118TH CONGRESS 

1ST SESSION S. 2226 

AN ACT 

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. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Defense Authorization Act for Fiscal Year 

6 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

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. 

Subtitle C—Navy Programs 

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. 

Subtitle D—Air Force Programs 

Sec. 131. Limitations and minimum inventory requirement relating to RQ–4 

aircraft. 

Sec. 132. Limitation on divestiture of T–1A training aircraft. 
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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. 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

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. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. 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. 

Subtitle C—Plans, Reports, and Other Matters 

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. 
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Sec. 230. Review of artificial intelligence investment. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

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. 

Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl 

Substances 

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. 

Subtitle D—Logistics and Sustainment 

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. 

Subtitle E—Briefings and Reports 

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. 
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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. 

Subtitle F—Other Matters 

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. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

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. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

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. 
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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 highdemand, 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. 

Subtitle B—Reserve Component Management 

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. 

Subtitle C—General Service Authorities and Military Records 

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. 

Subtitle D—Military Justice and Other Legal Matters 

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. 

Subtitle E—Member Education, Training, Transition 

Sec. 551. Future servicemember preparatory course. 
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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. 

Subtitle F—Military Family Readiness and Dependents’ Education 

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. 

Subtitle G—Junior Reserve Officers’ Training Corps 

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. 

Subtitle H—Decorations and Other Awards, Miscellaneous Reports and Other 

Matters 

Sec. 581. Extension of deadline for review of World War I valor medals. 

Sec. 582. Prohibition on former members of the Armed Forces accepting postservice employment with certain foreign governments. 

Sec. 583. Prohibition on requiring listing of gender or pronouns in official correspondence. 

Subtitle I—Enhanced Recruiting Efforts 

Sec. 591. Short title. 

Sec. 592. Increased access to potential recruits at secondary schools. 
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Sec. 593. Increased access to potential recruits at institutions of higher education. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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. 

Subtitle B—Bonus and Incentive Pays 

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. 

Subtitle C—Other Matters 

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. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 
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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 posttraumatic 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. 

Subtitle B—Health Care Administration 

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. 

Subtitle C—Reports and Other Matters 

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. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

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. 
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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. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

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. 

Subtitle C—Industrial Base Matters 

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. 

Subtitle D—Small Business Matters 

Sec. 841. Amendments to Defense Research and Development Rapid Innovation 

Program. 

Sec. 842. Department of Defense Mentor-Prote ́ge ́ 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. 
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Sec. 847. Modifications to the Procurement Technical Assistance Program. 

Sec. 848. Extension of pilot program to incentivize contracting with employeeowned 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. 

Subtitle E—Other Matters 

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. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Office of the Secretary of Defense and Related Matters 

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. 

Subtitle B—Other Department of Defense Organization and Management 

Matters 

Sec. 921. Joint Energetics Transition Office. 

Sec. 922. Transition of oversight responsibility for the Defense Technology Security Administration. 
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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. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

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. 

Subtitle B—Counterdrug Activities 

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. 

Subtitle C—Naval Vessels 

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. 

Subtitle D—Counterterrorism 

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. 

Subtitle E—Miscellaneous Authorities and Limitations 
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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. 

Subtitle F—Studies and Reports 

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. 

Subtitle G—Other Matters 

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. 
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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. 

Subtitle H—Drone Security 

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. 
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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. 

Subtitle I—Radiation Exposure Compensation Act 

PART I—MANHATTAN PROJECT WASTE

Sec. 1099AA. Claims relating to Manhattan Project waste. 

PART II—COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING

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. 

Subtitle J—Crypto Assets 

Sec. 1099AAA. Crypto asset anti-money laundering examination standards. 

Sec. 1099BBB. Combating anonymous crypto asset transactions. 

Subtitle K—Combating Cartels on Social Media Act of 2023 

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. 

TITLE XI—CONNECTING OCEANIA’S NATIONS WITH VANGUARD 

EXERCISES AND NATIONAL EMPOWERMENT 

Sec. 1101. Short title; table of contents. 

Sec. 1102. Definitions. 

Sec. 1103. National security councils of specified countries. 

TITLE XII—CIVILIAN PERSONNEL MATTERS 
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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. 

TITLE XIII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

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. 
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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. 

Subtitle B—Matters Relating to Syria, Iraq, and Iran 

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. 

Subtitle C—Matters Relating to Europe and the Russian Federation 

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. 

Subtitle D—Matters Relating to the Indo-Pacific Region 

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. 
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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 MilitaryIndustrial Complex Companies List. 

Sec. 1370. Extension of export prohibition on munitions items to the Hong 

Kong Police Force. 

Subtitle E—Securing Maritime Data From China 

Sec. 1371. Short title. 

Sec. 1372. LOGINK defined. 

Sec. 1373. Countering the spread of LOGINK. 

Subtitle F—Reports 
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Sec. 1381. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region. 

Subtitle G—Other Matters 

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. 

Subtitle H—Limitation on Withdrawal From NATO 

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. 
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Sec. 1399EE. Reporting requirement. 

Sec. 1399FF. Rule of construction. 

Sec. 1399GG. Severability. 

Sec. 1399HH. Definitions. 

Subtitle I—Combating Global Corruption 

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. 

Subtitle J—International Children With Disabilities Protection 

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. 

Subtitle K—Western Hemisphere Partnership Act of 2023 

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. 

TITLE XIV—COOPERATIVE THREAT REDUCTION 

Sec. 1401. Cooperative Threat Reduction funds. 

TITLE XV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1501. Working capital funds. 

Sec. 1502. Chemical Agents and Munitions Destruction, Defense. 
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Sec. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1504. Defense Inspector General. 

Sec. 1505. Defense Health Program. 

Subtitle B—National Defense Stockpile 

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. 

Subtitle C—Other Matters 

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. 

TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND 

INTELLIGENCE MATTERS 

Subtitle A—Space Activities 

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. 

Subtitle B—Nuclear Forces 

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. 
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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. 

Subtitle C—Missile Defense 

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. 

Subtitle D—Other Matters 

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. 

TITLE XVII—CYBERSPACE-RELATED MATTERS 
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Subtitle A—Matters Relating to Cyber Operations and Cyber Forces 

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. 

Subtitle B—Matters Relating to Department of Defense Cybersecurity and 

Information Technology 

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. 
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TITLE XVIII—SPACE FORCE PERSONNEL MANAGEMENT 

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. 

Subtitle A—Space Force Military Personnel System Without Component 

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. 

Subtitle B—Conforming Amendments Related to Space Force Military 

Personnel System 

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). 

Subtitle C—Transition Provisions 

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. 

Subtitle D—Other Amendments Related to the Space Force 

Sec. 1851. Title 10, United States Code. 

Sec. 1852. Other provisions of law. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 
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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. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

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. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

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. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

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. 

TITLE XXV—INTERNATIONAL PROGRAMS 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

Subtitle B—Host Country In-kind Contributions 

Sec. 2511. Republic of Korea funded construction projects. 

Sec. 2512. Republic of Poland funded construction projects. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
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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. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

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. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program 

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. 
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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. 

Subtitle B—Military Housing 

PART I—MILITARY UNACCOMPANIED HOUSING

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. 

PART II—PRIVATIZED MILITARY 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. 

PART III—OTHER HOUSING MATTERS

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. 

Subtitle C—Land Conveyances 

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. 

Subtitle D—Other Matters 

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. 
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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-bidbuild 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. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs and Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Nuclear energy. 

Subtitle B— Program Authorizations, Restrictions, and Limitations 

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. 
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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. 

Subtitle C—Budget and Financial Management Matters 

Sec. 3131. Updated financial integration policy. 

Subtitle D—Other Matters 

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. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Maritime Administration. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. PROCUREMENT. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. OPERATION AND MAINTENANCE. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. MILITARY PERSONNEL. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. OTHER AUTHORIZATIONS. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. MILITARY CONSTRUCTION. 
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TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

DIVISION E—ADDITIONAL PROVISIONS 

TITLE LI—PROCUREMENT 

Subtitle D—Air Force 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. 

TITLE LII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

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. 

TITLE LIII—OPERATION AND MAINTENANCE 

Subtitle A—Briefings and Reports 

Sec. 5341. Report by Department of Defense on alternatives to burn pits. 

TITLE LVI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle C—Other Matters 

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. 

TITLE LVII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 5701. Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services. 

Subtitle B—Health Care Administration 

Sec. 5711. Modification of requirement to transfer research and development 

and public health functions to Defense Health Agency. 
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Subtitle C—Reports and Other Matters 

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. 

TITLE LVIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle D—Small Business Matters 

Sec. 5841. Competition of small business concerns for Department of Defense 

contracts. 

Subtitle E—Other Matters 

Sec. 5851. Briefing on the redesignation of National Serial Number (NSN) 

parts as proprietary. 

TITLE LX—OTHER MATTERS 

Subtitle D—Counterterrorism 

Sec. 6031. Establishing a coordinator for countering Mexico’s criminal cartels. 

Subtitle F—Studies and Reports 

Sec. 6051. Report on food purchasing by the Department of Defense. 

Subtitle G—Other Matters 

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. 
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Subtitle H—Granting Recognition to Accomplished Talented Employees for 

Unwavering Loyalty Act 

Sec. 6091. Short title. 

Sec. 6092. Findings; sense of Congress. 

Sec. 6093. Visa availability for Government Employee Immigrant Visa program. 

Subtitle I—Additional Matters Relating to Artificial Intelligence 

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. 

TITLE LXII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle C—Matters Relating to Europe and the Russian Federation 

Sec. 6231. Black Sea security and development strategy. 

Subtitle D—Matters Relating to the Indo-Pacific Region 

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. 

Subtitle G—Other Matters 

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. 

TITLE LXV—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND 

INTELLIGENCE MATTERS 

Subtitle B—Nuclear Forces 

Sec. 6511. Annual report on development of long-range stand-off weapon. 

TITLE LXVIII—FEND OFF FENTANYL ACT 

Sec. 6801. Short title. 

Sec. 6802. Sense of Congress. 

Sec. 6803. Definitions. 

Subtitle A—Sanctions Matters 

PART I—SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY RELATING TO

FENTANYL TRAFFICKING

Sec. 6811. Finding; policy. 
33 

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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. 

PART II—OTHER MATTERS

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. 

Subtitle B—Anti-Money Laundering Matters 

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. 

Subtitle C—Exception Relating to Importation of Goods 

Sec. 6841. Exception relating to importation of goods. 

TITLE LXXVIII—MILITARY CONSTRUCTION AND GENERAL 

PROVISIONS 

Subtitle B—Military Housing 

PART III—OTHER HOUSING MATTERS

Sec. 7851. Report on plan to replace houses at Fort Leonard Wood. 

Subtitle D—Other Matters 

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. 

TITLE LXXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle D—Other Matters 

Sec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean 

Energy. 
34 

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DIVISION F—DEPARTMENT OF STATE AUTHORIZATION ACT OF 

2023 

Sec. 6001. Short title; table of contents. 

Sec. 6002. Definitions. 

TITLE LXI—DIPLOMATIC SECURITY AND CONSULAR AFFAIRS 

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. 

TITLE LXII—PERSONNEL MATTERS 

Subtitle A—Hiring, Promotion, and Development 

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. 

Subtitle B—Pay, Benefits, and Workforce Matters 

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. 
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TITLE LXIII—INFORMATION SECURITY AND CYBER DIPLOMACY 

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. 

TITLE LXIV—ORGANIZATION AND OPERATIONS 

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. 

TITLE LXV—ECONOMIC DIPLOMACY 

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. 

TITLE LXVI—PUBLIC DIPLOMACY 

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. 

TITLE LXVII—OTHER MATTERS 

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 nonbinding instruments. 
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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. 

TITLE LXVIII—AUKUS MATTERS 

Sec. 6801. Definitions. 

Subtitle A—Outlining the AUKUS Partnership 

Sec. 6811. Statement of policy on the AUKUS partnership. 

Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of 

State. 

Subtitle B—Authorization for AUKUS Submarine Training 

Sec. 6823. Australia, United Kingdom, and United States submarine security 

training. 

Subtitle C—Streamlining and Protecting Transfers of United States Military 

Technology From Compromise 

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. 

Subtitle D—Other AUKUS Matters 

Sec. 6841. Reporting related to the AUKUS partnership. 

DIVISION G—UNIDENTIFIED ANOMALOUS PHENOMENA 

DISCLOSURE 

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. 
37 

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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. 

DIVISION H—ARCHITECT OF THE CAPITOL APPOINTMENT ACT 

OF 2023 

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. 

DIVISION I—FAIR DEBT COLLECTION PRACTICES FOR 

SERVICEMEMBERS 

Sec. 11001. Short title. 

Sec. 11002. Enhanced protection against debt collector harassment of 

servicemembers. 

Sec. 11003. GAO study. 

DIVISION J—NATIVE AMERICAN HOUSING ASSISTANCE AND 

SELF-DETERMINATION REAUTHORIZATION ACT OF 2023 

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. 
38 

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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. 

DIVISION K—FORT BELKNAP INDIAN COMMUNITY WATER 

RIGHTS SETTLEMENT ACT OF 2023 

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. 

DIVISION L—COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

TITLE LXIX—FEDERAL DATA AND INFORMATION SECURITY 

Subtitle A—Federal Data Center Enhancement Act of 2023 

Sec. 11001. Short title. 

Sec. 11002. Federal Data Center Consolidation Initiative Amendments. 

TITLE LXX—STEMMING THE FLOW OF ILLICIT NARCOTICS 

Subtitle A—Enhancing DHS Drug Seizures Act 

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. 

Subtitle B—Non-Intrusive Inspection Expansion Act 

Sec. 11111. Short title. 

Sec. 11112. Use of non-intrusive inspection systems at land ports of entry. 
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Sec. 11113. Non-intrusive inspection systems for outbound inspections. 

Sec. 11114. GAO review and report. 

Subtitle C—Securing America’s Ports of Entry Act of 2023 

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. 

Subtitle D—Border Patrol Enhancement Act 

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. 

Subtitle E—END FENTANYL Act 

Sec. 11141. Short titles. 

Sec. 11142. Ensuring timely updates to U.S. Customs and Border Protection 

field manuals. 

TITLE LXXI—IMPROVING LOBBYING DISCLOSURE 

REQUIREMENTS 

Subtitle A—Lobbying Disclosure Improvement Act 

Sec. 11201. Short title. 

Sec. 11202. Registrant disclosure regarding foreign agent registration exemption. 

Subtitle B—Disclosing Foreign Influence in Lobbying Act 

Sec. 11211. Short title. 

Sec. 11212. Clarification of contents of registration. 

TITLE LXXII—PROTECTING OUR DOMESTIC WORKFORCE AND 

SUPPLY CHAIN 

Subtitle A—Government-wide Study Relating to High-security Leased Space 

Sec. 11301. Government-wide study. 

Subtitle B—Intergovernmental Critical Minerals Task Force 

Sec. 11311. Short title. 

Sec. 11312. Findings. 

Sec. 11313. Intergovernmental critical minerals task force. 

Subtitle C—Customs Trade Partnership Against Terrorism Pilot Program Act 

of 2023 

Sec. 11321. Short title. 
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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. 

Subtitle D—Military Spouse Employment Act 

Sec. 11331. Short title. 

Sec. 11332. Appointment of military spouses. 

Sec. 11333. GAO study and report. 

Subtitle E—Designation of Airports 

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. 

DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 

YEAR 2024 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

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. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—General Intelligence Community Matters 

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. 
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Sec. 311. Office of Intelligence and Analysis. 

Subtitle B—Central Intelligence Agency 

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. 

TITLE IV—MATTERS CONCERNING FOREIGN COUNTRIES 

Subtitle A—People’s Republic of China 

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. 

Subtitle B—Other Foreign Countries 

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. 

TITLE V—MATTERS PERTAINING TO UNITED STATES ECONOMIC 

AND EMERGING TECHNOLOGY COMPETITION WITH UNITED 

STATES ADVERSARIES 

Subtitle A—General Matters 

Sec. 501. Assignment of detailees from intelligence community to Department 

of Commerce. 

Subtitle B—Next-generation Energy, Biotechnology, and Artificial Intelligence 

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. 

TITLE VI—WHISTLEBLOWER MATTERS 
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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. 

TITLE VII—CLASSIFICATION REFORM 

Subtitle A—Classification Reform Act of 2023 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Classification and declassification of information. 

Sec. 704. Transparency officers. 

Subtitle B—Sensible Classification Act of 2023 

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. 

TITLE VIII—SECURITY CLEARANCE AND TRUSTED WORKFORCE 

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. 

TITLE IX—ANOMALOUS HEALTH INCIDENTS 

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. 

TITLE X—ELECTION SECURITY 

Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. 
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TITLE XI—OTHER MATTERS 

Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. 

Sec. 1102. Funding limitations relating to unidentified anomalous phenomena. 

1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into four divi4 sions as follows: 

5 (1) Division A—Department of Defense Au6 thorizations. 

7 (2) Division B—Military Construction Author8 izations. 

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions. 

12 (4) Division D—Funding Tables. 

13 (b) TABLE OF CONTENTS.—The table of contents for 

14 this Act is as follows: 

15 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

16 In this Act, the term ‘‘congressional defense commit17 tees’’ has the meaning given that term in section 

18 101(a)(16) of title 10, United States Code. 

19 SEC. 4. BUDGETARY EFFECTS OF THIS ACT. 

20 The budgetary effects of this Act, for the purposes 

21 of complying with the Statutory Pay-As-You-Go Act of 

22 2010, shall be determined by reference to the latest state23 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’ 
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1 for this Act, jointly submitted for printing in the Congres2 sional Record by the Chairmen of the House and Senate 

3 Budget Committees, provided that such statement has 

4 been submitted prior to the vote on passage in the House 

5 acting first on the conference report or amendment be6 tween the Houses. 

7 DIVISION A—DEPARTMENT OF 

8 DEFENSE AUTHORIZATIONS 

9 TITLE I—PROCUREMENT 

10 Subtitle A—Authorization of 

11 Appropriations 

12 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2024 for procurement for the Army, the Navy 

15 and the Marine Corps, the Air Force and the Space Force, 

16 and Defense-wide activities, as specified in the funding 

17 table in section 4101. 

18 Subtitle B—Army Programs 

19 SEC. 111. REPORT ON ARMY REQUIREMENTS AND ACQUISI20 TION STRATEGY FOR NIGHT VISION DEVICES. 

21 (a) REPORT REQUIRED.—Not later than February 

22 29, 2024, the Secretary of the Army shall submit to the 

23 congressional defense committees a report on night vision 

24 devices. 
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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following elements: 

3 (1) An identification of the specific capabilities 

4 the Army is seeking to achieve in night vision. 

5 (2) An identification of the capabilities in night 

6 vision required by unit, including the number and 

7 type of units for each capability. 

8 (3) An identification of the total requirement 

9 for night vision devices in the Army, disaggregated 

10 by number and type of unit. 

11 (4) A description of the acquisition strategy of 

12 the Army for achieving the capabilities described in 

13 paragraph (1), including a description of each of the 

14 following: 

15 (A) The acquisition objective for each type 

16 of night vision device. 

17 (B) The programmed purchase quantities 

18 for night vision devices required each year. 

19 (C) The contract type of each procurement 

20 of night vision devices. 

21 (D) The expected date for achieving the 

22 capabilities. 

23 (E) The industrial base constraints on 

24 each type of night vision device. 
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1 (F) The modernization plan for each type 

2 of night vision device. 

3 SEC. 112. ARMY PLAN FOR ENSURING SOURCES OF CAN4 NON TUBES. 

5 (a) UPDATED ASSESSMENT.—The Secretary of the 

6 Army shall update the assessment of the Secretary on the 

7 sufficiency of the development, production, procurement, 

8 and modernization of the defense industrial base for can9 non and large caliber weapons tubes. 

10 (b) SUBMITTAL TO CONGRESS.—Not later than Feb11 ruary 29, 2024, the Secretary shall submit to the Com12 mittee on Armed Services of the Senate and the Com13 mittee on Armed Services of the House of Representatives 

14 an update to the report submitted to Congress in March 

15 2022 entitled ‘‘Army Plan for Ensuring Sources of Can16 non Tubes’’. 

17 SEC. 113. STRATEGY FOR ARMY TACTICAL WHEELED VEHI18 CLE PROGRAM. 

19 (a) STRATEGY REQUIRED.—In the budget justifica20 tion materials submitted in support of the budget of the 

21 Department of Defense (as submitted with the budget of 

22 the President under section 1105(a) of title 31, United 

23 States Code) for fiscal year 2025 and every five years 

24 thereafter, the Secretary of the Army shall include a re-
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1 port on the strategy of the Army for tactical wheeled vehi2 cles. 

3 (b) REQUIREMENTS FOR STRATEGY.—Each strategy 

4 required by subsection (a) shall— 

5 (1) align with the applicable national defense 

6 strategy under section 113(g) of title 10, United 

7 States Code, and applicable policies; 

8 (2) be designed so that the force of tactical 

9 wheeled vehicles provided under the strategy sup10 ports the national security strategy of the United 

11 States as set forth in the most recent national secu12 rity strategy report of the President under section 

13 108 of the National Security Act of 1947 (50 U.S.C. 

14 3043); and 

15 (3) define capabilities and capacity require16 ments across the entire fleet of tactical wheeled vehi17 cles, including— 

18 (A) light, medium, and heavy tactical 

19 wheeled vehicles; and 

20 (B) associated trailer and support equip21 ment. 

22 (c) STRATEGY ELEMENTS.—Each strategy required 

23 by subsection (a) shall include the following: 
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1 (1) A detailed program for the construction of 

2 light, medium, and heavy tactical wheeled vehicles 

3 for the Army over the next five fiscal years. 

4 (2) A description of the necessary force struc5 ture and capabilities of tactical wheeled vehicles to 

6 meet the requirements of the national security strat7 egy described in subsection (b)(2). 

8 (3) The estimated levels of annual funding, by 

9 vehicle class, in both graphical and tabular form, 

10 necessary to carry out the program described in 

11 paragraph (1), together with a discussion of the pro12 curement strategies on which such estimated levels 

13 of annual funding are based. 

14 (4) The estimated total cost of construction for 

15 each vehicle class used to determine the estimated 

16 levels of annual funding described in paragraph (3). 

17 (d) CONSIDERATIONS.—In developing each strategy 

18 required by subsection (a), the Secretary of the Army shall 

19 consider the following objectives and factors: 

20 (1) Objectives relating to protection, fleet oper21 ations, mission command, mobility, and the indus22 trial base. 

23 (2) Technological advances that will increase ef24 ficiency of and reduce demand for tactical wheeled 

25 vehicles. 
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1 (3) Technological advances that allow for the 

2 operation of tactical wheeled vehicles in a variety of 

3 climate and geographic conditions. 

4 (4) Existing commercial technologies such as 

5 vehicle electrification, autonomous capabilities, and 

6 predictive maintenance, among others. 

7 (5) The capabilities of autonomous equivalents 

8 to tactical wheeled vehicles. 

9 (e) BRIEFING REQUIREMENTS.—Not later than 15 

10 days after each budget submission described in subsection 

11 (a), in conjunction with the submission of each strategy 

12 required by such subsection, the Secretary of the Army 

13 shall provide a briefing to the congressional defense com14 mittees that addresses the investment needed for each 

15 platform of tactical wheeled vehicle across the future-years 

16 defense program. 

17 SEC. 114. EXTENSION AND MODIFICATION OF ANNUAL UP18 DATES TO MASTER PLANS AND INVESTMENT 

19 STRATEGIES FOR ARMY AMMUNITION 

20 PLANTS. 

21 Section 2834(d) of the Military Construction Author22 ization Act for Fiscal Year 2022 (division B of Public Law 

23 117–81; 135 Stat. 2201) is amended— 
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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘March 31, 2026’’ and inserting ‘‘March 

3 31, 2030’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(5) A description of any changes made to the 

7 master plan based upon current global events, in8 cluding pandemics and armed conflicts.’’. 

9 SEC. 115. REPORT ON ACQUISITION STRATEGIES OF THE 

10 LOGISTICS AUGMENTATION PROGRAM OF 

11 THE ARMY. 

12 (a) IN GENERAL.—Not later than 90 days after the 

13 date of the enactment of this Act, the Secretary of the 

14 Army, in conjunction with the Office of the Secretary of 

15 Defense and in coordination with the geographic combat16 ant commanders, shall submit to the Committee on Armed 

17 Services of the Senate and the Committee on Armed Serv18 ices of the House of Representatives a report reviewing 

19 the proposed recompete of the operational task orders of 

20 the geographic combatant commands under the contract 

21 for the logistics augmentation program of the Army that 

22 will expire in 2028 (commonly referred to as ‘‘LOGCAP 

23 V’’). 

24 (b) ELEMENTS.—The report required by subsection 

25 (a) shall include the following: 
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1 (1) A business case analysis of the cost and 

2 operational benefit of recompeting the task orders 

3 described in subsection (a). 

4 (2) Input from stakeholders, including Army 

5 Sustainment Command, the geographic combatant 

6 commanders, and Army service component com7 manders, on the desirability and operational impacts 

8 of the proposed recompete described in subsection 

9 (a). 

10 (3) Detailed cost estimates and timelines, in11 cluding projected transition costs and timelines for 

12 the task orders described in subsection (a). 

13 (4) An assessment of the potential impacts re14 lated to quality and timing of transitioning to the 

15 new logistics augmentation program (commonly re16 ferred to as ‘‘LOGCAP VI’’). 

17 (5) An analysis of recompeting the task orders 

18 described in subsection (a) compared to transitioning 

19 to LOGCAP VI. 

20 (6) An overview of potential innovations and ef21 ficiencies derived from a competition for LOGCAP 

22 VI. 

23 (7) An explanation of the benefit of recom24 peting the task orders described in subsection (a) 

25 compared to an open competition for LOGCAP VI. 
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1 (8) A breakdown of additional authorities need2 ed to move directly to LOGCAP VI. 

3 Subtitle C—Navy Programs 

4 SEC. 121. REDUCTION IN THE MINIMUM NUMBER OF NAVY 

5 CARRIER AIR WINGS AND CARRIER AIR WING 

6 HEADQUARTERS REQUIRED TO BE MAIN7 TAINED. 

8 Section 8062(e) of title 10, United States Code, is 

9 amended— 

10 (1) in paragraph (1), by striking ‘‘until the ear11 lier of’’ and all that follows and inserting ‘‘until the 

12 date on which additional operationally deployable 

13 aircraft carriers can fully support a 10th carrier air 

14 wing;’’; and 

15 (2) in paragraph (2), by striking ‘‘the earlier 

16 of’’ and all that follows through ‘‘and (B) of’’ and 

17 inserting ‘‘the date referred to in’’. 

18 SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY 

19 OF FUNDS FOR NAVY PORT WATERBORNE SE20 CURITY BARRIERS. 

21 Section 130(a) of the John S. McCain National De22 fense Authorization Act for Fiscal Year 2019 (Public Law 

23 115–232; 132 Stat. 1665), as most recently amended by 

24 section 123(a) of the James M. Inhofe National Defense 

25 Authorization Act for Fiscal Year 2023 (Public Law 117– 
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1 263), is further amended by striking ‘‘through 2023’’ and 

2 inserting ‘‘through 2024’’. 

3 SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR4 GINIA CLASS SUBMARINE PROGRAM. 

5 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

6 Subject to section 3501 of title 10, United States Code, 

7 the Secretary of the Navy may enter into one or more 

8 multiyear contracts for the procurement of 10 Virginia 

9 class submarines. 

10 (b) AUTHORITY FOR ADVANCE PROCUREMENT AND

11 ECONOMIC ORDER QUANTITY.—The Secretary of the 

12 Navy may enter into one or more contracts, beginning in 

13 fiscal year 2024, for advance procurement associated with 

14 the Virginia class submarines for which authorization to 

15 enter into a multiyear procurement contract is provided 

16 under subsection (a) and for equipment or subsystems as17 sociated with the Virginia class submarine program, in18 cluding procurement of— 

19 (1) long lead time material; or 

20 (2) material or equipment in economic order 

21 quantities when cost savings are achievable. 

22 (c) CONDITION FOR OUT-YEAR CONTRACT PAY23 MENTS.—A contract entered into under subsection (a) 

24 shall provide that any obligation of the United States to 

25 make a payment under the contract for a fiscal year after 
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1 fiscal year 2025 is subject to the availability of appropria2 tions or funds for that purpose for such later fiscal year. 

3 (d) LIMITATION ON TERMINATION LIABILITY.—A 

4 contract for the construction of Virginia class submarines 

5 entered into under subsection (a) shall include a clause 

6 that limits the liability of the United States to the con7 tractor for any termination of the contract. The maximum 

8 liability of the United States under the clause shall be the 

9 amount appropriated for the submarines covered by the 

10 contract regardless of the amount obligated under the con11 tract. 

12 SEC. 124. SENSE OF SENATE ON PROCUREMENT OF OUT13 STANDING F/A–18 SUPER HORNET PLAT14 FORMS. 

15 (a) FINDINGS.—Congress finds that Congress appro16 priated funds for twelve F/A–18 Super Hornet platforms 

17 in fiscal year 2022 and eight F/A–18 Super Hornet plat18 forms in fiscal year 2023, but the Navy has yet to enter 

19 into any contracts for the procurement of such platforms. 

20 (b) SENSE OF SENATE.—It is the sense of the Senate 

21 that— 

22 (1) the Secretary of the Navy and the con23 tractor team should expeditiously enter into contrac24 tual agreements to procure the twenty F/A–18 
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1 Super Hornet platforms for which funds have been 

2 appropriated; and 

3 (2) the Senate urges the Secretary of the Navy 

4 and the contractor team to comply with congres5 sional intent and applicable law with appropriate ex6 pediency to bolster the Navy’s fleet of strike fighter 

7 aircraft and avoid further disruption to the defense 

8 industrial base. 

9 Subtitle D—Air Force Programs 

10 SEC. 131. LIMITATIONS AND MINIMUM INVENTORY RE11 QUIREMENT RELATING TO RQ–4 AIRCRAFT. 

12 Section 9062 of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(l)(1) During the period beginning on the date of 

16 the enactment of the National Defense Authorization Act 

17 for Fiscal Year 2024 and ending on September 30, 2028, 

18 the Secretary of the Air Force may not— 

19 ‘‘(A) retire an RQ–4 aircraft; 

20 ‘‘(B) reduce funding for unit personnel or 

21 weapon system sustainment activities for RQ–4 air22 craft in a manner that presumes future congres23 sional authority to divest such aircraft; 

24 ‘‘(C) keep an RQ–4 aircraft in a status consid25 ered excess to the requirements of the possessing 
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1 command and awaiting disposition instructions 

2 (commonly referred to as ‘XJ’ status); or 

3 ‘‘(D) decrease the total aircraft inventory of 

4 RQ–4 aircraft below 10 aircraft. 

5 ‘‘(2) The prohibition under paragraph (1) shall not 

6 apply to individual RQ–4 aircraft that the Secretary of 

7 the Air Force determines, on a case-by-case basis, to be 

8 no longer mission capable and uneconomical to repair be9 cause of aircraft accidents, mishaps, or excessive material 

10 degradation and non-airworthiness status of certain air11 craft.’’. 

12 SEC. 132. LIMITATION ON DIVESTITURE OF T–1A TRAINING 

13 AIRCRAFT. 

14 No divestiture of any T–1A training aircraft may 

15 occur until the Chief of Staff of the Air Force submits 

16 to the congressional defense committees a certification 

17 of— 

18 (1) the fleet-wide implementation of the Under19 graduate Pilot Training 2.5 curriculum and the ef20 fect of such implementation on the undergraduate 

21 pilot training pipeline; and 

22 (2) how the divestiture would affect existing 

23 programs of the Air Force that accelerate pilot 

24 training. 
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1 SEC. 133. MODIFICATION TO MINIMUM INVENTORY RE2 QUIREMENT FOR A–10 AIRCRAFT. 

3 (a) FISCAL YEAR 2017 NDAA.—Section 134(d) of 

4 the National Defense Authorization Act for Fiscal Year 

5 2017 (Public Law 114–328; 130 Stat. 2038), as amended 

6 by section 141(b)(1) of the James M. Inhofe National De7 fense Authorization Act for Fiscal Year 2023 (Public Law 

8 117–263), is further amended by striking ‘‘153 A–10 air9 craft’’ and inserting ‘‘135 A–10 aircraft’’. 

10 (b) FISCAL YEAR 2016 NDAA.—Section 142(b)(2) 

11 of the National Defense Authorization Act for Fiscal Year 

12 2016 (Public Law 114–92; 129 Stat. 755), as amended 

13 by section 141(b)(2) of the James M. Inhofe National De14 fense Authorization Act for Fiscal Year 2023 (Public Law 

15 117–263), is further amended by striking ‘‘153 A–10 air16 craft’’ and inserting ‘‘135 A–10 aircraft’’. 

17 SEC. 134. MODIFICATION TO MINIMUM REQUIREMENT FOR 

18 TOTAL PRIMARY MISSION AIRCRAFT INVEN19 TORY OF AIR FORCE FIGHTER AIRCRAFT. 

20 Section 9062(i)(1) of title 10, United States Code, 

21 is amended by striking ‘‘1,145 fighter aircraft’’ and insert22 ing ‘‘1,112 fighter aircraft’’. 
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1 SEC. 135. MODIFICATION OF LIMITATION ON DIVESTMENT 

2 OF F–15 AIRCRAFT. 

3 Section 150 of the James M. Inhofe National Defense 

4 Authorization Act for Fiscal Year 2023 (Public Law 117– 

5 263; 136 Stat. 2456) is amended— 

6 (1) in subsection (b)(1)— 

7 (A) in subparagraph (C)(ii), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (B) in subparagraph (D), by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(E) for each covered F–15 aircraft that 

14 the Secretary plans to divest, a description of— 

15 ‘‘(i) the upgrades and modifications 

16 done to the aircraft, including the date of 

17 each modification and the value amount of 

18 each modification in current year dollars; 

19 and 

20 ‘‘(ii) the estimated remaining service 

21 life of— 

22 ‘‘(I) the aircraft; and 

23 ‘‘(II) the onboard systems of the 

24 aircraft.’’; and 

25 (2) by redesignating subsection (c) as sub26 section (d); and 
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1 (3) by inserting after subsection (b) the fol2 lowing new subsection (c): 

3 ‘‘(c) UPDATES.—Not later than October 1 of each 

4 year through October 1, 2028, the Secretary of the Air 

5 Force shall— 

6 ‘‘(1) update the report required under sub7 section (b); and 

8 ‘‘(2) submit such update to the congressional 

9 defense committees.’’. 

10 SEC. 136. REPORT ON AIR FORCE EXECUTIVE AIRCRAFT. 

11 (a) IN GENERAL.—Not later than January 1, 2025, 

12 the Secretary of the Air Force shall submit to the congres13 sional defense committees a report that includes the fol14 lowing: 

15 (1) An overview of the total missions flown by 

16 executive aircraft of the Air Force during the five 

17 fiscal years preceding the fiscal year in which the re18 port is submitted, disaggregated by fiscal year, in19 cluding the mission types and Government agencies 

20 supported. 

21 (2) An identification of each mission flown by 

22 executive aircraft of the Air Force during the five 

23 fiscal years preceding the fiscal year in which the re24 port is submitted, disaggregated by fiscal year, in25 cluding the mission type, overall cost, average flight 
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1 hour cost, and Government agency supported, 

2 disaggregated by wing and by type of aircraft. 

3 (3) The projected mission capacity for executive 

4 aircraft of the Air Force for the five fiscal years fol5 lowing the fiscal year in which the report is sub6 mitted, disaggregated by fiscal year, factoring in any 

7 planned changes to aircraft inventory. 

8 (4) A description of any anomalous conditions 

9 that may have impacted the availability, with respect 

10 to executive aircraft of the Air Force, of a specific 

11 aircraft type or wing during the five fiscal years pre12 ceding the fiscal year in which the report is sub13 mitted, such as unavailability of a specific aircraft 

14 type due to block upgrades or fleetwide maintenance 

15 issues. 

16 (5) A description of the impact of the capacity 

17 of executive aircraft of the Air Force on the overall 

18 capacity of the Department of Defense to meet de19 mand for executive aircraft. 

20 (6) The total outlays of the Department of the 

21 Air Force for missions flown by executive aircraft of 

22 the Air Force, after factoring in reimbursements re23 ceived from Government agencies supported, during 

24 the five fiscal years preceding the fiscal year in 
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1 which the report is submitted, disaggregated by fis2 cal year and by account. 

3 (7) The projected budgets for the executive air4 craft of the Air Force through the future years de5 fense program. 

6 (8) A narrative description of how the Air 

7 Force plans and budgets for missions flown by exec8 utive aircraft. 

9 (9) Any other information the Secretary con10 siders to be important. 

11 (b) FORM.—The report required by subsection (a) 

12 shall be submitted in unclassified form, but may include 

13 a classified annex for the purposes of describing classified 

14 missions supported by the executive aircraft of the Air 

15 Force. 

16 SEC. 137. PROHIBITION ON CERTAIN REDUCTIONS TO IN17 VENTORY OF E–3 AIRBORNE WARNING AND 

18 CONTROL SYSTEM AIRCRAFT. 

19 (a) PROHIBITION.—None of the funds authorized to 

20 be appropriated by this Act for fiscal year 2024 for the 

21 Air Force may be obligated or expended to retire, prepare 

22 to retire, or place in storage or in backup aircraft inven23 tory any E–3 aircraft if such actions would reduce the 

24 total aircraft inventory for such aircraft below 16. 
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1 (b) EXCEPTION FOR PLAN.—If the Secretary of the 

2 Air Force submits to the congressional defense committees 

3 a plan for maintaining readiness and ensuring there is no 

4 lapse in mission capabilities, the prohibition under sub5 section (a) shall not apply to actions taken to reduce the 

6 total aircraft inventory for E–3 aircraft to below 16, be7 ginning 30 days after the date on which the plan is so 

8 submitted. 

9 (c) EXCEPTION FOR E–7 PROCUREMENT.—If the 

10 Secretary of the Air Force procures enough E–7 

11 Wedgetail aircraft to accomplish the required mission 

12 load, the prohibition under subsection (a) shall not apply 

13 to actions taken to reduce the total aircraft inventory for 

14 E–3 aircraft to below 16 after the date on which such E– 

15 7 Wedgetail aircraft are delivered. 

16 Subtitle E—Defense-wide, Joint, 

17 and Multiservice Matters 

18 SEC. 141. PILOT PROGRAM TO ACCELERATE THE PROCURE19 MENT AND FIELDING OF INNOVATIVE TECH20 NOLOGIES. 

21 Section 834(b) of the National Defense Authorization 

22 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 

23 4061 note) is amended by adding at the end the following 

24 new paragraph: 
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1 ‘‘(3) The Secretary of Defense may waive the priority 

2 established pursuant to paragraph (1) for up to two solici3 tations for proposals per fiscal year.’’. 

4 SEC. 142. REQUIREMENT TO DEVELOP AND IMPLEMENT 

5 POLICIES TO ESTABLISH THE DATALINK 

6 STRATEGY OF THE DEPARTMENT OF DE7 FENSE. 

8 (a) POLICIES REQUIRED.— 

9 (1) IN GENERAL.—The Secretary of Defense 

10 shall develop and implement policies to establish the 

11 unified datalink strategy of the Department of De12 fense (in this section referred to as the ‘‘strategy’’). 

13 (2) ELEMENTS.—The policies required by para14 graph (1) shall include the following: 

15 (A) The designation of an organization 

16 that will act as the lead coordinator of datalink 

17 activities across the entire Department of De18 fense. 

19 (B) Prioritization and coordination across 

20 services of the strategy within the requirements 

21 generation process of the Department. 

22 (C) The use of a common standardized 

23 datalink network or transport protocol that en24 sures interoperability between independently de25 veloped datalinks, regardless of physical me-
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1 dium used, and ensures mesh routing. The Sec2 retary of Defense shall consider the use of a 

3 subset of Internet Protocol. 

4 (D) A programmatic decoupling of the 

5 physical method used to transmit data, the net6 work or transport protocols used in the trans7 mission and reception of data, and the applica8 tions used to process and use data. 

9 (E) The coordination of weapon systems 

10 executing the same mission types across serv11 ices of the strategy, including through the use 

12 of a common set of datalink waveforms. The 

13 Secretary shall evaluate the use of redundant 

14 datalinks for line-of-sight and beyond-line-of15 sight information exchange for each weapon 

16 systems platform. 

17 (F) Coordination between the Department 

18 and the intelligence community (as defined in 

19 section 3 of the National Security Act of 1947 

20 (50 U.S.C. 3003)) to leverage any efficiencies 

21 and overlap with existing datalink waveforms of 

22 the intelligence community. 

23 (G) Methods to support the rapid integra24 tion of common datalinks across the force. 
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1 (H) Support for modularity of specific 

2 datalink waveforms to enable rapid integration 

3 of future datalinks, including the use of soft4 ware defined radios compliant with modular 

5 open system architecture and sensor open sys6 tem architecture. 

7 (b) INFORMATION TO CONGRESS.—Not later than 

8 June 1, 2024, the Secretary of Defense shall provide to 

9 the congressional defense committees the following: 

10 (1) A briefing on the proposed policies required 

11 by subsection (a)(1), with timelines for implementa12 tion. 

13 (2) An estimated timeline of implementations of 

14 datalinks. 

15 (3) A list of any additional resources and au16 thorities required to execute the strategy. 

17 (4) A determination of whether a common set 

18 of datalinks can and should be implemented across 

19 all major weapon systems within the Department of 

20 Defense. 

21 SEC. 143. REPORT ON CONTRACT FOR CYBERSECURITY CA22 PABILITIES AND BRIEFING. 

23 (a) REPORT.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the 
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1 Chief Information Officer of the Department of De2 fense shall submit to the congressional defense com3 mittees a report on the decision to exercise options 

4 on an existing contract to use cybersecurity capabili5 ties to protect assets and networks across the De6 partment of Defense. 

7 (2) ELEMENTS.—The report required by para8 graph (1) shall include the following: 

9 (A) A description of the potential effects 

10 on innovation and competition among cyberse11 curity vendors of the decision to exercise the cy12 bersecurity options on the contract described in 

13 paragraph (1). 

14 (B) A description of the risks and benefits 

15 associated with an integrated enterprise-wide 

16 cybersecurity solution from a single vendor. 

17 (C) A description of future plans of the 

18 Department of Defense to recompete the acqui19 sition of integrated and interoperable cybersecu20 rity tools and applications that would allow 

21 multiple vendors to compete separately and as 

22 teams. 

23 (D) A copy of the analysis conducted by 

24 the Director of Cost Assessment and Program 

25 Evaluation of the Department of the costs and 
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1 effectiveness of the cybersecurity capabilities 

2 covered by the contract described in paragraph 

3 (1). 

4 (E) A copy of the analysis conducted by 

5 the Director of Operational Test and Evalua6 tion of the Department of the effectiveness of 

7 the cybersecurity capabilities covered by the 

8 contract described in paragraph (1) compared 

9 to other commercially available products and 

10 vendors. 

11 (b) BRIEFING.—Not later than 60 days after the date 

12 of the enactment of this Act, the Chief Information Officer 

13 of the Department of Defense shall brief the congressional 

14 defense committees on the plans of the Department to en15 sure competition and interoperability in the security and 

16 identity and access management product market seg17 ments. 

18 TITLE II—RESEARCH, DEVELOP19 MENT, TEST, AND EVALUA20 TION 

21 Subtitle A—Authorization of 

22 Appropriations 

23 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2024 for the use of the Department of Defense 
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1 for research, development, test, and evaluation, as speci2 fied in the funding table in section 4201. 

3 Subtitle B—Program Require4 ments, Restrictions, and Limita5 tions 

6 SEC. 211. UPDATED GUIDANCE ON PLANNING FOR 

7 EXPORTABILITY FEATURES FOR FUTURE 

8 PROGRAMS. 

9 (a) PROGRAM GUIDANCE ON PLANNING FOR

10 EXPORTABILITY FEATURES.—The Under Secretary of 

11 Defense for Acquisition and Sustainment shall ensure that 

12 program guidance is updated to integrate planning for 

13 exportability features called for by section 4067 of title 

14 10, United States Code, for the following activities: 

15 (1) Major defense acquisition programs 

16 (MDAPs) (as defined in section 4201 of title 10, 

17 United States Code), which shall include in the ini18 tial cost estimates for the programs a requirement 

19 to capture potential exportability needs. 

20 (2) Middle tier acquisition (MTA) programs de21 scribed in section 804(a) of the National Defense 

22 Authorization Act for Fiscal Year 2016 (Public Law 

23 114–92; 10 U.S.C. 3201 note prec.), which shall in24 clude an assessment of potential exportability needs 
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1 prior to transition from rapid fielding or proto2 typing. 

3 (b) REVISION OF GUIDANCE FOR PROGRAM PROTEC4 TION PLANS.—The Under Secretary shall revise guidance 

5 for program protection plans to integrate a requirement 

6 to determine exportability for the programs covered by 

7 such plans. 

8 SEC. 212. SUPPORT TO THE DEFENCE INNOVATION ACCEL9 ERATOR FOR THE NORTH ATLANTIC. 

10 (a) AUTHORITY.—To the extent and in such amounts 

11 as provided in appropriations Acts for the purposes set 

12 forth in this section, the Secretary of Defense may, acting 

13 through the Under Secretary of Defense for Research and 

14 Engineering, provide funds of not more than $15,000,000 

15 per year to sustain the participation of the United States 

16 in the North Atlantic Treaty Organization (NATO) 

17 Defence Innovation Accelerator for the North Atlantic 

18 (DIANA) Initiative (in this section the ‘‘Initiative’’). 

19 (b) NOTIFICATION.— 

20 (1) IN GENERAL.—Not later than 15 days after 

21 the date on which the Secretary makes a decision to 

22 provide funds pursuant to subsection (a), the Under 

23 Secretary shall submit to the congressional defense 

24 committees a written notification of such decision. 
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1 (2) CONTENTS.—Notification submitted pursu2 ant to paragraph (1) shall include the following: 

3 (A) A detailed breakout of the funding 

4 provided. 

5 (B) The intended purposes of such funds. 

6 (C) The timeframe covered by such funds. 

7 (c) STRATEGY.— 

8 (1) IN GENERAL.—Not later than July 1, 2024, 

9 the Under Secretary shall submit to the congres10 sional defense committees a strategy for participa11 tion by the United States in the Initiative. 

12 (2) CONTENTS.—The strategy submitted pursu13 ant to paragraph (1) shall include the following: 

14 (A) A description for how the Initiative fits 

15 into the innovation ecosystem for the North At16 lantic Treaty Organization, as well as how it is 

17 synchronized with and will interact with other 

18 science, technology, and innovation activities 

19 within the Department of Defense. 

20 (B) Anticipated funding profile across the 

21 future years defense program (FYDP). 

22 (C) Identification of key technology focus 

23 areas to be addressed each year across the fu24 ture years defense program. 
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1 (D) Anticipated areas for expansion for 

2 key nodes or locations for the Initiative, includ3 ing how the Initiative will contribute to fos4 tering the spread of innovation throughout the 

5 United States. 

6 (d) ANNUAL REPORT.—Not later than February 1, 

7 2024, and February 1 of each year thereafter through 

8 2026, the Secretary shall submit to the congressional de9 fense committees an annual report for Department sup10 ported activities of the Initiative, including the breakdown 

11 of funding provided for the previous fiscal year, and key 

12 milestones or achievements during that timeframe. 

13 (e) SUNSET.—The authority provided by subsection 

14 (a) shall terminate on September 30, 2026. 

15 SEC. 213. MODIFICATION TO PERSONNEL MANAGEMENT 

16 AUTHORITY TO ATTRACT EXPERTS IN 

17 SCIENCE AND ENGINEERING. 

18 Section 4092(b) of title 10, United States code is 

19 amended— 

20 (1) in paragraph (1)(B), by striking ‘‘of which 

21 not more than 5 such positions may be positions of 

22 administration or management of the Agency’’; and 

23 (2) in paragraph (4), by inserting ‘‘, including, 

24 upon separation, pay the travel, transportation, and 

25 relocation expenses to return to the location of ori-
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1 gin, at the time of the initial appointment, within 

2 the United States’’ before the period at the end. 

3 SEC. 214. ADMINISTRATION OF THE ADVANCED SENSORS 

4 APPLICATION PROGRAM. 

5 Section 218 of the James M. Inhofe National Defense 

6 Authorization Act for Fiscal Year 2023 (Public Law 117– 

7 263) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), by striking ‘‘The 

10 Commander of Naval Air Systems Command 

11 and the Director of Air Warfare shall jointly 

12 serve’’ and inserting ‘‘The Under Secretary of 

13 Defense for Intelligence and Security, acting 

14 through the Director of the Air Force Office of 

15 Concepts, Development, and Management Of16 fice, shall serve’’; and 

17 (B) in paragraph (2), by striking ‘‘The re18 source sponsors of the Program shall be respon19 sible’’ and inserting ‘‘The resource sponsor, in 

20 consultation with the Commander of Naval Air 

21 Systems Command, shall be responsible’’; 

22 (2) in subsection (b), by striking ‘‘Only the Sec23 retary of the Navy, the Under Secretary of the 

24 Navy, and the Commander of Naval Air Systems 

25 Command may’’ and inserting ‘‘Only the Under Sec-
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1 retary of Defense for Intelligence and Security and 

2 the Director of the Air Force Concepts, Develop3 ment, and Management Office, in consultation with 

4 the Commander of Naval Air Systems Command, 

5 may’’; and 

6 (3) in subsection (d)(3), by striking ‘‘exercised 

7 by the Commander of Naval Air Systems Command, 

8 the Secretary of the Navy, or the Under Secretary 

9 of the Navy’’ and inserting ‘‘exercised by the Under 

10 Secretary of Defense for Intelligence and Security 

11 and the Director of the Air Force Concepts, Devel12 opment, and Management Office’’. 

13 SEC. 215. DELEGATION OF RESPONSIBILITY FOR CERTAIN 

14 RESEARCH PROGRAMS. 

15 Section 980(b) of title 10, United Stated Code, is 

16 amended— 

17 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 

18 and 

19 (2) by adding to the end the following new 

20 paragraph: 

21 ‘‘(2) The Secretary may delegate the authority pro22 vided by paragraph (1) to the Under Secretary of Defense 

23 for Research and Engineering.’’. 
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1 SEC. 216. PROGRAM OF STANDARDS AND REQUIREMENTS 

2 FOR MICROELECTRONICS. 

3 (a) PROGRAM REQUIRED.—The Secretary of Defense 

4 shall establish, not later than 180 days after the date of 

5 the enactment of this Act, a program within the National 

6 Security Agency to develop and continuously update, as 

7 the Secretary determines necessary, standards, commer8 cial best practices, and requirements for the design, manu9 facture, packaging, test, and distribution of microelec10 tronics acquired by the Department of Defense to provide 

11 acceptable levels of confidentiality, integrity, and avail12 ability for Department commercial-off-the-shelf (COTS) 

13 microelectronics, field programmable gate arrays 

14 (FPGAs), and custom integrated circuits (CICs). 

15 (b) ADVICE AND ASSESSMENT.—The Secretary shall 

16 ensure that the program established pursuant to sub17 section (a) is advised and assessed by the Government18 Industry-Academia Working Group on Microelectronics 

19 established under section 220 of the James M. Inhofe Na20 tional Defense Authorization Act for Fiscal Year 2023 

21 (Public Law 117–263). 

22 (c) REQUIREMENTS.—The program established by 

23 subsection (a) shall develop— 

24 (1) evidence-based assurance processes and 

25 techniques that sustain, build on, automate, and 

26 scale up the results and accomplishments of the 
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1 Rapid Assured Microelectronics Prototypes (RAMP), 

2 RAMP-Commercial (RAMP-C), and State-of-the-Art 

3 Heterogeneous Integrated Packaging (SHIP) pro4 grams to enhance the confidentiality, integrity, and 

5 availability of microelectronics while minimizing 

6 costs and impacts to commercial manufacturing 

7 practices; 

8 (2) validation methods for such processes and 

9 techniques, in coordination with the developmental 

10 and operational test and evaluation community, as 

11 the Secretary determines necessary; 

12 (3) threat models that comprehensively charac13 terize the threat to microelectronics confidentiality, 

14 integrity, and availability across the entire supply 

15 chain, and the design, production, packaging, and 

16 deployment cycle to support risk management and 

17 risk mitigation, based on the principle of reducing 

18 risk to as low a level as reasonably practicable, in19 cluding— 

20 (A) comparative risk assessments; and 

21 (B) balanced and practical investments in 

22 assurance based on risks and returns; 

23 (4) levels of assurance and associated require24 ments for the production and acquisition of commer25 cial-off-the-shelf integrated circuits, integrated cir-
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1 cuits subject to International Traffic in Arms Regu2 lations (ITAR) under subchapter M of chapter I of 

3 title 22, Code of Federal Regulations, or successor 

4 regulations, and classified integrated circuits using 

5 commercial foundry manufacturing process flows; 

6 (5) guides for Federal Government program 

7 evaluators, program offices, and industry to meet 

8 microelectronics assurance requirements; and 

9 (6) guidance for the creation of a government 

10 organizational structure and plan to support the ac11 quisition of fit-for-purpose microelectronics, includ12 ing the role of the Defense Microelectronics Activity, 

13 the Crane Division of the Naval Surface Warfare 

14 Center, and the Joint Federated Assurance Center. 

15 (d) MICROELECTRONICS ASSURANCE STANDARD.— 

16 The program established pursuant to subsection (a) shall 

17 establish a Department microelectronics assurance stand18 ard that includes an overarching assurance framework as 

19 well as the guides developed under subsection (c)(5), for 

20 commercial-off-the-shelf integrated circuits, integrated cir21 cuits subject to the International Traffic in Arms Regula22 tions under subchapter M of chapter I of title 22, Code 

23 of Federal Regulations, or successor regulations, and clas24 sified microelectronics developed under subsection (c)(4). 
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1 (e) MICROELECTRONICS ASSURANCE EXECUTIVE

2 AGENT.—The Secretary shall designate one individual 

3 from a military department as the Microelectronics Assur4 ance Executive Agent to assist Federal Government pro5 gram offices in acquiring fit-for-purpose microelectronics. 

6 (f) MANAGEMENT OF RAMP AND SHIP PRO7 GRAMS.—Effective on the date of the establishment of the 

8 program required by subsection (a), such program shall 

9 assume management of the Rapid Assured Microelec10 tronics Prototypes, Rapid Assured Microelectronics Proto11 types-Commercial (RAMP-C), and State-of-the-Art Het12 erogeneous Integrated Packaging programs that were in 

13 effect on the day before the date of the enactment of this 

14 Act and executed by the Under Secretary of Defense for 

15 Research and Engineering. 

16 (g) OVERSIGHT.—The Under Secretary of Defense 

17 for Research and Engineering shall provide oversight of 

18 the planning and execution of the program required by 

19 subsection (a). 

20 (h) REQUIREMENTS FOR CONTRACTING FOR APPLI21 CATION-SPECIFIC INTEGRATED CIRCUITS.—The Secretary 

22 shall ensure that, for contracts for application-specific in23 tegrated circuits designed by defense industrial base con24 tractors— 
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1 (1) the use of evidence-based assurance proc2 esses and techniques are included in the contract 

3 data requirements list; 

4 (2) commercial best industry practices for con5 fidentiality, integrity, and availability are used; 

6 (3) a library of certified third-party intellectual 

7 property is established for reuse, including reuse of 

8 transistor layouts, cells, and macrocells; 

9 (4) legal mechanisms are in place for data col10 lection and sharing; and 

11 (5) automation technology is adopted to achieve 

12 efficiency. 

13 SEC. 217. CLARIFYING ROLE OF PARTNERSHIP INTER14 MEDIARIES TO PROMOTE DEFENSE RE15 SEARCH AND EDUCATION. 

16 Section 4124(f)(2) of title 10, United States Code, 

17 is amended— 

18 (1) by striking ‘‘that assists’’ and inserting the 

19 following: ‘‘that— 

20 ‘‘(A) assists’’; 

21 (2) in subparagraph (A), as designated by para22 graph (1), by striking the period at the end and in23 serting a semicolon; and 

24 (3) by adding at the end the following new sub25 paragraphs: 
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1 ‘‘(B) facilitates technology transfer from indus2 try or academic institutions to the Center; or 

3 ‘‘(C) assists and facilitates workforce develop4 ment in critical technology areas and technology 

5 transition to fulfill unmet needs of a Center.’’. 

6 SEC. 218. COMPETITION FOR TECHNOLOGY THAT DETECTS 

7 AND WATERMARKS THE USE OF GENERATIVE 

8 ARTIFICIAL INTELLIGENCE. 

9 (a) ESTABLISHMENT.— 

10 (1) IN GENERAL.—The Secretary of Defense 

11 shall establish and carry out a prize competition 

12 under section 4025 of title 10, United States Code, 

13 to evaluate technology, including applications, tools, 

14 and models, for the detection and watermarking of 

15 generative artificial intelligence (AI)— 

16 (A) to facilitate the research, development, 

17 testing, evaluation, and competition of secure 

18 generative artificial intelligence detection and 

19 watermark technologies that can support each 

20 Secretary of a military department and the 

21 commanders of combatant commands to sup22 port warfighting requirements; and 

23 (B) to transition such technologies, includ24 ing technologies developed from pilot programs, 

25 prototype projects, or other research and devel-
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1 opment programs, from the prototyping phase 

2 to production. 

3 (2) PARTICIPATION.—The participants in the 

4 competition carried out pursuant to paragraph (1) 

5 may include Federally-funded research and develop6 ment centers (FFRDCs), the private sector, the de7 fense industrial base, academia, government agen8 cies, and such other participants as the Secretary 

9 considers appropriate. 

10 (3) COMMENCEMENT.—The competition will 

11 begin within 270 days of passage of this Act. 

12 (4) DESIGNATION.—The competition estab13 lished and carried out pursuant to paragraph (1) 

14 shall be known as the ‘‘Generative AI Detection and 

15 Watermark Competition’’. 

16 (b) ADMINISTRATION.—The Under Secretary of De17 fense for Research and Engineering shall administer the 

18 competition required by subsection (a). 

19 (c) FRAMEWORK.—Not later than 120 days after the 

20 date of the enactment of this Act, the Secretary shall pro21 vide the congressional defense committees a briefing on 

22 the framework the Secretary will use to carry out the com23 petition required by subsection (a). 

24 (d) ANNUAL REPORTS.—Not later than October 1 of 

25 each year until the termination of the competition estab-
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1 lished and carried out under subsection (a), the Secretary 

2 shall submit to the congressional defense committees a re3 port on the results of the competition. 

4 (e) DEFINITIONS.—In this section: 

5 (1) The term ‘‘detection’’ means a technology 

6 that can positively identify the presence of genera7 tive artificial intelligence in digital content. 

8 (2) The term ‘‘watermarking’’ means embed9 ding a piece of data onto detected artificial intel10 ligence generated digital content, conveying attribu11 tion to the source generation. 

12 (f) TERMINATION.—The competition established and 

13 carried out pursuant to subsection (a) shall terminate on 

14 December 31, 2025. 

15 Subtitle C—Plans, Reports, and 

16 Other Matters 

17 SEC. 221. DEPARTMENT OF DEFENSE PRIZE COMPETITIONS 

18 FOR BUSINESS SYSTEMS MODERNIZATION. 

19 (a) IN GENERAL.—Not later than September 30, 

20 2028, the Secretary of Defense and the Secretaries of the 

21 military departments shall complete one or more prize 

22 competitions under section 4025 of title 10, United States 

23 Code, in order to support the business systems moderniza24 tion goals of the Department of Defense. 

25 (b) SCOPE.— 
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1 (1) IN GENERAL.—Each prize competition car2 ried out under subsection (a) shall be structured to 

3 complement, and to the degree practicable, accel4 erate delivery or expand functionality of business 

5 systems capabilities being pursued by the affected 

6 Secretary, either currently in operation, in develop7 ment, or for broad classes of systems covered by the 

8 business enterprise architecture required by section 

9 2222(e) of title 10, United States Code. 

10 (2) AREAS FOR CONSIDERATION.—In carrying 

11 out subsection (a), the Secretary of Defense and the 

12 Secretaries of the military departments shall each 

13 consider the following: 

14 (A) Integration of artificial intelligence or 

15 machine learning capabilities. 

16 (B) Data analytics or business intelligence, 

17 or related visualization capability. 

18 (C) Automated updating of business archi19 tectures, business systems integration, or docu20 mentation related to existing systems or manu21 als. 

22 (D) Improvements to interfaces or proc23 esses for interacting with other non-Department 

24 of Defense business systems. 
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1 (E) Updates or replacements for legacy 

2 business systems to improve operational effec3 tiveness and efficiency, such as the Mechaniza4 tion of Contract Administration Services 

5 (MOCAS). 

6 (F) Contract writing systems or expanded 

7 capability that could be integrated into existing 

8 systems. 

9 (G) Pay and personnel systems, or ex10 panded capability, that could be integrated into 

11 existing systems. 

12 (H) Other finance and accounting systems, 

13 or expanded capability, that could be integrated 

14 into existing systems. 

15 (I) Systems supporting industrial base and 

16 supply chain visibility, analytics, and manage17 ment. 

18 SEC. 222. UPDATE TO PLANS AND STRATEGIES FOR ARTIFI19 CIAL INTELLIGENCE. 

20 (a) IN GENERAL.—The Secretary of Defense shall, 

21 in consultation with the Deputy Secretary of Defense— 

22 (1) establish and document procedures, includ23 ing timelines, for the periodic review of the 2018 

24 Department of Defense Artificial Intelligence Strat25 egy, or any successor strategy, and associated an-
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1 nexes of the military departments to assess the im2 plementation of the strategy and whether any revi3 sion is necessary; 

4 (2) issue Department of Defense-wide guidance 

5 that defines outcomes of near-term and long-term 

6 strategies and plans relating to— 

7 (A) the adoption of artificial intelligence; 

8 (B) adoption and enforcement of policies 

9 on the ethical use of artificial intelligence sys10 tems; and 

11 (C) the identification and mitigation of 

12 bias in artificial intelligence algorithms; 

13 (3) issue Department-wide guidance regard14 ing— 

15 (A) methods to monitor accountability for 

16 artificial intelligence-related activity, including 

17 artificial intelligence performance indicators 

18 and metrics; 

19 (B) means to enforce and update ethics 

20 policy and guidelines across all adopted artifi21 cial intelligence systems; and 

22 (C) means to identify, monitor, and miti23 gate bias in artificial intelligence algorithms; 

24 (4) develop a strategic plan for the develop25 ment, use, and cybersecurity of generative artificial 
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1 intelligence, including a policy for use of, and de2 fense against adversarial use of, generative artificial 

3 intelligence; 

4 (5) assess technical workforce needs across the 

5 future years defense plan to support the continued 

6 development of artificial intelligence capabilities, in7 cluding recruitment and retention policies and pro8 grams; 

9 (6) assess the availability and adequacy of the 

10 basic artificial intelligence training and education 

11 curricula available to the broader Department civil12 ian workforce and military personnel to promote ar13 tificial intelligence literacy to the nontechnical work14 force and senior leadership with responsibilities adja15 cent to artificial intelligence technical development; 

16 (7) develop and issue a timeline and guidance 

17 for the Chief Digital and Artificial Intelligence Offi18 cer of the Department and the Secretaries of the 

19 military departments to establish a common termi20 nology for artificial intelligence-related activities; 

21 (8) develop and implement a plan to protect 

22 and secure the integrity, availability, and privacy of 

23 artificial intelligence systems and models, including 

24 large language models, data libraries, data reposi-
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1 tories, and algorithms, in training, development, and 

2 production environments; 

3 (9) develop and implement a plan— 

4 (A) to identify commercially available and 

5 relevant large language models; and 

6 (B) to make those available, as appro7 priate, on classified networks; 

8 (10) develop a plan to defend the people, orga9 nizations, and systems of the Department against 

10 adversarial artificial intelligence, including identifica11 tion of organizations within the Department that 

12 could provide red teams capabilities for operational 

13 and developmental needs; 

14 (11) develop and implement a policy for use by 

15 contracting officials to protect the intellectual prop16 erty of commercial entities that provide their artifi17 cial intelligence algorithms to a Department reposi18 tory established pursuant to section 232 of the Na19 tional Defense Authorization Act for Fiscal Year 

20 2022 (Public Law 117–81; 10 U.S.C. 4001 note), 

21 including policy for how to address data rights in 

22 situations in which government and commercial in23 tellectual property may be mixed when such artificial 

24 intelligence algorithms are deployed in an oper25 ational environment; 
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1 (12) issue guidance and directives for how the 

2 Chief Digital and Artificial Intelligence Officer of 

3 the Department will exercise authority to access, 

4 control, and maintain, on behalf of the Secretary, 

5 data collected, acquired, accessed, or utilized by De6 partment components consistent with section 1513 

7 of the James M. Inhofe National Defense Authoriza8 tion Act for Fiscal Year 2023 (Public Law 117–263; 

9 10 U.S.C. 4001 note); and 

10 (13) clarify guidance on the instances for and 

11 role of human intervention and oversight in the exer12 cise of artificial intelligence algorithms for use in the 

13 generation of offensive or lethal courses of action for 

14 tactical operations. 

15 (b) DUE DATE FOR PROCEDURES, GUIDANCE, 

16 PLANS, ASSESSMENT, AND TIMELINES.— 

17 (1) DUE DATE.—The Secretary shall develop 

18 the procedures, guidance, plans, assessment, and 

19 timelines required under subsection (a) not later 

20 than 120 days after the date of enactment of this 

21 Act. 

22 (2) BRIEFING.—Not later than 150 days after 

23 the date of the enactment of this Act, the Secretary 

24 shall provide to the congressional defense commit25 tees a briefing on the procedures, guidance, plans, 
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1 assessment, and timelines established, issued, car2 ried out, or developed under subsection (a). 

3 SEC. 223. WESTERN REGIONAL RANGE COMPLEX DEM4 ONSTRATION. 

5 (a) DEMONSTRATION REQUIRED.—The Secretary 

6 shall carry out a demonstration of a joint multi-domain 

7 nonkinetic testing and training environment across mili8 tary departments by interconnecting existing ranges and 

9 training sites in the western States to improve joint multi10 domain nonkinetic training and further testing, research, 

11 and development. 

12 (b) USE OF EXISTING RANGES AND CAPABILITIES.— 

13 The demonstration carried out pursuant to subsection (a) 

14 shall use existing ranges and range capability, unless ca15 pability gaps are identified in the process of planning spe16 cific demonstration activities. 

17 (c) ACTIVITIES.—The demonstration carried out pur18 suant to subsection (a) shall include the following: 

19 (1) Electromagnetic spectrum operations. 

20 (2) Electromagnetic warfare. 

21 (3) Operations in the information environment. 

22 (4) Joint All Domain Command and Control 

23 (JADC2). 

24 (5) Information warfare, including the fol25 lowing: 
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1 (A) Intelligence, surveillance, and recon2 naissance. 

3 (B) Offensive and defense cyber oper4 ations. 

5 (C) Electromagnetic warfare. 

6 (D) Space operations. 

7 (E) Psychological operations. 

8 (F) Public affairs. 

9 (G) Weather operations. 

10 (d) TIMELINE FOR COMPLETION OF INITIAL DEM11 ONSTRATION.—In carrying out subsection (a), the Sec12 retary shall seek to complete an initial demonstration, 

13 interconnecting two or more ranges or testing sites of two 

14 or more military departments in the western States, sub15 ject to availability of appropriations, not later than one 

16 year after the date of the enactment of this Act. 

17 (e) BRIEFING.—Not later than 180 days after the 

18 date of the enactment of this Act, the Secretary shall pro19 vide the congressional defense committees a briefing on— 

20 (1) a phased implementation plan and design to 

21 connect ranges and testing sites in the western 

22 States, including the initial demonstration required 

23 by subsection (d); 

24 (2) how the design architecture of the plan is 

25 in alignment with recommendations of the 2020 De-
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1 partment of Defense Electromagnetic Spectrum Su2 periority Strategy; and 

3 (3) how the design architecture will support 

4 high-periodicity training, testing, research, and de5 velopment. 

6 (f) DEFINITION.—In this section: 

7 (1) INFORMATION ENVIRONMENT.—The term 

8 ‘‘information environment’’ means the aggregate of 

9 individuals, organizations, and systems that collect, 

10 process, and disseminate, or act on information. 

11 (2) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Defense. 

13 (g) TERMINATION.—This section shall terminate on 

14 September 30, 2028. 

15 SEC. 224. REPORT ON FEASIBILITY AND ADVISABILITY OF 

16 ESTABLISHING A QUANTUM COMPUTING IN17 NOVATION CENTER. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of the enactment of this Act, the Secretary of Defense 

20 shall, in coordination with the Under Secretary of Defense 

21 for Research and Engineering and the Chief Digital and 

22 Artificial Intelligence Officer, submit to the congressional 

23 defense committees a report on the feasibility and advis24 ability of establishing a quantum computing innovation 

25 center within the Department of Defense— 
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1 (1) to identify and pursue the development of 

2 quantum computing applications to enhance military 

3 operations; 

4 (2) to harness the talent and skills of physicists 

5 and scientists within the Department to develop 

6 quantum computing applications; and 

7 (3) to coordinate and synchronize quantum 

8 computing research across the Department. 

9 (b) ELEMENTS.—The report required under sub10 section (a) shall include the following: 

11 (1) An assessment of the ongoing activities of 

12 the Department that are part of the National Quan13 tum Initiative. 

14 (2) An evaluation of the plans of the Depart15 ment to develop quantum computing, sensing, and 

16 networking applications. 

17 (3) The level of funding and resources invested 

18 by the Department to enable quantum military ap19 plications. 

20 (4) Any established metrics or performance in21 dicators to track the progress of quantum technology 

22 developments. 

23 (5) The extent to which the Department is 

24 partnering with commercial entities engaging in 

25 quantum research and development. 
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1 (6) An evaluation of any plans establishing how 

2 commercial advances in quantum technology can be 

3 leveraged for military operations. 

4 (7) An assessment of the maturity of United 

5 States competitor efforts to develop quantum appli6 cations for adversarial use. 

7 (8) An assessment of any processes to har8 monize or coordinate activities across the Depart9 ment to develop quantum computing applications. 

10 (9) An evaluation of any Department-issued 

11 policy guidance regarding quantum computing appli12 cations. 

13 (10) An evaluation of any Department plans to 

14 defend against adversarial use of quantum com15 puting applications. 

16 SEC. 225. BRIEFING ON THE IMPEDIMENTS TO THE TRANSI17 TION OF THE SEMANTIC FORENSICS PRO18 GRAM TO OPERATIONAL USE. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, the Under Secretary 

21 of Defense for Research and Engineering shall, in con22 sultation with the Office of General Counsel of the Depart23 ment of Defense and the Director of the Defense Ad24 vanced Research Projects Agency, provide to the Com25 mittee on Armed Services of the Senate and the Com-
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1 mittee on Armed Services of the House of Representatives 

2 a briefing on the impediments to the transition of the Se3 mantic Forensics program to operational use. 

4 (b) ELEMENTS.—The briefing provided pursuant to 

5 subsection (a) shall include the following: 

6 (1) Identification of policy and legal challenges 

7 associated with the transition described in subsection 

8 (a) and implementation of the Semantic Forensics 

9 program, including with respect to the use and oper10 ational testing of publicly available information. 

11 (2) Identification of other Federal agencies with 

12 legal authorities that may be able to resolve the 

13 challenges identified pursuant to paragraph (1). 

14 (3) Recommendations for legislative or adminis15 trative action to mitigate the challenges identified 

16 pursuant to paragraph (1). 

17 SEC. 226. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 

18 HYPERSONIC CAPABILITY FUNDING AND IN19 VESTMENT. 

20 (a) IN GENERAL.—Not later than March 1 of fiscal 

21 year 2024 and March 1 of each of fiscal year thereafter 

22 through 2030, the Secretary of Defense shall submit to 

23 the congressional defense committees an annual report on 

24 funding and investments of the Department of Defense 

25 relating to hypersonic capabilities, including with respect 
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1 to procurement, research, development, operations, and 

2 maintenance of offensive and defensive hypersonic weap3 ons. 

4 (b) REQUIREMENTS.—Each report submitted pursu5 ant to subsection (a) shall— 

6 (1) include cost data on the vehicles, testing, 

7 hypersonic sensors, command and control architec8 tures, infrastructure, testing infrastructure, soft9 ware, workforce, training, ranges, integration costs, 

10 and such other items as the Secretary considers ap11 propriate; 

12 (2) disaggregate information reported by offen13 sive and defensive hypersonic capabilities; 

14 (3) for research relating to hypersonic capabili15 ties, include the program element and the name of 

16 the entity that is conducting the research, a descrip17 tion of the purpose of the research, and any Uni18 form Resource Locators to weapon programs associ19 ated with the research; and 

20 (4) to the degree applicable, include all associ21 ated hypersonic program elements and line items. 

22 (c) FORM.—Each report submitted pursuant to sub23 section (a) shall be submitted in unclassified form, but 

24 may include a classified annex. 
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1 SEC. 227. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 TRAVEL FOR OFFICE OF UNDER SECRETARY 

3 OF DEFENSE FOR PERSONNEL AND READI4 NESS PENDING A PLAN FOR MODERNIZING 

5 DEFENSE TRAVEL SYSTEM. 

6 (a) LIMITATION.—Of the funds authorized to be ap7 propriated by this Act for fiscal year 2024 for travel for 

8 the office of the Under Secretary of Defense for Personnel 

9 and Readiness, not more than 85 percent may be obligated 

10 or expended until the Secretary of Defense submits to the 

11 Committee on Armed Services of the Senate and the Com12 mittee on Armed Services of the House of Representatives 

13 supporting justification material underpinning the deci14 sion to cease current modernization efforts for the Defense 

15 Travel System (DTS), and a plan going forward for mod16 ernizing or replacing such system 

17 (b) CONTENTS.—The justification material and plan 

18 described in subsection (a) shall include the following: 

19 (1) The documentation from the Milestone De20 cision Authority (MDA) justifying cancellation of the 

21 current modernization contract, including— 

22 (A) specific metrics used to make that de23 termination; 

24 (B) a timeline for decisions leading to the 

25 final cancellation; 
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1 (C) notification from the military depart2 ments when they were unable to make the de3 sired usage rates using the current moderniza4 tion prototype; 

5 (D) identification of system requirements 

6 for audit readiness, as well as interface needs 

7 for other enterprise resource planning systems, 

8 in the current modernization contract; and 

9 (E) alternatives considered prior to can10 cellation. 

11 (2) An assessment by the Cost Assessment of 

12 Program Evaluation office comparing— 

13 (A) costs of continuing with the current 

14 modernization prototype across the future years 

15 defense plan (FYDP); and 

16 (B) costs of sustainment of the Defense 

17 Travel System across the future years defense 

18 plan, factoring potential costs of restarting 

19 modernization efforts. 

20 (3) A description from the Milestone Decision 

21 Authority on what the current plan is for modern22 izing the Defense Travel System, including timelines 

23 and potential costs. 
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1 SEC. 228. ANNUAL REPORT ON UNFUNDED PRIORITIES FOR 

2 RESEARCH, DEVELOPMENT, TEST, AND EVAL3 UATION ACTIVITIES. 

4 (a) IN GENERAL.—Chapter 9 of title 10, United 

5 States Code, is amended by inserting after section 222d 

6 the following new section: 

7 ‘‘§ 222e. Unfunded priorities for research, develop8 ment, test, and evaluation activities 

9 ‘‘(a) ANNUAL REPORT.—Not later than 10 days after 

10 the date on which the budget of the President for a fiscal 

11 year is submitted to Congress pursuant to section 1105 

12 of title 31, the Secretary of Defense shall submit to the 

13 congressional defense committees a report on the un14 funded priorities of the Department of Defense-wide re15 search, development, test, and evaluation activities. 

16 ‘‘(b) CONTENTS.— 

17 ‘‘(1) IN GENERAL.—Except as provided in sub18 section (c), each report submitted under subsection 

19 (a) shall specify, for each unfunded priority covered 

20 by such report, the following: 

21 ‘‘(A) A summary description of such pri22 ority, including the objectives to be achieved if 

23 such priority is funded (whether in whole or in 

24 part). 
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1 ‘‘(B) The additional amount of funds rec2 ommended in connection with the objectives 

3 under subparagraph (A). 

4 ‘‘(C) Account information with respect to 

5 such priority, including the following (as appli6 cable): 

7 ‘‘(i) Line Item Number (LIN) for ap8 plicable procurement accounts. 

9 ‘‘(ii) Program Element (PE) number 

10 for applicable research, development, test, 

11 and evaluation accounts. 

12 ‘‘(2) PRIORITIZATION OF PRIORITIES.—The re13 port under subsection (a) shall present the unfunded 

14 priorities covered by such report in order of urgency 

15 of priority. 

16 ‘‘(c) EXCLUSION OF PRIORITIES COVERED IN OTHER

17 REPORTS.—The report submitted under subsection (a) 

18 shall not include unfunded priorities or requirements cov19 ered in reports submitted under— 

20 ‘‘(1) section 222a or 222b; or 

21 ‘‘(2) section 2806 of the National Defense Au22 thorization Act for Fiscal Year 2018 (Public Law 

23 115–91; 10 U.S.C. 222a note). 

24 ‘‘(d) FORM.—Each report submitted pursuant to sub25 section (a) shall be submitted in classified format, but the 
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1 Secretary may also submit an unclassified version as the 

2 Secretary considers appropriate. 

3 ‘‘(e) UNFUNDED PRIORITY DEFINED.—In this sec4 tion, the term ‘unfunded priority’, in the case of a fiscal 

5 year, means a program, activity, or mission requirement, 

6 that— 

7 ‘‘(1) is not funded in the budget of the Presi8 dent for the fiscal year as submitted to Congress 

9 pursuant to section 1105 of title 31; and 

10 ‘‘(2) would have been recommended for funding 

11 through that budget if— 

12 ‘‘(A) additional resources had been avail13 able for the budget to fund the program, activ14 ity, or mission requirement; or 

15 ‘‘(B) the program, activity, or mission re16 quirement has emerged since the budget was 

17 formulated.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 9 of such title is amended by 

20 inserting after the item relating to section 222d the fol21 lowing new item: 

‘‘222e. Annual report on unfunded priorities for research, development, test, and 

evaluation activities.’’. 
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1 SEC. 229. ESTABLISHMENT OF TECHNOLOGY TRANSITION 

2 PROGRAM FOR STRATEGIC NUCLEAR DETER3 RENCE. 

4 (a) IN GENERAL.—The Commander of Air Force 

5 Global Strike Command may, through the use of a part6 nership intermediary, establish a program— 

7 (1) to carry out technology transition, digital 

8 engineering projects, and other innovation activities 

9 supporting the Air Force nuclear enterprise; and 

10 (2) to discover capabilities that have the poten11 tial to generate life-cycle cost savings and provide 

12 data-driven approaches to resource allocation. 

13 (b) TERMINATION.—The program established under 

14 subsection (a) shall terminate on September 30, 2029. 

15 (c) PARTNERSHIP INTERMEDIARY DEFINED.—The 

16 term ‘‘partnership intermediary’’ has the meaning given 

17 the term in section 23(c) of the Stevenson-Wydler Tech18 nology Innovation Act of 1980 (15 U.S.C. 3715(c)). 

19 SEC. 230. REVIEW OF ARTIFICIAL INTELLIGENCE INVEST20 MENT. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary of Defense 

23 shall— 

24 (1) review the current investment into applica25 tions of artificial intelligence to the platforms, proc-
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1 esses, and operations of the Department of Defense; 

2 and 

3 (2) categorize the types of artificial intelligence 

4 investments by categories including but not limited 

5 to the following: 

6 (A) Automation. 

7 (B) Machine learning. 

8 (C) Autonomy. 

9 (D) Robotics. 

10 (E) Deep learning and neural network. 

11 (F) Natural language processing. 

12 (b) REPORT TO CONGRESS.—Not later than 120 days 

13 after the completion of the review and categorization re14 quired by subsection (a), the Secretary of Defense shall 

15 submit to the congressional defense committees a report 

16 on— 

17 (1) the findings of the Secretary with respect to 

18 the review and any action taken or proposed to be 

19 taken by the Secretary to address such findings; and 

20 (2) an evaluation of how the findings of the 

21 Secretary align with stated strategies of the Depart22 ment of Defense with regard to artificial intelligence 

23 and performance objectives established in the De24 partment of Defense Data, Analytics, and Artificial 

25 Intelligence Adoption Strategy. 
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1 TITLE III—OPERATION AND 

2 MAINTENANCE 

3 Subtitle A—Authorization of 

4 Appropriations 

5 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2024 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense for 

9 expenses, not otherwise provided for, for operation and 

10 maintenance, as specified in the funding table in section 

11 4301. 

12 Subtitle B—Energy and 

13 Environment 

14 SEC. 311. REQUIREMENT FOR APPROVAL BY UNDER SEC15 RETARY OF DEFENSE FOR ACQUISITION AND 

16 SUSTAINMENT OF ANY WAIVER FOR A SYS17 TEM THAT DOES NOT MEET FUEL EFFI18 CIENCY KEY PERFORMANCE PARAMETER. 

19 Section 332(b) of the Duncan Hunter National De20 fense Authorization Act for Fiscal Year 2009 (Public Law 

21 110–417; 10 U.S.C. 2911 note) is amended— 

22 (1) by striking ‘‘The Secretary of Defense’’ and 

23 inserting the following: 

24 ‘‘(1) IN GENERAL.—The Secretary of Defense’’; 

25 and 
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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) WAIVER OF FUEL EFFICIENCY KEY PER4 FORMANCE PARAMETER.— 

5 ‘‘(A) IN GENERAL.—The fuel efficiency key 

6 performance parameter implemented under 

7 paragraph (1) may be waived for a system only 

8 if such waiver is approved by the Under Sec9 retary of Defense for Acquisition and 

10 Sustainment. 

11 ‘‘(B) NONDELEGATION.—The waiver au12 thority under subparagraph (A) may not be del13 egated.’’. 

14 SEC. 312. IMPROVEMENT AND CODIFICATION OF SENTINEL 

15 LANDSCAPES PARTNERSHIP PROGRAM AU16 THORITY. 

17 (a) CODIFICATION OF EXISTING STATUTE.—Section 

18 317 of the National Defense Authorization Act for Fiscal 

19 Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note) 

20 is amended— 

21 (1) by transferring such section to appear after 

22 section 2692 of title 10, United States Code; 

23 (2) by redesignating such section as section 

24 2693; and 
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1 (3) by amending the section heading to read as 

2 follows: 

3 ‘‘§ 2693. Sentinel Landscapes Partnership’’. 

4 (b) IMPROVEMENTS TO SENTINEL LANDSCAPES

5 PARTNERSHIP PROGRAM.—Section 2693 of title 10, 

6 United States Code, as transferred and redesignated by 

7 subsection (a), is further amended— 

8 (1) in subsection (a), by striking ‘‘and the Sec9 retary of the Interior’’ and inserting ‘‘, the Secretary 

10 of the Interior, and the heads of other Federal de11 partments and agencies that elect to become full 

12 partners’’; 

13 (2) in subsection (b), by striking ‘‘and the Sec14 retary of the Interior, may, as the Secretaries’’ and 

15 inserting ‘‘the Secretary of the Interior, and the 

16 heads of other Federal departments and agencies 

17 that elect to become full partners may, as they’’; 

18 (3) by amending subsection (c) to read as fol19 lows: 

20 ‘‘(c) COORDINATION OF ACTIVITIES.—The Secre21 taries and the heads of Federal departments and agencies, 

22 in carrying out this section, may coordinate actions be23 tween their departments and agencies and with other Fed24 eral, State, interstate, and local agencies, Indian Tribes, 

25 and private entities to more efficiently work together for 
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1 the mutual benefit of conservation, resilience, working 

2 lands, and national defense, and to encourage owners and 

3 managers of land to engage in voluntary land manage4 ment, resilience, and conservation activities that con5 tribute to the sustainment of military installations, State6 owned National Guard installations, and associated air7 space.’’; 

8 (4) in subsection (d)— 

9 (A) by striking the first sentence and in10 serting ‘‘The Secretaries and the heads of Fed11 eral departments and agencies, in carrying out 

12 this section, may give to any eligible owner or 

13 manager of land within a designated sentinel 

14 landscape priority consideration for participa15 tion in any easement, grant, or assistance pro16 grams administered by that Secretary or 

17 head.’’; and 

18 (B) in the second sentence, by striking ‘‘el19 igible landowner or agricultural producer’’ and 

20 inserting ‘‘eligible owner or manager of land’’; 

21 and 

22 (5) by redesignating subsection (f) as sub23 section (g); 

24 (6) by inserting after subsection (e) the fol25 lowing new subsection (f): 
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1 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec2 tion may be construed to require an owner or manager 

3 of land, including a private landowner or agricultural pro4 ducer, to participate in any land management, resilience, 

5 or conservation activity under this section.’’; 

6 (7) in subsection (g), as redesigned by para7 graph (5)— 

8 (A) in paragraph (1), by striking ‘‘ section 

9 670(1) of title 16, United States Code’’ and in10 serting ‘‘ section 100(1) of the Sikes Act (16 

11 U.S.C. 670(1))’’; 

12 (B) in paragraph (2), by striking ‘‘section 

13 670(3) of title 16, United States Code’’ and in14 serting ‘‘section 100(3) of the Sikes Act (16 

15 U.S.C. 670(3))’’; and 

16 (C) in paragraph (3), by amending sub17 paragraph (B) to read as follows: 

18 ‘‘(B) the publicly and privately owned 

19 lands that serve to protect and support the 

20 rural economy, the natural environment, out21 door recreation, and the national defense mis22 sions of a military installation or State-owned 

23 National Guard installation.’’. 

24 (c) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 159 of title 10, United States 
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1 Code, is amended by inserting after the item relating to 

2 section 2692 the following new item: 

‘‘2693. Sentinel Landscapes Partnership.’’. 

3 SEC. 313. MODIFICATION OF DEFINITION OF SUSTAINABLE 

4 AVIATION FUEL FOR PURPOSE OF PILOT 

5 PROGRAM ON USE OF SUCH FUEL. 

6 Section 324(g) of the James M. Inhofe National De7 fense Authorization Act for Fiscal Year 2023 (Public Law 

8 117–263) is amended— 

9 (1) by striking paragraph (2); 

10 (2) by redesignating paragraph (1) as para11 graph (2); 

12 (3) by inserting before paragraph (2), as redes13 ignated by paragraph (2) of this section, the fol14 lowing new paragraph: 

15 ‘‘(1) The term ‘applicable material’ means— 

16 ‘‘(A) monoglycerides, diglycerides, and 

17 triglycerides; 

18 ‘‘(B) free fatty acids; or 

19 ‘‘(C) fatty acid esters.’’; and 

20 (4) by adding at the end the following new 

21 paragraphs: 

22 ‘‘(3) The term ‘biomass’ has the meaning given 

23 that term in section 45K(c)(3) of the Internal Rev24 enue Code of 1986. 
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1 ‘‘(4) The term ‘lifecycle greenhouse gas emis2 sions reduction percentage’ means, with respect to 

3 any sustainable aviation fuel, the percentage reduc4 tion in lifecycle greenhouse gas emissions achieved 

5 by such fuel as compared with petroleum-based avia6 tion fuel, as determined in accordance with— 

7 ‘‘(A) the most recent Carbon Offsetting 

8 and Reduction Scheme for International Avia9 tion that has been adopted, as of the date of 

10 the enactment of the National Defense Author11 ization Act for Fiscal Year 2024, by the Inter12 national Civil Aviation Organization with the 

13 agreement of the United States; or 

14 ‘‘(B) the most recent determinations, as of 

15 the date of the enactment of the National De16 fense Authorization Act for Fiscal Year 2024, 

17 under the Greenhouse gases, Regulated Emis18 sions, and Energy use in Transportation 

19 (GREET) model developed by Argonne Na20 tional Laboratory. 

21 ‘‘(5) The term ‘sustainable aviation fuel’ means 

22 liquid fuel, the portion of which is not kerosene, 

23 that— 

24 ‘‘(A) meets the requirements of— 
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1 ‘‘(i) ASTM International Standard 

2 D7566; or 

3 ‘‘(ii) the Fischer Tropsch provisions of 

4 ASTM International Standard D1655, 

5 Annex A1; 

6 ‘‘(B) is not derived from coprocessing an 

7 applicable material (or materials derived from 

8 an applicable material) with a feedstock that is 

9 not biomass; 

10 ‘‘(C) is not derived from palm fatty acid 

11 distillates or petroleum; and 

12 ‘‘(D) has been certified pursuant to a 

13 scheme or model under paragraph (4) as having 

14 a lifecycle greenhouse gas emissions reduction 

15 percentage of not less than 50 percent.’’. 

16 SEC. 314. PAYMENT TO ENVIRONMENTAL PROTECTION 

17 AGENCY OF STIPULATED PENALTIES IN CON18 NECTION WITH NAVAL AIR STATION 

19 MOFFETT FIELD, CALIFORNIA. 

20 (a) AUTHORITY TO TRANSFER FUNDS.— 

21 (1) TRANSFER AMOUNT.— 

22 (A) IN GENERAL.—The Secretary of the 

23 Navy may transfer an amount not to exceed 

24 $438,250 to the Hazardous Substance Super25 fund established under section 9507 of the In-
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1 ternal Revenue Code of 1986, in accordance 

2 with section 2703(f) of title 10, United States 

3 Code. 

4 (B) INAPPLICABILITY OF LIMITATION.— 

5 Any transfer under subparagraph (A) shall be 

6 made without regard to section 2215 of title 10, 

7 United States Code. 

8 (2) SOURCE OF FUNDS.—Any transfer under 

9 paragraph (1)(A) shall be made using funds author10 ized to be appropriated by this Act or otherwise 

11 made available for fiscal year 2024 for the Depart12 ment of Defense Base Closure Account established 

13 under section 2906(a) of the Defense Base Closure 

14 and Realignment Act of 1990 (Public Law 101–510; 

15 10 U.S.C. 2687 note). 

16 (b) PURPOSE OF TRANSFER.—Any transfer under 

17 subsection (a)(1)(A) shall be for the purpose of satisfying 

18 a stipulated penalty assessed by the Environmental Pro19 tection Agency on May 4, 2018, regarding former Naval 

20 Air Station, Moffett Field, California, under the Federal 

21 Facility Agreement for Naval Air Station, Moffett Field, 

22 which was entered into between the Navy and the Environ23 mental Protection Agency in 1990 pursuant to section 120 

24 of the Comprehensive Environmental Response, Com25 pensation, and Liability Act of 1980 (42 U.S.C. 9620). 
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1 (c) ACCEPTANCE OF PAYMENT.—If the Secretary of 

2 the Navy makes a transfer under subsection (a)(1)(A), the 

3 Administrator of the Environmental Protection Agency 

4 shall accept the amount transferred as payment in full of 

5 the penalty described in subsection (b). 

6 SEC. 315. TECHNICAL ASSISTANCE FOR COMMUNITIES AND 

7 INDIVIDUALS POTENTIALLY AFFECTED BY 

8 RELEASES AT CURRENT AND FORMER DE9 PARTMENT OF DEFENSE FACILITIES. 

10 (a) TECHNICAL ASSISTANCE FOR NAVIGATION OF

11 RESPONSE ACTIONS.— 

12 (1) IN GENERAL.—Beginning not later than 

13 180 days after the date of the enactment of this Act, 

14 and subject to such amounts as are provided in ap15 propriations Acts, the Secretary of Defense, acting 

16 through the Director of the Office of Local Defense 

17 Community Cooperation, shall furnish technical as18 sistance services described in paragraph (3) through 

19 the Technical Assistance for Public Participation 

20 (TAPP) Program of the Department of Defense to 

21 communities, or individuals who are members there22 of, that have been affected by a release of a pollut23 ant affirmatively determined to have originated from 

24 a facility under the jurisdiction of, or formerly used 

25 by or under the jurisdiction of, the Department. 
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1 (2) IMPLEMENTATION.—The Secretary, acting 

2 through the Director of the Office of Local Defense 

3 Community Cooperation, may furnish technical as4 sistance services pursuant to paragraph (1) through 

5 a Federal interagency agreement, a private service 

6 provider, or a cooperative agreement entered into 

7 with a nonprofit organization. 

8 (3) SERVICES PROVIDED.—The technical assist9 ance services described in this paragraph are serv10 ices to improve public participation in, or assist in 

11 the navigation of, environmental response efforts, in12 cluding— 

13 (A) the provision of advice and guidance to 

14 a community or individual specified in para15 graph (1) regarding additional technical assist16 ance with respect to which such community or 

17 individual may be eligible (including pursuant 

18 to subsection (b)); 

19 (B) the interpretation of site-related docu20 ments; 

21 (C) the interpretation of health-related in22 formation; 

23 (D) assistance with the preparation of pub24 lic comments; and 
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1 (E) the development of outreach materials 

2 to improve public participation. 

3 (b) GRANTS FOR TECHNICAL ASSISTANCE.— 

4 (1) AUTHORITY.—Beginning not later than 180 

5 days after the date of the enactment of this Act, and 

6 subject to such amounts as are provided in appro7 priations Acts, the Secretary of Defense, acting 

8 through the Director of the Office of Local Defense 

9 Community Cooperation, shall administer a grant 

10 program under which the Director may award a 

11 grant to a community, or individuals who are mem12 bers thereof, that have been affected by a release of 

13 a pollutant affirmatively determined to have origi14 nated from a facility under the jurisdiction of, or 

15 formerly used by or under the jurisdiction of, the 

16 Department of Defense. 

17 (2) USE OF AMOUNTS.—Funds provided under 

18 a grant awarded pursuant to paragraph (1) in con19 nection with a release of a pollutant at a facility 

20 may be used by the grant recipient only to obtain 

21 technical assistance and services for public participa22 tion in various stages of the processes of response, 

23 remediation, and removal actions at the facility, in24 cluding— 
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1 (A) interpreting the nature of the release, 

2 including monitoring and testing plans and re3 ports associated with site assessment and char4 acterization at the facility; 

5 (B) interpreting documents, plans, pro6 posed actions, and final decisions related to— 

7 (i) an interim remedial action; 

8 (ii) a remedial investigation or feasi9 bility study; 

10 (iii) a record of decision; 

11 (iv) a remedial design; 

12 (v) the selection and construction of 

13 remedial action; 

14 (vi) operation and maintenance; and 

15 (vii) a five-year review at the facility. 

16 (C) a removal action at such facility; and 

17 (D) services specified under subsection 

18 (a)(3). 

19 (c) PROHIBITION ON USE OF AMOUNTS.—None of 

20 the amounts made available under this section may be 

21 used for the purpose of conducting— 

22 (1) lobbying activities; or 

23 (2) legal challenges of final decisions of the De24 partment of Defense. 
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1 Subtitle C—Treatment of 

2 Perfluoroalkyl Substances and 

3 Polyfluoroalkyl Substances 

4 SEC. 321. TREATMENT OF CERTAIN MATERIALS CONTAMI5 NATED WITH PERFLUOROALKYL SUB6 STANCES OR POLYFLUOROALKYL SUB7 STANCES. 

8 (a) IN GENERAL.—The Secretary of Defense may 

9 treat covered materials, including soils that have been con10 taminated with PFAS, until the date on which the Sec11 retary adopts the final rule required under section 343(b) 

12 of the National Defense Authorization Act for Fiscal Year 

13 2022 (Public Law 117–81; 10 U.S.C. 2701 note) if the 

14 treatment of such materials occurs through the use of re15 mediation or disposal technology approved by the relevant 

16 Federal regulatory agency. 

17 (b) DEFINITIONS.—In this section, the terms ‘‘cov18 ered material’’ and ‘‘PFAS’’ have the meanings given 

19 those terms in section 343(e) of the National Defense Au20 thorization Act for Fiscal Year 2022 (Public Law 117– 

21 81; 10 U.S.C. 2701 note). 
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1 SEC. 322. INCREASE OF TRANSFER AUTHORITY FOR FUND2 ING OF STUDY AND ASSESSMENT ON HEALTH 

3 IMPLICATIONS OF PER- AND 

4 POLYFLUOROALKYL SUBSTANCES CONTAMI5 NATION IN DRINKING WATER BY AGENCY 

6 FOR TOXIC SUBSTANCES AND DISEASE REG7 ISTRY. 

8 Section 316(a)(2)(B) of the National Defense Au9 thorization Act for Fiscal Year 2018 (Public Law 115– 

10 91; 131 Stat. 1350), as amended by section 315(a) of the 

11 John S. McCain National Defense Authorization Act for 

12 Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1713), 

13 section 321 of the National Defense Authorization Act for 

14 Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), 

15 section 337 of the William M. (Mac) Thornberry National 

16 Defense Authorization Act for Fiscal Year 2021 (Public 

17 Law 116–283; 134 Stat. 3533), section 342 of the Na18 tional Defense Authorization Act for Fiscal Year 2022 

19 (Public Law 117–81; 135 Stat. 1643), and section 342 

20 of the James M. Inhofe National Defense Authorization 

21 Act for Fiscal Year 2023 (Public Law 117–263), is fur22 ther amended by adding at the end the following new 

23 clause: 

24 ‘‘(iv) Without regard to section 2215 of 

25 title 10, United States Code, the Secretary of 

26 Defense may transfer not more than 
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1 $5,000,000 during fiscal year 2024 to the Sec2 retary of Health and Human Services to pay 

3 for the study and assessment required by this 

4 section.’’. 

5 SEC. 323. MODIFICATION OF AUTHORITY FOR ENVIRON6 MENTAL RESTORATION PROJECTS AT NA7 TIONAL GUARD FACILITIES. 

8 (a) CLARIFICATION OF DEFINITION OF NATIONAL

9 GUARD FACILITIES.—Paragraph (4) of section 2700 of 

10 title 10, United States Code, is amended— 

11 (1) by striking ‘‘State-owned’’; 

12 (2) by striking ‘‘owned and operated by a State 

13 when such land is’’; and 

14 (3) by striking ‘‘even though such land is not 

15 under the jurisdiction of the Department of De16 fense.’’ and inserting ‘‘without regard to—’’ 

17 ‘‘(A) the owner or operator of the facility; 

18 or 

19 ‘‘(B) whether the facility is under the ju20 risdiction of the Department of Defense or a 

21 military department.’’. 

22 (b) INCLUSION UNDER DEFENSE ENVIRONMENTAL

23 RESTORATION PROGRAM.—Section 2701(a)(1) of such 

24 title is amended by striking ‘‘State-owned’’. 
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1 (c) RESPONSE ACTIONS AT NATIONAL GUARD FA2 CILITIES.—Section 2701(c)(1)(D) of such title is amended 

3 by striking ‘‘State-owned’’. 

4 (d) SERVICES OF OTHER ENTITIES.—Section 

5 2701(d)(1) of such title is amended, in the second sen6 tence, by inserting ‘‘or at a National Guard facility’’ be7 fore the period at the end. 

8 (e) ENVIRONMENTAL RESTORATION ACCOUNTS.— 

9 Section 2703(g)(1) of such title is amended by inserting 

10 ‘‘, a National Guard facility,’’ after ‘‘Department of De11 fense’’. 

12 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) REPEAL.—Section 2707 of such title is 

14 amended by striking subsection (e). 

15 (2) REFERENCE UPDATE.—Section 345(f)(1) of 

16 the National Defense Authorization Act for Fiscal 

17 Year 2022 (Public Law 117–81; 10 U.S.C. 2715 

18 note) is amended by striking ‘‘facility where military 

19 activities are conducted by the National Guard of a 

20 State pursuant to section 2707(e) of title 10, United 

21 States Code’’ and inserting ‘‘National Guard facility, 

22 as such term is defined in section 2700 of title 10, 

23 United States Code’’. 
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1 SEC. 324. LIMITATION ON AVAILABILITY OF TRAVEL FUNDS 

2 UNTIL SUBMITTAL OF PLAN FOR RESTORING 

3 DATA SHARING ON TESTING OF WATER FOR 

4 PERFLUOROALKYL OR POLYFLUOROALKYL 

5 SUBSTANCES. 

6 (a) IN GENERAL.—Of the funds authorized to be ap7 propriated by this Act for operation and maintenance, de8 fense-wide, for travel for the Office of the Under Secretary 

9 of Defense for Acquisition and Sustainment, not more 

10 than 85 percent may be obligated or expended until the 

11 Under Secretary of Defense for Acquisition and 

12 Sustainment submits to the congressional defense commit13 tees a plan to restore data sharing pertaining to the test14 ing of water for perfluoroalkyl or polyfluoroalkyl sub15 stances, as required under section 345 of the National De16 fense Authorization Act for Fiscal Year 2022 (Public Law 

17 117–81; 10 U.S.C. 2715 note), which shall include the fol18 lowing: 

19 (1) A plan to restore data sharing with each 

20 relevant State agency tasked with regulation of envi21 ronmental contamination by perfluoroalkyl or 

22 polyfluoroalkyl substances in each State or territory 

23 of the United States. 

24 (2) A plan to restore data sharing with restora25 tion advisory boards established under section 

26 2705(d) of title 10, United States Code. 
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1 (3) Information on the geographic specificity of 

2 the data to be provided under paragraphs (1) and 

3 (2) and a timeline for the implementation of the 

4 plans under such paragraphs. 

5 (b) INABILITY TO MEET TRANSPARENCY REQUIRE6 MENTS.—If the Under Secretary of Defense for Acquisi7 tion and Sustainment determines that they are unable to 

8 meet the requirements under subsection (a), the Under 

9 Secretary shall brief the congressional defense committees 

10 on the rationale for why the restoration of data sharing 

11 required under such subsection is not possible, including 

12 a description of any legislative action required to restore 

13 such data sharing. 

14 SEC. 325. DASHBOARD OF FUNDING RELATING TO 

15 PERFLUOROALKYL SUBSTANCES AND 

16 POLYFLUOROALKYL SUBSTANCES. 

17 The Secretary of Defense shall include with the sub18 mission to Congress by the President of the annual budget 

19 of the Department of Defense for a fiscal year under sec20 tion 1105(a) of title 31, United States Code, a separate 

21 budget justification document that consolidates all infor22 mation pertaining to activities of the Department of De23 fense relating to perfluoroalkyl substances and 

24 polyfluoroalkyl substances, including funding for and de25 scriptions of— 
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1 (1) research and development efforts; 

2 (2) testing; 

3 (3) remediation; 

4 (4) contaminant disposal; and 

5 (5) community outreach. 

6 SEC. 326. REPORT ON SCHEDULE AND COST ESTIMATES 

7 FOR COMPLETION OF TESTING AND REMEDI8 ATION OF CONTAMINATED SITES AND PUBLI9 CATION OF CLEANUP INFORMATION. 

10 (a) REPORT.— 

11 (1) IN GENERAL.—Not later than 270 days 

12 after the date of the enactment of this Act, and once 

13 every two years thereafter through December 31, 

14 2029, the Secretary of Defense shall submit to the 

15 Committees on Armed Services of the Senate and 

16 the House of Representatives a report detailing— 

17 (A) a proposed schedule for the completion 

18 of testing and remediation activities, including 

19 remediation of perfluoroalkyl substances and 

20 polyfluoroalkyl substances, at military installa21 tions, facilities of the National Guard, and for22 merly used defense sites in the United States 

23 where the Secretary obligated funding for envi24 ronmental restoration activities in fiscal year 

25 2022; 
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1 (B) detailed cost estimates to complete 

2 such activities, if such estimates are available; 

3 and 

4 (C) if such estimates are not available, es5 timated costs to complete such activities based 

6 on historical costs of remediation for— 

7 (i) sites remediated under the Defense 

8 Environmental Restoration Program under 

9 section 2701 of title 10, United States 

10 Code; 

11 (ii) other Federally-funded sites; or 

12 (iii) privately-funded sites. 

13 (2) INCLUSION OF REMEDIAL INVESTIGATIONS

14 AND FEASIBILITY STUDIES.—The schedule and cost 

15 estimates required under paragraph (1) shall include 

16 a schedule and estimated costs for the completion of 

17 remedial investigations and feasibility studies at all 

18 sites covered under such paragraph for which such 

19 investigations and studies are anticipated or 

20 planned. 

21 (3) MILITARY INSTALLATION DEFINED.—In 

22 this subsection, the term ‘‘military installation’’ has 

23 the meaning given such term in section 2801(c)(4) 

24 of title 10, United States Code. 
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1 (b) PUBLICATION OF INFORMATION.—Beginning not 

2 later than one year after the date of the enactment of this 

3 Act, the Secretary of Defense shall publish on the publicly 

4 available website established under section 331(b) of the 

5 National Defense Authorization Act for Fiscal Year 2020 

6 (Public Law 116–92; 10 U.S.C. 2701 note) timely and 

7 regularly updated information on the status of cleanup at 

8 sites for which the Secretary has obligated amounts for 

9 environmental restoration activities. 

10 SEC. 327. MODIFICATION OF TIMING OF REPORT ON AC11 TIVITIES OF PFAS TASK FORCE. 

12 Section 2714(f) of title 10, United States Code, is 

13 amended by striking ‘‘and quarterly thereafter,’’ and in14 serting ‘‘and annually thereafter through 2029,’’. 

15 SEC. 328. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 

16 ON TESTING AND REMEDIATION OF 

17 PERFLUOROALKYL SUBSTANCES AND 

18 POLYFLUOROALKYL SUBSTANCES. 

19 Not later than one year after the date of the enact20 ment of this Act, and not later than five years thereafter, 

21 the Comptroller General of the United States shall submit 

22 to the congressional defense committees a report assessing 

23 the state of ongoing testing and remediation by the De24 partment of Defense of current or former military installa-
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1 tions contaminated with perfluoroalkyl substances or 

2 polyfluoroalkyl substances, including— 

3 (1) assessments of the thoroughness, pace, and 

4 cost-effectiveness of efforts of the Department to 

5 conduct testing and remediation relating to those 

6 substances; 

7 (2) recommendations to improve those efforts; 

8 and 

9 (3) such other matters as the Comptroller Gen10 eral determines appropriate. 

11 Subtitle D—Logistics and 

12 Sustainment 

13 SEC. 331. ASSURING CRITICAL INFRASTRUCTURE SUPPORT 

14 FOR MILITARY CONTINGENCIES PILOT PRO15 GRAM. 

16 (a) ESTABLISHMENT OF PILOT PROGRAM.—Not 

17 later than 60 days after the date of the enactment of this 

18 Act, the Secretary of Defense shall establish a pilot pro19 gram to be known as the ‘‘Assuring Critical Infrastructure 

20 Support for Military Contingencies Pilot Program’’. 

21 (b) SELECTION OF INSTALLATIONS.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of the enactment of this Act, the Secretary 

24 of Defense, acting through the Assistant Secretary 

25 of Defense for Homeland Defense and Hemispheric 
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1 Affairs, shall select not fewer than four geographi2 cally diverse military installations at which to carry 

3 out the pilot program under subsection (a). 

4 (2) PRIORITIZATION.— 

5 (A) IN GENERAL.—In selecting military in6 stallations under paragraph (1), the Secretary 

7 of Defense shall give priority to any military in8 stallation that is a key component of not fewer 

9 than two Contingency Plans (CONPLANs) or 

10 Operational Plans (OPLANs), with priority 

11 given to such plans in the area of responsibility 

12 of the United States Indo-Pacific Command or 

13 the United States European Command. 

14 (B) ADDITIONAL PRIORITY.—If two or 

15 more military installations are given equal pri16 ority under subparagraph (A), priority for selec17 tion under paragraph (1) shall be given to the 

18 military installations that are— 

19 (i) connected to national-level infra20 structure; 

21 (ii) located near a commercial port; or 

22 (iii) located near a national financial 

23 hub. 

24 (c) ACTIVITIES.—In carrying out the pilot program 

25 under subsection (a), the Secretary of Defense, acting 
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1 through the Assistant Secretary of Defense for Homeland 

2 Defense and Hemispheric Affairs, shall— 

3 (1) without duplicating or disrupting existing 

4 cyber exercise activities under the National Cyber 

5 Exercise Program under section 2220B of the 

6 Homeland Security Act of 2002 (6 U.S.C. 665h), 

7 conduct cyber resiliency and reconstitution stress 

8 test scenarios through tabletop exercises and, if pos9 sible, live exercises— 

10 (A) to assess how to prioritize restoration 

11 of power, water, and telecommunications for a 

12 military installation in the event of a significant 

13 cyberattack on regional critical infrastructure 

14 that has similar impacts on State and local in15 frastructure; and 

16 (B) to determine the recovery process 

17 needed to ensure the military installation can 

18 function and support an overseas contingency 

19 operation or a homeland defense mission, as ap20 propriate; 

21 (2) map dependencies of power, water, and tele22 communications at the military installation and the 

23 connections to distribution and generation outside 

24 the military installation; 
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1 (3) recommend priorities for the order of recov2 ery for the military installation in the event of a sig3 nificant cyberattack, considering both the require4 ments needed for operations of the military installa5 tion and the potential participation of personnel at 

6 the military installation in an overseas contingency 

7 operation or a homeland defense mission; and 

8 (4) create a lessons-learned database from the 

9 exercises conducted under paragraph (1) across all 

10 installations participating in the pilot program to 

11 share with the appropriate committees of Congress. 

12 (d) COORDINATION WITH RELATED PROGRAMS.— 

13 The Secretary of Defense, acting through the Assistant 

14 Secretary of Defense for Homeland Defense and Hemi15 spheric Affairs, shall ensure that activities under sub16 section (c) are coordinated with— 

17 (1) private entities that operate power, water, 

18 and telecommunications for a military installation 

19 participating in the pilot program under subsection 

20 (a); 

21 (2) relevant military and civilian personnel; and 

22 (3) any other entity that the Assistant Sec23 retary of Defense for Homeland Defense and Hemi24 spheric Affairs determines is relevant to the execu25 tion of activities under subsection (c). 
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1 (e) REPORT.—Not later than one year after the date 

2 of the enactment of this Act, the Secretary of Defense 

3 shall submit to the Assistant to the President for Home4 land Security, the National Cyber Director, the head of 

5 any other relevant Sector Risk Management Agency, the 

6 Committees on Armed Services of the Senate and the 

7 House of Representatives, and, if appropriate, relevant 

8 private sector owners and operators of critical infrastruc9 ture a report on the activities carried out under pilot pro10 gram under subsection (a), including a description of any 

11 operational challenges identified. 

12 (f) DEFINITIONS.—In this section: 

13 (1) CRITICAL INFRASTRUCTURE.—The term 

14 ‘‘critical infrastructure’’ has the meaning given that 

15 term in the Critical Infrastructures Protection Act 

16 of 2001 (42 U.S.C. 5195c). 

17 (2) SECTOR RISK MANAGEMENT AGENCY.—The 

18 term ‘‘Sector Risk Management Agency’’ has the 

19 meaning given that term in section 2200 of the 

20 Homeland Security Act of 2002 (6 U.S.C. 650). 

21 SEC. 332. STRATEGY AND ASSESSMENT ON USE OF AUTO22 MATION AND ARTIFICIAL INTELLIGENCE FOR 

23 SHIPYARD OPTIMIZATION. 

24 (a) STRATEGY.—The Secretary of Navy, in coordina25 tion with the Shipyard Infrastructure Optimization Pro-
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1 gram, shall develop and implement a strategy to leverage 

2 commercial best practices used in shipyards to make oper3 ations more efficient and demonstrate a digital mainte4 nance artificial intelligence platform that analyzes data on 

5 the maintenance and health of shipboard assets of the 

6 Navy at shipyards, which shall improve readiness of the 

7 Armed Forces, predict and diagnose issues before they 

8 occur, and lower maintenance costs. 

9 (b) ASSESSMENT.—The Secretary of Navy shall as10 sess the costs of maintenance delays on shipboard assets 

11 of the Navy and assess the potential cost savings of adopt12 ing artificial intelligence predictive maintenance tech13 nology techniques that help determine the condition of in14 service equipment to estimate when maintenance should 

15 be performed rather than waiting until failure or end of 

16 life, including— 

17 (1) an analysis of maintenance delays and costs 

18 due to unplanned and unpredicted maintenance 

19 issues; 

20 (2) an evaluation of opportunities to dem21 onstrate commercial best practices at shipyards, in22 cluding artificial intelligence technologies to ensure 

23 timely predictions for maintainers and planners at 

24 shipyards by connecting datasets, executing models, 

25 and providing outputs in near real-time; 
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1 (3) an identification of shipyard assets of the 

2 Navy with sufficient data available to enable near3 term demonstrations of artificial intelligence pre4 dictive maintenance and an estimate of resources 

5 needed within the Navy to accelerate the demonstra6 tion of predictive artificial intelligence capabilities 

7 with respect to those assets; and 

8 (4) an identification of any policy or technical 

9 challenges to implementing artificial intelligence or 

10 machine learning for purposes of carrying out the 

11 Shipyard Infrastructure Optimization Program. 

12 (c) BRIEFING TO COMMITTEE.—Not later than 180 

13 days after the date of the enactment of this Act, the Sec14 retary of Navy shall provide to the congressional defense 

15 committees a briefing on— 

16 (1) the strategy developed by the Secretary 

17 under subsection (a); 

18 (2) the results of the assessment under sub19 section (b); and 

20 (3) a plan to execute any measures pursuant to 

21 such assessment. 
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1 Subtitle E—Briefings and Reports 

2 SEC. 341. CRITICAL INFRASTRUCTURE CONDITIONS AT 

3 MILITARY INSTALLATIONS. 

4 (a) PLAN.—Not later than one year after the date 

5 of the enactment of this Act, the Secretary of Defense, 

6 in coordination with the head of each military department, 

7 shall submit to the Committees on Armed Services of the 

8 Senate and the House of Representatives a plan to imple9 ment a standardized system to measure and report on the 

10 condition and performance of, level of investment in, and 

11 any applicable risks to critical infrastructure systems 

12 owned by the Federal Government that— 

13 (1) have not been privatized pursuant to a con14 veyance under section 2688 of title 10, United 

15 States Code; and 

16 (2) are located on a military installation. 

17 (b) REPORT.— 

18 (1) IN GENERAL.—Beginning on February 1 of 

19 the year immediately following the date on which the 

20 plan under subsection (a) is submitted, and annually 

21 thereafter, the Secretary of Defense, in coordination 

22 with the head of each military department, shall 

23 submit to the Committees on Armed Services of the 

24 Senate and the House of Representatives a consoli25 dated report on the condition of critical infrastruc-
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1 ture systems owned by the Federal Government at 

2 military installations. 

3 (2) ELEMENTS.—Each report required by para4 graph (1) shall include the following: 

5 (A) Installation-level critical infrastructure 

6 system data for each critical infrastructure sys7 tem owned by the Federal Government located 

8 at a military installation that includes the fol9 lowing for each such system: 

10 (i) All instances of noncompliance 

11 with any applicable Federal or State law 

12 (including regulations) with which the sys13 tem has been required to comply during 

14 the preceding five-year period, including 

15 information on any prior or current con16 sent order or equivalent compliance agree17 ment with any regulatory agency. 

18 (ii) The year of original installation of 

19 major critical infrastructure system compo20 nents, including treatment facilities, pump 

21 stations, and storage tanks. 

22 (iii) The average age of distribution 

23 system piping and wiring. 

24 (iv) The rate of system recapitaliza25 tion, represented as an annual percentage 
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1 replacement rate of all critical infrastruc2 ture system assets. 

3 (v) The percentage of key system 

4 operational components inspected, and de5 termined through actual testing to be fully 

6 operational, during the preceding one-year 

7 period, including fire hydrants, valves, and 

8 backflow preventors. 

9 (vi) The absolute number, and a nor10 malized measure for comparative purposes, 

11 of all unplanned system outages during the 

12 preceding one-year period. 

13 (vii) The absolute duration, and a 

14 normalized measure for comparative pur15 poses, of all unplanned system outages 

16 during the preceding one-year period. 

17 (viii) The absolute number, and a nor18 malized measure for comparative purposes, 

19 of all critical infrastructure system main 

20 breaks and leaks during the preceding one21 year period. 

22 (B) A standardized risk assessment for 

23 each military installation, identifying the cur24 rent and projected level of risk related to the 

25 following: 
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1 (i) The ability to maintain compliance 

2 with all current and known future regu3 latory agency regulations and standards 

4 and all applicable regulations and policies 

5 of the Department of Defense and the 

6 military departments related to critical in7 frastructure, and the ability to operate sys8 tems in accordance with accepted industry 

9 standards. 

10 (ii) The ability to maintain a con11 sistent and compliant supply of water for 

12 current and projected future installation 

13 needs based on current and projected 

14 source water availability and quality, in15 cluding an assessment of source water con16 tamination risks. 

17 (iii) The ability to withstand severe 

18 weather events, including drought, flood19 ing, and temperature fluctuations. 

20 (iv) The ability for utility industrial 

21 controls systems to maintain compliance 

22 with current and future cybersecurity 

23 standards and regulations. 
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1 SEC. 342. REPORT ON ESTABLISHING SUFFICIENT STA2 BLING, PASTURE, AND TRAINING AREA FOR 

3 THE OLD GUARD CAISSON PLATOON 

4 EQUINES. 

5 (a) IN GENERAL.—Not later than March 1, 2024, the 

6 Secretary of the Army shall submit to the congressional 

7 defense committees a report containing the results of a 

8 study to address the feasibility and advisability of estab9 lishing sufficient stabling, pasture, and training area for 

10 the equines in the Caisson Platoon of the 3rd United 

11 States Infantry (commonly known as the ‘‘Old Guard’’). 

12 (b) INCLUSION OF RECOMMENDATIONS.—The report 

13 required under subsection (a) shall include— 

14 (1) any recommendations determined necessary 

15 and appropriate by the Secretary— 

16 (A) to implement the plan required under 

17 section 391(b) of the James M. Inhofe National 

18 Defense Authorization Act for Fiscal Year 2023 

19 (Public Law 117–263; 136 Stat. 2549); and 

20 (B) to ensure proper animal facility sanita21 tion for the equines in the Caisson Platoon of 

22 the 3rd United States Infantry; and 

23 (2) plans for the housing and care of such 

24 equines. 

25 (c) LOCATIONS.— 
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1 (1) REVIEW OF MILITARY CONSTRUCTION AU2 THORIZATION.—The report required under sub3 section (a) shall include a review of all physical loca4 tions under consideration as stabling, pasture, or 

5 training area described in such subsection for any 

6 withdrawals or projects that would require individual 

7 military construction authorization. 

8 (2) CONSIDERATION.—In considering locations 

9 for stabling, pasture, or training area under sub10 section (a), the Secretary of the Army shall consider 

11 all viable options within a reasonable distance to Ar12 lington National Cemetery. 

13 (d) ELEMENTS.—The report required under sub14 section (a) shall include, for each location under consider15 ation as stabling, pasture, or training area described in 

16 such subsection— 

17 (1) a brief environmental assessment of the lo18 cation; 

19 (2) estimated costs for preparing the location 

20 for construction; 

21 (3) a narrative of how the location will be bene22 ficial and conducive the health of the equines in the 

23 Caisson Platoon of the 3rd United States Infantry; 

24 (4) a narrative of how, if necessary, the location 

25 can be expanded; and 
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1 (5) a narrative of how the location will affect 

2 community access to outdoor recreation. 

3 SEC. 343. QUARTERLY BRIEFINGS ON OPERATIONAL STA4 TUS OF AMPHIBIOUS WARSHIP FLEET OF DE5 PARTMENT OF THE NAVY. 

6 (a) IN GENERAL.—Not later than October 1, 2023, 

7 and quarterly thereafter until September 30, 2024, the 

8 Secretary of the Navy shall provide to the Committees on 

9 Armed Services of the Senate and the House of Represent10 atives a briefing on the operational status of the amphib11 ious warship fleet of the Department of the Navy. 

12 (b) ELEMENTS.—Each briefing under subsection (a) 

13 shall include, with respect to each amphibious warship, the 

14 following: 

15 (1) Average quarterly Operational Availability 

16 (AO). 

17 (2) Number of days underway as follows: 

18 (A) Training for the purpose of supporting 

19 Mission Essential Tasks (in this section re20 ferred to as ‘‘MET’’) of the Marine Corps, in21 cluding unit level well-deck or flight-deck oper22 ations training and Amphibious Ready Group 

23 and Marine Expeditionary Unit integrated 

24 training. 
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1 (B) Deployed, which shall not include 

2 scheduled or unscheduled in port maintenance. 

3 (3) Expected completion date for in-work and 

4 scheduled and unscheduled maintenance. 

5 (4) An update on any delays in completion of 

6 scheduled and unscheduled maintenance and cas7 ualty reports impacting the following: 

8 (A) Scheduled unit level well-deck and 

9 flight-deck operations training of the Marine 

10 Corps. 

11 (B) MET certifications of the Marine 

12 Corps, including mobility, communications, am13 phibious well-deck operations, aviation oper14 ations, and warfare training. 

15 (C) Composition and deployment dates of 

16 scheduled and deployed Amphibious Ready 

17 Groups and Marine Expeditionary Units. 

18 (c) DEFINITIONS.—In this section: 

19 (1) AMPHIBIOUS WARSHIP.—The term ‘‘am20 phibious warship’’ means a ship that is classified as 

21 an amphibious assault ship (general purpose) 

22 (LHA), an amphibious assault ship (multi-purpose) 

23 (LHD), an amphibious transport dock (LPD), or a 

24 dock landing ship (LSD) that is included in the Bat25 tle Force Inventory in accordance with instruction 
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1 5030.8D of the Secretary of the Navy, or successor 

2 instruction. 

3 (2) AMPHIBIOUS READY GROUP; MARINE EXPE4 DITIONARY UNIT.—The terms ‘‘Amphibious Ready 

5 Group’’ and ‘‘Marine Expeditionary Unit’’ means a 

6 group or unit, as the case may be, that consists of 

7 a minimum of— 

8 (A) three amphibious assault ships (gen9 eral purpose) (LHA) or amphibious assault 

10 ships (multi-purpose) (LHD); and 

11 (B) one amphibious transport dock (LPD) 

12 Flight I. 

13 SEC. 344. BRIEFING ON PLAN FOR MAINTAINING PRO14 FICIENCY IN EMERGENCY MOVEMENT OF MU15 NITIONS IN JOINT REGION MARIANAS, GUAM. 

16 Not later than 90 days after the date of the enact17 ment of this Act, the Secretary of the Navy and the Sec18 retary of the Air Force shall brief the congressional de19 fense committees on a plan for maintaining the proficiency 

20 of the Navy and the Air Force, respectively, in executing 

21 the emergency movement of munitions stored in weapons 

22 storage areas in Joint Region Marianas, Guam, onto air23 craft and naval vessels, including plans to regularly exer24 cise such capabilities. 
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1 Subtitle F—Other Matters 

2 SEC. 351. CONTINUED DESIGNATION OF SECRETARY OF 

3 THE NAVY AS EXECUTIVE AGENT FOR NAVAL 

4 SMALL CRAFT INSTRUCTION AND TECHNICAL 

5 TRAINING SCHOOL. 

6 The Secretary of the Navy shall continue, through 

7 fiscal year 2024— 

8 (1) to perform the responsibilities of the De9 partment of Defense executive agent for the Naval 

10 Small Craft Instruction and Technical Training 

11 School pursuant to section 352(b) of title 10, United 

12 States Code; and 

13 (2) in coordination with the Commander of the 

14 United States Special Operations Command, to pro15 vide such support, as necessary, for the continued 

16 operation of such school. 

17 SEC. 352. RESTRICTION ON RETIREMENT OF U–28 AIR18 CRAFT. 

19 None of the funds authorized to be appropriated by 

20 this Act may be used to retire U–28 aircraft until the Sec21 retary of Defense certifies to the congressional defense 

22 committees that the future-years defense program sub23 mitted to Congress under section 221 of title 10, United 

24 States Code, with respect to the United States Special Op25 erations Command provides for intelligence, surveillance, 
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1 and reconnaissance capacity and capability that is equal 

2 to or greater than such capacity and capability provided 

3 by the current fleet of U–28 aircraft for such Command. 

4 SEC. 353. TRIBAL LIAISONS. 

5 (a) IN GENERAL.—The Secretary of Defense shall 

6 ensure that each installation of the Department of De7 fense that has an Indian Tribe, Native Hawaiian organiza8 tion, or Tribal interests in the area surrounding the instal9 lation, including if an Indian Tribe or Native Hawaiian 

10 organization is historically or culturally affiliated with the 

11 land or water managed or directly impacted by the instal12 lation, has a dedicated Tribal liaison located at the instal13 lation. 

14 (b) DEFINITIONS.—In this section: 

15 (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

16 has the meaning given that term in section 4(e) of 

17 the Indian Self-Determination and Education Assist18 ance Act (25 U.S.C. 5304(e)). 

19 (2) NATIVE HAWAIIAN ORGANIZATION.—The 

20 term ‘‘Native Hawaiian organization’’ has the mean21 ing given that term in section 6207 of the Elemen22 tary and Secondary Education Act of 1965 (20 

23 U.S.C. 7517). 
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1 SEC. 354. LIMITATION ON USE OF FUNDS TO EXPAND 

2 LEASED FACILITIES FOR THE JOINT MILI3 TARY INFORMATION SUPPORT OPERATIONS 

4 WEB OPERATIONS CENTER. 

5 None of the amounts authorized by this Act for oper6 ation and maintenance, Defense-wide to expand leased fa7 cilities for the Joint Military Information Support Oper8 ations Web Operations Center may be obligated or ex9 pended until the Secretary of Defense, acting through the 

10 Assistant Secretary of Defense for Special Operations and 

11 Low-Intensity Conflict and the Commander of the United 

12 States Special Operations Command, submits to the con13 gressional defense committees a validated manpower study 

14 for such center that includes the following: 

15 (1) Validated estimates of the number of per16 sonnel from the United States Special Operations 

17 Command and the other combatant commands that 

18 will be housed in leased facilities of such center. 

19 (2) An explanation of how such estimates are 

20 aligned with and support the priorities established 

21 by the national defense strategy under 113(g) of 

22 title 10, United States Code. 

23 SEC. 355. MODIFICATIONS TO THE CONTESTED LOGISTICS 

24 WORKING GROUP OF THE DEPARTMENT OF 

25 DEFENSE. 

26 (a) EXPANSION OF WORKING GROUP.— 
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1 (1) IN GENERAL.—Paragraph (3) of section 

2 2926(d) of title 10, United States Code, is amended 

3 by adding at the end the following new subpara4 graph: 

5 ‘‘(D) A representative appointed by the Sec6 retary of Defense from each of the following: 

7 ‘‘(i) The Defense Logistics Agency. 

8 ‘‘(ii) The Strategic Capabilities Office. 

9 ‘‘(iii) The Defense Advanced Research 

10 Projects Agency. 

11 ‘‘(iv) The Office of the Under Secretary of 

12 Defense for Research and Engineering.’’. 

13 (2) TIMING.—Not later than 60 days after the 

14 date of the enactment of this Act, the Secretary of 

15 Defense shall appoint the additional members of the 

16 working group required under paragraph (3)(D) of 

17 such section, as added by paragraph (1) of this sub18 section. 

19 (b) MEETINGS.—Such section is further amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(6) The working group under paragraph (1) shall 

22 meet not less frequently than quarterly.’’. 

23 (c) REPORTS.—Such section is further amended by 

24 adding at the end the following new paragraph: 
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1 ‘‘(7) Not later than February 1 of each year, the 

2 working group under paragraph (1) shall submit to the 

3 congressional defense committees a report that contains 

4 a description of any shortfalls in personnel, equipment, in5 frastructure, energy and storage, or capabilities required 

6 to support the operational plans of the Department of De7 fense.’’. 

8 SEC. 356. ESTABLISHMENT OF CAISSON PLATOON TO SUP9 PORT MILITARY AND STATE FUNERAL SERV10 ICES. 

11 (a) IN GENERAL.—There is established in the De12 partment of the Army an equine unit, to be known as the 

13 Caisson Platoon, assigned to the 3rd Infantry Regiment 

14 of the Army, for the purposes of conducting military and 

15 State funerals and for other purposes. 

16 (b) PROHIBITION ON ELIMINATION.—The Secretary 

17 of the Army may not eliminate the Caisson Platoon of the 

18 3rd Infantry Regiment of the Army established under sub19 section (a). 

20 (c) BRIEFING.— 

21 (1) IN GENERAL.—Not later than 60 days after 

22 the date of the enactment of this Act, and not less 

23 frequently than every 180 days thereafter until 

24 March 31, 2027, the Secretary of the Army shall 

25 provide to the congressional defense committees a 
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1 briefing on the health, welfare, and sustainment of 

2 military working equids. 

3 (2) ELEMENTS.—The briefing required by 

4 paragraph (1) shall include the following: 

5 (A) An assessment of the ability of the 

6 Caisson Platoon of the 3rd Infantry Regiment 

7 of the Army to support military funeral oper8 ations within Arlington National Cemetery, in9 cluding milestones associated with achieving full 

10 operational capability for the Caisson Platoon. 

11 (B) An update on the plan of the task 

12 force of the Army on military working equids to 

13 promote, support, and sustain animal health 

14 and welfare. 

15 (C) An update on the plan of such task 

16 force to ensure that support by the Caisson 

17 Platoon of Arlington National Cemetery and 

18 State funerals is never suspended again. 

19 SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS PEND20 ING 30-YEAR SHIPBUILDING PLAN THAT 

21 MAINTAINS 31 AMPHIBIOUS WARSHIPS FOR 

22 THE DEPARTMENT OF THE NAVY. 

23 (a) LIMITATION.—Of the funds authorized to be ap24 propriated by this Act or otherwise made available for fis25 cal year 2024 for Administration and Servicewide Activi-
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1 ties, Operation and Maintenance, Navy, not more than 50 

2 percent may be obligated or expended until the date on 

3 which the Secretary of the Navy submits to the congres4 sional defense committees a 30-year shipbuilding plan that 

5 meets the statutory requirement in section 8062(b) of title 

6 10, United States Code, to maintain 31 amphibious war7 ships. 

8 (b) AMPHIBIOUS WARSHIP DEFINED.—In this sec9 tion, the term ‘‘amphibious warship’’ means a ship that 

10 is classified as an amphibious assault ship (general pur11 pose) (LHA), an amphibious assault ship (multi-purpose) 

12 (LHD), an amphibious transport dock (LPD), or a dock 

13 landing ship (LSD) that is included in the Battle Force 

14 Inventory in accordance with instruction 5030.8D of the 

15 Secretary of the Navy, or successor instruction. 

16 SEC. 358. MODIFICATION OF RULE OF CONSTRUCTION RE17 GARDING PROVISION OF SUPPORT AND 

18 SERVICES TO NON-DEPARTMENT OF DE19 FENSE ORGANIZATIONS AND ACTIVITIES. 

20 Section 2012(i) of title 10, United States Code, is 

21 amended— 

22 (1) by redesignating paragraphs (1) and (2) as 

23 subparagraphs (A) and (B), respectively; 

24 (2) in the matter preceding subparagraph (A), 

25 as redesignated by paragraph (1), by striking 
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1 ‘‘Nothing in this section’’ and inserting ‘‘(1) Noth2 ing in this section’’; 

3 (3) in subparagraph (A), as so redesignated, by 

4 inserting ‘‘, except as provided in paragraph (2),’’ 

5 before ‘‘for response’’; and 

6 (4) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2) Funds available to the Secretary of a military 

9 department for operation and maintenance for the Innova10 tive Readiness Training program may be expended under 

11 this section, upon approval by the Secretary concerned, 

12 to assist in demolition, clearing of roads, infrastructure 

13 improvements, and construction to restore an area after 

14 a natural disaster.’’. 

15 SEC. 359. MODIFICATIONS TO MILITARY AVIATION AND IN16 STALLATION ASSURANCE CLEARINGHOUSE 

17 FOR REVIEW OF MISSION OBSTRUCTIONS. 

18 (a) PROJECTS PROPOSED WITHIN TWO NAUTICAL

19 MILES OF ANY ACTIVE INTERCONTINENTAL BALLISTIC

20 MISSILE LAUNCH FACILITY OR CONTROL CENTER.—Sec21 tion 183a of title 10, United States Code, is amended— 

22 (1) in subsection (d)(2)— 

23 (A) in subparagraph (B), by inserting ‘‘or 

24 any active intercontinental ballistic missile 
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1 launch facility or control center’’ after ‘‘military 

2 training routes’’; and 

3 (B) in subparagraph (E), by striking ‘‘or a 

4 Deputy Under Secretary of Defense’’ and in5 serting ‘‘a Deputy Under Secretary of Defense, 

6 or, in the case of a geographic area of concern 

7 related to an active intercontinental ballistic 

8 missile launch facility or control center, the As9 sistant Secretary of Defense for Energy, Instal10 lations, and Environment’’; and 

11 (2) in subsection (e)(1)— 

12 (A) in the first sentence— 

13 (i) by striking ‘‘The Secretary’’ and 

14 inserting ‘‘(A) The Secretary’’; and 

15 (ii) by inserting ‘‘or antenna structure 

16 project’’ after ‘‘energy project’’; 

17 (B) in the second sentence, by striking 

18 ‘‘The Secretary of Defense’s finding of unac19 ceptable risk to national security’’ and inserting 

20 the following: 

21 ‘‘(C) Any finding of unacceptable risk to national se22 curity by the Secretary of Defense under this paragraph’’; 

23 and 
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1 (C) by inserting after subparagraph (A), 

2 as designated by subparagraph (A)(i) of this 

3 paragraph, the following new subparagraph: 

4 ‘‘(B)(i) In the case of any energy project or antenna 

5 structure project with proposed structures more than 200 

6 feet above ground level located within two nautical miles 

7 of an active intercontinental ballistic missile launch facility 

8 or control center, the Secretary of Defense shall issue a 

9 finding of unacceptable risk to national security for such 

10 project if the mitigation actions identified pursuant to this 

11 section do not include removal of all such proposed struc12 tures from such project after receiving notice of presumed 

13 risk from the Clearinghouse under subsection (c)(2). 

14 ‘‘(ii) Clause (i) does not apply to structures approved 

15 before the date of the enactment of the National Defense 

16 Authorization Act for Fiscal Year 2024 or to structures 

17 that are re-powered with updated technology in the same 

18 location as previously approved structures.’’. 

19 (b) INCLUSION OF ANTENNA STRUCTURE

20 PROJECTS.— 

21 (1) IN GENERAL.—Such section is further 

22 amended— 

23 (A) by inserting ‘‘or antenna structure 

24 projects’’ after ‘‘energy projects’’ each place it 

25 appears; and 
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1 (B) by inserting ‘‘or antenna structure 

2 project’’ after ‘‘energy project’’ each place it ap3 pears (except for subsections (e)(1) and (h)(2)). 

4 (2) ANTENNA STRUCTURE PROJECT DE5 FINED.—Section 183a(h) of such title is amended— 

6 (A) by redesignating paragraphs (2) 

7 through (9) as paragraphs (3) through (10), re8 spectively; and 

9 (B) by inserting after paragraph (1) the 

10 following new paragraph: 

11 ‘‘(2) The term ‘antenna structure project’— 

12 ‘‘(A) means a project to construct a struc13 ture located within two nautical miles of any 

14 intercontinental ballistic missile launch facility 

15 or control center that is constructed or used to 

16 transmit radio energy or that is constructed or 

17 used for the primary purpose of supporting an18 tennas to transmit or receive radio energy (or 

19 both), and any antennas and other appur20 tenances mounted on the structure, from the 

21 time construction of the supporting structure 

22 begins until such time as the supporting struc23 ture is dismantled; and 
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1 ‘‘(B) does not include any project in sup2 port of or required by an intercontinental bal3 listic missile launch facility or control center.’’. 

4 TITLE IV—MILITARY 

5 PERSONNEL AUTHORIZATIONS 

6 Subtitle A—Active Forces 

7 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

8 The Armed Forces are authorized strengths for active 

9 duty personnel as of September 30, 2024, as follows: 

10 (1) The Army, 452,000. 

11 (2) The Navy, 342,000. 

12 (3) The Marine Corps, 172,300. 

13 (4) The Air Force, 320,000. 

14 (5) The Space Force, 9,400. 

15 SEC. 402. END STRENGTH LEVEL MATTERS. 

16 Section 115 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (f)(2), by striking ‘‘not more 

19 than 2 percent’’ and inserting ‘‘not more than 3 per20 cent’’; and 

21 (2) in subsection (g)(1), by striking subpara22 graphs (A) and (B) and inserting the following new 

23 subparagraphs: 

24 ‘‘(A) vary the end strength pursuant to 

25 subsection (a)(1)(A) for a fiscal year for the 
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1 armed force or forces under the jurisdiction of 

2 that Secretary by a number not equal to more 

3 than 2 percent of such authorized end strength; 

4 ‘‘(B) vary the end strength pursuant to 

5 subsection (a)(1)(B) for a fiscal year for the 

6 armed force or forces under the jurisdiction of 

7 that Secretary by a number not equal to more 

8 than 2 percent of such authorized end strength; 

9 and 

10 ‘‘(C) vary the end strength pursuant to 

11 subsection (a)(2) for a fiscal year for the Se12 lected Reserve of the reserve component of the 

13 armed force or forces under the jurisdiction of 

14 that Secretary by a number equal to not more 

15 than 2 percent of such authorized end 

16 strength.’’. 

17 SEC. 403. EXTENSION OF ADDITIONAL AUTHORITY TO VARY 

18 SPACE FORCE END STRENGTH. 

19 Section 403(b) of the James M. Inhofe National De20 fense Authorization Act for Fiscal Year 2023 (Public Law 

21 117–263) is amended by striking ‘‘December 31, 2023’’ 

22 and inserting ‘‘October 1, 2025’’. 
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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2024, as follows: 

6 (1) The Army National Guard of the United 

7 States, 325,000. 

8 (2) The Army Reserve, 174,800. 

9 (3) The Navy Reserve, 57,200. 

10 (4) The Marine Corps Reserve, 33,600. 

11 (5) The Air National Guard of the United 

12 States, 105,000. 

13 (6) The Air Force Reserve, 69,600. 

14 (7) The Coast Guard Reserve, 7,000. 

15 (b) END STRENGTH REDUCTIONS.—The end 

16 strengths prescribed by subsection (a) for the Selected Re17 serve of any reserve component shall be proportionately 

18 reduced by— 

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of 

21 such component which are on active duty (other 

22 than for training) at the end of the fiscal year; and 

23 (2) the total number of individual members not 

24 in units organized to serve as units of the Selected 

25 Reserve of such component who are on active duty 
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1 (other than for training or for unsatisfactory partici2 pation in training) without their consent at the end 

3 of the fiscal year. 

4 (c) END STRENGTH INCREASES.—Whenever units or 

5 individual members of the Selected Reserve for any reserve 

6 component are released from active duty during any fiscal 

7 year, the end strength prescribed for such fiscal year for 

8 the Selected Reserve of such reserve component shall be 

9 increased proportionately by the total authorized strengths 

10 of such units and by the total number of such individual 

11 members. 

12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

13 DUTY IN SUPPORT OF THE RESERVES. 

14 Within the end strengths prescribed in section 

15 411(a), the reserve components of the Armed Forces are 

16 authorized, as of September 30, 2024, the following num17 ber of Reserves to be serving on full-time active duty or 

18 full-time duty, in the case of members of the National 

19 Guard, for the purpose of organizing, administering, re20 cruiting, instructing, or training the reserve components: 

21 (1) The Army National Guard of the United 

22 States, 30,845. 

23 (2) The Army Reserve, 16,511. 

24 (3) The Navy Reserve, 10,327. 

25 (4) The Marine Corps Reserve, 2,355. 
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1 (5) The Air National Guard of the United 

2 States, 25,333. 

3 (6) The Air Force Reserve, 6,003. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 (a) IN GENERAL.—The minimum number of military 

7 technicians (dual status) as of the last day of fiscal year 

8 2024 for the reserve components of the Army and the Air 

9 Force (notwithstanding section 129 of title 10, United 

10 States Code) shall be the following: 

11 (1) For the Army National Guard of the United 

12 States, 22,294. 

13 (2) For the Army Reserve, 7,990. 

14 (3) For the Air National Guard of the United 

15 States, 10,994. 

16 (4) For the Air Force Reserve, 7,111. 

17 (b) LIMITATION ON NUMBER OF TEMPORARY MILI18 TARY TECHNICIANS (DUAL STATUS).—The number of 

19 temporary military technicians (dual status) employed 

20 under the authority of subsection (a) may not exceed 25 

21 percent of the total authorized number specified in such 

22 subsection. 

23 (c) LIMITATION.—Under no circumstances may a 

24 military technician (dual status) employed under the au25 thority of this section be coerced by a State into accepting 
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1 an offer of realignment or conversion to any other military 

2 status, including as a member of the Active, Guard, and 

3 Reserve program of a reserve component. If a military 

4 technician (dual status) declines to participate in such re5 alignment or conversion, no further action will be taken 

6 against the individual or the individual’s position. 

7 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU8 THORIZED TO BE ON ACTIVE DUTY FOR 

9 OPERATIONAL SUPPORT. 

10 During fiscal year 2024, the maximum number of 

11 members of the reserve components of the Armed Forces 

12 who may be serving at any time on full-time operational 

13 support duty under section 115(b) of title 10, United 

14 States Code, is the following: 

15 (1) The Army National Guard of the United 

16 States, 17,000. 

17 (2) The Army Reserve, 13,000. 

18 (3) The Navy Reserve, 6,200. 

19 (4) The Marine Corps Reserve, 3,000. 

20 (5) The Air National Guard of the United 

21 States, 16,000. 

22 (6) The Air Force Reserve, 14,000. 
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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

5 are hereby authorized to be appropriated for fiscal year 

6 2024 for the use of the Armed Forces and other activities 

7 and agencies of the Department of Defense for expenses, 

8 not otherwise provided for, for military personnel, as spec9 ified in the funding table in section 4401. 

10 (b) CONSTRUCTION OF AUTHORIZATION.—The au11 thorization of appropriations in subsection (a) supersedes 

12 any other authorization of appropriations (definite or in13 definite) for such purpose for fiscal year 2024. 

14 TITLE V—MILITARY PERSONNEL 

15 POLICY 

16 Subtitle A—Officer Personnel 

17 Policy 

18 SEC. 501. AUTHORIZED STRENGTH: GENERAL AND FLAG 

19 OFFICERS ON ACTIVE DUTY. 

20 (a) REPEAL OF OBSOLETE AUTHORITY; REDESIGNA21 TION.—Chapter 32 of title 10, United States Code, is 

22 amended— 

23 (1) by repealing section 526; 

24 (2) by redesignating section 526a as section 

25 526; 
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1 (3) in the table of sections for such chapter, by 

2 striking the item relating to section 526a; and 

3 (4) in the section heading for section 526, as 

4 redesignated by paragraph (2), by striking ‘‘after 

5 December 31, 2022’’. 

6 (b) INCREASED AUTHORIZED STRENGTH.—Section 

7 526 of title 10, United States Code, as redesignated and 

8 amended by subsection (a), is further amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘after December 31, 

11 2022,’’; 

12 (B) in paragraph (1), by striking ‘‘218’’ 

13 and inserting ‘‘219’’; 

14 (C) in paragraph (2), by striking ‘‘149’’ 

15 and inserting ‘‘150’’; 

16 (D) in paragraph (3), by striking ‘‘170’’ 

17 and inserting ‘‘171’’; and 

18 (E) in paragraph (4), by striking ‘‘62’’ and 

19 inserting ‘‘64’’; and 

20 (2) by redesignating the second subsection des21 ignated as subsection (i) as subsection (j). 

22 (c) REPEAL OF EXCLUSION OF OFFICERS SERVING

23 AS LEAD SPECIAL TRIAL COUNSEL FROM LIMITATIONS

24 ON AUTHORIZED STRENGTHS.—Section 506 of the James 
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1 M. Inhofe National Defense Authorization Act for Fiscal 

2 Year 2023 is hereby repealed. 

3 SEC. 502. PROHIBITION ON APPOINTMENT OR NOMINATION 

4 OF CERTAIN OFFICERS WHO ARE SUBJECT 

5 TO SPECIAL SELECTION REVIEW BOARDS. 

6 (a) OFFICERS ON ACTIVE-DUTY LIST.— 

7 Section 628a(a)(2)(B) of title 10, United States 

8 Code, is amended to read as follows: 

9 ‘‘(B) shall not be forwarded for appointment or 

10 nomination to the Secretary of Defense, the Presi11 dent, or the Senate, as applicable.’’. 

12 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.— 

13 Section 14502a(a)(2)(B) of title 10, United 

14 States Code, is amended to read as follows: 

15 ‘‘(B) shall not be forwarded for appointment or 

16 nomination to the Secretary of Defense, the Presi17 dent, or the Senate, as applicable.’’. 

18 SEC. 503. EXCLUSION OF OFFICERS WHO ARE LICENSED 

19 BEHAVIORAL HEALTH PROVIDERS FROM 

20 LIMITATIONS ON ACTIVE DUTY COMMIS21 SIONED OFFICER END STRENGTHS. 

22 Section 523(b) of title 10, United States Code, is 

23 amended by adding at the end the following new para24 graph: 
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1 ‘‘(10) Officers who are licensed behavioral 

2 health providers, including clinical psychologists, so3 cial workers, and mental health nurse practi4 tioners.’’. 

5 SEC. 504. UPDATING AUTHORITY TO AUTHORIZE PRO6 MOTION TRANSFERS BETWEEN COMPONENTS 

7 OF THE SAME SERVICE OR A DIFFERENT 

8 SERVICE. 

9 (a) WARRANT OFFICERS TRANSFERRED BETWEEN

10 COMPONENTS WITHIN THE SAME OR A DIFFERENT UNI11 FORMED SERVICE.—Section 578 of title 10, United States 

12 Code, is amended by adding at the end the following new 

13 subsection: 

14 ‘‘(g) Notwithstanding subsection (d), and subject to 

15 regulations prescribed by the Secretary of Defense, in the 

16 case of a warrant officer who is selected for promotion 

17 by a selection board convened under this chapter, and 

18 prior to the placement of the warrant officer’s name on 

19 the applicable promotion list is approved for transfer to 

20 a new component within the same or a different uniformed 

21 service, the Secretary concerned may place the warrant 

22 officer’s name on a corresponding promotion list of the 

23 new component without regard to the warrant officer’s 

24 competitive category. A warrant officer’s promotion under 
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1 this subsection shall be made pursuant to section 12242 

2 of this title.’’. 

3 (b) OFFICERS TRANSFERRED TO RESERVE ACTIVE

4 STATUS LIST.— 

5 (1) IN GENERAL.—Section 624 of such title is 

6 amended by adding at the end the following new 

7 subsections: 

8 ‘‘(e) Notwithstanding subsection (a)(2), in the case 

9 of an officer who is selected for promotion by a selection 

10 board convened under this chapter, and prior to the place11 ment of the officer’s name on the applicable promotion 

12 list is approved for transfer to the reserve active status 

13 list of the same or a different uniformed service, the Sec14 retary concerned may place the officer’s name on a cor15 responding promotion list on the reserve active-status list 

16 without regard to the officer’s competitive category. An 

17 officer’s promotion under this subsection shall be made 

18 pursuant to section 14308 of this title. 

19 ‘‘(f) Notwithstanding subsection (a)(3), in the case 

20 of an officer who is placed on an all-fully-qualified-officers 

21 list, and is subsequently approved for transfer to the re22 serve active status list, the Secretary concerned may place 

23 the officer’s name on an appropriate all-fully-qualified-of24 ficers list on the reserve active status list. An officer’s pro-
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1 motion under this subsection shall be made pursuant to 

2 section 14308 of this title.’’. 

3 (2) DATE OF RANK.—Section 14308(c) of such 

4 title is amended— 

5 (A) by redesignating paragraph (3) as 

6 paragraph (4); and 

7 (B) by inserting after paragraph (2) the 

8 following new paragraph: 

9 ‘‘(3) The Secretary concerned may adjust the date 

10 of rank of an officer whose name is placed on a reserve 

11 active status promotion list pursuant to subsection (e) or 

12 (f) of section 624 of this title.’’. 

13 SEC. 505. EFFECT OF FAILURE OF SELECTION FOR PRO14 MOTION. 

15 (a) EFFECT OF FAILURE OF SELECTION FOR PRO16 MOTION: CAPTAINS AND MAJORS OF THE ARMY, AIR

17 FORCE, MARINE CORPS, AND SPACE FORCE AND LIEU18 TENANTS AND LIEUTENANT COMMANDERS OF THE

19 NAVY.— 

20 (1) IN GENERAL.—Section 632 of title 10, 

21 United States Code, is amended— 

22 (A) in the section heading, by striking 

23 ‘‘and Marine Corps’’ and inserting ‘‘Ma24 rine Corps, and Space Force’’; 
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1 (B) in subsection (a)(1), by striking 

2 ‘‘President approves the report of the board 

3 which considered him for the second time’’ and 

4 inserting ‘‘Secretary concerned releases the pro5 motion results of the board which considered 

6 the officer for the second time to the public’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 36 of title 10, 

9 United States Code, is amended by striking the item 

10 relating to section 632 and inserting the following 

11 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.’’. 

12 (b) RETIREMENT OF REGULAR OFFICERS OF THE

13 NAVY FOR LENGTH OF SERVICE OR FAILURE OF SELEC14 TION FOR PROMOTION.—Section 8372(a)(2)(A) of title 

15 10, United States Code, is amended by striking ‘‘President 

16 approves the report of the board which considered him for 

17 the second time’’ and inserting ‘‘Secretary concerned re18 leases the promotion results of the board which considered 

19 the officer for the second time to the public’’. 

20 SEC. 506. PERMANENT AUTHORITY TO ORDER RETIRED 

21 MEMBERS TO ACTIVE DUTY IN HIGH-DE22 MAND, LOW-DENSITY APPOINTMENTS. 

23 (a) IN GENERAL.—Section 688a of title 10, United 

24 States Code, is amended— 
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1 (1) in the section heading, by striking ‘‘Re2 tired aviators: temporary authority’’ and 

3 inserting ‘‘Authority’’; 

4 (2) by striking subsection (f); 

5 (3) by redesignating subsections (g) and (h) as 

6 subsections (f) and (g), respectively; and 

7 (4) in subsection (f), as redesignated by para8 graph (3), by striking ‘‘limitations in subsections (c) 

9 and (f)’’ and inserting ‘‘limitation in subsection (c)’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 39 of title 10, United States 

12 Code, is amended by striking the item relating to section 

13 688a and inserting the following new item: 

‘‘688a. Authority to order to active duty in high-demand, low-density assignments.’’. 

14 SEC. 507. WAIVER AUTHORITY EXPANSION FOR THE EXTEN15 SION OF SERVICE OBLIGATION FOR MARINE 

16 CORPS CYBERSPACE OPERATIONS OFFICERS. 

17 (a) REQUIRED SERVICE.—Section 651(c) of title 10, 

18 United States Code, is amended— 

19 (1) in paragraph (1), by inserting ‘‘or in the 

20 case of an unrestricted officer designated within a 

21 cyberspace occupational specialty’’ before the period 

22 at the end; and 

23 (2) in paragraph (2)— 
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1 (A) in subparagraph (A), by striking ‘‘; 

2 or’’ and inserting a semicolon; 

3 (B) in subparagraph (B), by striking the 

4 period and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(C) in the case of an unrestricted officer who 

8 has been designated with a cyberspace occupational 

9 specialty, the period of obligated service specified in 

10 such contract or agreement.’’. 

11 (b) MINIMUM SERVICE REQUIREMENT FOR CERTAIN

12 CYBERSPACE OCCUPATIONAL SPECIALTIES.— 

13 (1) IN GENERAL.—Chapter 37 of title 10, 

14 United States Code, is amended by inserting after 

15 section 653 the new following section: 

16 ‘‘§ 654. Minimum service requirement for certain 

17 cyberspace occupational specialties 

18 ‘‘(a) CYBERSPACE OPERATIONS OFFICER.—The min19 imum service obligation for any member who successfully 

20 completes training in the armed forces in direct accession 

21 to the cyberspace operations officer occupational specialty 

22 of the Marine Corps shall be 8 years. 

23 ‘‘(b) SERVICE OBLIGATION DEFINED.—In this sec24 tion, the term ‘service obligation’ means the period of ac25 tive duty or, in the case of a member of a reserve compo-
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1 nent who completed cyberspace operations training in an 

2 active duty for training status as a member of a reserve 

3 component, the period of service in an active status in the 

4 Selected Reserve, required to be served after completion 

5 of cyberspace operations training.’’. 

6 (2) TABLE OF SECTIONS AMENDMENT.—The 

7 table of sections at the beginning of such chapter 37 

8 is amended by inserting after the item relating to 

9 section 653 the following new item: 

‘‘654. Minimum service requirement for certain cyberspace occupational specialties.’’. 

10 SEC. 508. REMOVAL OF ACTIVE DUTY PROHIBITION FOR 

11 MEMBERS OF THE AIR FORCE RESERVE POL12 ICY COMMITTEE. 

13 Section 10305 of title 10, United States Code, is 

14 amendedl 

15 (1) in subsection (b), by striking ‘‘not on active 

16 duty’’ both places it appears; and 

17 (2) in subsection (c)— 

18 (A) by inserting ‘‘of the reserve compo19 nents’’ after ‘‘among the members’’; and 

20 (B) by striking ‘‘not on active duty’’. 
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1 SEC. 509. EXTENSION OF AUTHORITY TO VARY NUMBER OF 

2 SPACE FORCE OFFICERS CONSIDERED FOR 

3 PROMOTION TO MAJOR GENERAL. 

4 Subsection (b) of section 503 of the National Defense 

5 Authorization Act for Fiscal Year 2022 (Public Law 117– 

6 81; 135 Stat. 1680) is amended by striking ‘‘shall termi7 nate on December 31, 2022’’ and inserting ‘‘shall termi8 nate on December 31, 2024’’. 

9 SEC. 510. REALIGNMENT OF NAVY SPOT-PROMOTION 

10 QUOTAS. 

11 Section 605(g)(4)(B) of title 10, United States Code, 

12 is amended by striking ‘‘325’’ and inserting ‘‘425’’. 

13 SEC. 511. MODIFICATION OF LIMITATION ON PROMOTION 

14 SELECTION BOARD RATES. 

15 Section 616 of title 10, United States Code, is 

16 amended— 

17 (1) in subsection (d)— 

18 (A) by striking ‘‘The number’’ and insert19 ing ‘‘(1) Except as provided in paragraph (2), 

20 the number’’; and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) If a promotion zone established under section 

24 623 of this title includes less than 50 officers and is estab25 lished with respect to promotions to a grade below the 

26 grade of colonel or Navy captain, the Secretary concerned 
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1 may authorize selection boards convened under section 

2 611(a) of this title to recommend for promotion a number 

3 equal to not more than 100 percent of the number of offi4 cers included in such promotion zone.’’; and 

5 (2) in subsection (e), by striking ‘‘unless he’’ 

6 and inserting ‘‘unless the officer’’. 

7 SEC. 512. TIME IN GRADE REQUIREMENTS. 

8 Section 1305 of title 10, United States Code, is 

9 amended— 

10 (1) in subsection (a)(3), by inserting ‘‘or a Ma11 rine Corps Marine Gunner warrant officer in such 

12 grade,’’ after ‘‘chief warrant officer, W–5,’’; 

13 (2) in subsection (b), by striking ‘‘when he’’ 

14 and inserting ‘‘when the warrant officer’’; and 

15 (3) in subsection (c)— 

16 (A) by striking ‘‘as he’’ and inserting ‘‘as 

17 the Secretary concerned’’; and 

18 (B) by striking ‘‘after he’’ and inserting 

19 ‘‘after the warrant officer’’. 

20 SEC. 513. FLEXIBILITY IN DETERMINING TERMS OF AP21 POINTMENT FOR CERTAIN SENIOR OFFICER 

22 POSITIONS. 

23 (a) IN GENERAL.—Chapter 35 of title 10, United 

24 States Code, is amended by inserting after section 601 the 

25 following new section: 
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1 ‘‘§ 602. Flexibility in determining terms of appoint2 ment for certain senior officer positions 

3 ‘‘The Secretary of Defense may extend or reduce the 

4 duration of an appointment made under section 152, 154, 

5 7033, 8033, 8043, 9033, and 9082 of this title by up to 

6 six months if the Secretary determines that such an exten7 sion or reduction is necessary either in the interests of 

8 national defense, or to ensure an appropriate staggering 

9 of terms of senior military leadership.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 35 of title 10, United States 

12 Code, is amended by inserting after the item relating to 

13 section 601 the following new item: 

‘‘602. Flexibility in determining terms of appointment for certain senior officer 

positions.’’. 

14 Subtitle B—Reserve Component 

15 Management 

16 SEC. 521. ALTERNATIVE PROMOTION AUTHORITY FOR RE17 SERVE OFFICERS IN DESIGNATED COMPETI18 TIVE CATEGORIES. 

19 (a) IN GENERAL.—Part III of subtitle E of title 10, 

20 United States Code, is amended by adding at the end the 

21 following new chapter: 
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1 ‘‘CHAPTER 1413—ALTERNATIVE PRO2 MOTION AUTHORITY FOR OFFICERS 

3 IN DESIGNATED COMPETITIVE CAT4 EGORIES 

‘‘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. 

5 ‘‘§ 15101. Officers in designated competitive cat6 egories 

7 ‘‘(a) AUTHORITY TO DESIGNATE COMPETITIVE CAT8 EGORIES OF OFFICERS.—Each Secretary of a military de9 partment may designate one or more competitive cat10 egories for promotion of officers under section 14005 of 

11 this title that are under the jurisdiction of such Secretary 

12 as a competitive category of officers whose promotion, re13 tirement, and continuation on the reserve active-status list 

14 shall be subject to the provisions of this chapter. 

15 ‘‘(b) LIMITATION ON EXERCISE OF AUTHORITY.— 

16 The Secretary of a military department may not designate 

17 a competitive category of officers for purposes of this 

18 chapter until 60 days after the date on which the Sec19 retary submits to the Committees on Armed Services of 

20 the Senate and the House of Representatives a report on 
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1 the designation of the competitive category. The report on 

2 the designation of a competitive category shall set forth 

3 the following: 

4 ‘‘(1) A detailed description of officer require5 ments for officers within the competitive category. 

6 ‘‘(2) An explanation of the number of opportu7 nities for consideration for promotion to each par8 ticular grade, and an estimate of promotion timing, 

9 within the competitive category. 

10 ‘‘(3) An estimate of the size of the promotion 

11 zone for each grade within the competitive category. 

12 ‘‘(4) A description of any other matters the 

13 Secretary considered in determining to designate the 

14 competitive category for purposes of this chapter. 

15 ‘‘§ 15102. Selection for promotion 

16 ‘‘(a) IN GENERAL.—Except as provided in this sec17 tion, the selection for promotion of officers in any competi18 tive category of officers designated for purposes of this 

19 chapter shall be governed by the provisions under chapter 

20 1403 of this title. 

21 ‘‘(b) NO RECOMMENDATION FOR PROMOTION OF OF22 FICERS BELOW PROMOTION ZONE.—Section 14301(d) of 

23 this title shall not apply to the selection for promotion of 

24 officers described in subsection (a). 
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1 ‘‘(c) RECOMMENDATION FOR OFFICERS TO BE EX2 CLUDED FROM FUTURE CONSIDERATION FOR PRO3 MOTION.—In making recommendations pursuant to chap4 ter 1403 of this title for purposes of the administration 

5 of this chapter, a selection board convened under section 

6 14101(a) of this title may recommend that an officer con7 sidered by the board be excluded from future consideration 

8 for promotion under this chapter. 

9 ‘‘§ 15103. Eligibility for consideration for promotion 

10 ‘‘(a) IN GENERAL.—Except as provided by this sec11 tion, eligibility for promotion of officers in any competitive 

12 category of officers designated for purposes of this chapter 

13 shall be governed by the provisions of sections 14301, 

14 14303, and 14304 of this title. 

15 ‘‘(b) INAPPLICABILITY OF CERTAIN TIME-IN-GRADE

16 REQUIREMENTS.—Sections 14303 and 14304 of this title 

17 shall not apply to the promotion of officers described in 

18 subsection (a). 

19 ‘‘(c) INAPPLICABILITY TO OFFICERS ABOVE AND

20 BELOW PROMOTION ZONE.—The following provisions of 

21 this title shall not apply to the promotion of officers de22 scribed in subsection (a): 

23 ‘‘(1) The reference in section 14301(b) to an 

24 officer above the promotion zone. 

25 ‘‘(2) Section 14301(d). 
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1 ‘‘(d) INELIGIBILITY OF CERTAIN OFFICERS.—The 

2 following officers are not eligible for promotion under this 

3 chapter: 

4 ‘‘(1) An officer described in section 14301(c) of 

5 this title. 

6 ‘‘(2) An officer not included within the pro7 motion zone. 

8 ‘‘(3) An officer who has failed of promotion to 

9 a higher grade the maximum number of times speci10 fied for opportunities for promotion for such grade 

11 within the competitive category concerned pursuant 

12 to section 15104 of this title. 

13 ‘‘(4) An officer recommended by a selection 

14 board to be removed from consideration for pro15 motion in accordance with section 15102(c) of this 

16 title. 

17 ‘‘§ 15104. Opportunities for consideration for pro18 motion 

19 ‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNI20 TIES FOR CONSIDERATION FOR PROMOTION.—In desig21 nating a competitive category of officers pursuant to sec22 tion 15101 of this title, the Secretary of a military depart23 ment shall specify the number of opportunities for consid24 eration for promotion to be afforded officers of the armed 

25 force concerned within the category for promotion to each 
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1 grade above the grade of first lieutenant or lieutenant 

2 (junior grade), as applicable. 

3 ‘‘(b) LIMITED AUTHORITY OF SECRETARY OF MILI4 TARY DEPARTMENT TO MODIFY NUMBER OF OPPORTUNI5 TIES.—The Secretary of a military department may mod6 ify the number of opportunities for consideration for pro7 motion to be afforded officers of an armed force within 

8 a competitive category for promotion to a particular grade, 

9 as previously specified by the Secretary pursuant sub10 section (a) of this subsection, not more frequently than 

11 once every five years. 

12 ‘‘(c) DISCRETIONARY AUTHORITY OF SECRETARY OF

13 DEFENSE TO MODIFY NUMBER OF OPPORTUNITIES.— 

14 The Secretary of Defense may modify the number of op15 portunities for consideration for promotion to be afforded 

16 officers of an armed force within a competitive category 

17 for promotion to a particular grade, as previously specified 

18 or modified pursuant to any provision of this section, at 

19 the discretion of the Secretary. 

20 ‘‘(d) LIMITATION ON NUMBER OF OPPORTUNITIES

21 SPECIFIED.—The number of opportunities for consider22 ation for promotion to be afforded officers of an armed 

23 force within a competitive category for promotion to a par24 ticular grade, as specified or modified pursuant to any 
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1 provision of this section, may not exceed five opportuni2 ties. 

3 ‘‘(e) EFFECT OF CERTAIN REDUCTION IN NUMBER

4 OF OPPORTUNITIES SPECIFIED.—If, by reason of a reduc5 tion in the number of opportunities for consideration for 

6 promotion under this section, an officer would no longer 

7 have one or more opportunities for consideration for pro8 motion that were available to the officer before the reduc9 tion, the officer shall be afforded one additional oppor10 tunity for consideration for promotion after the reduction. 

11 ‘‘§ 15105. Promotions 

12 ‘‘Sections 14307 through 14317 of this title shall 

13 apply in promotions of officers in competitive categories 

14 of officers designated for purposes of this chapter. 

15 ‘‘§ 15106. Failure of selection for promotion 

16 ‘‘(a) IN GENERAL.—Except as provided in this sec17 tion, sections 14501 through 14513 of this title shall apply 

18 to promotions of officers in competitive categories of offi19 cers designated for purposes of this chapter. 

20 ‘‘(b) INAPPLICABILITY OF FAILURE OF SELECTION

21 FOR PROMOTION TO OFFICERS ABOVE PROMOTION

22 ZONE.—The reference in section 14501 of this title to an 

23 officer above the promotion zone shall not apply in the 

24 promotion of officers described in subsection (a). 
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1 ‘‘(c) SPECIAL SELECTION BOARD MATTERS.—The 

2 reference in section 14502(a)(1) of this title to a person 

3 above the promotion zone shall not apply in the promotion 

4 of officers described in subsection (a). 

5 ‘‘(d) EFFECT OF FAILURE OF SELECTION.—In the 

6 administration of this chapter pursuant to subsection 

7 (a)— 

8 ‘‘(1) an officer described in subsection (a) shall 

9 not be deemed to have failed twice of selection for 

10 promotion for purposes of section 14502(b) of this 

11 title until the officer has failed selection of pro12 motion to the next higher grade the maximum num13 ber of times specified for opportunities for pro14 motion to such grade within the competitive category 

15 concerned pursuant to section 15104 of this title; 

16 and 

17 ‘‘(2) any reference in sections 14504 through 

18 14506 of this title to an officer who has failed of se19 lection for promotion to the next higher grade for 

20 the second time shall be deemed to refer instead to 

21 an officer described in subsection (a) who has failed 

22 of selection for promotion to the next higher grade 

23 for the maximum number of times specified for op24 portunities for promotion to such grade within the 
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1 competitive category concerned pursuant to such 

2 section 15104. 

3 ‘‘§ 15107. Retirement: retirement for years of service; 

4 selective early retirement 

5 ‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—Sec6 tions 14507 through 14515 of this title shall apply to the 

7 retirement of officers in competitive categories of officers 

8 designated for purposes of this chapter. 

9 ‘‘(b) SELECTIVE EARLY RETIREMENT.—Section 

10 14101(b) of this title shall apply to the retirement of offi11 cers described in subsection (a). 

12 ‘‘§ 15108. Continuation on the Reserve Active-Status 

13 List 

14 ‘‘Sections 14701 through 14703 of this title shall 

15 apply in continuation or retention on a reserve active-sta16 tus list of officers designated for purposes of this chapter. 

17 ‘‘§ 15109. Other administrative authorities 

18 ‘‘(a) IN GENERAL.—The following provisions of this 

19 title shall apply to officers in competitive categories of offi20 cers designated for purposes of this chapter: 

21 ‘‘(1) Section 14518, relating to continuation of 

22 officers to complete disciplinary action. 

23 ‘‘(2) Section 14519, relating to deferment of re24 tirement or separation for medical reasons. 
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1 ‘‘(3) Section 14704, relating to the selective 

2 early removal from the reserve active-status list. 

3 ‘‘(4) Section 14705, relating to the selective 

4 early retirement of reserve general and flag officers 

5 of the Navy and Marine Corps. 

6 ‘‘§ 15110. Regulations 

7 ‘‘The Secretary of Defense shall prescribe regulations 

8 regarding the administration of this chapter. The elements 

9 of such regulations shall include mechanisms to clarify the 

10 manner in which provisions of other chapters of this part 

11 of the title shall be used in the administration of this chap12 ter in accordance with the provisions of this chapter.’’. 

13 (b) TABLE OF CHAPTERS AMENDMENT.—The table 

14 of chapters at the beginning of part III of subtitle E of 

15 title 10, United States Code, is amended by adding at the 

16 end the following new item: 

‘‘1413. Alternative promotion authority for officers in designated competitive categories .......................................................... 15101’’. 

17 SEC. 522. SELECTED RESERVE AND READY RESERVE 

18 ORDER TO ACTIVE DUTY TO RESPOND TO A 

19 SIGNIFICANT CYBER INCIDENT. 

20 Section 12304 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (a), by striking ‘‘for any 

23 named operational mission’’; 
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1 (2) by redesignating subsections (c) through (j) 

2 as subsections (d) through (k), respectively; 

3 (3) by inserting after subsection (b) the fol4 lowing new subsection: 

5 ‘‘(c) SIGNIFICANT CYBER INCIDENTS.—The Sec6 retary of Defense and the Secretary of the Department 

7 in which the Coast Guard is operating may, without the 

8 consent of the member affected, order any unit, and any 

9 member not assigned to a unit organized to serve as a 

10 unit, of the Selected Reserve or Individual Ready Reserve 

11 to active duty for a continuous period of not more than 

12 365 days when the Secretary of Defense or, with respect 

13 to the Coast Guard, the Secretary of the Department in 

14 which the Coast Guard is operating determines it is nec15 essary to augment the active forces for the respective re16 sponses from the Department of Defense or the Depart17 ment of Homeland Security to a covered incident.’’; 

18 (4) in paragraph (1) of subsection (d), as redes19 ignated by paragraph (2) of this section, by insert20 ing ‘‘or subsection (c)’’ after ‘‘subsection (b)’’; 

21 (5) in subsection (h) (as so redesignated)— 

22 (A) by redesignating paragraphs (1) and 

23 (2) as subparagraphs (A) and (B), respectively; 

24 (B) by striking ‘‘Whenever any’’ and in25 serting ‘‘(1) Whenever any’’; and 
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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) Whenever any unit of the Selected Reserve or 

4 any member of the Selected Reserve not assigned to a unit 

5 organized to serve as a unit, or any member of the Indi6 vidual Ready Reserve, is ordered to active duty under au7 thority of subsection (c), the service of all units or mem8 bers so ordered to active duty may be terminated by— 

9 ‘‘(A) order of the Secretary of Defense or the 

10 Secretary of the Department in which the Coast 

11 Guard is operating; or 

12 ‘‘(B) law.’’; and 

13 (6) in subsection (k) (as so redesignated)— 

14 (A) by redesignating paragraph (2) as 

15 paragraph (3); and 

16 (B) by inserting after paragraph (1) the 

17 following new paragraph: 

18 ‘‘(2) The term ‘covered incident’ means— 

19 ‘‘(A) a cyber incident involving a Depart20 ment of Defense information system, or a 

21 breach of a Department of Defense system that 

22 involves personally identifiable information, that 

23 the Secretary of Defense determines is likely to 

24 result in demonstrable harm to the national se25 curity interests, foreign relations, or the econ-
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1 omy of the United States, or to the public con2 fidence, civil liberties, or public health and safe3 ty of the people of the United States; 

4 ‘‘(B) a cyber incident involving a Depart5 ment of Homeland Security information system 

6 or a breach of a Department of Homeland Se7 curity system that involves personally identifi8 able information that the Secretary of Home9 land Security determines is likely to result in 

10 demonstrable harm to the national security in11 terests, foreign relations, or the economy of the 

12 United States or to the public confidence, civil 

13 liberties, or public health and safety of the peo14 ple of the United States; 

15 ‘‘(C) a cyber incident or collection of re16 lated cyber incidents that the President deter17 mines is likely to result in demonstrable harm 

18 to the national security interests, foreign rela19 tions, or economy of the United States or to the 

20 public confidence, civil liberties, or public health 

21 and safety of the people of the United States; 

22 or 

23 ‘‘(D) a significant incident declared pursu24 ant to section 2233 of the Homeland Security 

25 Act of 2002 (6 U.S.C. 677b).’’. 
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1 SEC. 523. MOBILIZATION OF SELECTED RESERVE FOR 

2 PREPLANNED MISSIONS IN SUPPORT OF THE 

3 COMBATANT COMMANDS. 

4 Section 12304b(b)(1) of title 10, United States Code, 

5 is amended— 

6 (1) by redesignating subparagraphs (A) and 

7 (B) as clauses (i) and (ii), respectively; 

8 (2) by striking ‘‘Units’’ and inserting ‘‘(A) Ex9 cept as provided under subparagraph (B), units’’; 

10 and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(B) In the event the President’s budget is de14 livered later than April 1st in the year prior to the 

15 year of the mobilization of one or more units under 

16 this section, the Secretary concerned may submit to 

17 Congress the information required under subpara18 graph (A) in a separate notice.’’. 

19 SEC. 524. ALTERNATING SELECTION OF OFFICERS OF THE 

20 NATIONAL GUARD AND THE RESERVES AS 

21 DEPUTY COMMANDERS OF CERTAIN COM22 BATANT COMMANDS. 

23 Section 164(e)(4) of title 10, United States Code, is 

24 amended— 

25 (1) by inserting ‘‘(A)’’ before ‘‘At least one dep26 uty commander’’; and 
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1 (2) by adding at the end the following new sub2 paragraphs: 

3 ‘‘(B) In carrying out the requirement in subpara4 graph (A) pertaining to the selection of an officer of the 

5 reserve component, the Secretary of Defense shall alter6 nate between selecting an officer of the National Guard 

7 and an officer of the Reserves no less frequently than 

8 every two terms. 

9 ‘‘(C) The Secretary of Defense may waive the re10 quirement under subparagraph (B) regarding the alter11 nating selection of reserve component officers if the Sec12 retary of Defense determines that such action is in the 

13 national interest.’’. 

14 SEC. 525. GRADE OF VICE CHIEF OF THE NATIONAL GUARD 

15 BUREAU. 

16 Section 10505 of title 10, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(c) GRADE AND EXCLUSION FROM GENERAL AND

20 FLAG OFFICER AUTHORIZED STRENGTH.—(1) The Vice 

21 Chief of the National Guard Bureau shall be appointed 

22 to serve in the grade of general. 

23 ‘‘(2) The Secretary of Defense shall designate, pursu24 ant to subsection (b) of section 526a of this title, the posi25 tion of Vice Chief of the National Guard Bureau as one 
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1 of the general officer and flag officer positions to be ex2 cluded from the limitations in subsection (a) of such sec3 tion.’’. 

4 Subtitle C—General Service 

5 Authorities and Military Records 

6 SEC. 531. MODIFICATION OF LIMITATION ON ENLISTMENT 

7 AND INDUCTION OF PERSONS WHOSE SCORE 

8 ON THE ARMED FORCES QUALIFICATION 

9 TEST IS BELOW A PRESCRIBED LEVEL. 

10 Section 520(a) of title 10, United States Code, is 

11 amended— 

12 (1) by striking ‘‘The number of persons’’ and 

13 inserting ‘‘(1) The number of persons’’; 

14 (2) by striking ‘‘may not exceed 20 percent’’ 

15 and inserting ‘‘may not exceed 4 percent’’; and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) Upon the request of the Secretary concerned, 

19 the Secretary of Defense may authorize an armed force 

20 to increase the limitation specified in paragraph (1) to not 

21 exceed 20 percent of the total number of persons originally 

22 enlisted or inducted to serve on active duty (other than 

23 active duty for training) in such armed forced during such 

24 fiscal year. The Secretary of Defense shall notify the Com25 mittees on Armed Services of the Senate and the House 
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1 of Representatives not later than 30 days after using such 

2 authority.’’. 

3 SEC. 532. NON-MEDICAL COUNSELING SERVICES FOR MILI4 TARY FAMILIES. 

5 Section 1781 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(d) NON-MEDICAL COUNSELING SERVICES.—(1) In 

9 carrying out its duties under subsection (b), the Office 

10 may coordinate programs and activities to provide non11 medical counseling services to military families through 

12 the Department of Defense Military and Family Life 

13 Counseling Program. 

14 ‘‘(2) A mental health care professional described in 

15 paragraph (3) may provide non-medical counseling serv16 ices at any location in a State, the District of Columbia, 

17 or a territory or possession of the United States, without 

18 regard to where the professional or recipient of such serv19 ices is located or delivery of such services is provided (in20 cluding face-to-face and telehealth), if the provision of 

21 such services is within the scope of the authorized Federal 

22 duties of the professional. 

23 ‘‘(3) A non-medical mental health professional de24 scribed in this subsection is a person who is— 
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1 ‘‘(A) a currently licensed mental health care 

2 provider who holds a license that is— 

3 ‘‘(i) issued by a State, the District of Co4 lumbia, or a territory or possession of the 

5 United States; and 

6 ‘‘(ii) recognized by the Secretary of De7 fense as an appropriate license for the provision 

8 of non-medical counseling services; 

9 ‘‘(B) a member of the armed forces, a civilian 

10 employee of the Department of Defense, or a con11 tractor designated by the Secretary; and 

12 ‘‘(C) performing authorized duties for the De13 partment of Defense under a program or activity re14 ferred to in paragraph (1). 

15 ‘‘(4) The authority under this subsection shall termi16 nate three years after the date of the enactment of this 

17 subsection. 

18 ‘‘(5) In this subsection, the term ‘non-medical coun19 seling services’ means mental health care services that are 

20 non-clinical, short-term and solution focused, and address 

21 topics related to personal growth, development, and posi22 tive functioning.’’. 
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1 SEC. 533. PRIMACY OF NEEDS OF THE SERVICE IN DETER2 MINING INDIVIDUAL DUTY ASSIGNMENTS. 

3 (a) IN GENERAL.—Chapter 39 of title 10, United 

4 States Code, is amended by inserting after section 674 the 

5 following new section: 

6 ‘‘§ 675. Primacy of needs of the service in deter7 mining individual duty assignments 

8 ‘‘(a) IN GENERAL.—The Secretaries of the military 

9 departments shall make duty assignments of individual 

10 members based on the needs of the military services. 

11 ‘‘(b) ASSIGNMENTS BASED ON SERVICE NEEDS.—A 

12 servicemember’s opinion on State laws shall not take prec13 edence over the needs of the military services in deter14 mining individual duty assignments. 

15 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed as prohibiting the Secretaries of 

17 the military departments from considering the general 

18 preferences of members of the armed forces in making de19 terminations about individual duty assignments.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by inserting 

22 after the item relating to section 674 the following new 

23 item: 

‘‘675. Primacy of needs of the service in determining individual duty assignments.’’. 
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1 SEC. 534. REQUIREMENT TO USE QUALIFICATIONS, PER2 FORMANCE, AND MERIT AS BASIS FOR PRO3 MOTIONS, ASSIGNMENTS, AND OTHER PER4 SONNEL ACTIONS. 

5 The Secretary of Defense shall ensure that all pro6 motions, assignments, and other personnel actions of the 

7 Armed Forces are based primarily on qualifications, per8 formance, and merit. 

9 SEC. 535. REQUIREMENT TO BASE TREATMENT IN THE 

10 MILITARY ON MERIT AND PERFORMANCE. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) The United States Armed Forces is the 

14 greatest civil rights program in the history of the 

15 world. 

16 (2) Former Chairman of the Joint Chiefs Gen17 eral Colin Powell wrote that ‘‘the military [has] 

18 given African-Americans more equal opportunity 

19 than any other institution in American society’’. 

20 (3) Today’s Armed Forces is the most diverse 

21 large public institution in the country, and brings to22 gether Americans from every background in the 

23 service of defending the country. 

24 (4) Military readiness depends on the guarantee 

25 of equal opportunity, without the promise of an 

26 equal outcome, because warfare is a competitive en-
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1 deavor and the nation’s enemies must know that the 

2 United States Armed Forces is led by the best, 

3 brightest, and bravest Americans. 

4 (5) The tenets of critical race theory are anti5 thetical to the merit-based, all-volunteer, military 

6 that has served the country with great distinction 

7 for the last 50 years. 

8 (b) DEFINITION OF EQUITY.—For the purposes of 

9 any Department of Defense Diversity, Equity, and Inclu10 sion directive, program, policy, or instruction, the term 

11 ‘‘equity’’ is defined as ‘‘the right of all persons to have 

12 the opportunity to participate in, and benefit from, pro13 grams, and activities for which they are qualified’’. 

14 (c) PROHIBITIONS.— 

15 (1) DIRECTIVES.—The Department of Defense 

16 shall not direct or otherwise compel any member of 

17 the Armed Forces, military dependent, or civilian 

18 employee of the Department of Defense to person19 ally affirm, adopt, or adhere to the tenet that any 

20 sex, race, ethnicity, religion or national origin is in21 herently superior or inferior. 

22 (2) TRAINING AND INSTRUCTION.—No organi23 zation or institution under the authority of the Sec24 retary of Defense may provide courses, training, or 

25 any other type of instruction that directs, compels, 
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1 or otherwise suggests that members of the Armed 

2 Forces, military dependents, or civilian employees of 

3 the Department of Defense should affirm, adopt, or 

4 adhere to the tenet described in paragraph (1). 

5 (3) DISTINCTIONS AND CLASSIFICATIONS.— 

6 (A) IN GENERAL.—No organization or in7 stitution under the authority of the Secretary of 

8 Defense shall make a distinction or classifica9 tion of members of the Armed Forces, military 

10 dependents, or civilian employees of the Depart11 ment of Defense based on account of race, eth12 nicity, or national origin. 

13 (B) RULE OF CONSTRUCTION.—Nothing in 

14 this paragraph shall be construed to prohibit 

15 the required collection or reporting of demo16 graphic information by the Department of De17 fense. 

18 (d) MERIT REQUIREMENT.—All Department of De19 fense personnel actions, including accessions, promotions, 

20 assignments and training, shall be based exclusively on in21 dividual merit and demonstrated performance. 

22 SEC. 536. TIGER TEAM FOR OUTREACH TO FORMER MEM23 BERS. 

24 (a) ESTABLISHMENT OF TIGER TEAM.— 
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1 (1) IN GENERAL.—Not later than 60 days after 

2 the date of the enactment of this Act, the Secretary 

3 of Defense shall establish a team (commonly known 

4 as a ‘‘tiger team’’ and referred to in this section as 

5 the ‘‘Tiger Team’’) responsible for conducting out6 reach to build awareness among former members of 

7 the Armed Forces of the process established pursu8 ant to section 527 of the National Defense Author9 ization Act for Fiscal Year 2020 (Public Law 116– 

10 92; 10 U.S.C. 1552 note) for the review of discharge 

11 characterizations by appropriate discharge boards. 

12 The Tiger Team shall consist of appropriate per13 sonnel of the Department of Defense assigned to the 

14 Tiger Team by the Secretary for purposes of this 

15 section. 

16 (2) TIGER TEAM LEADER.—One of the persons 

17 assigned to the Tiger Team under paragraph (1) 

18 shall be a senior-level officer or employee of the De19 partment who shall serve as the lead official of the 

20 Tiger Team (in this section referred to as the ‘‘Tiger 

21 Team Leader’’) and who shall be accountable for the 

22 activities of the Tiger Team under this section. 

23 (3) REPORT ON COMPOSITION.—Not later than 

24 90 days after the date of the enactment of this Act, 

25 the Secretary shall submit to Congress a report set-
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1 ting forth the names of the personnel of the Depart2 ment assigned to the Tiger Team pursuant to this 

3 subsection, including the positions to which assigned. 

4 The report shall specify the name of the individual 

5 assigned as Tiger Team Leader. 

6 (b) DUTIES.— 

7 (1) IN GENERAL.—The Tiger Team shall con8 duct outreach to build awareness among veterans of 

9 the process established pursuant to section 527 of 

10 the National Defense Authorization Act for Fiscal 

11 Year 2020 for the review of discharge characteriza12 tions by appropriate discharge boards. 

13 (2) COLLABORATION.—In conducting activities 

14 under this subsection, the Tiger Team Leader shall 

15 identify appropriate external stakeholders with 

16 whom the Tiger Team shall work to carry out such 

17 activities. Such stakeholders shall include represent18 atives of veterans service organizations and such 

19 other stakeholders as the Tiger Team Leader con20 siders appropriate. 

21 (3) INITIAL REPORT.—Not later than 210 days 

22 after the date of the enactment of this Act, the Sec23 retary of Defense shall submit to Congress the fol24 lowing: 

25 (A) A plan setting forth the following: 
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1 (i) A description of the manner in 

2 which the Secretary, working through the 

3 Tiger Team and in collaboration with ex4 ternal stakeholders described in paragraph 

5 (2), shall identify individuals who meet the 

6 criteria in section 527(b) of the National 

7 Defense Authorization Act for Fiscal Year 

8 2020 for review of discharge characteriza9 tion. 

10 (ii) A description of the manner in 

11 which the Secretary, working through the 

12 Tiger Team and in collaboration with the 

13 external stakeholders, shall improve out14 reach to individuals who meet the criteria 

15 in section 527(b) of the National Defense 

16 Authorization Act for Fiscal Year 2020 for 

17 review of discharge characterization, in18 cluding through— 

19 (I) obtaining contact information 

20 on such individuals; and 

21 (II) contacting such individuals 

22 on the process established pursuant to 

23 section 527 of the National Defense 

24 Authorization Act for Fiscal Year 
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1 2020 for the review of discharge char2 acterizations. 

3 (B) A description of the manner in which 

4 the work described in clauses (i) and (ii) of sub5 paragraph (A) will be carried out, including an 

6 allocation of the work among the Tiger Team 

7 and the external stakeholders. 

8 (C) A schedule for the implementation, 

9 carrying out, and completion of the plan re10 quired under subparagraph (A). 

11 (D) A description of the additional fund12 ing, personnel, or other resources of the De13 partment required to carry out the plan re14 quired under subparagraph (A), including any 

15 modification of applicable statutory or adminis16 trative authorities. 

17 (4) IMPLEMENTATION OF PLAN.— 

18 (A) IN GENERAL.—The Secretary shall im19 plement and carry out the plan submitted under 

20 subparagraph (A) of paragraph (3) in accord21 ance with the schedule submitted under sub22 paragraph (C) of that paragraph. 

23 (B) UPDATES.—Not less frequently than 

24 once every 90 days after the submittal of the 

25 report under paragraph (3), the Tiger Team 
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1 shall submit to Congress an update on the car2 rying out of the plan submitted under subpara3 graph (A) of that paragraph. 

4 (5) FINAL REPORT.—Not later than 3 years 

5 after the date of the enactment of this Act, the 

6 Tiger Team shall submit to the Committees on 

7 Armed Services of the Senate and the House of Rep8 resentatives a final report on the activities of the 

9 Tiger Team under this subsection. The report shall 

10 set forth the following: 

11 (A) The number of individuals discharged 

12 under Don’t Ask, Don’t Tell or a similar policy 

13 prior to the enactment of Don’t Ask, Don’t 

14 Tell. 

15 (B) The number of individuals described in 

16 subparagraph (A) who availed themselves of a 

17 review of discharge characterization (whether 

18 through discharge review or correction of mili19 tary records) through a process established 

20 prior to the enactment of this Act. 

21 (C) The number of individuals contacted 

22 through outreach conducted pursuant to this 

23 section. 

24 (D) The number of individuals described in 

25 subparagraph (A) who availed themselves of a 
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1 review of discharge characterization through the 

2 process established pursuant to section 527 of 

3 the National Defense Authorization Act for Fis4 cal Year 2020. 

5 (E) The number of individuals described in 

6 subparagraph (D) whose review of discharge 

7 characterization resulted in a change of charac8 terization to honorable discharge. 

9 (F) The total number of individuals de10 scribed in subparagraph (A), including individ11 uals also covered by subparagraph (E), whose 

12 review of discharge characterization since Sep13 tember 20, 2011 (the date of repeal of Don’t 

14 Ask, Don’t Tell), resulted in a change of char15 acterization to honorable discharge. 

16 (6) TERMINATION.—On the date that is 60 

17 days after the date on which the final report re18 quired by paragraph (5) is submitted, the Secretary 

19 shall terminate the Tiger Team. 

20 (c) ADDITIONAL REPORTS.— 

21 (1) REVIEW.—The Secretary of Defense shall 

22 conduct a review of the consistency and uniformity 

23 of the reviews conducted pursuant to section 527 of 

24 the National Defense Authorization Act for Fiscal 

25 Year 2020. 
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1 (2) REPORTS.—Not later than 270 days after 

2 the date of the enactment of this Act, and each year 

3 thereafter for a four-year period, the Secretary shall 

4 submit to Congress a report on the reviews under 

5 paragraph (1). Such reports shall include any com6 ments or recommendations for continued actions. 

7 (d) DON’T ASK, DON’T TELL DEFINED.—In this sec8 tion, the term ‘‘Don’t Ask, Don’t Tell’’ means section 654 

9 of title 10, United States Code, as in effect before such 

10 section was repealed pursuant to the Don’t Ask, Don’t 

11 Tell Repeal Act of 2010 (Public Law 111–321). 

12 SEC. 537. DIVERSITY, EQUITY, AND INCLUSION PERSONNEL 

13 GRADE CAP. 

14 (a) IN GENERAL.—The Secretary concerned may not 

15 appoint to, or otherwise employ in, any position with sole 

16 duties as described in subsection (b) a military or civilian 

17 employee paid annual pay at a rate that exceeds the equiv18 alent of the rate payable for GS–10, not adjusted for local19 ity. 

20 (b) COVERED DUTIES.—The duties referred to in 

21 subsection (a) are as follows: 

22 (1) Developing, refining, and implementing di23 versity, equity, and inclusion policy. 
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1 (2) Leading working groups and councils to de2 veloping diversity, equity, and inclusion goals and 

3 objectives to measure performance and outcomes. 

4 (3) Creating and implementing diversity, equity, 

5 and inclusion education, training courses, and work6 shops for military and civilian personnel. 

7 (c) APPLICABILITY TO CURRENT EMPLOYEES.—Any 

8 military or civilian employee appointed to a position with 

9 duties described in subsection (b) who is paid annual pay 

10 at a rate that exceeds the amount allowed under sub11 section (a) shall be reassigned to another position not later 

12 than 180 days after the date of the enactment of this Act. 

13 Subtitle D—Military Justice and 

14 Other Legal Matters 

15 SEC. 541. ESTABLISHMENT OF STAGGERED TERMS FOR 

16 MEMBERS OF THE MILITARY JUSTICE RE17 VIEW PANEL. 

18 (a) APPOINTMENT TO STAGGERED TERMS.—Sub19 section (b) of section 946 of title 10, United States Code 

20 (article 146 of the Uniform Code of Military Justice), is 

21 amended by adding at the end the following new para22 graph: 

23 ‘‘(4) ESTABLISHMENT OF STAGGERED

24 TERMS.—Notwithstanding subsection (e), members 

25 of the Panel appointed to serve on the Panel to fill 
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1 vacancies that exist due to terms of appointment ex2 piring during the period beginning on August 1, 

3 2030, and ending on August 31, 2030, shall be ap4 pointed to terms as follows: 

5 ‘‘(A) Three members designated by the 

6 Secretary of Defense shall serve a term of two 

7 years. 

8 ‘‘(B) Three members designated by the 

9 Secretary of Defense shall serve a term of four 

10 years. 

11 ‘‘(C) Three members designated by the 

12 Secretary of Defense shall serve a term of six 

13 years. 

14 ‘‘(D) Four members designated by the Sec15 retary of Defense shall serve a term of eight 

16 years.’’. 

17 (b) TERM; VACANCIES.—Subsection (e) of such sec18 tion is amended to read as follows: 

19 ‘‘(e) TERM; VACANCIES.— 

20 ‘‘(1) TERM.—Subject to subsection (b)(4) and 

21 paragraphs (2) and (3) of this subsection, each 

22 member shall be appointed for a term of eight years, 

23 and no member may serve more than one term. 

24 ‘‘(2) VACANCY.—Any vacancy in the Panel shall 

25 be filled in the same manner as the original appoint-
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1 ment. A member appointed to fill a vacancy in the 

2 Panel that occurs before the expiration of the term 

3 of appointment of the predecessor of such member 

4 shall be appointed for the remainder of the term of 

5 such predecessor. 

6 ‘‘(3) AVAILABILITY OF REAPPOINTMENT FOR

7 CERTAIN MEMBERS.—Notwithstanding paragraph 

8 (1), a member of the Panel may be appointed to a 

9 single additional term if— 

10 ‘‘(A) the appointment of the member is to 

11 fill a vacancy described in subsection (b)(4); or 

12 ‘‘(B) the member was initially appointed 

13 to— 

14 ‘‘(i) a term of four years or less in ac15 cordance with subsection (b)(4); or 

16 ‘‘(ii) fill a vacancy that occurs before 

17 the expiration of the term of the prede18 cessor of such member and for which the 

19 remainder of the term of such predecessor 

20 is four years or less.’’. 

21 SEC. 542. TECHNICAL AND CONFORMING AMENDMENTS TO 

22 THE UNIFORM CODE OF MILITARY JUSTICE. 

23 (a) TECHNICAL AMENDMENT RELATING TO GUILTY

24 PLEAS FOR MURDER.—Section 918 of title 10, United 
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1 States Code (article 118 of the Uniform Code of Military 

2 Justice), is amended— 

3 (1) by striking ‘‘he’’ both places it appears and 

4 inserting ‘‘such person’’; and 

5 (2) in the matter following paragraph (4), by 

6 striking the period and inserting ‘‘, unless such per7 son is otherwise sentenced in accordance with a plea 

8 agreement entered into between the parties under 

9 section 853a (article 53a).’’. 

10 (b) TECHNICAL AMENDMENTS RELATING TO THE

11 MILITARY JUSTICE REFORMS IN THE NATIONAL DE12 FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022.— 

13 (1) ARTICLE 16.—Subsection (c)(2)(A) of sec14 tion 816 of title 10, United States Code (article 16 

15 of the Uniform Code of Military Justice), is amend16 ed by striking ‘‘by the convening authority’’. 

17 (2) ARTICLE 25.—Section 825 of title 10, 

18 United States Code (article 25 of the Uniform Code 

19 of Military Justice), is amended— 

20 (A) in subsection (d)— 

21 (i) in paragraph (1), by striking 

22 ‘‘may, after the findings are announced 

23 and before any matter is presented in the 

24 sentencing phase, request, orally on the 

25 record or in writing, sentencing by the 
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1 members’’ and inserting ‘‘shall be sen2 tenced by the military judge’’; and 

3 (ii) by amending paragraph (2) to 

4 read as follows: 

5 ‘‘(2) In a capital case, if the accused is con6 victed of an offense for which the court-martial may 

7 sentence the accused to death, the accused shall be 

8 sentenced in accordance with section 853(c) of this 

9 title (article 53(c)).’’; 

10 (B) in subsection (e)— 

11 (i) in paragraph (1), by striking 

12 ‘‘him’’ and inserting ‘‘the member being 

13 tried’’; and 

14 (ii) in paragraph (2)— 

15 (I) in the first sentence, by strik16 ing ‘‘his opinion’’ and inserting ‘‘the 

17 opinion of the convening authority’’; 

18 and 

19 (II) in the second sentence, by 

20 striking ‘‘he’’ and inserting ‘‘the mem21 ber’’; and 

22 (C) in subsection (f)— 

23 (i) by striking ‘‘his authority’’ and in24 serting ‘‘the authority of the convening au25 thority’’; and 
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1 (ii) by striking ‘‘his staff judge advo2 cate or legal officer’’ and inserting ‘‘the 

3 staff judge advocate or legal officer of the 

4 convening authority’’. 

5 (c) AUTHORITY OF SPECIAL TRIAL COUNSEL WITH

6 RESPECT TO CERTAIN OFFENSES OCCURRING BEFORE

7 EFFECTIVE DATE OF MILITARY JUSTICE REFORMS EN8 ACTED IN THE NATIONAL DEFENSE AUTHORIZATION ACT

9 FOR FISCAL YEAR 2022.— 

10 (1) AUTHORITY.—Section 824a of title 10, 

11 United States Code, as added by section 531 of the 

12 National Defense Authorization Act for Fiscal Year 

13 2022 (Public Law 117–81), is amended by adding at 

14 the end the following new subsection: 

15 ‘‘(d) SPECIAL TRIAL COUNSEL AUTHORITY OVER

16 CERTAIN OTHER OFFENSES.— 

17 ‘‘(1) OFFENSES OCCURRING BEFORE EFFEC18 TIVE DATE.—A special trial counsel may, at the sole 

19 and exclusive discretion of the special trial counsel, 

20 exercise authority over the following offenses: 

21 ‘‘(A) An offense under section 917a (arti22 cle 117a), 918 (article 118), section 919 (article 

23 119), section 920 (article 120), section 920b 

24 (article 120b), section 920c (article 120c), sec25 tion 928b (article 128b), or the standalone of-
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1 fense of child pornography punishable under 

2 section 934 (article 134) of this title that oc3 curred on or before December 27, 2023. 

4 ‘‘(B) An offense under section 925 (article 

5 125), section 930 (article 130), or section 932 

6 (article 132) of this title that occurred on or 

7 after January 1, 2019, and before December 

8 28, 2023. 

9 ‘‘(C) An offense under section 920a (arti10 cle 120a) of this title, an offense under section 

11 925 (article 125) of this title alleging an act of 

12 nonconsensual sodomy, or the standalone of13 fense of kidnapping punishable under section 

14 934 (article 134) of this title that occurred be15 fore January 1, 2019. 

16 ‘‘(D) A conspiracy to commit an offense 

17 specified in subparagraph (A), (B), or (C) as 

18 punishable under section 881 of this title (arti19 cle 81). 

20 ‘‘(E) A solicitation to commit an offense 

21 specified in subparagraph (A), (B), or (C) as 

22 punishable under section 882 of this title (arti23 cle 82). 

24 ‘‘(F) An attempt to commit an offense 

25 specified in subparagraph (A), (B), (C), (D), or 
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1 (E) as punishable under section 880 of this title 

2 (article 80). 

3 ‘‘(2) EFFECT OF EXERCISE OF AUTHORITY.— 

4 ‘‘(A) TREATMENT AS COVERED OF5 FENSE.—If a special trial counsel exercises au6 thority over an offense pursuant to paragraph 

7 (1), the offense over which the special trial 

8 counsel exercises authority shall be considered a 

9 covered offense for purposes of this chapter. 

10 ‘‘(B) KNOWN OR RELATED OFFENSES.—If 

11 a special trial counsel exercises authority over 

12 an offense pursuant to paragraph (1), the spe13 cial trial counsel may exercise the authority of 

14 the special trial counsel under subparagraph 

15 (B) of subsection (c)(2) with respect to other 

16 offenses described in that subparagraph without 

17 regard to the date on which the other offenses 

18 occur.’’. 

19 (2) CONFORMING AMENDMENT TO EFFECTIVE

20 DATE.—Section 539C(a) of the National Defense 

21 Authorization Act for Fiscal Year 2022 (10 U.S.C. 

22 801 note; Public Law 117–81) is amended by strik23 ing ‘‘and shall’’ and inserting ‘‘and, except as pro24 vided in section 824a(d) of title 10, United States 
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1 Code (article 24a of the Uniform Code of Military 

2 Justice), shall’’. 

3 (d) CLARIFICATION OF APPLICABILITY OF DOMESTIC

4 VIOLENCE AND STALKING TO DATING PARTNERS.— 

5 (1) ARTICLE 128B; DOMESTIC VIOLENCE.—Sec6 tion 928b of title 10, United States Code (article 

7 128b of the Uniform Code of Military Justice), is 

8 amended— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘Any person’’ and inserting ‘‘(A) IN

11 GENERAL.—Any person’’; 

12 (B) in subsection (a), as designated by 

13 paragraph (1) of this section, by inserting ‘‘a 

14 dating partner,’’ after ‘‘an intimate partner,’’ 

15 each place it appears; and 

16 (C) by adding at the end the following new 

17 subsection: 

18 ‘‘(b) DEFINITIONS.—In this section (article), the 

19 terms ‘dating partner’, ‘immediate family’, and ‘intimate 

20 partner’ have the meaning given such terms in section 930 

21 of this title (article 130 of the Uniform Code of Military 

22 Justice).’’. 

23 (2) ARTICLE 130; STALKING.—Section 930 of 

24 such title (article 130 of the Uniform Code of Mili25 tary Justice) is amended— 
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1 (A) in subsection (a), by striking ‘‘or to his 

2 or her intimate partner’’ each place it appears 

3 and inserting ‘‘to his or her intimate partner, 

4 or to his or her dating partner’’; and 

5 (B) in subsection (b)— 

6 (i) by redesignating paragraphs (3) 

7 through (5) as paragraphs (4) through (6), 

8 respectively; and 

9 (ii) by inserting after paragraph (2) 

10 the following new paragraph: 

11 ‘‘(3) The term ‘dating partner’, in the case of 

12 a specific person, means a person who is or has been 

13 in a social relationship of a romantic or intimate na14 ture with such specific person based on a consider15 ation of— 

16 ‘‘(A) the length of the relationship; 

17 ‘‘(B) the type of relationship; 

18 ‘‘(C) the frequency of interaction between 

19 the persons involved in the relationship; and 

20 ‘‘(D) the extent of physical intimacy or 

21 sexual contact between the persons involved in 

22 the relationship.’’. 

23 (e) EFFECTIVE DATE.—The amendments made by 

24 subsection (b) and subsection (c)(1) shall take effect im25 mediately after the coming into effect of the amendments 
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1 made by part 1 of subtitle D of title V of the National 

2 Defense Authorization Act for Fiscal Year 2022 (Public 

3 Law 117–81) as provided in section 539C of that Act (10 

4 U.S.C. 801 note). 

5 SEC. 543. ANNUAL REPORT ON INITIATIVE TO ENHANCE 

6 THE CAPABILITY OF MILITARY CRIMINAL IN7 VESTIGATIVE ORGANIZATIONS TO PREVENT 

8 AND COMBAT CHILD SEXUAL EXPLOITATION. 

9 In order to effectively carry out the initiative under 

10 section 550D of the National Defense Authorization Act 

11 for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 

12 1561 note prec.), the Secretary of Defense shall carry out 

13 the following actions: 

14 (1) Not later than 90 days after the date of the 

15 enactment of this Act, and annually thereafter, sub16 mit to the Committee on Armed Services of the Sen17 ate and the Committee on Armed Services of the 

18 House of Representatives an annual report on the 

19 progress of the initiative carried out under such sec20 tion, outlining specific actions taken and planned to 

21 detect, combat, and stop the use of the Department 

22 of Defense network to further online child sexual ex23 ploitation (CSE). 

24 (2) Develop partnerships and execute collabo25 rative agreements with functional experts, including 
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1 highly qualified national child protection organiza2 tions or law enforcement training centers with dem3 onstrated expertise in the delivery of law enforce4 ment training, to identify, investigate and prosecute 

5 individuals engaged in online CSE. 

6 (3) Establish mandatory training for Depart7 ment of Defense criminal investigative organizations 

8 and personnel at military installations to maintain 

9 capacity and address turnover and relocation issues. 

10 Subtitle E—Member Education, 

11 Training, Transition 

12 SEC. 551. FUTURE SERVICEMEMBER PREPARATORY 

13 COURSE. 

14 (a) REQUIREMENT.—If the number of nonprior serv15 ice enlisted personnel covered under section 520 of title 

16 10, United States Code, exceeds 10 percent of the total 

17 number of persons originally enlisted in an Armed Force 

18 during a fiscal year, the Secretary concerned shall estab19 lish a future servicemember preparatory course within the 

20 Armed Force concerned. 

21 (b) PURPOSE.—The course established under sub22 section (a) shall be designed to improve the physical and 

23 aptitude qualifications of military recruits. 

24 (c) CRITERIA.—Each course established under this 

25 section shall comply with the following requirements: 
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1 (1) ENROLLMENT.—All nonprior service en2 listed persons whose score on the Armed Forces 

3 Qualification Test is at or above the twentieth per4 centile and below the thirty-first percentile must be 

5 enrolled in the course prior to attending initial basic 

6 training. 

7 (2) GRADUATION REQUIREMENT.—Prior to at8 tending initial basic training, all enlisted persons at9 tending the course established under this section 

10 must achieve a score that exceeds the thirty-first 

11 percentile of the Armed Forces Qualification Test. 

12 (3) EFFECT OF COURSE FAILURE.—Any en13 listed person who fails to achieve course graduation 

14 requirements within 180 days of enlistment shall be 

15 separated under regulations prescribed by the Sec16 retary concerned. 

17 SEC. 552. DETERMINATION OF ACTIVE DUTY SERVICE COM18 MITMENT FOR RECIPIENTS OF FELLOW19 SHIPS, GRANTS, AND SCHOLARSHIPS. 

20 Section 2603(b) of title 10, United States Code, is 

21 amended by striking ‘‘at least three times the length of 

22 the period of the education or training.’’ and inserting 

23 ‘‘determined by the Secretary concerned. Notwithstanding 

24 sections 2004(c), 2004a(f), and 2004b(e) of this title, the 

25 service obligation required under this subsection may run 
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1 concurrently with any service obligations incurred under 

2 chapter 101 of this title in accordance with regulations 

3 established by the Secretary concerned.’’. 

4 SEC. 553. MILITARY SERVICE ACADEMY PROFESSIONAL 

5 SPORTS PATHWAY REPORT AND LEGISLA6 TIVE PROPOSAL REQUIRED. 

7 (a) LEGISLATIVE PROPOSAL.—Not later than March 

8 1, 2024, the Secretary of Defense shall submit to the 

9 Committees on Armed Services of the Senate and the 

10 House of Representatives a report including the following 

11 elements: 

12 (1) A legislative proposal that would— 

13 (A) update and clarify the legislative 

14 framework related to the ability of military 

15 service academy graduates to pursue employ16 ment as a professional athlete prior to serving 

17 at least 5 years on active duty; and 

18 (B) retain the existing requirement that all 

19 military service academy graduates must serve 

20 for 2 years on active duty before affiliating with 

21 the reserves to pursue employment as a profes22 sional athlete. 

23 (2) A description of amendments to current law 

24 that would be necessary to implement the legislative 

25 proposal described under paragraph (1). 
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1 (b) REPORT REQUIRED.—Not later than March 1, 

2 2024, and annually thereafter, the Secretary of Defense 

3 shall provide to the Committees on Armed Services of the 

4 Senate and the House of Representatives a report that 

5 includes the following information: 

6 (1) The name, military service, and sport of 

7 each military service graduate released or deferred 

8 from active service in order to participate in profes9 sional sports. 

10 (2) A description of the sports career progress 

11 of each participant, such as drafted, signed, re12 leased, or returned to military service. 

13 (3) A summary by participant of marketing 

14 strategy and recruiting related activities conducted. 

15 (4) A description by participant of the assess16 ments conducted by the military services to deter17 mine the recruiting value associated with approved 

18 releases from active duty. 

19 (5) The current status of each participant, in20 cluding, as appropriate, affiliated franchise. 

21 SEC. 554. COMMUNITY COLLEGE ENLISTED TRAINING 

22 CORPS DEMONSTRATION PROGRAM. 

23 (a) DEMONSTRATION PROGRAM.— 

24 (1) IN GENERAL.—Not later than August 1, 

25 2025, the Secretary concerned shall establish within 
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1 each military department an Enlisted Training 

2 Corps demonstration program for the purpose of in3 troducing students to the military, and preparing se4 lected students for enlisted service in the Army, 

5 Navy, Air Force, Marine Corps, or Space Force. 

6 (2) LOCATION.—Demonstration programs es7 tablished under this section shall be located at a 

8 community or junior college. No program may be es9 tablished at a military college or military junior col10 lege as defined for purposes of section 2107a of title 

11 10, United States Code. 

12 (b) ELIGIBILITY FOR MEMBERSHIP.—To be eligible 

13 for membership in a program under this section, a person 

14 must be a student at an institution where a unit of the 

15 Enlisted Training Corps is located. 

16 (c) INSTRUCTORS.—The Secretary concerned may as17 sign as an instructor for a unit established under this sec18 tion an individual eligible to serve as an instructor under 

19 section 2111 or section 2031 of title 10, United States 

20 Code. Instructors who are not currently members on active 

21 duty shall be paid in a manner consistent with section 

22 2031 of title 10, United States Code. 

23 (d) FINANCIAL ASSISTANCE.—The Secretary of the 

24 military department concerned may provide financial as25 sistance to persons enrolled in a unit of the Enlisted 
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1 Training Corps in exchange for an agreement in writing 

2 that the person enlist in the active component of the mili3 tary department concerned upon graduation or 

4 disenrollment from the community college. Financial as5 sistance provided under this subsection may include tui6 tion, living expenses, stipend, or other payment. 

7 (e) CURRICULUM.—The Secretary concerned shall 

8 ensure that any programs created under this section in9 clude as part of the curriculum the following: 

10 (1) An introduction to the benefits of military 

11 service. 

12 (2) Military history. 

13 (3) Military customs and courtesies. 

14 (4) Physical fitness requirements. 

15 (5) Instruction on ethical behavior and decision16 making. 

17 (f) REPORTING REQUIREMENT.—Not later than one 

18 year after the date of the enactment of this Act, and annu19 ally thereafter until the date specified by subsection (g), 

20 the Secretary of Defense shall submit to the Committees 

21 on Armed Services of the Senate and the House of Rep22 resentatives a report on the status of the demonstration 

23 program required by this section. 

24 (g) SUNSET.—The requirements of this provision 

25 shall sunset on September 30, 2030. 
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1 SEC. 555. LANGUAGE TRAINING CENTERS FOR MEMBERS 

2 OF THE ARMED FORCES AND CIVILIAN EM3 PLOYEES OF THE DEPARTMENT OF DEFENSE. 

4 Section 529 of the National Defense Authorization 

5 Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 

6 2001 note prec.) is amended— 

7 (1) in subsection (a), by striking ‘‘may carry 

8 out a program’’ and inserting ‘‘shall carry out a pro9 gram’’; 

10 (2) by redesignating subsection (e) as sub11 section (f); 

12 (3) by inserting after subsection (d) the fol13 lowing new subsection: 

14 ‘‘(e) CONTRACT AUTHORITY.—The Secretary of De15 fense may enter into one or more contracts, cooperative 

16 agreements, or grants with private national organizations 

17 having an expertise in foreign languages, area studies, and 

18 other international fields, for the awarding of grants to 

19 accredited universities, senior military colleges, or other 

20 similar institutions of higher education to establish and 

21 maintain language training centers authorized by sub22 section (a).’’; and 

23 (4) in subsection (f), as redesignated by para24 graph (2)— 

25 (A) by striking ‘‘one year after the date of 

26 the establishment of the program authorized by 
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1 subsection (a)’’ and inserting ‘‘180 days after 

2 the date of the enactment of the National De3 fense Authorization Act for Fiscal Year 2024’’; 

4 (B) by striking ‘‘report on the program’’ 

5 and inserting ‘‘report on the Language Train6 ing Center program’’; 

7 (C) by redesignating paragraph (4) as 

8 paragraph (5); 

9 (D) by inserting after paragraph (3) the 

10 following new paragraph: 

11 ‘‘(4) An assessment of the resources required to 

12 carry out the Language Training Center program by 

13 year through fiscal year 2027.’’; and 

14 (E) in paragraph (5), as redesignated by 

15 subparagraph (C), by striking ‘‘A recommenda16 tion whether the program should be continued 

17 and, if so, recommendations as to any modifica18 tions of the program’’ and inserting ‘‘Rec19 ommendations as to any modifications to the 

20 Language Training Center program’’. 

21 SEC. 556. LIMITATION ON AVAILABILITY OF FUNDS FOR RE22 LOCATION OF ARMY CID SPECIAL AGENT 

23 TRAINING COURSE. 

24 (a) LIMITATION.—None of the funds authorized to 

25 be appropriated by this Act for fiscal year 2024 for the 
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1 Army to relocate an Army CID special agent training 

2 course may be obligated or expended until— 

3 (1) the Secretary of the Army submits to the 

4 Committees on Armed Services of the Senate and 

5 the House of Representatives a separate report on 

6 any plans of the Secretary to relocate an Army CID 

7 special agent training course, including an expla8 nation of the business case for any transfer of train9 ing personnel proposed as part of such plan; and 

10 (2) the Secretary provides to the Committees on 

11 Armed Services of the Senate and the House of Rep12 resentatives a briefing on the contents of the report 

13 specified in paragraph (1). 

14 (b) DEFINITIONS.—In this section: 

15 (1) The term ‘‘relocate’’, when used with re16 spect to an Army CID special agent training course, 

17 means the transfer of such course to a location dif18 ferent than the location used for such course as of 

19 the date of the enactment of this Act. 

20 (2) The term ‘‘Army CID special agent training 

21 course’’ means a training course provided to mem22 bers of the Army to prepare such members for serv23 ice as special agents in the Army Criminal Investiga24 tion Division. 
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1 SEC. 557. ARMY PHYSICAL FITNESS TEST. 

2 (a) IN GENERAL.—The physical fitness test of record 

3 for the United States Army in compliance with Depart4 ment of Defense Instruction 1308.03, or any successor 

5 regulation, is the Army Physical Fitness Test according 

6 to the grading and evaluation scale as it existed on Janu7 ary 1, 2020. This test shall be the baseline test of physical 

8 fitness for members of the Army and administered at least 

9 annually, except when operational requirements or contin10 gency operations would make such test administration im11 practicable. 

12 (b) UPDATES AND MODIFICATIONS.—Notwith13 standing subsection (a), the Army may update, replace, 

14 or modify the events and scoring standards in the Army 

15 Physical Fitness Test as the needs of the Army require 

16 after a robust pilot and testing period of at least 24 

17 months. Such modifications shall not take effect until the 

18 date that is one year after the Secretary of the Army has 

19 provided a briefing on the planned changes to the Commit20 tees on Armed Services of the Senate and the House of 

21 Representatives. 

22 (c) RULE OF CONSTRUCTION.—Nothing in this sec23 tion prohibits the Army from using the Army Combat Fit24 ness Test, or any other physical assessment the Army may 

25 develop, as a supplemental tool to assess physical fitness 

26 for all or parts of the force. Army Commanders may also 
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1 require higher standards than the Army-wide grading 

2 scale for promotions, awards, schools and similar actions. 

3 Such supplemental assessment shall not constitute the 

4 baseline physical fitness assessment of record for the 

5 Army unless it is incorporated into the Army Physical Fit6 ness Test using the procedure described in subsection (b). 

7 SEC. 558. OPT-OUT SHARING OF INFORMATION ON MEM8 BERS RETIRING OR SEPARATING FROM THE 

9 ARMED FORCES WITH COMMUNITY-BASED 

10 ORGANIZATIONS AND RELATED ENTITIES. 

11 Section 570F of the National Defense Authorization 

12 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 

13 1142 note) is amended— 

14 (1) in subsection (c)— 

15 (A) by striking ‘‘out the form to indicate 

16 an email address’’ and inserting the following: 

17 ‘‘out the form to indicate— 

18 ‘‘(1) an email address; and’’; and 

19 (B) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) if the individual would like to opt-out of 

22 the transmittal of the individual’s information to 

23 and through a State veterans agency as described in 

24 subsection (a).’’; and 
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1 (2) by amending subsection (d) to read as fol2 lows: 

3 ‘‘(d) OPT-OUT OF INFORMATION SHARING.—Infor4 mation on an individual shall be transmitted to and 

5 through a State veterans agency as described in subsection 

6 (a) unless the individual indicates pursuant to subsection 

7 (c)(2) that the individual would like to opt out of such 

8 transmittal.’’. 

9 SEC. 559. ESTABLISHMENT OF PROGRAM TO PROMOTE 

10 PARTICIPATION OF FOREIGN STUDENTS IN 

11 THE SENIOR RESERVE OFFICERS’ TRAINING 

12 CORPS. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—Not later than January 1, 

15 2025, the Secretary of Defense shall establish a pro16 gram using the authority provided under section 

17 2103(b) of title 10, United States Code, to promote 

18 the participation of foreign students in the Senior 

19 Reserve Officers’ Training Corps (in this section re20 ferred to as the ‘‘Program’’). 

21 (2) ORGANIZATION.—The Secretary of Defense, 

22 in consultation with the Director of the Defense Se23 curity Cooperation Agency, the Secretaries of the 

24 military departments, the commanders of the com25 batant commands, the participant institutions in the 
221 

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1 Senior Reserve Officers’ Training Corps program, 

2 and any other individual the Secretary of Defense 

3 considers appropriate, shall be responsible for, and 

4 shall oversee, the Program. 

5 (b) OBJECTIVE.—The objective of the Program is to 

6 promote the readiness and interoperability of the United 

7 States Armed Forces and the military forces of partner 

8 countries by providing a high-quality, cost effective mili9 tary-based educational experience for foreign students in 

10 furtherance of the military-to-military program objectives 

11 of the Department of Defense and to enhance the edu12 cational experience and preparation of future United 

13 States military leaders through increased, extended inter14 action with highly qualified potential foreign military lead15 ers. 

16 (c) ACTIVITIES.— 

17 (1) IN GENERAL.—Under the Program, the 

18 Secretary of Defense shall— 

19 (A) identify to the military services’ Senior 

20 Reserve Officers’ Training Corps program the 

21 foreign students who, based on criteria estab22 lished by the Secretary, the Secretary rec23 ommends be considered for admission under the 

24 Program; 
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1 (B) coordinate with partner countries to 

2 evaluate interest in and promote awareness of 

3 the Program; 

4 (C) establish a mechanism for tracking an 

5 alumni network of foreign students who partici6 pate in the Program; and 

7 (D) to the extent practicable, work with 

8 the participant institutions in the Senior Re9 serve Officers’ Training Corps program and 

10 partner countries to identify academic institu11 tions and programs that— 

12 (i) have specialized academic pro13 grams in areas of study of interest to par14 ticipating countries; or 

15 (ii) have high participation from or 

16 significant diaspora populations from par17 ticipating countries. 

18 (d) STRATEGY.— 

19 (1) IN GENERAL.—Not later than September 

20 30, 2024, the Secretary of Defense shall submit to 

21 the Committee on Armed Services of the Senate and 

22 the Committee on Armed Services of the House of 

23 Representatives a strategy for the implementation of 

24 the Program. 
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1 (2) ELEMENTS.—The strategy required by 

2 paragraph (1) shall include the following elements: 

3 (A) A governance structure for the Pro4 gram, including— 

5 (i) the officials tasked to oversee the 

6 Program; 

7 (ii) the format of the governing body 

8 of the Program; 

9 (iii) the functions and duties of such 

10 governing body with respect to establishing 

11 and maintaining the Program; and 

12 (iv) mechanisms for coordinating with 

13 partner countries whose students are se14 lected to participate in the Program. 

15 (B) A list of additional authorities, appro16 priations, or other congressional support nec17 essary to ensure the success of the Program. 

18 (C) A description of targeted partner coun19 tries and participant institutions in the Senior 

20 Reserve Officers’ Training Corps for the first 

21 three fiscal years of the Program, including a 

22 rationale for selecting such initial partners. 

23 (D) A description of opportunities and po24 tential timelines for future Program expansion, 

25 as appropriate. 
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1 (E) A description of the mechanism for 

2 tracking the alumni network of participants of 

3 the Program. 

4 (F) Any other information the Secretary of 

5 Defense considers appropriate. 

6 (e) REPORT.— 

7 (1) IN GENERAL.—Not later than September 

8 20, 2025, and annually thereafter, the Secretary of 

9 Defense shall submit to the congressional defense 

10 committees (as defined in section 101 of title 10, 

11 United States Code) a report on the Program. 

12 (2) ELEMENTS.—Each report required by para13 graph (1) shall include the following elements: 

14 (A) A narrative summary of activities con15 ducted as part of the Program during the pre16 ceding fiscal year. 

17 (B) An overview of participant Senior Re18 serve Officers’ Training Corps programs, indi19 viduals, and countries, to include a description 

20 of the areas of study entered into by the stu21 dents participating in the Program. 

22 (C) A description of opportunities and po23 tential timelines for future Program expansion, 

24 as appropriate. 
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1 (D) Any other information the Secretary of 

2 Defense considers appropriate. 

3 (f) LIMITATION ON AUTHORITY.—The Secretary of 

4 Defense may not use the authority provided under this 

5 section to pay for tuition or room and board for foreign 

6 students who participate in the Program. 

7 (g) TERMINATION.—The Program shall terminate on 

8 December 31, 2029. 

9 SEC. 560. CONSIDERATION OF STANDARDIZED TEST 

10 SCORES IN MILITARY SERVICE ACADEMY AP11 PLICATION PROCESS. 

12 The Secretary of Defense shall ensure that the 

13 United States Military Academy, the United States Naval 

14 Academy, and the United States Air Force Academy re15 quire the submission and consideration of standardized 

16 test scores as part of the their application processes. 

17 SEC. 560A. EXTENSION OF TROOPS FOR TEACHERS PRO18 GRAM TO THE JOB CORPS. 

19 Section 1154 of title 10, United States Code, is 

20 amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (2)— 

23 (i) in subparagraph (A)(ii), by strik24 ing ‘‘; or’’ and inserting s semicolon; 
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1 (ii) in subparagraph (B), by striking 

2 the period at the end and inserting ‘‘; or’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing new subparagraph: 

6 ‘‘(C) a Job Corps center as defined in sec7 tion 147 of the Workforce Innovation and Op8 portunity Act (29 U.S.C. 3197).’’; and 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (B), by striking ‘‘; 

11 or’’ and inserting s semicolon; 

12 (ii) in subparagraph (C), by striking 

13 the period at the end and inserting ‘‘; or’’; 

14 and 

15 (iii) by adding at the end the fol16 lowing new subparagraph: 

17 ‘‘(D) a Job Corps center as defined in sec18 tion 147 of the Workforce Innovation and Op19 portunity Act (29 U.S.C. 3197).’’; 

20 (2) in subsection (d)(4)(A)(ii), by inserting ‘‘or 

21 Job Corps centers’’ after ‘‘secondary schools’’; and 

22 (3) in subsection (e)(2)(E), by inserting ‘‘or 

23 Job Corps center’’ after ‘‘secondary school’’. 
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1 Subtitle F—Military Family Readi2 ness and Dependents’ Education 

3 SEC. 561. PILOT PROGRAM ON RECRUITMENT AND RETEN4 TION OF EMPLOYEES FOR CHILD DEVELOP5 MENT PROGRAMS. 

6 (a) IN GENERAL.—The Secretary of Defense may de7 velop and implement a pilot program to assess the effec8 tiveness of increasing compensation for employees of child 

9 development programs on military installations in improv10 ing the ability of such programs to recruit and retain such 

11 employees. 

12 (b) COMPENSATION.—If the Secretary implements 

13 the pilot program authorized by subsection (a), the Sec14 retary shall provide for the payment of compensation to 

15 employees of child development programs under the pilot 

16 program at a fair and competitive wage in keeping with 

17 market conditions. 

18 (c) SELECTION OF LOCATIONS.— 

19 (1) IN GENERAL.—If the Secretary implements 

20 the pilot program authorized by subsection (a), the 

21 Secretary shall select not fewer than five military in22 stallations for purposes of carrying out the pilot pro23 gram. 

24 (2) CONSIDERATIONS.—In selecting military in25 stallations under paragraph (1), the Secretary shall 
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1 consider military installations with child development 

2 programs— 

3 (A) with a shortage of qualified employees; 

4 or 

5 (B) subject to other conditions identified 

6 by the Secretary that affect the ability of the 

7 programs to operate at full capacity. 

8 (d) REGULATIONS.—The Secretary may prescribe 

9 such regulations as are necessary to carry out this section. 

10 (e) DURATION OF PILOT PROGRAM.—If the Sec11 retary implements the pilot program authorized by sub12 section (a), the pilot program shall— 

13 (1) commence on the date on which the Sec14 retary prescribes regulations under subsection (d); 

15 and 

16 (2) terminate on the date that is 3 years after 

17 the date described in paragraph (1). 

18 (f) BRIEFINGS REQUIRED.— 

19 (1) INITIAL BRIEFING.—If the Secretary imple20 ments the pilot program authorized by subsection 

21 (a), the Secretary shall, when the pilot program 

22 commences in accordance with subsection (e)(1), 

23 brief the Committees on Armed Services of the Sen24 ate and the House of Representatives on— 
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1 (A) the military installations selected 

2 under subsection (c) for purposes of carrying 

3 out the pilot program; and 

4 (B) the data that informed those selec5 tions. 

6 (2) FINAL BRIEFING.—If the Secretary imple7 ments the pilot program authorized by subsection 

8 (a), the Secretary shall, not later than 180 days be9 fore the pilot program terminates in accordance with 

10 subsection (e)(2), brief the Committees on Armed 

11 Services of the Senate and the House of Representa12 tives on the outcomes and findings of the pilot pro13 gram, including— 

14 (A) data collected and analyses conducted 

15 under the pilot program with respect to the re16 lationship between increased compensation for 

17 employees of child development programs and 

18 improved recruitment or retention of those em19 ployees; and 

20 (B) any recommendations with respect to 

21 increases in compensation for employees of 

22 child development programs across the Depart23 ment of Defense as a result of the pilot pro24 gram. 
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1 (g) CHILD DEVELOPMENT PROGRAM DEFINED.—In 

2 this section, the term ‘‘child development program’’ means 

3 a program to provide child care services for children, be4 tween birth through 12 years of age, of members of the 

5 Armed Forces and civilian employees of the Department 

6 of Defense. 

7 SEC. 562. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL 

8 AGENCIES THAT BENEFIT DEPENDENTS OF 

9 MILITARY AND CIVILIAN PERSONNEL. 

10 (a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL

11 EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS

12 OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT

13 OF DEFENSE CIVILIAN EMPLOYEES.— 

14 (1) ASSISTANCE TO SCHOOLS WITH SIGNIFI15 CANT NUMBERS OF MILITARY DEPENDENT STU16 DENTS.—Of the amount authorized to be appro17 priated for fiscal year 2024 by section 301 and 

18 available for operation and maintenance for Defense19 wide activities as specified in the funding table in 

20 section 4301, $50,000,000 shall be available only for 

21 the purpose of providing assistance to local edu22 cational agencies under subsection (a) of section 572 

23 of the National Defense Authorization Act for Fiscal 

24 Year 2006 (Public Law 109–163; 20 U.S.C. 7703b). 
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1 (2) LOCAL EDUCATIONAL AGENCY DEFINED.— 

2 In this subsection, the term ‘‘local educational agen3 cy’’ has the meaning given that term in section 

4 7013(9) of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 7713(9)). 

6 (b) IMPACT AID FOR CHILDREN WITH SEVERE DIS7 ABILITIES.— 

8 (1) IN GENERAL.—Of the amount authorized to 

9 be appropriated for fiscal year 2024 pursuant to sec10 tion 301 and available for operation and mainte11 nance for Defense-wide activities as specified in the 

12 funding table in section 4301, $10,000,000 shall be 

13 available for payments under section 363 of the 

14 Floyd D. Spence National Defense Authorization 

15 Act for Fiscal Year 2001 (as enacted into law by 

16 Public Law 106–398; 114 Stat. 1654A–77; 20 

17 U.S.C. 7703a). 

18 (2) ADDITIONAL AMOUNT.—Of the amount au19 thorized to be appropriated for fiscal year 2024 pur20 suant to section 301 and available for operation and 

21 maintenance for Defense-wide activities as specified 

22 in the funding table in section 4301, $20,000,000 

23 shall be available for use by the Secretary of Defense 

24 to make payments to local educational agencies de-
232 

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1 termined by the Secretary to have higher concentra2 tions of military children with severe disabilities. 

3 (3) REPORT.—Not later than March 31, 2024, 

4 the Secretary shall brief the Committees on Armed 

5 Services of the Senate and the House of Representa6 tives on the Department’s evaluation of each local 

7 educational agency with higher concentrations of 

8 military children with severe disabilities and subse9 quent determination of the amounts of impact aid 

10 each such agency shall receive. 

11 SEC. 563. MODIFICATIONS TO ASSISTANCE TO LOCAL EDU12 CATIONAL AGENCIES THAT BENEFIT DE13 PENDENTS OF MEMBERS OF THE ARMED 

14 FORCES WITH ENROLLMENT CHANGES DUE 

15 TO BASE CLOSURES, FORCE STRUCTURE 

16 CHANGES, OR FORCE RELOCATIONS. 

17 (a) IN GENERAL.—Section 575 of the James M. 

18 Inhofe National Defense Authorization Act for Fiscal Year 

19 2023 (20 U.S.C. 7703d) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘year, the local educational 

22 agency’’ and all that follows through ‘‘(as deter23 mined’’ and inserting ‘‘year, the local edu24 cational agency had (as determined’’; 

25 (B) by striking paragraph (2); 
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1 (C) by redesignating subparagraphs (A) 

2 and (B) as paragraphs (1) and (2), respectively, 

3 and by moving such paragraphs, as so redesig4 nated, two ems to the left; and 

5 (D) in paragraph (2), as redesignated by 

6 subparagraph (C), by striking ‘‘; or’’ and insert7 ing a period; 

8 (2) in subsection (f)— 

9 (A) by striking ‘‘The Secretary of De10 fense’’ and inserting the following: 

11 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

12 acting through the Director of the Office of Local 

13 Defense Community Cooperation,’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(2) METHOD OF DISBURSEMENT.—The Direc16 tor shall make disbursements under paragraph (1) 

17 using existing authorities of the Office.’’; 

18 (3) by striking subsection (h); and 

19 (4) by redesignating subsections (i) and (j) as 

20 subsections (h) and (i), respectively. 

21 (b) BRIEFING REQUIRED.—Not later than March 1, 

22 2024, the Director of the Office of Local Defense Commu23 nity Cooperation shall brief the Committees of the Armed 

24 Services of the Senate and the House of Representatives 

25 on— 
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1 (1) any additional authorities that would be 

2 helpful to the Office in its efforts to better support 

3 local educational agencies; and 

4 (2) any actions taken to implement the rec5 ommendations outlined in the March 2008 report 

6 entitled ‘‘Update to the Report on Assistance to 

7 Local Educational Agencies for Defense Dependents 

8 Education’’ and required by section 574(c) of the 

9 John Warner National Defense Authorization Act 

10 for Fiscal Year 2007 (Public Law 109–364; 120 

11 Stat. 2227) (as in effect on the date of the enact12 ment of that Act). 

13 SEC. 564. ASSISTANCE FOR MILITARY SPOUSES TO OBTAIN 

14 DOULA CERTIFICATIONS. 

15 Section 1784a of title 10, United States Code, is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(f) DOULA CERTIFICATIONS.—In carrying out the 

19 programs authorized by subsection (a), the Secretary shall 

20 provide assistance to the spouse of a member of the armed 

21 forces described in subsection (b) in obtaining a doula cer22 tification provided by an organization that receives reim23 bursement under the extramedical maternal health pro24 viders demonstration project required by section 746 of 

25 the William M. (Mac) Thornberry National Defense Au-
235 

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1 thorization Act for Fiscal Year 2021 (Public Law 116– 

2 283; 10 U.S.C. 1073 note).’’. 

3 Subtitle G—Junior Reserve 

4 Officers’ Training Corps 

5 SEC. 571. EXPANSION OF JUNIOR RESERVE OFFICERS’ 

6 TRAINING CORPS. 

7 Section 2031 of title 10, United States Code, is 

8 amended— 

9 (1) in subsection (a)(1)— 

10 (A) by striking ‘‘The President shall pro11 mulgate’’ and inserting ‘‘The Secretary of De12 fense shall promulgate’’; and 

13 (B) by striking ‘‘maintained, and shall pro14 vide’’ and all that follows through the period at 

15 the end and inserting ‘‘maintained.’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(g)(1) The Secretary of Defense shall establish and 

19 support not less than 3,400, and not more than 4,000, 

20 units of the Junior Reserve Officers’ Training Corps. 

21 ‘‘(2) The requirement under paragraph (1) shall not 

22 apply— 

23 ‘‘(A) if the Secretary fails to receive an ade24 quate number of requests for Junior Reserve Offi-
236 

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1 cer’s Training Corps units by public and private sec2 ondary educational institutions; and 

3 ‘‘(B) during a time of national emergency when 

4 the Secretaries of the military departments deter5 mine that funding must be allocated elsewhere.’’. 

6 SEC. 572. JROTC PROGRAM CERTIFICATION. 

7 Section 2031 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(i)(1) The Secretary of Defense may suspend or 

11 place on probation a Junior Reserve Officers’ Training 

12 Corps unit that fails to comply with provisions of the 

13 standardized memorandum of understanding required 

14 pursuant to subsection (b). 

15 ‘‘(2) Not later than one year after the date of the 

16 enactment of this subsection, and annually thereafter for 

17 four years, the Secretary of Defense shall submit to the 

18 Committee on Armed Services of the Senate and the Com19 mittee on Armed Services of the House of Representatives 

20 a report including information on units suspended or 

21 placed on probation pursuant to this subsection and a jus22 tification for the reinstatement of any such unit. 

23 ‘‘(3) A unit may be placed on probation for a period 

24 of up to three years for failing to comply with the provi25 sions of the standardized memorandum of understanding 
237 

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1 or any other requirement in this section. A unit may be 

2 suspended if, after the three-year probationary period, 

3 such unit remains out of compliance with the requirements 

4 of this section, and the Secretary of the military depart5 ment concerned determines that such suspension is nec6 essary to mitigate program deficiencies or to protect the 

7 safety of program participants.’’. 

8 SEC. 573. MEMORANDUM OF UNDERSTANDING REQUIRED. 

9 Section 2031(b) of title 10, United States Code, is 

10 amended— 

11 (1) by redesignating paragraphs (1) through 

12 (5) as subparagraphs (A) through (E); 

13 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

14 (3) in subparagraph (A), as redesignated by 

15 paragraph (1)— 

16 (A) by striking ‘‘(A)’’ and inserting ‘‘(i)’’; 

17 and 

18 (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; 

19 (4) by amending subparagraph (E), as so redes20 ignated, to read as follows: ‘‘the unit meets such 

21 other requirements as the Secretary of the military 

22 department concerned proscribes in the memo23 randum of understanding required under this sub24 section.’’; and 
238 

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1 (5) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) The Secretary of Defense shall issue regulations 

4 establishing a standardized memorandum of under5 standing to be signed by the Secretary of the military de6 partment concerned and each institution operating a unit 

7 under this section. The memorandum shall address the fol8 lowing matters: 

9 ‘‘(A) A requirement for institutions to notify 

10 the appropriate armed force of allegations of mis11 conduct against an instructor receiving retired or 

12 other pay from such armed force, including proce13 dures that would require such institutions to report 

14 allegations of sexual misconduct, including harass15 ment, against an instructor, within 48 hours of 

16 learning of such allegations; 

17 ‘‘(B) Processes by which the military depart18 ments certify instructors, including the conduct of 

19 appropriate background checks by the military serv20 ice and the institution concerned. 

21 ‘‘(C) Processes by which the military service 

22 will conduct oversight of their certified instructors, 

23 including the requirement to recertify instructors not 

24 less often than once every five years. 
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1 ‘‘(D) Processes by which such institution’s pro2 gram will be inspected by the military department 

3 concerned prior to establishment of a new unit, or 

4 not less often than once every four years in the case 

5 of units existing as of January 1, 2024, staggered 

6 as the Secretary determines appropriate. 

7 ‘‘(E) A requirement that each institution cer8 tifies it— 

9 ‘‘(i) has created a process for students to 

10 report violations of their rights under title IX 

11 of the Education Amendments of 1972 (20 

12 U.S.C. 1681 et seq.), as applicable, and title VI 

13 of the Civil Rights Act of 1964 (42 U.S.C. 

14 2000d et seq.), including the rights of students 

15 to not be subject to discrimination or subject to 

16 retaliation for reporting a violation of those 

17 laws, if such laws apply to the institution; 

18 ‘‘(ii) has implemented policies ensuring 

19 students and instructors are notified of those 

20 rights, as well as the process for reporting vio21 lations of those rights, including information on 

22 available mandatory reporters, if such laws 

23 apply to the institution; 
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1 ‘‘(iii) has implemented annual training to 

2 inform students of methods to prevent, respond 

3 to, and report sexual assault and harassment; 

4 ‘‘(iv) agrees to report all allegations of vio5 lations described under this subparagraph to 

6 the military department concerned and, if sub7 ject to the jurisdiction of the Department of 

8 Education, the Department of Education’s Of9 fice of Civil Rights not less often than annually; 

10 ‘‘(v) has developed processes to ensure that 

11 each student enrolled in a unit under this sec12 tion has done so voluntarily; and 

13 ‘‘(vi) agrees to provide the data necessary 

14 to compile the report required under subsection 

15 (j).’’. 

16 SEC. 574. JUNIOR RESERVE OFFICERS’ TRAINING CORPS 

17 INSTRUCTOR COMPENSATION. 

18 Section 2031 of title 10, United States Code, is 

19 amended— 

20 (1) by amending subsection (d) to read as fol21 lows: 

22 ‘‘(d)(1) Instead of, or in addition to, detailing officers 

23 and noncommissioned officers on active duty under sub24 section (c)(1), the Secretary of the military department 
241 

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1 concerned may authorize qualified institutions to employ, 

2 as administrators and instructors in the program— 

3 ‘‘(A) retired officers and noncommissioned offi4 cers whose qualifications are approved by the Sec5 retary and the institution concerned and who re6 quest such employment; 

7 ‘‘(B) officers and noncommissioned officers who 

8 are separated with an honorable discharge within the 

9 past 5 years with at least 8 years of service and are 

10 approved by the Secretary and the institution con11 cerned and who request such employment; or 

12 ‘‘(C) officers and noncommissioned officers who 

13 are active participating members of the selected re14 serve at the time of application, for purposes of sec15 tion 101(d) of this title, and have not yet reached 

16 retirement eligibility and are approved by the Sec17 retary and the institution concerned and who re18 quest such employment. 

19 ‘‘(2) Employment under this subsection shall be sub20 ject to the following conditions: 

21 ‘‘(A) The Secretary concerned shall pay to the 

22 institution an amount equal to one-half of the De23 partment’s prescribed JROTC Standardized Instruc24 tor Pay Scale (JSIPS) amount paid to the member 

25 by the institution for any period. 
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1 ‘‘(B) The Secretary concerned may pay to the 

2 institution more than one-half of the amount paid to 

3 the member by the institution if (as determined by 

4 the Secretary)— 

5 ‘‘(i) the institution is in an educationally 

6 and economically deprived area; and 

7 ‘‘(ii) the Secretary determines that such 

8 action is in the national interest. 

9 ‘‘(C) Payments by the Secretary concerned 

10 under this subsection shall be made from funds ap11 propriated for that purpose. 

12 ‘‘(D) The Secretary concerned may require suc13 cessful applicants to transfer to the Individual 

14 Ready Reserve (IRR).’’; 

15 (2) by striking subsections (e) and (f); and 

16 (3) by redesignating subsections (g) and (h) as 

17 subsections (e) and (f), respectively. 

18 SEC. 575. ANNUAL REPORT ON ALLEGATIONS OF SEXUAL 

19 MISCONDUCT IN JROTC PROGRAMS. 

20 Section 2031 of title 10, United States Code, as 

21 amended by section 572 of this Act, is further amended 

22 by adding at the end the following new subsection: 

23 ‘‘(j)(1) Not later than March 31, 2024, and annually 

24 thereafter through March 31, 2029, the Secretary of De25 fense shall submit to Committees on Armed Services of 
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1 the Senate and the House of Representatives a report on 

2 allegations of sexual misconduct, sexual harassment, and 

3 sex discrimination in JROTC programs during the pre4 ceding year. 

5 ‘‘(2) Each report required under paragraph (1) shall 

6 set forth the following: 

7 ‘‘(A) The number of reported allegations of vio8 lations under title IX of the Education Amendments 

9 of 1972 (20 U.S.C. 1681 et seq.) in school-affiliated 

10 JROTC programs, including— 

11 ‘‘(i) the number of such reported allega12 tions that were investigated; 

13 ‘‘(ii) the outcome of those investigations; 

14 and 

15 ‘‘(iii) the number of such reported allega16 tions by State, the District of Columbia, or 

17 overseas location where these reports occurred. 

18 ‘‘(B) The number of reports that the Depart19 ment of Defense or military services have received 

20 during the reporting period involving allegations of 

21 acts of violence, including sexual abuse or harass22 ment, by instructors against students in the JROTC 

23 program, including— 

24 ‘‘(i) the offense involved; 

25 ‘‘(ii) the military service involved; 
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1 ‘‘(iii) the number of instructors and num2 ber of allegations they each received; 

3 ‘‘(iv) the number of reports of sexual mis4 conduct and harassment that have been inves5 tigated; 

6 ‘‘(v) the number of reports or investiga7 tions that have led to the removal of instructors 

8 from JROTC programs; and 

9 ‘‘(vi) the number of such reported allega10 tions by State, the District of Columbia, or 

11 overseas location where these reports occurred. 

12 ‘‘(C) Any steps the Department of Defense has 

13 taken to mitigate sexual misconduct and harassment 

14 in JROTC programs during the preceding year. 

15 ‘‘(3) Each report required under paragraph (1) shall 

16 be submitted in unclassified form and may not be marked 

17 as controlled unclassified information. 

18 ‘‘(4) The Secretary shall annually report to the Com19 mittees on Armed Services of the Senate and the House 

20 of Representatives regarding compliance with this sub21 section by the JROTC program, including an up-to-date 

22 report on the Secretary’s monitoring of such compliance. 

23 ‘‘(5) The Secretary may seek the advice and counsel 

24 of the Attorney General and the Secretary of Health and 

25 Human Services concerning the development and dissemi-
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1 nation to the JROTC program of best practices informa2 tion about preventing and responding to incidents of do3 mestic violence, dating violence, sexual assault, and stalk4 ing, including elements of institutional policies that have 

5 proven successful based on evidence-based outcome meas6 urements. 

7 ‘‘(6) No officer, employee, or agent of an institution 

8 participating in any program under this chapter shall re9 taliate, intimidate, threaten, coerce, or otherwise discrimi10 nate against any individual for exercising their rights or 

11 responsibilities under any provision of this subsection.’’. 

12 SEC. 576. COMPTROLLER GENERAL REPORT ON EFFORTS 

13 TO INCREASE TRANSPARENCY AND REPORT14 ING ON SEXUAL VIOLENCE IN THE JUNIOR 

15 RESERVE OFFICERS’ TRAINING CORPS PRO16 GRAM. 

17 (a) IN GENERAL.—Not later than one year after the 

18 date of the enactment of this Act, the Comptroller General 

19 of the United States shall submit to the appropriate con20 gressional committees a report on efforts to increase 

21 transparency and reporting on sexual violence in the Jun22 ior Reserve Officers’ Training Corps Program. 

23 (b) ELEMENTS.—The report required under sub24 section (a) shall include a description of the following: 
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1 (1) The implementation of section 2031 of title 

2 10, United States Code, as amended by sections 

3 572, 573, and 575 of this Act. 

4 (2) The adequacy of the Department of De5 fense’s vetting process for Junior Reserve Officers’ 

6 Training Corps instructors. 

7 (3) The Department of Defense and the De8 partment of Education’s oversight of compliance of 

9 units with respect to title IX of the Education 

10 Amendments of 1972 (20 U.S.C. 1681 et seq.) and 

11 title VI of the Civil Rights Act of 1964 (42 U.S.C. 

12 2000d et seq.). 

13 (4) Any changes in the numbers of sexual har14 assment, assault, or stalking incidents reported to 

15 institutions or law enforcement agencies. 

16 (5) The sufficiency of military department unit 

17 inspections. 

18 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE19 FINED.—In this section, the term ‘‘appropriate congres20 sional committees’’means the Committee on Armed Serv21 ices of the Senate and the House of Representatives. 
247 

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1 Subtitle H—Decorations and Other 

2 Awards, Miscellaneous Reports 

3 and Other Matters 

4 SEC. 581. EXTENSION OF DEADLINE FOR REVIEW OF 

5 WORLD WAR I VALOR MEDALS. 

6 Section 584(f) of the National Defense Authorization 

7 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 

8 7271 note) is amended by striking ‘‘six years after the 

9 date of the enactment of this Act’’ and inserting ‘‘Decem10 ber 31, 2028’’. 

11 SEC. 582. PROHIBITION ON FORMER MEMBERS OF THE 

12 ARMED FORCES ACCEPTING POST-SERVICE 

13 EMPLOYMENT WITH CERTAIN FOREIGN GOV14 ERNMENTS. 

15 (a) IN GENERAL.—Chapter 49 of title 10, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 989. Prohibition on former members of the armed 

19 forces accepting post-service employment 

20 with certain foreign governments 

21 ‘‘(a) IN GENERAL.—Except as provided by subsection 

22 (b), a covered individual may not occupy a covered post23 service position. 

24 ‘‘(b) TEMPORARY WAIVER.— 
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1 ‘‘(1) IN GENERAL.—The Secretary of Defense 

2 shall establish a process under which a covered indi3 vidual may be granted a temporary waiver of the 

4 prohibition under subsection (a) if— 

5 ‘‘(A) the individual, or a Federal agency on 

6 behalf of, and with the consent of, the indi7 vidual, submits to the Secretary a written appli8 cation for a waiver in such form and manner as 

9 the Secretary determines appropriate; and 

10 ‘‘(B) the Secretary determines that the 

11 waiver is necessary to advance the national se12 curity interests of the United States. 

13 ‘‘(2) PERIOD OF WAIVER.—A waiver issued 

14 under paragraph (1) shall apply for a period not ex15 ceeding 5 years. The Secretary may renew such a 

16 waiver. 

17 ‘‘(3) REVOCATION.—The Secretary may revoke 

18 a waiver issued under paragraph (1) to a covered in19 dividual with respect to a covered-post service posi20 tion if the Secretary determines that the employ21 ment of the individual in the covered-post service po22 sition poses a threat to national security. 

23 ‘‘(4) NOTIFICATION.— 

24 ‘‘(A) IN GENERAL.—Not later than 30 

25 days after the date on which the Secretary 
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1 issues a waiver under paragraph (1) or revokes 

2 a waiver under paragraph (3), the Secretary 

3 shall submit to the Committees on Armed Serv4 ices of the Senate and the House of Represent5 atives written notification of the waiver or rev6 ocation, as the case may be. 

7 ‘‘(B) ELEMENTS.—A notification required 

8 by subparagraph (A) shall include the following: 

9 ‘‘(i) With respect to a waiver issued to 

10 a covered individual— 

11 ‘‘(I) the details of the applica12 tion, including the position held by the 

13 individual in the armed forces; 

14 ‘‘(II) the nature of the post-serv15 ice position of the individual; 

16 ‘‘(III) a description of the na17 tional security interests that will be 

18 advanced by reason of issuing such a 

19 waiver; and 

20 ‘‘(IV) the specific reasons why 

21 the Secretary determines that issuing 

22 the waiver will advance such interests. 

23 ‘‘(ii) With respect to a revocation of a 

24 waiver issued to a covered individual— 
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1 ‘‘(I) the details of the waiver, in2 cluding any renewals of the waiver, 

3 and the dates of such waiver and re4 newals; and 

5 ‘‘(II) the specific reasons why the 

6 Secretary determined that the revoca7 tion is warranted. 

8 ‘‘(c) CERTIFICATION OF PROHIBITION.—In imple9 menting the prohibition under subsection (a), the Sec10 retary shall establish a process under which each member 

11 of the armed forces is, before the member retires or is 

12 otherwise separated from the armed forces— 

13 ‘‘(1) informed in writing of the prohibition, and 

14 the penalties for violations of the prohibition; and 

15 ‘‘(2) is required to certify that the member un16 derstands the prohibition and those penalties. 

17 ‘‘(d) PENALTIES.—In the case of a covered individual 

18 who knowingly and willfully fails to comply with the prohi19 bition under subsection (a), the Secretary shall, as applica20 ble— 

21 ‘‘(1) withhold any pay, allowances, or benefits 

22 that would otherwise be provided to the individual by 

23 the Department of Defense; and 

24 ‘‘(2) revoke any security clearance of the indi25 vidual. 
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1 ‘‘(e) ANNUAL REPORTS.— 

2 ‘‘(1) REQUIREMENT.—Not later than March 

3 31, 2024, and annually thereafter, the Secretary 

4 shall submit to the congressional defense committees 

5 a report on covered post-service employment occur6 ring during the year covered by the report. 

7 ‘‘(2) ELEMENTS.—Each report required by 

8 paragraph (1) shall include the following: 

9 ‘‘(A) The number of former covered indi10 viduals who occupy a covered post-service posi11 tion, broken down by— 

12 ‘‘(i) the name of the employer; 

13 ‘‘(ii) the foreign government, includ14 ing by the specific foreign individual, agen15 cy, or entity, for whom the covered post16 service employment is being performed; 

17 and 

18 ‘‘(iii) the nature of the services pro19 vided as part of the covered post-service 

20 employment. 

21 ‘‘(B) An assessment by the Secretary of 

22 whether— 

23 ‘‘(i) the Department of Defense main24 tains adequate systems and processes for 

25 ensuring that former members of the 
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1 armed forces are submitting required re2 ports relating to their employment by for3 eign governments; 

4 ‘‘(ii) all covered individuals who oc5 cupy a covered post-service position are in 

6 compliance with this section; 

7 ‘‘(iii) the services provided by the cov8 ered individuals who occupy a covered 

9 post-service position pose a current or fu10 ture threat to the national security of the 

11 United States; and 

12 ‘‘(iv) there is any credible information 

13 or reporting that any covered individual 

14 who occupies a covered post-service posi15 tion has engaged in activities that violate 

16 Federal law. 

17 ‘‘(3) FORM OF REPORT.—Each report required 

18 by paragraph (1) shall be submitted in unclassified 

19 form, but may include a classified annex. 

20 ‘‘(f) NOTIFICATIONS OF DETERMINATIONS OF CER21 TAIN THREATS.— 

22 ‘‘(1) REQUIREMENT.—In addition to the annual 

23 reports under subsection (d), if the Secretary deter24 mines that the services provided by a covered indi25 vidual who occupies a covered post-service position 
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1 pose a threat described in clause (iii) of paragraph 

2 (2)(B) of that subsection, or include activities de3 scribed in clause (iv) of such paragraph, the Sec4 retary shall notify the congressional defense commit5 tees of that determination by not later than 30 days 

6 after making the determination. 

7 ‘‘(2) ELEMENTS.—A notification required by 

8 paragraph (1) shall include the following: 

9 ‘‘(A) The name of the covered individual. 

10 ‘‘(B) The name of the employer. 

11 ‘‘(C) The foreign government, including 

12 the specific foreign individual, agency, or entity, 

13 for whom the covered post-service employment 

14 is being performed. 

15 ‘‘(D) As applicable, a description of the 

16 risk to national security and the activities that 

17 may violate Federal law. 

18 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec19 tion may be construed to indemnify or shield covered indi20 viduals from prosecution under any relevant provision of 

21 title 18. 

22 ‘‘(h) DEFINITIONS.—In this section: 

23 ‘‘(1) COVERED INDIVIDUAL.—The term ‘cov24 ered individual’ means an individual who has retired 
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1 or otherwise separated from an active or reserve 

2 component of the Armed Forces. 

3 ‘‘(2) COVERED POST-SERVICE EMPLOYMENT.— 

4 The term ‘covered post-service employment’ means 

5 direct or indirect employment by, representation of, 

6 or any provision of advice or services relating to na7 tional security, intelligence, the military, or internal 

8 security to— 

9 ‘‘(A) the government of— 

10 ‘‘(i) a country of concern (as defined 

11 in section 1(m) of the State Department 

12 Basic Authorities Act of 1956 (22 U.S.C. 

13 2651a(m))); or 

14 ‘‘(ii) a country the Secretary of De15 fense determines acts as a proxy or pass16 through for services for a country of con17 cern; or 

18 ‘‘(B) any company, entity, or other person 

19 the activities of which are directly or indirectly 

20 supervised, directed, controlled, financed, or 

21 subsidized, in whole or in major part, by a gov22 ernment described in subparagraph (A). 

23 ‘‘(3) COVERED POST-SERVICE POSITION.—The 

24 term ‘covered post-service position’ means a position 

25 of employment described in paragraph (2).’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 49 of such title is amended 

3 by adding at the end the following new item: 

‘‘989. Prohibition on former members of the armed forces accepting post-service 

employment with certain foreign governments.’’. 

4 (c) CONFORMING AMENDMENT.—Section 908 of title 

5 37, United States Code, is amended by adding at the end 

6 the following new subsection: 

7 ‘‘(f) PROHIBITION ON FORMER MEMBERS OF ARMED

8 FORCES ACCEPTING EMPLOYMENT WITH CERTAIN FOR9 EIGN GOVERNMENTS.—For a provision of law prohibiting 

10 former members of the armed forces from accepting post11 service employment with certain foreign governments, see 

12 section 989 of title 10.’’. 

13 SEC. 583. PROHIBITION ON REQUIRING LISTING OF GEN14 DER OR PRONOUNS IN OFFICIAL COR15 RESPONDENCE. 

16 The Department of Defense is prohibited from re17 quiring members of the Armed Forces or civilian employ18 ees of the Department of Defense to list their gender or 

19 pronouns in official correspondence, whether such cor20 respondence is written or electronic. 
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1 Subtitle I—Enhanced Recruiting 

2 Efforts 

3 SEC. 591. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Military Service 

5 Promotion Act of 2023’’. 

6 SEC. 592. INCREASED ACCESS TO POTENTIAL RECRUITS AT 

7 SECONDARY SCHOOLS. 

8 Section 503(c) of title 10, United States Code, is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (A)— 

12 (i) in clause (i), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (ii) by redesignating clause (ii) as 

15 clause (iii); 

16 (iii) by inserting after clause (i) the 

17 following new clause: 

18 ‘‘(ii) shall provide to military recruiters access 

19 to career fairs or similar events upon a request made 

20 by military recruiters for military recruiting pur21 poses; and’’; and 

22 (iv) in clause (iii), as redesignated by 

23 subparagraph (B), by inserting ‘‘, not later 

24 than 60 days after receiving such request,’’ 

25 after ‘‘provide’’; and 
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1 (B) in subparagraph (B), by striking ‘‘sub2 paragraph (A)(ii)’’ and inserting ‘‘subparagraph 

3 (A)(iii)’’; 

4 (2) by redesignating paragraph (6) as para5 graph (7); and 

6 (3) by inserting after paragraph (5) the fol7 lowing new paragraph: 

8 ‘‘(6) The Secretary of Defense shall submit an annual 

9 report to Congress not later than February 1 each cal10 endar year, detailing each notification of denial of recruit11 ing access issued under paragraph (3).’’. 

12 SEC. 593. INCREASED ACCESS TO POTENTIAL RECRUITS AT 

13 INSTITUTIONS OF HIGHER EDUCATION. 

14 Section 983(b) of title 10, United States Code, is 

15 amended— 

16 (1) in paragraph (1), by striking ‘‘; or’’ and in17 serting a semicolon; 

18 (2) in paragraph (2)— 

19 (A) by striking ‘‘to the following informa20 tion pertaining’’ and inserting ‘‘, with respect’’; 

21 (B) by striking ‘‘institution):’’ and insert22 ing ‘‘institution)—’’; 

23 (C) in subparagraph (A)— 

24 (i) by striking ‘‘Names’’ and inserting 

25 ‘‘names’’; and 
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1 (ii) by striking ‘‘telephone listings.’’ 

2 and inserting ‘‘telephone listings, which in3 formation shall be made available not later 

4 than the 60th day following the date of a 

5 request; and’’; and 

6 (D) in subparagraph (B), by striking 

7 ‘‘Date’’ and inserting ‘‘date’’. 

8 TITLE VI—COMPENSATION AND 

9 OTHER PERSONNEL BENEFITS 

10 Subtitle A—Pay and Allowances 

11 SEC. 601. PAY OF MEMBERS OF RESERVE COMPONENTS 

12 FOR INACTIVE-DUTY TRAINING TO OBTAIN 

13 OR MAINTAIN AN AERONAUTICAL RATING OR 

14 DESIGNATION. 

15 (a) IN GENERAL.—Chapter 3 of title 37, United 

16 States Code, is amended by inserting after section 206 the 

17 following new section: 

18 ‘‘§ 206a. Pay of members of reserve components for 

19 inactive-duty training to obtain or main20 tain an aeronautical rating or designa21 tion 

22 ‘‘Under regulations prescribed by the Secretary con23 cerned, a member of the National Guard or a member of 

24 a reserve component of a uniformed service who is receiv25 ing aviation incentive pay under section 334(a) of this title 
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1 and is entitled to compensation under section 206 of this 

2 title is entitled to such compensation for a number of peri3 ods of inactive-duty training each month sufficient for the 

4 member to obtain or maintain an aeronautical rating or 

5 designation.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 3 of such title is amended by 

8 inserting after the item relating to section 206 the fol9 lowing new item: 

‘‘206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation.’’. 

10 SEC. 602. MODIFICATION OF CALCULATION METHOD FOR 

11 BASIC ALLOWANCE FOR HOUSING TO MORE 

12 ACCURATELY ASSESS HOUSING COSTS OF 

13 JUNIOR MEMBERS OF UNIFORMED SERVICES. 

14 Section 403(b)(5) of title 37, United States Code, is 

15 amended, in the second sentence, by striking ‘‘and shall 

16 be based on the following:’’ and all that follows through 

17 ‘‘determined in subparagraph (A)’’. 

18 SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS 

19 ASSIGNED TO VESSELS UNDERGOING MAIN20 TENANCE. 

21 Section 403(f)(2) of title 37, United States Code, is 

22 amended— 
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1 (1) in subparagraph (A), by striking ‘‘subpara2 graphs (B) and (C)’’ and inserting ‘‘subparagraphs 

3 (B), (C), and (D)’’; and 

4 (2) by adding at the end the following new sub5 paragraph: 

6 ‘‘(D)(i) Under regulations prescribed by the Sec7 retary concerned, the Secretary may authorize the pay8 ment of a basic allowance for housing to a member of a 

9 uniformed service without dependents who is serving in 

10 a pay grade below E–6 and has orders to a naval vessel 

11 during a shipyard availability or maintenance period. 

12 ‘‘(ii) In prescribing regulations under clause (i), the 

13 Secretary concerned shall consider the availability of quar14 ters for members serving in pay grades below E–6 before 

15 authorizing the payment of a basic allowance for housing 

16 for such members.’’. 

17 SEC. 604. DUAL BASIC ALLOWANCE FOR HOUSING FOR 

18 TRAINING FOR CERTAIN MEMBERS OF RE19 SERVE COMPONENTS. 

20 Section 403(g)(3) of title 37, United States Code, is 

21 amended— 

22 (1) by striking ‘‘Paragraphs’’ and inserting 

23 ‘‘(A) Except as provided by subparagraph (B), para24 graphs’’; and 
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1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B) Paragraphs (1) and (2) shall apply with respect 

4 to a member of a reserve component without dependents 

5 who is called or ordered to active duty to attend training 

6 for a period of 140 days or more but fewer than 365 days 

7 and for whom transportation of household goods is author8 ized under section 453(c) of this title as part of the call 

9 or order to active duty.’’. 

10 SEC. 605. MODIFICATION OF CALCULATION OF GROSS 

11 HOUSEHOLD INCOME FOR BASIC NEEDS AL12 LOWANCE TO ADDRESS AREAS OF DEM13 ONSTRATED NEED. 

14 (a) IN GENERAL.—Section 402b(k)(1)(B) of title 37, 

15 United States Code, is amended by inserting ‘‘or that oth16 erwise has a demonstrated need’’ after ‘‘high cost of liv17 ing’’. 

18 (b) IMPLEMENTATION GUIDANCE.—The Secretary of 

19 Defense shall revise the guidance issued with respect to 

20 implementation of the basic needs allowance under section 

21 402b of title 37, United States Code, to reflect the amend22 ment made by subsection (a). 
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1 SEC. 606. EXPANSION OF ELIGIBILITY FOR REIMBURSE2 MENT OF QUALIFIED LICENSURE, CERTIFI3 CATION, AND BUSINESS RELOCATION COSTS 

4 INCURRED BY MILITARY SPOUSES. 

5 Section 453(g)(1) of title 37, United States Code, is 

6 amended— 

7 (1) in subparagraph (A)— 

8 (A) by striking ‘‘member is reassigned’’ 

9 and inserting the following: ‘‘member is— 

10 ‘‘(i) reassigned’’; 

11 (B) by striking ‘‘; and’’ and inserting ‘‘; 

12 or’’; and 

13 (C) by adding at the end the following new 

14 clause: 

15 ‘‘(ii) transferred from a regular component 

16 of a uniformed service into the Selected Reserve 

17 of the Ready Reserve of a uniformed service, if 

18 the member is authorized a final move from the 

19 last duty station to the new jurisdiction or geo20 graphic area; and’’; and 

21 (2) in subparagraph (B), by inserting ‘‘or 

22 transfer’’ after ‘‘reassignment’’. 

23 SEC. 607. COST-OF-LIVING ALLOWANCE IN THE CONTI24 NENTAL UNITED STATES: HIGH COST AREAS. 

25 Section 403b(c) of title 37, United States Code, is 

26 amended— 
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1 (1) in the second sentence, by striking ‘‘8 per2 cent’’ and inserting ‘‘5 percent’’; and 

3 (2) in the third sentence, by striking ‘‘shall pre4 scribe’’ and inserting ‘‘may prescribe’’. 

5 SEC. 608. OCONUS COST-OF-LIVING ALLOWANCE: ADJUST6 MENTS. 

7 Section 617 of the James M. Inhofe National Defense 

8 Authorization Act for Fiscal Year 2023 (Public Law 117– 

9 263) is amended— 

10 (1) in the section heading, by striking ‘‘; NO11 TICE TO CERTAIN CONGRESSIONAL COMMIT12 TEES’’; and 

13 (2) by striking subsections (a), (b), and (c) and 

14 inserting the following: 

15 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

16 (c), the Secretary of Defense may announce reductions in 

17 the cost-of-living allowance for a member of the uniformed 

18 services assigned to a duty station located outside the con19 tinental United States— 

20 ‘‘(1) not more than two times per year; or 

21 ‘‘(2) in connection with a permanent change of 

22 station for such member. 

23 ‘‘(b) LIMITATION ON SIZE OF REDUCTIONS.—The 

24 Secretary may not make a reduction under subsection (a) 

25 in the allowance described in that subsection by an 
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1 amount that exceeds 10 percent of the amount of the al2 lowance before the reduction. 

3 ‘‘(c) TREATMENT OF REDUCTIONS RELATING TO

4 FOREIGN CURRENCY EXCHANGE RATES.—The limita5 tions under subsections (a) and (b) shall not apply to re6 ductions in the allowance described in subsection (a) relat7 ing to changes in foreign currency exchange rates. 

8 ‘‘(d) IMPLEMENTATION OF REDUCTIONS.—The Sec9 retary may phase in the reductions described in subsection 

10 (a). 

11 ‘‘(e) INCREASES.—The Secretary may increase the 

12 allowance described in subsection (a) for a member of the 

13 uniformed services at any time.’’. 

14 SEC. 609. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE 

15 FOR OFFICERS WHO TRANSFER TO THE 

16 SPACE FORCE. 

17 Section 606(d)(1) of the William M. (Mac) Thorn18 berry National Defense Authorization Act for Fiscal Year 

19 2021 (Public Law 116–283; 37 U.S.C. 416 note) is 

20 amended by striking ‘‘September 30, 2023’’ and inserting 

21 ‘‘September 30, 2025’’. 

22 SEC. 610. REVIEW OF RATES OF MILITARY BASIC PAY. 

23 (a) IN GENERAL.—The Secretary of Defense shall 

24 conduct a review of the rates of monthly basic pay author25 ized for members of the uniformed services to determine 
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1 if the current basic pay table adequately compensates jun2 ior enlisted personnel in pay grades E–1 through E–4. 

3 (b) FACTORS FOR REVIEW.—In conducting the re4 view required by subsection (a), the Secretary shall con5 duct the following: 

6 (1) An assessment of the adequacy of the rates 

7 of monthly basic pay for members of the uniformed 

8 services in light of current and predicted recruiting 

9 difficulties. 

10 (2) An analysis of how such basic pay, when 

11 combined with other elements of regular compensa12 tion for members of the uniformed services, com13 pares with private sector wages for potential recruits 

14 to the uniformed services. 

15 (3) An assessment of how sustained periods of 

16 cost inflation affect pay for the uniformed services 

17 and comparable private sector wages. 

18 (4) An historical analysis of how percentage dif19 ferences between junior enlisted basic pay, senior en20 listed basic pay, junior officer basic pay, and senior 

21 officer basic pay, have changed since the rates of 

22 basic pay for members of the uniformed services 

23 were authorized by section 601 of the John Warner 

24 National Defense Authorization Act for Fiscal Year 

25 2007 (Public Law 109–364; 37 U.S.C. 1009 note). 
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1 (c) REPORT AND LEGISLATIVE PROPOSAL RE2 QUIRED.—Not later than March 1, 2024, the Secretary 

3 of Defense shall submit to the Committees on Armed Serv4 ices of the Senate and the House of Representatives— 

5 (1) a report on the results of the review re6 quired by subsection (a); and 

7 (2) a comprehensive legislative proposal for the 

8 rates of basic pay for members of the uniformed 

9 services. 

10 SEC. 611. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 

11 ON PROCESS FOR DETERMINING COST-OF12 LIVING ALLOWANCES FOR MEMBERS OF THE 

13 UNIFORMED SERVICES ASSIGNED TO THE 

14 CONTINENTAL UNITED STATES, HAWAII, 

15 ALASKA, AND OVERSEAS LOCATIONS. 

16 (a) IN GENERAL.—The Comptroller General of the 

17 United States shall conduct a study on the process for 

18 determining cost-of-living allowances for members of the 

19 uniformed services stationed in the continental United 

20 States, Hawaii, Alaska, and at overseas locations. 

21 (b) ELEMENTS.—In conducting the study required by 

22 subsection (a), the Comptroller General shall assess— 

23 (1) the fairness and equity of the process for 

24 determining cost-of-living allowances described in 
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1 subsection (a) and methods for improving that proc2 ess; 

3 (2) the advantages and disadvantages of aver4 aging the results of continental United States Living 

5 Pattern Surveys and Retail Price Schedules without 

6 regard to the geographic concentration of members 

7 of the uniformed services within the continental 

8 United States when determining the baseline cost of 

9 living for the continental United States; 

10 (3) if additional out-of-pocket expenses, includ11 ing the costs for a member of the uniformed services 

12 to travel to and from the home of record of the 

13 member from the assigned duty station of the mem14 ber, should be included in the calculations of the De15 partment of Defense for determining overseas cost16 of-living allowances to better equalize the true costs 

17 of living for members stationed outside the conti18 nental United States with such costs for members 

19 stationed inside the continental United States; and 

20 (4) the process by which the Department of De21 fense conducts Living Pattern Surveys and develops 

22 Retail Price Schedules. 

23 (c) REPORT REQUIRED.—Not later than one year 

24 after the date of the enactment of this Act, the Comp25 troller General shall submit to the Committees on Armed 
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1 Services of the Senate and the House of Representatives 

2 a report— 

3 (1) setting forth the results of the study re4 quired by subsection (a); and 

5 (2) making any recommendations the Comp6 troller General considers appropriate based on those 

7 results, including any recommendations for changes 

8 to section 403b or 405 of title 37, United States 

9 Code. 

10 Subtitle B—Bonus and Incentive 

11 Pays 

12 SEC. 621. MODIFICATION OF SPECIAL AND INCENTIVE PAY 

13 AUTHORITIES FOR MEMBERS OF RESERVE 

14 COMPONENTS. 

15 (a) IN GENERAL.—Section 357 of title 37, United 

16 States Code, is amended— 

17 (1) by striking ‘‘incentive pay’’ and inserting 

18 ‘‘special or incentive pay’’; and 

19 (2) by striking the period at the end and insert20 ing the following: ‘‘if the Secretary concerned is pay21 ing the member of the reserve component the special 

22 or incentive pay for the purpose of— 

23 ‘‘(1) maintaining a skill certification or pro24 ficiency identical to a skill certification or proficiency 

25 required of the member in the regular component; or 
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1 ‘‘(2) compensating the member of the reserve 

2 component for exposure to hazards or risks identical 

3 to hazards or risks to which the member in the reg4 ular component was exposed.’’. 

5 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

6 (1) CONFORMING AMENDMENT.—The section 

7 heading for section 357 of title 37, United States 

8 Code, is amended by striking ‘‘Incentive’’ and in9 serting ‘‘Special and incentive’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions for chapter 5 of such title is amended by strik12 ing the item relating to section 357 and inserting 

13 the following new item: 

‘‘357. Special and incentive pay authorities for members of the reserve components of the armed forces.’’. 

14 (c) MODIFICATION OF IMPLEMENTATION DETER15 MINATION.—Section 602(d) of the National Defense Au16 thorization Act for Fiscal Year 2022 (Public Law 117– 

17 81; 37 U.S.C. 357 note) is amended— 

18 (1) by redesignating paragraphs (1) and (2) as 

19 subparagraphs (A) and (B), respectively, and by 

20 moving such subparagraphs, as so redesignated, two 

21 ems to the right; 

22 (2) by striking ‘‘The Secretary may’’ and in23 serting the following: 

24 ‘‘(1) IN GENERAL.—The Secretary shall’’; 
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1 (3) in subparagraph (A), as redesignated by 

2 paragraph (1), by striking ‘‘subsection (b)’’ and in3 serting ‘‘subsection (c)’’; and 

4 (4) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) EVALUATION OF TYPES OF SPECIAL AND

7 INCENTIVE PAY.—In making the determination and 

8 certification described in paragraph (1)(B), the Sec9 retary shall evaluate each type or category of special 

10 and incentive pay separately and may make the de11 termination and certification based on the effect on 

12 an Armed Force concerned of a particular type or 

13 category of special or incentive pay.’’. 

14 SEC. 622. EXPANSION OF CONTINUATION PAY ELIGIBILITY. 

15 (a) CONTINUATION PAY: FULL TSP MEMBERS WITH

16 8 TO 12 YEARS OF SERVICE.—Section 356 of title 37, 

17 United States Code, is amended— 

18 (1) in the section heading, by striking ‘‘8’’ and 

19 inserting ‘‘7’’; and 

20 (2) in subsections (a)(1) and (d), by striking 

21 ‘‘8’’ and inserting ‘‘7’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 5 of such title is amended by 

24 striking the item relating to section 356 and inserting the 

25 following new item: 

‘‘356. Continuation pay: full TSP members with 7 to 12 years of service.’’. 
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1 SEC. 623. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

2 BONUS AND SPECIAL PAY AUTHORITIES. 

3 (a) AUTHORITIES RELATING TO RESERVE

4 FORCES.—Section 910(g) of title 37, United States Code, 

5 relating to income replacement payments for reserve com6 ponent members experiencing extended and frequent mo7 bilization for active duty service, is amended by striking 

8 ‘‘December 31, 2023’’ and inserting ‘‘December 31, 

9 2024’’. 

10 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

11 CARE PROFESSIONALS.—The following sections of title 

12 10, United States Code, are amended by striking ‘‘Decem13 ber 31, 2023’’ and inserting ‘‘December 31, 2024’’: 

14 (1) Section 2130a(a)(1), relating to nurse offi15 cer candidate accession program. 

16 (2) Section 16302(d), relating to repayment of 

17 education loans for certain health professionals who 

18 serve in the Selected Reserve. 

19 (c) AUTHORITIES RELATING TO NUCLEAR OFFI20 CERS.—Section 333(i) of title 37, United States Code, is 

21 amended by striking ‘‘December 31, 2023’’ and inserting 

22 ‘‘December 31, 2024’’. 

23 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI24 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU25 THORITIES.—The following sections of title 37, United 
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1 States Code, are amended by striking ‘‘December 31, 

2 2023’’ and inserting ‘‘December 31, 2024’’: 

3 (1) Section 331(h), relating to general bonus 

4 authority for enlisted members. 

5 (2) Section 332(g), relating to general bonus 

6 authority for officers. 

7 (3) Section 334(i), relating to special aviation 

8 incentive pay and bonus authorities for officers. 

9 (4) Section 335(k), relating to special bonus 

10 and incentive pay authorities for officers in health 

11 professions. 

12 (5) Section 336(g), relating to contracting 

13 bonus for cadets and midshipmen enrolled in the 

14 Senior Reserve Officers’ Training Corps. 

15 (6) Section 351(h), relating to hazardous duty 

16 pay. 

17 (7) Section 352(g), relating to assignment pay 

18 or special duty pay. 

19 (8) Section 353(i), relating to skill incentive 

20 pay or proficiency bonus. 

21 (9) Section 355(h), relating to retention incen22 tives for members qualified in critical military skills 

23 or assigned to high priority units. 

24 (e) AUTHORITIES TO PROVIDE TEMPORARY IN25 CREASE IN RATES OF BASIC ALLOWANCE FOR HOUS-
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1 ING.—Section 403(b) of title 37, United States Code, is 

2 amended— 

3 (1) in paragraph (7)(E), relating to temporary 

4 increases in rates of basic allowance for areas cov5 ered by a major disaster declaration or containing 

6 an installation experiencing a sudden influx of mili7 tary personnel, by striking ‘‘December 31, 2023’’ 

8 and inserting ‘‘December 31, 2024’’; and 

9 (2) in paragraph (8)(C), relating to temporary 

10 adjustments in rates of basic allowance for housing 

11 for localities where actual housing costs differ from 

12 current rates of basic allowance for housing by more 

13 than 20 percent, by striking ‘‘September 30, 2023’’ 

14 and inserting ‘‘December 31, 2024’’. 

15 SEC. 624. REQUIREMENT TO ESTABLISH REMOTE AND AUS16 TERE CONDITION ASSIGNMENT INCENTIVE 

17 PAY PROGRAM FOR AIR FORCE. 

18 The Secretary of the Air Force shall— 

19 (1) evaluate the Remote and Austere Condition 

20 Assignment Incentive Pay program of the Army; and 

21 (2) not later than October 1, 2025, establish a 

22 similar program for the Air Force, unless the Sec23 retary can certify to Congress that there are no 

24 critically manned units at any Air Force installation 

25 in Alaska. 
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1 SEC. 625. EXTENSION OF TRAVEL ALLOWANCE FOR MEM2 BERS OF THE ARMED FORCES ASSIGNED TO 

3 ALASKA. 

4 Section 603(b)(5)(B) of the James M. Inhofe Na5 tional Defense Authorization Act for Fiscal Year 2023 

6 (Public Law 117–263; 136 Stat. 2621) is amended by 

7 striking ‘‘December 31, 2023’’ and inserting ‘‘June 30, 

8 2024’’. 

9 Subtitle C—Other Matters 

10 SEC. 631. MODIFICATION OF REQUIREMENTS FOR AP11 PROVAL OF FOREIGN EMPLOYMENT BY RE12 TIRED AND RESERVE MEMBERS OF UNI13 FORMED SERVICES. 

14 Section 908 of title 37, United States Code, is 

15 amended— 

16 (1) in subsection (b)— 

17 (A) by striking ‘‘A person’’ and inserting 

18 ‘‘(1) A person’’; 

19 (B) by inserting ‘‘after determining that 

20 such approval is not contrary to the national in21 terests of the United States’’ after ‘‘approve the 

22 employment’’; and 

23 (C) by adding at the end the following new 

24 paragraph: 

25 ‘‘(2) The Secretary of a military department may del26 egate the determination of the Secretary required by para-
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1 graph (1) only to an official of the military department 

2 at or above the level of an Assistant Secretary or, in the 

3 event of a vacancy in the position of such an official, a 

4 civilian official performing the duties of that position.’’; 

5 and 

6 (2) in subsection (d)— 

7 (A) in paragraph (2)— 

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘an officer’’ and in10 serting ‘‘a person’’; and 

11 (ii) by striking subparagraphs (B) and 

12 (C) and inserting the following new sub13 paragraphs: 

14 ‘‘(B) A description of the duties, if any, the 

15 person is to perform and the compensation the per16 son is to receive for such duties, as reflected in the 

17 person’s application for approval of the employment 

18 or compensation or payment or award. 

19 ‘‘(C) The position the person held or holds in 

20 the armed forces, including the rank of the person 

21 and the armed force in which the person served. 

22 ‘‘(D) Any other information the Secretaries of 

23 the military departments consider relevant, except 

24 that such information may not include the person’s 

25 date of birth, Social Security number, home address, 
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1 phone number, or any other personal identifier other 

2 than the name and rank of the person and the 

3 armed force in which the person served.’’; and 

4 (B) by adding at the end the following new 

5 paragraph: 

6 ‘‘(3) Not later than 60 days after the date on which 

7 a report required by paragraph (1) is submitted, the Sec8 retaries of the military departments shall make the report, 

9 and all contents of the report, available on a publicly ac10 cessible internet website.’’. 

11 SEC. 632. RESTRICTIONS ON RETIRED AND RESERVE MEM12 BERS OF THE ARMED FORCES RECEIVING 

13 EMPLOYMENT AND COMPENSATION INDI14 RECTLY FROM FOREIGN GOVERNMENTS 

15 THROUGH PRIVATE ENTITIES. 

16 Section 908(a) of title 37, United States Code, is 

17 amended— 

18 (1) by redesignating paragraphs (1), (2), and 

19 (3) as subparagraphs (A), (B), and (C), respectively, 

20 and by moving such subparagraphs, as so redesig21 nated, 2 ems to the right; 

22 (2) by striking ‘‘Subject to’’ and inserting the 

23 following: 

24 ‘‘(1) IN GENERAL.—Subject to’’; 
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1 (3) in subparagraph (C), as redesignated, by 

2 striking ‘‘Commissioned Reserve Corps’’ and insert3 ing ‘‘Ready Reserve Corps’’; and 

4 (4) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) APPLICATION TO PRIVATE ENTITIES.— 

7 ‘‘(A) IN GENERAL.—The acceptance by a 

8 person described in subparagraph (B) of em9 ployment (and compensation related to that em10 ployment) or payments or awards for work per11 formed for a foreign government through a pri12 vate entity shall be subject to the provisions of 

13 this section to the same extent and in the same 

14 manner as such provisions apply to employment 

15 (and compensation related to that employment) 

16 and payments and awards described in para17 graph (1). 

18 ‘‘(B) PERSONS DESCRIBED.—A person de19 scribed in this subparagraph is— 

20 ‘‘(i) a retired member of the Army, 

21 Navy, Air Force, Marine Corps, or Space 

22 Force; or 

23 ‘‘(ii) a member of a reserve compo24 nent of an armed force specified in clause 

25 (i), except a member serving on active duty 
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1 under a call or order to active duty for a 

2 period in excess of 30 days.’’. 

3 TITLE VII—HEALTH CARE 

4 PROVISIONS 

5 Subtitle A—TRICARE and Other 

6 Health Care Benefits 

7 SEC. 701. EXTENSION OF PERIOD OF ELIGIBILITY FOR 

8 HEALTH BENEFITS UNDER TRICARE RE9 SERVE SELECT FOR SURVIVORS OF A MEM10 BER OF THE SELECTED RESERVE. 

11 (a) IN GENERAL.— Section 1076d(c) of title 10, 

12 United States Code, is amended by striking ‘‘six months’’ 

13 and inserting ‘‘three years’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall take effect on October 1, 2025. 

16 SEC. 702. AUTHORITY TO PROVIDE DENTAL CARE FOR DE17 PENDENTS LOCATED AT CERTAIN REMOTE 

18 OR ISOLATED LOCATIONS. 

19 Section 1077(c) of title 10, United States Code, is 

20 amended— 

21 (1) in paragraph (1), by striking ‘‘paragraph 

22 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

23 (2) by adding at the end the following new 

24 paragraph: 
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1 ‘‘(3)(A) Dependents who reside within a specified ge2 ographic area and are covered by a dental plan established 

3 under section 1076a may receive dental care in a dental 

4 treatment facility of the uniformed services on a space 

5 available basis if the Secretary of Defense determines 

6 that— 

7 ‘‘(i) civilian dental care within the specified geo8 graphic area is inadequate or is not sufficiently 

9 available; and 

10 ‘‘(ii) adequate resources exist to provide space 

11 available dental care to the dependents at the facil12 ity. 

13 ‘‘(B) Care under subparagraph (A) shall be provided 

14 on a reimbursable basis.’’. 

15 SEC. 703. INCLUSION OF ASSISTED REPRODUCTIVE TECH16 NOLOGY AND ARTIFICIAL INSEMINATION AS 

17 REQUIRED PRIMARY AND PREVENTIVE 

18 HEALTH CARE SERVICES FOR MEMBERS OF 

19 THE UNIFORMED SERVICES AND DEPEND20 ENTS. 

21 (a) MEMBERS OF THE UNIFORMED SERVICES.—Sec22 tion 1074d of title 10, United States Code, is amended— 

23 (1) in subsection (a)(2)— 

24 (A) by striking ‘‘entitled to preventive’’ 

25 and inserting ‘‘entitled to— 
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1 ‘‘(A) preventive’’; 

2 (B) in subparagraph (A), as designated by 

3 subparagraph (A) of this paragraph, by striking 

4 the period at the end and inserting ‘‘; and’’; 

5 and 

6 (C) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(B) for male members of the uniformed serv9 ices (excluding former members of the uniformed 

10 services), services relating to infertility described in 

11 subsection (b)(4).’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(c) INFERTILITY SERVICES INCLUDED FOR MEM15 BERS OF THE UNIFORMED SERVICES.—Services relating 

16 to infertility required to be provided under subsections 

17 (a)(2)(B) and (b)(4) for members of the uniformed serv18 ices (excluding former members of the uniformed services) 

19 shall include the following: 

20 ‘‘(1) Treatments or procedures using assisted 

21 reproductive technology (as defined in section 8 of 

22 the Fertility Clinic Success Rate and Certification 

23 Act of 1992 (42 U.S.C. 263a–7(1)), excluding in 

24 vitro fertilization). 
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1 ‘‘(2) The provision of artificial insemination, in2 cluding intrauterine insemination, without regard to 

3 coital conception.’’. 

4 (b) DEPENDENTS.—Section 1077(a) of such title is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(19) Services relating to infertility, including 

8 the services specified in section 1074d(c) of this 

9 title, except that the services specified in such sec10 tion may be provided only to a dependent of a mem11 ber of the uniformed services (excluding any depend12 ent of a former member of the uniformed services).’’. 

13 (c) EXCLUSION FROM CONTRACTS FOR FORMER

14 MEMBERS AND THEIR DEPENDENTS.—Section 1086 of 

15 such title is amended— 

16 (1) in subsection (c), in the matter preceding 

17 paragraph (1), by striking ‘‘subsection (d)’’ and in18 serting ‘‘subsections (d) and (j)’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(j) A plan contracted for under subsection (a) may 

22 not include coverage for services under section 

23 1077(a)(19) of this title for former members of the uni24 formed services or dependents of former members of the 

25 uniformed services.’’. 
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1 (d) APPLICATION.—The amendments made by this 

2 section shall apply to services provided on or after January 

3 1, 2025. 

4 (e) RULE OF CONSTRUCTION.—Nothing in this sec5 tion or the amendments made by this section shall be con6 strued provide new benefits to or alter existing benefits 

7 for former members of the uniformed services or the de8 pendents of former members of the uniformed services. 

9 SEC. 704. PROGRAM ON TREATMENT OF MEMBERS OF THE 

10 ARMED FORCES FOR POST-TRAUMATIC 

11 STRESS DISORDER, TRAUMATIC BRAIN INJU12 RIES, AND CO-OCCURRING DISORDERS RE13 LATED TO MILITARY SEXUAL TRAUMA. 

14 (a) ESTABLISHMENT OF PROGRAM.— 

15 (1) IN GENERAL.—Chapter 55 of title 10, 

16 United States Code, is amended by inserting after 

17 section 1074o the following new section: 

18 ‘‘§ 1074p. Program on treatment of members of the 

19 armed forces for post-traumatic stress 

20 disorder, traumatic brain injuries, and 

21 co-occurring disorders related to military 

22 sexual trauma 

23 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

24 carry out a program to provide intensive outpatient pro25 grams to treat members of the Armed Forces suffering 
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1 from post-traumatic stress disorder, traumatic brain inju2 ries, and co-occurring disorders related to military sexual 

3 trauma, including treatment for substance abuse, depres4 sion, and other issues related to such conditions. 

5 ‘‘(b) DISCHARGE THROUGH PARTNERSHIPS.—The 

6 Secretary shall carry out the program under subsection 

7 (a) through partnerships with public, private, and non8 profit health care organizations, universities, and institu9 tions that— 

10 ‘‘(1) provide health care to members of the 

11 armed forces; 

12 ‘‘(2) provide evidence-based treatment for psy13 chological and neurological conditions that are com14 mon among members of the armed forces, including 

15 post-traumatic stress disorder, traumatic brain in16 jury, substance abuse, and depression; 

17 ‘‘(3) provide health care, support, and other 

18 benefits to family members of members of the armed 

19 forces; and 

20 ‘‘(4) provide health care under the TRICARE 

21 program. 

22 ‘‘(c) PROGRAM ACTIVITIES.—Each organization, uni23 versity, or institution that participates in a partnership 

24 under the program under subsection (a) shall— 
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1 ‘‘(1) carry out intensive outpatient programs of 

2 short duration to treat members of the armed forces 

3 suffering from post-traumatic stress disorder, trau4 matic brain injuries, and co-occurring disorders re5 lated to military sexual trauma, including treatment 

6 for substance abuse, depression, and other issues re7 lated to such conditions; 

8 ‘‘(2) use evidence-based and evidence-informed 

9 treatment strategies in carrying out such programs; 

10 ‘‘(3) share clinical and outreach best practices 

11 with other organizations, universities, and institu12 tions participating in the program under subsection 

13 (a); and 

14 ‘‘(4) annually assess outcomes for members of 

15 the armed forces individually and among the organi16 zations, universities, and institutions participating in 

17 the program under subsection (a) with respect to the 

18 treatment of conditions described in paragraph 

19 (1).’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter is amended 

22 by inserting after the item relating to section 1074o 

23 the following new item: 

‘‘1074p. 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.’’. 

24 (b) REPORTS.— 
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1 (1) INITIAL REPORT.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall submit to the Committees on 

4 Armed Services of the Senate and the House of Rep5 resentatives a report on the program under section 

6 1074p of title 10, United States Code, as added by 

7 subsection (a), which shall include a description of 

8 the program and such other matters on the program 

9 as the Secretary considers appropriate. 

10 (2) ADDITIONAL REPORT.—Not later than two 

11 years after commencement of implementation of the 

12 program under section 1074p of title 10, United 

13 States Code, as added by subsection (a), the Sec14 retary shall submit to the Committees on Armed 

15 Services of the Senate and the House of Representa16 tives a report on the program, which shall include 

17 the following: 

18 (A) A description of the program, includ19 ing the partnerships under the program as de20 scribed in subsection (b) of such section, as so 

21 added. 

22 (B) An assessment of the effectiveness of 

23 the program and the activities under the pro24 gram. 
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1 (C) Such recommendations for legislative 

2 or administrative action as the Secretary con3 siders appropriate in light of the program. 

4 (c) CONFORMING REPEAL.— 

5 (1) IN GENERAL.—Section 702 of the John S. 

6 McCain National Defense Authorization Act for Fis7 cal Year 2019 (Public Law 115–232; 10 U.S.C. 

8 1092 note) is repealed. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents at the beginning of the John S. McCain Na11 tional Defense Authorization Act for Fiscal Year 

12 2019 (Public Law 115–232) is amended by striking 

13 the item relating to section 702. 

14 SEC. 705. WAIVER OF COST-SHARING FOR THREE MENTAL 

15 HEALTH OUTPATIENT VISITS FOR CERTAIN 

16 BENEFICIARIES UNDER THE TRICARE PRO17 GRAM. 

18 (a) TRICARE SELECT.—Section 1075(c) of title 10, 

19 United States Code, is amended by adding at the end the 

20 following new paragraph: 

21 ‘‘(4)(A) Consistent with other provisions of this 

22 chapter and subject to requirements to be prescribed 

23 by the Secretary, the Secretary may waive cost-shar24 ing requirements for the first three outpatient men-
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1 tal health visits each year of any of the following 

2 beneficiaries: 

3 ‘‘(i) Beneficiaries in the active-duty family 

4 member category. 

5 ‘‘(ii) Beneficiaries covered by section 

6 1110b of this title. 

7 ‘‘(B) This paragraph shall terminate on the 

8 date that is five years after the date of the enact9 ment of the National Defense Authorization Act for 

10 Fiscal Year 2024.’’. 

11 (b) TRICARE PRIME.—Section 1075a(a) of such 

12 title is amended by adding at the end the following new 

13 paragraph: 

14 ‘‘(4)(A) Consistent with other provisions of this 

15 chapter and subject to requirements to be prescribed 

16 by the Secretary, the Secretary may waive cost-shar17 ing requirements for the first three outpatient men18 tal health visits each year of a beneficiary in the ac19 tive-duty family member category (as described in 

20 section 1075(b)(1)(A) of this title). 

21 ‘‘(B) This paragraph shall terminate on the 

22 date that is five years after the date of the enact23 ment of the National Defense Authorization Act for 

24 Fiscal Year 2024.’’. 
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1 SEC. 706. EXPANSION OF DOULA CARE FURNISHED BY DE2 PARTMENT OF DEFENSE. 

3 (a) EXPANSION OF EXTRAMEDICAL MATERNAL

4 HEALTH PROVIDERS DEMONSTRATION PROJECT.—Sec5 tion 746 of the William M. (Mac) Thornberry National 

6 Defense Authorization Act for Fiscal Year 2021 (Public 

7 Law 116–283; 10 U.S.C. 1073 note) is amended— 

8 (1) by redesignating subsections (e) through (h) 

9 as subsections (f) through (i), respectively; and 

10 (2) by inserting after subsection (d) the fol11 lowing new subsection (e): 

12 ‘‘(e) COVERAGE OF DOULA CARE.—Not later than 90 

13 days after the date of the enactment of the National De14 fense Authorization Act for Fiscal Year 2024, the Sec15 retary shall ensure that the demonstration project includes 

16 coverage of labor doula care, or reimbursement for such 

17 care, for all beneficiaries under the TRICARE program, 

18 including access— 

19 ‘‘(1) by members of the Armed Forces on active 

20 duty; 

21 ‘‘(2) by beneficiaries outside the continental 

22 United States; and 

23 ‘‘(3) at military medical treatment facilities.’’. 

24 (b) HIRING OF DOULAS.—The hiring authority for 

25 each military medical treatment facility may hire a team 
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1 of doulas to work in coordination with lactation support 

2 personnel or labor and delivery units at such facility. 

3 SEC. 707. SENSE OF CONGRESS ON ACCESS TO MENTAL 

4 HEALTH SERVICES THROUGH TRICARE. 

5 It is the sense of Congress that the Secretary of De6 fense should take all necessary steps to ensure members 

7 of the National Guard and the members of their families 

8 who are enrolled in TRICARE have timely access to men9 tal and behavioral health care services through the 

10 TRICARE program. 

11 Subtitle B—Health Care 

12 Administration 

13 SEC. 711. INCREASE IN STIPEND FOR PARTICIPANTS IN 

14 HEALTH PROFESSIONS SCHOLARSHIP AND 

15 FINANCIAL ASSISTANCE PROGRAMS. 

16 Section 2121(d) of title 10, United States Code, is 

17 amended, in the matter preceding paragraph (1), by strik18 ing ‘‘$30,000’’ and inserting ‘‘$50,000’’. 

19 SEC. 712. FINANCIAL RELIEF FOR CIVILIANS TREATED IN 

20 MILITARY MEDICAL TREATMENT FACILITIES. 

21 (a) INTERIM FINAL RULE REQUIRED.—The Sec22 retary of Defense shall issue an interim final rule to imple23 ment as soon as possible after the date of the enactment 

24 of this Act section 1079b of title 10, United States Code. 

25 (b) TREATMENT OF CLAIMS.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary shall hold in abeyance any 

3 claims under section 1079b of title 10, United 

4 States Code, until the interim final rule required 

5 under subsection (a) is in effect. 

6 (2) EXCEPTION.—Paragraph (1) does not apply 

7 to— 

8 (A) claims to third-party payers; or 

9 (B) administrative support provided to the 

10 Secretary by another Federal agency to assist 

11 the Secretary in the administration of section 

12 1079b of title 10, United States Code. 

13 SEC. 713. DEPARTMENT OF DEFENSE OVERDOSE DATA ACT 

14 OF 2023. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Department of Defense Overdose Data Act of 2023’’. 

17 (b) ANNUAL REPORT ON MILITARY OVERDOSES.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of the enactment of this Act, and annually 

20 thereafter, the Secretary of Defense shall submit to 

21 the appropriate congressional committees a report 

22 on the number of annual overdoses among 

23 servicemembers. 

24 (2) CONTENTS.—The report required by para25 graph (1) shall include the following: 
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1 (A) The total number of servicemembers 

2 who suffered a fatal or nonfatal overdose during 

3 the previous calendar year, including— 

4 (i) demographic information, including 

5 gender, race, age, military department, 

6 military rank, pay grade, and station; 

7 (ii) the location of the fatal overdose, 

8 including whether the overdose was on a 

9 military base; and 

10 (iii) a list of the substances involved 

11 in the fatal overdose. 

12 (B) Of the servicemembers identified in 

13 subparagraph (A)— 

14 (i) the number of servicemembers who 

15 received mental health or substance use 

16 disorder services prior to a fatal or 

17 nonfatal overdose, including a description 

18 of whether such services were received 

19 from a private sector provider; 

20 (ii) the number of servicemembers 

21 with comorbid mental health diagnoses; 

22 (iii) the number of servicemembers 

23 who had been prescribed opioids, 

24 benzodiazepines, or stimulants; 
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1 (iv) the number of servicemembers 

2 who had been categorized as high-risk and 

3 prescribed or provided naloxone prior to a 

4 fatal or nonfatal overdose; 

5 (v) the number of servicemembers who 

6 had a positive drug test prior to the fatal 

7 overdose, including any substance identi8 fied in such test; 

9 (vi) the number of servicemembers re10 ferred to, including by self-referral, or en11 gaged in medical treatment, including 

12 medication treatment for opioid use dis13 order; 

14 (vii) with respect to each servicemem15 ber identified in clause (vi), whether the 

16 servicemember was referred after a positive 

17 drug test and the source of such referral; 

18 and 

19 (viii) the number of fatal overdoses 

20 and intentional overdoses. 

21 (C) An analysis of discernable patterns in 

22 fatal and nonfatal overdoses of servicemembers. 

23 (D) A description of existing or anticipated 

24 response efforts to fatal and nonfatal overdoses 

25 at military bases that have rates of fatal 
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1 overdoses that exceed the average rate of fatal 

2 overdoses in the United States. 

3 (E) An assessment of the availability of 

4 substance use disorder treatment for 

5 servicemembers. 

6 (F) The number of medical facilities of, or 

7 affiliated with, the Department of Defense that 

8 have opioid treatment programs. 

9 (G) A description of punitive measures 

10 taken by the Secretary of Defense in response 

11 to substance misuse, substance use disorder, or 

12 overdose by servicemembers. 

13 (3) PRIVACY.— 

14 (A) IN GENERAL.—Nothing in this sub15 section shall be construed to authorize the dis16 closure by the Secretary of Defense of person17 ally identifiable information of servicemembers 

18 or military family members, including 

19 anonymized personal information that could be 

20 used to re-identify servicemembers or military 

21 family members. 

22 (B) APPLICATION OF HIPAA.—In carrying 

23 out this subsection, the Secretary of Defense 

24 shall take steps to protect the privacy of 

25 servicemembers and military family members 
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1 pursuant to regulations promulgated under sec2 tion 264(c) of the Health Insurance Portability 

3 and Accountability Act of 1996 (42 U.S.C. 

4 1320d–2 note; Public Law 104–191). 

5 (c) STANDARDS FOR THE USE OF MATERIALS TO

6 PREVENT OVERDOSE AND SUBSTANCE USE DISORDER.— 

7 Not later than 1 year after the date of the enactment of 

8 this Act, the Secretary of Defense shall establish stand9 ards for the distribution of, and training for the use of, 

10 naloxone or other medication for overdose reversal, opioid 

11 disposal materials, fentanyl test strips, and other mate12 rials to prevent or reverse overdoses, substance use dis13 order, or impacts related to substance misuse. 

14 (d) SUNSET.—This section shall terminate on the 

15 date that is 5 years after the date of the enactment of 

16 this Act. 

17 (e) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Committee on Armed Services of 

22 the Senate; and 

23 (B) the Committee on Armed Services of 

24 the House of Representatives. 
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1 (2) MILITARY FAMILY MEMBER.—The term 

2 ‘‘military family member’’ means a family member 

3 of a servicemember, including the spouse, parent, de4 pendent, or child of a servicemember, or anyone who 

5 has legal responsibility for the child of a service6 member. 

7 (3) SERVICEMEMBER.—The term ‘‘servicemem8 ber’’ means— 

9 (A) a member of the Armed Forces; or 

10 (B) a member of the National Guard. 

11 SEC. 714. MODIFICATION OF ADMINISTRATION OF MEDICAL 

12 MALPRACTICE CLAIMS BY MEMBERS OF THE 

13 UNIFORMED SERVICES. 

14 (a) IN GENERAL.—Section 2733a of title 10, United 

15 States Code, is amended— 

16 (1) in subsection (a), by striking ‘‘subsection 

17 (f)’’ and inserting ‘‘subsection (j)’’; 

18 (2) in subsection (b)(6), by striking ‘‘subsection 

19 (f)’’ and inserting ‘‘subsection (j)’’; 

20 (3) in subsection (d)(1), by striking ‘‘subsection 

21 (f)’’ and inserting ‘‘subsection (j)’’; 

22 (4) by redesignating subsections (f) through (i) 

23 as subsections (j) through (m), respectively; and 

24 (5) by inserting after subsection (e) the fol25 lowing new subsections: 
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1 ‘‘(f) EXPERT MEDICAL OPINIONS.—(1) The Sec2 retary of Defense may not use an expert medical opinion 

3 from an individual in determining whether to allow, settle, 

4 and pay a claim under this section unless the individual 

5 is a board-certified physician. 

6 ‘‘(2) No claim under this section may be denied on 

7 medical grounds until the Secretary obtains an expert 

8 medical opinion on the medical malpractice alleged under 

9 such claim from an individual who— 

10 ‘‘(A) is not a member of the uniformed services 

11 or a civilian employee of the Department of Defense; 

12 and 

13 ‘‘(B) does not have a business, medical, or per14 sonal relationship with the claimant. 

15 ‘‘(3) If a claim under this section is denied, the Sec16 retary shall provide to the claimant information regarding 

17 the identity and qualifications of any individual who pro18 vided an expert medical opinion upon which such denial 

19 is based. 

20 ‘‘(g) JUSTIFICATION OF DENIAL.—If a claim under 

21 this section is denied, the Secretary of Defense shall pro22 vide the claimant with detailed reasoning justifying the de23 nial of the claim, including— 

24 ‘‘(1) copies of any written reports prepared by 

25 any expert upon which the denial is based; and 
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1 ‘‘(2) all records and documents relied upon in 

2 preparing such written reports. 

3 ‘‘(h) APPEALS.—(1) Any appeal from the denial of 

4 a claim under this section shall be considered by a third5 party review board jointly established by the Chief Judge 

6 of the United States Court of Appeals for the Armed 

7 Forces and the Secretary of Defense. 

8 ‘‘(2) The third-party review board established under 

9 paragraph (1) shall consist of not more than five members, 

10 all of whom who possess sufficient legal or medical back11 ground, or both. 

12 ‘‘(3) A claimant under this section that seeks an ap13 peal under paragraph (1) may submit the appeal directly 

14 to the third-party review board established under such 

15 paragraph. 

16 ‘‘(4) In considering an appeal from the denial of a 

17 claim under this section, the third-party review board es18 tablished under paragraph (1) shall, at the request of the 

19 claimant, allow for a hearing on the merits of the appeal 

20 in an adversarial nature. 

21 ‘‘(5) The Secretary of Defense shall provide to a 

22 claimant seeking an appeal under paragraph (1) a copy 

23 of any response to the appeal that is submitted on behalf 

24 of the Department of Defense. 
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1 ‘‘(6) The third-party review board established under 

2 paragraph (1) shall not consist of any member of the uni3 formed services or civilian employee of the Department of 

4 Defense. 

5 ‘‘(i) TREATMENT OF NON-ECONOMIC DAMAGES.—(1) 

6 Any non-economic damages provided to a member of the 

7 uniformed services under this section may not be offset 

8 by compensation provided or expected to be provided by 

9 the Department of Defense or the Department of Veterans 

10 Affairs. 

11 ‘‘(2)(A) The Secretary of Defense shall establish a 

12 cap on non-economic damages to be provided with respect 

13 to a claim under this section. 

14 ‘‘(B)(i) The cap established under subparagraph (A) 

15 shall be determined by calculating the average of non-eco16 nomic damage caps for medical malpractice claims appli17 cable in California, Texas, North Carolina, and Virginia. 

18 ‘‘(ii) If a State specified in clause (i) provides a dif19 ferent cap for cases involving death and cases not involv20 ing death, the cap for cases not involving death shall be 

21 used. 

22 ‘‘(C) The cap established under paragraph (1) shall 

23 be recalculated not less frequently than once every three 

24 years.’’. 
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1 (b) APPOINTMENT OF MEMBERS.—Not later than 

2 180 days after the date of the enactment of this Act, the 

3 Chief Judge of the United States Court of Appeals for 

4 the Armed Forces and the Secretary of Defense shall 

5 jointly appoint members to the board established under 

6 subsection (h)(1) of section 2733a of title 10, United 

7 States Code, as added by subsection (a)(5). 

8 (c) REPORT.—Not later than 180 days after the es9 tablishment of the board required under subsection (h)(1) 

10 of section 2733a of title 10, United States Code, as added 

11 by subsection (a)(5), the Secretary of Defense shall submit 

12 to the Committees on Armed Services of the Senate and 

13 the House of Representatives a report indicating— 

14 (1) the membership of the board; 

15 (2) the qualifying background of each member 

16 of the board; and 

17 (3) a statement indicating the independence of 

18 each member of the board from the Department of 

19 Defense. 
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1 Subtitle C—Reports and Other 

2 Matters 

3 SEC. 721. MODIFICATION OF PARTNERSHIP PROGRAM BE4 TWEEN UNITED STATES AND UKRAINE FOR 

5 MILITARY TRAUMA CARE AND RESEARCH. 

6 Section 736 of the James M. Inhofe National Defense 

7 Authorization Act for Fiscal Year 2023 (Public Law 117– 

8 263) is amended— 

9 (1) by redesignating paragraphs (7) through 

10 (9) as paragraphs (8) through (10), respectively; 

11 and 

12 (2) by inserting after paragraph (6) the fol13 lowing new paragraph (7): 

14 ‘‘(7) The provision of training and support to 

15 Ukraine for the treatment of individuals with ex16 tremity trauma, amputations, post-traumatic stress 

17 disorder, traumatic brain injuries, and any other 

18 mental health conditions associated with post-trau19 matic stress disorder or traumatic brain injuries, in20 cluding— 

21 ‘‘(A) the exchange of subject matter exper22 tise; 

23 ‘‘(B) training and support relating to ad24 vanced clinical skills development; and 
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1 ‘‘(C) training and support relating to clin2 ical case management support.’’. 

3 SEC. 722. REQUIREMENT THAT DEPARTMENT OF DEFENSE 

4 DISCLOSE EXPERT REPORTS WITH RESPECT 

5 TO MEDICAL MALPRACTICE CLAIMS BY MEM6 BERS OF THE UNIFORMED SERVICES. 

7 Section 2733a of title 10, United States Code, as 

8 amended by section 714, is further amended— 

9 (1) by redesignating subsections (l) and (m) as 

10 subsections (m) and (n), respectively; and 

11 (2) by inserting after subsection (k) the fol12 lowing new subsection (l): 

13 ‘‘(l) DISCLOSURE BY DEPARTMENT OF DEFENSE.— 

14 (1) The Secretary of Defense shall disclose to a claimant 

15 under this section a copy of all written reports, other than 

16 medical quality assurance records (as defined in section 

17 1102(j) of this title), prepared by a medical expert of the 

18 Department of Defense or any medical expert consulted 

19 by the Department with respect to the claim. 

20 ‘‘(2) Any disclosure under paragraph (1) with respect 

21 to an expert described in such paragraph shall include the 

22 following: 

23 ‘‘(A) The records and documents considered by 

24 the expert. 
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1 ‘‘(B) A description of the bases and reasons for 

2 the opinion of the expert. 

3 ‘‘(C) The opinion or opinions of the expert re4 garding standard of care. 

5 ‘‘(D) The opinion or opinions of the expert re6 garding causation. 

7 ‘‘(E) A description of any disagreement by the 

8 expert with any opinion or opinions of the expert of 

9 the claimant. 

10 ‘‘(3) Any disclosure under paragraph (1) with respect 

11 to an expert described in such paragraph shall not include 

12 an identification of the expert. 

13 ‘‘(4) If an expert described in paragraph (1) does not 

14 prepare a written report, the Secretary shall disclose the 

15 information required under this section to the claimant in 

16 writing.’’. 

17 SEC. 723. COMPTROLLER GENERAL STUDY ON IMPACT OF 

18 PERINATAL MENTAL HEALTH CONDITIONS 

19 OF MEMBERS OF THE ARMED FORCES AND 

20 THEIR DEPENDENTS ON MILITARY READI21 NESS AND RETENTION. 

22 (a) STUDY.— 

23 (1) IN GENERAL.—The Comptroller General of 

24 the United States shall conduct a study on perinatal 

25 mental health conditions among members of the 
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1 Armed Forces and dependents of such members dur2 ing the five-year period preceding the date of the en3 actment of this Act. 

4 (2) ELEMENTS.—The study required under 

5 paragraph (1) shall include the following: 

6 (A) An assessment of beneficiaries under 

7 the TRICARE program, including members of 

8 the Armed Forces and dependents of such 

9 members, who attempted suicide or died by sui10 cide or substance use overdose during the 

11 perinatal period. 

12 (B) An assessment of members of the 

13 Armed Forces discharged from active duty due 

14 to a mental health condition within two years 

15 after the perinatal period. 

16 (C) An assessment of beneficiaries under 

17 the TRICARE program, including members of 

18 the Armed Forces and dependents of such 

19 members, diagnosed with a perinatal mental 

20 health condition who were relocated during the 

21 perinatal period. 

22 (D) An assessment of the effects of reten23 tion and promotion policies of the Department 

24 of Defense relating to perinatal mental health 

25 conditions on members of the Armed Forces 
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1 seeking and accessing screening, referral, and 

2 treatment. 

3 (E) The number of members of the Armed 

4 Forces who were separated from the Armed 

5 Forces or did not receive a promotion due to a 

6 diagnosed perinatal mental health condition. 

7 (F) An assessment of whether policies of 

8 the Department can be modified to provide 

9 clear standards for retention and pathways for 

10 promotion of members of the Armed Forces di11 agnosed with a perinatal mental health condi12 tion. 

13 (G) An assessment of resources needed to 

14 integrate behavioral health specialists into all 

15 obstetric care practices, pediatric practices, and 

16 women’s clinics. 

17 (H) A disaggregated demographic assess18 ment of the population included in the study 

19 with respect to race, ethnicity, sex, age, family 

20 status (including dual service and single parent 

21 families), military occupation, military service, 

22 and rank, as applicable. 

23 (b) REPORT.—Not later than one year after the date 

24 of the enactment of this Act, the Comptroller General shall 

25 submit to the Committees on Armed Services of the Sen-
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1 ate and the House of Representatives a report on the find2 ings of the study conducted under subsection (a), includ3 ing— 

4 (1) recommendations for actions to be taken by 

5 the Secretary of Defense to improve mental health 

6 among members of the Armed Forces and depend7 ents of such members during the perinatal period; 

8 (2) recommendations for legislative or adminis9 trative action to mitigate the effects of retention and 

10 promotion policies of the Department of Defense on 

11 members of the Armed Forces seeking and accessing 

12 mental health care during the perinatal period; and 

13 (3) such other recommendations as the Comp14 troller General determines appropriate. 

15 (c) DEFINITIONS.—In this section: 

16 (1) DEPENDENT; TRICARE PROGRAM.—The 

17 terms ‘‘dependent’’ and ‘‘TRICARE program’’ have 

18 the meanings given those terms in section 1072 of 

19 title 10, United States Code. 

20 (2) PERINATAL MENTAL HEALTH CONDITION.— 

21 The term ‘‘perinatal mental health condition’’ means 

22 a mental health disorder that onsets during the 

23 perinatal period. 

24 (3) PERINATAL PERIOD.—The term ‘‘perinatal 

25 period’’ means the period during pregnancy and the 
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1 one-year period following childbirth, still birth, or 

2 miscarriage. 

3 SEC. 724. REPORT ON MENTAL AND BEHAVIORAL HEALTH 

4 SERVICES PROVIDED BY DEPARTMENT OF 

5 DEFENSE. 

6 Not later than 90 days after the date of the enact7 ment of this Act, the Director of the Defense Health 

8 Agency shall submit to the Committees on Armed Services 

9 of the Senate and the House of Representatives a report 

10 that contains the following: 

11 (1) The current wait times for members of the 

12 Armed Forces, including members of the Selected 

13 Reserve of the Ready Reserve of a reserve compo14 nent of the Armed Forces who are enrolled in 

15 TRICARE Reserve Select under section 1076d of 

16 title 10, United States Code, to receive mental and 

17 behavioral health services, disaggregated by State. 

18 (2) An assessment of the number of additional 

19 mental and behavioral health care providers needed 

20 for the Department of Defense to meet established 

21 metrics associated with access to mental and behav22 ioral health services. 

23 (3) An explanation of the credentialing stand24 ards for mental and behavioral health care providers 

25 of the Department, including a comparison of those 
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1 standards to the standards for other Federal and 

2 private sector health care providers. 

3 SEC. 725. REPORT ON ACTIVITIES OF DEPARTMENT OF DE4 FENSE TO PREVENT, INTERVENE, AND TREAT 

5 PERINATAL MENTAL HEALTH CONDITIONS 

6 OF MEMBERS OF THE ARMED FORCES AND 

7 THEIR DEPENDENTS. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of the enactment of this Act, the Secretary of Defense 

10 shall submit to the Committees on Armed Services of the 

11 Senate and the House of Representatives a report on the 

12 activities of the Department of Defense to address the 

13 mental health of pregnant and postpartum members of the 

14 Armed Forces and dependents of such members. 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include the following 

17 (1) An identification of the military medical 

18 treatment facilities at which the Secretary offers 

19 members of the Armed Forces and their dependents 

20 evidence-based programs during the perinatal period 

21 that are proven to prevent perinatal mental health 

22 conditions. 

23 (2) An assessment of such programs offered at 

24 such facilities, including an assessment of— 

25 (A) the types of programs; 
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1 (B) the number and location of programs; 

2 (C) the number of members of the Armed 

3 Forces and their dependents who have partici4 pated in such programs, disaggregated by 

5 Armed Force, military occupation, sex, age, 

6 race, and ethnicity, when applicable; and 

7 (D) whether such programs are delivered 

8 in-person or virtually and the frequency of the 

9 availability of such programs; 

10 (3) The number of behavioral health specialists 

11 for pregnant and postpartum members of the Armed 

12 Forces and dependents integrated into obstetric care 

13 practices, pediatrics, and women’s clinics at military 

14 medical treatment facilities. 

15 (4) An assessment of the implementation of, or 

16 plans to implement, a pilot program to provide a re17 productive behavioral health consultation service by 

18 the Secretary as outlined in the White House Blue19 print for Addressing the Maternal Health Crisis, 

20 dated June 2022, including— 

21 (A) the number of providers the pilot pro22 gram has served or plans to serve, 

23 disaggregated by provider type, specialty, and 

24 location; 
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1 (B) the number and type of trainings pro2 viders received or will receive through the con3 sultation line on evidence-based practices to 

4 prevent, screen, refer, and treat perinatal men5 tal health conditions; 

6 (C) the locations that have had or will have 

7 access to the pilot program; 

8 (D) the types of expertise services that the 

9 consultation line provides or will provide; and 

10 (E) methods currently used or that will be 

11 used to promote the availability of the consulta12 tion line to providers. 

13 (5) Any recommendations for legislative or ad14 ministrative action to improve prevention, interven15 tion, and treatment of perinatal mental health condi16 tions for members of the Armed Forces and their 

17 dependents. 

18 (c) DEFINITIONS.—In this section: 

19 (1) DEPENDENT.—The term ‘‘dependent’’ has 

20 the meaning given that term in section 1072(2) of 

21 title 10, United States Code. 

22 (2) PERINATAL MENTAL HEALTH CONDITION.— 

23 The term ‘‘perinatal mental health condition’’ means 

24 a mental health disorder that occurs during preg-
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1 nancy or within one year following childbirth, still2 birth, or miscarriage. 

3 SEC. 726. STUDY ON FAMILY PLANNING AND 

4 CRYOPRESERVATION OF GAMETES TO IM5 PROVE RETENTION OF MEMBERS OF THE 

6 ARMED FORCES. 

7 (a) IN GENERAL.—The Secretary of Defense shall 

8 conduct a study on— 

9 (1) the number of members of the Armed 

10 Forces who elect to leave the Armed Forces for fam11 ily planning reasons, disaggregated by gender, age, 

12 and military occupational specialty; 

13 (2) whether the option of cryopreservation of 

14 gametes would lead to greater retention of members 

15 of the Armed Forces; 

16 (3) methods for the Department of Defense to 

17 offer cryopreservation of gametes for the purposes of 

18 retention of members of the Armed Forces; 

19 (4) the cost to the Department of offering 

20 cryopreservation of gametes to active duty members 

21 of the Armed Forces; and 

22 (5) such other matters relating to family plan23 ning and cryopreservation of gametes for members 

24 of the Armed Forces as the Secretary considers rel25 evant. 
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1 (b) BRIEFING.—Not later than April 1, 2024, the 

2 Secretary shall brief the Committees on Armed Services 

3 of the Senate and the House of Representatives on the 

4 results of the study conducted under subsection (a). 

5 TITLE VIII—ACQUISITION POL6 ICY, ACQUISITION MANAGE7 MENT, AND RELATED MAT8 TERS 

9 Subtitle A—Acquisition Policy and 

10 Management 

11 SEC. 801. AMENDMENTS TO MULTIYEAR PROCUREMENT 

12 AUTHORITY. 

13 Section 3501 of title 10, United States Code, is 

14 amended— 

15 (1) in subsection (a)(1)— 

16 (A) by striking ‘‘will result in significant 

17 savings’’ and inserting the following: ‘‘will re18 sult in— 

19 ‘‘(A) significant savings’’; and 

20 (B) by striking ‘‘annual contracts.’’ and in21 serting the following: ‘‘annual contracts; or 

22 ‘‘(B) necessary industrial base stability not 

23 otherwise achievable through annual con24 tracts.’’; and 
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1 (2) by striking ‘‘$500,000,000’’ each place it 

2 appears and inserting ‘‘$1,000,000,000’’. 

3 SEC. 802. MODERNIZING THE DEPARTMENT OF DEFENSE 

4 REQUIREMENTS PROCESS. 

5 (a) MODERNIZING THE DEPARTMENT OF DEFENSE

6 REQUIREMENTS PROCESS.—Not later than October 1, 

7 2025, the Secretary of Defense, acting through the Vice 

8 Chairman of the Joint Chiefs of Staff, in cooperation with 

9 the Secretaries of the military departments and the com10 manders of the combatant commands, and in coordination 

11 with the Under Secretary of Defense for Acquisition and 

12 Sustainment, shall develop and implement a streamlined 

13 Department of Defense requirements process, to include 

14 modernizing the Joint Capabilities Integration and Devel15 opment System, in order to improve alignment between 

16 modern warfare concepts, technologies, and system devel17 opment and reduce the time to delivery of needed capabili18 ties to Department users. 

19 (b) REFORM ELEMENTS.—The modernization activi20 ties conducted under subsection (a) shall include the fol21 lowing elements: 

22 (1) Streamlining requirements documents, re23 views, and approval processes, especially for pro24 grams below the major defense acquisition program 
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1 threshold described in section 4201 of title 10, 

2 United Stated Code. 

3 (2) Revisiting requirements management prac4 tices from a first principles perspective based on 

5 mission outcomes and assessed threats, enabling a 

6 more iterative and collaborative approach with the 

7 services to shape requirements and technology driven 

8 opportunities. 

9 (3) Developing a capability needs and require10 ments framework and pathways that are aligned to 

11 the Department’s Adaptive Acquisition Framework 

12 pathways, and better aligned and integrated with the 

13 Department’s science and technology processes. 

14 (4) Enabling the military departments to de15 velop an enduring set of requirements according to 

16 a set of capability portfolios to provide a structure 

17 across acquisition programs and research, which 

18 shall be articulated in a concise model and document 

19 with a set of mission impact measures that capa20 bility deliveries will seek to continuously improve. 

21 (5) Establishing a process to rapidly validate 

22 the military utility of commercial solutions to meet 

23 capability needs or opportunities in lieu of the tradi24 tional program-centric requirements definition. 
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1 (6) Retiring and replacing the Department of 

2 Defense Architecture Framework with a new struc3 ture focused on enabling interoperability through ap4 plication program interfaces, enterprise architectures 

5 and platforms, and government and commercial 

6 standards. 

7 (7) Ensuring that requirements processes for 

8 software, artificial intelligence, data, and related ca9 pability areas enable a rapid, dynamic, and iterative 

10 approach than traditional hardware systems. 

11 (c) ELEMENTS.—The implementation of streamlined 

12 requirements shall include the following elements: 

13 (1) Collaboration with industry, traditional and 

14 non-traditional defense companies, and the science 

15 and technology community to capture their inputs 

16 and feedback on shaping the Department’s require17 ments processes to ensure it effectively harnesses the 

18 innovation ecosystem. 

19 (2) Development of a formal career path, train20 ing, and structure for requirements management 

21 professionals and chief architects. 

22 (3) Publication of new policies, guidance, and 

23 templates for the operational, requirements, and ac24 quisition workforce in online digital formats instead 

25 of large policy documents. 
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1 (d) INTERIM REPORT.—Not later than October 1, 

2 2024, the Secretary of Defense shall submit to the con3 gressional defense committees an interim report on the 

4 modernization conducted by the Secretary under sub5 section (a), including— 

6 (1) a description of the modernization efforts; 

7 (2) the Department of Defense’s plans to imple8 ment, communicate, and continuously improve the 

9 modernization of the Department’s requirements 

10 processes and structure; and 

11 (3) any additional recommendations for legisla12 tion that the Secretary determines appropriate. 

13 (e) FINAL REPORT.—Not later than October 1, 2025, 

14 the Secretary of Defense shall submit to the Secretary of 

15 Defense and the congressional defense committees a final 

16 report describing activities carried out pursuant to sub17 sections (b) and (c). 

18 SEC. 803. HEAD OF CONTRACTING AUTHORITY FOR STRA19 TEGIC CAPABILITIES OFFICE. 

20 (a) AUTHORITY.—The Director of the Strategic Ca21 pabilities Office shall have the authority to conduct acqui22 sition activities within the Strategic Capabilities Office. 

23 (b) ACQUISITION EXECUTIVE.—– 

24 (1) IN GENERAL.—The staff of the Director 

25 shall include an acquisition executive, who shall be 
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1 responsible for the overall supervision of acquisition 

2 matters for the Strategic Capabilities Office. The ac3 quisition executive shall have the authority— 

4 (A) to negotiate memoranda of agreement 

5 with the military departments and Department 

6 of Defense components to carry out the acquisi7 tion of equipment, capabilities, and services on 

8 behalf of the Office; 

9 (B) to supervise the acquisition of equip10 ment, capabilities, and services on behalf of the 

11 Office; 

12 (C) to represent the Office in discussions 

13 with the military departments regarding acqui14 sition programs for which the Office is a cus15 tomer; and 

16 (D) to work with the military departments 

17 to ensure that the Office is appropriately rep18 resented in any joint working group or inte19 grated product team regarding acquisition pro20 grams for which the Office is a customer. 

21 (2) DELIVERY OF ACQUISITION SOLUTIONS.— 

22 The acquisition executive of the Strategic Capabili23 ties Office shall be— 
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1 (A) responsible to the Director for rapidly 

2 delivering acquisition solutions to meet vali3 dated cyber operations-peculiar requirements; 

4 (B) subordinate to the defense acquisition 

5 executive in matters of acquisition; 

6 (C) subject to the same oversight as the 

7 service acquisition executives; and 

8 (D) included on the distribution list for ac9 quisition directives and instructions of the De10 partment of Defense. 

11 (c) IMPLEMENTATION PLAN REQUIRED.—The au12 thority granted in subsection (a) shall become effective 30 

13 days after the date on which the Secretary of Defense pro14 vides to the congressional defense committees a plan for 

15 implementation of those authorities under subsection (a). 

16 The plan shall include the following: 

17 (1) Summaries of the components to be nego18 tiated in the memoranda of agreement with the mili19 tary departments and other Department of Defense 

20 components to carry out the development, acquisi21 tion, and sustainment of equipment, capabilities, and 

22 services described in subsection (b)(1). 

23 (2) Negotiation and approval timelines for 

24 memorandum of agreement. 
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1 (3) A plan for oversight of the acquisition exec2 utive established under subsection (b). 

3 (4) An assessment of the acquisition workforce 

4 needs of the Strategic Capabilities Office to support 

5 the authority provided under subsection (a) until 

6 2028. 

7 (5) Other matters as appropriate. 

8 (d) ANNUAL END-OF-YEAR ASSESSMENT.—Each 

9 year, the Under Secretary of Defense for Acquisition and 

10 Sustainment shall review and assess the acquisition activi11 ties of the Strategic Capabilities Office, including con12 tracting and acquisition documentation, for the previous 

13 fiscal year and provide any recommendations or feedback 

14 to the acquisition executive of the Strategic Capabilities 

15 Office. 

16 (e) SUNSET.— 

17 (1) IN GENERAL.—The authority provided 

18 under this section shall terminate on September 30, 

19 2028. 

20 (2) LIMITATION ON DURATION OF ACQUISI21 TIONS.—The authority under this section does not 

22 include major defense acquisition programs, major 

23 automated information system programs, or acquisi24 tions of foundational infrastructure or software ar-
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1 chitectures the duration of which is expected to last 

2 more than five years. 

3 SEC. 804. PILOT PROGRAM FOR THE USE OF INNOVATIVE 

4 INTELLECTUAL PROPERTY STRATEGIES. 

5 (a) IN GENERAL.—As soon as practicable, the Sec6 retary of each military department shall designate one ac7 quisition program within their service and the Under Sec8 retary of Defense for Acquisition and Sustainment shall 

9 designate one acquisition program within the Department 

10 of Defense Agencies and Field Activities for the use of 

11 innovative intellectual property strategies in order to ac12 quire the necessary technical data rights required for the 

13 operations and maintenance of that system. 

14 (b) BRIEFING REQUIREMENT.—Not later than 180 

15 days after the date of the enactment of this Act, the Under 

16 Secretary of Defense for Acquisition and Sustainment, in 

17 coordination with the Secretaries of the military depart18 ments, shall provide a briefing to the Committees on 

19 Armed Services of the Senate and the House of Represent20 atives with a detailed plan to implement the requirements 

21 of this section. 

22 (c) ANNUAL REPORT.—Upon selection of the pro23 grams to be covered by this section and until the termi24 nation of this authority, the Under Secretary of Defense 

25 for Acquisition and Sustainment, in coordination with the 
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1 Secretaries of the military departments, shall provide an 

2 annual report to the Committees on Armed Services of the 

3 Senate and the House of Representatives on the effective4 ness of the pilot program in acquiring the data necessary 

5 to support timely, cost-effective maintenance and 

6 sustainment of the system and any recommendations for 

7 the applicability of lessons learned from this pilot program 

8 to future acquisition programs. 

9 (d) DEFINITIONS.—In this section: 

10 (1) DEPARTMENT OF DEFENSE AGENCIES AND

11 FIELD ACTIVITIES.—The terms ‘‘Department of De12 fense Agency’’ and ‘‘Department of Defense Field 

13 Activity’’ have the meanings given those terms in 

14 section 101 of title 10, United States Code. 

15 (2) INNOVATIVE INTELLECTUAL PROPERTY

16 STRATEGIES.—The term ‘‘innovative intellectual 

17 property strategies’’ includes the following: 

18 (A) The use of an escrow account to verify 

19 and hold intellectual property data. 

20 (B) The use of royalties or licenses. 

21 (C) Other innovative strategies to acquire 

22 the necessary level of intellectual property and 

23 data rights to support the operations, mainte24 nance, installation, and training (OMIT) of the 

25 selected program. 
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1 (e) SUNSET.—The authority to initiate a program 

2 under this section shall terminate on December 31, 2028. 

3 SEC. 805. FOCUSED COMMERCIAL SOLUTIONS OPENINGS 

4 OPPORTUNITIES. 

5 (a) REQUIREMENT.—The Secretary of Defense, in 

6 coordination with the service acquisition executives of each 

7 military department, shall create not less than three new 

8 commercial solutions opening (CSO) opportunities pursu9 ant to section 3458 of title 10, United States Code, each 

10 fiscal year. Each such CSO opportunities shall be dedi11 cated to addressing the mission needs and integrated pri12 ority lists of a single geographic combatant command. 

13 (b) EXECUTION.—In creating the CSO opportunities 

14 required under subsection (a), the Secretary of Defense 

15 shall— 

16 (1) assign the responsibility for issuing a CSO 

17 to a single military department, with a program ex18 ecutive officer from that military department as19 signed as lead; and 

20 (2) ensure that any program executive office 

21 (PEO) assignment should be made to align the 

22 needs of the CSO with a PEO that has similar exist23 ing requirements and funding for transitioning tech24 nologies within the focus area. 
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1 (c) SUNSET.—The requirement in subsection (a) 

2 shall expire on September 30, 2027. 

3 SEC. 806. STUDY ON REDUCING BARRIERS TO ACQUISITION 

4 OF COMMERCIAL PRODUCTS AND SERVICES. 

5 (a) IN GENERAL.—The Secretary of Defense, acting 

6 through the Under Secretary of Defense for Acquisition 

7 and Sustainment, shall conduct a study on the feasibility 

8 and advisability of— 

9 (1) establishing a default determination that 

10 products and services acquired by the Department of 

11 Defense are commercial and do not require commer12 cial determination as provided under section 3456 of 

13 title 10, United States Code; 

14 (2) establishing a requirement for non-commer15 cial determinations to be made for acquisitions to 

16 use procedures other than part 12 of the Federal 

17 Acquisition Regulation; and 

18 (3) mandating use of commercial procedures 

19 under part 12 of the Federal Acquisition Regulation 

20 unless a justification of non-commerciality is deter21 mined. 

22 (b) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act, the Secretary of Defense 

24 shall submit to the congressional defense committees a re25 port on the findings of the study conducted under sub-
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1 section (a). The report shall include specific findings with 

2 relevant data and proposed recommendations, including 

3 for any necessary and desirable modifications to applicable 

4 statute for any changes the Department seeks to make 

5 regarding paragraphs (1) through (3) of subsection (a). 

6 SEC. 807. SENSE OF THE SENATE ON INDEPENDENT COST 

7 ASSESSMENT. 

8 It is the sense of the Senate that— 

9 (1) to implement the National Defense Strat10 egy, the Department of Defense requires thoughtful 

11 and thorough analysis to ensure efficient and effec12 tive use of each taxpayer dollar to inform tradeoff 

13 analysis that delivers the optimum portfolio of mili14 tary capabilities; 

15 (2) the Secretary of Defense requires timely, in16 sightful, and unbiased analysis on cost estimation 

17 for major defense acquisition programs; and 

18 (3) the Office of the Director of Cost Assess19 ment and Program Evaluation supports implementa20 tion of the National Defense Strategy by— 

21 (A) providing insight into the costs of 

22 major defense acquisition programs and other 

23 technology development initiatives that enables 

24 responsible budgeting and proactive manage-
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1 ment decisions so that the Department can con2 trol cost, drive efficiency, and achieve savings; 

3 (B) ensuring that the cost estimation 

4 workforce of the Department of Defense is 

5 using the most modern and realistic cost esti6 mation methodologies, tools, and tradecraft, in7 cluding the collection and distribution of data 

8 through the Cost Assessment Data Enterprise; 

9 and 

10 (C) providing timely review and oversight 

11 of cost estimates performed by the defense 

12 agencies and military departments. 

13 SEC. 808. EMERGENCY ACQUISITION AUTHORITY FOR PUR14 POSES OF REPLENISHING UNITED STATES 

15 STOCKPILES. 

16 Section 3601(a)(1) of title 10, United States Code, 

17 is amended— 

18 (1) in subparagraph (A)(iv), by striking ‘‘; or’’ 

19 and inserting a semicolon; 

20 (2) in subparagraph (B), by striking the period 

21 at the end and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(C) for purposes of— 
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1 ‘‘(i) replenishing United States stock2 piles with like defense articles when those 

3 stockpiles are diminished as a result of the 

4 United States providing defense articles in 

5 response to an armed attack by a country 

6 of concern (as that term is defined in sec7 tion 1(m) of the State Department Basic 

8 Authorities Act of 1956 (22 U.S.C. 

9 2651a(m)) against— 

10 ‘‘(I) a United States ally (as that 

11 term is defined in section 201(d) of 

12 the Act of December 2, 1942, entitled, 

13 ‘To provide benefits for the injury, 

14 disability, death, or enemy detention 

15 of employees of contractors with the 

16 United States, and for other purposes’ 

17 (56 Stat. 1028, chapter 668; 42 

18 U.S.C. 1711(d))); or 

19 ‘‘(II) a United States partner; or 

20 ‘‘(ii) contracting for the movement or 

21 delivery of defense articles transferred to 

22 such ally or partner through the Presi23 dent’s drawdown authorities in connection 

24 with such response, 
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1 provided that the United States is not a party 

2 to the hostilities.’’. 

3 Subtitle B—Amendments to Gen4 eral Contracting Authorities, 

5 Procedures, and Limitations 

6 SEC. 811. COMMANDER INITIATED RAPID CONTRACTING 

7 ACTIONS. 

8 (a) IN GENERAL.—The commander of a combatant 

9 command, upon providing a written determination to a 

10 supporting head (or heads) of contracting activity (HCA), 

11 may request emergency, rapid contracting response using 

12 special authorities described in subsection (b)— 

13 (1) in support of a contingency operation (as 

14 defined in section 101(a) of title 10, United States 

15 Code); 

16 (2) to facilitate the defense against or recovery 

17 from cyber, nuclear, biological, chemical, or radio18 logical attack against the United States; 

19 (3) in support of a humanitarian or peace20 keeping operation (as the term is defined in section 

21 3015(2) of title 10, United States Code); and 

22 (4) for purposes of protecting the national secu23 rity interests of the United States during directed 

24 operations that fall below the level of armed conflict. 
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1 (b) APPLICABILITY.—In carrying out subsection (a), 

2 the HCA may utilize the following authorities to rapidly 

3 respond to time-sensitive or unplanned emergency situa4 tions: 

5 (1) For actions taken under subsection (a) in 

6 the case of a contract to be awarded and performed, 

7 or purchase to be made, in the United States, sim8 plified procedures for a single contracting action 

9 may be used up to $15,000. 

10 (2) For actions taken under subsection (a) in 

11 the case of a contract to be awarded and performed, 

12 or purchase to be made, outside the United States, 

13 simplified procedures for a single contracting action 

14 may be used up to $25,000. 

15 (3) For purposes of section 3205(a)(2) of title 

16 10, United States Code, the applicable threshold is 

17 deemed to be $10,000,000. 

18 (4) The property or service being procured may 

19 be treated as a commercial product or a commercial 

20 service for the purpose of carrying out the procure21 ment. 

22 (c) DETERMINATION.—A written determination re23 quired under subsection (a) may be used to cover more 

24 than one requested action, and may be directed to more 

25 than one HCA, and shall include: 
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1 (1) The rationale for initiating the request in 

2 accordance with paragraphs (1) though (4) of such 

3 subsection. 

4 (2) A description of the actions being requested 

5 of the HCA. 

6 (3) A declaration that funds are available for 

7 such requested contracting support. 

8 (d) SUNSET.—The authority under subsection (a) 

9 shall terminate on September 30, 2028. 

10 (e) ANNUAL REPORT.—Not later than January 15, 

11 2025, and annually thereafter for four years, the Chair12 man of the Joint Chiefs of Staff, in coordination with the 

13 Under Secretary of Defense for Acquisition and 

14 Sustainment, shall provide a report to the congressional 

15 defense committees on the use of the authority under this 

16 section for the previous fiscal year. The report shall in17 clude a summary of each instance of the authority being 

18 used, including— 

19 (1) the combatant command initiating the ac20 tion or actions; 

21 (2) the supporting HCA or HCAs; and 

22 (3) the specific actions requested, including the 

23 contract performer and value of contracting action. 
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1 SEC. 812. EXTENSION AND REVISIONS TO NEVER CON2 TRACT WITH THE ENEMY. 

3 (a) IN GENERAL.—Section 841 of the Carl Levin and 

4 Howard P. ‘‘Buck’’ McKeon National Defense Authoriza5 tion Act for Fiscal Year 2015 (Public Law 113–291; 10 

6 U.S.C. 4871 note prec.) is amended— 

7 (1) by striking the section heading and insert8 ing ‘‘THREAT MITIGATION IN COMMERCIAL

9 SUPPORT TO OPERATIONS’’; 

10 (2) in subsection (a)— 

11 (A) by striking the subsection heading and 

12 inserting ‘‘PROGRAM ESTABLISHED’’; 

13 (B) by striking ‘‘and in consultation with 

14 the Secretary of State’’ and all that follows 

15 through the period at the end and inserting 

16 ‘‘and the Secretary of State, establish a pro17 gram to enable combatant commanders to iden18 tify and manage risks introduced by covered 

19 persons and entities providing commercial sup20 port to military operations. The Secretary of 

21 Defense shall publish policy establishing this 

22 program with responsibilities for program exe23 cution and oversight and procedures for use of 

24 available intelligence, security, and law enforce25 ment information to identify threats and em26 ployment of a range of strategies, including the 
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1 covered procurement actions described in this 

2 section, to manage risks posed by covered per3 sons and entities that are engaged in covered 

4 activities.’’; 

5 (3) by amending subsection (b) to read as fol6 lows: 

7 ‘‘(b) AUTHORITY.— 

8 ‘‘(1) IDENTIFICATION.—The combatant com9 mander shall identify covered persons or entities en10 gaged in covered activities through the program es11 tablished under subsection (a). Upon identification 

12 of a covered person or entity, combatant com13 manders, or their designated deputies, shall notify 

14 and provide rationale for such an identification to 

15 the Under Secretary of Defense for Acquisition and 

16 Sustainment, the Under Secretary of Defense for In17 telligence and Security, and the Under Secretary of 

18 Defense for Policy. 

19 ‘‘(2) COVERED PROCUREMENT ACTIONS.— 

20 ‘‘(A) IN GENERAL.—The head of a con21 tracting activity may exercise a covered pro22 curement action on a covered persons or entity. 

23 ‘‘(B) LIMITATION ON COVERED PROCURE24 MENT ACTIONS.—The head of a contracting ac25 tivity may exercise a covered procurement ac-
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1 tion only after receiving a notification and rec2 ommendation from the Under Secretary of De3 fense for Acquisition and Sustainment, based 

4 on a risk assessment by the identifying combat5 ant commander, that states that— 

6 ‘‘(i) the person or entity identified by 

7 the combatant commander meets the cri8 teria for a covered person or entity and 

9 was or is actively engaged in one or more 

10 covered activities; and 

11 ‘‘(ii) less intrusive measures are not 

12 reasonably available to manage the risk.’’; 

13 (4) by amending subsection (c) to read as fol14 lows: 

15 ‘‘(c) NOTIFICATION TO COVERED PERSON OR ENTI16 TY.— 

17 ‘‘(1) ADVANCE NOTICE.—Contracting activities 

18 shall notify covered persons and entities through 

19 covered solicitations and contracts, grants, or coop20 erative agreements of the following matters: 

21 ‘‘(A) The program established under sub22 section (a). 

23 ‘‘(B) The authorities established under 

24 subsection (b). 
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1 ‘‘(C) The responsibilities of covered per2 sons or entities to exercise due diligence to miti3 gate their engagement in covered activities. 

4 ‘‘(2) NOTICE OF COVERED PROCUREMENT AC5 TIONS.— 

6 ‘‘(A) IN GENERAL.—Upon exercising a 

7 covered procurement action, the head of a con8 tracting activity shall notify the covered person 

9 or entity of the action. The covered person or 

10 entity shall be permitted the opportunity to 

11 challenge the covered procurement action by re12 questing an administrative review of the action 

13 under the procedures of the Department of De14 fense not later than 30 days after receipt of no15 tice of the action. 

16 ‘‘(B) LIMITATION ON DISCLOSURE OF IN17 FORMATION.—Full disclosure of information to 

18 a covered person or entity justifying an identi19 fication made under subsection (b)(1) or a cov20 ered procurement action need not be provided 

21 when such a disclosure would compromise na22 tional security or would pose an unacceptable 

23 threat to personnel of the United States or 

24 partners and allies. 
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1 ‘‘(C) PROTECTION OF CLASSIFIED INFOR2 MATION.—Classified information relied upon to 

3 exercise a covered procurement action may not 

4 be disclosed to a covered person or entity, or to 

5 their representatives, unless a protective order 

6 issued by a court of competent jurisdiction es7 tablished under article I or article III of the 

8 Constitution of the United States specifically 

9 addresses the conditions under which such clas10 sified information may be disclosed.’’; 

11 (5) by amending subsection (d) to read as fol12 lows: 

13 ‘‘(d) COVERED PROCUREMENT ACTION REPORT14 ING.—All covered procurement actions shall be reported 

15 to the Under Secretary of Defense for Acquisition and 

16 Sustainment and reported in the Federal Awardee Per17 formance and Integrity Information System (FAPIIS) or 

18 other formal systems or record. Exclusions shall also be 

19 reported in the System for Award Management (SAM).’’; 

20 (6) by amending subsection (e) to read as fol21 lows: 

22 ‘‘(e) ANNUAL REVIEW.—The Secretary of Defense, 

23 in coordination with the Director of National Intelligence 

24 and the Secretary of State, shall, on an annual basis, re25 view the lists of persons and entities having been subject 
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1 to a covered procurement action under subsection (b)(2) 

2 to determine whether or not such persons and entities con3 tinue to warrant use of the covered procurement action.’’; 

4 (7) by amending subsection (f) to read as fol5 lows: 

6 ‘‘(f) WAIVER.—The Secretary of Defense, in conjunc7 tion with the Secretary of State, may grant a waiver for 

8 actions taken under subsection (b) if it is in the best inter9 est of national security.’’; 

10 (8) by amending subsection (g) to read as fol11 lows: 

12 ‘‘(g) DELEGATION OF AUTHORITY.—The authority 

13 provided by subsection (b) to make a determination to use 

14 a covered procurement action, in whole or in part, may 

15 not be delegated below the level of head of contracting ac16 tivity, or equivalent official for purposes of grants or coop17 erative agreements.’’; 

18 (9) by amending subsection (h) to read as fol19 lows: 

20 ‘‘(h) UPDATING REGULATIONS.—The Federal Acqui21 sition Regulation and the Defense Federal Acquisition 

22 Regulation Supplement shall be revised to implement the 

23 provisions of this subtitle.’’; 

24 (10) in subsection (i)— 

25 (A) in paragraph (1)— 
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1 (i) by striking ‘‘Director of the Office 

2 of Management and Budget’’ and inserting 

3 ‘‘Secretary of Defense’’; 

4 (ii) by striking ‘‘appropriate commit5 tees of Congress’’ and inserting ‘‘congres6 sional defense committees’’; 

7 (iii) in subparagraph (A)— 

8 (I) by striking ‘‘an executive 

9 agency exercised the authority to ter10 minate, void, or restrict a contract, 

11 grant, and cooperative agreement pur12 suant to subsection (c), based on a 

13 notification under subsection (b)’’ and 

14 inserting ‘‘a head of contracting activ15 ity exercised a covered procurement 

16 action’’; 

17 (II) in clause (i) by striking ‘‘ex18 ecutive agency’’ and inserting ‘‘head 

19 of contracting activity’’; 

20 (III) in clause (ii), by striking 

21 ‘‘the action taken’’ and inserting ‘‘ex22 ercising the covered procurement ac23 tion’’; 

24 (IV) in clause (iii), by striking 

25 ‘‘voided or terminated’’ and inserting 
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1 ‘‘subject to the covered procurement 

2 action’’; and 

3 (V) in clause (iv)— 

4 (aa) by striking ‘‘executive 

5 agency in force’’ and inserting 

6 ‘‘Department of Defense has’’ 

7 and 

8 (bb) by striking ‘‘concerned 

9 at the time the contract, grant, 

10 or cooperative agreement was ter11 minated or voided’’ and replacing 

12 with ‘‘at the time of exercise of 

13 the covered procurement action’’; 

14 and 

15 (iv) in subparagraph (B)— 

16 (I) by striking ‘‘an executive 

17 agency did not exercise the authority 

18 to terminate, void, or restrict a con19 tract, grant, and cooperative agree20 ment pursuant to subsection (c), 

21 based on a notification under sub22 section (b)’’ and inserting ‘‘a head of 

23 contracting activity did not exercise a 

24 covered procurement action following 
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1 an identification from a combatant 

2 commander’’; 

3 (II) in clause (i), by striking ‘‘ex4 ecutive agency’’ and inserting ‘‘head 

5 of contracting activity’’; and 

6 (III) in clause (ii), by inserting 

7 ‘‘covered procurement’’ before ‘‘ac8 tion’’; and 

9 (B) in paragraph (2), by striking ‘‘Direc10 tor’’ and inserting ‘‘Secretary of Defense’’; 

11 (11) by striking subsection (j) and (m) and re12 designating subsections (k), (l), and (n) as sub13 sections (j), (k), and (l), respectively; 

14 (12) in subsection (k), as redesignated by para15 graph (11), by striking ‘‘Except as provided in sub16 section (l), the’’ and inserting ‘‘The’’; and 

17 (13) in subsection (l), as so redesignated, by 

18 striking ‘‘December 31, 2025’’ and inserting ‘‘De19 cember 31, 2033’’. 

20 (b) ACCESS TO RECORDS.—Section 842 of the Carl 

21 Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

22 Authorization Act for Fiscal Year 2015 is amended by 

23 striking subsections (a) through (c) and inserting the fol24 lowing: 
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1 ‘‘(a) ADDITIONAL ACCESS TO RECORDS.—The Sec2 retary of Defense may examine any records of persons or 

3 entities that have existing contracts with, or are active re4 cipients of a grant or cooperative agreement from, the De5 partment of Defense, including any subcontractors or sub6 grantees, to the extent necessary to support the program 

7 established under section 841 of this Act. 

8 ‘‘(b) LIMITATION.—The examination authorized 

9 under subsection (a) may only take place after a written 

10 determination is made by the contracting officer, informed 

11 by a finding from the combatant commander, stating that 

12 this examination will support the program established 

13 under such section 841, and less intrusive measures are 

14 not reasonably available to manage the risk.’’. 

15 (c) DEFINITIONS.—Section 843 of the Carl Levin 

16 and Howard P. ‘‘Buck’’ McKeon National Defense Au17 thorization Act for Fiscal Year 2015 is amended— 

18 (1) by striking paragraphs (1), (2), (3), (4), 

19 (7), and (9) and redesignating paragraphs (5), (6), 

20 and (8) as paragraphs (2), (3), and (6); 

21 (2) by inserting before paragraph (2), as redes22 ignated by paragraph (1) of this section, the fol23 lowing new paragraph: 
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1 ‘‘(1) COVERED ACTIVITIES.—The term ‘covered 

2 activities’ means activities where a covered person or 

3 entity is— 

4 ‘‘(A) engaging in acts of violence against 

5 personnel of the United States or partners and 

6 allies; 

7 ‘‘(B) providing financing, logistics, train8 ing, or intelligence to a person described in sub9 paragraph (A); 

10 ‘‘(C) engaging in foreign intelligence activi11 ties against the United States or partners and 

12 allies; 

13 ‘‘(D) engaging in transnational organized 

14 crime or criminal activities; or 

15 ‘‘(E) engaging in other activities that 

16 present a direct or indirect risk to United 

17 States or partner and allied missions and 

18 forces.’’; 

19 (3) in paragraph (2), as so redesignated, by 

20 striking ‘‘with an estimated value in excess of 

21 $50,000 that is performed outside the United 

22 States, including its territories and possessions, in 

23 support’’ and all that follows through the period at 

24 the end and inserting ‘‘that is performed outside the 
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1 United States, including its territories and posses2 sions.’’; 

3 (4) by amending paragraph (3), as so redesig4 nated, to read as follows: 

5 ‘‘(3) COVERED PERSON OR ENTITY.—The term 

6 ‘covered person or entity’ means any person, cor7 poration, company, limited liability company, limited 

8 partnership, business trust, business association, or 

9 other similar entity outside of the United States or 

10 any foreign reporting company in accordance with 

11 section 5336(a)(11)(A)(ii) of title 31, United States 

12 Code, that is responding to a covered solicitation or 

13 performing work on a covered contract, grant, or co14 operative agreement.’’; and 

15 (5) by inserting after paragraph (3), as so re16 designated, the following new paragraphs: 

17 ‘‘(4) COVERED PROCUREMENT ACTION.—The 

18 term ‘covered procurement action’means an action 

19 taken by a head of contracting activity to— 

20 ‘‘(A) exclude a person or commercial entity 

21 from award with or without an existing con22 tract, grant, or cooperative agreement; 

23 ‘‘(B) terminate an existing contract, grant, 

24 or cooperative agreement for default; or 
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1 ‘‘(C) void in whole or in part an existing 

2 contract, grant, or cooperative agreement. 

3 ‘‘(5) COVERED SOLICITATION.—The term ‘cov4 ered solicitation’ means any Department of Defense 

5 solicitation for work for which the place of perform6 ance is outside of the United States.’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect not later than 180 days after 

9 the enactment of this Act, and shall apply to covered so10 licitations issued and covered contracts, grants, or cooper11 ative agreements (as that term is defined in section 843 

12 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na13 tional Defense Authorization Act for Fiscal Year 2015, 

14 as amended by subsection (c)) awarded on or after such 

15 date, and to task and delivery orders that have been issued 

16 on or after such date pursuant to covered contracts, 

17 grants, or cooperative agreements that are awarded be18 fore, on, or after such date. 

19 SEC. 813. ENHANCEMENT OF DEPARTMENT OF DEFENSE 

20 CAPABILITIES TO PREVENT CONTRACTOR 

21 FRAUD. 

22 (a) WITHHOLDING OF CONTRACTUAL PAYMENTS.— 

23 Subsection (a) of section 4651 of title 10, United States 

24 Code, is amended— 
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1 (1) in paragraph (1), by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) in paragraph (2)— 

4 (A) by striking ‘‘clause (1)’’ and inserting 

5 ‘‘paragraph (1)’’; and 

6 (B) by striking ‘‘at least three, but not 

7 more than 10, as determined by the Secretary 

8 or his designee, times the cost incurred by the 

9 contractor in giving gratuities to the officer, of10 ficial, or employee concerned.’’ and inserting 

11 ‘‘of up to 10 percent of the total contract award 

12 amount;’’; 

13 (3) by inserting after paragraph (2) the fol14 lowing new paragraphs: 

15 ‘‘(3) with respect to a contract that could have 

16 been terminated under paragraph (1) but for the 

17 completion of performance of the contract, the 

18 United States is entitled to exemplary damages as 

19 set forth in paragraph (2); and 

20 ‘‘(4) the Secretary of Defense or the Secretary 

21 of a military department may, after providing notice 

22 to the contractor and pending the determination 

23 concerning exemplary damages referred to in para24 graph (2), withhold from payments otherwise due to 

25 the contractor under any contract between the con-
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1 tractor and the United States an amount not to ex2 ceed 10 percent of the total contract award 

3 amount.’’; and 

4 (4) in the matter following paragraph (4), as 

5 added by paragraph (3) of this subsection, by strik6 ing ‘‘clause (1)’’ and inserting ‘‘paragraph (1)’’. 

7 (b) BURDEN OF PROOF.—Paragraph (1) of section 

8 4651(a) of title 10, United States Code, as amended by 

9 subsection (a) of this section, is further amended by in10 serting ‘‘and by a preponderance of the evidence’’ after 

11 ‘‘after notice and hearing’’. 

12 SEC. 814. MODIFICATION OF APPROVAL AUTHORITY FOR 

13 HIGH DOLLAR OTHER TRANSACTION AGREE14 MENTS FOR PROTOTYPES. 

15 (a) AMENDMENTS RELATING TO AUTHORITY.—Sec16 tion 4022(a)(2)(C)(i)(I) of title 10, United States Code, 

17 is amended by inserting after ‘‘subsection (d)’’ the fol18 lowing: ‘‘were met for the prior transaction for the proto19 type project that provided for the award of the follow-on 

20 production contract or transaction, and the requirements 

21 of subsection (f)’’. 

22 (b) AMENDMENT RELATING TO APPROPRIATE USE

23 OF AUTHORITY.—Section 4022(d) of such title is amended 

24 by adding at the end the following new paragraph: 
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1 ‘‘(3) The requirements of this subsection do not apply 

2 to follow-on production contracts or transactions under 

3 subsection (f).’’. 

4 SEC. 815. MODIFICATIONS TO EARNED VALUE MANAGE5 MENT SYSTEM REQUIREMENTS. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, the Under Secretary 

8 for Acquisition and Sustainment shall update appropriate 

9 policies related to Earned Value Management (EVM) as 

10 follows: 

11 (1) Update subpart 234.2 of the Defense Fed12 eral Acquisition Regulation Supplement (DFARS) to 

13 exempt all software contracts and subcontracts from 

14 EVM requirements. 

15 (2) Update sections 234.201, 234.203, 

16 252.234–7001, and 252.242–7002 of the DFARS— 

17 (A) to increase contract value thresholds 

18 associated with requiring EVM on cost or in19 centive contracts from $20,000,000 to 

20 $50,000,000; and 

21 (B) to increase the contract value thresh22 old for the contractor to use an EVM System 

23 from $50,000,000 to $100,000,000. 

24 (b) IMPLEMENTATION.—If the Under Secretary of 

25 Defense for Acquisition and Sustainment is unable to up-
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1 date the regulations specified in subsection (a) before the 

2 deadline specified in such subsection, the Under Secretary 

3 of Defense for Acquisition and Sustainment shall pro4 viding to the Committee on Armed Services of the Senate 

5 and the Committee on Armed Services of the House of 

6 Representatives a briefing explaining the timeline for im7 plementation. 

8 SEC. 816. INVENTORY OF INFLATION AND ESCALATION IN9 DICES. 

10 (a) INVENTORY REQUIRED.— 

11 (1) IN GENERAL.—Not later than September 

12 30, 2024, the Under Secretary of Defense for Acqui13 sition and Sustainment, in coordination with the 

14 Service Acquisition Executives, shall conduct an in15 ventory of inflation and escalation indices currently 

16 used for contracting and pricing purposes across the 

17 Department and make the inventory available as a 

18 resource for all government and industry contracting 

19 and pricing professionals. 

20 (2) ELEMENTS.—The inventory required under 

21 paragraph (1)— 

22 (A) shall include indices used for products 

23 and indices used for services, including accessi24 bility instructions; 
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1 (B) may include relevant indices derived 

2 from or leveraged by commercial, academic, or 

3 nongovernmental sources; and 

4 (C) shall separately identify indices for 

5 which the Department of Defense purchases ac6 cess. 

7 (b) ASSESSMENT.—As part of the inventory required 

8 under subsection (a), the Under Secretary of Defense for 

9 Acquisition and Sustainment shall also conduct an assess10 ment of the available inflation and escalation indices in 

11 order to determine— 

12 (1) gaps in any available indices where identi13 fication or development of new indices may be nec14 essary; and 

15 (2) in instances where there are multiple indices 

16 being used— 

17 (A) whether consolidation on a single index 

18 or smaller subset of indices is possible or advis19 able; and 

20 (B) whether commercial, academic, or non21 governmental indices have any comparative ben22 efit or advantage over governmental sources. 

23 (c) PERIODIC UPDATES.—The Under Secretary of 

24 Defense for Acquisition and Sustainment shall periodi-
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1 cally, and not less than once every 5 years, review and 

2 update the inventory required under subsection (a). 

3 (d) GUIDANCE.—Not later than March 30, 2025, the 

4 Under Secretary of Defense for Acquisition and 

5 Sustainment, in coordination with the Service Acquisition 

6 Executives, shall issue guidance providing for the con7 sistent application and maintenance of data included in 

8 the inventory required under subsection (a) for use by gov9 ernment contracting and pricing personnel. 

10 SEC. 817. PILOT PROGRAM TO INCENTIVIZE PROGRESS 

11 PAYMENTS. 

12 (a) PILOT PROGRAM.—The Under Secretary of De13 fense for Acquisition and Sustainment shall establish and 

14 implement a pilot program to incentivize large business 

15 concerns awarded Department of Defense contracts to 

16 qualify for progress payments up to 10 percentage points 

17 higher than the standard progress payment rate. 

18 (b) INCENTIVES.—The Under Secretary for Acquisi19 tion and Sustainment shall establish clear and measurable 

20 criteria to provide for the payment to contractors of higher 

21 progress payments as described in subsection (a), includ22 ing meeting one or more of the following criteria: 

23 (1) Adherence to delivery dates for contract end 

24 items and contract data requirement lists or compli-
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1 ance with the performance milestone schedule during 

2 the preceding fiscal year. 

3 (2) The lack of any open level III or IV correc4 tive action requests. 

5 (3) Acceptability of the contractor’s business 

6 systems without significant deficiencies. 

7 (4) Meeting small business subcontracting goals 

8 during the preceding fiscal year. 

9 (c) REPORT.—The Under Secretary for Acquisition 

10 and Sustainment shall submit to the Committees on 

11 Armed Services of the Senate and House of Representa12 tives an annual report on the implementation of the pilot 

13 program established under subsection (a), including a 

14 comprehensive list of contractors and the contracts that 

15 received the increased progress payments. 

16 (d) DEFINITIONS.—In this section: 

17 (1) STANDARD PROGRESS PAYMENT RATE.— 

18 The term ‘‘standard progress payment rate’’ refers 

19 to the rate of progress payments provided for under 

20 section 3804 of title 10, United States Code, and 

21 payable in accordance with the applicable provisions 

22 of the Federal Acquisition Regulation and the De23 fense Federal Acquisition Regulation Supplement. 

24 (2) LARGE BUSINESS CONCERNS.—The term 

25 ‘‘large business concerns’’ means a business concern 
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1 that exceeds the small business size code standards 

2 established by the Small Business Administration as 

3 set forth in part 121 of title 13, Code of Federal 

4 Regulations. 

5 (e) SUNSET.—The authority to carry out the pilot 

6 program established under subsection (a) shall terminate 

7 on January 1, 2026. 

8 SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE 

9 CONTRACTING AND PRICING PROCESSES. 

10 Section 890 of the John S. McCain National Defense 

11 Authorization Act for Fiscal Year 2019 (Public Law 115– 

12 232), as most recently amended by section 818 of the 

13 James M. Inhofe National Defense Authorization Act for 

14 Fiscal Year 2023, is further amended in subsection (c) 

15 by striking ‘‘January 2, 2024’’ and inserting ‘‘January 2, 

16 2028’’. 

17 SEC. 819. PREVENTING CONFLICTS OF INTEREST FOR DE18 PARTMENT OF DEFENSE CONSULTANTS. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of enactment of this Act, the Secretary of Defense 

21 shall amend the Defense Federal Acquisition Regulation— 

22 (1) to require any entity that provides the serv23 ices described in North American Industry Classi24 fication System (NAICS) code 5416, prior to enter-
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1 ing into the Department of Defense contract, to cer2 tify that— 

3 (A) neither the entity nor any of its sub4 sidiaries or affiliates hold a contract with one or 

5 more covered foreign entities; or 

6 (B) the entity maintains a Conflict of In7 terest Mitigation Surveillance Plan described 

8 under subsection (b) that is auditable by con9 tract oversight entities; and 

10 (2) to restrict Department of Defense contracts 

11 from being awarded to an entity that provides the 

12 services described under the NAICS code 5416, if 

13 the entity or any of its subsidiaries or affiliates are 

14 determined, based on the self-certification required 

15 under paragraph (1) or other information, to be a 

16 contractor of, or otherwise providing services to, a 

17 covered foreign entity unless such contractor main18 tains an enforceable Conflict of Interest Mitigation 

19 Surveillance Plan. 

20 (b) CONFLICT OF INTEREST MITIGATION SURVEIL21 LANCE PLAN.—Contractors that are unable to certify 

22 under subsection (a)(1)(A) that neither they nor any of 

23 their subsidiaries or affiliates hold a contract with one or 

24 more covered foreign entities shall maintain a Conflict of 

25 Interest Mitigation Surveillance Plan that is updated an-
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1 nually and shall be provided to applicable contract over2 sight entities upon request. The plan shall include— 

3 (1) identification of the contracts with the cov4 ered foreign entity (or entities) including the specific 

5 entity, the dollar value of the contract, and the spe6 cific personnel working on the contract; 

7 (2) mitigation measures being taken to prevent 

8 conflicts of interest (corporately as well as for indi9 viduals working on the contract) that might arise by 

10 also supporting Department of Defense contracts; 

11 and 

12 (3) notification procedures to the contract over13 sight entities within 15 days of determining an un14 mitigated conflict of interest has arisen. 

15 (c) WAIVER.—The Secretary of Defense, or designee, 

16 shall have the authority to waive conflicts of interest re17 strictions under subsection (a) on a case-by-case basis as 

18 may be necessary to continue contracting for certain na19 tional security requirements. The Secretary of Defense 

20 may not delegate such authority to an official below the 

21 level of a Presidentially appointed, Senate-confirmed offi22 cial. 

23 (d) WAIVER NOTIFICATION.—Not later than 30 days 

24 after issuing a waiver under subsection (c) of this section, 

25 the Secretary of Defense shall provide a written notifica-
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1 tion to the Committee on Armed Services of the Senate 

2 and the Committee on Armed Services of the House of 

3 Representatives regarding the use of such waiver author4 ity. The notification shall include— 

5 (1) the specific justification for providing the 

6 waiver; 

7 (2) the covered foreign entity with which the 

8 waiver recipient is working which gives rise to the 

9 conflict of interest; 

10 (3) the number of bidders on a contract on 

11 which the waiver was required; 

12 (4) the number of bidders on a contract for 

13 which a waiver would not have been required to have 

14 been issued; and 

15 (5) the total dollar value of the contract. 

16 (e) DEFINITIONS.—In this section: 

17 (1) COVERED FOREIGN ENTITY.—The term 

18 ‘‘covered foreign entity’’ means any of the following: 

19 (A) The Government of the People’s Re20 public of China, any Chinese state-owned entity, 

21 or other entity under the ownership, or control, 

22 directly or indirectly, of the Government of the 

23 People’s Republic of China or the Chinese Com24 munist Party that is engaged in one or more 

25 national security industries. 
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1 (B) The Government of the Russian Fed2 eration, any Russian state-owned entity, or any 

3 entity sanctioned by the Secretary of the Treas4 ury under Executive Order 13662 titled ‘‘Block5 ing Property of Additional Persons Contrib6 uting to the Situation in Ukraine’’(79 Fed. 

7 Reg. 16169). 

8 (C) The government or any state-owned 

9 entity of any country if the Secretary of State 

10 determines that such government has repeat11 edly provided support for acts of international 

12 terrorism pursuant to— 

13 (i) section 1754(c)(1)(A) of the Ex14 port Control Reform Act of 2018 (50 

15 U.S.C. 4318(c)(1)(A)); 

16 (ii) section 620A of the Foreign As17 sistance Act of 1961 (22 U.S.C. 2371); 

18 (iii) section 40 of the Arms Export 

19 Control Act (22 U.S.C. 2780); or 

20 (iv) any other provision of law. 

21 (D) Any entity included on any of the fol22 lowing lists maintained by the Department of 

23 Commerce: 
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1 (i) The Entity List set forth in Sup2 plement No. 4 to part 744 of the Export 

3 Administration Regulations. 

4 (ii) The Denied Persons List as de5 scribed in section 764.3(a)(2) of the Ex6 port Administration Regulations. 

7 (iii) The Unverified List set forth in 

8 Supplement No. 6 to part 744 of the Ex9 port Administration Regulations. 

10 (iv) The Military End User List set 

11 forth in Supplement No. 7 to part 744 of 

12 the Export Administration Regulations. 

13 (2) CONTRACT OVERSIGHT ENTITIES.—The 

14 term ‘‘contract oversight entities’’ means any of the 

15 following: 

16 (A) The contracting officer. 

17 (B) The contracting officer representative. 

18 (C) The Defense Contract Management 

19 Agency. 

20 (D) The Defense Contract Audit Agency. 

21 (E) The Office of Inspector General (OIG) 

22 of the Department of Defense or any subcompo23 nent of OIG. 

24 (F) The Government Accountability Office. 
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1 SEC. 820. PROHIBITION ON REQUIRING DEFENSE CON2 TRACTORS TO PROVIDE INFORMATION RE3 LATING TO GREENHOUSE GAS EMISSIONS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) GREENHOUSE GAS.—The term ‘‘greenhouse 

6 gas’’ means— 

7 (A) carbon dioxide; 

8 (B) methane; 

9 (C) nitrous oxide; 

10 (D) nitrogen trifluoride; 

11 (E) hydrofluorocarbons; 

12 (F) perfluorcarbons; or 

13 (G) sulfur hexafluoride. 

14 (2) GREENHOUSE GAS INVENTORY.—The term 

15 ‘‘greenhouse gas inventory’’ means a quantified list 

16 of an entity’s annual greenhouse gas emissions. 

17 (3) NONTRADITIONAL DEFENSE CON18 TRACTOR.—The term ‘‘nontraditional defense con19 tractor’’ has the meaning given the term in section 

20 3014 of title 10, United States Code. 

21 (b) PROHIBITION ON DISCLOSURE REQUIRE22 MENTS.— 

23 (1) NONTRADITIONAL DEFENSE CONTRAC24 TORS.—The Secretary of Defense may not require 

25 any nontraditional defense contractor recipient of a 

26 defense contract to provide a greenhouse gas inven-
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1 tory or to provide any other report on greenhouse 

2 gas emissions. 

3 (2) OTHER THAN NONTRADITIONAL DEFENSE

4 CONTRACTORS.—During the two-year period begin5 ning on the date of the enactment of this Act, the 

6 Secretary of Defense may not require any other than 

7 nontraditional defense contractor recipient of a de8 fense contract to provide a greenhouse gas inventory 

9 or to provide any other report on greenhouse gas 

10 emissions. 

11 SEC. 821. PROHIBITION ON CONTRACTS FOR THE PROVI12 SION OF ONLINE TUTORING SERVICES BY EN13 TITIES OWNED BY THE PEOPLE’S REPUBLIC 

14 OF CHINA. 

15 (a) IN GENERAL.—The Secretary of Defense may 

16 not, on or after the date of the enactment of this Act, 

17 enter into or renew a contract for the provision of online 

18 tutoring services by an entity owned or controlled by the 

19 Government of the People’s Republic of China. 

20 (b) WAIVER.— 

21 (1) IN GENERAL.—The Secretary may waive 

22 the prohibition under subsection (a). 

23 (2) NONDELEGATION.—The Secretary may not 

24 delegate the authority to issue a waiver under para25 graph (1). 
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1 SEC. 822. MODIFICATION OF TRUTHFUL COST OR PRICING 

2 DATA SUBMISSIONS AND REPORT. 

3 Section 3705(b)(2)(B) of title 10, United States 

4 Code, is amended by striking ‘‘should-cost analysis.’’ and 

5 all that follows through ‘‘past performance.’’ and inserting 

6 ‘‘should-cost analysis and shall identify such offerors that 

7 incur a delay greater than 200 days in submitting such 

8 cost or pricing data. The Secretary of Defense shall in9 clude a public notation on such offerors.’’. 

10 SEC. 823. REPEAL OF BONAFIDE OFFICE RULE FOR 8(A) 

11 CONTRACTS WITH THE DEPARTMENT OF DE12 FENSE. 

13 Section 8(a)(11) of the Small Business Act (15 

14 U.S.C. 637(a)(11)) is amended— 

15 (1) by inserting ‘‘(A)’’ before ‘‘To the max16 imum’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(B) Subparagraph (A) shall not apply with re19 spect to a contract entered into under this sub20 section with the Department of Defense.’’. 

21 Subtitle C—Industrial Base 

22 Matters 

23 SEC. 831. DEFENSE INDUSTRIAL BASE ADVANCED CAPA24 BILITIES PILOT PROGRAM. 

25 (a) ESTABLISHMENT.— 
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1 (1) IN GENERAL.—The Under Secretary of De2 fense for Acquisition and Sustainment shall carry 

3 out a pilot program through a public-private part4 nership to accelerate the scaling, production, and ac5 quisition of advanced defense capabilities determined 

6 by the Under Secretary to be critical to the national 

7 security by creating incentives for investment in do8 mestic small businesses or nontraditional businesses 

9 to create a robust and resilient defense industrial 

10 base. 

11 (2) GOALS.—The goals of the public-private 

12 partnership pilot program are as follows: 

13 (A) To bolster the defense industrial base 

14 through acquisition and deployment of ad15 vanced capabilities necessary to field Depart16 ment of Defense modernization programs and 

17 priorities. 

18 (B) To strengthen domestic defense supply 

19 chain resilience and capacity by investing in in20 novative defense companies. 

21 (C) To leverage private equity capital to 

22 accelerate domestic defense scaling, production, 

23 and manufacturing. 

24 (b) PUBLIC-PRIVATE PARTNERSHIPS.— 
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1 (1) IN GENERAL.—In carrying out subsection 

2 (a), the Under Secretary shall enter into one or 

3 more public-private partnerships, consistent with the 

4 phased implementation provided for in subsection 

5 (e), with for-profit persons using the criteria set 

6 forth in paragraph (2). 

7 (2) CRITERIA.—The Under Secretary shall es8 tablish criteria for entering into one or more public9 private partnerships and shall submit to the congres10 sional defense committees such criteria, which shall 

11 not take effect for the purposes of entering into any 

12 agreement until 30 days after submission. 

13 (3) OPERATING AGREEMENT.—The Under Sec14 retary and a person or persons with whom the 

15 Under Secretary enters a partnership under para16 graph (1) shall enter into an operating agreement 

17 that sets forth the roles, responsibilities, authorities, 

18 reporting requirements, term, and governance frame19 work for the partnership and its operations. Such 

20 operating agreements may not take effect until 30 

21 days after they have been submitted to the congres22 sional defense committees. 

23 (c) INVESTMENT OF EQUITY.— 

24 (1) IN GENERAL.—Pursuant to public-private 

25 partnerships entered into under subsection (b), a 
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1 person or persons with whom the Under Secretary 

2 has entered into a partnership may invest equity in 

3 domestic small businesses or nontraditional busi4 nesses consistent with subsection (a), with invest5 ments selected based on technical merit, economic 

6 value, and the Department’s modernization prior7 ities. The partnership shall require investment in not 

8 less than 10 businesses, with no business rep9 resenting greater than 20 percent of total invest10 ment and no capability area exceeding 40 percent of 

11 total investment 

12 (2) AUTHORITIES.—A person or persons de13 scribed in paragraph (1) shall have sole authority to 

14 operate, manage, and invest. 

15 (d) LOAN GUARANTEE.— 

16 (1) IN GENERAL.—Pursuant to the authority 

17 established under øsection ll¿ the Under Sec18 retary shall provide an up to 80 percent loan guar19 antee, pursuant to the public-private partnerships 

20 entered into under subsection (b), with investment of 

21 equity that qualifies under subsection (c) and con22 sistent with the goals set forth under subsection 

23 (a)(2). 

24 (2) PILOT PROGRAM AUTHORITY.—The tem25 porary loan guarantee authority described under 
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1 paragraph (1) is exclusively for the public-private 

2 partnerships authorized under this section and may 

3 not be utilized for other programs or purposes. 

4 (3) SUBJECT TO OPERATING AGREEMENT.— 

5 The loan guarantee under paragraph (1) shall be 

6 subject to the operating agreement entered into 

7 under subsection (b)(3). 

8 (4) USE OF FUNDS.—Obligations incurred by 

9 the Under Secretary under this paragraph shall be 

10 subject to the availability of funds provided in ad11 vance specifically for the purpose of such loan guar12 antees. 

13 (e) PHASED IMPLEMENTATION SCHEDULE AND RE14 QUIRED REPORTS AND BRIEFINGS.—The program estab15 lished under subsection (a) shall be carried out in two 

16 phases as follows: 

17 (1) PHASE 1.— 

18 (A) IN GENERAL.—Phase 1 shall consist of 

19 an initial pilot program with one public-private 

20 partnership, consistent with subsection (b), to 

21 assess the feasibility and advisability of expand22 ing the scope of the program. The Under Sec23 retary shall begin implementation of phase 1 

24 not later than 180 days after the date of the 

25 enactment of this Act. 
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1 (B) IMPLEMENTATION SCHEDULE AND

2 FRAMEWORK.—Not later than 90 days after the 

3 date of the enactment of this Act, the Secretary 

4 shall submit an implementation plan to the con5 gressional defense committees on the design of 

6 phase 1. The plan shall include— 

7 (i) an overview of, and the activities 

8 undertaken, to execute the public-private 

9 partnership; 

10 (ii) a description of the advanced ca11 pabilities and defense industrial base areas 

12 under consideration for investment; 

13 (iii) an overview of the operating 

14 agreement described in subsection (b)(3); 

15 and 

16 (iv) implementation milestones and 

17 metrics. 

18 (C) REPORT AND BRIEFING REQUIRED.— 

19 Not later than 27 months after the date of the 

20 enactment of this Act, the Secretary shall pro21 vide to the congressional defense committees a 

22 report and briefing on the implementation of 

23 this section and the feasibility and advisability 

24 of expanding the scope of the pilot program. 
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1 The report and briefing shall include, at min2 imum— 

3 (i) an overview of program perform4 ance, and implementation and execution 

5 milestones and outcomes; 

6 (ii) an overview of progress in— 

7 (I) achieving new products in 

8 production aligned with Department 

9 of Defense needs; 

10 (II) scaling businesses aligned to 

11 targeted industrial base and capability 

12 areas; 

13 (III) generating defense indus14 trial base job growth; 

15 (IV) increasing supply chain re16 silience and capacity; and 

17 (V) enhancing competition on ad18 vanced capability programs; 

19 (iii) an accounting of activities under20 taken and outline of the opportunities and 

21 benefits of expanding the scope of the pilot 

22 program; and 

23 (iv) a recommendation by the Sec24 retary regarding the feasibility and desir25 ability of expanding the pilot program. 
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1 (2) PHASE 2.— 

2 (A) IN GENERAL.—Not later than 30 

3 months after the date of the enactment of this 

4 Act, the Secretary may expand the scope of the 

5 phase 1 pilot program with the ability to in6 crease to not more than three public-private 

7 partnerships, consistent with subsection (b). 

8 (B) REPORT AND BRIEFING REQUIRED.— 

9 Not later than five years after the date of the 

10 enactment of this Act, the Secretary shall pro11 vide to the congressional defense committees a 

12 report and briefing on the outcomes of the pilot 

13 program under subsection (a), including the ele14 ments described in paragraph (1)(C), and the 

15 feasibility and advisability of making the pro16 gram permanent. 

17 (f) TERMINATION.—The authority to enter into an 

18 agreement to carry out the pilot program under subsection 

19 (a) shall terminate on the date that is five years after the 

20 date of the enactment of this Act. 

21 (g) DEFINITIONS.—In this section: 

22 (1) DOMESTIC BUSINESS.—The term ‘‘domestic 

23 business’’ has the meaning given the term ‘‘U.S. 

24 business’’ in section 800.252 of title 31, Code of 

25 Federal Regulations, or successor regulation. 
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1 (2) DOMESTIC SMALL BUSINESSES OR NON2 TRADITIONAL BUSINESSES.—The term ‘‘domestic 

3 small businesses or nontraditional businesses’’ 

4 means— 

5 (A) a small business that is a domestic 

6 business; or 

7 (B) a nontraditional business that is a do8 mestic business. 

9 (3) NONTRADITIONAL BUSINESS.—The term 

10 ‘‘nontraditional business’’ has the meaning given the 

11 term ‘‘nontraditional defense contractor’’ in section 

12 3014 of title 10, United States Code. 

13 (4) SMALL BUSINESS.—The term ‘‘small busi14 ness’’ has the meaning given the term ‘‘small busi15 ness concern’’ in section 3 of the Small Business Act 

16 (15 U.S.C. 632). 

17 SEC. 832. DEPARTMENT OF DEFENSE NOTIFICATION OF 

18 CERTAIN TRANSACTIONS. 

19 (a) IN GENERAL.—The parties to a covered trans20 action required to file the notification and provide supple21 mentary information to the Department of Justice or the 

22 Federal Trade Commission under section 7A of the Clay23 ton Act (15 U.S.C. 18a) shall concurrently provide such 

24 information to the Department of Defense during the 
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1 waiting period under section 7A of the Clayton Act (15 

2 U.S.C. 18a). 

3 (b) DEFINITIONS.—In this section: 

4 (1) COVERED TRANSACTION.—The term ‘‘cov5 ered transaction’’ means an actual or proposed 

6 merger, acquisition, joint venture, strategic alliance, 

7 or investment— 

8 (A) for which the parties are required to 

9 file a notification under section 7A of the Clay10 ton Act (15 U.S.C. 18a); and 

11 (B) any party to which is, owns, or con12 trols a major defense supplier. 

13 (2) MAJOR DEFENSE SUPPLIER.—The term 

14 ‘‘major defense supplier’’ means— 

15 (A) a current prime contractor of a major 

16 defense acquisition program as defined in chap17 ter 201 of title 10, United States Code; 

18 (B) a current prime contractor of a middle 

19 tier acquisition as defined pursuant to section 

20 804 of the National Defense Authorization Act 

21 for Fiscal Year 2016 (Public Law 114–92; 129 

22 Stat. 882); 

23 (C) a current prime contractor of a soft24 ware acquisition program described under sec25 tion 800 of the National Defense Authorization 
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1 Act for Fiscal Year 2020 (Public Law 116–92; 

2 133 Stat. 1478); 

3 (D) a current prime contractor of a de4 fense business system as defined in section 

5 2222 of title 10, United States Code; or 

6 (E) a current prime contractor of a service 

7 contract with the Department of Defense, as 

8 defined in part 237 of the Defense Federal Ac9 quisition Regulation Supplement, above the 

10 simplified acquisition threshold. 

11 SEC. 833. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION 

12 TO ADDRESS SOURCING AND INDUSTRIAL CA13 PACITY. 

14 (a) ANALYSIS REQUIRED.— 

15 (1) IN GENERAL.—The Secretary of Defense, 

16 acting through the Under Secretary of Defense for 

17 Acquisition and Sustainment and other appropriate 

18 officials, shall review the items under subsection (c) 

19 to determine and develop appropriate actions, con20 sistent with the policies, programs, and activities re21 quired under subpart I of part V of subtitle A of 

22 title 10, United States Code, chapter 83 of title 41, 

23 United States Code, and the Defense Production Act 

24 of 1950 (50 U.S.C. 4501 et seq.), including— 
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1 (A) restricting procurement, with appro2 priate waivers for cost, emergency require3 ments, and non-availability of suppliers, includ4 ing restricting procurement to— 

5 (i) suppliers in the United States; 

6 (ii) suppliers in the national tech7 nology and industrial base (as defined in 

8 section 4801 of title 10, United States 

9 Code); 

10 (iii) suppliers in other allied nations; 

11 or 

12 (iv) other suppliers; 

13 (B) increasing investment through use of 

14 research and development or procurement ac15 tivities and acquisition authorities to— 

16 (i) expand production capacity; 

17 (ii) diversify sources of supply; or 

18 (iii) promote alternative approaches 

19 for addressing military requirements; 

20 (C) prohibiting procurement from selected 

21 sources or nations; 

22 (D) taking a combination of actions de23 scribed under subparagraphs (A), (B), and (C); 

24 or 

25 (E) taking no action. 
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1 (2) CONSIDERATIONS.—The analyses conducted 

2 pursuant to paragraph (1) shall consider national se3 curity, economic, and treaty implications, as well as 

4 impacts on current and potential suppliers of goods 

5 and services. 

6 (b) REPORTING ON ANALYSES, RECOMMENDATIONS, 

7 AND ACTIONS.— 

8 (1) BRIEFING REQUIRED.—Not later than Jan9 uary 15, 2025, the Secretary of Defense shall sub10 mit to the congressional defense committees, in writ11 ing— 

12 (A) a summary of the findings of the anal13 yses undertaken for each item pursuant to sub14 section (a); 

15 (B) relevant recommendations resulting 

16 from the analyses; and 

17 (C) descriptions of specific activities under18 taken as a result of the analyses, including 

19 schedule and resources allocated for any 

20 planned actions. 

21 (2) REPORTING.—The Secretary of Defense 

22 shall include the analyses conducted under sub23 section (a), and any relevant recommendations and 

24 descriptions of activities resulting from such anal-
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1 yses, as appropriate, in each of the following during 

2 the 2025 calendar year: 

3 (A) The annual report or quarterly brief4 ings to Congress required under section 4814 of 

5 title 10, United States Code. 

6 (B) The annual report on unfunded prior7 ities of the national technology and industrial 

8 base required under section 4815 of such title. 

9 (C) Department of Defense technology and 

10 industrial base policy guidance prescribed under 

11 section 4811(c) of such title. 

12 (D) Activities to modernize acquisition 

13 processes to ensure the integrity of the indus14 trial base pursuant to section 4819 of such 

15 title. 

16 (E) Defense memoranda of understanding 

17 and related agreements considered in accord18 ance with section 4851 of such title. 

19 (F) Industrial base or acquisition policy 

20 changes. 

21 (G) Legislative proposals for changes to 

22 relevant statutes which the Department shall 

23 consider, develop, and submit to the Commit24 tees on Armed Services of the Senate and the 
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1 House of Representatives not less frequently 

2 than once per fiscal year. 

3 (H) Other actions as the Secretary of De4 fense determines appropriate. 

5 (c) LIST OF GOODS AND SERVICES FOR ANALYSES, 

6 RECOMMENDATIONS, AND ACTIONS.—The items described 

7 in this subsection are the following: 

8 (1) Traveling Wave Tubes and Traveling Wave 

9 Tube Amplifiers. 

10 SEC. 834. PILOT PROGRAM ON CAPITAL ASSISTANCE TO 

11 SUPPORT DEFENSE INVESTMENT IN THE IN12 DUSTRIAL BASE. 

13 (a) IN GENERAL.—The Secretary of Defense may 

14 carry out a pilot program under this section to use capital 

15 assistance to support the duties and elements of sections 

16 901 and 907. 

17 (b) ELIGIBILITY AND APPLICATION PROCESS.— 

18 (1) IN GENERAL.—An eligible entity seeking 

19 capital assistance for an eligible investment under 

20 this section shall submit to the Secretary of Defense 

21 an application at such time, in such manner, and 

22 containing such information as the Secretary may 

23 require. 

24 (2) SELECTION OF INVESTMENTS.—The Sec25 retary shall establish criteria for selecting among eli-
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1 gible investments for which applications are sub2 mitted under subsection (c)(2). The criteria shall in3 clude— 

4 (A) the extent to which an investment sup5 ports the national security of the United States; 

6 (B) the likelihood that capital assistance 

7 provided for an investment would enable the in8 vestment to proceed sooner than the investment 

9 would otherwise be able to proceed; and 

10 (C) the creditworthiness of an investment. 

11 (c) CAPITAL ASSISTANCE.— 

12 (1) LOANS AND LOAN GUARANTEES.— 

13 (A) IN GENERAL.—The Secretary may 

14 provide loans or loan guarantees to finance or 

15 refinance the costs of an eligible investment se16 lected pursuant to subsection (b)(2). 

17 (B) ADMINISTRATION OF LOANS.— 

18 (i) INTEREST RATE.— 

19 (I) IN GENERAL.—Except as pro20 vided under subclause (II), the inter21 est rate on a loan provided under sub22 paragraph (A) shall be not less than 

23 the yield on marketable United States 

24 Treasury securities of a similar matu25 rity to the maturity of the loan on the 
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1 date of execution of the loan agree2 ment. 

3 (II) EXCEPTION.—The Secretary 

4 may waive the requirement under sub5 clause (I) with respect to an invest6 ment if the investment is determined 

7 by the Secretary of Defense to be vital 

8 to the national security of the United 

9 States. 

10 (III) CRITERIA.—The Secretary 

11 shall establish separate and distinct 

12 criteria for interest rates for loan 

13 guarantees with private sector lending 

14 institutions. 

15 (ii) FINAL MATURITY DATE.—The 

16 final maturity date of a loan provided 

17 under subparagraph (A) shall be not later 

18 than 50 years after the date of substantial 

19 completion of the investment for which the 

20 loan was provided. 

21 (iii) PREPAYMENT.—A loan provided 

22 under subparagraph (A) may be paid ear23 lier than is provided for under the loan 

24 agreement without a penalty. 

25 (iv) NONSUBORDINATION.— 
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1 (I) IN GENERAL.—A loan pro2 vided under subparagraph (A) shall 

3 not be subordinated to the claims of 

4 any holder of investment obligations 

5 in the event of bankruptcy, insolvency, 

6 or liquidation of the obligor. 

7 (II) EXCEPTION.—The Secretary 

8 may waive the requirement under sub9 clause (I) with respect to the invest10 ment in order to mitigate risks to loan 

11 repayment. 

12 (v) SALE OF LOANS.—The Secretary 

13 may sell to another entity or reoffer into 

14 the capital markets a loan provided under 

15 subparagraph (A) if the Secretary deter16 mines that the sale or reoffering can be 

17 made on favorable terms. 

18 (vi) LOAN GUARANTEES.—Any loan 

19 guarantee provided under subparagraph 

20 (A) shall specify the percentage of the 

21 principal amount guaranteed. If the Sec22 retary determines that the holder of a loan 

23 guaranteed by the Department of Defense 

24 defaults on the loan, the Secretary shall 
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1 pay the holder as specified in the loan 

2 guarantee agreement. 

3 (vii) INVESTMENT-GRADE RATING.— 

4 The Secretary shall establish a credit rat5 ing system to ensure a reasonable reassur6 ance of repayment. The system may in7 clude use of existing credit rating agencies 

8 where appropriate. 

9 (viii) TERMS AND CONDITIONS.— 

10 Loans and loan guarantees provided under 

11 subparagraph (A) shall be subject to such 

12 other terms and conditions and contain 

13 such other covenants, representations, war14 ranties, and requirements (including re15 quirements for audits) as the Secretary de16 termines appropriate. 

17 (ix) APPLICABILITY OF FEDERAL

18 CREDIT REFORM ACT OF 1990.—Loans and 

19 loan guarantees provided under subpara20 graph (A) shall be subject to the require21 ments of the Federal Credit Reform Act of 

22 1990 (2 U.S.C. 661 et seq.). 

23 (2) EQUITY INVESTMENTS.— 

24 (A) IN GENERAL.—The Secretary may, as 

25 a minority investor, support an eligible invest-
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1 ment selected pursuant to subsection (b)(2) 

2 with funds or use other mechanisms for the 

3 purpose of purchasing, and may make and fund 

4 commitments to purchase, invest in, make 

5 pledges in respect of, or otherwise acquire, eq6 uity or quasi-equity securities (such as war7 rants), or shares or financial interests of the el8 igible entity receiving support for the eligible in9 vestment, including as a limited partner or 

10 other investor in investment funds, upon such 

11 terms and conditions as the Secretary may de12 termine. 

13 (B) SALES AND LIQUIDATION OF POSI14 TION.—The Secretary shall seek to sell and liq15 uidate any support for an investment provided 

16 under subparagraph (A) as soon as commer17 cially feasible, commensurate with other similar 

18 investors in the investment and taking into con19 sideration the national security interests of the 

20 United States. 

21 (3) TECHNICAL ASSISTANCE.—Subjection to 

22 Appropriations acts, the Secretary may provide tech23 nical assistance with respect to developing and fi24 nancing investments to eligible entities seeking cap25 ital assistance for eligible investments and eligible 
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1 entities receiving capital assistance under this sec2 tion. 

3 (4) TERMS AND CONDITIONS.— 

4 (A) AMOUNT OF CAPITAL ASSISTANCE.— 

5 The Secretary shall provide to an eligible in6 vestment selected pursuant to subsection (b)(2) 

7 the amount of assistance necessary to carry out 

8 the investment. 

9 (B) USE OF UNITED STATES DOLLARS.— 

10 All financial transactions conducted under this 

11 section shall be conducted in United States dol12 lars. 

13 (d) ESTABLISHMENT OF ACCOUNTS.— 

14 (1) CREDIT PROGRAM ACCOUNT.— 

15 (A) ESTABLISHMENT.—There is estab16 lished in the Treasury of the United States a 

17 Department of Defense Credit Program Ac18 count to execute loans and loan guarantees in 

19 accordance with section 502 of the Federal 

20 Credit Reform Act of 1990 (2 U.S.C. 661a). 

21 (B) FUNDING.—The Credit Program Ac22 count shall consist of amounts appropriated 

23 pursuant to the authorization of appropriations 

24 and fees collected pursuant to subparagraph 

25 (C). 
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1 (C) FEE AUTHORITY.—The Secretary may 

2 charge and collect fees for providing capital as3 sistance in amounts to be determined by the 

4 Secretary. The Secretary shall establish the 

5 amount of such fees in regulations at an 

6 amount sufficient to cover but not exceed the 

7 administrative costs to the Office of providing 

8 capital assistance. 

9 (2) EQUITY ACCOUNT.— 

10 (A) ESTABLISHMENT.—There is estab11 lished in the Treasury of the United States a 

12 Department of Defense Strategic Capital Eq13 uity Account. 

14 (B) FUNDING.—The Strategic Capital Eq15 uity Account shall consist of all amounts appro16 priated pursuant to the authorization of appro17 priations. 

18 (3) USE OF FUNDS.—Subject to appropriations 

19 Acts, the Secretary is authorized to pay, from the 

20 Department of Defense Credit Program Account or 

21 the Department of Defense Strategic Capital Equity 

22 Account— 

23 (A) the cost, as defined in section 502 of 

24 the Federal Credit Reform Act of 1990 (2 
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1 U.S.C. 661a), of loans and loan guarantees and 

2 other capital assistance; 

3 (B) administrative expenses associated 

4 with activities under this section; 

5 (C) project-specific transaction costs; 

6 (D) the cost of providing support author7 ized by this section; and 

8 (E) the costs of equity investments. 

9 (e) REGULATIONS.—The Secretary of Defense shall 

10 prescribe such regulations as are necessary to carry out 

11 this section. The Secretary may not exercise the authori12 ties available under this section until such time as these 

13 regulations have been issued and adopted by the Depart14 ment. 

15 (f) ANNUAL REPORT.—Not later than the first Mon16 day in February of a fiscal year, the Secretary of Defense 

17 shall submit to the congressional defense committees an 

18 annual report describing activities carried out pursuant to 

19 this section in the preceding fiscal year and the goals of 

20 the Department of Defense in accordance with this section 

21 for the next fiscal year. 

22 (g) NOTIFICATION REQUIREMENT.—The Secretary 

23 of Defense shall notify the congressional defense commit24 tees not later than 30 days after a use of loans, loan guar-
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1 antees, equity investments, insurance, or reinsurance 

2 under this section. 

3 (h) SUNSET.—The authorities provided under this 

4 section shall expire on October 1, 2028. 

5 (i) DEFINITIONS.—In this section: 

6 (1) CAPITAL ASSISTANCE.—The term ‘‘capital 

7 assistance’’ means loans, loan guarantees, equity in8 vestments, insurance and reinsurance, or technical 

9 assistance provided under subsection (c). 

10 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means— 

12 (A) an individual; 

13 (B) a corporation, including a limited li14 ability corporation; 

15 (C) a partnership, including a public-pri16 vate, limited, or general partnership; 

17 (D) a joint venture, including a strategic 

18 alliance; 

19 (E) a trust; 

20 (F) a State of the United States, including 

21 a political subdivision or any other instrumen22 tality of a State; 

23 (G) a Tribal government or consortium of 

24 Tribal governments; 
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1 (H) any other governmental entity or pub2 lic agency in the United States, including a spe3 cial purpose district or public authority, includ4 ing a port authority; or 

5 (I) a multi-State or multi-jurisdictional 

6 group of public entities within the United 

7 States. 

8 (3) ELIGIBLE INVESTMENT.—The term ‘‘eligi9 ble investment’’ means an investment that facilitates 

10 the efforts of the Office— 

11 (A) to identify, accelerate, and sustain the 

12 establishment, research, development, construc13 tion, procurement, leasing, consolidation, alter14 ation, improvement, or repair of tangible and 

15 intangible assets vital to national security; or 

16 (B) to protect vital tangible and intangible 

17 assets from theft, acquisition, and transfer by 

18 adversaries of the United States. 

19 (4) OBLIGOR.—The term ‘‘obligor’’ means a 

20 party that is primarily liable for payment of the 

21 principal of or interest on a loan. 
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1 SEC. 835. REQUIREMENT TO BUY CERTAIN SATELLITE COM2 PONENTS FROM NATIONAL TECHNOLOGY 

3 AND INDUSTRIAL BASE. 

4 (a) IN GENERAL.—Section 4864(a) of title 10, 

5 United States Code, is amended by adding at the end the 

6 following new paragraph: 

7 ‘‘(6) TRAVELING-WAVE TUBE AND TRAVELING

8 WAVE TUBE AMPLIFIERS.—A traveling-wave tube 

9 and traveling wave tube amplifier, that meets estab10 lished technical and reliability requirements, used in 

11 a satellite weighing more than 400 pounds whose 

12 principle purpose is to support the national security, 

13 defense, or intelligence needs of the United States 

14 Government.’’. 

15 (b) EXCEPTION.—Paragraph (6) of section 4864(a) 

16 of title 10, United States Code, as added by subsection 

17 (a), shall not apply with respect to programs that received 

18 Milestone A approval (as defined in section 2431a of such 

19 title) before October 1, 2022. 

20 (c) CLARIFICATION OF DELEGATION AUTHORITY.— 

21 Subject to subsection (i) of section 4864 of title 10, United 

22 States Code, the Secretary of Defense may delegate to a 

23 service acquisition executive the authority to make a waiv24 er under subsection (d) of such section with respect to the 

25 limitation under subsection (a)(6) of such section, as 

26 added by subsection (a) of this section. 
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1 SEC. 836. SENSE OF CONGRESS RELATING TO RUBBER SUP2 PLY. 

3 It is the sense of Congress that— 

4 (1) the Department of Defense should take all 

5 appropriate action to lessen the dependence of the 

6 Armed Forces on adversarial nations for the pro7 curement of strategic and critical materials, and 

8 that one such material in short supply according to 

9 the most recent report from Defense Logistics Agen10 cy Strategic Material is natural rubber, undermining 

11 our national security and jeopardizing the military’s 

12 ability to rely on a stable source of natural rubber 

13 for tire manufacturing and production of other 

14 goods; and 

15 (2) the Secretary of Defense should take all ap16 propriate action, pursuant with the authority pro17 vided by the Strategic and Critical Materials Stock 

18 Piling Act (50 U.S.C. 98a et seq.) to engage in ac19 tivities that may include stockpiling, but shall also 

20 include research and development aspects for in21 creasing the domestic supply of natural rubber. 

22 Subtitle D—Small Business Matters 

23 SEC. 841. AMENDMENTS TO DEFENSE RESEARCH AND DE24 VELOPMENT RAPID INNOVATION PROGRAM. 

25 Section 4061 of title 10, United States Code, is 

26 amended— 
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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) by inserting ‘‘to enable and assist 

4 small businesses’’ after ‘‘merit-based pro5 gram’’; 

6 (ii) by striking ‘‘fielding of tech7 nologies’’ and inserting ‘‘commercialization 

8 of various technologies, including critical 

9 technologies’’; and 

10 (iii) by inserting ‘‘capabilities devel11 oped through competitively awarded proto12 type agreements’’ after ‘‘defense labora13 tories,’’; and 

14 (B) in paragraph (2), by inserting ‘‘sup15 port full-scale integration,’’ after ‘‘evaluation 

16 outcomes,’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1), by inserting ‘‘pri19 marily major defense acquisition programs, but 

20 also other’’ after ‘‘candidate proposals in sup21 port of’’; and 

22 (B) in paragraph (2), by striking ‘‘by each 

23 military department’’ and inserting ‘‘by each 

24 component small business office of each military 

25 department’’; and 
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1 (3) in subsection (d)(2), by striking 

2 ‘‘$3,000,000’’ and inserting ‘‘$6,000,000’’. 

3 SEC. 842. DEPARTMENT OF DEFENSE MENTOR-PROTE ́ GE ́

4 PROGRAM. 

5 Section 4902(e) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by redesignating subpara8 graphs (A) through (D) as clauses (i) through (iv), 

9 respectively; 

10 (2) by redesignating paragraphs (1) and (2) as 

11 subparagraphs (A) and (B), respectively; 

12 (3) by striking ‘‘Before providing assistance’’ 

13 and inserting ‘‘(1) Before providing assistance’’; and 

14 (4) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) An agreement under this subsection may be a 

17 contract, cooperative agreement, or a partnership inter18 mediary agreement.’’. 

19 SEC. 843. CONSIDERATION OF THE PAST PERFORMANCE OF 

20 AFFILIATE COMPANIES OF SMALL BUSI21 NESSES. 

22 Not later than July 1, 2024, the Secretary of Defense 

23 shall amend section 215.305 of the Defense Federal Ac24 quisition Supplement (or any successor regulation) to re25 quire that when small business concerns bid on Depart-
386 

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1 ment of Defense contracts, the past performance evalua2 tion and source selection processes shall consider, if rel3 evant, the past performance information of affiliate com4 panies of the small business concerns. 

5 SEC. 844. TIMELY PAYMENTS FOR DEPARTMENT OF DE6 FENSE SMALL BUSINESS SUBCONTRACTORS. 

7 (a) REDUCTION IN TIME FOR CONTRACTOR EXPLA8 NATION AND PAST PERFORMANCE CONSIDERATION OF

9 UNJUSTIFIED WITHHOLDING OF PAYMENTS TO DEPART10 MENT OF DEFENSE SMALL BUSINESS SUBCONTRAC11 TORS.—Section 8(d)(13)(B)(i) of the Small Business Act 

12 (15 U.S.C. 637(d)(13)(B)(i)) is amended by inserting ‘‘, 

13 or, for a covered contract awarded by the Department of 

14 Defense, more than 30 days past due,’’ after ‘‘90 days 

15 past due’’. 

16 (b) CLARIFICATION THAT CONTRACTING OFFICERS

17 OF THE DEPARTMENT OF DEFENSE ARE AUTHORIZED TO

18 ENTER OR MODIFY PAST PERFORMANCE INFORMATION

19 RELATED TO UNJUSTIFIED NON-PAYMENT OR REDUCED

20 PAYMENT BEFORE OR AFTER CONTRACT CLOSE-OUT.— 

21 Section 8(d)(13)(C) of the Small Business Act (15 U.S.C. 

22 637(d)(13)(C)) is amended— 

23 (1) by striking ‘‘A contracting officer’’ and in24 serting the following: 
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1 ‘‘(i) IN GENERAL.—A contracting offi2 cer’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(ii) PAST PERFORMANCE INFORMA5 TION FOR DOD CONTRACTS.—The con6 tracting officer for a covered contract 

7 awarded by the Department of Defense 

8 may enter or modify past performance in9 formation of the prime contractor in con10 nection with the unjustified failure to make 

11 a full or timely payment to a subcontractor 

12 before or after close-out of the covered con13 tract.’’. 

14 (c) DUTY OF COOPERATION TO CORRECT AND MITI15 GATE UNJUSTIFIED FAILURE BY DEPARTMENT OF DE16 FENSE PRIME CONTRACTORS TO MAKE FULL OR TIMELY

17 PAYMENTS TO SUBCONTRACTORS.—Section 8(d)(13) of 

18 the Small Business Act (15 U.S.C. 637(d)(13)) is amend19 ed— 

20 (1) by redesignating subparagraph (E) as sub21 paragraph (F); 

22 (2) by inserting after subparagraph (D) the fol23 lowing: 

24 ‘‘(E) COOPERATION ON DOD CON25 TRACTS.— 
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1 ‘‘(i) IN GENERAL.—If a contracting 

2 officer of the Department of Defense de3 termines, with respect to a prime contrac4 tor’s past performance, that there was an 

5 unjustified failure by the prime contractor 

6 on a covered contract awarded by the De7 partment of Defense to make a full or 

8 timely payment to a subcontractor covered 

9 by subparagraph (B) or (C), such prime 

10 contractor is required to cooperate with the 

11 contracting officer, who shall consult with 

12 the Director of Small Business Programs 

13 or Director of Small and Disadvantaged 

14 Business Utilization acting pursuant to 

15 section 15(k)(6) and other representatives 

16 of the Department of Defense, with re17 gards to correcting and mitigating such 

18 unjustified failure to make a full or timely 

19 payment to the subcontractor. 

20 ‘‘(ii) PERIOD.—The duty of coopera21 tion under this subparagraph continues 

22 until the subcontractor is made whole or 

23 the contracting officer’s determination is 

24 no longer effective, and regardless of per-
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1 formance or close-out status of the covered 

2 contract.’’; and 

3 (3) in subparagraph (D), by striking ‘‘subpara4 graph (E)’’ and inserting ‘‘subparagraph (F)’’. 

5 (d) APPLICABILITY.—The amendments made by this 

6 section shall apply to any covered contract (as defined in 

7 section 8(d)(13)(A) of the Small Business Act (15 U.S.C. 

8 637(d)(13)(A)) that is entered into or modified by the De9 partment of Defense on or after the date of enactment 

10 of this Act. 

11 SEC. 845. EXTENSION OF PILOT PROGRAM FOR STREAM12 LINED TECHNOLOGY TRANSITION FROM THE 

13 SBIR AND STTR PROGRAMS OF THE DEPART14 MENT OF DEFENSE. 

15 Section 1710(e) of the National Defense Authoriza16 tion Act for Fiscal Year 2018 (Public Law 115–91) is 

17 amended by striking ‘‘September 30, 2023’’ and inserting 

18 ‘‘September 30, 2028’’. 

19 SEC. 846. ANNUAL REPORTS REGARDING THE SBIR PRO20 GRAM OF THE DEPARTMENT OF DEFENSE. 

21 Section 279(a) of the William M. (Mac) Thornberry 

22 National Defense Authorization Act for Fiscal Year 2021 

23 (Public Law 116–283; 134 Stat. 3507) is amended by 

24 striking ‘‘each fiscal years 2021, 2022, and 2023’’ and 

25 replacing with ‘‘each fiscal year through fiscal year 2028’’. 
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1 SEC. 847. MODIFICATIONS TO THE PROCUREMENT TECH2 NICAL ASSISTANCE PROGRAM. 

3 (a) DEFINITIONS.—Section 4951 of title 10, United 

4 States Code, is amended— 

5 (1) in paragraph (1)(C), by striking ‘‘private, 

6 nonprofit organization’’ and inserting ‘‘nonprofit or7 ganization’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(5) The term ‘business entity’ means a cor11 poration, association, partnership, limited liability 

12 company, limited liability partnership, consortia, 

13 not-for-profit, or other legal entity.’’. 

14 (b) COOPERATIVE AGREEMENTS.—Section 4954 of 

15 title 10, United States Code, is amended— 

16 (1) in subsection (b)— 

17 (A) by redesignating paragraphs (1) and 

18 (2) as subparagraphs (A) and (B); 

19 (B) by inserting ‘‘(1)’’ before ‘‘Under’’; 

20 and 

21 (C) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) The Secretary shall have the ability to waive or 

24 modify the percentages specified in paragraph (1), on a 

25 case-by-case basis, if the Secretary determines that it 

26 would be in the best interest of the program.’’; 
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1 (2) by striking subsection (c) and redesignating 

2 subsections (d), (e), and (f) as subsections (e), (f), 

3 and (h); and 

4 (3) by inserting after subsection (f), as redesig5 nated by paragraph (2), the following new sub6 section: 

7 ‘‘(g) WAIVER OF GOVERNMENT COST SHARE RE8 STRICTION.—If the Secretary of Defense determines it to 

9 be in the best interests of the Federal Government, the 

10 Secretary may waive the restrictions on the percentage of 

11 eligible costs covered by the program under section (b). 

12 The Secretary shall submit to the congressional defense 

13 committees a written justification for such determina14 tion.’’. 

15 (c) AUTHORITY TO PROVIDE CERTAIN TYPES OF

16 TECHNICAL ASSISTANCE.—Section 4958(c) of title 10, 

17 United States Code, is amended— 

18 (1) in paragraph (1), by striking ‘‘; and’’ and 

19 inserting a semicolon; 

20 (2) in paragraph (2), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new 

23 paragraphs: 

24 ‘‘(3) under clause 252.204–7012 of the Defense 

25 Acquisition Regulation Supplement, or any successor 
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1 regulation, and on compliance with those require2 ments (and any successor requirements); and 

3 ‘‘(4) under section 847 of the National Defense 

4 Authorization Act for Fiscal Year 2020 (Public Law 

5 116–92; 133 Stat. 1505), and on compliance with 

6 those requirements (and any such successor require7 ments).’’. 

8 SEC. 848. EXTENSION OF PILOT PROGRAM TO INCENTIVIZE 

9 CONTRACTING WITH EMPLOYEE-OWNED 

10 BUSINESSES. 

11 Section 874 of the National Defense Authorization 

12 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 

13 3204 note) is amended— 

14 (1) in subsection (b)— 

15 (A) in paragraph (1), by inserting ‘‘and 

16 prescribe regulations’’ after ‘‘establish a pilot 

17 program’’; and 

18 (B) in paragraph (3), by striking ‘‘A quali19 fied’’ and inserting ‘‘Each contract held by a 

20 qualified’’; 

21 (2) in subsection (c)(2), by striking ‘‘expended 

22 on subcontracts, subject to such necessary and rea23 sonable waivers’’ and inserting the following: ‘‘ex24 pended on subcontracts, except— 
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1 ‘‘(A) to the extent subcontracted amounts 

2 exceeding 50 percent are subcontracted to other 

3 qualified businesses wholly-owned through an 

4 Employee Stock Ownership Plan; 

5 ‘‘(B) in the case of contracts for products, 

6 to the extent subcontracted amounts exceeding 

7 50 percent are for materials not available from 

8 another qualified business wholly-owned 

9 through an Employee Stock Ownership Plan; or 

10 ‘‘(C) pursuant to such necessary and rea11 sonable waivers’’; and 

12 (3) in subsection (e), by striking ‘‘five years 

13 after’’ and inserting ‘‘eight years after’’. 

14 SEC. 849. ELIMINATING SELF-CERTIFICATION FOR SERV15 ICE-DISABLED VETERAN-OWNED SMALL BUSI16 NESSES. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Small Busi20 ness Administration. 

21 (2) SMALL BUSINESS CONCERN; SMALL BUSI22 NESS CONCERNS OWNED AND CONTROLLED BY

23 SERVICE-DISABLED VETERANS.—The terms ‘‘small 

24 business concern’’ and ‘‘small business concerns 

25 owned and controlled by service-disabled veterans’’ 
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1 have the meanings given those terms in section 3 of 

2 the Small Business Act (15 U.S.C. 632). 

3 (b) ELIMINATING SELF-CERTIFICATION IN PRIME

4 CONTRACTING AND SUBCONTRACTING FOR SDVOSBS.— 

5 (1) IN GENERAL.—Each prime contract award 

6 and subcontract award that is counted for the pur7 pose of meeting the goals for participation by small 

8 business concerns owned and controlled by service9 disabled veterans in procurement contracts for Fed10 eral agencies, as established in section 15(g)(2) of 

11 the Small Business Act (15 U.S.C. 644(g)(2)), shall 

12 be entered into with small business concerns cer13 tified by the Administrator as small business con14 cerns owned and controlled by service-disabled vet15 erans under section 36 of such Act (15 U.S.C. 

16 657f). 

17 (2) EFFECTIVE DATE.—Paragraph (1) shall 

18 take effect on October 1 of the fiscal year beginning 

19 after the Administrator promulgates the regulations 

20 required under subsection (d). 

21 (c) PHASED APPROACH TO ELIMINATING SELF-CER22 TIFICATION FOR SDVOSBS.—Notwithstanding any other 

23 provision of law, any small business concern that self-cer24 tified as a small business concern owned and controlled 

25 by service-disabled veterans may— 
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1 (1) if the small business concern files a certifi2 cation application with the Administrator before the 

3 end of the 1-year period beginning on the date of en4 actment of this Act, maintain such self-certification 

5 until the Administrator makes a determination with 

6 respect to such certification; and 

7 (2) if the small business concern does not file 

8 a certification application before the end of the 1- 

9 year period beginning on the date of enactment of 

10 this Act, lose, at the end of such 1-year period, any 

11 self-certification of the small business concern as a 

12 small business concern owned and controlled by serv13 ice-disabled veterans. 

14 (d) RULEMAKING.—Not later than 180 days after the 

15 date of enactment of this Act, the Administrator shall pro16 mulgate regulations to carry out this section. 

17 SEC. 850. PAYMENT OF SUBCONTRACTORS. 

18 Section 8(d)(13) of the Small Business Act (15 

19 U.S.C. 637(d)(13)) is amended— 

20 (1) in subparagraph (B)(i), by striking ‘‘90 

21 days’’ and inserting ‘‘30 days’’; 

22 (2) in subparagraph (C)— 

23 (A) by striking ‘‘contractor shall’’ and in24 serting ‘‘contractor— 

25 ‘‘(i) shall’’; 
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1 (B) in clause (i), as so designated, by 

2 striking the period at the end and inserting ‘‘; 

3 and’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(i) may enter or modify past per6 formance information of the prime con7 tractor in connection with the unjustified 

8 failure to make a full or timely payment to 

9 a subcontractor subject to this paragraph 

10 before or after close-out of the covered con11 tract.’’. 

12 (3) in subparagraph (D), by striking ‘‘subpara13 graph (E)’’ and inserting ‘‘subparagraph (F)’’; 

14 (4) by redesignating subparagraph (E) as sub15 paragraph (F); and 

16 (5) by inserting after subparagraph (D) the fol17 lowing’’: 

18 ‘‘(E) COOPERATION.— 

19 ‘‘(i) IN GENERAL.—Once a con20 tracting officer determines, with respect to 

21 the past performance of a prime con22 tractor, that there was an unjustified fail23 ure by the prime contractor on a covered 

24 contract to make a full or timely payment 

25 to a subcontractor covered by subpara-
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1 graph (B) or (C), the prime contractor is 

2 required to cooperate with the contracting 

3 officer, who shall consult with the Director 

4 of Small Business Programs or the Direc5 tor of Small and Disadvantaged Business 

6 Utilization acting pursuant to section 

7 15(k)(6) and other representatives of the 

8 Government, regarding correcting and 

9 mitigating the unjustified failure to make a 

10 full or timely payment to a subcontractor. 

11 ‘‘(ii) DURATION.—The duty of co12 operation under this subparagraph for a 

13 prime contractor described in clause (i) 

14 continues until the subcontractor is made 

15 whole or the determination of the con16 tracting officer determination is no longer 

17 effective, and regardless of performance or 

18 close-out status of the covered contract.’’. 
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1 SEC. 851. INCREASE IN GOVERNMENTWIDE GOAL FOR PAR2 TICIPATION IN FEDERAL CONTRACTS BY 

3 SMALL BUSINESS CONCERNS OWNED AND 

4 CONTROLLED BY SERVICE-DISABLED VET5 ERANS. 

6 Section 15(g)(1)(A)(ii) of the Small Business Act (15 

7 U.S.C. 644(g)(1)(A)(ii)) is amended by striking ‘‘3 per8 cent’’ and inserting ‘‘5 percent’’. 

9 SEC. 852. AMENDMENTS TO CONTRACTING AUTHORITY FOR 

10 CERTAIN SMALL BUSINESS CONCERNS. 

11 (a) SOCIALLY AND ECONOMICALLY DISADVANTAGED

12 SMALL BUSINESS CONCERNS.—Section 8(a)(1)(D)(i)(II) 

13 of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) 

14 is amended— 

15 (1) by inserting ‘‘(or $10,000,000, in the case 

16 of a Department of Defense contract, as adjusted 

17 for inflation by the Federal Acquisition Regulatory 

18 Council under section 1.109 of the Federal Acquisi19 tion Regulation)’’ after ‘‘$7,000,000’’; and 

20 (2) by inserting ‘‘(or $8,000,000, in the case of 

21 a Department of Defense contract, as adjusted for 

22 inflation by the Federal Acquisition Regulatory 

23 Council under section 1.109 of the Federal Acquisi24 tion Regulation)’’ after ‘‘$3,000,000’’. 
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1 (b) CERTAIN SMALL BUSINESS CONCERNS OWNED

2 AND CONTROLLED BY WOMEN.—Section 8(m) of the 

3 Small Business Act (15 U.S.C.637(m)) is amended— 

4 (1) in paragraph (7)(B)— 

5 (A) in clause (i), by inserting ‘‘(or 

6 $10,000,000, in the case of a Department of 

7 Defense contract, as adjusted for inflation by 

8 the Federal Acquisition Regulatory Council 

9 under section 1.109 of the Federal Acquisition 

10 Regulation)’’ after ‘‘$7,000,000’’; and 

11 (B) in clause (ii), by inserting ‘‘(or 

12 $8,000,000, in the case of a Department of De13 fense contract, as adjusted for inflation by the 

14 Federal Acquisition Regulatory Council under 

15 section 1.109 of the Federal Acquisition Regu16 lation)’’ after ‘‘$4,000,000’’; and 

17 (2) in paragraph (8)(B)— 

18 (A) in clause (i), by inserting ‘‘(or 

19 $10,000,000, in the case of a Department of 

20 Defense contract, as adjusted for inflation by 

21 the Federal Acquisition Regulatory Council 

22 under section 1.109 of the Federal Acquisition 

23 Regulation)’’ after ‘‘$7,000,000’’; and 

24 (B) in clause (ii), by inserting ‘‘(or 

25 $8,000,000, in the case of a Department of De-
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1 fense contract, as adjusted for inflation by the 

2 Federal Acquisition Regulatory Council under 

3 section 1.109 of the Federal Acquisition Regu4 lation)’’ after ‘‘$4,000,000’’. 

5 (c) QUALIFIED HUBZONE SMALL BUSINESS CON6 CERNS.—Section 31(c)(2)(A)(ii) of the Small Business 

7 Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended— 

8 (1) in subclause (I), by inserting ‘‘(or 

9 $10,000,000, in the case of a Department of De10 fense contract, as adjusted for inflation by the Fed11 eral Acquisition Regulatory Council under section 

12 1.109 of the Federal Acquisition Regulation)’’ after 

13 ‘‘$7,000,000’’; and 

14 (2) in subclause (II), by inserting ‘‘(or 

15 $8,000,000, in the case of a Department of Defense 

16 contract, as adjusted for inflation by the Federal Ac17 quisition Regulatory Council under section 1.109 of 

18 the Federal Acquisition Regulation)’’ after 

19 ‘‘$3,000,000’’. 

20 (d) SMALL BUSINESS CONCERNS OWNED AND CON21 TROLLED BY SERVICE-DISABLED VETERANS.—Section 

22 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)) 

23 is amended— 

24 (1) in subparagraph (A), by inserting ‘‘(or 

25 $10,000,000, in the case of a Department of De-
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1 fense contract, as adjusted for inflation by the Fed2 eral Acquisition Regulatory Council under section 

3 1.109 of the Federal Acquisition Regulation)’’ after 

4 ‘‘$7,000,000’’; and 

5 (2) in subparagraph (B), by inserting ‘‘(or 

6 $8,000,000, in the case of a Department of Defense 

7 contract, as adjusted for inflation by the Federal Ac8 quisition Regulatory Council under section 1.109 of 

9 the Federal Acquisition Regulation)’’ after 

10 ‘‘$3,000,000’’. 

11 (e) CERTAIN VETERAN-OWNED CONCERNS.—Section 

12 8127(c) of title 38, United States Code, is amended by 

13 striking ‘‘$5,000,000’’ and inserting ‘‘the dollar thresholds 

14 under section 36(c)(2) of the Small Business Act (15 

15 U.S.C. 657f(c)(2))’’. 

16 Subtitle E—Other Matters 

17 SEC. 861. LIMITATION ON THE AVAILABILITY OF FUNDS 

18 PENDING A PLAN FOR IMPLEMENTING THE 

19 REPLACEMENT FOR THE SELECTED ACQUISI20 TION REPORTING SYSTEM. 

21 Of the funds authorized to be appropriated by this 

22 Act for Operation and Maintenance, Defense-Wide, for 

23 travel for the Office of the Under Secretary of Defense 

24 for Acquisition and Sustainment, not more than 85 per25 cent may be obligated or expended until the Secretary of 
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1 Defense submits to the congressional defense committees 

2 a plan for implementing the replacement for the Selected 

3 Acquisition Reporting system as required by section 809 

4 of the James M. Inhofe National Defense Authorization 

5 Act for Fiscal Year 2023 (Public Law 117–263), includ6 ing— 

7 (1) a timeline and process for implementing the 

8 requirements of such section 809; 

9 (2) a timeline and process for implementing 

10 quarterly reporting versus annually for the replace11 ment system, including identification of policy, pro12 cedural, or technical challenges to implementing that 

13 reporting periodicity; 

14 (3) a timeline and process for providing access 

15 to the replacement reporting system to congressional 

16 staff; and 

17 (4) a timeline and process for providing access 

18 to the replacement reporting system to the Govern19 ment Accountability Office, the public, and other rel20 evant stakeholders. 
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1 SEC. 862. EXTENSION OF PILOT PROGRAM FOR DISTRIBU2 TION SUPPORT AND SERVICES FOR WEAPONS 

3 SYSTEMS CONTRACTORS. 

4 Section 883 of the National Defense Authorization 

5 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 

6 4292 note prec.) is amended— 

7 (1) in subsection (a), by striking ‘‘seven-year 

8 pilot program’’ and inserting ‘‘eight-year pilot pro9 gram’’; and 

10 (2) in subsection (g), by striking ‘‘seven years’’ 

11 and inserting ‘‘eight years’’. 

12 SEC. 863. MODIFICATION OF EFFECTIVE DATE FOR EXPAN13 SION ON THE PROHIBITION ON ACQUIRING 

14 CERTAIN METAL PRODUCTS. 

15 Section 844(b) of the William M. (Mac) Thornberry 

16 National Defense Authorization Act for Fiscal Year 2021 

17 (Public Law 116–283; 134 Stat. 3766) is amended by 

18 striking ‘‘5 years’’ and inserting ‘‘6 years’’. 

19 SEC. 864. FOREIGN SOURCES OF SPECIALTY METALS. 

20 Section 4863(d) of title 10, United States Code, is 

21 amended— 

22 (1) in paragraph (1), by redesignating subpara23 graphs (A) and (B) as clauses (i) and (ii), respec24 tively; 

25 (2) by redesignating paragraphs (1) and (2) as 

26 subparagraphs (A) and (B), respectively; 
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1 (3) by inserting ‘‘(1)’’ before ‘‘Subsection 

2 (a)(1)’’; and 

3 (4) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2) Any specialty metal procured as mill product or 

6 incorporated into a component other than an end item 

7 pursuant to this subsection shall be melted or produced— 

8 ‘‘(A) in the United States; 

9 ‘‘(B) in the country from which the mill product 

10 or component is procured; or 

11 ‘‘(C) in another country covered under para12 graph (1)(A)(ii).’’. 

13 SEC. 865. UNIVERSITY AFFILIATED RESEARCH CENTER 

14 FOR CRITICAL MINERALS. 

15 (a) PLAN TO ESTABLISH A UNIVERSITY AFFILIATED

16 RESEARCH CENTER FOR CRITICAL MINERALS.— 

17 (1) IN GENERAL.—The Secretary of Defense, in 

18 consultation with the Under Secretary of Defense 

19 for Research and Engineering, shall develop a plan 

20 to establish a new University Affiliated Research 

21 Center (UARC), or to expand a current relevant 

22 UARC or consortia of universities, for the purposes 

23 of contributing to the capacity of the Department to 

24 conduct research, development, engineering or work25 force expansion related to critical minerals for na-
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1 tional security needs. The plan should focus on insti2 tutional capacity at a mining school or schools with 

3 expertise in engineering, applied research, commer4 cial and workforce development activities related to 

5 critical minerals. 

6 (2) ELEMENTS.—The plan required by para7 graph (1) shall include the following: 

8 (A) An assessment of the engineering, ap9 plied research, commercialization, and work10 force development capabilities relating to crit11 ical minerals of mining schools, including an as12 sessment of the workforce and physical research 

13 infrastructure of such schools. 

14 (B) An assessment of the ability of mining 

15 schools— 

16 (i) to participate in defense-related 

17 engineering, applied research, commer18 cialization, and workforce development ac19 tivities relating to critical minerals; 

20 (ii) to effectively compete for defense21 related engineering, applied research, com22 mercialization, and workforce development 

23 contracts and grants; and 

24 (iii) to support the mission of the 

25 Under Secretary to extend the capabilities 
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1 of current war fighting systems, develop 

2 breakthrough capabilities, hedge against an 

3 uncertain future through a set of scientific 

4 and engineering options, and counter stra5 tegic surprise. 

6 (C) An assessment of the activities and in7 vestments necessary— 

8 (i) to augment facilities or educational 

9 programming at mining schools or a con10 sortium of mining schools— 

11 (I) to support the mission of the 

12 Under Secretary; 

13 (II) to access, secure, and con14 duct research relating to sensitive or 

15 classified information; and 

16 (III) to respond quickly to 

17 emerging engineering, applied re18 search, commercialization, and work19 force needs relating to critical min20 erals. 

21 (ii) to increase the participation of 

22 mining schools in defense-related engineer23 ing, applied research, commercialization, 

24 and workforce development activities; and 
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1 (iii) to increase the ability of mining 

2 schools to effectively compete for defense3 related engineering, applied research, com4 mercialization, and workforce development 

5 contracts and grants. 

6 (D) Recommendations identifying actions 

7 that may be taken by the Secretary, the Under 

8 Secretary, Congress, mining schools, and other 

9 organizations to increase the participation of 

10 mining schools in defense-related engineering, 

11 applied research, commercialization, and work12 force development activities, contracts, and 

13 grants. 

14 (E) The specific goals, incentives, and 

15 metrics developed by the Secretary under sub16 paragraph (D) to increase and measure the ca17 pacity of mining schools to address the engi18 neering, applied research, commercialization, 

19 and workforce development needs of the De20 partment of Defense. 

21 (3) CONSULTATIONS.—In developing the plan 

22 required by paragraph (1), the Secretary and the 

23 Under Secretary shall consult with such other public 

24 and private sector organizations as the Secretary 

25 and the Under Secretary determine appropriate. 
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1 (4) REPORT REQUIRED.—Not later than one 

2 year after the date of the enactment of this Act, the 

3 Secretary shall— 

4 (A) submit to the congressional defense 

5 committees a report that includes the plan de6 veloped under paragraph (1); and 

7 (B) make the plan available on a publicly 

8 accessible website of the Department of De9 fense. 

10 (b) ACTIVITIES TO SUPPORT THE ENGINEERING, AP11 PLIED RESEARCH, COMMERCIALIZATION, AND WORK12 FORCE DEVELOPMENT CAPACITY OF MINING SCHOOLS.— 

13 (1) IN GENERAL.—Subject to the availability of 

14 appropriations, the Under Secretary may establish a 

15 program to award contracts, grants, or other agree16 ments on a competitive basis, and to perform other 

17 appropriate activities, for the purposes described in 

18 paragraph (2). 

19 (2) PURPOSES.—The purposes described in this 

20 paragraph are the following: 

21 (A) Developing the capability, including 

22 workforce and research infrastructure, for min23 ing schools to more effectively compete for Fed24 eral engineering, applied research, commer-
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1 cialization, and workforce development funding 

2 opportunities. 

3 (B) Improving the capability of mining 

4 schools to recruit and retain research faculty, 

5 and to participate in appropriate personnel ex6 change programs and educational and career 

7 development activities. 

8 (C) Any other purposes the Under Sec9 retary determines appropriate for enhancing the 

10 defense-related engineering, applied research, 

11 commercialization, and development capabilities 

12 of mining schools. 

13 (c) INCREASING PARTNERSHIPS FOR MINING

14 SCHOOLS WITH NATIONAL SECURITY RESEARCH AND

15 ENGINEERING ORGANIZATIONS.— 

16 (1) IN GENERAL.—Chapter 305 of title 10, 

17 United States Code, is amended by adding at the 

18 end the following new section: 

19 ‘‘§ 4145. Research and educational programs and ac20 tivities: critical minerals 

21 ‘‘(a) PROGRAM ESTABLISHED.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

23 acting through the Under Secretary of Defense for 

24 Research and Engineering and the Secretary of each 

25 military department, shall carry out a program to 
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1 provide assistance to covered educational institutions 

2 to assist the Department of Defense in defense-re3 lated critical minerals engineering, applied research, 

4 commercialization, and workforce development ac5 tivities. 

6 ‘‘(2) LIMITATION ON DELEGATION.—The Sec7 retary of Defense may not delegate or transfer to an 

8 individual outside the Office of the Secretary of De9 fense the authority regarding the programming or 

10 budgeting of the program established by this section 

11 that is carried out by the Under Secretary of De12 fense for Research and Engineering. 

13 ‘‘(b) PROGRAM OBJECTIVE.—The objective of the 

14 program established by subsection (a)(1) is to enhance de15 fense-related critical minerals research and education at 

16 covered educational institutions. Such objective shall be 

17 accomplished through initiatives designed to— 

18 ‘‘(1) enhance the critical minerals research and 

19 educational capabilities of such institutions in areas 

20 of importance to national defense, as determined by 

21 the Secretary; 

22 ‘‘(2) encourage the participation of such institu23 tions in the research, development, testing, and eval24 uation programs and activities of the Department of 

25 Defense relating to critical minerals; 
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1 ‘‘(3) increase the number of graduates from 

2 such institutions engaged in critical minerals-related 

3 disciplines important to the national security func4 tions of the Department of Defense, as determined 

5 by the Secretary; and 

6 ‘‘(4) encourage research and educational col7 laborations between such institutions and other in8 stitutions of higher education, Government defense 

9 organizations, and the defense industry relating to 

10 critical minerals. 

11 ‘‘(c) ASSISTANCE PROVIDED.—Under the program 

12 established under subsection (a)(1), the Secretary of De13 fense may provide covered educational institutions with 

14 funding or technical assistance, including any of the fol15 lowing: 

16 ‘‘(1) Support for research, development, testing, 

17 evaluation, or educational enhancements in areas im18 portant to national defense through the competitive 

19 awarding of grants, cooperative agreements, con20 tracts, scholarships, fellowships, or the acquisition of 

21 research equipment or instrumentation. 

22 ‘‘(2) Support to assist in the attraction and re23 tention of faculty in scientific disciplines important 

24 to the national security functions of the Department 

25 of Defense. 
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1 ‘‘(3) Establishing partnerships between such in2 stitutions and defense laboratories, Government de3 fense organizations, the defense industry, and other 

4 institutions of higher education in research, develop5 ment, testing, and evaluation in areas important to 

6 the national security functions of the Department of 

7 Defense. 

8 ‘‘(4) Other such non-monetary assistance as the 

9 Secretary finds appropriate to enhance defense-re10 lated research, development, testing, and evaluation 

11 activities at such institutions. 

12 ‘‘(d) INCENTIVES.— 

13 ‘‘(1) IN GENERAL.—The Secretary of Defense 

14 may develop incentives to encourage critical min15 erals-related research and educational collaborations 

16 between covered educational institutions and other 

17 institutions of higher education. 

18 ‘‘(2) GOALS.—The Secretary of Defense shall 

19 establish goals and incentives to encourage Federally 

20 funded research and development centers, science 

21 and technology reinvention laboratories, and Univer22 sity Affiliated Research Centers funded by the De23 partment of Defense— 

24 ‘‘(A) to assess the capacity of covered edu25 cational institutions to address the critical min-
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1 erals research and development needs of the 

2 Department through partnerships and collabo3 rations; and 

4 ‘‘(B) if appropriate, to enter into partner5 ships and collaborations with such institutions. 

6 ‘‘(e) CRITERIA FOR FUNDING.—The Secretary of De7 fense may establish procedures under which the Secretary 

8 may limit funding under this section to institutions that 

9 have not otherwise received a significant amount of fund10 ing from the Department of Defense for research, develop11 ment, testing, and evaluation programs supporting the na12 tional security functions of the Department. 

13 ‘‘(f) DEFINITION OF COVERED EDUCATIONAL INSTI14 TUTION.— 

15 ‘‘(1) IN GENERAL.—In this section, the term 

16 ‘covered educational institution’ means— 

17 ‘‘(A) a mining, metallurgical, geological, or 

18 mineral engineering program— 

19 ‘‘(i) accredited by the Accreditation 

20 Board for Engineering and Technology, 

21 Inc.; and 

22 ‘‘(ii) located at an institution of high23 er education; or 

24 ‘‘(B) an institution of higher learning or 

25 community college with a geology or engineer-
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1 ing program or department that has experience 

2 in mining research or work with the mining in3 dustry. 

4 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

5 For purposes of paragraph (1), the term ‘institution 

6 of higher education’ has the meaning given that 

7 term in section 101 of the Higher Education Act of 

8 1965 (20 U.S.C. 1001).’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 305 of such title 

11 is amended by adding at the end the following new 

12 item: 

‘‘4145. Research and educational programs and activities: critical minerals.’’. 

13 (d) MINING SCHOOL DEFINED.— 

14 (1) IN GENERAL.—In this section, the term 

15 ‘‘mining school’’ means— 

16 (A) a mining, metallurgical, geological, or 

17 mineral engineering program— 

18 (i) accredited by the Accreditation 

19 Board for Engineering and Technology, 

20 Inc.; and 

21 (ii) located at an institution of higher 

22 education; or 

23 (B) an institution of higher learning or 

24 community college with a geology or engineer25 ing program or department that has experience 
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1 in mining research or work with the mining in2 dustry. 

3 (2) INSTITUTION OF HIGHER EDUCATION.—For 

4 purposes of paragraph (1), the term ‘‘institution of 

5 higher education’’ has the meaning given that term 

6 in section 101 of the Higher Education Act of 1965 

7 (20 U.S.C. 1001). 

8 SEC. 866. ENHANCED DOMESTIC CONTENT REQUIREMENT 

9 FOR NAVY SHIPBUILDING PROGRAMS. 

10 (a) ENHANCED DOMESTIC CONTENT REQUIRE11 MENT.— 

12 (1) CONTRACTING REQUIREMENTS.—Except as 

13 provided in paragraph (2), for purposes of chapter 

14 83 of title 41, United States Code, manufactured ar15 ticles, materials, or supplies procured as part of a 

16 Navy shipbuilding program are manufactured sub17 stantially all from articles, materials, or supplies 

18 mined, produced, or manufactured in the United 

19 States if the cost of such component articles, mate20 rials, or supplies— 

21 (A) supplied during the period beginning 

22 January 1, 2026, and ending December 31, 

23 2027, exceeds 65 percent of the cost of the 

24 manufactured articles, materials, or supplies; 
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1 (B) supplied during the period beginning 

2 January 1, 2028, and ending December 31, 

3 2032, exceeds 75 percent of the cost of the 

4 manufactured articles, materials, or supplies; 

5 and 

6 (C) supplied on or after January 1, 2033, 

7 equals 100 percent of the cost of the manufac8 tured articles, materials, or supplies. 

9 (2) APPLICABILITY TO RESEARCH, DEVELOP10 MENT, TEST, AND EVALUATION ACTIVITIES.—Con11 tracts related to shipbuilding programs entered into 

12 under paragraph (1) to carry out research, develop13 ment, test, and evaluation activities shall require 

14 that these activities and the components specified 

15 during these activities must meet the domestic con16 tent requirements delineated under paragraph (1). 

17 (3) EXCLUSION FOR CERTAIN MANUFACTURED

18 ARTICLES.—Paragraph (1) shall not apply to manu19 factured articles that consist wholly or predomi20 nantly of iron, steel, or a combination of iron and 

21 steel. 

22 (4) WAIVER.—The Secretary of Defense may 

23 request a waiver from the requirements under para24 graph (1) in order to expand sourcing to members 

25 of the national technical industrial base (as that 
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1 term is defined in section 4801 of title 10, United 

2 States Code). Any such waiver shall be subject to 

3 the approval of the Director of the Made in America 

4 Office and may only be requested if it is determined 

5 that any of the following apply: 

6 (A) Application of the limitation would in7 crease the cost of the overall acquisition by 

8 more than 25 percent or cause unreasonable 

9 delays to be incurred. 

10 (B) Satisfactory quality items manufac11 tured by a domestic entity are not available or 

12 domestic production of such items cannot be 

13 initiated without significantly delaying the 

14 project for which the item is to be acquired. 

15 (C) It is inconsistent with the public inter16 est. 

17 (5) RULEMAKING.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Defense, in concurrence with the Director 

20 of the Made in America Office, shall issue rules to 

21 determine the treatment of the lowest price offered 

22 for a foreign end product for which 55 percent or 

23 more of the component articles, materials, or sup24 plies of such foreign end product are manufactured 

25 substantially all from articles, materials, or supplies 
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1 mined, produced, or manufactured in the United 

2 States if— 

3 (A) the application of paragraph (1) re4 sults in an unreasonable cost; or 

5 (B) no offers are submitted to supply man6 ufactured articles, materials, or supplies manu7 factured substantially all from articles, mate8 rials, or supplies mined, produced, or manufac9 tured in the United States. 

10 (6) APPLICABILITY.—The requirements of this 

11 subsection shall apply to contracts entered into on or 

12 after January 1, 2026. 

13 (b) REPORTING ON COUNTRY OF ORIGIN MANUFAC14 TURING.—Not later than one year after the date of the 

15 enactment of this Act, and annually thereafter, the Sec16 retary of Defense shall submit to Congress a report on 

17 country of origin tracking and reporting as it relates to 

18 manufactured content procured as part of Navy ship19 building programs, including through primary contracts 

20 and subcontracts at the second and third tiers. The report 

21 shall describe measures taken to ensure that the country 

22 of origin information pertaining to such content is re23 ported accurately in terms of the location of manufacture 

24 and not determined by the location of sale. 
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1 SEC. 867. ADDITION OF ADMINISTRATOR OF THE SMALL 

2 BUSINESS ADMINISTRATION TO THE FED3 ERAL ACQUISITION REGULATORY COUNCIL. 

4 Section 1302(b)(1) of title 41, United States Code, 

5 is amended— 

6 (1) in subparagraph (C), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (2) in subparagraph (D), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(E) the Administrator of the Small Busi13 ness Administration.’’. 

14 SEC. 868. MODIFICATIONS TO RIGHTS IN TECHNICAL DATA. 

15 Section 3771(b) of title 10, United States Code, is 

16 amended— 

17 (1) in paragraph (3)(C), by inserting ‘‘for 

18 which the United States shall have government pur19 pose rights, unless the Government and the con20 tractor negotiate different license rights’’ after 

21 ‘‘component)’’; and 

22 (2) in paragraph (4)(A)— 

23 (A) in clause (ii), by striking ‘‘; or’’ and in24 serting a semicolon; 

25 (B) by redesignating clause (iii) as clause 

26 (iv); and 
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1 (C) by inserting after clause (ii) the fol2 lowing new clause (iii): 

3 ‘‘(iii) is a release, disclosure, or use of 

4 detailed manufacturing or process data— 

5 ‘‘(I) that is necessary for oper6 ation, maintenance, installation, or 

7 training and shall be used only for op8 eration, maintenance, installation, or 

9 training purposes supporting wartime 

10 operations or contingency operations; 

11 and 

12 ‘‘(II) for which the head of an 

13 agency determines that the original 

14 supplier of such data will be unable to 

15 satisfy military readiness or oper16 ational requirements for such oper17 ations; or’’. 
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Office of the Secretary 

5 of Defense and Related Matters 

6 SEC. 901. ESTABLISHMENT OF OFFICE OF STRATEGIC CAP7 ITAL. 

8 (a) IN GENERAL.—Chapter 4 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 148. Office of Strategic Capital 

12 ‘‘(a) ESTABLISHMENT.—There is in the Office of the 

13 Secretary of Defense an office to be known as the Office 

14 of Strategic Capital (in this section referred to as the ‘Of15 fice’). 

16 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di17 rector (in this section referred to as the ‘Director’), who 

18 shall be appointed by the Secretary from among employees 

19 of the Department of Defense in Senior Executive Service 

20 positions (as defined in section 3132 of title 5). 

21 ‘‘(c) DUTIES.—The Office shall— 

22 ‘‘(1) develop, integrate, and implement proven 

23 capital strategies of partners of the Department of 

24 Defense to shape and scale investment in critical 

25 technologies and assets; 
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1 ‘‘(2) identify and prioritize promising critical 

2 technologies and assets for the Department in need 

3 of capital assistance; and 

4 ‘‘(3) fund investments in such technologies and 

5 assets, including supply chain technologies not al6 ways supported through direct investment. 

7 ‘‘(d) APPLICATIONS.—An eligible entity seeking cap8 ital assistance for an eligible investment shall submit to 

9 the Director an application at such time, in such manner, 

10 and containing such information as the Director may re11 quire. 

12 ‘‘(e) SELECTION OF INVESTMENTS.— 

13 ‘‘(1) IN GENERAL.—The Director shall establish 

14 criteria for selecting among eligible investments for 

15 which applications are submitted under subsection 

16 (d). Such criteria shall include— 

17 ‘‘(A) the extent to which an investment is 

18 significant to the national security of the 

19 United States; 

20 ‘‘(B) the likelihood that capital assistance 

21 provided for an investment would enable the in22 vestment to proceed sooner than the investment 

23 would otherwise be able to proceed; and 

24 ‘‘(C) the creditworthiness of an investment. 
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1 ‘‘(2) NOTICE AND WAIT REQUIREMENT.—The 

2 criteria established under paragraph (1) shall not 

3 apply until— 

4 ‘‘(A) the Secretary of Defense submits the 

5 criteria to the congressional defense commit6 tees; and 

7 ‘‘(B) a period of 30 days has elapsed after 

8 such submission. 

9 ‘‘(f) NOTIFICATION.—Not less than 30 days before 

10 exercising the authority provided by section 834 of the Na11 tional Defense Authorization Act for Fiscal Year 2024, 

12 the Director, in coordination with the Under Secretary of 

13 Defense for Acquisition and Sustainment and the Under 

14 Secretary of Defense for Research and Engineering, shall 

15 notify the congressional defense committees of the purpose 

16 and terms of any capital assistance proposed to be pro17 vided under that section. Such notification may be made 

18 in classified form, if necessary. 

19 ‘‘(g) STRATEGIC CAPITAL ADVISORY BOARD.—The 

20 Secretary of Defense shall establish a Strategic Capital 

21 Advisory Board to advise the Director with respect to ac22 tivities carried out under this section. 

23 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 

24 such regulations as are necessary to carry out this section, 

25 including regulations to ensure internal and external co-
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1 ordination to avoid duplication of effort, reduce ineffi2 ciency, and ensure policy coherence across the Depart3 ment. 

4 ‘‘(i) EFFECTIVE DATE.—The authorities made avail5 able under this section may not be exercised until the date 

6 that is 30 days after the regulations required by sub7 section (i) have been— 

8 ‘‘(1) prescribed and adopted by the Depart9 ment; and 

10 ‘‘(2) submitted to the congressional defense 

11 committees. 

12 ‘‘(j) ANNUAL REPORT.—Not later than December 31 

13 of each ye ar, the Director shall submit to the congres14 sional defense committees a report that— 

15 ‘‘(1) describes the activities of the Office during 

16 the most recent fiscal year ending before submission 

17 of the report, including— 

18 ‘‘(A) an identification of entities that re19 ceived capital assistance from the Office during 

20 that fiscal year; 

21 ‘‘(B) a description of the status of the fi22 nancial obligations of those entities as a result 

23 of receiving such assistance; and 

24 ‘‘(C) any success stories as a result of such 

25 assistance; 
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1 ‘‘(2) assesses the status of the finances of the 

2 Office as of the end of that fiscal year; and 

3 ‘‘(3) describes the goals of the Office for the 

4 fiscal year that begins after submission of the re5 port. 

6 ‘‘(k) DEFINITIONS.—In this section: 

7 ‘‘(1) CAPITAL ASSISTANCE.—The term ‘capital 

8 assistance’ means loans, loan guarantees, equity in9 vestments, or technical assistance provided under 

10 section 834. 

11 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en12 tity’ means— 

13 ‘‘(A) an individual; 

14 ‘‘(B) a corporation; 

15 ‘‘(C) a partnership, including a public-pri16 vate partnership; 

17 ‘‘(D) a joint venture; 

18 ‘‘(E) a trust; 

19 ‘‘(F) a State, including a political subdivi20 sion or any other instrumentality of a State; 

21 ‘‘(G) a Tribal government or consortium of 

22 Tribal governments; 

23 ‘‘(H) any other governmental entity or 

24 public agency in the United States, including a 
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1 special purpose district or public authority, in2 cluding a port authority; or 

3 ‘‘(I) a multi-State or multi-jurisdictional 

4 group of public entities. 

5 ‘‘(3) ELIGIBLE INVESTMENT.—The term ‘eligi6 ble investment’ means an investment that facilitates 

7 the efforts of the Office— 

8 ‘‘(A) to identify, accelerate, and sustain 

9 the establishment, research, development, con10 struction, procurement, leasing, consolidation, 

11 alteration, improvement, or repair of tangible 

12 and intangible assets vital to United States na13 tional security; or 

14 ‘‘(B) to protect tangible and intangible as15 sets vital to United States national security 

16 from theft, acquisition, and transfer by coun17 tries that are adversaries of the United 

18 States.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 4 of such title is amended by 

21 adding at the end the following new item: 

‘‘148. Office of Strategic Capital.’’. 

22 SEC. 902. REINSTATEMENT OF POSITION OF CHIEF MAN23 AGEMENT OFFICER OF DEPARTMENT OF DE24 FENSE. 

25 (a) REINSTATEMENT OF POSITION.— 
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1 (1) IN GENERAL.—Chapter 4 of title 10, United 

2 States Code, is amended by inserting after the item 

3 relating to section 132 the following new item: 

4 ‘‘§ 132a. Chief Management Officer 

5 ‘‘(a) APPOINTMENT AND QUALIFICATIONS.—(1) 

6 There is a Chief Management Officer of the Department 

7 of Defense, appointed from civilian life by the President, 

8 by and with the advice and consent of the Senate. 

9 ‘‘(2) The Chief Management Officer shall be ap10 pointed from among persons who have an extensive man11 agement or business background and experience with man12 aging large or complex organizations. A person may not 

13 be appointed as Chief Management Officer within seven 

14 years after relief from active duty as a commissioned offi15 cer of a regular component of an armed force. 

16 ‘‘(b) RESPONSIBILITIES.—Subject to the authority, 

17 direction, and control of the Secretary of Defense and the 

18 Deputy Secretary of Defense, the Chief Management Offi19 cer shall perform such duties and exercise such powers as 

20 the Secretary or the Deputy Secretary may prescribe, in21 cluding the following: 

22 ‘‘(1) Serving as the chief management officer of 

23 the Department of Defense with the mission of man24 aging enterprise business operations and shared 

25 services of the Department of Defense. 
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1 ‘‘(2) Serving as the principal advisor to the Sec2 retary and the Deputy Secretary on establishing 

3 policies for, and directing, all enterprise business op4 erations of the Department, including planning and 

5 processes, business transformation, and performance 

6 measurement and management activities and pro7 grams, including the allocation of resources for en8 terprise business operations and unifying business 

9 management efforts across the Department. 

10 ‘‘(3) Exercising authority, direction, and control 

11 over the Defense Agencies and Department of De12 fense Field Activities providing shared business serv13 ices for the Department. 

14 ‘‘(4) Authority to direct the Secretaries of the 

15 military departments and the heads of all other ele16 ments of the Department with regard to matters for 

17 which the Chief Management Officer has responsi18 bility under this section. 

19 ‘‘(5) Serving as the official with principal re20 sponsibility in the Department for minimizing the 

21 duplication of efforts, maximizing efficiency and ef22 fectiveness, and establishing metrics for performance 

23 among and for all organizations and elements of the 

24 Department. 
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1 ‘‘(c) BUDGET AUTHORITY.—(1)(A) Beginning in fis2 cal year 2025, the Secretary of Defense, acting through 

3 the Under Secretary of Defense (Comptroller), shall re4 quire the head of each Defense Agency and Department 

5 of Defense Field Activity (other than such agencies and 

6 activities that are under the direction of the Director of 

7 National Intelligence or are elements of the intelligence 

8 community) to transmit the proposed budget of such 

9 Agency or Activity for enterprise business operations for 

10 a fiscal year, and for the period covered by the future11 years defense program submitted to Congress under sec12 tion 221 of this title for that fiscal year, to the Chief Man13 agement Officer for review under subparagraph (B) at the 

14 same time the proposed budget is submitted to the Under 

15 Secretary of Defense (Comptroller). 

16 ‘‘(B) The Chief Management Officer shall review 

17 each proposed budget transmitted under subparagraph 

18 (A) and, not later than January 31 of the year preceding 

19 the fiscal year for which the budget is proposed, shall sub20 mit to the Secretary a report containing the comments of 

21 the Chief Management Officer with respect to all such pro22 posed budgets, together with the certification of the Chief 

23 Management Officer regarding whether each such pro24 posed budget achieves the required level of efficiency and 

25 effectiveness for enterprise business operations, consistent 
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1 with guidance for budget review established by the Chief 

2 Management Officer. 

3 ‘‘(C) Not later than March 31 each year, the Sec4 retary shall submit to Congress a report that includes the 

5 following: 

6 ‘‘(i) Each proposed budget for the enterprise 

7 business operations of a Defense Agency or Depart8 ment of Defense Field Activity that was transmitted 

9 to the Chief Management Officer under subpara10 graph (A). 

11 ‘‘(ii) Identification of each proposed budget con12 tained in the most recent report submitted under 

13 subparagraph (B) that the Chief Management Offi14 cer did not certify as achieving the required level of 

15 efficiency and effectiveness for enterprise business 

16 operations. 

17 ‘‘(iii) A discussion of the actions that the Sec18 retary proposes to take, together with any rec19 ommended legislation that the Secretary considers 

20 appropriate, to address inadequate levels of effi21 ciency and effectiveness for enterprise business oper22 ations achieved by the proposed budgets identified in 

23 the report. 

24 ‘‘(iv) Any additional comments that the Sec25 retary considers appropriate regarding inadequate 
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1 levels of efficiency and effectiveness for enterprise 

2 business operations achieved by the proposed budg3 ets. 

4 ‘‘(2) Nothing in this subsection shall be construed to 

5 modify or interfere with the budget-related responsibilities 

6 of the Director of National Intelligence. 

7 ‘‘(d) PRECEDENCE.—The Chief Management Officer 

8 takes precedence in the Department of Defense after the 

9 Secretary of Defense and the Deputy Secretary of De10 fense. 

11 ‘‘(e) ENTERPRISE BUSINESS OPERATION DE12 FINED.—In this section, the term ‘enterprise business op13 erations’ means those activities that constitute the cross14 cutting business operations used by multiple components 

15 of the Department of Defense, but not those activities that 

16 are directly tied to a single military department or Depart17 ment of Defense component. The term includes business18 support functions designated by the Secretary of Defense 

19 or the Deputy Secretary of Defense for purposes of this 

20 section, such as aspects of financial management, 

21 healthcare, acquisition and procurement, supply chain and 

22 logistics, certain information technology, real property, 

23 and human resources operations.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 4 of such title is 
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1 amended by inserting after the item relating to sec2 tion 132 the following new item: 

‘‘132a. Chief Management Officer.’’. 

3 (b) MANAGEMENT AND OVERSIGHT OF DEFENSE

4 BUSINESS SYSTEMS.—Section 2222 of such title is 

5 amended— 

6 (1) in subsection (c)(2), by striking ‘‘the Chief 

7 Information Officer of the Department of Defense’’ 

8 and inserting ‘‘the Chief Management Officer of the 

9 Department of Defense’’; 

10 (2) in subsection (e)— 

11 (A) in paragraph (1), by striking ‘‘the 

12 Chief Information Officer’’ and inserting ‘‘the 

13 Chief Management Officer’’; and 

14 (B) in paragraph (6)— 

15 (i) in subparagraph (A), in the matter 

16 preceding clause (i)— 

17 (I) in the first sentence, by strik18 ing ‘‘The Chief Information Officer of 

19 the Department of Defense, in coordi20 nation with the Chief Data and Artifi21 cial Intelligence Officer,’’ and insert22 ing ‘‘The Chief Management Officer 

23 of the Department of Defense’’; and 

24 (II) in the second sentence, by 

25 striking ‘‘the Chief Information Offi-
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1 cer shall’’ and inserting ‘‘the Chief 

2 Management Officer shall’’; 

3 (ii) in subparagraph (B), in the mat4 ter preceding clause (i), by striking ‘‘The 

5 Chief Information Officer’’ and inserting 

6 ‘‘The Chief Management Officer’’; 

7 (3) in subsection (f)(1), in the second sentence, 

8 by inserting ‘‘the Chief Management Officer and’’ 

9 after ‘‘chaired by’’; 

10 (4) in subsection (g)(2), by striking ‘‘the Chief 

11 Information Officer of the Department of Defense’’ 

12 each place it appears and inserting ‘‘the Chief Man13 agement Officer of the Department of Defense’’; and 

14 (5) in subsection (i)(5)(B), by striking ‘‘the 

15 Chief Information Officer’’ and inserting ‘‘the Chief 

16 Management Officer’’. 

17 (c) CONFORMING AMENDMENT.—Section 131(b) of 

18 title 10, United States Code, is amended by inserting after 

19 paragraph (1) the following new paragraph (2): 

20 ‘‘(2) The Chief Management Officer of the De21 partment of Defense.’’. 

22 (d) GUIDANCE REQUIRED.—Not later than 30 days 

23 after the date of the enactment of this Act, the Secretary 

24 of Defense shall— 
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1 (1) issue guidance to clearly delineate the au2 thorities and responsibilities of the Chief Manage3 ment Officer of the Department of Defense; and 

4 (2) provide a charter for the position of the 

5 Chief Management Officer to fully vest the authority 

6 of the Chief Management Officer within the Depart7 ment of Defense. 

8 (e) REPORT ON EFFECT OF LAPSE IN MANAGEMENT

9 OVERSIGHT ON DEFENSE BUSINESS SYSTEMS.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the Dep12 uty Secretary of Defense shall submit to the con13 gressional defense committees a report on the effect 

14 on defense business systems of the abolishment of 

15 the position of Chief Management Officer and the 

16 failure to reassign the responsibilities of the Chief 

17 Management Officer with respect to defense business 

18 systems for two years. 

19 (2) DEFENSE BUSINESS SYSTEM DEFINED.—In 

20 this subsection, the term ‘‘defense business system’’ 

21 has the meaning given that term in section 2222(i) 

22 of title 10, United States Code. 
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1 SEC. 903. MODIFICATION OF RESPONSIBILITIES OF DIREC2 TOR OF COST ASSESSMENT AND PROGRAM 

3 EVALUATION. 

4 (a) IN GENERAL.—Subsection (d) of section 139a of 

5 title 10, United States Code, is amended— 

6 (1) in paragraph (5)— 

7 (A) by striking ‘‘, ensuring’’ and inserting 

8 ‘‘and ensuring’’; and 

9 (B) by striking ‘‘, and assessing’’ and all 

10 that follows through ‘‘economy’’; and 

11 (2) in paragraph (8), by inserting after ‘‘de12 fense resources’’ the following: ‘‘, including the 

13 standardization of analytical methodologies and the 

14 establishment and maintenance of a centralized 

15 knowledge repository of physical attributes or other 

16 data for modeling and simulation purposes’’. 

17 (b) ANNUAL REPORTS.—Such section is amended by 

18 adding at the end the following new subsection: 

19 ‘‘(e) ANNUAL REPORTS.— 

20 ‘‘(1) IN GENERAL.—Not later than February 1, 

21 2024, and annually thereafter, the Director shall 

22 submit to the congressional defense committees a re23 port on activities to conduct strategic and oper24 ational analysis under paragraphs (2), (3), (6), (7), 

25 and (8) of subsection (d) that includes— 
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1 ‘‘(A) a review of strategic portfolio reviews 

2 completed in the fiscal year preceding submis3 sion of the report and a description of such re4 views planned for the fiscal year that begins 

5 after submission of the report; 

6 ‘‘(B) a review of analyses of alternatives 

7 completed in the fiscal year preceding submis8 sion of the report and a description of such 

9 analyses planned for the fiscal year that begins 

10 after submission of the report; and 

11 ‘‘(C) a review of defense program projec12 tions completed in the fiscal year preceding sub13 mission of the report and a description of such 

14 projections planned for the fiscal year that be15 gins after submission of the report. 

16 ‘‘(2) FORM.—Each report required by para17 graph (1) shall be submitted in classified form, but 

18 shall include an unclassified summary. 

19 ‘‘(3) BRIEFINGS.—Not later than 15 days after 

20 submission of each report required by paragraph (1), 

21 the Director shall brief the congressional defense 

22 committees on the contents of the report.’’. 

23 (c) PROGRAM EVALUATION COMPETITIVE ANALYSIS

24 CELL.—Such section is further amended by adding after 
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1 subsection (e), as added by subsection (b), the following 

2 new subsection: 

3 ‘‘(f) PROGRAM EVALUATION COMPETITIVE ANALYSIS

4 CELL.— 

5 ‘‘(1) IN GENERAL.—Not later than June 1, 

6 2024, the Secretary of Defense shall— 

7 ‘‘(A) establish a team, to be known as the 

8 ‘Program Evaluation Competitive Analysis 

9 Cell’, to critically assess the analytical meth10 odologies, assumptions, and data used in key 

11 strategic and operational analyses conducted by 

12 the Director; and 

13 ‘‘(B) ensure that the team has a sufficient 

14 number of personnel to carry out the duties of 

15 the team. 

16 ‘‘(2) INDEPENDENCE.—The Program Evalua17 tion Competitive Analysis Cell shall be independent 

18 of the Director and shall report only to the Sec19 retary of Defense.’’. 

20 (d) PILOT PROGRAM ON ALTERNATIVE ANALYSIS.— 

21 (1) IN GENERAL.—The Director of Cost Assess22 ment and Program Evaluation shall establish a pilot 

23 program on alternative analysis. 

24 (2) STRUCTURE.—The Director shall establish, 

25 under the pilot program established under para-
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1 graph (1), three analytical groups, focused on pro2 grammatic analysis in the following: 

3 (A) Year 1 of the future-years defense pro4 gram under section 221 of title 10, United 

5 States Code. 

6 (B) Years 2 through 5 of the future-years 

7 defense program. 

8 (C) Years outside the future-years defense 

9 program. 

10 (3) REQUIREMENTS.—The pilot program estab11 lished under paragraph (1) shall run at least one 

12 strategic portfolio review or equivalent analytical ef13 fort per year. 

14 (e) ESTABLISHMENT OF ANALYSIS WORKING

15 GROUP.— 

16 (1) IN GENERAL.—Not later than May 1, 2024, 

17 the Secretary of Defense shall— 

18 (A) establish the Analysis Working Group 

19 in the Department of Defense; and 

20 (B) ensure that the Analysis Working 

21 Group possesses sufficient full-time equivalent 

22 support personnel to carry out the duties of the 

23 Group. 
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1 (2) MEMBERSHIP.—The Analysis Working 

2 Group shall be composed of representatives of the 

3 following components of the Department of Defense: 

4 (A) The Office of the Director of Cost As5 sessment and Program Evaluation. 

6 (B) The Directorate for Joint Force Devel7 opment (J7) of the Joint Staff. 

8 (C) The Directorate for Force Structure, 

9 Resources, and Assessment (J8) of the Joint 

10 Staff. 

11 (D) The Office of the Secretary of Defense 

12 for Policy. 

13 (E) The Chief Data and Artificial Intel14 ligence Office. 

15 (F) The Office of the Chief Information 

16 Officer. 

17 (G) The United States Indo-Pacific Com18 mand. 

19 (H) The United States European Com20 mand. 

21 (3) DUTIES.—The Analysis Working Group 

22 shall— 

23 (A) establish clear priorities and standards 

24 to focus analysts on decision support; 
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1 (B) improve transparency of methodolo2 gies, tools, and tradecraft across the analytic 

3 community, including testing and validation for 

4 new or emerging methodologies, tools, and 

5 tradecraft; 

6 (C) improve quality of and expand access 

7 to data, including evaluation of new data sets, 

8 or application of existing data sets in new or 

9 novel ways; 

10 (D) evolve the methodologies, tools, and 

11 tradecraft methods and tools used in strategic 

12 analysis; 

13 (E) resolve classified access and infrastruc14 ture challenges; 

15 (F) foster a workforce and organizations 

16 that are innovative, creative, and provide high17 quality strategic decision support; and 

18 (G) conduct such other tasks as the Sec19 retary of Defense considers appropriate. 

20 (f) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to interfere with the requirements 

22 of the Chiefs of Staff of the Armed Forces to establish 

23 military requirements, performance requirements, and 

24 joint performance requirements, or the requirement of the 

25 Joint Requirements Oversight Council to validate such re-
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1 quirements under section 181 of title 10, United States 

2 Code. 

3 SEC. 904. ROLES AND RESPONSIBILITIES FOR COMPO4 NENTS OF OFFICE OF SECRETARY OF DE5 FENSE FOR JOINT ALL-DOMAIN COMMAND 

6 AND CONTROL IN SUPPORT OF INTEGRATED 

7 JOINT WARFIGHTING. 

8 (a) IN GENERAL.—The Secretary of Defense shall es9 tablish the roles and responsibilities of components of the 

10 Office of the Secretary of Defense for development and 

11 delivery to combatant commands of capabilities that are 

12 essential to integrated joint warfighting capabilities, as 

13 follows: 

14 (1) The Deputy Chief Technology Officer for 

15 Mission Capabilities of the Office of the Under Sec16 retary of Defense for Research and Engineering 

17 shall be responsible for— 

18 (A) identifying new technology and oper19 ational concepts for experimentation and proto20 typing for delivery to the Joint Force to ad21 dress key operational challenges; 

22 (B) providing technical support for the 

23 Joint Force in exploring and analyzing new ca24 pabilities, operational concepts, and systems-of- 
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1 systems composition, including through ad2 vanced modeling and simulation; and 

3 (C) executing associated experimentation, 

4 through the Rapid Defense Experimentation 

5 Reserve (RDER) or another mechanism. 

6 (2) The Executive Director for Acquisition, In7 tegration, and Interoperability of the Office of the 

8 Under Secretary of Defense for Acquisition and 

9 Sustainment shall be responsible for— 

10 (A) enabling the acquisition of cross-do11 main, joint, and cross-system kill chains and 

12 mission capabilities, including resourcing of 

13 modifications necessary for integration and 

14 interoperability among kill chain and mission 

15 components; and 

16 (B) ensuring the effectiveness of cross-do17 main, joint, and cross-system kill chains and 

18 mission capabilities through analysis and test19 ing. 

20 (3) The Chief Digital and Artificial Intelligence 

21 Officer shall be responsible for creating and oper22 ating a factory-based approach for software develop23 ment that allows for iterative, secure, and contin24 uous deployment of developmental, prototype, and 

25 operational tools and capabilities from multiple ven-
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1 dors to test networks and operational networks for 

2 combatant commanders to— 

3 (A) gain operational awareness, make deci4 sions, and take actions; 

5 (B) integrate relevant data sources to sup6 port target selection, target prioritization, and 

7 weapon-target pairing; and 

8 (C) prosecute targets through military 

9 service and combat support agency networks, 

10 tools, and systems. 

11 (b) COORDINATION.—The officials referred to in 

12 paragraphs (1), (2), and (3) of subsection (a) shall coordi13 nate and align their plans and activities to implement sub14 section (a) among themselves and with the combatant 

15 commanders. 

16 (c) INITIAL PRIORITIZATION.—In developing an ini17 tial set of capabilities described in subsection (a), the offi18 cials referred to in paragraphs (1), (2), and (3) of that 

19 subsection shall prioritize the requirements of the United 

20 States Indo-Pacific Command. 

21 (d) BRIEFINGS REQUIRED.—Not later than 90 days 

22 after the date of the enactment of this Act, and every 180 

23 days thereafter through December 31, 2026, the officials 

24 referred to in paragraphs (1), (2), and (3) of subsection 

25 (a) shall provide briefings to the congressional defense 
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1 committees on their plans and activities to implement sub2 section (a). 

3 (e) REPORT REQUIRED.—Not later than March 1, 

4 2024, the Chief Data and Artificial Intelligence Officer, 

5 in consultation with the Deputy Chief Technology Officer 

6 for Mission Capabilities of the Office of the Under Sec7 retary of Defense for Research and Engineering and the 

8 Executive Director for Acquisition, Integration, and Inter9 operability of the Office of the Under Secretary of Defense 

10 for Acquisition and Sustainment, shall submit to the con11 gressional defense committees a report that includes— 

12 (1) a plan and associated timelines for deploy13 ing and demonstrating a joint data integration layer 

14 prototype in the United States Indo-Pacific Com15 mand area of operations; 

16 (2) a plan and associated timelines for 

17 transitioning such a prototype, upon its successful 

18 demonstration, to fielding as soon as practicable 

19 given the urgent need for a joint all-domain com20 mand and control (commonly referred to as 

21 ‘‘JADC2’’) capability; 

22 (3) a plan and associated timelines for reaching 

23 initial operational capability for a joint data integra24 tion layer within the United States Indo-Pacific 

25 Command area of operations; 
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1 (4) a plan and associated timelines for scaling 

2 that capability to future areas of operation across 

3 the combatant commands; 

4 (5) an assessment of the required type and 

5 number of personnel at the United States Indo-Pa6 cific Command to enable sustained growth in 

7 JADC2 capabilities; and 

8 (6) a plan and associated timelines for— 

9 (A) identifying specific critical effects 

10 chains necessary to overcome anti-access and 

11 area denial capabilities and offensive military 

12 operations of foreign adversaries; and 

13 (B) creating, demonstrating, deploying, 

14 and sustaining such chains. 

15 SEC. 905. PRINCIPAL DEPUTY ASSISTANT SECRETARIES TO 

16 SUPPORT ASSISTANT SECRETARY OF DE17 FENSE FOR SPECIAL OPERATIONS AND LOW 

18 INTENSITY CONFLICT. 

19 The Secretary of Defense may appoint two Principal 

20 Deputy Assistant Secretaries to report to the Assistant 

21 Secretary of Defense for Special Operations and Low In22 tensity Conflict— 

23 (1) one of whom may be assigned to support 

24 the Assistant Secretary in the discharge of respon-
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1 sibilities specified in clause (i) of section 

2 138(b)(2)(A) of title 10, United States Code; and 

3 (2) one of whom may be assigned to support 

4 the Assistant Secretary in the discharge of respon5 sibilities specified in clause (ii) of that section. 

6 SEC. 906. MODIFICATION OF CROSS-FUNCTIONAL TEAM TO 

7 ADDRESS EMERGING THREAT RELATING TO 

8 DIRECTED ENERGY CAPABILITIES. 

9 Section 910 of the National Defense Authorization 

10 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 

11 111 note) is amended— 

12 (1) in the section heading, by striking ‘‘ANOM13 ALOUS HEALTH INCIDENTS’’ and inserting ‘‘DI14 RECTED ENERGY CAPABILITIES’’; 

15 (2) in subsection (a), by striking ‘‘anomalous 

16 health incidents (as defined by the Secretary)’’ and 

17 inserting ‘‘emerging directed energy capabilities, in18 cluding such capabilities that could plausibly result 

19 in anomalous health incidents (as defined by the 

20 Secretary),’’; 

21 (3) in subsection (b)— 

22 (A) in the matter preceding paragraph (1), 

23 by inserting ‘‘to assist the Secretary of De24 fense’’ after ‘‘shall be’’; 
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1 (B) by amending paragraph (1) to read as 

2 follows: 

3 ‘‘(1) to address the threat posed by emerging 

4 directed energy capabilities, such as anti-personnel 

5 weapons, including the detection and mitigation of, 

6 and development of countermeasures for, such capa7 bilities;’’; 

8 (C) by redesignating paragraphs (2) and 

9 (3) as paragraphs (3) and (4), respectively; 

10 (D) by inserting after paragraph (1) the 

11 following new paragraph (2): 

12 ‘‘(2) to conduct necessary investigation and ac13 tivities to understand the causation, attribution, 

14 mitigation, identification, and treatment for anoma15 lous health incidents;’’; and 

16 (E) in paragraph (4), as redesignated by 

17 subparagraph (C), by striking ‘‘any other ef18 forts regarding such incidents’’ and inserting 

19 ‘‘with any other efforts regarding emerging di20 rected energy capabilities, hazards of electro21 magnetic radiation to personnel, and anomalous 

22 health incidents’’; 

23 (4) in subsection (d), by striking ‘‘in consulta24 tion with the Director of National Intelligence and’’; 

25 and 
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1 (5) in subsection (e)(2)— 

2 (A) by striking ‘‘March 1, 2026’’ and in3 serting ‘‘March 1, 2028’’; and 

4 (B) by striking ‘‘anomalous health inci5 dents’’ and inserting ‘‘emerging directed energy 

6 capabilities, including such capabilities that 

7 could plausibly result in anomalous health inci8 dents’’. 

9 SEC. 907. PILOT PROGRAM ON PROTECTING ACCESS TO 

10 CRITICAL ASSETS. 

11 (a) IN GENERAL.—The Secretary of Defense shall es12 tablish a pilot program within the Office of the Under Sec13 retary of Defense for Acquisition and Sustainment under 

14 which the Under Secretary will conduct and coordinate as15 sessments, support industrial base decision-making, and 

16 provide mitigation measures to counter adversarial capital 

17 flows into industries or businesses of interest to the De18 partment of Defense intended to undermine or deny— 

19 (1) the access of the United States to key capa20 bilities; or 

21 (2) the ability of the United States to place 

22 such capabilities in physical locations necessary for 

23 national security functions. 

24 (b) ELEMENTS.— 
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1 (1) IN GENERAL.—Under the pilot program re2 quired by subsection (a), the Under Secretary may 

3 perform the following tasks: 

4 (A) Conduct coordinated and integrated 

5 analysis of adversarial capital flows into indus6 tries or businesses of interest to the Depart7 ment of Defense. 

8 (B) Support coordination and outreach 

9 with technology scouting and acquisition ele10 ments of the Department to support the invest11 ment decision-making of those elements and 

12 consideration of how to counteract entities em13 ploying adversarial capital flows against indus14 tries or businesses described in subparagraph 

15 (A), including the employment of relevant au16 thorities vested in other components of the De17 partment and the Federal Government. 

18 (C) Identify, accelerate, and sustain the es19 tablishment, research, development, construc20 tion, procurement, leasing, consolidation, alter21 ation, improvement, modernization, and repair 

22 of tangible and intangible assets vital to the na23 tional security of the United States. 

24 (D) Protect tangible and intangible assets 

25 vital to the national security of the United 
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1 States from theft, acquisition, and transfer by 

2 adversaries or strategic competitors of the 

3 United States. 

4 (E) Provide capital assistance to entities 

5 engaged in investments that facilitate the ef6 forts of the Under Secretary under subpara7 graphs (C) and (D) utilizing existing authorities 

8 available to the Department, such as the au9 thority provided under section 834. 

10 (F) Experiment, prototype, test, or vali11 date Government-developed or commercially de12 veloped analytical tools, processes, and 

13 tradecraft to improve the due diligence and in14 vestment analysis processes for the Depart15 ment. 

16 (2) USE OF CERTAIN FINANCIAL INSTRU17 MENTS.—The Under Secretary may perform the 

18 tasks described in paragraph (1) using the authori19 ties provided by section 834. 

20 (c) COORDINATION.—In establishing the pilot pro21 gram required by subsection (a), the Secretary shall co22 ordinate the activities being carried out under the pilot 

23 program with the following entities: 

24 (1) The Air Force Office of Concepts, Develop25 ment, and Management. 
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1 (2) The Air Force Office of Commercial and 

2 Economic Analysis. 

3 (3) The Special Operations Command. 

4 (4) The Defense Innovation Unit. 

5 (5) The Office of Strategic Capital established 

6 under section 148 of title 10, United States Code, 

7 as added by section 901. 

8 (6) Such other entities as the Secretary con9 siders appropriate. 

10 (d) REGULATIONS.—The Secretary of Defense shall 

11 prescribe such regulations as are necessary to carry out 

12 this section. 

13 (e) EFFECTIVE DATE.—The Secretary may not carry 

14 out activities or exercise authorities under this section 

15 until the date that is 30 days after the date on which the 

16 Secretary submits to the congressional defense committees 

17 the regulations required by subsection (d). 

18 (f) BRIEFING REQUIRED.—Not later than 90 days 

19 after the date of the enactment of this Act, the Under 

20 Secretary shall provide a briefing to the congressional de21 fense committees that details implementation of the pilot 

22 program required by subsection (a). 

23 (g) TERMINATION.—The pilot program required by 

24 subsection (a) shall terminate on September 30, 2028. 

25 (h) DEFINITIONS.—In this section: 
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1 (1) ADVERSARIAL CAPITAL FLOW.—The term 

2 ‘‘adversarial capital flow’’ means an investment by— 

3 (A) the government of a country that is an 

4 adversary of the United States; or 

5 (B) an entity organized under the laws of, 

6 or otherwise subject to the jurisdiction of, such 

7 a country. 

8 (2) CAPITAL ASSISTANCE.—The term ‘‘capital 

9 assistance’’ has the meaning given that term in sec10 tion 834. 

11 SEC. 908. EXTENSION OF MISSION MANAGEMENT PILOT 

12 PROGRAM. 

13 Section 871 of the National Defense Authorization 

14 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 

15 191 note) is amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘IN GENERAL.—Ex19 cept’’ and inserting the following: ‘‘IN

20 GENERAL.— 

21 ‘‘(A) SELECTION.—Except’’; and 

22 (ii) by adding at the end the following 

23 new subparagraph: 

24 ‘‘(B) DELEGATION OF OVERSIGHT AND

25 MANAGEMENT.—The Deputy Secretary of De-
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1 fense may delegate one or more mission man2 agers to oversee the selected missions and pro3 vide management around mission outcomes.’’; 

4 and 

5 (B) by adding at the end the following new 

6 paragraph: 

7 ‘‘(4) IDENTIFICATION OF FUNDING.—For each 

8 mission selected under paragraph (1), the Deputy 

9 Secretary of Defense shall identify funding sources 

10 in detail in defense budget materials for budgets 

11 submitted to Congress pursuant to section 1105 of 

12 title 31, United States Code, with selected missions 

13 and solution detailed in materials for each budgetary 

14 item associated with a selected mission.’’; 

15 (2) in subsection (c)(2)— 

16 (A) in subparagraph (E), by striking ‘‘; 

17 and’’ and inserting a semicolon; 

18 (B) by redesignating subparagraph (F) as 

19 subparagraph (G); and 

20 (C) by inserting after subparagraph (E) 

21 the following new subparagraph: 

22 ‘‘(F) assist the Deputy Secretary of De23 fense in the identification of funding that could 

24 contribute to the mission, including through ex-
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1 isting authorized methods to realign, repro2 gram, or transfer funds; and’’; 

3 (3) in subsection (f)(1)(A), by striking ‘‘every 

4 six months thereafter until the date that is five 

5 years after the date of the enactment of this Act’’ 

6 and inserting ‘‘annually thereafter until September 

7 30, 2031’’; and 

8 (4) in subsection (h), by striking ‘‘terminate on 

9 the date that is five years after the date of the en10 actment of this Act’’ and inserting ‘‘terminate on 

11 September 30, 2031’’. 

12 SEC. 909. CONFORMING AMENDMENTS TO CARRY OUT 

13 ELIMINATION OF POSITION OF CHIEF MAN14 AGEMENT OFFICER. 

15 (a) REMOVAL OF REFERENCES TO CHIEF MANAGE16 MENT OFFICER IN PROVISIONS OF LAW RELATING TO

17 PRECEDENCE.—Chapter 4 of title 10, United States Code, 

18 is amended— 

19 (1) in section 133a(c)— 

20 (A) in paragraph (1), by striking ‘‘, the 

21 Deputy Secretary of Defense, and the Chief 

22 Management Officer of the Department of De23 fense’’ and inserting ‘‘and the Deputy Secretary 

24 of Defense’’; and 
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1 (B) in paragraph (2), by striking ‘‘the 

2 Chief Management Officer,’’; 

3 (2) in section 133b(c)— 

4 (A) in paragraph (1), by striking ‘‘the 

5 Chief Management Officer of the Department 

6 of Defense,’’; and 

7 (B) in paragraph (2), by striking ‘‘the 

8 Chief Management Officer,’’; 

9 (3) in section 137a(d), by striking ‘‘the Chief 

10 Management Officer of the Department of De11 fense,’’; and 

12 (4) in section 138(d), by striking ‘‘the Chief 

13 Management Officer of the Department of De14 fense,’’. 

15 (b) ASSIGNMENT OF PERIODIC REVIEW OF DEFENSE

16 AGENCIES AND DEPARTMENT OF DEFENSE FIELD AC17 TIVITIES TO SECRETARY OF DEFENSE.—Section 192(c) 

18 of such title is amended— 

19 (1) in paragraph (1)— 

20 (A) in subparagraph (A), in the first sen21 tence, by striking ‘‘the Chief Management Offi22 cer of the Department of Defense’’ and insert23 ing ‘‘the Secretary of Defense’’; and 
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1 (B) in subparagraphs (B) and (C), by 

2 striking ‘‘the Chief Management Officer’’ and 

3 inserting ‘‘the Secretary’’; and 

4 (2) in paragraph (2), by striking ‘‘the Chief 

5 Management Officer’’ each place it appears and in6 serting ‘‘the Secretary’’. 

7 (c) ASSIGNMENT OF RESPONSIBILITY FOR FINAN8 CIAL IMPROVEMENT AND AUDIT REMEDIATION TO

9 UNDER SECRETARY OF DEFENSE (COMPTROLLER).— 

10 Section 240b of such title is amended— 

11 (1) in subsection (a)(1), by striking ‘‘The Chief 

12 Management Officer of the Department of Defense 

13 shall, in consultation with the Under Secretary of 

14 Defense (Comptroller),’’ and inserting ‘‘The Under 

15 Secretary of Defense (Comptroller) shall, in con16 sultation with the Performance Improvement Officer 

17 of the Department of Defense,’’; and 

18 (2) in subsection (b)(1)(C)(ii), by striking ‘‘the 

19 Chief Management Officer’’ and inserting ‘‘the Per20 formance Improvement Officer’’. 

21 (d) REMOVAL OF CHIEF MANAGEMENT OFFICER AS

22 RECIPIENT OF REPORTS OF AUDITS BY EXTERNAL AUDI23 TORS.—Section 240d(d)(1)(A) of such title is amended by 

24 striking ‘‘and the Chief Management Officer of the De25 partment of Defense’’. 
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1 (e) CONFORMING AMENDMENTS TO PROVISIONS OF

2 LAW RELATED TO FREEDOM OF INFORMATION ACT EX3 EMPTIONS.—Such title is further amended— 

4 (1) in section 130e— 

5 (A) by striking subsection (d); 

6 (B) by redesignating subsections (e) and 

7 (f) as subsections (d) and (e), respectively; and 

8 (C) in subsection (d), as so redesignated— 

9 (i) in the first sentence, by striking ‘‘, 

10 or the Secretary’s designee,’’; and 

11 (ii) in the second sentence, by striking 

12 ‘‘, through the Office of the Director of 

13 Administration and Management’’; and 

14 (2) in section 2254a— 

15 (A) by striking subsection (c); 

16 (B) by redesignating subsection (d) as sub17 section (c); and 

18 (C) in subsection (c), as so redesignated— 

19 (i) in the first sentence, by striking ‘‘, 

20 or the Secretary’s designee,’’; and 

21 (ii) in the second sentence, by striking 

22 ‘‘, through the Office of the Director of 

23 Administration and Management’’. 

24 (f) REMOVAL OF CHIEF MANAGEMENT OFFICER AS

25 REQUIRED COORDINATOR ON DEFENSE RESALE MAT-
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1 TERS.—Section 631(a) of the National Defense Authoriza2 tion Act for Fiscal Year 2020 (Public Law 116–92; 10 

3 U.S.C. 2481 note) is amended by striking ‘‘, in coordina4 tion with the Chief Management Officer of the Depart5 ment of Defense,’’. 

6 Subtitle B—Other Department of 

7 Defense Organization and Man8 agement Matters 

9 SEC. 921. JOINT ENERGETICS TRANSITION OFFICE. 

10 (a) IN GENERAL.—The Secretary of Defense shall re11 align roles, responsibilities, and resources as necessary to 

12 establish a Joint Energetics Transition Office (in this sec13 tion referred to as the ‘‘Office’’). 

14 (b) RESPONSIBILITIES.—The Office shall— 

15 (1) develop and periodically update an energetic 

16 materials strategic plan and investment strategy to 

17 guide current and future investments in new and 

18 legacy energetic materials and technologies, includ19 ing by— 

20 (A) developing or supporting the develop21 ment of strategies and roadmaps, under the fu22 ture-years defense program under section 221 

23 of title 10, United States Code, and the pro24 gram objective memorandum process, for ener25 getic materials and technologies; and 
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1 (B) initiating special studies or analyses to 

2 inform the program objective memorandum 

3 process; 

4 (2) coordinate and synchronize existing re5 search, development, test, and evaluation efforts in 

6 energetic materials across the Department of De7 fense to identify promising new energetic materials 

8 and technologies— 

9 (A) to mature, integrate, prototype, and 

10 demonstrate novel energetic materials and tech11 nologies, including classification and character12 ization testing of new materials and manufac13 turing technologies; 

14 (B) to expedite testing, evaluation, and ac15 quisition of energetic materials and technologies 

16 to meet the emergent needs of the Department, 

17 including the rapid integration of promising 

18 new materials and other promising energetic 

19 compounds into existing and planned weapons 

20 platforms; and 

21 (C) to identify existing or establish new 

22 prototyping demonstration venues to integrate 

23 advanced technologies that speed the matura24 tion and deployment of future energetic mate25 rials; 
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1 (3) oversee a process to expedite the qualifica2 tion process for energetic materials, from discovery 

3 through integration into weapon systems, and rec4 ommend changes to laws, regulations, and policies 

5 that present barriers that extend timelines for that 

6 process; and 

7 (4) carry out such other responsibilities relating 

8 to energetic materials as the Secretary shall specify. 

9 (c) REPORT REQUIRED.—The Deputy Secretary of 

10 Defense shall submit to the congressional defense commit11 tees— 

12 (1) not later than 60 days after the date of the 

13 enactment of this Act, a report on the status of the 

14 establishment of the Office under subsection (a); and 

15 (2) not later than one year after such date of 

16 enactment, a report on the measures taken to pro17 vide the Office with the staff and resources nec18 essary for the Office to carry out its responsibilities 

19 under subsection (b). 

20 SEC. 922. TRANSITION OF OVERSIGHT RESPONSIBILITY 

21 FOR THE DEFENSE TECHNOLOGY SECURITY 

22 ADMINISTRATION. 

23 (a) PLAN REQUIRED.—Not later than 90 days after 

24 the date of the enactment of this Act, the Secretary of 

25 Defense shall develop a transition plan to realign the De-
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1 fense Technology Security Administration under the au2 thority, direction, and control of the Assistant Secretary 

3 of Defense for Industrial Base Policy. 

4 (b) SUBMISSION OF PLAN.—Not later than 7 days 

5 after the date on which the Secretary completes develop6 ment of the plan required by subsection (a), the Secretary 

7 shall submit the plan to the congressional defense commit8 tees. 

9 (c) IMPLEMENTATION OF PLAN.—Not later than 180 

10 days after the date on which the Secretary completes de11 velopment of the plan required by subsection (a), the Sec12 retary shall realign the Defense Technology Security Ad13 ministration under the authority, direction, and control of 

14 the Assistant Secretary of Defense for Industrial Base 

15 Policy. 

16 SEC. 923. INTEGRATED AND AUTHENTICATED ACCESS TO 

17 DEPARTMENT OF DEFENSE SYSTEMS FOR 

18 CERTAIN CONGRESSIONAL STAFF FOR OVER19 SIGHT PURPOSES. 

20 Section 1046(a) of the James M. Inhofe National De21 fense Authorization Act for Fiscal Year 2023 (Public Law 

22 117–263) is amended— 

23 (1) in paragraph (1)(B), by striking ‘‘; and’’ 

24 and inserting a semicolon; 
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1 (2) in paragraph (2), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) to the extent feasible, be integrated with 

6 software used by the Department of Defense Park7 ing Management Office to validate parking re8 quests.’’. 

9 SEC. 924. INTEGRATION OF PRODUCTIVITY SOFTWARE 

10 SUITES FOR SCHEDULING DATA. 

11 The Secretary of Defense shall ensure that the De12 partment of Defense is capable of scheduling congressional 

13 engagements in a digitally interoperable manner by not 

14 later than February 25, 2024, either through— 

15 (1) integrating the productivity software suite 

16 of the Department of Defense with the productivity 

17 software suite of the congressional defense commit18 tees; or 

19 (2) enabling the automated transmission of 

20 scheduling data through another software solution. 

21 SEC. 925. OPERATIONALIZING AUDIT READINESS. 

22 (a) METRICS REQUIRED.— 

23 (1) IN GENERAL.—The Secretary of Defense, in 

24 coordination with the Secretaries of the military de25 partments, shall develop a set of command audit 
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1 metrics that link existing audit readiness goals and 

2 metrics for the financial management community 

3 with unit leadership goals and metrics to provide 

4 operationally relevant performance measures for use 

5 by unit commanders. 

6 (2) LEVERAGING SUPPORT.—In developing the 

7 metrics required by paragraph (1), the Secretary 

8 may leverage support from an existing federally 

9 funded research and development center or univer10 sity-affiliated research center. 

11 (3) DEADLINE.—An initial set of metrics shall 

12 be developed and implemented under paragraph (1) 

13 not later than April 30, 2025. 

14 (b) TRAINING.— 

15 (1) IN GENERAL.—The President of the De16 fense Acquisition University shall develop training 

17 curricula to support the workforce of the Depart18 ment of Defense in understanding, implementing, 

19 and utilizing the metrics developed under subsection 

20 (a) in the day-to-day performance of their command 

21 and leadership duties. 

22 (2) DEADLINE.—An initial training curriculum 

23 shall be developed and implemented under para24 graph (1) not later than April 30, 2025. 

25 (c) LEADER PERFORMANCE ASSESSMENTS.— 
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1 (1) IN GENERAL.—The Secretary of Defense, in 

2 coordination with the Secretaries of the military de3 partments, shall evaluate means by which the 

4 metrics developed under subsection (a) can be used 

5 in the performance evaluation of unit commanders. 

6 (2) BRIEFING REQUIRED.—Not later than Sep7 tember 30, 2024, the Secretary shall provide a brief8 ing to the Committees on Armed Services of the 

9 Senate and the House of Representatives on the 

10 evaluation conducted under paragraph (1). The 

11 briefing shall include the following elements: 

12 (A) Identification of the appropriate com13 mand echelon at which to assess unit leader 

14 performance using the metrics developed under 

15 subsection (a). 

16 (B) Evaluations of available measures to 

17 reward superior or above average performance 

18 with respect to such metrics. 

19 (C) Assessment of the potential value, and 

20 challenges, to integrating such measures into 

21 the annual performance evaluations for des22 ignated unit leaders. 

23 (D) Any other issues the Secretary con24 siders appropriate. 
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1 SEC. 926. NEXT GENERATION BUSINESS HEALTH METRICS. 

2 (a) METRICS REQUIRED.—The Secretary of Defense, 

3 acting through the Director of Administration and Man4 agement and in coordination with the Secretaries of the 

5 military departments, shall develop an updated set of busi6 ness health metrics to inform decision-making by senior 

7 leaders of the Department of Defense. 

8 (b) ELEMENTS.—In developing the metrics required 

9 by subsection (a), the Director shall— 

10 (1) using the current literature on performance 

11 measurement, determine what additional new 

12 metrics should be implemented, or current metrics 

13 should be adapted, to reduce output-based measures 

14 and emphasize objective, measurable indicators 

15 aligned to enduring strategic goals of the Depart16 ment of Defense; 

17 (2) assess the current business processes of the 

18 Department and provide recommendations to align 

19 the metrics with available data sources to determine 

20 what gaps might exist in such processes; 

21 (3) ensure that data can be collected automati22 cally and, on a long-term basis, in a manner that 

23 provides for longitudinal analysis; 

24 (4) link the metrics with the Strategic Manage25 ment Plan and other performance documents guid26 ing the Department; 
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1 (5) identify any shortfalls in resources, data, 

2 training, policy, or law that could be an impediment 

3 to implementing the metrics; 

4 (6) revise leading and lagging indicators associ5 ated with each such metric to provide a benchmark 

6 against which to assess progress; 

7 (7) improve visualization of and comprehension 

8 for the use of the metrics in data-driven decision9 making, including adoption of new policies and 

10 training as needed; 

11 (8) incorporate the ability to aggregate and 

12 disaggregate data to provide the ability to focus on 

13 functional, component-level metrics; and 

14 (9) increase standardization of the use and col15 lection of business health metrics across the Depart16 ment. 

17 (c) ADDITIONAL SUPPORT.—In developing the 

18 metrics required by subsection (a), the Director may lever19 age support from an existing federally funded research 

20 and development center or university-affiliated research 

21 center. 

22 (d) BRIEFING REQUIRED.—Not later than January 

23 30, 2025, the Director shall brief the Committees on 

24 Armed Services of the Senate and the House of Represent-
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1 atives on the development of the metrics required by sub2 section (a). 

3 SEC. 927. INDEPENDENT ASSESSMENT OF DEFENSE BUSI4 NESS ENTERPRISE ARCHITECTURE. 

5 (a) IN GENERAL.—The Secretary of Defense shall se6 lect a federally funded research and development center 

7 or a university affiliated research center to conduct an 

8 independent assessment of the defense business enterprise 

9 architecture developed under section 2222(e) of title 10, 

10 United States Code. 

11 (b) ELEMENTS.—The assessment required by sub12 section (a) shall include the following elements: 

13 (1) An assessment of the effectiveness of the 

14 defense business enterprise architecture as of the 

15 date of the enactment of this Act in providing an 

16 adequate and useful framework for planning, man17 aging, and integrating the business systems of the 

18 Department of Defense. 

19 (2) A comparison of the defense business enter20 prise architecture with similar models in use by 

21 other government agencies in the United States, for22 eign governments, and major commercial entities, in23 cluding an assessment of any lessons from such 

24 models that might be applied to the defense business 

25 enterprise architecture. 
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1 (3) An assessment of the adequacy of the de2 fense business enterprise architecture in informing 

3 business process reengineering and being sufficiently 

4 responsive to changes in business processes over 

5 time. 

6 (4) An identification of any shortfalls or imple7 mentation challenges in the utility of the defense 

8 business enterprise architecture. 

9 (5) Recommendations for replacement of the 

10 existing defense business enterprise architecture or 

11 for modifications to the existing architecture to 

12 make that architecture and the process for updating 

13 that architecture more effective and responsive to 

14 the business process needs of the Department. 

15 (c) INTERIM BRIEFING.—Not later than April 1, 

16 2024, the Secretary shall brief the Committees on Armed 

17 Services of the Senate and the House of Representatives 

18 on the status of the assessment required by subsection (a). 

19 (d) FINAL REPORT.—Not later than January 30, 

20 2025, the Secretary shall submit to the Committees on 

21 Armed Services of the Senate and the House of Represent22 atives a report on the results of the assessment required 

23 by subsection (a). 
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1 SEC. 928. LIMITATION ON ESTABLISHMENT OF NEW DIVER2 SITY, EQUITY, AND INCLUSION POSITIONS; 

3 HIRING FREEZE. 

4 (a) IN GENERAL.—During the period described in 

5 subsection (b), the Secretary of Defense may not— 

6 (1) establish any new positions within the De7 partment of Defense with responsibility for matters 

8 relating to diversity, equity, and inclusion; or 

9 (2) fill any vacancies in positions in the Depart10 ment with responsibility for such matters. 

11 (b) PERIOD DESCRIBED.—The period described in 

12 this subsection is the period— 

13 (1) beginning on the date of the enactment of 

14 this Act; and 

15 (2) ending on the date on which the Comp16 troller General of the United States submits to Con17 gress the review of the Department of Defense diver18 sity, equity, and inclusion workforce required by the 

19 report of the Committee on Armed Services of the 

20 Senate accompanying the National Defense Author21 ization Act for Fiscal Year 2024. 

22 TITLE X—GENERAL PROVISIONS 

23 Subtitle A—Financial Matters 

24 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

25 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
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1 (1) AUTHORITY.—Upon determination by the 

2 Secretary of Defense that such action is necessary in 

3 the national interest, the Secretary may transfer 

4 amounts of authorizations made available to the De5 partment of Defense in this division for fiscal year 

6 2024 between any such authorizations for that fiscal 

7 year (or any subdivisions thereof). Amounts of au8 thorizations so transferred shall be merged with and 

9 be available for the same purposes as the authoriza10 tion to which transferred. 

11 (2) LIMITATION.—Except as provided in para12 graph (3), the total amount of authorizations that 

13 the Secretary may transfer under the authority of 

14 this section may not exceed $6,000,000,000. 

15 (3) EXCEPTION FOR TRANSFERS BETWEEN

16 MILITARY PERSONNEL AUTHORIZATIONS.—A trans17 fer of funds between military personnel authoriza18 tions under title IV shall not be counted toward the 

19 dollar limitation in paragraph (2). 

20 (b) LIMITATIONS.—The authority provided by sub21 section (a) to transfer authorizations— 

22 (1) may only be used to provide authority for 

23 items that have a higher priority than the items 

24 from which authority is transferred; and 
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1 (2) may not be used to provide authority for an 

2 item that has been denied authorization by Con3 gress. 

4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the 

7 amount authorized for the account to which the amount 

8 is transferred by an amount equal to the amount trans9 ferred. 

10 (d) NOTICE TO CONGRESS.—The Secretary shall 

11 promptly notify Congress of each transfer made under 

12 subsection (a). 

13 SEC. 1002. ANNUAL REPORT ON BUDGET PRIORITIZATION 

14 BY SECRETARY OF DEFENSE AND MILITARY 

15 DEPARTMENTS. 

16 (a) IN GENERAL.—Chapter 9 of title 10, United 

17 States Code, is amended by inserting after section 222d 

18 the following new section: 

19 ‘‘§ 222e. Programs, projects, and activities that were 

20 internally reduced or eliminated in the 

21 submission of the President’s budget: an22 nual report 

23 ‘‘(a) IN GENERAL.—The Secretary of Defense, acting 

24 through the Secretaries of the military departments and 

25 the officers of Department of Defense agencies and offices 
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1 not under the control of a Secretary of a military depart2 ment, shall submit to the congressional defense commit3 tees each year, not later than 15 days after the submission 

4 of the budget of the President for the fiscal year beginning 

5 in such year under section 1105(a) of title 31, a report 

6 that includes organized tabulations of programs, projects, 

7 and activities the total obligational authority for which 

8 was reduced or eliminated in the current budget year pro9 posal compared to the prior-year projection for the current 

10 year. 

11 ‘‘(b) ELEMENTS.—The tabulations required under 

12 subsection (a) shall include, for each program, project, or 

13 activity that was internally reduced or eliminated, the fol14 lowing elements: 

15 ‘‘(1) Whether the program, project, or activity 

16 was eliminated or reduced and which fiscal year it 

17 was eliminated or reduced in. 

18 ‘‘(2) Appropriations sub-account. 

19 ‘‘(3) The appropriate program element, line 

20 item number, or sub-activity group. 

21 ‘‘(4) Program, project, or activity name. 

22 ‘‘(5) Prior year enacted appropriation. 

23 ‘‘(6) Prior year projected current year budget. 

24 ‘‘(7) Current year budget request. 
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1 ‘‘(8) If applicable, the amount reduced or saved 

2 by the current year elimination or reduction over the 

3 future years defense plan. 

4 ‘‘(9) The rationale for reduction or elimination. 

5 ‘‘(c) FORM.—The report required under subsection 

6 (a) shall be submitted in machine readable, electronic 

7 form.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 9 of such title is amended by 

10 inserting after the item relating to section 222d the fol11 lowing new item: 

‘‘222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report.’’. 

12 SEC. 1003. ADDITIONAL REPORTING REQUIREMENTS RE13 LATED TO UNFUNDED PRIORITIES. 

14 Section 222a(c)(1) of title 10, United States Code, 

15 is amended by adding at the end the following new sub16 paragraph: 

17 ‘‘(E) For each priority— 

18 ‘‘(i) the requirement that will be ad19 dressed which is not in the base budget re20 quest; 

21 ‘‘(ii) the reason why the priority was 

22 not included in the base budget request; 

23 ‘‘(iii) a description of previous funding 

24 to address the requirement; 
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1 ‘‘(iv) an assessment of the impact of 

2 the priority on the future years defense 

3 plan.’’. 

4 SEC. 1004. SENSE OF THE SENATE ON NEED FOR EMER5 GENCY SUPPLEMENTAL APPROPRIATIONS. 

6 It is the sense of the Senate that— 

7 (1) section 101 of the Fiscal Responsibility Act 

8 of 2023 (Public Law 118–5) imposes limits on dis9 cretionary spending in the defense and nondefense 

10 categories; 

11 (2) if those spending limits for either category 

12 are breached, then across-the-board sequestration 

13 cuts are triggered on that category to eliminate the 

14 breach; 

15 (3) the enactment of authorization and appro16 priations legislation for the Department of Defense 

17 will provide inherent cost savings that continuing 

18 resolutions do not provide; 

19 (4) there are growing national security concerns 

20 that require additional funds beyond the revised se21 curity spending limit, to include continued support 

22 to the Ukrainian armed forces, additional munitions 

23 production, additional large surface combatants, 

24 shipbuilding industrial base modernization invest25 ments, submarine industrial base and supply chain 
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1 management, additional production of wheeled and 

2 tracked combat vehicles, and emergent capabilities 

3 and exercises in the United States Indo-Pacific Com4 mand; 

5 (5) as the Senate Majority Leader Chuck Schu6 mer stated on June 1, 2023, ‘‘This debt ceiling deal 

7 does nothing to limit the Senate’s ability to appro8 priate emergency/supplemental funds to ensure our 

9 military capabilities are sufficient to deter China, 

10 Russia, and our other adversaries and respond to 

11 ongoing and growing national security threats, in12 cluding Russia’s ongoing war of aggression against 

13 Ukraine, our ongoing competition with China and its 

14 growing threat to Taiwan, Iranian threats to Amer15 ican interests and those of our partners in the Mid16 dle East, or any other emerging security crisis; nor 

17 does this debt ceiling deal limit the Senate’s ability 

18 to appropriate emergency/supplemental funds to re19 spond to various national issues, such as disaster re20 lief, or combating the fentanyl crisis, or other issues 

21 of national importance.’’; and 

22 (6) the President should expeditiously send 

23 emergency funding requests to the Senate for con24 sideration so that those needs can receive sufficient 

25 and additional funds. 
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1 Subtitle B—Counterdrug Activities 

2 SEC. 1011. DISRUPTION OF FENTANYL TRAFFICKING. 

3 (a) SENSE OF SENATE.—It is the sense of the Senate 

4 that— 

5 (1) fentanyl trafficking across the borders of 

6 the United States, and the consequences of that 

7 trafficking, constitute an unprecedented, nontradi8 tional, and long-term threat to the national security 

9 of the United States; 

10 (2) transnational criminal organizations have 

11 established effective control over significant areas 

12 within Mexico, which has enabled the development of 

13 fentanyl production and trafficking infrastructure; 

14 (3) combating fentanyl trafficking demands— 

15 (A) improved interagency command, con16 trol, communications, and intelligence sharing 

17 to enhance the effectiveness of the interdiction 

18 of fentanyl at the borders of the United States; 

19 and 

20 (B) whole-of-government solutions com21 prised of an integrated and synchronized inter22 agency organizational construct committed to 

23 dismantling the process of trafficking fentanyl 

24 from chemical precursor to production to deliv-
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1 ery in the United States and enabling partner 

2 nations to do the same; 

3 (4) it is within the national security interest of 

4 the United States for Federal, State, and local law 

5 enforcement agencies, the Department of Defense, 

6 the Department of State, other counter-drug agen7 cies, and stakeholders to effectively communicate 

8 and that the failure of effective communication af9 fects the prevention, interdiction, and prosecution of 

10 fentanyl trafficking and distribution into and within 

11 the United States; and 

12 (5) the United States must partner with Mexico 

13 and Canada to combat fentanyl trafficking through 

14 institution building, the dismantling of cartels, and 

15 seizures of fentanyl in Mexico, Canada, and intra16 state transit zones. 

17 (b) DEVELOPMENT OF STRATEGY TO COUNTER

18 FENTANYL TRAFFICKING AND REPORT.— 

19 (1) STRATEGY.— 

20 (A) IN GENERAL.—Not later than 120 

21 days after the date of the enactment of this 

22 Act, the Secretary of Defense, in coordination 

23 with other Federal agencies as the Secretary 

24 considers appropriate, shall develop and submit 

25 to the appropriate congressional committees a 
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1 strategy to use existing authorities, including 

2 the authorities under section 124 of title 10, 

3 United States Code, as appropriate, to target, 

4 disrupt, or degrade threats to the national secu5 rity of the United States caused or exacerbated 

6 by fentanyl trafficking. 

7 (B) CONTENTS.—The strategy required by 

8 subparagraph (A) shall outline how the Sec9 retary of Defense will— 

10 (i) leverage existing authorities re11 garding counterdrug and counter12 transnational organized crime activities 

13 with a counter-fentanyl nexus to detect 

14 and monitor activities related to fentanyl 

15 trafficking; 

16 (ii) support operations to counter 

17 fentanyl trafficking carried out by other 

18 Federal agencies, State, Tribal, and local 

19 law enforcement agencies, or foreign secu20 rity forces; 

21 (iii) coordinate efforts of the Depart22 ment of Defense for the detection and 

23 monitoring of aerial, maritime, and surface 

24 traffic suspected of carrying fentanyl 

25 bound for the United States, including ef-
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1 forts to unify the use of technology, sur2 veillance, and related resources across air, 

3 land, and maritime domains to counter 

4 fentanyl trafficking, including with respect 

5 to data collection, data processing, and in6 tegrating sensors across such domains; 

7 (iv) provide military-unique capabili8 ties to support activities by the United 

9 States Government and foreign security 

10 forces to detect and monitor the trafficking 

11 of fentanyl and precursor chemicals used 

12 in fentanyl production, consistent with sec13 tion 284(b)(10) of title 10, United States 

14 Code; 

15 (v) leverage existing counterdrug and 

16 counter-transnational organized crime pro17 grams of the Department to counter 

18 fentanyl trafficking; 

19 (vi) assess existing training programs 

20 of the Department and provide training for 

21 Federal, State, Tribal, and local law en22 forcement agencies conducted by special 

23 operations forces to counter fentanyl traf24 ficking, consistent with section 284(b) of 

25 title 10, United States Code; 
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1 (vii) engage with foreign security 

2 forces to ensure the counterdrug and 

3 counter-transnational organized crime pro4 grams of the Department— 

5 (I) support efforts to counter 

6 fentanyl trafficking; and 

7 (II) build capacity to interdict 

8 fentanyl in foreign countries, includ9 ing programs to train security forces 

10 in partner countries to counter 

11 fentanyl trafficking, including coun12 tering illicit flows of fentanyl precur13 sors, consistent with sections 284(c) 

14 and 333 of title 10, United States 

15 Code; 

16 (viii) use the North American Defense 

17 Ministerial and the bilateral defense work18 ing groups and bilateral military coopera19 tion round tables with Canada and Mexico 

20 to increase domain awareness to detect and 

21 monitor fentanyl trafficking; and 

22 (ix) evaluate existing policies, proce23 dures, processes, and resources that affect 

24 the ability of the Department to counter 

25 fentanyl trafficking consistent with existing 
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1 counterdrug and counter-transnational or2 ganized crime authorities. 

3 (C) FORM.—The strategy required by sub4 paragraph (A) shall be submitted in unclassi5 fied form, but may include a classified annex. 

6 (D) BRIEFING.—Not later than 45 days 

7 after the submission of the strategy required by 

8 subparagraph (A), the Secretary shall provide 

9 to the appropriate congressional committees a 

10 briefing on the strategy and plans for its imple11 mentation. 

12 (2) REPORT ON LAW ENFORCEMENT REIM13 BURSEMENT.—The Secretary of Defense shall sub14 mit to the appropriate congressional committees a 

15 report on— 

16 (A) any goods or services provided under 

17 section 1535 of title 31, United States Code 

18 (commonly known as the ‘‘Economy Act’’), dur19 ing the period beginning on January 1, 2010, 

20 and ending on the date on which the report is 

21 submitted, by the Department of Defense to 

22 Federal civilian law enforcement agencies for 

23 counterdrug and counter-transnational orga24 nized crime operations on the southern border 

25 of the United States; and 
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1 (B) any payments made for such goods or 

2 services under such section during such period. 

3 (c) COOPERATION WITH MEXICO.— 

4 (1) IN GENERAL.—The Secretary of Defense 

5 shall seek to enhance cooperation with defense offi6 cials of the Government of Mexico to target, disrupt, 

7 and degrade transnational criminal organizations 

8 within Mexico that traffic fentanyl. 

9 (2) REPORT ON ENHANCED SECURITY CO10 OPERATION.— 

11 (A) IN GENERAL.—Not later than 180 

12 days after the date of the enactment of this 

13 Act, the Secretary of Defense shall submit to 

14 the appropriate congressional committees a re15 port on efforts to enhance cooperation with de16 fense officials of the Government of Mexico 

17 specified in paragraph (1). 

18 (B) CONTENTS.—The report required by 

19 subparagraph (A) shall include— 

20 (i) an assessment of the impact of the 

21 efforts to enhance cooperation described in 

22 paragraph (1) on targeting, disrupting, 

23 and degrading fentanyl trafficking; 
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1 (ii) a description of limitations on 

2 such efforts, including limitations imposed 

3 by the Government of Mexico; 

4 (iii) recommendations by the Sec5 retary on actions to further improve co6 operation with defense officials of the Gov7 ernment of Mexico; 

8 (iv) recommendations by the Secretary 

9 on actions of the Department of Defense 

10 to further improve the capabilities of the 

11 Government of Mexico to target, disrupt, 

12 and degrade fentanyl trafficking; and 

13 (v) any other matter the Secretary 

14 considers relevant. 

15 (C) FORM.—The report required by sub16 paragraph (A) may be submitted in unclassified 

17 form but shall include a classified annex. 

18 (d) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committee on Armed Services of 

23 the Senate; and 

24 (B) the Committee on Armed Services of 

25 the House of Representatives. 
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1 (2) FENTANYL.—The term ‘‘fentanyl’’ means 

2 fentanyl and any fentanyl-related substance. 

3 (3) FENTANYL-RELATED SUBSTANCE.—The 

4 term ‘‘fentanyl-related substance’’— 

5 (A) means any substance that is struc6 turally related to fentanyl by 1 or more modi7 fications of— 

8 (i) replacement of the phenyl portion 

9 of the phenethyl group by any monocycle, 

10 whether or not further substituted in or on 

11 the monocycle; 

12 (ii) substitution in or on the phenethyl 

13 group with alkyl, alkenyl, alkoxyl, 

14 hydroxyl, halo, haloalkyl, amino, or nitro 

15 groups; 

16 (iii) substitution in or on the piper17 idine ring with alkyl, alkenyl, alkoxyl, 

18 ester, ether, hydroxyl, halo, haloalkyl, 

19 amino, or nitro groups; 

20 (iv) replacement of the aniline ring 

21 with any aromatic monocycle whether or 

22 not further substituted in or on the aro23 matic monocycle; and 

24 (v) replacement of the N-propionyl 

25 group with another acyl group; and 
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1 (B) does not include a substance described 

2 in subparagraph (A) that is— 

3 (i) controlled by action of the Attor4 ney General pursuant to section 201 of the 

5 Controlled Substances Act (21 U.S.C. 

6 811); 

7 (ii) expressly listed in Schedule I of 

8 section 202(c) of that Act (21 U.S.C. 812) 

9 or another schedule by a statutory provi10 sion; or 

11 (iii) removed from Schedule I, or re12 scheduled to another schedule, pursuant to 

13 section 201(k) of that Act (21 U.S.C. 

14 811(k)). 

15 (4) ILLEGAL MEANS.—The term ‘‘illegal 

16 means’’ includes the trafficking of money, human 

17 trafficking, illicit financial flows, illegal trade in nat18 ural resources and wildlife, trade in illegal drugs and 

19 weapons, and other forms of illegal means deter20 mined by the Secretary of Defense. 

21 (5) SECURITY COOPERATION PROGRAM.—The 

22 term ‘‘security cooperation program’’ has the mean23 ing given that term in section 301 of title 10, United 

24 States Code. 
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1 (6) TRANSNATIONAL CRIMINAL ORGANIZA2 TION.— 

3 (A) IN GENERAL.—The term 

4 ‘‘transnational criminal organization’’ means a 

5 group, network, and associated individuals who 

6 operate transnationally for the purpose of ob7 taining power, influence, or monetary or com8 mercial gain, wholly or in part by illegal means, 

9 while advancing their activities through a pat10 tern of crime, corruption, or violence and pro11 tecting their illegal activities through a 

12 transnational organizational structure and the 

13 exploitation of public corruption or 

14 transnational logistics, financial, or communica15 tion mechanisms. 

16 (B) ADDITIONAL ORGANIZATIONS.—The 

17 term ‘‘transnational criminal organization’’ in18 cludes any transnational criminal organization 

19 identified in the most recent Drug Threat As20 sessment of the Drug Enforcement Agency. 

21 SEC. 1012. ENHANCED SUPPORT FOR COUNTERDRUG AC22 TIVITIES AND ACTIVITIES TO COUNTER 

23 TRANSNATIONAL ORGANIZED CRIME. 

24 Section 284(b)(9) of title 10, United States Code, is 

25 amended by striking ‘‘linguist and intelligence analysis’’ 
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1 and inserting ‘‘linguist, intelligence analysis, and plan2 ning’’. 

3 SEC. 1013. MODIFICATION OF SUPPORT FOR 

4 COUNTERDRUG ACTIVITIES AND ACTIVITIES 

5 TO COUNTER TRANSNATIONAL ORGANIZED 

6 CRIME: INCREASE IN CAP FOR SMALL SCALE 

7 CONSTRUCTION PROJECTS. 

8 Section 284(i)(3) of title 10, United States Code, is 

9 amended by striking ‘‘$750,000’’ and inserting 

10 ‘‘$1,500,000’’. 

11 SEC. 1014. BUILDING THE CAPACITY OF ARMED FORCES OF 

12 MEXICO TO COUNTER THE THREAT POSED BY 

13 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 

14 (a) PILOT PROGRAM.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary of 

16 Defense, in coordination with the Secretary of State, shall 

17 establish a pilot program to assess the feasibility and ad18 visability of building the capacity of armed forces of Mex19 ico in the United States on goals, jointly agreed to by the 

20 Governments of the United States and Mexico, to counter 

21 the threat posed by transnational criminal organizations, 

22 including through— 

23 (1) operations designed, at least in part, by the 

24 United States, to counter that threat; and 
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1 (2) in consultation with the appropriate civilian 

2 government agencies specializing in countering 

3 transnational criminal organizations— 

4 (A) joint network analysis; 

5 (B) counter threat financing; 

6 (C) counter illicit trafficking (including 

7 narcotics, weapons, and human trafficking, and 

8 illicit trafficking in natural resources); and 

9 (D) assessments of key nodes of activity of 

10 transnational criminal organizations. 

11 (b) PLAN.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, the Sec14 retary of Defense shall submit to the appropriate 

15 congressional committees a plan for implementing 

16 the pilot program required by subsection (a) over a 

17 period of five years, including the costs of admin18 istering the program during such period. 

19 (2) DEFINITION OF APPROPRIATE CONGRES20 SIONAL COMMITTEES.—In this subsection, the term 

21 ‘‘appropriate congressional committees’’ means— 

22 (A) the Committee on Armed Services, the 

23 Committee on Foreign Relations, and the Com24 mittee on Appropriations of the Senate; and 
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1 (B) the Committee on Armed Services, the 

2 Committee on Foreign Affairs, and the Com3 mittee on Appropriations of the House of Rep4 resentatives. 

5 Subtitle C—Naval Vessels 

6 SEC. 1021. MODIFICATION OF AUTHORITY TO PURCHASE 

7 USED VESSELS UNDER THE NATIONAL DE8 FENSE SEALIFT FUND. 

9 Section 2218(f)(3) of title 10, United States Code, 

10 is amended— 

11 (1) by striking subparagraphs (C), (E) and (G); 

12 and 

13 (2) by redesignating subparagraphs (D) and 

14 (F) as subparagraphs (C) and (D), respectively. 

15 SEC. 1022. AMPHIBIOUS WARSHIP FORCE AVAILABILITY. 

16 Section 8062 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (e)— 

19 (A) in paragraph (2), by striking ‘‘and’’ at 

20 the end; 

21 (B) in paragraph (3), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following new 

24 paragraph: 
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1 ‘‘(4) the Navy adjusts scheduled maintenance 

2 and repair actions to maintain a minimum of 24 am3 phibious warfare ships operationally available for 

4 worldwide deployment.’’; and 

5 (2) by redesignating the second subsection (g) 

6 (defining amphibious warfare ship) as subsection 

7 (h). 

8 SEC. 1023. PROHIBITION ON RETIREMENT OF CERTAIN 

9 NAVAL VESSELS. 

10 None of the funds authorized to be appropriated by 

11 this Act for fiscal year 2024 may be obligated or expended 

12 to retire, prepare to retire, or place in storage any of the 

13 following naval vessels: 

14 (1) USS Germantown (LSD 42). 

15 (2) USS Gunston Hall (LSD 44). 

16 (3) USS Tortuga (LSD 46). 

17 (4) USS Shiloh (CG 67). 

18 SEC. 1024. REPORT ON THE POTENTIAL FOR AN ARMY AND 

19 NAVY JOINT EFFORT FOR WATERCRAFT VES20 SELS. 

21 (a) REPORT REQUIRED.—Not later than February 

22 29, 2024, the Secretary of the Navy, in coordination with 

23 the Secretary of the Army, shall submit to the congres24 sional defense committees a report on the feasibility of 

25 conducting a joint Army and Navy effort to develop and 
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1 field a family of watercraft vessels to support the imple2 mentation of the Marine Corps concept of expeditionary 

3 advanced base operations and Army operations in mari4 time environments. 

5 (b) ELEMENTS.—The report required by subsection 

6 (a) shall include an assessment of whether a shared base 

7 platform could meet requirements of the Department of 

8 the Navy and the Department of the Army, and, if so, 

9 an assessment of the benefits and challenges of procuring 

10 a technical data package to allow simultaneous construc11 tion of such platform by multiple builders and using block 

12 buy authorities. 

13 Subtitle D—Counterterrorism 

14 SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS 

15 TO CLOSE OR RELINQUISH CONTROL OF 

16 UNITED STATES NAVAL STATION, GUANTA17 NAMO BAY, CUBA. 

18 Section 1036 of the National Defense Authorization 

19 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 

20 1551), as most recently amended by section 1034 of the 

21 James M. Inhofe National Defense Authorization Act for 

22 Fiscal Year 2023 (Public Law 117–263), is further 

23 amended by striking ‘‘2023’’ and inserting ‘‘2024’’. 
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1 SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS 

2 FOR TRANSFER OR RELEASE OF INDIVID3 UALS DETAINED AT UNITED STATES NAVAL 

4 STATION, GUANTANAMO BAY, CUBA, TO THE 

5 UNITED STATES. 

6 Section 1033 of the John S. McCain National De7 fense Authorization Act for Fiscal Year 2019 (Public Law 

8 115–232; 132 Stat. 1953), as most recently amended by 

9 section 1031 of the James M. Inhofe National Defense 

10 Authorization Act for Fiscal Year 2023 (Public Law 117– 

11 263), is further amended by striking ‘‘December 31, 

12 2023’’ and inserting ‘‘December 31, 2024’’. 

13 SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS 

14 TO CONSTRUCT OR MODIFY FACILITIES IN 

15 THE UNITED STATES TO HOUSE DETAINEES 

16 TRANSFERRED FROM UNITED STATES NAVAL 

17 STATION, GUANTANAMO BAY, CUBA. 

18 Section 1034(a) of the John S. McCain National De19 fense Authorization Act for Fiscal Year 2019 (Public Law 

20 115–232; 132 Stat. 1954), as most recently amended by 

21 section 1032 of the James M. Inhofe National Defense 

22 Authorization Act for Fiscal Year 2023 (Public Law 117– 

23 263), is further amended by striking ‘‘December 31, 

24 2023’’ and inserting ‘‘December 31, 2024’’. 
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1 SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS 

2 FOR TRANSFER OR RELEASE OF INDIVID3 UALS DETAINED AT UNITED STATES NAVAL 

4 STATION, GUANTANAMO BAY, CUBA, TO CER5 TAIN COUNTRIES. 

6 Section 1035 of the John S. McCain National De7 fense Authorization Act for Fiscal Year 2019 (Public Law 

8 115–232; 132 Stat. 1954), as most recently amended by 

9 section 1033 of the James M. Inhofe National Defense 

10 Authorization Act for Fiscal Year 2023 (Public Law 117– 

11 263), is further amended by striking ‘‘December 31, 

12 2023’’ and inserting ‘‘December 31, 2024’’. 

13 Subtitle E—Miscellaneous 

14 Authorities and Limitations 

15 SEC. 1041. EXTENSION OF ADMISSION TO GUAM OR THE 

16 COMMONWEALTH OF THE NORTHERN MAR17 IANA ISLANDS FOR CERTAIN NONIMMIGRANT 

18 H–2B WORKERS. 

19 Section 6(b)(1)(B) of the Joint Resolution entitled 

20 ‘‘A Joint Resolution to approve the ‘Covenant to Establish 

21 a Commonwealth of the Northern Mariana Islands in Po22 litical Union with the United States of America’, and for 

23 other purposes’’, approved March 24, 1976 (48 U.S.C. 

24 1806(b)(1)(B)), is amended, in the matter preceding 

25 clause (i), by striking ‘‘December 31, 2023’’ and inserting 

26 ‘‘December 31, 2029’’. 
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1 SEC. 1042. AUTHORITY TO INCLUDE FUNDING REQUESTS 

2 FOR THE CHEMICAL AND BIOLOGICAL DE3 FENSE PROGRAM IN BUDGET ACCOUNTS OF 

4 MILITARY DEPARTMENTS. 

5 Section 1701(d)(2) of the National Defense Author6 ization Act for Fiscal Year 1994 (50 U.S.C. 1522(d)(2)) 

7 is amended by striking ‘‘may not be included in the budget 

8 accounts’’ and inserting ‘‘may be included in the budget 

9 accounts’’. 

10 SEC. 1043. UNFAVORABLE SECURITY CLEARANCE ELIGI11 BILITY DETERMINATIONS AND APPEALS. 

12 (a) ADMINISTRATIVE DUE PROCESS PROCEDURES

13 FOR COVERED INDIVIDUALS SEEKING OR HAVING AC14 CESS TO CLASSIFIED INFORMATION OR SENSITIVE COM15 PARTMENT INFORMATION.— 

16 (1) IN GENERAL.—Each head of a component 

17 of the Department of Defense shall provide to each 

18 covered individual described in paragraph (2) of 

19 such component seeking or having access to classi20 fied information or sensitive compartment informa21 tion with administrative due process procedures de22 scribed in paragraph (3) through the Defense Office 

23 of Hearings and Appeals. 

24 (2) COVERED INDIVIDUAL DESCRIBED.—A cov25 ered individual described in this paragraph is a 

26 member of the Armed Forces, a civilian employee 
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1 employed by a component of the Department of De2 fense, or a contractor employee described in Depart3 ment of Defense Manual 5220.22, Volume 2 (relat4 ing to National Industrial Security Program: Indus5 trial Security Procedures for Government Activities), 

6 or successor manual. 

7 (3) ADMINISTRATIVE DUE PROCESS PROCE8 DURES DESCRIBED.—The administrative due process 

9 procedures described in this paragraph are the ad10 ministrative due process procedures described in De11 partment of Defense Directive 5220.6 (relating to 

12 Defense Industrial Personnel Security Clearance Re13 view Program), or successor directive, and Executive 

14 Order 10865 (50 U.S.C. 3161 note; relating to safe15 guarding classified information within industry). 

16 (b) HEARINGS, APPEALS, AND FINAL DENIALS AND

17 REVOCATIONS OF SECURITY CLEARANCE ELIGIBILITY.— 

18 In order to simplify, centralize, and unify the administra19 tive processes for unfavorable security clearance eligibility 

20 determinations for covered individuals described in sub21 section (a)(2), the Secretary of Defense shall ensure that 

22 all hearings, appeals, and final denials and revocations of 

23 security clearance eligibility are performed by the Defense 

24 Office of Hearings and Appeals with administrative due 

25 process procedures. 
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1 (c) UPDATES TO DEPARTMENT OF DEFENSE MANU2 ALS.—The Secretary of Defense shall update Department 

3 of Defense Manual 5200.02 (relating to procedures for 

4 Department of Defense Personnel Security Program) and 

5 Department of Defense Manual 5220.22, Volume 2 (relat6 ing to National Industrial Security Program: Industrial 

7 Security Procedures for Government Activities) to con8 form with the requirements of subsections (a) and (b). 

9 (d) AUTHORITY OF DIRECTOR OF DEFENSE OFFICE

10 OF HEARINGS AND APPEALS TO RENDER ELIGIBILITY

11 DETERMINATIONS FOR ACCESS TO CLASSIFIED INFORMA12 TION AND SENSITIVE COMPARTMENTED INFORMATION.— 

13 The Director of the Defense Office of Hearings and Ap14 peals may render eligibility determinations for access to 

15 classified information and sensitive compartmented infor16 mation pursuant to procedures and guidelines that the Di17 rector shall issue in consultation with the Director of Na18 tional Intelligence. 

19 (e) DISSEMINATION OF SECURITY RELEVANT INFOR20 MATION.— 

21 (1) REQUEST FOR SHARING REQUIRED.—In a 

22 case in which a contractor or civilian employee of the 

23 Federal Government holding an active security clear24 ance is seeking to transfer that clearance for a new 

25 position in the Department of Defense and in which 
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1 an agency or department of the Federal Government 

2 possesses security relevant information about that 

3 clearance holder that is related to eligibility for ac4 cess to classified information and makes known the 

5 existence of such security relevant information in the 

6 commonly accessible security clearance databases of 

7 the Federal Government, but without taking any ac8 tion to suspend or revoke that clearance holder’s se9 curity clearance, the Department of Defense compo10 nent considering the transfer of a clearance shall 

11 promptly make a request to receive the security rel12 evant information from the agency or department in 

13 possession of such information. 

14 (2) FAILURE TO SHARE.—In a case in which an 

15 agency or department of the Federal Government re16 ceives a request to share security relevant informa17 tion about a clearance holder pursuant to paragraph 

18 (1) but fails to do so within 30 days of the date on 

19 which the request is made, such failure shall trigger 

20 procedural and substantive due process rights, estab21 lished for the purposes of carrying out this section, 

22 for the clearance holder to challenge the security rel23 evant information as if the information were the 

24 equivalent of a suspension, denial, or revocation of 

25 the underlying clearance. 
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1 (f) PROTECTIONS.—Members of the Armed Forces 

2 and civilian employees of the Department of Defense may 

3 not be suspended without pay because a security clearance 

4 is suspended or revoked prior to the conclusion of any ap5 peal process to enable such members and employee to sup6 port themselves during an appeal process and to support 

7 themselves without resigning from Government employ8 ment and thereby losing standing to appeal the suspension 

9 or revocation of access to classified information. 

10 (g) EFFECTIVE DATE; APPLICABILITY.— 

11 (1) EFFECTIVE DATE.—This section shall take 

12 effect on the earlier of— 

13 (A) the date on which the General Counsel 

14 of the Department of Defense certifies to the 

15 Committee on Armed Services of the Senate 

16 and the Committee on Armed Services of the 

17 House of Representatives that the Defense Of18 fice of Hearings and Appeals is prepared for 

19 the provisions of this section to take effect; or 

20 (B) September 30, 2024. 

21 (2) APPLICABILITY.—This section shall apply 

22 to revocations of eligibility to access classified infor23 mation or sensitive compartmented information that 

24 occur on or after the date on which this section 

25 takes effect pursuant to paragraph (1). 
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1 (h) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to diminish or otherwise affect the 

3 authority of the head of a component of the Department 

4 to suspend access to classified information or a special ac5 cess program, including sensitive compartmented informa6 tion, in exigent circumstances, should the head determine 

7 that continued access of a covered individual is incon8 sistent with protecting the national security of the United 

9 States. 

10 SEC. 1044. ASSISTANCE IN SUPPORT OF DEPARTMENT OF 

11 DEFENSE ACCOUNTING FOR MISSING UNITED 

12 STATES GOVERNMENT PERSONNEL. 

13 (a) IN GENERAL.—Section 408 of title 10, United 

14 States Code, is amended— 

15 (1) in the section heading, by striking ‘‘Equip16 ment and training of foreign personnel to 

17 assist in’’ and inserting ‘‘Assistance in sup18 port of’’; 

19 (2) in subsection (b), by adding at the end the 

20 following new paragraph: 

21 ‘‘(5) Funds.’’; 

22 (3) by striking subsections (d) and (f); 

23 (4) by redesignating subsection (e) as sub24 section (d); and 
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1 (5) by adding at the end the following new sub2 section: 

3 ‘‘(e) ANNUAL REPORT.—Not later than December 31 

4 of each year, the Secretary of Defense shall submit to the 

5 congressional defense committees a report on the assist6 ance provided under this section during the preceding fis7 cal year.’’. 

8 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

9 sections at the beginning of chapter 20 of title 10, United 

10 States Code, is amended by striking the item relating to 

11 section 408 and inserting the following new item: 

‘‘408. Assistance in support of Department of Defense accounting for missing 

United States Government personnel.’’. 

12 SEC. 1045. IMPLEMENTATION OF ARRANGEMENTS TO 

13 BUILD TRANSPARENCY, CONFIDENCE, AND 

14 SECURITY. 

15 Section 2241 of title 10, United States Code, is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(d) IMPLEMENTATION OF VIENNA DOCUMENT

19 2011.—Amounts appropriated for operation and mainte20 nance may be used by the Secretary of Defense for travel, 

21 transportation, and subsistence expenses for meetings and 

22 demonstrations hosted by the Department of Defense for 

23 the implementation of the Vienna Document 2011 on Con24 fidence and Security-Building Measures.’’. 
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1 SEC. 1046. ACCESS TO AND USE OF MILITARY POST OF2 FICES BY UNITED STATES CITIZENS EM3 PLOYED OVERSEAS BY THE NORTH ATLANTIC 

4 TREATY ORGANIZATION WHO PERFORM 

5 FUNCTIONS IN SUPPORT OF MILITARY OPER6 ATIONS OF THE ARMED FORCES. 

7 (a) REQUIREMENT TO AUTHORIZE USE OF POST OF8 FICE.—Section 406 of title 39, United States Code, is 

9 amended by striking ‘‘may authorize the use’’ and insert10 ing ‘‘shall authorize the use’’. 

11 (b) BRIEFING REQUIREMENT.—Not later than 

12 March 1, 2024, the Secretary of Defense shall brief the 

13 Committees on Armed Services of the Senate and House 

14 of Representatives on the revision of the Financial Man15 agement Regulation to authorize individuals under sub16 paragraph (A) of section 406(c)(1) of title 39, United 

17 States Code, as amended by subsection (a), to utilize the 

18 authority provided under such subparagraph. If there is 

19 a determination that this authority is not feasible for a 

20 legal or financial reason, the Secretary shall include the 

21 background for those determinations in the briefing. 
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1 SEC. 1047. REMOVAL OF TIME LIMITATIONS OF TEM2 PORARY PROTECTION AND AUTHORIZATION 

3 OF REIMBURSEMENT FOR SECURITY SERV4 ICES AND EQUIPMENT FOR FORMER OR RE5 TIRED DEPARTMENT OF DEFENSE PER6 SONNEL. 

7 (a) REMOVAL OF TIME LIMITATIONS.—Section 

8 714(b) of title 10, United States Code, is amended— 

9 (1) by redesignating paragraph (6) as para10 graph (7); 

11 (2) in paragraph (5)— 

12 (A) by redesignating subparagraph (C) as 

13 paragraph (6) and moving such paragraph, as 

14 so redesignated, two ems to the left; and 

15 (B) by striking ‘‘DURATION OF PROTEC16 TION.—’’ and all that follows through the pe17 riod at the end of subparagraph (B) and insert18 ing ‘‘DURATION OF PROTECTION.—The Sec19 retary of Defense shall require periodic reviews, 

20 not less than once every six months, of the du21 ration of protection provided to individuals 

22 under this subsection.’’; 

23 (3) in subparagraph (A) of paragraph (7), as 

24 redesignated by paragraph (1) of this subsection, by 

25 striking ‘‘and of each determination under para-
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1 graph (5)(B) to extend such protection and secu2 rity’’. 

3 (b) AUTHORIZATION OF REIMBURSEMENT OR ACQUI4 SITION OF SECURITY SERVICES.—Section 714 of title 10, 

5 United States Code, is further amended by adding at the 

6 end the following new subsection: 

7 ‘‘(e) REIMBURSEMENT.—The Secretary of Defense 

8 may reimburse a former or retired official who faces seri9 ous and credible threats arising from duties performed 

10 while employed by the Department for security services 

11 and equipment procured at the personal expense of the 

12 official, not to exceed an aggregate of $15,000,000 in any 

13 fiscal year for all former and retired officials authorized 

14 by the Secretary of Defense for such reimbursement.’’. 

15 SEC. 1048. ANNUAL DEFENSE POW/MIA ACCOUNTING AGEN16 CY (DPAA) CAPABILITIES REQUIRED TO EX17 PAND ACCOUNTING FOR PERSONS MISSING 

18 FROM DESIGNATED PAST CONFLICTS. 

19 (a) IN GENERAL.—Not later than March 1, 2024, 

20 and annually thereafter, the Defense POW/MIA Account21 ing Agency (DPAA) shall post on a publicly available 

22 internet website a list of capabilities required to expand 

23 accounting for persons missing from designated past con24 flicts and provide a briefing to Congress on those capabili25 ties. 
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1 (b) AUTHORITY TO ENTER INTO AGREEMENTS.— 

2 The Defense POW/MIA Accounting Agency may enter 

3 into agreements with universities or research organiza4 tions to provide additional capabilities for specialized mis5 sions or research requirements. 

6 SEC. 1049. ACCESS TO COMMISSARY AND EXCHANGE PRIVI7 LEGES FOR REMARRIED SPOUSES. 

8 (a) BENEFITS.—Section 1062 of title 10, United 

9 States Code, is amended— 

10 (1) by striking ‘‘The Secretary of Defense’’ and 

11 inserting the following: 

12 ‘‘(a) CERTAIN UNREMARRIED FORMER SPOUSES.— 

13 The Secretary of Defense’’; 

14 (2) by striking ‘‘commissary and exchange 

15 privileges’’ and inserting ‘‘use commissary stores 

16 and MWR retail facilities’’; 

17 (3) by adding at the end the following new sub18 section: 

19 ‘‘(b) CERTAIN REMARRIED SURVIVING SPOUSES.— 

20 The Secretary of Defense shall prescribe such regulations 

21 as may be necessary to provide that a surviving spouse 

22 of a deceased member of the armed forces, regardless of 

23 the marital status of the surviving spouse, is entitled to 

24 use commissary stores and MWR retail facilities to the 

25 same extent and on the same basis as an unremarried sur-
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1 viving spouse of a member of the uniformed services.’’; 

2 and 

3 (4) by adding at the end the following new sub4 section: 

5 ‘‘(c) MWR RETAIL FACILITIES DEFINED.—In this 

6 section, the term ‘MWR retail facilities’ has the meaning 

7 given that term in section 1063(e) of this title.’’. 

8 (b) CLERICAL AMENDMENTS.— 

9 (1) SECTION HEADING.—The heading of section 

10 1062 of title 10, United States Code, is amended to 

11 read as follows: 

12 ‘‘§ 1062. Certain former spouses and surviving 

13 spouses’’. 

14 (2) TABLE OF SECTIONS.—The table of sections 

15 at the beginning of chapter 54 of title 10, United 

16 States Code, is amended by striking the item relat17 ing to section 1062 and inserting the following new 

18 item: 

‘‘1062. Certain former spouses and surviving spouses.’’. 

19 (c) REGULATIONS.—The Secretary of Defense shall 

20 publish the regulations required under section 1062(b) of 

21 title 10, United States Code, as added by subsection 

22 (a)(3), by not later than October 1, 2025. 
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1 Subtitle F—Studies and Reports 

2 SEC. 1051. ANNUAL REPORT AND BRIEFING ON IMPLEMEN3 TATION OF FORCE DESIGN 2030. 

4 (a) IN GENERAL.—Not later than March 31, 2024, 

5 and annually thereafter through March 31, 2030, the 

6 Commandant of the Marine Corps shall submit to the con7 gressional defense committees a report detailing the pro8 grammatic choices made to implement Force Design 2030, 

9 including both new developmental and fielded capabilities, 

10 as well as capabilities and capacity divested to accelerate 

11 implementation of Force Design 2030. 

12 (b) BRIEFING REQUIREMENT.—Not later than Sep13 tember 30, 2024, and annually thereafter through Sep14 tember 30, 2030, the Commandant of the Marine Corps 

15 shall provide a briefing on the elements described under 

16 subsection (c). 

17 (c) ELEMENTS.—The report required under sub18 section (a) and briefing required under subsection (b) shall 

19 include the following elements: 

20 (1) An assessment of changes in the National 

21 Defense Strategy, Defense Planning Guidance, Joint 

22 Warfighting Concept (and associated Concept Re23 quired Capabilities), and other planning processes 

24 that informed Force Design 2030. 
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1 (2) An inventory and assessment of Force De2 sign-related exercises and experimentation beginning 

3 in fiscal year 2020, including which capabilities were 

4 involved and the extent to which such exercises and 

5 experiments validated or militated against proposed 

6 capability investments. 

7 (3) An inventory of divestments of capability or 

8 capacity, whether force structure or equipment, 

9 starting in fiscal year 2020, including— 

10 (A) a timeline of the progress of each di11 vestment; 

12 (B) the type of force structure or equip13 ment divested or reduced; 

14 (C) the percentage of force structure or 

15 equipment divested or reduced, including any 

16 equipment entered into inventory management 

17 or another form of storage; 

18 (D) the rationale and context behind such 

19 divestment; 

20 (E) an identification of whether such di21 vestment affects the Marine Corps’ ability to 

22 meet the requirements of Global Force Manage23 ment process and the operational plans, includ24 ing an explanation of how the Marine Corps 

25 plans to mitigate the loss of such capability or 
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1 capacity if the divestment affects the Marine 

2 Corps’ ability to meet the requirements of the 

3 Global Force Management process and the 

4 operational plans, including through new invest5 ments, additional joint planning and training, 

6 or other methods; and 

7 (F) an assessment of the Marine Corps’ re8 cruitment and retention actual and projected 

9 percentages starting in fiscal year 2020. 

10 (4) An inventory of extant or planned invest11 ments as a part of Force Design 2030, 

12 disaggregated by integrated air and missile defense, 

13 littoral mobility and maneuver, sea denial, and re14 connaissance and counter-reconnaissance forces, in15 cluding— 

16 (A) capability name; 

17 (B) capability purpose and context; 

18 (C) capability being replaced (or not appli19 cable); 

20 (D) date of initial operational capability; 

21 (E) date of full operational capability; 

22 (F) deliveries of units by year; and 

23 (G) approved acquisition objective or simi24 lar inventory objective. 
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1 (5) A description of the amphibious warfare 

2 ship and maritime mobility requirements the Marine 

3 Corps submitted to the Department of the Navy in 

4 support of the Marine Corps organization and con5 cepts under Force Design 2030 and its statutory re6 quirements, including a detailed statement of the 

7 planning assumptions about readiness of amphibious 

8 warfare ships and maritime mobility platforms that 

9 were used in developing the requirements. 

10 (6) An assessment of how the capability invest11 ments described in paragraph (4) contribute to joint 

12 force efficacy in new ways, including through sup13 port of other military services. 

14 (7) An assessment of the ability of the Marine 

15 Corps to generate required force elements for the 

16 Immediate Ready Force and the Contingency Ready 

17 Force over the previous two fiscal years and the ex18 pected ability to generate forces for the next two fis19 cal years. 

20 (8) An assessment of Marine Corps force struc21 ture and the readiness of Marine Expeditionary 

22 Units compared to availability of amphibious ships 

23 comprising an Amphibious Ready Group over the 

24 previous two fiscal years and the expected avail25 ability for the next two fiscal years. 
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1 (9) An assessment by the Marine Corps of its 

2 compliance with the statutory organization pre3 scribed in section 8063 of title 10, United States 

4 Code, that ‘‘[t]he Marine Corps, within the Depart5 ment of the Navy, shall be so organized as to include 

6 not less than three combat divisions and three air 

7 wings, and such other land combat, aviation, and 

8 other services as may be organic therein’’. 

9 (10) An assessment by the Marine Corps of its 

10 compliance with the statutory functions prescribed 

11 in section 8063 of title 10, United States Code, that 

12 ‘‘[t]he Marine Corps shall be organized, trained, and 

13 equipped to provide fleet marine forces of combined 

14 arms, together with supporting air components, for 

15 service with the fleet in the seizure or defense of ad16 vanced naval bases and for the conduct of such land 

17 operations as may be essential to the prosecution of 

18 a naval campaign’’. 

19 SEC. 1052. PLAN FOR CONVERSION OF JOINT TASK FORCE 

20 NORTH INTO JOINT INTERAGENCY TASK 

21 FORCE NORTH. 

22 (a) IN GENERAL.—Not later than 90 days after the 

23 date of the enactment of this Act, the Secretary of De24 fense, in consultation with the head of any relevant Fed25 eral department or agency and acting through the Under 
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1 Secretary of Defense for Policy, shall submit to the con2 gressional defense committees a plan for converting the 

3 Joint Task Force North of the United States Northern 

4 Command into a joint interagency task force to be known 

5 as the ‘‘Joint Interagency Task Force North’’. 

6 (b) ELEMENTS.—The plan required by subsection (a) 

7 shall include the following: 

8 (1) A description of the mission of the Joint 

9 Interagency Task Force North. 

10 (2) A detailed description of the resources of 

11 the Department of Defense, including personnel, fa12 cilities, and operating costs, necessary to convert the 

13 Joint Task Force North into a joint interagency 

14 task force. 

15 (3) An identification of— 

16 (A) each relevant department and agency 

17 of the United States Government the participa18 tion in the Joint Interagency Task Force North 

19 of which is necessary in order to enable the 

20 Joint Interagency Task Force North to effec21 tively carry out its mission; and 

22 (B) the interagency arrangements nec23 essary to ensure effective participation by each 

24 such department and agency. 
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1 (4) An identification of each international liai2 son necessary for the Joint Interagency Task Force 

3 North to effectively carry out its mission. 

4 (5) A description of the bilateral and multilat5 eral agreements with foreign partners and regional 

6 and international organizations that would support 

7 the implementation of the mission of the Joint Inter8 agency Task Force North. 

9 (6) A description of the relationship between 

10 the Joint Interagency Task Force North and the 

11 Joint Interagency Task Force South of the United 

12 States Southern Command. 

13 (7) A description of the relationship between 

14 the Joint Interagency Task Force North and the rel15 evant security forces of the Government of Mexico 

16 and the Government of the Bahamas. 

17 (8) A recommendation on whether the Joint 

18 Interagency Task Force North should be an endur19 ing entity and a discussion of the circumstances 

20 under which the mission of the Joint Interagency 

21 Task Force North would transition to one or more 

22 entities within the United States Government other 

23 than the United States Northern Command. 
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1 (9) Any recommendations for additional legal 

2 authority needed for the Joint Interagency Task 

3 Force North to effectively carry out its mission. 

4 (c) FORM.—The plan required by subsection (a) shall 

5 be submitted in unclassified form but may include a classi6 fied annex. 

7 (d) INTERIM BRIEFING.—Not later than 60 days 

8 after the date of the enactment of this Act, the Secretary 

9 shall provide a briefing to the congressional defense com10 mittees on progress made in developing the plan required 

11 by subsection (a). 

12 SEC. 1053. REPORT ON USE OF TACTICAL FIGHTER AIR13 CRAFT AND BOMBER AIRCRAFT FOR DEPLOY14 MENTS AND HOMELAND DEFENSE MISSIONS. 

15 (a) IN GENERAL.—Not later than May 1, 2024, the 

16 Secretary of Defense shall submit to the congressional de17 fense committees a report including the results of a study 

18 on the use of tactical fighter aircraft and bomber aircraft 

19 for deployments and homeland defense missions. 

20 (b) SCOPE.—The study conducted pursuant to sub21 section (a) shall— 

22 (1) review both deployment and exercise re23 quirements for tactical fighter aircraft and bomber 

24 aircraft levied by each geographic combatant com25 mand; 
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1 (2) assess deployable forces currently available 

2 to fulfill each of those requirements, and whether 

3 those forces are adequate to meet the global require4 ments; 

5 (3) review any relevant tactical fighter forces or 

6 bomber forces that are not considered deployable or 

7 available to meet combatant command requirements, 

8 and consider whether that status can or should 

9 change; 

10 (4) assess whether adequate consideration has 

11 been put into fighter coverage of the homeland dur12 ing these deployments, in particular within the Alas13 ka Area of Responsibility and the Hawaii Area of 

14 Responsibility; and 

15 (5) assess Air Force and Navy active duty, Air 

16 National Guard, and reserve land-based tactical 

17 fighter units that could be considered for inclusion 

18 into homeland defense mission requirements. 

19 SEC. 1054. MODIFICATIONS OF REPORTING REQUIRE20 MENTS. 

21 (a) CONSOLIDATED BUDGET QUARTERLY REPORT

22 ON USE OF FUNDS.—Section 381(b) of title 10, United 

23 States Code, is amended— 
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1 (1) in the subsection heading, by striking 

2 ‘‘QUARTERLY REPORT’’ and inserting ‘‘SEMIANNUAL

3 REPORT’’; 

4 (2) by striking ‘‘calendar quarter’’ and insert5 ing ‘‘calendar half’’; and 

6 (3) by striking ‘‘such calendar quarter’’ and in7 serting ‘‘such calendar half’’. 

8 (b) MONTHLY COUNTERTERRORISM OPERATIONS

9 BRIEFING.— 

10 (1) IN GENERAL.—Section 485 of title 10, 

11 United States Code, is amended— 

12 (A) in the section heading, by striking 

13 ‘‘Monthly’’ and inserting ‘‘Quarterly’’; and 

14 (B) in subsection (a), by striking ‘‘month15 ly’’ and inserting ‘‘quarterly’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 23 of such title is 

18 amended by striking the item relating to section 485 

19 and inserting the following new item: 

‘‘485. Quarterly counterterrorism operations briefings.’’. 

20 (c) NATIONAL SECURITY STRATEGY FOR THE NA21 TIONAL TECHNOLOGY AND INDUSTRIAL BASE.—Section 

22 4811(a) of title 10, United States Code, is amended by 

23 striking ‘‘The Secretary shall submit such strategy to Con24 gress not later than 180 days after the date of submission 

25 of the national security strategy report required under sec-
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1 tion 108 of the National Security Act of 1947 (50 U.S.C. 

2 3043).’’ and inserting ‘‘The Secretary shall submit such 

3 strategy to Congress as an integrated part of the report 

4 submitted under section 4814 of this title.’’. 

5 (d) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE

6 REPORT AND QUARTERLY BRIEFING.— 

7 (1) IN GENERAL.—Section 4814 of title 10, 

8 United States Code, is amended— 

9 (A) by amending the section heading to 

10 read as follows: 

11 ‘‘§ 4814. National Technology and Industrial Base: bi12 ennial report’’; 

13 (B) by striking ‘‘(a) ANNUAL REPORT.—’’; 

14 (C) by striking ‘‘March 1 of each year’’ 

15 and inserting ‘‘March 1 of each odd-numbered 

16 year’’; and 

17 (D) by striking subsection (b). 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 382 of such title 

20 is amended by striking the item relating to section 

21 4814 and inserting the following: 

‘‘4814. National Technology and Industrial Base: biennial report.’’. 

22 (3) CONFORMING AMENDMENT.—Section 

23 858(b)(2) of the James M. Inhofe National Defense 

24 Authorization Act for Fiscal Year 2023 (Public Law 

25 117–263) is amended by striking subparagraph (A). 
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1 (e) ANNUAL MILITARY CYBERSPACE OPERATIONS

2 REPORT.—Section 1644 of the National Defense Author3 ization Act for Fiscal Year 2020 (10 U.S.C. 394 note; 

4 Public Law 116–92) is amended— 

5 (1) in subsection (a) in the matter preceding 

6 paragraph (1) in the first sentence— 

7 (A) by inserting ‘‘effects’’ after ‘‘all named 

8 military cyberspace’’; and 

9 (B) by striking ‘‘, operations, cyber effects 

10 enabling operations, and cyber operations con11 ducted as defensive operations’’ and inserting 

12 ‘‘conducted for either offensive or defensive pur13 poses’’; and 

14 (2) in subsection (c), by inserting ‘‘or cyber ef15 fects operations for which Congress has otherwise 

16 been provided notice’’ before the period. 

17 (f) INDEPENDENT STUDIES REGARDING POTENTIAL

18 COST SAVINGS WITH RESPECT TO THE NUCLEAR SECU19 RITY ENTERPRISE AND FORCE STRUCTURE.—Section 

20 1753 of the National Defense Authorization Act for Fiscal 

21 Year 2020 (Public Law 116–92, 133 Stat. 1852) is hereby 

22 repealed. 

23 (g) EXTENSION AND MODIFICATION OF AUTHORITY

24 TO PROVIDE ASSISTANCE TO THE VETTED SYRIAN OPPO25 SITION.—Section 1231(d) of the John S. McCain National 
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1 Defense Authorization Act for Fiscal Year 2019 (Public 

2 Law 115–232) is amended— 

3 (1) in the subsection heading, by striking 

4 ‘‘QUARTERLY’’ and inserting ‘‘SEMIANNUAL’’; and 

5 (2) in paragraph (1)— 

6 (A) in the matter preceding subparagraph 

7 (A), by striking ‘‘quarterly’’ and inserting 

8 ‘‘semiannual’’; and 

9 (B) in subparagraph (A), by striking ‘‘90- 

10 day’’ and inserting ‘‘180-day’’. 

11 (h) EXTENSION OF AUTHORITY TO PROVIDE ASSIST12 ANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND

13 SYRIA.—Section 1233(e) of the John S. McCain National 

14 Defense Authorization Act for Fiscal Year 2019 (Public 

15 Law 115–232) is amended— 

16 (1) in the heading, by striking ‘‘QUARTERLY’’ 

17 and inserting ‘‘SEMIANNUAL’’; and 

18 (2) in paragraph (1) in the second sentence of 

19 the matter preceding subparagraph (A), by striking 

20 ‘‘quarterly’’ and inserting ‘‘semiannual’’. 

21 (i) THEFT, LOSS, OR RELEASE OF BIOLOGICAL SE22 LECT AGENTS OR TOXINS INVOLVING DEPARTMENT OF

23 DEFENSE.—Section 1067(a) of the National Defense Au24 thorization Act for Fiscal Year 2017 (Public Law 114– 

25 328; 50 U.S.C. 1528(a)) is amended to read as follows: 
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1 ‘‘(a) NOTIFICATION.—(1) Subject to paragraph (2), 

2 not later than 45 days after a covered report of any theft, 

3 loss, or release of a biological select agent or toxin involv4 ing the Department of Defense is filed with the Centers 

5 for Disease Control and Prevention or the Animal and 

6 Plant Health Inspection Service, the Secretary of Defense, 

7 acting through the Assistant Secretary of Defense for Nu8 clear, Chemical, and Biological Defense Programs, shall 

9 provide to the congressional defense committees notice of 

10 such theft, loss, or release. 

11 ‘‘(2) The Secretary shall provide to the congressional 

12 defense committees notice of a release under paragraph 

13 (1) only if the Secretary, acting through the Assistant Sec14 retary, determines that the release is outside the barriers 

15 of secondary containment into the ambient air or environ16 ment or is causing occupational exposure that presents a 

17 threat to public safety. 

18 ‘‘(3) In this subsection, the term ‘covered report’ 

19 means a report filed under any of the following (or any 

20 successor regulations): 

21 ‘‘(A) Section 331.19 of title 7, Code of Federal 

22 Regulations. 

23 ‘‘(B) Section 121.19 of title 9, Code of Federal 

24 Regulations. 
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1 ‘‘(C) Section 73.19 of title 42, Code of Federal 

2 Regulations.’’. 

3 (j) DEPARTMENT OF DEFENSE SECURITY COOPERA4 TION WORKFORCE DEVELOPMENT.—Section 1250(b) of 

5 the National Defense Authorization Act for Fiscal Year 

6 2017 (Public Law 114–328; 130 Stat. 2529) is amend7 ed— 

8 (1) in paragraph (1), by striking ‘‘each year’’ 

9 and inserting ‘‘every other year’’; and 

10 (2) in paragraph (2) in the matter preceding 

11 subparagraph (A), by striking ‘‘for the fiscal year’’ 

12 and inserting ‘‘for the fiscal years’’. 

13 (k) AUDIT OF DEPARTMENT OF DEFENSE FINAN14 CIAL STATEMENTS.—Section 240a of title 10, United 

15 States Code, is amended— 

16 (1) by striking ‘‘(A) ANNUAL AUDIT RE17 QUIRED.—’’; and 

18 (2) by striking subsection (b). 

19 (l) FINANCIAL IMPROVEMENT AND AUDIT REMEDI20 ATION PLAN.—Section 240b(b) of title 10, United States 

21 Code, is amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (A), by striking 

24 ‘‘June 30, 2019, and annually thereafter’’ and 

25 inserting ‘‘July 31 each year’’; 
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1 (B) in subparagraph (B)— 

2 (i) by striking clauses (vii) through 

3 (x); and 

4 (ii) by redesignating clauses (xi), (xii), 

5 and (xiii) as clauses (vii), (viii), and (ix), 

6 respectively; and 

7 (C) by striking subparagraph (C); and 

8 (2) in paragraph (2)— 

9 (A) in subparagraph (A)— 

10 (i) by striking ‘‘June 30’’ and insert11 ing ‘‘July 31’’; and 

12 (ii) by striking the second sentence; 

13 and 

14 (B) in subparagraph (b)— 

15 (i) by striking ‘‘June 30’’ and insert16 ing ‘‘July 31’’; and 

17 (ii) by striking the second sentence. 

18 (m) ANNUAL REPORTS ON FUNDING.—Section 

19 1009(c) of the National Defense Authorization Act for 

20 Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 240b 

21 note) is amended by striking ‘‘five days’’ and inserting ‘‘10 

22 days’’. 
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1 SEC. 1055. REPORT ON EQUIPPING CERTAIN GROUND COM2 BAT UNITS WITH SMALL UNMANNED AERIAL 

3 SYSTEMS. 

4 (a) REPORT REQUIRED.—Not later than one year 

5 after the date of the enactment of this Act, the Secretary 

6 of Defense shall, in consultation with the Secretaries of 

7 the military departments, submit to the congressional de8 fense committees a report on equipping platoon-sized 

9 ground combat formations with covered small unmanned 

10 aerial systems. 

11 (b) ELEMENTS.—The report submitted pursuant to 

12 subsection (a) shall address the following: 

13 (1) The use of covered small unmanned aerial 

14 systems in the Ukraine conflict and best practices 

15 learned. 

16 (2) The potential use of covered small un17 manned aerial systems to augment small unit tactics 

18 and lethality in the ground combat forces. 

19 (3) Procurement challenges, legal restrictions, 

20 training shortfalls, operational limitations, or other 

21 impediments to fielding covered small unmanned 

22 aerial systems at the platoon level. 

23 (4) A plan to equip platoon-sized ground com24 bat formations in the close combat force with cov25 ered small unmanned aerial systems at a basis of 
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1 issue deemed appropriate by the relevant secretary, 

2 including a proposed timeline and fielding strategy. 

3 (5) A plan to equip such other ground combat 

4 units with covered small unmanned aerial systems as 

5 deemed appropriate by the relevant secretaries. 

6 (6) An assessment of appropriate mission allo7 cation between Group 3 unmanned aerial systems, 

8 Group 1 unmanned aerial systems, and covered 

9 small unmanned aerial systems. 

10 (c) DEFINITION OF COVERED SMALL UNMANNED

11 AERIAL SYSTEM.—In this section, the term ‘‘covered 

12 small unmanned aerial system’’ means a lightweight, low13 cost, and commercially available unmanned aerial system 

14 or drone able to be quickly deployed for— 

15 (1) intelligence, surveillance, target acquisition, 

16 and reconnaissance; 

17 (2) conducting offensive strikes; or 

18 (3) other functions as deemed appropriate by 

19 the relevant secretaries. 

20 SEC. 1056. COMPREHENSIVE ASSESSMENT OF MARINE 

21 CORPS FORCE DESIGN 2030. 

22 (a) IN GENERAL.—Not later than 90 days after the 

23 date of the enactment of this Act, the Secretary of Defense 

24 shall enter into a contract with a Federally Funded Re25 search and Development Center to conduct an inde-
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1 pendent review, assessment, and analysis of the Marine 

2 Corps modernization initiatives. The required report shall 

3 be submitted to the congressional defense committees in 

4 written report form not later than one year after entering 

5 into the contract. 

6 (b) ELEMENTS.—The report required under sub7 section (a) shall include the following elements: 

8 (1) An assessment of changes in the National 

9 Defense Strategy, Defense Planning Guidance, the 

10 Joint Warfighting Concept, and other strategic doc11 uments and concepts that informed Force Design 

12 modernization requirements. 

13 (2) An assessment of how the Marine Corps, 

14 consistent with authorized end strength, can be 

15 structured, organized, trained, equipped, and pos16 tured to meet the challenges of future competition, 

17 crisis, and conflict to include discussion of multiple 

18 structural options as relevant and the tradeoffs be19 tween different options. 

20 (3) An assessment of the ability of the defense 

21 innovation base and defense industrial base to de22 velop and produce the technologies required to im23 plement the Marine Corps’ published Force Design 

24 modernization plan on a timeline and at production 

25 rates sufficient to sustain military operations. 
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1 (4) An assessment of forward infrastructure 

2 and the extent to which installations are 

3 operationalized to deter, compete, and prevail during 

4 conflict in support of the Marine Corps moderniza5 tion. 

6 (5) An assessment of whether the Marine Corps 

7 is in compliance with the statutory organization and 

8 functions prescribed in section 8063 of title 10, 

9 United States Code. 

10 (6) An assessment of the current retention and 

11 recruiting environment and the ability of the Marine 

12 Corps to sustain manpower requirements necessary 

13 for operational requirements levied by title 10, in 

14 light of the published Force Design plan. 

15 (7) The extent to which the modernization ini16 tiatives within the Marine Corps are nested within 

17 applicable joint warfighting concepts. 

18 (8) An assessment of whether the Marine 

19 Corps’ modernization is consistent with the strategy 

20 of integrated deterrence. 

21 (9) An assessment of the ability of the Marine 

22 Corps to generate required force elements for the 

23 Immediate Ready Force and the Contingency Ready 

24 Force, based on current and planned end strength 

25 and structure. 
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1 (10) The extent to which the Marine Corps’ 

2 published plan for modernized capabilities can be in3 tegrated across the Joint Force, to include 

4 warfighting concepts at the combatant command 

5 level. 

6 (11) The extent to which the Marine Corps’ 

7 modernization efforts currently meet the require8 ments of combatant commanders’ current plans and 

9 global force management operations, to include a de10 scription of what mechanisms exist to ensure geo11 graphic combatant requirements inform Marine 

12 Corps modernization efforts. 

13 (12) The extent to which modeling and simula14 tion, experimentation, wargaming, and other analytic 

15 methods support the changes incorporated into the 

16 Marine Corps’ modernization initiatives, to include 

17 underlying assumptions and outcomes of such anal18 yses. 

19 (13) An inventory of extant or planned invest20 ments as part of the Marine Corps’ modernization 

21 efforts, disaggregated by the following capability 

22 areas and including actual or projected dates of Ini23 tial Operational Capability and Full Operational Ca24 pability: 

25 (A) Command and Control. 
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1 (B) Information. 

2 (C) Intelligence. 

3 (D) Fires. 

4 (E) Movement and Maneuver. 

5 (F) Protection. 

6 (G) Sustainment. 

7 (14) An inventory of divestments of capability 

8 or capacity, whether force structure or equipment, 

9 starting in fiscal year 2020, including— 

10 (A) a timeline of the progress of each di11 vestment; 

12 (B) the type of force structure or equip13 ment divested or reduced; 

14 (C) the percentage of force structure of 

15 equipment divested or reduced, including any 

16 equipment entered into inventory management 

17 or other form of storage; 

18 (D) the rationale and context behind such 

19 divestment; and 

20 (E) an identification of whether such di21 vestment affects the Marine Corps’ ability to 

22 meet the requirements of Global Force Manage23 ment process and the operational plans. 

24 (15) An assessment of how observations regard25 ing the invasion and defense of Ukraine affect the 
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1 feasibility, advisability, and suitability of the Marine 

2 Corps’ published modernization plans. 

3 (c) CLASSIFICATION OF REPORT.—The report re4 quired under subsection (a) shall be submitted in unclassi5 fied form, but may include a classified appendix to the 

6 extent required to ensure that the report is accurate and 

7 complete. 

8 SEC. 1057. STRATEGY TO ACHIEVE CRITICAL MINERAL SUP9 PLY CHAIN INDEPENDENCE FOR THE DE10 PARTMENT OF DEFENSE. 

11 (a) STRATEGY REQUIRED.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, the 

14 Under Secretary of Defense for Acquisition and 

15 Sustainment shall submit to the appropriate commit16 tees of Congress a strategy to develop supply chains 

17 for the Department of Defense that are not depend18 ent on mining or processing of critical minerals in 

19 or by covered countries, prioritizing production and 

20 processing in the United States, in order to achieve 

21 critical mineral supply chain independence from cov22 ered countries for the Department by 2035. 

23 (2) ELEMENTS.—The strategy required by 

24 paragraph (1) shall— 
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1 (A) identify and assess significant 

2 vulnerabilities in the supply chains of contrac3 tors and subcontractors of the Department of 

4 Defense involving critical minerals that are 

5 mined or processed in or by covered countries; 

6 (B) identify and recommend changes to 

7 the acquisition laws, regulations, and policies of 

8 the Department of Defense to ensure contrac9 tors and subcontractors of the Department use 

10 supply chains involving critical minerals that 

11 are not mined or processed in or by covered 

12 countries to the greatest extent practicable, 

13 prioritizing production and processing in the 

14 United States; 

15 (C) evaluate the utility and desirability of 

16 using authorities provided by the Defense Pro17 duction Act of 1950 (50 U.S.C. 4501 et seq.) 

18 to expand supply chains and processing capac19 ity for critical minerals in the United States; 

20 (D) evaluate the utility and desirability of 

21 expanding authorities provided by the Defense 

22 Production Act of 1950 to be used to expand 

23 supply chains and processing capacity for crit24 ical minerals by countries that are allies or 

25 partners of the United States; 
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1 (E) evaluate the utility and desirability of 

2 leveraging the process for acquiring shortfall 

3 materials for the National Defense Stockpile 

4 under the Strategic and Critical Materials 

5 Stock Piling Act (50 U.S.C. 98 et seq.) to ex6 pand supply chains and processing capacity for 

7 critical minerals in the United States and in 

8 countries that are allies or partners of the 

9 United States; 

10 (F) identify areas of potential engagement 

11 and partnership with the governments of coun12 tries that are allies or partners of the United 

13 States to jointly reduce dependence on critical 

14 minerals mined or processed in or by covered 

15 countries; 

16 (G) identify and recommend other policy 

17 changes that may be needed to achieve critical 

18 mineral supply chain independence from cov19 ered countries for the Department; 

20 (H) identify and recommend measures to 

21 streamline authorities and policies with respect 

22 to critical minerals and supply chains for crit23 ical minerals; and 

24 (I) prioritize the recommendations made in 

25 the strategy to achieve critical mineral supply 
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1 chain independence from covered countries for 

2 the Department, prioritizing production and 

3 processing in the United States, and taking into 

4 consideration economic costs and varying de5 grees of vulnerability posed to the national se6 curity of the United States by reliance on dif7 ferent types of critical minerals. 

8 (3) FORM OF STRATEGY.—The strategy re9 quired by paragraph (1) shall be submitted in classi10 fied form but shall include an unclassified summary. 

11 (b) DEFINITIONS.—In this section: 

12 (1) APPROPRIATE COMMITTEES OF CON13 GRESS.—The term ‘‘appropriate committees of Con14 gress’’ means— 

15 (A) the Committee on Armed Services of 

16 the Senate; and 

17 (B) the Committee on Armed Services of 

18 the House of Representatives. 

19 (2) COVERED COUNTRY.—The term ‘‘covered 

20 country’’ means— 

21 (A) a covered nation, as defined in section 

22 4872, title 10, United States Code; and 

23 (B) any other country determined by the 

24 Secretary of Defense to be a geostrategic com-
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1 petitor or adversary of the United States for 

2 purposes of this Act. 

3 (3) CRITICAL MINERAL.—The term ‘‘critical 

4 mineral’’ means a critical mineral (as defined in sec5 tion 7002(a) of the Energy Act of 2020 (30 U.S.C. 

6 1606(a))) that the Secretary of Defense determines 

7 to be important to the national security of the 

8 United States for purposes of this Act. 

9 (4) SHORTFALL MATERIAL.—The term ‘‘short10 fall material’’ means materials determined to be in 

11 shortfall in the most recent report on stockpile re12 quirements submitted to Congress under subsection 

13 (a) of section 14 of the Strategic and Critical Mate14 rials Stock Piling Act (50 U.S.C. 98h–5) and in15 cluded in the most recent briefing required by sub16 section (f) of that section. 

17 SEC. 1058. QUARTERLY BRIEFING ON HOMELAND DEFENSE 

18 PLANNING. 

19 (a) IN GENERAL.—Not later than February 1, 2024, 

20 and every 90 days thereafter through February 1, 2026, 

21 the Secretary of Defense shall provide a briefing to the 

22 congressional defense committees on efforts to bolster 

23 homeland defense, which is the top priority under the 

24 2022 National Defense Strategy. 
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1 (b) CONTENTS.—Each briefing required by sub2 section (a) shall include the following: 

3 (1) A summary of any update made to the 

4 homeland defense planning guidance of the Depart5 ment of Defense during the preceding quarter. 

6 (2) An update on the latest threats to the 

7 homeland posed by the Government of the People’s 

8 Republic of China, the Government of the Russian 

9 Federation, the Government of the Democratic Peo10 ple’s Republic of Korea, the Government of Iran, 

11 and any other adversary. 

12 (3) A description of actions taken by the De13 partment during the preceding quarter to mitigate 

14 such threats. 

15 (4) An assessment of threats to the homeland 

16 in the event of a conflict with any adversary referred 

17 to in paragraph (2). 

18 (5) A description of actions taken by the De19 partment during the preceding quarter to bolster 

20 homeland defense in the event of such a conflict. 

21 (6) An update on coordination by the Depart22 ment with Federal, State, and Tribal agencies to 

23 bolster homeland defense. 

24 (7) Any other matter the Secretary considers 

25 relevant. 
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1 SEC. 1059. SPECIAL OPERATIONS FORCE STRUCTURE. 

2 (a) SENSE OF SENATE.—It is the sense of the Senate 

3 that— 

4 (1) special operations forces have a vital and in5 creasing role to play in strategic competition in addi6 tion to conducting counterterrorism operations and 

7 responding to crises; 

8 (2) the demand for special operations forces 

9 and related capabilities by combatant commanders 

10 continues to exceed supply; 

11 (3) special operations forces cannot be mass 

12 produced during a crisis; 

13 (4) most special operations require non-special 

14 operations forces support, including engineers, tech15 nicians, intelligence analysts, and logisticians; 

16 (5) reductions to special operations forces, in17 cluding critical enablers, would dramatically and 

18 negatively impact available options for combatant 

19 commanders to engage in strategic competition, 

20 carry out counterterrorism operations, and respond 

21 to crises; and 

22 (6) the Secretary of Defense should not con23 sider any reductions to special operations force 

24 structure until after the completion of a comprehen25 sive analysis of special operations force structure 

26 and a determination that any planned changes would 
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1 not have a negative impact on the ability of combat2 ant commanders to support strategic competition, 

3 counter terrorism, and respond to crises. 

4 (b) REPORT.—Not later than March 1, 2024, the 

5 Secretary of Defense shall submit to the congressional de6 fense committees a report assessing the optimal force 

7 structure for special operations forces that includes the 

8 following elements: 

9 (1) A description of the role of special oper10 ations forces in implementing the most recent na11 tional defense strategy under section 113(g) of title 

12 10, United States Code. 

13 (2) A description of ongoing special operations 

14 activities, as described in section 167(k) of title 10, 

15 United States Code. 

16 (3) An assessment of potential future national 

17 security threats to the United States across the 

18 spectrum of competition and conflict. 

19 (4) A description of ongoing counterterrorism 

20 and contingency operations of the United States. 

21 (5) A detailed accounting of the demand for 

22 special operations forces by geographic combatant 

23 command. 

24 (6) A description of the role of emerging tech25 nology on special operations forces. 
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1 (7) An assessment of current and projected ca2 pabilities of other United States Armed Forces that 

3 could affect force structure capability and capacity 

4 requirements of special operations forces. 

5 (8) An assessment of the size, composition, and 

6 organizational structure of the military services’ spe7 cial operations command headquarters and subordi8 nate headquarters elements. 

9 (9) An assessment of the readiness of special 

10 operations forces for assigned missions and future 

11 conflicts. 

12 (10) An assessment of the adequacy of special 

13 operations force structure for meeting the goals of 

14 the National Military Strategy under section 153(b) 

15 of title 10, United States Code. 

16 (11) A description of the role of special oper17 ations forces in supporting the Joint Concept for 

18 Competing. 

19 (12) Any other matters deemed relevant by the 

20 Secretary. 
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1 SEC. 1060. BRIEFING ON COMMERCIAL TOOLS EMPLOYED 

2 BY THE DEPARTMENT OF DEFENSE TO AS3 SESS FOREIGN OWNERSHIP, CONTROL, OR IN4 FLUENCE. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary of Defense 

7 shall submit to the congressional defense committees a re8 port on countering industrial espionage. 

9 (b) ELEMENTS.—The request required under sub10 section (a) shall include the following elements: 

11 (1) A description of commercial and organically 

12 developed tools employed by the Department of De13 fense to— 

14 (A) assess the risks of foreign malign own15 ership, control, or influence within the defense 

16 industrial base; 

17 (B) mitigate vulnerability associated with, 

18 but no limited to, the People’s Republic of Chi19 na’s, the Russian Federation’s, Iran’s, or North 

20 Korea’s foreign ownership, control, or influence 

21 of any part of the acquisition supply chain; and 

22 (C) vet program personnel to identify tech23 nologies and program components most at risk 

24 for industrial espionage. 
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1 (2) A description of specific commercial solu2 tions the Department is currently leveraging to as3 sess and mitigate these risks. 

4 SEC. 1061. PLAN ON COUNTERING HUMAN TRAFFICKING. 

5 (a) PLAN.—Not later than 120 days after the date 

6 of enactment of this Act, the Secretary of Defense shall 

7 submit a plan to the congressional defense committees for 

8 coordinating with defense partners in North America and 

9 South America and supporting interagency departments 

10 and agencies, as appropriate, in countering human traf11 ficking operations, including human trafficking by 

12 transnational criminal organizations. 

13 (b) ELEMENTS OF PLAN.—The plan under sub14 section (a) shall include— 

15 (1) a description of the threat to United States 

16 security from human trafficking operations; 

17 (2) a description of the authorities of the De18 partment of Defense for the purposes specified in 

19 subsection (a); 

20 (3) a description of any current or proposed 

21 Department of Defense programs or activities to co22 ordinate with defense partners or provide support to 

23 interagency departments and agencies as described 

24 in subsection (a); and 
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1 (4) any recommendations of the Secretary of 

2 Defense for additional authorities for the purposes 

3 of countering human trafficking, including by 

4 transnational criminal organizations. 

5 (c) BRIEFING.—Not later than 180 days after the 

6 submission of the plan required under subsection (a), the 

7 Secretary of Defense shall brief the congressional defense 

8 committees regarding the authorities, programs, and ac9 tivities of the Department of Defense to counter human 

10 trafficking operations. 

11 SEC. 1062. BRIEFING AND REPORT ON USE AND EFFECTIVE12 NESS OF UNITED STATES NAVAL STATION, 

13 GUANTANAMO BAY, CUBA. 

14 (a) IN GENERAL.—Not later than April 30, 2024, the 

15 Secretary of Defense shall provide to the Committee on 

16 Armed Services of the Senate and the Committee on 

17 Armed Services of the House of Representatives a briefing 

18 and report on whether United States Naval Station, Guan19 tanamo Bay, Cuba, is being used effectively to defend the 

20 national security interests of the United States. 

21 (b) ELEMENTS.—The briefing and report required by 

22 subsection (a) shall— 

23 (1) consider— 

24 (A) the presence and activities in Cuba of 

25 the militaries of foreign governments, such as 
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1 the Russian Federation and the People’s Re2 public of China; and 

3 (B) to what extent the presence and activi4 ties of those militaries could compromise the 

5 national security of the United States or of 

6 United States allies and partners; and 

7 (2) discuss— 

8 (A) options for dealing with the presence 

9 and activities of those militaries in Cuba; and 

10 (B) how different use by the United States 

11 of United States Naval Station, Guantanamo 

12 Bay, might mitigate risk. 

13 SEC. 1063. ENSURING RELIABLE SUPPLY OF CRITICAL MIN14 ERALS. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) the People’s Republic of China’s dominant 

18 share of the global minerals market is a threat to 

19 the economic stability, well being, and competitive20 ness of key industries in the United States; 

21 (2) the United States should reduce reliance on 

22 the People’s Republic of China for critical minerals 

23 through— 
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1 (A) strategic investments in development 

2 projects, production technologies, and refining 

3 facilities in the United States; and 

4 (B) in partnership with strategic allies of 

5 the United States that are reliable trading part6 ners, including members of the Quadrilateral 

7 Security Dialogue; and 

8 (3) the United States Trade Representative 

9 should initiate multilateral talks among the coun10 tries of the Quadrilateral Security Dialogue to pro11 mote shared investment and development of critical 

12 minerals. 

13 (b) REPORT REQUIRED.— 

14 (1) IN GENERAL.—Not later than 120 days 

15 after the date of the enactment of this Act, the 

16 United States Trade Representative, in consultation 

17 with the officials specified in paragraph (3), shall 

18 submit to the appropriate congressional committees 

19 a report on the work of the Trade Representative to 

20 address the national security threat posed by the 

People’s Republic of China’s control of nearly 2 21 ⁄3 of 

22 the global supply of critical minerals. 

23 (2) ELEMENTS.—The report required by para24 graph (1) shall include— 
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1 (A) a description of the extent of the en2 gagement of the United States with the other 

3 countries of the Quadrilateral Security Dialogue 

4 to promote shared investment and development 

5 of critical minerals during the period beginning 

6 on the date of the enactment of this Act and 

7 ending on the date of the report; and 

8 (B) a description of the plans of the Presi9 dent to leverage the partnership of the coun10 tries of the Quadrilateral Security Dialogue to 

11 produce a more reliable and secure global sup12 ply chain of critical minerals. 

13 (3) OFFICIALS SPECIFIED.—The officials speci14 fied in this paragraph are the following: 

15 (A) The Secretary of Commerce. 

16 (B) The Chief Executive Officer of the 

17 United States International Development Fi18 nance Corporation. 

19 (C) The Secretary of Energy. 

20 (D) The Director of the United States Ge21 ological Survey. 

22 (4) APPROPRIATE CONGRESSIONAL COMMIT23 TEES DEFINED.—In this subsection, the term ‘‘ap24 propriate congressional committees’’ means— 
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1 (A) the Committee on Finance and the 

2 Committee on Energy and Natural Resources of 

3 the Senate; and 

4 (B) the Committee on Ways and Means 

5 and the Committee on Energy and Commerce 

6 of the House of Representatives. 

7 Subtitle G—Other Matters 

8 SEC. 1071. MATTERS RELATED TO IRREGULAR WARFARE. 

9 (a) AFFIRMING THE AUTHORITY OF THE SECRETARY

10 OF DEFENSE TO CONDUCT IRREGULAR WARFARE.—Con11 gress affirms that the Secretary of Defense is authorized 

12 to conduct irregular warfare operations, including clandes13 tine irregular warfare operations, to defend the United 

14 States, allies of the United States, and interests of the 

15 United States. 

16 (b) DEFINITION REQUIRED.—Not later than 90 days 

17 after the date of the enactment of this Act, the Secretary 

18 of Defense shall, for the purposes of joint doctrine, define 

19 the term ‘‘irregular warfare’’. 

20 (c) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to constitute a specific statutory 

22 authorization for any of the following: 

23 (1) The conduct of a covert action, as such 

24 term is defined in section 503(e) of the National Se25 curity Act of 1947 (50 U.S.C. 3093(e)). 
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1 (2) The introduction of United States Armed 

2 Forces, within the meaning of the War Powers Reso3 lution (Public Law 93–148; 50 U.S.C. 1541 et seq.), 

4 into hostilities or into situations wherein hostilities 

5 are clearly indicated by the circumstances. 

6 SEC. 1072. JOINT CONCEPT FOR COMPETING IMPLEMENTA7 TION UPDATES. 

8 (a) IMPLEMENTATION UPDATE AND BRIEFINGS RE9 QUIRED.—Not later than March 1, 2024, and every 180 

10 days thereafter through March 1, 2026, the Chairman of 

11 the Joint Chiefs of Staff shall provide the congressional 

12 defense committees with a written update with accom13 panying briefing on the implementation of the Joint Con14 cept for Competing, released on February 10, 2023. 

15 (b) ELEMENTS.—At a minimum, the written updates 

16 and briefings required by subsection (a) shall include— 

17 (1) a detailed description of the Joint Staff’s 

18 efforts to develop integrated competitive strategies to 

19 address the challenges posed by specific adversaries, 

20 including those designed to— 

21 (A) deter aggression; 

22 (B) prepare for armed conflict, if nec23 essary; 

24 (C) counter the competitive strategies of 

25 adversaries; and 
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1 (D) support the efforts of interagency, al2 lies and foreign partners, and interorganiza3 tional partners; 

4 (2) an identification of relevant updates to joint 

5 doctrine and professional military education; 

6 (3) an update on the Joint Concept for 

7 Competing’s concept required capabilities; 

8 (4) an explanation of the integration of the 

9 Joint Concept for Competing with other ongoing and 

10 future joint force development and design efforts; 

11 (5) a description of efforts to operationalize the 

12 Joint Concept for Competing through a structured 

13 approach, including to provide strategic guidance 

14 and direction, identify and optimize Joint Force 

15 interdependencies with interagency and allied part16 ners, and inform and guide joint force development 

17 and design processes; 

18 (6) an articulation of concept-required capabili19 ties that are necessary for joint force development 

20 and design in support of the Joint Concept for Com21 peting; 

22 (7) a description of efforts to coordinate and 

23 synchronize Department of Defense activities with 

24 those of other interagency and foreign partners for 

25 the purpose of integrated campaigning; 
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1 (8) an identification of any recommendations to 

2 better integrate the role of the Joint Force, as iden3 tified by the Joint Concept for Competing, with na4 tional security efforts of other interagency and for5 eign partners; 

6 (9) an identification of any changes to authori7 ties and resources necessary to fully implement the 

8 Joint Concept for Competing; and 

9 (10) a description of any other matters deemed 

10 relevant by the Chairman of the Joint Chiefs of 

11 Staff. 

12 SEC. 1073. LIMITATION ON CERTAIN FUNDING UNTIL SUB13 MISSION OF THE CHAIRMAN’S RISK ASSESS14 MENT AND BRIEFING REQUIREMENT. 

15 (a) OFFICE OF THE CHAIRMAN OF THE JOINT

16 CHIEFS OF STAFF.—Of the amounts authorized to be ap17 propriated by this Act for fiscal year 2024 for operation 

18 and maintenance, Defense-wide, and available for the Of19 fice of the Chairman of the Joint Chiefs of Staff, not more 

20 than 50 percent may be obligated or expended until the 

21 date that is 15 days after the date on which the following 

22 reports are submitted to the Committees on Armed Serv23 ices of the Senate and the House of Representatives: 

24 (1) The 2021 risk assessment mandated by 

25 paragraph (2) of subsection (b) of section 153 of 
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1 title 10, United States Code, and required to be de2 livered pursuant to paragraph (3) of such subsection 

3 by not later than February 15, 2021. 

4 (2) The 2023 risk assessment mandated by 

5 paragraph (2) of subsection (b) of section 153 of 

6 title 10, United States Code, and required to be de7 livered pursuant to paragraph (3) of such subsection 

8 by not later than February 15, 2023. 

9 (b) OFFICE OF THE SECRETARY OF DEFENSE.—Of 

10 the amounts authorized to be appropriated by this Act for 

11 fiscal year 2024 for operation and maintenance, Defense12 wide, and available for the Office of the Secretary of De13 fense, not more than 50 percent may be obligated or ex14 pended until the date that is 15 days after the date on 

15 which the Secretary submits to the Committees on Armed 

16 Services of the Senate and the House of Representatives: 

17 (1) The risk mitigation plan required to be sub18 mitted as part of the assessment described under 

19 subsection (a)(1), if applicable. 

20 (2) The risk mitigation plan required to be sub21 mitted as part of the assessment described under 

22 subsection (a)(2), if applicable. 

23 (c) BRIEFING REQUIREMENT.—Section 153 of title 

24 10, United States Code, is amended by adding at the end 

25 the following new subsection: 
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1 ‘‘(d) BRIEFING REQUIREMENT.—(1) Not later than 

2 15 days after the submission of the risk assessment re3 quired under subsection (b)(2) or March 1 of each year, 

4 whichever is earlier, the Chairman shall provide to the 

5 Committees on Armed Services of the Senate and the 

6 House of Representatives a briefing on the activities of 

7 the Chairman under this section. 

8 ‘‘(2) The briefing shall include— 

9 ‘‘(A) a detailed review of the risk assessment 

10 required under paragraph (2) of subsection (b), in11 cluding how it addresses the elements required in 

12 subparagraph (B) of such paragraph; 

13 ‘‘(B) an analysis of how the risk assessment in14 forms, and supports, other Joint Staff assessments, 

15 including joint capability development assessments, 

16 joint force development assessments, comprehensive 

17 joint readiness assessments, and global military inte18 gration assessments; and 

19 ‘‘(C) if the risk assessment is not delivered at 

20 the time of the briefing, a timeline for when the risk 

21 assessment will be submitted to the Committees on 

22 Armed Services of the Senate and the House of Rep23 resentatives.’’. 
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1 SEC. 1074. NOTIFICATION OF SAFETY AND SECURITY CON2 CERNS AT CERTAIN DEPARTMENT OF DE3 FENSE LABORATORIES. 

4 (a) IN GENERAL.—The Secretary of Defense shall 

5 notify the congressional defense committees within 7 days 

6 after ceasing operations at any Department of Defense 

7 laboratory or facility rated at biosafety level (BSL)–3 or 

8 higher for safety or security reasons. 

9 (b) CONTENT.—The notification required under sub10 section (a) shall include— 

11 (1) the reason why operations have ceased at 

12 the laboratory or facility; 

13 (2) whether appropriate notification to other 

14 Federal agencies has occurred; 

15 (3) a description of the actions taken to deter16 mine the root cause of the cessation; and 

17 (4) a description of the actions taken to restore 

18 operations at the laboratory or facility. 

19 SEC. 1075. ASSESSMENT AND RECOMMENDATIONS RELAT20 ING TO INFRASTRUCTURE, CAPACITY, RE21 SOURCES, AND PERSONNEL IN GUAM. 

22 (a) ASSESSMENT.—The Secretary of Defense, in co23 ordination with the Commander of United States Indo24 Pacific Command, shall assess the capacity of existing in25 frastructure, resources, and personnel available in Guam 

26 to meet Indo-Pacific Command strategic objectives. 
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1 (b) ELEMENTS.—The assessment under subsection 

2 (a) shall include the following elements: 

3 (1) An appraisal of the potential role Guam 

4 could play as a key logistics and operational hub for 

5 the United States military in the Indo-Pacific re6 gion. 

7 (2) An assessment of whether current infra8 structure, capacity, resources, and personnel in 

9 Guam is sufficient to meet the expected demands 

10 during relevant operations and contingency sce11 narios. 

12 (3) An assessment of the adequacy of civilian 

13 infrastructure in Guam for supporting the require14 ments of United States Indo-Pacific Command, in15 cluding the resilience of such infrastructure in the 

16 event of a natural disaster and the vulnerability of 

17 such infrastructure to cyber threats. 

18 (4) Recommendations to improve current infra19 structure, capacity, resources, and personnel in 

20 Guam, to include the need for recruiting and reten21 tion programs, such as cost-of-living adjustments, 

22 initiatives for dealing with any shortages of civilian 

23 employees, and programs to improve quality-of-life 

24 for personnel assigned to Guam. 
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1 (5) An assessment of the implementation of 

2 Joint Task Force Micronesia, including the Com3 mander’s assessment of requirements for funding, 

4 resources, and personnel as compared to what has 

5 been programmed in the fiscal year 2024 Future 

6 Years Defense Program. 

7 (6) Timeline and estimated costs by location 

8 and project to support both existing and future roles 

9 in the region. 

10 (7) Any other matters determined relevant by 

11 the Secretary. 

12 (c) REPORT.—Not later than March 1, 2024, the 

13 Secretary of Defense shall submit to the congressional de14 fense committees a report including the results of the as15 sessment required under subsection (a). 

16 SEC. 1076. PROGRAM AND PROCESSES RELATING TO FOR17 EIGN ACQUISITION. 

18 (a) PILOT PROGRAM FOR COMBATANT COMMAND

19 USE OF DEFENSE ACQUISITION WORKFORCE DEVELOP20 MENT ACCOUNT.—Each geographic combatant command 

21 may use amounts from the Defense Acquisition Workforce 

22 Development Account established under section 1705 of 

23 title 10, United States Code, to hire not more than two 

24 acquisition specialists or contracting officers to advise the 

25 combatant command on foreign arms transfer processes, 
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1 including the foreign military sales and direct commercial 

2 sales processes, for the purpose of facilitating the effective 

3 implementation of such processes. 

4 (b) INDUSTRY DAY.— 

5 (1) IN GENERAL.—Not later than March 1, 

6 2024, and not less frequently than annually there7 after, the Secretary of Defense shall conduct an in8 dustry day— 

9 (A) to raise awareness and understanding 

10 among officials of foreign governments, em11 bassy personnel, and industry representatives 

12 with respect to the role of the Department of 

13 Defense in implementing the foreign military 

14 sales and direct commercial sales processes; and 

15 (B) to raise awareness— 

16 (i) within the United States private 

17 sector with respect to— 

18 (I) foreign demand for United 

19 States weapon systems; and 

20 (II) potential foreign industry 

21 partnering opportunities; and 

22 (ii) among officials of foreign govern23 ments and embassy personal with respect 

24 to potential United States material solu25 tions for capability needs. 
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1 (2) FORMAT.—In conducting each industry day 

2 under paragraph (1), the Secretary of Defense, to 

3 the extent practicable, shall seek to maximize par4 ticipation by representatives of the commercial de5 fense industry and government officials while mini6 mizing cost, by— 

7 (A) convening the industry day at the un8 classified security level; 

9 (B) making the industry day publicly ac10 cessible through teleconference or other virtual 

11 means; and 

12 (C) disseminating any supporting materials 

13 by posting the materials on a publicly accessible 

14 internet website. 

15 (c) SENIOR-LEVEL INDUSTRY ADVISORY GROUP.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, the Sec18 retary of Defense, in coordination with representa19 tives of the commercial defense industry, shall estab20 lish a senior-level industry advisory group, modeled 

21 on the Defense Trade Advisory Group of the De22 partment of State and the Industry Trade Advisory 

23 Committees of the Department of Commerce, for the 

24 purpose of focusing on the role of the Department 

25 of Defense in the foreign military sales process. 
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1 (2) BRIEFING.—Not later than 90 days after 

2 the date of the enactment of this Act, the Secretary 

3 of Defense shall provide a briefing to the Commit4 tees on Armed Services of the Senate and the House 

5 of Representatives on plans to establish the group 

6 described in paragraph (1). 

7 (d) DEPARTMENT OF DEFENSE POINTS OF CONTACT

8 FOR FOREIGN MILITARY SALES.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of the enactment of this Act, the Under 

11 Secretary of Defense for Acquisition and 

12 Sustainment and the Secretary of each military de13 partment shall each establish a single point of con14 tact— 

15 (A) to coordinate information and outreach 

16 on Department of Defense implementation of 

17 the foreign military sales process; and 

18 (B) to respond to inquiries from represent19 atives of the commercial defense industry and 

20 partner countries. 

21 (2) POINTS OF CONTACT.—The Under Sec22 retary of Defense for Acquisition and Sustainment 

23 and the Secretary of each military department shall 

24 each ensure that the contact information for the cor-
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1 responding point of contact established under para2 graph (1) is— 

3 (A) publicized at each industry day con4 ducted under subsection (b); and 

5 (B) disseminated among the members of 

6 the advisory group established under subsection 

7 (f). 

8 (e) COMBATANT COMMAND NEEDS FOR

9 EXPORTABILITY.—Not later than July 1 each year until 

10 2030, the commander of each geographic combatant com11 mand shall provide to the Under Secretary of Defense for 

12 Acquisition and Sustainment a list of systems relating to 

13 research and development or sustainment that would ben14 efit from investment for exportability features in support 

15 of the security cooperation objectives of the commander. 

16 (f) SUNSET.—This section shall cease to have effect 

17 on December 31, 2028. 

18 SEC. 1077. TECHNICAL AND CONFORMING AMENDMENTS 

19 RELATED TO THE SPACE FORCE. 

20 (a) APPOINTMENT OF CHAIRMAN; GRADE AND

21 RANK.—Section 152(c) of title 10, United States Code, 

22 is amended by striking ‘‘or, in the case of an officer of 

23 the Space Force, the equivalent grade,’’. 

24 (b) JOINT REQUIREMENTS OVERSIGHT COUNCIL.— 

25 Section 181(c)(1)(F) of such title is amended by striking 
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1 ‘‘in the grade equivalent to the grade of general in the 

2 Army, Air Force, or Marine Corps, or admiral in the 

3 Navy’’ and inserting ‘‘in the grade of general’’. 

4 (c) ORIGINAL APPOINTMENTS OF COMMISSIONED

5 OFFICERS.—Section 531(a) of such title is amended— 

6 (1) in paragraph (1), by striking ‘‘and Regular 

7 Marine Corps in the grades of ensign, lieutenant 

8 (junior grade), and lieutenant in the Regular Navy, 

9 and in the equivalent grades in the Regular Space 

10 Force’’ and inserting ‘‘Regular Marine Corps, and 

11 Regular Space Force, and in the grades of ensign, 

12 lieutenant (junior grade), and lieutenant in the Reg13 ular Navy’’; and 

14 (2) in paragraph (2), by striking ‘‘and Regular 

15 Marine Corps in the grades of lieutenant com16 mander, commander, and captain in the Regular 

17 Navy, and in the equivalent grades in the Regular 

18 Space Force’’ and inserting ‘‘Regular Marine Corps, 

19 and Regular Space Force, and in the grades of lieu20 tenant commander, commander, and captain in the 

21 Regular Navy’’. 

22 (d) SERVICE CREDIT UPON ORIGINAL APPOINTMENT

23 AS A COMMISSIONED OFFICER.—Section 533(b)(2) of 

24 such title is amended— 
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1 (1) by striking ‘‘, or Marine Corps, captain in 

2 the Navy, or an equivalent grade in the Space 

3 Force’’ and inserting ‘‘Marine Corps, or Space Force 

4 or captain in the Navy’’. 

5 (e) POSITIONS OF IMPORTANCE AND RESPONSI6 BILITY.—Section 601(e) of such title is amended— 

7 (1) by striking ‘‘or Marine Corps’’ and inserting 

8 ‘‘Marine Corps, or Space Force, or’’; and 

9 (2) by striking ‘‘or the commensurate grades in 

10 the Space Force,’’. 

11 (f) CONVENING OF SELECTION BOARDS.—Section 

12 611(a) of such title is amended by striking ‘‘or Marine 

13 Corps’’ and inserting ‘‘Marine Corps, or Space Force’’. 

14 (g) INFORMATION FURNISHED TO SELECTION

15 BOARDS.—Section 615(a)(3) of such title is amended— 

16 (1) in subparagraph (B)(i), by striking ‘‘, in the 

17 case of the Navy, lieutenant, or in the case of the 

18 Space Force, the equivalent grade’’ and inserting 

19 ‘‘or, in the case of the Navy, lieutenant’’; and 

20 (2) in subparagraph (D), by striking ‘‘in the 

21 case of the Navy, rear admiral, or, in the case of the 

22 Space Force, the equivalent grade’’ and inserting 

23 ‘‘or, in the case of the Navy, rear admiral’’. 

24 (h) SPECIAL SELECTION REVIEW BOARDS.—Section 

25 628a(a)(1)(A) of such title is amended by striking ‘‘, rear 
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1 admiral in the Navy, or an equivalent grade in the Space 

2 Force’’ and inserting ‘‘or rear admiral in the Navy’’. 

3 (i) RANK: COMMISSIONED OFFICERS OF THE ARMED

4 FORCES.—Section 741(a) of such title is amended in the 

5 table by striking ‘‘and Marine Corps’’ and inserting ‘‘Ma6 rine Corps, and Space Force’’. 

7 (j) REGULAR COMMISSIONED OFFICERS.—Section 

8 1370 of such title is amended— 

9 (1) in subsection (a)(2), by striking ‘‘rear admi10 ral in the Navy, or the equivalent grade in the Space 

11 Force’’ both places it appears and inserting ‘‘or rear 

12 admiral in the Navy’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A), by striking ‘‘or Marine Corps, 

17 lieutenant in the Navy, or the equivalent 

18 grade in the Space Force’’ and inserting 

19 ‘‘Marine Corps, or Space Force, or lieuten20 ant in the Navy’’; and 

21 (ii) in subparagraph (B), by striking 

22 ‘‘or Marine Corps, rear admiral in the 

23 Navy, or an equivalent grade in the Space 

24 Force’’ and inserting ‘‘Marine Corps, or 

25 Space Force, or rear admiral in the Navy’’; 
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1 (B) in paragraph (4), by striking ‘‘or Ma2 rine Corps, captain in the Navy, or the equiva3 lent grade in the Space Force’’ and inserting 

4 ‘‘Marine Corps, or Space Force, or captain in 

5 the Navy’’; 

6 (C) in paragraph (5)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘or Marine Corps, lieutenant commander 

9 in the Navy, or the equivalent grade in the 

10 Space Force’’ and inserting ‘‘Marine 

11 Corps, or Space Force, or lieutenant com12 mander in the Navy’’; 

13 (ii) in subparagraph (B), by striking 

14 ‘‘or Marine Corps, commander or captain 

15 in the Navy, or an equivalent grade in the 

16 Space Force’’ and inserting ‘‘Marine 

17 Corps, or Space Force, or commander or 

18 captain in the Navy’’; and 

19 (iii) in subparagraph (C), by striking 

20 ‘‘or Marine Corps, rear admiral (lower 

21 half) or rear admiral in the Navy’’ and in22 serting ‘‘Marine Corps, or Space Corps, or 

23 rear admiral (lower half) or rear admiral 

24 in the Navy’’; and 
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1 (D) in paragraph (6), by striking ‘‘, or an 

2 equivalent grade in the Space Force,’’; 

3 (3) in subsection (c)(1), by striking ‘‘or Marine 

4 Corps, vice admiral or admiral in the Navy, or an 

5 equivalent grade in the Space Force’’ and inserting 

6 ‘‘Marine Corps, or Space Force, or vice admiral or 

7 admiral in the Navy’’; 

8 (4) in subsection (d)— 

9 (A) in paragraph (1), by striking ‘‘or Ma10 rine Corps, rear admiral in the Navy, or an 

11 equivalent grade in the Space Force’’ and in12 serting ‘‘Marine Corps, or Space Force, or rear 

13 admiral in the Navy’’; and 

14 (B) in paragraph (3), by striking ‘‘or Ma15 rine Corps, captain in the Navy, or the equiva16 lent grade in the Space Force’’ and inserting 

17 ‘‘Marine Corps, or Space Force, or captain in 

18 the Navy’’; 

19 (5) in subsection (e)(2), by striking ‘‘or Marine 

20 Corps, vice admiral or admiral in the Navy, or an 

21 equivalent grade in the Space Force’’ and inserting 

22 ‘‘Marine Corps, or Space Force, or vice admiral or 

23 admiral in the Navy’’; 

24 (6) in subsection (f)— 

25 (A) in paragraph (3)— 
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1 (i) in subparagraph (A), by striking 

2 ‘‘or Marine Corps, rear admiral in the 

3 Navy, or the equivalent grade in the Space 

4 Force’’ and inserting ‘‘Marine Corps, or 

5 Space Force, or rear admiral in the Navy’’; 

6 and 

7 (ii) in subparagraph (B), by striking 

8 ‘‘or Marine Corps, vice admiral or admiral 

9 in the Navy, or an equivalent grade in the 

10 Space Force’’ and inserting ‘‘Marine 

11 Corps, or Space Force, or vice admiral or 

12 admiral in the Navy’’; and 

13 (B) in paragraph (6)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘or Marine Corps, rear admiral in the 

16 Navy, or the equivalent grade in the Space 

17 Force’’ and inserting ‘‘, Marine Corps, or 

18 Space Force, or rear admiral in the Navy’’; 

19 and 

20 (ii) in subparagraph (B), by striking 

21 ‘‘or Marine Corps, vice admiral or admiral 

22 in the Navy, or an equivalent grade in the 

23 Space Force’’ and inserting ‘‘Marine 

24 Corps, or Space Force, or vice admiral or 

25 admiral in the Navy’’; and 
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1 (7) in subsection (g), by striking ‘‘or Marine 

2 Corps, rear admiral in the Navy, or an equivalent 

3 grade in the Space Force’’ and inserting ‘‘Marine 

4 Corps, or Space Force, or rear admiral in the 

5 Navy’’. 

6 (k) OFFICERS ENTITLED TO RETIRED PAY FOR

7 NON-REGULAR SERVICE.—Section 1370a of such title is 

8 amended— 

9 (1) in subsection (d)(1), by striking ‘‘or Marine 

10 Corps’’ both places it appears and inserting ‘‘Marine 

11 Corps, or Space Force’’; and 

12 (2) in subsection (h), by striking ‘‘or Marine 

13 Corps’’ and inserting ‘‘Marine Corps, or Space 

14 Force’’. 

15 (l) RETIRED BASE PAY.—Section 1406(i)(3)(B)(v) of 

16 such title is amended by striking ‘‘The senior enlisted ad17 visor of the Space Force’’ and inserting ‘‘Chief Master 

18 Sergeant of the Space Force’’. 

19 (m) FINANCIAL ASSISTANCE PROGRAM FOR SPE20 CIALLY SELECTED MEMBERS.—Section 2107 of such title 

21 is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘, as a’’ and inserting ‘‘or 

24 as a’’; and 
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1 (B) by striking ‘‘or Marine Corps, or as an 

2 officer in the equivalent grade in the Space 

3 Force’’ and inserting ‘‘Marine Corps, or Space 

4 Force’’; and 

5 (2) in subsection (d), by striking ‘‘lieutenant, 

6 ensign, or an equivalent grade in the Space Force,’’ 

7 and inserting ‘‘lieutenant or ensign,’’. 

8 (n) DESIGNATION OF SPACE SYSTEMS COMMAND AS

9 A FIELD COMMAND OF THE UNITED STATES SPACE

10 FORCE.—Section 9016(b)(6)(B)(iv)(II) of title 10, United 

11 States Code, is amended by striking ‘‘Space and Missile 

12 Systems Center’’ and inserting ‘‘Space Systems Com13 mand’’. 

14 (o) CHIEF OF SPACE OPERATIONS.—Section 9082 of 

15 such title is amended— 

16 (1) in subsection (a), by striking ‘‘, flag, or 

17 equivalent’’ both places it appears; and 

18 (2) in subsection (b), by striking ‘‘grade in the 

19 Space Force equivalent to the grade of general in 

20 the Army, Air Force, and Marine Corps, or admiral 

21 in the Navy’’ and inserting ‘‘grade of general’’. 

22 (p) DISTINGUISHED FLYING CROSS.—Section 

23 9279(a) of such title is amended– 

24 (1) by adding ‘‘or Space Force’’ after ‘‘Air 

25 Force’’; and 
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1 (2) by adding ‘‘or space’’ after ‘‘aerial’’. 

2 (q) AIRMAN’S MEDAL.—Section 9280(a)(1) of such 

3 title is amended by adding ‘‘or Space Force’’ after ‘‘Air 

4 Force’’. 

5 (r) RETIRED GRADE OF COMMISSIONED OFFI6 CERS.—Section 9341 of such title is amended— 

7 (1) in subsection (a)(2), by striking ‘‘or the 

8 Space Force’’; and 

9 (2) in subsection (b), by striking ‘‘or Reserve’’. 

10 (s) UNITED STATES AIR FORCE INSTITUTE OF

11 TECHNOLOGY: ADMINISTRATION.—Section 

12 9414b(a)(2)(B) of such title is amended by striking ‘‘or 

13 the equivalent grade in the Space Force’’. 

14 (t) AIR FORCE ACADEMY PERMANENT PROFESSORS; 

15 DIRECTOR OF ADMISSIONS.—Section 9436 of such title 

16 is amended— 

17 (1) in subsection (a)— 

18 (A) in the first sentence, by striking ‘‘in 

19 the Air Force or the equivalent grade in the 

20 Space Force’’; 

21 (B) in the second sentence— 

22 (i) by inserting ‘‘or Regular Space 

23 Force’’ after ‘‘Regular Air Force’’; and 

24 (ii) by striking ‘‘and a permanent pro25 fessor appointed from the Regular Space 
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1 Force has the grade equivalent to the 

2 grade of colonel in the Regular Air Force’’; 

3 and 

4 (C) in the third sentence, by striking ‘‘in 

5 the Air Force or the equivalent grade in the 

6 Space Force’’; and 

7 (2) in subsection (b)— 

8 (A) in the first sentence, by striking ‘‘in 

9 the Air Force or the equivalent grade in the 

10 Space Force’’ both places it appears; and 

11 (B) in the second sentence— 

12 (i) by inserting ‘‘or Regular Space 

13 Force’’ after ‘‘Regular Air Force’’; and 

14 (ii) by striking ‘‘and a permanent pro15 fessor appointed from the Regular Space 

16 Force has the grade equivalent to the 

17 grade of colonel in the Regular Air Force’’. 

18 (u) CADETS: DEGREE AND COMMISSION ON GRADUA19 TION.—Section 9453(b) of such title is amended by strik20 ing ‘‘in the equivalent grade in’’. 

21 (v) BASIC PAY RATES FOR ENLISTED MEMBERS.— 

22 Footnote 2 of the table titled ‘‘ENLISTED MEMBERS’’ 

23 in section 601(c) of the John Warner National Defense 

24 Authorization Act for Fiscal Year 2007 (Public Law 109– 

25 364; 37 U.S.C. 1009 note) is amended by striking ‘‘the 
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1 senior enlisted advisor of the Space Force’’ and inserting 

2 ‘‘Chief Master Sergeant of the Space Force’’. 

3 (w) PAY OF SENIOR ENLISTED MEMBERS.—Section 

4 210(c)(5) of title 37, United States Code, is amended by 

5 striking ‘‘the senior enlisted advisor of the Space Force’’ 

6 and inserting ‘‘the Chief Master Sergeant of the Space 

7 Force’’. 

8 (x) PERSONAL MONEY ALLOWANCE.—Section 414(b) 

9 of title 37, United States Code, is amended by striking 

10 ‘‘the senior enlisted advisor of the Space Force’’ and in11 serting ‘‘the Chief Master Sergeant of the Space Force’’. 

12 SEC. 1078. AUTHORITY TO ESTABLISH COMMERCIAL INTE13 GRATION CELLS WITHIN CERTAIN COMBAT14 ANT COMMANDS. 

15 (a) IN GENERAL.—The Commander of the United 

16 States Africa Command, the Commander of the United 

17 States European Command, the Commander of the United 

18 States Indo-Pacific Command, the Commander of the 

19 United States Northern Command, and the Commander 

20 of the United States Southern Command may each estab21 lish— 

22 (1) a commercial integration cell within their 

23 respective combatant command for the purpose of 

24 closely integrating public and private entities with 
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1 capabilities relevant to the area of operation of such 

2 combatant command; and 

3 (2) a chief technology officer position within 

4 their respective combatant command, who may— 

5 (A) oversee such commercial integration 

6 cell; and 

7 (B) report directly to the commander of 

8 the applicable combatant command. 

9 (b) REQUIREMENTS AND AUTHORITIES.—In estab10 lishing the commercial integration cells under subsection 

11 (a)(1), each commander described in that paragraph 

12 may— 

13 (1) make the applicable commercial integration 

14 cell available to commercial entities with existing 

15 Government contracts up to the Top Secret/Sensitive 

16 Compartmented Information clearance level; 

17 (2) ensure that such commercial integration cell 

18 is an information-sharing partnership rather than a 

19 service contract; 

20 (3) in the case of a solution identified within 

21 the commercial integration cell that requires re22 sources, work within existing resources or processes 

23 to request such resources; and 
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1 (4) integrate lessons learned from the commer2 cial integration cells of the United States Space 

3 Command and the United States Central Command. 

4 (c) BRIEFING.—Not later than 90 days after the date 

5 of the enactment of this Act, the Commander of the 

6 United States Africa Command, the Commander of the 

7 United States European Command, the Commander of the 

8 United States Indo-Pacific Command, the Commander of 

9 the United States Northern Command, and the Com10 mander of the United States Southern Command shall 

11 each provide to the Committees on Armed Services of the 

12 Senate and the House of Representatives— 

13 (1) a briefing on whether a commercial integra14 tion cell was implemented and any related progress, 

15 including any challenges to implementation; 

16 (2) in the case of a commander of a combatant 

17 command who chooses not to use the authority pro18 vided in this section to establish a commercial inte19 gration cell or a chief technology officer— 

20 (A) an explanation for not using such au21 thority; and 

22 (B) a description of the manner in which 

23 such commander is otherwise addressing the 

24 need to integrate commercial solutions; and 
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1 (3) in the case of a combatant command that 

2 has an official performing a role similar to the role 

3 described for a chief technology officer under sub4 section (a)(2), a detailed description of the role per5 formed by such official. 

6 SEC. 1079. MODIFICATION ON LIMITATION ON FUNDING 

7 FOR INSTITUTIONS OF HIGHER EDUCATION 

8 HOSTING CONFUCIUS INSTITUTES. 

9 Section 1062 of the William M. (‘‘Mac’’) Thornberry 

10 National Defense Authorization Act for Fiscal Year 2021 

11 (Public Law 116–283; 10 U.S.C. 2241 note) is amended 

12 by striking subsection (b). 

13 SEC. 1080. MODIFICATION OF DEFINITION OF DOMESTIC 

14 SOURCE FOR TITLE III OF DEFENSE PRODUC15 TION ACT OF 1950. 

16 (a) IN GENERAL.—Section 702(7) of such Act (50 

17 U.S.C. 4552(7)) is amended— 

18 (1) by redesignating subparagraphs (A) and 

19 (B) as clauses (i) and (ii), respectively, and by mov20 ing such clauses, as so redesignated, two ems to the 

21 right; 

22 (2) by striking ‘‘The term’’ and inserting the 

23 following: 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), the term’’; 
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1 (3) in clause (ii), as redesignated by paragraph 

2 (1), by striking ‘‘subparagraph (A)’’ and inserting 

3 ‘‘clause (i)’’; and 

4 (4) by adding at the end the following new sub5 paragraph (B): 

6 ‘‘(B) DOMESTIC SOURCE FOR TITLE III.— 

7 ‘‘(i) IN GENERAL.—For purposes of 

8 title III, the term ‘domestic source’ means 

9 a business concern that— 

10 ‘‘(I) performs substantially all of 

11 the research and development, engi12 neering, manufacturing, and produc13 tion activities required of such busi14 ness concern under a contract with 

15 the United States relating to a critical 

16 component or a critical technology 

17 item in— 

18 ‘‘(aa) the United States or 

19 Canada; or 

20 ‘‘(bb) subject to clause (ii), 

21 Australia or the United King22 dom; and 

23 ‘‘(II) procures from business con24 cerns described in subclause (I) sub25 stantially all of any components or as-
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1 semblies required under a contract 

2 with the United States relating to a 

3 critical component or critical tech4 nology item. 

5 ‘‘(ii) LIMITATIONS ON USE OF BUSI6 NESS CONCERNS IN AUSTRALIA AND

7 UNITED KINGDOM.— 

8 ‘‘(I) IN GENERAL.—A business 

9 concern described in clause (i)(I)(bb) 

10 may be treated as a domestic source 

11 only for purposes of the exercise of 

12 authorities under title III relating to 

13 national defense matters that cannot 

14 be fully addressed with business con15 cerns described in clause (i)(I)(aa). 

16 ‘‘(II) NATIONAL DEFENSE MAT17 TERS.—For purposes of subclause (I), 

18 a national defense matter is a matter 

19 relating to the development or produc20 tion of— 

21 ‘‘(aa) a defense article, as 

22 defined in section 301 of title 10, 

23 United States Code; or 

24 ‘‘(bb) a material critical to 

25 national defense or national secu-
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1 rity, as defined in section 10(f) of 

2 the Strategic and Critical Mate3 rials Stock Piling Act (50 U.S.C. 

4 98h–1(f)).’’. 

5 (b) REPORTS ON EXERCISE OF TITLE III AUTHORI6 TIES.—Title III of the Defense Production Act of 1950 

7 (50 U.S.C. 4531 et seq.) is amended by adding at the end 

8 the following new section: 

9 ‘‘SEC. 305. REPORTS ON EXERCISE OF AUTHORITIES. 

10 ‘‘(a) IN GENERAL.—The President, or the head of 

11 an agency to which the President has delegated authorities 

12 under this title, shall submit a report and provide a brief13 ing to the appropriate congressional committees with re14 spect to any action taken pursuant to such authorities— 

15 ‘‘(1) except as provided by paragraph (2), not 

16 later than 30 days after taking the action; and 

17 ‘‘(2) in the case of an action that involves a 

18 business concern in the United Kingdom or Aus19 tralia, not later than 30 days before taking the ac20 tion. 

21 ‘‘(b) ELEMENTS.— 

22 ‘‘(1) IN GENERAL.—Each report and briefing 

23 required by subsection (a) with respect to an action 

24 described in that subsection shall include— 
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1 ‘‘(A) a justification of the necessity of the 

2 use of authorities under this title; and 

3 ‘‘(B) a description of the financial terms of 

4 any related financial transaction. 

5 ‘‘(2) ADDITIONAL ELEMENTS RELATING TO

6 BUSINESS CONCERNS IN THE UNITED KINGDOM OR

7 AUSTRALIA.—Each report and briefing required by 

8 subsection (a) with respect to an action described in 

9 paragraph (2) of that subsection shall include, in ad10 dition to the elements under paragraph (1)— 

11 ‘‘(A) a certification that business concerns 

12 in the United States or Canada were not avail13 able with respect to the action; and 

14 ‘‘(B) an analysis of why such business con15 cerns were not available. 

16 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES

17 DEFINED.—In this section, the term ‘appropriate congres18 sional committees’ means— 

19 ‘‘(1) the Committee on Banking, Housing, and 

20 Urban Affairs of the Senate and the Committee on 

21 Financial Services of the House of Representatives; 

22 and 

23 ‘‘(2) in the case of an action described in sub24 section (a) involving strategic and critical materials 

25 relating to national defense matters (as described in 
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1 section 702(7)(B)(ii)(II)), the Committee on Energy 

2 and Natural Resources of the Senate and the Com3 mittee on Natural Resources of the House of Rep4 resentatives.’’. 

5 SEC. 1081. COMPREHENSIVE STRATEGY FOR TALENT DE6 VELOPMENT AND MANAGEMENT OF DEPART7 MENT OF DEFENSE COMPUTER PROGRAM8 MING WORKFORCE. 

9 (a) POLICY.—It shall be a policy of the Armed 

10 Forces, including the reserve components, to establish ap11 propriate and effective talent development and manage12 ment policies and practices that allow for the military de13 partments to present an adaptable, qualified workforce 

14 training and education standard with respect to computer 

15 programming skill needs for the workforce of the Depart16 ment of Defense, including technical and nontechnical 

17 skills related to artificial intelligence and software coding. 

18 (b) STRATEGY REQUIRED.— 

19 (1) IN GENERAL.—The Secretary of Defense, in 

20 consultation with the Secretaries of each military de21 partment and the Chairman of the Joint Chiefs of 

22 Staff, shall develop a strategy to achieve the policy 

23 set forth in subsection (a). 

24 (2) ELEMENTS.—The strategy required by 

25 paragraph (1) shall include— 
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1 (A) the development, funding, and execu2 tion of a coherent approach and transparent 

3 strategy across digital platforms and applica4 tions that enable development and presentation 

5 of forces with appropriate programmatic over6 sight for both active and reserve component 

7 workforces; 

8 (B) the evaluation of the potential need for 

9 career field occupational codes or other service10 specific talent management mechanisms aligned 

11 with the work roles related to computer pro12 gramming, artificial intelligence and machine 

13 learning competency, and software engineering 

14 under the Department of Defense Cyber Work15 force Framework to allow for the military de16 partments to identify, assess, track, manage, 

17 and assign personnel with computer program18 ming, coding, and artificial intelligence skills 

19 through established mechanisms, under the 

20 policies of the military departments with respect 

21 to career field management, including— 

22 (i) development, modification, or re23 validation of a career field or separate oc24 cupational code for computer programming 
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1 occupational areas aligned with such work 

2 roles; and 

3 (ii) development, modification, or re4 validation of a unique special skills or ex5 perience designator or qualification, 

6 tracked independently of a career field, for 

7 computer programming occupational areas 

8 aligned with such work roles; 

9 (C) the evaluation of current talent man10 agement processes to incorporate equivalency 

11 assessment as part of the qualification standard 

12 to accommodate experiences, training, or skills 

13 developed as a result of other work experience 

14 or training opportunities, including potentially 

15 from civilian occupations or commercially-avail16 able training courses 

17 (D) assessment of members of the Armed 

18 Forces who have completed the qualification 

19 process of the military department concerned or 

20 who qualify based on existing skills and training 

21 across computer programming occupational 

22 areas; and 

23 (E) maintaining data on, and longitudinal 

24 tracking of, members of the Armed Forces de25 scribed in subparagraph (D). 
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1 (c) RESPONSIBILITIES.—The Secretary of each mili2 tary department, in consultation with the Assistant Sec3 retary of the military department for Manpower and Re4 serve Affairs, the Chief Information Officer of the Depart5 ment of Defense, and the Chief Digital and Artificial In6 telligence Officer of the Office of the Secretary of Defense, 

7 shall— 

8 (1) be responsible for development and imple9 mentation of the policy set forth in subsection (a) 

10 and strategy required by subsection (b); and 

11 (2) carry out that responsibility through an of12 ficer or employee of the military department as13 signed by the Secretary for that purpose. 

14 (d) DUTIES.—In developing and providing for the im15 plementation of the policy set forth in subsection (a) and 

16 strategy required by subsection (b), the Secretary of each 

17 military department, in consultation with the Assistant 

18 Secretary of the military department for Manpower and 

19 Reserve Affairs, the Chief Information Officer of the mili20 tary department, the Chief Information Officer of the De21 partment of Defense, and the Chief Digital and Artificial 

22 Intelligence Officer of the Office of the Secretary of De23 fense, shall establish and update relevant policies and 

24 practices to enable the talent development and manage25 ment to provide a workforce capable of conducting com-
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1 puter programming, software coding, and artificial intel2 ligence activities, including by meeting related manning, 

3 systems, training, and other related funding requirements. 

4 (e) STRATEGY AND IMPLEMENTATION PLANS.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary of each military department shall submit to 

8 the Committees on Armed Services of the Senate 

9 and the House of Representatives the strategy re10 quired by subsection (b). 

11 (2) IMPLEMENTATION PLANS REQUIRED.—Not 

12 later than one year after the date of the enactment 

13 of this Act, the Secretary of each military depart14 ment shall submit to the Committees on Armed 

15 Services of the Senate and the House of Representa16 tives a implementation plan for the strategy required 

17 by subsection (b), including identification of resource 

18 needs and areas where current internal policy or 

19 legal statutes may need to be updated. 

20 (f) DEFINITIONS.—In this section: 

21 (1) COMPUTER PROGRAMMING OCCUPATIONAL

22 AREA.—The term ‘‘computer programming occupa23 tional area’’ means a technical or nontechnical occu24 pational position that supports computer program-
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1 ming, coding, or artificial intelligence operations and 

2 development, including the following positions: 

3 (A) Data scientists. 

4 (B) Data engineers. 

5 (C) Data analysts. 

6 (D) Software developers. 

7 (E) Machine learning engineers. 

8 (F) Program managers. 

9 (G) Acquisition professionals. 

10 (2) DIGITAL PLATFORM OR APPLICATION.—The 

11 term ‘‘digital platform or application’’ means an on12 line integrated personnel management system or 

13 human capital solution. 

14 (3) QUALIFICATION PROCESS.—The term 

15 ‘‘qualification process’’— 

16 (A) means the process, modeled on a 

17 streamlined version of the process for obtaining 

18 joint qualifications, for training and verifying 

19 members of the Armed Forces to receive career 

20 field or occupational codes associated with com21 puter programming occupational areas; and 

22 (B) may include— 

23 (i) experiences, education, and train24 ing received as a part of military service, 

25 including fellowships, talent exchanges, po-
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1 sitions within government, and educational 

2 courses; and 

3 (ii) in the case of members of the re4 serve components, experiences, education, 

5 and training received in their civilian occu6 pations. 

7 (4) STANDARD.—The term ‘‘standard’’ means 

8 the defined, reviewed, and published standard for oc9 cupational series or career fields that provides a 

10 measurable standard by which the military depart11 ments can assess the ability to meet their oper12 ational planning and steady-state force presentation 

13 requirements during the global force management 

14 process. 

15 SEC. 1082. LIMITATION ON AVAILABILITY OF FUNDS FOR 

16 DESTRUCTION OF LANDMINES. 

17 (a) LIMITATION.—Except as provided in subsection 

18 (b), none of the funds authorized to be appropriated by 

19 this Act or otherwise made available for fiscal year 2024 

20 for the Department of Defense may be obligated or ex21 pended for the destruction of anti-personnel landmine mu22 nitions before the date on which the Secretary of Defense 

23 submits the report required by subsection (c). 

24 (b) EXCEPTION FOR SAFETY.—Subsection (a) shall 

25 not apply to any anti-personnel landmine munitions that 
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1 the Secretary of Defense determines are unsafe or could 

2 pose a safety risk to the United States Armed Forces if 

3 not demilitarized or destroyed. 

4 (c) REPORT REQUIRED.— 

5 (1) IN GENERAL.—Not later than one year 

6 after the date of the enactment of this Act, the Sec7 retary of Defense shall submit to the congressional 

8 defense committees a report that includes each of 

9 the following: 

10 (A) A description of the policy of the De11 partment of Defense regarding the use of anti12 personnel landmines, including methods for 

13 commanders to seek waivers to use such muni14 tions. 

15 (B) Projections covering the period of 10 

16 years following the date of the report of— 

17 (i) the inventory levels for all anti-per18 sonnel landmine munitions, taking into ac19 count future production of anti-personnel 

20 landmine munitions, any plans for demili21 tarization of such munitions, the age of the 

22 munitions, storage and safety consider23 ations, and any other factors that are ex24 pected to impact the size of the inventory; 
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1 (ii) the cost to achieve the inventory 

2 levels projected in clause (i), including the 

3 cost for potential demilitarization or dis4 posal of such munitions; and 

5 (iii) the cost to develop and produce 

6 new anti-personnel landmine munitions the 

7 Secretary determines are necessary to meet 

8 the demands of operational plans. 

9 (C) An assessment by the Chairman of the 

10 Joint Chiefs of Staff of the effects of the inven11 tory levels projected under subparagraph (B)(i) 

12 on operational plans. 

13 (D) Any inputs by the Chairman and the 

14 commanders of the combatant commands to a 

15 policy process that resulted in a change in land16 mine policy during the calendar year preceding 

17 the date of the enactment of this Act. 

18 (E) Any other matters that the Secretary 

19 determines appropriate for inclusion in the re20 port. 

21 (2) FORM OF REPORT.—The report required by 

22 paragraph (1) shall be submitted in unclassified 

23 form, but may include a classified annex. 

24 (d) BRIEFING REQUIRED.— 
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall provide to the congressional 

4 defense committees a briefing on the status, as of 

5 the date of the briefing, of research and development 

6 into operational alternatives to anti-personnel land7 mine munitions. 

8 (2) FORM OF BRIEFING.—The briefing required 

9 by paragraph (1) may contain classified information. 

10 (e) ANTI-PERSONNEL LANDMINE MUNITIONS DE11 FINED.—In this section, the term ‘‘anti-personnel land12 mine munitions’’ includes anti-personnel landmines and 

13 submunitions, as defined by the Convention on the Prohi14 bition of the Use, Stockpiling, Production and Transfer 

15 of Anti-Personnel Mines and on their Destruction, con16 cluded at Oslo September 18, 1997, as determined by the 

17 Secretary. 

18 SEC. 1083. NOGALES WASTEWATER IMPROVEMENT. 

19 (a) AMENDMENT TO THE ACT OF JULY 27, 1953.— 

20 The first section of the Act of July 27, 1953 (67 Stat. 

21 195, chapter 242; 22 U.S.C. 277d–10), is amended by 

22 striking the period at the end and inserting ‘‘: Provided 

23 further, That the equitable portion of the Nogales sanita24 tion project for the city of Nogales, Arizona, shall be lim25 ited to the costs directly associated with the treatment and 
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1 conveyance of the wastewater of the city and, to the extent 

2 practicable, shall not include any costs directly associated 

3 with the quality or quantity of wastewater originating in 

4 Mexico.’’. 

5 (b) NOGALES SANITATION PROJECT.— 

6 (1) DEFINITIONS.—In this subsection: 

7 (A) CITY.—The term ‘‘City’’ means the 

8 City of Nogales, Arizona. 

9 (B) COMMISSION.—The term ‘‘Commis10 sion’’ means the United States Section of the 

11 International Boundary and Water Commission. 

12 (C) INTERNATIONAL OUTFALL INTER13 CEPTOR.—The term ‘‘International Outfall In14 terceptor’’ means the pipeline that conveys 

15 wastewater from the United States-Mexico bor16 der to the Nogales International Wastewater 

17 Treatment Plant. 

18 (D) NOGALES INTERNATIONAL WASTE19 WATER TREATMENT PLANT.—The term 

20 ‘‘Nogales International Wastewater Treatment 

21 Plant’’ means the wastewater treatment plant 

22 that— 

23 (i) is operated by the Commission; 

24 (ii) is located in Rio Rico, Santa Cruz 

25 County, Arizona, after manhole 99; and 
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1 (iii) treats sewage and wastewater 

2 originating from— 

3 (I) Nogales, Sonora, Mexico; and 

4 (II) Nogales, Arizona. 

5 (2) OWNERSHIP AND CONTROL.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B) and in accordance with authority 

8 under the Act of July 27, 1953 (67 Stat. 195, 

9 chapter 242; 22 U.S.C. 277d–10 et seq.), on 

10 transfer by donation from the City of the cur11 rent stake of the City in the International Out12 fall Interceptor to the Commission, the Com13 mission shall enter into such agreements as are 

14 necessary to assume full ownership and control 

15 over the International Outfall Interceptor. 

16 (B) AGREEMENTS REQUIRED.—The Com17 mission shall assume full ownership and control 

18 over the International Outfall Interceptor under 

19 subparagraph (A) after all applicable governing 

20 bodies in the State of Arizona, including the 

21 City, have— 

22 (i) signed memoranda of under23 standing granting to the Commission ac24 cess to existing easements for a right of 

25 entry to the International Outfall Inter-
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1 ceptor for the life of the International Out2 fall Interceptor; 

3 (ii) entered into an agreement with re4 spect to the flows entering the Inter5 national Outfall Interceptor that are con6 trolled by the City; and 

7 (iii) agreed to work in good faith to 

8 expeditiously enter into such other agree9 ments as are necessary for the Commission 

10 to operate and maintain the International 

11 Outfall Interceptor. 

12 (3) OPERATIONS AND MAINTENANCE.— 

13 (A) IN GENERAL.—Beginning on the date 

14 on which the Commission assumes full owner15 ship and control of the International Outfall In16 terceptor under paragraph (2)(A), but subject 

17 to paragraph (5), the Commission shall be re18 sponsible for the operations and maintenance of 

19 the International Outfall Interceptor. 

20 (B) AUTHORIZATION OF APPROPRIA21 TIONS.—There are authorized to be appro22 priated to the Commission to carry out this 

23 paragraph, to remain available until ex24 pended— 
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1 (i) $6,500,000 for fiscal year 2025; 

2 and 

3 (ii) not less than $2,500,000 for fiscal 

4 year 2026 and each fiscal year thereafter. 

5 (4) DEBRIS SCREEN.— 

6 (A) DEBRIS SCREEN REQUIRED.— 

7 (i) IN GENERAL.—The Commission 

8 shall construct, operate, and maintain a 

9 debris screen at Manhole One of the Inter10 national Outfall Interceptor for inter11 cepting debris and drug bundles coming to 

12 the United States from Nogales, Sonora, 

13 Mexico. 

14 (ii) REQUIREMENT.—In constructing 

15 and operating the debris screen under 

16 clause (i), the Commission and the Com17 missioner of U.S. Customs and Border 

18 Protection shall coordinate— 

19 (I) the removal of drug bundles 

20 and other illicit goods caught in the 

21 debris screen; and 

22 (II) other operations at the Inter23 national Outfall Interceptor that re24 quire coordination. 
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1 (B) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to the Commission, to remain available 

4 until expended— 

5 (i) for fiscal year 2025— 

6 (I) $8,000,000 for construction 

7 of the debris screen described in sub8 paragraph (A)(i); and 

9 (II) not less than $1,000,000 for 

10 the operations and maintenance of the 

11 debris screen described in subpara12 graph (A)(i); and 

13 (ii) not less than $1,000,000 for fiscal 

14 year 2026 and each fiscal year thereafter 

15 for the operations and maintenance of the 

16 debris screen described in subparagraph 

17 (A)(i). 

18 (5) LIMITATION OF CLAIMS.—Chapter 171 and 

19 section 1346(b) of title 28, United States Code 

20 (commonly known as the ‘‘Federal Tort Claims 

21 Act’’), shall not apply to any claim arising from the 

22 activities of the Commission in carrying out this 

23 subsection, including any claim arising from dam24 ages that result from overflow of the International 

25 Outfall Interceptor due to excess inflow to the Inter-
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1 national Outfall Interceptor originating from 

2 Nogales, Sonora, Mexico. 

3 (c) EFFECTIVE DATE.—This section (including the 

4 amendments made by this section) takes effect on October 

5 1, 2024. 

6 SEC. 1084. AUTHORIZATION OF AMOUNTS TO SUPPORT INI7 TIATIVES FOR MOBILE MAMMOGRAPHY 

8 SERVICES FOR VETERANS. 

9 There is authorized to be appropriated to the Sec10 retary of Veterans Affairs $10,000,000 for the Office of 

11 Women’s Health of the Department of Veterans Affairs 

12 under section 7310 of title 38, United States Code, to be 

13 used by the Secretary to expand access of women veterans 

14 to— 

15 (1) mobile mammography initiatives; 

16 (2) advanced mammography equipment; and 

17 (3) outreach activities to publicize those initia18 tives and equipment. 

19 SEC. 1085. PROTECTION OF COVERED SECTORS. 

20 The Defense Production Act of 1950 (50 U.S.C. 

21 4501 et seq.) is amended by adding at the end the fol22 lowing: 
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1 ‘‘TITLE VIII—PROTECTION OF 

2 COVERED SECTORS 

3 ‘‘SEC. 801. DEFINITIONS. 

4 ‘‘In this title: 

5 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘appropriate congressional com7 mittees’ means— 

8 ‘‘(A) the Committee on Armed Services, 

9 the Committee on Finance, the Committee on 

10 Banking, Housing, and Urban Affairs, the Se11 lect Committee on Intelligence, and the Com12 mittee on Foreign Relations of the Senate; and 

13 ‘‘(B) the Committee on Armed Services, 

14 the Committee on Ways and Means, the Com15 mittee on Financial Services, the Permanent 

16 Select Committee on Intelligence, and the Com17 mittee on Foreign Affairs of the House of Rep18 resentatives. 

19 ‘‘(2) COUNTRY OF CONCERN.—The term ‘coun20 try of concern’ means, subject to such regulations as 

21 may be prescribed in accordance with section 806, a 

22 country specified in section 4872(d)(2) of title 10, 

23 United States Code. 

24 ‘‘(3) COVERED ACTIVITY.— 
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1 ‘‘(A) IN GENERAL.—Subject to such regu2 lations as may be prescribed in accordance with 

3 section 806, and except as provided in subpara4 graph (B), the term ‘covered activity’ means 

5 any activity engaged in by a United States per6 son in a related to a covered sector that in7 volves— 

8 ‘‘(i) an acquisition by such United 

9 States person of an equity interest or con10 tingent equity interest, or monetary capital 

11 contribution, in a covered foreign entity, 

12 directly or indirectly, by contractual com13 mitment or otherwise, with the goal of gen14 erating income or gain; 

15 ‘‘(ii) an arrangement for an interest 

16 held by such United States person in the 

17 short- or long-term debt obligations of a 

18 covered foreign entity that includes govern19 ance rights that are characteristic of an 

20 equity investment, management, or other 

21 important rights, as defined in regulations 

22 prescribed in accordance with section 806; 

23 ‘‘(iii) the establishment of a wholly 

24 owned subsidiary in a country of concern, 

25 such as a greenfield investment, for the 
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1 purpose of production, design, testing, 

2 manufacturing, fabrication, or development 

3 related to one or more covered sectors; 

4 ‘‘(iv) the establishment by such 

5 United States person of a joint venture in 

6 a country of concern or with a covered for7 eign entity for the purpose of production, 

8 design, testing, manufacturing, fabrication, 

9 or research involving one or more covered 

10 sectors, or other contractual or other com11 mitments involving a covered foreign entity 

12 to jointly research and develop new innova13 tion, including through the transfer of cap14 ital or intellectual property or other busi15 ness proprietary information; or 

16 ‘‘(v) the acquisition by a United 

17 States person with a covered foreign entity 

18 of— 

19 ‘‘(I) operational cooperation, such 

20 as through supply or support arrange21 ments; 

22 ‘‘(II) the right to board represen23 tation (as an observer, even if limited, 

24 or as a member) or an executive role 
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1 (as may be defined through regula2 tion) in a covered foreign entity; 

3 ‘‘(III) the ability to direct or in4 fluence such operational decisions as 

5 may be defined through such regula6 tions; 

7 ‘‘(IV) formal governance rep8 resentation in any operating affiliate, 

9 like a portfolio company, of a covered 

10 foreign entity; or 

11 ‘‘(V) a new relationship to share 

12 or provide business services, such as 

13 but not limited to financial services, 

14 marketing services, maintenance, or 

15 assembly functions, related to a cov16 ered sectors. 

17 ‘‘(B) EXCEPTIONS.—The term ‘covered ac18 tivity’ does not include— 

19 ‘‘(i) any transaction the value of 

20 which the Secretary of the Treasury deter21 mines is de minimis, as defined in regula22 tions prescribed in accordance with section 

23 806; 

24 ‘‘(ii) any category of transactions that 

25 the Secretary determines is in the national 
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1 interest of the United States, as may be 

2 defined in regulations prescribed in accord3 ance with section 806; or 

4 ‘‘(iii) any ordinary or administrative 

5 business transaction as may be defined in 

6 such regulations. 

7 ‘‘(4) COVERED FOREIGN ENTITY.— 

8 ‘‘(A) IN GENERAL.—Subject to regulations 

9 prescribed in accordance with section 806, and 

10 except as provided in subparagraph (B), the 

11 term ‘covered foreign entity’ means— 

12 ‘‘(i) any entity that is incorporated in, 

13 has a principal place of business in, or is 

14 organized under the laws of a country of 

15 concern; 

16 ‘‘(ii) any entity the equity securities of 

17 which are primarily traded in the ordinary 

18 course of business on one or more ex19 changes in a country of concern; 

20 ‘‘(iii) any entity in which any entity 

21 described in subclause (i) or (ii) holds, in22 dividually or in the aggregate, directly or 

23 indirectly, an ownership interest of greater 

24 than 50 percent; or 
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1 ‘‘(iv) any other entity that is not a 

2 United States person and that meets such 

3 criteria as may be specified by the Sec4 retary of the Treasury in such regulations. 

5 ‘‘(B) EXCEPTION.—The term ‘covered for6 eign entity’ does not include any entity de7 scribed in subparagraph (A) that can dem8 onstrate that a majority of the equity interest 

9 in the entity is ultimately owned by— 

10 ‘‘(i) nationals of the United States; or 

11 ‘‘(ii) nationals of such countries (other 

12 than countries of concern) as are identified 

13 for purposes of this subparagraph pursu14 ant to regulations prescribed in accordance 

15 with section 806. 

16 ‘‘(5) COVERED SECTORS.—Subject to regula17 tions prescribed in accordance with section 806, the 

18 term ‘covered sectors’ includes sectors within the fol19 lowing areas, as specified in such regulations: 

20 ‘‘(A) Advanced semiconductors and micro21 electronics. 

22 ‘‘(B) Artificial intelligence. 

23 ‘‘(C) Quantum information science and 

24 technology. 

25 ‘‘(D) Hypersonics. 
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1 ‘‘(E) Satellite-based communications. 

2 ‘‘(F) Networked laser scanning systems 

3 with dual-use applications. 

4 ‘‘(6) PARTY.—The term ‘party’, with respect to 

5 an activity, has the meaning given that term in reg6 ulations prescribed in accordance with section 806. 

7 ‘‘(7) UNITED STATES.—The term ‘United 

8 States’ means the several States, the District of Co9 lumbia, and any territory or possession of the 

10 United States. 

11 ‘‘(8) UNITED STATES PERSON.—The term 

12 ‘United States person’ means— 

13 ‘‘(A) an individual who is a citizen or na14 tional of the United States or an alien lawfully 

15 admitted for permanent residence in the United 

16 States; and 

17 ‘‘(B) any corporation, partnership, or other 

18 entity organized under the laws of the United 

19 States or the laws of any jurisdiction within the 

20 United States. 

21 ‘‘SEC. 802. ADMINISTRATION OF UNITED STATES INVEST22 MENT NOTIFICATION. 

23 ‘‘(a) IN GENERAL.—The President shall delegate the 

24 authorities and functions under this title to the Secretary 

25 of the Treasury. 
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1 ‘‘(b) COORDINATION.—In carrying out the duties of 

2 the Secretary under this title, the Secretary shall— 

3 ‘‘(1) coordinate with the Secretary of Com4 merce; and 

5 ‘‘(2) consult with the United States Trade Rep6 resentative, the Secretary of Defense, the Secretary 

7 of State, and the Director of National Intelligence. 

8 ‘‘SEC. 803. MANDATORY NOTIFICATION OF COVERED AC9 TIVITIES. 

10 ‘‘(a) MANDATORY NOTIFICATION.— 

11 ‘‘(1) IN GENERAL.—Subject to regulations pre12 scribed in accordance with section 806, beginning on 

13 the date that is 90 days after such regulations take 

14 effect, a United States person that plans to engage 

15 in a covered activity shall— 

16 ‘‘(A) if such covered activity is not a se17 cured transaction, submit to the Secretary of 

18 the Treasury a complete written notification of 

19 the activity not later than 14 days before the 

20 anticipated completion date of the activity; and 

21 ‘‘(B) if such covered activity is a secured 

22 transaction, submit to the Secretary of the 

23 Treasury a complete written notification of the 

24 activity not later than 14 days after the comple25 tion date of the activity. 
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1 ‘‘(2) CIRCULATION OF NOTIFICATION.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall, 

3 upon receipt of a notification under paragraph 

4 (1), promptly inspect the notification for com5 pleteness. 

6 ‘‘(B) INCOMPLETE NOTIFICATIONS.—If a 

7 notification submitted under paragraph (1) is 

8 incomplete, the Secretary shall promptly inform 

9 the United States person that submits the noti10 fication that the notification is not complete 

11 and provide an explanation of relevant material 

12 respects in which the notification is not com13 plete. 

14 ‘‘(3) IDENTIFICATION OF NON-NOTIFIED ACTIV15 ITY.—The Secretary shall establish a process to 

16 identify covered activity for which— 

17 ‘‘(A) a notification is not submitted to the 

18 Secretary under paragraph (1); and 

19 ‘‘(B) information is reasonably available. 

20 ‘‘(b) CONFIDENTIALITY OF INFORMATION.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), any information or documentary material 

23 filed with the Secretary of the Treasury pursuant to 

24 this section shall be exempt from disclosure under 

25 section 552 of title 5, United States Code, and no 
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1 such information or documentary material may be 

2 made public by any government agency or Member 

3 of Congress. 

4 ‘‘(2) EXCEPTIONS.—The exemption from disclo5 sure provided by paragraph (1) shall not prevent the 

6 disclosure of the following: 

7 ‘‘(A) Information relevant to any adminis8 trative or judicial action or proceeding. 

9 ‘‘(B) Information provided to Congress or 

10 any of the appropriate congressional commit11 tees. 

12 ‘‘(C) Information important to the national 

13 security analysis or actions of the President to 

14 any domestic governmental entity, or to any 

15 foreign governmental entity of an ally or part16 ner of the United States, under the direction 

17 and authorization of the President or the Sec18 retary, only to the extent necessary for national 

19 security purposes, and subject to appropriate 

20 confidentiality and classification requirements. 

21 ‘‘(D) Information that the parties have 

22 consented to be disclosed to third parties. 

23 ‘‘SEC. 804. REPORTING REQUIREMENTS. 

24 ‘‘(a) IN GENERAL.—Not later than 360 days after 

25 the date on which the regulations prescribed under section 
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1 806 take effect, and not less frequently than annually 

2 thereafter, the Secretary of the Treasury shall submit to 

3 the appropriate congressional committees a report that— 

4 ‘‘(1) lists all notifications submitted under sec5 tion 803(a) during the year preceding submission of 

6 the report and includes, with respect to each such 

7 notification— 

8 ‘‘(A) basic information on each party to 

9 the covered activity with respect to which the 

10 notification was submitted; and 

11 ‘‘(B) the nature of the covered activity that 

12 was the subject to the notification, including 

13 the elements of the covered activity that neces14 sitated a notification; 

15 ‘‘(2) includes a summary of those notifications, 

16 disaggregated by sector, by covered activity, and by 

17 country of concern; 

18 ‘‘(3) provides additional context and informa19 tion regarding trends in the sectors, the types of 

20 covered activities, and the countries involved in those 

21 notifications; 

22 ‘‘(4) includes a description of the national secu23 rity risks associated with— 

24 ‘‘(A) the covered activities with respect to 

25 which those notifications were submitted; or 
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1 ‘‘(B) categories of such activities; and 

2 ‘‘(5) assesses the overall impact of those notifi3 cations, including recommendations for— 

4 ‘‘(A) expanding existing Federal programs 

5 to support the production or supply of covered 

6 sectors in the United States, including the po7 tential of existing authorities to address any re8 lated national security concerns; 

9 ‘‘(B) investments needed to enhance cov10 ered sectors and reduce dependence on coun11 tries of concern regarding those sectors; and 

12 ‘‘(C) the continuation, expansion, or modi13 fication of the implementation and administra14 tion of this title, including recommendations 

15 with respect to whether the definition of ‘coun16 try of concern’ under section 801(2) should be 

17 amended to add or remove countries. 

18 ‘‘(b) FORM OF REPORT.—Each report required by 

19 this section shall be submitted in unclassified form, but 

20 may include a classified annex. 

21 ‘‘(c) TESTIMONY REQUIRED.—Not later than one 

22 year after the date of enactment of this title, and annually 

23 thereafter, the Secretary of the Treasury and the Sec24 retary of Commerce shall each provide to the Committee 

25 on Banking, Housing, and Urban Affairs of the Senate 
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1 and the Committee on Financial Services of the House of 

2 Representatives testimony with respect to the national se3 curity threats relating to investments by the United States 

4 persons in countries of concern and broader international 

5 capital flows. 

6 ‘‘SEC. 805. PENALTIES AND ENFORCEMENT. 

7 ‘‘(a) PENALTIES WITH RESPECT TO UNLAWFUL

8 ACTS.—Subject to regulations prescribed in accordance 

9 with section 806, it shall be unlawful— 

10 ‘‘(1) to fail to submit a notification under sub11 section (a) of section 803 with respect to a covered 

12 activity or to submit other information as required 

13 by the Secretary of the Treasury; or 

14 ‘‘(2) to make a material misstatement or to 

15 omit a material fact in any information submitted to 

16 the Secretary under this title. 

17 ‘‘(b) ENFORCEMENT.—The President may direct the 

18 Attorney General to seek appropriate relief in the district 

19 courts of the United States, in order to implement and 

20 enforce this title. 

21 ‘‘SEC. 806. REQUIREMENT FOR REGULATIONS. 

22 ‘‘(a) IN GENERAL.—Not later than 360 days after 

23 the date of the enactment of this title, the Secretary of 

24 the Treasury shall finalize regulations to carry out this 

25 title. 
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1 ‘‘(b) ELEMENTS.—Regulations prescribed to carry 

2 out this title shall include specific examples of the types 

3 of— 

4 ‘‘(1) activities that will be considered to be cov5 ered activities; and 

6 ‘‘(2) the specific sectors and subsectors that 

7 may be considered to be covered sectors. 

8 ‘‘(c) REQUIREMENTS FOR CERTAIN REGULATIONS.— 

9 The Secretary of the Treasury shall prescribe regulations 

10 further defining the terms used in this title, including ‘cov11 ered activity’, ‘covered foreign entity’, and ‘party’, in ac12 cordance with subchapter II of chapter 5 and chapter 7 

13 of title 5 (commonly known as the ‘Administrative Proce14 dure Act’). 

15 ‘‘(d) PUBLIC PARTICIPATION IN RULEMAKING.—The 

16 provisions of section 709 shall apply to any regulations 

17 issued under this title. 

18 ‘‘(e) LOW-BURDEN REGULATIONS.—In prescribing 

19 regulations under this section, the Secretary of the Treas20 ury shall structure the regulations— 

21 ‘‘(1) to minimize the cost and complexity of 

22 compliance for affected parties;. 

23 ‘‘(2) to ensure the benefits of the regulations 

24 outweigh their costs; 
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1 ‘‘(3) to adopt the least burdensome alternative 

2 that achieves regulatory objectives; 

3 ‘‘(4) to prioritize transparency and stakeholder 

4 involvement in the process of prescribing the regula5 tions; and 

6 ‘‘(5) to regularly review and streamline existing 

7 regulations to reduce redundancy and complexity. 

8 ‘‘SEC. 807. MULTILATERAL ENGAGEMENT AND COORDINA9 TION. 

10 ‘‘(a) IN GENERAL.—The President shall delegate the 

11 authorities and functions under this section to the Sec12 retary of State. 

13 ‘‘(b) AUTHORITIES.—The Secretary of State, in co14 ordination with the Secretary of the Treasury, the Sec15 retary of Commerce, the United States Trade Representa16 tive, and the Director of National Intelligence, shall— 

17 ‘‘(1) conduct bilateral and multilateral engage18 ment with the governments of countries that are al19 lies and partners of the United States to ensure co20 ordination of protocols and procedures with respect 

21 to covered activities with countries of concern and 

22 covered foreign entities; and 

23 ‘‘(2) upon adoption of protocols and procedures 

24 described in paragraph (1), work with those govern-
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1 ments to establish mechanisms for sharing informa2 tion, including trends, with respect to such activities. 

3 ‘‘(c) STRATEGY FOR DEVELOPMENT OF OUTBOUND

4 INVESTMENT SCREENING MECHANISMS.—The Secretary 

5 of State, in coordination with the Secretary of the Treas6 ury and in consultation with the Attorney General, shall— 

7 ‘‘(1) develop a strategy to work with countries 

8 that are allies and partners of the United States to 

9 develop mechanisms comparable to this title for the 

10 notification of covered activities; and 

11 ‘‘(2) provide technical assistance to those coun12 tries with respect to the development of those mech13 anisms. 

14 ‘‘(d) REPORT.—Not later than 90 days after the de15 velopment of the strategy required by subsection (b), and 

16 annually thereafter for a period of 5 years, the Secretary 

17 of State shall submit to the appropriate congressional 

18 committees a report that includes the strategy, the status 

19 of implementing the strategy, and a description of any im20 pediments to the establishment of mechanisms comparable 

21 to this title by allies and partners, 

22 ‘‘SEC. 808. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘(a) IN GENERAL.—There are authorized to be ap24 propriated such sums as may be necessary to carry out 
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1 this title, including to provide outreach to industry and 

2 persons affected by this title. 

3 ‘‘(b) HIRING AUTHORITY.—The head of any agency 

4 designated as a lead agency under section 802(b) may ap5 point, without regard to the provisions of sections 3309 

6 through 3318 of title 5, United States Code, not more 

7 than 25 candidates directly to positions in the competitive 

8 service (as defined in section 2102 of that title) in that 

9 agency. The primary responsibility of individuals in posi10 tions authorized under the preceding sentence shall be to 

11 administer this title. 

12 ‘‘SEC. 809. RULE OF CONSTRUCTION WITH RESPECT TO 

13 FREE AND FAIR COMMERCE. 

14 ‘‘Nothing in this title may be construed to restrain 

15 or deter foreign investment in the United States, United 

16 States investment abroad, or trade in goods or services, 

17 if such investment and trade do not pose a risk to the 

18 national security of the United States.’’. 

19 SEC. 1086. REVIEW OF AGRICULTURE-RELATED TRANS20 ACTIONS BY COMMITTEE ON FOREIGN IN21 VESTMENT IN THE UNITED STATES. 

22 Section 721 of the Defense Production Act of 1950 

23 (50 U.S.C. 4565) is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (4)— 
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1 (i) in subparagraph (A)— 

2 (I) in clause (i), by striking ‘‘; 

3 and’’ and inserting a semicolon; 

4 (II) in clause (ii), by striking the 

5 period at the end and inserting ‘‘; 

6 and’’; and 

7 (III) by adding at the end the 

8 following: 

9 ‘‘(iii) any transaction described in 

10 clause (vi) or (vii) of subparagraph (B) 

11 proposed or pending on or after the date of 

12 the enactment of this clause.’’; 

13 (ii) in subparagraph (B), by adding at 

14 the end the following: 

15 ‘‘(vi) Any other investment, subject to 

16 regulations prescribed under subpara17 graphs (D) and (E), by a foreign person in 

18 any unaffiliated United States business 

19 that is engaged in agriculture or bio20 technology related to agriculture. 

21 ‘‘(vii) Subject to subparagraphs (C) 

22 and (E), the purchase or lease by, or a 

23 concession to, a foreign person of private 

24 real estate that is— 

25 ‘‘(I) located in the United States; 
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1 ‘‘(II) used in agriculture; and 

2 ‘‘(III) more than 320 acres or 

3 valued in excess of $5,000,000.’’; 

4 (iii) in subparagraph (C)(i), by strik5 ing ‘‘subparagraph (B)(ii)’’ and inserting 

6 ‘‘clause (ii) or (vii) of subparagraph (B)’’; 

7 (iv) in subparagraph (D)— 

8 (I) in clause (i), by striking ‘‘sub9 paragraph (B)(iii)’’ and inserting 

10 ‘‘clauses (iii) and (vi) of subparagraph 

11 (B)’’; 

12 (II) in clause (iii)(I), by striking 

13 ‘‘subparagraph (B)(iii)’’ and inserting 

14 ‘‘clauses (iii) and (vi) of subparagraph 

15 (B)’’; 

16 (III) in clause (iv)(I), by striking 

17 ‘‘subparagraph (B)(iii)’’ each place it 

18 appears and inserting ‘‘clauses (iii) 

19 and (vi) of subparagraph (B)’’; and 

20 (IV) in clause (v), by striking 

21 ‘‘subparagraph (B)(iii)’’ and inserting 

22 ‘‘clauses (iii) and (vi) of subparagraph 

23 (B)’’; and 
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1 (v) in subparagraph (E), by striking 

2 ‘‘clauses (ii) and (iii)’’ and inserting 

3 ‘‘clauses (ii), (iii), (iv), and (vii)’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(14) AGRICULTURE.—The term ‘agriculture’ 

6 has the meaning given such term in section 3 of the 

7 Fair Labor Standards Act of 1938 (29 U.S.C. 

8 203).’’; 

9 (2) in subsection (k)(2)— 

10 (A) by redesignating subparagraphs (H), 

11 (I), and (J), as subparagraphs (I), (J), and 

12 (K), respectively; and 

13 (B) inserting after subparagraph (G) the 

14 following new subparagraph: 

15 ‘‘(H) The Secretary of Agriculture (non16 voting, ex officio).’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(r) PROHIBITION WITH RESPECT TO AGRICUL19 TURAL COMPANIES AND REAL ESTATE.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of this section, if the Committee, in con22 ducting a review and investigation under this sec23 tion, determines that a transaction described in 

24 clause (i), (vi), or (vii) of subsection (a)(4)(B) would 

25 result in control by a covered foreign person of or 
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1 investment by a covered foreign person in a United 

2 States business engaged in agriculture or private 

3 real estate used in agriculture, the President shall 

4 prohibit such transaction. 

5 ‘‘(2) WAIVER.—The President may waive, on a 

6 case-by-case basis, the requirement to prohibit a 

7 transaction under paragraph (1), not less than 30 

8 days after the President determines and reports to 

9 the relevant committees of jurisdiction that it is vital 

10 to the national security interests of the United 

11 States to waive such prohibition. 

12 ‘‘(3) DEFINED TERMS.—In this subsection: 

13 ‘‘(A) COVERED PERSON.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided by clause (ii), the term ‘covered per16 son’— 

17 ‘‘(I) has the meaning given the 

18 term ‘a person owned by, controlled 

19 by, or subject to the jurisdiction or di20 rection of a foreign adversary’ in sec21 tion 7.2 of title 15, Code of Federal 

22 Regulations (as in effect on the date 

23 of the enactment of the National De24 fense Authorization Act for Fiscal 

25 Year 2024), except that each ref-
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1 erence to ‘foreign adversary’ in that 

2 definition shall be deemed to be a ref3 erence to the government of a covered 

4 country; and 

5 ‘‘(II) includes an entity that— 

6 ‘‘(aa) is registered in or or7 ganized under the laws of a cov8 ered country; 

9 ‘‘(bb) has a principal place 

10 of business in a covered country; 

11 or 

12 ‘‘(cc) has a subsidiary with a 

13 principal place of business in a 

14 covered country. 

15 ‘‘(ii) EXCLUSIONS.—The term ‘cov16 ered person’ does not include a United 

17 States citizen or an alien lawfully admitted 

18 for permanent residence to the United 

19 States. 

20 ‘‘(B) COVERED COUNTRY.—The term ‘cov21 ered country’ means any of the following: 

22 ‘‘(i) The People’s Republic of China. 

23 ‘‘(ii) The Russian Federation. 

24 ‘‘(iii) The Islamic Republic of Iran. 
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1 ‘‘(iv) The Democratic People’s Repub2 lic of Korea.’’. 

3 SEC. 1087. 9/11 RESPONDER AND SURVIVOR HEALTH FUND4 ING CORRECTION ACT OF 2023. 

5 (a) DEPARTMENT OF DEFENSE, ARMED FORCES, OR

6 OTHER FEDERAL WORKER RESPONDERS TO THE SEP7 TEMBER 11 ATTACKS AT THE PENTAGON AND

8 SHANKSVILLE, PENNSYLVANIA.—Title XXXIII of the 

9 Public Health Service Act (42 U.S.C. 300mm et seq.) is 

10 amended— 

11 (1) in section 3306 (42 U.S.C. 300mm–5)— 

12 (A) by redesignating paragraphs (5) 

13 through (11) and paragraphs (12) through (17) 

14 as paragraphs (6) through (12) and paragraphs 

15 (14) through (19), respectively; 

16 (B) by inserting after paragraph (4) the 

17 following: 

18 ‘‘(5) The term ‘Federal agency’ means an agen19 cy, office, or other establishment in the executive, 

20 legislative, or judicial branch of the Federal Govern21 ment.’’; and 

22 (C) by inserting after paragraph (12), as 

23 so redesignated, the following: 
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1 ‘‘(13) The term ‘uniformed services’ has the 

2 meaning given the term in section 101(a) of title 10, 

3 United States Code.’’; and 

4 (2) in section 3311(a) (42 U.S.C. 300mm– 

5 21(a))— 

6 (A) in paragraph (2)(C)(i)— 

7 (i) in subclause (I), by striking ‘‘; or’’ 

8 and inserting a semicolon; 

9 (ii) in subclause (II), by striking ‘‘; 

10 and’’ and inserting a semicolon; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(III) was an employee of the Depart14 ment of Defense or any other Federal 

15 agency, worked during the period begin16 ning on September 11, 2001, and ending 

17 on September 18, 2001, for a contractor of 

18 the Department of Defense or any other 

19 Federal agency, or was a member of a reg20 ular or reserve component of the uni21 formed services; and performed rescue, re22 covery, demolition, debris cleanup, or other 

23 related services at the Pentagon site of the 

24 terrorist-related aircraft crash of Sep25 tember 11, 2001, during the period begin-
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1 ning on September 11, 2001, and ending 

2 on the date on which the cleanup of the 

3 site was concluded, as determined by the 

4 WTC Program Administrator; or 

5 ‘‘(IV) was an employee of the Depart6 ment of Defense or any other Federal 

7 agency, worked during the period begin8 ning on September 11, 2001, and ending 

9 on September 18, 2001, for a contractor of 

10 the Department of Defense or any other 

11 Federal agency, or was a member of a reg12 ular or reserve component of the uni13 formed services; and performed rescue, re14 covery, demolition, debris cleanup, or other 

15 related services at the Shanksville, Penn16 sylvania, site of the terrorist-related air17 craft crash of September 11, 2001, during 

18 the period beginning on September 11, 

19 2001, and ending on the date on which the 

20 cleanup of the site was concluded, as deter21 mined by the WTC Program Adminis22 trator; and’’; and 

23 (B) in paragraph (4)(A)— 

24 (i) by striking ‘‘(A) IN GENERAL.— 

25 The’’ and inserting the following: 
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1 ‘‘(A) LIMIT.— 

2 ‘‘(i) IN GENERAL.—The’’; 

3 (ii) by inserting ‘‘or subclause (III) or 

4 (IV) of paragraph (2)(C)(i)’’ after ‘‘or 

5 (2)(A)(ii)’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(ii) CERTAIN RESPONDERS TO THE

9 SEPTEMBER 11 ATTACKS AT THE PEN10 TAGON AND SHANKSVILLE, PENNSYL11 VANIA.—The total number of individuals 

12 who may be enrolled under paragraph 

13 (3)(A)(ii) based on eligibility criteria de14 scribed in subclause (III) or (IV) of para15 graph (2)(C)(i) shall not exceed 500 at any 

16 time.’’. 

17 (b) ADDITIONAL FUNDING FOR THE WORLD TRADE

18 CENTER HEALTH PROGRAM.—Title XXXIII of the Public 

19 Health Service Act (42 U.S.C. 300mm et seq.) is amended 

20 by adding at the end the following: 

21 ‘‘SEC. 3353. SPECIAL FUND. 

22 ‘‘(a) IN GENERAL.—There is established a fund to 

23 be known as the World Trade Center Health Program 

24 Special Fund (referred to in this section as the ‘Special 
616 

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1 Fund’), consisting of amounts deposited into the Special 

2 Fund under subsection (b). 

3 ‘‘(b) AMOUNT.—Out of any money in the Treasury 

4 not otherwise appropriated, there is appropriated for fiscal 

5 year 2024 $444,000,000 for deposit into the Special 

6 Fund, which amounts shall remain available in such Fund 

7 through fiscal year 2033. 

8 ‘‘(c) USES OF FUNDS.—Amounts deposited into the 

9 Special Fund under subsection (b) shall be available, with10 out further appropriation and without regard to any 

11 spending limitation under section 3351(c), to the WTC 

12 Program Administrator as needed at the discretion of such 

13 Administrator, for carrying out any provision in this title 

14 (including sections 3303 and 3341(c)). 

15 ‘‘(d) REMAINING AMOUNTS.—Any amounts that re16 main in the Special Fund on September 30, 2033, shall 

17 be deposited into the Treasury as miscellaneous receipts. 

18 ‘‘SEC. 3354. PENTAGON/SHANKSVILLE FUND. 

19 ‘‘(a) IN GENERAL.—There is established a fund to 

20 be known as the World Trade Center Health Program 

21 Fund for Certain WTC Responders at the Pentagon and 

22 Shanksville, Pennsylvania (referred to in this section as 

23 the ‘Pentagon/Shanksville Fund’), consisting of amounts 

24 deposited into the Pentagon/Shanksville Fund under sub25 section (b). 
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1 ‘‘(b) AMOUNT.—Out of any money in the Treasury 

2 not otherwise appropriated, there is appropriated for fiscal 

3 year 2024 $232,000,000 for deposit into the Pentagon/ 

4 Shanksville Fund, which amounts shall remain available 

5 in such Fund through fiscal year 2033. 

6 ‘‘(c) USES OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—Amounts deposited into the 

8 Pentagon/Shanksville Fund under subsection (b) 

9 shall be available, without further appropriation and 

10 without regard to any spending limitation under sec11 tion 3351(c), to the WTC Program Administrator 

12 for the purpose of carrying out section 3312 with re13 gard to WTC responders enrolled in the WTC Pro14 gram based on eligibility criteria described in sub15 clause (III) or (IV) of section 3311(a)(2)(C)(i). 

16 ‘‘(2) LIMITATION ON OTHER FUNDING.—Not17 withstanding sections 3331(a), 3351(b)(1), 3352(c), 

18 and 3353(c), and any other provision in this title, 

19 for the period of fiscal years 2024 through 2033, no 

20 amounts made available under this title other than 

21 those amounts appropriated under subsection (b) 

22 may be available for the purpose described in para23 graph (1). 

24 ‘‘(d) REMAINING AMOUNTS.—Any amounts that re25 main in the Pentagon/Shanksville Fund on September 30, 
618 

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1 2033, shall be deposited into the Treasury as miscella2 neous receipts.’’. 

3 (c) CONFORMING AMENDMENTS.—Title XXXIII of 

4 the Public Health Service Act (42 U.S.C. 300mm et seq.) 

5 is amended— 

6 (1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 

7 300mm–21(a)(4)(B)(i)(II)), by striking ‘‘sections 

8 3351 and 3352’’ and inserting ‘‘this title’’; 

9 (2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 

10 300mm–31(a)(3)(B)(i)(II)), by striking ‘‘sections 

11 3351 and 3352’’ and inserting ‘‘this title’’; 

12 (3) in section 3331 (42 U.S.C. 300mm–41)— 

13 (A) in subsection (a), by striking ‘‘the 

14 World Trade Center Health Program Fund and 

15 the World Trade Center Health Program Sup16 plemental Fund’’ and inserting ‘‘(as applicable) 

17 the Funds established under sections 3351, 

18 3352, 3353, and 3354’’; and 

19 (B) in subsection (d)— 

20 (i) in paragraph (1)(A), by inserting 

21 ‘‘or the World Trade Center Health Pro22 gram Special Fund under section 3353’’ 

23 after ‘‘section 3351’’; 

24 (ii) in paragraph (1)(B), by inserting 

25 ‘‘or the World Trade Center Health Pro-
619 

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1 gram Fund for Certain WTC Responders 

2 at the Pentagon and Shanksville, Pennsyl3 vania under section 3354’’ after ‘‘section 

4 3352’’; and 

5 (iii) in paragraph (2), in the flush text 

6 following subparagraph (C), by inserting 

7 ‘‘or the World Trade Center Health Pro8 gram Fund for Certain WTC Responders 

9 at the Pentagon and Shanksville, Pennsyl10 vania under section 3354’’ after ‘‘section 

11 3352’’; and 

12 (4) in section 3351(b) (42 U.S.C. 300mm– 

13 61(b))— 

14 (A) in paragraph (2), by inserting ‘‘, the 

15 World Trade Center Health Program Special 

16 Fund under section 3353, or the World Trade 

17 Center Health Program Fund for Certain WTC 

18 Responders at the Pentagon and Shanksville, 

19 Pennsylvania under section 3354’’ before the 

20 period at the end; and 

21 (B) in paragraph (3), by inserting ‘‘, the 

22 World Trade Center Health Program Special 

23 Fund under section 3353, or the World Trade 

24 Center Health Program Fund for Certain WTC 

25 Responders at the Pentagon and Shanksville, 
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1 Pennsylvania under section 3354’’ before the 

2 period at the end. 

3 (d) ENSURING TIMELY ACCESS TO GENERICS.—Sec4 tion 505(q) of the Federal Food, Drug, and Cosmetic Act 

5 (21 U.S.C. 355(q)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (A)(i), by inserting ‘‘, 

8 10.31,’’ after ‘‘10.30’’; 

9 (B) in subparagraph (E)— 

10 (i) by striking ‘‘application and’’ and 

11 inserting ‘‘application or’’; 

12 (ii) by striking ‘‘If the Secretary’’ and 

13 inserting the following: 

14 ‘‘(i) IN GENERAL.—If the Secretary’’; 

15 and 

16 (iii) by striking the second sentence 

17 and inserting the following: 

18 ‘‘(ii) PRIMARY PURPOSE OF DELAY19 ING.— 

20 ‘‘(I) IN GENERAL.—In deter21 mining whether a petition was sub22 mitted with the primary purpose of 

23 delaying an application, the Secretary 

24 may consider the following factors: 
621 

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1 ‘‘(aa) Whether the petition 

2 was submitted in accordance with 

3 paragraph (2)(B), based on when 

4 the petitioner knew the relevant 

5 information relied upon to form 

6 the basis of such petition. 

7 ‘‘(bb) When the petition was 

8 submitted in relation to when the 

9 petitioner reasonably should have 

10 known the relevant information 

11 relied upon to form the basis of 

12 such petition. 

13 ‘‘(cc) Whether the petitioner 

14 has submitted multiple or serial 

15 petitions or supplements to peti16 tions raising issues that reason17 ably could have been known to 

18 the petitioner at the time of sub19 mission of the earlier petition or 

20 petitions. 

21 ‘‘(dd) Whether the petition 

22 was submitted close in time to a 

23 known, first date upon which an 

24 application under subsection 

25 (b)(2) or (j) of this section or 
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1 section 351(k) of the Public 

2 Health Service Act could be ap3 proved. 

4 ‘‘(ee) Whether the petition 

5 was submitted without relevant 

6 data or information in support of 

7 the scientific positions forming 

8 the basis of such petition. 

9 ‘‘(ff) Whether the petition 

10 raises the same or substantially 

11 similar issues as a prior petition 

12 to which the Secretary has re13 sponded substantively already, in14 cluding if the subsequent submis15 sion follows such response from 

16 the Secretary closely in time. 

17 ‘‘(gg) Whether the petition 

18 requests changing the applicable 

19 standards that other applicants 

20 are required to meet, including 

21 requesting testing, data, or label22 ing standards that are more on23 erous or rigorous than the stand24 ards the Secretary has deter25 mined to be applicable to the list-
623 

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1 ed drug, reference product, or pe2 titioner’s version of the same 

3 drug. 

4 ‘‘(hh) The petitioner’s 

5 record of submitting petitions to 

6 the Food and Drug Administra7 tion that have been determined 

8 by the Secretary to have been 

9 submitted with the primary pur10 pose of delay. 

11 ‘‘(ii) Other relevant and ap12 propriate factors, which the Sec13 retary shall describe in guidance. 

14 ‘‘(II) GUIDANCE.—The Secretary 

15 may issue or update guidance, as ap16 propriate, to describe factors the Sec17 retary considers in accordance with 

18 subclause (I).’’; 

19 (C) by striking subparagraph (F); 

20 (D) by redesignating subparagraphs (G) 

21 through (I) as subparagraphs (F) through (H), 

22 respectively; and 

23 (E) in subparagraph (H), as so redesig24 nated, by striking ‘‘submission of this petition’’ 

25 and inserting ‘‘submission of this document’’; 
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1 (2) in paragraph (2)— 

2 (A) by redesignating subparagraphs (A) 

3 through (C) as subparagraphs (C) through (E), 

4 respectively; 

5 (B) by inserting before subparagraph (C), 

6 as so redesignated, the following: 

7 ‘‘(A) IN GENERAL.—A person shall submit 

8 a petition to the Secretary under paragraph (1) 

9 before filing a civil action in which the person 

10 seeks to set aside, delay, rescind, withdraw, or 

11 prevent submission, review, or approval of an 

12 application submitted under subsection (b)(2) 

13 or (j) of this section or section 351(k) of the 

14 Public Health Service Act. Such petition and 

15 any supplement to such a petition shall describe 

16 all information and arguments that form the 

17 basis of the relief requested in any civil action 

18 described in the previous sentence. 

19 ‘‘(B) TIMELY SUBMISSION OF CITIZEN PE20 TITION.—A petition and any supplement to a 

21 petition shall be submitted within 180 days 

22 after the person knew the information that 

23 forms the basis of the request made in the peti24 tion or supplement.’’; 
625 

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1 (C) in subparagraph (C), as so redesig2 nated— 

3 (i) in the heading, by striking ‘‘WITH4 IN 150 DAYS’’; 

5 (ii) in clause (i), by striking ‘‘during 

6 the 150-day period referred to in para7 graph (1)(F),’’; and 

8 (iii) by amending clause (ii) to read as 

9 follows: 

10 ‘‘(ii) on or after the date that is 151 

11 days after the date of submission of the 

12 petition, the Secretary approves or has ap13 proved the application that is the subject 

14 of the petition without having made such a 

15 final decision.’’; 

16 (D) by amending subparagraph (D), as so 

17 redesignated, to read as follows: 

18 ‘‘(D) DISMISSAL OF CERTAIN CIVIL AC19 TIONS.— 

20 ‘‘(i) PETITION.—If a person files a 

21 civil action against the Secretary in which 

22 a person seeks to set aside, delay, rescind, 

23 withdraw, or prevent submission, review, or 

24 approval of an application submitted under 

25 subsection (b)(2) or (j) of this section or 
626 

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1 section 351(k) of the Public Health Service 

2 Act without complying with the require3 ments of subparagraph (A), the court shall 

4 dismiss without prejudice the action for 

5 failure to exhaust administrative remedies. 

6 ‘‘(ii) TIMELINESS.—If a person files a 

7 civil action against the Secretary in which 

8 a person seeks to set aside, delay, rescind, 

9 withdraw, or prevent submission, review, or 

10 approval of an application submitted under 

11 subsection (b)(2) or (j) of this section or 

12 section 351(k) of the Public Health Service 

13 Act without complying with the require14 ments of subparagraph (B), the court shall 

15 dismiss with prejudice the action for fail16 ure to timely file a petition. 

17 ‘‘(iii) FINAL RESPONSE.—If a civil ac18 tion is filed against the Secretary with re19 spect to any issue raised in a petition time20 ly filed under paragraph (1) in which the 

21 petitioner requests that the Secretary take 

22 any form of action that could, if taken, set 

23 aside, delay, rescind, withdraw, or prevent 

24 submission, review, or approval of an appli25 cation submitted under subsection (b)(2) 
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1 or (j) of this section or section 351(k) of 

2 the Public Health Service Act before the 

3 Secretary has taken final agency action on 

4 the petition within the meaning of sub5 paragraph (C), the court shall dismiss 

6 without prejudice the action for failure to 

7 exhaust administrative remedies.’’; and 

8 (E) in clause (iii) of subparagraph (E), as 

9 so redesignated, by striking ‘‘as defined under 

10 subparagraph (2)(A)’’ and inserting ‘‘within the 

11 meaning of subparagraph (C)’’; and 

12 (3) in paragraph (4)— 

13 (A) by striking ‘‘EXCEPTIONS’’ in the 

14 paragraph heading and all that follows through 

15 ‘‘This subsection does’’ and inserting ‘‘EXCEP16 TIONS.—This subsection does’’; 

17 (B) by striking subparagraph (B); and 

18 (C) by redesignating clauses (i) and (ii) as 

19 subparagraphs (A) and (B), respectively, and 

20 adjusting the margins accordingly. 

21 SEC. 1088. REAUTHORIZATION OF VOLUNTARY REGISTRY 

22 FOR FIREFIGHTER CANCER INCIDENCE. 

23 Section 2(h) of the Firefighter Cancer Registry Act 

24 of 2018 (42 U.S.C. 280e–5(h)) is amended by striking 

25 ‘‘$2,500,000 for each of the fiscal years 2018 through 
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1 2022’’ and inserting ‘‘$5,500,000 for each of fiscal years 

2 2024 through 2028’’. 

3 SEC. 1089. REQUIREMENT FOR UNQUALIFIED OPINION ON 

4 FINANCIAL STATEMENT. 

5 The Secretary of Defense shall ensure that the De6 partment of Defense has received an unqualified opinion 

7 on its financial statements by October 1, 2027. 

8 SEC. 1090. BRIEFING ON AIR NATIONAL GUARD ACTIVE AS9 SOCIATIONS. 

10 Not later than November 1, 2023, the Secretary of 

11 the Air Force shall brief the Committee on Armed Services 

12 of the Senate and the Committee on Armed Services of 

13 the House of Representatives on the potential increase in 

14 air refueling capacity and cost savings, including man15 power, to be achieved by making all Air National Guard 

16 KC–135 units active associations. 

17 SEC. 1090A. INFORMING CONSUMERS ABOUT SMART DE18 VICES ACT. 

19 (a) REQUIRED DISCLOSURE OF A CAMERA OR RE20 CORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED

21 DEVICES.—Each manufacturer of a covered device shall 

22 disclose, clearly and conspicuously and prior to purchase, 

23 whether the covered device manufactured by the manufac24 turer contains a camera or microphone as a component 

25 of the covered device. 
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1 (b) ENFORCEMENT BY THE FEDERAL TRADE COM2 MISSION.— 

3 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC4 TICES.—A violation of subsection (a) shall be treated 

5 as a violation of a rule defining an unfair or decep6 tive act or practice prescribed under section 

7 18(a)(1)(B) of the Federal Trade Commission Act 

8 (15 U.S.C. 57a(a)(1)(B)). 

9 (2) ACTIONS BY THE COMMISSION.— 

10 (A) IN GENERAL.—The Federal Trade 

11 Commission (in this section referred to as the 

12 ‘‘Commission’’) shall enforce this section in the 

13 same manner, by the same means, and with the 

14 same jurisdiction, powers, and duties as though 

15 all applicable terms and provisions of the Fed16 eral Trade Commission Act (15 U.S.C. 41 et 

17 seq.) were incorporated into and made a part of 

18 this section. 

19 (B) PENALTIES AND PRIVILEGES.—Any 

20 person who violates this section or a regulation 

21 promulgated under this section shall be subject 

22 to the penalties and entitled to the privileges 

23 and immunities provided in the Federal Trade 

24 Commission Act (15 U.S.C. 41 et seq.). 
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1 (C) SAVINGS CLAUSE.—Nothing in this 

2 section shall be construed to limit the authority 

3 of the Commission under any other provision of 

4 law. 

5 (3) COMMISSION GUIDANCE.—Not later than 

6 180 days after the date of enactment of this section, 

7 the Commission, through outreach to relevant pri8 vate entities, shall issue guidance to assist manufac9 turers in complying with the requirements of this 

10 section, including guidance about best practices for 

11 making the disclosure required by subsection (a) as 

12 clear and conspicuous and age appropriate as prac13 ticable and about best practices for the use of a pic14 torial (as defined in section 2(a) of the Consumer 

15 Review Fairness Act of 2016 (15 U.S.C. 45b(a))) 

16 visual representation of the information to be dis17 closed. 

18 (4) TAILORED GUIDANCE.—A manufacturer of 

19 a covered device may petition the Commission for 

20 tailored guidance as to how to meet the require21 ments of subsection (a) consistent with existing rules 

22 of practice or any successor rules. 

23 (5) LIMITATION ON COMMISSION GUIDANCE.— 

24 No guidance issued by the Commission with respect 

25 to this section shall confer any rights on any person, 
631 

†S 2226 ES

1 State, or locality, nor shall operate to bind the Com2 mission or any person to the approach recommended 

3 in such guidance. In any enforcement action brought 

4 pursuant to this section, the Commission shall allege 

5 a specific violation of a provision of this section. The 

6 Commission may not base an enforcement action on, 

7 or execute a consent order based on, practices that 

8 are alleged to be inconsistent with any such guide9 lines, unless the practices allegedly violate subsection 

10 (a). 

11 (c) DEFINITION OF COVERED DEVICE.—In this sec12 tion, the term ‘‘covered device’’— 

13 (1) means a consumer product, as defined by 

14 section 3(a) of the Consumer Product Safety Act 

15 (15 U.S.C. 2052(a)) that is capable of connecting to 

16 the internet, a component of which is a camera or 

17 microphone; and 

18 (2) does not include— 

19 (A) a telephone (including a mobile phone), 

20 a laptop, tablet, or any device that a consumer 

21 would reasonably expect to have a microphone 

22 or camera; 

23 (B) any device that is specifically marketed 

24 as a camera, telecommunications device, or 

25 microphone; or 
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1 (C) any device or apparatus described in 

2 sections 255, 716, and 718, and subsections 

3 (aa) and (bb) of section 303 of the Communica4 tions Act of 1934 (47 U.S.C. 255; 617; 619; 

5 and 303(aa) and (bb)), and any regulations 

6 promulgated thereunder. 

7 (d) EFFECTIVE DATE.—This section shall apply to 

8 all covered devices manufactured after the date that is 180 

9 days after the date on which guidance is issued by the 

10 Commission under subsection (b)(3), and shall not apply 

11 to covered devices manufactured or sold before such date, 

12 or otherwise introduced into interstate commerce before 

13 such date. 

14 SEC. 1090B. IMPROVING PROCESSING BY DEPARTMENT OF 

15 VETERANS AFFAIRS OF DISABILITY CLAIMS 

16 FOR POST-TRAUMATIC STRESS DISORDER 

17 THROUGH IMPROVED TRAINING. 

18 (a) SHORT TITLE.—This section may be cited as the 

19 ‘‘Department of Veterans Affairs Post-Traumatic Stress 

20 Disorder Processing Claims Improvement Act of 2023’’. 

21 (b) FORMAL PROCESS FOR CONDUCT OF ANNUAL

22 ANALYSIS OF TRAINING NEEDS BASED ON TRENDS.— 

23 Not later than 180 days after the date of the enactment 

24 of this Act, the Secretary of Veterans Affairs, acting 

25 through the Under Secretary for Benefits, shall establish 
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1 a formal process to analyze, on an annual basis, training 

2 needs of employees of the Department who review claims 

3 for disability compensation for service-connected post4 traumatic stress disorder, based on identified processing 

5 error trends. 

6 (c) FORMAL PROCESS FOR CONDUCT OF ANNUAL

7 STUDIES TO SUPPORT ANNUAL ANALYSIS.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, the Sec10 retary, acting through the Under Secretary, shall es11 tablish a formal process to conduct, on an annual 

12 basis, studies to help guide the process established 

13 under subsection (b). 

14 (2) ELEMENTS.—Each study conducted under 

15 paragraph (1) shall cover the following: 

16 (A) Military post-traumatic stress disorder 

17 stressors. 

18 (B) Decision-making claims for claims 

19 processors. 

20 SEC. 1090C. U.S. HOSTAGE AND WRONGFUL DETAINEE DAY 

21 ACT OF 2023. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘U.S. Hostage and Wrongful Detainee Day Act of 2023’’. 

24 (b) DESIGNATION.— 
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1 (1) HOSTAGE AND WRONGFUL DETAINEE

2 DAY.— 

3 (A) IN GENERAL.—Chapter 1 of title 36, 

4 United States Code, is amended— 

5 (i) by redesignating the second section 

6 146 (relating to Choose Respect Day) as 

7 section 147; and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘§ 148. U.S. Hostage and Wrongful Detainee Day 

11 ‘‘(a) DESIGNATION.—March 9 is U.S. Hostage and 

12 Wrongful Detainee Day. 

13 ‘‘(b) PROCLAMATION.—The President is requested to 

14 issue each year a proclamation calling on the people of 

15 the United States to observe U.S. Hostage and Wrongful 

16 Detainee Day with appropriate ceremonies and activi17 ties.’’. 

18 (B) TECHNICAL AND CONFORMING AMEND19 MENT.—The table of sections for chapter 1 of 

20 title 36, United States Code, is amended by 

21 striking the item relating to the second section 

22 146 and inserting the following new items: 

‘‘147. Choose Respect Day. 

‘‘148. U.S. Hostage and Wrongful Detainee Day.’’. 

23 (2) HOSTAGE AND WRONGFUL DETAINEE

24 FLAG.— 
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1 (A) IN GENERAL.—Chapter 9 of title 36, 

2 United States Code, is amended by adding at 

3 the end the following new section: 

4 ‘‘§ 904. Hostage and Wrongful Detainee flag 

5 ‘‘(a) DESIGNATION.—The Hostage and Wrongful De6 tainee flag championed by the Bring Our Families Home 

7 Campaign is designated as the symbol of the commitment 

8 of the United States to recognizing, and prioritizing the 

9 freedom of, citizens and lawful permanent residents of the 

10 United States held as hostages or wrongfully detained 

11 abroad. 

12 ‘‘(b) REQUIRED DISPLAY.— 

13 ‘‘(1) IN GENERAL.—The Hostage and Wrongful 

14 Detainee flag shall be displayed at the locations 

15 specified in paragraph (3) on the days specified in 

16 paragraph (2). 

17 ‘‘(2) DAYS SPECIFIED.—The days specified in 

18 this paragraph are the following: 

19 ‘‘(A) U.S. Hostage and Wrongful Detainee 

20 Day, March 9. 

21 ‘‘(B) Flag Day, June 14. 

22 ‘‘(C) Independence Day, July 4. 

23 ‘‘(D) Any day on which a citizen or lawful 

24 permanent resident of the United States— 
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1 ‘‘(i) returns to the United States from 

2 being held hostage or wrongfully detained 

3 abroad; or 

4 ‘‘(ii) dies while being held hostage or 

5 wrongfully detained abroad. 

6 ‘‘(3) LOCATIONS SPECIFIED.—The locations 

7 specified in this paragraph are the following: 

8 ‘‘(A) The Capitol. 

9 ‘‘(B) The White House. 

10 ‘‘(C) The buildings containing the official 

11 office of— 

12 ‘‘(i) the Secretary of State; and 

13 ‘‘(ii) the Secretary of Defense. 

14 ‘‘(c) DISPLAY TO BE IN A MANNER VISIBLE TO THE

15 PUBLIC.—Display of the Hostage and Wrongful Detainee 

16 flag pursuant to this section shall be in a manner designed 

17 to ensure visibility to the public. 

18 ‘‘(d) LIMITATION.—This section may not be con19 strued or applied so as to require any employee to report 

20 to work solely for the purpose of providing for the display 

21 of the Hostage and Wrongful Detainee flag.’’. 

22 (B) TECHNICAL AND CONFORMING AMEND23 MENT.—The table of sections for chapter 9 of 

24 title 36, United States Code, is amended by 

25 adding at the end the following: 

‘‘904. Hostage and Wrongful Detainee flag.’’. 
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1 SEC. 1090D. PROHIBITION ON PROVISION OF AIRPORT IM2 PROVEMENT GRANT FUNDS TO CERTAIN EN3 TITIES THAT HAVE VIOLATED INTELLECTUAL 

4 PROPERTY RIGHTS OF UNITED STATES ENTI5 TIES. 

6 (a) IN GENERAL.—During the period beginning on 

7 the date that is 30 days after the date of the enactment 

8 of this section, amounts provided as project grants under 

9 subchapter I of chapter 471 of title 49, United States 

10 Code, may not be used to enter into a contract described 

11 in subsection (b) with any entity on the list required by 

12 subsection (c). 

13 (b) CONTRACT DESCRIBED.—A contract described in 

14 this subsection is a contract or other agreement for the 

15 procurement of infrastructure or equipment for a pas16 senger boarding bridge at an airport. 

17 (c) LIST REQUIRED.— 

18 (1) IN GENERAL.—Not later than 30 days after 

19 the date of enactment of this Act, and thereafter as 

20 required by paragraph (2), the United States Trade 

21 Representative, and the Administrator of the Fed22 eral Aviation Administration shall make available to 

23 the Administrator of the Federal Aviation Adminis24 tration a publicly-available a list of entities manufac25 turing airport passenger boarding infrastructure or 

26 equipment that— 
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1 (A) are owned, directed by, or subsidized 

2 in whole, or in part by the People’s Republic of 

3 China; 

4 (B) have been determined by a Federal 

5 court to have misappropriated intellectual prop6 erty or trade secrets from an entity organized 

7 under the laws of the United States or any ju8 risdiction within the United States; 

9 (C) own or control, are owned or controlled 

10 by, are under common ownership or control 

11 with, or are successors to, an entity described 

12 in subparagraph (A); 

13 (D) own or control, are under common 

14 ownership or control with, or are successors to, 

15 an entity described in subparagraph (A); or 

16 (E) have entered into an agreement with 

17 or accepted funding from, whether in the form 

18 of minority investment interest or debt, have 

19 entered into a partnership with, or have entered 

20 into another contractual or other written ar21 rangement with, an entity described in subpara22 graph (A). 

23 (2) UPDATES TO LIST.—The United States 

24 Trade Representative shall update the list required 

25 by paragraph (1), based on information provided by 
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1 the Administrator of the Federal Aviation Adminis2 tration, in consultation with the Attorney General— 

3 (A) not less frequently than every 90 days 

4 during the 180-day period following the initial 

5 publication of the list under paragraph (1); and 

6 (B) not less frequently than annually 

7 thereafter. 

8 (d) DEFINITIONS.—In this section, the definitions in 

9 section 47102 of title 49, United States Code, shall apply. 

10 SEC. 1090E. CONDUCT OF WINTER SEASON RECONNAIS11 SANCE OF ATMOSPHERIC RIVERS IN THE 

12 WESTERN UNITED STATES. 

13 (a) CONDUCT OF RECONNAISSANCE.— 

14 (1) IN GENERAL.—Subject to the availability of 

15 appropriations, the 53rd Weather Reconnaissance 

16 Squadron of the Air Force Reserve Command and 

17 the Administrator of the National Oceanic and At18 mospheric Administration may use aircraft, per19 sonnel, and equipment necessary to meet the mission 

20 requirements of the 53rd Weather Reconnaissance 

21 Squadron of the Air Force Reserve Command and 

22 the National Oceanic and Atmospheric Administra23 tion if those aircraft, personnel, and equipment are 

24 not otherwise needed for hurricane monitoring and 

25 response. 
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1 (2) ACTIVITIES.—In carrying out paragraph 

2 (1), the 53rd Weather Reconnaissance Squadron of 

3 the Air Force Reserve Command, in consultation 

4 with the Administrator of the National Oceanic and 

5 Atmospheric Administration and appropriate line of6 fices of the National Oceanic and Atmospheric Ad7 ministration, may— 

8 (A) improve the accuracy and timeliness of 

9 observations to support the forecast and warn10 ing services of the National Weather Service for 

11 the coasts of the United States; 

12 (B) collect data in data-sparse regions 

13 where conventional, upper-air observations are 

14 lacking; 

15 (C) support water management decisions 

16 and flood forecasting through the execution of 

17 targeted airborne dropsonde, buoys, autono18 mous platform observations, satellite observa19 tions, remote sensing observations, and other 

20 observation platforms as appropriate, including 

21 enhanced assimilation of the data from those 

22 observations over the eastern, central, and west23 ern north Pacific Ocean, the Gulf of Mexico, 

24 and the western Atlantic Ocean to improve fore-
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1 casts of large storms for civil authorities and 

2 military decision makers; 

3 (D) participate in the research and oper4 ations partnership that guides flight planning 

5 and uses research methods to improve and ex6 pand the capabilities and effectiveness of weath7 er reconnaissance over time; and 

8 (E) undertake such other additional activi9 ties as the Administrator of the National Oce10 anic and Atmospheric Administration, in col11 laboration with the 53rd Weather Reconnais12 sance Squadron, considers appropriate to fur13 ther prediction of dangerous weather events. 

14 (b) REPORTS.— 

15 (1) AIR FORCE.— 

16 (A) IN GENERAL.—Not later than 90 days 

17 after the date of the enactment of this Act, the 

18 Secretary of the Air Force, in consultation with 

19 the Administrator of the National Oceanic and 

20 Atmospheric Administration, shall submit to the 

21 appropriate committees of Congress a com22 prehensive report on the resources necessary for 

23 the 53rd Weather Reconnaissance Squadron of 

24 the Air Force Reserve Command to continue to 

25 support, through December 31, 2035— 
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1 (i) the National Hurricane Operations 

2 Plan; 

3 (ii) the National Winter Season Oper4 ations Plan; and 

5 (iii) any other operational require6 ments relating to weather reconnaissance. 

7 (B) APPROPRIATE COMMITTEES OF CON8 GRESS.—In this paragraph, the term ‘‘appro9 priate committees of Congress’’ means— 

10 (i) the Committee on Armed Services 

11 of the Senate; 

12 (ii) the Subcommittee on Defense of 

13 the Committee on Appropriations of the 

14 Senate; 

15 (iii) the Committee on Commerce, 

16 Science, and Transportation of the Senate; 

17 (iv) the Committee on Science, Space, 

18 and Technology of the House of Represent19 atives; 

20 (v) the Committee on Armed Services 

21 of the House of Representatives; and 

22 (vi) the Subcommittee on Defense of 

23 the Committee on Appropriations of the 

24 House of Representatives. 
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1 (2) COMMERCE.—Not later than 90 days after 

2 the date of the enactment of this Act, the Secretary 

3 of Commerce shall submit to the Committee on 

4 Commerce, Science, and Transportation of the Sen5 ate and the Committee on Science, Space, and Tech6 nology of the House of Representatives a com7 prehensive report on the resources necessary for the 

8 National Oceanic and Atmospheric Administration 

9 to continue to support, through December 31, 

10 2035— 

11 (A) the National Hurricane Operations 

12 Plan; 

13 (B) the National Winter Season Oper14 ations Plan; and 

15 (C) any other operational requirements re16 lating to weather reconnaissance. 

17 SEC. 1090F. NATIONAL COLD WAR CENTER DESIGNATION. 

18 (a) PURPOSES.—The purposes of this section are— 

19 (1) to designate the museum located at Blythe20 ville/Eaker Air Force Base in Blytheville, Arkansas, 

21 including its future and expanded exhibits, collec22 tions, and educational programs, as a ‘‘National 

23 Cold War Center’’; 
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1 (2) to recognize the preservation, maintenance, 

2 and interpretation of the artifacts, documents, im3 ages, and history collected by the Center; 

4 (3) to enhance the knowledge of the American 

5 people of the experience of the United States during 

6 the Cold War years; and 

7 (4) to ensure that all future generations under8 stand the sacrifices made to preserve freedom and 

9 democracy, and the benefits of peace for all future 

10 generations in the 21st century and beyond. 

11 (b) DESIGNATION.— 

12 (1) IN GENERAL.—The museum located at 

13 Blytheville/Eaker Air Force Base in Blytheville, Ar14 kansas, is designated as a ‘‘National Cold War Cen15 ter’’. 

16 (2) RULE OF CONSTRUCTION.—Nothing in this 

17 section shall preclude the designation of other na18 tional centers or museums in the United States in19 terpreting the Cold War. 

20 (c) EFFECT OF DESIGNATION.—The National Cold 

21 War Center designated by this section is not a unit of the 

22 National Park System, and the designation of the center 

23 as a National Cold War Center shall not be construed to 

24 require or permit Federal funds to be expended for any 

25 purpose related to the designation made by this section. 
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1 SEC. 1090G. SEMICONDUCTOR PROGRAM. 

2 Title XCIX of division H of the William M. (Mac) 

3 Thornberry National Defense Authorization Act for Fiscal 

4 Year 2021 (15 U.S.C. 4651 et seq.) is amended— 

5 (1) in section 9902 (15 U.S.C. 4652)— 

6 (A) by redesignating subsections (h) and 

7 (i) as subsections (i) and (j), respectively; and 

8 (B) by inserting after subsection (g) the 

9 following: 

10 ‘‘(h) AUTHORITY RELATING TO ENVIRONMENTAL

11 REVIEW.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, the provision by the Secretary of 

14 Federal financial assistance for a project described 

15 in this section that satisfies the requirements under 

16 subsection (a)(2)(C)(i) of this section shall not be 

17 considered to be a major Federal action under 

18 NEPA or an undertaking for the purposes of divi19 sion A of subtitle III of title 54, United States Code, 

20 if— 

21 ‘‘(A) the activity described in the applica22 tion for that project has commenced not later 

23 than 1 year after the date of enactment of the 

24 National Defense Authorization Act for Fiscal 

25 Year 2024; 
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1 ‘‘(B) the Federal financial assistance pro2 vided is in the form of a loan or loan guarantee; 

3 or 

4 ‘‘(C) the Federal financial assistance pro5 vided, excluding any loan or loan guarantee, 

6 comprises not more than 10 percent of the total 

7 estimated cost of the project. 

8 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub9 section may be construed as altering whether an ac10 tivity described in subparagraph (A), (B), or (C) of 

11 paragraph (1) is considered to be a major Federal 

12 action under NEPA, or an undertaking under divi13 sion A of subtitle III of title 54, United States Code, 

14 for a reason other than that the activity is eligible 

15 for Federal financial assistance provided under this 

16 section.’’; and 

17 (2) in section 9909 (15 U.S.C. 4659), by add18 ing at the end the following: 

19 ‘‘(c) LEAD FEDERAL AGENCY AND COOPERATING

20 AGENCIES.— 

21 ‘‘(1) DEFINITION.—In this subsection, the term 

22 ‘lead agency’ has the meaning given the term in sec23 tion 111 of NEPA. 

24 ‘‘(2) OPTION TO SERVE AS LEAD AGENCY.— 

25 With respect to a covered activity that is a major 
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1 Federal action under NEPA, and with respect to 

2 which the Department of Commerce is authorized or 

3 required by law to issue an authorization or take ac4 tion for or relating to that covered activity, the De5 partment of Commerce shall have the first right to 

6 serve as the lead agency with respect to that covered 

7 activity under NEPA. 

8 ‘‘(d) CATEGORICAL EXCLUSIONS.— 

9 ‘‘(1) ESTABLISHMENT OF CATEGORICAL EXCLU10 SIONS.—Each of the following categorical exclusions 

11 is established for the National Institute of Standards 

12 and Technology with respect to a covered activity 

13 and, beginning on the date of enactment of this sub14 section, is available for use by the Secretary with re15 spect to a covered activity: 

16 ‘‘(A) Categorical exclusion 17.04.d (relat17 ing to the acquisition of machinery and equip18 ment) in the document entitled ‘EDA Program 

19 to Implement the National Environmental Pol20 icy Act of 1969 and Other Federal Environ21 mental Mandates As Required’ (Directive No. 

22 17.02–2; effective date October 14, 1992). 

23 ‘‘(B) Categorical exclusion A9 in Appendix 

24 A to subpart D of part 1021 of title 10, Code 
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1 of Federal Regulations, or any successor regula2 tion. 

3 ‘‘(C) Categorical exclusions B1.24, B1.31, 

4 B2.5, and B5.1 in Appendix B to subpart D of 

5 part 1021 of title 10, Code of Federal Regula6 tions, or any successor regulation. 

7 ‘‘(D) The categorical exclusions described 

8 in paragraphs (4) and (13) of section 50.19(b) 

9 of title 24, Code of Federal Regulations, or any 

10 successor regulation. 

11 ‘‘(E) Categorical exclusion (c)(1) in Appen12 dix B to part 651 of title 32, Code of Federal 

13 Regulations, or any successor regulation. 

14 ‘‘(F) Categorical exclusions A2.3.8 and 

15 A2.3.14 in Appendix B to part 989 of title 32, 

16 Code of Federal Regulations, or any successor 

17 regulation. 

18 ‘‘(2) ADDITIONAL CATEGORICAL EXCLU19 SIONS.—Notwithstanding any other provision of law, 

20 each of the following shall be treated as a category 

21 of action categorically excluded from the require22 ments relating to environmental assessments and en23 vironmental impact statements under section 1501.4 

24 of title 40, Code of Federal Regulations, or any suc25 cessor regulation: 
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1 ‘‘(A) The provision by the Secretary of any 

2 Federal financial assistance for a project de3 scribed in section 9902, if the facility that is 

4 the subject of the project is on or adjacent to 

5 a site— 

6 ‘‘(i) that is owned or leased by the 

7 covered entity to which Federal financial 

8 assistance is provided for that project; and 

9 ‘‘(ii) on which, as of the date on which 

10 the Secretary provides that Federal finan11 cial assistance, substantially similar con12 struction, expansion, or modernization is 

13 being or has been carried out, such that 

14 the facility would not more than double ex15 isting developed acreage or on-site sup16 porting infrastructure. 

17 ‘‘(B) The provision by the Secretary of De18 fense of any Federal financial assistance relat19 ing to— 

20 ‘‘(i) the creation, expansion, or mod21 ernization of one or more facilities de22 scribed in the second sentence of section 

23 9903(a)(1); or 
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1 ‘‘(ii) carrying out section 9903(b), as 

2 in effect on the date of enactment of this 

3 subsection. 

4 ‘‘(C) Any activity undertaken by the Sec5 retary relating to carrying out section 9906, as 

6 in effect on the date of enactment of this sub7 section. 

8 ‘‘(e) INCORPORATION OF PRIOR PLANNING DECI9 SIONS.— 

10 ‘‘(1) DEFINITION.—In this subsection, the term 

11 ‘prior studies and decisions’ means baseline data, 

12 planning documents, studies, analyses, decisions, 

13 and documentation that a Federal agency has com14 pleted for a project (or that have been completed 

15 under the laws and procedures of a State or Indian 

16 Tribe), including for determining the reasonable 

17 range of alternatives for that project. 

18 ‘‘(2) RELIANCE ON PRIOR STUDIES AND DECI19 SIONS.—In completing an environmental review 

20 under NEPA for a covered activity, the Secretary 

21 may consider and, as appropriate, rely on or adopt 

22 prior studies and decisions, if the Secretary deter23 mines that— 

24 ‘‘(A) those prior studies and decisions meet 

25 the standards for an adequate statement, as-
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1 sessment, or determination under applicable 

2 procedures of the Department of Commerce im3 plementing the requirements of NEPA; 

4 ‘‘(B) in the case of prior studies and deci5 sions completed under the laws and procedures 

6 of a State or Indian Tribe, those laws and pro7 cedures are of equal or greater rigor than those 

8 of each applicable Federal law, including 

9 NEPA, implementing procedures of the Depart10 ment of Commerce; or 

11 ‘‘(C) if applicable, the prior studies and de12 cisions are informed by other analysis or docu13 mentation that would have been prepared if the 

14 prior studies and decisions were prepared by 

15 the Secretary under NEPA. 

16 ‘‘(f) DEFINITIONS.—In this section: 

17 ‘‘(1) COVERED ACTIVITY.—The term ‘covered 

18 activity’ means any activity relating to the construc19 tion, expansion, or modernization of a facility, the 

20 investment in which is eligible for Federal financial 

21 assistance under section 9902 or 9906. 

22 ‘‘(2) NEPA.—The term ‘NEPA’ means the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 

24 4321 et seq.).’’. 
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1 SEC. 1090H. PROHIBITION OF DEMAND FOR BRIBE. 

2 Section 201 of title 18, United States Code, is 

3 amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (2), by striking ‘‘and’’ at 

6 the end; 

7 (B) in paragraph (3), by striking the pe8 riod at the end and inserting a semicolon; and 

9 (C) by adding at the end the following: 

10 ‘‘(4) the term ‘foreign official’ means— 

11 ‘‘(A)(i) any official or employee of a for12 eign government or any department, agency, or 

13 instrumentality thereof; or 

14 ‘‘(ii) any senior foreign political figure, as 

15 defined in section 1010.605 of title 31, Code of 

16 Federal Regulations, or any successor regula17 tion; 

18 ‘‘(B) any official or employee of a public 

19 international organization; 

20 ‘‘(C) any person acting in an official ca21 pacity for or on behalf of— 

22 ‘‘(i) a government, department, agen23 cy, or instrumentality described in sub24 paragraph (A)(i); or 

25 ‘‘(ii) a public international organiza26 tion; or 
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1 ‘‘(D) any person acting in an unofficial ca2 pacity for or on behalf of— 

3 ‘‘(i) a government, department, agen4 cy, or instrumentality described in sub5 paragraph (A)(i); or 

6 ‘‘(ii) a public international organiza7 tion; and 

8 ‘‘(5) the term ‘public international organization’ 

9 means— 

10 ‘‘(A) an organization that is designated by 

11 Executive order pursuant to section 1 of the 

12 International Organizations Immunities Act (22 

13 U.S.C. 288); or 

14 ‘‘(B) any other international organization 

15 that is designated by the President by Execu16 tive order for the purposes of this section, effec17 tive as of the date of publication of such order 

18 in the Federal Register.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(f) PROHIBITION OF DEMAND FOR A BRIBE.— 

21 ‘‘(1) OFFENSE.—It shall be unlawful for any 

22 foreign official or person selected to be a foreign of23 ficial to corruptly demand, seek, receive, accept, or 

24 agree to receive or accept, directly or indirectly, any25 thing of value personally or for any other person or 
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1 nongovernmental entity, by making use of the mails 

2 or any means or instrumentality of interstate com3 merce, from any person (as defined in section 104A 

4 of the Foreign Corrupt Practices Act of 1977 (15 

5 U.S.C. 78dd–3), except that that definition shall be 

6 applied without regard to whether the person is an 

7 offender) while in the territory of the United States, 

8 from an issuer (as defined in section 3(a) of the Se9 curities Exchange Act of 1934 (15 U.S.C. 78c(a))), 

10 or from a domestic concern (as defined in section 

11 104 of the Foreign Corrupt Practices Act of 1977 

12 (15 U.S.C. 78dd–2)), in return for— 

13 ‘‘(A) being influenced in the performance 

14 of any official act; 

15 ‘‘(B) being induced to do or omit to do any 

16 act in violation of the official duty of such for17 eign official or person; or 

18 ‘‘(C) conferring any improper advantage, 

19 in connection with obtaining or retaining business 

20 for or with, or directing business to, any person. 

21 ‘‘(2) PENALTIES.—Any person who violates 

22 paragraph (1) shall be fined not more than 

23 $250,000 or 3 times the monetary equivalent of the 

24 thing of value, imprisoned for not more than 15 

25 years, or both. 
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1 ‘‘(3) JURISDICTION.—An offense under para2 graph (1) shall be subject to extraterritorial Federal 

3 jurisdiction. 

4 ‘‘(4) REPORT.—Not later than 1 year after the 

5 date of enactment of the Foreign Extortion Preven6 tion Act, and annually thereafter, the Attorney Gen7 eral, in consultation with the Secretary of State as 

8 relevant, shall submit to the Committee on the Judi9 ciary and the Committee on Foreign Relations of the 

10 Senate and the Committee on the Judiciary and the 

11 Committee on Foreign Affairs of the House of Rep12 resentatives, and post on the publicly available 

13 website of the Department of Justice, a report— 

14 ‘‘(A) focusing, in part, on demands by for15 eign officials for bribes from entities domiciled 

16 or incorporated in the United States, and the 

17 efforts of foreign governments to prosecute such 

18 cases; 

19 ‘‘(B) addressing United States diplomatic 

20 efforts to protect entities domiciled or incor21 porated in the United States from foreign brib22 ery, and the effectiveness of those efforts in 

23 protecting such entities; 

24 ‘‘(C) summarizing major actions taken 

25 under this section in the previous year, includ-
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1 ing enforcement actions taken and penalties im2 posed; 

3 ‘‘(D) evaluating the effectiveness of the 

4 Department of Justice in enforcing this section; 

5 and 

6 ‘‘(E) detailing what resources or legislative 

7 action the Department of Justice needs to en8 sure adequate enforcement of this section. 

9 ‘‘(5) RULE OF CONSTRUCTION.—This sub10 section shall not be construed as encompassing con11 duct that would violate section 30A of the Securities 

12 Exchange Act of 1934 (15 U.S.C. 78dd–1) or sec13 tion 104 or 104A of the Foreign Corrupt Practices 

14 Act of 1977 (15 U.S.C. 78dd–2; 15 U.S.C. 78dd– 

15 3) whether pursuant to a theory of direct liability, 

16 conspiracy, complicity, or otherwise.’’. 

17 SEC. 1090I. STUDIES AND REPORTS ON TREATMENT OF 

18 SERVICE OF CERTAIN MEMBERS OF THE 

19 ARMED FORCES WHO SERVED IN FEMALE 

20 CULTURAL SUPPORT TEAMS. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) In 2010, the Commander of United States 

23 Special Operations Command established the Cul24 tural Support Team Program to overcome signifi-
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1 cant intelligence gaps during the Global War on Ter2 ror. 

3 (2) From 2010 through 2021, approximately 

4 310 female members, from every Armed Force, 

5 passed and were selected as members of female cul6 tural support teams, and deployed with special oper7 ations forces. 

8 (3) Members of female cultural support teams 

9 served honorably, demonstrated commendable cour10 age, overcame such intelligence gaps, engaged in di11 rect action, and suffered casualties during the Glob12 al War on Terror. 

13 (4) The Federal Government has a duty to rec14 ognize members and veterans of female cultural sup15 port teams who volunteered to join the Armed 

16 Forces, to undergo arduous training for covered 

17 service, and to execute dangerous and classified mis18 sions in the course of such covered service. 

19 (5) Members who performed covered service 

20 have sought treatment from the Department of Vet21 erans Affairs for traumatic brain injuries, post-trau22 matic stress, and disabling physical trauma incurred 

23 in the course of such covered service, but have been 

24 denied such care. 
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1 (b) SENSE OF CONGRESS.—It is the Sense of Con2 gress that— 

3 (1) individuals who performed covered service 

4 performed exceptional service to the United States; 

5 and 

6 (2) the Secretary of Defense should ensure that 

7 the performance of covered service is included in the 

8 military service record of each individual who per9 formed covered service so that those with service10 connected injuries can receive proper care and bene11 fits for their service. 

12 (c) SECRETARY OF DEFENSE STUDY AND REPORT.— 

13 (1) IN GENERAL.—Not later than March 31, 

14 2024, the Secretary of Defense shall— 

15 (A) carry out a study on the treatment of 

16 covered service for purposes of retired pay 

17 under laws administered by the Secretary; and 

18 (B) submit to the appropriate committees 

19 of Congress a report on the findings of the Sec20 retary with respect to the study carried out 

21 under paragraph (1). 

22 (2) LIST.—The report submitted under para23 graph (1)(B) shall include a list of each individual 

24 who performed covered service whose military service 
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1 record should be modified on account of covered 

2 service. 

3 (d) SECRETARY OF VETERANS AFFAIRS STUDY AND

4 REPORT.— 

5 (1) IN GENERAL.—Not later than March 31, 

6 2024, the Secretary of Veterans Affairs shall— 

7 (A) carry out a study on the treatment of 

8 covered service for purposes of compensation 

9 under laws administered by the Secretary; and 

10 (B) submit to the appropriate committees 

11 of Congress a report on the findings of the Sec12 retary with respect to the study carried out 

13 under paragraph (1). 

14 (2) CONTENTS.—The report submitted under 

15 paragraph (1)(B) shall include the following: 

16 (A) A list of each veteran who performed 

17 covered service whose claim for disability com18 pensation under a law administered by the Sec19 retary was denied due to the inability of the 

20 Department of Veterans Affairs to determine 

21 the injury was service-connected. 

22 (B) An estimate of the cost that would be 

23 incurred by the Department to provide veterans 

24 described in subparagraph (A) with the health 

25 care and benefits they are entitled to under the 
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1 laws administered by the Secretary on account 

2 of their covered service. 

3 (e) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE COMMITTEES OF CON5 GRESS.—The term ‘‘appropriate committees of Con6 gress’’ means— 

7 (A) the Committee on Armed Services and 

8 the Committee on Veterans’ Affairs of the Sen9 ate; and 

10 (B) the Committee on Armed Services and 

11 the Committee on Veterans’ Affairs of the 

12 House of Representatives. 

13 (2) COVERED SERVICE.—The term ‘‘covered 

14 service’’ means service— 

15 (A) as a member of the Armed Forces; 

16 (B) in a female cultural support team; 

17 (C) with the personnel development skill 

18 identifier of R2J or 5DK, or any other valida19 tion methods, such as valid sworn statements, 

20 officer and enlisted performance evaluations, 

21 training certificates, or records of an award 

22 from completion of tour with a cultural support 

23 team; and 

24 (D) during the period beginning on Janu25 ary 1, 2010, and ending on August 31, 2021. 
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1 SEC. 1090J. GLOBAL COOPERATIVE FRAMEWORK TO END 

2 HUMAN RIGHTS ABUSES IN SOURCING CRIT3 ICAL MINERALS. 

4 (a) IN GENERAL.—The Secretary of State shall seek 

5 to convene a meeting of foreign leaders to establish a mul6 tilateral framework to end human rights abuses, including 

7 the exploitation of forced labor and child labor, related to 

8 the mining and sourcing of critical minerals. 

9 (b) IMPLEMENTATION REPORT.—The Secretary shall 

10 lead the development of an annual global report on the 

11 implementation of the framework under subsection (a), in12 cluding progress and recommendations to fully end human 

13 rights abuses, including the exploitation of forced labor 

14 and child labor, related to the extraction of critical min15 erals around the world. 

16 (c) CONSULTATIONS.—The Secretary shall consult 

17 closely on a timely basis with the following with respect 

18 to developing and implementing the framework under sub19 section (a): 

20 (1) The Forced Labor Enforcement Task Force 

21 established under section 741 of the United States22 Mexico-Canada Agreement Implementation Act (19 

23 U.S.C. 4681); and 

24 (2) Congress. 
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1 (d) RELATIONSHIP TO UNITED STATES LAW.—Noth2 ing in the framework under subsection (a) shall be con3 strued— 

4 (1) to amend or modify any law of the United 

5 States; or 

6 (2) to limit any authority conferred under any 

7 law of the United States. 

8 (e) EXTRACTIVE INDUSTRIES TRANSPARENCY INI9 TIATIVE AND CERTAIN PROVISIONS OF THE DODD-FRANK

10 WALL STREET REFORM AND CONSUMER PROTECTION

11 ACT.—Nothing in this section shall— 

12 (1) affect the authority of the President to take 

13 any action to join and subsequently comply with the 

14 terms and obligations of the Extractive Industries 

15 Transparency Initiative (EITI); or 

16 (2) affect section 1502 of the Dodd-Frank Wall 

17 Street Reform and Consumer Protection Act (15 

18 U.S.C. 78m note), or subsection (q) of section 13 of 

19 the Securities Exchange Act of 1934 (15 U.S.C. 

20 78m), as added by section 1504 of the Dodd-Frank 

21 Wall Street Reform and Consumer Protection Act 

22 (Public Law 111–203; 124 Stat. 2220), or any rule 

23 prescribed under either such section. 

24 (f) CRITICAL MINERAL DEFINED.—In this section, 

25 the term ‘‘critical mineral’’ has the meaning given the 
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1 term in section 7002(a) of the Energy Act of 2020 (30 

2 U.S.C. 1606(a)). 

3 SEC. 1090K. READMISSION REQUIREMENTS FOR 

4 SERVICEMEMBERS. 

5 Section 484C(a) of the Higher Education Act of 1965 

6 (20 U.S.C. 1091c(a)) is amended to read as follows: 

7 ‘‘(a) DEFINITION OF SERVICE IN THE UNIFORMED

8 SERVICES.—In this section, the term ‘service in the uni9 formed services’ means service (whether voluntary or in10 voluntary) on active duty in the Armed Forces, including 

11 such service by a member of the National Guard or Re12 serve.’’. 

13 Subtitle H—Drone Security 

14 SEC. 1091. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘American Security 

16 Drone Act of 2023’’. 

17 SEC. 1092. DEFINITIONS. 

18 In this subtitle: 

19 (1) COVERED FOREIGN ENTITY.—The term 

20 ‘‘covered foreign entity’’ means an entity included on 

21 a list developed and maintained by the Federal Ac22 quisition Security Council and published in the Sys23 tem for Award Management (SAM). This list will in24 clude entities in the following categories: 
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1 (A) An entity included on the Consolidated 

2 Screening List. 

3 (B) Any entity that is subject to 

4 extrajudicial direction from a foreign govern5 ment, as determined by the Secretary of Home6 land Security. 

7 (C) Any entity the Secretary of Homeland 

8 Security, in coordination with the Attorney 

9 General, Director of National Intelligence, and 

10 the Secretary of Defense, determines poses a 

11 national security risk. 

12 (D) Any entity domiciled in the People’s 

13 Republic of China or subject to influence or 

14 control by the Government of the People’s Re15 public of China or the Communist Party of the 

16 People’s Republic of China, as determined by 

17 the Secretary of Homeland Security. 

18 (E) Any subsidiary or affiliate of an entity 

19 described in subparagraphs (A) through (D). 

20 (2) COVERED UNMANNED AIRCRAFT SYSTEM.— 

21 The term ‘‘covered unmanned aircraft system’’ has 

22 the meaning given the term ‘‘unmanned aircraft sys23 tem’’ in section 44801 of title 49, United States 

24 Code. 
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1 (3) INTELLIGENCE; INTELLIGENCE COMMU2 NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 

3 community’’ have the meanings given those terms in 

4 section 3 of the National Security Act of 1947 (50 

5 U.S.C. 3003). 

6 SEC. 1093. PROHIBITION ON PROCUREMENT OF COVERED 

7 UNMANNED AIRCRAFT SYSTEMS FROM COV8 ERED FOREIGN ENTITIES. 

9 (a) IN GENERAL.—Except as provided under sub10 sections (b) through (f), the head of an executive agency 

11 may not procure any covered unmanned aircraft system 

12 that is manufactured or assembled by a covered foreign 

13 entity, which includes associated elements related to the 

14 collection and transmission of sensitive information (con15 sisting of communication links and the components that 

16 control the unmanned aircraft) that enable the operator 

17 to operate the aircraft in the National Airspace System. 

18 The Federal Acquisition Security Council, in coordination 

19 with the Secretary of Transportation, shall develop and 

20 update a list of associated elements. 

21 (b) EXEMPTION.—The Secretary of Homeland Secu22 rity, the Secretary of Defense, the Director of National 

23 Intelligence, and the Attorney General are exempt from 

24 the restriction under subsection (a) if the procurement is 
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1 required in the national interest of the United States 

2 and— 

3 (1) is for the sole purposes of research, evalua4 tion, training, testing, or analysis for electronic war5 fare, information warfare operations, cybersecurity, 

6 or development of unmanned aircraft system or 

7 counter-unmanned aircraft system technology; 

8 (2) is for the sole purposes of conducting 

9 counterterrorism or counterintelligence activities, 

10 protective missions, or Federal criminal or national 

11 security investigations, including forensic examina12 tions, or for electronic warfare, information warfare 

13 operations, cybersecurity, or development of an un14 manned aircraft system or counter-unmanned air15 craft system technology; or 

16 (3) is an unmanned aircraft system that, as 

17 procured or as modified after procurement but be18 fore operational use, can no longer transfer to, or 

19 download data from, a covered foreign entity and 

20 otherwise poses no national security cybersecurity 

21 risks as determined by the exempting official. 

22 (c) DEPARTMENT OF TRANSPORTATION AND FED23 ERAL AVIATION ADMINISTRATION EXEMPTION.—The 

24 Secretary of Transportation is exempt from the restriction 

25 under subsection (a) if the operation or procurement is 
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1 deemed to support the safe, secure, or efficient operation 

2 of the National Airspace System or maintenance of public 

3 safety, including activities carried out under the Federal 

4 Aviation Administration’s Alliance for System Safety of 

5 UAS through Research Excellence (ASSURE) Center of 

6 Excellence (COE) and any other activity deemed to sup7 port the safe, secure, or efficient operation of the National 

8 Airspace System or maintenance of public safety, as deter9 mined by the Secretary or the Secretary’s designee. 

10 (d) NATIONAL TRANSPORTATION SAFETY BOARD

11 EXEMPTION.—The National Transportation Safety 

12 Board, in consultation with the Secretary of Homeland Se13 curity, is exempt from the restriction under subsection (a) 

14 if the operation or procurement is necessary for the sole 

15 purpose of conducting safety investigations. 

16 (e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN17 ISTRATION EXEMPTION.—The Administrator of the Na18 tional Oceanic and Atmospheric Administration (NOAA), 

19 in consultation with the Secretary of Homeland Security, 

20 is exempt from the restriction under subsection (a) if the 

21 procurement is necessary for the purpose of meeting 

22 NOAA’s science or management objectives or operational 

23 mission. 
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1 (f) WAIVER.—The head of an executive agency may 

2 waive the prohibition under subsection (a) on a case-by3 case basis— 

4 (1) with the approval of the Director of the Of5 fice of Management and Budget, after consultation 

6 with the Federal Acquisition Security Council; and 

7 (2) upon notification to— 

8 (A) the Committee on Homeland Security 

9 and Governmental Affairs of the Senate; 

10 (B) the Committee on Oversight and Re11 form in the House of Representatives; and 

12 (C) other appropriate congressional com13 mittees of jurisdiction. 

14 SEC. 1094. PROHIBITION ON OPERATION OF COVERED UN15 MANNED AIRCRAFT SYSTEMS FROM COV16 ERED FOREIGN ENTITIES. 

17 (a) PROHIBITION.— 

18 (1) IN GENERAL.—Beginning on the date that 

19 is two years after the date of the enactment of this 

20 Act, no Federal department or agency may operate 

21 a covered unmanned aircraft system manufactured 

22 or assembled by a covered foreign entity. 

23 (2) APPLICABILITY TO CONTRACTED SERV24 ICES.—The prohibition under paragraph (1) applies 

25 to any covered unmanned aircraft systems that are 
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1 being used by any executive agency through the 

2 method of contracting for the services of covered un3 manned aircraft systems. 

4 (b) EXEMPTION.—The Secretary of Homeland Secu5 rity, the Secretary of Defense, the Director of National 

6 Intelligence, and the Attorney General are exempt from 

7 the restriction under subsection (a) if the operation is re8 quired in the national interest of the United States and— 

9 (1) is for the sole purposes of research, evalua10 tion, training, testing, or analysis for electronic war11 fare, information warfare operations, cybersecurity, 

12 or development of unmanned aircraft system or 

13 counter-unmanned aircraft system technology; 

14 (2) is for the sole purposes of conducting 

15 counterterrorism or counterintelligence activities, 

16 protective missions, or Federal criminal or national 

17 security investigations, including forensic examina18 tions, or for electronic warfare, information warfare 

19 operations, cybersecurity, or development of an un20 manned aircraft system or counter-unmanned air21 craft system technology; or 

22 (3) is an unmanned aircraft system that, as 

23 procured or as modified after procurement but be24 fore operational use, can no longer transfer to, or 

25 download data from, a covered foreign entity and 
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1 otherwise poses no national security cybersecurity 

2 risks as determined by the exempting official. 

3 (c) DEPARTMENT OF TRANSPORTATION AND FED4 ERAL AVIATION ADMINISTRATION EXEMPTION.—The 

5 Secretary of Transportation is exempt from the restriction 

6 under subsection (a) if the operation is deemed to support 

7 the safe, secure, or efficient operation of the National Air8 space System or maintenance of public safety, including 

9 activities carried out under the Federal Aviation Adminis10 tration’s Alliance for System Safety of UAS through Re11 search Excellence (ASSURE) Center of Excellence (COE) 

12 and any other activity deemed to support the safe, secure, 

13 or efficient operation of the National Airspace System or 

14 maintenance of public safety, as determined by the Sec15 retary or the Secretary’s designee. 

16 (d) NATIONAL TRANSPORTATION SAFETY BOARD

17 EXEMPTION.—The National Transportation Safety 

18 Board, in consultation with the Secretary of Homeland Se19 curity, is exempt from the restriction under subsection (a) 

20 if the operation is necessary for the sole purpose of con21 ducting safety investigations. 

22 (e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN23 ISTRATION EXEMPTION.—The Administrator of the Na24 tional Oceanic and Atmospheric Administration (NOAA), 

25 in consultation with the Secretary of Homeland Security, 
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1 is exempt from the restriction under subsection (a) if the 

2 procurement is necessary for the purpose of meeting 

3 NOAA’s science or management objectives or operational 

4 mission. 

5 (f) WAIVER.—The head of an executive agency may 

6 waive the prohibition under subsection (a) on a case-by7 case basis— 

8 (1) with the approval of the Director of the Of9 fice of Management and Budget, after consultation 

10 with the Federal Acquisition Security Council; and 

11 (2) upon notification to— 

12 (A) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 (B) the Committee on Oversight and Re15 form in the House of Representatives; and 

16 (C) other appropriate congressional com17 mittees of jurisdiction. 

18 (g) REGULATIONS AND GUIDANCE.—Not later than 

19 180 days after the date of the enactment of this Act, the 

20 Secretary of Homeland Security, in consultation with the 

21 Attorney General and the Secretary of Transportation, 

22 shall prescribe regulations or guidance to implement this 

23 section. 
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1 SEC. 1095. PROHIBITION ON USE OF FEDERAL FUNDS FOR 

2 PROCUREMENT AND OPERATION OF COV3 ERED UNMANNED AIRCRAFT SYSTEMS FROM 

4 COVERED FOREIGN ENTITIES. 

5 (a) IN GENERAL.—Beginning on the date that is two 

6 years after the date of the enactment of this Act, except 

7 as provided in subsection (b), no Federal funds awarded 

8 through a contract, grant, or cooperative agreement, or 

9 otherwise made available may be used— 

10 (1) to procure a covered unmanned aircraft sys11 tem that is manufactured or assembled by a covered 

12 foreign entity; or 

13 (2) in connection with the operation of such a 

14 drone or unmanned aircraft system. 

15 (b) EXEMPTION.—The Secretary of Homeland Secu16 rity, the Secretary of Defense, the Director of National 

17 Intelligence, and the Attorney General are exempt from 

18 the restriction under subsection (a) if the procurement or 

19 operation is required in the national interest of the United 

20 States and— 

21 (1) is for the sole purposes of research, evalua22 tion, training, testing, or analysis for electronic war23 fare, information warfare operations, cybersecurity, 

24 or development of unmanned aircraft system or 

25 counter-unmanned aircraft system technology; 
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1 (2) is for the sole purposes of conducting 

2 counterterrorism or counterintelligence activities, 

3 protective missions, or Federal criminal or national 

4 security investigations, including forensic examina5 tions, or for electronic warfare, information warfare 

6 operations, cybersecurity, or development of an un7 manned aircraft system or counter-unmanned air8 craft system technology; or 

9 (3) is an unmanned aircraft system that, as 

10 procured or as modified after procurement but be11 fore operational use, can no longer transfer to, or 

12 download data from, a covered foreign entity and 

13 otherwise poses no national security cybersecurity 

14 risks as determined by the exempting official. 

15 (c) DEPARTMENT OF TRANSPORTATION AND FED16 ERAL AVIATION ADMINISTRATION EXEMPTION.—The 

17 Secretary of Transportation is exempt from the restriction 

18 under subsection (a) if the operation or procurement is 

19 deemed to support the safe, secure, or efficient operation 

20 of the National Airspace System or maintenance of public 

21 safety, including activities carried out under the Federal 

22 Aviation Administration’s Alliance for System Safety of 

23 UAS through Research Excellence (ASSURE) Center of 

24 Excellence (COE) and any other activity deemed to sup25 port the safe, secure, or efficient operation of the National 
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1 Airspace System or maintenance of public safety, as deter2 mined by the Secretary or the Secretary’s designee. 

3 (d) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN4 ISTRATION EXEMPTION.—The Administrator of the Na5 tional Oceanic and Atmospheric Administration (NOAA), 

6 in consultation with the Secretary of Homeland Security, 

7 is exempt from the restriction under subsection (a) if the 

8 operation or procurement is necessary for the purpose of 

9 meeting NOAA’s science or management objectives or 

10 operational mission. 

11 (e) WAIVER.—The head of an executive agency may 

12 waive the prohibition under subsection (a) on a case-by13 case basis— 

14 (1) with the approval of the Director of the Of15 fice of Management and Budget, after consultation 

16 with the Federal Acquisition Security Council; and 

17 (2) upon notification to— 

18 (A) the Committee on Homeland Security 

19 and Governmental Affairs of the Senate; 

20 (B) the Committee on Oversight and Re21 form in the House of Representatives; and 

22 (C) other appropriate congressional com23 mittees of jurisdiction. 

24 (f) REGULATIONS.—Not later than 180 days after 

25 the date of the enactment of this Act, the Federal Acquisi-
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1 tion Regulatory Council shall prescribe regulations or 

2 guidance, as necessary, to implement the requirements of 

3 this section pertaining to Federal contracts. 

4 SEC. 1096. PROHIBITION ON USE OF GOVERNMENT-ISSUED 

5 PURCHASE CARDS TO PURCHASE COVERED 

6 UNMANNED AIRCRAFT SYSTEMS FROM COV7 ERED FOREIGN ENTITIES. 

8 Effective immediately, Government-issued Purchase 

9 Cards may not be used to procure any covered unmanned 

10 aircraft system from a covered foreign entity. 

11 SEC. 1097. MANAGEMENT OF EXISTING INVENTORIES OF 

12 COVERED UNMANNED AIRCRAFT SYSTEMS 

13 FROM COVERED FOREIGN ENTITIES. 

14 (a) IN GENERAL.—All executive agencies must ac15 count for existing inventories of covered unmanned air16 craft systems manufactured or assembled by a covered for17 eign entity in their personal property accounting systems, 

18 within one year of the date of enactment of this Act, re19 gardless of the original procurement cost, or the purpose 

20 of procurement due to the special monitoring and account21 ing measures necessary to track the items’ capabilities. 

22 (b) CLASSIFIED TRACKING.—Due to the sensitive na23 ture of missions and operations conducted by the United 

24 States Government, inventory data related to covered un25 manned aircraft systems manufactured or assembled by 
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1 a covered foreign entity may be tracked at a classified 

2 level, as determined by the Secretary of Homeland Secu3 rity or the Secretary’s designee. 

4 (c) EXCEPTIONS.—The Department of Defense, the 

5 Department of Homeland Security, the Department of 

6 Justice, the Department of Transportation, and the Na7 tional Oceanic and Atmospheric Administration may ex8 clude from the full inventory process, covered unmanned 

9 aircraft systems that are deemed expendable due to mis10 sion risk such as recovery issues, or that are one-time11 use covered unmanned aircraft due to requirements and 

12 low cost. 

13 SEC. 1098. COMPTROLLER GENERAL REPORT. 

14 Not later than 275 days after the date of the enact15 ment of this Act, the Comptroller General of the United 

16 States shall submit to Congress a report on the amount 

17 of commercial off-the-shelf drones and covered unmanned 

18 aircraft systems procured by Federal departments and 

19 agencies from covered foreign entities. 

20 SEC. 1099. GOVERNMENT-WIDE POLICY FOR PROCURE21 MENT OF UNMANNED AIRCRAFT SYSTEMS. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, the Director of the Of24 fice of Management and Budget, in coordination with the 

25 Department of Homeland Security, Department of Trans-
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1 portation, the Department of Justice, and other Depart2 ments as determined by the Director of the Office of Man3 agement and Budget, and in consultation with the Na4 tional Institute of Standards and Technology, shall estab5 lish a government-wide policy for the procurement of an 

6 unmanned aircraft system— 

7 (1) for non-Department of Defense and non-in8 telligence community operations; and 

9 (2) through grants and cooperative agreements 

10 entered into with non-Federal entities. 

11 (b) INFORMATION SECURITY.—The policy developed 

12 under subsection (a) shall include the following specifica13 tions, which to the extent practicable, shall be based on 

14 industry standards and technical guidance from the Na15 tional Institute of Standards and Technology, to address 

16 the risks associated with processing, storing, and trans17 mitting Federal information in an unmanned aircraft sys18 tem: 

19 (1) Protections to ensure controlled access to 

20 an unmanned aircraft system. 

21 (2) Protecting software, firmware, and hard22 ware by ensuring changes to an unmanned aircraft 

23 system are properly managed, including by ensuring 

24 an unmanned aircraft system can be updated using 

25 a secure, controlled, and configurable mechanism. 
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1 (3) Cryptographically securing sensitive col2 lected, stored, and transmitted data, including prop3 er handling of privacy data and other controlled un4 classified information. 

5 (4) Appropriate safeguards necessary to protect 

6 sensitive information, including during and after use 

7 of an unmanned aircraft system. 

8 (5) Appropriate data security to ensure that 

9 data is not transmitted to or stored in non-approved 

10 locations. 

11 (6) The ability to opt out of the uploading, 

12 downloading, or transmitting of data that is not re13 quired by law or regulation and an ability to choose 

14 with whom and where information is shared when it 

15 is required. 

16 (c) REQUIREMENT.—The policy developed under sub17 section (a) shall reflect an appropriate risk-based ap18 proach to information security related to use of an un19 manned aircraft system. 

20 (d) REVISION OF ACQUISITION REGULATIONS.—Not 

21 later than 180 days after the date on which the policy 

22 required under subsection (a) is issued— 

23 (1) the Federal Acquisition Regulatory Council 

24 shall revise the Federal Acquisition Regulation, as 

25 necessary, to implement the policy; and 
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1 (2) any Federal department or agency or other 

2 Federal entity not subject to, or not subject solely 

3 to, the Federal Acquisition Regulation shall revise 

4 applicable policy, guidance, or regulations, as nec5 essary, to implement the policy. 

6 (e) EXEMPTION.—In developing the policy required 

7 under subsection (a), the Director of the Office of Man8 agement and Budget shall— 

9 (1) incorporate policies to implement the ex10 emptions contained in this subtitle; and 

11 (2) incorporate an exemption to the policy in 

12 the case of a head of the procuring department or 

13 agency determining, in writing, that no product that 

14 complies with the information security requirements 

15 described in subsection (b) is capable of fulfilling 

16 mission critical performance requirements, and such 

17 determination— 

18 (A) may not be delegated below the level of 

19 the Deputy Secretary, or Administrator, of the 

20 procuring department or agency; 

21 (B) shall specify— 

22 (i) the quantity of end items to which 

23 the waiver applies and the procurement 

24 value of those items; and 
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1 (ii) the time period over which the 

2 waiver applies, which shall not exceed three 

3 years; 

4 (C) shall be reported to the Office of Man5 agement and Budget following issuance of such 

6 a determination; and 

7 (D) not later than 30 days after the date 

8 on which the determination is made, shall be 

9 provided to the Committee on Homeland Secu10 rity and Governmental Affairs of the Senate 

11 and the Committee on Oversight and Reform of 

12 the House of Representatives. 

13 SEC. 1099A. STATE, LOCAL, AND TERRITORIAL LAW EN14 FORCEMENT AND EMERGENCY SERVICE EX15 EMPTION. 

16 (a) RULE OF CONSTRUCTION.—Nothing in this sub17 title shall prevent a State, local, or territorial law enforce18 ment or emergency service agency from procuring or oper19 ating a covered unmanned aircraft system purchased with 

20 non-Federal dollars. 

21 (b) CONTINUITY OF ARRANGEMENTS.—The Federal 

22 Government may continue entering into contracts, grants, 

23 and cooperative agreements or other Federal funding in24 struments with State, local, or territorial law enforcement 

25 or emergency service agencies under which a covered un-
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1 manned aircraft system will be purchased or operated if 

2 the agency has received approval or waiver to purchase 

3 or operate a covered unmanned aircraft system pursuant 

4 to section 1095. 

5 SEC. 1099B. STUDY. 

6 (a) STUDY ON THE SUPPLY CHAIN FOR UNMANNED

7 AIRCRAFT SYSTEMS AND COMPONENTS.— 

8 (1) REPORT REQUIRED.—Not later than one 

9 year after the date of the enactment of this Act, the 

10 Under Secretary of Defense for Acquisition and 

11 Sustainment shall provide to the appropriate con12 gressional committees a report on the supply chain 

13 for covered unmanned aircraft systems, including a 

14 discussion of current and projected future demand 

15 for covered unmanned aircraft systems. 

16 (2) ELEMENTS.—The report under paragraph 

17 (1) shall include the following: 

18 (A) A description of the current and future 

19 global and domestic market for covered un20 manned aircraft systems that are not widely 

21 commercially available except from a covered 

22 foreign entity. 

23 (B) A description of the sustainability, 

24 availability, cost, and quality of secure sources 

25 of covered unmanned aircraft systems domesti-
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1 cally and from sources in allied and partner 

2 countries. 

3 (C) The plan of the Secretary of Defense 

4 to address any gaps or deficiencies identified in 

5 subparagraph (B), including through the use of 

6 funds available under the Defense Production 

7 Act of 1950 (50 U.S.C. 4501 et seq.) and part8 nerships with the National Aeronautics and 

9 Space Administration and other interested per10 sons. 

11 (D) Such other information as the Under 

12 Secretary of Defense for Acquisition and 

13 Sustainment determines to be appropriate. 

14 (3) APPROPRIATE CONGRESSIONAL COMMIT15 TEES DEFINED.—In this section the term ‘‘appro16 priate congressional committees’’ means: 

17 (A) The Committees on Armed Services of 

18 the Senate and the House of Representatives. 

19 (B) The Committee on Homeland Security 

20 and Governmental Affairs of the Senate and the 

21 Committee on Oversight and Reform of the 

22 House of Representatives. 

23 (C) The Committee on Commerce, Science, 

24 and Transportation of the Senate and the Com-
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1 mittee on Science, Space, and Technology of 

2 the House of Representatives. 

3 (D) The Select Committee on Intelligence 

4 of the Senate and the Permanent Select Com5 mittee on Intelligence of the House of Rep6 resentatives. 

7 (E) The Committee on Transportation and 

8 Infrastructure of the House of Representatives. 

9 (F) The Committee on Homeland Security 

10 of the House of Representatives. 

11 SEC. 1099C. EXCEPTIONS. 

12 (a) EXCEPTION FOR WILDFIRE MANAGEMENT OPER13 ATIONS AND SEARCH AND RESCUE OPERATIONS.—The 

14 appropriate Federal agencies, in consultation with the Sec15 retary of Homeland Security, are exempt from the pro16 curement and operation restrictions under sections 1093, 

17 1094, and 1095 to the extent the procurement or oper18 ation is necessary for the purpose of supporting the full 

19 range of wildfire management operations or search and 

20 rescue operations. 

21 (b) EXCEPTION FOR INTELLIGENCE ACTIVITIES.— 

22 The elements of the intelligence community, in consulta23 tion with the Director of National Intelligence, are exempt 

24 from the procurement and operation restrictions under 

25 sections 1093, 1094, and 1095 to the extent the procure-
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1 ment or operation is necessary for the purpose of sup2 porting intelligence activities. 

3 (c) EXCEPTION FOR TRIBAL LAW ENFORCEMENT OR

4 EMERGENCY SERVICE AGENCY.—Tribal law enforcement 

5 or Tribal emergency service agencies, in consultation with 

6 the Secretary of Homeland Security, are exempt from the 

7 procurement, operation, and purchase restrictions under 

8 sections 1093, 1094, and 1095 to the extent the procure9 ment or operation is necessary for the purpose of sup10 porting the full range of law enforcement operations or 

11 search and rescue operations on Indian lands. 

12 SEC. 1099D. SUNSET. 

13 Sections 1093, 1094, and 1095 shall cease to have 

14 effect on the date that is five years after the date of the 

15 enactment of this Act. 

16 Subtitle I—Radiation Exposure 

17 Compensation Act 

18 PART I—MANHATTAN PROJECT WASTE 

19 SEC. 1099AA. CLAIMS RELATING TO MANHATTAN PROJECT 

20 WASTE. 

21 (a) SHORT TITLE.—This section may be cited as the 

22 ‘‘Radiation Exposure Compensation Expansion Act’’. 

23 (b) CLAIMS RELATING TO MANHATTAN PROJECT

24 WASTE.—The Radiation Exposure Compensation Act 
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1 (Public Law 101–426; 42 U.S.C. 2210 note) is amended 

2 by inserting after section 5 the following: 

3 ‘‘SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT 

4 WASTE. 

5 ‘‘(a) IN GENERAL.—A claimant shall receive com6 pensation for a claim made under this Act, as described 

7 in subsection (b) or (c), if— 

8 ‘‘(1) a claim for compensation is filed with the 

9 Attorney General— 

10 ‘‘(A) by an individual described in para11 graph (2); or 

12 ‘‘(B) on behalf of that individual by an au13 thorized agent of that individual, if the indi14 vidual is deceased or incapacitated, such as— 

15 ‘‘(i) an executor of estate of that indi16 vidual; or 

17 ‘‘(ii) a legal guardian or conservator 

18 of that individual; 

19 ‘‘(2) that individual, or if applicable, an author20 ized agent of that individual, demonstrates that the 

21 individual— 

22 ‘‘(A) was physically present in an affected 

23 area for a period of at least 2 years after Janu24 ary 1, 1949; and 
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1 ‘‘(B) contracted a specified disease after 

2 such period of physical presence; 

3 ‘‘(3) the Attorney General certifies that the 

4 identity of that individual, and if applicable, the au5 thorized agent of that individual, is not fraudulent 

6 or otherwise misrepresented; and 

7 ‘‘(4) the Attorney General determines that the 

8 claimant has satisfied the applicable requirements of 

9 this Act. 

10 ‘‘(b) LOSSES AVAILABLE TO LIVING AFFECTED INDI11 VIDUALS.— 

12 ‘‘(1) IN GENERAL.—In the event of a claim 

13 qualifying for compensation under subsection (a) 

14 that is submitted to the Attorney General to be eligi15 ble for compensation under this section at a time 

16 when the individual described in subsection (a)(2) is 

17 living, the amount of compensation under this sec18 tion shall be in an amount that is the greater of 

19 $50,000 or the total amount of compensation for 

20 which the individual is eligible under paragraph (2). 

21 ‘‘(2) LOSSES DUE TO MEDICAL EXPENSES.—A 

22 claimant described in paragraph (1) shall be eligible 

23 to receive, upon submission of contemporaneous 

24 written medical records, reports, or billing state25 ments created by or at the direction of a licensed 
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1 medical professional who provided contemporaneous 

2 medical care to the claimant, additional compensa3 tion in the amount of all documented out-of-pocket 

4 medical expenses incurred as a result of the specified 

5 disease suffered by that claimant, such as any med6 ical expenses not covered, paid for, or reimbursed 

7 through— 

8 ‘‘(A) any public or private health insur9 ance; 

10 ‘‘(B) any employee health insurance; 

11 ‘‘(C) any workers’ compensation program; 

12 or 

13 ‘‘(D) any other public, private, or employee 

14 health program or benefit. 

15 ‘‘(c) PAYMENTS TO BENEFICIARIES OF DECEASED

16 INDIVIDUALS.—In the event that an individual described 

17 in subsection (a)(2) who qualifies for compensation under 

18 subsection (a) is deceased at the time of submission of 

19 the claim— 

20 ‘‘(1) a surviving spouse may, upon submission 

21 of a claim and records sufficient to satisfy the re22 quirements of subsection (a) with respect to the de23 ceased individual, receive compensation in the 

24 amount of $25,000; or 
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1 ‘‘(2) in the event that there is no surviving 

2 spouse, the surviving children, minor or otherwise, of 

3 the deceased individual may, upon submission of a 

4 claim and records sufficient to satisfy the require5 ments of subsection (a) with respect to the deceased 

6 individual, receive compensation in the total amount 

7 of $25,000, paid in equal shares to each surviving 

8 child. 

9 ‘‘(d) AFFECTED AREA.—For purposes of this section, 

10 the term ‘affected area’ means, in the State of Missouri, 

11 the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 

12 63074, 63114, 63135, 63138, 63044, 63140, 63145, 

13 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 

14 63367. 

15 ‘‘(e) SPECIFIED DISEASE.—For purposes of this sec16 tion, the term ‘specified disease’ means any of the fol17 lowing: 

18 ‘‘(1) Any leukemia, other than chronic 

19 lymphocytic leukemia, provided that the initial expo20 sure occurred after the age of 20 and the onset of 

21 the disease was at least 2 years after first exposure. 

22 ‘‘(2) Any of the following diseases, provided 

23 that the onset was at least 2 years after the initial 

24 exposure: 

25 ‘‘(A) Multiple myeloma. 
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1 ‘‘(B) Lymphoma, other than Hodgkin’s 

2 disease. 

3 ‘‘(C) Type 1 or type 2 diabetes. 

4 ‘‘(D) Systemic lupus erythematosus. 

5 ‘‘(E) Multiple sclerosis. 

6 ‘‘(F) Hashimoto’s disease. 

7 ‘‘(G) Primary cancer of the— 

8 ‘‘(i) thyroid; 

9 ‘‘(ii) male or female breast; 

10 ‘‘(iii) esophagus; 

11 ‘‘(iv) stomach; 

12 ‘‘(v) pharynx; 

13 ‘‘(vi) small intestine; 

14 ‘‘(vii) pancreas; 

15 ‘‘(viii) bile ducts; 

16 ‘‘(ix) gall bladder; 

17 ‘‘(x) salivary gland; 

18 ‘‘(xi) urinary bladder; 

19 ‘‘(xii) brain; 

20 ‘‘(xiii) colon; 

21 ‘‘(xiv) ovary; 

22 ‘‘(xv) liver, except if cirrhosis or hepa23 titis B is indicated; 

24 ‘‘(xvi) lung; 

25 ‘‘(xvii) bone; or 
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1 ‘‘(xviii) kidney. 

2 ‘‘(f) PHYSICAL PRESENCE.—For purposes of this 

3 section, the Attorney General shall not determine that a 

4 claimant has satisfied the requirements of subsection (a) 

5 unless demonstrated by submission of contemporaneous 

6 written residential documentation and at least one addi7 tional employer-issued or government-issued document or 

8 record that the claimant, for a period of at least 2 years 

9 after January 1, 1949, was physically present in an af10 fected area. 

11 ‘‘(g) DISEASE CONTRACTION IN AFFECTED

12 AREAS.—For purposes of this section, the Attorney Gen13 eral shall not determine that a claimant has satisfied the 

14 requirements of subsection (a) unless demonstrated by 

15 submission of contemporaneous written medical records or 

16 reports created by or at the direction of a licensed medical 

17 professional who provided contemporaneous medical care 

18 to the claimant, that the claimant, after such period of 

19 physical presence, contracted a specified disease.’’. 

20 PART II—COMPENSATION FOR WORKERS 

21 INVOLVED IN URANIUM MINING 

22 SEC. 1099BB. SHORT TITLE. 

23 This part may be cited as the ‘‘Radiation Exposure 

24 Compensation Act Amendments of 2023’’. 
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1 SEC. 1099CC. REFERENCES. 

2 Except as otherwise specifically provided, whenever in 

3 this part an amendment or repeal is expressed in terms 

4 of an amendment to or repeal of a section or other provi5 sion of law, the reference shall be considered to be made 

6 to a section or other provision of the Radiation Exposure 

7 Compensation Act (Public Law 101–426; 42 U.S.C. 2210 

8 note). 

9 SEC. 1099DD. EXTENSION OF FUND. 

10 Section 3(d) is amended— 

11 (1) by striking the first sentence and inserting 

12 ‘‘The Fund shall terminate 19 years after the date 

13 of the enactment of the Radiation Exposure Com14 pensation Act Amendments of 2023.’’; and 

15 (2) by striking ‘‘2-year’’ and inserting ‘‘19- 

16 year’’. 

17 SEC. 1099EE. CLAIMS RELATING TO ATMOSPHERIC TEST18 ING. 

19 (a) LEUKEMIA CLAIMS RELATING TO TRINITY TEST

20 IN NEW MEXICO AND TESTS AT THE NEVADA SITE AND

21 IN THE PACIFIC.—Section 4(a)(1)(A) is amended— 

22 (1) in clause (i)— 

23 (A) in subclause (I), by striking ‘‘October 

24 31, 1958’’ and inserting ‘‘November 6, 1962’’; 

25 (B) in subclause (II)— 
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1 (i) by striking ‘‘in the affected area’’ 

2 and inserting ‘‘in an affected area’’; and 

3 (ii) by striking ‘‘or’’ after the semi4 colon; 

5 (C) by redesignating subclause (III) as 

6 subclause (V); and 

7 (D) by inserting after subclause (II) the 

8 following: 

9 ‘‘(III) was physically present in an af10 fected area for a period of at least 1 year 

11 during the period beginning on September 

12 24, 1944, and ending on November 6, 

13 1962; 

14 ‘‘(IV) was physically present in an af15 fected area— 

16 ‘‘(aa) for a period of at least 1 

17 year during the period beginning on 

18 July 1, 1946, and ending on Novem19 ber 6, 1962; or 

20 ‘‘(bb) for the period beginning on 

21 April 25, 1962, and ending on No22 vember 6, 1962; or’’; and 

23 (2) in clause (ii)(I), by striking ‘‘physical pres24 ence described in subclause (I) or (II) of clause (i) 

25 or onsite participation described in clause (i)(III)’’ 
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1 and inserting ‘‘physical presence described in sub2 clause (I), (II), (III), or (IV) of clause (i) or onsite 

3 participation described in clause (i)(V)’’. 

4 (b) AMOUNTS FOR CLAIMS RELATED TO LEU5 KEMIA.—Section 4(a)(1) is amended— 

6 (1) in subparagraph (A), by striking ‘‘an 

7 amount’’ and inserting ‘‘the amount’’; and 

8 (2) by striking subparagraph (B) and inserting 

9 the following: 

10 ‘‘(B) AMOUNT.—If the conditions de11 scribed in subparagraph (C) are met, an indi12 vidual who is described in subparagraph (A) 

13 shall receive $150,000.’’. 

14 (c) CONDITIONS FOR CLAIMS RELATED TO LEU15 KEMIA.—Section 4(a)(1)(C) is amended— 

16 (1) by striking clause (i); and 

17 (2) by redesignating clauses (ii) and (iii) as 

18 clauses (i) and (ii), respectively. 

19 (d) SPECIFIED DISEASES CLAIMS RELATING TO

20 TRINITY TEST IN NEW MEXICO AND TESTS AT THE NE21 VADA SITE AND IN THE PACIFIC.—Section 4(a)(2) is 

22 amended— 

23 (1) in subparagraph (A)— 

24 (A) by striking ‘‘in the affected area’’ and 

25 inserting ‘‘in an affected area’’; 
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1 (B) by striking ‘‘2 years’’ and inserting ‘‘1 

2 year’’; and 

3 (C) by striking ‘‘October 31, 1958’’ and 

4 inserting ‘‘November 6, 1962’’; 

5 (2) in subparagraph (B)— 

6 (A) by striking ‘‘in the affected area’’ and 

7 inserting ‘‘in an affected area’’; and 

8 (B) by striking ‘‘or’’ at the end; 

9 (3) by redesignating subparagraph (C) as sub10 paragraph (E); and 

11 (4) by inserting after subparagraph (B) the fol12 lowing: 

13 ‘‘(C) was physically present in an affected 

14 area for a period of at least 1 year during the 

15 period beginning on September 24, 1944, and 

16 ending on November 6, 1962; 

17 ‘‘(D) was physically present in an affected 

18 area— 

19 ‘‘(i) for a period of at least 1 year 

20 during the period beginning on July 1, 

21 1946, and ending on November 6, 1962; or 

22 ‘‘(ii) for the period beginning on April 

23 25, 1962, and ending on November 6, 

24 1962; or’’. 
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1 (e) AMOUNTS FOR CLAIMS RELATED TO SPECIFIED

2 DISEASES.—Section 4(a)(2) is amended in the matter fol3 lowing subparagraph (E) (as redesignated by subsection 

4 (d) of this section) by striking ‘‘$50,000 (in the case of 

5 an individual described in subparagraph (A) or (B)) or 

6 $75,000 (in the case of an individual described in subpara7 graph (C)),’’ and inserting ‘‘$150,000’’. 

8 (f) MEDICAL BENEFITS.—Section 4(a) is amended 

9 by adding at the end the following: 

10 ‘‘(5) MEDICAL BENEFITS.—An individual re11 ceiving a payment under this section shall be eligible 

12 to receive medical benefits in the same manner and 

13 to the same extent as an individual eligible to receive 

14 medical benefits under section 3629 of the Energy 

15 Employees Occupational Illness Compensation Pro16 gram Act of 2000 (42 U.S.C. 7384t).’’. 

17 (g) DOWNWIND STATES.—Section 4(b)(1) is amend18 ed to read as follows: 

19 ‘‘(1) ‘affected area’ means— 

20 ‘‘(A) except as provided under subpara21 graphs (B) and (C), Arizona, Colorado, Idaho, 

22 Montana, Nevada, New Mexico, Utah, and 

23 Guam; 
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1 ‘‘(B) with respect to a claim by an indi2 vidual under subsection (a)(1)(A)(i)(III) or sub3 section (a)(2)(C), only New Mexico; and 

4 ‘‘(C) with respect to a claim by an indi5 vidual under subsection (a)(1)(A)(i)(IV) or sub6 section (a)(2)(D), only Guam.’’. 

7 (h) CHRONIC LYMPHOCYTIC LEUKEMIA AS A SPECI8 FIED DISEASE.—Section 4(b)(2) is amended by striking 

9 ‘‘other than chronic lymphocytic leukemia’’ and inserting 

10 ‘‘including chronic lymphocytic leukemia’’. 

11 SEC. 1099FF. CLAIMS RELATING TO URANIUM MINING. 

12 (a) EMPLOYEES OF MINES AND MILLS.—Section 

13 5(a)(1)(A)(i) is amended— 

14 (1) by inserting ‘‘(I)’’ after ‘‘(i)’’; 

15 (2) by striking ‘‘December 31, 1971; and’’ and 

16 inserting ‘‘December 31, 1990; or’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(II) was employed as a core driller in 

19 a State referred to in subclause (I) during 

20 the period described in such subclause; 

21 and’’. 

22 (b) MINERS.—Section 5(a)(1)(A)(ii)(I) is amended 

23 by inserting ‘‘or renal cancer or any other chronic renal 

24 disease, including nephritis and kidney tubal tissue in25 jury’’ after ‘‘nonmalignant respiratory disease’’. 
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1 (c) MILLERS, CORE DRILLERS, AND ORE TRANS2 PORTERS.—Section 5(a)(1)(A)(ii)(II) is amended— 

3 (1) by inserting ‘‘, core driller,’’ after ‘‘was a 

4 miller’’; 

5 (2) by inserting ‘‘, or was involved in remedi6 ation efforts at such a uranium mine or uranium 

7 mill,’’ after ‘‘ore transporter’’; 

8 (3) by inserting ‘‘(I)’’ after ‘‘clause (i)’’; and 

9 (4) by striking all that follows ‘‘nonmalignant 

10 respiratory disease’’ and inserting ‘‘or renal cancer 

11 or any other chronic renal disease, including nephri12 tis and kidney tubal tissue injury; or’’. 

13 (d) COMBINED WORK HISTORIES.—Section 

14 5(a)(1)(A)(ii) is further amended— 

15 (1) by striking ‘‘or’’ at the end of subclause (I); 

16 and 

17 (2) by adding at the end the following: 

18 ‘‘(III)(aa) does not meet the condi19 tions of subclause (I) or (II); 

20 ‘‘(bb) worked, during the period de21 scribed in clause (i)(I), in two or more of 

22 the following positions: miner, miller, core 

23 driller, and ore transporter; 

24 ‘‘(cc) meets the requirements of para25 graph (4) or (5), or both; and 
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1 ‘‘(dd) submits written medical docu2 mentation that the individual developed 

3 lung cancer or a nonmalignant respiratory 

4 disease or renal cancer or any other chron5 ic renal disease, including nephritis and 

6 kidney tubal tissue injury after exposure to 

7 radiation through work in one or more of 

8 the positions referred to in item (bb);’’. 

9 (e) DATES OF OPERATION OF URANIUM MINE.—Sec10 tion 5(a)(2)(A) is amended by striking ‘‘December 31, 

11 1971’’ and inserting ‘‘December 31, 1990’’. 

12 (f) SPECIAL RULES RELATING TO COMBINED WORK

13 HISTORIES.—Section 5(a) is amended by adding at the 

14 end the following: 

15 ‘‘(4) SPECIAL RULE RELATING TO COMBINED

16 WORK HISTORIES FOR INDIVIDUALS WITH AT LEAST

17 ONE YEAR OF EXPERIENCE.—An individual meets 

18 the requirements of this paragraph if the individual 

19 worked in one or more of the positions referred to 

20 in paragraph (1)(A)(ii)(III)(bb) for a period of at 

21 least one year during the period described in para22 graph (1)(A)(i)(I). 

23 ‘‘(5) SPECIAL RULE RELATING TO COMBINED

24 WORK HISTORIES FOR MINERS.—An individual 

25 meets the requirements of this paragraph if the indi-
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1 vidual, during the period described in paragraph 

2 (1)(A)(i)(I), worked as a miner and was exposed to 

3 such number of working level months that the Attor4 ney General determines, when combined with the ex5 posure of such individual to radiation through work 

6 as a miller, core driller, or ore transporter during 

7 the period described in paragraph (1)(A)(i)(I), re8 sults in such individual being exposed to a total level 

9 of radiation that is greater or equal to the level of 

10 exposure of an individual described in paragraph 

11 (4).’’. 

12 (g) DEFINITION OF CORE DRILLER.—Section 5(b) is 

13 amended— 

14 (1) by striking ‘‘and’’ at the end of paragraph 

15 (7); 

16 (2) by striking the period at the end of para17 graph (8) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(9) the term ‘core driller’ means any indi20 vidual employed to engage in the act or process of 

21 obtaining cylindrical rock samples of uranium or va22 nadium by means of a borehole drilling machine for 

23 the purpose of mining uranium or vanadium.’’. 
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1 SEC. 1099GG. EXPANSION OF USE OF AFFIDAVITS IN DE2 TERMINATION OF CLAIMS; REGULATIONS. 

3 (a) AFFIDAVITS.—Section 6(b) is amended by adding 

4 at the end the following: 

5 ‘‘(3) AFFIDAVITS.— 

6 ‘‘(A) EMPLOYMENT HISTORY.—For pur7 poses of this Act, the Attorney General shall ac8 cept a written affidavit or declaration as evi9 dence to substantiate the employment history of 

10 an individual as a miner, miller, core driller, or 

11 ore transporter if the affidavit— 

12 ‘‘(i) is provided in addition to other 

13 material that may be used to substantiate 

14 the employment history of the individual; 

15 ‘‘(ii) attests to the employment history 

16 of the individual; 

17 ‘‘(iii) is made subject to penalty for 

18 perjury; and 

19 ‘‘(iv) is made by a person other than 

20 the individual filing the claim. 

21 ‘‘(B) PHYSICAL PRESENCE IN AFFECTED

22 AREA.—For purposes of this Act, the Attorney 

23 General shall accept a written affidavit or dec24 laration as evidence to substantiate an individ25 ual’s physical presence in an affected area dur-
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1 ing a period described in section 4(a)(1)(A)(i) 

2 or section 4(a)(2) if the affidavit— 

3 ‘‘(i) is provided in addition to other 

4 material that may be used to substantiate 

5 the individual’s presence in an affected 

6 area during that time period; 

7 ‘‘(ii) attests to the individual’s pres8 ence in an affected area during that pe9 riod; 

10 ‘‘(iii) is made subject to penalty for 

11 perjury; and 

12 ‘‘(iv) is made by a person other than 

13 the individual filing the claim. 

14 ‘‘(C) PARTICIPATION AT TESTING SITE.— 

15 For purposes of this Act, the Attorney General 

16 shall accept a written affidavit or declaration as 

17 evidence to substantiate an individual’s partici18 pation onsite in a test involving the atmospheric 

19 detonation of a nuclear device if the affidavit— 

20 ‘‘(i) is provided in addition to other 

21 material that may be used to substantiate 

22 the individual’s participation onsite in a 

23 test involving the atmospheric detonation 

24 of a nuclear device; 
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1 ‘‘(ii) attests to the individual’s partici2 pation onsite in a test involving the atmos3 pheric detonation of a nuclear device; 

4 ‘‘(iii) is made subject to penalty for 

5 perjury; and 

6 ‘‘(iv) is made by a person other than 

7 the individual filing the claim.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 Section 6 is amended— 

10 (1) in subsection (b)(2)(C), by striking ‘‘section 

11 4(a)(2)(C)’’ and inserting ‘‘section 4(a)(2)(E)’’; 

12 (2) in subsection (c)(2)— 

13 (A) in subparagraph (A)— 

14 (i) in the matter preceding clause (i), 

15 by striking ‘‘subsection (a)(1), (a)(2)(A), 

16 or (a)(2)(B) of section 4’’ and inserting 

17 ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 

18 (a)(2)(C), or (a)(2)(D) of section 4’’; and 

19 (ii) in clause (i), by striking ‘‘sub20 section (a)(1), (a)(2)(A), or (a)(2)(B) of 

21 section 4’’ and inserting ‘‘subsection 

22 (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 

23 (a)(2)(D) of section 4’’; and 
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1 (B) in subparagraph (B), by striking ‘‘sec2 tion 4(a)(2)(C)’’ and inserting ‘‘section 

3 4(a)(2)(E)’’; and 

4 (3) in subsection (e), by striking ‘‘subsection 

5 (a)(1), (a)(2)(A), or (a)(2)(B) of section 4’’ and in6 serting ‘‘subsection (a)(1), (a)(2)(A), (a)(2)(B), 

7 (a)(2)(C), or (a)(2)(D) of section 4’’. 

8 (c) REGULATIONS.— 

9 (1) IN GENERAL.—Section 6(k) is amended by 

10 adding at the end the following: ‘‘Not later than 180 

11 days after the date of enactment of the Radiation 

12 Exposure Compensation Act Amendments of 2023, 

13 the Attorney General shall issue revised regulations 

14 to carry out this Act.’’. 

15 (2) CONSIDERATIONS IN REVISIONS.—In 

16 issuing revised regulations under section 6(k) of the 

17 Radiation Exposure Compensation Act (Public Law 

18 101–426; 42 U.S.C. 2210 note), as amended under 

19 paragraph (1), the Attorney General shall ensure 

20 that procedures with respect to the submission and 

21 processing of claims under such Act take into ac22 count and make allowances for the law, tradition, 

23 and customs of Indian tribes, including by accepting 

24 as a record of proof of physical presence for a claim25 ant a grazing permit, a homesite lease, a record of 
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1 being a holder of a post office box, a letter from an 

2 elected leader of an Indian tribe, or a record of any 

3 recognized tribal association or organization. 

4 SEC. 1099HH. LIMITATION ON CLAIMS. 

5 (a) EXTENSION OF FILING TIME.—Section 8(a) is 

6 amended— 

7 (1) by striking ‘‘2 years’’ and inserting ‘‘19 

8 years’’; and 

9 (2) by striking ‘‘2022’’ and inserting ‘‘2023’’. 

10 (b) RESUBMITTAL OF CLAIMS.—Section 8(b) is 

11 amended to read as follows: 

12 ‘‘(b) RESUBMITTAL OF CLAIMS.— 

13 ‘‘(1) DENIED CLAIMS.—After the date of enact14 ment of the Radiation Exposure Compensation Act 

15 Amendments of 2023, any claimant who has been 

16 denied compensation under this Act may resubmit a 

17 claim for consideration by the Attorney General in 

18 accordance with this Act not more than three times. 

19 Any resubmittal made before the date of the enact20 ment of the Radiation Exposure Compensation Act 

21 Amendments of 2023 shall not be applied to the lim22 itation under the preceding sentence. 

23 ‘‘(2) PREVIOUSLY SUCCESSFUL CLAIMS.— 

24 ‘‘(A) IN GENERAL.—After the date of en25 actment of the Radiation Exposure Compensa-
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1 tion Act Amendments of 2023, any claimant 

2 who received compensation under this Act may 

3 submit a request to the Attorney General for 

4 additional compensation and benefits. Such re5 quest shall contain— 

6 ‘‘(i) the claimant’s name, social secu7 rity number, and date of birth; 

8 ‘‘(ii) the amount of award received 

9 under this Act before the date of enact10 ment of the Radiation Exposure Com11 pensation Act Amendments of 2023; 

12 ‘‘(iii) any additional benefits and com13 pensation sought through such request; 

14 and 

15 ‘‘(iv) any additional information re16 quired by the Attorney General. 

17 ‘‘(B) ADDITIONAL COMPENSATION.—If the 

18 claimant received compensation under this Act 

19 before the date of enactment of the Radiation 

20 Exposure Compensation Act Amendments of 

21 2023 and submits a request under subpara22 graph (A), the Attorney General shall— 

23 ‘‘(i) pay the claimant the amount that 

24 is equal to any excess of— 
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1 ‘‘(I) the amount the claimant is 

2 eligible to receive under this Act (as 

3 amended by the Radiation Exposure 

4 Compensation Act Amendments of 

5 2023); minus 

6 ‘‘(II) the aggregate amount paid 

7 to the claimant under this Act before 

8 the date of enactment of the Radi9 ation Exposure Compensation Act 

10 Amendments of 2023; and 

11 ‘‘(ii) in any case in which the claimant 

12 was compensated under section 4, provide 

13 the claimant with medical benefits under 

14 section 4(a)(5).’’. 

15 SEC. 1099II. GRANT PROGRAM ON EPIDEMIOLOGICAL IM16 PACTS OF URANIUM MINING AND MILLING. 

17 (a) DEFINITIONS.—In this section— 

18 (1) the term ‘‘institution of higher education’’ 

19 has the meaning given under section 101 of the 

20 Higher Education Act of 1965 (20 U.S.C. 1001); 

21 (2) the term ‘‘program’’ means the grant pro22 gram established under subsection (b); and 

23 (3) the term ‘‘Secretary’’ means the Secretary 

24 of Health and Human Services. 
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1 (b) ESTABLISHMENT.—The Secretary shall establish 

2 a grant program relating to the epidemiological impacts 

3 of uranium mining and milling. Grants awarded under the 

4 program shall be used for the study of the epidemiological 

5 impacts of uranium mining and milling among non-occu6 pationally exposed individuals, including family members 

7 of uranium miners and millers. 

8 (c) ADMINISTRATION.—The Secretary shall admin9 ister the program through the National Institute of Envi10 ronmental Health Sciences. 

11 (d) ELIGIBILITY AND APPLICATION.—Any institution 

12 of higher education or nonprofit private entity shall be eli13 gible to apply for a grant. To apply for a grant an eligible 

14 institution or entity shall submit to the Secretary an appli15 cation at such time, in such manner, and containing or 

16 accompanied by such information as the Secretary may 

17 reasonably require. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 $3,000,000 for each of fiscal years 2024 through 2026. 

21 SEC. 1099JJ. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 

22 COMPENSATION PROGRAM. 

23 (a) COVERED EMPLOYEES WITH CANCER.—Section 

24 3621(9) of the Energy Employees Occupational Illness 

25 Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) 
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1 is amended by striking subparagraph (A) and inserting 

2 the following: 

3 ‘‘(A) An individual with a specified cancer 

4 who is a member of the Special Exposure Co5 hort, if and only if— 

6 ‘‘(i) that individual contracted that 

7 specified cancer after beginning employ8 ment at a Department of Energy facility 

9 (in the case of a Department of Energy 

10 employee or Department of Energy con11 tractor employee) or at an atomic weapons 

12 employer facility (in the case of an atomic 

13 weapons employee); or 

14 ‘‘(ii) that individual— 

15 ‘‘(I) contracted that specified 

16 cancer after beginning employment in 

17 a uranium mine or uranium mill de18 scribed under section 5(a)(1)(A)(i) of 

19 the Radiation Exposure Compensation 

20 Act (42 U.S.C. 2210 note) (including 

21 any individual who was employed in 

22 core drilling or the transport of ura23 nium ore or vanadium-uranium ore 

24 from such mine or mill) located in 

25 Colorado, New Mexico, Arizona, Wyo-
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1 ming, South Dakota, Washington, 

2 Utah, Idaho, North Dakota, Oregon, 

3 Texas, or any State the Attorney Gen4 eral makes a determination under sec5 tion 5(a)(2) of that Act for inclusion 

6 of eligibility under section 5(a)(1) of 

7 that Act; and 

8 ‘‘(II) was employed in a uranium 

9 mine or uranium mill described under 

10 subclause (I) (including any individual 

11 who was employed in core drilling or 

12 the transport of uranium ore or vana13 dium-uranium ore from such mine or 

14 mill) at any time during the period 

15 beginning on January 1, 1942, and 

16 ending on December 31, 1990.’’. 

17 (b) MEMBERS OF SPECIAL EXPOSURE COHORT.— 

18 Section 3626 of the Energy Employees Occupational Ill19 ness Compensation Program Act of 2000 (42 U.S.C. 

20 7384q) is amended— 

21 (1) in subsection (a), by striking paragraph (1) 

22 and inserting the following: 

23 ‘‘(1) The Advisory Board on Radiation and 

24 Worker Health under section 3624 shall advise the 

25 President whether there is a class of employees— 
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1 ‘‘(A) at any Department of Energy facility 

2 who likely were exposed to radiation at that fa3 cility but for whom it is not feasible to estimate 

4 with sufficient accuracy the radiation dose they 

5 received; and 

6 ‘‘(B) employed in a uranium mine or ura7 nium mill described under section 5(a)(1)(A)(i) 

8 of the Radiation Exposure Compensation Act 

9 (42 U.S.C. 2210 note) (including any individual 

10 who was employed in core drilling or the trans11 port of uranium ore or vanadium-uranium ore 

12 from such mine or mill) located in Colorado, 

13 New Mexico, Arizona, Wyoming, South Dakota, 

14 Washington, Utah, Idaho, North Dakota, Or15 egon, Texas, and any State the Attorney Gen16 eral makes a determination under section 

17 5(a)(2) of that Act for inclusion of eligibility 

18 under section 5(a)(1) of that Act, at any time 

19 during the period beginning on January 1, 

20 1942, and ending on December 31, 1990, who 

21 likely were exposed to radiation at that mine or 

22 mill but for whom it is not feasible to estimate 

23 with sufficient accuracy the radiation dose they 

24 received.’’; and 
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1 (2) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) DESIGNATION OF ADDITIONAL MEMBERS.— 

4 ‘‘(1) Subject to the provisions of section 

5 3621(14)(C), the members of a class of employees at 

6 a Department of Energy facility, or at an atomic 

7 weapons employer facility, may be treated as mem8 bers of the Special Exposure Cohort for purposes of 

9 the compensation program if the President, upon 

10 recommendation of the Advisory Board on Radiation 

11 and Worker Health, determines that— 

12 ‘‘(A) it is not feasible to estimate with suf13 ficient accuracy the radiation dose that the 

14 class received; and 

15 ‘‘(B) there is a reasonable likelihood that 

16 such radiation dose may have endangered the 

17 health of members of the class. 

18 ‘‘(2) Subject to the provisions of section 

19 3621(14)(C), the members of a class of employees 

20 employed in a uranium mine or uranium mill de21 scribed under section 5(a)(1)(A)(i) of the Radiation 

22 Exposure Compensation Act (42 U.S.C. 2210 note) 

23 (including any individual who was employed in core 

24 drilling or the transport of uranium ore or vana25 dium-uranium ore from such mine or mill) located in 
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1 Colorado, New Mexico, Arizona, Wyoming, South 

2 Dakota, Washington, Utah, Idaho, North Dakota, 

3 Oregon, Texas, and any State the Attorney General 

4 makes a determination under section 5(a)(2) of that 

5 Act for inclusion of eligibility under section 5(a)(1) 

6 of that Act, at any time during the period beginning 

7 on January 1, 1942, and ending on December 31, 

8 1990, may be treated as members of the Special Ex9 posure Cohort for purposes of the compensation pro10 gram if the President, upon recommendation of the 

11 Advisory Board on Radiation and Worker Health, 

12 determines that— 

13 ‘‘(A) it is not feasible to estimate with suf14 ficient accuracy the radiation dose that the 

15 class received; and 

16 ‘‘(B) there is a reasonable likelihood that 

17 such radiation dose may have endangered the 

18 health of members of the class.’’. 

19 Subtitle J—Crypto Assets 

20 SEC. 1099AAA. CRYPTO ASSET ANTI-MONEY LAUNDERING 

21 EXAMINATION STANDARDS. 

22 Not later than 2 years after the date of enactment 

23 of this Act, the Secretary of the Treasury, in consultation 

24 with the Conference of State Bank Supervisors and Fed25 eral functional regulators, as defined in section 1010.100 
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1 of title 31, Code of Federal Regulations, shall establish 

2 a risk-focused examination and review process for finan3 cial institutions, as defined in that section, to assess the 

4 following relating to crypto assets, as determined by the 

5 Secretary: 

6 (1) The adequacy of reporting obligations and 

7 anti-money laundering programs under subsections 

8 (g) and (h) of section 5318 of title 31, United States 

9 Code, respectively as applied to those institutions. 

10 (2) Compliance of those institutions with anti11 money laundering and countering the financing of 

12 terrorism requirements under subchapter II of chap13 ter 53 of title 31, United States Code. 

14 SEC. 1099BBB. COMBATING ANONYMOUS CRYPTO ASSET 

15 TRANSACTIONS. 

16 Not later than 1 year after the date of enactment 

17 of this Act, the Secretary of the Treasury shall submit 

18 a report and provide a briefing, as determined by the Sec19 retary, to the Committee on Banking, Housing and Urban 

20 Affairs of the Senate and the Committee on Financial 

21 Services of the House of Representatives that assess the 

22 following issues: 

23 (1) Categories of anonymity-enhancing tech24 nologies or services used in connection with crypto 
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1 assets, such as mixers and tumblers, in use as of the 

2 date on which the report is submitted. 

3 (2) As data are available, estimates of the mag4 nitude of transactions related to the categories in 

5 paragraph (1) that are believed to be connected, di6 rectly or indirectly, to illicit finance, including crypto 

7 asset transaction volumes associated with sanctioned 

8 entities and entities subject to special measures pur9 suant to section 5318A of title 31, United States 

10 Code, and a description of any limitations applicable 

11 to the data used in such estimates. 

12 (3) Categories of privacy-enhancing technologies 

13 or services used in connection with crypto assets in 

14 use as of the date on which the report is submitted. 

15 (4) Legislative and regulatory approaches em16 ployed by other jurisdictions relating to the tech17 nologies and services described in paragraphs (1) 

18 and (3). 

19 (5) Recommendations for legislation or regula20 tion relating to the technologies and services de21 scribed in paragraphs (1) and (3). 
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1 Subtitle K—Combating Cartels on 

2 Social Media Act of 2023 

3 SEC. 1099AAAA. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Combating Cartels 

5 on Social Media Act of 2023’’. 

6 SEC. 1099BBBB. DEFINITIONS. 

7 In this subtitle: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Homeland Security 

12 and Governmental Affairs and the Committee 

13 on Foreign Relations of the Senate; and 

14 (B) the Committee on Homeland Security 

15 and the Committee on Foreign Affairs of the 

16 House of Representatives. 

17 (2) COVERED OPERATOR.—The term ‘‘covered 

18 operator’’ means the operator, developer, or pub19 lisher of a covered service. 

20 (3) COVERED SERVICE.—The term ‘‘covered 

21 service’’ means— 

22 (A) a social media platform; 

23 (B) a mobile or desktop service with direct 

24 or group messaging capabilities, but not includ25 ing text messaging services without other sub-
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1 stantial social functionalities or electronic mail 

2 services, that the Secretary of Homeland Secu3 rity determines is being or has been used by 

4 transnational criminal organizations in connec5 tion with matters described in section 1093; 

6 and 

7 (C) a digital platform, or an electronic ap8 plication utilizing the digital platform, involving 

9 real-time interactive communication between 

10 multiple individuals, including multi-player 

11 gaming services and immersive technology plat12 forms or applications, that the Secretary of 

13 Homeland Security determines is being or has 

14 been used by transnational criminal organiza15 tions in connection with matters described in 

16 section 1093. 

17 (4) CRIMINAL ENTERPRISE.—The term ‘‘crimi18 nal enterprise’’ has the meaning given the term 

19 ‘‘continuing criminal enterprise’’ in section 408 of 

20 the Controlled Substances Act (21 U.S.C. 848). 

21 (5) ILLICIT ACTIVITIES.—The term ‘‘illicit ac22 tivities’’ means the following criminal activities that 

23 transcend national borders: 

24 (A) A violation of section 401 of the Con25 trolled Substances Act (21 U.S.C. 841). 
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1 (B) Narcotics trafficking, as defined in 

2 section 808 of the Foreign Narcotics Kingpin 

3 Designation Act (21 U.S.C. 1907). 

4 (C) Trafficking of weapons, as defined in 

5 section 922 of title 18, United States Code. 

6 (D) Migrant smuggling, defined as a viola7 tion of section 274(a)(1)(A)(ii) of the Immigra8 tion and Nationality Act (8 U.S.C. 

9 1324(a)(1)(A)(ii)). 

10 (E) Human trafficking, defined as— 

11 (i) a violation of section 1590, 1591, 

12 or 1592 of title 18, United States Code; or 

13 (ii) engaging in severe forms of traf14 ficking in persons, as defined in section 

15 103 of the Victims of Trafficking and Vio16 lence Protection Act of 2000 (22 U.S.C. 

17 7102). 

18 (F) Cyber crime, defined as a violation of 

19 section 1030 of title 18, United States Code. 

20 (G) A violation of any provision that is 

21 subject to intellectual property enforcement, as 

22 defined in section 302 of the Prioritizing Re23 sources and Organization for Intellectual Prop24 erty Act of 2008 (15 U.S.C. 8112). 
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1 (H) Bulk cash smuggling of currency, de2 fined as a violation of section 5332 of title 31, 

3 United States Code. 

4 (I) Laundering the proceeds of the crimi5 nal activities described in subparagraphs (A) 

6 through (H). 

7 (6) TRANSNATIONAL CRIMINAL ORGANIZA8 TION.—The term ‘‘transnational criminal organiza9 tion’’ means groups, networks, and associated indi10 viduals who operate transnationally for the purposes 

11 of obtaining power, influence, or monetary or com12 mercial gain, wholly or in part by certain illegal 

13 means, while advancing their activities through a 

14 pattern of crime, corruption, or violence, and while 

15 protecting their illegal activities through a 

16 transnational organizational structure and the ex17 ploitation of public corruption or transnational logis18 tics, financial, or communication mechanisms. 

19 SEC. 1099CCCC. ASSESSMENT OF ILLICIT USAGE. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Secretary of Homeland Security and the 

22 Secretary of State shall submit to the appropriate congres23 sional committees a joint assessment describing— 

24 (1) the use of covered services by transnational 

25 criminal organizations, or criminal enterprises acting 
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1 on behalf of transnational criminal organizations, to 

2 engage in recruitment efforts, including the recruit3 ment of individuals, including individuals under the 

4 age of 18, located in the United States to engage in 

5 or provide support with respect to illicit activities oc6 curring in the United States, Mexico, or otherwise in 

7 proximity to an international boundary of the United 

8 States; 

9 (2) the use of covered services by transnational 

10 criminal organizations to engage in illicit activities 

11 or conduct in support of illicit activities, including— 

12 (A) smuggling or trafficking involving nar13 cotics, other controlled substances, precursors 

14 thereof, or other items prohibited under the 

15 laws of the United States, Mexico, or another 

16 relevant jurisdiction, including firearms; 

17 (B) human smuggling or trafficking, in18 cluding the exploitation of children; and 

19 (C) transportation of bulk currency or 

20 monetary instruments in furtherance of smug21 gling activity; and 

22 (3) the existing efforts of the Secretary of 

23 Homeland Security, the Secretary of State, and rel24 evant government and law enforcement entities to 

25 counter, monitor, or otherwise respond to the usage 
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1 of covered services described in paragraphs (1) and 

2 (2). 

3 SEC. 1099DDDD. STRATEGY TO COMBAT CARTEL RECRUIT4 MENT ON SOCIAL MEDIA AND ONLINE PLAT5 FORMS. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary of Homeland 

8 Security and the Secretary of State shall submit to the 

9 appropriate congressional committees a joint strategy, to 

10 be known as the National Strategy to Combat Illicit Re11 cruitment Activity by Transnational Criminal Organiza12 tions on Social Media and Online Platforms, to combat 

13 the use of covered services by transnational criminal orga14 nizations, or criminal enterprises acting on behalf of 

15 transnational criminal organizations, to recruit individuals 

16 located in the United States to engage in or provide sup17 port with respect to illicit activities occurring in the 

18 United States, Mexico, or otherwise in proximity to an 

19 international boundary of the United States. 

20 (b) ELEMENTS.— 

21 (1) IN GENERAL.—The strategy required under 

22 subsection (a) shall, at a minimum, include the fol23 lowing: 

24 (A) A proposal to improve cooperation and 

25 thereafter maintain cooperation between the 
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1 Secretary of Homeland Security, the Secretary 

2 of State, and relevant law enforcement entities 

3 with respect to the matters described in sub4 section (a). 

5 (B) Recommendations to implement a 

6 process for the voluntary reporting of informa7 tion regarding the recruitment efforts of 

8 transnational criminal organizations in the 

9 United States involving covered services. 

10 (C) A proposal to improve 

11 intragovernmental coordination with respect to 

12 the matters described in subsection (a), includ13 ing between the Department of Homeland Secu14 rity, the Department of State, and State, Trib15 al, and local governments. 

16 (D) A proposal to improve coordination 

17 within the Department of Homeland Security 

18 and the Department of State and between the 

19 components of those Departments with respect 

20 to the matters described in subsection (a). 

21 (E) Activities to facilitate increased intel22 ligence analysis for law enforcement purposes of 

23 efforts of transnational criminal organizations 

24 to utilize covered services for recruitment to en-
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1 gage in or provide support with respect to illicit 

2 activities. 

3 (F) Activities to foster international part4 nerships and enhance collaboration with foreign 

5 governments and, as applicable, multilateral in6 stitutions with respect to the matters described 

7 in subsection (a). 

8 (G) Activities to specifically increase en9 gagement and outreach with youth in border 

10 communities, including regarding the recruit11 ment tactics of transnational criminal organiza12 tions and the consequences of participation in 

13 illicit activities. 

14 (H) A detailed description of the measures 

15 used to ensure— 

16 (i) law enforcement and intelligence 

17 activities focus on the recruitment activi18 ties of transitional criminal organizations 

19 not individuals the transnational criminal 

20 organizations attempt to or successfully re21 cruit; and 

22 (ii) the privacy rights, civil rights, and 

23 civil liberties protections in carrying out 

24 the activities described in clause (i), with a 

25 particular focus on the protections in place 
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1 to protect minors and constitutionally pro2 tected activities. 

3 (2) LIMITATION.—The strategy required under 

4 subsection (a) shall not include legislative rec5 ommendations or elements predicated on the passage 

6 of legislation that is not enacted as of the date on 

7 which the strategy is submitted under subsection 

8 (a). 

9 (c) CONSULTATION.—In drafting and implementing 

10 the strategy required under subsection (a), the Secretary 

11 of Homeland Security and the Secretary of State shall, 

12 at a minimum, consult and engage with— 

13 (1) the heads of relevant components of the De14 partment of Homeland Security, including— 

15 (A) the Under Secretary for Intelligence 

16 and Analysis; 

17 (B) the Under Secretary for Strategy, Pol18 icy, and Plans; 

19 (C) the Under Secretary for Science and 

20 Technology; 

21 (D) the Commissioner of U.S. Customs 

22 and Border Protection; 

23 (E) the Director of U.S. Immigration and 

24 Customs Enforcement; 
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1 (F) the Officer for Civil Rights and Civil 

2 Liberties; 

3 (G) the Privacy Officer; and 

4 (H) the Assistant Secretary of the Office 

5 for State and Local Law Enforcement; 

6 (2) the heads of relevant components of the De7 partment of State, including— 

8 (A) the Assistant Secretary for Inter9 national Narcotics and Law Enforcement Af10 fairs; 

11 (B) the Assistant Secretary for Western 

12 Hemisphere Affairs; and 

13 (C) the Coordinator of the Global Engage14 ment Center; 

15 (3) the Attorney General; 

16 (4) the Secretary of Health and Human Serv17 ices; and 

18 (5) the Secretary of Education; and 

19 (6) as selected by the Secretary of Homeland 

20 Security, or his or her designee in the Office of Pub21 lic Engagement, representatives of border commu22 nities, including representatives of— 

23 (A) State, Tribal, and local governments, 

24 including school districts and local law enforce25 ment; and 
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1 (B) nongovernmental experts in the fields 

2 of— 

3 (i) civil rights and civil liberties; 

4 (ii) online privacy; 

5 (iii) humanitarian assistance for mi6 grants; and 

7 (iv) youth outreach and rehabilitation. 

8 (d) IMPLEMENTATION.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date on which the strategy required under sub11 section (a) is submitted to the appropriate congres12 sional committees, the Secretary of Homeland Secu13 rity and the Secretary of State shall commence im14 plementation of the strategy. 

15 (2) REPORT.— 

16 (A) IN GENERAL.—Not later than 180 

17 days after the date on which the strategy re18 quired under subsection (a) is implemented 

19 under paragraph (1), and semiannually there20 after for 5 years, the Secretary of Homeland 

21 Security and the Secretary of State shall sub22 mit to the appropriate congressional committees 

23 a joint report describing the efforts of the Sec24 retary of Homeland Security and the Secretary 

25 of State to implement the strategy required 
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1 under subsection (a) and the progress of those 

2 efforts, which shall include a description of— 

3 (i) the recommendations, and cor4 responding implementation of those rec5 ommendations, with respect to the matters 

6 described in subsection (b)(1)(B); 

7 (ii) the interagency posture with re8 spect to the matters covered by the strat9 egy required under subsection (a), which 

10 shall include a description of collaboration 

11 between the Secretary of Homeland Secu12 rity, the Secretary of State, other Federal 

13 entities, State, local, and Tribal entities, 

14 and foreign governments; and 

15 (iii) the threat landscape, including 

16 new developments related to the United 

17 States recruitment efforts of transnational 

18 criminal organizations and the use by 

19 those organizations of new or emergent 

20 covered services and recruitment methods. 

21 (B) FORM.—Each report required under 

22 subparagraph (A) shall be submitted in unclas23 sified form, but may contain a classified annex. 

24 (3) CIVIL RIGHTS, CIVIL LIBERTIES, AND PRI25 VACY ASSESSMENT.—Not later than 2 years after 
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1 the date on which the strategy required under sub2 section (a) is implemented under paragraph (1), the 

3 Office for Civil Rights and Civil Liberties and the 

4 Privacy Office of the Department of Homeland Se5 curity shall submit to the appropriate congressional 

6 committees a joint report that includes— 

7 (A) a detailed assessment of the measures 

8 used to ensure the protection of civil rights, 

9 civil liberties, and privacy rights in carrying out 

10 this section; and 

11 (B) recommendations to improve the im12 plementation of the strategy required under 

13 subsection (a). 

14 (4) RULEMAKING.—Prior to implementation of 

15 the strategy required under subsection (a) at the 

16 Department of Homeland Security, the Secretary of 

17 Homeland Security shall issue rules to carry out this 

18 section in accordance with section 553 of title 5, 

19 United States Code. 

20 SEC. 1099EEEE. RULE OF CONSTRUCTION. 

21 Nothing in this subtitle shall be construed to expand 

22 the statutory law enforcement or regulatory authority of 

23 the Department of Homeland Security or the Department 

24 of State. 
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1 SEC. 1099FFFF. NO ADDITIONAL FUNDS. 

2 No additional funds are authorized to be appro3 priated for the purpose of carrying out this subtitle. 

4 TITLE XI—CONNECTING 

5 OCEANIA’S NATIONS WITH 

6 VANGUARD EXERCISES AND 

7 NATIONAL EMPOWERMENT 

8 SEC. 1101. SHORT TITLE; TABLE OF CONTENTS. 

9 (a) SHORT TITLE.—This title may be cited as the 

10 ‘‘Connecting Oceania’s Nations with Vanguard Exercises 

11 and National Empowerment’’ or the ‘‘CONVENE Act of 

12 2023’’. 

13 (b) TABLE OF CONTENTS.—The table of contents for 

14 this title is as follows: 

TITLE XI—CONNECTING OCEANIA’S NATIONS WITH VANGUARD 

EXERCISES AND NATIONAL EMPOWERMENT 

Sec. 1101. Short title; table of contents. 

Sec. 1102. Definitions. 

Sec. 1103. National security councils of specified countries. 

15 SEC. 1102. DEFINITIONS. 

16 In this title: 

17 (1) APPROPRIATE COMMITTEES OF CON18 GRESS.—The term ‘‘appropriate committees of Con19 gress’’ means— 

20 (A) the Committee on Foreign Relations 

21 and the Committee on Armed Services of the 

22 Senate; and 
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1 (B) the Committees on Foreign Affairs 

2 and the Committee on Armed Services of the 

3 House of Representatives. 

4 (2) CONGRESSIONAL DEFENSE COMMITTEES.— 

5 The term ‘‘congressional defense committees’’ has 

6 the meaning given such term in section 101(a) of 

7 title 10, United States Code. 

8 (3) NATIONAL SECURITY COUNCIL.—The term 

9 ‘‘national security council’’ means, with respect to a 

10 specified country, an intergovernmental body under 

11 the jurisdiction of the freely elected government of 

12 the specified country that acts as the primary co13 ordinating entity for security cooperation, disaster 

14 response, and the activities described section 

15 6103(f). 

16 (4) SPECIFIED COUNTRY.—The term ‘‘specified 

17 country’’ means— 

18 (A) the Federated States of Micronesia; 

19 (B) the Republic of the Marshall Islands; 

20 and 

21 (C) the Republic of Palau. 

22 SEC. 1103. NATIONAL SECURITY COUNCILS OF SPECIFIED 

23 COUNTRIES. 

24 (a) IN GENERAL.—The Secretary of State, in con25 sultation with other relevant Federal departments and 
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1 agencies, as appropriate, may consult and engage with 

2 each specified country to advise and provide assistance to 

3 a national security council (including by developing a na4 tional security council, if appropriate), or to identify a 

5 similar coordinating body for national security matters, 

6 comprised of citizens of the specified country— 

7 (1) that enables the specified country— 

8 (A) to better coordinate with the United 

9 States Government, including the Armed 

10 Forces, as appropriate; 

11 (B) to increase cohesion on activities, in12 cluding emergency humanitarian response, law 

13 enforcement, and maritime security activities; 

14 and 

15 (C) to provide trained professionals to 

16 serve as members of the committees of the 

17 specified country established under the applica18 ble Compact of Free Association; and 

19 (2) for the purpose of enhancing resilience ca20 pabilities and protecting the people, infrastructure, 

21 and territory of the specified country from malign 

22 actions. 

23 (b) COMPOSITION.—The Secretary of State, respect24 ing the unique needs of each specified country, may seek 

25 to ensure that the national security council, or other iden-
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1 tified coordinating body, of the specified country is com2 posed of sufficient staff and members to enable the activi3 ties described in subsection (f). 

4 (c) ACCESS TO SENSITIVE INFORMATION.—The Sec5 retary of State, with the concurrence of the Director of 

6 National Intelligence, may establish, as appropriate, for 

7 use by the members and staff of the national security 

8 council, or other identified coordinating body, of each 

9 specified country standards and a process for vetting and 

10 sharing sensitive information. 

11 (d) STANDARDS FOR EQUIPMENT AND SERVICES.— 

12 The Secretary of State may work with the national secu13 rity council, or other identified coordinating body, of each 

14 specified country to ensure that— 

15 (1) the equipment and services used by the na16 tional security council or other identified coordi17 nating body are compliant with security standards so 

18 as to minimize the risk of cyberattacks or espionage; 

19 (2) the national security council or other identi20 fied coordinating body takes all reasonable efforts 

21 not to procure or use systems, equipment, or soft22 ware that originates from any entity identified under 

23 section 1260H of the William M. (Mac) Thornberry 

24 National Defense Authorization Act for Fiscal Year 
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1 2021 (Public Law 116–283; 134 Stat. 3965; 10 

2 U.S.C. 113 note); and 

3 (3) to the extent practicable, the equipment and 

4 services used by the national security council or 

5 other identified coordinating body are interoperable 

6 with the equipment and services used by the national 

7 security councils, or other identified coordinating 

8 bodies, of the other specified countries. 

9 (e) REPORT ON IMPLEMENTATION.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, and an12 nually thereafter for two years, the Secretary of 

13 State shall submit to the appropriate committees of 

14 Congress a report that includes— 

15 (A) an assessment as to whether a national 

16 security council or a similar formal coordinating 

17 body is helping or would help achieve the objec18 tives described in subsection (a) at acceptable 

19 financial and opportunity cost; 

20 (B) a description of all actions taken by 

21 the United States Government to assist in the 

22 identification or maintenance of a national se23 curity council, or other identified coordinating 

24 body, in each specified country; 
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1 (C) with respect to each specified country, 

2 an assessment as to whether— 

3 (i) the specified country has appro4 priately staffed its national security council 

5 or other identified coordinating body; and 

6 (ii) the extent to which the national 

7 security council, or other identified coordi8 nating body, of the specified country is ca9 pable of carrying out the activities de10 scribed in subsection (f); 

11 (D) an assessment of— 

12 (i) any challenge to cooperation and 

13 coordination with the national security 

14 council, or other identified coordinating 

15 body, of any specified country; 

16 (ii) current efforts by the Secretary of 

17 State to coordinate with the specified coun18 tries on the activities described in sub19 section (f); and 

20 (iii) existing governmental entities 

21 within each specified country that are ca22 pable of supporting such activities; 

23 (E) a description of any challenge with re24 spect to— 
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1 (i) the implementation of the national 

2 security council, or other identified coordi3 nating body, of any specified country; and 

4 (ii) the implementation of subsections 

5 (a) through (d); 

6 (F) an assessment of any attempt or cam7 paign by a malign actor to influence the polit8 ical, security, or economic policy of a specified 

9 country, a member of a national security coun10 cil or other identified coordinating body, or an 

11 immediate family member of such a member; 

12 and 

13 (G) any other matter the Secretary of 

14 State considers relevant. 

15 (2) FORM.—Each report required by paragraph 

16 (1) may be submitted in unclassified form and may 

17 include a classified annex. 

18 (f) ACTIVITIES DESCRIBED.—The activities described 

19 in this subsection are the following: 

20 (1) HOMELAND SECURITY ACTIVITIES.— 

21 (A) Coordination of— 

22 (i) the prosecution and investigation 

23 of transnational criminal enterprises; 

24 (ii) responses to national emergencies, 

25 such as natural disasters; 
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1 (iii) counterintelligence and counter2 coercion responses to foreign threats; and 

3 (iv) efforts to combat illegal, unre4 ported, or unregulated fishing. 

5 (B) Coordination with United States Gov6 ernment officials on humanitarian response, 

7 military exercises, law enforcement, and other 

8 issues of security concern. 

9 (C) Identification and development of an 

10 existing governmental entity to support home11 land defense and civil support activities. 

12 TITLE XII—CIVILIAN 

13 PERSONNEL MATTERS 

14 SEC. 1201. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

15 ANNUAL LIMITATION ON PREMIUM PAY AND 

16 AGGREGATE LIMITATION ON PAY FOR FED17 ERAL CIVILIAN EMPLOYEES WORKING OVER18 SEAS. 

19 Subsection (a) of section 1101 of the Duncan Hunter 

20 National Defense Authorization Act for Fiscal Year 2009 

21 (Public Law 110–417; 122 Stat. 4615), as most recently 

22 amended by section 1102 of the James M. Inhofe National 

23 Defense Authorization Act for Fiscal Year 2023 (Public 

24 Law 117–263), is further amended by striking ‘‘through 

25 2023’’ and inserting ‘‘through 2024’’. 
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1 SEC. 1202. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR2 ITY TO GRANT ALLOWANCES, BENEFITS, AND 

3 GRATUITIES TO CIVILIAN PERSONNEL ON OF4 FICIAL DUTY IN A COMBAT ZONE. 

5 Paragraph (2) of section 1603(a) of the Emergency 

6 Supplemental Appropriations Act for Defense, the Global 

7 War on Terror, and Hurricane Recovery, 2006 (Public 

8 Law 109–234; 120 Stat. 443), as added by section 1102 

9 of the Duncan Hunter National Defense Authorization 

10 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

11 4616) and as most recently amended by section 1103 of 

12 the James M. Inhofe National Defense Authorization Act 

13 for Fiscal Year 2023 (Public Law 117–263), is further 

14 amended by striking ‘‘2024’’ and inserting ‘‘2025’’. 

15 SEC. 1203. EXCLUSION OF POSITIONS IN NON16 APPROPRIATED FUND INSTRUMENTALITIES 

17 FROM LIMITATIONS ON DUAL PAY. 

18 Section 5531(2) of title 5, United States Code, is 

19 amended by striking ‘‘Government corporation and’’ and 

20 inserting ‘‘Government corporation, but excluding’’. 

21 SEC. 1204. EXCEPTION TO LIMITATION ON NUMBER OF SEN22 IOR EXECUTIVE SERVICE POSITIONS FOR 

23 THE DEPARTMENT OF DEFENSE. 

24 Section 1109(a) of the National Defense Authoriza25 tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
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1 Stat. 2449; 5 U.S.C. 3133 note) is amended by adding 

2 at the end the following new paragraph: 

3 ‘‘(3) EXCEPTION.—The limitation under this 

4 subsection shall not apply to positions described in 

5 this subsection that are fully funded through 

6 amounts appropriated to an agency other than the 

7 Department of Defense.’’. 

8 SEC. 1205. REMOVAL OF WASHINGTON HEADQUARTERS 

9 SERVICES DIRECT SUPPORT FROM PER10 SONNEL LIMITATION ON THE OFFICE OF THE 

11 SECRETARY OF DEFENSE. 

12 Section 143(b) of title 10, United States Code, is 

13 amended by striking ‘‘(including Direct Support Activities 

14 of that Office and the Washington Headquarters Services 

15 of the Department of Defense)’’. 

16 SEC. 1206. CONSOLIDATION OF DIRECT HIRE AUTHORITIES 

17 FOR CANDIDATES WITH SPECIFIED DEGREES 

18 AT SCIENCE AND TECHNOLOGY REINVEN19 TION LABORATORIES. 

20 Section 4091 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (a)(1), by striking ‘‘bachelor’s 

23 degree’’ and inserting ‘‘bachelor’s or advanced de24 gree’’; 

25 (2) in subsection (c)— 
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†S 2226 ES

1 (A) in the subsection heading, by striking 

2 ‘‘CALENDAR YEAR’’ and inserting ‘‘FISCAL

3 YEAR’’ ; 

4 (B) in the matter preceding paragraph (1), 

5 by striking ‘‘calendar year’’ and inserting ‘‘fis6 cal year’’; 

7 (C) in paragraph (1), by striking ‘‘6 per8 cent’’ and inserting ‘‘11 percent’’; and 

9 (D) in paragraphs (1), (2), and (3), by 

10 striking ‘‘the fiscal year last ending before the 

11 start of such calendar year’’ and inserting ‘‘the 

12 preceding fiscal year’’; 

13 (3) by striking subsection (f); and 

14 (4) by redesignating subsection (g) as sub15 section (f). 

16 SEC. 1207. EXPANSION AND EXTENSION OF DIRECT HIRE 

17 AUTHORITY FOR CERTAIN PERSONNEL OF 

18 THE DEPARTMENT OF DEFENSE. 

19 Section 9905 of title 5, United States Code, is 

20 amended— 

21 (1) in subsection (a), by adding at the end the 

22 following new paragraphs: 

23 ‘‘(12) Any position in support of aircraft oper24 ations for which the Secretary determines there is a 

25 critical hiring need and shortage of candidates. 
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1 ‘‘(13) Any position in support of the safety of 

2 the public, law enforcement, or first response for 

3 which the Secretary determines there is a critical 

4 hiring need and shortage of candidates. 

5 ‘‘(14) Any position in support of the Office of 

6 the Inspector General of the Department relating to 

7 oversight of the conflict in Ukraine for which the 

8 Secretary determines there is a critical hiring need 

9 and shortage of candidates.’’; and 

10 (2) in subsection (b)(1), by striking ‘‘September 

11 30, 2025’’ and inserting ‘‘September 30, 2030’’. 

12 SEC. 1208. EXTENSION OF DIRECT HIRE AUTHORITY FOR 

13 THE DEPARTMENT OF DEFENSE FOR POST14 SECONDARY STUDENTS AND RECENT GRAD15 UATES. 

16 Section 1106(d) of the National Defense Authoriza17 tion Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) 

18 is amended by striking ‘‘September 30, 2025’’ and insert19 ing ‘‘September 30, 2030’’. 

20 SEC. 1209. EXTENSION OF DIRECT HIRE AUTHORITY FOR 

21 DOMESTIC INDUSTRIAL BASE FACILITIES 

22 AND MAJOR RANGE AND TEST FACILITIES 

23 BASE. 

24 Section 1125(a) of the National Defense Authoriza25 tion Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; 
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1 Public Law 114–328) is amended by striking ‘‘through 

2 2025,’’ and inserting ‘‘through 2028,’’. 

3 SEC. 1210. AUTHORITY TO EMPLOY CIVILIAN FACULTY 

4 MEMBERS AT SPACE FORCE SCHOOLS. 

5 (a) IN GENERAL.—Section 9371 of title 10, United 

6 States Code, is amended— 

7 (1) in the section heading, by inserting ‘‘and 

8 Space Delta 13’’ after ‘‘Air University’’ 

9 (2) in subsection (a), by inserting ‘‘or of the 

10 Space Delta 13’’ after ‘‘Air University’’; and 

11 (3) in subsection (c)— 

12 (A) in paragraphs (1), by inserting ‘‘or of 

13 the Space Delta 13’’ after ‘‘Air University’’; 

14 and 

15 (B) in paragraph (2), by inserting ‘‘or of 

16 the Space Delta 13’’ after ‘‘Air University’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 947 of such title is amended 

19 by striking the item relating to section 9371 and inserting 

20 the following new item: 

‘‘9371. Air University and Space Delta 13: civilian faculty members.’’. 
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1 SEC. 1211. REPORT AND SUNSET RELATING TO INAPPLICA2 BILITY OF CERTIFICATION OF EXECUTIVE 

3 QUALIFICATIONS BY QUALIFICATION REVIEW 

4 BOARDS OF OFFICE OF PERSONNEL MANAGE5 MENT. 

6 Section 1109 of the John S. McCain National De7 fense Authorization Act for Fiscal Year 2019 (5 U.S.C. 

8 3393 note) is amended— 

9 (1) in subsection (d)— 

10 (A) in paragraph (1), in the matter pre11 ceding subparagraph (A), by striking ‘‘para12 graph (3)’’ and inserting ‘‘paragraph (4)’’; 

13 (B) in paragraph (2), in the matter pre14 ceding subparagraph (A), by striking ‘‘para15 graph (3)’’ and inserting ‘‘paragraph (4)’’; 

16 (C) by redesignating paragraph (3) as 

17 paragraph (4); and 

18 (D) by inserting after paragraph (2) the 

19 following new paragraph (3): 

20 ‘‘(3) ADDITIONAL REPORT.—Not later than De21 cember 1, 2024, the Secretary shall submit to the 

22 committees of Congress specified in paragraph (4) 

23 and the Comptroller General of the United States a 

24 report on the use of the authority provided in this 

25 section. The report shall include the following: 
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1 ‘‘(A) The number and type of appoint2 ments made under this section between August 

3 13, 2018, and the date of the report. 

4 ‘‘(B) Data on and an assessment of wheth5 er appointments under the authority in this sec6 tion reduced the time to hire when compared 

7 with the time to hire under the review system 

8 of the Office of Personnel Management in use 

9 as of the date of the report. 

10 ‘‘(C) An assessment of the utility of the 

11 appointment authority and process under this 

12 section. 

13 ‘‘(D) An assessment of whether the ap14 pointments made under this section resulted in 

15 higher quality new executives for the Senior Ex16 ecutive Service of the Department when com17 pared with the executives produced in the De18 partment under the review system in use be19 tween August 13, 2013, and August 13, 2018. 

20 ‘‘(E) Any recommendation for the improve21 ment of the selection and qualification process 

22 for the Senior Executive Service of the Depart23 ment that the Secretary considers necessary in 

24 order to attract and hire highly qualified can-
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1 didates for service in that Senior Executive 

2 Service.’’; and 

3 (2) in subsection (e), by striking ‘‘August 13, 

4 2023’’ and inserting ‘‘September 30, 2025’’. 

5 SEC. 1212. EXTENSION OF DATE OF FIRST EMPLOYMENT 

6 FOR ACQUISITION OF COMPETITIVE STATUS 

7 FOR EMPLOYEES OF INSPECTORS GENERAL 

8 FOR OVERSEAS CONTINGENCY OPERATIONS. 

9 Section 419(d)(5)(B) of title 5, United States Code, 

10 is amended by striking ‘‘2 years’’ and inserting ‘‘5 years’’. 

11 SEC. 1213. EXPANSION OF NONCOMPETITIVE APPOINT12 MENT ELIGIBILITY TO SPOUSES OF DEPART13 MENT OF DEFENSE CIVILIANS. 

14 (a) IN GENERAL.—Section 3330d of title 5, United 

15 States Code, is amended— 

16 (1) in the section heading, by inserting ‘‘and 

17 Department of Defense civilian’’ after 

18 ‘‘military’’; 

19 (2) in subsection (a), by adding at the end the 

20 following: 

21 ‘‘(4) The term ‘spouse of an employee of the 

22 Department of Defense’ means an individual who is 

23 married to an employee of the Department of De24 fense who is transferred in the interest of the Gov25 ernment from one official station within the Depart-
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1 ment to another within the Department (that is out2 side of normal commuting distance) for permanent 

3 duty.’’; and 

4 (3) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘or’’ at 

6 the end; 

7 (B) in paragraph (2), by striking the pe8 riod at the end and inserting ‘‘; or’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(3) a spouse of an employee of the Depart11 ment of Defense.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 The table of sections for subchapter I of chapter 33 of 

14 title 5, United States Code, is amended by striking the 

15 item relating to section 3330d and inserting the following: 

‘‘3330d. Appointment of military and Department of Defense civilian spouses.’’. 

16 (c) OPM LIMITATION AND REPORTS.— 

17 (1) RELOCATING SPOUSES.—With respect to 

18 the noncompetitive appointment of a relocating 

19 spouse of an employee of the Department of Defense 

20 under paragraph (3) of section 3330d(b) of title 5, 

21 United States Code, as added by subsection (a), the 

22 Director of the Office of Personnel Management 

23 shall— 

24 (A) monitor the number of those appoint25 ments; 
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1 (B) require the head of each agency with 

2 the authority to make those appointments 

3 under that provision to submit to the Director 

4 an annual report on those appointments, includ5 ing information on the number of individuals so 

6 appointed, the types of positions filled, and the 

7 effectiveness of the authority for those appoint8 ments; and 

9 (C) not later than 18 months after the 

10 date of enactment of this Act, submit to the 

11 Committee on Homeland Security and Govern12 mental Affairs of the Senate and the Committee 

13 on Oversight and Accountability of the House 

14 of Representatives a report on the use and ef15 fectiveness of the authority described in sub16 paragraph (B). 

17 (2) NON-RELOCATING SPOUSES.—With respect 

18 to the noncompetitive appointment of a spouse of an 

19 employee of the Department of Defense other than 

20 a relocating spouse described in paragraph (1), the 

21 Director of the Office of Personnel Management— 

22 (A) shall treat the spouse as a relocating 

23 spouse under paragraph (1); and 

24 (B) may limit the number of those ap25 pointments. 
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1 (d) SUNSET.—Effective on December 31, 2028— 

2 (1) the authority provided by this section, and 

3 the amendments made by this section, shall expire; 

4 and 

5 (2) the provisions of section 3330d of title 5, 

6 United States Code, amended or repealed by this 

7 section are restored or revived as if this section had 

8 not been enacted. 

9 SEC. 1214. ELIMINATION OF GOVERNMENT ACCOUNT10 ABILITY OFFICE REVIEW REQUIREMENT RE11 LATING TO DEPARTMENT OF DEFENSE PER12 SONNEL AUTHORITIES. 

13 Section 9902(h) of title 5, United States Code, is 

14 amended— 

15 (1) in paragraph (1)(B), by striking ‘‘and the 

16 Comptroller General,’’; 

17 (2) by striking paragraph (2); and 

18 (3) by redesignating paragraph (3) as para19 graph (2). 

20 SEC. 1215. AMENDMENTS TO THE JOHN S. MCCAIN STRA21 TEGIC DEFENSE FELLOWS PROGRAM. 

22 (a) SELECTION OF PARTICIPANTS.—Subsection 

23 (d)(2) of section 932 of the John S. McCain National De24 fense Authorization Act for Fiscal Year 2019 (10 U.S.C. 
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1 1580 note prec.; Public Law 115–232) is amended to read 

2 as follows: 

3 ‘‘(2) GEOGRAPHICAL REPRESENTATION.—Out 

4 of the total number of individuals selected to partici5 pate in the fellows program in any year, not more 

6 than 20 percent may be from any of the following 

7 geographic regions: 

8 ‘‘(A) The Northeast United States. 

9 ‘‘(B) The Southeast United States. 

10 ‘‘(C) The Midwest United States. 

11 ‘‘(D) The Southwest United States. 

12 ‘‘(E) The Western United States. 

13 ‘‘(F) Alaska, Hawaii, United States terri14 tories, and areas outside the United States.’’. 

15 (b) APPOINTMENT AND CAREER DEVELOPMENT.— 

16 Such section is further amended— 

17 (1) in subsection (d)(3)— 

18 (A) by striking ‘‘assigned’’ and inserting 

19 ‘‘appointed’’; and 

20 (B) by striking ‘‘assignment’’ and inserting 

21 ‘‘appointment’’; and 

22 (2) by amending subsections (e) and (f) to read 

23 as follows: 

24 ‘‘(e) APPOINTMENT DURING PARTICIPATION IN FEL25 LOWS PROGRAM.— 
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1 ‘‘(1) IN GENERAL.—The Secretary of Defense 

2 shall appoint each individual who participates in the 

3 fellows program to an excepted service position in an 

4 element of the Department. 

5 ‘‘(2) PLACEMENT OPPORTUNITIES.—Each year, 

6 the head of each element of the Department shall 

7 submit to the Secretary an identification of place8 ment opportunities for participants in the fellows 

9 program. Such placement opportunities shall provide 

10 for leadership development and potential commence11 ment of a career track toward a position of senior 

12 leadership in the Department. 

13 ‘‘(3) QUALIFICATION REQUIREMENTS.—The 

14 Secretary, in coordination with the heads of ele15 ments of the Department, shall establish qualifica16 tion requirements for the appointment of partici17 pants under paragraph (1). 

18 ‘‘(4) MATCHING QUALIFICATIONS, SKILLS, AND

19 REQUIREMENTS.—In making appointments under 

20 paragraph (1), the Secretary shall seek to best 

21 match the qualifications and skills of the partici22 pants with the requirements for positions available 

23 for appointment. 

24 ‘‘(5) TERM.—The term of each appointment 

25 under the fellows program shall be one year, but the 
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1 Secretary may extend a term of appointment up to 

2 one additional year. 

3 ‘‘(6) GRADE.—The Secretary shall appoint an 

4 individual under paragraph (1) to a position at the 

5 level of GS–10, GS–11, or GS–12 of the General 

6 Schedule based on the directly related qualifications, 

7 skills, and professional experience of the individual. 

8 ‘‘(7) EDUCATION LOAN REPAYMENT.—To the 

9 extent that funds are provided in advance in appro10 priations Acts, the Secretary may repay a loan of a 

11 participant in the fellows program if the loan is de12 scribed by subparagraph (A), (B), or (C) of section 

13 16301(a)(1) of title 10, United States Code. Any re14 payment of a loan under this paragraph may require 

15 a minimum service agreement, as determined by the 

16 Secretary. 

17 ‘‘(8) ELEMENT OF THE DEPARTMENT DE18 FINED.—In this subsection, the term ‘element of the 

19 Department’ means an element of the Department 

20 specified in section 111(b) of title 10, United States 

21 Code. 

22 ‘‘(f) CAREER DEVELOPMENT.— 

23 ‘‘(1) IN GENERAL.—The Secretary of Defense 

24 shall ensure that participants in the fellows pro25 gram— 
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1 ‘‘(A) receive career development opportuni2 ties and support appropriate for the commence3 ment of a career track within the Department 

4 leading toward a future position of senior lead5 ership within the Department, including ongo6 ing mentorship support through appropriate 

7 personnel from entities within the Department; 

8 and 

9 ‘‘(B) are provided appropriate employment 

10 opportunities for excepted service positions in 

11 the Department upon successful completion of 

12 the fellows program. 

13 ‘‘(2) PUBLICATION OF SELECTION.—The Sec14 retary shall publish, on an internet website of the 

15 Department available to the public, the names of the 

16 individuals selected to participate in the fellows pro17 gram.’’. 

18 SEC. 1216. CIVILIAN CYBERSECURITY RESERVE PILOT 

19 PROJECT. 

20 (a) DEFINITION.—In this section, the term ‘‘tem21 porary position’’ means a position in the competitive or 

22 excepted service for a period of 180 days or less. 

23 (b) PILOT PROJECT.— 
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1 (1) IN GENERAL.—The Secretary of the Army 

2 shall carry out a pilot project to establish a Civilian 

3 Cybersecurity Reserve. 

4 (2) PURPOSE.—The purpose of the Civilian Cy5 bersecurity Reserve is to enable the Army to provide 

6 manpower to the United States Cyber Command to 

7 effectively— 

8 (A) preempt, defeat, deter, or respond to 

9 malicious cyber activity; 

10 (B) conduct cyberspace operations; 

11 (C) secure information and systems of the 

12 Department of Defense against malicious cyber 

13 activity; and 

14 (D) assist in solving cyber workforce-re15 lated challenges. 

16 (3) HIRING AUTHORITY.—In carrying out this 

17 section, the Secretary may use any authority other18 wise available to the Secretary for the recruitment, 

19 employment, and retention of civilian personnel with20 in the Department, including authority under section 

21 1599f of title 10, United States Code. 

22 (4) EMPLOYMENT PROTECTIONS.—The Sec23 retary of Labor shall prescribe such regulations as 

24 necessary to ensure the reemployment, continuation 

25 of benefits, and non-discrimination in reemployment 
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1 of individuals appointed under this section, provided 

2 that such regulations shall include, at a minimum, 

3 those rights and obligations set forth under chapter 

4 43 of title 38, United States Code. 

5 (5) STATUS IN RESERVE.—During the period 

6 beginning on the date on which an individual is re7 cruited to serve in the Civilian Cybersecurity Reserve 

8 and ending on the date on which the individual is 

9 appointed under this section, and during any period 

10 in between any such appointments, the individual 

11 shall not be considered a Federal employee. 

12 (c) ELIGIBILITY; APPLICATION AND SELECTION.— 

13 (1) IN GENERAL.—Under the pilot project re14 quired under subsection (b)(1), the Secretary of the 

15 Army shall establish criteria for— 

16 (A) individuals to be eligible for the Civil17 ian Cybersecurity Reserve; and 

18 (B) the application and selection processes 

19 for the Civilian Cybersecurity Reserve. 

20 (2) REQUIREMENTS FOR INDIVIDUALS.—The 

21 criteria established under paragraph (1)(A) with re22 spect to an individual shall include— 

23 (A) if the individual has previously served 

24 as a member of the Civilian Cybersecurity Re25 serve, that the previous appointment ended not 
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1 less than 60 days before the individual may be 

2 appointed for a subsequent temporary position 

3 in the Civilian Cybersecurity Reserve; and 

4 (B) cybersecurity expertise. 

5 (3) PRESCREENING.—The Secretary shall— 

6 (A) conduct a prescreening of each indi7 vidual prior to appointment under this section 

8 for any topic or product that would create a 

9 conflict of interest; and 

10 (B) require each individual appointed 

11 under this section to notify the Secretary if a 

12 potential conflict of interest arises during the 

13 appointment. 

14 (4) AGREEMENT REQUIRED.—An individual 

15 may become a member of the Civilian Cybersecurity 

16 Reserve only if the individual enters into an agree17 ment with the Secretary to become such a member, 

18 which shall set forth the rights and obligations of 

19 the individual and the Army. 

20 (5) EXCEPTION FOR CONTINUING MILITARY

21 SERVICE COMMITMENTS.—A member of the Selected 

22 Reserve under section 10143 of title 10, United 

23 States Code, may not be a member of the Civilian 

24 Cybersecurity Reserve. 
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1 (6) PROHIBITION.—Any individual who is an 

2 employee of the executive branch may not be re3 cruited or appointed to serve in the Civilian Cyberse4 curity Reserve. 

5 (d) SECURITY CLEARANCES.— 

6 (1) IN GENERAL.—The Secretary of the Army 

7 shall ensure that all members of the Civilian Cyber8 security Reserve undergo the appropriate personnel 

9 vetting and adjudication commensurate with the du10 ties of the position, including a determination of eli11 gibility for access to classified information where a 

12 security clearance is necessary, according to applica13 ble policy and authorities. 

14 (2) COST OF SPONSORING CLEARANCES.—If a 

15 member of the Civilian Cybersecurity Reserve re16 quires a security clearance in order to carry out the 

17 duties of the member, the Army shall be responsible 

18 for the cost of sponsoring the security clearance of 

19 the member. 

20 (e) IMPLEMENTATION PLAN.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date on which the Secretary of Defense 

23 submits to the Committee on Armed Services of the 

24 Senate and the Committee on Armed Services of the 

25 House of Representatives the report required under 
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1 section 1540(d)(2) of the James M. Inhofe National 

2 Defense Authorization Act for Fiscal Year 2023 

3 (Public Law 117–263) on the feasibility and advis4 ability of creating and maintaining a civilian cyber5 security reserve corps, the Secretary of the Army 

6 shall— 

7 (A) submit to the congressional defense 

8 committees an implementation plan for the pilot 

9 project required under subsection (b)(1); and 

10 (B) provide to the congressional defense 

11 committees a briefing on the implementation 

12 plan. 

13 (2) PROHIBITION.—The Secretary of the Army 

14 may not take any action to begin implementation of 

15 the pilot project required under subsection (b)(1) 

16 until the Secretary fulfills the requirements under 

17 paragraph (1). 

18 (f) PROJECT GUIDANCE.—Not later than two years 

19 after the date of the enactment of this Act, the Secretary 

20 of the Army shall, in consultation with the Office of Per21 sonnel Management and the Office of Government Ethics, 

22 issue guidance establishing and implementing the pilot 

23 project required under subsection (b)(1). 

24 (g) BRIEFINGS AND REPORT.— 
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1 (1) BRIEFINGS.—Not later than one year after 

2 the date on which the guidance required under sub3 section (f) is issued, and every year thereafter until 

4 the date on which the pilot project required under 

5 subsection (b)(1) terminates under subsection (i), 

6 the Secretary of the Army shall provide to the con7 gressional defense committees a briefing on activities 

8 carried out under the pilot project, including— 

9 (A) participation in the Civilian Cybersecu10 rity Reserve, including the number of partici11 pants, the diversity of participants, and any 

12 barriers to recruitment or retention of mem13 bers; 

14 (B) an evaluation of the ethical require15 ments of the pilot project; 

16 (C) whether the Civilian Cybersecurity Re17 serve has been effective in providing additional 

18 capacity to the Army; and 

19 (D) an evaluation of the eligibility require20 ments for the pilot project. 

21 (2) REPORT.—Not earlier than 180 days and 

22 not later than 90 days before the date on which the 

23 pilot project required under subsection (b)(1) termi24 nates under subsection (i), the Secretary shall sub25 mit to the congressional defense committees a report 
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1 and provide a briefing on recommendations relating 

2 to the pilot project, including recommendations 

3 for— 

4 (A) whether the pilot project should be 

5 modified, extended in duration, or established 

6 as a permanent program, and if so, an appro7 priate scope for the program; 

8 (B) how to attract participants, ensure a 

9 diversity of participants, and address any bar10 riers to recruitment or retention of members of 

11 the Civilian Cybersecurity Reserve; 

12 (C) the ethical requirements of the pilot 

13 project and the effectiveness of mitigation ef14 forts to address any conflict of interest con15 cerns; and 

16 (D) an evaluation of the eligibility require17 ments for the pilot project. 

18 (h) EVALUATION.—Not later than three years after 

19 the pilot project required under subsection (b)(1) is estab20 lished, the Comptroller General of the United States 

21 shall— 

22 (1) conduct a study evaluating the pilot project; 

23 and 

24 (2) submit to Congress— 
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1 (A) a report on the results of the study; 

2 and 

3 (B) a recommendation with respect to 

4 whether the pilot project should be modified. 

5 (i) SUNSET.—The pilot project required under sub6 section (b)(1) shall terminate on the date that is four 

7 years after the date on which the pilot project is estab8 lished. 

9 TITLE XIII—MATTERS RELATING 

10 TO FOREIGN NATIONS 

11 Subtitle A—Assistance and 

12 Training 

13 SEC. 1301. MIDDLE EAST INTEGRATED MARITIME DOMAIN 

14 AWARENESS AND INTERDICTION CAPA15 BILITY. 

16 (a) IN GENERAL.—The Secretary of Defense, using 

17 existing authorities, shall seek to build upon the incorpora18 tion of Israel into the area of responsibility of the United 

19 States Central Command to develop a Middle East inte20 grated maritime domain awareness and interdiction capa21 bility for the purpose of protecting the people, infrastruc22 ture, and territory of such countries from— 

23 (1) manned and unmanned naval systems, un24 dersea warfare capabilities, and anti-ship missiles of 

25 Iran and groups affiliated with Iran; and 
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1 (2) violent extremist organizations, criminal 

2 networks, and piracy activities that threaten lawful 

3 commerce in the waterways within the area of re4 sponsibility of the United States Naval Forces Cen5 tral Command. 

6 (b) STRATEGY.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 the date of the enactment of this Act, the Secretary 

9 of Defense, in coordination with the Secretary of 

10 State, shall submit to the appropriate committees of 

11 Congress a strategy for the cooperation described in 

12 subsection (a). 

13 (2) MATTERS TO BE INCLUDED.—The strategy 

14 required by paragraph (1) shall include the fol15 lowing: 

16 (A) An assessment of the threats posed to 

17 ally or partner countries in the Middle East 

18 by— 

19 (i) manned and unmanned naval sys20 tems, undersea warfare capabilities, and 

21 anti-ship missiles of Iran and groups affili22 ated with Iran; and 

23 (ii) violent extremist organizations, 

24 criminal networks, and piracy activities 

25 that threaten lawful commerce in the wa-
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1 terways within the area of responsibility of 

2 the United States Naval Forces Central 

3 Command. 

4 (B) A description of existing multilateral 

5 maritime partnerships currently led by the 

6 United States Naval Forces Central Command, 

7 including the Combined Maritime Forces (in8 cluding its associated Task Forces 150, 151, 

9 152, and 153), the International Maritime Se10 curity Construct, and the Navy’s Task Force 

11 59, and a discussion of the role of such partner12 ships in building an integrated maritime secu13 rity capability. 

14 (C) A description of progress made in ad15 vancing the integration of Israel into the exist16 ing multilateral maritime partnerships de17 scribed in subparagraph (B). 

18 (D) A description of efforts among coun19 tries in the Middle East to coordinate intel20 ligence, reconnaissance, and surveillance capa21 bilities and indicators and warnings with re22 spect to the threats described in subparagraph 

23 (A), and a description of any impediment to op24 timizing such efforts. 
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1 (E) A description of the current Depart2 ment of Defense systems that, in coordination 

3 with ally and partner countries in the Middle 

4 East— 

5 (i) provide awareness of and defend 

6 against such threats; and 

7 (ii) address current capability gaps. 

8 (F) An explanation of the manner in which 

9 an integrated maritime domain awareness and 

10 interdiction architecture would improve collec11 tive security in the Middle East. 

12 (G) A description of existing and planned 

13 efforts to engage ally and partner countries in 

14 the Middle East in establishing such an archi15 tecture. 

16 (H) An identification of the elements of 

17 such an architecture that may be acquired and 

18 operated by ally and partner countries in the 

19 Middle East, and a list of such elements for 

20 each such ally and partner. 

21 (I) An identification of the elements of 

22 such an architecture that may only be provided 

23 and operated by members of the United States 

24 Armed Forces. 
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1 (J) An identification of any challenge to 

2 optimizing such an architecture in the Middle 

3 East. 

4 (K) An assessment of progress and key 

5 challenges in the implementation of the strategy 

6 required by paragraph (1) using the metrics 

7 identified in accordance with paragraph (3). 

8 (L) Recommendations for improvements in 

9 the implementation of such strategy based on 

10 such metrics. 

11 (M) An assessment of any capabilities or 

12 lessons from the Navy’s Task Force 59 that 

13 may be leveraged to support an integrated mar14 itime domain awareness and interdiction capa15 bility in the Middle East. 

16 (N) Any other matter the Secretary of De17 fense considers relevant. 

18 (3) METRICS.—The Secretary of Defense shall 

19 identify metrics to assess progress in the implemen20 tation of the strategy required by paragraph (1). 

21 (4) FORMAT.—The strategy required by para22 graph (1) shall be submitted in unclassified form but 

23 may include a classified annex. 

24 (c) FEASIBILITY STUDY.— 
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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall conduct a study on the feasibility and advis3 ability of establishing an integrated maritime do4 main awareness and interdiction capability to pro5 tect the people, infrastructure, and territory of ally 

6 and partner countries in the Middle East from— 

7 (A) manned and unmanned naval systems, 

8 undersea warfare capabilities, and anti-ship 

9 missiles of Iran and groups affiliated with Iran; 

10 and 

11 (B) violent extremist organizations, crimi12 nal networks, and piracy activities that threaten 

13 lawful commerce in the waterways of the Middle 

14 East. 

15 (2) ELEMENTS.—The study required by para16 graph (1) shall include— 

17 (A) an assessment of funds that could be 

18 contributed by ally and partner countries of the 

19 United States; and 

20 (B) a cost estimate of establishing such an 

21 integrated maritime domain awareness and 

22 interdiction capability. 

23 (3) REPORT.—Not later than 90 days after the 

24 date of the enactment of this Act, the Secretary of 

25 Defense shall submit to the appropriate committees 
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1 of Congress a report on the results of the study con2 ducted under paragraph (1). 

3 (d) PROTECTION OF SENSITIVE INFORMATION.—Any 

4 activity carried out under this section shall be conducted 

5 in a manner that appropriately protects sensitive informa6 tion and the national security interests of the United 

7 States. 

8 (e) APPROPRIATE COMMITTEES OF CONGRESS DE9 FINED.—In this section, the term ‘‘appropriate commit10 tees of Congress’’ means— 

11 (1) the Committee on Armed Services, the 

12 Committee on Appropriations, and the Committee on 

13 Foreign Relations of the Senate; and 

14 (2) the Committee on Armed Services, the 

15 Committee on Appropriations, and the Committee on 

16 Foreign Affairs of the House of Representatives. 

17 SEC. 1302. AUTHORITY TO PROVIDE MISSION TRAINING 

18 THROUGH DISTRIBUTED SIMULATION. 

19 (a) AUTHORITY FOR TRAINING AND DISTRIBU20 TION.—To enhance the interoperability and integration 

21 between the United States Armed Forces and the military 

22 forces of friendly foreign countries, the Secretary of De23 fense, with the concurrence of the Secretary of State, is 

24 authorized— 
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1 (1) to provide to military personnel of a friendly 

2 foreign government persistent advanced networked 

3 training and exercise activities (in this section re4 ferred to as ‘‘mission training through distributed 

5 simulation’’); and 

6 (2) to provide information technology, including 

7 hardware and computer software developed for mis8 sion training through distributed simulation activi9 ties. 

10 (b) SCOPE OF MISSION TRAINING.—Mission training 

11 through distributed simulation provided under subsection 

12 (a) may include advanced distributed network training 

13 events and computer-assisted exercises. 

14 (c) APPLICABILITY OF EXPORT CONTROL AUTHORI15 TIES.—The provision of mission training through distrib16 uted simulation and information technology under this 

17 section shall be subject to the Arms Export Control Act 

18 (22 U.S.C. 2751 et seq.) and any other export control au19 thority under law relating to the transfer of military tech20 nology to foreign countries. 

21 (d) GUIDANCE ON USE OF AUTHORITY.—Not later 

22 than 60 days after the date of the enactment of this Act, 

23 the Secretary of Defense shall develop and issue guidance 

24 on the procedures for the use of the authority provided 

25 in this section. 
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1 (e) REPORT.— 

2 (1) IN GENERAL.—Not later than 120 days 

3 after the date of the enactment of this Act, the Sec4 retary of Defense shall submit to the appropriate 

5 committees of Congress a report on the use of mis6 sion training through distributed simulation by mili7 tary personnel of friendly foreign countries. 

8 (2) ELEMENTS.—The report required by para9 graph (1) shall include the following: 

10 (A) A description of ongoing mission train11 ing through distributed simulation activities be12 tween the United States Armed Forces and the 

13 military forces of friendly foreign countries. 

14 (B) A description of the current capabili15 ties of the military forces of friendly foreign 

16 countries to support mission training through 

17 distributed simulation activities with the United 

18 States Armed Forces. 

19 (C) A description of the manner in which 

20 the Department intends to use mission training 

21 through distributed simulation activities to sup22 port implementation of the National Defense 

23 Strategy, including in areas of responsibility of 

24 the United States European Command and the 

25 United States Indo-Pacific Command. 
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1 (D) Any recommendation of the Secretary 

2 of Defense for legislative proposals or policy 

3 guidance regarding the use of mission training 

4 through distributed simulation activities. 

5 (3) APPROPRIATE COMMITTEES OF CONGRESS

6 DEFINED.—In this subsection, the term ‘‘appro7 priate committees of Congress’’ means— 

8 (A) the Committee on Armed Services, the 

9 Committee on Appropriations, and the Com10 mittee on Foreign Relations of the Senate; and 

11 (B) the Committee on Armed Services, the 

12 Committee on Appropriations, and the Com13 mittee on Foreign Affairs of the House of Rep14 resentatives. 

15 (f) SUNSET.—The authority provided in this section 

16 shall terminate on December 31, 2025. 

17 SEC. 1303. INCREASE IN SMALL-SCALE CONSTRUCTION 

18 LIMIT AND MODIFICATION OF AUTHORITY TO 

19 BUILD CAPACITY. 

20 (a) DEFINITION OF SMALL-SCALE CONSTRUCTION.— 

21 Section 301(8) of title 10, United States Code, is amended 

22 by striking ‘‘$1,500,000’’ and inserting ‘‘$2,000,000’’. 

23 (b) MODIFICATION OF AUTHORITY TO BUILD CAPAC24 ITY.— 
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1 (1) IN GENERAL.—Subsection (a) of section 

2 333 of title 10, United States Code, is amended— 

3 (A) in paragraph (3), by inserting ‘‘or 

4 other counter-illicit trafficking operations’’ be5 fore the period at the end; and 

6 (B) by adding at the end the following new 

7 paragraph: 

8 ‘‘(10) Foreign internal defense operations.’’. 

9 (2) INCREASE IN THRESHOLD FOR SMALL10 SCALE CONSTRUCTION PROJECTS REQUIRING ADDI11 TIONAL DOCUMENTATION.—Subsection (e)(8) of 

12 such section is amended by striking ‘‘$750,000’’ and 

13 inserting ‘‘$1,000,000’’. 

14 (3) EQUIPMENT DISPOSITION.—Such section is 

15 further amended by adding at the end the following 

16 new subsection: 

17 ‘‘(h) EQUIPMENT DISPOSITION.—The Secretary of 

18 Defense may treat as stocks of the Department of De19 fense— 

20 ‘‘(1) equipment procured to carry out a pro21 gram pursuant to subsection (a) that has not yet 

22 been transferred to a foreign country and is no 

23 longer needed to support such program or any other 

24 program carried out pursuant to such subsection; 

25 and 
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1 ‘‘(2) equipment that has been transferred to a 

2 foreign country to carry out a program pursuant to 

3 subsection (a) and is returned by the foreign country 

4 to the United States.’’. 

5 (4) INTERNATIONAL AGREEMENTS.—Such sec6 tion is further amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(i) INTERNATIONAL AGREEMENTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

10 with the concurrence of the Secretary of State, 

11 may— 

12 ‘‘(A) allow a foreign country to provide 

13 sole-source direction for assistance in support of 

14 a program carried out pursuant to subsection 

15 (a); and 

16 ‘‘(B) enter into an agreement with a for17 eign country to provide such sole-source direc18 tion. 

19 ‘‘(2) NOTIFICATION.—Not later than 72 hours 

20 after the Secretary of Defense enters into an agree21 ment under paragraph (1), the Secretary shall sub22 mit to the congressional defense committees a writ23 ten notification that includes the following: 

24 ‘‘(A) A description of the parameters of 

25 the agreement, including types of support, ob-
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1 jectives, and duration of support and coopera2 tion under the agreement. 

3 ‘‘(B) A description and justification of any 

4 anticipated use of sole-source direction pursu5 ant to such agreement. 

6 ‘‘(C) A determination as to whether the 

7 anticipated costs to incurred under the agree8 ment are fair and reasonable. 

9 ‘‘(D) A certification that the agreement is 

10 in the national security interests of the United 

11 States. 

12 ‘‘(E) Any other matter relating to the 

13 agreement, as determined by the Secretary of 

14 Defense.’’. 

15 (5) FOREIGN INTERNAL DEFENSE DEFINED.— 

16 Such section is further amended by adding at the 

17 end of the following new subsection: 

18 ‘‘(j) FOREIGN INTERNAL DEFENSE DEFINED.—In 

19 this section, the term ‘foreign internal defense’ has the 

20 meaning given such term in the publication of the Chair21 man of the Joint Chiefs of Staff entitled ‘Joint Publication 

22 3–22 Foreign Internal Defense’ issued on August 17, 

23 2018 and validated on February 2, 2021.’’. 
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1 SEC. 1304. EXTENSION OF LEGAL INSTITUTIONAL CAPAC2 ITY BUILDING INITIATIVE FOR FOREIGN DE3 FENSE INSTITUTIONS. 

4 Section 1210(e) of the National Defense Authoriza5 tion Act for Fiscal Year 2020 (Public Law 116–92; 133 

6 Stat. 1626) is amended by striking ‘‘December 31, 2024’’ 

7 and inserting ‘‘December 31, 2028’’. 

8 SEC. 1305. EXTENSION AND MODIFICATION OF AUTHORITY 

9 FOR REIMBURSEMENT OF CERTAIN COALI10 TION NATIONS FOR SUPPORT PROVIDED TO 

11 UNITED STATES MILITARY OPERATIONS. 

12 (a) EXTENSION.—Subsection (a) of section 1233 of 

13 the National Defense Authorization Act for Fiscal Year 

14 2008 (Public Law 110–181; 122 Stat. 393) is amended 

15 by striking ‘‘beginning on October 1, 2022, and ending 

16 on December 31, 2023’’ and inserting ‘‘beginning on Octo17 ber 1, 2023, and ending on December 31, 2024’’. 

18 (b) MODIFICATION TO LIMITATION.—Subsection 

19 (d)(1) of such section is amended— 

20 (1) by striking ‘‘beginning on October 1, 2022, 

21 and ending on December 31, 2023’’ and inserting 

22 ‘‘beginning on October 1, 2023, and ending on De23 cember 31, 2024’’; and 

24 (2) by striking ‘‘$30,000,000’’ and inserting 

25 ‘‘$15,000,000’’. 
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1 SEC. 1306. EXTENSION OF AUTHORITY FOR DEPARTMENT 

2 OF DEFENSE SUPPORT FOR STABILIZATION 

3 ACTIVITIES IN NATIONAL SECURITY INTER4 EST OF THE UNITED STATES. 

5 Section 1210A(h) of the National Defense Authoriza6 tion Act for Fiscal Year 2020 (Public Law 116–92; 133 

7 Stat. 1626) is amended by striking ‘‘December 31, 2023’’ 

8 and inserting ‘‘December 31, 2025’’. 

9 SEC. 1307. EXTENSION OF CROSS SERVICING AGREEMENTS 

10 FOR LOAN OF PERSONNEL PROTECTION AND 

11 PERSONNEL SURVIVABILITY EQUIPMENT IN 

12 COALITION OPERATIONS. 

13 Section 1207(f) of the Carl Levin and Howard P. 

14 ‘‘Buck’’ McKeon National Defense Authorization Act for 

15 Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2342 

16 note) is amended by striking ‘‘December 31, 2024’’ and 

17 inserting ‘‘December 31, 2029’’. 

18 SEC. 1308. LIMITATION ON AVAILABILITY OF FUNDS FOR 

19 INTERNATIONAL SECURITY COOPERATION 

20 PROGRAM. 

21 Of the funds authorized to be appropriated by this 

22 Act for fiscal year 2024 for operation and maintenance, 

23 Defense-wide, and available for the Defense Security Co24 operation Agency for the International Security Coopera25 tion Program, not more than 75 percent may be obligated 

26 or expended until the Secretary of Defense submits the 
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1 security cooperation strategy for each covered combatant 

2 command required by section 1206 of the National De3 fense Authorization Act for Fiscal Year 2022 (Public Law 

4 117–81; 135 Stat. 1960). 

5 SEC. 1309. MODIFICATION OF DEPARTMENT OF DEFENSE 

6 SECURITY COOPERATION WORKFORCE DE7 VELOPMENT. 

8 Section 384 of title 10, United States Code, is 

9 amended— 

10 (1) in subsection (d)— 

11 (A) by striking ‘‘The Program’’ and insert12 ing the following: 

13 ‘‘(1) IN GENERAL.—The Program’’; and 

14 (B) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(2) MANAGING ENTITY.— 

17 ‘‘(A) DESIGNATION.—The Secretary of De18 fense, acting through the Under Secretary of 

19 Defense for Policy and the Director of the De20 fense Security Cooperation Agency, shall des21 ignate an entity within the Department of De22 fense to serve as the lead entity for managing 

23 the implementation of the Program. 

24 ‘‘(B) DUTIES.—The entity designated 

25 under subparagraph (A) shall carry out the 
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1 management and implementation of the Pro2 gram, consistent with objectives formulated by 

3 the Secretary of Defense, which shall include 

4 the following: 

5 ‘‘(i) Providing for comprehensive 

6 tracking of and accounting for all Depart7 ment of Defense employees engaged in the 

8 security cooperation enterprise. 

9 ‘‘(ii) Providing training requirements 

10 specified at the requisite proficiency levels 

11 for each position. 

12 ‘‘(C) REPORTING.—The Secretary of De13 fense shall ensure that, not less frequently than 

14 annually, each military department, combatant 

15 command, defense agency, and any other entity 

16 involved in managing the security cooperation 

17 workforce submits to the entity designated 

18 under subparagraph (A) a report containing in19 formation necessary for the management and 

20 career development of the security cooperation 

21 workforce, as determined by the Director of the 

22 Defense Security Cooperation Agency. 

23 ‘‘(3) SECURITY COOPERATION WORKFORCE

24 MANAGEMENT INFORMATION SYSTEM.—The Sec25 retary of Defense, acting through the Director of the 
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1 Defense Security Cooperation Agency, shall pre2 scribe regulations to ensure that each military de3 partment, combatant command, and defense agency 

4 provides standardized information and data to the 

5 Secretary on persons serving in positions within the 

6 security cooperation workforce.’’; 

7 (2) in subsection (e), by adding at the end the 

8 following new paragraph: 

9 ‘‘(4) UPDATED GUIDANCE.— 

10 ‘‘(A) IN GENERAL.—Not later than 270 

11 days after the date of the enactment of this 

12 paragraph, and biannually thereafter through 

13 fiscal year 2028, the Secretary of Defense, in 

14 coordination with the Secretary of State, shall 

15 issue updated guidance for the execution and 

16 administration of the Program. 

17 ‘‘(B) SCOPE.—The updated guidance re18 quired by subparagraph (A) shall— 

19 ‘‘(i) fulfill each requirement set forth 

20 in paragraph (3), as appropriate; and 

21 ‘‘(ii) include an identification of the 

22 manner in which the Department of De23 fense shall ensure that personnel assigned 

24 to security cooperation offices within em25 bassies of the United States are trained 
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1 and managed to a level of proficiency that 

2 is at least equal to the level of proficiency 

3 provided to the attache ́ workforce by the 

4 Defense Attache ́ Service.’’; 

5 (3) by redesignating subsections (f) through (h) 

6 as subsections (h) through (j), respectively; and 

7 (4) by inserting after subsection (e) the fol8 lowing new subsections (f) and (g): 

9 ‘‘(f) FOREIGN MILITARY SALES CENTER OF EXCEL10 LENCE.— 

11 ‘‘(1) ESTABLISHMENT.—The Secretary of De12 fense shall direct an existing schoolhouse within the 

13 Department of Defense to serve as a Foreign Mili14 tary Sales Center of Excellence to improve the train15 ing and education of personnel engaged in foreign 

16 military sales planning and execution. 

17 ‘‘(2) OBJECTIVES.—The objectives of the For18 eign Military Sales Center of Excellence shall in19 clude— 

20 ‘‘(A) conducting research on and pro21 moting best practices for ensuring that foreign 

22 military sales are timely and effective; and 

23 ‘‘(B) enhancing existing curricula for the 

24 purpose of ensuring that the foreign military 
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1 sales workforce is fully trained and prepared to 

2 execute the foreign military sales program. 

3 ‘‘(g) DEFENSE SECURITY COOPERATION UNIVER4 SITY.— 

5 ‘‘(1) CHARTER.—The Secretary of Defense 

6 shall develop and promulgate a charter for the oper7 ation of the Defense Security Cooperation Univer8 sity. 

9 ‘‘(2) MISSION.—The charter required by para10 graph (1) shall set forth the mission, and associated 

11 structures and organizations, of the Defense Secu12 rity Cooperation University, which shall include— 

13 ‘‘(A) management and implementation of 

14 international military training and education se15 curity cooperation programs and authorities ex16 ecuted by the Department of Defense; 

17 ‘‘(B) management and provision of institu18 tional capacity-building services executed by the 

19 Department of Defense; and 

20 ‘‘(C) advancement of the profession of se21 curity cooperation through research, data collec22 tion, analysis, publication, and learning. 

23 ‘‘(3) COOPERATIVE RESEARCH AND DEVELOP24 MENT ARRANGEMENTS.— 
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1 ‘‘(A) IN GENERAL.—In engaging in re2 search and development projects pursuant to 

3 subsection (a) of section 4001 of this title by a 

4 contract, cooperative agreement, or grant pur5 suant to subsection (b)(1) of such section, the 

6 Secretary of Defense may enter into such con7 tract or cooperative agreement, or award such 

8 grant, through the Defense Security Coopera9 tion University. 

10 ‘‘(B) TREATMENT AS GOVERNMENT-OPER11 ATED FEDERAL LABORATORY.—The Defense 

12 Security Cooperation University shall be consid13 ered a Government-operated Federal laboratory 

14 for purposes of section 12 of the Stevenson15 Wydler Technology Innovation Act of 1980 (15 

16 U.S.C. 3710a). 

17 ‘‘(4) ACCEPTANCE OF RESEARCH GRANTS.— 

18 ‘‘(A) IN GENERAL.—The Secretary of De19 fense, through the Under Secretary of Defense 

20 for Policy, may authorize the President of the 

21 Defense Security Cooperation University to ac22 cept qualifying research grants. Any such grant 

23 may only be accepted if the work under the 

24 grant is to be carried out by a professor or in25 structor of the Defense Security Cooperation 
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1 University for a scientific, literary, or edu2 cational purpose. 

3 ‘‘(B) QUALIFYING GRANTS.—A qualifying 

4 research grant under this paragraph is a grant 

5 that is awarded on a competitive basis by an 

6 entity described in subparagraph (C) for a re7 search project with a scientific, literary, or edu8 cational purpose. 

9 ‘‘(C) ENTITIES FROM WHICH GRANTS MAY

10 BE ACCEPTED.—A grant may be accepted 

11 under this paragraph only from a corporation, 

12 fund, foundation, educational institution, or 

13 similar entity that is organized and operated 

14 primarily for scientific, literary, or educational 

15 purposes. 

16 ‘‘(D) ADMINISTRATION OF GRANT

17 FUNDS.—The Director of the Defense Security 

18 Cooperation Agency shall establish an account 

19 for administering funds received as research 

20 grants under this section. The President of the 

21 Defense Security Cooperation University shall 

22 use the funds in the account in accordance with 

23 applicable provisions of the regulations and the 

24 terms and condition of the grants received. 
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1 ‘‘(E) RELATED EXPENSES.—Subject to 

2 such limitations as may be provided in appro3 priations Acts, appropriations available for the 

4 Defense Security Cooperation University may 

5 be used to pay expenses incurred by the De6 fense Security Cooperation University in apply7 ing for, and otherwise pursuing, the award of 

8 qualifying research grants. 

9 ‘‘(F) REGULATIONS.—The Secretary of 

10 Defense, through the Under Secretary of De11 fense for Policy, shall prescribe regulations for 

12 the administration of this section.’’. 

13 SEC. 1310. MODIFICATION OF AUTHORITY TO PROVIDE 

14 SUPPORT TO CERTAIN GOVERNMENTS FOR 

15 BORDER SECURITY OPERATIONS. 

16 Section 1226(a)(1) of the National Defense Author17 ization Act for Fiscal Year 2016 (22 U.S.C. 2151 note) 

18 is amended by adding at the end the following: 

19 ‘‘(G) To the Government of Tajikistan for 

20 purposes of supporting and enhancing efforts of 

21 the armed forces of Tajikistan to increase secu22 rity and sustain increased security along the 

23 border of Tajikistan and Afghanistan. 

24 ‘‘(H) To the Government of Uzbekistan for 

25 purposes of supporting and enhancing efforts of 
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1 the armed forces of Uzbekistan to increase se2 curity and sustain increased security along the 

3 border of Uzbekistan and Afghanistan. 

4 ‘‘(I) To the Government of Turkmenistan 

5 for purposes of supporting and enhancing ef6 forts of the armed forces of Turkmenistan to 

7 increase security and sustain increased security 

8 along the border of Turkmenistan and Afghani9 stan.’’. 

10 SEC. 1311. MODIFICATION OF DEFENSE OPERATIONAL RE11 SILIENCE INTERNATIONAL COOPERATION 

12 PILOT PROGRAM. 

13 Section 1212 of the James M. Inhofe National De14 fense Authorization Act for Fiscal Year 2023 (Public Law 

15 117–263; 136 Stat. 2834; 10 U.S.C. 311 note) is amend16 ed— 

17 (1) in subsection (a), by striking ‘‘military 

18 forces’’ and inserting ‘‘national security forces’’; 

19 (2) in subsection (c)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘military-to-military relationships’’ and in23 serting ‘‘relationships with the national se24 curity forces of partner countries’’; and 
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1 (ii) in subparagraph (C), by striking 

2 ‘‘military forces’’ and inserting ‘‘national 

3 security forces’’; and 

4 (B) by adding at the end the following new 

5 paragraph: 

6 ‘‘(4) SUSTAINMENT AND NON-LETHAL ASSIST7 ANCE.—A program under subsection (a) may include 

8 the provision of sustainment and non-lethal assist9 ance, including training, defense services, supplies 

10 (including consumables), and small-scale construc11 tion (as such terms are defined in section 301 of 

12 title 10, United States Code).’’; 

13 (3) in subsection (e)(3)(A), by striking ‘‘mili14 tary force’’ and inserting ‘‘national security forces’’; 

15 and 

16 (4) by adding at the end the following new sub17 section: 

18 ‘‘(g) NATIONAL SECURITY FORCES DEFINED.—In 

19 this section, the term ‘national security forces’ has the 

20 meaning given the term in section 301 of title 10, United 

21 States Code.’’. 

22 SEC. 1312. ASSISTANCE TO ISRAEL FOR AERIAL REFUEL23 ING. 

24 (a) TRAINING ISRAELI PILOTS TO OPERATE KC–46 

25 AIRCRAFT.— 
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1 (1) IN GENERAL.—The Secretary of the Air 

2 Force shall— 

3 (A) make available sufficient resources and 

4 accommodations within the United States to 

5 train members of the Israeli Air Force on the 

6 operation of KC–46 aircraft; 

7 (B) conduct training for members of the 

8 Israeli Air Force, including— 

9 (i) training for pilots and crew on the 

10 operation of the KC–46 aircraft in accord11 ance with standards considered sufficient 

12 to conduct coalition operations of the 

13 United States Air Force and the Israeli 

14 Air Force; and 

15 (ii) training for ground personnel on 

16 the maintenance and sustainment require17 ments of the KC–46 aircraft considered 

18 sufficient for such operations; and 

19 (C) conduct the timing of such training so 

20 as to ensure that the first group of trainee 

21 members of the Israeli Air Force is anticipated 

22 to complete the training not later than 2 weeks 

23 after the date on which the first KC–46 aircraft 

24 is delivered to Israel. 
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1 (2) UNITED STATES AIR FORCE MILITARY PER2 SONNEL EXCHANGE PROGRAM.—The Secretary of 

3 Defense shall, with respect to members of the Israeli 

4 Air Force associated with the operation of KC–46 

5 aircraft— 

6 (A) before the completion of the training 

7 required by paragraph (1)(B), authorize the 

8 participation of such members of the Israeli Air 

9 Force in the United States Air Force Military 

10 Personnel Exchange Program; 

11 (B) make available billets in the United 

12 States Air Force Military Personnel Exchange 

13 Program necessary for such members of the 

14 Israeli Air Force to participate in such pro15 gram; and 

16 (C) to the extent practicable, ensure that 

17 such members of the Israeli Air Force are able 

18 to participate in the United States Air Force 

19 Military Personnel Exchange Program imme20 diately after such members complete such train21 ing. 

22 (3) TERMINATION.—This subsection shall cease 

23 to have effect on the date that is ten years after the 

24 date of the enactment of this Act. 
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1 (b) BRIEFING.—Not later than 90 days after the date 

2 of the enactment of this Act, the Secretary of Defense 

3 shall provide to the Committees on Armed Services of the 

4 Senate and the House of Representatives a briefing that 

5 includes the following: 

6 (1) An assessment of— 

7 (A) the current operational requirements 

8 of the Government of Israel for aerial refueling; 

9 and 

10 (B) any gaps in current or near-term capa11 bilities. 

12 (2) The estimated date of delivery to Israel of 

13 KC–46 aircraft procured by the Government of 

14 Israel. 

15 (3) A detailed description of— 

16 (A) any actions the United States Govern17 ment is taking to expedite the delivery to Israel 

18 of KC–46 aircraft procured by the Government 

19 of Israel, while minimizing adverse impacts to 

20 United States defense readiness, including stra21 tegic forces readiness; 

22 (B) any additional actions the United 

23 States Government could take to expedite such 

24 delivery; and 
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1 (C) additional authorities Congress could 

2 provide to help expedite such delivery. 

3 (4) A description of the availability of any 

4 United States aerial refueling tanker aircraft that is 

5 retired or is expected to be retired during the two6 year period beginning on the date of the enactment 

7 of this Act that could be provided to Israel. 

8 (c) FORWARD DEPLOYMENT OF UNITED STATES

9 KC–46 AIRCRAFT TO ISRAEL.— 

10 (1) BRIEFING.—Not later than 90 days after 

11 the date of the enactment of this Act, the Secretary 

12 of Defense shall provide to the Committees on 

13 Armed Services of the Senate and the House of Rep14 resentatives a briefing that describes the capacity of 

15 and requirements for the United States Air Force to 

16 forward deploy KC–46 aircraft to Israel on a rota17 tional basis until the date on which a KC–46 air18 craft procured by the Government of Israel is com19 missioned into the Israeli Air Force and achieves full 

20 combat capability. 

21 (2) ROTATIONAL FORCES.— 

22 (A) IN GENERAL.—Subject to subpara23 graphs (B) and (C), the Secretary of Defense 

24 shall, consistent with maintaining United States 

25 defense readiness, rotationally deploy one or 
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1 more KC–46 aircraft to Israel until the earlier 

2 of— 

3 (i) the date on which a KC–46 air4 craft procured by the military forces of 

5 Israel is commissioned into such military 

6 forces and achieves full combat capability; 

7 or 

8 (ii) five years after the date of the en9 actment of this Act. 

10 (B) LIMITATION.—The Secretary of De11 fense may only carry out a rotational deploy12 ment under subparagraph (A) if the Govern13 ment of Israel consents to the deployment. 

14 (C) PRESENCE.—The Secretary of Defense 

15 shall consult with the Government of Israel to 

16 determine the length of rotational deployments 

17 of United States KC–46 aircraft to Israel until 

18 the applicable date under subparagraph (A). 

19 SEC. 1313. REPORT ON COORDINATION WITH PRIVATE EN20 TITIES AND STATE GOVERNMENTS WITH RE21 SPECT TO THE STATE PARTNERSHIP PRO22 GRAM. 

23 (a) IN GENERAL.— The Secretary of Defense shall 

24 submit to Congress a report on the feasibility of coordi25 nating with private entities and State governments to pro-
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1 vide resources and personnel to support technical ex2 changes under the Department of Defense State Partner3 ship Program established under section 341 of title 10, 

4 United States Code. 

5 (b) ELEMENTS.—The report required by subsection 

6 (a) shall include the following: 

7 (1) An analysis of the limitations of the State 

8 Partnership Program. 

9 (2) The types of personnel and expertise that 

10 could be helpful to partner country participants in 

11 the State Partnership Program. 

12 (3) Any authority needed to leverage such ex13 pertise from private entities and State governments, 

14 as applicable. 

15 Subtitle B—Matters Relating to 

16 Syria, Iraq, and Iran 

17 SEC. 1321. EXTENSION AND MODIFICATION OF AUTHORITY 

18 TO PROVIDE ASSISTANCE TO VETTED SYRIAN 

19 GROUPS AND INDIVIDUALS. 

20 (a) EXTENSION.—Subsection (a) of section 1209 of 

21 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

22 Defense Authorization Act for Fiscal Year 2015 (Public 

23 Law 113–291; 128 Stat. 3541) is amended, in the matter 

24 preceding paragraph (1), by striking ‘‘December 31, 

25 2023’’ and inserting ‘‘December 31, 2024’’. 
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1 (b) LIMITATION ON COST OF CONSTRUCTION AND

2 REPAIR PROJECTS.—Subsection (l)(3) of such section is 

3 amended— 

4 (1) in subparagraph (A), by striking ‘‘The 

5 President’’ and all that follows through ‘‘if the 

6 President’’ and inserting ‘‘The Secretary of Defense 

7 may waive the limitations under paragraph (1) for 

8 the purposes of providing support under subsection 

9 (a)(4) if the Secretary’’; 

10 (2) by striking subparagraph (B); 

11 (3) in subparagraph (C), by striking ‘‘as re12 quired by subparagraph (B)(ii)(I)’’; 

13 (4) in subparagraph (D), by striking ‘‘Decem14 ber 31, 2023’’ and inserting ‘‘December 31, 2024’’; 

15 and 

16 (5) by redesignating subparagraphs (C) and 

17 (D) as subparagraphs (B) and (C), respectively. 

18 SEC. 1322. EXTENSION OF AUTHORITY TO SUPPORT OPER19 ATIONS AND ACTIVITIES OF THE OFFICE OF 

20 SECURITY COOPERATION IN IRAQ. 

21 (a) LIMITATION ON AMOUNT.—Subsection (c) of sec22 tion 1215 of the National Defense Authorization Act for 

23 Fiscal Year 2012 (10 U.S.C. 113 note) is amended— 

24 (1) by striking ‘‘fiscal year 2023’’ and inserting 

25 ‘‘fiscal year 2024’’; and 
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1 (2) by striking ‘‘$25,000,000’’ and inserting 

2 ‘‘$18,000,000’’. 

3 (b) SOURCE OF FUNDS.—Subsection (d) of such sec4 tion is amended by striking ‘‘fiscal year 2023’’ and insert5 ing ‘‘fiscal year 2024’’. 

6 SEC. 1323. EXTENSION AND MODIFICATION OF AUTHORITY 

7 TO PROVIDE ASSISTANCE TO COUNTER THE 

8 ISLAMIC STATE OF IRAQ AND SYRIA. 

9 (a) IN GENERAL.—Subsection (a) of section 1236 of 

10 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

11 Defense Authorization Act for Fiscal Year 2015 (Public 

12 Law 113–291; 128 Stat. 3559) is amended, in the matter 

13 preceding paragraph (1)— 

14 (1) by inserting ‘‘equipment and training to 

15 counter threats from unmanned aerial systems,’’ be16 fore ‘‘and sustainment’’; and 

17 (2) by striking ‘‘December 31, 2023’’ and in18 serting ‘‘December 31, 2024’’. 

19 (b) FUNDING.—Subsection (g) of such section is 

20 amended by striking ‘‘Overseas Contingency Operations 

21 for fiscal year 2023, there are authorized to be appro22 priated $358,000,000’’ and inserting ‘‘fiscal year 2024, 

23 there is authorized to be appropriated $241,950,000’’. 

24 (c) FOREIGN CONTRIBUTIONS.—Subsection (h) of 

25 such section is amended— 
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1 (1) by striking ‘‘The Secretary’’ and inserting 

2 the following: 

3 ‘‘(1) IN GENERAL.—The Secretary’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) USE OF CONTRIBUTIONS.—The limitations 

7 on costs under subsections (a) and (m) shall not 

8 apply with respect to the expenditure of foreign con9 tributions in excess of such limitations.’’. 

10 (d) WAIVER AUTHORITY.—Subsection (o) of such 

11 section is amended— 

12 (1) in paragraph (1), by striking ‘‘The Presi13 dent’’ and all that follows through ‘‘if the President’’ 

14 and inserting ‘‘The Secretary of Defense may waive 

15 the limitations on costs under subsection (a) or (m) 

16 if the Secretary’’; 

17 (2) by striking paragraph (3); 

18 (3) in paragraph (4), by striking ‘‘as required 

19 by paragraph (3)(B)(i)’’; 

20 (4) in paragraph (5), by striking ‘‘December 

21 31, 2023’’ and inserting ‘‘December 31, 2024’’; and 

22 (5) by redesignating paragraphs (4) and (5) as 

23 paragraphs (3) and (4), respectively. 

24 (e) NOTIFICATION OF PROVISION OF COUNTER UN25 MANNED AERIAL SYSTEMS TRAINING AND ASSISTANCE.— 
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1 Such section is further amended by adding at the end the 

2 following new subsection: 

3 ‘‘(p) NOTIFICATION OF PROVISION OF COUNTER UN4 MANNED AERIAL SYSTEMS TRAINING AND ASSISTANCE.— 

5 ‘‘(1) IN GENERAL.—Not later than 30 days 

6 after providing assistance under this section for 

7 countering threats from unmanned aerial systems, 

8 the Secretary of Defense shall notify the appropriate 

9 congressional committees of such provision of assist10 ance. 

11 ‘‘(2) ELEMENTS.—The notification required by 

12 paragraph (1) shall include the following: 

13 ‘‘(A) An identification of the military 

14 forces being provided such assistance. 

15 ‘‘(B) A description of the type of such as16 sistance, including the types of training and 

17 equipment, being provided.’’. 

18 SEC. 1324. BRIEFING ON NUCLEAR CAPABILITY OF IRAN. 

19 Not later than 60 days after the date of the enact20 ment of this Act, the Secretary of Defense shall provide 

21 the Committees on Armed Services of the Senate and the 

22 House of Representatives with— 

23 (1) a briefing on— 

24 (A) threats to global security posed by the 

25 nuclear weapon capability of Iran; and 
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1 (B) progress made by Iran in enriching 

2 uranium at levels proximate to or exceeding 

3 weapons grade; and 

4 (2) recommendations for actions the United 

5 States may take to ensure that Iran does not ac6 quire a nuclear weapon capability. 

7 SEC. 1325. MODIFICATION OF ESTABLISHMENT OF COORDI8 NATOR FOR DETAINED ISIS MEMBERS AND 

9 RELEVANT POPULATIONS IN SYRIA. 

10 (a) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE COMMITTEES OF CON12 GRESS.—The term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on Armed Services, the 

15 Committee on Foreign Relations, the Com16 mittee on the Judiciary, the Committee on 

17 Banking, Housing, and Urban Affairs, the Se18 lect Committee on Intelligence, and the Com19 mittee on Appropriations of the Senate; and 

20 (B) the Committee on Armed Services, the 

21 Committee on Foreign Affairs, the Committee 

22 on the Judiciary, the Committee on Financial 

23 Services, the Permanent Select Committee on 

24 Intelligence, and the Committee on Appropria25 tions of the House of Representatives. 
794 

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1 (2) ISIS MEMBER.—The term ‘‘ISIS member’’ 

2 means a person who was part of, or substantially 

3 supported, the Islamic State in Iraq and Syria. 

4 (3) SENIOR COORDINATOR.—The term ‘‘Senior 

5 Coordinator’’ means the coordinator for detained 

6 ISIS members and relevant displaced populations in 

7 Syria designated under subsection (a) of section 

8 1224 of the National Defense Authorization Act for 

9 Fiscal Year 2020 (Public Law 116–92; 133 Stat. 

10 1642), as amended by subsection (d). 

11 (b) SENSE OF CONGRESS.— 

12 It is the sense of Congress that— 

13 (A) ISIS detainees held by the Syrian 

14 Democratic Forces and ISIS-affiliated individ15 uals located within displaced persons camps in 

16 Syria pose a significant and growing humani17 tarian challenge and security threat to the re18 gion; 

19 (B) the vast majority of individuals held in 

20 displaced persons camps in Syria are women 

21 and children, approximately 50 percent of 

22 whom are under the age of 12 at the al-Hol 

23 camp, and they face significant threats of vio24 lence and radicalization, as well as lacking ac-
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1 cess to adequate sanitation and health care fa2 cilities; 

3 (C) there is an urgent need to seek a sus4 tainable solution to such camps through repa5 triation and reintegration of the inhabitants; 

6 (D) the United States should work closely 

7 with international allies and partners to facili8 tate the repatriation and reintegration efforts 

9 required to provide a long-term solution for 

10 such camps and prevent the resurgence of ISIS; 

11 and 

12 (E) if left unaddressed, such camps will 

13 continue to be drivers of instability that jeop14 ardize the long-term prospects for peace and 

15 stability in the region. 

16 (c) STATEMENT OF POLICY.—It is the policy of the 

17 United States that— 

18 (1) ISIS-affiliated individuals located within 

19 displacement camps in Syria, and other inhabitants 

20 of displacement camps in Syria, be repatriated and, 

21 where appropriate, prosecuted, or where possible, re22 integrated into their country of origin, consistent 

23 with all relevant domestic laws and applicable inter24 national laws prohibiting refoulement; and 
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1 (2) the camps will be closed as soon as is prac2 ticable. 

3 (d) MODIFICATION OF ESTABLISHMENT OF COORDI4 NATOR FOR DETAINED ISIS MEMBERS AND RELEVANT

5 DISPLACED POPULATIONS IN SYRIA.—Section 1224 of the 

6 National Defense Authorization Act for Fiscal Year 2020 

7 (Public Law 116–92; 133 Stat. 1642) is amended— 

8 (1) by striking subsection (a); 

9 (2) by amending subsection (b) to read as fol10 lows: 

11 ‘‘(a) DESIGNATION.— 

12 ‘‘(1) IN GENERAL.—The President, in consulta13 tion with the Secretary of Defense, the Secretary of 

14 State, the Director of National Intelligence, the Sec15 retary of the Treasury, the Administrator of the 

16 United States Agency for International Develop17 ment, and the Attorney General, shall designate an 

18 existing official to serve within the executive branch 

19 as senior-level coordinator to coordinate, in conjunc20 tion with other relevant agencies, matters related to 

21 ISIS members who are in the custody of the Syrian 

22 Democratic Forces and other relevant displaced pop23 ulations in Syria, including— 

24 ‘‘(A) by engaging foreign partners to sup25 port the repatriation and disposition of such in-
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1 dividuals, including by encouraging foreign 

2 partners to repatriate, transfer, investigate, and 

3 prosecute such ISIS members, and share infor4 mation; 

5 ‘‘(B) coordination of all multilateral and 

6 international engagements led by the Depart7 ment of State and other agencies that are re8 lated to the current and future handling, deten9 tion, and prosecution of such ISIS members; 

10 ‘‘(C) the funding and coordination of the 

11 provision of technical and other assistance to 

12 foreign countries to aid in the successful inves13 tigation and prosecution of such ISIS members, 

14 as appropriate, in accordance with relevant do15 mestic laws, international humanitarian law, 

16 and other internationally recognized human 

17 rights and rule of law standards; 

18 ‘‘(D) coordination of all multilateral and 

19 international engagements related to humani20 tarian access and provision of basic services to, 

21 and freedom of movement and security and safe 

22 return of, displaced persons at camps or facili23 ties in Syria that hold family members of such 

24 ISIS members; 
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1 ‘‘(E) coordination with relevant agencies 

2 on matters described in this section; and 

3 ‘‘(F) any other matter the President con4 siders relevant. 

5 ‘‘(2) RULE OF CONSTRUCTION.—If, on the date 

6 of the enactment of the National Defense Authoriza7 tion Act for Fiscal Year 2024, an individual has al8 ready been designated, consistent with the require9 ments and responsibilities described in paragraph 

10 (1), the requirements under that paragraph shall be 

11 considered to be satisfied with respect to such indi12 vidual until the date on which such individual no 

13 longer serves as the Senior Coordinator.’’; 

14 (3) in subsection (c), by striking ‘‘subsection 

15 (b)’’ and inserting ‘‘subsection (a)’’; 

16 (4) in subsection (d), by striking ‘‘subsection 

17 (b)’’ and inserting ‘‘subsection (a)’’; 

18 (5) in subsection (e), by striking ‘‘January 31, 

19 2021’’ and inserting ‘‘January 31, 2025’’; 

20 (6) in subsection (f)— 

21 (A) by redesignating paragraph (2) as 

22 paragraph (3); 

23 (B) by inserting after paragraph (1) the 

24 following new paragraph (2): 
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1 ‘‘(2) SENIOR COORDINATOR.—The term ‘Senior 

2 Coordinator’ means the individual designated under 

3 subsection (a).’’; and 

4 (C) by adding at the end the following new 

5 paragraph: 

6 ‘‘(4) RELEVANT AGENCIES.—The term ‘relevant 

7 agencies’ means— 

8 ‘‘(A) the Department of State; 

9 ‘‘(B) the Department of Defense; 

10 ‘‘(C) the Department of the Treasury; 

11 ‘‘(D) the Department of Justice; 

12 ‘‘(E) the United States Agency for Inter13 national Development; 

14 ‘‘(F) the Office of the Director of National 

15 Intelligence; and 

16 ‘‘(G) any other agency the President con17 siders relevant.’’; and 

18 (7) by redesignating subsections (c) through (f) 

19 as subsections (b) through (e), respectively. 

20 (e) STRATEGY ON ISIS-RELATED DETAINEE AND

21 DISPLACEMENT CAMPS IN SYRIA.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, the Sec24 retary of State, in coordination with the Secretary of 

25 Defense, the Director of National Intelligence, the 
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1 Secretary of the Treasury, the Administrator of the 

2 United States Agency for International Develop3 ment, and the Attorney General, shall submit to the 

4 appropriate committees of Congress an interagency 

5 strategy with respect to ISIS-affiliated individuals 

6 and ISIS-related detainee and other displaced per7 sons camps in Syria. 

8 (2) ELEMENTS.—The strategy required by 

9 paragraph (1) shall include— 

10 (A) methods to address— 

11 (i) disengagement from and preven12 tion of recruitment into violence, violent 

13 extremism, and other illicit activity in such 

14 camps; 

15 (ii) efforts to encourage and facilitate 

16 repatriation and, as appropriate, investiga17 tion and prosecution of foreign nationals 

18 from such camps, consistent with all rel19 evant domestic and applicable international 

20 laws; 

21 (iii) the return and reintegration of 

22 displaced Syrian and Iraqi women and 

23 children into their communities of origin; 

24 (iv) international engagement to de25 velop processes for repatriation and re-
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1 integration of foreign nationals from such 

2 camps; 

3 (v) contingency plans for the reloca4 tion of detained and displaced persons who 

5 are not able to be repatriated from such 

6 camps; 

7 (vi) efforts to improve the humani8 tarian conditions in such camps, including 

9 through the delivery of medicine, psycho10 social support, clothing, education, and im11 proved housing; and 

12 (vii) assessed humanitarian and secu13 rity needs of all camps and detainment fa14 cilities based on prioritization of such 

15 camps and facilities most at risk of hu16 manitarian crises, external attacks, or in17 ternal violence; 

18 (B) an assessment of— 

19 (i) rehabilitation centers in northeast 

20 Syria, including humanitarian conditions 

21 and processes for admittance and efforts to 

22 improve both humanitarian conditions and 

23 admittance processes for such centers and 

24 camps, as well as on the prevention of 

25 youth radicalization; and 
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1 (ii) processes for being sent to, and 

2 resources directed towards, rehabilitation 

3 centers and programs in countries that re4 ceive returned ISIS affiliated individuals, 

5 with a focus on the prevention of 

6 radicalization of minor children; 

7 (C) a plan to improve, in such camps— 

8 (i) security conditions, including by 

9 training of personnel and through con10 struction; and 

11 (ii) humanitarian conditions; 

12 (D) a framework for measuring progress of 

13 humanitarian, security, and repatriation efforts 

14 with the goal of closing such camps; and 

15 (E) any other matter the Secretary of 

16 State considers appropriate. 

17 (3) FORM.—The strategy required by para18 graph (1) shall be submitted in unclassified form but 

19 may include a classified annex that is transmitted 

20 separately. 

21 (f) ANNUAL INTERAGENCY REPORT.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, and not 

24 less frequently than annually thereafter through 

25 January 31, 2025, the Senior Coordinator, in co-
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1 ordination with the relevant agencies, shall submit to 

2 the appropriate committees of Congress a detailed 

3 report that includes the following: 

4 (A) A detailed description of the facilities 

5 and camps where detained ISIS members, and 

6 families with perceived ISIS affiliation, are 

7 being held and housed, including— 

8 (i) a description of the security and 

9 management of such facilities and camps; 

10 (ii) an assessment of resources re11 quired for the security of such facilities 

12 and camps; 

13 (iii) an assessment of the adherence 

14 by the operators of such facilities and 

15 camps to international humanitarian law 

16 standards; and 

17 (iv) an assessment of children held 

18 within such facilities and camps that may 

19 be used as part of smuggling operations to 

20 evade security at the facilities and camps. 

21 (B) A description of all efforts undertaken 

22 by, and the resources needed for, the United 

23 States Government to address deficits in the 

24 humanitarian environment and security of such 

25 facilities and camps. 
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1 (C) A description of all multilateral and 

2 international engagements related to humani3 tarian access and provision of basic services to, 

4 and freedom of movement and security and safe 

5 return of, displaced persons at camps or facili6 ties in Iraq, Syria, and any other area affected 

7 by ISIS activity, including a description of— 

8 (i) support for efforts by the Syrian 

9 Democratic Forces to facilitate the return 

10 and reintegration of displaced people from 

11 Iraq and Syria; 

12 (ii) repatriation efforts with respect to 

13 displaced women and children and male 

14 children aging into adults while held in 

15 these facilities and camps; 

16 (iii) any current or future potential 

17 threat to United States national security 

18 interests posed by detained ISIS members 

19 or displaced families, including an analysis 

20 of the al-Hol camp and annexes; and 

21 (iv) United States Government plans 

22 and strategies to respond to any threat 

23 identified under clause (iii). 
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1 (D) The number of individuals repatriated 

2 from the custody of the Syrian Democratic 

3 Forces. 

4 (E) An analysis of factors on the ground 

5 in Syria and Iraq that may result in the unin6 tended release of detained or displaced ISIS 

7 members, and an assessment of any measures 

8 available to mitigate such releases. 

9 (F) A detailed description of efforts to en10 courage the final disposition and security of de11 tained or displaced ISIS members with other 

12 countries and international organizations. 

13 (G) A description of foreign repatriation 

14 and rehabilitation programs deemed successful 

15 systems to model, and an analysis of the long16 term results of such programs. 

17 (H) A description of the manner in which 

18 the United States Government communicates 

19 regarding repatriation and disposition efforts 

20 with the families of United States citizens be21 lieved to have been victims of a criminal act by 

22 a detained or displaced ISIS member, in ac23 cordance with section 503(c) of the Victims’ 

24 Rights and Restitution Act of 1990 (34 U.S.C. 
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1 20141(c)) and section 3771 of title 18, United 

2 States Code. 

3 (I) An analysis of all efforts between the 

4 United States and partner countries within the 

5 Global Coalition to Defeat ISIS or other coun6 tries to share related information that may aid 

7 in resolving the final disposition of ISIS mem8 bers, and any obstacles that may hinder such 

9 efforts. 

10 (J) Any other matter the Coordinator con11 siders appropriate. 

12 (2) FORM.—The report required by paragraph 

13 (1) shall be submitted in unclassified form but may 

14 include a classified annex that is transmitted sepa15 rately. 

16 (g) RULE OF CONSTRUCTION.—Nothing in this sec17 tion, or an amendment made by this section, may be con18 strued— 

19 (1) to limit the authority of any Federal agency 

20 to independently carry out the authorized functions 

21 of such agency; or 

22 (2) to impair or otherwise affect the activities 

23 performed by that agency as granted by law. 
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1 Subtitle C—Matters Relating to Eu2 rope and the Russian Federa3 tion 

4 SEC. 1331. EXTENSION AND MODIFICATION OF UKRAINE SE5 CURITY ASSISTANCE INITIATIVE. 

6 (a) FUNDING.—Subsection (f) of section 1250 of the 

7 National Defense Authorization Act for Fiscal Year 2016 

8 (Public Law 114–92; 129 Stat. 1068) is amended— 

9 (1) in the matter preceding paragraph (1), by 

10 striking ‘‘for overseas contingency operations’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(9) For fiscal year 2024, $300,000,000.’’. 

14 (b) TERMINATION OF AUTHORITY.—Subsection (h) 

15 of such section is amended by striking ‘‘December 31, 

16 2024’’ and inserting ‘‘December 31, 2027’’. 

17 SEC. 1332. EXTENSION AND MODIFICATION OF TRAINING 

18 FOR EASTERN EUROPEAN NATIONAL SECU19 RITY FORCES IN THE COURSE OF MULTILAT20 ERAL EXERCISES. 

21 Section 1251 of the National Defense Authorization 

22 Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amend23 ed— 

24 (1) in subsection (c)(1), by adding at the end 

25 the following new subparagraph: 
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1 ‘‘(C) The Republic of Kosovo.’’; and 

2 (2) in subsection (h)— 

3 (A) in the first sentence, by striking ‘‘De4 cember 31, 2024’’ and inserting ‘‘December 31, 

5 2026’’; and 

6 (B) in the second sentence, by striking 

7 ‘‘December 31, 2024.’’ and inserting ‘‘Decem8 ber 31, 2026’’. 

9 SEC. 1333. EXTENSION OF PROHIBITION ON AVAILABILITY 

10 OF FUNDS RELATING TO SOVEREIGNTY OF 

11 THE RUSSIAN FEDERATION OVER INTER12 NATIONALLY RECOGNIZED TERRITORY OF 

13 UKRAINE. 

14 Section 1245(a) of the James M. Inhofe National De15 fense Authorization Act for Fiscal Year 2023 (Public Law 

16 117–263) is amended by striking ‘‘None of the funds’’ and 

17 all that follows through ‘‘2023’’ and inserting ‘‘None of 

18 the funds authorized to be appropriated for fiscal year 

19 2023 or 2024’’. 

20 SEC. 1334. EXTENSION AND MODIFICATION OF TEMPORARY 

21 AUTHORIZATIONS RELATED TO UKRAINE 

22 AND OTHER MATTERS. 

23 Section 1244 of the James M. Inhofe National De24 fense Authorization Act for Fiscal Year 2023 (Public Law 

25 117–263) is amended— 
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1 (1) in subsection (a)(7), by striking ‘‘September 

2 30, 2024’’ and inserting ‘‘September 30, 2025’’; and 

3 (2) in subsection (c)(1)— 

4 (A) in the matter preceding subparagraph 

5 (A), by inserting ‘‘or fiscal year 2024’’ after 

6 ‘‘fiscal year 2023’’; 

7 (B) in subparagraph (P), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (C) in subparagraph (Q), by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (D) by inserting at the end the following 

12 new subparagraphs: 

13 ‘‘(R) 3,300 Tomahawk Cruise Missiles; 

14 ‘‘(S) 1,100 Precision Strike Missiles 

15 (PrSM); 

16 ‘‘(T) 550 Mark 48 Torpedoes; 

17 ‘‘(U) 1,650 RIM–162 Evolved Sea Spar18 row Missiles (ESSM); 

19 ‘‘(V) 1,980 RIM–116 Rolling Airframe 

20 Missiles (RAM); and 

21 ‘‘(W) 11,550 Small Diameter Bomb IIs 

22 (SDB–II).’’. 
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1 SEC. 1335. PRIORITIZATION FOR BASING, TRAINING, AND 

2 EXERCISES IN NORTH ATLANTIC TREATY OR3 GANIZATION MEMBER COUNTRIES. 

4 (a) IN GENERAL.—Subject to subsection (b), when 

5 considering decisions related to United States military 

6 basing, training, and exercises, the Secretary of Defense 

7 shall prioritize those North Atlantic Treaty Organization 

8 member countries that have achieved defense spending of 

9 not less than 2 percent of their gross domestic product 

10 by 2024. 

11 (b) WAIVER.—The Secretary of Defense may waive 

12 subsection (a) if the Secretary submits a certification to 

13 the congressional defense committees that a waiver is in 

14 the national security interests of the United States. 

15 SEC. 1336. STUDY AND REPORT ON LESSONS LEARNED RE16 GARDING INFORMATION OPERATIONS AND 

17 DETERRENCE. 

18 (a) STUDY.— 

19 (1) IN GENERAL.—The Secretary of Defense 

20 shall seek to enter into a contract or other agree21 ment with an eligible entity to conduct an inde22 pendent study on lessons learned from information 

23 operations conducted by the United States, Ukraine, 

24 the Russian Federation, and member countries of 

25 the North Atlantic Treaty Organization during the 
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1 lead-up to the Russian Federation’s full-scale inva2 sion of Ukraine in 2022 and throughout the conflict. 

3 (2) ELEMENT.—The study required by para4 graph (1) shall include recommendations for im5 provements to United States information operations 

6 to enhance effectiveness, as well as recommendations 

7 on how information operations may be improved to 

8 support the maintenance of deterrence. 

9 (b) REPORT.— 

10 (1) IN GENERAL.—Not later than one year 

11 after the date of the enactment of this Act, Sec12 retary of Defense shall submit to the Committees on 

13 Armed Services of the Senate and the House of Rep14 resentatives a report on the results of the study in 

15 its entirety, along with any such comments as the 

16 Secretary considers relevant. 

17 (2) FORM.—The report required by paragraph 

18 (1) shall be submitted in unclassified form but may 

19 include a classified annex. 

20 (c) ELIGIBLE ENTITY DEFINED.—In this section, the 

21 term ‘‘eligible entity’’— 

22 (1) means an entity independent of the Depart23 ment of Defense that is not under the direction or 

24 control of the Secretary of Defense; and 
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1 (2) an independent, nongovernmental institute 

2 described in section 501(c)(3) of the Internal Rev3 enue Code of 1986 and exempt from tax under sec4 tion 501(a) of such Code that has recognized creden5 tials and expertise in national security and military 

6 affairs appropriate for the assessment. 

7 SEC. 1337. REPORT ON PROGRESS ON MULTI-YEAR STRAT8 EGY AND PLAN FOR THE BALTIC SECURITY 

9 INITIATIVE. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act, the Secretary of De12 fense, in consultation with the Secretary of State, shall 

13 submit to the congressional defense committees a report 

14 on the progress made in the implementation of the multi15 year strategy and spending plan set forth in the June 

16 2021 report of the Department of Defense entitled ‘‘Re17 port to Congress on the Baltic Security Initiative’’. 

18 (b) ELEMENTS.—The report required by subsection 

19 (a) shall include the following: 

20 (1) An identification of any significant change 

21 to the goals, objectives, and milestones identified in 

22 the June 2021 report described in subsection (a), in 

23 light of the radically changed security environment 

24 in the Baltic region after the full-scale invasion of 

25 Ukraine by the Russian Federation on February 24, 
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1 2022, and with consideration to enhancing the deter2 rence and defense posture of the North Atlantic 

3 Treaty Organization in the Baltic region, including 

4 through the implementation of the regional defense 

5 plans of the North Atlantic Treaty Organization. 

6 (2) An update on the Department of Defense 

7 funding allocated for such strategy and spending 

8 plan for fiscal years 2022 and 2023 and projected 

9 funding requirements for fiscal years 2024, 2025, 

10 and 2026 for each goal identified in such report. 

11 (3) An update on the host country funding allo12 cated and planned for each such goal. 

13 (4) An assessment of the progress made in the 

14 implementation of the recommendations set forth in 

15 the fiscal year 2020 Baltic Defense Assessment, and 

16 reaffirmed in the June 2021 report described in sub17 section (a), that each Baltic country should— 

18 (A) increase its defense budget; 

19 (B) focus on and budget for sustainment 

20 of capabilities in defense planning; and 

21 (C) consider combined units for expensive 

22 capabilities such as air defense, rocket artillery, 

23 and engineer assets. 
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1 SEC. 1338. SENSE OF THE SENATE ON THE NORTH ATLAN2 TIC TREATY ORGANIZATION. 

3 It is the sense of the Senate that— 

4 (1) the success of the North Atlantic Treaty 

5 Organization is critical to advancing United States 

6 national security objectives in Europe, the Indo-Pa7 cific region, and around the world; 

8 (2) the North Atlantic Treaty Organization re9 mains the strongest and most successful military al10 liance in the world, founded on a commitment by its 

11 members to uphold the principles of democracy, indi12 vidual liberty, and the rule of law; 

13 (3) the United States reaffirms its ironclad 

14 commitment— 

15 (A) to the North Atlantic Treaty Organiza16 tion as the foundation of transatlantic security; 

17 and 

18 (B) to upholding its obligations under the 

19 North Atlantic Treaty, including Article 5; 

20 (4) the unprovoked and illegal invasion of 

21 Ukraine by the Russian Federation has upended se22 curity in Europe and requires the full attention of 

23 the transatlantic alliance; 

24 (5) welcoming Finland as the 31st member of 

25 the North Atlantic Treaty Organization has made 

26 the North Atlantic Treaty Organization Alliance 
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1 stronger and the remaining North Atlantic Treaty 

2 Organization member countries should swiftly ratify 

3 the accession protocols of Sweden so as to bolster 

4 the collective security of the North Atlantic Treaty 

5 Organization by increasing the security and stability 

6 of the Baltic Sea region and Northern Europe; 

7 (6) the North Atlantic Treaty Organization 

8 member countries that have not yet met the two-per9 cent defense spending pledge, as agreed to at the 

10 2014 Wales Summit, should endeavor to meet the 

11 timeline as expeditiously as possible, but certainly 

12 within the five-year period beginning on the date of 

13 the enactment of this Act; 

14 (7) the United States and North Atlantic Trea15 ty Organization allies and partners should continue 

16 efforts to identify, synchronize, and deliver needed 

17 assistance to Ukraine as Ukraine continues the fight 

18 against the illegal and unjust war of the Russian 

19 Federation; 

20 (8) the Strategic Concept, agreed to by all 

21 North Atlantic Treaty Organization member coun22 tries at the Madrid Summit in 2022, outlined the 

23 focus of the North Atlantic Treaty Organization for 

24 the upcoming decade, and North Atlantic Treaty Or25 ganization allies should continue to implement the 
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1 strategies outlined, including by making efforts to 

2 address the challenges posed by the coercive policies 

3 of the People’s Republic of China that undermine 

4 the interests, security, and shared values of the 

5 North Atlantic Treaty Organization Alliance; 

6 (9) the United States and North Atlantic Trea7 ty Organization allies should continue long-term ef8 forts— 

9 (A) to improve interoperability among the 

10 military forces of member countries of the 

11 North Atlantic Treaty Organization so as to en12 hance collective operations, including the divest13 ment of Soviet-era capabilities; 

14 (B) to enhance security sector cooperation 

15 and explore opportunities to reinforce civil sec16 tor preparedness and resilience measures that 

17 may be likely targets of malign influence cam18 paigns; 

19 (C) to mitigate the impact of hybrid war20 fare operations, particularly those in the infor21 mation and cyber domains; and 

22 (D) to expand joint research and develop23 ment initiatives with a focus on emerging tech24 nologies such as quantum computing, artificial 

25 intelligence, and machine learning, including 
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1 through the work of the Defence Innovation Ac2 celerator for the North Atlantic initiative (com3 monly known as ‘‘DIANA’’); 

4 (10) the European Deterrence Initiative re5 mains critically important and has demonstrated its 

6 unique value to the United States and North Atlan7 tic Treaty Organization allies during the current 

8 Russian Federation-created war against Ukraine; 

9 (11) the United States should continue to work 

10 with North Atlantic Treaty Organization allies, and 

11 other allies and partners, to build permanent mecha12 nisms to strengthen supply chains, enhance supply 

13 chain security, and fill supply chain gaps; 

14 (12) the United States should prioritize collabo15 ration with North Atlantic Treaty Organization al16 lies to secure enduring and robust critical munitions 

17 supply chains so as to increase military readiness; 

18 (13) the United States and the North Atlantic 

19 Treaty Organization should expand cooperation ef20 forts on cybersecurity issues to prevent adversaries 

21 and criminals from compromising critical systems 

22 and infrastructure; and 

23 (14) it is in the interest of the United States 

24 that the North Atlantic Treaty Organization adopt 

25 a robust strategy toward the Black Sea, and the 
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1 United States should also consider working with in2 terested partner countries to advance a coordinated 

3 strategy inclusive of diverse elements of transatlantic 

4 security architecture in the Black Sea region. 

5 SEC. 1339. SENSE OF THE SENATE ON DEFENCE INNOVA6 TION ACCELERATOR FOR THE NORTH ATLAN7 TIC (DIANA) IN THE NORTH ATLANTIC TREA8 TY ORGANIZATION. 

9 It is the sense of the Senate that— 

10 (1) the new initiative within the North Atlantic 

11 Treaty Organization (NATO) to establish a new re12 search and development initiative, known as the 

13 Defence Innovation Accelerator for the North Atlan14 tic (DIANA), is an important step in aligning the 

15 industry and academic innovation communities of 

16 the NATO member states towards common goals for 

17 identifying, experimenting, and transitioning critical 

18 technologies of importance to NATO; 

19 (2) DIANA will spur increased defense research 

20 and development funding to rapidly adapt to a new 

21 era of strategic competition by bringing defense per22 sonnel together with NATO’s leading entrepreneurs 

23 and academic researchers; 

24 (3) DIANA will also increase opportunities for 

25 engagement on NATO’s priority technology areas, 
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1 including artificial intelligence, data, autonomy, 

2 quantum-enabled technologies, biotechnology, 

3 hypersonic technologies, space, novel materials and 

4 manufacturing, and energy and propulsion; and 

5 (4) through DIANA, NATO allies will foster in6 novative ecosystems and develop talent for dual use 

7 technologies to maintain NATO’s strategic advan8 tage. 

9 SEC. 1340. SENSE OF THE SENATE REGARDING THE ARM10 ING OF UKRAINE. 

11 It is the sense of the Senate that Ukraine would de12 rive military benefit from the provision of munitions such 

13 as the dual-purpose improved conventional munition 

14 (DPICM). Such weapons could be fired from systems in 

15 the existing Ukrainian inventory and would enhance 

16 Ukraine’s stockpile of available munitions and would bol17 ster Ukraine’s efforts to end Russia’s illegal and unjust 

18 war. The Department of Defense, in concert with the other 

19 members of the Ukraine Defense Contract Group, should 

20 continue to support Ukraine’s brave fight to defeat the 

21 invasion of the Russian Federation. The Department of 

22 Defense, in close coordination with the State Department, 

23 should assess the feasibility and advisability of providing 

24 such munitions, including giving appropriate attention to 

25 humanitarian considerations, including supporting 
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1 Ukraine’s effort to end the widespread suffering of the 

2 Ukrainian people by bringing Russia’s war of choice to 

3 an end as soon as possible on terms favorable to Ukraine, 

4 as well as the views of other members of the Ukraine De5 fense Contract Group. 

6 Subtitle D—Matters Relating to the 

7 Indo-Pacific Region 

8 SEC. 1341. INDO-PACIFIC CAMPAIGNING INITIATIVE. 

9 (a) IN GENERAL.—The Secretary of Defense shall es10 tablish, and the Commander of the United States Indo11 Pacific Command shall carry out, an Indo-Pacific Cam12 paigning Initiative (in this section referred to as the ‘‘Ini13 tiative’’) for purposes of— 

14 (1) strengthening United States alliances and 

15 partnerships with foreign military partners in the 

16 Indo-Pacific region; 

17 (2) deterring military aggression by potential 

18 adversaries against the United States and allies and 

19 partners of the United States; 

20 (3) dissuading strategic competitors from seek21 ing to achieve their objectives through the conduct 

22 of military activities below the threshold of tradi23 tional armed conflict; 
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1 (4) improving the understanding of the United 

2 States Armed Forces with respect to the operating 

3 environment in the Indo-Pacific region; 

4 (5) shaping the perception of potential adver5 saries with respect to United States military capa6 bilities and the military capabilities of allies and 

7 partners of the United States in the Indo-Pacific re8 gion; and 

9 (6) improving the ability of the United States 

10 Armed Forces to coordinate and operate with for11 eign military partners in the Indo-Pacific region. 

12 (b) BRIEFING AND REPORT.— 

13 (1) BRIEFING.—Not later than March 1, 2024, 

14 the Secretary shall provide the congressional defense 

15 committees with a briefing that describes ongoing 

16 and planned campaigning activities in the Indo-Pa17 cific region for fiscal year 2024. 

18 (2) REPORT.—Not later than December 1, 

19 2024, the Secretary shall submit to the congres20 sional defense committees a report that— 

21 (A) summarizes the campaigning activities 

22 conducted in the Indo-Pacific region during fis23 cal year 2024; and 

24 (B) includes— 
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1 (i) a value assessment of each such 

2 activity; 

3 (ii) lessons learned in carrying out 

4 such activities; 

5 (iii) any identified resource or author6 ity gap that has negatively impacted the 

7 implementation of the Initiative; and 

8 (iv) proposed plans for additional 

9 campaigning activities in the Indo-Pacific 

10 region to fulfill the purposes described in 

11 subsection (a). 

12 (c) CAMPAIGNING DEFINED.—In this section, the 

13 term ‘‘campaigning’’— 

14 (1) means the conduct and sequencing of logi15 cally linked military activities to achieve strategy16 aligned objectives, including modifying the security 

17 environment over time to the benefit of the United 

18 States and the allies and partners of the United 

19 States while limiting, frustrating, and disrupting 

20 competitor activities; and 

21 (2) includes deliberately planned military activi22 ties in the Indo-Pacific region involving bilateral and 

23 multilateral engagements with foreign partners, 

24 training, exercises, demonstrations, experiments, and 
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1 other activities to achieve the objectives described in 

2 subsection (a). 

3 SEC. 1342. TRAINING, ADVISING, AND INSTITUTIONAL CA4 PACITY-BUILDING PROGRAM FOR MILITARY 

5 FORCES OF TAIWAN. 

6 (a) ESTABLISHMENT.—Consistent with the Taiwan 

7 Relations Act (22 U.S.C. 3301 et seq.) and the Taiwan 

8 Enhanced Resilience Act (subtitle A of title LV of Public 

9 Law 117–263), the Secretary of Defense, with the concur10 rence of the Secretary of State and in consultation with 

11 appropriate officials of Taiwan, shall establish a com12 prehensive training, advising, and institutional capacity13 building program for the military forces of Taiwan using 

14 the authorities provided in chapter 16 of title 10, United 

15 States Code, and other applicable statutory authorities 

16 available to the Secretary of Defense. 

17 (b) PURPOSES.—The purposes of the program estab18 lished under subsection (a) shall be— 

19 (1) to enable a layered defense of Taiwan by 

20 the military forces of Taiwan, including in support 

21 of the use of an asymmetric defense strategy; 

22 (2) to enhance interoperability between the 

23 United States Armed Forces and the military forces 

24 of Taiwan; 
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1 (3) to encourage information sharing between 

2 the United States Armed Forces and the military 

3 forces of Taiwan; 

4 (4) to promote joint force employment; and 

5 (5) to improve professional military education 

6 and the civilian control of the military. 

7 (c) ELEMENTS.—The program established under 

8 subsection (a) shall include efforts to improve— 

9 (1) the tactical proficiency of the military forces 

10 of Taiwan; 

11 (2) the operational employment of the military 

12 forces of Taiwan to conduct a layered defense of 

13 Taiwan, including in support of an asymmetric de14 fense strategy; 

15 (3) the employment of joint military capabilities 

16 by the military forces of Taiwan, including through 

17 joint military training, exercises, and planning; 

18 (4) the reform and integration of the reserve 

19 military forces of Taiwan; 

20 (5) the use of defense articles and services 

21 transferred from the United States to Taiwan; 

22 (6) the integration of the military forces of Tai23 wan with relevant civilian agencies, including the 

24 All-Out Defense Mobilization Agency; 
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1 (7) the ability of Taiwan to participate in bilat2 eral and multilateral military exercises, as appro3 priate; 

4 (8) the defensive cyber capabilities and prac5 tices of the Ministry of National Defense of Taiwan; 

6 and 

7 (9) any other matter the Secretary of Defense 

8 considers relevant. 

9 (d) DECONFLICTION, COORDINATION, AND CONCUR10 RENCE.—The Secretary of Defense shall deconflict, co11 ordinate, and seek the concurrence of the Secretary of 

12 State and the heads of other relevant departments and 

13 agencies with respect to activities carried out under the 

14 program required by subsection (a), in accordance with 

15 the requirements of the authorities provided in chapter 16 

16 of title 10, United States Code, and other applicable statu17 tory authorities available to the Secretary of Defense. 

18 (e) REPORTING.—As part of each annual report on 

19 Taiwan defensive military capabilities and intelligence 

20 support required by section 1248 of the National Defense 

21 Authorization Act for Fiscal Year 2022 (Public Law 117– 

22 81; 135 Stat. 1988), the Secretary of Defense shall pro23 vide— 

24 (1) an update on efforts made to address each 

25 element under subsection (c); and 
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1 (2) an identification of any authority or re2 source shortfall that inhibits such efforts. 

3 SEC. 1343. INDO-PACIFIC MARITIME DOMAIN AWARENESS 

4 INITIATIVE. 

5 (a) ESTABLISHMENT.—Not later than 90 days after 

6 the date of the enactment of this Act, the Secretary of 

7 Defense, in coordination with the Secretary of State, shall 

8 seek to establish an initiative with allies and partners of 

9 the United States, including Australia, Japan, and India, 

10 to be known as the ‘‘Indo-Pacific Maritime Domain 

11 Awareness Initiative’’ (in this section referred to as the 

12 ‘‘Initiative’’), to bolster maritime domain awareness in the 

13 Indo-Pacific region. 

14 (b) USE OF AUTHORITIES.—In carrying out the Ini15 tiative, the Secretary of Defense may use the authorities 

16 provided in chapter 16 of title 10, United States Code, 

17 and other applicable statutory authorities available to the 

18 Secretary of Defense. 

19 (c) PURPOSES.—The purposes of the Initiative are as 

20 follows: 

21 (1) To enhance the ability of allies and partners 

22 of the United States in the Indo-Pacific region to 

23 fully monitor the maritime domain of such region. 

24 (2) To leverage emerging technologies to sup25 port maritime domain awareness objectives. 
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1 (3) To provide a comprehensive understanding 

2 of the maritime domain in the Indo-Pacific region, 

3 including by facilitating information sharing among 

4 such allies and partners. 

5 (d) REPORT.—Not later than March 1, 2024, the 

6 Secretary of Defense shall submit to the congressional de7 fense committees a report that outlines ongoing and 

8 planned activities of the Initiative, and the resources need9 ed to carry out the such activities, for fiscal year 2025. 

10 SEC. 1344. EXTENSION OF PACIFIC DETERRENCE INITIA11 TIVE. 

12 (a) EXTENSION.—Subsection (c) of section 1251 of 

13 the William M. (Mac) Thornberry National Defense Au14 thorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) 

15 is amended— 

16 (1) by striking ‘‘the National Defense Author17 ization Act for Fiscal Year 2023’’ and inserting ‘‘the 

18 National Defense Authorization Act for Fiscal Year 

19 2024’’; and 

20 (2) by striking ‘‘fiscal year 2023’’ and inserting 

21 ‘‘fiscal year 2024’’. 

22 (b) REPORT ON RESOURCING UNITED STATES DE23 FENSE REQUIREMENTS FOR THE INDO-PACIFIC REGION

24 AND STUDY ON COMPETITIVE STRATEGIES.—Subsection 

25 (d)(1)(A) of such section is amended by striking ‘‘fiscal 
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1 years 2023 and 2024’’ and inserting ‘‘fiscal years 2024 

2 and 2025’’. 

3 SEC. 1345. EXTENSION OF AUTHORITY TO TRANSFER 

4 FUNDS FOR BIEN HOA DIOXIN CLEANUP. 

5 Section 1253(b) of the William M. (Mac) Thornberry 

6 National Defense Authorization Act for Fiscal Year 2021 

7 (Public Law 116–283; 134 Stat. 3955) is amended by 

8 striking ‘‘fiscal year 2023’’ and inserting ‘‘fiscal year 

9 2024’’. 

10 SEC. 1346. EXTENSION AND MODIFICATION OF PILOT PRO11 GRAM TO IMPROVE CYBER COOPERATION 

12 WITH FOREIGN MILITARY PARTNERS IN 

13 SOUTHEAST ASIA. 

14 (a) IN GENERAL.—Subsection (a) of section 1256 of 

15 the William M. (Mac) Thornberry National Defense Au16 thorization Act for Fiscal Year 2021 (Public Law 116– 

17 283; 134 Stat. 3956; 10 U.S.C. 333 note) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 striking ‘‘in Vietnam, Thailand, and Indonesia’’ and 

20 inserting ‘‘with covered foreign military partners’’; 

21 (2) in paragraph (1), by striking ‘‘Vietnam, 

22 Thailand, and Indonesia’’ and inserting ‘‘covered 

23 foreign military partners’’; and 
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1 (3) in paragraph (2), by striking ‘‘Vietnam, 

2 Thailand, and Indonesia on’’ and inserting ‘‘covered 

3 foreign military partners on defensive’’. 

4 (b) ELEMENTS.—Subsection (b) of such section is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘Vietnam, 

7 Thailand, and Indonesia’’ and inserting ‘‘covered 

8 foreign military partners’’; and 

9 (2) in paragraph (2), by striking ‘‘Vietnam, 

10 Thailand, and Indonesia’’ and inserting ‘‘covered 

11 foreign military partners’’. 

12 (c) REPORTS.—Subsection (c)(2)(B) of such title is 

13 amended by striking ‘‘Vietnam, Thailand, and Indonesia’’ 

14 and inserting ‘‘covered foreign military partners’’. 

15 (d) CERTIFICATION.—Subsection (d) of such section 

16 is amended— 

17 (1) by inserting ‘‘with any covered foreign mili18 tary partner’’ after ‘‘scheduled to commence’’; and 

19 (2) by striking ‘‘Vietnam, Indonesia, or Thai20 land’’ and inserting ‘‘the covered foreign military 

21 partner’’. 

22 (e) EXTENSION.—Subsection (e) of such section is 

23 amended by striking ‘‘December 31, 2024’’ and inserting 

24 ‘‘December 31, 2029’’. 
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1 (f) DEFINITIONS.—Subsection (f) of such section is 

2 amended to read as follows: 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) APPROPRIATE COMMITTEES OF CON5 GRESS.—The term ‘appropriate committees of Con6 gress’ means— 

7 ‘‘(A) the Committee on Armed Services 

8 and the Committee on Foreign Relations of the 

9 Senate; and 

10 ‘‘(B) the Committee on Armed Services 

11 and the Committee on Foreign Affairs of the 

12 House of Representatives. 

13 ‘‘(2) COVERED FOREIGN MILITARY PARTNER.— 

14 The term ‘covered foreign military partner’ means 

15 the following: 

16 ‘‘(A) Vietnam. 

17 ‘‘(B) Thailand. 

18 ‘‘(C) Indonesia. 

19 ‘‘(D) The Philippines. 

20 ‘‘(E) Malaysia.’’. 

21 (g) CONFORMING AMENDMENTS.— 

22 (1) Section 1256 of the William M. (Mac) 

23 Thornberry National Defense Authorization Act for 

24 Fiscal Year 2021 (Public Law 116–283; 134 Stat. 

25 3956; 10 U.S.C. 333 note) is amended, in the sec-
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1 tion heading, by striking ‘‘VIETNAM, THAILAND, 

2 AND INDONESIA’’ and inserting ‘‘COVERED FOR3 EIGN MILITARY PARTNERS IN SOUTHEAST

4 ASIA’’. 

5 (2) The table of contents for the William M. 

6 (Mac) Thornberry National Defense Authorization 

7 Act for Fiscal Year 2021 (Public Law 116–283; 134 

8 Stat. 3388) is amended by striking the item relating 

9 to section 1256 and inserting the following: 

‘‘Sec. 1256. Pilot program to improve cyber cooperation with covered foreign 

military partners in Southeast Asia.’’. 

10 (3) The table of contents for title XII of the 

11 William M. (Mac) Thornberry National Defense Au12 thorization Act for Fiscal Year 2021 (Public Law 

13 116–283; 134 Stat. 3905) is amended by striking 

14 the item relating to section 1256 and inserting the 

15 following: 

‘‘Sec. 1256. Pilot program to improve cyber cooperation with covered foreign 

military partners in Southeast Asia.’’. 

16 SEC. 1347. EXTENSION AND MODIFICATION OF CERTAIN 

17 TEMPORARY AUTHORIZATIONS. 

18 (a) IN GENERAL.—Section 1244 of the James M. 

19 Inhofe National Defense Authorization Act for Fiscal Year 

20 2023 (Public Law 117–263; 136 Stat. 2844) is amend21 ed— 

22 (1) in the section heading, by striking ‘‘OTHER

23 MATTERS’’ and inserting ‘‘TAIWAN’’; and 
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1 (2) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (B), by inserting 

4 ‘‘or the Government of Taiwan’’ after ‘‘the 

5 Government of Ukraine’’; and 

6 (ii) in subparagraph (C), by inserting 

7 ‘‘or the Government of Taiwan’’ after ‘‘the 

8 Government of Ukraine’’; 

9 (B) in paragraph (5)— 

10 (i) by striking subparagraph (A) and 

11 inserting the following: 

12 ‘‘(A) the replacement of defense articles 

13 from stocks of the Department of Defense pro14 vided to— 

15 ‘‘(i) the Government of Ukraine; 

16 ‘‘(ii) foreign countries that have pro17 vided support to Ukraine at the request of 

18 the United States; 

19 ‘‘(iii) the Government of Taiwan; or 

20 ‘‘(iv) foreign countries that have pro21 vided support to Taiwan at the request of 

22 the United States; or’’; and 

23 (ii) in subparagraph (B), by inserting 

24 ‘‘or the Government of Taiwan’’ before the 

25 period at the end; 
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1 (C) in paragraph (7), by striking ‘‘Sep2 tember 30, 2024’’ and inserting ‘‘September 30, 

3 2028’’; 

4 (D) by redesignating paragraph (7) as 

5 paragraph (8); and 

6 (E) by inserting after paragraph (6) the 

7 following new paragraph (7): 

8 ‘‘(7) NOTIFICATION.—Not later than 7 days 

9 after the exercise of authority under subsection (a) 

10 the Secretary of Defense shall notify the congres11 sional defense committees of the specific authority 

12 exercises, the relevant contract, and the estimated 

13 reductions in schedule.’’. 

14 (b) CLERICAL AMENDMENTS.— 

15 (1) The table of contents at the beginning of 

16 the James M. Inhofe National Defense Authoriza17 tion Act for Fiscal Year 2023 (Public Law 117–263; 

18 136 Stat. 2395) is amended by striking the item re19 lating to section 1244 and inserting the following: 

‘‘Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.’’. 

20 (2) The table of contents at the beginning of 

21 title XII of the James M. Inhofe National Defense 

22 Authorization Act for Fiscal Year 2023 (Public Law 

23 117–263; 136 Stat. 2820) is amended by striking 
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1 the item relating to section 1244 and inserting the 

2 following: 

‘‘Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.’’. 

3 SEC. 1348. PLAN FOR ENHANCED SECURITY COOPERATION 

4 WITH JAPAN. 

5 (a) IN GENERAL.—Not later than June 1, 2024, the 

6 Secretary of Defense, in coordination with the Secretary 

7 of State, shall submit to the appropriate committees of 

8 Congress a plan for enhancing United States security co9 operation with Japan. 

10 (b) ELEMENTS.—The plan required by subsection (a) 

11 shall include the following: 

12 (1) A plan for— 

13 (A) increased bilateral training, exercises, 

14 combined patrols, and other activities between 

15 the United States Armed Forces and the Self16 Defense Forces of Japan; 

17 (B) increasing multilateral military-to-mili18 tary engagements involving the United States 

19 Armed Forces, the Self-Defense Forces of 

20 Japan, and the military forces of other regional 

21 allies and partners, including Australia, India, 

22 the Republic of Korea, and the Philippines, as 

23 appropriate; 
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1 (C) increased sharing of intelligence and 

2 other information, including the adoption of en3 hanced security protocols; 

4 (D) current mechanisms, processes, and 

5 plans to coordinate and engage with the Joint 

6 Headquarters of the Self-Defense Forces of 

7 Japan; and 

8 (E) enhancing cooperation on advanced 

9 technology initiatives, including artificial intel10 ligence, cyber, space, undersea, hypersonic, and 

11 related technologies. 

12 (2) An analysis of the feasibility and advis13 ability of— 

14 (A) increasing combined planning efforts 

15 between the United States and Japan to ad16 dress potential regional contingencies; 

17 (B) modifying United States command 

18 structures in Japan— 

19 (i) to coordinate all United States 

20 military activities and operations in Japan; 

21 (ii) to complement similar changes by 

22 the Self-Defense Forces of Japan; and 

23 (iii) to facilitate integrated planning 

24 and implementation of combined activities; 

25 and 
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1 (C) additional modifications to the force 

2 posture of the United States Armed Forces in 

3 Japan, including the establishment of additional 

4 main operating locations, cooperative security 

5 locations, contingency locations, and other for6 ward operating sites. 

7 (3) An identification of challenges to the imple8 mentation of the plan required by subsection (a) and 

9 any recommended legislative changes, resourcing re10 quirements, bilateral agreements, or other measures 

11 that would facilitate the implementation of such 

12 plan. 

13 (c) FORM.—The plan required by subsection (a) shall 

14 be submitted in unclassified form but may include a classi15 fied annex. 

16 (d) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘‘appropriate commit18 tees of Congress’’ means— 

19 (1) the Committee on Foreign Relations and 

20 the Committee on Armed Services of the Senate; and 

21 (2) the Committee on Foreign Affairs and the 

22 Committee on Armed Services of the House of Rep23 resentatives. 
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1 SEC. 1349. PLAN FOR IMPROVEMENTS TO CERTAIN OPER2 ATING LOCATIONS IN INDO-PACIFIC REGION. 

3 (a) IDENTIFICATION OF OPERATING LOCATIONS.— 

4 (1) IN GENERAL.—The Secretary of Defense 

5 shall conduct a classified survey to identify each 

6 United States operating location within the area of 

7 responsibility of the United States Indo-Pacific Com8 mand, including in the First, Second, and Third Is9 land Chains, that— 

10 (A) may be used to respond militarily to 

11 aggression by the People’s Republic of China; 

12 and 

13 (B) is considered to not be sufficiently ca14 pable of mitigating damage to aircraft of the 

15 United States Armed Forces in the event of a 

16 missile, aerial drone, or other form of attack by 

17 the People’s Republic of China. 

18 (2) REPORT.—Not later than 120 days after 

19 the date of the enactment of this Act, the Secretary 

20 shall submit to the congressional defense committees 

21 a report on the results of the survey under para22 graph (1). 

23 (b) PLAN.—Not later than 60 days after the date on 

24 which the report required by paragraph (2) of subsection 

25 (a) is submitted, the Secretary shall submit to the congres26 sional defense committees a plan— 
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1 (1) to implement improvements, as appropriate, 

2 to operating locations identified under that sub3 section so as to increase the survivability of aircraft 

4 of the United States Armed Forces in the event of 

5 a missile, aerial drone, or other form of attack b3y 

6 the People’s Republic of China; and 

7 (2) that includes an articulation of other means 

8 for increasing survivability of such aircraft in the 

9 event of such an attack, including dispersal and de10 ception. 

11 (c) FORM.—The report and plan required by this sec12 tion shall be submitted in classified form. 

13 SEC. 1350. STRATEGY FOR IMPROVING POSTURE OF 

14 GROUND-BASED THEATER-RANGE MISSILES 

15 IN INDO-PACIFIC REGION. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary of Defense 

18 shall submit to the congressional defense committees a 

19 strategy for improving the posture of ground-based the20 ater-range missile capabilities in the Indo-Pacific region. 

21 (b) ELEMENTS.—The strategy required by subsection 

22 (a) shall include the following: 

23 (1) An assessment of gaps in conventional 

24 ground-based theater-range precision strike capabili-
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1 ties in the area of responsibility of the United States 

2 Indo-Pacific Command. 

3 (2) An identification of military requirements 

4 for conventional ground-based theater-range missile 

5 systems, including range, propulsion, payload, 

6 launch platform, weapon effects, and other oper7 ationally relevant factors in the Indo-Pacific region. 

8 (3) An identification of prospective basing loca9 tions in the area of responsibility of the United 

10 States Indo-Pacific Command, including an articula11 tion of the bilateral agreements necessary to support 

12 such deployments. 

13 (4) A description of operational concepts for 

14 employment, including integration with short-range 

15 and multi-domain fires, in denial operations in the 

16 Western Pacific. 

17 (5) An identification of prospective foreign 

18 partners and institutional mechanisms for co-devel19 opment and co-production of new theater-range con20 ventional missiles. 

21 (6) An assessment of the cost and schedule of 

22 developmental ground-based theater-range missiles 

23 programs, including any potential cost-sharing ar24 rangements with foreign partners through existing 

25 institutional mechanisms. 
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1 (7) The designation of a theater component 

2 commander or joint task force commander within 

3 the United States Indo-Pacific Command responsible 

4 for developing a theater missile strategy. 

5 (8) Any other matter the Secretary considers 

6 relevant. 

7 (c) FORM.—The strategy required by subsection (a) 

8 may be submitted in classified form but shall include an 

9 unclassified summary. 

10 (d) GROUND-BASED THEATER-RANGE MISSILE DE11 FINED.—In this section, the term ‘‘ground-based theater12 range missile’’ means a conventional mobile ground13 launched ballistic or cruise missile system with a range 

14 between 500 and 5,500 kilometers. 

15 SEC. 1351. ENHANCING MAJOR DEFENSE PARTNERSHIP 

16 WITH INDIA. 

17 (a) IN GENERAL.—The Secretary of Defense, in co18 ordination with the Secretary of State and the head of 

19 any other relevant Federal department or agency, shall 

20 seek to ensure that India is appropriately considered for 

21 security cooperation benefits consistent with the status of 

22 India as a major defense partner of the United States, 

23 including with respect to the following lines of effort: 

24 (1) Eligibility for funding to initiate or facili25 tate cooperative research, development, testing, or 
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1 evaluation projects with the Department of Defense, 

2 with priority given to projects in the areas of— 

3 (A) artificial intelligence; 

4 (B) undersea domain awareness; 

5 (C) air combat and support; 

6 (D) munitions; and 

7 (E) mobility. 

8 (2) Eligibility to enter into reciprocal agree9 ments with the Department of Defense for the coop10 erative provision of training on a bilateral or multi11 lateral basis in support of programs for the purpose 

12 of building capacity in the areas of— 

13 (A) counterterrorism operations; 

14 (B) counter-weapons of mass destruction 

15 operations; 

16 (C) counter-illicit drug trafficking oper17 ations; 

18 (D) counter-transnational organized crime 

19 operations; 

20 (E) maritime and border security oper21 ations; 

22 (F) military intelligence operations; 

23 (G) air domain awareness operations; and 

24 (H) cyberspace security and defensive 

25 cyberspace operations. 
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1 (3) Eligibility to enter into a memorandum of 

2 understanding or other formal agreement with the 

3 Department of Defense for the purpose of con4 ducting cooperative research and development 

5 projects on defense equipment and munitions. 

6 (4) Eligibility for companies from India to bid 

7 on contracts for the maintenance, repair, or overhaul 

8 of Department of Defense equipment located outside 

9 the United States. 

10 (b) BRIEFING.—Not later than March 1, 2024, the 

11 Secretary of Defense, in coordination with the Secretary 

12 of State and the head of any other relevant Federal de13 partment or agency, shall provide the congressional de14 fense committees, the Committee on Foreign Relations of 

15 the Senate, and the Committee on Foreign Affairs of the 

16 House of Representatives with a briefing on the status of 

17 security cooperation activities with India, including the 

18 lines of effort specified in subsection (a). 

19 SEC. 1352. MILITARY CYBERSECURITY COOPERATION WITH 

20 TAIWAN. 

21 (a) REQUIREMENT.—Not later than 180 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Defense, acting through the Under Secretary of Defense 

24 for Policy, with the concurrence of the Secretary of State 

25 and in coordination with the Commander of the United 
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1 States Cyber Command and the Commander of the United 

2 States Indo-Pacific Command, shall seek to engage with 

3 appropriate officials of Taiwan for the purpose of expand4 ing cooperation on military cybersecurity activities using 

5 the authorities under chapter 16 of title 10, United States 

6 Code, and other applicable statutory authorities available 

7 to the Secretary of Defense. 

8 (b) COOPERATION EFFORTS.—In expanding the co9 operation of military cybersecurity activities between the 

10 Department of Defense and the military forces of Taiwan 

11 under subsection (a), the Secretary of Defense may carry 

12 out efforts— 

13 (1) to actively defend military networks, infra14 structure, and systems; 

15 (2) to eradicate malicious cyber activity that 

16 has compromised such networks, infrastructure, and 

17 systems; 

18 (3) to leverage United States commercial and 

19 military cybersecurity technology and services to 

20 harden and defend such networks, infrastructure, 

21 and systems; and 

22 (4) to conduct combined cybersecurity training 

23 activities and exercises. 

24 (c) BRIEFINGS.— 
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1 (1) REQUIREMENT.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense, in coordination with the Secretary 

4 of State, shall provide to the appropriate committees 

5 of Congress a briefing on the implementation of this 

6 section. 

7 (2) CONTENTS.—The briefing under paragraph 

8 (1) shall include the following: 

9 (A) A description of the feasibility and ad10 visability of expanding the cooperation on mili11 tary cybersecurity activities between the De12 partment of Defense and the military forces of 

13 Taiwan. 

14 (B) An identification of any challenges and 

15 resources that need to be addressed so as to ex16 pand such cooperation. 

17 (C) An overview of efforts undertaken pur18 suant to this section. 

19 (D) Any other matter the Secretary con20 siders relevant. 

21 (d) APPROPRIATE COMMITTEES OF CONGRESS DE22 FINED.—In this section, the term ‘‘appropriate commit23 tees of Congress’’ means— 

24 (1) the Committee on Armed Services and the 

25 Committee on Foreign Relations of the Senate; and 
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1 (2) the Committee on Armed Services and the 

2 Committee on Foreign Affairs of the House of Rep3 resentatives. 

4 SEC. 1353. DESIGNATION OF SENIOR OFFICIAL FOR DE5 PARTMENT OF DEFENSE ACTIVITIES RELAT6 ING TO, AND IMPLEMENTATION PLAN FOR, 

7 SECURITY PARTNERSHIP AMONG AUSTRALIA, 

8 THE UNITED KINGDOM, AND THE UNITED 

9 STATES. 

10 (a) DESIGNATION OF SENIOR OFFICIAL.—Not later 

11 than 90 days after the date of the enactment of this Act, 

12 the Secretary of Defense shall designate a senior civilian 

13 official of the Department of Defense who shall be respon14 sible for overseeing Department of Defense activities relat15 ing to the security partnership among Australia, the 

16 United Kingdom, and the United States (commonly known 

17 as the ‘‘AUKUS partnership’’). 

18 (b) PLAN.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the date of the enactment of this Act, the Secretary 

21 of Defense, in coordination with the Administrator 

22 for Nuclear Security and the Secretary of State, 

23 shall submit to the appropriate committees of Con24 gress an implementation plan outlining Department 

25 efforts relating to the AUKUS partnership. 
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1 (2) ELEMENTS.—The plan required by para2 graph (1) shall include the following: 

3 (A) Timelines and major anticipated mile4 stones for the implementation of the AUKUS 

5 partnership. 

6 (B) An identification of dependencies of 

7 such milestones on defense requirements that 

8 are— 

9 (i) unrelated to the AUKUS partner10 ship; and 

11 (ii) solely within the decisionmaking 

12 responsibility of Australia or the United 

13 Kingdom. 

14 (C) Recommendations for adjustments to 

15 statutory and regulatory export authorities or 

16 frameworks, including technology transfer and 

17 protection, necessary to efficiently implement 

18 the AUKUS partnership. 

19 (D) A consideration of the implications of 

20 the plan on the industrial base with respect 

21 to— 

22 (i) the expansion of existing United 

23 States submarine construction capacity to 

24 fulfill United States, United Kingdom, and 

25 Australia requirements; 
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1 (ii) acceleration of the restoration of 

2 United States capabilities for producing 

3 highly enriched uranium to fuel submarine 

4 reactors; 

5 (iii) stabilization of commodity mar6 kets and expanding supplies of high-grade 

7 steel, construction materials, and other re8 sources required for improving shipyard 

9 condition and expanding throughput capac10 ity; and 

11 (iv) coordination and synchronization 

12 of industrial sourcing opportunities among 

13 Australia, the United Kingdom, and the 

14 United States. 

15 (E) A description of resourcing and per16 sonnel requirements, including the hiring of ad17 ditional foreign disclosure officers. 

18 (F) A plan for improving information shar19 ing, including— 

20 (i) recommendations for modifications 

21 to foreign disclosure policies and processes; 

22 (ii) the promulgation of written infor23 mation-sharing guidelines or policies to im24 prove information sharing under the 

25 AUKUS partnership; 
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1 (iii) the establishment of an informa2 tion handling caveat specific to the 

3 AUKUS partnership; and 

4 (iv) the reduction in use of the Not 

5 Releasable to Foreign Nations (NOFORN) 

6 information handling caveat. 

7 (G) Processes for the protection of pri8 vately held intellectual property, including pat9 ents. 

10 (H) A plan to leverage, for the AUKUS 

11 partnership, any relevant existing cybersecurity 

12 or technology partnership or cooperation activ13 ity between the United States and the United 

14 Kingdom or between the United States and 

15 Australia. 

16 (I) Recommended updates to other statu17 tory, regulatory, policy, or process frameworks. 

18 (J) Any other matter the Secretary of De19 fense considers appropriate. 

20 (c) SEMIANNUAL UPDATES.—Not later than 60 days 

21 after the date on which the plan required by subsection 

22 (b) is submitted, and semiannually thereafter on April 1 

23 and October 1 each year through 2029, the senior civilian 

24 official designated under subsection (a) shall provide the 

25 congressional defense committees with a briefing on the 
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1 status of all Department activities to implement the 

2 AUKUS partnership. 

3 (d) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate commit5 tees of Congress’’ means— 

6 (1) the Committee on Armed Services, the 

7 Committee on Foreign Relations, and the Committee 

8 on Appropriations of the Senate; and 

9 (2) the Committees on Armed Services, the 

10 Committee on Foreign Affairs, and the Committee 

11 on Appropriations of the House of Representatives. 

12 SEC. 1354. REPORT AND NOTIFICATION RELATING TO 

13 TRANSFER OF OPERATIONAL CONTROL ON 

14 KOREAN PENINSULA. 

15 (a) REPORT.—Not later than 180 days after the date 

16 of the enactment of this Act, the Secretary of Defense, 

17 in coordination with the Secretary of State, shall submit 

18 to the appropriate committees of Congress a report that— 

19 (1) describes the conditions under which the 

20 military forces of the Republic of Korea would be 

21 prepared to assume wartime operational control of 

22 the United States and Republic of Korea Combined 

23 Forces Command; and 

24 (2) includes an assessment of the extent to 

25 which the military forces of the Republic of Korea 
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1 meet such conditions as of the date on which the re2 port is submitted. 

3 (b) NOTIFICATION.— 

4 (1) IN GENERAL.—Not later than 30 days be5 fore the date on which wartime operational control 

6 of the United States and Republic of Korea Com7 bined Forces Command is transferred to the Repub8 lic of Korea, the Secretary of Defense, in coordina9 tion with the Secretary of State, shall notify the ap10 propriate committees of Congress of such transfer. 

11 (2) ELEMENTS.—The notification required by 

12 paragraph (1) shall include the following: 

13 (A) An assessment of the extent to which 

14 the military forces of the Republic of Korea 

15 meet the conditions described in the report sub16 mitted under subsection (a), including with re17 spect to the acquisition by the Republic of 

18 Korea of necessary military capabilities to 

19 counter the capabilities of the Democratic Peo20 ple’s Republic of Korea. 

21 (B) A description of the command relation22 ship among the United Nations Command, the 

23 United States and Republic of Korea Combined 

24 Forces Command, the United States Forces 
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1 Korea, and the military forces of the Republic 

2 of Korea. 

3 (C) An assessment of the extent to which 

4 such transfer impacts the security of the United 

5 States, the Republic of Korea, and other re6 gional allies and partners. 

7 (c) APPROPRIATE COMMITTEES OF CONGRESS DE8 FINED.—In this section, the term ‘‘appropriate commit9 tees of Congress’’ means— 

10 (1) the Committee on Armed Services and the 

11 Committee on Foreign Relations of the Senate; and 

12 (2) the Committee on Armed Services and the 

13 Committee on Foreign Affairs of the House of Rep14 resentatives. 

15 SEC. 1355. REPORT ON RANGE OF CONSEQUENCES OF WAR 

16 WITH THE PEOPLE’S REPUBLIC OF CHINA. 

17 (a) IN GENERAL.—Not later than December 1, 2024, 

18 the Director of the Office of Net Assessment shall submit 

19 to the congressional defense committees a report on the 

20 range of geopolitical and economic consequences of a 

21 United States-People’s Republic of China conflict in 2030. 

22 (b) ELEMENTS.—The report required by subsection 

23 (a) shall— 

24 (1) account for potential— 
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1 (A) attacks within the homelands of the 

2 United States and the People’s Republic of 

3 China, including cyber threats and the potential 

4 disruption of critical infrastructure; 

5 (B) impacts on the United States Armed 

6 Forces and the military forces of United States 

7 allies and partners, including loss of life, capa8 bilities, United States force posture, and United 

9 States alliances in the Indo-Pacific region; 

10 (C) impacts on the military forces of the 

11 People’s Republic of China, including loss of life 

12 and capabilities; 

13 (D) impacts on the civilian populations of 

14 Japan, Taiwan, Australia, and other countries 

15 in the Indo-Pacific region; 

16 (E) disruption of the global economy; and 

17 (F) any other matter the Director of the 

18 Office of Net Assessment considers relevant; 

19 and 

20 (2) include a review of previous attempts in his21 tory to forecast the consequences and costs of war. 

22 (c) FORM.—The report required by subsection (a) 

23 shall be submitted in unclassified form but may include 

24 a classified annex. 
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1 (d) BRIEFING.—Not less than 14 days before the 

2 date on which the report required by subsection (a) is sub3 mitted, the Director of the Office of Net Assessment shall 

4 provide a briefing to the congressional defense committees 

5 on the conclusions of the report. 

6 SEC. 1356. STUDY AND REPORT ON COMMAND STRUCTURE 

7 AND FORCE POSTURE OF UNITED STATES 

8 ARMED FORCES IN INDO-PACIFIC REGION. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—The Secretary of Defense 

11 shall seek to enter into an agreement with a feder12 ally funded research and development center to con13 duct an independent study for the purpose of im14 proving the current command structure and force 

15 posture of the United States Armed Forces in the 

16 area of responsibility of the United States Indo-Pa17 cific Command. 

18 (2) REPORT TO SECRETARY.— 

19 (A) IN GENERAL.—Not later than 180 

20 days after the date of the enactment of this 

21 Act, the federally funded research and develop22 ment center selected to conduct the study re23 quired by paragraph (1) shall submit to the 

24 Secretary a report on the findings of the study. 
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1 (B) ELEMENTS.—The report required by 

2 subparagraph (A) shall include the following: 

3 (i) An assessment of— 

4 (I) the current command struc5 ture of the United States Armed 

6 Forces in the area of responsibility of 

7 the United States Indo-Pacific Com8 mand; 

9 (II) the current force posture, 

10 basing, access, and overflight agree11 ments of the United States Armed 

12 Forces in such area of responsibility; 

13 and 

14 (III) any operational or command 

15 and control challenge resulting from 

16 the geography, current force posture 

17 of the United States Armed Forces, 

18 or current command structure of the 

19 United States Armed Forces in the 

20 area of responsibility of the United 

21 States Indo-Pacific Command. 

22 (ii) Any recommendation for— 

23 (I) adjustments to the force pos24 ture of the United States Armed 

25 Forces in such area of responsibility, 
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1 including an identification of any ad2 ditional basing, access, and overflight 

3 agreement that may be necessary in 

4 response to the changing security en5 vironment in such area of responsi6 bility; 

7 (II) modifying the current orga8 nizational and command structure of 

9 the United States Indo-Pacific Com10 mand, including United States Forces 

11 Japan and United States Forces 

12 Korea, in response to such changing 

13 security environment; or 

14 (III) improving the ability to bet15 ter coordinate with allies and partners 

16 during peacetime and conflict. 

17 (b) REPORT TO CONGRESS.— 

18 (1) IN GENERAL.—Not later than February 1, 

19 2025, the Secretary shall submit to the congres20 sional defense committees an unaltered copy of the 

21 report submitted to the Secretary under subsection 

22 (a)(2), together with the views of the Secretary on 

23 the findings set forth in such report and any cor24 responding recommendation. 
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1 (2) FORM.—The report required by paragraph 

2 (1) shall be submitted in unclassified form but may 

3 contain a classified annex. 

4 (3) PUBLIC AVAILABILITY.—The Secretary 

5 shall make available to the public the unclassified 

6 form of the report required by paragraph (1). 

7 SEC. 1357. STUDIES ON DEFENSE BUDGET TRANSPARENCY 

8 OF THE PEOPLE’S REPUBLIC OF CHINA AND 

9 THE UNITED STATES. 

10 (a) STUDIES REQUIRED.— 

11 (1) DEFENSE INTELLIGENCE AGENCY STUDY.— 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Secretary of Defense, acting 

14 through the Director of the Defense Intelligence 

15 Agency, shall— 

16 (A) complete a study on the defense budg17 et of the People’s Republic of China; 

18 (B) submit to the Committees on Armed 

19 Services of the Senate and the House of Rep20 resentatives a report on the results of the 

21 study; and 

22 (C) make the results of the study available 

23 to the public on the internet website of the De24 partment of Defense. 
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1 (2) SECRETARY OF DEFENSE STUDY.—Not 

2 later than 90 days after the date on which the study 

3 required by paragraph (1) is submitted, the Sec4 retary of Defense shall— 

5 (A) complete a comparative study on the 

6 defense budgets of the People’s Republic of 

7 China and the United States; 

8 (B) submit to the Committees on Armed 

9 Services of the Senate and the House of Rep10 resentatives a report on the results of the 

11 study; and 

12 (C) make the results of the study available 

13 to the public on the internet website of the De14 partment of Defense. 

15 (3) METHODOLOGY.—The studies required by 

16 paragraphs (1) and (2) shall each employ a robust 

17 methodology that— 

18 (A) does not depend on the official pro19 nouncements of the Government of the People’s 

20 Republic of China or the Chinese Communist 

21 Party; 

22 (B) takes into account the military-civil fu23 sion present in the People’s Republic of China; 

24 and 
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1 (C) employs the building-block method of 

2 analysis or a similar method of analysis, as ap3 propriate. 

4 (4) OBJECTIVE.—The objective of the studies 

5 required by paragraphs (1) and (2) shall be to pro6 vide the people of the United States with an accu7 rate comparison of the defense spending of the Peo8 ple’s Republic of China and the United States. 

9 (b) ELEMENTS.—At a minimum, the studies required 

10 by this section shall do the following: 

11 (1) Determine the amounts invested by each 

12 subject country across functional categories for 

13 spending, including— 

14 (A) defense-related research and develop15 ment; 

16 (B) weapons procurement from domestic 

17 and foreign sources; 

18 (C) operations and maintenance; 

19 (D) pay and benefits; 

20 (E) military pensions; and 

21 (F) any other category the Secretary con22 siders relevant. 

23 (2) Consider the effects of purchasing power 

24 parity and market exchange rates, particularly on 

25 nontraded goods. 
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1 (3) Estimate the magnitude of omitted spend2 ing from official defense budget information and ac3 count for such spending in the comparison. 

4 (4) Exclude spending related to veterans’ bene5 fits, other than military pensions provided to vet6 erans. 

7 (c) CONSIDERATIONS.—The studies required by this 

8 section may take into consideration the following: 

9 (1) The effects of state-owned enterprises on 

10 the defense expenditures of the People’s Republic of 

11 China. 

12 (2) The role of differing acquisition policies and 

13 structures with respect to the defense expenditures 

14 of each subject country. 

15 (3) Any other matter relevant to evaluating the 

16 resources dedicated to the defense spending or the 

17 various military-related outlays of the People’s Re18 public of China. 

19 (d) FORM.—The studies required by this section shall 

20 be submitted in unclassified form, free of handling restric21 tions, but may include classified annexes. 
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1 SEC. 1358. BRIEFING ON PROVISION OF SECURITY ASSIST2 ANCE BY THE PEOPLE’S REPUBLIC OF CHINA 

3 AND SUMMARY OF DEPARTMENT OF DE4 FENSE MITIGATION ACTIVITIES. 

5 (a) BRIEFING.—Not later than March 1, 2024, the 

6 Secretary of Defense, in coordination with the Secretary 

7 of State, shall provide to the appropriate committees of 

8 Congress a briefing that describes the provision of security 

9 assistance and training by the People’s Republic of China 

10 to foreign military forces for the purpose of achieving the 

11 national objectives of the People’s Republic of China. 

12 (b) SUMMARY OF MITIGATION ACTIVITIES.—As part 

13 of the first report submitted under section 1206(c)(2) of 

14 the National Defense Authorization Act for Fiscal Year 

15 2022 (Public Law 117–81; 135 Stat. 1960; 10 U.S.C. 301 

16 note) after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to the appropriate commit18 tees of Congress a summary of Department of Defense 

19 activities designed to mitigate the provision of security as20 sistance and training referred to in subsection (a), includ21 ing such activities that— 

22 (1) strengthen United States alliances and part23 nerships with foreign military partners; 

24 (2) identify countries or governments to which 

25 the People’s Republic of China provides such secu26 rity assistance or military training; 
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1 (3) dissuade countries and governments from 

2 relying on the People’s Republic of China as a part3 ner for such security assistance and military train4 ing; 

5 (4) identify any manner in which the United 

6 States, or close allies of the United States, may en7 gage with countries and governments to be the pre8 ferred partner for security assistance and military 

9 training; and 

10 (5) improve the ability of the United States 

11 Armed Forces to coordinate and operate with allies 

12 and partners for purposes of mitigating the provi13 sion of security assistance and military training by 

14 the People’s Republic of China. 

15 (c) APPROPRIATE COMMITTEES OF CONGRESS.—In 

16 this section, the term ‘‘appropriate committees of Con17 gress’’ means— 

18 (1) the Committee on Foreign Relations and 

19 the Committee on Armed Services of the Senate; and 

20 (2) the Committee on Foreign Affairs and the 

21 Committee on Armed Services of the House of Rep22 resentatives. 
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1 SEC. 1359. SEMIANNUAL BRIEFINGS ON BILATERAL AGREE2 MENTS SUPPORTING UNITED STATES MILI3 TARY POSTURE IN THE INDO-PACIFIC RE4 GION. 

5 (a) IN GENERAL.—Not later than 30 days after the 

6 date of the enactment of this Act, and every 180 days 

7 thereafter through fiscal year 2027, the Secretary of De8 fense, in coordination with the Secretary of State, shall 

9 provide the appropriate committees of Congress with a 

10 briefing on bilateral agreements supporting the United 

11 States military posture in the Indo-Pacific region. 

12 (b) ELEMENTS.—Each briefing required by sub13 section (a) shall include the following: 

14 (1) An update on notable changes to elements 

15 described in section 1262(b) of the James M. Inhofe 

16 National Defense Authorization Act for Fiscal Year 

17 2023 (Public Law 117–263; 136 Stat. 2857). 

18 (2) An assessment of the impact on United 

19 States military operations if any individual or com20 bination of allies and partners were to deny contin21 ued access, basing, or overflight rights, including 

22 with respect to— 

23 (A) forward presence; 

24 (B) agile basing; 

25 (C) pre-positioned materials; or 

26 (D) fueling and resupply. 
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1 (c) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate commit3 tees of Congress’’ means— 

4 (1) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Committee on 

6 Foreign Relations of the Senate; and 

7 (2) the Committee on Armed Services, the 

8 Committee on Appropriations, and the Committee on 

9 Foreign Affairs of the House of Representatives. 

10 SEC. 1360. SEMIANNUAL BRIEFINGS ON MILITARY OF THE 

11 PEOPLE’S REPUBLIC OF CHINA. 

12 (a) IN GENERAL.—Not later than 60 days after the 

13 date of the enactment of this Act, and not less frequently 

14 than every 180 days thereafter through March 30, 2027, 

15 the Secretary of Defense shall provide to the congressional 

16 defense committees a briefing on— 

17 (1) the military activities of the People’s Re18 public of China with respect to Taiwan and the 

19 South China Sea; 

20 (2) efforts by the Department of Defense to en21 gage with the People’s Liberation Army; and 

22 (3) United States efforts to enable the defense 

23 of Taiwan and bolster maritime security in the 

24 South China Sea. 
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1 (b) ELEMENTS.—Each briefing required by sub2 section (a) shall include the following: 

3 (1) An update on— 

4 (A) military developments of the People’s 

5 Republic of China relating to any possible Tai6 wan or South China Sea contingency, including 

7 upgrades to the weapon systems of the People’s 

8 Republic of China, the procurement of new 

9 weapons by the People’s Republic of China, and 

10 changes to the posture of the People’s Libera11 tion Army; 

12 (B) military equipment acquired by Tai13 wan pursuant to the Presidential drawdown au14 thority under section 506(a) of the Foreign As15 sistance Act of 1961 (22 U.S.C. 2318(a)) or 

16 through the direct commercial sales or foreign 

17 military sales processes; 

18 (C) United States efforts to deter aggres19 sion by the People’s Republic of China in the 

20 Indo-Pacific region, including any campaigning 

21 or exercise activities conducted by the United 

22 States; and 

23 (D) United States efforts to train the mili24 tary forces of Taiwan and allies and partners in 

25 Southeast Asia. 
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1 (2) The most recent information regarding the 

2 readiness of or preparations by the People’s Libera3 tion Army to potentially conduct aggressive military 

4 action against Taiwan. 

5 (3) A description of any military activity carried 

6 out during the preceding quarter by the People’s Re7 public of China in the vicinity of Taiwan. 

8 (4) A description of engagements by Depart9 ment of Defense officials with the People’s Libera10 tion Army, including with respect to maintaining 

11 open lines of communication, establishing crisis 

12 management capabilities, and deconfliction of mili13 tary activities. 

14 (5) Any other matter the Secretary considers 

15 relevant. 

16 SEC. 1361. PROHIBITION ON USE OF FUNDS TO SUPPORT 

17 ENTERTAINMENT PROJECTS WITH TIES TO 

18 THE GOVERNMENT OF THE PEOPLE’S REPUB19 LIC OF CHINA. 

20 None of the funds authorized to be appropriated by 

21 this Act may be used to knowingly provide active and di22 rect support to any film, television, or other entertainment 

23 project if the Secretary of Defense has demonstrable evi24 dence that the project has complied or is likely to comply 

25 with a demand from the Government of the People’s Re-
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1 public of China or the Chinese Communist Party, or an 

2 entity under the direction of the People’s Republic of 

3 China or the Chinese Communist Party, to censor the con4 tent of the project in a material manner to advance the 

5 national interest of the People’s Republic of China. 

6 SEC. 1362. PROHIBITION ON USE OF FUNDS FOR THE 

7 WUHAN INSTITUTE OF VIROLOGY. 

8 None of the funds authorized to be appropriated 

9 under this Act may be made available for the Wuhan Insti10 tute of Virology for any purpose. 

11 SEC. 1363. AUDIT TO IDENTIFY DIVERSION OF DEPART12 MENT OF DEFENSE FUNDING TO CHINA’S RE13 SEARCH LABS. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the Department of De16 fense Office of Inspector General shall conduct a study, 

17 and submit a report to Congress, regarding the amount 

18 of Federal funds awarded by the Department of Defense 

19 (whether directly or indirectly) through grants, contracts, 

20 subgrants, subcontracts, or any other type of agreement 

21 or collaboration, during the 10-year period immediately 

22 preceding such date of enactment, that— 

23 (1) was provided, whether purposely or inad24 vertently, to— 

25 (A) the People’s Republic of China; 
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1 (B) the Communist Party of China; 

2 (C) the Wuhan Institute of Virology or any 

3 other organization administered by the Chinese 

4 Academy of Sciences; 

5 (D) EcoHealth Alliance Inc., including any 

6 subsidiaries and related organizations that are 

7 directly controlled by EcoHealth Alliance, Inc.; 

8 or 

9 (E) any other lab, agency, organization, in10 dividual, or instrumentality that is owned, con11 trolled (directly or indirectly), or overseen (offi12 cially or unofficially) by any of the entities list13 ed in subparagraphs (A) through (D); or 

14 (2) was used to fund research or experiments 

15 that could have reasonably resulted in the enhance16 ment of any coronavirus, influenza, Nipah, Ebola, or 

17 other pathogen of pandemic potential or chimeric 

18 versions of such a virus or pathogen in the People’s 

19 Republic of China or any other foreign country. 

20 (b) IDENTIFICATION OF COUNTRIES AND PATHO21 GENS.—The report required under subsection (a) shall 

22 specify— 

23 (1) the countries in which the research or ex24 periments described in subsection (a)(2) was con25 ducted; and 
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1 (2) the pathogens involved in such research or 

2 experiments. 

3 SEC. 1364. PROHIBITING FEDERAL FUNDING FOR 

4 ECOHEALTH ALLIANCE INC. 

5 None of the funds authorized to be appropriated 

6 under this Act may be made available for any purpose 

7 to— 

8 (1) EcoHealth Alliance, Inc.; 

9 (2) any subsidiary of EcoHealth Alliance Inc; 

10 (3) any organization that is directly controlled 

11 by EcoHealth Alliance Inc; or 

12 (4) any organization or individual that is a sub13 grantee or subcontractor of EcoHealth Alliance Inc. 

14 SEC. 1365. ASSESSMENT RELATING TO CONTINGENCY 

15 OPERATIONAL PLAN OF UNITED STATES 

16 INDO-PACIFIC COMMAND. 

17 (a) IN GENERAL.—The Secretary of Defense shall 

18 conduct an assessment, based on the contingency oper19 ational plan for a major conflict in the area of operations 

20 of the United States Indo-Pacific Command, to identify 

21 and characterize the dependencies of such plan on specific 

22 critical infrastructure facilities, capabilities, and services 

23 for the successful mobilization, deployment, and 

24 sustainment of forces. 
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1 (b) BRIEFINGS.—The Secretary shall provide to the 

2 congressional defense committees— 

3 (1) before the date on which the Secretary com4 mences the assessment required by subsection (a), a 

5 briefing that sets forth the terms of reference and 

6 a plan for such assessment; and 

7 (2) a briefing on the results of such assessment, 

8 not later than the earlier of— 

9 (A) the date on which Secretary completes 

10 such assessment; or 

11 (B) the date that is 180 days after the en12 actment of this Act. 

13 SEC. 1366. ASSESSMENT OF ABSORPTIVE CAPACITY OF 

14 MILITARY FORCES OF TAIWAN. 

15 (a) REPORT.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of the enactment of this Act, the Secretary 

18 of Defense, in consultation with the Secretary of 

19 State, shall submit to the appropriate committees of 

20 Congress a report on the absorptive capacity of the 

21 military forces of Taiwan for military capabilities 

22 provided and approved by the United States for de23 livery to Taiwan in the last 10 years, including the 

24 date of projected or achieved initial and full oper25 ational capabilities. 
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1 (2) BRIEFING REQUIREMENT.—Not later than 

2 30 days after the delivery of the required report, the 

3 Secretary shall provide a briefing on the report to 

4 the appropriate committees of Congress. 

5 (3) FORM.—The required report shall be pro6 vided in classified form with an unclassified cover 

7 letter. 

8 (b) DEFINITIONS.—In this section: 

9 (1) ABSORPTIVE CAPACITY.—The term ‘‘ab10 sorptive capacity’’ means the capacity of the recipi11 ent unit to achieve initial operational capability, in12 cluding to operate, maintain, sustain, deploy, and 

13 employ to operational effect, a defense article or 

14 service for its intended end-use. 

15 (2) APPROPRIATE COMMITTEES OF CON16 GRESS.—The term ‘‘appropriate committees of Con17 gress’’ means— 

18 (A) the Committee on Appropriations, the 

19 Committee on Armed Services, the Committee 

20 on Foreign Relations, and the Select Committee 

21 on Intelligence of the Senate; and 

22 (B) the Committee on Appropriations, the 

23 Committee on Armed Services, the Committee 

24 on Foreign Affairs, and the Permanent Select 
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1 Committee on Intelligence of the House of Rep2 resentatives. 

3 SEC. 1367. ANALYSIS OF RISKS AND IMPLICATIONS OF PO4 TENTIAL SUSTAINED MILITARY BLOCKADE 

5 OF TAIWAN BY THE PEOPLE’S REPUBLIC OF 

6 CHINA. 

7 (a) ANALYSIS REQUIRED.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, the Sec10 retary of Defense and the Chairman of the Joint 

11 Chiefs of Staff, in coordination with the Director of 

12 National Intelligence, shall complete a comprehen13 sive analysis of the risks and implications of a sus14 tained military blockade of Taiwan by the People’s 

15 Republic of China. 

16 (2) ELEMENTS.—The analysis required by 

17 paragraph (1) shall include the following: 

18 (A) An assessment of the means by which 

19 the People’s Republic of China could execute a 

20 sustained military blockade of Taiwan, includ21 ing the most likely courses of action through 

22 which the People’s Republic of China could ac23 complish such a blockade. 

24 (B) An identification of indications and 

25 warnings of a potential sustained military 
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1 blockade of Taiwan by the People’s Republic of 

2 China, and the likely timelines for such indica3 tions and warnings. 

4 (C) An identification of other coercive ac5 tions the People’s Republic of China may poten6 tially take before or independently of such a 

7 blockade, including the seizure of outlying is8 lands of Taiwan. 

9 (D) An assessment of the impact of such 

10 a blockade on the ability of Taiwan to sustain 

11 its military capabilities, economy, and popu12 lation. 

13 (E) An assessment of threats to, and other 

14 potential negative impacts on, the United 

15 States homeland during such a blockade sce16 nario. 

17 (F) An assessment of key military oper18 ational problems presented by such a blockade. 

19 (G) An assessment of the concept-required 

20 military capabilities necessary to address the 

21 problems identified under subparagraph (F). 

22 (H) An assessment of challenges to esca23 lation management. 

24 (I) An assessment of military or non25 military options to counter or retaliate against 
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1 such a blockade or the seizure of outlying is2 lands of Taiwan, including through horizontal 

3 escalation. 

4 (J) An assessment of the extent to which 

5 such a blockade is addressed by the Joint 

6 Warfighting Concept and Joint Concept for 

7 Competing. 

8 (K) An identification of necessary changes 

9 to United States Armed Forces force design, 

10 doctrine, and tactics, techniques, and proce11 dures for responding to or mitigating the im12 pact of such a blockade. 

13 (L) An assessment of the role of United 

14 States partners and allies in addressing the 

15 threats and challenges posed by a such a poten16 tial blockade. 

17 (M) Any other matter the Secretary of De18 fense considers relevant. 

19 (b) INTERAGENCY ENGAGEMENT.—Not later than 

20 270 days after the date of the enactment of this Act, the 

21 Secretary of Defense shall seek to engage with the head 

22 of any other appropriate Federal department or agency— 

23 (1) regarding the threats and challenges posed 

24 by a potential sustained military blockade of Taiwan 

25 by the People’s Republic of China; and 
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1 (2) to better understand potential options for a 

2 response by the United States Government to such 

3 a blockade. 

4 (c) REPORT.—Not later than one year after the date 

5 of the enactment of this Act, the Secretary of Defense 

6 shall submit to the appropriate committees of Congress 

7 a classified report— 

8 (1) on the assessment required by paragraph 

9 (1) of subsection (a), including all elements de10 scribed in paragraph (2) of that subsection; and 

11 (2) the interagency engagements conducted 

12 under subsection (b). 

13 (d) APPROPRIATE COMMITTEES OF CONGRESS DE14 FINED.—In this section, the term ‘‘appropriate commit15 tees of Congress’’ means— 

16 (1) the Committee on Armed Services, the 

17 Committee on Foreign Relations, the Select Com18 mittee on Intelligence, and the Committee on Appro19 priations of the Senate; and 

20 (2) the Committee on Armed Services, the 

21 Committee on Foreign Affairs, the Permanent Select 

22 Committee on Intelligence, and the Committee on 

23 Appropriations of the House of Representatives. 
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1 SEC. 1368. SENSE OF THE SENATE ON DEFENSE ALLIANCES 

2 AND PARTNERSHIPS IN THE INDO-PACIFIC 

3 REGION. 

4 (a) FINDINGS.—The Senate makes the following 

5 findings: 

6 (1) The 2022 National Defense Strategy states, 

7 ‘‘[m]utually-beneficial Alliances and partnerships are 

8 our greatest global strategic advantage.’’. 

9 (2) The United States Indo-Pacific Strategy 

10 states, ‘‘we will prioritize our single greatest asym11 metric strength: our network of security alliances 

12 and partnerships. Across the region, the United 

13 States will work with allies and partners to deepen 

14 our interoperability and develop and deploy advanced 

15 warfighting capabilities as we support them in de16 fending their citizens and their sovereign interests.’’. 

17 (3) Secretary of Defense Lloyd Austin testified 

18 on March 28, 2023, that ‘‘our allies and partners 

19 are a huge force multiplier. They magnify our 

20 power, advance our shared security interests, and 

21 help uphold a world that is free, open, prosperous, 

22 and secure.’’. 

23 (4) Chairman of the Joint Chiefs of Staff Gen24 eral Milley testified on March 28, 2023, that ‘‘our 

25 alliances and partnerships are key to maintaining 

26 the rules-based international order and a stable and 
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1 open international system promoting peace and pros2 perity. . .We are stronger when we operate closely 

3 with our allies and partners.’’. 

4 (5) Commander of the United States Indo-Pa5 cific Command Admiral Aquilino testified on April 

6 20, 2023, that ‘‘a robust network of allies and part7 ners, built on the strength of our shared interests, 

8 is our greatest advantage. United States Indo-Pa9 cific Command is strengthening all layers of our se10 curity network: allies, multilateral arrangements, 

11 partners, friends, and the Five Eyes nations. We 

12 execute security cooperation activities, training, and 

13 exercises to strengthen those relationships, build 

14 partner capacity, and enhance interoperability.’’. 

15 (b) SENSE OF THE SENATE.—It is the sense of the 

16 Senate that the Secretary of Defense should continue ef17 forts that strengthen United States defense alliances and 

18 partnerships in the Indo-Pacific region so as to further 

19 the comparative advantage of the United States in stra20 tegic competition with the People’s Republic of China, in21 cluding by— 

22 (1) enhancing cooperation with Japan, con23 sistent with the Treaty of Mutual Cooperation and 

24 Security Between the United States of America and 

25 Japan, signed at Washington, January 19, 1960, in-
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1 cluding by developing advanced military capabilities, 

2 fostering interoperability across all domains, and im3 proving sharing of information and intelligence; 

4 (2) reinforcing the United States alliance with 

5 the Republic of Korea, including by maintaining the 

6 presence of approximately 28,500 members of the 

7 United States Armed Forces deployed to the country 

8 and affirming the United States commitment to ex9 tended deterrence using the full range of United 

10 States defense capabilities, consistent with the Mu11 tual Defense Treaty Between the United States and 

12 the Republic of Korea, signed at Washington, Octo13 ber 1, 1953, in support of the shared objective of a 

14 peaceful and stable Korean Peninsula; 

15 (3) fostering bilateral and multilateral coopera16 tion with Australia, consistent with the Security 

17 Treaty Between Australia, New Zealand, and the 

18 United States of America, signed at San Francisco, 

19 September 1, 1951, and through the partnership 

20 among Australia, the United Kingdom, and the 

21 United States (commonly known as ‘‘AUKUS’’)— 

22 (A) to advance shared security objectives; 

23 (B) to accelerate the fielding of advanced 

24 military capabilities; and 
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1 (C) to build the capacity of emerging part2 ners; 

3 (4) advancing United States alliances with the 

4 Philippines and Thailand and United States partner5 ships with other partners in the Association of 

6 Southeast Asian Nations to enhance maritime do7 main awareness, promote sovereignty and territorial 

8 integrity, leverage technology and promote innova9 tion, and support an open, inclusive, and rules-based 

10 regional architecture; 

11 (5) broadening United States engagement with 

12 India, including through the Quadrilateral Security 

13 Dialogue— 

14 (A) to advance the shared objective of a 

15 free and open Indo-Pacific region through bilat16 eral and multilateral engagements and partici17 pation in military exercises, expanded defense 

18 trade, and collaboration on humanitarian aid 

19 and disaster response; and 

20 (B) to enable greater cooperation on mari21 time security; 

22 (6) strengthening the United States partnership 

23 with Taiwan, consistent with the Three Commu24 niques, the Taiwan Relations Act (Public Law 96– 

25 8; 22 U.S.C. 3301 et seq.), and the Six Assurances, 
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1 with the goal of improving Taiwan’s defensive capa2 bilities and promoting peaceful cross-strait relations; 

3 (7) reinforcing the status of the Republic of 

4 Singapore as a Major Security Cooperation Partner 

5 of the United States and continuing to strengthen 

6 defense and security cooperation between the mili7 tary forces of the Republic of Singapore and the 

8 Armed Forces of the United States, including 

9 through participation in combined exercises and 

10 training; 

11 (8) engaging with the Federated States of Mi12 cronesia, the Republic of the Marshall Islands, the 

13 Republic of Palau, and other Pacific Island countries 

14 with the goal of strengthening regional security and 

15 addressing issues of mutual concern, including pro16 tecting fisheries from illegal, unreported, and un17 regulated fishing; 

18 (9) collaborating with Canada, the United 

19 Kingdom, France, and other members of the Euro20 pean Union and the North Atlantic Treaty Organi21 zation to build connectivity and advance a shared vi22 sion for the region that is principled, long-term, and 

23 anchored in democratic resilience; and 

24 (10) investing in enhanced military posture and 

25 capabilities in the area of responsibility of the 
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1 United States Indo-Pacific Command and strength2 ening cooperation in bilateral relationships, multilat3 eral partnerships, and other international fora to up4 hold global security and shared principles, with the 

5 goal of ensuring the maintenance of a free and open 

6 Indo-Pacific region. 

7 SEC. 1369. ASSESSMENT OF GIFTS AND GRANTS TO UNITED 

8 STATES INSTITUTIONS OF HIGHER EDU9 CATION FROM ENTITIES ON THE NON-SDN 

10 CHINESE MILITARY-INDUSTRIAL COMPLEX 

11 COMPANIES LIST. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary of the 

14 Treasury shall submit to the appropriate congressional 

15 committees an assessment of gifts and grants to United 

16 States institutions of higher education from entities on the 

17 Non-SDN Chinese Military-Industrial Complex Compa18 nies List maintained by the Office of Foreign Assets Con19 trol. 

20 (b) ELEMENTS.—The Secretary, in consultation with 

21 the Secretary of Education, shall include in the assess22 ment required by subsection (a) an estimate of— 

23 (1) a list and description of each of the gifts 

24 and grants provided to United States institutions of 
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1 higher education by entities described in subsection 

2 (a); and 

3 (2) the monetary value of each of those gifts 

4 and grants. 

5 (c) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means the Committee on Banking, Hous9 ing, and Urban Affairs of the Senate and the Com10 mittee on Financial Services of the House of Rep11 resentatives. 

12 (2) GIFTS AND GRANTS.—The term ‘‘gifts and 

13 grants’’ includes financial contributions, material do14 nations, provision of services, scholarships, fellow15 ships, research funding, infrastructure investment, 

16 contracts, or any other form of support that provides 

17 a benefit to the recipient institution. 

18 SEC. 1370. EXTENSION OF EXPORT PROHIBITION ON MUNI19 TIONS ITEMS TO THE HONG KONG POLICE 

20 FORCE. 

21 Section 3 of the Act entitled ‘‘An Act to prohibit the 

22 commercial export of covered munitions items to the Hong 

23 Kong Police Force’’, approved November 27, 2019 (Public 

24 Law 116–77; 133 Stat. 1173), is amended by striking 

25 ‘‘shall expire on December 31, 2024’’ and inserting ‘‘shall 
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1 expire on the date on which the President certifies to the 

2 appropriate congressional committees that— 

3 ‘‘(1) the Secretary of State has, on or after the 

4 date of the enactment of this paragraph, certified 

5 under section 205 of the United States-Hong Kong 

6 Policy Act of 1992 (22 U.S.C. 5701 et seq.) that 

7 Hong Kong warrants treatment under United States 

8 law in the same manner as United States laws were 

9 applied to Hong Kong before July 1, 1997; 

10 ‘‘(2) the Hong Kong Police have not engaged in 

11 gross violations of human rights during the 1-year 

12 period ending on the date of such certification; and 

13 ‘‘(3) there has been an independent examina14 tion of human rights concerns related to the crowd 

15 control tactics of the Hong Kong Police and the 

16 Government of the Hong Kong Special Administra17 tive Region has adequately addressed those con18 cerns.’’. 

19 Subtitle E—Securing Maritime 

20 Data From China 

21 SEC. 1371. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Securing Maritime 

23 Data from China Act of 2023’’. 
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1 SEC. 1372. LOGINK DEFINED. 

2 In this subtitle, the term ‘‘LOGINK’’ means the pub3 lic, open, shared logistics information network known as 

4 the National Public Information Platform for Transpor5 tation and Logistics by the Ministry of Transport of the 

6 People’s Republic of China. 

7 SEC. 1373. COUNTERING THE SPREAD OF LOGINK. 

8 (a) CONTRACTING PROHIBITION.—The Department 

9 of Defense may not enter into or renew any contract with 

10 any entity that uses— 

11 (1) LOGINK; 

12 (2) any logistics platform controlled by, affili13 ated with, or subject to the jurisdiction of the Chi14 nese Communist Party or the Government of the 

15 People’s Republic of China; or 

16 (3) any logistics platform that shares data with 

17 a system described in paragraph (1) or (2). 

18 (b) APPLICABILITY.—Subsection (a) applies with re19 spect to any contract entered into or renewed on or after 

20 the date that is 2 years after the date of the enactment 

21 of this Act. 
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1 Subtitle F—Reports 

2 SEC. 1381. REPORT ON DEPARTMENT OF DEFENSE ROLES 

3 AND RESPONSIBILITIES IN SUPPORT OF NA4 TIONAL STRATEGY FOR THE ARCTIC REGION. 

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of Defense shall submit 

7 to the congressional defense committees a report on De8 partment of Defense roles and responsibilities in support 

9 of the National Strategy for the Arctic Region that in10 cludes— 

11 (1) an identification of the Department’s lines 

12 of effort to support the implementation of the Na13 tional Strategy for the Arctic Region, including the 

14 implementation plan for each applicable military de15 partment; 

16 (2) a plan for the execution of, and a projected 

17 timeline and the resource requirements for, each 

18 such line of effort; and 

19 (3) any other matter the Secretary considers 

20 relevant. 

21 Subtitle G—Other Matters 

22 SEC. 1391. MILITARY INTELLIGENCE COLLECTION AND 

23 ANALYSIS PARTNERSHIPS. 

24 (a) USE OF FUNDS OTHER THAN APPROPRIATED

25 FUNDS.— 
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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the Director of the Defense Intelligence Agency, in 

3 coordination with the Secretary of State and the Di4 rector of National Intelligence, may accept and ex5 pend foreign partner funds in order for the foreign 

6 partner or partners to share with the Defense Intel7 ligence Agency the expenses of joint and combined 

8 military intelligence collection and analysis activities. 

9 (2) LIMITATIONS.— 

10 (A) PREVIOUSLY DENIED FUNDS.—Funds 

11 accepted under this section may not be ex12 pended, in whole or in part, by or for the ben13 efit of the Defense Intelligence Agency for any 

14 purpose for which Congress has previously de15 nied funds. 

16 (B) JOINT BENEFIT.—The authority pro17 vided by paragraph (1) may not be used to ac18 quire items or services for the sole benefit of 

19 the United States. 

20 (b) ANNUAL REPORT.—Not later than March 1, 

21 2025, and annually thereafter for four years, the Director 

22 of the Defense Intelligence Agency shall submit to the ap23 propriate committees of Congress a report on any funds 

24 accepted or expended under this section during the pre25 ceding calendar year, including an identification of the for-
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1 eign partner or partners involved and a description of the 

2 purpose of such funds. 

3 (c) TERMINATION.—The authority to accept and ex4 pend foreign partner funds pursuant to this section shall 

5 terminate on December 31, 2028. 

6 (d) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate commit8 tees of Congress’’ means— 

9 (1) the Committee on Armed Services, the 

10 Committee on Appropriations, and the Select Com11 mittee on Intelligence of the Senate; and 

12 (2) the Committee on Armed Services, the 

13 Committee on Appropriations, and the Permanent 

14 Select Committee on Intelligence of the House of 

15 Representatives. 

16 SEC. 1392. COLLABORATION WITH PARTNER COUNTRIES TO 

17 DEVELOP AND MAINTAIN MILITARY-WIDE 

18 TRANSFORMATIONAL STRATEGIES FOR 

19 OPERATIONAL ENERGY. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—Not later than January 1, 

22 2025, the Secretary of Defense shall establish a 

23 partnership program using existing authorities to 

24 collaborate with the military forces of partner coun25 tries in developing and maintaining military-wide 
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1 transformational strategies for operational energy 

2 (in this section referred to as the ‘‘Program’’). 

3 (2) ORGANIZATION.—The Assistant Secretary 

4 of Defense for Energy, Installations, and Environ5 ment, in coordination with the Under Secretary of 

6 Defense for Policy and in consultation with the Sec7 retaries of the military departments, the com8 manders of the combatant commands, and any other 

9 individual the Secretary of Defense considers appro10 priate, shall be responsible for, and shall oversee, the 

11 Program. 

12 (b) OBJECTIVE.—The objective of the Program is to 

13 promote the readiness of the United States Armed Forces 

14 and the military forces of partner countries for missions 

15 in contested logistics environments by focusing on demand 

16 reduction and employing more diverse and renewable oper17 ational energy sources so as to enhance energy security, 

18 energy resilience, and energy conservation, reduce 

19 logistical vulnerabilities, and ensure that supply lines are 

20 resilient to extreme weather, disruptions to energy sup21 plies, and direct or indirect cyber attacks. 

22 (c) ACTIVITIES.— 

23 (1) IN GENERAL.—Under the Program, the 

24 United States Armed Forces and the military forces 
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1 of each participating partner country shall, in co2 ordination— 

3 (A) establish policies to improve 

4 warfighting capability through energy security 

5 and energy resilience; 

6 (B) integrate efforts to mitigate mutual 

7 contested logistics challenges through the reduc8 tion of operational energy demand; 

9 (C) identify and mitigate operational en10 ergy challenges presented by any contested lo11 gistics environment, including through devel12 oping innovative delivery systems, distributed 

13 storage, flexible contracting, and improved au14 tomation; 

15 (D) assess and integrate, to the extent 

16 practicable, any technology, including electric, 

17 hydrogen, nuclear, biofuels, and any other sus18 tainable fuel technology or renewable energy 

19 technology, that may reduce operational energy 

20 demand in the near term or long term; 

21 (E) assess and consider any infrastructure 

22 investment of allied and partner countries that 

23 may affect operational energy availability in the 

24 event of a conflict with a near-peer adversary; 

25 and 
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1 (F) assess and integrate, to the extent 

2 practicable— 

3 (i) any technology that increases sus4 tainability; and 

5 (ii) any practice, technology, or strat6 egy that reduces negative impacts on 

7 human health. 

8 (2) COUNTRY CONSIDERATIONS.—In carrying 

9 out any activity under paragraph (1), to the extent 

10 practicable, the relevant existing and past military 

11 conflicts and cultural practices of, and beliefs preva12 lent in, the participating country shall be taken into 

13 account. 

14 (d) STRATEGY.— 

15 (1) IN GENERAL.—Not later than September 

16 30, 2024, the Secretary of Defense shall submit to 

17 the Committees on Armed Services of the Senate 

18 and the House of Representatives a strategy for the 

19 implementation of the Program. 

20 (2) ELEMENTS.—The strategy required by 

21 paragraph (1) shall include the following: 

22 (A) A governance structure for the Pro23 gram, including— 

24 (i) the officials tasked to oversee the 

25 Program; 
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1 (ii) the format of the governing body 

2 of the Program; 

3 (iii) the functions and duties of such 

4 governing body with respect to establishing 

5 and maintaining the Program; and 

6 (iv) mechanisms for coordinating with 

7 partner countries selected to participate in 

8 the Program. 

9 (B) With respect to the selection of part10 ner countries initially selected to participate in 

11 the Program— 

12 (i) an identification of each such 

13 country; 

14 (ii) the rationale for selecting each 

15 such country, including a description of— 

16 (I) the benefits to the military 

17 forces of the partner country; and 

18 (II) the benefits to the United 

19 States Armed Forces of participation 

20 by such country; 

21 (iii) a description of any limitation on 

22 the participation of a selected partner 

23 country; and 

24 (iv) any other information the Sec25 retary considers appropriate. 
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1 (C) A list of additional authorities, appro2 priations, or other congressional support nec3 essary to ensure the success of the Program. 

4 (D) A campaign of objectives for the first 

5 three fiscal years of the Program, including— 

6 (i) a description of, and a rationale 

7 for selecting, such objectives; 

8 (ii) an identification of milestones to9 ward achieving such objectives; and 

10 (iii) metrics for evaluating success in 

11 achieving such objectives. 

12 (E) A description of opportunities and po13 tential timelines for future Program expansion, 

14 as appropriate. 

15 (F) Any other information the Secretary 

16 considers appropriate. 

17 (3) FORM.—The strategy required by para18 graph (1) shall be submitted in unclassified form but 

19 may include a classified annex. 

20 (e) REPORT.— 

21 (1) IN GENERAL.—Not later than September 

22 20, 2025, and annually thereafter, the Secretary of 

23 Defense shall submit to the congressional defense 

24 committees a report on the Program. 
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1 (2) ELEMENTS.—Each report required by para2 graph (1) shall include the following: 

3 (A) A narrative summary of activities con4 ducted as part of the Program during the pre5 ceding fiscal year. 

6 (B) Except in the case of the initial report, 

7 an assessment of progress toward the objectives 

8 established for the preceding fiscal year de9 scribed in the preceding report under this sub10 section using the metrics established in such re11 port. 

12 (C) A campaign of objectives for the three 

13 fiscal years following the date of submission of 

14 the report, including— 

15 (i) a description of, and a rationale 

16 for selecting, such objectives; 

17 (ii) an identification of milestones to18 ward achieving such objectives; and 

19 (iii) metrics for evaluating success in 

20 achieving such objectives. 

21 (D) A description of opportunities and po22 tential timelines for future Program expansion, 

23 as appropriate. 

24 (E) Any other information the Secretary 

25 considers appropriate. 
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1 (3) FORM.— Each report required by para2 graph (1) shall be submitted in unclassified form but 

3 may include a classified annex. 

4 (f) TERMINATION.—The Program shall terminate on 

5 December 31, 2029. 

6 (g) CONTESTED LOGISTICS ENVIRONMENT DE7 FINED.—In this section, the term ‘‘contested logistics en8 vironment’’ means an environment in which the United 

9 States Armed Forces or the military forces of a partner 

10 country engage in conflict with an adversary that presents 

11 challenges in all domains and directly targets logistics op12 erations, facilities, and activities in the United States, 

13 abroad, or in transit from one location to the other. 

14 SEC. 1393. MODIFICATION OF SUPPORT OF SPECIAL OPER15 ATIONS FOR IRREGULAR WARFARE. 

16 (a) IN GENERAL.—Chapter 3 of title 10, United 

17 States Code, is amended by inserting after section 127c 

18 the following: 

19 ‘‘§ 127d. Support of special operations for irregular 

20 warfare 

21 ‘‘(a) AUTHORITY.—The Secretary of Defense may, 

22 with the concurrence of the relevant Chief of Mission, ex23 pend up to $20,000,000 during any fiscal year to provide 

24 support to foreign forces, irregular forces, groups, or indi25 viduals engaged in supporting or facilitating ongoing and 
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1 authorized irregular warfare operations by United States 

2 Special Operations Forces. 

3 ‘‘(b) FUNDS.—Funds for support under this section 

4 in a fiscal year shall be derived from amounts authorized 

5 to be appropriated for that fiscal year for the Department 

6 of Defense for operation and maintenance. 

7 ‘‘(c) PROCEDURES.— 

8 ‘‘(1) IN GENERAL.—The authority in this sec9 tion shall be exercised in accordance with such pro10 cedures as the Secretary shall establish for purposes 

11 of this section. 

12 ‘‘(2) ELEMENTS.—The procedures required 

13 under paragraph (1) shall establish, at a minimum, 

14 the following: 

15 ‘‘(A) Policy guidance for the execution of, 

16 and constraints within, activities under the au17 thority in this section. 

18 ‘‘(B) The processes through which activi19 ties under the authority in this section are to 

20 be developed, validated, and coordinated, as ap21 propriate, with relevant entities of the United 

22 States Government. 

23 ‘‘(C) The processes through which legal re24 views and determinations are made to comply 

25 with the authority in this section and ensure 
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1 that the exercise of such authority is consistent 

2 with the national security of the United States. 

3 ‘‘(D) The processes to ensure, to the ex4 tent practicable, that before a decision to pro5 vide support is made, the recipients of support 

6 do not pose a counterintelligence or force pro7 tection threat and have not engaged in gross 

8 violations of human rights. 

9 ‘‘(E) The processes by which the Depart10 ment shall keep the congressional defense com11 mittees fully and currently informed of— 

12 ‘‘(i) the requirements for the use of 

13 the authority in this section; and 

14 ‘‘(ii) activities conducted under such 

15 authority. 

16 ‘‘(3) NOTICE TO CONGRESS ON PROCEDURES

17 AND MATERIAL MODIFICATIONS.—The Secretary 

18 shall notify the congressional defense committees of 

19 the procedures established pursuant to this section 

20 before any exercise of the authority in this section, 

21 and shall notify such committee of any material 

22 modification of the procedures. 

23 ‘‘(d) CONSTRUCTION OF AUTHORITY.—Nothing in 

24 this section shall be construed to constitute a specific stat25 utory authorization for any of the following: 
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1 ‘‘(1) The conduct of a covert action, as such 

2 term is defined in section 503(e) of the National Se3 curity Act of 1947 (50 U.S.C. 3093(e)). 

4 ‘‘(2) The introduction of United States Armed 

5 Forces (including as such term is defined in section 

6 8(c) of the War Powers Resolution ( 50 U.S.C. 

7 1547(c))) into hostilities or into situations wherein 

8 hostilities are clearly indicated by the circumstances. 

9 ‘‘(3) The provision of support to regular forces, 

10 irregular forces, groups, or individuals for the con11 duct of operations that United States Special Oper12 ations Forces are not otherwise legally authorized to 

13 conduct themselves. 

14 ‘‘(4) The conduct or support of activities, di15 rectly or indirectly, that are inconsistent with the 

16 laws of armed conflict. 

17 ‘‘(e) LIMITATION ON DELEGATION.—The authority 

18 of the Secretary to make funds available under this section 

19 for support of a military operation may not be delegated. 

20 ‘‘(f) PROGRAMMATIC AND POLICY OVERSIGHT.—The 

21 Assistant Secretary of Defense for Special Operations and 

22 Low-Intensity Conflict shall have primary programmatic 

23 and policy oversight within the Office of the Secretary of 

24 Defense of support to irregular warfare activities author25 ized by this section. 
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1 ‘‘(g) NOTIFICATION.— 

2 ‘‘(1) IN GENERAL.—Not later than 15 days be3 fore exercising the authority in this section to make 

4 funds available to initiate support of an ongoing and 

5 authorized operation or changing the scope or fund6 ing level of any support under this section for such 

7 an operation by $500,000 or an amount equal to 10 

8 percent of such funding level (whichever is less), the 

9 Secretary shall notify the congressional defense com10 mittees of the use of such authority with respect to 

11 such operation. Any such notification shall be in 

12 writing. 

13 ‘‘(2) ELEMENTS.—A notification required by 

14 this subsection shall include the following: 

15 ‘‘(A) The type of support to be provided to 

16 United States Special Operations Forces, and a 

17 description of the ongoing and authorized oper18 ation to be supported. 

19 ‘‘(B) A description of the foreign forces, ir20 regular forces, groups, or individuals engaged in 

21 supporting or facilitating the ongoing and au22 thorized operation that is to be the recipient of 

23 funds. 

24 ‘‘(C) The type of support to be provided to 

25 the recipient of the funds, and a description of 
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1 the end-use monitoring to be used in connection 

2 with the use of the funds. 

3 ‘‘(D) The amount obligated under the au4 thority to provide support. 

5 ‘‘(E) The duration for which the support is 

6 expected to be provided, and an identification of 

7 the timeframe in which the provision of support 

8 will be reviewed by the commander of the appli9 cable combatant command for a determination 

10 with respect to the necessity of continuing such 

11 support. 

12 ‘‘(F) The determination of the Secretary 

13 that the provision of support does not con14 stitute any of the following: 

15 ‘‘(i) An introduction of United States 

16 Armed Forces (including as such term is 

17 defined in section 8(c) of the War Powers 

18 Resolution (50 U.S.C. 1547(c))) into hos19 tilities, or into situations where hostilities 

20 are clearly indicated by the circumstances, 

21 without specific statutory authorization 

22 within the meaning of section 5(b) of such 

23 Resolution (50 U.S.C. 1544(b)). 
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1 ‘‘(ii) A covert action, as such term is 

2 defined in section 503(e) of the National 

3 Security Act of 1947 (50 U.S.C. 3093(e)). 

4 ‘‘(iii) An authorization for the provi5 sion of support to regular forces, irregular 

6 forces, groups, or individuals for the con7 duct of operations that United States Spe8 cial Operations Forces are not otherwise 

9 legally authorized to conduct themselves. 

10 ‘‘(iv) The conduct or support of activi11 ties, directly or indirectly, that are incon12 sistent with the laws of armed conflict. 

13 ‘‘(h) NOTIFICATION OF SUSPENSION OR TERMI14 NATION OF SUPPORT.— 

15 ‘‘(1) IN GENERAL.—Not later than 48 hours 

16 after suspending or terminating support to any for17 eign force, irregular force, group, or individual pro18 vided pursuant to the authority in this section, the 

19 Secretary shall submit to the congressional defense 

20 committees a written notice of such suspension or 

21 termination. 

22 ‘‘(2) ELEMENTS.—The written notice required 

23 by paragraph (1) shall include each of the following: 

24 ‘‘(A) A description of the reasons for the 

25 suspension or termination of such support. 
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1 ‘‘(B) A description of any effect on re2 gional, theater, or global campaign plan objec3 tives anticipated to result from such suspension 

4 or termination. 

5 ‘‘(C) A plan for such suspension or termi6 nation, and, in the case of support that is 

7 planned to be transitioned to any other pro8 gram of the Department of Defense or to a pro9 gram of any other Federal department or agen10 cy, a detailed description of the transition plan, 

11 including the resources, equipment, capabilities, 

12 and personnel associated with such plan. 

13 ‘‘(i) BIANNUAL REPORTS.— 

14 ‘‘(1) REPORT ON PRECEDING FISCAL YEAR.— 

15 Not later than 120 days after the close of each fiscal 

16 year in which subsection (a) is in effect, the Sec17 retary shall submit to the congressional defense com18 mittees a report on the support provided under this 

19 section during the preceding fiscal year. 

20 ‘‘(2) REPORT ON CURRENT CALENDAR YEAR.— 

21 Not later than 180 days after the submittal of each 

22 report required by paragraph (1), the Secretary shall 

23 submit to the congressional defense committees a re24 port on the support provided under this section dur-
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1 ing the first half of the fiscal year in which the re2 port under this paragraph is submitted. 

3 ‘‘(3) ELEMENTS.—Each report required by this 

4 subsection shall include the following: 

5 ‘‘(A) A summary of the ongoing irregular 

6 warfare operations, and associated authorized 

7 campaign plans, being conducted by United 

8 States Special Operations Forces that were sup9 ported or facilitated by foreign forces, irregular 

10 forces, groups, or individuals for which support 

11 was provided under this section during the pe12 riod covered by such report. 

13 ‘‘(B) A description of the support or facili14 tation provided by such foreign forces, irregular 

15 forces, groups, or individuals to United States 

16 Special Operations Forces during such period. 

17 ‘‘(C) The type of recipients that were pro18 vided support under this section during such 

19 period, identified by authorized category (for20 eign forces, irregular forces, groups, or individ21 uals). 

22 ‘‘(D) A detailed description of the support 

23 provided to the recipients under this section 

24 during such period. 
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1 ‘‘(E) The total amount obligated for sup2 port under this section during such period, in3 cluding budget details. 

4 ‘‘(F) The intended duration of support 

5 provided under this section during such period. 

6 ‘‘(G) An assessment of value of the sup7 port provided under this section during such pe8 riod, including a summary of significant activi9 ties undertaken by foreign forces, irregular 

10 forces, groups, or individuals to support irreg11 ular warfare operations by United States Spe12 cial Operations Forces. 

13 ‘‘(H) The total amount obligated for sup14 port under this section in prior fiscal years. 

15 ‘‘(j) QUARTERLY BRIEFINGS.— 

16 ‘‘(1) IN GENERAL.—Not less frequently than 

17 quarterly, the Secretary shall provide to the congres18 sional defense committees a briefing on the use of 

19 the authority provided by this section, and other 

20 matters relating to irregular warfare, with the pri21 mary purposes of— 

22 ‘‘(A) keeping the congressional defense 

23 committees fully and currently informed of ir24 regular warfare requirements and activities, in-
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1 cluding emerging combatant commands require2 ments; and 

3 ‘‘(B) consulting with the congressional de4 fense committees regarding such matters. 

5 ‘‘(2) ELEMENTS.—Each briefing required by 

6 paragraph (1) shall include the following: 

7 ‘‘(A) An update on irregular warfare ac8 tivities within each geographic combatant com9 mand and a description of the manner in which 

10 such activities support the respective theater 

11 campaign plan and the National Defense Strat12 egy. 

13 ‘‘(B) An overview of relevant authorities 

14 and legal issues, including limitations. 

15 ‘‘(C) An overview of irregular warfare-re16 lated interagency activities and initiatives. 

17 ‘‘(D) A description of emerging combatant 

18 command requirements for the use of the au19 thority provided by this section. 

20 ‘‘(k) IRREGULAR WARFARE DEFINED.—Subject to 

21 subsection (f), in this section, the term ‘irregular warfare’ 

22 means Department of Defense activities not involving 

23 armed conflict that support predetermined United States 

24 policy and military objectives conducted by, with, and 
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1 through regular forces, irregular forces, groups, and indi2 viduals.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 127c the following new 

6 item: 

‘‘127d. Support of special operations for irregular warfare.’’. 

7 (c) REPEAL.—Section 1202 of the National Defense 

8 Authorization Act for Fiscal Year 2018 is repealed. 

9 SEC. 1394. MODIFICATION OF AUTHORITY FOR EXPENDI10 TURE OF FUNDS FOR CLANDESTINE ACTIVI11 TIES THAT SUPPORT OPERATIONAL PREPA12 RATION OF THE ENVIRONMENT. 

13 Section 127f of title 10, United States Code, is 

14 amended— 

15 (1) by redesignating subsections (c), (d), (e), 

16 and (f) as subsections (d), (e), (g), and (h), respec17 tively; 

18 (2) by inserting after subsection (b) the fol19 lowing new subsection (c): 

20 ‘‘(c) PROCEDURES.— 

21 ‘‘(1) IN GENERAL.—The authority in this sec22 tion shall be exercised in accordance with such pro23 cedures as the Secretary shall establish for purposes 

24 of this section. 
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1 ‘‘(2) ELEMENTS.—The procedures required 

2 under paragraph (1) shall establish, at a minimum, 

3 each of the following: 

4 ‘‘(A) Policy, strategy, or other guidance for 

5 the execution of, and constraints within, activi6 ties conducted under this section. 

7 ‘‘(B) The processes through which activi8 ties conducted under this section are to be de9 veloped, validated, and coordinated, as appro10 priate, with relevant entities of the United 

11 States Government. 

12 ‘‘(C) The processes through which legal re13 views and determinations are made to comply 

14 with the authority in this section and ensure 

15 that the exercise of such authority is consistent 

16 with the national security interests of the 

17 United States. 

18 ‘‘(D) The processes by which the Depart19 ment of Defense shall keep the congressional 

20 defense committees fully and currently informed 

21 of— 

22 ‘‘(i) the requirements for the use of 

23 the authority in this section; and 

24 ‘‘(ii) activities conducted under such 

25 authority. 
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1 ‘‘(3) NOTICE TO CONGRESS.—The Secretary 

2 shall notify the congressional defense committees of 

3 any material modification to the procedures estab4 lished under paragraph (1).’’; 

5 (3) by inserting after subsection (e), as redesig6 nated, the following new subsection (f): 

7 ‘‘(f) NOTIFICATION.—Not later than 15 days before 

8 exercising the authority in this section to make funds 

9 available to initiate a new operational preparation of the 

10 environment activity or changing the scope or funding 

11 level of any support for such an operation by $1,000,000 

12 or an amount equal to 20 percent of such funding level 

13 (whichever is less), or not later than 48 hours after exer14 cising such authority if the Secretary determines that ex15 traordinary circumstances that impact the national secu16 rity of the United States exist, the Secretary shall notify 

17 the congressional defense committees of the use of such 

18 authority with respect to that activity. Any such notifica19 tion shall be in writing.’’; and 

20 (4) by adding at the end the following new sub21 sections: 

22 ‘‘(i) OVERSIGHT BY ASSISTANT SECRETARY OF DE23 FENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY

24 CONFLICT.—The Assistant Secretary of Defense for Spe25 cial Operations and Low Intensity Conflict shall have pri-
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1 mary responsibility within the Office of the Secretary of 

2 Defense for oversight of policies and programs authorized 

3 by this section. 

4 ‘‘(j) CONSTRUCTION OF AUTHORITY.—Nothing in 

5 this section may be construed to constitute authority to 

6 conduct, or provide statutory authorization for, any of the 

7 following: 

8 ‘‘(1) Execution of operational activities. 

9 ‘‘(2) A covert action, as such term is defined in 

10 section 503(e) of the National Security Act of 1947 

11 (50 U.S.C. 3093(e)). 

12 ‘‘(3) An introduction of the armed forces, (in13 cluding the introduction of United States Armed 

14 Forces as such term is defined in section 8(c) of the 

15 War Powers Resolution (50 U.S.C. 1547(c))), into 

16 hostilities, or into situations where hostilities are 

17 clearly indicated by the circumstances, without spe18 cific statutory authorization within the meaning of 

19 section 5(b) of such Resolution (50 U.S.C. 1544(b)). 

20 ‘‘(4) Activities or support for activities, directly 

21 or indirectly, that are inconsistent with the laws of 

22 armed conflict. 

23 ‘‘(k) OPERATIONAL PREPARATION OF THE ENVIRON24 MENT DEFINED.—In this section, the term ‘operational 

25 preparation of the environment’ means the conduct of ac-
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1 tivities in likely or potential operational areas to set condi2 tions for mission execution.’’. 

3 SEC. 1395. MODIFICATION OF INITIATIVE TO SUPPORT PRO4 TECTION OF NATIONAL SECURITY ACADEMIC 

5 RESEARCHERS FROM UNDUE INFLUENCE 

6 AND OTHER SECURITY THREATS. 

7 Section 1286 of the John S. McCain National De8 fense Authorization Act for Fiscal Year 2019 (10 U.S.C. 

9 4001 note) is amended— 

10 (1) in subsection (c)— 

11 (A) by redesignating paragraphs (7) 

12 through (9) as paragraphs (8) through (10), re13 spectively; 

14 (B) by inserting after paragraph (6) the 

15 following new paragraph (7): 

16 ‘‘(7) Policies to limit or prohibit funding pro17 vided by the Department of Defense for institutions 

18 or individual researchers who knowingly contract or 

19 make other financial arrangements with entities 

20 identified in the list described in paragraph (9), 

21 which policies shall include— 

22 ‘‘(A) use of such list as part of a risk as23 sessment decision matrix during proposal eval24 uations, including the development of a question 

25 for proposers or broad area announcements 
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1 that require proposers to disclose any contrac2 tual or financial connections with such entities; 

3 ‘‘(B) a requirement that the Department 

4 shall notify a proposer of suspected noncompli5 ance with a policy issued under this paragraph 

6 and provide not less than 30 days to take ac7 tions to remedy such noncompliance; 

8 ‘‘(C) the establishment of an appeals pro9 cedure under which a proposer may appeal a 

10 negative decision on a proposal if the decision 

11 is based on a determination informed by such 

12 list; and 

13 ‘‘(D) a requirement that each awardee of 

14 funding provided by the Department shall dis15 close to the Department any contract or finan16 cial arrangement made with such an entity dur17 ing the period of the award.’’; and 

18 (C) by adding at the end the following new 

19 paragraph: 

20 ‘‘(11) Development of measures of effectiveness 

21 and performance to assess and track progress of the 

22 Department of Defense across the initiative, which 

23 measures shall include— 

24 ‘‘(A) the evaluation of currently available 

25 data to support the assessment of such meas-
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1 ures, including the identification of areas in 

2 which gaps exist that may require collection of 

3 completely new data, or modifications to exist4 ing data sets; 

5 ‘‘(B) current means and methods for the 

6 collection of data in an automated manner, in7 cluding the identification of areas in which gaps 

8 exist that may require new means for data col9 lection or visualization of such data; and 

10 ‘‘(C) the development of an analysis and 

11 assessment methodology framework to make 

12 tradeoffs between the measures developed under 

13 this paragraph and other metrics related to as14 sessing undue foreign influence on the Depart15 ment of Defense research enterprise, such as 

16 commercial due diligence, beneficial ownership, 

17 and foreign ownership, control, and influence.’’; 

18 and 

19 (2) in subsection (e)(2), by adding at the end 

20 the following new subparagraph: 

21 ‘‘(G) A description of the status of the 

22 measures of effectiveness and performance de23 scribed in subsection (c)(11) for the period cov24 ered by such report, including an analytical as-
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1 sessment of the impact of such measures on the 

2 goals of the initiative.’’. 

3 SEC. 1396. MODIFICATION OF AUTHORITY FOR CERTAIN 

4 PAYMENTS TO REDRESS INJURY AND LOSS. 

5 Section 1213(h) of the National Defense Authoriza6 tion Act for Fiscal Year 2020 (10 U.S.C. 2731 note) is 

7 amended— 

8 (1) in paragraph (1), by redesignating subpara9 graphs (A) through (D) as clauses (i) through (iv), 

10 and moving such clauses, as redesignated, two ems 

11 to the right; 

12 (2) by redesignating paragraph (1) as subpara13 graph (A) and moving such subparagraph, as redes14 ignated, two ems to the right; 

15 (3) by amending paragraph (2) to read as fol16 lows: 

17 ‘‘(B) A description of any denied or re18 fused ex gratia payment or request, including— 

19 ‘‘(i) the date on which any such re20 quest was made; 

21 ‘‘(ii) the steps the Department of De22 fense has taken to respond to the request; 

23 ‘‘(iii) in the case of a refused pay24 ment, the reason for such refusal, if 

25 known; and 
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1 ‘‘(iv) any other reason for which a 

2 payment was not offered or made.’’; 

3 (4) by redesignating paragraph (3) as subpara4 graph (C) and moving such subparagraph, as redes5 ignated, two ems to the right; 

6 (5) by striking ‘‘Not later than’’ and inserting 

7 the following: 

8 ‘‘(1) IN GENERAL.—Not later than’’; and 

9 (6) by adding at the end the following new 

10 paragraph (2): 

11 ‘‘(2) PUBLIC AVAILABILITY.— 

12 ‘‘(A) IN GENERAL.—Not later than 15 

13 days after the date on which the Secretary of 

14 Defense submits each report required by para15 graph (1), the Secretary shall make the report 

16 available to the public in an electronic format. 

17 ‘‘(B) PRIVACY.—The Secretary of Defense 

18 shall exclude from each report made available to 

19 the public under subparagraph (A)— 

20 ‘‘(i) confidential or personally identifi21 able information pertaining to specific pay22 ment recipients so as to ensure the safety 

23 and privacy of such recipients; and 
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1 ‘‘(ii) any confidential or classified in2 formation that would undermine Depart3 ment of Defense operational security.’’. 

4 SEC. 1397. MODIFICATION OF AUTHORITY FOR COOPERA5 TION ON DIRECTED ENERGY CAPABILITIES. 

6 (a) PROGRAM AUTHORIZATION.—Section 1280 of the 

7 William M. (Mac) Thornberry National Defense Author8 ization Act for Fiscal Year 2021 (Public Law 116–283; 

9 134 Stat. 3982; 22 U.S.C. 8606 note) is amended— 

10 (1) in subsection (d), in the first sentence— 

11 (A) by inserting ‘‘acting through the 

12 Under Secretary of Defense for Research and 

13 Engineering,’’ after ‘‘the Secretary of De14 fense,’’; and 

15 (B) by striking ‘‘may establish a program’’ 

16 and inserting ‘‘is authorized’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(e) NOTIFICATION.— 

20 ‘‘(1) IN GENERAL.—Not later than 120 days 

21 after the date of the enactment of this Act, the 

22 Under Secretary of Defense for Research and Engi23 neering shall submit to the appropriate committees 

24 of Congress an assessment detailing— 
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1 ‘‘(A) the most promising directed energy 

2 missile defense technologies available for co-de3 velopment with the Government of Israel; 

4 ‘‘(B) any risks relating to the implementa5 tion of a directed energy missile defense tech6 nology co-development program with the Gov7 ernment of Israel; 

8 ‘‘(C) an anticipated spending plan for fis9 cal year 2024 funding authorized by the Na10 tional Defense Authorization Act for Fiscal 

11 Year 2024 to carry out this section; and 

12 ‘‘(D) initial projections for likely funding 

13 requirements to carry out a directed energy 

14 missile defense technology co-development pro15 gram with the Government of Israel over the 

16 five fiscal years beginning after the date of the 

17 enactment of that Act, as applicable. 

18 ‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS

19 DEFINED.—In this subsection, the term ‘appropriate 

20 committees of Congress’ means— 

21 ‘‘(A) the Committee on Armed Services, 

22 the Committee on Appropriations, and the 

23 Committee on Foreign Relations of the Senate; 

24 and 
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1 ‘‘(B) the Committee on Armed Services, 

2 the Committee on Appropriations, and the 

3 Committee on Foreign Affairs of the House of 

4 Representatives.’’. 

5 (b) ADDITIONAL FUNDING.—The amount authorized 

6 to be appropriated for fiscal year 2024 by section 4201 

7 for research, development, test, and evaluation for Ad8 vanced Component Development and Prototypes is hereby 

9 increased by $25,000,000, with the amount of the increase 

10 to be available for Israeli Cooperative Programs (PE 

11 0603913C). 

12 (c) OFFSET.—The amount authorized to be appro13 priated for fiscal year 2024 by section 4201 for research, 

14 development, test, and evaluation for the Air Force is 

15 hereby decreased by $25,000,000, with the amount of the 

16 decrease to be taken from the amounts available for VC– 

17 25B (PE 0401319F). 

18 SEC. 1398. MODIFICATION OF ARCTIC SECURITY INITIA19 TIVE. 

20 Section 1090(b)(2) of the National Defense Author21 ization Act for Fiscal Year 2022 (Public Law 117–81; 135 

22 Stat. 1927) is amended— 

23 (1) in subparagraph (A), by striking ‘‘the Sec24 retary may’’ and inserting ‘‘the Secretary shall’’; 

25 and 
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1 (2) in subparagraph (B)(i), by striking ‘‘If the 

2 Initiative is established’’ and inserting ‘‘On the es3 tablishment of the Initiative’’. 

4 SEC. 1399. TERMINATION OF AUTHORIZATION OF NON-CON5 VENTIONAL ASSISTED RECOVERY CAPABILI6 TIES. 

7 Section 943(g) of the Duncan Hunter National De8 fense Authorization Act for Fiscal Year 2009 (Public Law 

9 110–417; 122 Stat. 4578) is amended to read as follows: 

10 ‘‘(g) TERMINATION.—The authority under this sec11 tion shall terminate on December 31, 2023.’’. 

12 SEC. 1399A. EXTENSION OF PROHIBITION ON IN-FLIGHT RE13 FUELING TO NON-UNITED STATES AIRCRAFT 

14 THAT ENGAGE IN HOSTILITIES IN THE ONGO15 ING CIVIL WAR IN YEMEN. 

16 Section 1273 of the National Defense Authorization 

17 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 

18 1699) is amended to read as follows: 

19 ‘‘SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO 

20 NON-UNITED STATES AIRCRAFT THAT EN21 GAGE IN HOSTILITIES IN THE ONGOING CIVIL 

22 WAR IN YEMEN. 

23 ‘‘For the one-year period beginning on the date 

24 of the enactment of the National Defense Authoriza25 tion Act for Fiscal Year 2024, the Department of 
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1 Defense may not provide in-flight refueling pursuant 

2 to section 2342 of title 10, United States Code, or 

3 any other applicable statutory authority, to non4 United States aircraft that engage in hostilities in 

5 the ongoing civil war in Yemen unless and until a 

6 declaration of war or a specific statutory authoriza7 tion for such use of the United States Armed Forces 

8 has been enacted.’’. 

9 SEC. 1399B. EXTENSION OF UNITED STATES-ISRAEL ANTI10 TUNNEL COOPERATION. 

11 Section 1279(f) of the National Defense Authoriza12 tion Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is 

13 amended by striking ‘‘December 31, 2024’’ and inserting 

14 ‘‘December 31, 2026’’. 

15 SEC. 1399C. PROHIBITION ON DELEGATION OF AUTHORITY 

16 TO DESIGNATE FOREIGN PARTNER FORCES 

17 AS ELIGIBLE FOR THE PROVISION OF COL18 LECTIVE SELF-DEFENSE SUPPORT BY 

19 UNITED STATES ARMED FORCES. 

20 (a) IN GENERAL.—The authority to designate foreign 

21 partner forces as eligible for the provision of collective self22 defense support by the United States Armed Forces may 

23 not be delegated below the Secretary of Defense. 

24 (b) REVIEW.—Not later than 90 days after the date 

25 of the enactment of this Act, the Secretary shall review 
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1 existing designations of foreign partner forces as eligible 

2 for the provision of collective self-defense support by the 

3 United States Armed Forces and provide the congres4 sional defense committees with a certification with respect 

5 to whether each such designation remains valid. 

6 (c) WAIVER.— 

7 (1) IN GENERAL.—The Secretary may waive 

8 the prohibition under subsection (a) if the Secretary 

9 determines that there are compelling circumstances 

10 that necessitate the waiver of such prohibition. 

11 (2) NOTICE.—Not later than 48 hours after the 

12 Secretary exercises the waiver authority under para13 graph (1), the Secretary shall submit to the congres14 sional defense committees a notice of the waiver, 

15 which shall include— 

16 (A) a description of the compelling cir17 cumstances that necessitated the wavier; 

18 (B) a description of the United States na19 tional security interests served by the waiver; 

20 (C) an identification of any named oper21 ation related to the waiver; and 

22 (D) an articulation of any temporal, geo23 graphic, or other limitations on the waiver. 

24 (d) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed as invalidating a designation of for-
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1 eign partner forces as eligible for the provision of collective 

2 self-defense support by the United States Armed Forces 

3 that is in effect as of the date of the enactment of this 

4 Act. 

5 (e) COLLECTIVE SELF-DEFENSE DEFINED.—In this 

6 section, the term ‘‘collective self-defense’’ means the use 

7 of United States military force to defend designated for8 eign partner forces, their facilities, and their property. 

9 SEC. 1399D. PARTICIPATION BY MILITARY DEPARTMENTS 

10 IN INTEROPERABILITY PROGRAMS WITH 

11 MILITARY FORCES OF AUSTRALIA, CANADA, 

12 NEW ZEALAND, AND THE UNITED KINGDOM. 

13 (a) IN GENERAL.—Section 1274 of the National De14 fense Authorization Act for Fiscal Year 2013 (10 U.S.C. 

15 2350a note) is amended— 

16 (1) in the section heading, by striking ‘‘ADMIN17 ISTRATION OF THE AMERICAN, BRITISH, CANA18 DIAN, AND AUSTRALIAN ARMIES’ PROGRAM’’ 

19 and inserting ‘‘PARTICIPATION BY MILITARY DE20 PARTMENTS IN INTEROPERABILITY PROGRAMS

21 WITH MILITARY FORCES OF AUSTRALIA, CAN22 ADA, NEW ZEALAND, AND THE UNITED KING23 DOM’’; and 

24 (2) in subsection (a)— 
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1 (A) by inserting ‘‘a military department 

2 of’’ after ‘‘the participation by’’; and 

3 (B) by striking ‘‘the land-force program 

4 known as the American, British, Canadian, and 

5 Australian Armies’ Program’’ and inserting ‘‘an 

6 interoperability program with the military 

7 forces of one or more participating countries 

8 specified in subsection (b)’’. 

9 (b) CLERICAL AMENDMENTS.— 

10 (1) The table of contents of the National De11 fense Authorization Act for Fiscal Year 2013 (Pub12 lic Law 112–239; 126 Stat. 1632) is amended by 

13 striking the item relating to section 1274 and insert14 ing the following: 

‘‘Sec. 1274. Participation by military departments in interoperability programs 

with military forces of Australia, Canada, New Zealand, and 

the United Kingdom.’’. 

15 (2) The table of contents for title XII of the 

16 National Defense Authorization Act for Fiscal Year 

17 2013 (Public Law 112–239; 126 Stat. 1977) is 

18 amended by striking the item relating to section 

19 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.’’. 
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1 SEC. 1399E. COOPERATION WITH ALLIES AND PARTNERS IN 

2 MIDDLE EAST ON DEVELOPMENT OF INTE3 GRATED REGIONAL CYBERSECURITY ARCHI4 TECTURE. 

5 (a) COOPERATION.— 

6 (1) IN GENERAL.—The Secretary of Defense, 

7 using existing authorities and in consultation with 

8 the head of any other Federal agency, as appro9 priate, shall seek to cooperate with allies and part10 ners in the Middle East with respect to developing 

11 an integrated regional cybersecurity architecture and 

12 deepening military cybersecurity partnerships to de13 fend military networks, infrastructure, and systems 

14 against hostile cyber activity. 

15 (2) PROTECTION OF SENSITIVE INFORMA16 TION.—Any activity carried out under paragraph 

17 (1)shall be conducted in a manner that— 

18 (A) is consistent with the protection of in19 telligence sources and methods; and 

20 (B) appropriately protects sensitive infor21 mation and the national security interests of 

22 the United States. 

23 (b) STRATEGY.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the Sec26 retary of Defense, in consultation with the Secretary 
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1 of State, shall submit to the appropriate committees 

2 of Congress a strategy for cooperation with allies 

3 and partners in the Middle East to develop an inte4 grated regional cybersecurity architecture to defend 

5 military networks, infrastructure, and systems 

6 against hostile cyber activity. 

7 (2) ELEMENTS.—The strategy submitted under 

8 paragraph (1) shall include the following: 

9 (A) An assessment of the threat landscape 

10 of cyberattacks, military networks, infrastruc11 ture, and systems against allies and partners 

12 within the Middle East. 

13 (B) A description of current efforts to 

14 share, between the United States and allies and 

15 partners within the Middle East, indicators and 

16 warnings, tactics, techniques, procedures, threat 

17 signatures, planning efforts, training, and other 

18 similar information about cyber threats. 

19 (C) An analysis of current bilateral and 

20 multilateral defense protocols protecting mili21 tary networks, infrastructure, and systems and 

22 sharing sensitive cyber threat information be23 tween the United States and allies and partners 

24 in the Middle East. 
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1 (D) An assessment of whether a multi2 national integrated military cybersecurity part3 nership, including establishing a center in the 

4 Middle East to facilitate such activities, would 

5 improve collective security in the Middle East. 

6 (E) An assessment of gaps in ally and 

7 partner capabilities that would have to be rem8 edied in order to establish such a center. 

9 (F) A description of any prior or ongoing 

10 effort to engage allies and partners in the Mid11 dle East in establishing— 

12 (i) a multinational integrated cyberse13 curity partnership or other bilateral or 

14 multilateral defensive cybersecurity infor15 mation sharing and training partnership; 

16 or 

17 (ii) other cooperative defensive cyber18 security measures. 

19 (G) An identification of elements of a po20 tential multinational military cybersecurity 

21 partnership, or other bilateral or multilateral 

22 defensive cybersecurity measures, that— 

23 (i) can be acquired and operated by 

24 specified foreign partners within the area 
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1 of responsibility of the United States Cen2 tral Command; 

3 (ii) can only be provided and operated 

4 by the United States; and 

5 (iii) can be provided by a third party 

6 entity contracted by the United States 

7 Central Command jointly with specified 

8 foreign partners. 

9 (H) Any other matter the Secretary of De10 fense considers relevant. 

11 (3) FORM.—The strategy required by para12 graph (1) shall be submitted in unclassified form but 

13 may include a classified annex. 

14 (c) APPROPRIATE COMMITTEES OF CONGRESS DE15 FINED.—In this section, the term ‘‘appropriate commit16 tees of Congress’’ means— 

17 (1) the Committee on Armed Services, the 

18 Committee on Appropriations, the Committee on 

19 Foreign Relations, and the Select Committee on In20 telligence of the Senate; and 

21 (2) the Committee on Armed Services, the 

22 Committee on Appropriations, the Committee on 

23 Foreign Affairs, and the Permanent Select Com24 mittee on Intelligence of the House of Representa25 tives. 
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1 SEC. 1399F. FOREIGN ADVANCE ACQUISITION ACCOUNT. 

2 (a) ESTABLISHMENT.—The Secretary of Defense 

3 may establish, within the Special Defense Acquisition 

4 Fund established pursuant to chapter 5 of the Arms Ex5 port Control Act (22 U.S.C. 2795 et seq.), an account, 

6 to be known as the ‘‘Foreign Advance Acquisition Ac7 count’’ (in this section referred to as the ‘‘Account’’), that 

8 shall be maintained separately from other accounts and 

9 used to accelerate the production of United States-pro10 duced end items in reasonable anticipation of the sale of 

11 such end items through the foreign military sales or direct 

12 commercial sales processes. 

13 (b) USE OF FUNDS.—Amounts in the Account shall 

14 be made available to the Secretary of Defense for the fol15 lowing purposes: 

16 (1) To finance the acquisition, using the proce17 dures of the Special Defense Acquisition Fund, of 

18 defense articles and services in advance of the trans19 fer of such articles and services to covered countries 

20 through the foreign military sales process. 

21 (2) To provide a mechanism for covered coun22 tries to contribute funds, including before the com23 pletion of a letter of offer under the procedures of 

24 the Arms Export Control Act (22 U.S.C. 2751 et 

25 seq.), for the acquisition of such defense articles and 

26 services. 
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1 (3) To pay for storage, maintenance, and other 

2 costs related to the storage, preservation, and prepa3 ration for transfer of defense articles and services 

4 acquired using amounts in the Account prior to their 

5 transfer, and to pay for the administrative costs of 

6 the Department of Defense incurred in the acquisi7 tion of such items to the extent not reimbursed pur8 suant to section 43(b) of the Arms Export Control 

9 Act (22 U.S.C. 2792(b)). 

10 (c) CONTRIBUTIONS FROM COVERED COUNTRIES.— 

11 The Secretary of Defense may accept contributions of 

12 amounts to the Account from any foreign person, entity, 

13 or government of a covered country. 

14 (d) LIMITATIONS.— 

15 (1) APPLICABILITY OF OTHER LAW.—Defense 

16 articles and services acquired by the Secretary of 

17 Defense using amounts in the Account may not be 

18 transferred to any foreign country unless such trans19 fer is authorized by the Arms Export Control Act 

20 (22 U.S.C. 2751 et seq.), the Foreign Assistance 

21 Act of 1961 (22 U.S.C. 2151 et seq.), or other ap22 plicable law. 

23 (2) PREVIOUSLY DENIED FUNDS.—Amounts in 

24 the Account may not be expended, in whole or in 

25 part, by or for the benefit of the Department of De-
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1 fense for a purpose for which Congress has pre2 viously denied funds. 

3 (3) ADDITIONAL LIMITATION.—Amounts in the 

4 Account may not be used to acquire items or serv5 ices for the sole benefit of the United States. 

6 (e) ANNUAL REPORT.—Not later than 60 days after 

7 the date on which each fiscal year ends, the Secretary of 

8 Defense shall submit to the appropriate committees of 

9 Congress a report on the use of the Account that includes, 

10 for such fiscal year— 

11 (1) an identification of each covered country 

12 that contributed to the Account; 

13 (2) the amount deposited into the Account by 

14 each such covered country; and 

15 (3) for each such covered country, the des16 ignated defense articles or services acquired or to be 

17 acquired. 

18 (f) QUARTERLY REPORT.—Not later than 90 days 

19 after the date of the enactment of this Act, and quarterly 

20 thereafter, the Secretary of Defense shall submit to the 

21 appropriate committees of Congress a report on the use 

22 of the Account that includes, for each transaction— 

23 (1) a description of the transaction; 

24 (2) the amount of the transaction; 

25 (3) the covered country concerned; 
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1 (4) an identification of any storage, mainte2 nance, or other costs associated with the transaction; 

3 and 

4 (5) the anticipated date of delivery of the appli5 cable defense articles or services. 

6 (g) TERMINATION.—The authority under subsection 

7 (b) to use funds in the Account shall terminate on Janu8 ary 1, 2028. 

9 (h) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to limit or impair the responsibil11 ities conferred on the Secretary of State or the Secretary 

12 of Defense under the Arms Export Control Act (22 U.S.C. 

13 2751 et seq.) or the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2151 et seq.). 

15 (i) DEFINITIONS.—In this section: 

16 (1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘‘appropriate committees of Con18 gress’’ means— 

19 (A) the Committee on Armed Services, the 

20 Committee on Appropriations, and the Com21 mittee on Foreign Relations of the Senate; and 

22 (B) the Committee on Armed Services, the 

23 Committee on Appropriations, and the Com24 mittee on Foreign Affairs of the House of Rep25 resentatives. 
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1 (2) COVERED COUNTRY.—The term ‘‘covered 

2 country’’ means— 

3 (A) a country, other than the United 

4 States, that is a participant in the security 

5 partnership among Australia, the United King6 dom, and the United States (commonly known 

7 as the ‘‘AUKUS’’ partnership); 

8 (B) a member country of the North Atlan9 tic Treaty Organization; and 

10 (C) any other country, as designated by 

11 the Secretary of Defense. 

12 SEC. 1399G. LIMITATION ON AVAILABILITY OF FUNDS FOR 

13 TRAVEL EXPENSES OF THE OFFICE OF THE 

14 SECRETARY OF DEFENSE. 

15 Of the funds authorized to be appropriated by this 

16 Act for fiscal year 2024 for operation and maintenance, 

17 Defense-wide, and available for the Office of the Secretary 

18 of Defense for travel expenses, not more than 75 percent 

19 may be obligated or expended until the Secretary of De20 fense submits— 

21 (1) the implementation plan required by section 

22 1087 of the National Defense Authorization Act for 

23 Fiscal Year 2023 (Public Law 117–263; 136 Stat. 

24 2802; 10 U.S.C. 161 note) relating to the require25 ment of such section to establish a joint force head-
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1 quarters in the area of operations of United States 

2 Indo-Pacific Command to serve as an operational 

3 command; 

4 (2) the plan required by section 1332(g)(2) of 

5 the National Defense Authorization Act for Fiscal 

6 Year 2022 (Public Law 117–81; 135 Stat. 2008) re7 lating to strategic competition in the areas of re8 sponsibility of United States Southern Command 

9 and United States Africa Command; and 

10 (3) the strategy and posture review required by 

11 section 1631(g) of the National Defense Authoriza12 tion Act for Fiscal Year 2020 (Public Law 116–92; 

13 133 Stat. 1743; 10 U.S.C. 397 note) relating to op14 erations in the information environment. 

15 SEC. 1399H. PLANS RELATED TO RAPID TRANSFER OF CER16 TAIN MISSILES AND DEFENSE CAPABILITIES. 

17 (a) IN GENERAL.—The Assistant Secretary of the 

18 Navy for Research, Development and Acquisition shall— 

19 (1) develop a plan to prepare Navy Harpoon 

20 block IC missiles in a ‘‘sundown’’, ‘‘deep stow’’, or 

21 ‘‘demilitarized’’ condition code (including missiles re22 moved from Navy surface ships) for rapid transfer 

23 to allies and security partners in the United States 

24 European Command and United States Indo-Pacific 

25 Command areas of responsibility, if so ordered; and 
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1 (2) establish a plan that would enable the rapid 

2 transfer of additional enhanced coastal defense capa3 bilities that have tactical significance in assisting 

4 partners and allies in reclaiming sovereign territory, 

5 deterring maritime resupply of illegally seized terri6 tory, or aiding in preventing an amphibious invasion 

7 of sovereign territory. 

8 (b) SUBMISSION TO CONGRESS.—Not later than 90 

9 days after the date of the enactment of this Act, the As10 sistant Secretary shall submit to the congressional defense 

11 committees the plans required by paragraphs (1) and (2) 

12 of subsection (a). 

13 SEC. 1399I. ENSURING PEACE THROUGH STRENGTH IN 

14 ISRAEL. 

15 (a) EXTENSION OF AUTHORITIES.— 

16 (1) WAR RESERVES STOCKPILE AUTHORITY.— 

17 Section 12001(d) of the Department of Defense Ap18 propriations Act, 2005 (Public Law 108–287; 118 

19 Stat. 1011) is amended by striking ‘‘September 30, 

20 2025’’ and inserting ‘‘January 1, 2028’’. 

21 (2) RULES GOVERNING THE TRANSFER OF PRE22 CISION-GUIDED MUNITIONS TO ISRAEL ABOVE THE

23 ANNUAL RESTRICTION.—Section 1275(e) of the Wil24 liam M. (Mac) Thornberry National Defense Author25 ization Act for Fiscal Year 2021 (Public Law 116– 
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1 283; 134 Stat. 3980; 22 U.S.C. 2321h note) is 

2 amended by striking ‘‘on the date that is three years 

3 after the date of the enactment of this Act’’ and in4 serting ‘‘on January 1, 2028’’. 

5 (b) DEPARTMENT OF DEFENSE ASSESSMENT OF

6 TYPE AND QUANTITY OF PRECISION-GUIDED MUNITIONS

7 AND OTHER MUNITIONS FOR USE BY ISRAEL.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, and an10 nually thereafter through December 31, 2028, the 

11 Secretary of Defense shall conduct an assessment 

12 with respect to the following: 

13 (A) The current quantity and type of pre14 cision-guided munitions in the stockpile pursu15 ant to section 12001(d) of the Department of 

16 Defense Appropriations Act, 2005 (Public Law 

17 108–287; 118 Stat. 1011). 

18 (B) The quantity and type of precision19 guided munitions necessary for Israel to protect 

20 its homeland and counter Hezbollah, Hamas, 

21 Palestinian Islamic Jihad, or any other armed 

22 terror group or hostile forces in the region in 

23 the event of a sustained armed confrontation. 

24 (C) The quantity and type of other muni25 tions necessary for Israel to protect its home-
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1 land and counter Hezbollah, Hamas, Pales2 tinian Islamic Jihad, or any other armed group 

3 or hostile forces in the region in the event of a 

4 sustained armed confrontation. 

5 (D) The quantity and type of munitions, 

6 including precision-guided munitions, necessary 

7 for Israel to protect its homeland and counter 

8 any combination of Hezbollah, Hamas, Pales9 tinian Islamic Jihad, and any other armed ter10 ror groups or hostile forces in the region in the 

11 event of a multi-front, sustained armed con12 frontation. 

13 (E) The resources the Government of 

14 Israel would need to dedicate to acquire the 

15 quantity and type of munitions, including preci16 sion-guided munitions, described in subpara17 graphs (B) through (D). 

18 (F) Whether, as of the date on which the 

19 applicable assessment is completed, sufficient 

20 quantities and types of munitions, including 

21 precision-guided munitions, to conduct oper22 ations described in subparagraphs (B) through 

23 (D) are present in— 

24 (i) the inventory of the military forces 

25 of Israel; 
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1 (ii) the War Reserves Stock Allies2 Israel; 

3 (iii) any other United States stockpile 

4 or depot within the area of responsibility of 

5 United States Central Command, as the 

6 Secretary considers appropriate to disclose 

7 to the Government of Israel; or 

8 (iv) the inventory of the United States 

9 Armed Forces, as the Secretary considers 

10 appropriate to disclose to the Government 

11 of Israel. 

12 (G) The current inventory of such muni13 tions, including precision-guided munitions, pos14 sessed by the United States, and whether, as of 

15 the date on which the applicable assessment is 

16 completed, the United States is assessed to 

17 have sufficient munitions to meet the require18 ments of current operation plans of the United 

19 States or global other munitions requirements. 

20 (H) United States planning and steps 

21 being taken— 

22 (i) to assist Israel to prepare for the 

23 contingencies, and to conduct the oper24 ations, described in subparagraphs (B) 

25 through (D); and 
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1 (ii) to resupply Israel with the quan2 tity and type of such munitions described 

3 in such subparagraphs in the event of a 

4 sustained armed confrontation described in 

5 such subparagraphs. 

6 (I) The quantity and pace at which the 

7 United States is capable of pre-positioning, in8 creasing, stockpiling, or rapidly replenishing, or 

9 assisting in the rapid replenishment of, such 

10 munitions in preparation for, and in the event 

11 of, such a sustained armed confrontation. 

12 (2) CONSULTATION.—In carrying out the as13 sessment required by paragraph (1), the Secretary 

14 shall consult with the Israeli Ministry of Defense, 

15 provided that the Israeli Ministry of Defense agrees 

16 to be so consulted. 

17 (c) REPORTS.— 

18 (1) DEPARTMENT OF DEFENSE ASSESSMENT.— 

19 Not later than 15 days after the date on which each 

20 Department of Defense assessment required by sub21 section (b) is completed, the Secretary shall submit 

22 to the appropriate committees of Congress a report 

23 on such assessment. 

24 (2) PRE-POSITIONING AND STOCKPILE IMPLE25 MENTATION REPORT.—Not later than 180 days 
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1 after the date on which the report required by para2 graph (1) is submitted, and every 180 days there3 after through December 31, 2028, the Secretary 

4 shall submit to the appropriate committees of Con5 gress a report that— 

6 (A) details the actions being taken by the 

7 United States, if any, to pre-position, increase, 

8 stockpile, address shortfalls, and otherwise en9 sure that the War Reserves Stock Allies-Israel 

10 has, and assist Israel in ensuring that Israel 

11 has, sufficient quantities and types of muni12 tions, including precision-guided munitions, to 

13 conduct the operations described in subpara14 graphs (B) through (D) of subsection (b)(1); 

15 and 

16 (B) includes a description of procedures 

17 implemented by the United States, if any, for 

18 rapidly replenishing, or assisting in the rapid 

19 replenishment of, stockpiles of such munitions 

20 for use by Israel as may be necessary. 

21 (3) FORM.—The report required by paragraph 

22 (1) shall be submitted in unclassified form but may 

23 contain a classified annex. 
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1 (4) APPROPRIATE COMMITTEES OF CONGRESS

2 DEFINED.—In this subsection, the term ‘‘appro3 priate committees of Congress’’ means— 

4 (A) the Committee on Foreign Relations 

5 and the Committee on Armed Services of the 

6 Senate; and 

7 (B) the Committee on Foreign Affairs and 

8 the Committee on Armed Services of the House 

9 of Representatives. 

10 (d) CONSOLIDATION OF REPORTS.— 

11 (1) Section 1273 of the John S. McCain Na12 tional Defense Authorization Act for Fiscal Year 

13 2019 (Public Law 115–232; 132 Stat. 2066) is 

14 amended by striking subsection (b). 

15 (2) Section 1275 of the William M. (Mac) 

16 Thornberry National Defense Authorization Act for 

17 Fiscal Year 2021 (Public Law 116–283; 134 Stat. 

18 3979; 22 U.S.C. 2321h note) is amended by striking 

19 subsection (d). 

20 SEC. 1399J. IMPROVEMENTS TO SECURITY COOPERATION 

21 WORKFORCE AND DEFENSE ACQUISITION 

22 WORKFORCE. 

23 (a) RESPONSIBILITIES OF SECRETARY OF DE24 FENSE.— 
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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall, consistent with the requirements of section 

3 384 of title 10, United States Code, as amended by 

4 section 1209 of this Act— 

5 (A) carry out activities to professionalize, 

6 and increase the resources available to, the se7 curity cooperation workforce so as to enable the 

8 streamlining and expediting of the foreign mili9 tary sales process; and 

10 (B) seek to ensure that— 

11 (i) members of the defense acquisition 

12 workforce involved in the foreign military 

13 sales process are aware of evolving United 

14 States regional and country-level defense 

15 capability-building priorities; and 

16 (ii) members of the defense acquisi17 tion workforce are professionally evaluated 

18 using metrics to measure— 

19 (I) responsiveness to foreign 

20 partner requests; 

21 (II) ability to meet foreign part22 ner capability and delivery schedule 

23 requirements; and 

24 (III) advancement of foreign ca25 pability-building priorities described in 
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1 the guidance updated under sub2 section (b). 

3 (2) REPORT.—Not later than 180 days after 

4 the date of the enactment of this Act, the Secretary 

5 of Defense shall submit to the Committees on Armed 

6 Services of the Senate and the House of Representa7 tives a report on the resources necessary to imple8 ment paragraph (1), including— 

9 (A) the anticipated costs of new personnel 

10 and training to carry out such paragraph; 

11 (B) the estimated increase in foreign mili12 tary sales administrative user fees necessary to 

13 offset such costs; and 

14 (C) the feasibility and advisability of estab15 lishing, at the Department of Defense level or 

16 the military department level, a contracting ca17 pacity that— 

18 (i) is specific to the execution of con19 tracts for foreign military sales; 

20 (ii) is fully funded by the Defense Se21 curity Cooperation Agency using foreign 

22 military sales administrative funds so as to 

23 ensure that such capacity is dedicated sole24 ly to foreign military sales contracting; 
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1 (iii) is monitored by the Defense Se2 curity Cooperation Agency Chief Perform3 ance Office, in coordination with the Under 

4 Secretary of Defense for Acquisition and 

5 Sustainment, to ensure effectiveness in 

6 meeting foreign military sales contracting 

7 requirements; and 

8 (iv) empowers the Director of the De9 fense Security Cooperation Agency, in co10 ordination with the Under Secretary of De11 fense for Policy and the Under Secretary 

12 of Defense for Acquisition and 

13 Sustainment, to increase or decrease for14 eign military sales contracting capacity 

15 through the guidance updated under sub16 section (b). 

17 (b) GUIDANCE.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of the enactment of this Act, the Sec20 retary of Defense shall update, as necessary, De21 partment of Defense guidance governing the execu22 tion of foreign military sales by the Department to 

23 ensure that such guidance— 

24 (A) incorporates the National Security 

25 Strategy and the National Defense Strategy; 
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1 (B) is informed by the theater campaign 

2 plans and theater security cooperation strate3 gies of the combatant commands; and 

4 (C) is disseminated to the security co5 operation workforce and the defense acquisition 

6 workforce. 

7 (2) ELEMENTS.—The updated guidance re8 quired by paragraph (1) shall— 

9 (A) identify— 

10 (i) regional and country-level foreign 

11 defense capability-building priorities; and 

12 (ii) levels of urgency and desired 

13 timelines for achieving foreign capability14 building objectives; and 

15 (B) provide guidance to the defense acqui16 sition workforce regarding levels of resourcing, 

17 innovation, and risk tolerance that should be 

18 considered in meeting urgent needs. 

19 (c) FOREIGN MILITARY SALES CONTINUOUS PROC20 ESS IMPROVEMENT BOARD.— 

21 (1) ESTABLISHMENT.—The Secretary of De22 fense may establish a Foreign Military Sales Contin23 uous Process Improvement Board (in this section re24 ferred to as the ‘‘Board’’) to serve as an enduring 

25 governance structure within the Department of De-
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1 fense that reports to the Secretary on matters relat2 ing to the foreign military sales process so as to en3 hance accountability and continuous improvement 

4 within the Department, including the objectives of— 

5 (A) improving the understanding, among 

6 officials of the Department, of ally and partner 

7 requirements; 

8 (B) enabling efficient reviews for release of 

9 technology; 

10 (C) providing allies and partner countries 

11 with relevant priority equipment; 

12 (D) accelerating acquisition and con13 tracting support; 

14 (E) expanding the capacity of the defense 

15 industrial base; and 

16 (F) working with other departments and 

17 agencies to promote broad United States Gov18 ernment support. 

19 (2) MEMBERSHIP.— 

20 (A) IN GENERAL.—The Board shall be 

21 composed of not fewer than seven members, 

22 each of whom shall have expertise in the foreign 

23 military sales process. 

24 (B) RESTRICTION.—The Board may not 

25 have as a member— 
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1 (i) an officer or employee of the De2 partment of Defense; or 

3 (ii) a member of the United States 

4 Armed Forces. 

5 (d) DEFINITIONS.—In this section: 

6 (1) DEFENSE ACQUISITION WORKFORCE.—The 

7 term ‘‘defense acquisition workforce’’ means the De8 partment of Defense acquisition workforce described 

9 in chapter 87 of title 10, United States Code. 

10 (2) SECURITY COOPERATION WORKFORCE.— 

11 The term ‘‘security cooperation workforce’’ has the 

12 meaning given the term in section 384 of title 10, 

13 United States Code. 

14 SEC. 1399K. MODIFICATION OF FOREIGN MILITARY SALES 

15 PROCESSING. 

16 (a) RESPONSES.— 

17 (1) LETTERS OF REQUEST FOR PRICING AND

18 AVAILABILITY.—The Secretary of Defense shall seek 

19 to ensure that an eligible foreign purchaser that has 

20 submitted a letter of request for pricing and avail21 ability data receives a response to the letter not later 

22 than 45 days after the date on which the letter is 

23 received by a United States security cooperation or24 ganization, the Defense Security Cooperation Agen25 cy, or other implementing agency. 
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1 (2) LETTERS OF REQUEST FOR LETTERS OF

2 OFFER AND ACCEPTANCE.—The Secretary of De3 fense shall seek to ensure that an eligible foreign 

4 purchaser that has submitted a letter of request for 

5 a letter of offer and acceptance receives a re6 sponse— 

7 (A) in the case of a letter of request for a 

8 blanket-order letter of offer and acceptance, co9 operative logistics supply support arrangements, 

10 or associated amendments and modifications, 

11 not later than 45 days after the date on which 

12 the letter of request is received by a United 

13 States security cooperation organization, the 

14 Defense Security Cooperation Agency, or other 

15 implementing agency; 

16 (B) in the case of a letter of request for 

17 a defined-order letter of offer and acceptance or 

18 associated amendments and modifications, not 

19 later than 100 days after such date; and 

20 (C) in the case of a letter of request for a 

21 defined-order letter of offer and acceptance or 

22 associated amendments that involve extenuating 

23 factors, as approved by the Director of the De24 fense Security Cooperation Agency, not later 

25 than 150 days after such date. 
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1 (3) WAIVER.—The Secretary of Defense may 

2 waive paragraphs (1) and (2) if— 

3 (A) such a waiver is in the national secu4 rity interests of the United States; and 

5 (B) not later than 5 days after exercising 

6 such waiver authority, the Secretary provides to 

7 the Committee on Foreign Relations of the Sen8 ate and the Committee on Foreign Affairs of 

9 the House of Representatives notice of the exer10 cise of such authority, including an explanation 

11 of the one or more reasons for failing to meet 

12 the applicable deadline. 

13 (b) EXPANSION OF COUNTRY PRIORITIZATION.— 

14 With respect to foreign military sales to member countries 

15 of the North Atlantic Treaty Organization, major non16 NATO allies, major defense partners, and major security 

17 partners, the Secretary of Defense may assign a Defense 

18 Priorities and Allocations System order rating of DX 

19 (within the meaning of section 700.11 of title 15, Code 

20 of Federal Regulations (as in effect on the date of the 

21 enactment of this Act)). 

22 (c) DEFINITIONS.—In this section: 

23 (1) BLANKET-ORDER LETTER OF OFFER AND

24 ACCEPTANCE.—The term ‘‘blanket-order letter of 

25 offer and acceptance’’ means an agreement between 
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1 an eligible foreign purchaser and the United States 

2 Government for a specific category of items or serv3 ices (including training) that— 

4 (A) does not include a definitive listing of 

5 items or quantities; and 

6 (B) specifies a maximum dollar amount 

7 against which orders for defense articles and 

8 services may be placed. 

9 (2) COOPERATIVE LOGISTICS SUPPLY SUPPORT

10 ARRANGEMENT.—The term ‘‘cooperative logistics 

11 supply support arrangement’’ means a military logis12 tics support arrangement designed to provide re13 sponsive and continuous supply support at the depot 

14 level for United States-made military materiel pos15 sessed by foreign countries or international organiza16 tions. 

17 (3) DEFINED-ORDER LETTER OF OFFER AND

18 ACCEPTANCE.—The term ‘‘defined-order letter of 

19 offer and acceptance’’ means a foreign military sales 

20 case characterized by an order for a specific defense 

21 article or service that is separately identified as a 

22 line item on a letter of offer and acceptance. 

23 (4) IMPLEMENTING AGENCY.—The term ‘‘im24 plementing agency’’ means the military department 

25 or defense agency assigned, by the Director of the 
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1 Defense Security Cooperation Agency, the respon2 sibilities of— 

3 (A) preparing a letter of offer and accept4 ance; 

5 (B) implementing a foreign military sales 

6 case; and 

7 (C) carrying out the overall management 

8 of the activities that— 

9 (i) will result in the delivery of the de10 fense articles or services set forth in the 

11 letter of offer and acceptance; and 

12 (ii) was accepted by an eligible foreign 

13 purchaser. 

14 (5) LETTER OF REQUEST.—The term ‘‘letter of 

15 request’’— 

16 (A) means a written document— 

17 (i) submitted to a United States secu18 rity cooperation organization, the Defense 

19 Security Cooperation Agency, or an imple20 menting agency by an eligible foreign pur21 chaser for the purpose of requesting to 

22 purchase or otherwise obtain a United 

23 States defense article or defense service 

24 through the foreign military sales process; 

25 and 
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1 (ii) that contains all relevant informa2 tion in such form as may be required by 

3 the Secretary of Defense; and 

4 (B) includes— 

5 (i) a formal letter; 

6 (ii) an e-mail; 

7 (iii) signed meeting minutes from a 

8 recognized official of the government of an 

9 eligible foreign purchaser; and 

10 (iv) any other form of written docu11 ment, as determined by the Secretary of 

12 Defense or the Director of the Defense Se13 curity Cooperation Agency. 

14 (6) MAJOR DEFENSE PARTNER.—The term 

15 ‘‘major defense partner’’ means— 

16 (A) India; and 

17 (B) any other country, as designated by 

18 the Secretary of Defense. 

19 (7) MAJOR NON-NATO ALLY.—The term ‘‘major 

20 non-NATO ally’’— 

21 (A) has the meaning given the term in sec22 tion 644 of the Foreign Assistance Act of 1961 

23 (22 U.S.C. 2403)); and 

24 (B) includes Taiwan, as required by sec25 tion 1206 of the Security Assistance Act of 
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1 2002 (Public Law 107–228; 22U.S.C. 2321k 

2 note). 

3 (8) MAJOR SECURITY PARTNER.—The term 

4 ‘‘major security partner’’ means— 

5 (A) the United Arab Emirates; 

6 (B) Bahrain; 

7 (C) Saudi Arabia; and 

8 (D) any other country, as designated by 

9 the Secretary of Defense, in consultation with 

10 the Secretary of State and the Director of Na11 tional Intelligence. 

12 SEC. 1399L. ENDING CHINA’S DEVELOPING NATION STATUS. 

13 (a) SHORT TITLE.—This section may be cited as the 

14 ‘‘Ending China’s Developing Nation Status Act’’. 

15 (b) FINDING; STATEMENT OF POLICY.— 

16 (1) FINDING.—Congress finds that the People’s 

17 Republic of China is still classified as a developing 

18 nation under multiple treaties and international or19 ganization structures, even though China has grown 

20 to be the second largest economy in the world. 

21 (2) STATEMENT OF POLICY.—It is the policy of 

22 the United States— 

23 (A) to oppose the labeling or treatment of 

24 the People’s Republic of China as a developing 

25 nation in current and future treaty negotiations 
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1 and in each international organization of which 

2 the United States and the People’s Republic of 

3 China are both current members; 

4 (B) to pursue the labeling or treatment of 

5 the People’s Republic of China as a developed 

6 nation in each international organization of 

7 which the United States and the People’s Re8 public of China are both current members; and 

9 (C) to work with allies and partners of the 

10 United States to implement the policies de11 scribed in paragraphs (1) and (2). 

12 (c) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE COMMITTEES OF CON14 GRESS.—The term ‘‘appropriate committees of Con15 gress’’ means— 

16 (A) the Committee on Foreign Relations of 

17 the Senate and the Committee on Foreign Af18 fairs of the House of Representatives with re19 spect to— 

20 (i) reports produced by the Secretary 

21 of State; and 

22 (ii) a waiver exercised pursuant to 

23 subsection (f)(2), except with respect to 

24 any international organization for which 

25 the United States Trade Representative is 
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1 the chief representative of the United 

2 States; and 

3 (B) the Committee on Finance of the Sen4 ate and the Committee on Ways and Means of 

5 the House of Representatives with respect to— 

6 (i) reports produced by the United 

7 States Trade Representative; and 

8 (ii) a waiver exercised pursuant to 

9 subsection (f)(2) with respect to any inter10 national organization for which the United 

11 States Trade Representative is the chief 

12 representative of the United States. 

13 (2) SECRETARY.— 

14 (A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the term ‘‘Secretary’’ means 

16 the Secretary of State. 

17 (B) EXCEPTION.—The term ‘‘Secretary’’ 

18 shall mean the United States Trade Represent19 ative with respect to any international organiza20 tion for which the United States Trade Rep21 resentative is the chief representative of the 

22 United States. 

23 (d) REPORT ON DEVELOPMENT STATUS IN CURRENT

24 TREATY NEGOTIATIONS.—Not later than 180 days after 

25 the date of the enactment of this Act, the Secretary shall 
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1 submit a report to the appropriate committees of Congress 

2 that— 

3 (1) identifies all current treaty negotiations in 

4 which— 

5 (A) the proposed treaty would provide for 

6 different treatment or standards for enforce7 ment of the treaty based on respective develop8 ment status of the states that are party to the 

9 treaty; and 

10 (B) the People’s Republic of China is ac11 tively participating in the negotiations, or it is 

12 reasonably foreseeable that the People’s Repub13 lic of China would seek to become a party to 

14 the treaty; and 

15 (2) for each treaty negotiation identified pursu16 ant to paragraph (1), describes how the treaty under 

17 negotiation would provide different treatment or 

18 standards for enforcement of the treaty based on de19 velopment status of the states parties. 

20 (e) REPORT ON DEVELOPMENT STATUS IN EXISTING

21 ORGANIZATIONS AND TREATIES.—Not later than 180 

22 days after the date of the enactment of this Act, the Sec23 retary shall submit a report to the appropriate committees 

24 of Congress that— 
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1 (1) identifies all international organizations or 

2 treaties, of which the United States is a member, 

3 that provide different treatment or standards for en4 forcement based on the respective development sta5 tus of the member states or states parties; 

6 (2) describes the mechanisms for changing the 

7 country designation for each relevant treaty or orga8 nization; and 

9 (3) for each of the organizations or treaties 

10 identified pursuant to paragraph (1)— 

11 (A) includes a list of countries that— 

12 (i) are labeled as developing nations 

13 or receive the benefits of a developing na14 tion under the terms of the organization or 

15 treaty; and 

16 (ii) meet the World Bank classifica17 tion for upper middle income or high-in18 come countries; and 

19 (B) describes how the organization or trea20 ty provides different treatment or standards for 

21 enforcement based on development status of the 

22 member states or states parties. 

23 (f) MECHANISMS FOR CHANGING DEVELOPMENT

24 STATUS.— 
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1 (1) IN GENERAL.—In any international organi2 zation of which the United States and the People’s 

3 Republic of China are both current members, the 

4 Secretary, in consultation with allies and partners of 

5 the United States, shall pursue— 

6 (A) changing the status of the People’s Re7 public of China from developing nation to devel8 oped nation if a mechanism exists in such orga9 nization to make such status change; or 

10 (B) proposing the development of a mecha11 nism described in paragraph (1) to change the 

12 status of the People’s Republic of China in such 

13 organization from developing nation to devel14 oped nation. 

15 (2) WAIVER.—The President may waive the ap16 plication of subparagraph (A) or (B) of paragraph 

17 (1) with respect to any international organization if 

18 the President notifies the appropriate committees of 

19 Congress that such a waiver is in the national inter20 ests of the United States. 

21 SEC. 1399M. SHARING OF INFORMATION WITH RESPECT TO 

22 SUSPECTED VIOLATIONS OF INTELLECTUAL 

23 PROPERTY RIGHTS. 

24 Section 628A of the Tariff Act of 1930 (19 U.S.C. 

25 1628a) is amended— 
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1 (1) in subsection (a)(1), by inserting ‘‘, packing 

2 materials, shipping containers,’’ after ‘‘its pack3 aging’’ each place it appears; and 

4 (2) in subsection (b)— 

5 (A) in paragraph (3), by striking ‘‘; and’’ 

6 and inserting a semicolon; 

7 (B) in paragraph (4), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(5) any other party with an interest in the 

11 merchandise, as determined appropriate by the Com12 missioner.’’. 

13 SEC. 1399N. FOREIGN PORT SECURITY ASSESSMENTS. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘International Port Security Enforcement Act’’. 

16 (b) IN GENERAL.—Section 70108 of title 46, United 

17 States Code, is amended— 

18 (1) in subsection (f)— 

19 (A) in paragraph (1), by striking ‘‘provided 

20 that’’ and all that follows and inserting the fol21 lowing: ‘‘if— 

22 ‘‘(A) the Secretary certifies that the for23 eign government or international organization— 

24 ‘‘(i) has conducted the assessment in 

25 accordance with subsection (b); and 
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1 ‘‘(ii) has provided the Secretary with 

2 sufficient information pertaining to its as3 sessment (including information regarding 

4 the outcome of the assessment); and 

5 ‘‘(B) the foreign government that con6 ducted the assessment is not a state sponsor of 

7 terrorism (as defined in section 3316(h).’’; and 

8 (B) by amending paragraph (3) to read as 

9 follows: 

10 ‘‘(3) LIMITATIONS.—Nothing in this section 

11 may be construed— 

12 ‘‘(A) to require the Secretary to treat an 

13 assessment conducted by a foreign government 

14 or an international organization as an assess15 ment that satisfies the requirement under sub16 section (a); 

17 ‘‘(B) to limit the discretion or ability of the 

18 Secretary to conduct an assessment under this 

19 section; 

20 ‘‘(C) to limit the authority of the Secretary 

21 to repatriate aliens to their respective countries 

22 of origin; or 

23 ‘‘(D) to prevent the Secretary from re24 questing security and safety measures that the 

25 Secretary considers necessary to safeguard 
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1 Coast Guard personnel during the repatriation 

2 of aliens to their respective countries of ori3 gin.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(g) STATE SPONSORS OF TERRORISM AND INTER6 NATIONAL TERRORIST ORGANIZATIONS.—The Sec7 retary— 

8 ‘‘(1) may not enter into an agreement under 

9 subsection (f)(2) with— 

10 ‘‘(A) a foreign government that is a state 

11 sponsor of terrorism; or 

12 ‘‘(B) a foreign terrorist organization; and 

13 ‘‘(2) shall— 

14 ‘‘(A) deem any port that is under the juris15 diction of a foreign government that is a state 

16 sponsor of terrorism as not having effective 

17 antiterrorism measures for purposes of this sec18 tion and section 70109; and 

19 ‘‘(B) immediately apply the sanctions de20 scribed in section 70110(a) to such port.’’. 

21 SEC. 1399O. LEGAL PREPAREDNESS FOR 

22 SERVICEMEMBERS ABROAD. 

23 (a) REVIEW REQUIRED.—Not later than December 

24 31, 2024, the Secretary of State, in coordination with the 

25 Secretary of Defense, shall— 
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1 (1) review the 10 largest foreign countries by 

2 United States Armed Forces presence and evaluate 

3 local legal systems, protections afforded by bilateral 

4 agreements between the United States and countries 

5 being evaluated, and how the rights and privileges 

6 afforded under such agreements may differ from 

7 United States law; and 

8 (2) brief the Committee on Armed Services and 

9 the Committee on Foreign Affairs of the House of 

10 Representatives and the Committee on Armed Serv11 ices and the Committee on Foreign Relations of the 

12 Senate on the findings of the review. 

13 (b) TRAINING REQUIRED.—The Secretary of Defense 

14 shall review and improve as necessary training and edu15 cational materials for members of the Armed Forces, their 

16 spouses, and dependents, as appropriate, who are sta17 tioned in a country reviewed pursuant to subsection (a)(1) 

18 regarding relevant foreign laws, how such foreign laws 

19 may differ from the laws of the United States, and the 

20 rights of accused in common scenarios under such foreign 

21 laws. 

22 (c) TRANSLATION STANDARDS AND READINESS.— 

23 The Secretary of Defense, in coordination with the Sec24 retary of State, shall review foreign language standards 

25 for servicemembers and employees of the Department of 
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1 Defense and Department of State who are responsible for 

2 providing foreign language translation services in situa3 tions involving foreign law enforcement where a service4 member may be being detained, to ensure such persons 

5 maintain an appropriate proficiency in the legal termi6 nology and meaning of essential terms in a relevant lan7 guage. 

8 Subtitle H—Limitation on 

9 Withdrawal From NATO 

10 SEC. 1399AA. OPPOSITION OF CONGRESS TO SUSPENSION, 

11 TERMINATION, DENUNCIATION, OR WITH12 DRAWAL FROM NORTH ATLANTIC TREATY. 

13 The President shall not suspend, terminate, de14 nounce, or withdraw the United States from the North 

15 Atlantic Treaty, done at Washington, DC, April 4, 1949, 

16 except by and with the advice and consent of the Senate, 

17 provided that two-thirds of the Senators present concur, 

18 or pursuant to an Act of Congress. 

19 SEC. 1399BB. LIMITATION ON THE USE OF FUNDS. 

20 No funds authorized or appropriated by any Act may 

21 be used to support, directly or indirectly, any decision on 

22 the part of any United States Government official to sus23 pend, terminate, denounce, or withdraw the United States 

24 from the North Atlantic Treaty, done at Washington, DC, 

25 April 4, 1949, until such time as both the Senate and the 
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1 House of Representatives pass, by an affirmative vote of 

2 two-thirds of Members, a joint resolution approving the 

3 withdrawal of the United States from the treaty, or pursu4 ant to an Act of Congress. 

5 SEC. 1399CC. NOTIFICATION OF TREATY ACTION. 

6 (a) CONSULTATION.—Prior to the notification de7 scribed in subsection (b), the President shall consult with 

8 the Committee on Foreign Relations of the Senate and 

9 the Committee on Foreign Affairs of the House of Rep10 resentatives in relation to any initiative to suspend, termi11 nate, denounce, or withdraw the United States from the 

12 North Atlantic Treaty. 

13 (b) NOTIFICATION.—The President shall notify the 

14 Committee on Foreign Relations of the Senate and the 

15 Committee on Foreign Affairs of the House of Representa16 tives in writing of any deliberation or decision to suspend, 

17 terminate, denounce, or withdraw the United States from 

18 the North Atlantic Treaty, as soon as possible but in no 

19 event later than 180 days prior to taking such action. 

20 SEC. 1399DD. AUTHORIZATION OF LEGAL COUNSEL TO REP21 RESENT CONGRESS. 

22 (a) IN GENERAL.—By adoption of a resolution of the 

23 Senate or the House of Representatives, respectively, the 

24 Senate Legal Counsel or the General Counsel to the House 

25 of Representatives may be authorized to initiate, or inter-
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1 vene in, in the name of the Senate or the House of Rep2 resentatives, as the case may be, independently, or jointly, 

3 any judicial proceedings in any Federal court of competent 

4 jurisdiction in order to oppose any action to suspend, ter5 minate, denounce, or withdraw the United States from the 

6 North Atlantic Treaty in a manner inconsistent with this 

7 subtitle. 

8 (b) CONSIDERATION.—Any resolution or joint resolu9 tion introduced relating to any action to suspend, termi10 nate, denounce or withdraw the United States from the 

11 North Atlantic Treaty and introduced pursuant to section 

12 4(a) of this title shall be considered in accordance with 

13 the procedures of section 601(b) of the International Secu14 rity Assistance and Arms Export Control Act of 1976 

15 (Public Law 94–329; 90 Stat. 765). 

16 SEC. 1399EE. REPORTING REQUIREMENT. 

17 Any legal counsel operating pursuant to section 

18 1299R shall report as soon as practicable to the Com19 mittee on Foreign Relations of the Senate or the Com20 mittee on Foreign Affairs of the House of Representatives 

21 with respect to any judicial proceedings which the Senate 

22 Legal Counsel or the General Counsel to the House of 

23 Representatives, as the case may be, initiates or in which 

24 it intervenes pursuant to section 1299R. 
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1 SEC. 1399FF. RULE OF CONSTRUCTION. 

2 Nothing in this subtitle shall be construed to author3 ize, imply, or otherwise indicate that the President may 

4 suspend, terminate, denounce, or withdraw from any trea5 ty to which the Senate has provided its advice and consent 

6 without the advice and consent of the Senate to such act 

7 or pursuant to an Act of Congress. 

8 SEC. 1399GG. SEVERABILITY. 

9 If any provision of this subtitle or the application of 

10 such provision is held by a Federal court to be unconstitu11 tional, the remainder of this subtitle and the application 

12 of such provisions to any other person or circumstance 

13 shall not be affected thereby. 

14 SEC. 1399HH. DEFINITIONS. 

15 In this subtitle, the terms ‘‘withdrawal’’, ‘‘denuncia16 tion’’, ‘‘suspension’’, and ‘‘termination’’ have the meaning 

17 given the terms in the Vienna Convention on the Law of 

18 Treaties, concluded at Vienna May 23, 1969. 

19 Subtitle I—Combating Global 

20 Corruption 

21 SEC. 1399AAA. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Combating Global 

23 Corruption Act’’. 

24 SEC. 1399BBB. DEFINITIONS. 

25 In this subtitle: 
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1 (1) CORRUPT ACTOR.—The term ‘‘corrupt 

2 actor’’ means— 

3 (A) any foreign person or entity that is a 

4 government official or government entity re5 sponsible for, or complicit in, an act of corrup6 tion; and 

7 (B) any company, in which a person or en8 tity described in subparagraph (A) has a sig9 nificant stake, which is responsible for, or 

10 complicit in, an act of corruption. 

11 (2) CORRUPTION.—The term ‘‘corruption’’ 

12 means the unlawful exercise of entrusted public 

13 power for private gain, including by bribery, nepo14 tism, fraud, or embezzlement. 

15 (3) SIGNIFICANT CORRUPTION.—The term ‘‘sig16 nificant corruption’’ means corruption committed at 

17 a high level of government that has some or all of 

18 the following characteristics: 

19 (A) Illegitimately distorts major decision20 making, such as policy or resource determina21 tions, or other fundamental functions of govern22 ance. 

23 (B) Involves economically or socially large24 scale government activities. 
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1 SEC. 1399CCC. PUBLICATION OF TIERED RANKING LIST. 

2 (a) IN GENERAL.—The Secretary of State shall an3 nually publish, on a publicly accessible website, a tiered 

4 ranking of all foreign countries. 

5 (b) TIER 1 COUNTRIES.—A country shall be ranked 

6 as a tier 1 country in the ranking published under sub7 section (a) if the government of such country is complying 

8 with the minimum standards set forth in section 1299R. 

9 (c) TIER 2 COUNTRIES.—A country shall be ranked 

10 as a tier 2 country in the ranking published under sub11 section (a) if the government of such country is making 

12 efforts to comply with the minimum standards set forth 

13 in section 1299R, but is not achieving the requisite level 

14 of compliance to be ranked as a tier 1 country. 

15 (d) TIER 3 COUNTRIES.—A country shall be ranked 

16 as a tier 3 country in the ranking published under sub17 section (a) if the government of such country is making 

18 de minimis or no efforts to comply with the minimum 

19 standards set forth in section 1299R. 

20 SEC. 1399DDD. MINIMUM STANDARDS FOR THE ELIMI21 NATION OF CORRUPTION AND ASSESSMENT 

22 OF EFFORTS TO COMBAT CORRUPTION. 

23 (a) IN GENERAL.—The government of a country is 

24 complying with the minimum standards for the elimi25 nation of corruption if the government— 
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1 (1) has enacted and implemented laws and es2 tablished government structures, policies, and prac3 tices that prohibit corruption, including significant 

4 corruption; 

5 (2) enforces the laws described in paragraph (1) 

6 by punishing any person who is found, through a 

7 fair judicial process, to have violated such laws; 

8 (3) prescribes punishment for significant cor9 ruption that is commensurate with the punishment 

10 prescribed for serious crimes; and 

11 (4) is making serious and sustained efforts to 

12 address corruption, including through prevention. 

13 (b) FACTORS FOR ASSESSING GOVERNMENT EF14 FORTS TO COMBAT CORRUPTION.—In determining wheth15 er a government is making serious and sustained efforts 

16 to address corruption, the Secretary of State shall con17 sider, to the extent relevant or appropriate, factors such 

18 as— 

19 (1) whether the government of the country has 

20 criminalized corruption, investigates and prosecutes 

21 acts of corruption, and convicts and sentences per22 sons responsible for such acts over which it has ju23 risdiction, including, as appropriate, incarcerating 

24 individuals convicted of such acts; 
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1 (2) whether the government of the country vig2 orously investigates, prosecutes, convicts, and sen3 tences public officials who participate in or facilitate 

4 corruption, including nationals of the country who 

5 are deployed in foreign military assignments, trade 

6 delegations abroad, or other similar missions, who 

7 engage in or facilitate significant corruption; 

8 (3) whether the government of the country has 

9 adopted measures to prevent corruption, such as 

10 measures to inform and educate the public, including 

11 potential victims, about the causes and consequences 

12 of corruption; 

13 (4) what steps the government of the country 

14 has taken to prohibit government officials from par15 ticipating in, facilitating, or condoning corruption, 

16 including the investigation, prosecution, and convic17 tion of such officials; 

18 (5) the extent to which the country provides ac19 cess, or, as appropriate, makes adequate resources 

20 available, to civil society organizations and other in21 stitutions to combat corruption, including reporting, 

22 investigating, and monitoring; 

23 (6) whether an independent judiciary or judicial 

24 body in the country is responsible for, and effectively 

25 capable of, deciding corruption cases impartially, on 
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1 the basis of facts and in accordance with the law, 

2 without any improper restrictions, influences, in3 ducements, pressures, threats, or interferences (di4 rect or indirect); 

5 (7) whether the government of the country is 

6 assisting in international investigations of 

7 transnational corruption networks and in other coop8 erative efforts to combat significant corruption, in9 cluding, as appropriate, cooperating with the govern10 ments of other countries to extradite corrupt actors; 

11 (8) whether the government of the country rec12 ognizes the rights of victims of corruption, ensures 

13 their access to justice, and takes steps to prevent 

14 victims from being further victimized or persecuted 

15 by corrupt actors, government officials, or others; 

16 (9) whether the government of the country pro17 tects victims of corruption or whistleblowers from re18 prisal due to such persons having assisted in expos19 ing corruption, and refrains from other discrimina20 tory treatment of such persons; 

21 (10) whether the government of the country is 

22 willing and able to recover and, as appropriate, re23 turn the proceeds of corruption; 

24 (11) whether the government of the country is 

25 taking steps to implement financial transparency 
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1 measures in line with the Financial Action Task 

2 Force recommendations, including due diligence and 

3 beneficial ownership transparency requirements; 

4 (12) whether the government of the country is 

5 facilitating corruption in other countries in connec6 tion with state-directed investment, loans or grants 

7 for major infrastructure, or other initiatives; and 

8 (13) such other information relating to corrup9 tion as the Secretary of State considers appropriate. 

10 (c) ASSESSING GOVERNMENT EFFORTS TO COMBAT

11 CORRUPTION IN RELATION TO RELEVANT INTER12 NATIONAL COMMITMENTS.—In determining whether a 

13 government is making serious and sustained efforts to ad14 dress corruption, the Secretary of State shall consider the 

15 government of a country’s compliance with the following, 

16 as relevant: 

17 (1) The Inter-American Convention against 

18 Corruption of the Organization of American States, 

19 done at Caracas March 29, 1996. 

20 (2) The Convention on Combating Bribery of 

21 Foreign Public Officials in International Business 

22 Transactions of the Organisation of Economic Co23 operation and Development, done at Paris December 

24 21, 1997 (commonly referred to as the ‘‘Anti-Brib25 ery Convention’’). 
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1 (3) The United Nations Convention against 

2 Transnational Organized Crime, done at New York 

3 November 15, 2000. 

4 (4) The United Nations Convention against 

5 Corruption, done at New York October 31, 2003. 

6 (5) Such other treaties, agreements, and inter7 national standards as the Secretary of State con8 siders appropriate. 

9 SEC. 1399EEE. IMPOSITION OF SANCTIONS UNDER GLOBAL 

10 MAGNITSKY HUMAN RIGHTS ACCOUNT11 ABILITY ACT. 

12 (a) IN GENERAL.—The Secretary of State, in coordi13 nation with the Secretary of the Treasury, should evaluate 

14 whether there are foreign persons engaged in significant 

15 corruption for the purposes of potential imposition of 

16 sanctions under the Global Magnitsky Human Rights Ac17 countability Act (subtitle F of title XII of Public Law 

18 114–328; 22 U.S.C. 2656 note)— 

19 (1) in all countries identified as tier 3 countries 

20 under section 1299Q(d); or 

21 (2) in relation to the planning or construction 

22 or any operation of the Nord Stream 2 pipeline. 

23 (b) REPORT REQUIRED.—Not later than 180 days 

24 after publishing the list required by section 1299Q(a) and 

25 annually thereafter, the Secretary of State shall submit 
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1 to the committees specified in subsection (e) a report that 

2 includes— 

3 (1) a list of foreign persons with respect to 

4 which the President imposed sanctions pursuant to 

5 the evaluation under subsection (a); 

6 (2) the dates on which such sanctions were im7 posed; 

8 (3) the reasons for imposing such sanctions; 

9 and 

10 (4) a list of all foreign persons that have been 

11 engaged in significant corruption in relation to the 

12 planning, construction, or operation of the Nord 

13 Stream 2 pipeline. 

14 (c) FORM OF REPORT.—Each report required by sub15 section (b) shall be submitted in unclassified form but may 

16 include a classified annex. 

17 (d) BRIEFING IN LIEU OF REPORT.—The Secretary 

18 of State, in coordination with the Secretary of the Treas19 ury, may (except with respect to the list required by sub20 section (b)(4)) provide a briefing to the committees speci21 fied in subsection (e) instead of submitting a written re22 port required under subsection (b), if doing so would bet23 ter serve existing United States anti-corruption efforts or 

24 the national interests of the Untied States. 
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1 (e) TERMINATION OF REQUIREMENTS RELATING TO

2 NORD STREAM 2.—The requirements under subsections 

3 (a)(2) and (b)(4) shall terminate on the date that is 5 

4 years after the date of the enactment of this Act. 

5 (f) COMMITTEES SPECIFIED.—The committees speci6 fied in this subsection are— 

7 (1) the Committee on Foreign Relations, the 

8 Committee on Appropriations, the Committee on 

9 Banking, Housing, and Urban Affairs, and the Com10 mittee on the Judiciary of the Senate; and 

11 (2) the Committee on Foreign Affairs, the 

12 Committee on Appropriations, the Committee on Fi13 nancial Services, and the Committee on the Judici14 ary of the House of Representatives. 

15 SEC. 1399FFF. DESIGNATION OF EMBASSY ANTI-CORRUP16 TION POINTS OF CONTACT. 

17 (a) IN GENERAL.—The Secretary of State shall an18 nually designate an anti-corruption point of contact at the 

19 United States diplomatic post to each country identified 

20 as tier 2 or tier 3 under section 1299Q, or which the Sec21 retary otherwise determines is in need of such a point of 

22 contact. The point of contact shall be the chief of mission 

23 or the chief of mission’s designee. 

24 (b) RESPONSIBILITIES.—Each anti-corruption point 

25 of contact designated under subsection (a) shall be respon-
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1 sible for enhancing coordination and promoting the imple2 mentation of a whole-of-government approach among the 

3 relevant Federal departments and agencies undertaking 

4 efforts to— 

5 (1) promote good governance in foreign coun6 tries; and 

7 (2) enhance the ability of such countries— 

8 (A) to combat public corruption; and 

9 (B) to develop and implement corruption 

10 risk assessment tools and mitigation strategies. 

11 (c) TRAINING.—The Secretary of State shall imple12 ment appropriate training for anti-corruption points of 

13 contact designated under subsection (a). 

14 Subtitle J—International Children 

15 With Disabilities Protection 

16 SEC. 1399AAAA. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘International Chil18 dren with Disabilities Protection Act of 2023’’. 

19 SEC. 1399BBBB. SENSE OF CONGRESS. 

20 It is the sense of Congress that— 

21 (1) stigma and discrimination against children 

22 with disabilities, particularly intellectual and other 

23 developmental disabilities, and lack of support for 

24 community inclusion have left people with disabilities 
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1 and their families economically and socially 

2 marginalized; 

3 (2) organizations of persons with disabilities 

4 and family members of persons with disabilities are 

5 often too small to apply for or obtain funds from do6 mestic or international sources or ineligible to re7 ceive funds from such sources; 

8 (3) as a result of the factors described in para9 graphs (1) and (2), key stakeholders have often been 

10 left out of public policymaking on matters that af11 fect children with disabilities; and 

12 (4) financial support, technical assistance, and 

13 active engagement of persons with disabilities and 

14 their families is needed to ensure the development of 

15 effective policies that protect families, ensure the full 

16 inclusion in society of children with disabilities, and 

17 promote the ability of persons with disabilities to live 

18 in the community with choices equal to others. 

19 SEC. 1399CCCC. DEFINITIONS. 

20 In this subtitle: 

21 (1) DEPARTMENT.—The term ‘‘Department’’ 

22 means the Department of State. 

23 (2) ELIGIBLE IMPLEMENTING PARTNER.—The 

24 term ‘‘eligible implementing partner’’ means a non-
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1 governmental organization or other civil society or2 ganization that— 

3 (A) has the capacity to administer grants 

4 directly or through subgrants that can be effec5 tively used by local organizations of persons 

6 with disabilities; and 

7 (B) has international expertise in the 

8 rights of persons with disabilities, including 

9 children with disabilities and their families. 

10 (3) ORGANIZATION OF PERSONS WITH DISABIL11 ITIES.—The term ‘‘organization of persons with dis12 abilities’’ means a nongovernmental civil society or13 ganization run by and for persons with disabilities 

14 and families of children with disabilities. 

15 SEC. 1399DDDD. STATEMENT OF POLICY. 

16 It is the policy of the United States to— 

17 (1) assist partner countries in developing poli18 cies and programs that recognize, support, and pro19 tect the civil and political rights of and enjoyment 

20 of fundamental freedoms by persons with disabilities, 

21 including children, such that the latter may grow 

22 and thrive in supportive family environments and 

23 make the transition to independent living as adults; 

24 (2) promote the development of advocacy and 

25 leadership skills among persons with disabilities and 
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1 their families in a manner that enables effective civic 

2 engagement, including at the local, national, and re3 gional levels, and promote policy reforms and pro4 grams that support full economic and civic inclusion 

5 of persons with disabilities and their families; 

6 (3) promote the development of laws and poli7 cies that— 

8 (A) strengthen families and protect against 

9 the unnecessary institutionalization of children 

10 with disabilities; and 

11 (B) create opportunities for children and 

12 youth with disabilities to access the resources 

13 and support needed to achieve their full poten14 tial to live independently in the community with 

15 choices equal to others; 

16 (4) promote the participation of persons with 

17 disabilities and their families in advocacy efforts and 

18 legal frameworks to recognize, support, and protect 

19 the civil and political rights of and enjoyment of fun20 damental freedoms by persons with disabilities; and 

21 (5) promote the sustainable action needed to 

22 bring about changes in law, policy, and programs to 

23 ensure full family inclusion of children with disabil24 ities and the transition of children with disabilities 

25 to independent living as adults. 
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1 SEC. 1399EEEE. INTERNATIONAL CHILDREN WITH DISABIL2 ITIES PROTECTION PROGRAM AND CAPACITY 

3 BUILDING. 

4 (a) INTERNATIONAL CHILDREN WITH DISABILITIES

5 PROTECTION PROGRAM.— 

6 (1) IN GENERAL.—There is authorized to be es7 tablished within the Department of State a program 

8 to be known as the ‘‘International Children with 

9 Disabilities Protection Program’’ (in this section re10 ferred to as the ‘‘Program’’) to carry out the policy 

11 described in øsection l4¿. 

12 (2) CRITERIA.—In carrying out the Program 

13 under this section, the Secretary of State, in con14 sultation with leading civil society groups with exper15 tise in the protection of civil and political rights of 

16 and enjoyment of fundamental freedoms by persons 

17 with disabilities, may establish criteria for priority 

18 activities under the Program in selected countries. 

19 (3) DISABILITY INCLUSION GRANTS.—The Sec20 retary of State may award grants to eligible imple21 menting partners to administer grant amounts di22 rectly or through subgrants. 

23 (4) SUBGRANTS.—An eligible implementing 

24 partner that receives a grant under paragraph (3) 

25 should provide subgrants and, in doing so, shall 

26 prioritize local organizations of persons with disabil-
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1 ities working within a focus country or region to ad2 vance the policy described in øsection l4¿. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—Of funds made available in 

5 fiscal years 2024 through 2029 to carry out the pur6 poses of the Foreign Assistance Act of 1961 (22 

7 U.S.C. 2151 et seq), there are authorized to be ap8 propriated to carry out this subtitle amounts as fol9 lows: 

10 (A) $2,000,000 for fiscal year 2024. 

11 (B) $5,000,000 for each of fiscal years 

12 2025 through 2029. 

13 (2) CAPACITY-BUILDING AND TECHNICAL AS14 SISTANCE PROGRAMS.—Of the amounts authorized 

15 to be appropriated by paragraph (1), not less than 

16 $1,000,000 for each of fiscal years 2024 through 

17 2029 should be available for capacity-building and 

18 technical assistance programs to— 

19 (A) develop the leadership skills of persons 

20 with disabilities, legislators, policymakers, and 

21 service providers in the planning and implemen22 tation of programs to advance the policy de23 scribed in øsection l4¿; 

24 (B) increase awareness of successful mod25 els of the promotion of civil and political rights 
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1 and fundamental freedoms, family support, and 

2 economic and civic inclusion among organiza3 tions of persons with disabilities and allied civil 

4 society advocates, attorneys, and professionals 

5 to advance the policy described in øsection 

6 l4¿; and 

7 (C) create online programs to train policy8 makers, advocates, and other individuals on 

9 successful models to advance reforms, services, 

10 and protection measures that enable children 

11 with disabilities to live within supportive family 

12 environments and become full participants in 

13 society, which— 

14 (i) are available globally; 

15 (ii) offer low-cost or no-cost training 

16 accessible to persons with disabilities, fam17 ily members of such persons, and other in18 dividuals with potential to offer future 

19 leadership in the advancement of the goals 

20 of family inclusion, transition to inde21 pendent living as adults, and protection 

22 measures for children with disabilities; and 

23 (iii) should be targeted to government 

24 policymakers, advocates, and other poten-
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1 tial allies and supporters among civil soci2 ety groups. 

3 SEC. 1399FFFF. ANNUAL REPORT ON IMPLEMENTATION. 

4 (a) ANNUAL REPORT REQUIRED.— 

5 (1) IN GENERAL.—Not less frequently than an6 nually through fiscal year 2029, the Secretary of 

7 State shall submit to the Committee on Foreign Re8 lations and the Committee on Appropriations of the 

9 Senate and the Committee on Foreign Affairs and 

10 the Committee on Appropriations of the House of 

11 Representatives a report on— 

12 (A) the programs and activities carried out 

13 to advance the policy described in øsection 

14 l4¿; and 

15 (B) any broader work of the Department 

16 in advancing that policy. 

17 (2) ELEMENTS.—Each report required by para18 graph (1) shall include, with respect to each pro19 gram carried out under øsection l5¿— 

20 (A) the rationale for the country and pro21 gram selection; 

22 (B) the goals and objectives of the pro23 gram, and the kinds of participants in the ac24 tivities and programs supported; 
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1 (C) a description of the types of technical 

2 assistance and capacity building provided; and 

3 (D) an identification of any gaps in fund4 ing or support needed to ensure full participa5 tion of organizations of persons with disabilities 

6 or inclusion of children with disabilities in the 

7 program. 

8 (3) CONSULTATION.—In preparing each report 

9 required by paragraph (1), the Secretary of State 

10 shall consult with organizations of persons with dis11 abilities. 

12 SEC. 1399GGGG. PROMOTING INTERNATIONAL PROTEC13 TION AND ADVOCACY FOR CHILDREN WITH 

14 DISABILITIES. 

15 (a) SENSE OF CONGRESS ON PROGRAMMING AND

16 PROGRAMS.—It is the sense of Congress that— 

17 (1) all programming of the Department and the 

18 United States Agency for International Development 

19 related to health systems strengthening, primary and 

20 secondary education, and the protection of civil and 

21 political rights of persons with disabilities should 

22 seek to be consistent with the policy described in 

23 øsection l4¿; and 
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1 (2) programs of the Department and the 

2 United States Agency for International Development 

3 related to children, global health, and education— 

4 (A) should— 

5 (i) engage organizations of persons 

6 with disabilities in policymaking and pro7 gram implementation; and 

8 (ii) support full inclusion of children 

9 with disabilities in families; and 

10 (B) should aim to avoid support for resi11 dential institutions for children with disabilities 

12 except in situations of conflict or emergency in 

13 a manner that protects family connections as 

14 described in subsection (b). 

15 (b) SENSE OF CONGRESS ON CONFLICT AND EMER16 GENCIES.—It is the sense of Congress that— 

17 (1) programs of the Department and the 

18 United States Agency for International Development 

19 serving children in situations of conflict or emer20 gency, among displaced or refugee populations, or in 

21 natural disasters should seek to ensure that children 

22 with and without disabilities can maintain family 

23 ties; and 

24 (2) in situations of emergency, if children are 

25 separated from parents or have no family, every ef-
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1 fort should be made to ensure that children are 

2 placed with extended family, in kinship care, or in 

3 an adoptive or foster family. 

4 Subtitle K—Western Hemisphere 

5 Partnership Act of 2023 

6 SEC. 1399AAAAA. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Western Hemi8 sphere Partnership Act of 2023’’. 

9 SEC. 1399BBBBB. UNITED STATES POLICY IN THE WESTERN 

10 HEMISPHERE. 

11 It is the policy of the United States to promote eco12 nomic competitiveness, democratic governance, and secu13 rity in the Western Hemisphere by— 

14 (1) encouraging stronger economic relations, re15 spect for property rights, the rule of law, and en16 forceable investment rules and labor and environ17 mental standards; 

18 (2) advancing the principles and practices ex19 pressed in the Charter of the Organization of Amer20 ican States, the American Declaration on the Rights 

21 and Duties of Man, and the Inter-American Demo22 cratic Charter; and 

23 (3) enhancing the capacity and technical capa24 bilities of democratic partner nation government in-
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1 stitutions, including civilian law enforcement, the ju2 diciary, attorneys general, and security forces. 

3 SEC. 1399CCCCC. PROMOTING SECURITY AND THE RULE OF 

4 LAW IN THE WESTERN HEMISPHERE. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the United States should strengthen security 

7 cooperation with democratic partner nations in the West8 ern Hemisphere to promote a secure hemisphere and to 

9 address the negative impacts of transnational criminal or10 ganizations and malign external state actors. 

11 (b) COLLABORATIVE EFFORTS.—The Secretary of 

12 State, in coordination with the heads of other relevant 

13 Federal agencies, should support the improvement of secu14 rity conditions and the rule of law in the Western Hemi15 sphere through collaborative efforts with democratic part16 ners that— 

17 (1) enhance the institutional capacity and tech18 nical capabilities of defense and security institutions 

19 in democratic partner nations to conduct national or 

20 regional security missions, including through regular 

21 bilateral and multilateral engagements, foreign mili22 tary sales and financing, international military edu23 cation and training programs, expanding the Na24 tional Guard State Partnership Programs, and other 

25 means; 
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1 (2) provide technical assistance and material 

2 support (including, as appropriate, radars, vessels, 

3 and communications equipment) to relevant security 

4 forces to disrupt, degrade, and dismantle organiza5 tions involved in the illicit trafficking of narcotics 

6 and precursor chemicals, transnational criminal ac7 tivities, illicit mining, and illegal, unreported, and 

8 unregulated fishing, and other illicit activities; 

9 (3) enhance the institutional capacity, legit10 imacy, and technical capabilities of relevant civilian 

11 law enforcement, attorneys general, and judicial in12 stitutions to— 

13 (A) strengthen the rule of law and trans14 parent governance; 

15 (B) combat corruption and kleptocracy in 

16 the region; and 

17 (C) improve regional cooperation to dis18 rupt, degrade, and dismantle transnational or19 ganized criminal networks and terrorist organi20 zations, including through training, 

21 anticorruption initiatives, anti-money laun22 dering programs, and strengthening cyber capa23 bilities and resources; 

24 (4) enhance port management and maritime se25 curity partnerships and airport management and 
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1 aviation security partnerships to disrupt, degrade, 

2 and dismantle transnational criminal networks and 

3 facilitate the legitimate flow of people, goods, and 

4 services; 

5 (5) strengthen cooperation to improve border 

6 security across the Western Hemisphere, dismantle 

7 human smuggling and trafficking networks, and in8 crease cooperation to demonstrably strengthen mi9 gration management systems; 

10 (6) counter the malign influence of state and 

11 non-state actors and disinformation campaigns; 

12 (7) disrupt illicit domestic and transnational fi13 nancial networks; 

14 (8) foster mechanisms for cooperation on emer15 gency preparedness and rapid recovery from natural 

16 disasters, including by— 

17 (A) supporting regional preparedness, re18 covery, and emergency management centers to 

19 facilitate rapid response to survey and help 

20 maintain planning on regional disaster antici21 pated needs and possible resources; 

22 (B) training disaster recovery officials on 

23 latest techniques and lessons learned from 

24 United States experiences; 
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1 (C) making available, preparing, and 

2 transferring on-hand nonlethal supplies, and 

3 providing training on the use of such supplies, 

4 for humanitarian or health purposes to respond 

5 to unforeseen emergencies; and 

6 (D) conducting medical support operations 

7 and medical humanitarian missions, such as 

8 hospital ship deployments and base-operating 

9 services, to the extent required by the oper10 ation; 

11 (9) foster regional mechanisms for early warn12 ing and response to pandemics in the Western 

13 Hemisphere, including through— 

14 (A) improved cooperation with and re15 search by the United States Centers for Disease 

16 Control and Prevention through regional pan17 demic response centers; 

18 (B) personnel exchanges for technology 

19 transfer and skills development; and 

20 (C) surveying and mapping of health net21 works to build local health capacity; 

22 (10) promote the meaningful participation of 

23 women across all political processes, including con24 flict prevention and conflict resolution and post-con25 flict relief and recovery efforts; and 
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1 (11) hold accountable actors that violate polit2 ical and civil rights. 

3 (c) LIMITATIONS ON USE OF TECHNOLOGIES.— 

4 Operational technologies transferred pursuant to sub5 section (b) to partner governments for intelligence, de6 fense, or law enforcement purposes shall be used solely 

7 for the purposes for which the technology was intended. 

8 The United States shall take all necessary steps to ensure 

9 that the use of such operational technologies is consistent 

10 with United States law, including protections of freedom 

11 of expression, freedom of movement, and freedom of asso12 ciation. 

13 (d) STRATEGY.— 

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date of the enactment of this Act, the Sec16 retary of State, in coordination with the heads of 

17 other relevant Federal agencies, shall submit to the 

18 Committee on Foreign Relations of the Senate and 

19 the Committee on Foreign Affairs of the House of 

20 Representatives a 5-year strategy to promote secu21 rity and the rule of law in the Western Hemisphere 

22 in accordance to this section. 

23 (2) ELEMENTS.—The strategy required under 

24 paragraph (1) shall include the following elements: 
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1 (A) A detailed assessment of the resources 

2 required to carry out such collaborative efforts. 

3 (B) Annual benchmarks to track progress 

4 and obstacles in undertaking such collaborative 

5 efforts. 

6 (C) A public diplomacy component to en7 gage the people of the Western Hemisphere 

8 with the purpose of demonstrating that the se9 curity of their countries is enhanced to a great10 er extent through alignment with the United 

11 States and democratic values rather than with 

12 authoritarian countries such as the People’s Re13 public of China, the Russian Federation, and 

14 the Islamic Republic of Iran. 

15 (3) BRIEFING.—Not later than 1 year after 

16 submission of the strategy required under paragraph 

17 (1), and annually thereafter, the Secretary of State 

18 shall provide to the Committee on Foreign Relations 

19 of the Senate and the Committee on Foreign Affairs 

20 of the House of Representatives a briefing on the 

21 implementation of the strategy. 
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1 SEC. 1399DDDDD. PROMOTING DIGITALIZATION AND CY2 BERSECURITY IN THE WESTERN HEMI3 SPHERE. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the United States should support digitalization 

6 and expand cybersecurity cooperation in the Western 

7 Hemisphere to promote regional economic prosperity and 

8 security. 

9 (b) PROMOTION OF DIGITALIZATION AND CYBERSE10 CURITY.—The Secretary of State, in coordination with the 

11 heads of other relevant Federal agencies, should promote 

12 digitalization and cybersecurity in the Western Hemi13 sphere through collaborative efforts with democratic part14 ners that— 

15 (1) promote digital connectivity and facilitate e16 commerce by expanding access to information and 

17 communications technology (ICT) supply chains that 

18 adhere to high-quality security and reliability stand19 ards, including— 

20 (A) to open market access on a national 

21 treatment, nondiscriminatory basis; and 

22 (B) to strengthen the cybersecurity and 

23 cyber resilience of partner countries; 

24 (2) advance the provision of digital government 

25 services (e-government) that, to the greatest extent 

26 possible, promote transparency, lower business costs, 
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1 and expand citizens’ access to public services and 

2 public information; and 

3 (3) develop robust cybersecurity partnerships 

4 to— 

5 (A) promote the inclusion of components 

6 and architectures in information and commu7 nications technology (ICT) supply chains from 

8 participants in initiatives that adhere to high9 quality security and reliability standards; 

10 (B) share best practices to mitigate cyber 

11 threats to critical infrastructure from ICT ar12 chitectures by technology providers that supply 

13 equipment and services covered under section 2 

14 of the Secure and Trusted Communications 

15 Networks Act of 2019 (47 U.S.C. 1601); 

16 (C) effectively respond to cybersecurity 

17 threats, including state-sponsored threats; and 

18 (D) to strengthen resilience against 

19 cyberattacks and cybercrime. 

20 SEC. 1399EEEEE. PROMOTING ECONOMIC AND COMMER21 CIAL PARTNERSHIPS IN THE WESTERN HEMI22 SPHERE. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that the United States should enhance economic and 

25 commercial ties with democratic partners to promote pros-
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1 perity in the Western Hemisphere by modernizing and 

2 strengthening trade capacity-building and trade facilita3 tion initiatives, encouraging market-based economic re4 forms that enable inclusive economic growth, strength5 ening labor and environmental standards, addressing eco6 nomic disparities of women, and encouraging transparency 

7 and adherence to the rule of law in investment dealings. 

8 (b) IN GENERAL.—The Secretary of State, in coordi9 nation with the United States Trade Representative, the 

10 Chief Executive Officer of the Development Finance Cor11 poration, and the heads of other relevant Federal agencies, 

12 should support the improvement of economic conditions in 

13 the Western Hemisphere through collaborative efforts with 

14 democratic partners that— 

15 (1) facilitate a more open, transparent, and 

16 competitive environment for United States busi17 nesses and promote robust and comprehensive trade 

18 capacity-building and trade facilitation by— 

19 (A) reducing trade and nontariff barriers 

20 between the countries in the region, establishing 

21 a mechanism for pursuing Mutual Recognition 

22 Agreements and Formalized Regulatory Co23 operation Agreements in priority sectors of the 

24 economy; 
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1 (B) establishing a forum for discussing 

2 and evaluating technical and other assistance 

3 needs to help establish streamlined ‘‘single win4 dow’’ processes to facilitate movement of goods 

5 and common customs arrangements and proce6 dures to lower costs of goods in transit and 

7 speed to destination; 

8 (C) building relationships and exchanges 

9 between relevant regulatory bodies in the 

10 United States and democratic partners in the 

11 Western Hemisphere to promote best practices 

12 and transparency in rulemaking, implementa13 tion, and enforcement, and provide training and 

14 assistance to help improve supply chain man15 agement in the Western Hemisphere; 

16 (D) establishing regional fora for identi17 fying, raising, and addressing supply chain 

18 management issues, including infrastructure 

19 needs and strengthening of investment rules 

20 and regulatory frameworks; 

21 (E) establishing a dedicated program of 

22 trade missions and reverse trade missions to in23 crease commercial contacts and ties between the 

24 United States and Western Hemisphere partner 

25 countries; and 
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1 (F) strengthening labor and environmental 

2 standards in the region; 

3 (2) establish frameworks or mechanisms to re4 view and address the long-term financial sustain5 ability and national security implications of foreign 

6 investments in strategic sectors or services; 

7 (3) establish competitive and transparent infra8 structure project selection and procurement proc9 esses that promote transparency, open competition, 

10 financial sustainability, and robust adherence to 

11 global standards and norms; and 

12 (4) advance robust and comprehensive energy 

13 production and integration, including through a 

14 more open, transparent, and competitive environ15 ment for United States companies competing in the 

16 Western Hemisphere, including by— 

17 (A) facilitating further development of in18 tegrated regional energy markets; 

19 (B) improving management of grids, in20 cluding technical capability to ensure the 

21 functionality, safe and responsible management, 

22 and quality of service of electricity providers, 

23 carriers, and management and distribution sys24 tems; 
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1 (C) facilitating private sector-led develop2 ment of reliable and affordable power genera3 tion capacity; 

4 (D) establishing a process for surveying 

5 grid capacity and management focused on iden6 tifying electricity service efficiencies and estab7 lishing cooperative mechanisms for providing 

8 technical assistance for— 

9 (i) grid management, power pricing, 

10 and tariff issues; 

11 (ii) establishing and maintaining ap12 propriate regulatory best practices; and 

13 (iii) proposals to establish regional 

14 power grids for the purpose of promoting 

15 the sale of excess supply to consumers 

16 across borders; 

17 (E) assessing the viability and effectiveness 

18 of decentralizing power production and trans19 mission and building micro-grid power networks 

20 to improve, when feasible, access to electricity, 

21 particularly in rural and underserved commu22 nities where centralized power grid connections 

23 may not be feasible in the short to medium 

24 term; and 
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1 (F) exploring opportunities to partner with 

2 the private sector and multilateral institutions, 

3 such as the World Bank and the Inter-Amer4 ican Development Bank, to promote universal 

5 access to reliable and affordable electricity in 

6 the Western Hemisphere. 

7 SEC. 1399FFFFF. PROMOTING TRANSPARENCY AND DEMO8 CRATIC GOVERNANCE IN THE WESTERN 

9 HEMISPHERE. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that the United States should support efforts to 

12 strengthen the capacity and legitimacy of democratic insti13 tutions and inclusive processes in the Western Hemisphere 

14 to promote a more transparent, democratic, and pros15 perous region. 

16 (b) IN GENERAL.—The Secretary of State, in coordi17 nation with the Administrator of the United States Agen18 cy for International Development and heads of other rel19 evant Federal agencies, should support transparent, ac20 countable, and democratic governance in the Western 

21 Hemisphere through collaborative efforts with democratic 

22 partners that— 

23 (1) strengthen the capacity of national electoral 

24 institutions to ensure free, fair, and transparent 

25 electoral processes, including through pre-election 
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1 assessment missions, technical assistance, and inde2 pendent local and international election monitoring 

3 and observation missions; 

4 (2) enhance the capabilities of democratically 

5 elected national legislatures, parliamentary bodies, 

6 and autonomous regulatory institutions to conduct 

7 oversight; 

8 (3) strengthen the capacity of subnational gov9 ernment institutions to govern in a transparent, ac10 countable, and democratic manner, including 

11 through training and technical assistance; 

12 (4) combat corruption at local and national lev13 els, including through trainings, cooperation agree14 ments, initiatives aimed at dismantling corrupt net15 works, and political support for bilateral or multilat16 eral anticorruption mechanisms that strengthen at17 torneys general and prosecutors’ offices; 

18 (5) strengthen the capacity of civil society to 

19 conduct oversight of government institutions, build 

20 the capacity of independent professional journalism, 

21 facilitate substantive dialogue with government and 

22 the private sector to generate issue-based policies, 

23 and mobilize local resources to carry out such activi24 ties; 
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1 (6) promote the meaningful and significant par2 ticipation of women in democratic processes, includ3 ing in national and subnational government and civil 

4 society; and 

5 (7) support the creation of procedures for the 

6 Organization of American States (OAS) to create an 

7 annual forum for democratically elected national leg8 islatures from OAS member States to discuss issues 

9 of hemispheric importance, as expressed in section 4 

10 of the Organization of American States Legislative 

11 Engagement Act of 2020 (Public Law 116–343). 

12 SEC. 1399GGGGG. INVESTMENT, TRADE, AND DEVELOP13 MENT IN AFRICA AND LATIN AMERICA AND 

14 THE CARIBBEAN. 

15 (a) STRATEGY REQUIRED.— 

16 (1) IN GENERAL.—The President shall establish 

17 a comprehensive United States strategy for public 

18 and private investment, trade, and development in 

19 Africa and Latin America and the Caribbean. 

20 (2) FOCUS OF STRATEGY.—The strategy re21 quired by paragraph (1) shall focus on increasing ex22 ports of United States goods and services to Africa 

23 and Latin America and the Caribbean by 200 per24 cent in real dollar value by the date that is 10 years 

25 after the date of the enactment of this Act. 
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1 (3) CONSULTATIONS.—In developing the strat2 egy required by paragraph (1), the President shall 

3 consult with— 

4 (A) Congress; 

5 (B) each agency that is a member of the 

6 Trade Promotion Coordinating Committee; 

7 (C) the relevant multilateral development 

8 banks, in coordination with the Secretary of the 

9 Treasury and the respective United States Ex10 ecutive Directors of such banks; 

11 (D) each agency that participates in the 

12 Trade Policy Staff Committee established; 

13 (E) the President’s Export Council; 

14 (F) each of the development agencies; 

15 (G) any other Federal agencies with re16 sponsibility for export promotion or financing 

17 and development; and 

18 (H) the private sector, including busi19 nesses, nongovernmental organizations, and Af20 rican and Latin American and Caribbean dias21 pora groups. 

22 (4) SUBMISSION TO APPROPRIATE CONGRES23 SIONAL COMMITTEES.— 

24 (A) STRATEGY.—Not later than 200 days 

25 after the date of the enactment of this Act, the 
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1 President shall submit to Congress the strategy 

2 required by subsection (a). 

3 (B) PROGRESS REPORT.—Not later than 3 

4 years after the date of the enactment of this 

5 Act, the President shall submit to Congress a 

6 report on the implementation of the strategy re7 quired by paragraph (1). 

8 (b) SPECIAL AFRICA AND LATIN AMERICA AND THE

9 CARIBBEAN EXPORT STRATEGY COORDINATORS.—The 

10 Secretary of Commerce shall designate an individual with11 in the Department of Commerce to serve as Special Africa 

12 Export Strategy Coordinator and an individual within the 

13 Department of Commerce to serve as Special Latin Amer14 ica and the Caribbean Export Strategy Coordinator— 

15 (1) to oversee the development and implementa16 tion of the strategy required by subsection (a); 

17 (2) to coordinate developing and implementing 

18 the strategy with— 

19 (A) the Trade Promotion Coordinating 

20 Committee; 

21 (B) the Director General for the U.S. and 

22 Foreign Commercial Service and the Assistant 

23 Secretary for Global Markets; 

24 (C) the Assistant United States Trade 

25 Representative for African Affairs or the Assist-
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1 ant United States Trade Representative for the 

2 Western Hemisphere, as appropriate; 

3 (D) the Assistant Secretary of State for 

4 African Affairs or the Assistant Secretary of 

5 State for Western Hemisphere Affairs, as ap6 propriate; 

7 (E) the Foreign Agricultural Service of the 

8 Department of Agriculture; 

9 (F) the Export-Import Bank of the United 

10 States; 

11 (G) the United States International Devel12 opment Finance Corporation; and 

13 (H) the development agencies; and 

14 (3) considering and reflecting the impact of 

15 promotion of United States exports on the economy 

16 and employment opportunities of importing country, 

17 with a view to improving secure supply chains, 

18 avoiding economic disruptions, and stabilizing eco19 nomic growth in a trade and export strategy. 

20 (c) TRADE MISSIONS TO AFRICA AND LATIN AMER21 ICA AND THE CARIBBEAN.—It is the sense of Congress 

22 that, not later than one year after the date of the enact23 ment of this Act, the Secretary of Commerce and other 

24 high-level officials of the United States Government with 

25 responsibility for export promotion, financing, and devel-
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1 opment should conduct joint trade missions to Africa and 

2 to Latin America and the Caribbean. 

3 (d) TRAINING.—The President shall develop a plan— 

4 (1) to standardize the training received by 

5 United States and Foreign Commercial Service offi6 cers, economic officers of the Department of State, 

7 and economic officers of the United States Agency 

8 for International Development with respect to the 

9 programs and procedures of the Export-Import 

10 Bank of the United States, the United States Inter11 national Development Finance Corporation, the 

12 Small Business Administration, and the United 

13 States Trade and Development Agency; and 

14 (2) to ensure that, not later than one year after 

15 the date of the enactment of this Act— 

16 (A) all United States and Foreign Com17 mercial Service officers that are stationed over18 seas receive the training described in paragraph 

19 (1); and 

20 (B) in the case of a country to which no 

21 United States and Foreign Commercial Service 

22 officer is assigned, any economic officer of the 

23 Department of State stationed in that country 

24 receives that training. 

25 (e) DEFINITIONS.—In this section: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Relations, 

5 the Committee on Finance, the Committee on 

6 Commerce, Science, and Transportation, and 

7 the Committee on Banking, Housing, and 

8 Urban Affairs of the Senate; and 

9 (B) the Committee on Foreign Affairs, the 

10 Committee on Ways and Means, and the Com11 mittee on Energy and Commerce of the House 

12 of Representatives. 

13 (2) DEVELOPMENT AGENCIES.—The term ‘‘de14 velopment agencies’’ means the United States De15 partment of State, the United States Agency for 

16 International Development, the Millennium Chal17 lenge Corporation, the United States International 

18 Development Finance Corporation, the United 

19 States Trade and Development Agency, the United 

20 States Department of Agriculture, and relevant mul21 tilateral development banks. 

22 (3) MULTILATERAL DEVELOPMENT BANKS.— 

23 The term ‘‘multilateral development banks’’ has the 

24 meaning given that term in section 1701(c)(4) of the 

25 International Financial Institutions Act (22 U.S.C. 
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1 262r(c)(4)) and includes the African Development 

2 Foundation. 

3 (4) TRADE POLICY STAFF COMMITTEE.—The 

4 term ‘‘Trade Policy Staff Committee’’ means the 

5 Trade Policy Staff Committee established pursuant 

6 to section 2002.2 of title 15, Code of Federal Regu7 lations. 

8 (5) TRADE PROMOTION COORDINATING COM9 MITTEE.—The term ‘‘Trade Promotion Coordinating 

10 Committee’’ means the Trade Promotion Coordi11 nating Committee established under section 2312 of 

12 the Export Enhancement Act of 1988 (15 U.S.C. 

13 4727). 

14 (6) UNITED STATES AND FOREIGN COMMER15 CIAL SERVICE.—The term ‘‘United States and For16 eign Commercial Service’’ means the United States 

17 and Foreign Commercial Service established by sec18 tion 2301 of the Export Enhancement Act of 1988 

19 (15 U.S.C. 4721). 

20 SEC. 1399HHHHH. SENSE OF CONGRESS ON PRIORITIZING 

21 NOMINATION AND CONFIRMATION OF QUALI22 FIED AMBASSADORS. 

23 It is the sense of Congress that it is critically impor24 tant that both the President and the Senate play their 
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1 respective roles to nominate and confirm qualified ambas2 sadors as quickly as possible. 

3 SEC. 1399IIIII. WESTERN HEMISPHERE DEFINED. 

4 In this subtitle, the term ‘‘Western Hemisphere’’ does 

5 not include Cuba, Nicaragua, or Venezuela. 

6 SEC. 1399JJJJJ. REPORT ON EFFORTS TO CAPTURE AND 

7 DETAIN UNITED STATES CITIZENS AS HOS8 TAGES. 

9 (a) IN GENERAL.—Not later than 30 days after the 

10 date of the enactment of this Act, the Secretary of State 

11 shall submit to the Committee on Foreign Relations of the 

12 Senate and the Committee on Foreign Affairs of the 

13 House of Representatives a report on efforts by the 

14 Maduro regime of Venezuela to detain United States citi15 zens and lawful permanent residents. 

16 (b) ELEMENTS.—The report required by subsection 

17 (a) shall include, regarding the arrest, capture, detain18 ment, and imprisonment of United States citizens and 

19 lawful permanent residents— 

20 (1) the names, positions, and institutional affili21 ation of Venezuelan individuals, or those acting on 

22 their behalf, who have engaged in such activities; 

23 (2) a description of any role played by 

24 transnational criminal organizations, and an identi25 fication of such organizations; and 
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1 (3) where relevant, an assessment of whether 

2 and how United States citizens and lawful perma3 nent residents have been lured to Venezuela. 

4 (c) FORM.—The report required under subsection (a) 

5 shall be submitted in unclassified form, but shall include 

6 a classified annex, which shall include a list of the total 

7 number of United States citizens and lawful permanent 

8 residents detained or imprisoned in Venezuela as of the 

9 date on which the report is submitted. 

10 TITLE XIV—COOPERATIVE 

11 THREAT REDUCTION 

12 SEC. 1401. COOPERATIVE THREAT REDUCTION FUNDS. 

13 (a) FUNDING ALLOCATION.—Of the $350,999,000 

14 authorized to be appropriated to the Department of De15 fense for fiscal year 2024 in section 301 and made avail16 able by the funding table in division D for the Department 

17 of Defense Cooperative Threat Reduction Program estab18 lished under section 1321 of the Department of Defense 

19 Cooperative Threat Reduction Act (50 U.S.C. 3711), the 

20 following amounts may be obligated for the purposes spec21 ified: 

22 (1) For strategic offensive arms elimination, 

23 $6,815,000. 

24 (2) For chemical weapons destruction, 

25 $16,400,000. 
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1 (3) For global nuclear security, $19,406,000. 

2 (4) For cooperative biological engagement, 

3 $228,030,000. 

4 (5) For proliferation prevention, $46,324,000. 

5 (6) For activities designated as Other Assess6 ments/Administrative Costs, $34,024,000. 

7 (b) SPECIFICATION OF COOPERATIVE THREAT RE8 DUCTION FUNDS.—Funds appropriated pursuant to the 

9 authorization of appropriations in section 301 and made 

10 available by the funding table in division D for the Depart11 ment of Defense Cooperative Threat Reduction Program 

12 shall be available for obligation for fiscal years 2024, 

13 2025, and 2026. 

14 TITLE XV—OTHER 

15 AUTHORIZATIONS 

16 Subtitle A—Military Programs 

17 SEC. 1501. WORKING CAPITAL FUNDS. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2024 for the use of the Armed Forces and other 

20 activities and agencies of the Department of Defense for 

21 providing capital for working capital and revolving funds, 

22 as specified in the funding table in section 4501. 
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1 SEC. 1502. CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for the Depart5 ment of Defense for fiscal year 2024 for expenses, not oth6 erwise provided for, for Chemical Agents and Munitions 

7 Destruction, Defense, as specified in the funding table in 

8 section 4501. 

9 (b) USE.—Amounts authorized to be appropriated 

10 under subsection (a) are authorized for— 

11 (1) the destruction of lethal chemical agents 

12 and munitions in accordance with section 1412 of 

13 the Department of Defense Authorization Act, 1986 

14 (50 U.S.C. 1521); and 

15 (2) the destruction of chemical warfare materiel 

16 of the United States that is not covered by section 

17 1412 of such Act. 

18 SEC. 1503. DRUG INTERDICTION AND COUNTER-DRUG AC19 TIVITIES, DEFENSE-WIDE. 

20 Funds are hereby authorized to be appropriated for 

21 the Department of Defense for fiscal year 2024 for ex22 penses, not otherwise provided for, for Drug Interdiction 

23 and Counter-Drug Activities, Defense-wide, as specified in 

24 the funding table in section 4501. 
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1 SEC. 1504. DEFENSE INSPECTOR GENERAL. 

2 Funds are hereby authorized to be appropriated for 

3 the Department of Defense for fiscal year 2024 for ex4 penses, not otherwise provided for, for the Office of the 

5 Inspector General of the Department of Defense, as speci6 fied in the funding table in section 4501. 

7 SEC. 1505. DEFENSE HEALTH PROGRAM. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2024 for the Defense Health Program for use 

10 of the Armed Forces and other activities and agencies of 

11 the Department of Defense for providing for the health 

12 of eligible beneficiaries, as specified in the funding table 

13 in section 4501. 

14 Subtitle B—National Defense 

15 Stockpile 

16 SEC. 1511. RECOVERY OF RARE EARTH ELEMENTS AND 

17 OTHER STRATEGIC AND CRITICAL MATE18 RIALS THROUGH END-OF-LIFE EQUIPMENT 

19 RECYCLING. 

20 The Secretary of Defense shall establish policies and 

21 procedures— 

22 (1) to identify end-of-life equipment of the De23 partment of Defense that contains rare earth ele24 ments and other materials determined pursuant to 

25 section 3(a) of the Strategic and Critical Materials 
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1 Stock Piling Act (50 U.S.C. 98b(a)) to be strategic 

2 and critical materials; and 

3 (2) to identify, establish, and implement policies 

4 and procedures to recover such materials from such 

5 equipment for the purposes of reuse by the Depart6 ment of Defense. 

7 SEC. 1512. IMPROVEMENTS TO STRATEGIC AND CRITICAL 

8 MATERIALS STOCK PILING ACT. 

9 (a) PURPOSES.—Section 2 of the Strategic and Crit10 ical Materials Stock Piling Act (50 U.S.C. 98a) is amend11 ed by adding at the end the following new subsection: 

12 ‘‘(d) To the maximum extent practicable and to re13 duce the reliance of the National Defense Stockpile pro14 gram on appropriated funds, the National Defense Stock15 pile Manager shall seek to achieve positive cash flows from 

16 the recovery of strategic and critical materials pursuant 

17 to section 6(a)(5).’’. 

18 (b) STOCKPILE MANAGEMENT.—Section 6 of such 

19 Act (50 U.S.C. 98e) is amended— 

20 (1) in subsection (a)(5), by striking ‘‘from ex21 cess’’ and all that follows and inserting ‘‘from other 

22 Federal agencies, either directly as materials or em23 bedded in excess-to-need, end-of-life items, or waste 

24 streams;’’; 
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1 (2) in subsection (c)(1), by striking ‘‘subsection 

2 (a)(5) or (a)(6)’’ and inserting ‘‘subsection (a)(6) or 

3 (a)(7)’’; 

4 (3) in subsection (d)(2), by striking ‘‘subsection 

5 (a)(5)’’ and inserting ‘‘subsection (a)(6)’’; and 

6 (4) by adding at the end the following new sub7 sections: 

8 ‘‘(g)(1) The National Defense Stockpile Manager 

9 shall establish a pilot program to use, to the maximum 

10 extent practicable, commercial best practices in the acqui11 sition and disposal of strategic and critical materials for 

12 the stockpile. 

13 ‘‘(2)(A) The Stockpile Manager shall brief the con14 gressional defense committees (as defined in section 

15 101(a) of title 10, United States Code)— 

16 ‘‘(i) as soon as practicable after the establish17 ment of the pilot program under paragraph (1); and 

18 ‘‘(ii) annually thereafter until the termination 

19 of the pilot program under paragraph (3). 

20 ‘‘(B) The briefing required by subparagraph (A)(i) 

21 shall address— 

22 ‘‘(i) the commercial best practices selected for 

23 use under the pilot program; 

24 ‘‘(ii) how the Stockpile Manager determined 

25 which commercial best practices to select; and 
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1 ‘‘(iii) the plan of the Stockpile Manager for 

2 using such practices. 

3 ‘‘(C) Each briefing required by subparagraph (A)(ii) 

4 shall provide a summary of— 

5 ‘‘(i) how the Stockpile Manager has used com6 mercial best practices under the pilot program dur7 ing the year preceding the briefing; 

8 ‘‘(ii) how many times the Stockpile Manager 

9 has used such practices; 

10 ‘‘(iii) the outcome of each use of such practices; 

11 and 

12 ‘‘(iv) any savings achieved or lessons learned as 

13 a result of the use of such practices. 

14 ‘‘(3) The pilot program established under paragraph 

15 (1) shall terminate effective on the date that is 5 years 

16 after the date of the enactment of the National Defense 

17 Authorization Act for Fiscal Year 2024. 

18 ‘‘(h) Unless otherwise necessary for national defense, 

19 the National Defense Stockpile Manager shall implement 

20 recovery programs under subsection (a)(5) to be cash flow 

21 positive.’’. 

22 (c) DEVELOPMENT AND CONSERVATION OF RELI23 ABLE SOURCES.— 

24 (1) IN GENERAL.—Section 15 of such Act (50 

25 U.S.C. 98h–6) is amended to read as follows: 
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1 ‘‘SEC. 15. DEVELOPMENT AND CONSERVATION OF RELI2 ABLE SOURCES. 

3 ‘‘(a) DUTIES.—Subject to subsection (c), the Na4 tional Defense Stockpile Manager shall encourage the de5 velopment and appropriate conservation of reliable sources 

6 of strategic and critical materials— 

7 ‘‘(1) by purchasing, or making a commitment to 

8 purchase, strategic and critical materials from reli9 able sources when such materials are needed for the 

10 stockpile; 

11 ‘‘(2) by contracting with facilities located in and 

12 owned and controlled by reliable sources, or making 

13 a commitment to contract with such facilities, for 

14 the processing or refining of strategic and critical 

15 materials in the stockpile when processing or refin16 ing is necessary to convert such materials into a 

17 form more suitable for storage or disposition or 

18 meeting stockpile requirements; 

19 ‘‘(3) by qualifying facilities located in and 

20 owned and controlled by reliable sources, or quali21 fying strategic and critical materials produced by 

22 such facilities, to meet stockpile requirements; 

23 ‘‘(4) by contracting with facilities located in and 

24 owned and controlled by reliable sources to recycle 

25 strategic and critical materials to meet stockpile re26 quirements or increase the balance of the National 
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1 Defense Stockpile Transaction Fund under section 

2 9; and 

3 ‘‘(5) by entering into an agreement to co-fund 

4 a bankable feasibility study for a project for the de5 velopment of strategic and critical materials located 

6 in and owned and controlled by a reliable source, if 

7 the agreement— 

8 ‘‘(A) limits the liability of the stockpile to 

9 not more than the total funding provided by the 

10 Federal Government; 

11 ‘‘(B) limits the funding contribution of the 

12 Federal Government to not more than 50 per13 cent of the cost of the bankable feasibility 

14 study; and 

15 ‘‘(C) does not obligate the Federal Govern16 ment to purchase strategic and critical mate17 rials from the reliable source. 

18 ‘‘(b) ADDITIONAL AUTHORITIES.— 

19 ‘‘(1) EXTENDED CONTRACTING AUTHORITY.— 

20 ‘‘(A) IN GENERAL.—The term of a con21 tract or commitment made under subsection (a) 

22 may not exceed ten years. 

23 ‘‘(B) PREEXISTING CONTRACTS.—A con24 tract entered into before the date of the enact25 ment of the National Defense Authorization Act 
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1 for Fiscal Year 2024 for a term of more than 

2 ten years may be extended, on or after such 

3 date of enactment, for a total of not more than 

4 an additional ten years pursuant to any option 

5 or options set forth in the contract. 

6 ‘‘(2) MATTERS RELATING TO CO-FUNDING OF

7 BANKABLE FEASIBILITY STUDIES.—To the extent 

8 authorized by Congress pursuant to the Defense 

9 Production Act of 1950 (50 U.S.C. 4501 et seq.) 

10 and determined to be required by the President pur11 suant to that Act, the National Defense Stockpile 

12 Manager may provide for loans or procure debt 

13 issued by other entities to carry out a project for the 

14 development of strategic and critical materials under 

15 subsection (a)(5). 

16 ‘‘(c) PROPOSED TRANSACTIONS INCLUDED IN AN17 NUAL MATERIALS PLAN.—Descriptions of proposed trans18 actions under subsection (a) shall be included in the An19 nual Materials and Operations Plan. Changes to any such 

20 transaction, or the addition of a transaction not included 

21 in such plan, shall be made in accordance with section 5. 

22 ‘‘(d) AVAILABILITY OF FUNDS.—The authority of the 

23 National Defense Stockpile Manager to enter into obliga24 tions under this section is effective for any fiscal year only 

25 to the extent that funds in the National Defense Stockpile 
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1 Transaction Fund under section 9 are adequate to meet 

2 such obligations. 

3 ‘‘(e) BANKABLE FEASIBILITY STUDY DEFINED.—In 

4 this section, the term ‘bankable feasibility study’ means 

5 a comprehensive technical and economic study— 

6 ‘‘(1) of the selected development option for a 

7 strategic and critical materials project that includes 

8 appropriately detailed assessments of realistically as9 sumed extraction, processing, metallurgical, eco10 nomic, marketing, legal, environmental, social, and 

11 governmental considerations and any other relevant 

12 operational factors and detailed financial analysis, 

13 that are necessary to demonstrate at the time of re14 porting that production is reasonably justified; and 

15 ‘‘(2) that may reasonably serve as the basis for 

16 a final decision by a proponent of a project or finan17 cial institution to proceed with, or finance, the devel18 opment of the project.’’. 

19 (2) CONFORMING AMENDMENTS.— 

20 (A) MATERIALS RESEARCH AND DEVELOP21 MENT.—Section 8(a) of such Act (50 U.S.C. 

22 98g(a)) is amended— 

23 (i) in paragraph (1)(A), by striking 

24 ‘‘or in its territories or possessions,’’ and 
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1 inserting ‘‘its territories or possessions, or 

2 in a reliable source’’; and 

3 (ii) in paragraph (2), by striking ‘‘in 

4 order to—’’ and all that follows through 

5 ‘‘mineral products.’’ and inserting the fol6 lowing: ‘‘in order to develop new sources of 

7 strategic and critical materials, develop 

8 substitutes, or conserve domestic sources 

9 and reliable sources of supply for such 

10 strategic and critical materials.’’. 

11 (B) DEFINITIONS.—Section 12 of such Act 

12 (50 U.S.C. 98h–3) is amended by striking para13 graph (3) and inserting the following new para14 graph (3): 

15 ‘‘(i) The term ‘reliable source’ mean a 

16 citizen or business entity of— 

17 ‘‘(I) the United States or any 

18 territory or possession of the United 

19 States; 

20 ‘‘(II) a country of the national 

21 technology and industrial base, as de22 fined in section 4801 of title 10, 

23 United States Code; or 

24 ‘‘(III) a qualifying country, as 

25 defined in section 225.003 of the De-
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1 fense Federal Acquisition Regulation 

2 Supplement.’’. 

3 (d) TECHNICAL AMENDMENT.—Subsection (e) of sec4 tion 10 of such Act (50 U.S.C. 98h–1) is amended to read 

5 as follows: 

6 ‘‘(e) APPLICATION OF PROVISIONS RELATING TO

7 FEDERAL ADVISORY COMMITTEES.—Section 1013 of title 

8 5, United States Code, shall not apply to the Board.’’. 

9 SEC. 1513. AUTHORITY TO DISPOSE OF MATERIALS FROM 

10 THE NATIONAL DEFENSE STOCKPILE. 

11 Pursuant to section 5(b) of the Strategic and Critical 

12 Materials Stock Piling Act (50 U.S.C. 98d(b)), the Na13 tional Defense Stockpile Manager may dispose of the fol14 lowing materials contained in the National Defense Stock15 pile in the following quantities: 

16 (1) 8 short tons of beryllium. 

17 (2) 154,043 short dry tons of metallurgical 

18 grade manganese ore. 

19 (3) 5,000 kilograms of germanium. 

20 (4) 91,413 pounds of pan-based carbon fibers. 

21 (5) Not more than 1,000 short tons of mate22 rials transferred from another department or agency 

23 of the United States to the National Defense Stock24 pile under section 4(b) of such Act (50 U.S.C. 

25 98c(b)) that the National Defense Stockpile Man-
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1 ager determines is no longer required for the Stock2 pile (in addition to any amount of such materials 

3 previously authorized for disposal). 

4 SEC. 1514. BEGINNING BALANCES OF THE NATIONAL DE5 FENSE STOCKPILE TRANSACTION FUND FOR 

6 AUDIT PURPOSES. 

7 For purposes of an audit conducted under chapter 

8 9A of title 10, United States Code, of the National De9 fense Stockpile Transaction Fund established by section 

10 9 of the Strategic and Critical Materials Stock Piling Act 

11 (50 U.S.C. 98h)— 

12 (1) the ending balance of $313,633,491.15 re13 ported in the Central Accounting Reporting System 

14 of the Department of the Treasury for September 

15 30, 2021, is the Fund Balance with Treasury ending 

16 balance on that date; 

17 (2) the Total Actual Resources–Collected open18 ing balance for October 1, 2021, for United States 

19 Standard General Ledger Account 420100 is 

20 $314,548,154.42, as recorded in official accounting 

21 records; and 

22 (3) the Unapportioned–Unexpired Authority 

23 ending balance for September 30, 2021, for United 

24 States Standard General Ledger Account 445000 is 
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1 $216,976,300.69, as recorded in official accounting 

2 records. 

3 Subtitle C—Other Matters 

4 SEC. 1521. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

5 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

6 VETERANS AFFAIRS MEDICAL FACILITY DEM7 ONSTRATION FUND FOR CAPTAIN JAMES A. 

8 LOVELL HEALTH CARE CENTER, ILLINOIS. 

9 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

10 funds authorized to be appropriated by section 1405 and 

11 available for the Defense Health Program for operation 

12 and maintenance, $172,000,000 may be transferred by the 

13 Secretary of Defense to the Joint Department of Defense– 

14 Department of Veterans Affairs Medical Facility Dem15 onstration Fund established by subsection (a)(1) of sec16 tion 1704 of the National Defense Authorization Act for 

17 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

18 (b) TREATMENT OF TRANSFERRED FUNDS.—For 

19 purposes of subsection (a)(2) of such section 1704, any 

20 funds transferred under subsection (a) shall be treated as 

21 amounts authorized and appropriated specifically for the 

22 purpose of such a transfer. 

23 (c) USE OF TRANSFERRED FUNDS.—For purposes of 

24 subsection (b) of such section 1704, facility operations for 

25 which funds transferred under subsection (a) may be used 
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1 are operations of the Captain James A. Lovell Federal 

2 Health Care Center, consisting of the North Chicago Vet3 erans Affairs Medical Center, the Navy Ambulatory Care 

4 Center, and supporting facilities designated as a combined 

5 Federal medical facility under an operational agreement 

6 covered by section 706 of the Duncan Hunter National 

7 Defense Authorization Act for Fiscal Year 2009 (Public 

8 Law 110–417; 122 Stat. 4500). 

9 SEC. 1522. AUTHORIZATION OF APPROPRIATIONS FOR 

10 ARMED FORCES RETIREMENT HOME. 

11 There is hereby authorized to be appropriated for fis12 cal year 2024 from the Armed Forces Retirement Home 

13 Trust Fund the sum of $77,000,000 for the operation of 

14 the Armed Forces Retirement Home. 

15 SEC. 1523. MODIFICATION OF LEASING AUTHORITY OF 

16 ARMED FORCES RETIREMENT HOME. 

17 (a) AGREEMENTS; APPROVAL AND NOTIFICATION.— 

18 Section 1511(i) of the Armed Forces Retirement Home 

19 Act of 1991 (24 U.S.C. 411(i)) is amended by adding at 

20 the end the following new paragraphs: 

21 ‘‘(9) Before entering into a lease described in this 

22 subsection, the Chief Operating Officer may enter into an 

23 agreement with a potential lessee providing for a period 

24 of exclusivity, access, study, or for similar purposes. The 

25 agreement shall provide for the payment (in cash or in 
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1 kind) by the potential lessee of consideration for the agree2 ment unless the Chief Operating Officer determines that 

3 payment of consideration will not promote the purpose and 

4 financial stability of the Retirement Home or be in the 

5 public interest. 

6 ‘‘(10) No further approval by the Secretary of De7 fense, nor notification or report to Congress, shall be re8 quired for subordinate leases under this subsection unless 

9 the facts or terms of the original lease have materially 

10 changed.’’. 

11 (b) ADMINISTRATION OF FUNDS.—Section 

12 1511(i)(7) of the Armed Forces Retirement Home Act of 

13 1991 (24 U.S.C. 411(i)) is amended— 

14 (1) by inserting ‘‘an agreement with a potential 

15 lessee or’’ after ‘‘The proceeds from’’; and 

16 (2) by striking the period at the end and insert17 ing ‘‘, to remain available for obligation and expendi18 ture to finance expenses of the Retirement Home re19 lated to the formation and administration of agree20 ments and leases entered into under the provisions 

21 of this subsection.’’. 
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1 TITLE XVI—SPACE ACTIVITIES, 

2 STRATEGIC PROGRAMS, AND 

3 INTELLIGENCE MATTERS 

4 Subtitle A—Space Activities 

5 SEC. 1601. ACQUISITION STRATEGY FOR PHASE 3 OF THE 

6 NATIONAL SECURITY SPACE LAUNCH PRO7 GRAM. 

8 (a) FISCAL YEARS 2025 THROUGH 2029.—With re9 spect to the acquisition strategy for Phase 3 of the Na10 tional Security Space Launch program, for fiscal years 

11 2025 through 2029, the Secretary of Defense shall estab12 lish— 

13 (1) a low-risk launch program, to be known as 

14 ‘‘Lane One’’, that consists of an indefinite delivery 

15 indefinite quantity acquisition approach based on 

16 not fewer than 20 launches so as to encourage the 

17 capabilities of new entrants that have conducted not 

18 fewer than one previous launch; and 

19 (2) a launch program, similar to the Phase Two 

20 National Security Assured Access Launch program, 

21 to be known as ‘‘Lane Two’’, that meets all National 

22 Security Space Launch requirements, with full mis23 sion assurance, based on not fewer than 35 

24 launches. 
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1 (b) FISCAL YEARS 2027 THROUGH 2029.—With re2 spect to the acquisition strategy for Phase 3 of the Na3 tional Security Space Launch program, for fiscal years 

4 2027 through 2029, the Secretary of Defense shall estab5 lish an accession launch program, to be known as ‘‘Lane 

6 Two A’’, using the requirements of the program estab7 lished under subsection (a)(2) based on five launches of 

8 GPS Block IIIF satellites or satellites the launches of 

9 which are complex, high-energy missions. 

10 SEC. 1602. INITIAL OPERATING CAPABILITY FOR AD11 VANCED TRACKING AND LAUNCH ANALYSIS 

12 SYSTEM AND SYSTEM-LEVEL REVIEW. 

13 (a) ADVANCED TRACKING AND LAUNCH ANALYSIS

14 SYSTEM.— 

15 (1) DATE FOR INITIAL OPERATING CAPA16 BILITY.—Not later than 90 days after the date of 

17 the enactment of this Act, the Secretary of the Air 

18 Force shall— 

19 (A) designate a date for the delivery of the 

20 initial operating capability for the Advanced 

21 Tracking and Launch Analysis System 

22 (ATLAS); and 

23 (B) notify the congressional defense com24 mittees of such date. 
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1 (2) EFFECT OF FAILURE TO TIMELY DE2 LIVER.—If the initial operating capability for 

3 ATLAS is not achieved by the date designated under 

4 paragraph (1)(A), the Secretary shall— 

5 (A) terminate the ATLAS program; 

6 (B) designate an alternative program op7 tion that provides a comparable capability to 

8 the capability intended to be provided by 

9 ATLAS; and 

10 (C) not later than 30 days after such date, 

11 notify the congressional defense committees 

12 with respect to— 

13 (i) such termination; 

14 (ii) the designated alternative pro15 gram option; 

16 (iii) the justification for selecting such 

17 option; and 

18 (iv) the estimated time and total costs 

19 to completion of such option. 

20 (b) SYSTEM-LEVEL REVIEW.— 

21 (1) IN GENERAL.—The Secretary shall enter 

22 into a contract with a federally funded research and 

23 development center under which the federally funded 

24 research and development center shall, not less fre25 quently than every 2 years through 2032, conduct a 
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1 review of the space command and control software 

2 acquisition program to assess the ability of such pro3 gram to build a software framework that integrates 

4 multiple aspects of space operations to enable the 

5 warfighter to command and control space assets in 

6 a time of conflict. 

7 (2) ELEMENTS.—Each review under paragraph 

8 (1) shall consider the integration into such software 

9 framework of the following: 

10 (A) Sensor data applicable to the command 

11 and control of space assets. 

12 (B) Information contained in the Unified 

13 Data Library relating to the number and loca14 tion of space objects. 

15 (C) The ability to control space assets 

16 based on such data and information. 

17 (D) Any other matter the Secretary con18 siders necessary. 

19 (3) BRIEFING.—The Secretary shall provide the 

20 congressional defense committees with a briefing on 

21 the findings of each review under paragraph (1), in22 cluding— 

23 (A) an assessment of any deficiency identi24 fied in the review; and 
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1 (B) a plan to address such deficiency in a 

2 timely manner. 

3 SEC. 1603. DEPARTMENT OF THE AIR FORCE RESPONSI4 BILITY FOR SPACE-BASED GROUND AND AIR5 BORNE MOVING TARGET INDICATION. 

6 (a) IN GENERAL.—The Department of the Air Force 

7 shall be responsible for— 

8 (1) serving as the final authority for the 

9 tasking of space-based ground and airborne moving 

10 target indication systems that— 

11 (A) are primarily or fully funded by the 

12 Department of Defense; and 

13 (B) provide near real-time, direct support 

14 to satisfy theater operations; and 

15 (2) presenting such capability to the combatant 

16 commands to accomplish the warfighting missions of 

17 the combatant commands under the Unified Com18 mand Plan. 

19 (b) MILESTONE DEVELOPMENT AUTHORITY.—Sub20 ject to section 4204 of title 10, United States Code, the 

21 Secretary of the Air Force, in consultation with the Direc22 tor of National Intelligence, shall be the Milestone A ap23 proval (as defined in section 4211 of such title) decision 

24 authority for space-related acquisition programs for 

25 ground and airborne moving target indication collection 
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1 assets described in subsection (a) that are primarily or 

2 fully funded within the Military Intelligence Program. 

3 SEC. 1604. PRINCIPAL MILITARY DEPUTY FOR SPACE AC4 QUISITION AND INTEGRATION. 

5 Section 9016(b)(6) of title 10, United States Code, 

6 is amended— 

7 (1) by redesignating subparagraph (B) as sub8 paragraph (C); and 

9 (2) by inserting after subparagraph (A) the fol10 lowing new subparagraph (B): 

11 ‘‘(B) The Assistant Secretary of the Air Force 

12 for Space Acquisition and Integration shall have a 

13 Principle Military Deputy for Space Acquisition and 

14 Integration, who shall be an officer of the Space 

15 Force on active duty. The Principal Military Deputy 

16 for Space Acquisition and Integration shall be ap17 pointed from among officers who have significant ex18 perience in the areas of acquisition and program 

19 management. The position of Principal Military 

20 Deputy for Space Acquisition and Integration shall 

21 be designated as a critical acquisition position under 

22 section 1731 of this title. In the event of a vacancy 

23 in the position of Assistant Secretary of the Air 

24 Force for Space Acquisition and Integration, the 

25 Principal Military Deputy for Space Acquisition and 
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1 Integration may serve as Acting Assistant Secretary 

2 for Space Acquisition and Integration for a period of 

3 not more than one year.’’. 

4 SEC. 1605. USE OF MIDDLE TIER ACQUISITION AUTHORITY 

5 FOR SPACE DEVELOPMENT AGENCY ACQUISI6 TION PROGRAM. 

7 (a) IN GENERAL.—The Director of the Space Devel8 opment Agency shall use the middle tier of acquisition au9 thority, consistent with section 804 of the National De10 fense Authorization Act for Fiscal Year 2016 (Public Law 

11 114–92; 10 U.S.C. 3201 note prec.) and Department of 

12 Defense Instruction 5000.80, entitled ‘‘Operation of the 

13 Middle Tier of Acquisition (MTA)’’ and issued on Decem14 ber 30, 2019 (or a successor instruction), for the rapid 

15 fielding of satellites and associated systems for Tranche 

16 1, Tranche 2, and Tranche 3 of the proliferated warfighter 

17 space architecture of the Space Development Agency. 

18 (b) RAPID PROTOTYPING AND FIELDING.—Any 

19 tranche of satellites or associated systems developed and 

20 fielded under subsection (a) shall have a level of maturity 

21 that allows such satellites or systems to be rapidly 

22 prototyped within an acquisition program or rapidly field23 ed within five years of the development of an approved 

24 requirement. 
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1 (c) DESIGNATION AS MAJOR CAPABILITY ACQUISI2 TION.— 

3 (1) IN GENERAL.—The Under Secretary of De4 fense for Acquisition and Sustainment may des5 ignate a tranche described in subsection (a) as a 

6 major capability acquisition program, consistent with 

7 Department of Defense Instruction 5000.80, entitled 

8 ‘‘Operation of the Middle Tier of Acquisition 

9 (MTA)’’ and issued on December 30, 2019 (or a 

10 successor instruction). 

11 (2) NOTICE TO CONGRESS.—Not later than 90 

12 days before the date on which a designation under 

13 paragraph (1) is made, the Under Secretary of De14 fense for Acquisition and Sustainment shall notify 

15 the congressional defense committees of the intent to 

16 so designate and provide a justification for such des17 ignation. 

18 SEC. 1606. SPECIAL AUTHORITY FOR PROVISION OF COM19 MERCIAL SPACE LAUNCH SUPPORT SERV20 ICES. 

21 (a) IN GENERAL.—Chapter 135 of title 10, United 

22 States Code, is amended by inserting after section 2276 

23 the following new section: 
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1 ‘‘§ 2276a. Special authority for provision of commer2 cial space launch support services 

3 ‘‘(a) IN GENERAL.—The Secretary of a military de4 partment, pursuant to the authority provided by this sec5 tion and any other provision of law, may support Federal 

6 and commercial space launch capacity on any domestic 

7 real property under the control of the Secretary through 

8 the provision of space launch support services. 

9 ‘‘(b) PROVISION OF LAUNCH EQUIPMENT AND SERV10 ICES TO COMMERCIAL ENTITIES.— 

11 ‘‘(1) AGREEMENT AUTHORITY.— 

12 ‘‘(A) IN GENERAL.—The Secretary con13 cerned may enter into a contract, or conduct 

14 any other transaction, with a commercial entity 

15 that intends to conduct space launch activities 

16 on a military installation under the jurisdiction 

17 of the Secretary, including a contract or other 

18 transaction for the provision of supplies, serv19 ices, equipment, and construction needed for 

20 commercial space launch. 

21 ‘‘(B) NONDELEGATION.—The Secretary 

22 may not delegate the authority provided in sub23 paragraph (A). 

24 ‘‘(2) AGREEMENT COSTS.— 

25 ‘‘(A) DIRECT COSTS.—A contract entered 

26 into, or a transaction conducted, under para-
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1 graph (1) shall include a provision that requires 

2 the commercial entity entering into the contract 

3 or conducting the transaction to reimburse the 

4 Department of Defense for all direct costs to 

5 the United States that are associated with the 

6 goods, services, and equipment provided to the 

7 commercial entity under the contract or trans8 action. 

9 ‘‘(B) INDIRECT COSTS.—A contract en10 tered into, or a transaction conducted, under 

11 paragraph (1) may— 

12 ‘‘(i) include a provision that requires 

13 the commercial entity to reimburse the De14 partment of Defense for such indirect costs 

15 as the Secretary concerned considers to be 

16 fair and reasonable; and 

17 ‘‘(ii) provide for the recovery of indi18 rect costs through establishment of a rate, 

19 fixed price, or similar mechanism the Sec20 retary concerned considers to be fair and 

21 reasonable. 

22 ‘‘(3) RETENTION OF FUNDS COLLECTED FROM

23 COMMERCIAL USERS.—Amounts collected from a 

24 commercial entity under paragraph (2) shall be cred25 ited to the appropriation accounts under which the 
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1 costs associated with the contract (direct and indi2 rect) were incurred. 

3 ‘‘(4) REGULATIONS.—The Secretary shall pro4 mulgate regulations to carry out this subsection. 

5 ‘‘(c) DEFINITIONS.—In this section: 

6 ‘‘(1) SPACE LAUNCH.—The term ‘space launch’ 

7 includes all activities, supplies, equipment, facilities, 

8 and services supporting launch preparation, launch, 

9 reentry, recovery, and other launch-related activities 

10 for the payload and the space transportation vehicle. 

11 ‘‘(2) COMMERCIAL ENTITY; COMMERCIAL.—The 

12 terms ‘commercial entity’ and ‘commercial’ means a 

13 non-Federal entity organized under the laws of the 

14 United States or of any jurisdiction within the 

15 United States.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 135 of title 10, United States Code, is amend18 ed by inserting after the item relating to section 2276 the 

19 following: 

‘‘2276a. Special authority for provision of commercial space launch support services.’’. 
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1 SEC. 1607. TREATMENT OF POSITIONING, NAVIGATION, AND 

2 TIMING RESILIENCY, MODIFICATIONS, AND 

3 IMPROVEMENTS PROGRAM AS ACQUISITION 

4 CATEGORY 1D PROGRAM. 

5 The Under Secretary of Defense for Acquisition and 

6 Sustainment shall treat the Positioning, Navigation, and 

7 Timing Resiliency, Modifications, and Improvements pro8 gram of the Air Force (Program Element 0604201F) as 

9 an acquisition category 1D program, and the authority to 

10 manage such program may not be delegated. 

11 SEC. 1608. BRIEFING ON CLASSIFICATION PRACTICES AND 

12 FOREIGN DISCLOSURE POLICIES REQUIRED 

13 FOR COMBINED SPACE OPERATIONS. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of the enactment of this Act, the Secretary of Defense 

16 and the Director of National Intelligence shall provide a 

17 briefing to the appropriate committees of Congress on the 

18 classification practices and foreign disclosure policies re19 quired to enable the development and conduct of combined 

20 space operations among the following countries: 

21 (1) Australia. 

22 (2) Canada. 

23 (3) France. 

24 (4) Germany. 

25 (5) New Zealand. 

26 (6) The United Kingdom. 
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1 (7) The United States. 

2 (8) Any other ally or partner country, as deter3 mined by the Secretary of Defense or the Director 

4 of National Intelligence. 

5 (b) ELEMENTS.—The briefing required by subsection 

6 (a) shall include the following: 

7 (1) The military and national intelligence infor8 mation required to be shared with the countries de9 scribed in subsection (a) so as to enable the develop10 ment and conduct combined space operations. 

11 (2) The policy, organizational, or other barriers 

12 that currently prevent such information sharing for 

13 combined space operations. 

14 (3) The actions being taken by the Department 

15 of Defense and the intelligence community (as de16 fined in section 3 of the National Security Act of 

17 1947 (50 U.S.C. 3003)) to remove the barriers to 

18 such information sharing, and the timeline for im19 plementation of such actions. 

20 (4) Any statutory changes required to remove 

21 such barriers. 

22 (5) Any other matter, as determined by the 

23 Secretary of Defense or the Director of National In24 telligence. 
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1 (c) IMPLEMENTATION UPDATE.—Not later than 270 

2 days after the date of the enactment of this Act, the Sec3 retary of Defense and the Director of National Intelligence 

4 shall provide a briefing to the appropriate committees of 

5 Congress on the implementation of the actions described 

6 in subsection (b)(3). 

7 (d) APPROPRIATE COMMITTEES OF CONGRESS.—In 

8 this section, the term ‘‘appropriate committees of Con9 gress’’ means— 

10 (1) the congressional defense committees; and 

11 (2) the congressional intelligence committees 

12 (as defined in section 3 of the National Security Act 

13 of 1947 (50 U.S.C. 3003)). 

14 SEC. 1609. LIMITATION ON AVAILABILITY OF CERTAIN 

15 FUNDS RELATING TO SELECTION OF PERMA16 NENT LOCATION FOR HEADQUARTERS OF 

17 UNITED STATES SPACE COMMAND. 

18 (a) LIMITATION ON AVAILABILITY OF FUNDS FOR

19 MILITARY CONSTRUCTION PROJECTS.—None of the funds 

20 authorized to be appropriated by this Act or otherwise 

21 made available for fiscal year 2024 for the Air Force may 

22 be obligated or expended for a military construction 

23 project (as described in section 2801(b) of title 10, United 

24 States Code) for the construction or modification of facili25 ties for temporary or permanent use by the United States 
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1 Space Command for headquarters operations until the re2 port required under subsection (c) is submitted. 

3 (b) LIMITATION ON AVAILABILITY OF FUNDS FOR

4 TRAVEL EXPENDITURES.—Of the funds authorized to be 

5 appropriated by this Act or otherwise made available for 

6 fiscal year 2024 to the Office of the Secretary of the Air 

7 Force for travel expenditures, not more than 50 percent 

8 may be obligated or expended until the report required 

9 under subsection (c) is submitted. 

10 (c) REPORT.—The Secretary of the Air Force shall 

11 submit to the congressional defense committees a report 

12 on the justification for the selection of a permanent loca13 tion for headquarters of the United States Space Com14 mand. 

15 Subtitle B—Nuclear Forces 

16 SEC. 1611. PROHIBITION ON REDUCTION OF THE INTER17 CONTINENTAL BALLISTIC MISSILES OF THE 

18 UNITED STATES. 

19 (a) PROHIBITION.—Except as provided in subsection 

20 (b), none of the funds authorized to be appropriated by 

21 this Act for fiscal year 2024 for the Department of De22 fense may be obligated or expended for the following, and 

23 the Department may not otherwise take any action to do 

24 the following: 
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1 (1) Reduce, or prepare to reduce, the respon2 siveness or alert level of the intercontinental ballistic 

3 missiles of the United States. 

4 (2) Reduce, or prepare to reduce, the quantity 

5 of deployed intercontinental ballistic missiles of the 

6 United States to a number less than 400. 

7 (b) EXCEPTION.—The prohibition in subsection (a) 

8 shall not apply to any of the following activities: 

9 (1) The maintenance, sustainment, or replace10 ment of intercontinental ballistic missiles. 

11 (2) Ensuring the safety, security, or reliability 

12 of intercontinental ballistic missiles. 

13 SEC. 1612. SENTINEL INTERCONTINENTAL BALLISTIC MIS14 SILE PROGRAM SILO ACTIVITY. 

15 The LGM–35A Sentinel intercontinental ballistic 

16 missile program shall refurbish and make operable not 

17 fewer than 150 silos for intercontinental ballistic missiles 

18 at each of the following locations: 

19 (1) Francis E. Warren Air Force Base, Lar20 amie County, Wyoming. 

21 (2) Malmstrom Air Force Base, Cascade Coun22 ty, Montana. 

23 (3) Minot Air Force Base, Ward County, North 

24 Dakota. 
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1 SEC. 1613. MATTERS RELATING TO THE ACQUISITION AND 

2 DEPLOYMENT OF THE SENTINEL INTER3 CONTINENTAL BALLISTIC MISSILE WEAPON 

4 SYSTEM. 

5 (a) AUTHORITY FOR MULTI-YEAR PROCUREMENT.— 

6 Subject to section 3501 of title 10, United States Code, 

7 the Secretary of the Air Force may enter into one or more 

8 multi-year contracts for the procurement of up to 659 

9 Sentinel intercontinental ballistic missiles and for sub10 systems associated with such missiles. 

11 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

12 Secretary of the Air Force may enter into one or more 

13 contracts, beginning in fiscal year 2024, for advance pro14 curement associated with the Sentinel intercontinental 

15 ballistic missiles for which authorization to enter into a 

16 multi-year procurement contract is provided under sub17 section (a), and for subsystems associated with such mis18 siles in economic order quantities when cost savings are 

19 achievable. 

20 (c) CONDITION FOR OUT-YEAR CONTRACT PAY21 MENTS.—A contract entered into under subsection (a) 

22 shall provide that any obligation of the United States to 

23 make a payment under the contract for a fiscal year after 

24 fiscal year 2024 is subject to the availability of appropria25 tions or funds for that purpose for such later fiscal year. 
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1 (d) MANDATORY INCLUSION OF PRE-PRICED OPTION

2 IN CERTAIN CIRCUMSTANCES.— 

3 (1) IN GENERAL.—If the total base quantity of 

4 Sentinel intercontinental ballistic missiles to be pro5 cured through all contracts entered into under sub6 section (a) is less than 659, the Secretary of the Air 

7 Force shall ensure that one or more of the contracts 

8 includes a pre-priced option for the procurement of 

9 additional Sentinel intercontinental ballistic missiles 

10 such that the sum of such base quantity and the 

11 number of such missiles that may be procured 

12 through the exercise of such options is equal to 659 

13 missiles. 

14 (2) DEFINITIONS.—In this subsection: 

15 (A) BASE QUANTITY.—The term ‘‘base 

16 quantity’’ means the quantity of Sentinel inter17 continental ballistic missiles to be procured 

18 under a contract entered into under subsection 

19 (a), excluding any quantity of such missiles that 

20 may be procured through the exercise of an op21 tion that may be part of such contract. 

22 (B) PRE-PRICED OPTION.—The term ‘‘pre23 priced option’’ means a contract option for a 

24 contract entered into under subsection (a) that, 

25 if exercised, would allow the Secretary of the 
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1 Air Force to procure a quantity of interconti2 nental ballistic missiles at a predetermined 

3 price specified in such contract. 

4 (e) LIMITATION.—The Secretary of the Air Force 

5 may not modify a contract entered into under subsection 

6 (a) if the modification would increase the per unit price 

7 of the Sentinel intercontinental ballistic missiles by more 

8 than 10 percent above the target per unit price specified 

9 in the original contract for such missiles under subsection 

10 (a). 

11 (f) MODIFICATIONS TO THE INTERCONTINENTAL

12 BALLISTIC MISSILE SITE ACTIVATION TASK FORCE.— 

13 Section 1638 of the National Defense Authorization Act 

14 for Fiscal Year 2023 (Public Law 117–263) is amended— 

15 (1) in subsection (b)(1), by inserting ‘‘, who 

16 shall report directly to the Commander of Air Force 

17 Global Strike Command’’ after ‘‘Modernization’’; 

18 and 

19 (2) by striking subsection (d)(1) and inserting 

20 the following: 

21 ‘‘(1) WEAPON SYSTEM.—For purposes of no22 menclature and acquisition life cycle activities rang23 ing from development through sustainment and de24 militarization, each wing level configuration of the 
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1 LGM–35A Sentinel intercontinental ballistic missile 

2 shall be a weapon system.’’. 

3 SEC. 1614. PLAN FOR DECREASING THE TIME TO UPLOAD 

4 ADDITIONAL WARHEADS TO THE INTER5 CONTINENTAL BALLISTIC MISSILE FLEET. 

6 (a) IN GENERAL.—The Secretary of the Air Force, 

7 in coordination with the Commander of the United States 

8 Strategic Command, shall develop a plan to decrease the 

9 amount of time required to upload additional warheads to 

10 the intercontinental ballistic missile force. 

11 (b) ELEMENTS.—The plan required by subsection (a) 

12 shall include the following: 

13 (1) An assessment of the storage capacity of 

14 weapons storage areas and any weapons generation 

15 facilities at covered bases, including the capacity of 

16 each covered base to store additional warheads. 

17 (2) An assessment of the current nuclear war18 head transportation capacity of the National Nuclear 

19 Security Administration and associated timelines for 

20 transporting additional nuclear warheads to covered 

21 bases. 

22 (3) An evaluation of the capacity of the mainte23 nance squadrons and security forces at covered 

24 bases and the associated timelines for adding war25 heads to the intercontinental ballistic missile force. 
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1 (4) An identification of actions that would ad2 dress any identified limitations and increase the 

3 readiness of the intercontinental ballistic missile 

4 force to upload additional warheads. 

5 (5) An evaluation of courses of actions to 

6 upload additional warheads to a portion of the inter7 continental ballistic missile force. 

8 (6) An assessment of the feasibility and advis9 ability of initiating immediate deployment of W78 

10 warheads to a single wing of the intercontinental 

11 ballistic missile force as a hedge against delay of the 

12 LGM–35A Sentinel intercontinental ballistic missile. 

13 (7) A funding plan for carrying out actions 

14 identified in paragraphs (4) and (5). 

15 (c) SUBMISSION TO CONGRESS.—Not later than 90 

16 days after the date of the enactment of this Act, the Sec17 retary of the Air Force and the Commander of the United 

18 States Strategic Command shall submit to the congres19 sional defense committees the plan required by subsection 

20 (a). 

21 (d) FORM.—The plan required by subsection (a) shall 

22 be submitted in unclassified form, but may include a clas23 sified annex. 

24 (e) BRIEFING.—Not later than 30 days after the sub25 mission of the plan required by subsection (a), the Sec-
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1 retary of the Air Force and the Commander of the United 

2 States Strategic Command shall brief the congressional 

3 defense committees on the actions being pursued to imple4 ment the plan. 

5 (f) COVERED BASE DEFINED.—The term ‘‘covered 

6 base’’ means the following: 

7 (1) Francis E. Warren Air Force Base, Lar8 amie County, Wyoming. 

9 (2) Malmstrom Air Force Base, Cascade Coun10 ty, Montana. 

11 (3) Minot Air Force Base, Ward County, North 

12 Dakota. 

13 SEC. 1615. TASKING AND OVERSIGHT AUTHORITY WITH RE14 SPECT TO INTERCONTINENTAL BALLISTIC 

15 MISSILE SITE ACTIVATION TASK FORCE FOR 

16 SENTINEL PROGRAM. 

17 Section 1638 of the National Defense Authorization 

18 Act for Fiscal Year 2023 (Public Law 117–263) is amend19 ed by— 

20 (1) redesignating subsection (e) as subsection 

21 (f); and 

22 (2) inserting after subsection (d), the following 

23 new subsection (e): 

24 ‘‘(e) DELEGATION OF AUTHORITY.—The Secretary of 

25 Defense shall— 
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1 ‘‘(1) not later than 120 days after the date of 

2 the enactment of the National Defense Authoriza3 tion Act for Fiscal Year 2024, delegate to the Com4 mander of the Air Force Global Strike Command 

5 such tasking and oversight authorities, as the Sec6 retary considers necessary, with respect to other 

7 components of the Department of Defense partici8 pating in the Task Force; and 

9 ‘‘(2) not later than 30 days after the date of 

10 such delegation of authority, notify the congressional 

11 defense committees of the delegation.’’. 

12 SEC. 1616. LONG-TERM SUSTAINMENT OF SENTINEL ICBM 

13 GUIDANCE SYSTEM. 

14 (a) IN GENERAL.—Prior to issuing a Milestone C de15 cision for the program to develop the LGM–35A Sentinel 

16 intercontinental ballistic missile system (referred to in this 

17 section as the ‘‘Sentinel’’), the Under Secretary of Defense 

18 for Acquisition and Sustainment shall certify to the con19 gressional defense committees that there is a long-term 

20 capability in place to maintain and modernize the guid21 ance system of the Sentinel over the full life cycle of the 

22 Sentinel. 

23 (b) CERTIFICATION ELEMENTS.—The certification 

24 described in subsection (a) shall include a list of capabili25 ties to maintain and advance— 
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1 (1) accelerometers; 

2 (2) gyroscopes; 

3 (3) guidance computers; 

4 (4) specialized mechanical and retaining assem5 blies; 

6 (5) test equipment; and 

7 (6) such other components to ensure the guid8 ance system will be maintained and modernized over 

9 the life of the Sentinel. 

10 SEC. 1617. SENSE OF SENATE ON POLARIS SALES AGREE11 MENT. 

12 (a) FINDINGS.—The Senate finds the following: 

13 (1) On December 21, 1962, President John F. 

14 Kennedy and Prime Minister of the United Kingdom 

15 Harold Macmillan met in Nassau, Bahamas, and 

16 issued a joint statement (commonly referred to as 

17 the ‘‘Statement on Nuclear Defense Systems’’), 

18 agreeing that the United States would make Polaris 

19 missiles available on a continuing basis to the 

20 United Kingdom for use in submarines. 

21 (2) On April 6, 1963, Secretary of State Dean 

22 Rusk and Her Majesty’s Ambassador to the United 

23 States David Ormsby-Gore signed the Polaris Sales 

24 Agreement, reaffirming the Statement on Nuclear 

25 Defense Systems and agreeing that the United 
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1 States Government shall provide and the Govern2 ment of the United Kingdom shall purchase from 

3 the United States Government Polaris missiles, 

4 equipment, and supporting services. 

5 (3) The HMS Resolution launched the first Po6 laris missile of the United Kingdom on February 15, 

7 1968, and, in 1969, commenced the first strategic 

8 deterrent patrol for the United Kingdom, initiating 

9 a continuous at-sea deterrent posture for the United 

10 Kingdom that remains in effect. 

11 (4) The Polaris Sales Agreement was amended 

12 to include the Trident II (D5) strategic weapon sys13 tem on October 19, 1982, in Washington, D.C., 

14 through an exchange of notes between Secretary of 

15 State Jonathan Howe and Her Majesty’s Ambas16 sador to the United States Oliver Wright. 

17 (5) Through an exchange of letters in 2008 be18 tween the Secretary of Defense the Honorable Rob19 ert Gates and the Secretary of State for Defence of 

20 the United Kingdom the Right Honorable Desmond 

21 Browne and under the auspices of the Polaris Sales 

22 Agreement, the United States Government and the 

23 Government of the United Kingdom agreed to con24 tinue cooperation to design a common missile com-
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1 partment for the follow-on ballistic missile sub2 marines of each nation. 

3 (b) SENSE OF THE SENATE.—It is the sense of the 

4 Senate that the Senate— 

5 (1) recognizes the 60th anniversary of the Pola6 ris Sales Agreement between the United States and 

7 the United Kingdom of Great Britain and Northern 

8 Ireland; 

9 (2) congratulates the Royal Navy for stead10 fastly maintaining the Continuous At-Sea Deterrent; 

11 (3) Recognizes the important contribution of 

12 the Continuous At-Sea Deterrent to the North At13 lantic Treaty Organization; 

14 (4) reaffirms that the United Kingdom is a val15 ued and special ally of the United States; and 

16 (5) looks forward to continuing and strength17 ening the shared commitment of the United States 

18 and the United Kingdom to sustain submarine-based 

19 strategic deterrents well into the future. 

20 SEC. 1618. MATTERS RELATING TO THE NUCLEAR-ARMED 

21 SEA-LAUNCHED CRUISE MISSILE. 

22 (a) PROGRAM TREATMENT.—Not later than 90 days 

23 after the date of the enactment of this Act, the Under 

24 Secretary of Defense for Acquisition and Sustainment 

25 shall— 
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1 (1) establish a program for the development of 

2 a nuclear-armed, sea-launched cruise missile capa3 bility; 

4 (2) designate such program as an acquisition 

5 category 1D program, to be managed consistent with 

6 the provisions of Department of Defense Instruction 

7 5000.85 (relating to major capability acquisition); 

8 (3) initiate a nuclear weapon project for the 

9 W80–4 ALT warhead, at phase 6.2 of the phase 6.X 

10 process (relating to feasibility study and down se11 lect), to align with the program described in para12 graph (1); 

13 (4) submit to the National Nuclear Security 

14 Administration a formal request, through the Nu15 clear Weapons Council, for participation in and sup16 port for the W80–4 ALT warhead project; and 

17 (5) designate the Department of the Navy as 

18 the military department to lead the W80–4 ALT nu19 clear weapon program for the Department of De20 fense. 

21 (b) INITIAL OPERATIONAL CAPABILITY.—The Sec22 retary of Defense and the Administrator for Nuclear Secu23 rity shall take such actions as necessary to ensure the pro24 gram described in subsection (a) achieves initial oper25 ational capability, as defined jointly by the Secretary of 
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1 the Navy and the Commander of United States Strategic 

2 Command, by not later than fiscal year 2035. 

3 (c) LIMITATION.—The Under Secretary of Defense 

4 for Acquisition and Sustainment may not approve a Full 

5 Rate Production Decision or authorize Full Scale Produc6 tion (as those terms are defined in the memorandum of 

7 the Nuclear Weapons Council entitled ‘‘Procedural Guide8 lines for the Phase 6.X Process’’ and dated April 19, 

9 2000), for the W80–4 ALT program. 

10 (d) BRIEFING.— 

11 (1) IN GENERAL.—Beginning not later than 

12 November 1, 2023, and on March 1 and September 

13 1 of each year thereafter, the Under Secretary of 

14 Defense for Acquisition and Sustainment, in coordi15 nation with the Secretary of the Navy, the Adminis16 trator for Nuclear Security, and the Commander of 

17 the United States Strategic Command, shall jointly 

18 brief the congressional defense committees on the 

19 progress of the program described in subsection (a). 

20 (2) CONTENTS.—Each briefing required under 

21 paragraph (1) shall include— 

22 (A) a description of significant achieve23 ments of the program described in subsection 

24 (a) completed during the period specified in 
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1 paragraph (3) and any planned objectives that 

2 were not achieved during such period; 

3 (B) for the 180-day period following the 

4 briefing— 

5 (i) planned objectives for the pro6 grams; and 

7 (ii) anticipated spending plans for the 

8 programs; 

9 (C) a description of any notable technical 

10 hurdles that could impede timely completion of 

11 the programs; and 

12 (D) any other information the Under Sec13 retary of Defense for Acquisition and 

14 Sustainment considers appropriate. 

15 (3) PERIOD SPECIFIED.—The period specified 

16 in this paragraph is— 

17 (A) in the case of the first briefing re18 quired by paragraph (1), the 180-day period 

19 preceding the briefing; and 

20 (B) in the case of any subsequent such 

21 briefing, the period since the previous such 

22 briefing. 

23 (4) TERMINATION.—The requirement to pro24 vide briefings under paragraph (1) shall terminate 

25 on the date that the program described in subsection 
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1 (a) achieve initial operational capability, as defined 

2 jointly by the Secretary of the Navy and the Com3 mander of United States Strategic Command. 

4 (e) PHASE 6.X PROCESS DEFINED.—In this section, 

5 the term ‘‘phase 6.X process’’ means the phase 6.X proc6 ess for major stockpile sustainment activities set forth in 

7 the memorandum of the Nuclear Weapons Council entitled 

8 ‘‘Procedural Guidelines for the Phase 6.X Process’’ and 

9 dated April 19, 2000. 

10 SEC. 1619. OPERATIONAL TIMELINE FOR STRATEGIC AUTO11 MATED COMMAND AND CONTROL SYSTEM. 

12 (a) IN GENERAL.—The Secretary of the Air Force 

13 shall develop a replacement of the Strategic Automated 

14 Command and Control System (SACCS) by not later than 

15 the date that the LGM–35A Sentinel intercontinental bal16 listic missile program reaches initial operational capa17 bility. 

18 (b) REPLACEMENT CAPABILITIES.—The replacement 

19 required by subsection (a) shall— 

20 (1) replace the SACCS base processors; 

21 (2) replace the SACCS processors at launch 

22 control centers; 

23 (3) provide internet protocol connectivity for 

24 wing-wide command centers of the LGM–35A Sen25 tinel intercontinental ballistic missile program; 
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1 (4) include such other capabilities necessary to 

2 address the evolving requirements of the LGM–35A 

3 Sentinel intercontinental ballistic missile program as 

4 the Secretary considers appropriate. 

5 SEC. 1620. AMENDMENT TO ANNUAL REPORT ON THE PLAN 

6 FOR THE NUCLEAR WEAPONS STOCKPILE, 

7 NUCLEAR WEAPONS COMPLEX, NUCLEAR 

8 WEAPONS DELIVERY SYSTEMS, AND NU9 CLEAR WEAPONS COMMAND AND CONTROL 

10 SYSTEMS. 

11 Section 492a of title 10, United States Code, is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(d) INDEPENDENT ASSESSMENT BY UNITED

15 STATES STRATEGIC COMMAND.— 

16 ‘‘(1) IN GENERAL.—Not later than 150 days 

17 after the submission to Congress of the budget of 

18 the President under section 1105(a) of title 31, 

19 United States Code, the Commander of United 

20 States Strategic Command shall complete an inde21 pendent assessment of the sufficiency of the execu22 tion of acquisition, construction, and recapitalization 

23 programs of the Department of Defense and the Na24 tional Nuclear Security Administration to modernize 
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1 the nuclear forces of the United States and meet 

2 current and future deterrence requirements. 

3 ‘‘(2) CONTENTS.—The assessment required 

4 under paragraph (1) shall evaluate the ongoing exe5 cution of modernization programs associated with— 

6 ‘‘(A) the nuclear weapons design, produc7 tion, and sustainment infrastructure; 

8 ‘‘(B) the nuclear weapons stockpile; 

9 ‘‘(C) the delivery systems for nuclear weap10 ons; and 

11 ‘‘(D) the nuclear command, control, and 

12 communications system. 

13 ‘‘(3) ROUTING AND SUBMISSION.— 

14 ‘‘(A) SUBMISSION TO NUCLEAR WEAPONS

15 COUNCIL.—Not later than 15 days after com16 pletion of the assessment required by paragraph 

17 (1), the Commander of United States Strategic 

18 Command shall— 

19 ‘‘(i) submit the assessment to the 

20 Chairman of the Nuclear Weapons Council; 

21 and 

22 ‘‘(ii) notify the congressional defense 

23 committees that the assessment has been 

24 submitted to the Chairman of the Nuclear 

25 Weapons Council. 
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1 ‘‘(B) SUBMISSION TO CONGRESS.—Not 

2 later than 15 days after the Chairman of the 

3 Nuclear Weapons Council receives the assess4 ment required by paragraph (1), the Chairman 

5 shall transmit the assessment, without change, 

6 to the congressional defense committees.’’. 

7 SEC. 1621. TECHNICAL AMENDMENT TO ADDITIONAL RE8 PORT MATTERS ON STRATEGIC DELIVERY 

9 SYSTEMS. 

10 Section 495(b) of title 10, United States Code, is 

11 amended in the matter preceding paragraph (1)— 

12 (1) by striking ‘‘before fiscal year 2020’’ and 

13 inserting ‘‘prior to the expiration of the Treaty be14 tween the United States of America and the Russian 

15 Federation on Measures for the Further Reduction 

16 and Limitation of Strategic Offensive Arms, signed 

17 on April 8, 2010, and entered into force on Feb18 ruary 5, 2011 (commonly referred to as the ‘New 

19 START Treaty’)’’; and 

20 (2) by striking ‘‘1043 of the National Defense 

21 Authorization Act for Fiscal Year 2012’’ and insert22 ing ‘‘492(a) of title 10, United States Code,’’. 
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1 SEC. 1622. AMENDMENT TO STUDY OF WEAPONS PRO2 GRAMS THAT ALLOW ARMED FORCES TO AD3 DRESS HARD AND DEEPLY BURIED TARGETS. 

4 Section 1674 of the National Defense Authorization 

5 Act for Fiscal Year 2023 (Public Law 117–263) is amend6 ed— 

7 (1) in subsection (e)— 

8 (A) in the heading, by striking ‘‘ON USE

9 OF FUNDS’’; and 

10 (B) by striking ‘‘none of the funds author11 ized to be appropriated by this Act or otherwise 

12 made available for fiscal year 2023 for the De13 partment of Defense or the Department of En14 ergy for the deactivation, dismantlement, or re15 tirement of the B83–1 nuclear gravity bomb 

16 may be obligated or expended’’ and inserting 

17 ‘‘neither the Secretary of Defense nor the Sec18 retary of Energy may take any action’’; and 

19 (2) in subsection (f), by striking ‘‘on the use of 

20 funds under’’ and inserting ‘‘in’’. 

21 SEC. 1623. LIMITATION ON USE OF FUNDS UNTIL PROVI22 SION OF DEPARTMENT OF DEFENSE INFOR23 MATION TO GOVERNMENT ACCOUNTABILITY 

24 OFFICE. 

25 Of the funds authorized to be appropriated by this 

26 Act for fiscal year 2024 for Operation and Maintenance, 
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1 Defense-wide, and available for the Office of the Under 

2 Secretary of Defense for Policy, not more than 50 percent 

3 may be obligated or expended until the date on which the 

4 Comptroller General of the United States notifies the con5 gressional defense committees that the Secretary of De6 fense has fully complied with information requests by the 

7 Government Accountability Office with respect to the con8 duct of the study required by section 1652 of the National 

9 Defense Authorization Act for Fiscal Year 2022 (Public 

10 Law 117–81; 135 Stat. 2100). 

11 SEC. 1624. MONITORING IRANIAN ENRICHMENT. 

12 (a) SIGNIFICANT ENRICHMENT ACTIVITY DE13 FINED.—In this section, the term ‘‘significant enrichment 

14 activity’’ means— 

15 (1) any enrichment of any amount of uranium– 

16 235 to a purity percentage that is 5 percent higher 

17 than the purity percentage indicated in the prior 

18 submission to Congress under subsection (b)(1); or 

19 (2) any enrichment of uranium–235 in a quan20 tity exceeding 10 kilograms. 

21 (b) SUBMISSION TO CONGRESS.— 

22 (1) IN GENERAL.—Not later than 48 hours 

23 after the Director of National Intelligence assesses 

24 that the Islamic Republic of Iran has produced or 

25 possesses any amount of uranium–235 enriched to 
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1 greater than 60 percent purity or has engaged in 

2 significant enrichment activity, the Director of Na3 tional Intelligence shall submit to Congress such as4 sessment, consistent with the protection of intel5 ligence sources and methods. 

6 (2) DUPLICATION.—For any submission re7 quired by this subsection, the Director of National 

8 Intelligence may rely upon existing products that re9 flect the current analytic judgment of the intel10 ligence community, including reports or products 

11 produced in response to congressional mandate or 

12 requests from executive branch officials. 

13 Subtitle C—Missile Defense 

14 SEC. 1631. DESIGNATION OF OFFICIAL RESPONSIBLE FOR 

15 MISSILE DEFENSE OF GUAM. 

16 Paragraph (1) of section 1660(b) of the James M. 

17 Inhofe National Defense Authorization Act for Fiscal Year 

18 2023 (Public Law 117–263) is amended to read as fol19 lows: 

20 ‘‘(1) DESIGNATION.—The Secretary of Defense 

21 shall designate the Under Secretary of Defense for 

22 Acquisition and Sustainment as the senior official of 

23 the Department of Defense who shall be responsible 

24 for the missile defense of Guam during the period 

25 preceding the date specified in paragraph (5).’’. 
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1 SEC. 1632. SELECTION OF A DIRECTOR OF THE MISSILE DE2 FENSE AGENCY. 

3 Subsection (a) of section 205 of title 10, United 

4 States Code, is amended to read as follows: 

5 ‘‘(a) DIRECTOR OF THE MISSILE DEFENSE AGEN6 CY.—There is a Director of the Missile Defense Agency 

7 who shall be appointed for a period of six years by the 

8 President from among the general officers on active duty 

9 in the Army, Air Force, Marine Corps, or Space Force 

10 or from among the flag officers on active duty in the 

11 Navy.’’. 

12 SEC. 1633. MODIFICATION OF REQUIREMENT FOR COMP13 TROLLER GENERAL OF THE UNITED STATES 

14 REVIEW AND ASSESSMENT OF MISSILE DE15 FENSE ACQUISITION PROGRAMS. 

16 Section 232(a) of the National Defense Authorization 

17 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

18 1339), as amended by section 1688 of the National De19 fense Authorization Act for Fiscal Year 2016 (Public Law 

20 114–92; 129 Stat. 1144) and section 1644 of the William 

21 M. (Mac) Thornberry National Defense Authorization Act 

22 for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 

23 4062), is further amended— 

24 (1) in paragraph (1), by striking ‘‘through 

25 2025’’ and inserting ‘‘through 2030’’; 
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1 (2) in paragraph (2), by striking ‘‘through 

2 2026’’ and inserting ‘‘through 2031’’; and 

3 (3) in paragraph (3)— 

4 (A) in the paragraph heading, by striking 

5 ‘‘EMERGING’’ and inserting ‘‘OTHER DEPART6 MENT OF DEFENSE MISSILE DEFENSE ACQUISI7 TION EFFORTS AND RELATED’’; 

8 (B) by striking ‘‘emerging issues and’’ and 

9 inserting ‘‘emerging issues, any Department of 

10 Defense missile defense acquisition efforts, and 

11 any other related issue and’’; and 

12 (C) by inserting ‘‘on a mutually agreed 

13 upon date’’ before the period at the end. 

14 SEC. 1634. IRON DOME SHORT-RANGE ROCKET DEFENSE 

15 SYSTEM AND ISRAELI COOPERATIVE MISSILE 

16 DEFENSE PROGRAM CO-DEVELOPMENT AND 

17 CO-PRODUCTION. 

18 (a) IRON DOME SHORT-RANGE ROCKET DEFENSE

19 SYSTEM.— 

20 (1) AVAILABILITY OF FUNDS.—Of the funds 

21 authorized to be appropriated by this Act for fiscal 

22 year 2024 for procurement, Defense-wide, and avail23 able for the Missile Defense Agency, not more than 

24 $80,000,000 may be provided to the Government of 

25 Israel to procure components for the Iron Dome 
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1 short-range rocket defense system through co-pro2 duction of such components in the United States by 

3 industry of the United States. 

4 (2) CONDITIONS.— 

5 (A) AGREEMENT.—Funds described in 

6 paragraph (1) for the Iron Dome short-range 

7 rocket defense program shall be available sub8 ject to the terms and conditions in the Agree9 ment Between the Department of Defense of 

10 the United States of America and the Ministry 

11 of Defense of the State of Israel Concerning 

12 Iron Dome Defense System Procurement, 

13 signed on March 5, 2014, as amended to in14 clude co-production for Tamir interceptors. 

15 (B) CERTIFICATION.—Not later than 30 

16 days prior to the initial obligation of funds de17 scribed in paragraph (1), the Under Secretary 

18 of Defense for Acquisition and Sustainment 

19 shall submit to the appropriate congressional 

20 committees— 

21 (i) a certification that the amended bi22 lateral international agreement specified in 

23 subparagraph (A) is being implemented as 

24 provided in such agreement; 
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1 (ii) an assessment detailing any risks 

2 relating to the implementation of such 

3 agreement; and 

4 (iii) for system improvements result5 ing in modified Iron Dome components 

6 and Tamir interceptor sub-components, a 

7 certification that the Government of Israel 

8 has demonstrated successful completion of 

9 Production Readiness Reviews, including 

10 the validation of production lines, the 

11 verification of component conformance, 

12 and the verification of performance to 

13 specification as defined in the Iron Dome 

14 Defense System Procurement Agreement, 

15 as further amended. 

16 (b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO17 GRAM, DAVID’S SLING WEAPON SYSTEM CO-PRODUC18 TION.— 

19 (1) IN GENERAL.—Subject to paragraph (3), of 

20 the funds authorized to be appropriated for fiscal 

21 year 2024 for procurement, Defense-wide, and avail22 able for the Missile Defense Agency not more than 

23 $40,000,000 may be provided to the Government of 

24 Israel to procure the David’s Sling Weapon System, 
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1 including for co-production of parts and components 

2 in the United States by United States industry. 

3 (2) AGREEMENT.—Provision of funds specified 

4 in paragraph (1) shall be subject to the terms and 

5 conditions in the bilateral co-production agreement, 

6 including— 

7 (A) a one-for-one cash match is made by 

8 Israel or in another matching amount that oth9 erwise meets best efforts (as mutually agreed to 

10 by the United States and Israel); and 

11 (B) co-production of parts, components, 

12 and all-up rounds (if appropriate) in the United 

13 States by United States industry for the Da14 vid’s Sling Weapon System is not less than 50 

15 percent. 

16 (3) CERTIFICATION AND ASSESSMENT.—The 

17 Under Secretary of Defense for Acquisition and 

18 Sustainment shall submit to the appropriate con19 gressional committees— 

20 (A) a certification that the Government of 

21 Israel has demonstrated the successful comple22 tion of the knowledge points, technical mile23 stones, and Production Readiness Reviews re24 quired by the research, development, and tech25 nology agreement and the bilateral co-produc-
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1 tion agreement for the David’s Sling Weapon 

2 System; and 

3 (B) an assessment detailing any risks re4 lating to the implementation of such agreement. 

5 (c) ISRAELI COOPERATIVE MISSILE DEFENSE PRO6 GRAM, ARROW 3 UPPER TIER INTERCEPTOR PROGRAM

7 CO-PRODUCTION.— 

8 (1) IN GENERAL.—Subject to paragraph (2), of 

9 the funds authorized to be appropriated for fiscal 

10 year 2024 for procurement, Defense-wide, and avail11 able for the Missile Defense Agency not more than 

12 $80,000,000 may be provided to the Government of 

13 Israel for the Arrow 3 Upper Tier Interceptor Pro14 gram, including for co-production of parts and com15 ponents in the United States by United States in16 dustry. 

17 (2) CERTIFICATION.—The Under Secretary of 

18 Defense for Acquisition and Sustainment shall sub19 mit to the appropriate congressional committees a 

20 certification that— 

21 (A) the Government of Israel has dem22 onstrated the successful completion of the 

23 knowledge points, technical milestones, and 

24 Production Readiness Reviews required by the 

25 research, development, and technology agree-
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1 ment for the Arrow 3 Upper Tier Interceptor 

2 Program; 

3 (B) funds specified in paragraph (1) will 

4 be provided on the basis of a one-for-one cash 

5 match made by Israel or in another matching 

6 amount that otherwise meets best efforts (as 

7 mutually agreed to by the United States and 

8 Israel); 

9 (C) the United States has entered into a 

10 bilateral international agreement with Israel 

11 that establishes, with respect to the use of such 

12 funds— 

13 (i) in accordance with subparagraph 

14 (D), the terms of co-production of parts 

15 and components on the basis of the great16 est practicable co-production of parts, com17 ponents, and all-up rounds (if appropriate) 

18 by United States industry and minimizes 

19 nonrecurring engineering and facilitization 

20 expenses to the costs needed for co-produc21 tion; 

22 (ii) complete transparency on the re23 quirement of Israel for the number of 

24 interceptors and batteries that will be pro25 cured, including with respect to the pro-
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1 curement plans, acquisition strategy, and 

2 funding profiles of Israel; 

3 (iii) technical milestones for co-pro4 duction of parts and components and pro5 curement; 

6 (iv) a joint affordability working 

7 group to consider cost reduction initiatives; 

8 and 

9 (v) joint approval processes for third10 party sales; and 

11 (D) the level of co-production described in 

12 subparagraph (C)(i) for the Arrow 3 Upper 

13 Tier Interceptor Program is not less than 50 

14 percent. 

15 (d) NUMBER.—In carrying out paragraph (2) of sub16 section (b) and paragraph (2) of subsection (c), the Under 

17 Secretary may submit— 

18 (1) one certification covering both the David’s 

19 Sling Weapon System and the Arrow 3 Upper Tier 

20 Interceptor Program; or 

21 (2) separate certifications for each respective 

22 system. 

23 (e) TIMING.—The Under Secretary shall submit to 

24 the congressional defense committees the certification and 

25 assessment under subsection (b)(3) and the certification 
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1 under subsection (c)(2) no later than 30 days before the 

2 funds specified in paragraph (1) of subsections (b) and 

3 (c) for the respective system covered by the certification 

4 are provided to the Government of Israel. 

5 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE6 FINED.—In this section, the term ‘‘appropriate congres7 sional committees’’ means the following: 

8 (1) The congressional defense committees. 

9 (2) The Committee on Foreign Relations of the 

10 Senate and the 

11 (3) Committee on Foreign Affairs of the House 

12 of Representatives. 

13 SEC. 1635. MODIFICATION OF SCOPE OF PROGRAM AC14 COUNTABILITY MATRICES REQUIREMENTS 

15 FOR NEXT GENERATION INTERCEPTORS FOR 

16 MISSILE DEFENSE OF THE UNITED STATES 

17 HOMELAND. 

18 Section 1668(f) of the National Defense Authoriza19 tion Act for Fiscal Year 2022 (Public Law 117–81) is 

20 amended— 

21 (1) by inserting ‘‘and the product development 

22 phase’’ after ‘‘technology development phase’’ each 

23 place is appears; and 
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1 (2) in paragraph (7), by striking ‘‘enter the 

2 product development phase’’ and inserting ‘‘enter 

3 the production phase’’. 

4 SEC. 1636. LIMITATION ON AVAILABILITY OF FUNDS FOR 

5 OFFICE OF COST ASSESSMENT AND PRO6 GRAM EVALUATION UNTIL SUBMISSION OF 

7 MISSILE DEFENSE ROLES AND RESPONSIBIL8 ITIES REPORT. 

9 Of the funds authorized to be appropriated for fiscal 

10 year 2024 by section 301 for operation and maintenance, 

11 Defense-wide, and available for the Office of Cost Assess12 ment and Program Evaluation, not more than 50 percent 

13 may be obligated or expended until the date on which the 

14 Secretary of Defense submits to the congressional defense 

15 committees the report required by section 1675(b) of the 

16 National Defense Authorization Act for Fiscal Year 2022 

17 (Public Law 117–81). 

18 SEC. 1637. INTEGRATED AIR AND MISSILE DEFENSE ARCHI19 TECTURE FOR THE INDO-PACIFIC REGION. 

20 (a) STRATEGY REQUIRED.—The Commander of 

21 United States Indo-Pacific Command shall, in coordina22 tion with the Under Secretary of Defense for Acquisition 

23 and Sustainment, the Commander of United States 

24 Northern Command, the Director of the Missile Defense 

25 Agency, and the Director of the Joint Integrated Air and 
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1 Missile Defense Organization, develop a comprehensive 

2 strategy for developing, acquiring, and operationally estab3 lishing an integrated air and missile defense architecture 

4 for the United States Indo-Pacific Command area of re5 sponsibility. 

6 (b) STRATEGY COMPONENTS.—At a minimum, the 

7 strategy required by subsection (a) shall address the fol8 lowing: 

9 (1) The sensing, tracking, and intercepting ca10 pabilities required to address the full range of cred11 ible missile threats to— 

12 (A) the Hawaiian Islands; 

13 (B) the island of Guam and other islands 

14 in the greater Marianas region, as determined 

15 necessary by the Commander of United States 

16 Indo-Pacific Command; 

17 (C) other United States territories within 

18 the area of responsibility of United States Indo19 Pacific Command; and 

20 (D) United States forces deployed within 

21 the territories of other nations within such area 

22 of responsibility. 

23 (2) The appropriate balance of missile detec24 tion, tracking, defense, and defeat capabilities within 

25 such area of responsibility. 
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1 (3) A command and control network for inte2 grating missile detection, tracking, defense, and de3 feat capabilities across such area of responsibility. 

4 (4) A time-phased scheduling construct for 

5 fielding the constituent systems that will comprise 

6 the integrated air and missile defense architecture 

7 for such area of responsibility. 

8 (c) ANNUAL REPORT.— 

9 (1) IN GENERAL.—Not later than March 15, 

10 2024, and not less frequently than once each year 

11 thereafter, the Commander of United States Indo12 Pacific Command shall, in coordination with the 

13 Under Secretary of Defense for Acquisition and 

14 Sustainment, the Commander of United States 

15 Northern Command, the Director of the Missile De16 fense Agency, and the Director of the Joint Inte17 grated Air and Missile Defense Organization, submit 

18 to the congressional defense committees an annual 

19 report outlining the following with regard to the 

20 strategy developed pursuant to subsection (a): 

21 (A) The activities conducted and progress 

22 made in developing and implementing the strat23 egy over the previous calendar year. 
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1 (B) The planned activities for developing 

2 and implementing the strategy in the upcoming 

3 year. 

4 (C) A description of likely risks and im5 pediments to the successful implementation of 

6 the strategy. 

7 (2) TERMINATION.—The requirements of para8 graph (1) shall terminate on the earlier of the fol9 lowing: 

10 (A) March 15, 2029. 

11 (B) The date on which a comprehensive in12 tegrated air and missile defense architecture for 

13 the area of responsibility of United States Indo14 Pacific Command has achieved initial oper15 ational capability, as determined jointly by the 

16 Commander of United States Indo-Pacific Com17 mand and the Director of the Missile Defense 

18 Agency. 

19 (d) LIMITATIONS.—Of the equipment and compo20 nents previously procured by the Department of Defense 

21 for the purposes of constructing the Homeland Defense 

22 Radar–Hawaii, none of such assets may be repurposed for 

23 other uses until the first annual report required by sub24 section (c)(1) is submitted to the congressional defense 

25 committees pursuant to such subsection. 
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1 SEC. 1638. MODIFICATION OF NATIONAL MISSILE DEFENSE 

2 POLICY. 

3 Section 1681(a) of the of the National Defense Au4 thorization Act for fiscal year 2017 (Public Law 114–328; 

5 10 U.S.C. 4205 note) is amended to read as follows: 

6 ‘‘(a) POLICY.—It is the policy of the United States 

7 to— 

8 ‘‘(1) maintain and improve, with funding sub9 ject to the annual authorization of appropriations 

10 and the annual appropriation of funds for National 

11 Missile Defense— 

12 ‘‘(A) an effective, layered missile defense 

13 system capable of defending the territory of the 

14 United States against the developing and in15 creasingly complex missile threat; and 

16 ‘‘(B) an effective regional missile defense 

17 system capable of defending the allies, partners, 

18 and deployed forces of the United States 

19 against increasingly complex missile threats; 

20 and 

21 ‘‘(2) rely on nuclear deterrence to address more 

22 sophisticated and larger quantity near-peer inter23 continental missile threats to the homeland of the 

24 United States.’’. 
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1 Subtitle D—Other Matters 

2 SEC. 1641. ELECTRONIC WARFARE. 

3 (a) IN GENERAL.—Part I of subtitle A of title 10, 

4 United States Code, is amended by adding at the end the 

5 following new chapter: 

6 ‘‘CHAPTER 25—ELECTRONIC WARFARE 

‘‘Sec. 

‘‘500. Electronic Warfare Executive Committee. 

‘‘500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations. 

‘‘500b. Annual report on electronic warfare strategy of the Department of Defense. 

‘‘500c. Annual assessment of budget with respect to electronic warfare capabilities. 

‘‘500d. Electromagnetic spectrum superiority implementation plan. 

‘‘500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations. 

‘‘500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions. 

7 ‘‘§ 500. Electronic Warfare Executive Committee 

8 ‘‘(a) IN GENERAL.—There is within the Department 

9 of Defense an Electronic Warfare Executive Committee 

10 (in this section referred to as the ‘Executive Committee’). 

11 ‘‘(b) PURPOSES.—The Executive Committee shall— 

12 ‘‘(1) serve as the principal forum within the De13 partment of Defense to inform, coordinate, and 

14 evaluate matters relating to electronic warfare; 

15 ‘‘(2) provide senior oversight, coordination, and 

16 budget and capability harmonization with respect to 

17 such matters; and 

18 ‘‘(3) act as an advisory body to the Secretary 

19 of Defense, the Deputy Secretary of Defense, and 
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1 the Management Action Group of the Deputy Sec2 retary with respect to such matters. 

3 ‘‘(c) RESPONSIBILITIES.—The Executive Committee 

4 shall— 

5 ‘‘(1) advise key senior level decision-making 

6 bodies of the Department of Defense with respect to 

7 the development and implementation of acquisition 

8 investments relating to electronic warfare and elec9 tromagnetic spectrum operations of the Department, 

10 including relevant acquisition policies, projects, pro11 grams, modeling, and test and evaluation infrastruc12 ture; 

13 ‘‘(2) provide a forum to enable synchronization 

14 and integration support with respect to the develop15 ment and acquisition of electronic warfare capabili16 ties— 

17 ‘‘(A) by aligning the processes of the De18 partment for requirements, research, develop19 ment, acquisition, testing, and sustainment; and 

20 ‘‘(B) carrying out other related duties; and 

21 ‘‘(3) act as the senior level review forum for the 

22 portfolio of capability investments of the Depart23 ment relating to electronic warfare and electro24 magnetic spectrum operations and other related 

25 matters. 
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1 ‘‘(d) COORDINATION WITH INTELLIGENCE COMMU2 NITY.—The Executive Committee, acting through the 

3 Under Secretary of Defense for Intelligence and Security, 

4 shall coordinate with the intelligence community (as de5 fined in section 3 of the National Security Act of 1947 

6 (50 U.S.C. 3003)) to generate requirements, facilitate col7 laboration, establish interfaces, and align efforts of the 

8 Department of Defense with respect to electronic warfare 

9 capability and acquisition with efforts of the intelligence 

10 community relating to electronic warfare capability and 

11 acquisition in areas of dependency or mutual interest be12 tween the Department and the intelligence community. 

13 ‘‘(e) MEETINGS.— 

14 ‘‘(1) FREQUENCY.—The Executive Committee 

15 shall hold meetings not less frequently than quar16 terly and as necessary to address particular issues. 

17 ‘‘(2) FORM.—The Executive Committee may 

18 hold meetings by videoconference. 

19 ‘‘(f) MEMBERSHIP.— 

20 ‘‘(1) IN GENERAL.—The Executive Committee 

21 shall be composed of the following principal mem22 bers: 

23 ‘‘(A) The Under Secretary of Defense for 

24 Acquisition and Sustainment. 
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1 ‘‘(B) The Vice Chairman of the Joint 

2 Chiefs of Staff. 

3 ‘‘(C) The Under Secretary of Defense for 

4 Intelligence and Security. 

5 ‘‘(D) The Under Secretary of Defense for 

6 Policy. 

7 ‘‘(E) The Commander of the United States 

8 Strategic Command. 

9 ‘‘(F) The Chief Information Officer of the 

10 Department of Defense. 

11 ‘‘(G) Such other Federal officers or em12 ployees as the Secretary of Defense considers 

13 appropriate, consistent with other authorities of 

14 the Department of Defense and publications of 

15 the Joint Staff, including the Charter for the 

16 Electronic Warfare Executive Committee, dated 

17 March 17, 2015. 

18 ‘‘(g) CO-CHAIRS OF EXECUTIVE COMMITTEE.— 

19 ‘‘(1) IN GENERAL.—The Under Secretary of 

20 Defense for Acquisition and Sustainment and the 

21 Vice Chairman of the Joint Chiefs of Staff, or their 

22 designees, shall serve as co-chairs of the Executive 

23 Committee. 

24 ‘‘(2) RESPONSIBILITIES OF CO-CHAIRS.—The 

25 co-chairs of the Executive Committee shall— 
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1 ‘‘(A) preside at all Executive Committee 

2 meetings or have their designees preside at such 

3 meetings; 

4 ‘‘(B) provide administrative control of the 

5 Executive Committee; 

6 ‘‘(C) jointly guide the activities and actions 

7 of the Executive Committee; 

8 ‘‘(D) approve all agendas for and sum9 maries of meetings of the Executive Committee; 

10 ‘‘(E) charter tailored working groups to 

11 conduct mission area analysis, as required, 

12 under subsection (i); and 

13 ‘‘(F) perform such other duties as may be 

14 necessary to ensure the good order and func15 tioning of the Executive Committee. 

16 ‘‘(h) ELECTRONIC WARFARE CAPABILITY TEAM.— 

17 ‘‘(1) IN GENERAL.—There is within the Execu18 tive Committee an electronic warfare capability 

19 team, which shall— 

20 ‘‘(A) serve as a flag officer level focus 

21 group and executive secretariat subordinate to 

22 the Executive Committee; and 

23 ‘‘(B) in that capacity— 

24 ‘‘(i) provide initial senior level coordi25 nation on key electronic warfare issues; 
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1 ‘‘(ii) prepare recommended courses of 

2 action to present to the Executive Com3 mittee; and 

4 ‘‘(iii) perform other related duties. 

5 ‘‘(2) CO-CHAIRS.—The electronic warfare capa6 bility team shall be co-chaired by one representative 

7 from the Office of the Under Secretary of Defense 

8 for Acquisition and Sustainment and one representa9 tive from the Force Structure, Resources, and As10 sessment Directorate of the Joint Staff (J–8). 

11 ‘‘(3) STAFF.—The principal members of the 

12 Executive Committee shall designate representatives 

13 from their respective staffs to the electronic warfare 

14 capability team. 

15 ‘‘(i) MISSION AREA WORKING GROUPS.— 

16 ‘‘(1) IN GENERAL.—The Executive Committee 

17 shall establish mission area working groups on a 

18 temporary basis— 

19 ‘‘(A) to address specific issues and mission 

20 areas relating to electronic warfare and electro21 magnetic spectrum operations; 

22 ‘‘(B) to involve subject matter experts and 

23 components of the Department of Defense with 

24 expertise in electronic warfare and electro25 magnetic spectrum operations; and 
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1 ‘‘(C) to perform other related duties. 

2 ‘‘(2) DISSOLUTION.—The Executive Committee 

3 shall dissolve a mission area working group estab4 lished under paragraph (1) once the issue the work5 ing group was established to address is satisfactorily 

6 resolved. 

7 ‘‘(j) ADMINISTRATION.—The Under Secretary of De8 fense for Acquisition and Sustainment shall administra9 tively support the Executive Committee, including by des10 ignating not fewer than two officials of the Department 

11 of Defense to support the day-to-day operations of the Ex12 ecutive Committee. 

13 ‘‘(k) REPORT TO CONGRESS.—Not later than Feb14 ruary 28, 2024, and annually thereafter through 2030, the 

15 Executive Committee shall submit to the congressional de16 fense committees a summary of activities of the Executive 

17 Committee during the preceding fiscal year. 

18 ‘‘§ 500a. Guidance on the electronic warfare mission 

19 area and joint electromagnetic spectrum 

20 operations 

21 ‘‘The Secretary of Defense shall— 

22 ‘‘(1) establish processes and procedures to de23 velop, integrate, and enhance the electronic warfare 

24 mission area and the conduct of joint electro-
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1 magnetic spectrum operations in all domains across 

2 the Department of Defense; and 

3 ‘‘(2) ensure that such processes and procedures 

4 provide for integrated defense-wide strategy, plan5 ning, and budgeting with respect to the conduct of 

6 such operations by the Department, including activi7 ties conducted to counter and deter such operations 

8 by malign actors. 

9 ‘‘§ 500b. Annual report on electronic warfare strategy 

10 of the Department of Defense 

11 ‘‘(a) IN GENERAL.—At the same time as the Presi12 dent submits to Congress the budget of the President 

13 under section 1105(a) of title 31 for each of fiscal years 

14 2025 through 2029, the Secretary of Defense, in coordina15 tion with the Chairman of the Joint Chiefs of Staff and 

16 the Secretary of each of the military departments, shall 

17 submit to the congressional defense committees an annual 

18 report on the electronic warfare strategy of the Depart19 ment of Defense. 

20 ‘‘(b) CONTENTS OF REPORT.—Each report required 

21 under subsection (a) shall include each of the following: 

22 ‘‘(1) A description and overview of— 

23 ‘‘(A) the electronic warfare strategy of the 

24 Department of Defense; 
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1 ‘‘(B) how such strategy supports the Na2 tional Defense Strategy; and 

3 ‘‘(C) the organizational structure assigned 

4 to oversee the development of the Department’s 

5 electronic warfare strategy, requirements, capa6 bilities, programs, and projects. 

7 ‘‘(2) A list of all the electronic warfare acquisi8 tion programs and research and development 

9 projects of the Department of Defense and a de10 scription of how each program or project supports 

11 the Department’s electronic warfare strategy. 

12 ‘‘(3) For each unclassified program or project 

13 on the list required by paragraph (2)— 

14 ‘‘(A) the senior acquisition executive and 

15 organization responsible for oversight of the 

16 program or project; 

17 ‘‘(B) whether or not validated require18 ments exist for the program or project and, if 

19 such requirements do exist, the date on which 

20 the requirements were validated and the organi21 zational authority that validated such require22 ments; 

23 ‘‘(C) the total amount of funding appro24 priated, obligated, and forecasted by fiscal year 

25 for the program or project, including the pro-
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1 gram element or procurement line number from 

2 which the program or project receives funding; 

3 ‘‘(D) the development or procurement 

4 schedule for the program or project; 

5 ‘‘(E) an assessment of the cost, schedule, 

6 and performance of the program or project as 

7 it relates to the program baseline for the pro8 gram or project, as of the date of the submis9 sion of the report, and the original program 

10 baseline for such program or project, if such 

11 baselines are not the same; 

12 ‘‘(F) the technology readiness level of each 

13 critical technology that is part of the program 

14 or project; 

15 ‘‘(G) whether or not the program or 

16 project is redundant or overlaps with the efforts 

17 of another military department; and 

18 ‘‘(H) the capability gap that the program 

19 or project is being developed or procured to ful20 fill. 

21 ‘‘(4) A classified annex that contains the items 

22 described in subparagraphs (A) through (H) of 

23 paragraph (3) for each classified program or project 

24 on the list required by paragraph (2). 
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1 ‘‘§ 500c. Annual assessment of budget with respect to 

2 electronic warfare capabilities 

3 ‘‘At the same time as the President submits to Con4 gress the budget of the President under section 1105(a) 

5 of title 31 for each of fiscal years 2025 through 2029, 

6 the Secretary of Defense shall submit to the congressional 

7 defense committees an assessment by the Director of Cost 

8 Assessment and Program Evaluation as to whether suffi9 cient funds are requested in such budget for anticipated 

10 activities in such fiscal year for each of the following: 

11 ‘‘(1) The development of an electromagnetic 

12 battle management capability for joint electro13 magnetic spectrum operations. 

14 ‘‘(2) The establishment and operation of associ15 ated joint electromagnetic spectrum operations cells. 

16 ‘‘§ 500d. Electromagnetic spectrum superiority imple17 mentation plan 

18 ‘‘(a) IN GENERAL.—The Chief Information Officer of 

19 the Department of Defense shall be responsible for over20 sight of the electromagnetic superiority implementation 

21 plan. 

22 ‘‘(b) REPORT REQUIRED.—Concurrent with the sub23 mission of the budget of the President to Congress under 

24 section 1105(a) of title 31 for each of fiscal years 2025 

25 through 2029, the Chief Information Officer shall submit 

26 to the congressional defense committees a report that in-
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1 cludes the following with respect to the electromagnetic 

2 superiority implementation plan: 

3 ‘‘(1) The implementation plan in effect as of 

4 the date of the report, noting any revisions from the 

5 preceding plan. 

6 ‘‘(2) A statement of the elements of the imple7 mentation plan that have been achieved. 

8 ‘‘(3) For each element that has been achieved, 

9 an assessment of whether the element is having its 

10 intended effect. 

11 ‘‘(4) For any element that has not been 

12 achieved, an assessment of progress made in achiev13 ing the element, including a description of any ob14 stacles that may hinder further progress. 

15 ‘‘(5) For any element that has been removed 

16 from the implementation plan, a description of the 

17 reason for the removal of the element and an assess18 ment of the impact of not pursuing achievement of 

19 the element. 

20 ‘‘(6) Such additional matters as the Chief In21 formation Officer considers appropriate. 

22 ‘‘(c) ELECTROMAGNETIC SUPERIORITY IMPLEMEN23 TATION PLAN DEFINED.—In this section, the term ‘elec24 tromagnetic superiority implementation plan’ means the 

25 Electromagnetic Superiority Implementation Plan signed 
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1 by the Secretary of Defense on July 15, 2021, and any 

2 successor plan. 

3 ‘‘§ 500e. Electromagnetic Spectrum Enterprise Oper4 ational Lead for Joint Electromagnetic 

5 Spectrum Operations 

6 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

7 date of the enactment of the National Defense Authoriza8 tion Act for Fiscal Year 2024, the Secretary of Defense 

9 shall establish an Electromagnetic Spectrum Enterprise 

10 Operational Lead for Joint Electromagnetic Spectrum Op11 erations (in this section referred to as the ‘operational 

12 lead’) at the United States Strategic Command, which 

13 shall report to the Commander of the United States Stra14 tegic Command. 

15 ‘‘(b) FUNCTION.—The operational lead shall be re16 sponsible for synchronizing, assessing, and making rec17 ommendations to the Chairman of the Joint Chiefs of 

18 Staff with respect to the readiness of the combatant com19 mands to conduct joint electromagnetic spectrum oper20 ations. 

21 ‘‘(c) BRIEFINGS REQUIRED.—Concurrent with the 

22 submission of the budget of the President to Congress 

23 under section 1105(a) of title 31 for each of fiscal years 

24 2025 through 2029, the Chairman, acting through the 
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1 operational lead, shall brief to the congressional defense 

2 committees on the following: 

3 ‘‘(1) Progress made in achieving full oper4 ational capability to conduct joint electromagnetic 

5 spectrum operations and any impediments to achiev6 ing such capability. 

7 ‘‘(2) The readiness of the combatant commands 

8 to conduct such operations. 

9 ‘‘(3) Recommendations for overcoming any defi10 ciencies in the readiness of the combatant commands 

11 to conduct such operations and any material gaps 

12 contributing to such deficiencies. 

13 ‘‘(4) Such other matters as the Chairman con14 siders important to ensuring that the combatant 

15 commands are capable of conducting such oper16 ations. 

17 ‘‘§ 500f. Evaluations of abilities of armed forces and 

18 combatant commands to perform electro19 magnetic spectrum operations missions 

20 ‘‘(a) EVALUATIONS OF ARMED FORCES.— 

21 ‘‘(1) IN GENERAL.—Not later than October 1, 

22 2024, and annually thereafter through 2029, the 

23 Chief of Staff of the Army, the Chief of Naval Oper24 ations, the Chief of Staff of the Air Force, the Com25 mandant of the Marine Corps, and the Chief of 
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1 Space Operations shall each carry out an evaluation 

2 of the ability of the armed force concerned to per3 form electromagnetic spectrum operations missions 

4 required by each of the following: 

5 ‘‘(A) The Electromagnetic Spectrum Supe6 riority Strategy. 

7 ‘‘(B) The Joint Staff-developed concept of 

8 operations for electromagnetic spectrum oper9 ations. 

10 ‘‘(C) The operations and contingency plans 

11 of the combatant commands. 

12 ‘‘(2) CERTIFICATION REQUIRED.—Not later 

13 than December 31 of each year in which evaluations 

14 are required under paragraph (1), each official spec15 ified in that paragraph shall certify to the congres16 sional defense committees that the evaluation re17 quired to be carried out by that official has oc18 curred. 

19 ‘‘(3) ELEMENTS.—Each evaluation under para20 graph (1) shall include an assessment of the fol21 lowing: 

22 ‘‘(A) Current programs of record, includ23 ing— 
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1 ‘‘(i) the ability of weapon systems to 

2 perform missions in contested electro3 magnetic spectrum environments; and 

4 ‘‘(ii) the ability of electronic warfare 

5 capabilities to disrupt adversary oper6 ations. 

7 ‘‘(B) Future programs of record, includ8 ing— 

9 ‘‘(i) the need for distributed or net10 work-centric electronic warfare and signals 

11 intelligence capabilities; and 

12 ‘‘(ii) the need for automated and ma13 chine learning- or artificial intelligence-as14 sisted electronic warfare capabilities. 

15 ‘‘(C) Order of battle. 

16 ‘‘(D) Individual and unit training. 

17 ‘‘(E) Tactics, techniques, and procedures, 

18 including— 

19 ‘‘(i) maneuver, distribution of assets, 

20 and the use of decoys; and 

21 ‘‘(ii) integration of non-kinetic and ki22 netic fires. 

23 ‘‘(F) Other matters relevant to evaluating 

24 the ability of the armed force concerned to per-
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1 form electromagnetic spectrum operations mis2 sions described in paragraph (1). 

3 ‘‘(b) EVALUATIONS OF COMBATANT COMMANDS.— 

4 ‘‘(1) IN GENERAL.—Not later than October 1, 

5 2024, and annually thereafter through 2029, the 

6 Chairman of the Joint Chiefs of Staff, acting 

7 through the Electromagnetic Spectrum Enterprise 

8 Operational Lead for Joint Electromagnetic Spec9 trum Operations established under section 500e (in 

10 this section referred to as the ‘operational lead’), 

11 shall carry out an evaluation of the plans and pos12 ture of the combatant commands to execute the elec13 tromagnetic spectrum operations envisioned in each 

14 of the following: 

15 ‘‘(A) The Electromagnetic Spectrum Supe16 riority Strategy. 

17 ‘‘(B) The Joint Staff-developed concept of 

18 operations for electromagnetic spectrum oper19 ations. 

20 ‘‘(2) ELEMENTS.—Each evaluation under para21 graph (1) shall include an assessment, as relevant, 

22 of the following: 

23 ‘‘(A) Operation and contingency plans. 
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1 ‘‘(B) The manning, organizational align2 ment, and capability of joint electromagnetic 

3 spectrum operations cells. 

4 ‘‘(C) Mission rehearsal and exercises. 

5 ‘‘(D) Force positioning, posture, and readi6 ness. 

7 ‘‘(3) BRIEFING REQUIRED.—Not later than De8 cember 31 of each year in which an evaluation is re9 quired under paragraph (A), the Chairman of the 

10 Joint Chiefs of Staff, acting through the operational 

11 lead, shall brief the congressional defense commit12 tees on the results of the evaluation.’’. 

13 (b) CLERICAL AMENDMENT.—The tables of chapters 

14 at the beginning of subtitle A of title 10, United States 

15 Code, and at the beginning of part I of such subtitle, are 

16 each amended by inserting after the item relating to chap17 ter 24 the following new item: 

‘‘25. Electronic Warfare ........................................................................... 500’’. 

18 (c) CONFORMING REPEAL.—Section 1053 of the 

19 John S. McCain National Defense Authorization Act for 

20 Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 113 

21 note) is repealed. 
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1 SEC. 1642. STUDY ON THE FUTURE OF THE INTEGRATED 

2 TACTICAL WARNING ATTACK ASSESSMENT 

3 SYSTEM. 

4 (a) IN GENERAL.—The Chairman of the Joint Chiefs 

5 of Staff shall enter into an agreement with a federally 

6 funded research and development center— 

7 (1) to conduct a study on the future of the In8 tegrated Tactical Warning Attack Assessment Sys9 tem (ITW/AA); and 

10 (2) to submit to the Chairman a report on the 

11 findings of the center with respect to the study con12 ducted under paragraph (1). 

13 (b) ELEMENTS.—The study conducted pursuant to 

14 an agreement under subsection (a) shall cover the fol15 lowing: 

16 (1) Future air and missile threats to the United 

17 States. 

18 (2) The integration of multi-domain sensor data 

19 and their ground systems with the existing architec20 ture of the Integrated Tactical Warning Attack As21 sessment System. 

22 (3) The effect of the integration described in 

23 paragraph (2) on the data reliability standards of 

24 the Integrated Tactical Warning Attack Assessment 

25 System. 
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1 (4) Future data visualization, conferencing, and 

2 decisionmaking capabilities of such system. 

3 (5) Such other matters as the Chairman con4 siders relevant to the study. 

5 (c) REPORT.—Not later than 270 days after the date 

6 of the enactment of this Act, the Chairman shall submit 

7 to the congressional defense committees— 

8 (1) the report submitted to the Chairman under 

9 subsection (a)(2); and 

10 (2) the assessment of the Chairman with re11 spect to the findings in such report and the rec12 ommendations of the Chairman with respect to mod13 ernizing the Integrated Tactical Warning Attack As14 sessment System. 

15 SEC. 1643. COMPREHENSIVE REVIEW OF ELECTRONIC WAR16 FARE TEST RANGES AND FUTURE CAPABILI17 TIES. 

18 (a) IN GENERAL.—The Under Secretary of Defense 

19 for Research and Engineering, in consultation with the 

20 Chairman of the Joint Chiefs of Staff, shall conduct a 

21 comprehensive review of any deficiencies in the capacity 

22 of the electronic warfare test ranges and future electronic 

23 warfare capabilities of the Department of Defense relating 

24 to current and future global threats, research and develop-
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1 ment efforts, modeling, and electromagnetic and physical 

2 encroachment of the test ranges. 

3 (b) ELEMENTS.—The review required by subsection 

4 (a) shall consider the following: 

5 (1) Each electronic warfare test range, its size, 

6 any distinguishing features, and its electronic war7 fare capabilities. 

8 (2) The electronic warfare capabilities that are 

9 best practiced at which range and any encroachment 

10 issues between ranges. 

11 (3) Future electronic warfare capabilities and 

12 planned acquisitions. 

13 (4) Any modeling the Test Resource Manage14 ment Center has done on incorporating future or 

15 planned electronic warfare capabilities into the cur16 rent test ranges. 

17 (5) Any other matter the Under Secretary con18 siders necessary. 

19 (c) BRIEFING REQUIRED.—Not later than March 31, 

20 2024, the Under Secretary shall provide the congressional 

21 defense committees with a briefing on the findings of the 

22 review required by subsection (a) that includes— 

23 (1) an assessment of any deficiency in the elec24 tronic warfare test ranges and future electronic war-
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1 fare capabilities of the Department of Defense iden2 tified in the review; and 

3 (2) a plan to address any such deficiency in a 

4 timely manner. 

5 SEC. 1644. EXTENSION OF AUTHORIZATION FOR PROTEC6 TION OF CERTAIN FACILITIES AND ASSETS 

7 FROM UNMANNED AIRCRAFT. 

8 Section 130i(i) of title 10, United States Code, is 

9 amended by striking ‘‘2023’’ both places it appears and 

10 inserting ‘‘2026’’. 

11 SEC. 1645. ADDRESSING SERIOUS DEFICIENCIES IN ELEC12 TRONIC PROTECTION OF SYSTEMS THAT OP13 ERATE IN THE RADIO FREQUENCY SPEC14 TRUM. 

15 (a) IN GENERAL.—The Secretary of Defense shall 

16 take such actions as the Secretary considers necessary and 

17 practicable— 

18 (1) to establish requirements for and assign 

19 sufficient priority to ensuring electronic protection of 

20 sensor, navigation, and communications systems and 

21 subsystems against jamming, spoofing, and unin22 tended interference from military systems; and 

23 (2) to provide management oversight and super24 vision of the military departments to ensure elec25 tronic protection of military systems that emit and 
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1 receive in radio frequencies against modern threats 

2 and interference from military systems operating in 

3 the same or adjacent radio frequency of Federal 

4 spectrum. 

5 (b) SPECIFIC REQUIRED ACTIONS.—The Secretary 

6 shall require the military departments and combat support 

7 agencies to— 

8 (1) develop and approve requirements, through 

9 the Joint Requirements Oversight Council as appro10 priate, within 270 days of the date of the enactment 

11 of this Act, for every radar, signals intelligence, 

12 navigation, and communications system and sub13 system subject to the Global Force Management 

14 process to be able to withstand threat-realistic levels 

15 of jamming, spoofing, and unintended interference, 

16 which includes self-generated interference; 

17 (2) test every system and subsystem described 

18 in paragraph (1) at a test range that permits threat19 realistic electronic warfare attacks against the sys20 tem or subsystem by a red team or opposition force 

21 at least once every 4 years, with the first set of 

22 highest priority systems to be initially tested no later 

23 than fiscal year 2025; 

24 (3) retrofit every system and subsystem de25 scribed in paragraph (1) that fails to meet electronic 
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1 protection requirements during testing with elec2 tronic protection measures that can withstand 

3 threat-realistic jamming, spoofing, and unintended 

4 interference within 3 years from the date of the test5 ing, and to retest such systems and subsystems 

6 within 4 years of the initial failed test; 

7 (4) survey, identify, and test available tech8 nology that can be practically and affordably retro9 fitted on the systems described in paragraph (1) and 

10 which provides robust protection against threat-real11 istic jamming, spoofing, and unintended inter12 ference; and 

13 (5) design and build electronic protection into 

14 ongoing and future development programs to with15 stand expected jamming and spoofing threats and 

16 unintended interference. 

17 (c) WAIVER.—The Secretary may establish a process 

18 for issuing waivers on a case-by-case basis for the testing 

19 requirement established in paragraph (2) of subsection (b) 

20 and for the retrofit requirement established in paragraph 

21 (3) of such subsection. 

22 (d) ANNUAL REPORTS.—Each fiscal year, coinciding 

23 with the submission of the President’s budget request to 

24 Congress pursuant to section 1105(a) of title 31, United 

25 States Code, through fiscal year 2030, the Director of 
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1 Operational Test and Evaluation shall submit to the Elec2 tronic Warfare Executive Committee, the Committee on 

3 Armed Services of the Senate, and the Committee on 

4 Armed Services of the House of Representatives a com5 prehensive annual report aggregating reporting from the 

6 military departments and combat support agencies that 

7 describes— 

8 (1) the implementation of the requirements of 

9 this section; 

10 (2) the systems subject to testing in the pre11 vious year and the results of such tests, including a 

12 description of the requirements for electronic protec13 tion established for the tested systems; and 

14 (3) each waiver issued in the previous year with 

15 respect to such requirements, together with a de16 tailed rationale for the waiver and a plan for ad17 dressing the basis for the waiver request. 

18 SEC. 1646. FUNDING LIMITATION ON CERTAIN UNRE19 PORTED PROGRAMS. 

20 (a) LIMITATION ON AVAILABILITY OF FUNDS.—None 

21 of the funds authorized to be appropriated by this Act for 

22 fiscal year 2024 may be obligated or expended, directly 

23 or indirectly, in part or in whole, for, on, in relation to, 

24 or in support of activities involving unidentified anomalous 

25 phenomena protected under any form of special access or 
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1 restricted access limitations that have not been formally, 

2 officially, explicitly, and specifically described, explained, 

3 and justified to the appropriate committees of Congress, 

4 congressional leadership, and the Director, including for 

5 any activities relating to the following: 

6 (1) Recruiting, employing, training, equipping, 

7 and operations of, and providing security for, Gov8 ernment or contractor personnel with a primary, sec9 ondary, or contingency mission of capturing, recov10 ering, and securing unidentified anomalous phe11 nomena craft or pieces and components of such 

12 craft. 

13 (2) Analyzing such craft or pieces or compo14 nents thereof, including for the purpose of deter15 mining properties, material composition, method of 

16 manufacture, origin, characteristics, usage and ap17 plication, performance, operational modalities, or re18 verse engineering of such craft or component tech19 nology. 

20 (3) Managing and providing security for pro21 tecting activities and information relating to uniden22 tified anomalous phenomena from disclosure or com23 promise. 

24 (4) Actions relating to reverse engineering or 

25 replicating unidentified anomalous phenomena tech-
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1 nology or performance based on analysis of materials 

2 or sensor and observational information associated 

3 with unidentified anomalous phenomena. 

4 (5) The development of propulsion technology, 

5 or aerospace craft that uses propulsion technology, 

6 systems, or subsystems that is based on or derived 

7 from or inspired by inspection, analysis, or reverse 

8 engineering of recovered unidentified anomalous phe9 nomena craft or materials. 

10 (6) Any aerospace craft that uses propulsion 

11 technology other than chemical propellants, solar 

12 power, and electric ion thrust. 

13 (b) NOTIFICATION AND REPORTING.— 

14 (1) IN GENERAL.—Any person currently or for15 merly under contract with the Federal Government 

16 that has in their possession material or information 

17 provided by or derived from the Federal Government 

18 relating to unidentified anomalous phenomena that 

19 formerly or currently is protected by any form of 

20 special access or restricted access shall— 

21 (A) not later than 60 days after the date 

22 of the enactment of this Act, notify the Director 

23 of such possession; and 

24 (B) not later than 180 days after the date 

25 of the enactment of this Act, make available to 
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1 the Director for assessment, analysis, and in2 spection— 

3 (i) all such material and information; 

4 and 

5 (ii) a comprehensive list of all non6 earth origin or exotic unidentified anoma7 lous phenomena materiel. 

8 (2) PROTECTIONS.—The provision of notice and 

9 the making available of material and information 

10 under paragraph (1) shall be treated as an author11 ized disclosure under section 1673(b) of the James 

12 M. Inhofe National Defense Authorization Act for 

13 Fiscal Year 2023 (50 U.S.C. 3373b). 

14 (c) LIMITATION REGARDING INDEPENDENT RE15 SEARCH AND DEVELOPMENT.—Consistent with Depart16 ment of Defense Instruction Number 3204.01 (dated Au17 gust 20, 2014, incorporating change 2, dated July 9, 

18 2020; relating to Department policy for oversight of inde19 pendent research and development), independent research 

20 and development funding relating to material or informa21 tion described in subsection (a) shall not be allowable as 

22 indirect expenses for purposes of contracts covered by 

23 such instruction, unless such material and information is 

24 made available to the Director in accordance with sub25 section (b). 
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1 (d) NOTICE TO CONGRESS.—Not later than 30 days 

2 after the date on which the Director has received a notifi3 cation under subparagraph (A) of subsection (b)(1) or in4 formation or material under paragraph (B) of such sub5 section, the Director shall provide a written notification 

6 of such receipt to the appropriate committees of Congress 

7 and congressional leadership. 

8 (e) DEFINITIONS.—In this section: 

9 (1) The term ‘‘appropriate committees of Con10 gress’’ means— 

11 (A) the Select Committee on Intelligence, 

12 the Committee on Armed Services, and the 

13 Committee on Appropriations of the Senate; 

14 and 

15 (B) the Permanent Select Committee on 

16 Intelligence, the Committee on Armed Services, 

17 and the Committee on Appropriations of the 

18 House of Representatives. 

19 (2) The term ‘‘congressional leadership’’ 

20 means— 

21 (A) the majority leader of the Senate; 

22 (B) the minority leader of the Senate; 

23 (C) the Speaker of the House of Rep24 resentatives; and 
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1 (D) the minority leader of the House of 

2 Representatives. 

3 (3) The term ‘‘Director’’ means the Director of 

4 the All-domain Anomaly Resolution Office. 

5 (4) The term ‘‘unidentified anomalous phe6 nomena’’ has the meaning given such term in section 

7 1683(n)of the National Defense Authorization Act 

8 for Fiscal Year 2022 (50 U.S.C. 3373(n)), as 

9 amended by section 6802(a) of the Intelligence Au10 thorization Act for Fiscal Year 2023 (Public Law 

11 117–263). 

12 SEC. 1647. REVISION OF SECRETARY OF DEFENSE AUTHOR13 ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 

14 AS SECURITY FOR INTELLIGENCE COLLEC15 TION ACTIVITIES. 

16 (a) EXTENSION OF AUTHORITY.—Section 431(a) of 

17 title 10, United States Code, is amended by striking ‘‘De18 cember 31, 2023’’ and inserting ‘‘December 31, 2025’’. 

19 (b) INTERAGENCY COORDINATION AND SUPPORT.— 

20 Paragraph (1) of section 431(b) of such title is amended 

21 to read as follows: 

22 ‘‘(1) be pre-coordinated with the Director of the 

23 Central Intelligence Agency using procedures mutu24 ally agreed upon by the Secretary of Defense and 
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1 the Director, and, where appropriate, be supported 

2 by the Director; and’’. 

3 TITLE XVII—CYBERSPACE4 RELATED MATTERS 

5 Subtitle A—Matters Relating to 

6 Cyber Operations and Cyber 

7 Forces 

8 SEC. 1701. MEASURES TO ENHANCE THE READINESS AND 

9 EFFECTIVENESS OF THE CYBER MISSION 

10 FORCE. 

11 (a) PERSONNEL REQUIREMENTS AND TRAINING FOR

12 CRITICAL WORK ROLES.—The Secretary of Defense 

13 shall— 

14 (1) develop a plan to require— 

15 (A) a term of enlistment that is— 

16 (i) common across the military de17 partments for critical work roles of the 

18 Cyber Mission Force; 

19 (ii) appropriate given the value of the 

20 training required for such work roles; and 

21 (iii) sufficient and extensive enough to 

22 meet the readiness requirements estab23 lished by the Commander of United States 

24 Cyber Command; 
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1 (B) tour lengths for personnel in the Cyber 

2 Mission Force that are— 

3 (i) common across the military de4 partments; and 

5 (ii) sufficient and extensive enough to 

6 meet the readiness requirements estab7 lished by the Commander of United States 

8 Cyber Command; 

9 (C) the military departments to present 

10 Cyber Mission Force personnel to the Com11 mander of United States Cyber Command who 

12 are fully trained to the standards required by 

13 the work roles established by the Commander, 

14 including the critical work roles of the Cyber 

15 Mission Force, prior to their attachment or as16 signment to a unit of United States Cyber 

17 Command; 

18 (D) obligated service for members who re19 ceive the training contemplated in paragraph 

20 (C) which is commensurate with the significant 

21 financial and time investments made by the 

22 military service for the training received; and 

23 (E) facilitation of consecutive assignments 

24 at the same unit while not inhibiting the ad-
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1 vancement or promotion potential of any mem2 ber of the Armed Forces. 

3 (2) direct the Secretaries of the military depart4 ments to implement the plan developed under para5 graph (1); and 

6 (3) establish curriculum and capacity within 

7 one or more military departments to train sufficient 

8 numbers of personnel from all of the military depart9 ments who can effectively perform the critical Cyber 

10 Mission Force work roles to achieve the readiness re11 quirements established by the Commander of United 

12 States Cyber Command. 

13 (b) PILOT PROGRAM ON ACQUIRING CONTRACT

14 SERVICES FOR CRITICAL WORK ROLES.— 

15 (1) PILOT PROGRAM REQUIRED.—Not later 

16 than 180 days after the date of the enactment of 

17 this Act, the Commander of United States Cyber 

18 Command shall commence a pilot program to assess 

19 the feasibility and advisability of acquiring the serv20 ices of skilled personnel in the critical work roles of 

21 the Cyber Mission Force by contracting with one or 

22 more persons to enhance the readiness and effective23 ness of the Cyber Mission Force. 

24 (2) PILOT PROGRAM DURATION.—The Com25 mander shall carry out the pilot program required 
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1 by subsection paragraph (1) during the three-year 

2 period beginning on the date of the commencement 

3 of the pilot program and may, after such period— 

4 (A) continue carrying out such pilot pro5 gram after such period for such duration as the 

6 Commander considers appropriate; or 

7 (B) transition such pilot program to a per8 manent program. 

9 (c) PLAN ON HIRING, TRAINING, AND RETAINING CI10 VILIANS TO SERVE IN CRITICAL WORK ROLES.—Not later 

11 than 120 days after the date of the enactment of this Act, 

12 the Commander shall— 

13 (1) develop a plan to hire, train, and retain ci14 vilians to serve in the critical work roles of the 

15 Cyber Mission Force and other positions of the 

16 Cyber Mission Force to enhance the readiness and 

17 effectiveness of the Cyber Mission Force; and 

18 (2) provide the congressional defense commit19 tees a briefing on the plan developed under para20 graph (1). 

21 (d) DEFINITION OF CRITICAL WORK ROLES OF THE

22 CYBER MISSION FORCE.—The term ‘‘critical work roles 

23 of the Cyber Mission Force’’ means work roles of the 

24 Cyber Mission Force relating to on-network operations, 

25 tool development, and exploitation analysis. 
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1 SEC. 1702. CYBER INTELLIGENCE CENTER. 

2 (a) ESTABLISHMENT OF CAPABILITY REQUIRED.— 

3 The Secretary of Defense shall establish a dedicated cyber 

4 intelligence capability to support the requirements of 

5 United States Cyber Command, the other combatant com6 mands, the military departments, defense agencies, the 

7 Joint Staff, and the Office of the Secretary of Defense 

8 for foundational, scientific and technical, and all-source in9 telligence on cyber technology development, capabilities, 

10 concepts of operation, operations, and plans and inten11 tions of cyber threat actors. 

12 (b) ESTABLISHMENT OF CENTER AUTHORIZED.— 

13 (1) AUTHORIZATION.—Subject to paragraph 

14 (2), the Secretary may establish an all-source anal15 ysis center under the administration of the Defense 

16 Intelligence Agency to provide foundational intel17 ligence for the capability established under sub18 section (a). 

19 (2) LIMITATION.—Information technology serv20 ices for a center established under paragraph (1) 

21 may not be provided by the National Security Agen22 cy. 

23 (c) RESOURCES.— 

24 (1) IN GENERAL.—The Secretary shall direct 

25 and provide resources to the Commander of United 

26 States Cyber Command within the Military Intel-
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1 ligence Program to fund collection and analysis by 

2 the National Security Agency to meet the specific re3 quirements established by the Commander for sig4 nals intelligence support. 

5 (2) TRANSFER OF ACTIVITIES.—The Secretary 

6 may transfer the activities required under paragraph 

7 (1) to the National Intelligence Program if the Di8 rector of National Intelligence concurs and the 

9 transfer is specifically authorized in an intelligence 

10 authorization Act. 

11 (d) BRIEFING.—Not later than 180 days after the 

12 date of the enactment of this Act, the Commander shall— 

13 (1) develop an estimate of the signals intel14 ligence collection and analysis required of the Na15 tional Security Agency and the cost of such collec16 tion and analysis; and 

17 (2) provide the congressional defense commit18 tees, the Select Committee on Intelligence of the 

19 Senate, and the Permanent Select Committee on In20 telligence of the House of Representatives a briefing 

21 on the estimate developed under paragraph (1). 
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1 SEC. 1703. PERFORMANCE METRICS FOR PILOT PROGRAM 

2 FOR SHARING CYBER CAPABILITIES AND RE3 LATED INFORMATION WITH FOREIGN OPER4 ATIONAL PARTNERS. 

5 (a) IN GENERAL.—The section 398 of title 10, 

6 United States Code (relating to pilot program for sharing 

7 cyber capabilities and related information with foreign 

8 operational partners), as added by section 1551(a) of the 

9 James M. Inhofe National Defense Authorization Act for 

10 Fiscal Year 2023 (Public Law 117–263), is amended— 

11 (1) by redesignating subsections (f) and (g) as 

12 subsections (g) and (h), respectively; and 

13 (2) by inserting after subsection (e) the fol14 lowing new subsection (f): 

15 ‘‘(f) PERFORMANCE METRICS.—(1) The Secretary of 

16 Defense shall maintain performance metrics to track the 

17 results of sharing cyber capabilities and related informa18 tion with foreign operational partners under a pilot pro19 gram authorized by subsection (a). 

20 ‘‘(2) The performance metrics under paragraph (1) 

21 shall include the following: 

22 ‘‘(A) Who the cyber capability was used 

23 against. 

24 ‘‘(B) The effect of the cyber capability, includ25 ing whether and how the transfer of the cyber capa26 bility improved the operational cyber posture of the 
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1 United States and achieved operational objectives of 

2 the United States, or had no effect. 

3 ‘‘(C) Such other outcome-based or appropriate 

4 performance metrics as the Secretary considers ap5 propriate for evaluating the effectiveness of a pilot 

6 program carried out under subsection (a).’’. 

7 (b) TECHNICAL CORRECTION.—Chapter 19 of such 

8 title is amended— 

9 (1) in the table of sections for such chapter by 

10 striking the item relating to such section 398 and 

11 inserting the following: 

‘‘398a. Pilot program for sharing cyber capabilities and related information with 

foreign operational partners.’’; and 

12 (2) by redesignating such section 398 as section 

13 398a. 

14 SEC. 1704. NEXT GENERATION CYBER RED TEAMS. 

15 (a) DEVELOPMENT AND SUBMISSION OF PLANS.— 

16 Not later than 180 days after the date of the enactment 

17 of this Act, the Under Secretary of Defense for Policy 

18 shall direct the appropriate Assistant Secretary of Defense 

19 in the Office of the Under Secretary of Defense for Policy, 

20 in consultation with the Principal Cyber Advisors of the 

21 military departments, to oversee the development and sub22 mission of a plan described in subsection (b) to the Direc23 tor of Operational Test and Evaluation (OT&E) and the 
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1 Director of the National Security Agency (NSA) for as2 sessment under subsection (c). 

3 (b) PLANS DESCRIBED.—The plan described in this 

4 subsection is a plan— 

5 (1) to modernize cyber red teams (‘‘CRTs’’) 

6 with a focus on utilizing cyber threat intelligence 

7 and threat modeling to ensure the ability to emulate 

8 advanced nation-state threats, automation, artificial 

9 intelligence or machine learning capabilities, and 

10 data collection and correlation; 

11 (2) to establish joint service standards and 

12 metrics to ensure cyber red teams are adequately 

13 trained, staffed, and equipped to emulate advanced 

14 nation-state threats; and 

15 (3) to expand partnerships between the Depart16 ment of Defense, particularly existing cyber red 

17 teams, and academia to expand the cyber talent 

18 workforce. 

19 (c) ASSESSMENT.—The Director of Operational Test 

20 and Evaluation shall, in coordination with the Director of 

21 the National Security Agency, review the plan submitted 

22 pursuant to subsection (a) and in doing so shall conduct 

23 an assessment of the plan with consideration of the fol24 lowing: 
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1 (1) Opportunities for cyber red team operations 

2 to expand across the competition continuum, includ3 ing during the cooperation and competition phases, 

4 strongly emphasizing pre-conflict preparation of the 

5 battlespace to better match adversary positioning 

6 and cyber activities, including operational security 

7 assessments to strengthen the ability of the Depart8 ment to gain and maintain a tactical advantage. 

9 (2) The extent to which critical and emerging 

10 technologies and concepts such as artificial intel11 ligence and machine learning enabled analysis and 

12 process automation can reduce the amount of person 

13 hours operators spend on maintenance and reporting 

14 to maximize research and training time. 

15 (3) Identification of training requirements, and 

16 changes to training, sustainment practices, or con17 cepts of operation or employment that may be need18 ed to ensure the effectiveness, suitability, and sus19 tainability of the next generation of cyber red teams. 

20 (4) The extent to which additional resources or 

21 partnerships may be needed to remediate personnel 

22 shortfalls in cyber red teams, including funding for 

23 internship programs, hiring, and contracting. 

24 (d) IMPLEMENTATION.—Not later than one year 

25 after the date of enactment of this Act, the Secretary of 
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1 Defense shall issue such policies and guidance and pre2 scribe such regulations as the Secretary determines nec3 essary to carry out the plan required by subsection (a). 

4 (e) ANNUAL REPORTS.—Not later than January 31, 

5 2025, and not less frequently than annually thereafter 

6 until January 31, 2031, the Director of Operational Test 

7 and Evaluation shall include in the annual report required 

8 by section 139(h) of title 10, United States Code, the fol9 lowing: 

10 (1) The findings of the Director with respect to 

11 the assessment carried out pursuant to subsection 

12 (c). 

13 (2) The results of test and evaluation events, 

14 including any resource and capability shortfalls lim15 iting the ability of cyber red teams to meet oper16 ational requirements. 

17 (3) The extent to which operations of cyber red 

18 teams have expanded across the competition con19 tinuum, including during cooperation and competi20 tion phases, to match adversary positioning and 

21 cyber activities. 

22 (4) A summary of identified categories of com23 mon gaps and shortfalls across military department 

24 and Defense Agency cyber red teams. 
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1 (5) Any identified lessons learned that would 

2 affect training or operational employment decisions 

3 relating to cyber red teams. 

4 SEC. 1705. MANAGEMENT OF DATA ASSETS BY CHIEF DIG5 ITAL OFFICER. 

6 (a) IN GENERAL.—The Secretary of Defense shall, 

7 acting through the Chief Data and Artificial Intelligence 

8 Officer of the Department of Defense (CDAO), provide 

9 data assets and data analytics capabilities necessary for 

10 understanding the global cyber-social terrain to support 

11 the planning and execution of defensive and offensive in12 formation operations, defensive and offensive cyber oper13 ations, indications and warning of adversary military ac14 tivities and operations, and calibration of actions and reac15 tions in great power competition. 

16 (b) RESPONSIBILITIES OF CHIEF DATA AND ARTIFI17 CIAL INTELLIGENCE OFFICER.—The Chief Data and Arti18 ficial Intelligence Officer shall— 

19 (1) develop a baseline of data assets maintained 

20 by all defense intelligence agencies, military depart21 ments, combatant commands, and any other compo22 nents of the Department; and 

23 (2) develop and oversee the implementation of 

24 plans to enhance data assets that are essential to 

25 support the purposes set forth in subsection (a). 
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1 (c) OTHER MATTERS.—The Chief Data and Artificial 

2 Intelligence Officer shall— 

3 (1) designate or establish one or more executive 

4 agents for enhancing data assets and the acquisition 

5 of data analytic tools for users; 

6 (2) ensure that data assets in the possession of 

7 a component of the Department are accessible for 

8 the purposes described in subsection (a); and 

9 (3) ensure that advanced analytics, including 

10 artificial intelligence technology, are developed and 

11 applied to the analysis of data assets in support of 

12 the purposes described in subsection (a). 

13 (d) SEMIANNUAL BRIEFINGS.—Not later than 120 

14 days after the date of the enactment of this Act and not 

15 less frequently semiannually thereafter, the Chief Data 

16 and Artificial Intelligence Officer shall provide the con17 gressional defense committees, the Select Committee on 

18 Intelligence of the Senate, and the Permanent Select Com19 mittee on Intelligence of the House of Representatives a 

20 briefing on the implementation of this section. 

21 (e) PRIOR APPROVAL REPROGRAMMING.—After the 

22 date of the enactment of this Act, the Secretary may 

23 transfer funds to begin implementation of this section, 

24 subject to established limitations and approval procedures. 
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1 SEC. 1706. AUTHORITY FOR COUNTERING ILLEGAL TRAF2 FICKING BY MEXICAN TRANSNATIONAL 

3 CRIMINAL ORGANIZATIONS IN CYBERSPACE. 

4 (a) AUTHORITY.— 

5 (1) IN GENERAL.—In accordance with sections 

6 124 and 394 of title 10, United States Code, the 

7 Secretary of Defense may, in coordination with other 

8 relevant Federal departments and agencies and in 

9 consultation with the Government of Mexico as ap10 propriate, conduct detection, monitoring, and other 

11 operations in cyberspace to counter Mexican 

12 transnational criminal organizations that are en13 gaged in any of the following activities that cross the 

14 southern border of the United States: 

15 (A) Smuggling of illegal drugs, controlled 

16 substances, or precursors thereof. 

17 (B) Human trafficking. 

18 (C) Weapons trafficking. 

19 (D) Other illegal activities. 

20 (2) CERTAIN ENTITIES.—The authority pro21 vided by paragraph (1) may be used to counter 

22 Mexican transnational criminal organizations, in23 cluding entities cited in the most recent National 

24 Drug Threat Assessment published by the United 

25 States Drug Enforcement Administration, that are 

26 engaged in the activities described in (1). 
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1 (b) CYBER STRATEGY FOR COUNTERING ILLEGAL

2 TRAFFICKING BY TRANSNATIONAL CRIMINAL ORGANIZA3 TIONS AFFECTING THE SECURITY OF UNITED STATES

4 SOUTHERN BORDER.— 

5 (1) STRATEGY REQUIRED.—Not later than 60 

6 days after the date of the enactment of this Act, the 

7 Secretary shall, in consultation with the National 

8 Cyber Director and the heads of such other Federal 

9 departments and agencies as the Secretary considers 

10 appropriate, submit to the appropriate congressional 

11 committees a strategy for conducting operations in 

12 cyberspace under subsection (a). 

13 (2) ELEMENTS.—The strategy submitted pur14 suant to paragraph (1) shall include the following: 

15 (A) A description of the cyberspace pres16 ence and activities, including any information 

17 operations, of the entities described under sub18 section (a)(2) pose to the national security of 

19 the United States. 

20 (B) A description of any previous actions 

21 taken by the Department of Defense to conduct 

22 operations in cyberspace to counter illegal ac23 tivities by transnational criminal organizations, 

24 and a description of those actions. 
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1 (C) An assessment of the financial, techno2 logical, and personnel resources that the Sec3 retary can deploy to exercise the authority pro4 vided in subsection (a) to counter illegal traf5 ficking by transnational criminal organizations. 

6 (D) Recommendations, if any, for addi7 tional authorities as may be required to en8 hance the exercise of the authority provided in 

9 subsection (a). 

10 (E) A description of the extent to which 

11 the Secretary has worked, or intends to work, 

12 with the Government of Mexico, interagency 

13 partners, and the private sector to enable oper14 ations in cyberspace against illegal trafficking 

15 by transnational criminal organizations. 

16 (F) A description of the security coopera17 tion programs in effect on the day before the 

18 date of the enactment of this Act that would 

19 enable the Secretary to cooperate with Mexican 

20 defense partners against illegal trafficking by 

21 transnational criminal organizations in cyber22 space. 

23 (G) An assessment of the potential risks 

24 associated with cooperating with Mexican coun25 terparts against transnational criminal organi-
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1 zations in cyberspace and ways that those risks 

2 can be mitigated, including in cooperation with 

3 Mexican partners. 

4 (H) A description of any cooperation 

5 agreements or initiatives in effect on the day 

6 before the date of the enactment of this Act 

7 with interagency partners and the government 

8 of Mexico to counter transnational criminal or9 ganizations in cyberspace. 

10 (c) QUARTERLY MONITORING BRIEFING.—The Sec11 retary shall, on a quarterly basis in conjunction with the 

12 briefings required by section 484 of title 10, United States 

13 Code, provide to the appropriate congressional committees 

14 a briefing setting forth, for the preceding calendar quar15 ter, the following: 

16 (1) Each country in which an operation was 

17 conducted under subsection (a). 

18 (2) The purpose and nature of each operation 

19 set forth pursuant to paragraph (1). 

20 (3) The start date and end date or expected du21 ration of each operation set forth pursuant to para22 graph (1). 

23 (4) The elements of the Department of Defense 

24 down to O–6 command level who conducted or are 
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1 conducting the operations set forth pursuant to 

2 paragraph (1). 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to supersede any standing prohibi5 tions on collection of information on United States per6 sons. 

7 SEC. 1707. PILOT PROGRAM FOR CYBERSECURITY COL8 LABORATION CENTER INCLUSION OF SEMI9 CONDUCTOR MANUFACTURERS. 

10 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Sec11 retary of Defense shall, in coordination with the Director 

12 of the National Security Agency, establish a pilot program 

13 to assess the feasibility and advisability of improving the 

14 semiconductor manufacturing supply chain by enabling 

15 the National Security Agency Cybersecurity Collaboration 

16 Center to collaborate with semiconductor manufacturers 

17 in the United States. 

18 (b) PROGRAM SCOPE.—The pilot program established 

19 pursuant to subsection (a) shall focus on improving the 

20 cybersecurity of the supply chain for semiconductor design 

21 and manufacturing, including the following: 

22 (1) The cybersecurity of design and manufac23 turing processes, as well as assembly, packaging, 

24 and testing. 
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1 (2) Protecting against cyber-driven intellectual 

2 property theft. 

3 (3) Reducing the risk of supply chain disrup4 tions caused by cyberattacks. 

5 (c) ELIGIBILITY.—Persons who directly support the 

6 manufacture, packaging, and assembly of semiconductors 

7 within the United States and who provide semiconductor 

8 components for the Department of Defense, national secu9 rity systems (as defined in section 3552(b) of title 44, 

10 United States Code), or the defense industrial base are 

11 eligible to participate in the pilot program. 

12 (d) BRIEFINGS.— 

13 (1) INITIAL.— 

14 (A) IN GENERAL.—Not later than one year 

15 after the date of the enactment of this Act, the 

16 Secretary shall provide the appropriate commit17 tees of Congress a briefing on the pilot program 

18 required under subsection (a). 

19 (B) ELEMENTS.—The briefing required 

20 under subparagraph (A) shall include the fol21 lowing: 

22 (i) The plans of the Secretary for the 

23 implementation of the pilot program. 

24 (ii) Identification of key priorities for 

25 the pilot program. 
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1 (iii) Identification of any potential 

2 challenges in standing up the pilot pro3 gram or impediments to semiconductor 

4 manufacturer or semiconductor component 

5 supplier participation in the pilot program. 

6 (2) ANNUAL.— 

7 (A) IN GENERAL.—Not later than one year 

8 after the date of the enactment of this Act and 

9 annually thereafter for the duration of the pilot 

10 program required by subsection (a), the Sec11 retary shall provide the appropriate committees 

12 of Congress a briefing on the progress of the 

13 pilot program. 

14 (B) ELEMENTS.—Each briefing required 

15 under subparagraph (A) shall include the fol16 lowing: 

17 (i) Recommendations for addressing 

18 relevant policy, budgetary, security, and 

19 legislative gaps to increase the effective20 ness of the pilot program. For the first an21 nual briefing, this shall include an assess22 ment of the resources necessary for the 

23 pilot to be successful. 

24 (ii) Recommendations for increasing 

25 semiconductor manufacturer or semicon-
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1 ductor component supplier participation in 

2 the pilot program. 

3 (iii) A description of the challenges 

4 encountered in carrying out the pilot pro5 gram, including any concerns expressed by 

6 semiconductor manufacturers or semicon7 ductor component supplier. 

8 (iv) The findings of the Secretary with 

9 respect to the feasibility and advisability of 

10 extending or expanding the pilot program. 

11 (v) Such other matters as the Sec12 retary considers appropriate. 

13 (e) TERMINATION.—The pilot program required by 

14 subsection (a) shall terminate on the date that is four 

15 years after the date of the enactment of this Act. 

16 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘appropriate congres18 sional committees’’ means— 

19 (1) the Committee on Armed Services and the 

20 Select Committee on Intelligence of the Senate; and 

21 (2) the Committee on Armed Services and the 

22 Permanent Select Committee on Intelligence of the 

23 House of Representatives. 
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1 SEC. 1708. INDEPENDENT EVALUATION REGARDING PO2 TENTIAL ESTABLISHMENT OF UNITED 

3 STATES CYBER FORCE AND FURTHER EVO4 LUTION OF CURRENT MODEL FOR MANAGE5 MENT AND EXECUTION OF CYBER MISSION. 

6 (a) AGREEMENT.— 

7 (1) IN GENERAL.—The Secretary of Defense 

8 shall seek to enter into an agreement with the Na9 tional Academy of Public Administration (in this 

10 section referred to as the ‘‘National Academy’’) for 

11 the National Academy to conduct the evaluation 

12 under subsection (b) and submit the report under 

13 subsection (e). 

14 (2) TIMING.—The Secretary shall seek to enter 

15 into the agreement described in paragraph (1) by 

16 not later than 60 days after the date of the enact17 ment of this Act. 

18 (b) EVALUATION.— 

19 (1) IN GENERAL.—Under an agreement be20 tween the Secretary and the National Academy en21 tered into pursuant to subsection (a), the National 

22 Academy shall conduct an evaluation regarding the 

23 advisability of— 

24 (A) establishing a separate Armed Force 

25 dedicated to operations in the cyber domain (in 
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1 this section referred to as the ‘‘United States 

2 Cyber Force’’); or 

3 (B) refining and further evolving the cur4 rent organization approach, which is based on 

5 the Special Operations Command model for 

6 United States Cyber Command. 

7 (2) SCOPE.—The evaluation conducted pursu8 ant to paragraph (1) shall include consideration of— 

9 (A) the potential establishment of a United 

10 States Cyber Force as a separate Armed Force 

11 commensurate with the Army, Navy, Marine 

12 Corps, Air Force, and Space Force, for the pur13 pose of organizing, training, and equipping the 

14 personnel required to enable and conduct oper15 ations in the cyber domain through positions 

16 aligned to the United States Cyber Command 

17 and the other unified combatant commands; 

18 (B) a United States Cyber Force able to 

19 devise and implement recruiting and retention 

20 policies and standards specific to the range of 

21 skills and career fields required to enable and 

22 conduct cyberspace operations, as determined 

23 by the United States Cyber Command and the 

24 other unified combatant commands; 
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1 (C) the performance and efficacy of the 

2 Armed Forces to date, and potential improve3 ments thereto from extending the model de4 scribed in paragraph (1)(B), in satisfying the 

5 requirements of the combatant commands to 

6 enable and conduct operations in the cyber do7 main through positions aligned to the United 

8 States Cyber Command and other unified com9 batant commands, and any expected differences 

10 in that performance based on the creation of a 

11 United States Cyber Force as compared to evo12 lutionary modifications to the current model; 

13 (D) the performance and efficacy of the 

14 Armed Forces to date, and potential improve15 ments thereto from extending the model de16 scribed in paragraph (1)(B), in devising and 

17 implementing recruitment and retention policies 

18 specific to the range of skills and career fields 

19 required to enable and conduct cyberspace oper20 ations, as determined by the United States 

21 Cyber Command and the other unified combat22 ant commands, and any expected differences in 

23 that performance based on the creation of a 

24 United States Cyber Force as compared to evo25 lutionary modifications to the current model; 
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1 (E) potential and recommended delinea2 tions of responsibility between the other Armed 

3 Forces and a United States Cyber Force and 

4 an enhanced model described in paragraph 

5 (1)(B) with respect to network management, 

6 resourcing, and operations; 

7 (F) potential and recommended delinea8 tions of responsibility between the other Armed 

9 Forces and a United States Cyber Force and 

10 an enhancement of the model described in para11 graph (1)(B) for United States Cyber Com12 mand with respect to organizing, training, and 

13 equipping members of the Cyberspace Oper14 ations Forces, not serving in positions aligned 

15 under the Cyber Mission Force, to the extent 

16 necessary to support network management and 

17 operations; 

18 (G) views and perspectives of members of 

19 the Armed Forces, in each grade, serving in the 

20 Cyber Mission Force with experience in oper21 ational work roles (as defined by the Com22 mander of the United States Cyber Command), 

23 and military and civilian leaders across the De24 partment regarding the establishment of a 

25 Cyber Force and a further evolution of the 
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1 model described in paragraph (1)(B) for United 

2 States Cyber Command; 

3 (H) the extent to which each of the other 

4 Armed Forces is formed towards, and organized 

5 around, operations within a given warfighting 

6 domain, and the potential applicability of such 

7 formation and organizing constructs to a 

8 United States Cyber Force with respect to the 

9 cyber domain; 

10 (I) findings from previous relevant assess11 ments, analyses, and studies conducted by the 

12 Secretary, the Comptroller General of the 

13 United States, or other entities determined rel14 evant by the National Academy on the estab15 lishment of a United States Cyber Force and a 

16 further evolution of the model described in 

17 paragraph (1)(B) for United States Cyber Com18 mand; 

19 (J) the organizing constructs for effective 

20 and operationally mature cyber forces of foreign 

21 countries and the relevance of such constructs 

22 to the potential creation of a United States 

23 Cyber Force and a further evolution of the 

24 model described in paragraph (1)(B) for United 

25 States Cyber Command; 
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1 (K) lessons learned from the creation of 

2 the United States Space Force that should be 

3 applied to the creation of a United States Cyber 

4 Force; 

5 (L) recommendations for approaches to the 

6 creation of a United States Cyber Force and 

7 the further evolution of the model described in 

8 paragraph (1)(B) for United States Cyber Com9 mand that would minimize disruptions to De10 partment of Defense cyber operations; 

11 (M) the histories of the Armed Forces, in12 cluding an analysis of the conditions that pre13 ceded the establishment of each new Armed 

14 Force established since 1900; and 

15 (N) a comparison between the potential 

16 service secretariat leadership structures for a 

17 United States Cyber Force and the further evo18 lution of the model described in paragraph (1) 

19 for United States Cyber Command, including 

20 establishing the United States Cyber Force 

21 within an existing military department, stand22 ing up a new military department, and evolving 

23 the service secretary-like function of the Prin24 cipal Cyber Advisor in the Office of the Under 

25 Secretary of Defense for Policy. 
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1 (3) CONSIDERATIONS.—The evaluation con2 ducted pursuant to paragraph (1) shall include an 

3 evaluation of how a potential United States Cyber 

4 Force dedicated to the cyber domain would compare 

5 in performance and efficacy to the current model 

6 and a further evolution of the model described in 

7 paragraph (1)(B) for United States Cyber Com8 mand, with respect to the following functions and 

9 potential objective end states, as well as an evalua10 tion of the importance of the functions and potential 

11 end states: 

12 (A) Organizing, training, and equipping 

13 the size of a force necessary to satisfy existing 

14 and projected requirements of the Department 

15 of Defense. 

16 (B) Harmonizing training requirements 

17 and programs in support of cyberspace oper18 ations. 

19 (C) Recruiting and retaining qualified offi20 cers and enlisted members of the Armed Forces 

21 at the levels necessary to execute cyberspace op22 erations. 

23 (D) Using reserve component forces in 

24 support of cyberspace operations. 

25 (E) Sustaining persistent force readiness. 
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1 (F) Generating foundational intelligence in 

2 support of cyberspace operations. 

3 (G) Acquiring and providing cyber capa4 bilities in support of cyberspace operations. 

5 (H) Establishing pay parity among mem6 bers of the Armed Forces serving in and quali7 fied for work roles in support of cyberspace op8 erations. 

9 (I) Establishing pay parity among civilians 

10 serving in and qualified for work roles in sup11 port of cyberspace operations. 

12 (J) Establishing advancement parity for 

13 members of the Armed Forces serving in and 

14 qualified for work roles in support of cyberspace 

15 operations. 

16 (K) Establishing advancement parity for 

17 civilians serving in and qualified for work roles 

18 in support of cyberspace operations. 

19 (L) Developing professional military edu20 cation content and curricula focused on the 

21 cyber domain. 

22 (c) SUPPORT FROM FEDERALLY FUNDED RESEARCH

23 AND DEVELOPMENT CENTER.— 

24 (1) IN GENERAL.—Upon a request from the 

25 National Academy, the Secretary shall seek to enter 
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1 into an agreement with a federally funded research 

2 and development center described in paragraph (2) 

3 under which such federally funded research and de4 velopment center shall support the National Acad5 emy in conducting the evaluation under subsection 

6 (b). 

7 (2) FEDERALLY FUNDED RESEARCH AND DE8 VELOPMENT CENTER DESCRIBED.—A federally fund9 ed research and development center described in this 

10 paragraph is a federally funded research and devel11 opment center the staff of which includes subject 

12 matter experts with appropriate security clearances 

13 and expertise in— 

14 (A) cyber warfare; 

15 (B) personnel management; 

16 (C) military training processes; and 

17 (D) acquisition management. 

18 (d) ACCESS TO DEPARTMENT OF DEFENSE PER19 SONNEL, INFORMATION, AND RESOURCES.—Under an 

20 agreement entered into between the Secretary and the Na21 tional Academies under subsection (a)— 

22 (1) the Secretary shall agree to provide to the 

23 National Academy access to such personnel, infor24 mation, and resources of the Department of Defense 

25 as may be determined necessary by the National 
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1 Academy in furtherance of the conduct of the eval2 uation under subsection (b); and 

3 (2) if the Secretary does not provide such ac4 cess, or any other major obstacle to such access oc5 curs, the National Academy shall agree to notify the 

6 congressional defense committees not later than 

7 seven days after the date of such refusal or other oc8 currence. 

9 (e) REPORT.— 

10 (1) SUBMISSION TO CONGRESS.—Under an 

11 agreement entered into between the Secretary and 

12 the National Academy under subsection (a), the Na13 tional Academy shall submit to the congressional de14 fense committees a report containing the findings of 

15 the National Academy with respect to the evaluation 

16 under subsection (b) not later than 210 days after 

17 the date of the execution of the agreement. 

18 (2) PROHIBITION AGAINST INTERFERENCE.— 

19 No personnel of the Department of Defense, nor any 

20 other officer or employee of the United States Gov21 ernment, may interfere, exert undue influence, or in 

22 any way seek to alter the findings of the National 

23 Academy specified in paragraph (1) prior to the sub24 mission thereof under such paragraph. 
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1 (3) FORM.—The report under paragraph (1) 

2 shall be submitted in an unclassified form, but may 

3 include a classified annex. 

4 Subtitle B—Matters Relating to De5 partment of Defense Cybersecu6 rity and Information Tech7 nology 

8 SEC. 1711. REQUIREMENTS FOR DEPLOYMENT OF FIFTH 

9 GENERATION INFORMATION AND COMMU10 NICATIONS CAPABILITIES TO DEPARTMENT 

11 OF DEFENSE BASES AND FACILITIES. 

12 (a) IN GENERAL.—The Secretary of Defense shall— 

13 (1) develop and implement a strategy for de14 ploying private networks, based on fifth generation 

15 information and communications capabilities (5G) 

16 and Open Radio Access Network (ORAN) architec17 ture, to military bases and facilities that are tailored 

18 to the specific mission, security, and performance re19 quirements of those bases and facilities; 

20 (2) create a common, transparent, and stream21 lined process for enabling public network service pro22 viders of fifth generation information and commu23 nications capabilities to gain access to military bases 

24 and facilities to provide commercial subscriber serv-
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1 ices to government and contractor personnel and or2 ganizations located on those bases and facilities; and 

3 (3) decide, on a case-by-case basis or as a com4 mon requirement, whether to contract for— 

5 (A) neutral hosting, whereby infrastructure 

6 and services will be provided to companies de7 ploying private networks and public network 

8 services through Multi-Operator Core Network 

9 architectures; or 

10 (B) separate private network and public 

11 network infrastructure. 

12 (b) INTERNATIONAL COOPERATION ACTIVITIES.— 

13 The Secretary may engage in cooperation activities with 

14 foreign allies and partners of the United States, using an 

15 authority provided by another provision of law, to inform 

16 the efficient and effective deployment of Open Radio Ac17 cess Network architecture and to implement the strategy 

18 required under subsection (a)(1). 

19 (c) DUE DATE FOR STRATEGY AND BRIEFING.— 

20 (1) STRATEGY.—The Secretary shall develop 

21 the strategy required in subsection (a)(1) not later 

22 than 120 days after the date of the enactment of 

23 this Act. 

24 (2) BRIEFING.—Not later than 150 days after 

25 the date of the enactment of this Act, the Secretary 
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1 shall provide to the congressional defense commit2 tees a briefing on the strategy developed under para3 graph (1) of subsection (a) and the activities of the 

4 Secretary under such subsection. 

5 (d) DEFINITION OF OPEN RADIO ACCESS NET6 WORK.—The term ‘‘Open Radio Access Network’’ means 

7 a network architecture that is modular, uses open inter8 faces, and virtualizes functionality on commodity hard9 ware through software. 

10 SEC. 1712. DEPARTMENT OF DEFENSE INFORMATION NET11 WORK BOUNDARY AND CROSS-DOMAIN DE12 FENSE. 

13 (a) MODERNIZATION PROGRAM REQUIRED.—The 

14 Secretary of Defense shall carry out a modernization pro15 gram for network boundary and cross-domain defense 

16 against cyber attacks, expanding upon the fiscal year 2023 

17 pilot program and initial deployment to the primary De18 partment of Defense internet access points (IAPs) man19 aged by the Defense Information Systems Agency (DISA). 

20 (b) PROGRAM PHASES.— 

21 (1) IN GENERAL.—The modernization program 

22 required by subsection (a) shall be implemented in 

23 phases, with the objective of completing the program 

24 by October 1, 2028. 
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1 (2) OBJECTIVES.—The phases required by 

2 paragraph (1) shall include the following objectives: 

3 (A) By the end of fiscal year 2026, com4 pletion of— 

5 (i) a pilot of modernized boundary de6 fense capabilities and initial and full de7 ployment of the capabilities to internet ac8 cess points managed by the Defense Infor9 mation Systems Agency; and 

10 (ii) the extension of modernized 

11 boundary defense capabilities to all addi12 tional internet access points of the Depart13 ment of Defense information network 

14 (DODIN). 

15 (B) By the end of fiscal year 2027, survey, 

16 pilot, and deploy modernized boundary defense 

17 capabilities to the access points and cross-do18 main capabilities of the Secret Internet Protocol 

19 Network. 

20 (C) By the end of fiscal year 2028, survey, 

21 pilot, and deploy modernized boundary defense 

22 capabilities to remaining classified networks 

23 and enclaves of the Department information 

24 network. 
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1 (c) BRIEFING REQUIRED.—Not later than 60 days 

2 after the date of the enactment of this Act, the Secretary 

3 shall provide the congressional defense committees a brief4 ing on— 

5 (1) the findings of the Secretary with respect to 

6 the pilot and initial deployment under subsection 

7 (b)(2)(A)(i); and 

8 (2) the plans of the Secretary for the phased 

9 deployment to other internet access points and clas10 sified networks pursuant to subsection (b). 

11 SEC. 1713. POLICY AND GUIDANCE ON MEMORY-SAFE SOFT12 WARE PROGRAMMING. 

13 (a) POLICY AND GUIDANCE.—Not later than 270 

14 days after the date of the enactment of this Act, the Sec15 retary of Defense shall develop a Department of Defense16 wide policy and guidance in the form of a directive memo17 randum to implement the recommendations of the Na18 tional Security Agency contained in the Software Memory 

19 Safety Cybersecurity Information Sheet published by the 

20 Agency in November, 2022, regarding memory-safe soft21 ware programming languages and testing to identify mem22 ory-related vulnerabilities in software developed, acquired 

23 by, and used by the Department of Defense. 

24 (b) REQUIREMENTS.—The policy required in sub25 section (a) shall— 
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1 (1) establish the conditions and associated ap2 proval processes under which a component of the 

3 Department may— 

4 (A) contract for the development of custom 

5 software that includes open source and reused 

6 software written in programming languages 

7 that are not classified as memory-safe by the 

8 Agency; 

9 (B) acquire commercial software items 

10 that use programming languages that are not 

11 classified as memory-safe by the Agency; 

12 (C) contract for software-as-a-service 

13 where the contractor uses programming lan14 guages that are not classified as memory-safe 

15 by the Agency; and 

16 (D) develop software in Federal Govern17 ment-owned software factories programming 

18 languages that are not classified as memory19 safe by the Agency; and 

20 (2) establish requirements and processes for 

21 employing static and dynamic application security 

22 testing that can identify memory-use issues and 

23 vulnerabilities and resolve them for software con24 tracted for, developed, or acquired as described in 

25 paragraph (1). 
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1 (c) BRIEFING REQUIRED.—Not later than 300 days 

2 after the date of the enactment of this Act, the Secretary 

3 shall provide the congressional defense committees a brief4 ing on the policy and guidance developed under subsection 

5 (a). 

6 SEC. 1714. DEVELOPMENT OF REGIONAL CYBERSECURITY 

7 STRATEGIES. 

8 (a) DEVELOPMENT OF STRATEGIES REQUIRED.— 

9 Not later than one year after the date of the enactment 

10 of this Act, the Secretary of Defense shall, in coordination 

11 with the Commander of United States Cyber Command 

12 and each commander of a geographic combatant com13 mand, develop, for each geographic combatant command, 

14 a regional cybersecurity strategy to support the operations 

15 of such command. 

16 (b) ELEMENTS.—Each regional cybersecurity strat17 egy developed under subsection (a) for a geographic com18 batant command shall include the following: 

19 (1) A description or an outline of methods to 

20 identify both nation-state and non-state cyber threat 

21 actors. 

22 (2) Processes to enhance the targeting, intel23 ligence, and cyber capabilities of the combatant com24 mand. 
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1 (3) Plans to increase the number of cyber plan2 ners embedded in the combatant command. 

3 (4) Processes to integrate cyber forces into 

4 other warfare domains. 

5 (5) A plan to assist, train, advise, and partici6 pate in cyber capacity building with international 

7 partners. 

8 (6) A prioritization of cyber risks and 

9 vulnerabilities within the geographic region. 

10 (7) Processes to coordinate cyber activities with 

11 interagency partners with activities in the geo12 graphic region. 

13 (8) Specific plans to assist in the defense of for14 eign infrastructure that is critical to the national se15 curity interests of the United States. 

16 (9) Means by which the Cybersecurity and In17 frastructure Security Agency will be integrated into 

18 each strategy. 

19 SEC. 1715. CYBER INCIDENT REPORTING. 

20 (a) CYBER INCIDENT REPORTING REQUIREMENT.— 

21 (1) DEPARTMENT GOVERNANCE.—Not later 

22 than 180 days after the date of the enactment of 

23 this Act, the Secretary of Defense shall, in consulta24 tion with the Chief Information Officer of the De25 partment of Defense, the Commander of United 
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1 States Cyber Command, and the Commander of the 

2 Joint Force Headquarters Department of Defense 

3 Information Network— 

4 (A) assign responsibility to the Com5 mander of the Joint Force Headquarters De6 partment of Defense Information Network to 

7 oversee cyber incident reporting and notification 

8 of cyber incidents to Department leadership; 

9 (B) align policy and system requirements 

10 to enable the Department to have enterprise11 wide visibility of cyber incident reporting to 

12 support rapid and appropriate response; and 

13 (C) distribute new guidance to Department 

14 personnel on cyber incident reporting, which 

15 shall include detailed procedures for identifying, 

16 reporting, and notifying Department leadership 

17 of critical cyber incidents. 

18 (2) DEFENSE INDUSTRIAL BASE.—Not later 

19 than 180 days after the date of the enactment of 

20 this Act, the Secretary shall ensure that the Chief 

21 Information Officer determines what actions need to 

22 be taken to encourage more complete and timely 

23 mandatory cyber incident reporting from persons in 

24 the defense industrial base. 
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1 (3) DATA BREACH NOTIFICATION.—The Sec2 retary shall ensure that components of the Depart3 ment document instances in which Department per4 sonnel affected by a privacy data breach are notified 

5 of the breach within 72 hours of the discovery of the 

6 breach. 

7 (b) ASSESSMENT ON ESTABLISHING OFFICE OF

8 CYBER STATISTICS.— 

9 (1) IN GENERAL.—Not later than one year 

10 after the date of the enactment of this Act, the Sec11 retary of Defense shall complete an assessment of 

12 the feasibility and suitability of establishing, and 

13 resourcing required to establish, an office of cyber 

14 statistics to track cyber incidents and measure the 

15 response time of defense agencies and the military 

16 departments to address cyber threats, risks, and 

17 vulnerabilities. 

18 (2) ELEMENTS.—The assessment required 

19 under paragraph (1) shall include an evaluation of 

20 the feasibility, suitability, and resourcing required 

21 for defense agencies and the military departments— 

22 (A) to collect data on the amount of time 

23 it takes to detect a cyber incident; 

24 (B) to respond to a cyber incident; 
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1 (C) to fully mitigate the risk of high-im2 pact cyber vulnerabilities; 

3 (D) to recover data following a malicious 

4 cyber intrusion; and 

5 (E) to collect such other metrics as the 

6 Secretary determines would help improve cyber 

7 incident reporting practices. 

8 SEC. 1716. MANAGEMENT BY DEPARTMENT OF DEFENSE OF 

9 MOBILE APPLICATIONS. 

10 (a) IMPLEMENTATION OF RECOMMENDATIONS.— 

11 (1) IN GENERAL.—The Secretary of Defense 

12 shall evaluate and implement to the maximum prac13 ticable extent the recommendations of the Inspector 

14 General of the Department of Defense with respect 

15 to managing mobile applications contained in the re16 port set forth by the Inspector General dated Feb17 ruary 9, 2023, and entitled ‘‘Management Advisory: 

18 The DoD’s Use of Mobile Applications’’ (Report No. 

19 DODIG–2023–041). 

20 (2) DEADLINE.—The Secretary shall implement 

21 the recommendations specified in subsection (a) by 

22 not later than one year after the date of the enact23 ment of this Act, unless the Secretary notifies the 

24 congressional defense committees in writing of spe25 cific recommendations that the Secretary chooses 
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1 not to implement or to implement after the date that 

2 is one year after the date of the enactment of this 

3 Act. 

4 (b) BRIEFING ON REQUIREMENTS RELATED TO COV5 ERED APPLICATIONS.— 

6 (1) IN GENERAL.—Not later than 120 days 

7 after the date of the enactment of this Act, the Sec8 retary shall brief the congressional defense commit9 tees on actions taken by the Secretary to enforce 

10 compliance with existing policy of the Department of 

11 Defense that prohibits— 

12 (A) the installation and use of covered ap13 plications on Federal Government devices; and 

14 (B) the use of covered applications on the 

15 Department of Defense Information Network 

16 on personal devices. 

17 (2) COVERED APPLICATIONS DEFINED.—In this 

18 subsection, the term ‘‘covered applications’’ means 

19 the social networking service TikTok or any suc20 cessor application or service developed or provided 

21 by ByteDance Limited or an entity owned by 

22 ByteDance Limited. 
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1 SEC. 1717. SECURITY ENHANCEMENTS FOR THE NUCLEAR 

2 COMMAND, CONTROL, AND COMMUNICA3 TIONS NETWORK. 

4 (a) REQUIRED ESTABLISHMENT OF CROSS-FUNC5 TIONAL TEAM.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act, the Sec8 retary of Defense shall establish a cross-functional 

9 team, in accordance with section 911(c) of the Na10 tional Defense Authorization Act for Fiscal Year 

11 2017 (Public Law 114–328; 10 U.S.C. 111 note), to 

12 develop and direct the implementation of a threat13 driven cyber defense construct for systems and net14 works that support the nuclear command, control, 

15 and communications (commonly referred to as 

16 ‘‘NC3’’) mission. 

17 (2) PARTICIPATION IN THE CROSS-FUNCTIONAL

18 TEAM.—The Secretary shall ensure that each of the 

19 military departments, the Defense Information Sys20 tems Agency, the National Security Agency, United 

21 States Cyber Command, and the Nuclear Command, 

22 Control, and Communications Enterprise Center of 

23 United States Strategic Command provide staff for 

24 the cross-functional team. 

25 (3) SCOPE.—The cross-functional team shall 

26 work to enhance the cyber defense of the nuclear 
1146 

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1 command, control, and communications network 

2 during the period beginning on the date of the en3 actment of this Act and ending on October 31, 

4 2028, or a subsequent date as the Secretary may de5 termine. 

6 (b) REQUIRED CONSTRUCT AND PLAN OF ACTION

7 AND MILESTONES.—Not later than one year after the 

8 date of the enactment of this Act, the head of the cross9 functional team established pursuant to subsection (a)(1) 

10 shall develop a cyber defense construct and associated 

11 plans of actions and milestones to enhance the security 

12 of the systems and networks that support the nuclear com13 mand, control, and communications mission that are based 

14 on— 

15 (1) the application of the principles of the Zero 

16 Trust Architecture approach to security; 

17 (2) analysis of appropriately comprehensive 

18 endpoint and network telemetry data; and 

19 (3) control capabilities enabling rapid investiga20 tion and remediation of indicators of compromise 

21 and threats to mission execution. 

22 (c) ANNUAL BRIEFINGS.—During the 60-day period 

23 beginning on the date that is 30 days before the date on 

24 which the President submits to Congress the budget of 

25 the President for fiscal year 2025 pursuant to section 
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1 1105(a) of title 31, United States Code, and for each of 

2 fiscal years 2026 through 2028, the Secretary shall pro3 vide the congressional defense committees a briefing on 

4 the implementation of this section. 

5 SEC. 1718. GUIDANCE REGARDING SECURING LABORA6 TORIES OF THE ARMED FORCES. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Secretary of Defense 

9 shall, in coordination with the Chief Information Officer 

10 of the Department of Defense, the Chief Digital and Arti11 ficial Intelligence Officer of the Department, the Under 

12 Secretary of Defense for Research and Engineering, and 

13 the Under Secretary of Defense for Intelligence and Secu14 rity, issue guidance throughout the Department regarding 

15 methods and processes to secure laboratories of the Armed 

16 Forces from— 

17 (1) unauthorized access and intrusion; 

18 (2) damage to, and destruction, manipulation, 

19 or theft of, physical and digital laboratory assets; 

20 (3) accidental or intentional release or disclo21 sure of sensitive information; and 

22 (4) cyber sabotage. 

23 (b) METHODS AND PROCESSES.—At a minimum, the 

24 methods and processes required under subsection (a) shall 

25 include guidance to— 
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1 (1) secure laboratory operations through zero 

2 trust principles; 

3 (2) control access of devices to laboratory infor4 mation networks; 

5 (3) secure inventory management processes; 

6 (4) control or limit access to laboratories of the 

7 Armed Forces to authorized individuals; 

8 (5) maintain the security and integrity of data 

9 libraries, repositories, and other digital assets; 

10 (6) report and remediate cyber incidents or 

11 other unauthorized intrusions; 

12 (7) train and educate personnel of the Depart13 ment on laboratory security; 

14 (8) develop an operations security (OPSEC) 

15 plan to secure laboratory operations that can be 

16 used to implement the appropriate countermeasures 

17 given the mission, assessed risk, and resources avail18 able to the unit and provides guidelines for imple19 mentation of routine procedures and measures to be 

20 employed during daily operations or activities of the 

21 unit; and 

22 (9) develop and train applicable units on indi23 vidualized secure laboratory critical information and 

24 indicator lists to aid in protecting critical informa25 tion about Department activities, intentions, capa-
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1 bilities, or limitations that an adversary seeks to 

2 gain a military, political, diplomatic, economic, or 

3 technological advantage. 

4 SEC. 1719. ESTABLISHING IDENTITY, CREDENTIAL, AND AC5 CESS MANAGEMENT INITIATIVE AS A PRO6 GRAM OF RECORD. 

7 (a) IN GENERAL.—Not later than 120 days after the 

8 date of the enactment of this Act, the Secretary of Defense 

9 shall establish the Identity, Credential, and Access Man10 agement (ICAM) initiative as a program of record subject 

11 to milestone reviews, compliance with requirements, and 

12 operational testing. 

13 (b) ELEMENTS.—The program of record established 

14 pursuant to subsection (a) shall encompass, at a min15 imum, the following: 

16 (1) Correcting the authentication and 

17 credentialing security weaknesses, including in the 

18 Public Key Infrastructure program, identified by the 

19 Director of Operational Test and Evaluation in a re20 port submitted to Congress in April, 2023, entitled 

21 ‘‘FY14–21 Observations of the Compromise of Cyber 

22 Credentials’’. 

23 (2) Implementing improved authentication tech24 nologies, such as biometric and behavioral authen-
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1 tication techniques and other non-password-based 

2 solutions. 

3 (c) BRIEFING.—Not later than 150 days after the 

4 date of the enactment of this Act, the Secretary shall pro5 vide the congressional defense committees a briefing on 

6 the parameters of the program of record established pur7 suant to subsection (a). 

8 SEC. 1720. STRATEGY ON CYBERSECURITY RESILIENCY OF 

9 DEPARTMENT OF DEFENSE SPACE ENTER10 PRISE. 

11 (a) STRATEGY.—Not later than 120 days after the 

12 date of the enactment of this Act, the Secretary of Defense 

13 shall, in coordination with the Chief Information Officer 

14 of the Department of Defense, the Commander of United 

15 States Cyber Command, the Secretary of the Air Force, 

16 and the Commander of United States Space Command, 

17 develop and commence implementation of a Department18 wide strategy regarding cyber protection activities for the 

19 Department of Defense space enterprise. 

20 (b) ELEMENTS.—The strategy developed and imple21 mented pursuant to subsection (a) shall, at a minimum, 

22 address the following elements: 

23 (1) The coordination and synchronization of 

24 cyber protection activities across combatant com-
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1 mands, the military departments, and defense agen2 cies. 

3 (2) The adoption and implementation of zero 

4 trust architecture on legacy and new space-based 

5 systems. 

6 (3) How the Department will prioritize the 

7 mitigation of known cyber risks and vulnerabilities 

8 to legacy and new space-based systems. 

9 (4) How the Department will accelerate the de10 velopment of capabilities to protect space-based sys11 tems from cyber threats. 

12 (c) BRIEFING.—Not later than 150 days after the 

13 date of the enactment of this Act, the Secretary shall pro14 vide the congressional defense committees a briefing on 

15 the strategy developed and implemented pursuant to sub16 section (a). 

17 SEC. 1721. REQUIREMENTS FOR IMPLEMENTATION OF 

18 USER ACTIVITY MONITORING FOR CLEARED 

19 PERSONNEL AND OPERATIONAL AND INFOR20 MATION TECHNOLOGY ADMINISTRATORS 

21 AND OTHER PRIVILEGED USERS. 

22 (a) IN GENERAL.—The Secretary of Defense shall re23 quire each head of a component of the Department of De24 fense to fully implement directives, policies, and program 

25 requirements for user activity monitoring and least privi-
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1 lege access controls for Federal Government and con2 tractor personnel granted access to classified information 

3 and classified networks. 

4 (b) SPECIFIC USER ACTIVITY CONTROL REQUIRE5 MENTS.—The Secretary shall require each head of a De6 partment component to fully implement the detection, col7 lection, and auditing of the following: 

8 (1) Sent and received emails, including sent at9 tachments and emails sent outside of Federal Gov10 ernment domains. 

11 (2) Screen captures and print jobs, with fo12 cused attention on unusual volumes and times. 

13 (3) Accesses to World Wide Web Uniform Re14 source Locators and uploads and downloads involv15 ing nongovernment domains. 

16 (4) All instances in which a user creates, copies, 

17 moves to, or renames a file on removable media. 

18 (5) Secure file transfers, including on non19 standard ports. 

20 (6) Keystrokes. 

21 (7) Unauthorized research on user activity mon22 itoring agents and techniques to disable user activity 

23 monitoring agents. 

24 (8) Attempts to clear event logs on devices. 
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1 (9) Unauthorized applications being installed or 

2 run on an endpoint. 

3 (10) Installation and use of mounted drives, in4 cluding serial numbers of such drives. 

5 (11) Initiation and control of an interactive ses6 sion on a remote computer or virtual machine. 

7 (12) Instances where monitored users are de8 nied access to a network location or resource. 

9 (13) Users uploading to or downloading from 

10 cloud services. 

11 (14) Administrative actions by privileged users, 

12 including remote and after-hour administrative ac13 tions, as well as document viewing, copy and paste 

14 activity, and file copying to new locations. 

15 (c) ADDITIONAL REQUIREMENTS.—The Secretary 

16 shall require each head of a Department component to im17 plement the following: 

18 (1) Automated controls to prohibit privileged 

19 user accounts from performing general user activi20 ties not requiring privileged access. 

21 (2) Two-person control whereby privileged users 

22 attempt to initiate data transfers from a classified 

23 domain and removable media-based data transfer ac24 tivities on classified networks. 
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1 (d) ESTABLISHING USER ACTIVITY MONITORING BE2 HAVIOR THRESHOLDS.— 

3 (1) IN GENERAL.—The Secretary shall require 

4 each head of a Department component to implement 

5 standard triggers, alerts, and controls developed by 

6 the Under Secretary of Defense for Intelligence and 

7 Security based on insider threat behavior models ap8 proved by the Under Secretary. 

9 (2) APPROVAL OF DEVIATIONS.—A head of a 

10 Department component that seeks to adopt a prac11 tice pursuant to paragraph (1) that deviates from 

12 standard triggers, alerts, and controls described in 

13 such paragraph by being less stringent shall submit 

14 to the Under Secretary a request for approval for 

15 such deviation along with a written justification for 

16 such deviation. 

17 (e) PERIODIC TESTING.—The Secretary shall require 

18 each head of a Department component, not less frequently 

19 than once every two years— 

20 (1) to conduct insider threat testing using 

21 threat-realistic tactics, techniques, and procedures; 

22 and 

23 (2) to submit to the Under Secretary and the 

24 Director of Operational Test and Evaluation a re-
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1 port on the findings of the head with respect to the 

2 testing conducted pursuant to paragraph (1). 

3 (f) PERIODIC REVIEWS AND UPDATES.—The Sec4 retary shall review and update the standard set of trig5 gers, alerts, and controls described in subsection (d)(1) at 

6 least once every three years to account for new technology, 

7 new insider threat behaviors, and the results of testing 

8 conducted pursuant to subsection (e)(1). 

9 (g) REPORT.—Not later than 180 days after the date 

10 of the enactment of this Act, the Secretary shall submit 

11 to the Committee on Armed Services and the Select Com12 mittee on Intelligence of the Senate and the Committee 

13 on Armed Services and the Permanent Select Committee 

14 on Intelligence of the House of Representatives a report 

15 on the implementation of the requirements of this section. 

16 (h) DEFINITION OF TRIGGERS.—In this section, the 

17 term ‘‘trigger’’ means a set of logic statements applied to 

18 a data stream that produces an alert when an anomalous 

19 incident or behavior occurs. 

20 SEC. 1722. DEPARTMENT OF DEFENSE DIGITAL CONTENT 

21 PROVENANCE. 

22 (a) BRIEFING.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date of the enactment of this Act, the Director 

25 of the Defense Media Activity (DMA) shall provide 
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1 a to the Committee on Armed Services of the Senate 

2 and the Committee on Armed Services of the House 

3 of Representatives a briefing on developing a course 

4 of education at the Defense Information School 

5 (DINFOS) to teach the practical concepts and skills 

6 needed by Department of Defense public affairs, 

7 audiovisual, visual information, and records manage8 ment specialists. 

9 (2) ELEMENTS.—The briefing provided pursu10 ant to paragraph (1) shall cover the following: 

11 (A) The expertise and qualifications of the 

12 Department personnel who will be responsible 

13 for teaching the proposed course of education. 

14 (B) The list of sources that will be con15 sulted and used to develop the proposed cur16 riculum for the course of education. 

17 (C) A description of the industry open 

18 technical standards under subsection (b)(1)(C). 

19 (D) The status of the implementation of 

20 the course of education. 

21 (b) COURSE OF EDUCATION REQUIRED.— 

22 (1) IN GENERAL.—Not later than one year 

23 after the date of the enactment of this Act, the Di24 rector of the Defense Media Activity shall establish 

25 a course of education at the Defense Information 
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1 School to teach the practical concepts and skills 

2 needed by public affairs, audiovisual, visual informa3 tion, and records management specialists to under4 stand the following: 

5 (A) Digital content provenance for applica6 ble Department media content. 

7 (B) The challenges posed to Department 

8 missions and operations by a digital content 

9 forgery. 

10 (C) How existing industry open technical 

11 standards may be used to authenticate the dig12 ital content provenance of applicable Depart13 ment media content. 

14 (2) MATTERS COVERED.—The course of edu15 cation established pursuant to paragraph (1) shall 

16 cover the following: 

17 (A) The challenges to Department mis18 sions and operations posed by a digital content 

19 forgery. 

20 (B) The development of industry open 

21 technical standards for verifying the digital con22 tent provenance of applicable Department 

23 media content. 

24 (C) Hands-on training techniques for cap25 turing secure and authenticated digital content 
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1 for documenting and communicating Depart2 ment themes and messages. 

3 (D) Training for completing post-produc4 tion tasks by using industry open technical 

5 standards for digital content provenance and 

6 transmitting applicable Department media con7 tent in both operational and nonoperational en8 vironments. 

9 (E) Such other matters as the Director 

10 considers appropriate. 

11 (3) REPORT.—Not later than one year after the 

12 date of the establishment of the course required in 

13 paragraph (1), the Director shall provide the Com14 mittee on Armed Services of the Senate and the 

15 Committee on Armed Services of the House of Rep16 resentatives a report on the following: 

17 (A) The status of the development of a 

18 curriculum to carry out the course of education 

19 required by paragraph (1). 

20 (B) The implementation plan of the Direc21 tor for such course of education, including the 

22 following: 

23 (i) The expertise and qualifications of 

24 the Department personnel responsible for 

25 teaching the course of education. 
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1 (ii) The list of sources consulted and 

2 used to develop the curriculum for the 

3 course of education. 

4 (iii) A description of the industry open 

5 technical standards under subsection 

6 (b)(1)(C). 

7 (iv) The status of the implementation 

8 of the course of education. 

9 (C) The resources available to the Director 

10 to carry out this subsection and whether the 

11 Director requires any additional resources to 

12 carry out this subsection. 

13 (c) PILOT PROGRAM ON IMPLEMENTING DIGITAL

14 CONTENT PROVENANCE STANDARDS.— 

15 (1) PILOT PROGRAM REQUIRED.—Not later 

16 than one year after the date of the enactment of this 

17 Act, the Director shall commence a pilot program to 

18 assess the feasibility and advisability of imple19 menting industry open technical standards for dig20 ital content provenance for official Department pho21 tographic and video visual documentation that is 

22 publicly released by the Defense Visual Information 

23 Distribution Service (DVIDS) and other distribution 

24 platforms, systems, and services used by the Depart25 ment. 
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1 (2) ELEMENTS.—In carrying out the pilot pro2 gram required by paragraph (1), the Director 

3 shall— 

4 (A) establish a process for using industry 

5 open technical standards for verifying the dig6 ital content provenance of applicable Depart7 ment media content; 

8 (B) apply technology solutions on photo9 graphs and videos of the Department publicly 

10 released after the date of the enactment of this 

11 section, that comport with industry open tech12 nical standard for digital content provenance; 

13 (C) assess the feasibility and advisability of 

14 applying an industry open technical standard 

15 for digital content provenance on historical vis16 ual information records of the Department 

17 stored at the Defense Visual Information 

18 Records Center; and 

19 (D) develop and apply measure of effec20 tiveness for the execution of the pilot program. 

21 (3) CONSULTATION.—In carrying out the pilot 

22 program required by paragraph (1), the Director 

23 may consult with federally funded research and de24 velopment centers, private industry, academia, and 

25 such others as the Director considers appropriate. 
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1 (4) TERMINATION.—The pilot program carried 

2 out pursuant to paragraph (1) shall terminate on 

3 January 1, 2027. 

4 (5) REPORT.— 

5 (A) IN GENERAL.—Not later than January 

6 1, 2026, the Director shall submit to the Com7 mittee on Armed Services of the Senate and the 

8 Committee on Armed Services of the House of 

9 Representatives a report on the pilot program. 

10 (B) CONTENTS.—The report submitted 

11 pursuant to subparagraph (A) shall include the 

12 following: 

13 (i) The findings of the Director with 

14 respect to the pilot program. 

15 (ii) The names of all entities the Di16 rector consulted with in carrying out the 

17 pilot program as authorized under para18 graph (3). 

19 (iii) Assessment of the effectiveness of 

20 the pilot. 

21 (iv) A recommendation as to whether 

22 the pilot program should be made perma23 nent. 

24 (d) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘applicable Department media 

2 content’’ means the media holdings generated, 

3 stored, or controlled by the Defense Media Activity. 

4 (2) The term ‘‘digital content forgery’’ means 

5 the use of emerging technologies, including artificial 

6 intelligence and machine learning techniques to fab7 ricate or manipulate audio, visual, or text content 

8 with the intent to mislead. 

9 (3) The term ‘‘digital content provenance’’ 

10 means the verifiable chronology of the origin and 

11 history of a piece of digital content, such as an 

12 image, video, audio recording, or electronic docu13 ment. 

14 SEC. 1723. POST-GRADUATE EMPLOYMENT OF CYBER SERV15 ICE ACADEMY SCHOLARSHIP RECIPIENTS IN 

16 INTELLIGENCE COMMUNITY. 

17 Section 1535 of the James M. Inhofe National De18 fense Authorization Act for Fiscal Year 2023 (Public Law 

19 117–263; 10 U.S.C. 2200 note) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1), by inserting ‘‘, the 

22 heads of the elements of the intelligence com23 munity,’’ after ‘‘the Secretary of Homeland Se24 curity’’; and 
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1 (B) in paragraph (3), by striking ‘‘Depart2 ment of Defense Cyber and Digital Service 

3 Academy’’ and inserting ‘‘Cyber Service Acad4 emy’’; and 

5 (2) in subsection (d), by inserting ‘‘or an ele6 ment of the intelligence community’’ after ‘‘missions 

7 of the Department’’; 

8 (3) in subsection (e)— 

9 (A) by striking ‘‘Secretary’’ each place it 

10 appears and inserting ‘‘head concerned’’; and 

11 (B) by inserting ‘‘, or within an element of 

12 the intelligence community, as the case may be’’ 

13 after ‘‘United States Code’’; 

14 (4) in subsections (h), (j), and (k), by striking 

15 ‘‘Secretary’’ each place it appears and inserting 

16 ‘‘head concerned’’; and 

17 (5) by adding at the end of the following new 

18 subsections: 

19 ‘‘(p) INTERAGENCY CONSIDERATIONS.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Defense 

21 shall enter into an agreement with the head of an 

22 element of the intelligence community to allow a 

23 scholarship recipient to satisfy the recipient’s post24 award employment obligations under this section by 

25 working for an element of the intelligence commu-
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1 nity that is not part of the Department of Defense 

2 if the head of that element agrees to reimburse the 

3 Department of Defense for the scholarship program 

4 costs associated with that scholarship recipient. 

5 ‘‘(2) LIMITATIONS.—(A) A scholarship recipient 

6 may not serve the recipient’s post-award employment 

7 obligation under this section at an element of the in8 telligence community that is not part of the Depart9 ment of Defense before an agreement under para10 graph (1) is reached. 

11 ‘‘(B) Not more than 10 percent of scholarship 

12 recipients in each class may be placed in positions 

13 outside the Department of Defense unless the Sec14 retary certifies that the Department of Defense can15 not facilitate a placement within the Department of 

16 Defense. 

17 ‘‘(q) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘head concerned’ means— 

19 ‘‘(A) The Secretary of Defense, with re20 spect to matters concerning the Department of 

21 Defense; or 

22 ‘‘(B) the head of an element of the intel23 ligence community, with respect to matters con24 cerning that element. 
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1 ‘‘(2) The term ‘intelligence community’ has the 

2 meaning given such term in section 3 of the Na3 tional Security Act of 1947 (50 U.S.C. 3003).’’. 

4 SEC. 1724. MINIMUM NUMBER OF SCHOLARSHIPS TO BE 

5 AWARDED ANNUALLY THROUGH CYBER 

6 SERVICE ACADEMY. 

7 Section 1535(c) of the James M. Inhofe National De8 fense Authorization Act for Fiscal Year 2023 (Public Law 

9 117–263; 10 U.S.C. 2200 note) is amended by adding at 

10 the end the following new paragraph: 

11 ‘‘(5) MINIMUM NUMBER OF SCHOLARSHIP

12 AWARDS.— 

13 ‘‘(A) IN GENERAL.—The Secretary of De14 fense shall award not fewer than 1,000 scholar15 ships through the Program in fiscal year 2026 

16 and in each fiscal year thereafter. 

17 ‘‘(B) WAIVER.—The Secretary of Defense 

18 may award fewer than the number of scholar19 ships required under subparagraph (A) in a fis20 cal year if the Secretary determines and notifies 

21 the congressional defense committees that fewer 

22 scholarships are necessary to address workforce 

23 needs.’’. 
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1 SEC. 1725. CONTROL AND MANAGEMENT OF DEPARTMENT 

2 OF DEFENSE DATA AND ESTABLISHMENT OF 

3 CHIEF DIGITAL AND ARTIFICIAL INTEL4 LIGENCE OFFICER GOVERNING COUNCIL. 

5 (a) CONTROL AND MANAGEMENT OF DEPARTMENT

6 OF DEFENSE DATA.—The Chief Digital and Artificial In7 telligence Officer of the Department of Defense shall 

8 maintain the authority, but not the requirement, to access 

9 and control, on behalf of the Secretary of Defense, of all 

10 data collected, acquired, accessed, or utilized by Depart11 ment of Defense components consistent with section 1513 

12 of the James M. Inhofe National Defense Authorization 

13 Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 

14 4001 note). 

15 (b) CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE

16 OFFICER GOVERNING COUNCIL.—Paragraph (3) of sec17 tion 238(d) of the John S. McCain National Defense Au18 thorization Act for Fiscal Year 2019 (Public Law 115– 

19 232; 10 U.S.C. note prec. 4061) is amended to read as 

20 follows: 

21 ‘‘(3) CHIEF DIGITAL AND ARTIFICIAL INTEL22 LIGENCE OFFICER GOVERNING COUNCIL.— 

23 ‘‘(A) ESTABLISHMENT.—(i) The Secretary 

24 shall establish a council to provide policy over25 sight to ensure the responsible, coordinated, 

26 and ethical employment of data and artificial 
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1 intelligence capabilities across Department of 

2 Defense missions and operations. 

3 ‘‘(ii) The council established pursuant to 

4 clause (i) shall be known as the ‘Chief Digital 

5 and Artificial Intelligence Officer Governing 

6 Council’ (in this paragraph the ‘Council’). 

7 ‘‘(B) MEMBERSHIP.—The Council shall be 

8 composed of the following: 

9 ‘‘(i) Joint Staff J–6. 

10 ‘‘(ii) The Under Secretary of Defense 

11 for Acquisition and Sustainment. 

12 ‘‘(iii) The Under Secretary of Defense 

13 for Research and Evaluation. 

14 ‘‘(iv) The Under Secretary of Defense 

15 for Intelligence and Security. 

16 ‘‘(v) The Under Secretary of Defense 

17 for Policy. 

18 ‘‘(vi) The Director of Cost Analysis 

19 and Program Evaluation. 

20 ‘‘(vii) The Chief Information Officer 

21 of the Department. 

22 ‘‘(viii) The Director of Administration 

23 and Management. 

24 ‘‘(ix) The service acquisition execu25 tives of each of the military departments. 
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1 ‘‘(C) HEAD OF COUNCIL.—The Council 

2 shall be headed by the Chief Digital and Artifi3 cial Intelligence Officer of the Department. 

4 ‘‘(D) MEETINGS.—The Council shall meet 

5 not less frequently than twice each fiscal year. 

6 ‘‘(E) DUTIES OF COUNCIL.—The duties of 

7 the Council are as follows: 

8 ‘‘(i) To streamline the organizational 

9 structure of the Department as it relates 

10 to artificial intelligence development, im11 plementation, and oversight. 

12 ‘‘(ii) To improve coordination on arti13 ficial intelligence governance with the de14 fense industry sector. 

15 ‘‘(iii) To establish and oversee artifi16 cial intelligence guidance on ethical re17 quirements and protections for usage of ar18 tificial intelligence supported by Depart19 ment funding and reduces or mitigates in20 stances of unintended bias in artificial in21 telligence algorithms. 

22 ‘‘(iv) To identify, monitor, and peri23 odically update appropriate recommenda24 tions for operational usage of artificial in25 telligence. 
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1 ‘‘(v) To review, as the head of the 

2 Council considers necessary, artificial intel3 ligence program funding to ensure that 

4 any Department investment in an artificial 

5 intelligence tool, system, or algorithm ad6 heres to all Department established policy 

7 related to artificial intelligence. 

8 ‘‘(vi) To provide periodic status up9 dates on the efforts of the Department to 

10 develop and implement artificial intel11 ligence into existing Department programs 

12 and processes. 

13 ‘‘(vii) To provide guidance on access 

14 and distribution restrictions relating to 

15 data, models, tool sets, or testing or valida16 tion infrastructure. 

17 ‘‘(viii) to implement and oversee a 

18 data and artificial intelligence educational 

19 program for the purpose of familiarizing 

20 the Department at all levels on the applica21 tions of artificial intelligence in their oper22 ations. 

23 ‘‘(ix) To implement and oversee a 

24 data decree scorecard. 
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1 ‘‘(x) Such other duties as the Council 

2 determines appropriate. 

3 ‘‘(F) PERIODIC REPORTS.—Not later than 

4 180 days after the date of the enactment of the 

5 National Defense Authorization Act for Fiscal 

6 Year 2024 and not less frequently than once 

7 every 18 months thereafter, the Council shall 

8 submit to the Secretary and the congressional 

9 defense committees a report on the activities of 

10 the Council during the period covered by the re11 port.’’. 

12 SEC. 1726. REQUIREMENT TO SUPPORT FOR CYBER EDU13 CATION AND WORKFORCE DEVELOPMENT AT 

14 INSTITUTIONS OF HIGHER LEARNING. 

15 (a) AUTHORITY.—The Secretary of Defense shall 

16 support the development of foundational expertise in crit17 ical cyber operational skills at institutions of higher learn18 ing, selected by the Secretary under subsection (b), for 

19 current and future members of the Armed Forces and ci20 vilian employees of the Department of Defense. 

21 (b) SELECTION.—The Secretary shall select institu22 tions of higher learning to receive support under sub23 section (a) from among institutions of higher learning that 

24 meet the following eligibility criteria: 
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1 (1) The institution offers a program from be2 ginning through advanced skill levels to provide fu3 ture military and civilian leaders of the Armed 

4 Forces with operational cyber expertise. 

5 (2) The institution includes instruction and 

6 practical experiences that lead to recognized certifi7 cations and degrees in the cyber field. 

8 (3) The institution has and maintains an edu9 cational partnership with an active component of the 

10 Armed Forces or a Department component designed 

11 to facilitate the development of critical cyber skills 

12 for students who may pursue a military career. 

13 (4) The institution is located in close proximity 

14 to a military installation with a cyber mission de15 fined by the Department or the Armed Forces. 

16 (c) SUPPORT.—Under subsection (a), the Secretary 

17 shall provide, at a minimum, to each institution of higher 

18 learning selected by the Secretary under subsection (b) the 

19 following support for civilian and military leaders of the 

20 Department transitioning into cyber fields at the Depart21 ment: 

22 (1) Expansion of cyber educational programs 

23 focused on enhancing such transition. 

24 (2) Hands-on cyber opportunities, including lab25 oratories and security operations centers. 
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1 (3) Direct financial assistance to civilian and 

2 military students at the Department to increase ac3 cess to courses and hands-on opportunities under 

4 paragraphs (1) and (2). 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $10,000,000 for fiscal year 2024. 

8 SEC. 1727. IMPROVEMENTS RELATING TO CYBER PROTEC9 TION SUPPORT FOR DEPARTMENT OF DE10 FENSE PERSONNEL IN POSITIONS HIGHLY 

11 VULNERABLE TO CYBER ATTACK. 

12 Section 1645 of the National Defense Authorization 

13 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 

14 2224 note) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) by inserting ‘‘and personal ac18 counts’’ after ‘‘personal technology de19 vices’’; and 

20 (ii) by inserting ‘‘and shall provide 

21 such support to any such personnel who 

22 request the support’’ after ‘‘in paragraph 

23 (2)’’; and 
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1 (B) in paragraph (2)(B), by inserting ‘‘or 

2 personal accounts’’ after ‘‘personal technology 

3 devices’’; 

4 (2) in subsection (c)— 

5 (A) in paragraph (1), by inserting ‘‘or per6 sonal accounts’’ after ‘‘personal technology de7 vices’’; and 

8 (B) in paragraph (2), by striking ‘‘and net9 works’’ and inserting ‘‘, personal networks, and 

10 personal accounts’’; and 

11 (3) by striking subsections (d) and (e) and in12 serting the following new subsection (d): 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘personal accounts’ means ac15 counts for online and telecommunications services, 

16 including telephone, residential internet access, 

17 email, text and multimedia messaging, cloud com18 puting, social media, health care, and financial serv19 ices, used by Department of Defense personnel out20 side of the scope of their employment with the De21 partment. 

22 ‘‘(2) The term ‘personal technology devices ’ 

23 means technology devices used by Department of 

24 Defense personnel outside of the scope of their em-
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1 ployment with the Department and includes net2 works to which such devices connect.’’. 

3 SEC. 1728. COMPTROLLER GENERAL REPORT ON EFFORTS 

4 TO PROTECT PERSONAL INFORMATION OF 

5 DEPARTMENT OF DEFENSE PERSONNEL 

6 FROM EXPLOITATION BY FOREIGN ADVER7 SARIES. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, the Comptroller General 

10 of the United States shall brief the appropriate congres11 sional committees on Department of Defense efforts to 

12 protect personal information of its personnel from exploi13 tation by foreign adversaries. 

14 (b) ELEMENTS.—The briefing required under sub15 section (a) shall include any observations on the following 

16 elements: 

17 (1) An assessment of efforts by the Department 

18 of Defense to protect the personal information, in19 cluding location data generated by smart phones, of 

20 members of the Armed Forces, civilian employees of 

21 the Department of Defense, veterans, and their fam22 ilies from exploitation by foreign adversaries. 

23 (2) Recommendations to improve Department 

24 of Defense policies and programs to meaningfully 

25 address this threat. 
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1 (c) REPORT.—The Comptroller General shall publish 

2 on its website an unclassified report, which may contain 

3 a classified annex submitted to the congressional defense 

4 and intelligence committees, on the elements described in 

5 subsection (b) at a time mutually agreed upon. 

6 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

7 In this section, the term ‘‘appropriate congressional com8 mittees’’ means— 

9 (1) the congressional defense committees; 

10 (2) the Select Committee on Intelligence of the 

11 Senate; and 

12 (3) the Permanent Select Committee on Intel13 ligence of the House of Representatives. 

14 TITLE XVIII—SPACE FORCE 

15 PERSONNEL MANAGEMENT 

16 SEC. 1801. SHORT TITLE. 

17 This title may be cited as the ‘‘Space Force Personnel 

18 Management Act’’. 

19 SEC. 1802. SPACE FORCE PERSONNEL MANAGEMENT ACT 

20 TRANSITION PLAN. 

21 (a) CONDITIONS REQUIRED FOR ENACTMENT.— 

22 (1) IN GENERAL.—None of the authorities pro23 vide by this title shall take effect until the later of— 

24 (A) the Secretary of the Air Force— 
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1 (i) certifies to the congressional de2 fense committees that any State National 

3 Guard affected by the transfer of units, 

4 personnel billets, equipment, and resources 

5 into the Space Force will be made whole by 

6 the transfer of additional assets under the 

7 control of the Secretary of the Air Force 

8 into the affected State National Guard; 

9 and 

10 (ii) submits to the congressional de11 fense committees a report that includes a 

12 transition plan to move all units, personnel 

13 billets, equipment, and resources per14 forming core Space Force functions, under 

15 the operational control of the Space Force, 

16 or otherwise integral to the Space Force 

17 mission that may exist in the reserve com18 ponents of the Department of the Air 

19 Force into the Space Force; and 

20 (B) one year after the Secretary of De21 fense provides the briefing on the study re22 quired under section 1703(c). 

23 (2) ELEMENTS.—The transition plan required 

24 under paragraph (1)(B) shall include the following 

25 elements: 
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1 (A) An identification of any units, per2 sonnel billets, equipment, and resources cur3 rently residing in the Air Force Reserve and Air 

4 National Guard that will be transferred into the 

5 Space Force, including, for items currently in 

6 the Air National Guard, a breakdown of assets 

7 by State. 

8 (B) A timeline for the implementation of 

9 the authorities provided by this title. 

10 (C) An explanation of any units personnel 

11 billets, equipment, and resources transferred be12 tween the Regular Air Force, Air Force Re13 serve, Air National Guard, and Space Force, in14 cluding, for any assets transferred into or out 

15 of the Air National Guard, a breakdown of 

16 transfers by State. 

17 (b) PERSONNEL PROTECTIONS.— 

18 (1) IN GENERAL.—In enacting the authorities 

19 provided by this title, the Secretary of the Air Force 

20 shall not require any currently serving member of 

21 the Air National Guard to enlist or commission into 

22 the Space Force. 

23 (2) JOB PLACEMENT.—The Secretary of the Air 

24 Force shall provide employment opportunities within 

25 the Air National Guard to any currently serving 
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1 member of the Air National Guard who, as a direct 

2 result of the enactment of this title, declines to affil3 iate with the Space Force. 

4 (3) SPACE FORCE AFFILIATION.—The Secretary 

5 of the Air Force shall guarantee in writing that any 

6 member of the Air National Guard who joins the 

7 Space Force as a result of the enactment of this title 

8 will not lose rank or pay upon transferring to the 

9 Space Force. 

10 (c) NATIONAL GUARD PROTECTIONS.—The Sec11 retary of the Air Force shall ensure that no State National 

12 Guard loses Federal resources, including net personnel bil13 lets and Federal funding, as a result of the enactment of 

14 the authorities provided by this title. 

15 SEC. 1803. COMPREHENSIVE ASSESSMENT OF SPACE 

16 FORCE EQUITIES IN THE NATIONAL GUARD. 

17 (a) STUDY REQUIRED.—Not later than 30 days after 

18 the date of the enactment of this Act, the Secretary of 

19 Defense shall seek to enter into an agreement with a Fed20 erally funded research and development center under 

21 which such center will conduct an independent study to 

22 assess the feasibility and advisability of moving all units, 

23 personnel billets, equipment, and resources performing 

24 core space functions, under the operational control of the 

25 Space Force, or otherwise integral to the Space Force mis-
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1 sion that may exist in the National Guard and into a sin2 gle-component Space Force and provide to the Secretary 

3 a report on the findings of the study. The conduct of such 

4 study shall include the following elements: 

5 (1) An analysis and recommendations associ6 ated with at least the three following possible 

7 courses of action: 

8 (A) Maintaining the current model in 

9 which the Air National Guard has units and 

10 personnel performing core space functions. 

11 (B) Transitioning such units and personnel 

12 to the Space Force. 

13 (C) The creation of a new National Guard 

14 component of the Space Force. 

15 (2) A cost-benefit analysis for each of the ana16 lyzed courses of action. 

17 (3) With respect to the course of action de18 scribed in paragraph (1)(B), an analysis of the ideal 

19 personnel, units, and resources that could be 

20 transitioned to the respective Air National Guards of 

21 States that may lose space-related personnel, units, 

22 and resources as a result of the consolidation of 

23 space-related personnel, units, and resources into the 

24 Space Force component. 
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1 (b) DEADLINE FOR COMPLETION.—An agreement 

2 entered into pursuant to subsection (a) shall specify that 

3 the study conducted under the agreement shall be com4 pleted by not later than February 1, 2025. 

5 (c) BRIEFING AND REPORT.— 

6 (1) IN GENERAL.—Upon completion of a study 

7 conducted under an agreement entered into pursu8 ant to subsection (a), the Secretary shall provide to 

9 the Committees on Armed Services of the Senate 

10 and House of Representatives a briefing and report 

11 on the findings of the study, including a description 

12 of any proposed personnel, unit, or resource realign13 ments related to the creation of the Space Force sin14 gle component or recommended by such study. 

15 (2) CLASSIFICATION OF REPORT.—The report 

16 required under paragraph (1) shall be submitted in 

17 unclassified form but may include classified appen18 dices as required. 
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1 Subtitle A—Space Force Military 

2 Personnel System Without Com3 ponent 

4 SEC. 1811. ESTABLISHMENT OF MILITARY PERSONNEL 

5 MANAGEMENT SYSTEM FOR THE SPACE 

6 FORCE. 

7 Title 10, United States Code, is amended by adding 

8 at the end the following new subtitle: 

9 ‘‘Subtitle F—Alternative Military 

10 Personnel Systems 

11 ‘‘PART I—SPACE FORCE 

‘‘Chap. 

‘‘2001. Space Force Personnel System ................................................... 20001 

‘‘2003. Status and Participation ............................................................ 20101 

‘‘2005. Officers ......................................................................................... 20201 

‘‘2007. Enlisted Members ....................................................................... 20301 

‘‘2009. Retention and Separation Generally ............................................ 20401 

‘‘2011. Separation of Officers for Substandard Performance of Duty or 

for Certain Other Reasons .......................................... 20501 

‘‘2013. Retirement .................................................................................. 20601 

12 ‘‘CHAPTER 2001—SPACE FORCE 

13 PERSONNEL SYSTEM 

‘‘Sec. 

‘‘20001. Single military personnel management system. 

‘‘20002. Members: duty status. 

‘‘20003. Members: minimum service requirement as applied to Space Force. 

14 ‘‘§ 20001. Single military personnel management sys15 tem 

16 ‘‘Members of the Space Force shall be managed 

17 through a single military personnel management system, 

18 without component.’’. 
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1 SEC. 1812. COMPOSITION OF THE SPACE FORCE WITHOUT 

2 COMPONENT. 

3 (a) COMPOSITION OF THE SPACE FORCE.—Section 

4 9081(b) of title 10, United States Code, is amended— 

5 (1) by striking paragraph (1); 

6 (2) by redesignating paragraphs (2) and (3) as 

7 paragraphs (1) and (2), respectively; and 

8 (3) in paragraph (1), as so redesignated, by 

9 striking ‘‘, including’’ and all that follows through 

10 ‘‘emergency’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on the date of the certifi13 cation by the Secretary of the Air Force under section 

14 1745. 

15 SEC. 1813. DEFINITIONS FOR SINGLE PERSONNEL MANAGE16 MENT SYSTEM FOR THE SPACE FORCE. 

17 (a) SPACE FORCE DEFINITIONS.—Section 101 of 

18 title 10, United States Code, is amended— 

19 (1) by redesignating subsections (e), (f), and 

20 (g) as subsections (f), (g), and (h), respectively; and 

21 (2) by inserting after subsection (d) the fol22 lowing new subsection (e): 

23 ‘‘(e) SPACE FORCE.—The following definitions relat24 ing to members of the Space Force apply in this title: 

25 ‘‘(1) The term ‘Space Force active status’ 

26 means the status of a member of the Space Force 
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1 who is not in a Space Force inactive status and is 

2 not retired. 

3 ‘‘(2) The term ‘Space Force inactive status’ 

4 means the status of a member of the Space Force 

5 who is designated by the Secretary of the Air Force, 

6 under regulations prescribed by the Secretary, as 

7 being in a Space Force inactive status. 

8 ‘‘(3) The term ‘Space Force retired status’ 

9 means the status of a member of the Space Force 

10 who— 

11 ‘‘(A) is receiving retired pay; or 

12 ‘‘(B) but for being under the eligibility age 

13 applicable under section 12731 of this title, 

14 would be eligible for retired pay under chapter 

15 1223 of this title. 

16 ‘‘(4) The term ‘sustained duty’ means full-time 

17 duty by a member of the Space Force ordered to 

18 such duty by an authority designated by the Sec19 retary of the Air Force— 

20 ‘‘(A) in the case of an officer— 

21 ‘‘(i) to fulfill the terms of an active22 duty service commitment incurred by the 

23 officer under any provision of law; or 

24 ‘‘(ii) with the consent of the officer; 

25 and 
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1 ‘‘(B) in the case of an enlisted member, 

2 with the consent of the enlisted member as 

3 specified in the terms of the member’s enlist4 ment or reenlistment agreement.’’. 

5 (b) AMENDMENTS TO EXISTING DUTY STATUS DEFI6 NITIONS.—Subsection (d) of such section is amended— 

7 (1) in paragraph (1), by inserting ‘‘, including 

8 sustained duty in the Space Force’’ after ‘‘United 

9 States’’; and 

10 (2) in paragraph (7), by inserting ‘‘, or a mem11 ber of the Space Force,’’ after ‘‘Reserves’’ both 

12 places it appears. 

13 SEC. 1814. BASIC POLICIES RELATING TO SERVICE IN THE 

14 SPACE FORCE. 

15 Chapter 2001 of title 10, United States Code, as 

16 added by section 1711, is amended by adding at the end 

17 the following new sections: 

18 ‘‘§ 20002. Members: duty status 

19 ‘‘Under regulations prescribed by the Secretary of the 

20 Air Force, each member of the Space Force shall be placed 

21 in one of the following duty statuses: 

22 ‘‘(1) Space Force active status. 

23 ‘‘(2) Space Force inactive status. 

24 ‘‘(3) Space Force retired status. 
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1 ‘‘§ 20003. Members: minimum service requirement as 

2 applied to Space Force 

3 ‘‘(a) INAPPLICABILITY OF ACTIVE/RESERVE SERVICE

4 DISTINCTION.—In applying section 651 of this title to a 

5 person who becomes a member of the Space Force, the 

6 provisions of the second sentence of subsection (a) and of 

7 subsection (b) of that section (relating to service in a re8 serve component) are inapplicable. 

9 ‘‘(b) TREATMENT UPON TRANSFER OUT OF SPACE

10 FORCE.—A member of the Space Force who transfers to 

11 one of the other armed forces before completing the service 

12 required by subsection (a) of section 651 of this title shall 

13 upon such transfer be subject to section 651 of this title 

14 in the same manner as if such member had initially en15 tered the armed force to which the member transfers.’’. 

16 SEC. 1815. STATUS AND PARTICIPATION. 

17 Subtitle F of title 10, United States Code, as added 

18 by section 1711, is amended by adding at the end the fol19 lowing new chapter: 

20 ‘‘CHAPTER 2003—STATUS AND 

21 PARTICIPATION 

‘‘Sec. 

‘‘20101. Members in Space Force active status: amount of annual training or 

active duty service required. 

‘‘20102. Individual ready guardians: designation; mobilization category. 

‘‘20103. Members not on sustained duty: agreements concerning conditions of 

service. 

‘‘20104. Orders to active duty: with consent of member. 

‘‘20105. Sustained duty. 

‘‘20106. Orders to active duty: without consent of member. 
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‘‘20107. Transfer to inactive status: initial service obligation not complete. 

‘‘20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors. 

‘‘20109. Policy for order to active duty based upon determination by Congress. 

1 ‘‘§ 20101. Members in Space Force active status: 

2 amount of annual training or active duty 

3 service required 

4 ‘‘Except as specifically provided in regulations pre5 scribed by the Secretary of Defense, a member of the 

6 Space Force in a Space Force active status who is not 

7 serving on sustained duty shall be required to— 

8 ‘‘(1) participate in at least 48 scheduled drills 

9 or training periods during each year and serve on 

10 active duty for not less than 14 days (exclusive of 

11 travel time) during each year; or 

12 ‘‘(2) serve on active duty for not more than 30 

13 days during each year. 

14 ‘‘§ 20102. Individual ready guardians: designation; 

15 mobilization category 

16 ‘‘(a) IN GENERAL.—Under regulations prescribed by 

17 the Secretary of Defense, the Secretary of the Air Force 

18 may designate a member of the Space Force in a Space 

19 Force active status as an Individual Ready Guardian. 

20 ‘‘(b) MOBILIZATION CATEGORY.— 

21 ‘‘(1) IN GENERAL.—Among members of the 

22 Space Force designated as Individual Ready Guard23 ians, there is a category of members (referred to as 
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1 a ‘mobilization category’) who, as designated by the 

2 Secretary of the Air Force, are subject to being or3 dered to active duty without their consent in accord4 ance with section 20106(a) of this title. 

5 ‘‘(2) LIMITATIONS ON PLACEMENT IN MOBILI6 ZATION CATEGORY.—A member designated as an In7 dividual Ready Guardian may not be placed in the 

8 mobilization category referred to in paragraph (1) 

9 unless— 

10 ‘‘(A) the member volunteers to be placed in 

11 that mobilization category; and 

12 ‘‘(B) the member is selected by the Sec13 retary of the Air Force, based upon the needs 

14 of the Space Force and the grade and military 

15 skills of that member. 

16 ‘‘(3) LIMITATION ON TIME IN MOBILIZATION

17 CATEGORY.—A member of the Space Force in a 

18 Space Force active status may not remain des19 ignated an Individual Ready Guardian in such mobi20 lization category after the end of the 24-month pe21 riod beginning on the date of the separation of the 

22 member from active service. 

23 ‘‘(4) DESIGNATION OF GRADES AND MILITARY

24 SKILLS OR SPECIALTIES.—The Secretary of the Air 

25 Force shall designate the grades and military skills 
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1 or specialties of members to be eligible for placement 

2 in such mobilization category. 

3 ‘‘(5) BENEFITS.—A member in such mobiliza4 tion category shall be eligible for benefits (other 

5 than pay and training) on the same basis as are 

6 available to members of the Individual Ready Re7 serve who are in the special mobilization category 

8 under section 10144(b) of this title, as determined 

9 by the Secretary of Defense. 

10 ‘‘§ 20103. Members not on sustained duty: agreements 

11 concerning conditions of service 

12 ‘‘(a) AGREEMENTS.—The Secretary of the Air Force 

13 may enter into a written agreement with a member of the 

14 Space Force not on sustained duty— 

15 ‘‘(1) requiring the member to serve on active 

16 duty for a definite period of time; 

17 ‘‘(2) specifying the conditions of the member’s 

18 service on active duty; and 

19 ‘‘(3) for a member serving in a Space Force in20 active status, specifying the conditions for the mem21 ber’s continued service as well as order to active 

22 duty with and without the consent of the member. 

23 ‘‘(b) CONDITIONS OF SERVICE.—An agreement 

24 under subsection (a) shall specify the conditions of service. 
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1 The Secretary of the Air Force shall prescribe regulations 

2 establishing— 

3 ‘‘(1) what conditions of service may be specified 

4 in the agreement; 

5 ‘‘(2) the obligations of the parties; and 

6 ‘‘(3) the consequences of failure to comply with 

7 the terms of the agreement. 

8 ‘‘(c) AUTHORITY FOR RETENTION ON ACTIVE DUTY

9 DURING WAR OR NATIONAL EMERGENCY.—If the period 

10 of service on active duty of a member under an agreement 

11 under subsection (a) expires during a war or during a na12 tional emergency declared by Congress or the President, 

13 the member concerned may be kept on active duty, without 

14 the consent of the member, as otherwise prescribed by law. 

15 ‘‘§ 20104. Orders to active duty: with consent of mem16 ber 

17 ‘‘(a) AUTHORITY.—A member of the Space Force 

18 who is serving in a Space Force active status and is not 

19 on sustained duty, or who is serving in a Space Force inac20 tive status, may, with the consent of the member, be or21 dered to active duty, or retained on active duty, under the 

22 following sections of chapter 1209 of this title in the same 

23 manner as applies to a member of a reserve component 

24 ordered to active duty, or retained on active duty, under 

25 that section with the consent of the member: 
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1 ‘‘(1) Section 12301(d), relating to orders to ac2 tive duty at any time with the consent of the mem3 ber. 

4 ‘‘(2) Section 12301(h), relating to orders to ac5 tive duty in connection with medical or health care 

6 matters. 

7 ‘‘(3) Section 12322, relating to active duty for 

8 health care. 

9 ‘‘(4) Section 12323, relating to active duty 

10 pending line of duty determination required for re11 sponse to sexual assault. 

12 ‘‘(b) APPLICABLE PROVISIONS OF LAW.—The fol13 lowing sections of chapter 1209 of this title pertaining to 

14 a member of a reserve component ordered to active duty 

15 with the consent of the member apply to a member of the 

16 Space Force who is ordered to active duty under this sec17 tion in the same manner as to such a reserve component 

18 member: 

19 ‘‘(1) Section 12308, relating to retention after 

20 becoming qualified for retired pay. 

21 ‘‘(2) Section 12309, relating to use of Reserve 

22 officers in expansion of armed forces. 

23 ‘‘(3) Section 12313, relating to release of re24 serve members from active duty. 

25 ‘‘(4) Section 12314, relating to kinds of duty. 
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1 ‘‘(5) Section 12315, relating to duty with or 

2 without pay. 

3 ‘‘(6) Section 12316, relating to payment of cer4 tain Reserves while on duty. 

5 ‘‘(7) Section 12318, relating to duties and 

6 funding of reserve members on active duty. 

7 ‘‘(8) Section 12320, relating to grade in which 

8 ordered to active duty. 

9 ‘‘(9) Section 12321, relating to a limitation on 

10 number of reserve members assigned to Reserve Of11 ficer Training Corps units. 

12 ‘‘§ 20105. Sustained duty 

13 ‘‘(a) ENLISTED MEMBERS.—An authority designated 

14 by the Secretary of the Air Force may order an enlisted 

15 member of the Space Force in a Space Force active status 

16 to sustained duty, or retain an enlisted member on sus17 tained duty, with the consent of that member, as specified 

18 in the terms of the member’s enlistment or reenlistment 

19 agreement. 

20 ‘‘(b) OFFICERS.—(1) An authority designated by the 

21 Secretary of the Air Force may order a Space Force offi22 cer in a Space Force active status to sustained duty— 

23 ‘‘(A) with the consent of the officer; or 
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1 ‘‘(B) to fulfill the terms of an active-duty serv2 ice commitment incurred by the officer under any 

3 provision of law. 

4 ‘‘(2) An officer ordered to sustained duty under para5 graph (1) may not be released from sustained duty with6 out the officer’s consent except as provided in chapter 

7 2009 or 2011 of this title. 

8 ‘‘§ 20106. Orders to active duty: without consent of 

9 member 

10 ‘‘(a) MEMBERS IN A SPACE FORCE ACTIVE STA11 TUS.—(1) A member of the Space Force in a Space Force 

12 active status who is not on sustained duty, may, without 

13 the consent of the member, be ordered to active duty or 

14 inactive duty in the same manner as a member of a reserve 

15 component ordered to active duty or inactive duty under 

16 the provisions of chapter 1209 of this title and any other 

17 provision of law authorizing the order to active duty of 

18 a member of a reserve component in an active status with19 out the consent of the member. 

20 ‘‘(2) The provisions of chapter 1209 of this title, or 

21 other applicable provisions of law, pertaining to a member 

22 of the Ready Reserve when ordered to active duty shall 

23 apply to a member of the Space Force who is in a Space 

24 Force active status when ordered to active duty under 

25 paragraph (1). 
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1 ‘‘(3) The provisions of section 12304 of this title per2 taining to members in the Individual Ready Reserve mobi3 lization category shall apply to a member of the Space 

4 Force who is designated an Individual Ready Guardian 

5 when ordered to active duty who meets the provisions of 

6 section 20102(b) of this title. 

7 ‘‘(b) MEMBERS IN A SPACE FORCE INACTIVE STA8 TUS.—(1) A member of the Space Force in a Space Force 

9 inactive status may be ordered to active duty under— 

10 ‘‘(A) the provisions of chapter 1209 of this 

11 title; 

12 ‘‘(B) any other provision of law authorizing the 

13 order to active duty of a member of a reserve com14 ponent in an inactive status; and 

15 ‘‘(C) the terms of any agreement entered into 

16 by the member under section 20103 of this title. 

17 ‘‘(2) The provisions of chapter 1209 of this title, or 

18 other applicable provisions of law, pertaining to the Stand19 by Reserve shall apply to a member of the Space Force 

20 who is in a Space Force inactive service when ordered to 

21 active duty. 

22 ‘‘(c) MEMBERS IN A SPACE FORCE RETIRED STA23 TUS.—(1) Chapters 39 and 1209 of this title include pro24 visions authorizing the order to active duty of a member 

25 of the Space Force in a Space Force retired status. 
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1 ‘‘(2) The provisions of sections 688, 688a, and 12407 

2 of this title pertaining to a retired member or a member 

3 of the Retired Reserve shall apply to a member of the 

4 Space Force in a Space Force retired status when ordered 

5 to active duty. 

6 ‘‘(3) The provisions of section 689 of this title per7 taining to a retired member ordered to active duty shall 

8 apply to a member of the Space Force in a Space Force 

9 retired status who is ordered to active duty. 

10 ‘‘(d) OTHER APPLICABLE PROVISIONS.—The fol11 lowing provisions of chapter 1209 of this title pertaining 

12 shall apply to a member of the Space Force ordered to 

13 active duty in the same manner as to a Reserve or member 

14 of the Retired Reserve ordered to active duty: 

15 ‘‘(1) Section 12305, relating to the authority of 

16 the President to suspend certain laws relating to 

17 promotion, retirement, and separation. 

18 ‘‘(2) Section 12308, relating to retention after 

19 becoming qualified for retired pay. 

20 ‘‘(3) Section 12313, relating to release from ac21 tive duty. 

22 ‘‘(4) Section 12314, relating to kinds of duty. 

23 ‘‘(5) Section 12315, relating to duty with or 

24 without pay. 
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1 ‘‘(6) Section 12316, relating to payment of cer2 tain Reserves while on duty. 

3 ‘‘(7) Section 12317, relating to theological stu4 dents; limitations. 

5 ‘‘(8) Section 12320, relating to grade in which 

6 ordered to active duty. 

7 ‘‘§ 20107. Transfer to inactive status: initial service 

8 obligation not complete 

9 ‘‘(a) GENERAL RULE.—A member of the Space Force 

10 who has not completed the required minimum service obli11 gation referred to in section 20003 of this title shall, if 

12 terminating Space Force active status, be transferred to 

13 a Space Force inactive status and, unless otherwise des14 ignated an Individual Ready Guardian under section 

15 20102 of this title, shall remain subject to order to active 

16 duty without the member’s consent under section 20106 

17 of this title. 

18 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to 

19 a member who is separated from the Space Force by the 

20 Secretary of the Air Force under section 20503 of this 

21 title. 
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1 ‘‘§ 20108. Members of Space Force: credit for service 

2 for purposes of laws providing pay and 

3 benefits for members, dependents, and 

4 survivors 

5 ‘‘For the purposes of laws providing pay and benefits 

6 for members of the Armed Forces and their dependents 

7 and beneficiaries: 

8 ‘‘(1) Military training, duty, or other service 

9 performed by a member of the Space Force in a 

10 Space Force active status not on sustained duty 

11 shall be considered military training, duty, or other 

12 service, as the case may be, as a member of a re13 serve component. 

14 ‘‘(2) Sustained duty performed by a member of 

15 the Space Force under section 20105 of this title 

16 shall be considered active duty as a member of a 

17 regular component. 

18 ‘‘(3) Active duty performed by a member of the 

19 Space Force in a Space Force active status not on 

20 sustained duty shall be considered active duty as a 

21 member of a reserve component. 

22 ‘‘(4) Inactive-duty training performed by a 

23 member of the Space Force shall be considered inac24 tive-duty training as a member of a reserve compo25 nent. 
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1 ‘‘§ 20109. Policy for order to active duty based upon 

2 determination by Congress 

3 ‘‘Whenever Congress determines that more units and 

4 organizations capable of conducting space operations are 

5 needed for the national security than are available among 

6 those units comprised of members of the Space Force serv7 ing on active duty, members of the Space Force not serv8 ing on active duty shall be ordered to active duty and re9 tained as long as so needed.’’. 

10 SEC. 1816. OFFICERS. 

11 (a) ORIGINAL APPOINTMENTS.—Subtitle F of title 

12 10, United States Code, as amended by section 1715, is 

13 further amended by adding at the end the following new 

14 chapter: 

15 ‘‘CHAPTER 2005—OFFICERS 

‘‘Subchapter Sec. 

‘‘I. Original appointments ........................................................................ 20201 

‘‘II. Selection boards ................................................................................ 20211 

‘‘III. Promotions ...................................................................................... 20231 

‘‘IV. Persons not considered for promotion and other promotion-related 

provisions ...................................................................... 20241 

‘‘V. Applicability of other laws ................................................................. 20251 

16 ‘‘SUBCHAPTER I—ORIGINAL APPOINTMENTS 

‘‘Sec. 

‘‘20201. Original appointments: how made. 

‘‘20202. Original appointments: qualifications. 

‘‘20203. Original appointments: service credit. 
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1 ‘‘§ 20201. Original appointments: how made 

2 ‘‘The provisions of section 531 of this title shall apply 

3 to original appointments of commissioned officers in the 

4 Space Force. 

5 ‘‘§ 20202. Original appointments: qualifications 

6 ‘‘(a) IN GENERAL.—An original appointment as a 

7 commissioned officer in the Space Force may be given only 

8 to a person who— 

9 ‘‘(1) is a citizen of the United States; 

10 ‘‘(2) is at least 18 years of age; and 

11 ‘‘(3) has such other physical, mental, moral, 

12 professional, and age qualifications as the Secretary 

13 of the Air Force may prescribe by regulation. 

14 ‘‘(b) EXCEPTION.—A person who is otherwise quali15 fied, but who has a physical condition that the Secretary 

16 of the Air Force determines will not interfere with the per17 formance of the duties to which that person may be as18 signed, may be appointed as an officer in the Space Force. 

19 ‘‘§ 20203. Original appointments: service credit 

20 ‘‘The provisions of section 533 of this title shall apply 

21 to the crediting of prior active commissioned service for 

22 original appointments of commissioned officers.’’. 

23 (b) CONFORMING AMENDMENTS RELATING TO

24 ORIGINAL APPOINTMENTS.— 

25 (1) DEFINITIONS.—Section 101 of title 10, 

26 United States Code, is amended in subsection 
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1 (b)(10) by inserting before the period at the end the 

2 following: ‘‘and, with respect to the appointment of 

3 a member of the armed forces in the Space Force, 

4 refers to that member’s most recent appointment in 

5 the Space Force that is neither a promotion nor a 

6 demotion’’. 

7 (2) ORIGINAL APPOINTMENTS OF COMMIS8 SIONED OFFICERS.—Section 531 of such title is 

9 amended by striking ‘‘Regular’’ before ‘‘Space 

10 Force’’ each place it appears. 

11 (3) QUALIFICATIONS FOR ORIGINAL APPOINT12 MENT AS A COMMISSIONED OFFICER.—Section 

13 532(a) of such title is amended by striking ‘‘Regular 

14 Marine Corps, or Regular Space Force’’ and insert15 ing ‘‘or Regular Marine Corps’’. 

16 (4) SERVICE CREDIT UPON ORIGINAL APPOINT17 MENT AS A COMMISSIONED OFFICER.—Section 533 

18 of such title is amended by striking ‘‘Regular’’ be19 fore ‘‘Space Force’’ each place it appears. 

20 (c) SELECTION BOARDS AND PROMOTIONS.—Chap21 ter 205 of title 10, United States Code, as added by sub22 section (a), is amended by adding at the end the following 

23 new subchapters: 

24 ‘‘SUBCHAPTER II—SELECTION BOARDS 

‘‘Sec. 

‘‘20211. Convening of selection boards. 

‘‘20212. Composition of selection boards. 
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‘‘20213. Notice of convening of selection boards. 

‘‘20214. Information furnished to selection boards. 

‘‘20215. Recommendations for promotion by selection boards. 

‘‘20216. Reports of selection boards. 

‘‘20217. Action on reports of selection boards for promotion to brigadier general 

or major general. 

1 ‘‘§ 20211. Convening of selection boards 

2 ‘‘(a) IN GENERAL.—Whenever the needs of the serv3 ice require, the Secretary of the Air Force shall convene 

4 selection boards to recommend for promotion to the next 

5 higher permanent grade officers of the Space Force in 

6 each permanent grade from first lieutenant through briga7 dier general. 

8 ‘‘(b) EXCEPTION FOR OFFICERS IN GRADE OF FIRST

9 LIEUTENANT.—Subsection (a) does not require the con10 vening of a selection board in the case of Space Force offi11 cers in the permanent grade of first lieutenant when the 

12 Secretary of the Air Force recommends for promotion to 

13 the grade of captain under section 20238(a)(4)(A) of this 

14 title all such officers whom the Secretary finds to be fully 

15 qualified for promotion. 

16 ‘‘(c) SECTION 20404 SELECTION BOARDS.—The Sec17 retary of the Air Force may convene selection boards to 

18 recommend officers for early retirement under section 

19 20404(a) of this title or for discharge under section 

20 20404(b) of this title. 
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1 ‘‘(d) REGULATIONS.—The convening of selection 

2 boards under subsection (a) shall be under regulations 

3 prescribed by the Secretary of the Defense. 

4 ‘‘§ 20212. Composition of selection boards — 

5 ‘‘(a) APPOINTMENT AND COMPOSITION OF

6 BOARDS.— 

7 ‘‘(1) IN GENERAL.—Members of a selection 

8 board shall be appointed by the Secretary of Air 

9 Force in accordance with this section. A selection 

10 board shall consist of five or more officers of the 

11 Space Force. Each member of a selection board 

12 must be serving in a grade higher than the grade of 

13 the officers under consideration by the board, except 

14 that no member of a board may be serving in a 

15 grade below major. The members of a selection 

16 board shall include at least one member serving on 

17 sustained duty and at least one member in a Space 

18 Force active status who is not serving on sustained 

19 duty. The ratio of the members of a selection board 

20 serving on sustained duty to members serving in a 

21 Space Force active status not on sustained duty 

22 shall, to the extent practicable, reflect the ratio of 

23 officers serving in each of those statuses who are 

24 being considered for promotion by the board. The 

25 members of a selection board shall represent the di-
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1 verse population of the Space Force to the extent 

2 practicable. 

3 ‘‘(2) REPRESENTATION FROM COMPETITIVE

4 CATEGORIES.—(A) Except as provided in subpara5 graph (B), a selection board shall include at least 

6 one officer from each competitive category of officers 

7 to be considered by the board. 

8 ‘‘(B) A selection board need not include an offi9 cer from a competitive category when there are no 

10 officers of that competitive category on the Space 

11 Force officer list in a grade higher than the grade 

12 of the officers to be considered by the board and eli13 gible to serve on the board. 

14 ‘‘(3) RETIRED OFFICERS.—If qualified officers 

15 on the Space Force officer list are not available in 

16 sufficient number to comprise a selection board, the 

17 Secretary of the Air Force shall complete the mem18 bership of the board by appointing as members of 

19 the board— 

20 ‘‘(A) Space Force officers who hold a 

21 grade higher than the grade of the officers 

22 under consideration by the board and who are 

23 retired officers; and 

24 ‘‘(B) if sufficient Space Force officers are 

25 not available pursuant to subparagraph (A), Air 
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1 Force officers who hold a grade higher than the 

2 grade of the officers under consideration by the 

3 board and who are retired officers, but only if 

4 the Air Force officer to be appointed to the 

5 board has served in a space-related career field 

6 of the Air Force for sufficient time such that 

7 the Secretary of the Air Force determines that 

8 the retired Air Force officer has adequate 

9 knowledge concerning the standards of perform10 ance and conduct required of an officer of the 

11 Space Force. 

12 ‘‘(4) EXCLUSION OF RETIRED GENERAL OFFI13 CERS ON ACTIVE DUTY TO SERVE ON A BOARD FROM

14 NUMERIC GENERAL OFFICER ACTIVE-DUTY LIMITA15 TIONS.—A retired general officer who is on active 

16 duty for the purpose of serving on a selection board 

17 shall not, while so serving, be counted against any 

18 limitation on the number of general and flag officers 

19 who may be on active duty. 

20 ‘‘(b) LIMITATION ON MEMBERSHIP ON CONSECUTIVE

21 BOARDS.— 

22 ‘‘(1) GENERAL RULE.—Except as provided in 

23 paragraph (2), no officer may be a member of two 

24 successive selection boards convened under section 
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1 20211 of this title for the consideration of officers 

2 of the same grade. 

3 ‘‘(2) EXCEPTION FOR GENERAL OFFICER

4 BOARDS.—Paragraph (1) does not apply with re5 spect to selection boards convened under section 

6 20211 of this title for the consideration of officers 

7 in the grade of colonel or brigadier general. 

8 ‘‘(c) JOINT QUALIFIED OFFICERS.—(1) Each selec9 tion board convened under section 20211 of this title that 

10 will consider an officer described in paragraph (2) shall 

11 include at least one officer designated by the Chairman 

12 of the Joint Chiefs of Staff who is a joint qualified officer. 

13 ‘‘(2) Paragraph (1) applies with respect to an officer 

14 who— 

15 ‘‘(A) is serving on, or has served on, the Joint 

16 Staff; or 

17 ‘‘(B) is a joint qualified officer. 

18 ‘‘(3) The Secretary of Defense may waive the require19 ment in paragraph (1) for any selection board of the Space 

20 Force. 

21 ‘‘§ 20213. Notice of convening of selection boards 

22 ‘‘(a) NOTICE TO ELIGIBLE OFFICERS.—At least 30 

23 days before a selection board is convened under section 

24 20211 of this title to recommend officers in a grade for 
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1 promotion to the next higher grade, the Secretary of the 

2 Air Force shall— 

3 ‘‘(1) notify in writing the officers eligible for 

4 consideration for promotion of the date on which the 

5 board is to convene and the name and date of rank 

6 of the junior officer, and of the senior officer, in the 

7 promotion zone as of the date of the notification; or 

8 ‘‘(2) issue a general written notice to the Space 

9 Force regarding the convening of the board which 

10 shall include the convening date of the board and 

11 the name and date of rank of the junior officer, and 

12 of the senior officer, in the promotion zone as of the 

13 date of the notification. 

14 ‘‘(b) COMMUNICATION FROM OFFICERS.—An officer 

15 eligible for consideration by a selection board convened 

16 under section 20211 of this title (other than an officer 

17 who has been excluded under section 20231(d) of this title 

18 from consideration by the board) may send a written com19 munication to the board, to arrive not later than 10 cal20 endar days before the date on which the board convenes, 

21 calling attention to any matter concerning the officer that 

22 the officer considers important to the officer’s case. The 

23 selection board shall give consideration to any timely com24 munication under this subsection. 
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1 ‘‘(c) NOTICE OF INTENT OF CERTAIN OFFICERS TO

2 SERVE ON OR OFF ACTIVE DUTY.—An officer on the 

3 Space Force officer list in the grade of colonel or brigadier 

4 general who receives a notice under subsection (a) shall 

5 inform the Secretary of the officer’s preference to serve 

6 either on or off active duty if promoted to the grade of 

7 brigadier general or major general, respectively. 

8 ‘‘§ 20214. Information furnished to selection boards 

9 ‘‘The provisions of section 615 of this title shall apply 

10 to information furnished to selection boards. 

11 ‘‘§ 20215. Recommendations for promotion by selec12 tion boards 

13 ‘‘The provisions of section 616 of this title shall apply 

14 to recommendations for promotion by selection boards. 

15 ‘‘§ 20216. Reports of selection boards 

16 ‘‘The provisions of section 617 of this title shall apply 

17 to reports of selection boards. 

18 ‘‘§ 20217. Action on reports of selection boards for 

19 promotion to brigadier general or major 

20 general 

21 ‘‘The provisions of section 618 of this title shall apply 

22 to action on reports of selection boards. 

23 ‘‘SUBCHAPTER III—PROMOTIONS 

‘‘Sec. 

‘‘20231. Eligibility for consideration for promotion: time-in-grade and other requirements. 
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‘‘20232. Eligibility for consideration for promotion: designation as joint qualified 

officer required before promotion to brigadier general; exceptions. 

‘‘20233. Opportunities for consideration for promotion. 

‘‘20234. Space Force officer list. 

‘‘20235. Competitive categories. 

‘‘20236. Numbers to be recommended for promotion. 

‘‘20237. Establishment of promotion zones. 

‘‘20238. Promotions: how made; authorized delay of promotions. 

1 ‘‘§ 20231. Eligibility for consideration for promotion: 

2 time-in-grade and other requirements 

3 ‘‘(a) TIME-IN-GRADE REQUIREMENTS.—(1) An offi4 cer who is in a Space Force active status on the Space 

5 Force officer list and holds a permanent appointment in 

6 the grade of second lieutenant or first lieutenant may not 

7 be promoted to the next higher permanent grade until the 

8 officer has completed the following period of service in the 

9 grade in which the officer holds a permanent appointment: 

10 ‘‘(A) Eighteen months, in the case of an officer 

11 holding a permanent appointment in the grade of 

12 second lieutenant. 

13 ‘‘(B) Two years, in the case of an officer hold14 ing a permanent appointment in the grade of first 

15 lieutenant. 

16 ‘‘(2) Subject to paragraph (5), an officer who is in 

17 a Space Force active status on the Space Force officer 

18 list and holds a permanent appointment in a grade above 

19 first lieutenant may not be considered for selection for 

20 promotion to the next higher permanent grade until the 
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1 officer has completed the following period of service in the 

2 grade in which the officer holds a permanent appointment: 

3 ‘‘(A) Three years, in the case of an officer hold4 ing a permanent appointment in the grade of cap5 tain, major, or lieutenant colonel. 

6 ‘‘(B) One year, in the case of an officer holding 

7 a permanent appointment in the grade of colonel or 

8 brigadier general. 

9 ‘‘(3) When the needs of the service require, the Sec10 retary of the Air Force may prescribe a longer period of 

11 service in grade for eligibility for promotion, in the case 

12 of officers to whom paragraph (1) applies, or for eligibility 

13 for consideration for promotion, in the case of officers to 

14 whom paragraph (2) applies. 

15 ‘‘(4) When the needs of the service require, the Sec16 retary of the Air Force may prescribe a shorter period of 

17 service in grade, but not less than two years, for eligibility 

18 for consideration for promotion, in the case of officers des19 ignated for limited duty to whom paragraph (2) applies. 

20 ‘‘(5) The Secretary of the Air Force may waive para21 graph (2) to the extent necessary to assure that officers 

22 described in subparagraph (A) of such paragraph have at 

23 least two opportunities for consideration for promotion to 

24 the next higher grade as officers below the promotion 

25 zone. 
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1 ‘‘(6) In computing service in grade for purposes of 

2 this section, service in a grade held as a result of assign3 ment to a position is counted as service in the grade in 

4 which the officer would have served except for such assign5 ment or appointment. 

6 ‘‘(b) CONTINUED ELIGIBILITY FOR CONSIDERATION

7 FOR PROMOTION OF OFFICERS WHO HAVE PREVIOUSLY

8 FAILED OF SELECTION.—(1) Except as provided in para9 graph (2), an officer who has failed of selection for pro10 motion to the next higher grade remains eligible for con11 sideration for promotion to that grade as long as the offi12 cer continues on active duty in other than a retired status 

13 and is not promoted. 

14 ‘‘(2) Paragraph (1) does not apply to an officer on 

15 active status who is ineligible for consideration for pro16 motion under section 631(c) of this title for the second 

17 time. 

18 ‘‘(c) OFFICERS TO BE CONSIDERED BY PROMOTION

19 BOARDS.—(1) Each time a selection board is convened 

20 under section 20211 of this title for consideration of offi21 cers in a competitive category for promotion to the next 

22 higher grade, each officer in the promotion zone (except 

23 as provided under paragraph (2)), and each officer above 

24 the promotion zone, for the grade and competitive cat-
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1 egory under consideration shall be considered for pro2 motion. 

3 ‘‘(2) The Secretary of the Air Force— 

4 ‘‘(A) may, in accordance with standards and 

5 procedures prescribed by the Secretary of Defense in 

6 regulations which shall apply uniformly among the 

7 military departments, limit the officers to be consid8 ered by a selection board from below the promotion 

9 zone to those officers who are determined to be ex10 ceptionally well qualified for promotion; 

11 ‘‘(B) may, by regulation, prescribe a period of 

12 time, not to exceed one year, from the time an offi13 cer on the Space Force officer list transfers on or 

14 off of sustained duty during which the officer shall 

15 be ineligible for consideration for promotion; and 

16 ‘‘(C) may, by regulation, preclude from consid17 eration by a selection board by which the officer 

18 would otherwise be eligible to be considered, an offi19 cer who has an established separation date that is 

20 within 90 days after the date on which the board is 

21 to be convened. 

22 ‘‘(3)(A) The Secretary of Defense may authorize the 

23 Secretary of the Air Force to preclude from consideration 

24 by selection boards for promotion to the grade of brigadier 

25 general, officers in the grade of colonel who— 
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1 ‘‘(i) have been considered and not selected for 

2 promotion to the grade of brigadier general or by at 

3 least two selection boards; and 

4 ‘‘(ii) are determined, in accordance with stand5 ards and procedures prescribed pursuant to subpara6 graph (B), as not being exceptionally well qualified 

7 for promotion. 

8 ‘‘(B) If the Secretary of Defense authorizes the Sec9 retary of the Air Force to have the authority described 

10 in subparagraph (A), the Secretary shall prescribe by reg11 ulation the standards and procedures for the exercise of 

12 such authority. Those regulations shall apply uniformly 

13 among the military departments and shall include the fol14 lowing provisions: 

15 ‘‘(i) A requirement that the Secretary of the Air 

16 Force may exercise such authority in the case of a 

17 particular selection board only if the Secretary of 

18 Defense approves the exercise of that authority for 

19 that board. 

20 ‘‘(ii) A requirement that an officer may be pre21 cluded from consideration by a selection board under 

22 this paragraph only upon the recommendation of a 

23 preselection board of officers convened by the Sec24 retary of the military department concerned and 

25 composed of at least three officers all of whom are 
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1 serving in a grade higher than the grade of such of2 ficer. 

3 ‘‘(iii) A requirement that such a preselection 

4 board may not recommend that an officer be pre5 cluded from such consideration unless the Secretary 

6 of the Air Force has given the officer advance writ7 ten notice of the convening of such board and of the 

8 military records that will be considered by the board 

9 and has given the officer a reasonable period before 

10 the convening of the board in which to submit com11 ments to the board. 

12 ‘‘(iv) A requirement that the Secretary of the 

13 Air Force shall provide general guidance to the 

14 board in accordance with standards and procedures 

15 prescribed by the Secretary of Defense in those reg16 ulations. 

17 ‘‘(v) A requirement that the preselection board 

18 may recommend that an officer be precluded from 

19 consideration by a selection board only on the basis 

20 of the general guidance provided by the Secretary 

21 Air Force, information in the officer’s official mili22 tary personnel records that has been described in the 

23 notice provided the officer as required pursuant to 

24 clause (iii), and any communication to the board re25 ceived from that officer before the board convenes. 
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1 ‘‘(d) CERTAIN OFFICERS NOT TO BE CONSID2 ERED.—A selection board convened under section 20211 

3 of this title may not consider for promotion to the next 

4 higher grade any of the following officers: 

5 ‘‘(1) An officer whose name is on a promotion 

6 list for that grade as a result of the officer’s selec7 tion for promotion to that grade by an earlier selec8 tion board convened under that section. 

9 ‘‘(2) An officer who is recommended for pro10 motion to that grade in the report of an earlier se11 lection board convened under that section, in the 

12 case of such a report that has not yet been approved 

13 by the President. 

14 ‘‘(3) An officer in the grade of first lieutenant 

15 who is on an approved all-fully-qualified-officers list 

16 under section 20238(a)(4) of this title. 

17 ‘‘(4) An officer in the grade of captain who is 

18 not a citizen of the United States. 

19 ‘‘(5) An officer excluded under subsection (e). 

20 ‘‘(e) AUTHORITY TO ALLOW OFFICERS TO OPT OUT

21 OF SELECTION BOARD CONSIDERATION.—(1) The Sec22 retary of the Air Force may provide that an officer on 

23 the Space Force officer list may, upon the officer’s request 

24 and with the approval of the Secretary, be excluded from 

25 consideration by a selection board convened under section 
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1 20211 of this title to consider officers for promotion to 

2 the next higher grade. 

3 ‘‘(2) The Secretary of the Air Force may only ap4 prove a request under paragraph (1) if— 

5 ‘‘(A)(i) the basis for the request is to allow an 

6 officer to complete a broadening assignment, ad7 vanced education, another assignment of significant 

8 value to the Department, a career progression re9 quirement delayed by the assignment or education; 

10 ‘‘(ii) the Secretary determines the exclusion 

11 from consideration is in the best interest of the 

12 Space Force; and 

13 ‘‘(iii) the officer has not previously failed of se14 lection for promotion to the grade for which the offi15 cer requests the exclusion from consideration; or 

16 ‘‘(B)(i) the officer is serving in a critical skill 

17 position that cannot be filled by another Space 

18 Force officer serving in the same grade; 

19 ‘‘(ii) the Secretary determines that it is in the 

20 best interests of the Space Force for the officer to 

21 continue to serve in their current position and grade; 

22 and 

23 ‘‘(iii) the officer has not previously opted out of 

24 a promotion board under this authority. 
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1 ‘‘§ 20232. Eligibility for consideration for promotion: 

2 designation as joint qualified officer re3 quired before promotion to brigadier 

4 general; exceptions 

5 ‘‘The provisions of section 619a of this title shall 

6 apply to officers of the Space Force. 

7 ‘‘§ 20233. Opportunities for consideration for pro8 motion 

9 ‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNI10 TIES FOR CONSIDERATION FOR PROMOTION.—Under reg11 ulations prescribed by the Secretary of Defense, the Sec12 retary of the Air Force shall specify the number of oppor13 tunities for consideration for promotion to be afforded to 

14 Space Force officers for promotion to each grade above 

15 the grade of captain. 

16 ‘‘(b) LIMITATION ON NUMBER OF OPPORTUNITIES

17 THAT MAY BE SPECIFIED.—The number of opportunities 

18 for consideration for promotion to be afforded officers of 

19 the Space Force for promotion to a particular grade may 

20 not exceed five. 

21 ‘‘(c) LIMITED AUTHORITY OF SECRETARY OF THE

22 AIR FORCE TO MODIFY NUMBER OF OPPORTUNITIES.— 

23 The Secretary of the Air Force may change the number 

24 of opportunities for consideration for promotion to a par25 ticular grade not more frequently than once every five 

26 years. 
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1 ‘‘(d) AUTHORITY OF SECRETARY OF DEFENSE TO

2 MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of 

3 Defense may modify the number of opportunities for con4 sideration for promotion to be afforded officers of the 

5 Space Force for promotion to a particular grade. 

6 ‘‘§ 20234. Space Force officer list 

7 ‘‘(a) SINGLE LIST.—The Secretary of the Air Force 

8 shall maintain a single list of all Space Force officers serv9 ing in a Space Force active status. The list shall be known 

10 as the Space Force officer list. 

11 ‘‘(b) ORDER OF OFFICERS ON LIST.—Officers shall 

12 be carried on the Space Force officer list in the order of 

13 seniority of the grade in which they are serving. Officers 

14 serving in the same grade shall be carried in the order 

15 of their rank in that grade. 

16 ‘‘(c) EFFECT OF SERVICE IN A TEMPORARY AP17 POINTMENT.—An officer whose position on the Space 

18 Force officer list results from service under a temporary 

19 appointment or in a grade held by reason of assignment 

20 to a position has, when that appointment or assignment 

21 ends, the grade and position on the Space Force officer 

22 list that the officer would have held if the officer had not 

23 received that appointment or assignment. 
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1 ‘‘§ 20235. Competitive categories 

2 ‘‘(a) REQUIREMENT TO ESTABLISH COMPETITIVE

3 CATEGORIES FOR PROMOTION.—Under regulations pre4 scribed by the Secretary of Defense, the Secretary of the 

5 Air Force shall establish at least one competitive category 

6 for promotion for officers on the Space Force officer list. 

7 Each officer whose name appears on the Space Force offi8 cer list shall be carried in a competitive category of offi9 cers. Officers in the same competitive category shall com10 pete among themselves for promotion. 

11 ‘‘(b) SINGLE COMPETITIVE CATEGORY FOR PRO12 MOTION TO GENERAL OFFICER GRADES.—The Secretary 

13 of the Air Force shall establish a single competitive cat14 egory for all officers on the Space Force officer list who 

15 will be considered by a selection board convened under sec16 tion 20211 of this title for promotion to the grade of brig17 adier general or major general. 

18 ‘‘§ 20236. Numbers to be recommended for promotion 

19 ‘‘(a) PROMOTION TO GRADES BELOW BRIGADIER

20 GENERAL.—(1) Before convening a selection board under 

21 section 20211 of this title to consider officers for rec22 ommendation for promotion to a grade below brigadier 

23 general and in any competitive category, the Secretary of 

24 the Air Force shall determine— 

25 ‘‘(A) the number of positions needed to accom26 plish mission objectives which require officers of that 
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1 competitive category in the grade to which the board 

2 will recommend officers for promotion; 

3 ‘‘(B) the estimated number of officers needed to 

4 fill vacancies in those positions during the period in 

5 which it is anticipated that officers selected for pro6 motion will be promoted; and 

7 ‘‘(C) the number of officers in a Space Force 

8 active status authorized by the Secretary of the Air 

9 Force to serve both on sustained duty and not on 

10 sustained duty in the grade and competitive category 

11 under consideration. 

12 ‘‘(2) Based on the determinations under paragraph 

13 (1), the Secretary of the Air Force shall determine the 

14 maximum number of officers in that competitive category 

15 which the selection board may recommend for promotion. 

16 ‘‘(b) PROMOTION TO BRIGADIER GENERAL AND

17 MAJOR GENERAL.—(1) Before convening a selection 

18 board under section 20211 of this title to consider officers 

19 for recommendation for promotion to the grade of briga20 dier general or major general, the Secretary of the Air 

21 Force shall determine— 

22 ‘‘(A) the number of positions needed to accom23 plish mission objectives which require officers serv24 ing in a Space Force active status on sustained 

25 duty, and in a Space Force active status not on sus-
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1 tained duty, in the grade to which the board will rec2 ommend officers for promotion; and 

3 ‘‘(B) the estimated number of officers on sus4 tained duty and not on sustained duty needed to fill 

5 vacancies in those positions over the 24-month pe6 riod beginning on the date on which the selection 

7 board convenes. 

8 ‘‘(2) Based on the determinations under paragraph 

9 (1), the Secretary of the Air Force shall determine the 

10 maximum number of officers serving in a Space Force ac11 tive status on sustained duty, and the maximum number 

12 of officers serving in a Space Force active status not on 

13 sustained duty, which the selection board may recommend 

14 for promotion. 

15 ‘‘§ 20237. Establishment of promotion zones 

16 ‘‘(a) IN GENERAL.—Before convening a selection 

17 board under section 20211 of this title to consider officers 

18 for promotion to any grade above first lieutenant or lieu19 tenant (junior grade), the Secretary of the Air Force shall 

20 establish a promotion zone for officers serving in each 

21 grade and competitive category to be considered by the 

22 board. 

23 ‘‘(b) DETERMINATION OF NUMBER.—The Secretary 

24 of the Air Force shall determine the number of officers 

25 in the promotion zone for officers serving in any grade 
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1 and competitive category from among officers who are eli2 gible for promotion in that grade and competitive cat3 egory. Such determination shall be made on the basis of 

4 an estimate of— 

5 ‘‘(1) the number of officers needed in that com6 petitive category in the next higher grade in each of 

7 the next five years; 

8 ‘‘(2) the number of officers to be serving in that 

9 competitive category in the next higher grade in 

10 each of the next five years; 

11 ‘‘(3) in the case of a promotion zone for officers 

12 to be promoted to a grade to which section 523 of 

13 this title is applicable, the number of officers author14 ized for such grade under such section to be on ac15 tive duty on the last day of each of the next five fis16 cal years; and 

17 ‘‘(4) the number of officers that should be 

18 placed in that promotion zone in each of the next 

19 five years to provide to officers in those years rel20 atively similar opportunity for promotion. 

21 ‘‘§ 20238. Promotions: how made; authorized delay of 

22 promotions 

23 ‘‘(a) PROCEDURE FOR PROMOTION OF OFFICERS ON

24 AN APPROVED PROMOTION LIST.— 
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1 ‘‘(1) PLACEMENT OF NAMES ON PROMOTION

2 LIST.—When the report of a selection board con3 vened under section 20211 of this title is approved 

4 by the President, the Secretary of the Air Force 

5 shall place the names of all officers approved for 

6 promotion within a competitive category on a single 

7 list for that competitive category, to be known as a 

8 promotion list, in the order of the seniority of such 

9 officers on the list or based on particular merit, as 

10 determined by the promotion board. A promotion list 

11 is considered to be established under this section as 

12 of the date of the approval of the report of the selec13 tion board under the preceding sentence. 

14 ‘‘(2) ORDER AND TIMING OF PROMOTIONS.— 

15 Except as provided in subsection (d), officers on a 

16 promotion list for a competitive category shall be 

17 promoted to the next higher grade when additional 

18 officers in that grade and competitive category are 

19 needed. Promotions shall be made in the order in 

20 which the names of officers appear on the promotion 

21 list and after officers previously selected for pro22 motion in that competitive category have been pro23 moted. Officers to be promoted to the grade of first 

24 lieutenant shall be promoted in accordance with reg-
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1 ulations prescribed by the Secretary of the Air 

2 Force. 

3 ‘‘(3) LIMITATION ON PROMOTIONS TO GENERAL

4 OFFICER GRADES TO COMPLY WITH STRENGTH LIMI5 TATIONS.—Under regulations prescribed by the Sec6 retary of Defense, the promotion of an officer on the 

7 Space Force officer list to a general officer grade 

8 shall be delayed if that promotion would cause any 

9 strength limitation of section 526 of this title to be 

10 exceeded. The delay shall expire when the Secretary 

11 of the Air Force determines that the delay is no 

12 longer required to ensure compliance with the 

13 strength limitation. 

14 ‘‘(4) PROMOTION OF FIRST LIEUTENANTS ON

15 AN ALL-FULLY-QUALIFIED OFFICERS LIST.—(A) Ex16 cept as provided in subsection (d), officers on the 

17 Space Force officer list in the grade of first lieuten18 ant who are on an approved all-fully-qualified-offi19 cers list shall be promoted to the grade of captain 

20 in accordance with regulations prescribed by the 

21 Secretary of the Air Force. 

22 ‘‘(B) An all-fully-qualified-officers list shall be 

23 considered to be approved for purposes of subpara24 graph (A) when the list is approved by the Presi25 dent. When so approved, such a list shall be treated 
1223 

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1 in the same manner as a promotion list under this 

2 chapter. 

3 ‘‘(C) The Secretary of the Air Force may make 

4 a recommendation to the President for approval of 

5 an all-fully-qualified-officers list only when the Sec6 retary determines that all officers on the list are 

7 needed in the next higher grade to accomplish mis8 sion objectives. 

9 ‘‘(D) For purposes of this paragraph, an all10 fully-qualified-officers list is a list of all officers on 

11 the Space Force officers list in a grade who the Sec12 retary of the Air Force determines— 

13 ‘‘(i) are fully qualified for promotion to the 

14 next higher grade; and 

15 ‘‘(ii) would be eligible for consideration for 

16 promotion to the next higher grade by a selec17 tion board convened under section 20211 of this 

18 title upon the convening of such a board. 

19 ‘‘(E) If the Secretary of the Air Force deter20 mines that one or more officers or former officers 

21 were not placed on an all-fully-qualified-list under 

22 this paragraph because of administrative error, the 

23 Secretary may prepare a supplemental all-fully-quali24 fied-officers list containing the names of any such 
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†S 2226 ES

1 officers for approval in accordance with this para2 graph. 

3 ‘‘(b) DATE OF RANK.—The date of rank of an officer 

4 appointed to a higher grade under this section is deter5 mined under section 741(d) of this title. 

6 ‘‘(c) APPOINTMENT AUTHORITY.—Appointments 

7 under this section shall be made by the President, by and 

8 with the advice and consent of the Senate, except that ap9 pointments under this section in the grade of first lieuten10 ant or captain shall be made by the President alone. 

11 ‘‘(d) AUTHORITY TO DELAY APPOINTMENTS FOR

12 SPECIFIED REASONS.—The provisions of subsection (d) of 

13 section 624 of this title shall apply to the appointment 

14 of an officer under this section in the same manner as 

15 they apply to an appointment of an officer under that sec16 tion, and any reference in that subsection to an active17 duty list shall be treated for purposes of applicability to 

18 an officer of the Space Force as referring to the Space 

19 Force officer list. 

20 ‘‘SUBCHAPTER IV—PERSONS NOT CONSIDERED 

21 FOR PROMOTION AND OTHER PROMOTION22 RELATED PROVISIONS 

‘‘Sec. 

‘‘20241. Persons not considered for promotion and other promotion-related provisions. 
1225 

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1 ‘‘§ 20241. Persons not considered for promotion and 

2 other promotion-related provisions 

3 ‘‘Subchapter III of chapter 36 of this title shall apply 

4 to officers of the Space Force. 

5 ‘‘SUBCHAPTER V—APPLICABILITY OF OTHER 

6 LAWS 

‘‘Sec. 

‘‘20251. Applicability of certain DOPMA officer personnel policy provisions. 

7 ‘‘§ 20251. Applicability of certain DOPMA officer per8 sonnel policy provisions 

9 ‘‘Except as otherwise modified or provided for in this 

10 chapter, the following provisions of chapter 36 of this title 

11 (relating to promotion, separation, and involuntary retire12 ment of officers on the active-duty list) shall apply to 

13 Space Force officers and officer promotions: 

14 ‘‘(1) Subchapter I (relating to selection boards). 

15 ‘‘(2) Subchapter II (relating to promotions). 

16 ‘‘(3) Subchapter III (relating to failure of selec17 tion for promotion and retirement for years of serv18 ice). 

19 ‘‘(4) Subchapter IV (relating to continuation on 

20 active duty and selective early retirement). 

21 ‘‘(5) Subchapter V (additional provisions relat22 ing to promotion, separation, and retirement). 
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1 ‘‘(6) Subchapter VI (relating to alternative pro2 motion authority for officers in designated competi3 tive categories).’’. 

4 (d) TEMPORARY (‘‘BREVET’’) PROMOTIONS FOR OF5 FICERS WITH CRITICAL SKILLS.—Section 605 of title 10, 

6 United States Code, is amended as follows: 

7 (1) COVERAGE OF SPACE FORCE OFFICERS.— 

8 Subsections (a), (b)(2)(A), (f)(1), and (f)(2) are 

9 amended by striking ‘‘or Marine Corps,’’ each place 

10 it appears and inserting ‘‘Marine Corps, or Space 

11 Force,’’. 

12 (2) DISAGGREGATION OF AIR FORCE MAXIMUM

13 NUMBERS.—Subsection (g) is amended— 

14 (A) by redesignating paragraphs (3) and 

15 (4) as paragraphs (4) and (5), respectively; and 

16 (B) by striking paragraph (2) and insert17 ing the following new paragraphs (2) and (3): 

18 ‘‘(2) In the case of the Air Force— 

19 ‘‘(A) as captain, 95; 

20 ‘‘(B) as major, 305; 

21 ‘‘(C) as lieutenant colonel, 165; and 

22 ‘‘(D) as colonel, 75. 

23 ‘‘(3) In the case of the Space Force— 

24 ‘‘(A) as captain, 5; 

25 ‘‘(B) as major, 20; 
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1 ‘‘(C) as lieutenant colonel, 10; and 

2 ‘‘(D) as colonel, 5.’’. 

3 SEC. 1817. ENLISTED MEMBERS. 

4 (a) IN GENERAL.—Subtitle F of title 10, United 

5 States Code, as amended by section 1716, is further 

6 amended by adding at the end the following new chapter: 

7 ‘‘CHAPTER 2007—ENLISTED MEMBERS 

‘‘Sec. 

‘‘20301. Original enlistments: qualifications; grade. 

‘‘20302. Enlisted members: term of enlistment. 

‘‘20303. Reference to chapter 31. 

8 ‘‘§ 20301. Original enlistments: qualifications; grade 

9 ‘‘(a) ORIGINAL ENLISTMENTS.— 

10 ‘‘(1) AUTHORITY TO ACCEPT.—The Secretary 

11 of the Air Force may accept original enlistments in 

12 the Space Force of qualified, effective, and able-bod13 ied persons. 

14 ‘‘(2) AGE.—A person accepted for original en15 listment shall be not less than seventeen years of 

16 age. However, no person under eighteen years of age 

17 may be originally enlisted without the written con18 sent of the person’s parent or guardian, if the per19 son has a parent or guardian entitled to the person’s 

20 custody and control. 

21 ‘‘(b) GRADE.—A person is enlisted in the Space 

22 Force in the grade prescribed by the Secretary of the Air 

23 Force. 
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1 ‘‘§ 20302. Enlisted members: term of enlistment 

2 ‘‘(a) TERM OF ORIGINAL ENLISTMENTS.—The Sec3 retary of the Air Force may accept original enlistments 

4 of persons for the duration of their minority or for a pe5 riod of at least two but not more than eight years in the 

6 Space Force. 

7 ‘‘(b) TERM OF REENLISTMENTS.—The Secretary of 

8 the Air Force may accept a reenlistment in the Space 

9 Force for a period determined in accordance with para10 graphs (2), (3), and (4) of section 505(d) of this title. 

11 ‘‘§ 20303. Reference to chapter 31 

12 ‘‘For other provisions of this title applicable to enlist13 ments in the Space Force, see chapter 31 of this title.’’. 

14 (b) AMENDMENTS TO TITLE 10 CHAPTER RELATING

15 TO ENLISTMENTS.—Chapter 31 of such title is amended 

16 as follows: 

17 (1) RECRUITING CAMPAIGNS.—Section 503(a) 

18 is amended by striking ‘‘and Regular Coast Guard’’ 

19 and inserting ‘‘Regular Coast Guard, and the Space 

20 Force’’. 

21 (2) QUALIFICATIONS, TERM, GRADE.—Section 

22 505 is amended— 

23 (A) by striking ‘‘Regular Space Force,’’ 

24 each place it appears; and 

25 (B) by adding at the end the following new 

26 subsection: 
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†S 2226 ES

1 ‘‘(e) For enlistments in the Space Force, see sections 

2 20301 and 20302 of this title.’’. 

3 (3) EXTENSION OF ENLISTMENTS DURING

4 WAR.—Section 506 is amended by striking ‘‘Reg5 ular’’ before ‘‘Space Force’’. 

6 (4) REENLISTMENT.—Section 508 is amended 

7 striking ‘‘Regular’’ before ‘‘Space Force’’ both places 

8 it appears. 

9 (5) ENLISTMENT INCENTIVES FOR PURSUIT OF

10 SKILLS TO FACILITATE NATIONAL SERVICE.—Sec11 tion 510(c) is amended— 

12 (A) in paragraph (2), by inserting ‘‘or the 

13 Space Force’’ after ‘‘Selected Reserve’’; and 

14 (B) in paragraph (3)— 

15 (i) by redesignating subparagraphs 

16 (D) and (E) as subparagraphs (E) and 

17 (F), respectively; 

18 (ii) by inserting after subparagraph 

19 (C) the following new subparagraph (D): 

20 ‘‘(D) in the Space Force;’’; and 

21 (iii) in subparagraph (F), as so redes22 ignated, by striking ‘‘subparagraphs (A) 

23 through (D)’’ and inserting ‘‘subpara24 graphs (A) through (E)’’. 
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1 (6) COLLEGE FIRST PROGRAM.—Section 

2 511(b)(1)(A) is amended by inserting ‘‘or as a mem3 ber of the Space Force,’’ after ‘‘reserve compo4 nent,’’. 

5 (7) DELAYED ENTRY PROGRAM.—Section 

6 513(a) is amended— 

7 (A) by inserting, ‘‘, or who is qualified 

8 under section 20301 of this title and applicable 

9 regulations for enlistment in the Space Force,’’ 

10 after ‘‘armed force’’; and 

11 (B) by inserting ‘‘, or be enlisted as a 

12 member of the Space Force,’’ after ‘‘Coast 

13 Guard Reserve’’. 

14 (8) EFFECT UPON ENLISTED STATUS OF AC15 CEPTANCE OF APPOINTMENT AS CADET OR MID16 SHIPMAN.—Section 516(b) is amended by inserting 

17 ‘‘or in the Space Force,’’ after ‘‘armed force’’. 

18 SEC. 1818. RETENTION AND SEPARATION GENERALLY. 

19 (a) IN GENERAL.—Subtitle F of title 10, United 

20 States Code, as amended by section 1717, is further 

21 amended by adding at the end the following new chapter: 

22 ‘‘CHAPTER 2009—RETENTION AND 

23 SEPARATION GENERALLY 

‘‘Sec. 

‘‘20401. Applicability of certain provisions of law related to separation. 

‘‘20402. Enlisted members: standards and qualifications for retention. 

‘‘20403. Officers: standards and qualifications for retention. 
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‘‘20404. Selection of officers for early retirement or discharge. 

‘‘20405. Force shaping authority. 

1 ‘‘§ 20401. Applicability of certain provisions of law re2 lated to separation 

3 ‘‘(a) OFFICER SEPARATION.—Except as specified in 

4 this section or otherwise modified in this chapter, the pro5 visions of chapter 59 of this title applicable to officers of 

6 a regular component shall apply to officers of the Space 

7 Force. 

8 ‘‘(b) ENLISTED MEMBER SEPARATION.—Except as 

9 specified in this section or otherwise modified in this chap10 ter, the provisions of chapter 59 of this title applicable 

11 to enlisted members of a regular component shall apply 

12 to enlisted members of the Space Force. 

13 ‘‘(c) SEPARATION PAY UPON INVOLUNTARY DIS14 CHARGE OR RELEASE FROM ACTIVE DUTY.—The provi15 sions of section 1174 of this title— 

16 ‘‘(1) pertaining to a regular officer shall apply 

17 to a Space Force officer serving on sustained duty; 

18 ‘‘(2) pertaining to a regular enlisted member 

19 shall apply to an enlisted member of the Space 

20 Force serving on sustained duty; and 

21 ‘‘(3) pertaining to other members shall apply to 

22 members of the Space Force not serving on sus23 tained duty. 
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1 ‘‘(d) VOLUNTARY SEPARATION INCENTIVE.—The 

2 provisions of section 1175 of this title pertaining to a vol3 untary appointment, enlistment, or transfer to a reserve 

4 component shall apply to the voluntary release from active 

5 duty of a member of the Space Force on sustained duty. 

6 ‘‘(e) VOLUNTARY SEPARATION PAY AND BENE7 FITS.—The provisions of section 1176 of this title— 

8 ‘‘(1) pertaining to a regular enlisted member 

9 shall apply to an enlisted member of the Space 

10 Force serving on sustained duty; and 

11 ‘‘(2) pertaining to a reserve enlisted member 

12 serving in an active status shall apply to an enlisted 

13 member of the Space Force serving in a Space Force 

14 active status or on sustained duty. 

15 ‘‘§ 20402. Enlisted members: standards and qualifica16 tions for retention 

17 ‘‘(a) STANDARDS AND QUALIFICATIONS FOR RETEN18 TION.—Subject to such limitations as the Secretary of De19 fense may prescribe, the Secretary of the Air Force shall, 

20 by regulation, prescribe— 

21 ‘‘(1) standards and qualifications for the reten22 tion of enlisted members of the Space Force; and 

23 ‘‘(2) equitable procedures for the periodic deter24 mination of the compliance of each such member 

25 with those standards and qualifications. 
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1 ‘‘(b) EFFECT OF FAILURE TO COMPLY WITH STAND2 ARDS AND QUALIFICATIONS.—If an enlisted member serv3 ing in Space Force active status fails to comply with the 

4 standards and qualifications prescribed under subsection 

5 (a), the member shall— 

6 ‘‘(1) if qualified, be transferred to Space Force 

7 inactive status; 

8 ‘‘(2) if qualified, be retired in accordance with 

9 section 20603 of this title; or 

10 ‘‘(3) have the member’s enlistment terminated. 

11 ‘‘§ 20403. Officers: standards and qualifications for re12 tention 

13 ‘‘(a) STANDARDS AND QUALIFICATIONS.—To be re14 tained in an active status, a Space Force officer must— 

15 ‘‘(1) in any applicable yearly period, attain the 

16 number of points specified under section 

17 12732(a)(2) of this title; and 

18 ‘‘(2) conform to such other standards and 

19 qualifications as the Secretary may prescribe for of20 ficers of the Space Force. 

21 ‘‘(b) RESULT OF FAILURE TO COMPLY.—A Space 

22 Force officer who fails to attain the number of points pre23 scribed under subsection (a)(1), or to conform to the 

24 standards and qualifications prescribed under subsection 
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†S 2226 ES

1 (a)(2), may be referred to a board convened under section 

2 20501(a) of this title. 

3 ‘‘§ 20404. Selection of officers for early retirement or 

4 discharge 

5 ‘‘(a) CONSIDERATION FOR EARLY RETIREMENT.— 

6 The Secretary of the Air Force may convene selection 

7 boards under section 20211(b) of this title to consider for 

8 early retirement officers on the Space Force officer list 

9 as follows: 

10 ‘‘(1) Officers in the grade of lieutenant colonel 

11 who have failed of selection for promotion at least 

12 one time and whose names are not on a list of offi13 cers recommended for promotion. 

14 ‘‘(2) Officers in the grade of colonel who have 

15 served in that grade for at least two years and 

16 whose names are not on a list of officers rec17 ommended for promotion. 

18 ‘‘(3) Officers, other than those described in 

19 paragraphs (1) and (2), holding a grade below the 

20 grade of colonel— 

21 ‘‘(A) who are eligible for retirement under 

22 section 20601 of this title or who after two ad23 ditional years or less of active service would be 

24 eligible for retirement under that section; and 
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†S 2226 ES

1 ‘‘(B) whose names are not on a list of offi2 cers recommended for promotion. 

3 ‘‘(b) CONSIDERATION FOR DISCHARGE.— 

4 ‘‘(1) Subject to such limitations as the Sec5 retary of Defense may prescribe, the Secretary of 

6 the Air Force may convene selection boards under 

7 section 20211 of this title to consider for discharge 

8 officers on the Space Force officer list— 

9 ‘‘(A) who have served at least one year of 

10 active status in the grade currently held; 

11 ‘‘(B) whose names are not on a list of offi12 cers recommended for promotion; and 

13 ‘‘(C) who are not eligible to be retired 

14 under any provision of law (other than by rea15 son of eligibility pursuant to section 4403 of the 

16 National Defense Authorization Act for Fiscal 

17 Year 1993 (Public Law 102–484)) and are not 

18 within two years of becoming so eligible. 

19 ‘‘(2) An officer who is recommended for dis20 charge by a selection board convened pursuant to 

21 the authority of paragraph (1) and whose discharge 

22 is approved by the Secretary of the Air Force shall 

23 be discharged on a date specified by the Secretary. 
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†S 2226 ES

1 ‘‘(3) Selection of officers for discharge under 

2 paragraph (1) shall be based on the needs of the 

3 service. 

4 ‘‘(c) DISCHARGES AND RETIREMENTS CONSIDERED

5 TO BE INVOLUNTARY.—The discharge or retirement of an 

6 officer pursuant to this section shall be considered to be 

7 involuntary for purposes of any other provision of law. 

8 ‘‘§ 20405. Force shaping authority 

9 ‘‘(a) AUTHORITY.—The Secretary of the Air Force 

10 may, solely for the purpose of restructuring the Space 

11 Force— 

12 ‘‘(1) discharge an officer described in sub13 section (b); or 

14 ‘‘(2) involuntarily release such an officer from 

15 sustained duty. 

16 ‘‘(b) COVERED OFFICERS.—(1) The authority under 

17 this section may be exercised in the case of an officer of 

18 the Space Force serving on sustained duty who— 

19 ‘‘(A) has completed not more than six years of 

20 service as a commissioned officer in the armed 

21 forces; or 

22 ‘‘(B) has completed more than six years of serv23 ice as a commissioned officer in the armed forces, 

24 but has not completed the minimum service obliga25 tion applicable to that officer. 
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1 ‘‘(2) In this subsection, the term ‘minimum service 

2 obligation’, with respect to a member of the Space Force, 

3 means the initial period of required active duty service ap4 plicable to the member, together with any additional pe5 riod of required active duty service incurred by that mem6 ber during the member’s initial period of required active 

7 duty service. 

8 ‘‘(c) REGULATIONS.—The Secretary of the Air Force 

9 shall prescribe regulations for the exercise of the Sec10 retary’s authority under this section.’’. 

11 (b) CONFORMING AMENDMENTS.—Section 647 of 

12 title 10, United States Code, is amended— 

13 (1) in subsection (b)(1), by inserting ‘‘(other 

14 than an officer of the Space Force)’’ after ‘‘in the 

15 case of an officer’’; 

16 (2) in subsection (c), by striking ‘‘Regular Ma17 rine Corps, of Regular Space Force’’ and inserting 

18 ‘‘or Regular Marine Corps’’; and 

19 (3) by adding at the end the following new sub20 section: 

21 ‘‘(e) SPACE FORCE.—For a similar provision with re22 spect to officers of the Space Force, see section 20405 

23 of this title.’’. 
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1 SEC. 1819. SEPARATION OF OFFICERS FOR SUBSTANDARD 

2 PERFORMANCE OF DUTY OR FOR CERTAIN 

3 OTHER REASONS. 

4 Subtitle F of title 10, United States Code, as amend5 ed by section 1718, is further amended by adding at the 

6 end the following new chapter: 

7 ‘‘CHAPTER 2011—SEPARATION OF OFFI8 CERS FOR SUBSTANDARD PERFORM9 ANCE OF DUTY OR FOR CERTAIN 

10 OTHER REASONS 

‘‘Sec. 

‘‘20501. Authority to establish procedures to consider the separation of officers 

for substandard performance of duty and for certain other reasons. 

‘‘20502. Retention boards. 

‘‘20503. Removal of officer: action by secretary upon recommendation of retention board. 

‘‘20504. Rights and procedures. 

‘‘20505. Officer considered for removal: voluntary retirement or discharge. 

‘‘20506. Officers eligible to serve on retention boards. 

11 ‘‘§ 20501. Authority to establish procedures to con12 sider the separation of officers for sub13 standard performance of duty and for 

14 certain other reasons 

15 ‘‘(a) PROCEDURES FOR REVIEW OF RECORD OF OF16 FICERS RELATING TO STANDARDS OF PERFORMANCE OF

17 DUTY.—(1) The Secretary of the Air Force shall pre18 scribe, by regulation, procedures for the review at any time 

19 of the record of any commissioned officer (other than a 

20 retired officer) of the Space Force in a Space Force active 
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1 status to determine whether the officer shall be required, 

2 because of a reason stated in paragraph (2), to show cause 

3 for the officer’s retention in a Space Force active status. 

4 ‘‘(2) The reasons referred to in paragraph (1) are the 

5 following: 

6 ‘‘(A) The officer’s performance of duty has fall7 en below standards prescribed by the Secretary of 

8 Defense. 

9 ‘‘(B) The officer has failed to satisfy the stand10 ards and qualifications established under section 

11 20403 of this title by the Secretary of the Air Force. 

12 ‘‘(b) PROCEDURES FOR REVIEW OF RECORD OF OF13 FICERS RELATING TO CERTAIN OTHER REASONS.—(1) 

14 The Secretary of the Air Force shall prescribe, by regula15 tion, procedures for the review at any time of the record 

16 of any commissioned officer (other than a retired officer) 

17 of the Space Force in a Space Force active status to deter18 mine whether the officer should be required, because of 

19 a reason stated in paragraph (2), to show cause for the 

20 officer’s retention in a Space Force active status. 

21 ‘‘(2) The reasons referred to in paragraph (1) are the 

22 following: 

23 ‘‘(A) Misconduct. 

24 ‘‘(B) Moral or professional dereliction. 
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1 ‘‘(C) The officer’s retention is not clearly con2 sistent with the interests of national security. 

3 ‘‘(c) SECRETARY OF DEFENSE LIMITATIONS.—Regu4 lations prescribed by the Secretary of the Air Force under 

5 this section are subject to such limitations as the Sec6 retary of Defense may prescribe. 

7 ‘‘§ 20502. Retention boards 

8 ‘‘(a) CONVENING OF BOARDS TO CONSIDER OFFI9 CERS REQUIRED TO SHOW CAUSE.—The Secretary of the 

10 Air Force shall convene retention boards at such times 

11 and places as the Secretary may prescribe to receive evi12 dence and make findings and recommendations as to 

13 whether an officer who is required under section 20501 

14 of this title to show cause for retention in a Space Force 

15 active status should be retained in a Space Force active 

16 status. Each retention board shall be composed of not less 

17 than three officers having the qualifications prescribed by 

18 section 20506 of this title. 

19 ‘‘(b) FAIR AND IMPARTIAL HEARING.—A retention 

20 board shall give a fair and impartial hearing to each offi21 cer required under section 20501 of this title to show 

22 cause for retention in a Space Force active status. 

23 ‘‘(c) EFFECT OF BOARD DETERMINATION THAT AN

24 OFFICER HAS FAILED TO ESTABLISH THAT THE OFFI25 CER SHOULD BE RETAINED.—(1) If a retention board de-
1241 

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1 termines that the officer has failed to establish that the 

2 officer should be retained in a Space Force active status, 

3 the board shall recommend to the Secretary of the Air 

4 Force one of the following: 

5 ‘‘(A) That the officer be transferred to an inac6 tive status. 

7 ‘‘(B) That the officer, if qualified under any 

8 provision of law, be retired. 

9 ‘‘(C) That the officer be discharged from the 

10 Space Force. 

11 ‘‘(2) Under regulations prescribed by the Secretary 

12 of the Air Force, an officer as to whom a retention board 

13 makes a recommendation under paragraph (1) that the 

14 officer not be retained in a Space Force active status may 

15 be required to take leave pending the completion of the 

16 officer’s case under this chapter. The officer may be re17 quired to begin such leave at any time following the offi18 cer’s receipt of the report of the retention board, including 

19 the board’s recommendation for removal from a Space 

20 Force active status, and the expiration of any period al21 lowed for submission by the officer of a rebuttal to that 

22 report. The leave may be continued until the date on which 

23 action by the Secretary of the Air Force on the officer’s 

24 case is completed or may be terminated at any earlier 

25 time. 
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1 ‘‘(d) EFFECT OF BOARD DETERMINATION THAT AN

2 OFFICER HAS ESTABLISHED THAT THE OFFICER

3 SHOULD BE RETAINED.—(1) If a retention board deter4 mines that the officer has established that the officer 

5 should be retained in a Space Force active status, the offi6 cer’s case is closed. 

7 ‘‘(2) An officer who is required to show cause for re8 tention in a Space Force active status under subsection 

9 (a) of section 20501 of this title and who is determined 

10 under paragraph (1) to have established that the officer 

11 should be retained in a Space Force active status may not 

12 again be required to show cause for retention in a Space 

13 Force active status under such subsection within the one14 year period beginning on the date of that determination. 

15 ‘‘(3)(A) Subject to subparagraph (B), an officer who 

16 is required to show cause for retention in a Space Force 

17 active status under subsection (b) of section 20501 of this 

18 title and who is determined under paragraph (1) to have 

19 established that the officer should be retained in a Space 

20 Force active status may again be required to show cause 

21 for retention at any time. 

22 ‘‘(B) An officer who has been required to show cause 

23 for retention in a Space Force active status under sub24 section (b) of section 20501 of this title and who is there25 after retained in an active status may not again be re-
1243 

†S 2226 ES

1 quired to show cause for retention in a Space Force active 

2 status under such subsection solely because of conduct 

3 which was the subject of the previous proceedings, unless 

4 the findings or recommendations of the retention board 

5 that considered the officer’s previous case are determined 

6 to have been obtained by fraud or collusion. 

7 ‘‘(4) In the case of an officer described in paragraph 

8 (2) or paragraph (3)(A), the retention board may rec9 ommend that the officer be required to complete additional 

10 training, professional education, or such other develop11 mental programs as may be available to correct any identi12 fied deficiencies and improve the officer’s performance 

13 within the Space Force. 

14 ‘‘§ 20503. Removal of officer: action by Secretary 

15 upon recommendation of retention board 

16 ‘‘The Secretary of the Air Force may remove an offi17 cer from Space Force active status if the removal of such 

18 officer from Space Force active status is recommended by 

19 a retention board convened under section 20502 of this 

20 title. 

21 ‘‘§ 20504. Rights and procedures 

22 ‘‘(a) IN GENERAL.—Under regulations prescribed by 

23 the Secretary of the Air Force, each officer required under 

24 section 20501 of this title to show cause for retention in 

25 a Space Force active status— 
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1 ‘‘(1) shall be notified in writing, at least 30 

2 days before the hearing of the officer’s case by a re3 tention board, of the reasons for which the officer is 

4 being required to show cause for retention in a 

5 Space Force active status; 

6 ‘‘(2) shall be allowed a reasonable time, as de7 termined by the board, to prepare the officer’s show8 ing of cause for retention in a Space Force active 

9 status; 

10 ‘‘(3) shall be allowed to appear either in person 

11 or through electronic means and to be represented 

12 by counsel at proceedings before the board; and 

13 ‘‘(4) shall be allowed full access to, and shall be 

14 furnished copies of, records relevant to the officer’s 

15 case, except that the board shall withhold any record 

16 that the Secretary determines should be withheld in 

17 the interest of national security. 

18 ‘‘(b) SUMMARY OF RECORDS WITHHELD IN INTER19 EST OF NATIONAL SECURITY.—When a record is withheld 

20 under subsection (a)(4), the officer whose case is under 

21 consideration shall, to the extent that the interest of na22 tional security permits, be furnished a summary of the 

23 record so withheld. 
1245 

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1 ‘‘§ 20505. Officer considered for removal: voluntary 

2 retirement or discharge 

3 ‘‘(a) IN GENERAL.—At any time during proceedings 

4 under this chapter with respect to the removal of an offi5 cer from a Space Force active status, the Secretary of the 

6 Air Force may grant a request by the officer— 

7 ‘‘(1) for voluntary retirement, if the officer is 

8 qualified for retirement; or 

9 ‘‘(2) for discharge in accordance with sub10 section (b)(2). 

11 ‘‘(b) RETIREMENT OR DISCHARGE.—An officer re12 moved from a Space Force active status under section 

13 20503 of this title shall— 

14 ‘‘(1) if eligible for voluntary retirement under 

15 any provision of law on the date of such removal, be 

16 retired in the grade and with the retired pay for 

17 which the officer would be eligible if retired under 

18 such provision; and 

19 ‘‘(2) if ineligible for voluntary retirement under 

20 any provision of law on the date of such removal— 

21 ‘‘(A) be honorably discharged in the grade 

22 then held, in the case of an officer whose case 

23 was brought under subsection (a) of section 

24 20501 of this title; or 

25 ‘‘(B) be discharged in the grade then held, 

26 in the case of an officer whose case was brought 
1246 

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1 under subsection (b) of section 20501 of this 

2 title. 

3 ‘‘(c) SEPARATION PAY FOR DISCHARGED OFFI4 CER.—An officer who is discharged under subsection 

5 (b)(2) is entitled, if eligible therefor, to separation pay 

6 under section 1174(a)(2) of this title. 

7 ‘‘§ 20506. Officers eligible to serve on retention 

8 boards 

9 ‘‘(a) IN GENERAL.—The provisions of section 1187 

10 of this title apply to the membership of boards convened 

11 under this chapter in the same manner as to the member12 ship of boards convened under chapter 60 of this title. 

13 ‘‘(b) RETIRED AIR FORCE OFFICERS.— 

14 ‘‘(1) AUTHORITY.—In applying subsection (b) 

15 of section 1187 of this title to a board convened 

16 under this chapter, the Secretary of the Air Force 

17 may appoint retired officers of the Air Force, in ad18 dition to retired officers of the Space Force, to com19 plete the membership of the board. 

20 ‘‘(2) LIMITATION.—A retired officer of the Air 

21 Force may be appointed to a board under paragraph 

22 (1) only if the officer served in a space-related ca23 reer field of the Air Force for sufficient time such 

24 that the Secretary of the Air Force determines that 

25 the retired Air Force officer has adequate knowledge 
1247 

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1 concerning the standards of performance and con2 duct required of an officer of the Space Force.’’. 

3 SEC. 1820. RETIREMENT. 

4 (a) IN GENERAL.—Subtitle F of title 10, United 

5 States Code, as amended by section 1719, is further 

6 amended by adding at the end the following new chapter: 

7 ‘‘CHAPTER 2013—VOLUNTARY 

8 RETIREMENT FOR LENGTH OF SERVICE 

‘‘Sec. 

‘‘20601. Officers: voluntary retirement for length of service. 

‘‘20602. Officers: computation of years of service for voluntary retirement. 

‘‘20603. Enlisted members: voluntary retirement for length of service. 

‘‘20604. Enlisted members: computation of years of service for voluntary retirement. 

‘‘20605. Applicability of other provisions of law relating to retirement. 

9 ‘‘§ 20601. Officers: voluntary retirement for length of 

10 service 

11 ‘‘(a) TWENTY YEARS OR MORE.—The Secretary of 

12 the Air Force may, upon the officer’s request, retire a 

13 commissioned officer of the Space Force who has at least 

14 20 years of service computed under section 20602 of this 

15 title, at least 10 years of which have been active service 

16 as a commissioned officer. 

17 ‘‘(b) THIRTY YEARS OR MORE.—A commissioned of18 ficer of the Space Force who has at least 30 years of serv19 ice computed under section 20602 of this title may be re20 tired upon the officer’s request, in the discretion of the 

21 President. 
1248 

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1 ‘‘(c) FORTY YEARS OR MORE.—Except as provided 

2 in section 20503 of this title, a commissioned officer of 

3 the Space Force who has at least 40 years of service com4 puted under section 20602 of this title shall be retired 

5 upon the officer’s request. 

6 ‘‘§ 20602. Officers: computation of years of service for 

7 voluntary retirement 

8 ‘‘(a) YEARS OF ACTIVE SERVICE.—For the purpose 

9 of determining whether an officer of the Space Force may 

10 be retired under section 20601 of this title, the officer’s 

11 years of service are computed by adding all active service 

12 in the armed forces. 

13 ‘‘(b) REFERENCE TO SECTION EXCLUDING SERVICE

14 DURING CERTAIN PERIODS.—Section 972(b) of this title 

15 excludes from computation of an officer’s years of service 

16 for purposes of this section any time identified with re17 spect to that officer under that section. 

18 ‘‘§ 20603. Enlisted members: voluntary retirement for 

19 length of service 

20 ‘‘(a) TWENTY TO THIRTY YEARS.—Under regula21 tions to be prescribed by the Secretary of the Air Force, 

22 an enlisted member of the Space Force who has at least 

23 20, but less than 30, years of service computed under sec24 tion 20604 of this title may, upon the member’s request, 

25 be retired. 
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1 ‘‘(b) THIRTY YEARS OR MORE.—An enlisted member 

2 of the Space Force who has at least 30 years of service 

3 computed under section 20604 of this title shall be retired 

4 upon the member’s request. 

5 ‘‘§ 20604. Enlisted members: computation of years of 

6 service for voluntary retirement 

7 ‘‘(a) YEARS OF ACTIVE SERVICE.—For the purpose 

8 of determining whether an enlisted member of the Space 

9 Force may be retired under section 20603 of this title, 

10 the member’s years of service are computed by adding all 

11 active service in the armed forces. 

12 ‘‘(b) REFERENCE TO SECTION EXCLUDING COUNT13 ING OF CERTAIN SERVICE REQUIRED TO BE MADE UP.— 

14 Time required to be made up under section 972(a) of this 

15 title may not be counted in computing years of service 

16 under subsection (a). 

17 ‘‘§ 20605. Applicability of other provisions of law re18 lating to retirement 

19 ‘‘(a) APPLICABILITY TO MEMBERS OF THE SPACE

20 FORCE.—Except as specifically provided for by this chap21 ter, the provisions of this title specified in subsection (b) 

22 apply to members of the Space Force as follows: 

23 ‘‘(1) Provisions pertaining to an officer of the 

24 Air Force shall apply to an officer of the Space 

25 Force. 
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1 ‘‘(2) Provisions pertaining to an enlisted mem2 ber of the Air Force shall apply to an enlisted mem3 ber of the Space Force. 

4 ‘‘(3) Provisions pertaining to a regular officer 

5 shall apply to an officer who is on sustained duty in 

6 the Space Force. 

7 ‘‘(4) Provisions pertaining to a regular enlisted 

8 member shall apply to an enlisted member who is on 

9 sustained duty in the Space Force. 

10 ‘‘(5) Provisions pertaining to a reserve officer 

11 shall apply to an officer who is in a Space Force ac12 tive status but not on sustained duty. 

13 ‘‘(6) Provisions pertaining to a reserve enlisted 

14 member shall apply to an enlisted member who is in 

15 a Space Force active status but not on sustained 

16 duty. 

17 ‘‘(7) Provisions pertaining to service in a reg18 ular component shall apply to service on sustained 

19 duty. 

20 ‘‘(8) Provisions pertaining to service in a re21 serve component shall apply to service in a Space 

22 Force active status not on sustained duty. 

23 ‘‘(9) Provisions pertaining to a member of the 

24 Ready Reserve shall apply to a member of the Space 
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†S 2226 ES

1 Force who is in a Space Force active status prior to 

2 being ordered to active duty. 

3 ‘‘(10) Provisions pertaining to a member of the 

4 Retired Reserve shall apply to a member of the 

5 Space Force who has retired under chapter 1223 of 

6 this title. 

7 ‘‘(b) PROVISIONS OF LAW.—The provisions of this 

8 title referred to in subsection (a) are the following: 

9 ‘‘(1) Chapter 61, relating to retirement or sepa10 ration for physical disability. 

11 ‘‘(2) Chapter 63, relating to retirement for age. 

12 ‘‘(3) Chapter 69, relating to retired grade. 

13 ‘‘(4) Chapter 71, relating to computation of re14 tired pay. 

15 ‘‘(5) Chapter 941, relating to retirement from 

16 the Air Force for length of service. 

17 ‘‘(6) Chapter 945, relating to computation of 

18 retired pay. 

19 ‘‘(7) Chapter 1223, relating to retired pay for 

20 non-regular service. 

21 ‘‘(8) Chapter 1225, relating to retired grade.’’. 

22 (b) CONFORMING AMENDMENTS.—Title 10, United 

23 States Code, is amended as follows: 

24 (1) RETIRED MEMBERS ORDERED TO ACTIVE

25 DUTY.—Section 688(b) is amended— 
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1 (A) in paragraph (1), by striking ‘‘Regular 

2 Marine Corps, or Regular Space Force’’ and in3 serting ‘‘or Regular Marine Corps’’; and 

4 (B) by adding at the end the following new 

5 paragraph: 

6 ‘‘(4) A retired member of the Space Force.’’. 

7 (2) RETIRED GRADE.—Section 9341 is amend8 ed— 

9 (A) in subsection (a), by striking ‘‘or the 

10 Space Force’’ both places it appears; 

11 (B) in subsection (b), by striking ‘‘or a 

12 Regular or Reserve of the Space Force’’; and 

13 (C) by adding at the end the following new 

14 subsection: 

15 ‘‘(c) SPACE FORCE.—(1) The retired grade of a com16 missioned officer of the Space Force who retires other 

17 than for physical disability is determined under section 

18 1370 or 1370a of this title, as applicable to the officer. 

19 ‘‘(2) Unless entitled to a higher retired grade under 

20 some other provision of law, a member of the Space Force 

21 not covered by paragraph (1) who retires other than for 

22 physical disability retires in the grade that the member 

23 holds on the date of the member’s retirement.’’. 

24 (3) RETIRED GRADE OF ENLISTED MEMBERS

25 AFTER 30 YEARS OF SERVICE.—Section 9344(b)(2) 
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1 is amended by striking ‘‘Regular’’ before ‘‘Space 

2 Force’’. 

3 (4) RETIRED LISTS.—Section 9346 is amend4 ed— 

5 (A) in subsection (a), by striking ‘‘or the 

6 Regular Space Force’’ and inserting ‘‘and a 

7 separate retired list containing the name of 

8 each retired commissioned officer of the Space 

9 Force (other than an officer whose name is on 

10 the list maintained under subsection (b)(2))’’; 

11 (B) in subsection (b)— 

12 (i) by redesignating paragraphs (1) 

13 and (2) as subparagraphs (A) and (B), re14 spectively; 

15 (ii) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

16 (iii) in subparagraph (A), as redesig17 nated by clause (i), by striking ‘‘, or for 

18 commissioned officers of the Space Force 

19 other than of the Regular Space Force’’; 

20 (iv) in subparagraph (B), as so redes21 ignated, by striking ‘‘or the Space Force’’; 

22 and 

23 (v) by adding at the end the following 

24 new paragraph: 
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1 ‘‘(2) The Secretary shall maintain a retired list con2 taining the name of— 

3 ‘‘(A) each person entitled to retired pay who as 

4 a member of the Space Force qualified for retire5 ment under section 20601 of this title; and 

6 ‘‘(B) each retired warrant officer or enlisted 

7 member of the Space Force who is advanced to a 

8 commissioned grade.’’; 

9 (C) in subsection (c), by striking ‘‘or the 

10 Space Force’’ and inserting ‘‘and a separate re11 tired list containing the name of each retired 

12 warrant officer of the Space Force’’; and 

13 (D) in subsection (d), by striking ‘‘or the 

14 Regular Space Force’’ and inserting ‘‘and a 

15 separate retired list containing the name of 

16 each retired enlisted member of the Space 

17 Force’’. 
1255 

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1 Subtitle B—Conforming Amend2 ments Related to Space Force 

3 Military Personnel System 

4 SEC. 1831. AMENDMENTS TO DEPARTMENT OF THE AIR 

5 FORCE PROVISIONS OF TITLE 10, UNITED 

6 STATES CODE. 

7 (a) PROVISIONS RELATING TO PERSONNEL.—Part II 

8 of subtitle D of title 10, United States Code, is amended 

9 as follows: 

10 (1) GENDER-FREE BASIS FOR ACCEPTANCE OF

11 ORIGINAL ENLISTMENTS.— 

12 (A) Section 9132 is amended by striking 

13 ‘‘Regular’’ before ‘‘Space Force’’. 

14 (B) The heading of such section is amend15 ed by striking ‘‘REGULAR SPACE FORCE’’ 

16 and inserting ‘‘SPACE FORCE’’. 

17 (2) REENLISTMENT AFTER SERVICE AS AN OF18 FICER.— 

19 (A) Section 9138(a) is amended by strik20 ing ‘‘Regular’’ before ‘‘Space Force’’ both 

21 places it appears. 

22 (B) The heading of section 9138 is amend23 ed by striking ‘‘REGULAR SPACE FORCE’’ 

24 and inserting ‘‘SPACE FORCE’’. 
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1 (3) WARRANT OFFICERS: ORIGINAL APPOINT2 MENT; QUALIFICATIONS.—Section 9160 is amended 

3 by striking ‘‘Regular’’ before Space Force’’. 

4 (4) SERVICE AS AN OFFICER TO BE COUNTED

5 AS ENLISTED SERVICE.—Section 9252 is amended 

6 by striking ‘‘Regular’’ before ‘‘Space Force’’. 

7 (5) CHAPTER HEADING.— 

8 (A) The heading of chapter 915 is amend9 ed to read as follows: 

10 ‘‘CHAPTER 915—APPOINTMENTS IN THE 

11 REGULAR AIR FORCE AND IN THE 

12 SPACE FORCE’’. 

13 (B) The tables of chapters at the begin14 ning of subtitle D, and at the beginning of part 

15 II of subtitle D of such title, are each amended 

16 by striking the item relating to chapter 915 and 

17 inserting the following new item: 

‘‘915. Appointments in the Regular Air Force and in the Space Force 9151.’’. 

18 (b) PROVISIONS RELATING TO TRAINING GEN19 ERALLY.—Section 9401 of such title is amended— 

20 (1) in subsection (b)— 

21 (A) by striking ‘‘or the Regular Space 

22 Force’’ after ‘‘Regular Air Force’’; and 

23 (B) by inserting ‘‘or one of the Space 

24 Force in a Space Force active status not on 

25 sustained duty,’’ after ‘‘on the active-duty list,’’; 
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1 (2) in subsection (c)— 

2 (A) by striking ‘‘or Reserve of the Space 

3 Force’’ and inserting ‘‘or member of the Space 

4 Force in a Space Force active status not on 

5 sustained duty’’; and 

6 (B) by striking ‘‘the Reserve’s consent’’ 

7 and inserting ‘‘the member’s consent’’; and 

8 (3) in subsection (f)— 

9 (A) by striking ‘‘the Regular Space Force’’ 

10 and inserting ‘‘of Space Force members on sus11 tained duty’’; and 

12 (B) by striking ‘‘the Space Force Reserve’’ 

13 and inserting ‘‘of Space Force members in an 

14 active status not on sustained duty’’. 

15 (c) PROVISIONS RELATING TO THE AIR FORCE

16 ACADEMY.—Chapter 953 of such title is amended as fol17 lows: 

18 (1) PERMANENT PROFESSORS; DIRECTOR OF

19 ADMISSIONS.—Section 9436 is amended— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘the equivalent grade 

22 in’’ both places it appears; 

23 (ii) by inserting ‘‘or the Space Force’’ 

24 after ‘‘Regular Air Force’’ the first place it 

25 appears; 
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1 (iii) by striking ‘‘and a permanent’’ 

2 and all that follows through ‘‘in the Reg3 ular Air Force’’; and 

4 (B) in subsection (b)— 

5 (i) by striking ‘‘the equivalent grade 

6 in’’ both places it appears and inserting 

7 ‘‘the grade of lieutenant colonel in’’; and 

8 (ii) by striking ‘‘Regular Space Force 

9 has the grade equivalent to the grade of 

10 colonel in the Regular Air Force’’ and in11 serting ‘‘Space Force has the grade of 

12 colonel in the Space Force’’. 

13 (2) APPOINTMENT OF CADETS.—Section 

14 9442(b) is amended— 

15 (A) in paragraph (1)(C), by inserting ‘‘, or 

16 the Space Force,’’ after ‘‘members of reserve 

17 components’’; and 

18 (B) in paragraph (2), by striking ‘‘Reg19 ular’’ before ‘‘Space Force’’. 

20 (3) AGREEMENT OF CADETS TO SERVE AS OF21 FICERS.—Section 9448(a) is amended— 

22 (A) in paragraph (2)(A), by striking ‘‘Reg23 ular’’ before ‘‘Space Force’’; and 

24 (B) in paragraph (3)— 
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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘, or to terminate 

3 the officer’s order to sustained duty in the 

4 Space Force’’ after ‘‘resign as a regular of5 ficer’’; 

6 (ii) in subparagraph (A), by striking 

7 ‘‘or as a Reserve in the Space Force for 

8 service in the Space Force Reserve’’ and 

9 inserting ‘‘or will accept further assign10 ment in a Space Force active status’’; and 

11 (iii) in subparagraph (B), by inserting 

12 ‘‘, or the Space Force,’’ after ‘‘that reserve 

13 component’’. 

14 (4) HAZING.—Section 9452(c) is amended by 

15 striking ‘‘Marine Corps, or Space Force,’’ and in16 serting, ‘‘or Marine Corps, or in the Space Force,’’. 

17 (5) COMMISSION UPON GRADUATION.—Section 

18 9453(b) is amended— 

19 (A) by striking ‘‘or in the equivalent grade 

20 in the Regular Space Force’’; and 

21 (B) by inserting before the period the fol22 lowing: ‘‘or a second lieutenant in the Space 

23 Force under section 531 or 20201 of this title’’. 

24 (d) PROVISIONS RELATING TO SCHOOLS AND

25 CAMPS.—Chapter 957 of such title is amended as follows: 
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1 (1) PURPOSE.—Section 9481 is amended— 

2 (A) by striking ‘‘to qualify them for ap3 pointment’’ and inserting ‘‘to qualify them 

4 for— 

5 ‘‘(1) appointment’’; 

6 (B) by striking ‘‘or the Space Force Re7 serve.’’ and inserting ‘‘; or’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) appointment as officers, or enlistment as 

11 noncommissioned officers, for service in the Space 

12 Force in a Space Force active status.’’. 

13 (2) OPERATION.—Section 9482(4) is amended 

14 by striking ‘‘or the Regular Space Force’’ and in15 serting ‘‘or members of the Space Force in an active 

16 status’’. 

17 SEC. 1832. AMENDMENTS TO SUBTITLE A OF TITLE 10, 

18 UNITED STATES CODE. 

19 (a) PROVISIONS RELATING TO ORGANIZATION AND

20 GENERAL MILITARY POWERS.—Part I of subtitle A of 

21 title 10, Untied States Code, is amended as follows: 

22 (1) ANNUAL DEFENSE MANPOWER REPORT.— 

23 Section 115a(d)(3)(F) is amended by inserting be24 fore the period the following: ‘‘or, in the case of the 
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1 Space Force, officers ordered to active duty other 

2 than under section 20105(b) of this title’’. 

3 (2) SUSPENSION OF END-STRENGTH AND

4 OTHER STRENGTH LIMITATIONS IN TIME OF WAR OR

5 NATIONAL EMERGENCY.—Section 123a(a)(2) is 

6 amended by inserting ‘‘or the Space Force’’ after ‘‘a 

7 reserve component’’. 

8 (3) DEPUTY COMMANDER OF USNORTHCOM.— 

9 Section 164(e)(4) is amended— 

10 (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

11 (B) by striking ‘‘shall be a’’ and all that 

12 follows through the period at the end and in13 serting ‘‘shall be— 

14 ‘‘(i) a qualified officer of a reserve 

15 component who is eligible for promotion to 

16 the grade of lieutenant general or, in the 

17 case of the Navy, vice admiral; or 

18 ‘‘(ii) a qualified officer of the Space 

19 Force whose prior service includes service 

20 in a Space Force active status other than 

21 sustained duty and who is eligible for pro22 motion to the grade of lieutenant gen23 eral.’’; and 

24 (C) by adding at the end the following new 

25 subparagraph: 
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1 ‘‘(B) The requirement in subparagraph (A) 

2 does not apply when the officer serving as com3 mander of the combatant command described in 

4 that subparagraph is— 

5 ‘‘(i) a reserve component officer; or 

6 ‘‘(ii) an officer of the Space Force 

7 whose prior service includes service in a 

8 Space Force active status other than sus9 tained duty.’’. 

10 (4) READINESS REPORTS.—Section 482(a) is 

11 amended by inserting ‘‘and the Space Force’’ after 

12 ‘‘active and reserve components’’ both places it ap13 pears. 

14 (b) DOPMA OFFICER PERSONNEL PROVISIONS.— 

15 Chapter 36 of such title is amended as follows: 

16 (1) NONDISCLOSURE OF BOARD PRO17 CEEDINGS.—Section 613a is amended by striking 

18 ‘‘573, 611, or 628’’ both places it appears and in19 serting ‘‘573, 611, 628, or 20211’’. 

20 (2) INFORMATION FURNISHED TO SELECTION

21 BOARDS.—Section 615(a) is amended— 

22 (A) in paragraph (1), by inserting ‘‘or 

23 20211’’ after ‘‘section 611(a)’’; and 

24 (B) in paragraph (3)— 
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1 (i) in subparagraph (B)(i), by striking 

2 ‘‘regular officer’’ and all that follows 

3 through the period at the end and insert4 ing ‘‘regular officer or an officer in the 

5 Space Force, a grade above captain or, in 

6 the case of the Navy, lieutenant.’’; and 

7 (ii) in subparagraph (D)— 

8 (I) by striking ‘‘major general,’’ 

9 and inserting ‘‘major general or’’; and 

10 (II) by striking ‘‘or, in the case 

11 of the Space Force, the equivalent 

12 grade,’’. 

13 (3) ELIGIBILITY FOR CONSIDERATION FOR PRO14 MOTION: TIME-IN-GRADE AND OTHER REQUIRE15 MENTS.—Section 619(a) is amended by striking 

16 ‘‘Marine Corps, or Space Force’’ each place it ap17 pears and inserting ‘‘or Marine Corps’’. 

18 (4) AUTHORITY TO VACATE PROMOTIONS TO

19 GRADES OF BRIGADIER GENERAL AND REAR ADMI20 RAL (LOWER HALF).—Section 625(b) is amended— 

21 (A) by striking ‘‘Marine Corps, or Space 

22 Force’’ and inserting ‘‘or Marine Corps’’; and 

23 (B) by adding at the end the following new 

24 sentence: ‘‘An officer of the Space Force whose 
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1 promotion is vacated under this section holds 

2 the grade of colonel.’’. 

3 (5) ACCEPTANCE OF PROMOTIONS; OATH OF

4 OFFICE.—Section 626 is amended by striking ‘‘sec5 tion 624’’ both places it appears and inserting ‘‘sec6 tion 624 or 20241’’. 

7 (6) SPECIAL SELECTION REVIEW BOARD.—Sec8 tion 628a is amended— 

9 (A) in subsection (a)(1)(A)— 

10 (i) by striking ‘‘major general,’’ and 

11 inserting ‘‘major general or’’; and 

12 (ii) by striking ‘‘, or an equivalent 

13 grade in the Space Force’’; 

14 (B) in subsection (e)(2), by adding at the 

15 end the following new sentence: ‘‘However, in 

16 the case of an officer on the Space Force officer 

17 list, the provisions of section 618 of this title 

18 apply to the report and proceedings of a special 

19 selection review board convened under this sec20 tion in the same manner as they apply to report 

21 and proceedings of a promotion board convened 

22 under section 20211 of this title.’’; and 

23 (C) in subsection (f)(1), by adding at the 

24 end the following new sentence: ‘‘However, if 

25 the report of a special selection review board 
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1 convened under this section recommends the 

2 sustainment of the recommendation for pro3 motion to the next higher grade of an officer on 

4 the Space Force officer list who was referred to 

5 it for review under this section, and the Presi6 dent approves the report, the officer shall, as 

7 soon as practicable, be appointed to the grade 

8 in accordance with subsections (b) and (c) of 

9 section 20241 of this title.’’. 

10 (7) REMOVAL FROM LIST OF OFFICERS REC11 OMMENDED FOR PROMOTION.—Section 629 is 

12 amended— 

13 (A) in subsection (b), by inserting ‘‘or 

14 20241(c)’’ after ‘‘section 624(c)’’; and 

15 (B) in subsection (c)— 

16 (i) by inserting ‘‘or 20241(a)’’ after 

17 ‘‘section 624(a)’’ both places it appears; 

18 and 

19 (ii) by inserting ‘‘or 20241(c)’’ after 

20 ‘‘section 624(c)’’ both places it appears. 

21 (8) RETIREMENT FOR YEARS OF SERVICE.— 

22 (A) LIEUTENANT COLONELS.—Section 

23 633(a) is amended— 

24 (i) by inserting ‘‘(1)’’ before ‘‘Except 

25 as’’; 
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1 (ii) by striking ‘‘Regular Marine 

2 Corps, or Regular Space Force’’ and in3 serting ‘‘or Regular Marine Corps’’; and 

4 (iii) by adding at the end the fol5 lowing new paragraph: 

6 ‘‘(2) Except as provided under section 637(b) or 637a 

7 of this title, each officer of the Space Force who holds 

8 the grade of lieutenant colonel who is not on a list of offi9 cers recommended for promotion to the grade of colonel 

10 shall, if not earlier retired, be retired on the first day of 

11 the month after the month in which the officer completes 

12 28 years of active commissioned service.’’. 

13 (B) COLONELS.—Section 634(a) is amend14 ed— 

15 (i) by inserting ‘‘(1)’’ before ‘‘Except 

16 as’’; 

17 (ii) by striking ‘‘Regular Marine 

18 Corps, or Regular Space Force’’ and in19 serting ‘‘or Regular Marine Corps’’; and 

20 (iii) by adding at the end the fol21 lowing new paragraph: 

22 ‘‘(2) Except as provided under section 637(b) or 637a 

23 of this title, each officer of the Space Force who holds 

24 the grade of colonel who is not on a list of officers rec25 ommended for promotion to the grade of brigadier general 
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1 shall, if not earlier retired, be retired on the first day of 

2 the month after the month in which the officer completes 

3 30 years of active commissioned service.’’. 

4 (C) BRIGADIER GENERALS.—Section 635 

5 is amended— 

6 (i) by inserting ‘‘(a) ARMY, NAVY, AIR

7 FORCE, AND MARINE CORPS’’ before ‘‘Ex8 cept as’’; 

9 (ii) by striking ‘‘Regular Marine 

10 Corps, or Regular Space Force’’ and in11 serting ‘‘or Regular Marine Corps’’; and 

12 (iii) by adding at the end the fol13 lowing new subsection: 

14 ‘‘(b) SPACE FORCE.—Except as provided under sec15 tion 637(b) or 637a of this title, each officer of the Space 

16 Force who holds the grade of brigadier general who is not 

17 on a list of officers recommended for promotion to the 

18 grade of major general shall, if not earlier retired, be re19 tired as specified in subsection (a).’’. 

20 (D) OFFICERS IN GRADES ABOVE BRIGA21 DIER GENERAL.—Section 636(a) is amended— 

22 (i) by inserting ‘‘(1)’’ before ‘‘Except 

23 as’’; 
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1 (ii) by striking ‘‘Regular Marine 

2 Corps, or Regular Space Force’’ and in3 serting ‘‘or Regular Marine Corps’’; and 

4 (iii) by adding at the end the fol5 lowing new paragraph: 

6 ‘‘(2) Except as provided in subsection (b) or (c) and 

7 under section 637(b) or 637a of this title, each officer of 

8 the Space Force who holds the grade of major general 

9 shall, if not earlier retired, be retired as specified in para10 graph (1).’’. 

11 (E) SECTION HEADINGS.— 

12 (i) The heading of section 633 is 

13 amended by striking ‘‘LIEUTENANT

14 COLONELS AND’’ and inserting ‘‘AND

15 SPACE FORCE LIEUTENANT COLO16 NELS; REGULAR NAVY’’. 

17 (ii) The heading of section 634 is 

18 amended by striking ‘‘COLONELS AND’’ 

19 and inserting ‘‘AND SPACE FORCE

20 COLONELS; REGULAR’’. 

21 (iii) The heading of section 635 is 

22 amended by striking ‘‘BRIGADIER GEN23 ERALS AND’’ and inserting ‘‘AND SPACE

24 FORCE BRIGADIER GENERALS; REG25 ULAR NAVY’’. 
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1 (iv) The heading of section 636 is 

2 amended by striking ‘‘OFFICERS IN

3 GRADES ABOVE BRIGADIER GENERAL

4 AND’’ and inserting ‘‘AND SPACE FORCE

5 OFFICERS IN GRADES ABOVE BRIGA6 DIER GENERAL; REGULAR NAVY OFFI7 CERS IN GRADES ABOVE’’. 

8 (c) MANAGEMENT POLICIES FOR JOINT QUALIFIED

9 OFFICERS.—Section 661(a) of such title is amended— 

10 (1) by striking ‘‘Marine Corps, and Space 

11 Force’’ and inserting ‘‘and Marine Corps’’; and 

12 (2) by inserting ‘‘, and officers of the Space 

13 Force on the Space Force officer list,’’ after ‘‘active14 duty list’’. 

15 (d) LEAVE.—Chapter 40 of such title is amended as 

16 follows: 

17 (1) ENTITLEMENT AND ACCUMULATION.—Sec18 tion 701 is amended— 

19 (A) in subsection (h)— 

20 (i) by inserting at the end of para21 graph (2) the following new subparagraph: 

22 ‘‘(D) A member of the Space Force in a 

23 Space Force active status on sustained duty or 

24 subject to a call or order to active duty for a 

25 period in excess of 12 months.’’; and 
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1 (ii) in paragraphs (5)(B) and (6), by 

2 inserting ‘‘, or of the Space Force,’’ after 

3 ‘‘member of a reserve component’’; and 

4 (B) in subsection (i), by inserting ‘‘, or of 

5 the Space Force,’’ after ‘‘member of a reserve 

6 component’’. 

7 (2) PAYMENT UPON DISAPPROVAL OF CERTAIN

8 BOARD OF INQUIRY RECOMMENDATIONS FOR EXCESS

9 LEAVE REQUIRED TO BE TAKEN.—Section 

10 707a(a)(1) is amended by inserting ‘‘or 20503’’ 

11 after ‘‘section 1182(c)(2)’’. 

12 (3) CAREER FLEXIBILITY TO ENHANCE RETEN13 TION OF MEMBERS.—Section 710 is amended— 

14 (A) in subsection (a), by inserting ‘‘or of 

15 the Space Force’’ after ‘‘regular components’’; 

16 (B) in subsection (b)(2), by inserting ‘‘, or 

17 a Space Force officer in a Space Force active 

18 status not on active duty under section 

19 20105(b) of this title,’’ after ‘‘officer’’; 

20 (C) in subsection (c)(1), by inserting be21 fore the period at the end the following: ‘‘or, in 

22 the case of a member of the Space Force on 

23 sustained duty, to accept release from sustained 

24 duty orders and to serve in a Space Force ac25 tive status’’; and 
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1 (D) in subsection (g)(1)(A), by striking 

2 ‘‘chapter 36 or 1405’’ and inserting ‘‘chapter 

3 36, 1405, or 2005’’. 

4 (e) LIMITATION ON NUMBER OF OFFICERS WHO

5 MAY BE FROCKED TO A HIGHER GRADE.—Section 

6 777(d)(2) of such title is amended by inserting ‘‘, or for 

7 the Space Force, the Space Force officer list,’’ after ‘‘ac8 tive-duty list’’. 

9 (f) UNIFORM CODE OF MILITARY JUSTICE.—Chapter 

10 47 of such title (the Uniform Code of Military Justice), 

11 is amended as follows: 

12 (1) PERSONS SUBJECT TO UCMJ.—Section 802 

13 (article 2) is amended— 

14 (A) in subsection (a)— 

15 (i) in paragraph (1), by inserting 

16 ‘‘and members of the Space Force on ac17 tive duty under section 20105 of this 

18 title,’’ after ‘‘regular component of the 

19 armed forces,’’; 

20 (ii) in paragraph (3)(A)(i), by insert21 ing ‘‘or the Space Force’’ after ‘‘reserve 

22 component’’; 

23 (iii) in paragraph (5), by inserting ‘‘, 

24 or retired members of the Space Force who 

25 qualified for a non-regular retirement and 
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1 are receiving retired pay,’’ after ‘‘a reserve 

2 component’’; and 

3 (iv) by adding at the end the following 

4 new paragraph: 

5 ‘‘(14) Retired members of the Space Force who 

6 qualified for a regular retirement under section 

7 20603 of this title and are receiving retired pay.’’; 

8 and 

9 (B) in subsection (d)— 

10 (i) in paragraph (1), by inserting ‘‘or 

11 the Space Force’’ after ‘‘reserve compo12 nent’’; 

13 (ii) in paragraph (2), by inserting ‘‘or 

14 the Space Force’’ after ‘‘a reserve compo15 nent’’; and 

16 (iii) in paragraph (4), by inserting ‘‘or 

17 the Space Force’’ after ‘‘in a regular com18 ponent of the armed forces’’. 

19 (2) JURISDICTION TO TRY CERTAIN PER20 SONNEL.—Subsection (d) of section 803 (article 3) 

21 is amended by inserting, ‘‘or the Space Force’’ after 

22 ‘‘reserve component’’. 

23 (3) ARTICLES TO BE EXPLAINED.—Section 937 

24 (article 137) is amended— 

25 (A) in subsection (a)(1)— 
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1 (i) by striking ‘‘or’’ at the end of sub2 paragraph (A); 

3 (ii) by striking the period at the end 

4 of subparagraph (B) and inserting ‘‘; or’’; 

5 and 

6 (iii) by adding at the end the fol7 lowing new subparagraph: 

8 ‘‘(C) the member’s initial entrance on ac9 tive duty or into a Space Force active status.’’; 

10 (B) in subsection (a)(2)— 

11 (i) by striking ‘‘and’’ at the end of 

12 subparagraph (A); 

13 (ii) by redesignating subparagraph 

14 (B) as subparagraph (C); and 

15 (iii) by inserting after subparagraph 

16 (A) the following new subparagraph: 

17 ‘‘(B) after a member of Space Force has 

18 completed six months of sustained duty or in 

19 the case of a member not on sustained duty, 

20 after the member has completed basic or recruit 

21 training; and’’; 

22 (C) in subsection (b)(1)(B), by inserting 

23 ‘‘or the Space Force’’ after ‘‘in a reserve com24 ponent’’; and 
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1 (D) in subsection (d)(1), by striking ‘‘or to 

2 a member of a reserve component,’’ and insert3 ing ‘‘, to a member of a reserve component, or 

4 to a member of the Space Force,’’. 

5 (g) RESTRICTION ON PERFORMANCE OF CIVIL FUNC6 TIONS BY OFFICERS ON ACTIVE DUTY.—Section 

7 973(b)(1) of such title 10 is amended— 

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (B); 

10 (2) by striking the period at the end of sub11 paragraph (C) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(D) to an officer on the Space Force offi15 cer list serving on active duty under section 

16 20105(b) of this title or under a call or order 

17 to active duty for a period in excess of 270 

18 days.’’. 

19 (h) USE OF COMMISSARY STORES AND MWR RETAIL

20 FACILITIES.—Section 1063 of such title is amended— 

21 (1) in subsection (c)— 

22 (A) in the heading, by inserting ‘‘AND

23 SPACE FORCE’’ after ‘‘RESERVE’’; and 

24 (B) by inserting ‘‘or the Space Force’’ 

25 after ‘‘reserve component’’; 
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1 (2) by redesignating subsections (d) and (e) as 

2 subsections (e) and (f), respectively; 

3 (3) by inserting after subsection (c) the fol4 lowing new subsection (d): 

5 ‘‘(d) MEMBERS OF THE SPACE FORCE.—A member 

6 of the Space Force in a Space Force active status who 

7 is not on sustained duty shall be permitted to use com8 missary stores and MWR retail facilities under the same 

9 conditions as specified in subsection (a) for a member of 

10 the Selected Reserve.’’; and 

11 (4) in subsection (e), as redesignated by para12 graph (2), by striking ‘‘subsection (a) or (b)’’ in 

13 paragraph (1) and inserting ‘‘subsection (a), (b), or 

14 (d)’’. 

15 (i) MEMBERS INVOLUNTARY SEPARATED.— 

16 (1) ELIGIBILITY FOR CERTAIN BENEFITS AND

17 SERVICES.—Section 1141 of such title is amended— 

18 (A) by striking ‘‘and’’ at the end of para19 graph (3); 

20 (B) by striking the period at the end of 

21 paragraph (4) and inserting a semicolon; and 

22 (C) by adding at the end the following new 

23 paragraphs: 

24 ‘‘(5) in the case of an officer of the Space 

25 Force (other than a retired officer), the officer is in-
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1 voluntarily discharged or released from active duty 

2 under other than adverse conditions, as character3 ized by the Secretary of the Air Force; and 

4 ‘‘(6) in the case of an enlisted member of the 

5 Space Force, the member is— 

6 ‘‘(A) denied reenlistment; or 

7 ‘‘(B) involuntarily discharged or released 

8 from active duty under other than adverse con9 ditions, as characterized by the Secretary of the 

10 Air Force.’’. 

11 (2) SEPARATION PAY.—Section 1174(a)(2) of 

12 such title is amended by striking ‘‘, Marine Corps, 

13 or Space Force’’ both places it appears and inserting 

14 ‘‘or Marine Corps’’. 

15 (j) BOARDS FOR THE CORRECTION OF MILITARY

16 RECORDS.—Chapter 79 of such title is amended as fol17 lows: 

18 (1) REVIEW OF ACTIONS OF SELECTION

19 BOARDS AND CORRECTION OF MILITARY RECORDS.— 

20 Section 1558 is amended— 

21 (A) inserting ‘‘, or the Space Force,’’ after 

22 ‘‘reserve component’’ each place it appears; and 

23 (B) in subsection (b)— 
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1 (i) in paragraph (1)(C), by striking 

2 ‘‘section 628 or 14502’’ and inserting 

3 ‘‘section 628, 14502, or 20252’’; 

4 (ii) in paragraph (2)(A), by striking 

5 ‘‘or 14705’’ and inserting ‘‘14507, or 

6 20403’’; and 

7 (iii) in paragraph (2)(B)(i), by strik8 ing ‘‘or 14101(a)’’ and inserting 

9 ‘‘14101(a), or 20211’’. 

10 (2) TITLE OF AIR FORCE SERVICE REVIEW

11 AGENCY.— 

12 (A) Sections 1555(c)(3) and 1557(f)(3) 

13 are amended by inserting ‘‘the Department of’’ 

14 after ‘‘Air Force,’’. 

15 (B) Section 1556(a) is amended by insert16 ing ‘‘the Department of’’ after ‘‘the Army Re17 view Boards Agency,’’. 

18 (C) Section 1559(c)(3) is amended by in19 serting ‘‘the Department of’’ after ‘‘Air 

20 Force,’’. 

21 (k) MILITARY FAMILY PROGRAMS.—Chapter 88 of 

22 such title is amended as follows: 

23 (1) MEMBERS OF DEPARTMENT OF DEFENSE

24 MILITARY READINESS COUNCIL.—Section 

25 1781a(b)(1)(B)(iii) is amended— 
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1 (A) by striking ‘‘member and’’ and insert2 ing ‘‘member,’’; and 

3 (B) by inserting ‘‘, and one of whom shall 

4 be the spouse or parent of a member of the 

5 Space Force’’ after ‘‘parent of a reserve compo6 nent member’’. 

7 (2) DEPARTMENT OF DEFENSE POLICY AND

8 PLANS FOR MILITARY FAMILY READINESS .—Section 

9 1781b is amended— 

10 (A) in subsection (b)(3), by striking ‘‘mili11 tary families of members of the regular compo12 nents and military families of members of the 

13 reserve components’’ and inserting ‘‘military 

14 families of members of the regular components, 

15 the reserve components, and the Space Force’’; 

16 and 

17 (B) in subsection (c)(2)— 

18 (i) by striking ‘‘both’’; and 

19 (ii) by striking ‘‘military families of 

20 members of the regular components and 

21 military families of members of the reserve 

22 components’’ and inserting ‘‘military fami23 lies of members of the regular components, 

24 members of the reserve components, and 

25 members of the Space Force’’. 
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1 (l) TRAINING AND EDUCATION PROGRAMS.— 

2 (1) PAYMENT OF TUITION FOR OFF-DUTY

3 TRAINING OR EDUCATION.—Section 2007 of such 

4 title is amended by adding at the end the following 

5 new subsection: 

6 ‘‘(g) The provisions of this section pertaining to mem7 bers of the Ready Reserve, the Selected Reserve, or the 

8 Individual Ready Reserve also apply to members of the 

9 Space Force in a Space Force active status who are not 

10 on active duty.’’. 

11 (2) ROTC FINANCIAL ASSISTANT PROGRAM FOR

12 SPECIALLY SELECTED MEMBERS.—Section 2107 of 

13 such title is amended— 

14 (A) in subsection (a)— 

15 (i) by striking ‘‘Navy,’’ and inserting 

16 ‘‘Navy or’’; and 

17 (ii) by striking ‘‘Marine Corps, or as 

18 an officer in the equivalent grade in the 

19 Space Force’’ and inserting ‘‘or Marine 

20 Corps’’; and 

21 (B) by adding at the end the following new 

22 subsection: 

23 ‘‘(k) APPLICABILITY TO SPACE FORCE.—(1) Provi24 sions of this section referring to a regular commission, 

25 regular officer, or a commission in a regular component 
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1 shall be treated as also referring to the commission of an 

2 officer, or an officer, who is a commissioned officer in the 

3 Space Force serving on active duty pursuant to section 

4 20105(b) of this title. 

5 ‘‘(2) Provisions of this section referring to a reserve 

6 commission, reserve officer, or a commission in a reserve 

7 component shall be treated as also referring to the com8 mission of an officer, or an officer, who is a commissioned 

9 officer in the Space Force not serving on active duty pur10 suant to section 20105(b) of this title.’’. 

11 (3) DUTY AS ROTC ADMINISTRATORS AND IN12 STRUCTORS.—Section 2111 of such title is amended 

13 by adding at the end the following new sentence: 

14 ‘‘The Secretary of the Air Force may detail mem15 bers of the Space Force in the same manner as reg16 ular and reserve members of the Air Force.’’. 

17 SEC. 1833. TITLE 38, UNITED STATES CODE (VETERANS’ 

18 BENEFITS). 

19 (a) DEFINITIONS.— 

20 (1) GENERAL DEFINITIONS.—Section 101 of 

21 title 38, United States Code, is amended— 

22 (A) in paragraph (23), by inserting ‘‘, or 

23 for members of the Space Force in a Space 

24 Force active status (as defined in section 

25 101(e)(1) of title 10),’’ after ‘‘(including com-
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1 missioned officers of the Reserve Corps of the 

2 Public Health Service)’’ both places it appears; 

3 and 

4 (B) in paragraph (27)— 

5 (i) by striking subparagraph (E); and 

6 (ii) by redesignating subparagraphs 

7 (F), (G), and (H) as subparagraphs (E), 

8 (F), and (G), respectively. 

9 (2) DEFINITIONS FOR PURPOSES OF SGLI.— 

10 Section 1965 of such title is amended— 

11 (A) in paragraph (2)(A), by inserting ‘‘, or 

12 by members of the Space Force in a Space 

13 Force active status (as defined in section 

14 101(e)(1) of title 10) but not on sustained duty 

15 under section 20105 of title 10,’’ after ‘‘for Re16 serves’’; and 

17 (B) in paragraph (3)(A), by inserting ‘‘, or 

18 for members of the Space Force in a Space 

19 Force active status (as defined in section 

20 101(e)(1) of title 10),’’ after ‘‘(including com21 missioned officers of the Reserve Corps of the 

22 Public Health Service)’’. 

23 (b) PERSONS ELIGIBLE FOR INTERMENT IN NA24 TIONAL CEMETERIES.—Section 2402(a) of such title is 

25 amended in paragraph (2), by inserting ‘‘any member of 
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1 the Space Force,’’ after ‘‘a Reserve component of the 

2 Armed Forces,’’. 

3 (c) EDUCATIONAL ASSISTANCE.— 

4 (1) MONTGOMERY GI BILL.—Section 

5 3011(a)(3)(D) of such title is amended by inserting 

6 ‘‘or for further service in the Space Force in a Space 

7 Force active status not on sustained duty under sec8 tion 20105 of title 10’’ after ‘‘of the Armed 

9 Forces,’’. 

10 (2) POST 9–11 GI BILL.—Section 3311(c)(3) of 

11 such title is amended by inserting ‘‘, or for further 

12 service in the Space Force in a Space Force active 

13 status not on sustained duty under section 20105 of 

14 title 10,’’ after ‘‘of the Armed Forces’’ the second 

15 place it appears. 

16 Subtitle C—Transition Provisions 

17 SEC. 1841. TRANSITION PERIOD. 

18 In this subtitle, the term ‘‘transition period’’ means 

19 the period beginning on the date of the enactment of this 

20 Act and ending on the last day of the fourth fiscal year 

21 beginning after the date of the enactment of this Act. 

22 SEC. 1842. CHANGE OF DUTY STATUS OF MEMBERS OF THE 

23 SPACE FORCE. 

24 (a) CHANGE OF DUTY STATUS.— 
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1 (1) CONVERSION OF STATUS AND ORDER TO

2 SUSTAINED DUTY.—During the transition period, 

3 the Secretary of the Air Force shall change the duty 

4 status of each member of the Regular Space Force 

5 to Space Force active status and shall, at the same 

6 time, order the member to sustained duty under sec7 tion 20105 of title 10, United States Code, as added 

8 by section 1715 of this Act. Any such order may be 

9 made without regard to any otherwise applicable re10 quirement that such an order be made only with the 

11 consent of the member or as specified in an enlist12 ment agreement or active-duty service commitment. 

13 (2) DEFINITIONS.—For purposes of this sec14 tion, the terms ‘‘Space Force active status’’ and 

15 ‘‘sustained duty’’ have the meanings given those 

16 terms by subsection (e) of section 101 of title 10, 

17 United States Code, as added by section 1713(a). 

18 (b) EFFECTIVE DATE OF CHANGE OF DUTY STA19 TUS.—The change of a member’s duty status and order 

20 to sustained duty in accordance with subsection (a) shall 

21 be effective on the date specified by the Secretary of the 

22 Air Force, but not later than the last day of the transition 

23 period. 
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1 SEC. 1843. TRANSFER TO THE SPACE FORCE OF MEMBERS 

2 OF THE AIR FORCE RESERVE AND THE AIR 

3 NATIONAL GUARD. 

4 (a) TRANSFER OF MEMBERS OF THE AIR FORCE RE5 SERVE.— 

6 (1) OFFICERS.—During the transition period, 

7 the Secretary of Defense may, with the officer’s con8 sent, transfer a covered officer of the Air Force Re9 serve or the Air National Guard to, and appoint the 

10 officer in, the Space Force. 

11 (2) ENLISTED MEMBERS.—During the transi12 tion period, the Secretary of the Air Force may 

13 transfer each covered enlisted member of the Air 

14 Force Reserve or the Air National Guard to the 

15 Space Force, other than those members who do not 

16 consent to the transfer. 

17 (3) EFFECTIVE DATE OF TRANSFERS.—Each 

18 transfer under this subsection shall be effective on 

19 the date specified by the Secretary of Defense, in the 

20 case of an officer, or the Secretary of the Air Force, 

21 in the case of an enlisted member, but not later than 

22 the last day of the transition period. 

23 (b) REGULATIONS.—Transfers under subsection (a) 

24 shall be carried out under regulations prescribed by the 

25 Secretary of Defense. In the case of an officer, applicable 
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1 regulations shall include those prescribed pursuant to sec2 tion 716 of title 10, United States Code. 

3 (c) TERM OF INITIAL ENLISTMENT IN SPACE

4 FORCE.—In the case of a covered enlisted member who 

5 is transferred to the Space Force in accordance with sub6 section (a), the Secretary of the Air Force may accept the 

7 initial enlistment of the member in the Space Force for 

8 a period of less than 2 years, but only if the period of 

9 enlistment in the Space Force is not less than the period 

10 remaining, as of the date of the transfer, in the member’s 

11 term of enlistment in the Air Force Reserve. 

12 (d) END STRENGTH ADJUSTMENTS UPON TRANS13 FERS FROM AIR FORCE RESERVE OR AIR NATIONAL

14 GUARD TO SPACE FORCE.—During the transition period, 

15 upon the transfer of a mission of the Air Force Reserve 

16 or the Air National Guard to the Space Force— 

17 (1) the end strength authorized for the Space 

18 Force pursuant to section 115(a)(1)(A) of title 10, 

19 United States Code, for the fiscal year during which 

20 the transfer occurs shall be increased by the number 

21 of billets associated with that mission; and 

22 (2) the end strength authorized for the Air 

23 Force Reserve and the Air National Guard pursuant 

24 to section 115(a)(2) of such title for such fiscal year 

25 shall be decreased by the same number. 
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1 (e) ADMINISTRATIVE PROVISIONS.—For purposes of 

2 the transfer of covered members of the Air Force Reserve 

3 in accordance with subsection (a)— 

4 (1) the Air Force Reserve, the Air National 

5 Guard, and the Space Force shall be considered to 

6 be components of the same Armed Force; and 

7 (2) the Space Force officer list shall be consid8 ered to be an active-duty list of an Armed Force. 

9 (f) RETRAINING AND REASSIGNMENT FOR MEMBERS

10 NOT TRANSFERRING.—If a covered member of the Air 

11 Force Reserve or the Air National Guard does not consent 

12 to transfer to the Space Force in accordance with sub13 section (a), the Secretary of the Air Force may, as deter14 mined appropriate by the Secretary in the case of the indi15 vidual member, provide the member retraining and reas16 signment within the Air Force Reserve. 

17 (g) COVERED MEMBERS.—For purposes of this sec18 tion, the term ‘‘covered’’, with respect to a member of the 

19 Air Force Reserve or the Air National Guard, means— 

20 (1) a member who as of the date of the enact21 ment of this Act holds an Air Force specialty code 

22 for a specialty held by members of the Space Force; 

23 and 
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1 (2) any other member designated by the Sec2 retary of the Air Force for the purposes of this sec3 tion. 

4 SEC. 1844. PLACEMENT OF OFFICERS ON THE SPACE 

5 FORCE OFFICER LIST. 

6 (a) PLACEMENT ON LIST.—Officers of the Space 

7 Force whose duty status is changed in accordance with 

8 section 1742, and officers of the Air Force Reserve or the 

9 Air National Guard who transfer to the Space Force in 

10 accordance with section 1743, shall be placed on the Space 

11 Force officer list in an order determined by their respec12 tive grades and dates of rank. 

13 (b) OFFICERS OF SAME GRADE AND DATE OF

14 RANK.—Among officers of the same grade and date of 

15 rank, placement on the Space Force officer list shall be 

16 in the order of their rank as determined in accordance 

17 with section 741(c) of title 10, United States Code. 

18 SEC. 1845. DISESTABLISHMENT OF REGULAR SPACE 

19 FORCE. 

20 (a) DISESTABLISHMENT.—The Secretary of the Air 

21 Force shall disestablish the Regular Space Force not later 

22 than the end of the transition period, once there are no 

23 longer any members remaining in the Regular Space 

24 Force. The Regular Space Force shall be disestablished 

25 upon the completion of the change of duty status of all 
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1 members of the Space Force pursuant to section 1742 and 

2 certification by the Secretary of the Air Force to the con3 gressional defense committees that there are no longer any 

4 members of the Regular Space Force. 

5 (b) PUBLICATION OF NOTICE IN FEDERAL REG6 ISTER.—The Secretary shall publish in the Federal Reg7 ister notice of the disestablishment of the Regular Space 

8 Force, including the date thereof, together with any cer9 tification submitted pursuant to subsection (a). 

10 (c) CONFORMING REPEAL.— 

11 (1) REPEAL.—Section 9085 of title 10, United 

12 States Code, relating to the composition of the Reg13 ular Space Force, is repealed. 

14 (2) EFFECTIVE DATE.—The amendment made 

15 by this subsection shall take effect on the date on 

16 which the certification is submitted under subsection 

17 (a). 

18 SEC. 1846. END STRENGTH FLEXIBILITY. 

19 (a) ADDITIONAL AUTHORITY TO VARY END

20 STRENGTHS.— 

21 (1) AUTHORITY.—Notwithstanding section 

22 115(g) of title 10, United States Code, upon deter23 mination by the Secretary of the Air Force that such 

24 action would enhance manning and readiness in es25 sential units or in critical specialties, the Secretary 
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1 may vary the end strength authorized by Congress 

2 for a fiscal year as follows: 

3 (A) Increase the end strength authorized 

4 pursuant to section 115(a)(1)(A) of such title 

5 for a fiscal year for the Space Force by a num6 ber equal to not more than 5 percent of such 

7 authorized end strength. 

8 (B) Decrease the end strength authorized 

9 pursuant to section 115(a)(1)(A) of such title 

10 for a fiscal year for the Space Force by a num11 ber equal to not more than 10 percent of such 

12 authorized end strength. 

13 (2) TERMINATION.—The authority provided 

14 under paragraph (1) shall terminate on the last day 

15 of the transition period. 

16 (b) TEMPORARY EXEMPTION FOR THE SPACE FORCE

17 FROM END STRENGTH GRADE RESTRICTIONS.—Sections 

18 517 and 523 of title 10, United States Code, shall not 

19 apply to the Space Force during the transition period. 

20 SEC. 1847. PROMOTION AUTHORITY FLEXIBILITY. 

21 (a) PROMOTION AUTHORITY FLEXIBILITY.—During 

22 the transition period, the Secretary of the Air Force may 

23 convene selection boards to consider officers on the Space 

24 Force officer list for promotion, and may promote Space 

25 Force officers selected by such boards, in accordance with 
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1 any of the following provisions of title 10, United States 

2 Code: 

3 (1) Chapter 36. 

4 (2) Part III of subtitle E. 

5 (3) Chapter 2005, as added by section 1716. 

6 (b) COORDINATION OF PROVISIONS.—(1) For a selec7 tion board convened pursuant to subsection (a) to consider 

8 members of the Space Force for promotion in accordance 

9 with chapter 36 of such title— 

10 (A) provisions that apply to an officer of a reg11 ular component of the Armed Forces shall apply to 

12 an officer of the Space Force; and 

13 (B) the Space Force officer list shall be consid14 ered to be an active-duty list. 

15 (2) For a selection board convened pursuant to sub16 section (a) to consider members of the Space Force for 

17 promotion in accordance with part III of subtitle E of such 

18 title— 

19 (A) provisions that apply to an officer of a re20 serve component of the Armed Forces shall apply to 

21 an officer of the Space Force; and 

22 (B) the Space Force officer list shall be consid23 ered to be a reserve active-status list. 

24 (3) For a selection board convened pursuant to sub25 section (a) to consider members of the Space Force for 
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1 promotion in accordance with either chapter 36 or part 

2 III of subtitle E of such title— 

3 (A) section 20213 of such title, as added by 

4 section 1716 if this Act, shall apply to the composi5 tion of the selection board; 

6 (B) the provisions of chapter 2005 of such title, 

7 as added by such section 1716, regarding officers on 

8 the Space Force officer list eligible to be considered 

9 for promotion to the grade of brigadier general or 

10 major general shall apply; 

11 (C) section 20216 of such title, as so added, 

12 shall apply; and 

13 (D) the provisions of chapter 36 or part III of 

14 subtitle E of such title, as the case may be, regard15 ing failure of selection for promotion shall apply. 

16 (c) EFFECT OF USING NEW CHAPTER 2005 AU17 THORITIES.—If the Secretary of the Air Force convenes 

18 a selection board under chapter 2005 of title 10, United 

19 States Code, as added by section 1716, to consider officers 

20 on the Space Force officer list in a particular grade and 

21 competitive category for selection for promotion to the 

22 next higher grade, the Secretary may not convene a future 

23 selection board pursuant to subsection (a) to consider offi24 cers of the same grade and competitive category under 

25 chapter 36 or part III of subtitle E of such title. 
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1 Subtitle D—Other Amendments 

2 Related to the Space Force 

3 SEC. 1851. TITLE 10, UNITED STATES CODE. 

4 (a) AMENDMENTS RELATING TO THE DESIGNATION

5 OF GRADES FOR SPACE FORCE OFFICERS.—Title 10, 

6 United States Code, is amended as follows: 

7 (1) COMMISSIONED OFFICER GRADES.—Section 

8 9151 is amended by inserting ‘‘and in the Space 

9 Force’’ after ‘‘in the Regular Air Force’’. 

10 (2) RANK.—Section 741(a) is amended in the 

11 table by striking ‘‘and Marine Corps’’ and inserting 

12 ‘‘Marine Corps, and Space Force’’. 

13 (3) DEFINITION OF GENERAL OFFICER.—Sec14 tion 101(b)(4) is amended by striking ‘‘or Marine 

15 Corps’’ and inserting ‘‘Marine Corps, or Space 

16 Force’’. 

17 (4) TEMPORARY APPOINTMENTS TO POSITIONS

18 DESIGNATED TO CARRY THE GRADE OF GENERAL OR

19 LIEUTENANT GENERAL.—Section 601(e) is amend20 ed— 

21 (A) by striking ‘‘or Marine Corps,’’ and in22 serting ‘‘Marine Corps, or Space Force or’’; and 

23 (B) by striking ‘‘or the commensurate 

24 grades in the Space Force,’’. 
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1 (5) RETIRED GRADE OF OFFICERS.—Section 

2 1370 is amended as follows: 

3 (A) Subsection (a)(2) is amended by strik4 ing ‘‘rear admiral in the Navy, or the equivalent 

5 grade in the Space Force’’ both places it ap6 pears and inserting ‘‘or rear admiral in the 

7 Navy’’. 

8 (B) Subsection (b) is amended — 

9 (i) in paragraph (1)— 

10 (I) by striking ‘‘or Marine 

11 Corps’’ and all that follows through 

12 ‘‘the Space Force,’’ and inserting 

13 ‘‘Marine Corps, or Space Force or 

14 lieutenant in the Navy,’’; and 

15 (II) in subparagraph (B), by 

16 striking ‘‘major general’’ and all that 

17 follows through ‘‘Space Force’’ and 

18 inserting ‘‘major general or rear ad19 miral’’; 

20 (ii) in paragraph (4), by striking ‘‘or 

21 Marine Corps’’ and all that follows through 

22 ‘‘Space Force,’’ and inserting ‘‘Marine 

23 Corps, or Space Force or captain in the 

24 Navy,’’; 

25 (iii) in paragraph (5)— 
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1 (I) in subparagraph (A), by strik2 ing ‘‘or Marine Corps’’ and all that 

3 follows through ‘‘Space Force,’’ and 

4 inserting ‘‘Marine Corps, or Space 

5 Force or lieutenant commander in the 

6 Navy,’’; 

7 (II) in subparagraph (B), by 

8 striking ‘‘or Marine Corps’’ and all 

9 that follows through ‘‘Space Force,’’ 

10 and inserting ‘‘Marine Corps, or 

11 Space Force or commander or captain 

12 in the Navy,’’; and 

13 (III) in subparagraph (C), by 

14 striking ‘‘or Marine Corps’’ and all 

15 that follows through ‘‘Space Force,’’ 

16 and inserting ‘‘Marine Corps, or 

17 Space Force or rear admiral (lower 

18 half) or rear admiral in the Navy,’’; 

19 and 

20 (iv) in paragraph (6), by striking ‘‘, or 

21 an equivalent grade in the Space Force,’’. 

22 (C) Subsection (c)(1) is amended by strik23 ing ‘‘or Marine Corps’’ and all that follows 

24 through ‘‘Space Force’’ and inserting ‘‘Marine 
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1 Corps, or Space Force or vice admiral or admi2 ral in the Navy’’. 

3 (D) Subsection (d) is amended— 

4 (i) in paragraph (1), by striking ‘‘or 

5 Marine Corps’’ and all that follows through 

6 ‘‘Space Force’’ and inserting ‘‘Marine 

7 Corps, or Space Force or rear admiral in 

8 the Navy’’; and 

9 (ii) in paragraph (3), by striking ‘‘or 

10 Marine Corps’’ and all that follows through 

11 ‘‘Space Force,’’ and inserting ‘‘Marine 

12 Corps, or Space Force or captain in the 

13 Navy,’’. 

14 (E) Subsection (e)(2) is amended by strik15 ing ‘‘or Marine Corps’’ and all that follows 

16 through ‘‘Space Force,’’ and inserting ‘‘Marine 

17 Corps, or Space Force or vice admiral or admi18 ral in the Navy,’’. 

19 (F) Subsection (f) is amended — 

20 (i) in paragraph (3)— 

21 (I) in subparagraph (A), by strik22 ing ‘‘or Marine Corps’’ and all that 

23 follows through ‘‘Space Force,’’ and 

24 inserting ‘‘Marine Corps, or Space 
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1 Force or rear admiral in the Navy’’; 

2 and 

3 (II) in subparagraph (B), by 

4 striking ‘‘or Marine Corps’’ and all 

5 that follows through ‘‘Space Force’’ 

6 and inserting ‘‘Marine Corps, or 

7 Space Force or vice admiral or admi8 ral in the Navy’’; and 

9 (ii) in paragraph (6)— 

10 (I) in subparagraph (A), by strik11 ing ‘‘or Marine Corps’’ and all that 

12 follows through ‘‘Space Force,’’ and 

13 inserting ‘‘Marine Corps, or Space 

14 Force or rear admiral in the Navy’’; 

15 and 

16 (II) in subparagraph (B), by 

17 striking ‘‘or Marine Corps’’ and all 

18 that follows through ‘‘Space Force,’’ 

19 and inserting ‘‘Marine Corps, or 

20 Space Force or vice admiral or admi21 ral in the Navy’’. 

22 (6) HONORARY PROMOTIONS.—Sections 

23 1563(c)(1) and 1563a(a)(1) are each amended— 

24 (A) by striking ‘‘general,’’ and inserting 

25 ‘‘general or’’; and 
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1 (B) by striking ‘‘, or an equivalent grade 

2 in the Space Force’’. 

3 (7) AIR FORCE INSPECTOR GENERAL.—Section 

4 9020(a) is amended by striking ‘‘the general, flag, 

5 or equivalent officers of’’. 

6 (b) OTHER TITLE 10 AMENDMENTS.—Such title is 

7 further amended as follows: 

8 (1) LIMITATION ON NUMBER OF RETIRED MEM9 BERS ORDERED TO ACTIVE DUTY.—Section 690(a) 

10 is amended by striking ‘‘or Marine Corps,’’ and in11 serting ‘‘Marine Corps, or Space Force,’’. 

12 (2) THE UNIFORM.—Section 772(i) is amend13 ed— 

14 (A) by striking ‘‘an Air Force School’’ and 

15 inserting ‘‘an Air Force or Space Force school’’; 

16 and 

17 (B) by striking ‘‘aviation badges of the Air 

18 Force’’ and inserting ‘‘aviation or space badges 

19 of the Air Force or Space Force’’. 

20 (3) MEMBERSHIP IN MILITARY UNIONS, ORGA21 NIZING OF MILITARY UNIONS, AND RECOGNITION OF

22 MILITARY UNIONS PROHIBITED.—Section 

23 976(a)(1)(C) is amended by inserting ‘‘or the Space 

24 Force’’ after ‘‘member of a Reserve component’’. 
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1 (4) LIMITATION ON ENLISTED AIDES.—Section 

2 981 is amended— 

3 (A) in subsection (a), by striking ‘‘Marine 

4 Corps, Air Force,’’ and inserting ‘‘Air Force, 

5 Marine Corps, Space Force,’’; 

6 (B) in subsection (b), by striking ‘‘and Ma7 rine Corps’’ and inserting ‘‘Marine Corps, and 

8 Space Force’’; and 

9 (C) in subsection (c)(1), by inserting 

10 ‘‘Space Force,’’ after ‘‘Marine Corps,’’. 

11 (5) DEFINITION OF VETERAN FOR PURPOSES

12 OF FUNERAL HONORS.—Section 1491(h)(1) is 

13 amended by striking ‘‘or air service’’ and inserting 

14 ‘‘air, or space service’’. 

15 (6) HOUSING FOR RECRUITS.—Section 9419(d) 

16 is amended by inserting ‘‘or the Space Force’’ after 

17 ‘‘training program of the Air Force’’. 

18 (7) CHARTER OF CHIEF OF SPACE OPER19 ATIONS.—Section 9082 is amended as follows: 

20 (A) CROSS-REFERENCE CORRECTION.— 

21 Subsection (d)(5) is amended by striking ‘‘sec22 tions’’ and all that follows through ‘‘of law’’ 

23 and inserting ‘‘sections 171 and 3104 of this 

24 title and other provisions of law’’. 
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1 (B) ELAPSED-TIME PROVISION.—Sub2 section (e)(1) is amended by striking ‘‘Com3 mencing’’ and all that follows through ‘‘the 

4 Chief’’ and inserting ‘‘The Chief’’. 

5 SEC. 1852. OTHER PROVISIONS OF LAW. 

6 (a) TRADE ACT OF 1974.—Section 233(i)(1) of the 

7 Trade Act of 1974 (19 U.S.C. 2293(i)(1)) is amended by 

8 inserting ‘‘, or a member of the Space Force,’’ after ‘‘a 

9 member of a reserve component of the Armed Forces’’. 

10 (b) TITLE 28, UNITED STATES CODE (JUDICIARY

11 AND JUDICIAL PROCEDURE).—Section 631(c) of title 28, 

12 United States Code is amended by inserting ‘‘, members 

13 of the Space Force’’ before ‘‘, and members of the Army 

14 National Guard’’. 

15 (c) SERVICEMEMBERS CIVIL RELIEF ACT.—The 

16 Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) 

17 is amended as follows: 

18 (1) DEFINITION OF MILITARY SERVICE.—Sec19 tion 101(2)(A) (50 U.S.C. 3911(2)(A)) is amended 

20 by inserting ‘‘Space Force,’’ after ‘‘Marine Corps,’’. 

21 (2) SAME RIGHTS AND PROTECTIONS AS RE22 SERVES ORDERED TO REPORT FOR MILITARY SERV23 ICE.—Section 106 (50 U.S.C. 3917) is amended by 

24 adding at the end the following new subsection: 
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1 ‘‘(c) TREATMENT OF MEMBERS OF SPACE FORCE.— 

2 The provisions of subsection (a) apply to a member of the 

3 Space Force who is ordered to report for military service 

4 in the same manner as to a member of a reserve compo5 nent who is ordered to report for military service.’’. 

6 (3) EXERCISE OF RIGHTS UNDER SCRA.—Sec7 tion 108(5) (50 U.S.C. 3919(5)) is amended by in8 serting ‘‘or as a member of the Space Force’’ before 

9 the period at the end. 

10 DIVISION B—MILITARY CON11 STRUCTION AUTHORIZA12 TIONS 

13 SEC. 2001. SHORT TITLE. 

14 This division may be cited as the ‘‘Military Construc15 tion Authorization Act for Fiscal Year 2024’’. 

16 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

17 AMOUNTS REQUIRED TO BE SPECIFIED BY 

18 LAW. 

19 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

20 YEARS.—Except as provided in subsection (b), all author21 izations contained in titles XXI through XXVII for mili22 tary construction projects, land acquisition, family housing 

23 projects and facilities, and contributions to the North At24 lantic Treaty Organization Security Investment Program 
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1 (and authorizations of appropriations therefor) shall ex2 pire on the later of— 

3 (1) October 1, 2026; or 

4 (2) the date of the enactment of an Act author5 izing funds for military construction for fiscal year 

6 2027. 

7 (b) EXCEPTION.—Subsection (a) shall not apply to 

8 authorizations for military construction projects, land ac9 quisition, family housing projects and facilities, and con10 tributions to the North Atlantic Treaty Organization Se11 curity Investment Program (and authorizations of appro12 priations therefor), for which appropriated funds have 

13 been obligated before the later of— 

14 (1) October 1, 2026; or 

15 (2) the date of the enactment of an Act author16 izing funds for fiscal year 2027 for military con17 struction projects, land acquisition, family housing 

18 projects and facilities, or contributions to the North 

19 Atlantic Treaty Organization Security Investment 

20 Program. 

21 SEC. 2003. EFFECTIVE DATE. 

22 Titles XXI through XXVII shall take effect on the 

23 later of— 

24 (1) October 1, 2023; or 

25 (2) the date of the enactment of this Act. 
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1 TITLE XXI—ARMY MILITARY 

2 CONSTRUCTION 

3 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2103(a) and available for military con8 struction projects inside the United States as specified in 

9 the funding table in section 4601, the Secretary of the 

10 Army may acquire real property and carry out military 

11 construction projects for the installations or locations in12 side the United States, and in the amounts, set forth in 

13 the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ............................ Redstone Arsenal .................................................. $50,000,000 

Georgia ............................. Fort Eisenhower ................................................... $163,000,000 

Hawaii .............................. Aliamanu Military Reservation ............................. $20,000,000 

Fort Shafter .......................................................... $23,000,000 

Helemano Military Reservation ............................ $33,000,000 

Schofield Barracks ................................................ $37,000,000 

Kansas .............................. Fort Riley .............................................................. $105,000,000 

Kentucky .......................... Fort Campbell ....................................................... $38,000,000 

Louisiana .......................... Fort Johnson ........................................................ $13,400,000 

Massachusetts ................... Soldier Systems Center Natick ............................. $18,500,000 

Michigan ........................... Detroit Arsenal ..................................................... $72,000,000 

North Carolina ................. Fort Liberty .......................................................... $154,500,000 

Pennsylvania ..................... Letterkenny Army Depot ...................................... $89,000,000 

Texas ................................ Fort Bliss .............................................................. $74,000,000 

Red River Army Depot ......................................... $113,000,000 

Washington ....................... Joint Base Lewis-McChord ................................... $100,000,000 

14 (b) OUTSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2103(a) and available for military con17 struction projects outside the United States as specified 
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1 in the funding table in section 4601, the Secretary of the 

2 Army may acquire real property and carry out military 

3 construction projects for the installations or locations out4 side the United States, and in the amounts, set forth in 

5 the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Germany ........................... Grafenwoehr .......................................................... $10,400,000 

Hohenfels .............................................................. $56,000,000 

6 (c) PROTOTYPE PROJECT.—Using amounts appro7 priated pursuant to the authorization of appropriations in 

8 section 2103(a) and available for military construction 

9 projects as specified in the funding table in section 4601, 

10 the Secretary of the Army may carry out a military con11 struction project for the installation, and in the amount, 

12 set forth in the following table as a prototype project 

13 under the pilot program under section 4022(i) of title 10, 

14 United States Code, notwithstanding subchapters I and 

15 III of chapter 169 and chapters 221 and 223 of title 10, 

16 United States Code: 

Army Prototype Project 

State Installation Amount 

North Carolina ................. Fort Liberty .......................................................... $85,000,000 

17 SEC. 2102. FAMILY HOUSING. 

18 (a) CONSTRUCTION AND ACQUISITION.—Using 

19 amounts appropriated pursuant to the authorization of ap20 propriations in section 2103(a) and available for military 
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1 family housing functions as specified in the funding table 

2 in section 4601, the Secretary of the Army may construct 

3 or acquire family housing units (including land acquisition 

4 and supporting facilities) at the installations or locations, 

5 in the number of units, and in the amounts set forth in 

6 the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Germany ....... Baumholder ............................ Family Housing 

New Construction ................. $78,746,000 

Kwajalein ...... Kwajalein Atoll ....................... Family Housing 

Replacement 

Construction ... $98,600,000 

7 (b) IMPROVEMENTS TO MILITARY FAMILY HOUSING

8 UNITS.—Subject to section 2825 of title 10, United States 

9 Code, and using amounts appropriated pursuant to the 

10 authorization of appropriations in section 2103(a) and 

11 available for military family housing functions as specified 

12 in the funding table in section 4601, the Secretary of the 

13 Army may improve existing military family housing units 

14 in an amount not to exceed $100,000,000. 

15 (c) PLANNING AND DESIGN.—Using amounts appro16 priated pursuant to the authorization of appropriations in 

17 section 2103(a) and available for military family housing 

18 functions as specified in the funding table in section 4601, 

19 the Secretary of the Army may carry out architectural and 

20 engineering services and construction design activities 
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1 with respect to the construction or improvement of family 

2 housing units in an amount not to exceed $27,549,000. 

3 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

5 are hereby authorized to be appropriated for fiscal years 

6 beginning after September 30, 2023, for military con7 struction, land acquisition, and military family housing 

8 functions of the Department of the Army as specified in 

9 the funding table in section 4601. 

10 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and 

13 any other cost variation authorized by law, the total cost 

14 of all projects carried out under section 2101 of this Act 

15 may not exceed the total amount authorized to be appro16 priated under subsection (a), as specified in the funding 

17 table in section 4601. 

18 SEC. 2104. EXTENSION OF AUTHORITY TO USE CASH PAY19 MENTS IN SPECIAL ACCOUNT FROM LAND 

20 CONVEYANCE, NATICK SOLDIER SYSTEMS 

21 CENTER, MASSACHUSETTS. 

22 Section 2844(c)(2)(C) of the Military Construction 

23 Authorization Act for Fiscal Year 2018 (division B of 

24 Public Law 115–91; 131 Stat. 1865) is amended by strik25 ing ‘‘October 1, 2025’’ and inserting ‘‘October 1, 2027’’. 
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1 SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT FIS2 CAL YEAR 2018 PROJECT AT KUNSAN AIR 

3 BASE, KOREA. 

4 (a) EXTENSION.—Notwithstanding section 2002 of 

5 the Military Construction Authorization Act for Fiscal 

6 Year 2018 (division B of Public Law 115–91; 131 Stat. 

7 1817), the authorization set forth in the table in sub8 section (b), as provided in section 2101(b) of that Act 

9 (131 Stat. 1819) and extended and modified by sub10 sections (a) and (b) of section 2106 of the Military Con11 struction Act for Fiscal Year 2023 (division B of Public 

12 Law 117–263), shall remain in effect until October 1, 

13 2024, or the date of the enactment of an Act authorizing 

14 funds for military construction for fiscal year 2025, which15 ever is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

Army: Extension of 2018 Project Authorization 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Korea .............. Kunsan Air Base ......... Unmanned Aerial 

Vehicle Hangar ... $53,000,000 

18 SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CER19 TAIN FISCAL YEAR 2019 PROJECTS. 

20 (a) ARMY CONSTRUCTION AND LAND ACQUISI21 TION.— 
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1 (1) EXTENSION.—Notwithstanding section 

2 2002 of the Military Construction Authorization Act 

3 for Fiscal Year 2019 (division B of Public Law 115– 

4 232; 132 Stat. 2240), the authorizations set forth in 

5 the table in paragraph (2), as provided in section 

6 2101 of that Act (132 Stat. 2241), shall remain in 

7 effect until October 1, 2024, or the date of the en8 actment of an Act authorizing funds for military 

9 construction for fiscal year 2025, whichever is later. 

10 (2) TABLE.—The table referred to in paragraph 

11 (1) is as follows: 

Army: Extension of 2019 Project Authorizations 

State/ 

Country 

Installation or 

Location Project 

Original Authorized 

Amount 

Korea .............. Camp Tango ................ Command and Control Facility ......... $17,500,000 

Maryland ........ Fort Meade .................. Cantonment Area 

Roads .................. $16,500,000 

12 (b) OVERSEAS CONTINGENCY OPERATIONS.— 

13 (1) EXTENSION.—Notwithstanding section 

14 2002 of the Military Construction Authorization Act 

15 for Fiscal Year 2019 (division B of Public Law 115– 

16 232; 132 Stat. 2240), the authorizations set forth in 

17 the table in paragraph (2), as provided in section 

18 2901 of that Act (132 Stat. 2286), shall remain in 

19 effect until October 1, 2024, or the date of the en20 actment of an Act authorizing funds for military 

21 construction for fiscal year 2025, whichever is later. 
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1 (2) TABLE.—The table referred to in paragraph 

2 (1) is as follows: 

Army: Extension of 2019 Project Authorizations 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Bulgaria ......... Nevo Selo FOS ............ EDI: Ammunition 

Holding Area ....... $5,200,000 

Romania ......... Mihail Kogalniceanu 

FOS ......................... EDI: Explosives & 

Ammo Load/Unload Apron. .......... $21,651,000 

3 SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CER4 TAIN FISCAL YEAR 2021 PROJECTS. 

5 (a) ARMY CONSTRUCTION AND LAND ACQUISI6 TION.— 

7 (1) EXTENSION.—Notwithstanding section 

8 2002 of the Military Construction Authorization Act 

9 for Fiscal Year 2021 (division B of Public Law 116– 

10 283; 134 Stat. 4294), the authorizations set forth in 

11 the table in paragraph (2), as provided in section 

12 2101(a) of that Act (134 Stat. 4295), shall remain 

13 in effect until October 1, 2024, or the date of the 

14 enactment of an Act authorizing funds for military 

15 construction for fiscal year 2025, whichever is later. 

16 (2) TABLE.—The table referred to in paragraph 

17 (1) is as follows: 

Army: Extension of 2021 Project Authorizations 

State Installation or 

Location Project 

Original Authorized 

Amount 

Arizona ........... Yuma Proving Ground Ready Building ....... $14,000,000 
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Army: Extension of 2021 Project Authorizations—Continued 

State Installation or 

Location Project 

Original Authorized 

Amount 

Georgia ........... Fort Gillem .................. Forensic Lab ........... $71,000,000 

Louisiana ....... Fort Johnson ............... Information Systems 

Facility ................ $25,000,000 

1 (b) CHILD DEVELOPMENT CENTER, GEORGIA.— 

2 (1) EXTENSION.—Notwithstanding section 

3 2002 of the Military Construction Authorization Act 

4 for Fiscal Year 2021 (division B of Public Law 116– 

5 283; 134 Stat. 4294), the authorization under sec6 tion 2865 of that Act (10 U.S.C. 2802 note) for the 

7 project described in paragraph (2) in Fort Eisen8 hower, Georgia, shall remain in effect until October 

9 1, 2024, or the date of the enactment of an Act au10 thorizing funds for military construction for fiscal 

11 year 2025, whichever is later. 

12 (2) PROJECT DESCRIBED.—The project de13 scribed in this paragraph is the following: 

Army: Extension of 2021 Project Authorization 

State Installation or 

Location Project 

Original Authorized 

Amount 

Georgia ........... Fort Eisenhower .......... Child Development 

Center .................. $21,000,000 
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1 TITLE XXII—NAVY MILITARY 

2 CONSTRUCTION 

3 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2203(a) and available for military con8 struction projects inside the United States as specified in 

9 the funding table in section 4601, the Secretary of the 

10 Navy may acquire real property and carry out military 

11 construction projects for the installations or locations in12 side the United States, and in the amounts, set forth in 

13 the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

California ................. Marine Corps Air Ground Combat Center 

Twentynine Palms.

$42,100,000 

.................................. Port Hueneme .............................................. $110,000,000 

Connecticut .............. Naval Submarine Base New London ........... $331,718,000 

District of Columbia Marine Barracks Washington ...................... $131,800,000 

Florida ..................... Naval Air Station Whiting Field ................. $141,500,000 

Guam ....................... Andersen Air Force Base ............................. $497,620,000 

.................................. Joint Region Marianas ................................. $174,540,000 

.................................. Naval Base Guam ........................................ $946,500,000 

Hawaii ..................... Marine Corps Base Kaneohe Bay ................ $227,350,000 

Maryland .................. Fort Meade .................................................. $186,480,000 

.................................. Naval Air Station Patuxent River ............... $141,700,000 

North Carolina ........ Marine Corps Air Station Cherry Point ...... $270,150,000 

.................................. Marine Corps Base Camp Lejeune .............. $183,780,000 

Pennsylvania ............ Naval Surface Warfare Center Philadelphia $88,200,000 

Virginia .................... Dam Neck Annex ......................................... $109,680,000 

.................................. Joint Expeditionary Base Little Creek - 

Fort Story.

$35,000,000 

.................................. Marine Corps Base Quantico ....................... $127,120,000 

.................................. Naval Station Norfolk .................................. $158,095,000 

.................................. Naval Weapons Station Yorktown ............... $221,920,000 

Washington .............. Naval Base Kitsap ....................................... $245,000,000 

14 (b) OUTSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria-
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1 tions in section 2203(a) and available for military con2 struction projects outside the United States as specified 

3 in the funding table in section 4601, the Secretary of the 

4 Navy may acquire real property and carry out military 

5 construction projects for the installations or locations out6 side the United States, and in the amounts, set forth in 

7 the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Djibouti .................... Camp Lemonnier .......................................... $106,600,000 

Italy ......................... Naval Air Station Sigonella ......................... $77,072,000 

8 (c) PROTOTYPE PROJECT.—Using amounts appro9 priated pursuant to the authorization of appropriations in 

10 section 2203(a) and available for military construction 

11 projects as specified in the funding table in section 4601, 

12 the Secretary of the Navy may carry out a military con13 struction project for the installation, and in the amount, 

14 set forth in the following table as a prototype project 

15 under the pilot program under section 4022(i) of title 10, 

16 United States Code, notwithstanding subchapters I and 

17 III of chapter 169 and chapters 221 and 223 of title 10, 

18 United States Code: 

Navy Prototype Project 

State Installation Amount 

Virginia .................... Joint Expeditionary Base Little Creek - 

Fort Story.

$35,000,000 
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1 SEC. 2202. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2203(a) and available for military 

5 family housing functions as specified in the funding table 

6 in section 4601, the Secretary of the Navy may construct 

7 or acquire family housing units (including land acquisition 

8 and supporting facilities) at the installations or locations, 

9 in the number of units, and in the amounts set forth in 

10 the following table: 

Navy: Family Housing 

Country Installation or 

Location Units Amount 

Guam .............. Joint Region 

Marianas.

Replace Andersen Housing 

Ph 8.

$121,906,000 

........................ Mariana Islands .. Replace Andersen Housing 

(AF) PH7.

$83,126,000 

11 (b) IMPROVEMENTS TO MILITARY FAMILY HOUSING

12 UNITS.—Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2203(a) and 

15 available for military family housing functions as specified 

16 in the funding table in section 4601, the Secretary of the 

17 Navy may improve existing military family housing units 

18 in an amount not to exceed $57,740,000. 

19 (c) PLANNING AND DESIGN.—Using amounts appro20 priated pursuant to the authorization of appropriations in 

21 section 2203(a) and available for military family housing 
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1 functions as specified in the funding table in section 4601, 

2 the Secretary of the Navy may carry out architectural and 

3 engineering services and construction design activities 

4 with respect to the construction or improvement of family 

5 housing units in an amount not to exceed $14,370,000. 

6 SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

8 are hereby authorized to be appropriated for fiscal years 

9 beginning after September 30, 2023, for military con10 struction, land acquisition, and military family housing 

11 functions of the Department of the Navy, as specified in 

12 the funding table in section 4601. 

13 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

14 PROJECTS.—Notwithstanding the cost variations author15 ized by section 2853 of title 10, United States Code, and 

16 any other cost variation authorized by law, the total cost 

17 of all projects carried out under section 2201 of this Act 

18 may not exceed the total amount authorized to be appro19 priated under subsection (a), as specified in the funding 

20 table in section 4601. 

21 SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CER22 TAIN FISCAL YEAR 2019 PROJECTS. 

23 (a) NAVY CONSTRUCTION AND LAND ACQUISITION

24 PROJECTS.— 
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†S 2226 ES

1 (1) EXTENSION.—Notwithstanding section 

2 2002 of the Military Construction Authorization Act 

3 for Fiscal Year 2019 (division B of Public Law 115– 

4 232; 132 Stat. 2240), the authorizations set forth in 

5 the table in paragraph (2), as provided in section 

6 2201 of that Act (132 Stat. 2243), shall remain in 

7 effect until October 1, 2024, or the date of the en8 actment of an Act authorizing funds for military 

9 construction for fiscal year 2025, whichever is later. 

10 (2) TABLE.—The table referred to in paragraph 

11 (1) is as follows: 

Navy: Extension of 2019 Project Authorizations 

State/Country Installation or 

Location Project 

Original Authorized 

Amount 

Bahrain .......... SW Asia .............. Fleet Maintenance Facility 

& TOC.

$26,340,000 

North Carolina Marine Corps 

Base Camp 

Lejeune.

2nd Radio BN Complex, 

Phase 2.

$51,300,000 

South Carolina Marine Corps Air 

Station Beaufort.

Recycling/Hazardous 

Waste Facility.

$9,517,000 

Washington .... Bangor ................ Pier and Maintenance Facility.$88,960,000 

12 (b) LAUREL BAY FIRE STATION, SOUTH CARO13 LINA.— 

14 (1) EXTENSION.—Notwithstanding section 

15 2002 of the Military Construction Authorization Act 

16 for Fiscal Year 2019 (division B of Public Law 115– 

17 232; 132 Stat. 2240), the authorization under sec18 tion 2810 of that Act (132 Stat. 2266) for the 

19 project described in paragraph (2) shall remain in 
1315 

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1 effect until October 1, 2024, or the date of the en2 actment of an Act authorizing funds for military 

3 construction for fiscal year 2025, whichever is later. 

4 (2) PROJECT DESCRIBED.—The project de5 scribed in this paragraph is the following:: 

Navy: Extension of 2019 Project Authorization 

State Installation or 

Location Project 

Original Authorized 

Amount 

South Carolina Marine Corps Air 

Station Beaufort.

Laurel Bay Fire Station ... $10,750,000 

6 (c) OVERSEAS CONTINGENCY OPERATIONS.— 

7 (1) EXTENSION.—Notwithstanding section 

8 2002 of the Military Construction Authorization Act 

9 for Fiscal Year 2019 (division B of Public Law 115– 

10 232; 132 Stat. 2240), the authorization set forth in 

11 the table in paragraph (2), as provided in section 

12 2902 of that Act (132 Stat. 2286), shall remain in 

13 effect until October 1, 2024, or the date of the en14 actment of an Act authorizing funds for military 

15 construction for fiscal year 2025, whichever is later. 

16 (2) TABLE.—The table referred to in paragraph 

17 (1) is as follows: 

Navy: Extension of 2019 Project Authorizations 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Greece ............ Naval Support 

Activity Souda 

Bay.

EDI: Joint Mobility Processing Center.$41,650,000 
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1 SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CER2 TAIN FISCAL YEAR 2021 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2021 (division B of Public Law 116–283; 134 Stat. 

6 4294), the authorizations set forth in the table in sub7 section (b), as provided in section 2201 of that Act (134 

8 Stat. 4297), shall remain in effect until October 1, 2024, 

9 or the date of the enactment of an Act authorizing funds 

10 for military construction for fiscal year 2025, whichever 

11 is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is as follows: 

Navy: Extension of 2021 Project Authorizations 

State/Country Installation or 

Location Project 

Original Authorized 

Amount 

California ....... Twentynine 

Palms.

Wastewater Treatment 

Plant.

$76,500,000 

Guam .............. Joint Region 

Marianas.

Joint Communication Upgrade.$166,000,000 

Maine ............. NCTAMS LANT 

Detachment 

Cutler.

Perimeter Security ............ $26,100,000 

Nevada ........... Fallon ................. Range Training Complex, 

Phase I.

$29,040,000 

14 TITLE XXIII—AIR FORCE 

15 MILITARY CONSTRUCTION 

16 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

17 LAND ACQUISITION PROJECTS. 

18 (a) INSIDE THE UNITED STATES.—Using amounts 

19 appropriated pursuant to the authorization of appropria-
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†S 2226 ES

1 tions in section 2303(a) and available for military con2 struction projects inside the United States as specified in 

3 the funding table in section 4601, the Secretary of the 

4 Air Force may acquire real property and carry out mili5 tary construction projects for the installations or locations 

6 inside the United States, and in the amounts, set forth 

7 in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Florida ....................... MacDill Air Force Base ............................... $131,000,000 

.................................... Patrick Space Force Base ............................ $27,000,000 

Tyndall Air Force Base ............................... $252,000,000 

Georgia Robins Air Force Base ................................. $115,000,000 

Guam ......................... Joint Region Marianas ................................. $411,000,000 

Massachusetts ............ Hanscom Air Force Base ............................. $37,000,000 

Mississippi ................. Columbus Air Force Base ............................ $39,500,000 

South Dakota ............ Ellsworth Air Force Base ............................ $235,000,000 

Texas ......................... Joint Base San Antonio-Lackland ............... $20,000,000 

Utah ........................... Hill Air Force Base ..................................... $82,000,000 

Wyoming .................... F.E. Warren Air Force Base ....................... $85,000,000 

8 (b) OUTSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2303(a) and available for military con11 struction projects outside the United States as specified 

12 in the funding table in section 4601, the Secretary of the 

13 Air Force may acquire real property and carry out mili14 tary construction projects for the installations or locations 

15 outside the United States, and in the amounts, set forth 

16 in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Australia .................... Royal Australian Air Force Base Darwin ... $26,000,000 

.................................... Royal Australian Air Force Base Tindal ..... $130,500,000 

Norway ...................... Rygge Air Station ........................................ $119,000,000 

Philippines ................. Cesar Basa Air Base .................................... $35,000,000 
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Air Force: Outside the United States—Continued 

Country Installation or Location Amount 

Spain .......................... Moro ́n Air Base ............................................ $26,000,000 

United Kingdom ........ Royal Air Force Fairford ............................. $47,000,000 

.................................... Royal Air Force Lakenheath ....................... $78,000,000 

1 (c) PROTOTYPE PROJECT.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2303(a) and available for military construction 

4 projects as specified in the funding table in section 4601, 

5 the Secretary of the Air Force may carry out a military 

6 construction project for the installation, and in the 

7 amount, set forth in the following table as a prototype 

8 project under the pilot program under section 4022(i) of 

9 title 10, United States Code, notwithstanding subchapters 

10 I and III of chapter 169 and chapters 221 and 223 of 

11 title 10, United States Code: 

Air Force Prototype Project 

State Installation Amount 

Massachusetts ............ Hanscom Air Force Base ............................. $37,000,000 

12 SEC. 2302. FAMILY HOUSING. 

13 (a) IMPROVEMENTS TO MILITARY FAMILY HOUSING

14 UNITS.—Subject to section 2825 of title 10, United States 

15 Code, and using amounts appropriated pursuant to the 

16 authorization of appropriations in section 2303(a) and 

17 available for military family housing functions as specified 

18 in the funding table in section 4601, the Secretary of the 
1319 

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1 Air Force may improve existing military family housing 

2 units in an amount not to exceed $229,282,000. 

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in 

5 section 2303(a) and available for military family housing 

6 functions as specified in the funding table in section 4601, 

7 the Secretary of the Air Force may carry out architectural 

8 and engineering services and construction design activities 

9 with respect to the construction or improvement of family 

10 housing units in an amount not to exceed $7,815,000. 

11 SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR 

12 FORCE. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for fiscal years 

15 beginning after September 30, 2023, for military con16 struction, land acquisition, and military family housing 

17 functions of the Department of the Air Force, as specified 

18 in the funding table in section 4601. 

19 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

20 PROJECTS.—Notwithstanding the cost variations author21 ized by section 2853 of title 10, United States Code, and 

22 any other cost variation authorized by law, the total cost 

23 of all projects carried out under section 2301 of this Act 

24 may not exceed the total amount authorized to be appro-
1320 

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1 priated under subsection (a), as specified in the funding 

2 table in section 4601. 

3 SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CER4 TAIN FISCAL YEAR 2017 PROJECTS. 

5 (a) AIR FORCE CONSTRUCTION AND LAND ACQUISI6 TION PROJECTS.— 

7 (1) EXTENSION.—Notwithstanding section 

8 2002 of the Military Construction Authorization Act 

9 for Fiscal Year 2017 (division B of Public Law 114– 

10 328; 130 Stat. 2688), the authorizations set forth in 

11 the table in paragraph (2), as provided in section 

12 2301(b) of that Act (130 Stat. 2697) and extended 

13 by section 2304 of the Military Construction Author14 ization Act for Fiscal Year 2022 (division B of Pub15 lic Law 117–181; 135 Stat. 2169), shall remain in 

16 effect until October 1, 2024, or the date of the en17 actment of an Act authorizing funds for military 

18 construction for fiscal year 2025, whichever is later. 

19 (2) TABLE.—The table referred to in paragraph 

20 (1) is as follows: 

Air Force: Extension of 2017 Project Authorizations 

Country Installation or 

Location Project 

Original 

Authorized 

Amount 

Germany ......... Ramstein Air Base ...... 37 AS Squadron Operations/Aircraft 

Maintenance Unit $13,437,000 

........................ Spangdahlem Air Base Upgrade Hardened 

Aircraft Shelters 

for F/A–22 .......... $2,700,000 
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Air Force: Extension of 2017 Project Authorizations—Continued 

Country Installation or 

Location Project 

Original 

Authorized 

Amount 

Japan ............. Yokota Air Force Base C–130J Corrosion 

Control Hangar ... $23,777,000 

1 (b) OVERSEAS CONTINGENCY OPERATIONS.— 

2 (1) EXTENSION.—Notwithstanding section 

3 2002 of the Military Construction Authorization Act 

4 for Fiscal Year 2017 (division B of Public Law 114– 

5 328; 130 Stat. 2688), the authorization set forth in 

6 the table in paragraph (2), as provided in section 

7 2902 of that Act (130 Stat. 2743) and extended by 

8 section 2304 of the Military Construction Authoriza9 tion Act for Fiscal Year 2022 (division B of Public 

10 Law 117–181; 135 Stat. 2169), shall remain in ef11 fect until October 1, 2024, or the date of the enact12 ment of an Act authorizing funds for military con13 struction for fiscal year 2025, whichever is later. 

14 (2) TABLE.—The table referred to in paragraph 

15 (1) is as follows: 

Air Force: Extension of 2017 Project Authorizations 

Country Installation or 

Location Project 

Original 

Authorized 

Amount 

Germany ......... Spangdahlem Air Base F/A–22 Low Observable/Composite 

Repair Facility .... $12,000,000 
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1 SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CER2 TAIN FISCAL YEAR 2018 PROJECTS. 

3 (a) AIR FORCE CONSTRUCTION AND LAND ACQUISI4 TION PROJECTS.— 

5 (1) EXTENSION.—Notwithstanding section 

6 2002 of the Military Construction Authorization Act 

7 for Fiscal Year 2018 (division B of Public Law 115– 

8 91; 131 Stat. 1817), the authorization set forth in 

9 the table in paragraph (2), as provided in section 

10 2301(a) of that Act (131 Stat. 1825) and extended 

11 by section 2304(a) of the Military Construction Au12 thorization Act for Fiscal Year 2023 (division B of 

13 Public Law 117–263), shall remain in effect until 

14 October 1, 2024, or the date of the enactment of an 

15 Act authorizing funds for military construction for 

16 fiscal year 2025, whichever is later. 

17 (2) TABLE.—The table referred to in paragraph 

18 (1) is as follows: 

Air Force: Extension of 2018 Project Authorizations 

State Installation or 

Location Project 

Original 

Authorized 

Amount 

Florida ........... Tyndall Air Force Base Fire Station ............ $17,000,000 

19 (b) OVERSEAS CONTINGENCY OPERATIONS.— 

20 (1) EXTENSION.—Notwithstanding section 

21 2002 of the Military Construction Authorization Act 

22 for Fiscal Year 2018 (division B of Public Law 115– 
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1 91; 131 Stat. 1817), the authorizations set forth in 

2 the table in paragraph (2), as provided in section 

3 2903 of that Act (131 Stat. 1876) and extended by 

4 section 2304(b) of the Military Construction Author5 ization Act for Fiscal Year 2023 (division B of Pub6 lic Law 117–263), shall remain in effect until Octo7 ber 1, 2024, or the date of the enactment of an Act 

8 authorizing funds for military construction for fiscal 

9 year 2025, whichever is later. 

10 (2) TABLE.—The table referred to in paragraph 

11 (1) is as follows: 

Air Force: Extension of 2018 Project Authorizations 

Country Installation or 

Location Project 

Original 

Authorized 

Amount 

Hungary ......... Kecskemet Air Base .... ERI: Airfield Upgrades .................. $12,900,000 

........................ Kecskemet Air Base .... ERI: Construct Parallel Taxiway ....... $30,000,000 

........................ Kecskemet Air Base .... ERI: Increase POL 

Storage Capacity $12,500,000 

Luxembourg ... Sanem .......................... ERI: ECAOS 

Deployable Airbase System Storage. ...................... $67,400,000 

Slovakia .......... Malacky ........................ ERI: Airfield Upgrades .................. $4,000,000 

........................ Malacky ........................ ERI: Increase POL 

Storage Capacity $20,000,000 

12 SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CER13 TAIN FISCAL YEAR 2019 PROJECTS. 

14 (a) AIR FORCE CONSTRUCTION AND LAND ACQUISI15 TION PROJECTS.— 

16 (1) EXTENSION.—Notwithstanding section 

17 2002 of the Military Construction Authorization Act 
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1 for Fiscal Year 2019 (division B of Public Law 115– 

2 232; 132 Stat. 2240), the authorizations set forth in 

3 the table in paragraph (2), as provided in section 

4 2301 of that Act (132 Stat. 2246), shall remain in 

5 effect until October 1, 2024, or the date of the en6 actment of an Act authorizing funds for military 

7 construction for fiscal year 2025, whichever is later. 

8 (2) TABLE.—The table referred to in paragraph 

9 (1) is as follows: 

Air Force: Extension of 2019 Project Authorizations 

State/ 

Country 

Installation or 

Location Project 

Original 

Authorized 

Amount 

Mariana Islands ........... Tinian .......................... APR-Cargo Pad 

with Taxiway Extension. ................ $46,000,000 

........................ Tinian .......................... APR-Maintenance 

Support Facility .. $4,700,000 

Maryland ........ Joint Base Andrews ..... Child Development 

Center .................. $13,000,000 

........................ Joint Base Andrews ..... PAR Relocate Haz 

Cargo Pad and 

EOD Range. ........ $37,000,000 

New Mexico .... Holloman Air Force 

Base ......................... MQ–9 FTU Ops Facility ..................... $85,000,000 

........................ Kirtland Air Force 

Base ......................... Wyoming Gate Upgrade for AntiTerrorism Compliance ..................... $7,000,000 

United Kingdom ............. Royal Air Force 

Lakenheath .............. F–35 ADAL Conventional Munitions MX ............. $9,204,000 

Utah ............... Hill Air Force Base ..... Composite Aircraft 

Antenna Calibration Fac. .............. $26,000,000 

10 (b) OVERSEAS CONTINGENCY OPERATIONS.— 

11 (1) EXTENSION.—Notwithstanding section 

12 2002 of the Military Construction Authorization Act 
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1 for Fiscal Year 2019 (division B of Public Law 115– 

2 232; 132 Stat. 2240), the authorizations set forth in 

3 the table in paragraph (2), as provided in section 

4 2903 of that Act (132 Stat. 2287), shall remain in 

5 effect until October 1, 2024, or the date of the en6 actment of an Act authorizing funds for military 

7 construction for fiscal year 2025, whichever is later. 

8 (2) TABLE.—The table referred to in paragraph 

9 (1) is as follows: 

Air Force: Extension of 2019 Project Authorizations 

Country Installation or 

Location Project 

Original 

Authorized 

Amount 

Slovakia .......... Malacky ........................ EDI: Regional Munitions Storage 

Area ..................... $59,000,000 

United Kingdom ............. RAF Fairford .............. EDI: Construct 

DABS–FEV Storage ....................... $87,000,000 

........................ RAF Fairford .............. EDI: Munitions 

Holding Area ....... $19,000,000 

10 SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT CER11 TAIN FISCAL YEAR 2021 PROJECTS. 

12 (a) AIR FORCE CONSTRUCTION AND LAND ACQUISI13 TION PROJECT.— 

14 (1) EXTENSION.—Notwithstanding section 

15 2002 of the Military Construction Authorization Act 

16 for Fiscal Year 2021 (division B of Public Law 116– 

17 283; 134 Stat. 4294), the authorization set forth in 

18 the table in paragraph (2), as provided in section 

19 2301 of that Act (134 Stat. 4299), shall remain in 
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1 effect until October 1, 2024, or the date of the en2 actment of an Act authorizing funds for military 

3 construction for fiscal year 2025, whichever is later. 

4 (2) TABLE.—The table referred to in paragraph 

5 (1) is as follows: 

Air Force: Extension of 2021 Project Authorization 

State Installation or 

Location Project 

Original 

Authorized 

Amount 

Virginia .......... Joint Base LangleyEustis ....................... Access Control Point 

Main Gate with 

Lang Acq. ............ $19,500,00 

6 (b) OVERSEAS CONTINGENCY OPERATIONS.— 

7 (1) EXTENSION.—Notwithstanding section 

8 2002 of the Military Construction Authorization Act 

9 for Fiscal Year 2021 (division B of Public Law 116– 

10 283; 134 Stat. 4294), the authorizations set forth in 

11 the table in paragraph (2), as provided in section 

12 2902 of that Act (134 Stat. 4373), shall remain in 

13 effect until October 1, 2024, or the date of the en14 actment of an Act authorizing funds for military 

15 construction for fiscal year 2025, whichever is later. 

16 (2) TABLE.—The table referred to in paragraph 

17 (1) is as follows: 

Air Force: Extension of 2021 Project Authorizations 

Country Installation or 

Location Project 

Original 

Authorized 

Amount 

Germany ......... Ramstein ...................... EDI: Rapid Airfield 

Damage Repair 

Storage ................ $36,345,000 
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Air Force: Extension of 2021 Project Authorizations—Continued 

Country Installation or 

Location Project 

Original 

Authorized 

Amount 

........................ Spangdahlem Air Base EDI: Rapid Airfield 

Damage Repair 

Storage ................ $25,824,000 

1 TITLE XXIV—DEFENSE AGEN2 CIES MILITARY CONSTRUC3 TION 

4 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC5 TION AND LAND ACQUISITION PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2403(a) and available for military con9 struction projects inside the United States as specified in 

10 the funding table in section 4601, the Secretary of De11 fense may acquire real property and carry out military 

12 construction projects for the installations or locations in13 side the United States, and in the amounts, set forth in 

14 the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alabama ................. Redstone Arsenal ..................................... $147,975,000 

California ............... Marine Corps Air Station Miramar ......... $103,000,000 

Naval Base Coronado ............................... $51,000,000 

Naval Base San Diego ............................. $101,644,000 

Delaware ................ Dover Air Force Base .............................. $30,500,000 

Maryland ............... Fort Meade ............................................... $885,000,000 

Joint Base Andrews ................................. $38,300,000 

Montana ................ Great Falls International Airport ............ $30,000,000 

North Carolina ...... Marine Corps Base Camp Lejeune .......... $70,000,000 

Utah ...................... Hill Air Force Base .................................. $14,200,000 

Virginia .................. Fort Belvoir .............................................. $185,000,000 

Joint Expeditionary Base Little Creek – 

Fort Story.

$61,000,000 

Pentagon .................................................. $30,600,000 
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Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

Washington ............ Joint Base Lewis – McChord ................... $62,000,000 

Manchester ............................................... $71,000,000 

Naval Undersea Warfare Center Keyport $37,000,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a) and available for military con4 struction projects outside the United States as specified 

5 in the funding table in section 4601, the Secretary of De6 fense may acquire real property and carry out military 

7 construction projects for the installations or locations out8 side the United States, and in the amounts, set forth in 

9 the following table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Cuba ................... Guantanamo Bay Naval Station ................... $257,000,000 

Germany ............. Baumholder ................................................... $57,700,000 

Ramstein Air Base ........................................ $181,764,000 

Honduras ............ Soto Cano Air Base ....................................... $41,300,000 

Japan .................. Kadena Air Base ........................................... $100,300,000 

Spain .................. Naval Station Rota ........................................ $80,000,000 

10 SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CON11 SERVATION INVESTMENT PROGRAM 

12 PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in section 2403(a) and available for energy conserva16 tion projects as specified in the funding table in section 

17 4601, the Secretary of Defense may carry out energy con-
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1 servation projects under chapter 173 of title 10, United 

2 States Code, for the installations or locations inside the 

3 United States, and in the amounts, set forth in the fol4 lowing table: 

ERCIP Projects: Inside the United States 

State Installation or Location Amount 

California ............... Marine Corps Air Station Miramar ......... $30,550,000 

Naval Base San Diego ............................. $6,300,000 

Vandenberg Space Force Base ................. $57,000,000 

Colorado ................ Buckley Space Force Base ....................... $14,700,000 

Georgia .................. Naval Submarine Base Kings Bay .......... $49,500,000 

Kansas ................... Forbes Field ............................................. $5,850,000 

Missouri ................. Lake City Army Ammunition Plant ........ $80,100,000 

Nebraska ............... Offutt Air Force Base .............................. $41,000,000 

North Carolina ...... Fort Liberty (Camp Mackall) .................. $10,500,000 

Oklahoma .............. Fort Sill .................................................... $76,650,000 

Puerto Rico ........... Fort Buchanan ......................................... $56,000,000 

Texas ..................... Fort Cavazos ............................................ $18,250,000 

Virginia .................. Pentagon .................................................. $2,250,000 

Washington ............ Joint Base Lewis – McChord ................... $49,850,000 

Wyoming ................ F.E. Warren Air Force Base ................... $25,000,000 

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2403(a) and available for energy conserva8 tion projects as specified in the funding table in section 

9 4601, the Secretary of Defense may carry out energy con10 servation projects under chapter 173 of title 10, United 

11 States Code, for the installations or locations outside the 

12 United States, and in the amounts, set forth in the fol13 lowing table: 

ERCIP Projects: Outside the United States 

Country Installation or Location Amount 

Korea .................. K–16 Air Base .............................................. $5,650,000 

Kuwait ................ Camp Buehring ............................................. $18,850,000 
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1 (c) IMPROVEMENT OF CONVEYED UTILITY SYS2 TEMS.—In the case of a utility system that is conveyed 

3 under section 2688 of title 10, United States Code, and 

4 that only provides utility services to a military installation, 

5 notwithstanding subchapters I and III of chapter 169 and 

6 chapters 221 and 223 of title 10, United States Code, the 

7 Secretary of Defense or the Secretary of a military depart8 ment may authorize a contract with the conveyee of the 

9 utility system to carry out the military construction 

10 projects set forth in the following table: 

Improvement of Conveyed Utility Systems 

State Installation or Location Project 

Nebraska ............ Offutt Air Force Base ................................... Microgrid and 

Backup Power 

North Carolina ... Fort Liberty (Camp Mackall) ....................... Microgrid and 

Backup Power 

Texas .................. Fort Cavazos ................................................. Microgrid and 

Backup Power 

Washington ......... Joint Base Lewis – McChord ........................ Power Generation 

and Microgrid 

11 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE12 FENSE AGENCIES. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for fiscal years 

15 beginning after September 30, 2023, for military con16 struction, land acquisition, and military family housing 

17 functions of the Department of Defense (other than the 

18 military departments), as specified in the funding table 

19 in section 4601. 
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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and 

4 any other cost variation authorized by law, the total cost 

5 of all projects carried out under section 2401 of this Act 

6 may not exceed the total amount authorized to be appro7 priated under subsection (a), as specified in the funding 

8 table in section 4601. 

9 SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CER10 TAIN FISCAL YEAR 2018 PROJECTS. 

11 (a) EXTENSION.—Notwithstanding section 2002 of 

12 the Military Construction Authorization Act for Fiscal 

13 Year 2018 (division B of Public Law 115–91; 131 Stat. 

14 1817), the authorizations set forth in the table in sub15 section (b), as provided in section 2401(b) of that Act 

16 (131 Stat. 1829) and extended by section 2404 of the 

17 Military Construction Authorization Act for Fiscal Year 

18 2023 (division B of Public Law 117–263), shall remain 

19 in effect until October 1, 2024, or the date of the enact20 ment of an Act authorizing funds for military construction 

21 for fiscal year 2025, whichever is later. 

22 (b) TABLE.—The table referred to in subsection (a) 

23 is as follows: 
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Defense Agencies: Extension of 2018 Project Authorizations 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Japan ............. Iwakuni ............... Construct Bulk Storage 

Tanks PH 1 .................. $30,800,000 

Puerto Rico .... Punta Borinquen Ramey Unit School Replacement ...................... $61,071,000 

1 SEC. 2405. EXTENSION AND MODIFICATION OF AUTHORITY 

2 TO CARRY OUT CERTAIN FISCAL YEAR 2019 

3 PROJECTS. 

4 (a) EXTENSION.— 

5 (1) IN GENERAL.—Notwithstanding section 

6 2002 of the Military Construction Authorization Act 

7 for Fiscal Year 2019 (division B of Public Law 115– 

8 232; 132 Stat. 2240), the authorizations set forth in 

9 the table in paragraph (2), as provided in section 

10 2401(b) of that Act (132 Stat. 2249), shall remain 

11 in effect until October 1, 2024, or the date of the 

12 enactment of an Act authorizing funds for military 

13 construction for fiscal year 2025, whichever is later. 

14 (2) TABLE.—The table referred to in paragraph 

15 (1) is as follows: 

Defense Agencies: Extension of 2019 Project Authorizations 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Germany ......... Baumholder ........ SOF Joint Parachute Rigging Facility .................. $11,504,000 

Japan ............. Camp McTureous Betchel Elementary School $94,851,000 

Iwakuni ............... Fuel Pier ........................... $33,200,000 
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1 (b) MODIFICATION OF AUTHORITY TO CARRY OUT

2 FISCAL YEAR 2019 PROJECT IN BAUMHOLDER, GER3 MANY.— 

4 (1) MODIFICATION OF PROJECT AUTHORITY.— 

5 In the case of the authorization contained in the 

6 table in section 2401(b) of the Military Construction 

7 Authorization Act for Fiscal Year 2019 (division B 

8 of Public Law 115–232; 132 Stat. 2249) for 

9 Baumholder, Germany, for construction of a SOF 

10 Joint Parachute Rigging Facility, the Secretary of 

11 Defense may construct a 3,200 square meter facility. 

12 (2) MODIFICATION OF PROJECT AMOUNTS.— 

13 (A) DIVISION B TABLE.—The authoriza14 tion table in section 2401(b) of the Military 

15 Construction Defense Authorization Act for 

16 Fiscal Year 2019 (division B of Public Law 

17 115–232; 132 Stat. 2249), as extended pursu18 ant to subsection (a), is amended in the item 

19 relating to Baumholder, Germany, by striking 

20 ‘‘$11,504,000’’ and inserting ‘‘$23,000,000’’ to 

21 reflect the project modification made by para22 graph (1). 

23 (B) DIVISION D TABLE.—The funding 

24 table in section 4601 of the John S. McCain 

25 National Defense Authorization Act for Fiscal 
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1 Year 2019 (Public Law 115–232; 132 Stat. 

2 2406) is amended in the item relating to De3 fense-wide, Baumholder, Germany, SOF Joint 

4 Parachute Rigging Facility, by striking 

5 ‘‘$11,504’’ in the Conference Authorized col6 umn and inserting ‘‘$23,000’’ to reflect the 

7 project modification made by paragraph (1). 

8 SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT CER9 TAIN FISCAL YEAR 2021 PROJECTS. 

10 (a) DEFENSE AGENCIES CONSTRUCTION AND LAND

11 ACQUISITION PROJECT.— 

12 (1) EXTENSION.—Notwithstanding section 

13 2002 of the Military Construction Authorization Act 

14 for Fiscal Year 2021 (division B of Public Law 116– 

15 283; 134 Stat. 4294), the authorization set forth in 

16 the table in paragraph (2), as provided in section 

17 2401(b) of that Act (134 Stat. 4305), shall remain 

18 in effect until October 1, 2024, or the date of the 

19 enactment of an Act authorizing funds for military 

20 construction for fiscal year 2025, whichever is later. 

21 (2) TABLE.—The table referred to in paragraph 

22 (1) is as follows: 

Defense Agencies: Extension of 2021 Project Authorization 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Japan ............. Def Fuel Support 

Point Tsurumi Fuel Wharf ........................ $49,500,000 
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1 (b) ENERGY RESILIENCE AND CONSERVATION IN2 VESTMENT PROGRAM PROJECTS.— 

3 (1) EXTENSION.—Notwithstanding section 

4 2002 of the Military Construction Authorization Act 

5 for Fiscal Year 2021 (division B of Public Law 116– 

6 283; 134 Stat. 4294), the authorizations set forth in 

7 the table in paragraph (2), as provided in section 

8 2402 of that Act (134 Stat. 4306), shall remain in 

9 effect until October 1, 2024, or the date of the en10 actment of an Act authorizing funds for military 

11 construction for fiscal year 2025, whichever is later. 

12 (2) TABLE.—The table referred to in subsection 

13 (a) is as follows: 

ERCIP Projects: Extension of 2021 Project Authorizations 

State/Country Installation or 

Location Project 

Original Authorized 

Amount 

Arkansas ........ Ebbing Air National Guard 

Base ................ PV Arrays and Battery 

Storage .......................... $2,600,000 

California ....... Marine Corps Air 

Ground Combat 

Center 

Twentynine 

Palms .............. Install 10 Mw Battery Energy Storage for Various 

Buildings ....................... $11,646,000 

Military Ocean 

Terminal Concord ................. Military Ocean Terminal 

Concord Microgrid ......... $29,000,000 

Naval Support 

Activity Monterey ................ Cogeneration Plant at 

B236 .............................. $10,540,000 

Italy ................ Naval Support 

Activity Naples Smart Grid ........................ $3,490,000 

Nevada ........... Creech Air Force 

Base ................ Central Standby Generators ................................ $32,000,000 
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ERCIP Projects: Extension of 2021 Project Authorizations— 

Continued 

State/Country Installation or 

Location Project 

Original Authorized 

Amount 

Virginia .......... Naval Medical 

Center Portsmouth .............. Retro Air Handling Units 

From Constant Volume; 

Reheat to Variable Air 

Volume .......................... $611,000 

1 SEC. 2407. ADDITIONAL AUTHORITY TO CARRY OUT CER2 TAIN FISCAL YEAR 2022 PROJECTS. 

3 In the case of a utility system that is conveyed under 

4 section 2688 of title 10, United States Code, and that only 

5 provides utility services to a military installation, notwith6 standing subchapters I and III of chapter 169 and chap7 ters 221 and 223 of title 10, United States Code, the Sec8 retary of Defense or the Secretary of a military depart9 ment may authorize a contract with the conveyee of the 

10 utility system to carry out the military construction 

11 projects set forth in the following table: 

Improvement of Conveyed Utility Systems 

State Installation or Location Project 

Alabama ............. Fort Novosel .................................................. Construct a 10 

MW RICE 

Generator Plant 

and Micro-Grid 

Controls 

Georgia ............... Fort Moore .................................................... Construct 4.8MW 

Generation and 

Microgrid 

Fort Stewart .................................................. Construct a 10 

MW Generation 

Plant, with 

Microgrid Controls 

New York ........... Fort Drum ..................................................... Well Field 

Expansion Project 
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Improvement of Conveyed Utility Systems—Continued 

State Installation or Location Project 

North Carolina ... Fort Liberty .................................................. Construct 10 MW 

Microgrid 

Utilizing Existing 

and New 

Generators 

Fort Liberty .................................................. Fort Liberty 

Emergency Water 

System 

1 SEC. 2408. ADDITIONAL AUTHORITY TO CARRY OUT CER2 TAIN FISCAL YEAR 2023 PROJECTS. 

3 In the case of a utility system that is conveyed under 

4 section 2688 of title 10, United States Code, and that only 

5 provides utility services to a military installation, notwith6 standing subchapters I and III of chapter 169 and chap7 ters 221 and 223 of title 10, United States Code, the Sec8 retary of Defense or the Secretary of a military depart9 ment may authorize a contract with the conveyee of the 

10 utility system to carry out the military construction 

11 projects set forth in the following table: 

Improvement of Conveyed Utility Systems 

State Installation or Location Project 

Georgia ............... Fort Stewart – Hunter Army Airfield .......... Power Generation 

and Microgrid 

Kansas ................ Fort Riley ...................................................... Power Generation 

and Microgrid 

Texas .................. Fort Cavazos ................................................. Power Generation 

and Microgrid 
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1 TITLE XXV—INTERNATIONAL 

2 PROGRAMS 

3 Subtitle A—North Atlantic Treaty 

4 Organization Security Invest5 ment Program 

6 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 The Secretary of Defense may make contributions for 

9 the North Atlantic Treaty Organization Security Invest10 ment Program as provided in section 2806 of title 10, 

11 United States Code, in an amount not to exceed the sum 

12 of the amount authorized to be appropriated for this pur13 pose in section 2502 and the amount collected from the 

14 North Atlantic Treaty Organization as a result of con15 struction previously financed by the United States. 

16 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal years beginning after September 30, 2023, for con19 tributions by the Secretary of Defense under section 2806 

20 of title 10, United States Code, for the share of the United 

21 States of the cost of projects for the North Atlantic Treaty 

22 Organization Security Investment Program authorized by 

23 section 2501 as specified in the funding table in section 

24 4601. 
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1 Subtitle B—Host Country In-kind 

2 Contributions 

3 SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION 

4 PROJECTS. 

5 Pursuant to agreement with the Republic of Korea 

6 for required in-kind contributions, the Secretary of De7 fense may accept military construction projects for the in8 stallations or locations in the Republic of Korea, and in 

9 the amounts, set forth in the following table: 

Republic of Korea Funded Construction Projects 

Component Installation or 

Location Project Amount 

Army .............. Camp Bonifas ..... Vehicle Maintenance Shop $7,700,000 

Army .............. Camp Carroll ...... Humidity-Controlled Warehouse.$189,000,000 

Army .............. Camp Humphreys Airfield Services Storage 

Warehouse.

$7,100,000 

Army .............. Camp Walker ...... Consolidated Fire and 

Military Police Station.

$48,000,000 

Army .............. Pusan .................. Warehouse Facility ........... $40,000,000 

Navy ............... Chinhae ............... Electrical Switchgear 

Building.

$6,000,000 

Air Force ........ Osan Air Base .... Consolidated Operations 

Group and Maintenance 

Group Headquarters.

$46,000,000 

Air Force ........ Osan Air Base .... Flight Line Dining Facility $6,800,000 

Air Force ........ Osan Air Base .... Reconnaissance Squadron 

Operations and Avionics 

Facility.

$30,000,000 

Air Force ........ Osan Air Base .... Repair Aircraft Maintenance Hangar B1732.$8,000,000 

Air Force ........ Osan Air Base .... Upgrade Electrical Distribution East, Phase 2.$46,000,000 

Air Force ........ Osan Air Base .... Water Supply Treatment 

Facility.

$22,000,000 

10 SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION 

11 PROJECTS. 

12 Pursuant to agreement with the Republic of Poland 

13 for required in-kind contributions, the Secretary of De14 fense may accept military construction projects for the in-
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1 stallations or locations in the Republic of Poland, and in 

2 the amounts, set forth in the following table: 

Republic of Poland Funded Construction Projects 

Country Installation or 

Location Project Amount 

Army .............. Powidz ................ Barracks and Dining Facility.$93,000,000 

Army .............. Powidz ................ Rotary Wing Aircraft 

Apron.

$35,000,000 

Army .............. Swietoszow .......... Bulk Fuel Storage ............ $35,000,000 

Army .............. Swietoszow .......... Rail Extension and Railhead.$7,300,000 

Air Force ........ Wroclaw .............. Aerial Port of Debarkation 

Ramp.

$59,000,000 

Air Force ........ Wroclaw .............. Taxiways to Aerial Port of 

Debarkation Ramp.

$39,000,000 

Defense-wide .. Lubliniec ............. Special Operations Forces 

Company Operations 

Facility.

$16,200,000 

3 TITLE XXVI—GUARD AND 

4 RESERVE FORCES FACILITIES 

5 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON6 STRUCTION AND LAND ACQUISITION 

7 PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2606 and available for 

10 the National Guard and Reserve as specified in the fund11 ing table in section 4601, the Secretary of the Army may 

12 acquire real property and carry out military construction 

13 projects for the Army National Guard locations inside the 

14 United States, and in the amounts, set forth in the fol15 lowing table: 

Army National Guard 

State Location Amount 

Arizona .................... Surprise Readiness Center ........................... $15,000,000 

Florida ..................... Camp Blanding ............................................ $11,000,000 

Idaho ........................ Jerome County Regional Site ...................... $17,000,000 
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Army National Guard—Continued 

State Location Amount 

Illinois ...................... North Riverside Armory .............................. $24,000,000 

Kentucky Burlington .................................................... $16,400,000 

Mississippi Southaven ..................................................... $22,000,000 

Missouri ................... Belle Fontaine .............................................. $28,000,000 

New Hampshire ....... Littleton ....................................................... $23,000,000 

New Mexico ............. Rio Rancho Training Site ............................ $11,000,000 

New York ................. Lexington Avenue Armory ........................... $90,000,000 

Ohio ......................... Camp Perry Joint Training Center ............. $19,200,000 

Oregon Washington County Readiness Center ......... $26,000,000 

Pennsylvania ............ Hermitage Readiness Center ....................... $13,600,000 

Rhode Island ............ North Kingstown .......................................... $30,000,000 

South Carolina ......... Aiken County Readiness Center .................. $20,000,000 

.................................. McCrady Training Center ............................ $7,900,000 

Virginia .................... Sandston RC & FMS 1 ................................ $20,000,000 

Wisconsin ................. Viroqua ......................................................... $18,200,000 

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Army may 

7 acquire real property and carry out military construction 

8 projects for the Army Reserve locations inside the United 

9 States, and in the amounts, set forth in the following 

10 table: 

Army Reserve 

State Location Amount 

Alabama ................... Birmingham ................................................. $57,000,000 

Arizona .................... Queen Creek ................................................. $12,000,000 

California ................. Fort Hunter Liggett .................................... $40,000,000 
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1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

2 CORPS RESERVE CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2606 and available for 

6 the National Guard and Reserve as specified in the fund7 ing table in section 4601, the Secretary of the Navy may 

8 acquire real property and carry out military construction 

9 projects for the Navy Reserve and Marine Corps Reserve 

10 locations inside the United States, and in the amounts, 

11 set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Michigan .................. Battle Creek ................................................. $24,549,000 

Virginia .................... Marine Forces Reserve Dam Neck Virginia 

Beach ........................................................ $12,400,000 

12 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC13 TION AND LAND ACQUISITION PROJECTS. 

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2606 and available for 

16 the National Guard and Reserve as specified in the fund17 ing table in section 4601, the Secretary of the Air Force 

18 may acquire real property and carry out military construc19 tion projects for the Air National Guard locations inside 

20 the United States, and in the amounts, set forth in the 

21 following table: 
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Air National Guard 

State Location Amount 

Alabama ................... Montgomery Regional Airport ..................... $7,000,000 

Alaska ...................... Joint Base Elmendorf – Richardson ........... $7,000,000 

Arizona .................... Tucson International Airport ....................... $11,600,000 

Arkansas .................. Ebbing Air National Guard Base ................ $76,000,000 

Colorado ................... Buckley Space Force Base ........................... $12,000,000 

Indiana .................... Fort Wayne International Airport ............... $8,900,000 

Oregon ..................... Portland International Airport .................... $71,500,000 

Pennsylvania ............ Harrisburg International Airport ................ $8,000,000 

Wisconsin ................. Truax Field .................................................. $5,200,000 

1 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the Air Force Reserve locations inside 

9 the United States, and in the amounts, set forth in the 

10 following table: 

Air Force Reserve 

State Location Amount 

Arizona .................... Davis-Monthan Air Force Base ................... $8,500,000 

California ................. March Air Reserve Base .............................. $226,500,000 

Guam ....................... Joint Region Marianas ................................. $27,000,000 

Louisiana ................. Barksdale Air Force Base ........................... $7,000,000 

Texas ....................... Naval Air Station Joint Reserve Base Fort 

Worth.

$16,000,000 

11 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA12 TIONAL GUARD AND RESERVE. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2023, for the 

15 costs of acquisition, architectural and engineering services, 
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1 and construction of facilities for the Guard and Reserve 

2 Forces, and for contributions therefor, under chapter 

3 1803 of title 10, United States Code (including the cost 

4 of acquisition of land for those facilities), as specified in 

5 the funding table in section 4601. 

6 SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT FIS7 CAL YEAR 2018 PROJECT AT HULMAN RE8 GIONAL AIRPORT, INDIANA. 

9 (a) EXTENSION.—Notwithstanding section 2002 of 

10 the Military Construction Authorization Act for Fiscal 

11 Year 2018 (division B of Public Law 115–91; 131 Stat. 

12 1817), the authorization set forth in the table in sub13 section (b), as provided in section 2604 of that Act (131 

14 Stat. 1836) and extended by section 2608 of the Military 

15 Construction Authorization Act for Fiscal Year 2023 (di16 vision B of Public Law 117–263), shall remain in effect 

17 until October 1, 2024, or the date of the enactment of 

18 an Act authorizing funds for military construction for fis19 cal year 2025, whichever is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 

National Guard and Reserve: Extension of 2018 Project 

Authorization 

State Installation or 

Location Project 

Original Authorized 

Amount 

Indiana ........... Hulman Regional 

Airport ............ Construct Small Arms 

Range ............................ $8,000,000 
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1 SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT FIS2 CAL YEAR 2019 PROJECT AT FRANCIS S. 

3 GABRESKI AIRPORT, NEW YORK. 

4 (a) EXTENSION.—Notwithstanding section 2002 of 

5 the Military Construction Authorization Act for Fiscal 

6 Year 2019 (division B of Public Law 115–232; 132 Stat. 

7 2240), the authorization set forth in the table in sub8 section (b), as provided in section 2604 of that Act (132 

9 Stat. 2255), shall remain in effect until October 1, 2024, 

10 or the date of the enactment of an Act authorizing funds 

11 for military construction for fiscal year 2025, whichever 

12 is later. 

13 (b) TABLE.—The table referred to in subsection (a) 

14 is as follows: 

National Guard and Reserve: Extension of 2019 Project 

Authorization 

State Installation or 

Location Project 

Original Authorized 

Amount 

New York ....... Francis S. 

Gabreski Airport ................. Security Forces/Comm. 

Training Facility ........... $20,000,000 

15 SEC. 2609. EXTENSION OF AUTHORITY TO CARRY OUT CER16 TAIN FISCAL YEAR 2021 PROJECTS. 

17 (a) EXTENSION.—Notwithstanding section 2002 of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2021 (division B of Public Law 116–283; 134 Stat. 

20 4294), the authorizations set forth in the table in sub21 section (b), as provided in sections 2601, 2602, and 2604 
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1 of that Act (134 Stat. 4312, 4313, 4314), shall remain 

2 in effect until October 1, 2024, or the date of the enact3 ment of an Act authorizing funds for military construction 

4 for fiscal year 2025, whichever is later. 

5 (b) TABLE.—The table referred to in subsection (a) 

6 is as follows: 

National Guard and Reserve: Extension of 2021 Project 

Authorizations 

State/Country Installation or 

Location Project 

Original Authorized 

Amount 

Arkansas ........ Fort Chaffee ....... National Guard Readiness 

Center ............................ $15,000,000 

California ....... Bakersfield .......... National Guard Vehicle 

Maintenance Shop ......... $9,300,000 

Colorado ......... Peterson Space 

Force Base ...... National Guard Readiness 

Center ............................ $15,000,000 

Guam .............. Joint Region 

Marianas ......... Space Control Facility #5 $20,000,000 

Ohio ................ Columbus ............ National Guard Readiness 

Center ............................ $15,000,000 

Massachusetts Devens Reserve 

Forces Training Area .......... Automated Multipurpose 

Machine Gun Range ...... $8,700,000 

North Carolina Asheville .............. Army Reserve Center/Land $24,000,000 

Puerto Rico .... Fort Allen ........... National Guard Readiness 

Center ............................ $37,000,000 

South Carolina Joint Base 

Charleston ....... National Guard Readiness 

Center ............................ $15,000,000 

Texas .............. Fort Worth ......... Aircraft Maintenance 

Hangar Addition/Alt. .... $6,000,000 

........................ Joint Base San 

Antonio ........... F–16 Mission Training 

Center ............................ $10,800,000 

Virgin Islands St. Croix ............. Army Aviation Support 

Facility (AASF) ............ $28,000,000 

........................ ............................. CST Ready Building ......... $11,400,000 

7 SEC. 2610. MODIFICATION OF AUTHORITY TO CARRY OUT 

8 FISCAL YEAR 2022 PROJECT AT NICKELL ME9 MORIAL ARMORY, KANSAS. 

10 (a) TRANSFER AUTHORITY.—From amounts appro11 priated for ‘‘Military Construction, Army National Guard’’ 
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1 pursuant to the authorization of appropriations in section 

2 2606 and available as specified in the funding table in sec3 tion 4601 of the National Defense Authorization Act for 

4 Fiscal Year 2022 (Public Law 117–81, 135 Stat. 2315), 

5 the Secretary of Defense may transfer not more than 

6 $420,000 to an appropriation for ‘‘Military Construction, 

7 Air National Guard’’ for use for studying, planning, de8 signing, and architect and engineer services for a sensitive 

9 compartmented information facility project at Nickell Me10 morial Armory, Kansas. 

11 (b) MERGER OF AMOUNTS TRANSFERRED.—Any 

12 amount transferred under subsection (a) shall be merged 

13 with and available for the same purposes, and for the same 

14 time period, as the ‘‘Military Construction, Air National 

15 Guard’’ appropriation to which transferred. 

16 (c) AUTHORITY.—Using amounts transferred pursu17 ant to subsection (a), the Secretary of the Air Force may 

18 carry out study, planning, design, and architect and engi19 neer services activities for a sensitive compartmented in20 formation facility project at Nickell Memorial Armory, 

21 Kansas. 
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1 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 FISCAL YEAR 2023 PROJECT AT CAMP PEN3 DLETON, CALIFORNIA. 

4 In the case of the authorization contained in the table 

5 in section 2602 of the Military Construction Authorization 

6 Act for Fiscal Year 2023 (division B of Public Law 117– 

7 263) and specified in the funding table in section 4601 

8 of the James M. Inhofe National Defense Authorization 

9 Act for Fiscal Year 2023 (Public Law 117–263) for Camp 

10 Pendleton, California, for construction of an Area Mainte11 nance Support Activity, the Secretary of the Army may 

12 construct a 15,000 square foot facility. 

13 SEC. 2612. AUTHORITY TO CONDUCT RESTORATION AND 

14 MODERNIZATION PROJECTS AT THE FIRST 

15 CITY TROOP READINESS CENTER IN PHILA16 DELPHIA, PENNSYLVANIA. 

17 The Chief of the National Guard Bureau may expend 

18 amounts available to the Army National Guard for facili19 ties sustainment, restoration, and modernization to con20 duct restoration and modernization projects at the First 

21 City Troop Readiness Center in Philadelphia, Pennsyl22 vania, if— 

23 (1) the Commonwealth of Pennsylvania has a 

24 sufficient remaining lease term for such center to re25 alize the full lifecycle benefit of such a project; 
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1 (2) the Federal contribution for such a project 

2 does not exceed 50 percent of the cost of the project 

3 (inclusive of all project costs); and 

4 (3) the Chief of the National Guard Bureau no5 tifies the Committees on Armed Services of the Sen6 ate and the House of Representatives not less than 

7 15 days before awarding a contract for such a 

8 project, which shall include an explanation of the 

9 sufficiency of remaining lease term to justify the in10 vestment. 

11 TITLE XXVII—BASE REALIGN12 MENT AND CLOSURE ACTIVI13 TIES 

14 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

15 BASE REALIGNMENT AND CLOSURE ACTIVI16 TIES FUNDED THROUGH DEPARTMENT OF 

17 DEFENSE BASE CLOSURE ACCOUNT. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2023, for base 

20 realignment and closure activities, including real property 

21 acquisition and military construction projects, as author22 ized by the Defense Base Closure and Realignment Act 

23 of 1990 (part A of title XXIX of Public Law 101–510; 

24 10 U.S.C. 2687 note) and funded through the Department 

25 of Defense Base Closure Account established by section 
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1 2906 of such Act, as specified in the funding table in sec2 tion 4601. 

3 SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL 

4 BASE REALIGNMENT AND CLOSURE (BRAC) 

5 ROUND. 

6 Nothing in this Act shall be construed to authorize 

7 an additional Base Realignment and Closure (BRAC) 

8 round. 

9 SEC. 2703. CLOSURE AND DISPOSAL OF THE PUEBLO CHEM10 ICAL DEPOT, PUEBLO COUNTY, COLORADO. 

11 (a) IN GENERAL.—The Secretary of the Army shall 

12 close the Pueblo Chemical Depot in Pueblo County, Colo13 rado (in this section referred to as the ‘‘Depot’’), not later 

14 than one year after the completion of the chemical demili15 tarization mission at such location in accordance with the 

16 Convention on the Prohibition of the Development, Pro17 duction, Stockpiling and Use of Chemical Weapons and 

18 on their Destruction, done at Geneva September 3, 1992, 

19 and entered into force April 29, 1997 (commonly referred 

20 to as the ‘‘Chemical Weapons Convention’’). 

21 (b) PROCEDURES.—The Secretary of the Army shall 

22 carry out the closure and subsequent related property 

23 management and disposal of the Depot, including the 

24 land, buildings, structures, infrastructure, and associated 

25 equipment, installed equipment, material, and personal 
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1 property that comprise the Chemical Agent–Destruction 

2 Pilot Plant, in accordance with the procedures and au3 thorities for the closure, management, and disposal of 

4 property under the Defense Base Closure and Realign5 ment Act of 1990 (part A of title XXIX of Public Law 

6 101–510; 10 U.S.C. 2687 note). 

7 (c) OFFICE OF LOCAL DEFENSE COMMUNITY CO8 OPERATION ACTIVITIES.—The Office of Local Defense 

9 Community Cooperation of the Department of Defense 

10 may make grants and supplement other Federal funds 

11 pursuant to section 2391 of title 10, United States Code, 

12 to support closure and reuse activities of the Depot. 

13 (d) TREATMENT OF EXISTING PERMITS.—Nothing in 

14 this section shall be construed to prevent the removal or 

15 demolition by the Program Executive Office, Assembled 

16 Chemical Weapons Alternatives of the Department of the 

17 Army of existing buildings, structures, infrastructure, and 

18 associated equipment, installed equipment, material, and 

19 personal property of the Chemical Agent–Destruction 

20 Pilot Plant at the Depot in accordance with Hazardous 

21 Waste Permit Number CO–20–09–02–01 under the Solid 

22 Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly 

23 known as the ‘‘Resource Conservation and Recovery Act 

24 of 1976’’) issued by the State of Colorado, or any associ25 ated or follow-on permits under such Act. 
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1 (e) HOMELESS USE.—Given the nature of activities 

2 undertaken at the Chemical Agent–Destruction Pilot 

3 Plant at the Depot, such land, buildings, structures, infra4 structure, and associated equipment, installed equipment, 

5 material, and personal property comprising the Chemical 

6 Agent–Destruction Pilot Plant is deemed unsuitable for 

7 homeless use and, in carrying out any closure, manage8 ment, or disposal of property under this section, need not 

9 be screened for homeless use purposes pursuant to section 

10 2905(b)(7) of the Defense Base Closure and Realignment 

11 Act of 1990 (part A of title XXIX of Public Law 101– 

12 510; 10 U.S.C. 2687 note). 

13 TITLE XXVIII—MILITARY CON14 STRUCTION GENERAL PROVI15 SIONS 

16 Subtitle A—Military Construction 

17 Program 

18 SEC. 2801. AUTHORITY FOR INDO-PACIFIC POSTURE MILI19 TARY CONSTRUCTION PROJECTS. 

20 (a) AUTHORITY.—The Commander of the United 

21 States Indo-Pacific Command (in this section referred to 

22 as the ‘‘Commander’’) may carry out an unspecified mili23 tary construction project not otherwise authorized by law 

24 or may authorize the Secretary of a military department 

25 to carry out such a project. 
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1 (b) SCOPE OF PROJECT AUTHORITY.—A project car2 ried out under this section may include any planning, de3 signing, construction, development, conversion, extension, 

4 renovation, or repair, whether to satisfy temporary or per5 manent requirements, and, to the extent necessary, any 

6 acquisition of land. 

7 (c) PURPOSES.—A project carried out under this sec8 tion shall be for the purpose of— 

9 (1) supporting the rotational deployments of 

10 the Armed Forces; 

11 (2) enhancing facility preparedness and military 

12 installation resilience (as defined in section 

13 101(e)(8) of title 10, United States Code) in support 

14 of potential, planned, or anticipated national defense 

15 activities; or 

16 (3) providing for prepositioning and storage of 

17 equipment and supplies. 

18 (d) LOCATION OF PROJECTS.—A project carried out 

19 under this section— 

20 (1) may be located— 

21 (A) at a cooperative security location, for22 ward operating site, or contingency location for 

23 use by the Armed Forces; or 

24 (B) at a location used by the Armed 

25 Forces that is owned or operated by Guam, 
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1 American Samoa, or the Commonwealth of the 

2 Northern Mariana Islands; and 

3 (2) may be carried out without regard to wheth4 er the real property or facilities at the location are 

5 under the jurisdiction of the Department of Defense 

6 if the Commander determines that the United States 

7 has a sufficient interest in the property or facility to 

8 support the project. 

9 (e) MAXIMUM AMOUNT.—The cost of any project car10 ried out under this section may not exceed $15,000,000. 

11 (f) AVAILABLE AMOUNTS.—In carrying out a project 

12 under this section, the Commander, or the Secretary of 

13 a military department when authorized by the Com14 mander, may use amounts authorized for— 

15 (1) the INDOPACOM Military Construction 

16 Pilot Program fund; and 

17 (2) operation and maintenance that are made 

18 available to the Commander, not to exceed 200 per19 cent of the amount specified in section 2805(c) of 

20 title 10, United States Code. 

21 (g) NOTICE TO CONGRESS.— 

22 (1) IN GENERAL.—If the Commander decides 

23 to carry out a project under this section with a cost 

24 exceeding $2,000,000, the Commander shall notify 

25 the congressional defense committees of that deter-
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1 mination in an electronic medium pursuant to sec2 tion 480 of title 10, United States Code. 

3 (2) RELEVANT DETAILS.—Notice under para4 graph (1) with respect to a project shall include rel5 evant details of the project, including the estimated 

6 cost, and may include a classified annex. 

7 (3) TIMING.—A project under this section cov8 ered by paragraph (1) may not be carried out until 

9 the end of the 14-day period beginning on the date 

10 the notification under such paragraph is received by 

11 the congressional defense committees. 

12 (h) ANNUAL REPORT.—Not later than December 31 

13 of each year, the Commander shall submit to the congres14 sional defense committees a report containing a list of 

15 projects funded, lessons learned, and, subject to the con16 currence of the President, recommended adjustments to 

17 the authority under this section for the most recently 

18 ended fiscal year. 

19 (i) PROJECT EXECUTION.— 

20 (1) PROJECT SUPERVISION.—Subsections (a) 

21 and (b) of section 2851 of title 10, United States 

22 Code, shall not apply to projects carried out under 

23 this section. 

24 (2) APPLICATION OF CHAPTER 169 OF TITLE 10, 

25 UNITED STATES CODE.—When exercising the au-
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1 thority under subsection (a), the Commander shall, 

2 for purposes of chapter 169 of title 10, United 

3 States Code, be considered the Secretary concerned. 

4 (j) SUNSET.—The authority to carry out a project 

5 under this section expires on March 31, 2029. 

6 SEC. 2802. ORDERING AUTHORITY FOR MAINTENANCE, RE7 PAIR, AND CONSTRUCTION OF FACILITIES OF 

8 DEPARTMENT OF DEFENSE. 

9 (a) IN GENERAL.—Subchapter I of chapter 169 of 

10 title 10, United States Code, is amended by adding at the 

11 end the following new section: 

12 ‘‘§ 2817. Ordering authority 

13 ‘‘(a) IN GENERAL.—The head of a department or or14 ganization within the Department of Defense may place 

15 an order, on a reimbursable basis, with any other such 

16 department or organization for a project for the mainte17 nance and repair of a facility of the Department of De18 fense or for a minor military construction project. 

19 ‘‘(b) OBLIGATIONS.—An order placed by the head of 

20 a department or organization under subsection (a) is 

21 deemed to be an obligation of such department or organi22 zation in the same manner as a similar order or contract 

23 placed with a private contractor. 

24 ‘‘(c) CONTINGENCY EXPENSES.—An order placed 

25 under subsection (a) for a project may include an amount 
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1 for contingency expenses that shall not exceed 10 percent 

2 of the cost of the project. 

3 ‘‘(d) AVAILABILITY OF AMOUNTS.—Amounts appro4 priated or otherwise made available to a department or 

5 organization of the Department of Defense shall be avail6 able to pay an obligation of such department or organiza7 tion under this section in the same manner and to the 

8 same extent as those amounts are available to pay an obli9 gation to a private contractor.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of such subchapter is amended by adding 

12 at the end the following new item: 

‘‘2817. Ordering authority.’’. 

13 SEC. 2803. APPLICATION OF AREA CONSTRUCTION COST IN14 DICES OUTSIDE THE UNITED STATES. 

15 Section 2805(f) of title 10, United States Code, is 

16 amended— 

17 (1) in paragraph (1), by striking ‘‘inside the 

18 United States’’; 

19 (2) by striking paragraph (2); and 

20 (3) by redesignating paragraph (3) as para21 graph (2). 
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1 SEC. 2804. AUTHORIZATION OF COST-PLUS INCENTIVE-FEE 

2 CONTRACTING FOR MILITARY CONSTRUC3 TION PROJECTS TO MITIGATE RISK TO THE 

4 SENTINEL PROGRAM SCHEDULE AND COST. 

5 (a) IN GENERAL.—Notwithstanding section 3323(a) 

6 of title 10, United States Code, the Secretary of Defense 

7 may authorize the use of contracts using cost-plus incen8 tive-fee contracting for military construction projects asso9 ciated with launch facilities, launch centers, and related 

10 infrastructure of the Sentinel Program of the Department 

11 of Defense for not more than one low-rate initial produc12 tion lot at each of the following locations: 

13 (1) F.E. Warren Air Force Base. 

14 (2) Malmstrom Air Force Base. 

15 (3) Minot Air Force Base. 

16 (b) BRIEFING.—Not later than 90 days after the date 

17 of the enactment of this Act, and not less frequently than 

18 quarterly thereafter, the Secretary of Defense shall brief 

19 the congressional defense committees on the following: 

20 (1) Uncertainties with site conditions at loca21 tions specified under subsection (a). 

22 (2) The plan of the Department of Defense to 

23 transition to firm, fixed price contracts for military 

24 construction following any military construction 

25 projects carried out under subsection (a). 
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1 (3) The acquisition process for military con2 struction projects carried out under subsection (a). 

3 (4) Updates on the execution of military con4 struction projects carried out under subsection (a). 

5 SEC. 2805. EXTENSIONS TO THE MILITARY LANDS WITH6 DRAWAL ACT RELATING TO BARRY M. GOLD7 WATER RANGE. 

8 (a) RENEWAL OF CURRENT WITHDRAWAL AND RES9 ERVATION.—Section 3031(d)(1) of the Military Lands 

10 Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 

11 907) is amended by striking ‘‘25 years after the date of 

12 the enactment of this Act’’ and inserting ‘‘on October 5, 

13 2049’’. 

14 (b) EXTENSION.—Section 3031(e) of the Military 

15 Lands Withdrawal Act of 1999 (Public Law 106–65; 113 

16 Stat. 908) is amended— 

17 (1) in the subsection heading, by striking ‘‘INI18 TIAL’’; and 

19 (2) in paragraph (1), by striking ‘‘initial’’. 

20 SEC. 2806. AUTHORITY TO LEASE LAND PARCEL FOR HOS21 PITAL AND MEDICAL CAMPUS, BARRIGADA 

22 TRANSMITTER SITE, GUAM. 

23 (a) NO-COST LEASE AUTHORIZED.—The Secretary 

24 of the Navy (in this section referred to as the ‘‘Secretary’’) 

25 may lease to the Government of Guam parcels of real 
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1 property, including any improvements thereon, consisting 

2 of approximately 102 acres of undeveloped land and ap3 proximately 10.877 acres of utility easements in the mu4 nicipality of Barrigada and Mangilao, Guam, known as the 

5 Barrigada Transmitter Site, for construction of a public 

6 hospital and medical campus, without fair market consid7 eration. 

8 (b) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal description of the property to be leased under 

10 subsection (a) shall be determined by a survey satisfactory 

11 to the Secretary. 

12 (c) APPRAISAL NOT REQUIRED.—The lease under 

13 subsection (a) shall not require an appraisal. 

14 (d) CONDITIONS OF LEASE.— 

15 (1) SUBJECT TO CERTAIN EXISTING ENCUM16 BRANCES.—A lease of property under subsection (a) 

17 shall be subject to all existing easements, restric18 tions, and covenants of record, including restrictive 

19 covenants, that the Secretary determines are nec20 essary to ensure that— 

21 (A) the use of the property is compatible 

22 with continued military activities by the Armed 

23 Forces of the United States in Guam; 
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1 (B) the environmental condition of the 

2 property is compatible with the use of the prop3 erty as a public hospital and medical campus; 

4 (C) access is available to the United States 

5 to conduct environmental remediation or moni6 toring as required under section 120(h) of the 

7 Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980 (42 U.S.C. 

9 9620(h)); 

10 (D) the property is used only for a public 

11 hospital and medical campus, which may in12 clude ancillary facilities to support the hospital 

13 and campus, or as set forth in subsection (e); 

14 and 

15 (E) the public hospital and medical cam16 pus to be constructed on the property shall— 

17 (i) include— 

18 (I) an MV–22-capable helipad; 

19 (II) recompression chamber capa20 bility; and 

21 (III) perimeter fencing; and 

22 (ii) allow for the relocation of weather 

23 radar equipment owned by the United 

24 States at the hospital or campus. 
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1 (2) FUNDING.—The Secretary is not required 

2 to fund the construction or operation of a hospital 

3 or medical campus on the property leased under sub4 section (a). 

5 (3) PAYMENT OF ADMINISTRATIVE COSTS.—All 

6 direct and indirect administrative costs, including 

7 for surveys, title work, document drafting, closing, 

8 and labor, incurred by the Secretary related to any 

9 lease of the property under subsection (a) shall be 

10 borne by the Government of Guam. 

11 (e) ADDITIONAL TERMS.—The Secretary may require 

12 such additional terms and conditions in connection with 

13 the lease under subsection (a) as the Secretary considers 

14 appropriate to protect the interests of the United States. 

15 (f) NOT TO BE CONSIDERED EXCESS, TRANS16 FERRED, OR DISPOSED OF.—The property subject to any 

17 lease under subsection (a) may not be declared to be ex18 cess real property to the needs of the Navy or transferred 

19 or otherwise disposed of by the Navy or any Federal agen20 cy. 

21 SEC. 2807. REVISION TO ACCESS AND MANAGEMENT OF AIR 

22 FORCE MEMORIAL. 

23 Section 2863(e) of the Military Construction Author24 ization Act for Fiscal Year 2002 (division B of Public Law 

25 107–107; 115 Stat. 1332), is amended by striking ‘‘the 
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1 Foundation’’ and inserting ‘‘non-Federal Government en2 tities, the Secretary of the Air Force, or both’’. 

3 SEC. 2808. DEVELOPMENT AND OPERATION OF THE MA4 RINE CORPS HERITAGE CENTER AND THE 

5 NATIONAL MUSEUM OF THE MARINE CORPS. 

6 (a) IN GENERAL.—Chapter 861 of title 10, United 

7 States Code, is amended by inserting after section 8617 

8 the following new section: 

9 ‘‘§ 8618. Marine Corps Heritage Center and the Na10 tional Museum of the Marine Corps 

11 ‘‘(a) JOINT VENTURE FOR DEVELOPMENT AND CON12 TINUED MAINTENANCE AND OPERATION.—The Secretary 

13 of the Navy (in this section referred to as the ‘Secretary’) 

14 may enter into a joint venture with the Marine Corps Her15 itage Foundation (in this section referred to as the ‘Foun16 dation’), a nonprofit entity, for the design, construction, 

17 maintenance, and operation of a multipurpose facility to 

18 be used for historical displays for public viewing, curation, 

19 and storage of artifacts, research facilities, classrooms, of20 fices, and associated activities consistent with the mission 

21 of the Marine Corps University. The facility shall be 

22 known as the Marine Corps Heritage Center and the Na23 tional Museum of the Marine Corps (in this section re24 ferred to as the ‘Facility’). 
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1 ‘‘(b) DESIGN AND CONSTRUCTION.—For each phase 

2 of development of the Facility, the Secretary may— 

3 ‘‘(1) permit the Foundation to contract for the 

4 design, construction, or both of such phase of devel5 opment; or 

6 ‘‘(2) accept funds from the Foundation for the 

7 design, construction, or both of such phase of devel8 opment. 

9 ‘‘(c) ACCEPTANCE AUTHORITY.—Upon completion of 

10 construction of any phase of development of the Facility 

11 by the Foundation to the satisfaction of the Secretary, and 

12 the satisfaction of any financial obligations incident there13 to by the Foundation, the Facility shall become the real 

14 property of the Department of the Navy with all right, 

15 title, and interest in and to the Facility belonging to the 

16 United States. 

17 ‘‘(d) MAINTENANCE, OPERATION, AND SUPPORT.— 

18 ‘‘(1) IN GENERAL.—The Secretary may, for the 

19 purpose of maintenance and operation of the Facil20 ity— 

21 ‘‘(A) enter into contracts or cooperative 

22 agreements, on a sole-source basis, with the 

23 Foundation for the procurement of property or 

24 services for the direct benefit or use of the Fa25 cility; and 
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1 ‘‘(B) notwithstanding the requirements of 

2 subsection (h) of section 2667 of this title and 

3 under such terms and conditions as the Sec4 retary considers appropriate for the joint ven5 ture authorized under subsection (a), lease in 

6 accordance with such section 2667 portions of 

7 the Facility to the Foundation for use in gener8 ating revenue for activities of the Facility and 

9 for such administrative purposes as may be nec10 essary for support of the Facility. 

11 ‘‘(2) CONSIDERATION FOR LEASE.—In making 

12 a determination of fair market value under section 

13 2667(b)(4) of this title for payment of consideration 

14 pursuant to a lease described in paragraph (1)(B), 

15 the Secretary may consider the entirety of the edu16 cational efforts of the Foundation, support by the 

17 Foundation to the history division of the Marine 

18 Corps Heritage Center, funding of museum pro19 grams and exhibits by the Foundation, or other sup20 port related to the Facility, in addition to the types 

21 of in-kind consideration provided under section 

22 2667(c) of this title. 

23 ‘‘(3) USE FOR REVENUE-GENERATING ACTIVI24 TIES.— 
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary may authorize the 

3 Foundation to use real or personal property 

4 within the Facility to conduct revenue-gener5 ating activities in addition to those authorized 

6 under paragraph (1)(B), as the Secretary con7 siders appropriate considering the work of the 

8 Foundation and the needs of the Facility. 

9 ‘‘(B) LIMITATION.—The Secretary may 

10 only authorize the use of the Facility for a rev11 enue-generating activity if the Secretary deter12 mines the activity will not interfere with activi13 ties and personnel of the armed forces or the 

14 activities of the Facility. 

15 ‘‘(4) RETENTION OF LEASE PAYMENTS.—The 

16 Secretary shall retain lease payments received under 

17 paragraph (1)(B), other than in-kind consideration 

18 authorized under paragraph (2) or section 2667(c) 

19 of this title, solely for use in support of the Facility, 

20 and funds received as lease payments shall remain 

21 available until expended. 

22 ‘‘(e) USE OF CERTAIN GIFTS.— 

23 ‘‘(1) IN GENERAL.—Under regulations pre24 scribed by the Secretary, the Commandant of the 

25 Marine Corps may, without regard to section 2601 
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1 of this title, accept, hold, administer, invest, and 

2 spend any gift, devise, or bequest of personal prop3 erty of a value of $250,000 or less made to the 

4 United States if such gift, devise, or bequest is for 

5 the benefit of the Facility. 

6 ‘‘(2) EXPENSES.—The Secretary may pay or 

7 authorize the payment of any reasonable and nec8 essary expense in connection with the conveyance or 

9 transfer of a gift, devise, or bequest under para10 graph (1). 

11 ‘‘(f) ADDITIONAL TERMS AND CONDITIONS.—The 

12 Secretary may require such additional terms and condi13 tions in connection with the joint venture authorized under 

14 subsection (a) as the Secretary considers appropriate to 

15 protect the interests of the United States.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 861 of such title is amended 

18 by inserting after the item relating to section 8617 the 

19 following new item: 

‘‘8618. Marine Corps Heritage Center and the National Museum of the Marine 

Corps.’’. 

20 (c) CONFORMING REPEAL.—Section 2884 of the 

21 Floyd D. Spence National Defense Authorization Act for 

22 Fiscal Year 2001 (Public Law 106–398; 114 Stat. 

23 1654A–440) is repealed. 
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1 SEC. 2809. AUTHORITY FOR ACQUISITION OF REAL PROP2 ERTY INTEREST IN PARK LAND OWNED BY 

3 THE COMMONWEALTH OF VIRGINIA. 

4 (a) AUTHORITY.—The Secretary of the Navy (in this 

5 section referred to as the ‘‘Secretary’’) may acquire by 

6 purchase or lease approximately 225 square feet of land, 

7 including ingress and egress, at Westmoreland State Park, 

8 Virginia, for the purpose of installing, operating, main9 taining, and protecting equipment to support research and 

10 development activities by the Department of the Navy in 

11 support of national security. 

12 (b) TERMS AND CONDITIONS.—The acquisition of 

13 property under subsection (a) shall be subject to the fol14 lowing terms and conditions: 

15 (1) The Secretary shall pay the Commonwealth 

16 of Virginia fair market value for the property to be 

17 acquired, as determined by the Secretary. 

18 (2) Such other terms and conditions as consid19 ered appropriate by the Secretary. 

20 (c) DESCRIPTION OF PROPERTY.—The legal descrip21 tion of the property to be acquired under subsection (a) 

22 shall be determined by a survey that is satisfactory to the 

23 Secretary and the Commonwealth of Virginia. 

24 (d) APPLICABILITY OF THE LAND AND WATER CON25 SERVATION FUND ACT.—The provisions of chapter 2003 
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1 of title 54, United States Code, shall not apply to the ac2 quisition of property under subsection (a). 

3 (e) REIMBURSEMENT.—The Secretary shall reim4 burse the Commonwealth of Virginia for the reasonable 

5 and documented administrative costs incurred by the 

6 Commonwealth of Virginia to execute the acquisition by 

7 the Secretary of property under subsection (a). 

8 (f) TERMINATION OF REAL PROPERTY INTEREST.— 

9 The real property interest acquired by the Secretary under 

10 subsection (a) shall terminate, and be released without 

11 cost to the Commonwealth of Virginia, when the Secretary 

12 determines such real property interest is no longer re13 quired for national security purposes. 

14 SEC. 2810. MOVEMENT OR CONSOLIDATION OF JOINT SPEC15 TRUM CENTER TO FORT MEADE, MARYLAND, 

16 OR ANOTHER APPROPRIATE LOCATION. 

17 (a) LEAVING CURRENT LOCATION.—Not later than 

18 September 30, 2026, the Secretary of Defense shall com19 pletely vacate the offices of the Joint Spectrum Center of 

20 the Department of Defense in Annapolis, Maryland. 

21 (b) MOVEMENT OR CONSOLIDATION.—The Secretary 

22 shall take appropriate action to move, consolidate, or both, 

23 the offices of the Joint Spectrum Center to the head24 quarters building of the Defense Information Systems 

25 Agency at Fort Meade, Maryland, or another appropriate 
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1 location chosen by the Secretary for national security pur2 poses to ensure the physical and cybersecurity protection 

3 of personnel and missions of the Department of Defense. 

4 (c) STATUS UPDATE.—Not later than January 31 

5 and July 31 of each year until the Secretary has com6 pleted the requirements under subsections (a) and (b), the 

7 Commander of the Defense Information Systems Agency 

8 shall provide an in-person and written update on the sta9 tus of the completion of those requirements to the Com10 mittees on Armed Services of the Senate and the House 

11 of Representatives and the congressional delegation of 

12 Maryland. 

13 (d) TERMINATION OF EXISTING LEASE.—Upon 

14 vacating the offices of the Joint Spectrum Center in An15 napolis, Maryland, pursuant to subsection (a), all right, 

16 title, and interest of the United States in and to the exist17 ing lease for the Joint Spectrum Center in such location 

18 shall be terminated. 

19 (e) REPEAL OF OBSOLETE AUTHORITY.—Section 

20 2887 of the Military Construction Authorization Act for 

21 Fiscal Year 2008 (division B of Public Law 110–181; 122 

22 Stat. 569) is repealed. 
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1 SEC. 2811. TEMPORARY EXPANSION OF AUTHORITY FOR 

2 USE OF ONE-STEP TURN-KEY SELECTION 

3 PROCEDURES FOR REPAIR PROJECTS. 

4 During the five-year period beginning on the date of 

5 the enactment of this Act, section 2862(a)(2) of title 10, 

6 United States Code, shall be applied and administered by 

7 substituting ‘‘$12,000,000’’ for ‘‘$4,000,000’’. 

8 SEC. 2812. MODIFICATION OF TEMPORARY INCREASE OF 

9 AMOUNTS IN CONNECTION WITH AUTHORITY 

10 TO CARRY OUT UNSPECIFIED MINOR MILI11 TARY CONSTRUCTION. 

12 (a) IN GENERAL.—Section 2801 of the Military Con13 struction Authorization Act for Fiscal Year 2023 (division 

14 B of Public Law 117–263) is amended— 

15 (1) by redesignating paragraphs (2) through 

16 (4) as paragraphs (3) through (5), respectively; and 

17 (2) by inserting after paragraph (1) the fol18 lowing new paragraph (2): 

19 ‘‘(2) in subsection (b)(2), by substituting 

20 ‘$4,000,000’ for ‘$2,000,000’;’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall apply as if included in the enactment 

23 of the Military Construction Authorization Act for Fiscal 

24 Year 2023 (division B of Public Law 117–263). 
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1 SEC. 2813. PILOT PROGRAM ON REPLACEMENT OF SUB2 STANDARD ENLISTED BARRACKS. 

3 (a) IN GENERAL.—The Secretary concerned may, in 

4 accordance with this section, carry out a pilot program 

5 under which the Secretary concerned may replace an exist6 ing enlisted barracks with a new enlisted barracks not oth7 erwise authorized by law. 

8 (b) FACILITY REQUIREMENTS.—A new facility for an 

9 enlisted barracks replaced under subsection (a)— 

10 (1) may not have a greater personnel capacity 

11 than the facility being replaced but may be phys12 ically larger than the facility being replaced; 

13 (2) must be replacing a facility that is in a sub14 standard condition, as determined by the Secretary 

15 concerned, and which determination may not be del16 egated, in advance of project approval; 

17 (3) must be designed and utilized for the same 

18 purpose as the facility being replaced; 

19 (4) must be located on the same installation as 

20 the facility being replaced; and 

21 (5) must be designed to meet, at a minimum, 

22 current standards for construction, utilization, and 

23 force protection. 

24 (c) SOURCE OF FUNDS.—The Secretary concerned, 

25 in using the authority under this section, may spend 

26 amounts available to the Secretary concerned for oper-
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1 ation and maintenance or unspecified military construc2 tion. 

3 (d) CONGRESSIONAL NOTIFICATION.—When a deci4 sion is made to carry out a replacement project under this 

5 section with an estimated cost in excess of $10,000,000, 

6 the Secretary concerned shall submit, in an electronic me7 dium pursuant to section 480 of title 10, United States 

8 Code, to the appropriate committees of Congress a report 

9 containing— 

10 (1) the justification for the replacement project 

11 and the current estimate of the cost of the project; 

12 and 

13 (2) a description of the elements of military 

14 construction, including the elements specified in sec15 tion 2802(b) of such title, incorporated into the 

16 project. 

17 (e) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE COMMITTEES OF CONGRESS; 

19 FACILITY; SECRETARY CONCERNED.—The terms 

20 ‘‘appropriate committees of Congress’’, ‘‘facility’’, 

21 and ‘‘Secretary concerned’’ have the meanings given 

22 those terms in section 2801 of title 10, United 

23 States Code. 
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1 (2) ENLISTED BARRACKS.—The term ‘‘enlisted 

2 barracks’’ means barracks designed and utilized for 

3 housing enlisted personnel of the Armed Forces. 

4 (3) PERSONNEL CAPACITY.—The term ‘‘per5 sonnel capacity’’, with respect to an enlisted bar6 racks, means the design capacity for the number of 

7 enlisted personnel housed in the enlisted barracks. 

8 (4) SUBSTANDARD CONDITION.—The term 

9 ‘‘substandard condition’’, with respect to a facility, 

10 means the facility can no longer meet the require11 ments of current standards without repair that 

12 would cost more than 75 percent of the replacement 

13 cost. 

14 (f) SUNSET.—The authority under this section shall 

15 terminate on the date that is five years after the date of 

16 the enactment of this Act. 

17 SEC. 2814. EXPANSION OF DEFENSE COMMUNITY INFRA18 STRUCTURE PILOT PROGRAM TO INCLUDE 

19 INSTALLATIONS OF THE COAST GUARD. 

20 Section 2391 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (d)— 

23 (A) in paragraph (1)(B), in the matter 

24 preceding clause (i), by inserting ‘‘, in consulta-
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1 tion with the Commandant of the Coast 

2 Guard,’’ after ‘‘The Secretary’’; and 

3 (B) by adding at the end the following new 

4 paragraph: 

5 ‘‘(5) In considering grants, agreements, or 

6 other funding under paragraph (1)(A) with respect 

7 to community infrastructure supportive of a military 

8 installation of the Coast Guard, the Secretary of De9 fense shall consult with the Commandant of the 

10 Coast Guard to assess the selection and 

11 prioritization of the project concerned.’’; and 

12 (2) in subsection (e)(1), by adding at the end 

13 the following new sentence: ‘‘For purposes of sub14 section (d), the term ‘military installation’ includes 

15 an installation of the Coast Guard under the juris16 diction of the Department of Homeland Security.’’. 

17 SEC. 2815. MODIFICATION OF PILOT PROGRAM ON IN18 CREASED USE OF SUSTAINABLE BUILDING 

19 MATERIALS IN MILITARY CONSTRUCTION. 

20 Section 2861 of the National Defense Authorization 

21 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 

22 2802 note) is amended— 

23 (1) in subsection (b)(1), by striking the period 

24 at the end and inserting ‘‘to include, under the pilot 

25 program as a whole, at a minimum— 
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1 ‘‘(A) one project for mass timber; and 

2 ‘‘(B) one project for low carbon concrete.’’; 

3 (2) in subsection (d), by striking ‘‘September 

4 30, 2024’’ and inserting ‘‘September 30, 2025’’; 

5 (3) by redesignating subsections (e) and (f) as 

6 subsections (f) and (g), respectively; 

7 (4) by inserting after subsection (d) the fol8 lowing new subsection (e): 

9 ‘‘(e) COMMENCEMENT OF CONSTRUCTION.—Each 

10 military construction project carried out under the pilot 

11 program must commence construction by not later than 

12 January 1, 2025.’’; and 

13 (5) in subsection (f)(1), as redesignated by 

14 paragraph (3), by striking ‘‘December 31, 2024’’ 

15 and inserting ‘‘December 31, 2025’’. 

16 Subtitle B—Military Housing 

17 PART I—MILITARY UNACCOMPANIED HOUSING 

18 SEC. 2821. UNIFORM CONDITION INDEX FOR MILITARY UN19 ACCOMPANIED HOUSING. 

20 (a) IN GENERAL.—Not later than 30 days after the 

21 date of the enactment of this Act, the Secretary of Defense 

22 shall prescribe regulations requiring the Assistant Sec23 retary of Defense for Energy, Installations, and Environ24 ment to complete and issue a uniform facility condition 

25 index for military unaccompanied housing, including such 
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1 housing that is existing as of the date of the enactment 

2 of this Act and any such housing constructed or used on 

3 or after such date of enactment. 

4 (b) COMPLETION OF INDEX.—The uniform facility 

5 condition index required under subsection (a) shall be 

6 completed and issued by not later than October 1, 2024. 

7 (c) MILITARY UNACCOMPANIED HOUSING DE8 FINED.—In this section, the term ‘‘military unaccom9 panied housing’’ means the following housing owned by 

10 the United States Government: 

11 (1) Military housing intended to be occupied by 

12 members of the Armed Forces serving a tour of duty 

13 unaccompanied by dependents. 

14 (2) Transient housing intended to be occupied 

15 by members of the Armed Forces on temporary 

16 duty. 

17 SEC. 2822. CERTIFICATION OF HABITABILITY OF MILITARY 

18 UNACCOMPANIED HOUSING. 

19 (a) IN GENERAL.—The Secretary of Defense shall in20 clude with the submission to Congress by the President 

21 of the annual budget of the Department of Defense under 

22 section 1105(a) of title 31, United States Code, a certifi23 cation from the Secretary of each military department to 

24 the congressional defense committees that the cost for all 

25 needed repairs and improvements for each occupied mili-
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1 tary unaccompanied housing facility under the jurisdiction 

2 of such Secretary does not exceed 20 percent of the re3 placement cost of such facility, as mandated by Depart4 ment of Defense Manual 4165.63, ‘‘DoD Housing Man5 agement’’, or successor issuance. 

6 (b) MILITARY UNACCOMPANIED HOUSING DE7 FINED.—In this section, the term ‘‘military unaccom8 panied housing’’ means the following housing owned by 

9 the United States Government: 

10 (1) Military housing intended to be occupied by 

11 members of the Armed Forces serving a tour of duty 

12 unaccompanied by dependents. 

13 (2) Transient housing intended to be occupied 

14 by members of the Armed Forces on temporary 

15 duty. 

16 SEC. 2823. MAINTENANCE WORK ORDER MANAGEMENT 

17 PROCESS FOR MILITARY UNACCOMPANIED 

18 HOUSING. 

19 (a) IN GENERAL.—Not later than 30 days after the 

20 date of the enactment of this Act, the Secretary of Defense 

21 shall prescribe regulations to establish for each military 

22 department a process associated with maintenance work 

23 order management for military unaccompanied housing 

24 under the jurisdiction of such military department, includ25 ing such housing that is existing as of the date of the en-
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1 actment of this Act and any such housing constructed or 

2 used on or after such date of enactment. 

3 (b) USE OF PROCESS.—The processes required under 

4 subsection (a) shall clearly define requirements for effec5 tive and timely maintenance work order management, in6 cluding requirements with respect to— 

7 (1) quality assurance for maintenance com8 pleted; 

9 (2) communication of maintenance progress and 

10 resolution with management of military unaccom11 panied housing, barracks managers, and residents; 

12 and 

13 (3) standardized performance metrics, such as 

14 the timeliness of completion of work orders. 

15 (c) ADMINISTRATION.—The Secretary of each mili16 tary department shall administer the work order process 

17 required under subsection (a) for such military depart18 ment and shall issue or update relevant guidance as nec19 essary. 

20 (d) MILITARY UNACCOMPANIED HOUSING DE21 FINED.—In this section, the term ‘‘military unaccom22 panied housing’’ means the following housing owned by 

23 the United States Government: 
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1 (1) Military housing intended to be occupied by 

2 members of the Armed Forces serving a tour of duty 

3 unaccompanied by dependents. 

4 (2) Transient housing intended to be occupied 

5 by members of the Armed Forces on temporary 

6 duty. 

7 SEC. 2824. EXPANSION OF UNIFORM CODE OF BASIC 

8 STANDARDS FOR MILITARY HOUSING TO IN9 CLUDE MILITARY UNACCOMPANIED HOUS10 ING. 

11 (a) IN GENERAL.—Section 2818 of the William M. 

12 (Mac) Thornberry National Defense Authorization Act for 

13 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2871 

14 note) is amended— 

15 (1) in the section heading, by striking ‘‘FAM16 ILY’’; and 

17 (2) in subsection (a)— 

18 (A) by striking ‘‘family’’; and 

19 (B) by inserting ‘‘, including military unac20 companied housing (as defined in section 2871 

21 of title 10, United States Code)’’ before the pe22 riod at the end. 

23 (b) IMPLEMENTATION.— 

24 (1) IN GENERAL.—In implementing the amend25 ments made by subsection (a), the Secretary of De-
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1 fense shall ensure that the standards required under 

2 section 2818 of the William M. (Mac) Thornberry 

3 National Defense Authorization Act for Fiscal Year 

4 2021 (Public Law 116–283; 10 U.S.C. 2871 note), 

5 as modified pursuant to those amendments, apply to 

6 military unaccompanied housing that is existing as 

7 of the date of the enactment of this Act and any 

8 such housing constructed or used on or after such 

9 date of enactment. 

10 (2) MILITARY UNACCOMPANIED HOUSING DE11 FINED.—In this subsection, the term ‘‘military unac12 companied housing’’ means the following housing 

13 owned by the United States Government: 

14 (A) Military housing intended to be occu15 pied by members of the Armed Forces serving 

16 a tour of duty unaccompanied by dependents. 

17 (B) Transient housing intended to be occu18 pied by members of the Armed Forces on tem19 porary duty. 

20 SEC. 2825. OVERSIGHT OF MILITARY UNACCOMPANIED 

21 HOUSING. 

22 (a) CIVILIAN OVERSIGHT.— 

23 (1) IN GENERAL.—Not later than 30 days after 

24 the date of the enactment of this Act, the Secretary 

25 of Defense shall prescribe regulations to require that 
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1 the Secretary of each military department establish 

2 a civilian employee of the Department of Defense, or 

3 of the military department concerned, at the housing 

4 office for each installation of the Department under 

5 the jurisdiction of such Secretary to oversee military 

6 unaccompanied housing at that installation. 

7 (2) SUPERVISORY CHAIN.—For any installation 

8 of the Department for which the unaccompanied 

9 housing manager is a member of the Armed Forces, 

10 the civilian employee established under paragraph 

11 (1) at such installation shall report to a civilian em12 ployee at the housing office for such installation. 

13 (b) BARRACKS OR DORMITORY MANAGER REQUIRE14 MENTS.— 

15 (1) LIMITATION ON ROLE BY MEMBERS OF THE

16 ARMED FORCES.—No enlisted member of the Armed 

17 Forces or commissioned officer may be designated as 

18 a barracks manager or supervisor in charge of over19 seeing, managing, accepting, or compiling mainte20 nance records for any military unaccompanied hous21 ing as a collateral duty. 

22 (2) POSITION DESIGNATION.—The function of a 

23 barracks manager or supervisor described in para24 graph (1) for an installation of the Department shall 

25 be completed by a civilian employee or contractor of 
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1 the Department who shall report to the government 

2 housing office of the installation. 

3 (c) MILITARY UNACCOMPANIED HOUSING DE4 FINED.—In this section, the term ‘‘military unaccom5 panied housing’’ means the following housing owned by 

6 the United States Government: 

7 (1) Military housing intended to be occupied by 

8 members of the Armed Forces serving a tour of duty 

9 unaccompanied by dependents. 

10 (2) Transient housing intended to be occupied 

11 by members of the Armed Forces on temporary 

12 duty. 

13 SEC. 2826. ELIMINATION OF FLEXIBILITIES FOR ADEQUACY 

14 OR CONSTRUCTION STANDARDS FOR MILI15 TARY UNACCOMPANIED HOUSING. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary of Defense 

18 shall modify all directives, instructions, manuals, regula19 tions, policies, and other guidance and issuances of the 

20 Department of Defense to eliminate the grant of any flexi21 bilities to— 

22 (1) minimum adequacy standards for configura23 tion, privacy, condition, health, and safety for exist24 ing permanent party military unaccompanied hous-
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1 ing to be considered suitable for assignment or occu2 pancy; and 

3 (2) standards for the construction of new mili4 tary unaccompanied housing. 

5 (b) MATTERS INCLUDED.—The requirement under 

6 subsection (a) shall include modifications that remove the 

7 flexibility provided to the military departments with re8 spect to standards for adequacy for assignment and new 

9 construction standards for military unaccompanied hous10 ing, including modification of the Housing Management 

11 Manual of the Department of Defense and Department 

12 of Defense Manual 4165.63, ‘‘DoD Housing Manage13 ment’’. 

14 (c) MILITARY UNACCOMPANIED HOUSING DE15 FINED.—In this section, the term ‘‘military unaccom16 panied housing’’ means the following housing owned by 

17 the United States Government: 

18 (1) Military housing intended to be occupied by 

19 members of the Armed Forces serving a tour of duty 

20 unaccompanied by dependents. 

21 (2) Transient housing intended to be occupied 

22 by members of the Armed Forces on temporary 

23 duty. 
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1 SEC. 2827. DESIGN STANDARDS FOR MILITARY UNACCOM2 PANIED HOUSING. 

3 (a) UNIFORM STANDARDS FOR FLOOR SPACE, NUM4 BER OF MEMBERS ALLOWED, AND HABITABILITY.— 

5 (1) IN GENERAL.—Section 2856 of title 10, 

6 United States Code, is amended— 

7 (A) in the section heading, by striking 

8 ‘‘local comparability of floor areas’’ 

9 and inserting ‘‘standards’’; 

10 (B) by striking ‘‘In’’ and inserting ‘‘(a) 

11 LOCAL COMPARABILITY IN FLOOR AREAS.— 

12 In’’; 

13 (C) in subsection (a), as designated by 

14 subparagraph (B), by inserting ‘‘, except for 

15 purposes of meeting minimum area require16 ments under subsection (b)(1)(A),’’ after ‘‘ex17 ceed’’; and 

18 (D) by adding at the end the following new 

19 subsection: 

20 ‘‘(b) FLOOR SPACE, NUMBER OF MEMBERS AL21 LOWED, AND HABITABILITY.— 

22 ‘‘(1) IN GENERAL.—In the design, assignment, 

23 and use of military unaccompanied housing, the Sec24 retary of Defense shall establish uniform standards 

25 that— 
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1 ‘‘(A) provide a minimum area of floor 

2 space, not including bathrooms or closets, per 

3 individual occupying a unit of military unac4 companied housing; 

5 ‘‘(B) ensure that not more than two indi6 viduals may occupy such a unit; and 

7 ‘‘(C) provide definitions and measures for 

8 habitability, specifying criteria of design and 

9 materiel quality to be applied and levels of 

10 maintenance to be required. 

11 ‘‘(2) WAIVER.—Standards established under 

12 paragraph (1) may be waived for specific units of 

13 military unaccompanied housing by the Secretary 

14 concerned (who may not delegate such waiver) for a 

15 period not longer than one year and may not be re16 newed.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of subchapter III of chapter 

19 169 of title 10, United States Code, is amended by 

20 striking the item relating to section 2856 and insert21 ing the following new item: 

‘‘2856. Military unaccompanied housing: standards.’’. 

22 (b) COMPLETION AND ISSUANCE OF UNIFORM

23 STANDARDS.—Not later than 180 days after the date of 

24 the enactment of this Act, the Secretary of Defense 

25 shall— 
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1 (1)(A) ensure that the uniform standards re2 quired under section 2856(b)(1) of title 10, United 

3 States Code, as added by subsection (a)(1)(D), are 

4 completed and issued; and 

5 (B) submit to the congressional defense com6 mittees a copy of those standards; or 

7 (2) submit to the congressional defense commit8 tees a report, under the Secretary’s signature— 

9 (A) explaining in detail why those stand10 ards are not completed and issued; 

11 (B) indicating when those standards are 

12 expected to be completed and issued; and 

13 (C) specifying the names of the personnel 

14 responsible for the failure of the Department of 

15 Defense to comply with paragraph (1). 

16 (c) COMPLIANCE WITH UNIFORM STANDARDS.— 

17 (1) IN GENERAL.—Not later than two years 

18 after the date of the enactment of this Act, the Sec19 retary of each military department shall ensure that 

20 all military unaccompanied housing, including 

21 privatized military housing under subchapter IV of 

22 chapter 169 of title 10, United States Code, located 

23 on an installation under the jurisdiction of such Sec24 retary complies with the uniform standards estab-
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1 lished under section 2856(b)(1) of title 10, United 

2 States Code, as added by subsection (a)(1)(D). 

3 (2) NO WAIVER.—The requirement under para4 graph (1) may not be waived. 

5 (3) MILITARY UNACCOMPANIED HOUSING DE6 FINED.—In this subsection, the term ‘‘military unac7 companied housing’’ has the meaning given that 

8 term in section 2871 of title 10, United States Code. 

9 (d) CERTIFICATION OF BUDGET REQUIREMENTS.— 

10 The Under Secretary of Defense (Comptroller) shall in11 clude with the submission to Congress by the President 

12 of the annual budget of the Department of Defense for 

13 each of fiscal years 2025 through 2029 under section 

14 1105(a) of title 31, United States Code, a signed certifi15 cation that the Department of Defense and each of the 

16 military departments has requested sufficient funds to 

17 comply with this section and the amendments made by 

18 this section. 

19 SEC. 2828. TERMINATION OF HABITABILITY STANDARD 

20 WAIVERS AND ASSESSMENT AND PLAN WITH 

21 RESPECT TO MILITARY UNACCOMPANIED 

22 HOUSING. 

23 (a) TERMINATION OF HABITABILITY STANDARD

24 WAIVERS.—On and after February 1, 2025, any waiver 

25 by the Department of Defense of habitability standards 
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1 for military unaccompanied housing in effect as of such 

2 date shall terminate. 

3 (b) ASSESSMENT.—Not later than 60 days after the 

4 date of the enactment of this Act, the Secretary of De5 fense, in coordination with the Secretary of each military 

6 department, shall submit to the congressional defense 

7 committees an assessment on the following: 

8 (1) The number of waivers currently in place 

9 for any standards for military unaccompanied hous10 ing as it relates to occupancy and habitability, 

11 disaggregated by Armed Force, location, and facility. 

12 (2) A list of each such waiver, disaggregated by 

13 Armed Force, with a notation of which official ap14 pointed by the President and confirmed by the Sen15 ate approved the waiver. 

16 (3) The number of members of the Armed 

17 Forces impacted by each such waiver, disaggregated 

18 by location. 

19 (c) PLAN.— 

20 (1) IN GENERAL.—Not later than 120 days 

21 after the date of the enactment of this Act, the Sec22 retary of Defense, in coordination with the Secretary 

23 of each military department, shall submit to the 

24 Committees on Armed Services of the Senate and 

25 the House of Representatives and the Comptroller 
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1 General of the United States a plan on addressing 

2 the deficiencies of military unaccompanied housing, 

3 including barracks and dormitories, that led to the 

4 use of waivers described in subsection (b)(1). 

5 (2) ELEMENTS.—The plan required under 

6 paragraph (1) shall include— 

7 (A) a timeline for repairs, renovations, or 

8 minor or major military construction; 

9 (B) the cost of any such repair, renovation, 

10 or construction; and 

11 (C) an installation-by-installation get-well 

12 plan. 

13 (3) IMPLEMENTATION.—Not later than 60 days 

14 after receiving the plan required under paragraph 

15 (1), the Comptroller General shall brief the Commit16 tees on Armed Services of the Senate and the House 

17 of Representatives on— 

18 (A) the ability of the Department of De19 fense to execute the plan; and 

20 (B) any recommendations of the Comp21 troller General for modifying the plan. 

22 (d) MILITARY UNACCOMPANIED HOUSING DE23 FINED.—In this section, the term ‘‘military unaccom24 panied housing’’ means the following housing owned by 

25 the United States Government: 
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1 (1) Military housing intended to be occupied by 

2 members of the Armed Forces serving a tour of duty 

3 unaccompanied by dependents. 

4 (2) Transient housing intended to be occupied 

5 by members of the Armed Forces on temporary 

6 duty. 

7 SEC. 2829. REQUIREMENT FOR SECURITY CAMERAS IN 

8 COMMON AREAS AND ENTRY POINTS OF MILI9 TARY UNACCOMPANIED HOUSING. 

10 (a) NEW HOUSING.—The Secretary of Defense shall 

11 ensure that all renovations of military unaccompanied 

12 housing authorized on or after the date of the enactment 

13 of this Act that exceed 20 percent of the replacement cost 

14 of such facility and all construction of new military unac15 companied housing authorized on or after such date are 

16 designed and executed with security cameras in all com17 mon areas and entry points as part of a closed circuit tele18 vision system. 

19 (b) RETROFITTING.—Not later than three years after 

20 the date of the enactment of this Act, the Secretary shall 

21 ensure that all military unaccompanied housing facilities 

22 are retrofitted with security cameras in all common areas 

23 and entry points as part of a closed circuit television sys24 tem. 

25 (c) DEFINITIONS.—In this section: 
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1 (1) COMMON AREA.—The term ‘‘common area’’ 

2 has the meaning given that term by the Secretary of 

3 Defense and shall balance the need to increase secu4 rity in appropriate areas with the privacy expecta5 tions of members of the Armed Forces in military 

6 unaccompanied housing. 

7 (2) MILITARY UNACCOMPANIED HOUSING.—The 

8 term ‘‘military unaccompanied housing’’ means the 

9 following housing owned by the United States Gov10 ernment: 

11 (A) Military housing intended to be occu12 pied by members of the Armed Forces serving 

13 a tour of duty unaccompanied by dependents. 

14 (B) Transient housing intended to be occu15 pied by members of the Armed Forces on tem16 porary duty. 

17 SEC. 2830. ANNUAL REPORT ON MILITARY UNACCOM18 PANIED HOUSING. 

19 (a) IN GENERAL.—Not later than one year after the 

20 date of the enactment of this Act, and annually thereafter 

21 for the following four years, the Secretary of Defense shall 

22 submit to the Committees on Armed Services of the Sen23 ate and the House of Representatives a report on military 

24 unaccompanied housing, excluding privatized military 
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1 housing under subchapter IV of chapter 169 of title 10, 

2 United States Code. 

3 (b) ELEMENTS.—Each report required under sub4 section (a) shall contain a section provided by each Sec5 retary of a military department that— 

6 (1) is certified by the Secretary concerned; 

7 (2) includes a list of all military unaccompanied 

8 housing facilities located on each installation under 

9 the jurisdiction of the Secretary concerned; 

10 (3) identifies the replacement cost for each such 

11 facility; 

12 (4) identifies the percentage of repair costs as 

13 it compares to the total replacement cost for each 

14 such facility; and 

15 (5) specifies the funding required to conduct all 

16 needed repairs and improvements at each such facil17 ity. 

18 (c) MILITARY UNACCOMPANIED HOUSING DE19 FINED.—In this section, the term ‘‘military unaccom20 panied housing’’ has the meaning given that term in sec21 tion 2871 of title 10, United States Code. 
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1 PART II—PRIVATIZED MILITARY HOUSING 

2 SEC. 2841. IMPROVEMENTS TO PRIVATIZED MILITARY 

3 HOUSING. 

4 (a) LIMITATION ON HOUSING ENHANCEMENT PAY5 MENTS.—Section 606(a)(2) of the John S. McCain Na6 tional Defense Authorization Act for Fiscal Year 2019 

7 (Public Law 115–232;10 U.S.C. 2871 note) is amended— 

8 (1) in subparagraph (A)— 

9 (A) by striking ‘‘Each month’’ and insert10 ing ‘‘Except as provided in subparagraph (D), 

11 each month’’; and 

12 (B) by striking ‘‘one of more’’ and insert13 ing ‘‘one or more’’; and 

14 (2) by adding at the end the following new sub15 paragraph: 

16 ‘‘(D) LIMITATION ON PAYMENT.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), the Secretary of a military department 

19 may not make a payment under subpara20 graph (A) to a lessor unless the Assistant 

21 Secretary of Defense for Energy, Installa22 tions, and Environment determines the les23 sor is in compliance with the Military 

24 Housing Privatization Initiative Tenant 

25 Bill of Rights developed under section 

26 2890 of title 10, United States Code. 
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1 ‘‘(ii) APPLICATION.—The limitation 

2 under clause (i) shall apply to any pay3 ment under a housing agreement entered 

4 into on or after the date of the enactment 

5 of the National Defense Authorization Act 

6 for Fiscal Year 2024 by the Secretary of 

7 a military department with a lessor.’’. 

8 (b) INCLUSION OF INFORMATION ON COMPLIANCE

9 WITH TENANT BILL OF RIGHTS IN NOTICE OF LEASE

10 EXTENSION.—Section 2878(f)(2) of title 10, United 

11 States Code, is amended by adding at the end the fol12 lowing new subparagraph: 

13 ‘‘(E) An assessment of compliance by the lessor 

14 with the Military Housing Privatization Initiative 

15 Tenant Bill of Rights developed under section 2890 

16 of this title.’’. 

17 (c) MODIFICATION OF AUTHORITY TO INVESTIGATE

18 REPRISALS.—Subsection (e) of section 2890 of such title 

19 is amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘Assistant Secretary of De22 fense for Sustainment’’ and inserting ‘‘Inspec23 tor General of the Department of Defense’’; 

24 and 
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1 (B) by striking ‘‘member of the armed 

2 forces’’ and inserting ‘‘tenant’’; 

3 (2) in paragraph (2)— 

4 (A) in the matter preceding subparagraph 

5 (A)— 

6 (i) by striking ‘‘Assistant Secretary of 

7 Defense for Sustainment’’ and inserting 

8 ‘‘Inspector General’’; 

9 (ii) by striking ‘‘member of the armed 

10 forces’’ and inserting ‘‘tenant’’; and 

11 (iii) by striking ‘‘Assistant Secretary’’ 

12 and inserting ‘‘Inspector General’’; and 

13 (B) in subparagraph (B), by striking ‘‘As14 sistant Secretary’’ and inserting ‘‘Inspector 

15 General’’; and 

16 (3) in paragraph (3)— 

17 (A) by striking ‘‘Assistant Secretary of De18 fense for Sustainment’’ and inserting ‘‘Inspec19 tor General of the Department of Defense’’; 

20 and 

21 (B) by striking ‘‘Secretary of the military 

22 department concerned’’ and inserting ‘‘Inspec23 tor General of the military department con24 cerned’’. 
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1 SEC. 2842. IMPLEMENTATION OF COMPTROLLER GENERAL 

2 RECOMMENDATIONS RELATING TO 

3 STRENGTHENING OVERSIGHT OF 

4 PRIVATIZED MILITARY HOUSING. 

5 Not later than one year after the date of the enact6 ment of this Act, the Secretary of Defense shall— 

7 (1) implement the recommendations of the 

8 Comptroller General of the United States contained 

9 in the report published by the Comptroller General 

10 on April 6, 2023, reissued with revisions on April 

11 20, 2023, and titled ‘‘DOD Can Further Strengthen 

12 Oversight of Its Privatized Housing Program’’ 

13 (GAO–23–105377); or 

14 (2) if the Secretary does not implement any 

15 such recommendation, submit to the Committees on 

16 Armed Services of the Senate and the House of Rep17 resentatives a report explaining why the Secretary 

18 has not implemented those recommendations. 

19 SEC. 2843. TREATMENT OF NONDISCLOSURE AGREEMENTS 

20 WITH RESPECT TO PRIVATIZED MILITARY 

21 HOUSING. 

22 Section 2890(f)(1) of title 10, United States Code, 

23 is amended— 

24 (1) by striking ‘‘A tenant or prospective tenant 

25 of a housing unit may not be required to sign’’ and 
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1 inserting ‘‘A landlord may not request that a tenant 

2 or prospective tenant of a housing unit sign’’; and 

3 (2) by inserting at the end the following: ‘‘The 

4 military services should seek to inform members of 

5 the armed forces of the possible consequences of en6 tering into a nondisclosure agreement and encourage 

7 members to seek legal counsel before entering into 

8 such an agreement if they have questions about spe9 cific contractual terms.’’. 

10 PART III—OTHER HOUSING MATTERS 

11 SEC. 2851. DEPARTMENT OF DEFENSE MILITARY HOUSING 

12 READINESS COUNCIL. 

13 (a) IN GENERAL.—Subchapter I of chapter 88 of title 

14 10, United States Code, is amended by inserting after sec15 tion 1781c the following new section: 

16 ‘‘§ 1781d. Department of Defense Military Housing 

17 Readiness Council 

18 ‘‘(a) IN GENERAL.—There is in the Department of 

19 Defense the Department of Defense Military Housing 

20 Readiness Council (in this section referred to as the 

21 ‘Council’). 

22 ‘‘(b) MEMBERS.— 

23 ‘‘(1) IN GENERAL.—The Council shall be com24 posed of the following members: 
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1 ‘‘(A) The Assistant Secretary of Defense 

2 for Energy, Installations, and Environment, 

3 who shall serve as chair of the Council and who 

4 may designate a representative to chair the 

5 Council in the absence of the Assistant Sec6 retary. 

7 ‘‘(B) One representative of each of the 

8 Army, Navy, Air Force, Marine Corps, and 

9 Space Force, each of whom shall be a member 

10 of the armed force to be represented and not 

11 fewer than two of which shall be from an en12 listed component. 

13 ‘‘(C) One spouse of a member of each of 

14 the Army, Navy, Air Force, Marine Corps, and 

15 Space Force on active duty, not fewer than two 

16 of which shall be the spouse of an enlisted 

17 member. 

18 ‘‘(D) One professional from each of the fol19 lowing fields, each of whom shall possess exper20 tise in State and Federal housing standards in 

21 their respective field: 

22 ‘‘(i) Plumbing. 

23 ‘‘(ii) Electrical. 

24 ‘‘(iii) Heating, ventilation, and air 

25 conditioning (HVAC). 
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1 ‘‘(iv) Certified home inspection. 

2 ‘‘(v) Roofing. 

3 ‘‘(vi) Structural engineering. 

4 ‘‘(vii) Window fall prevention and 

5 safety. 

6 ‘‘(E) Two representatives of organizations 

7 that advocate on behalf of military families with 

8 respect to military housing. 

9 ‘‘(F) One individual appointed by the Sec10 retary of Defense among representatives of the 

11 International Code Council. 

12 ‘‘(G) One individual appointed by the Sec13 retary of Defense among representatives of the 

14 Institute of Inspection Cleaning and Restora15 tion Certification. 

16 ‘‘(H) One individual appointed by the Sec17 retary of Defense among representatives of a 

18 voluntary consensus standards body that devel19 ops construction standards (such as building, 

20 plumbing, mechanical, or electrical). 

21 ‘‘(I) One individual appointed by the Sec22 retary of Defense among representatives of a 

23 voluntary consensus standards body that devel24 ops personnel certification standards for build25 ing maintenance or restoration. 
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1 ‘‘(2) TERMS.—The term on the Council of the 

2 members specified under subparagraphs (B) through 

3 (M) of paragraph (1) shall be two years and may be 

4 renewed by the Secretary of Defense. 

5 ‘‘(3) ATTENDANCE BY LANDLORDS.—The chair 

6 of the Council shall extend an invitation to each 

7 landlord for one representative of each landlord to 

8 attend such meetings of the Council as the chair 

9 considers appropriate. 

10 ‘‘(4) ADDITIONAL REQUIREMENTS FOR CERTAIN

11 MEMBERS.—Each member appointed under para12 graph (1)(D) may not be affiliated with— 

13 ‘‘(A) any organization that provides 

14 privatized military housing; or 

15 ‘‘(B) the Department of Defense. 

16 ‘‘(c) MEETINGS.—The Council shall meet two times 

17 each year. 

18 ‘‘(d) DUTIES.—The duties of the Council shall in19 clude the following: 

20 ‘‘(1) To review and make recommendations to 

21 the Secretary of Defense regarding policies for 

22 privatized military housing, including inspections 

23 practices, resident surveys, landlord payment of 

24 medical bills for residents of housing units that have 
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1 not maintained minimum standards of habitability, 

2 and access to maintenance work order systems. 

3 ‘‘(2) To monitor compliance by the Department 

4 of Defense with and effective implementation by the 

5 Department of statutory and regulatory improve6 ments to policies for privatized military housing, in7 cluding the Military Housing Privatization Initiative 

8 Tenant Bill of Rights developed under section 2890 

9 of this title and the complaint database established 

10 under section 2894a of this title. 

11 ‘‘(3) To make recommendations to the Sec12 retary of Defense to improve collaboration, aware13 ness, and promotion of accurate and timely informa14 tion about privatized military housing, accommoda15 tions available through the Exceptional Family 

16 Member Program of the Department, and other sup17 port services among policymakers, providers of such 

18 accommodations and other support services, and tar19 geted beneficiaries of such accommodations and 

20 other support services. 

21 ‘‘(e) PUBLIC REPORTING.— 

22 ‘‘(1) AVAILABILITY OF DOCUMENTS.—Subject 

23 to section 552 of title 5 (commonly known as the 

24 ‘Freedom of Information Act’), the records, reports, 

25 transcripts, minutes, appendices, working papers, 
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1 drafts, studies, agenda, and other documents made 

2 available to or prepared for or by the Council shall 

3 be available for public inspection and copying at a 

4 single location in a publicly accessible format on a 

5 website of the Department of Defense until the 

6 Council ceases to exist. 

7 ‘‘(2) MINUTES.— 

8 ‘‘(A) IN GENERAL.—Detailed minutes of 

9 each meeting of the Council shall be kept and 

10 shall contain— 

11 ‘‘(i) a record of the individuals 

12 present; 

13 ‘‘(ii) a complete and accurate descrip14 tion of matters discussed and conclusions 

15 reached; and 

16 ‘‘(iii) copies of all reports received, 

17 issued, or approved by the Council. 

18 ‘‘(B) CERTIFICATION.—The chair of the 

19 Council shall certify the accuracy of the min20 utes of each meeting of the Council. 

21 ‘‘(f) ANNUAL REPORTS.— 

22 ‘‘(1) IN GENERAL.—Not later than March 1 

23 each year, the Council shall submit to the Secretary 

24 of Defense and the congressional defense committees 

25 a report on privatized military housing readiness. 
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1 ‘‘(2) ELEMENTS.—Each report under this sub2 section shall include the following: 

3 ‘‘(A) An assessment of the adequacy and 

4 effectiveness of the provision of privatized mili5 tary housing and the activities of the Depart6 ment of Defense in meeting the needs of mili7 tary families relating to housing during the pre8 ceding fiscal year. 

9 ‘‘(B) A description of activities of the 

10 Council during the preceding fiscal year, includ11 ing— 

12 ‘‘(i) analyses of complaints of tenants 

13 of housing units; 

14 ‘‘(ii) data received by the Council on 

15 maintenance response time and completion 

16 of maintenance requests relating to hous17 ing units; 

18 ‘‘(iii) assessments of dispute resolu19 tion processes; 

20 ‘‘(iv) assessments of overall customer 

21 service for tenants; 

22 ‘‘(v) assessments of results of housing 

23 inspections conducted with and without no24 tice; and 
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1 ‘‘(vi) any survey results conducted on 

2 behalf of or received by the Council. 

3 ‘‘(C) Recommendations on actions to be 

4 taken to improve the capability of the provision 

5 of privatized military housing and the activities 

6 of the Department of Defense to meet the needs 

7 and requirements of military families relating to 

8 housing, including actions relating to the alloca9 tion of funding and other resources. 

10 ‘‘(3) PUBLIC AVAILABILITY.—Each report 

11 under this subsection shall be made available in a 

12 publicly accessible format on a website of the De13 partment of Defense. 

14 ‘‘(g) DEFINITIONS.—In this section: 

15 ‘‘(1) LANDLORD.—The term ‘landlord’ has the 

16 meaning given that term in section 2871 of this 

17 title. 

18 ‘‘(2) PRIVATIZED MILITARY HOUSING.—The 

19 term ‘privatized military housing’ means housing 

20 provided under subchapter IV of chapter 169 of this 

21 title.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such subchapter is amended by insert24 ing after the item relating to section 1781c the following 

25 new item: 

‘‘1781d. Department of Defense Military Housing Readiness Council.’’. 
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1 SEC. 2852. INCLUSION IN ANNUAL STATUS OF FORCES SUR2 VEY OF QUESTIONS REGARDING LIVING CON3 DITIONS OF MEMBERS OF THE ARMED 

4 FORCES. 

5 The Secretary of Defense shall include in each status 

6 of forces survey of the Department of Defense conducted 

7 on or after the date of the enactment of this Act questions 

8 specifically targeting the following areas: 

9 (1) Overall satisfaction of members of the 

10 Armed Forces with their current living accommoda11 tion. 

12 (2) Satisfaction of such members with the phys13 ical condition of their current living accommodation. 

14 (3) Satisfaction of such members with the af15 fordability of their current living accommodation. 

16 (4) Whether the current living accommodation 

17 of such members has impacted any decision related 

18 to reenlistment in the Armed Forces. 

19 Subtitle C—Land Conveyances 

20 SEC. 2861. LAND CONVEYANCE, BG J SUMNER JONES ARMY 

21 RESERVE CENTER, WHEELING, WEST VIR22 GINIA. 

23 (a) CONVEYANCE AUTHORIZED.— 

24 (1) IN GENERAL.—The Secretary of the Army 

25 (in this section referred to as the ‘‘Secretary’’) may 

26 convey to the City of Wheeling, West Virginia (in 
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1 this section referred to as the ‘‘City’’), all right, 

2 title, and interest of the United States in and to a 

3 parcel of real property, including any improvements 

4 thereon, consisting of approximately 3.33 acres, 

5 known as the former BG J Sumner Jones Army Re6 serve Center, located within the City, for the pur7 pose of providing emergency management response 

8 or law enforcement services. 

9 (2) CONTINUATION OF EXISTING EASEMENTS, 

10 RESTRICTIONS, AND COVENANTS.—The conveyance 

11 of the property under paragraph (1) shall be subject 

12 to any easement, restriction, or covenant of record 

13 applicable to the property and in existence on the 

14 date of the enactment of this Act. 

15 (b) REVISIONARY INTEREST.— 

16 (1) IN GENERAL.—If the Secretary determines 

17 at any time that the property conveyed under sub18 section (a) is not being used in accordance with the 

19 purpose of the conveyance specified in such sub20 section, all right, title, and interest in and to the 

21 property, including any improvements thereto, may, 

22 at the option of the Secretary, revert to and become 

23 the property of the United States, and the United 

24 States may have the right of immediate entry onto 

25 such property. 
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1 (2) DETERMINATION.—A determination by the 

2 Secretary under paragraph (1) may be made on the 

3 record after an opportunity for a hearing. 

4 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

5 (1) PAYMENT REQUIRED.—The Secretary may 

6 require the City to cover all costs (except costs for 

7 environmental remediation of the property) to be in8 curred by the Secretary, or to reimburse the Sec9 retary for costs incurred by the Secretary, to carry 

10 out the conveyance under subsection (a), including 

11 costs for environmental and real estate due diligence 

12 and any other administrative costs related to the 

13 conveyance. 

14 (2) REFUND OF EXCESS AMOUNTS.—If 

15 amounts are collected from the City under para16 graph (1) in advance of the Secretary incurring the 

17 actual costs, and the amount collected exceeds the 

18 costs actually incurred by the Secretary to carry out 

19 the conveyance under subsection (a), the Secretary 

20 shall refund the excess amount to the City. 

21 (d) LIMITATION ON SOURCE OF FUNDS.—The City 

22 may not use Federal funds to cover any portion of the 

23 costs required to be paid by the City under this section. 

24 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

25 and legal description of the property to be conveyed under 
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1 subsection (a) shall be determined by a survey satisfactory 

2 to the Secretary. 

3 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions 

5 in connection with the conveyance under subsection (a) as 

6 the Secretary considers appropriate to protect the inter7 ests of the United States. 

8 SEC. 2862. LAND CONVEYANCE, WETZEL COUNTY MEMO9 RIAL ARMY RESERVE CENTER, NEW 

10 MARTINSVILLE, WEST VIRGINIA. 

11 (a) CONVEYANCE AUTHORIZED.— 

12 (1) IN GENERAL.—The Secretary of the Army 

13 (in this section referred to as the ‘‘Secretary’’) may 

14 convey to the City of New Martinsville, West Vir15 ginia (in this section referred to as the ‘‘City’’), all 

16 right, title, and interest of the United States in and 

17 to a parcel of real property, including any improve18 ments thereon, consisting of approximately 2.96 

19 acres, known as the former Wetzel County Memorial 

20 Army Reserve Center, located within the City, for 

21 the purpose of providing emergency management re22 sponse or law enforcement services. 

23 (2) CONTINUATION OF EXISTING EASEMENTS, 

24 RESTRICTIONS, AND COVENANTS.—The conveyance 

25 of the property under paragraph (1) shall be subject 
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1 to any easement, restriction, or covenant of record 

2 applicable to the property and in existence on the 

3 date of the enactment of this Act. 

4 (b) REVISIONARY INTEREST.— 

5 (1) IN GENERAL.—If the Secretary determines 

6 at any time that the property conveyed under sub7 section (a) is not being used in accordance with the 

8 purpose of the conveyance specified in such sub9 section, all right, title, and interest in and to the 

10 property, including any improvements thereto, may, 

11 at the option of the Secretary, revert to and become 

12 the property of the United States, and the United 

13 States may have the right of immediate entry onto 

14 such property. 

15 (2) DETERMINATION.—A determination by the 

16 Secretary under paragraph (1) may be made on the 

17 record after an opportunity for a hearing. 

18 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

19 (1) PAYMENT REQUIRED.—The Secretary may 

20 require the City to cover all costs (except costs for 

21 environmental remediation of the property) to be in22 curred by the Secretary, or to reimburse the Sec23 retary for costs incurred by the Secretary, to carry 

24 out the conveyance under subsection (a), including 

25 costs for environmental and real estate due diligence 
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1 and any other administrative costs related to the 

2 conveyance. 

3 (2) REFUND OF EXCESS AMOUNTS.—If 

4 amounts are collected from the City under para5 graph (1) in advance of the Secretary incurring the 

6 actual costs, and the amount collected exceeds the 

7 costs actually incurred by the Secretary to carry out 

8 the conveyance under subsection (a), the Secretary 

9 shall refund the excess amount to the City. 

10 (d) LIMITATION ON SOURCE OF FUNDS.—The City 

11 may not use Federal funds to cover any portion of the 

12 costs required to be paid by the City under this section. 

13 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the property to be conveyed under 

15 subsection (a) shall be determined by a survey satisfactory 

16 to the Secretary. 

17 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions 

19 in connection with the conveyance under subsection (a) as 

20 the Secretary considers appropriate to protect the inter21 ests of the United States. 
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1 Subtitle D—Other Matters 

2 SEC. 2871. AUTHORITY TO CONDUCT ENERGY RESILIENCE 

3 AND CONSERVATION PROJECTS AT INSTAL4 LATIONS WHERE NON-DEPARTMENT OF DE5 FENSE FUNDED ENERGY PROJECTS HAVE OC6 CURRED. 

7 Subsection (k) of section 2688 of title 10, United 

8 States Codes, is amended to read as follows: 

9 ‘‘(k) IMPROVEMENT OF CONVEYED UTILITY SYS10 TEM.—(1) In the case of a utility system that has been 

11 conveyed under this section and that only provides utility 

12 services to a military installation, the Secretary of Defense 

13 or the Secretary of a military department may authorize 

14 a contract on a sole source basis with the conveyee of the 

15 utility system to carry out a military construction project 

16 as authorized and appropriated for by law for an infra17 structure improvement that enhances the reliability, resil18 ience, efficiency, physical security, or cybersecurity of the 

19 utility system. 

20 ‘‘(2) The Secretary of Defense or the Secretary of 

21 a military Department may convey under subsection (j) 

22 any infrastructure constructed under paragraph (1) that 

23 is in addition to the utility system conveyed under such 

24 paragraph.’’. 
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1 SEC. 2872. LIMITATION ON AUTHORITY TO MODIFY OR RE2 STRICT PUBLIC ACCESS TO GREENBURY 

3 POINT CONSERVATION AREA AT NAVAL SUP4 PORT ACTIVITY ANNAPOLIS, MARYLAND. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), the Secretary of the Navy may not modify or restrict 

7 public access to the Greenbury Point Conservation Area 

8 at Naval Support Activity Annapolis, Maryland, until— 

9 (1) the Secretary submits to Congress a report 

10 describing the manner in which such access will be 

11 modified or restricted; and 

12 (2) a law is enacted permitting such modifica13 tions or restrictions. 

14 (b) EXCEPTIONS.—Subsection (a) shall not apply 

15 to— 

16 (1) temporary restrictions to protect public 

17 safety that are necessitated by emergent situations, 

18 hazardous conditions, maintenance of existing facili19 ties, or live fire exercises; or 

20 (2) the lease or transfer of the Greenbury Point 

21 Conservation Area to another public entity. 
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1 SEC. 2873. AUTHORIZATION FOR THE SECRETARY OF THE 

2 NAVY TO RESOLVE THE ELECTRICAL UTILITY 

3 OPERATIONS AT FORMER NAVAL AIR STA4 TION BARBERS POINT (CURRENTLY KNOWN 

5 AS ‘‘KALAELOA’’), HAWAII. 

6 (a) IN GENERAL.—The Secretary of the Navy (in this 

7 section referred to as the ‘‘Secretary’’) may enter into an 

8 agreement with the State of Hawaii for the purpose of 

9 resolving the electrical utility operations at Former Naval 

10 Air Station Barbers Point, also known as ‘‘Kalaeloa’’, Ha11 waii. 

12 (b) ELEMENTS OF AGREEMENT.—An agreement en13 tered into under subsection (a) shall include a requirement 

14 that the Secretary— 

15 (1) assist with— 

16 (A) the transfer of customers of the Navy 

17 off of the electrical utility system of the Navy 

18 in the location specified in such subsection; and 

19 (B) the enhancement of the new sur20 rounding electrical system to accept any addi21 tional load from such transfer, with a priority 

22 in the downtown area, which is home to nine 

23 large customers, including the Hawaii Army 

24 National Guard; 
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1 (2) provide the instantaneous peak demand 

2 analysis and design necessary to conduct such trans3 fer; 

4 (3) provide rights of way and easements nec5 essary to support the construction of replacement 

6 electrical infrastructure; and 

7 (4) be responsible for all environmental assess8 ments and remediation and costs related to the re9 moval and disposal of the electrical utility system of 

10 the Navy once it is no longer in use. 

11 (c) LIMITATION ON EXPENDITURE OF AMOUNTS.— 

12 The Secretary may expend not more than $48,000,000 

13 during any fiscal year to provide support for an agreement 

14 entered into under subsection (a). 

15 (d) NOTIFICATION.—Not later than 180 days after 

16 the date of the enactment of this Act, and not less fre17 quently than every 180 days thereafter, the Secretary shall 

18 submit to the congressional defense committees a report 

19 on progress made in initiating and executing an agreement 

20 under subsection (a). 

21 SEC. 2874. CLARIFICATION OF OTHER TRANSACTION AU22 THORITY FOR INSTALLATION OR FACILITY 

23 PROTOTYPING. 

24 Section 4022(i) of title 10, United States Code, is 

25 amended— 
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1 (1) in paragraph (2)— 

2 (A) in subparagraph (A), by striking ‘‘; 

3 and’’ and inserting a period; 

4 (B) by striking subparagraph (B); and 

5 (C) by striking ‘‘paragraph (1)’’ and all 

6 that follows through ‘‘not more’’ and inserting 

7 ‘‘paragraph (1), except for projects carried out 

8 for the purpose of repairing a facility, not 

9 more’’; 

10 (2) by redesignating paragraph (3) as para11 graph (4); and 

12 (3) by inserting after paragraph (2) the fol13 lowing new paragraph (3): 

14 ‘‘(3) USE OF AMOUNTS.—The Secretary of De15 fense or the Secretary of a military department may 

16 carry out prototype projects under the pilot program 

17 established under paragraph (1) using amounts 

18 available for military construction, notwith19 standing— 

20 ‘‘(A) subchapters I and III of chapter 169 

21 of this title; and 

22 ‘‘(B) chapters 221 and 223 of this title.’’. 
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1 SEC. 2875. REQUIREMENT THAT DEPARTMENT OF DEFENSE 

2 INCLUDE MILITARY INSTALLATION RESIL3 IENCE IN REAL PROPERTY MANAGEMENT 

4 AND INSTALLATION MASTER PLANNING OF 

5 DEPARTMENT. 

6 Not later than one year after the date of the enact7 ment of this Act, the Secretary of Defense shall— 

8 (1) update Department of Defense Instruction 

9 4165.70 (relating to real property management) and 

10 Unified Facilities Criteria 2–100–01 (relating to in11 stallation master planning) to— 

12 (A) include a requirement to incorporate 

13 the impact of military installation resilience in 

14 all installation master plans; 

15 (B) include a list of all sources of informa16 tion approved by the Department of Defense; 

17 (C) define the 17 military installation resil18 ience hazards to ensure that the impacts from 

19 such hazards are reported consistently across 

20 the Department; 

21 (D) require military installations to ad22 dress the rationale for determining that any 

23 such hazard is not applicable to the installation; 

24 (E) standardize reporting formats for mili25 tary installation resilience plans; 
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1 (F) establish and define standardized risk 

2 rating categories for the use by all military de3 partments; and 

4 (G) define criteria for determining the level 

5 of risk to an installation to compare hazards be6 tween military departments; and 

7 (2) require the Secretary of each military de8 partment to update the handbook for the military 

9 department concerned to incorporate the require10 ments under paragraph (1). 

11 SEC. 2876. INCREASE OF LIMITATION ON FEE FOR ARCHI12 TECTURAL AND ENGINEERING SERVICES 

13 PROCURED BY MILITARY DEPARTMENTS. 

14 (a) ARMY.—Section 7540(b) of title 10, United 

15 States Code, is amended by striking ‘‘6 percent’’ and in16 serting ‘‘10 percent’’. 

17 (b) NAVY.—Section 8612(b) of such title is amended 

18 by striking ‘‘6 percent’’ and inserting ‘‘10 percent’’. 

19 (c) AIR FORCE.—Section 9540(b) of such title is 

20 amended by striking ‘‘6 percent’’ and inserting ‘‘10 per21 cent’’. 
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1 SEC. 2877. REQUIREMENT THAT ALL MATERIAL TYPES BE 

2 CONSIDERED FOR DESIGN-BID-BUILD MILI3 TARY CONSTRUCTION PROJECTS. 

4 (a) IN GENERAL.—The Secretary concerned may not 

5 proceed from the design phase of a design-bid-build mili6 tary construction project or solicit bids for the construc7 tion phase of a design-bid-build military construction 

8 project until the Secretary of Defense certifies that all ma9 terials included in the Unified Facilities Criteria of the 

10 Department of Defense have been equally considered for 

11 such project. 

12 (b) ANNUAL REPORT.—Not later than January 1 of 

13 each year, the Under Secretary of Defense for Acquisition 

14 and Sustainment shall submit to the congressional defense 

15 committees a report— 

16 (1) detailing the primary construction material 

17 for each design-bid-build military construction 

18 project for which a contract was awarded during the 

19 previous fiscal year in an amount that exceeds 

20 $6,000,000; and 

21 (2) identifying whether each such project was 

22 designed or constructed based off a shelf design used 

23 at another installation of the Department of De24 fense. 

25 (c) SECRETARY CONCERNED DEFINED.—In this sec26 tion, the term ‘‘Secretary concerned’’ has the meaning 
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1 given that term in section 101(a)(9) of title 10, United 

2 States Code. 

3 SEC. 2878. CONTINUING EDUCATION CURRICULUM FOR 

4 MEMBERS OF THE MILITARY CONSTRUCTION 

5 PLANNING AND DESIGN WORKFORCE AND 

6 ACQUISITION WORKFORCE OF THE DEPART7 MENT OF DEFENSE. 

8 (a) IN GENERAL.—Not later than 270 days after the 

9 date of the enactment of this Act, the Secretary of Defense 

10 shall establish a continuing education curriculum for 

11 members of the military construction planning and design 

12 workforce of the Department of Defense and the acquisi13 tion workforce of the Department responsible for military 

14 construction projects. 

15 (b) CURRICULUM.—The continuing education cur16 riculum required under subsection (a)— 

17 (1) shall be focused on improving the under18 standing, awareness, and utilization of innovative 

19 products for construction systems with increased 

20 benefits relating to— 

21 (A) construction speed; 

22 (B) anti-terrorism force protection; 

23 (C) lateral wind, seismic activity, and fire 

24 performance standards; 
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1 (D) designs that factor in military installa2 tion resilience and protection against extreme 

3 weather events; 

4 (E) life-cycle cost effectiveness and sus5 tainability; 

6 (F) renewability; and 

7 (G) carbon sequestration; and 

8 (2) shall include instruction relating to— 

9 (A) all sustainable building materials, such 

10 as innovative wood products and mass timber 

11 systems; and 

12 (B) designs to improve military installation 

13 resilience using projection data against extreme 

14 weather events. 

15 (c) AVAILABILITY AND UPDATE.—The Secretary 

16 shall ensure that— 

17 (1) the continuing education curriculum re18 quired under subsection (a) is made available to 

19 each element of the military construction community 

20 not later than 60 days after completion of the cur21 riculum; and 

22 (2) such curriculum is updated whenever a new 

23 construction material is approved by the Unified Fa24 cilities Criteria of the Department. 
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1 (d) ACADEMIA INPUT.—In developing the continuing 

2 education curriculum required under subsection (a), the 

3 Secretary shall consult with academic institutions. 

4 (e) TIMING.—Not later than January 1, 2025, the 

5 Secretary shall ensure that— 

6 (1) not less than 75 percent of the workforce 

7 described in subsection (a) has completed the first 

8 iteration of the continuing education curriculum re9 quired under such subsection; and 

10 (2) such workforce receives updated information 

11 on innovative construction techniques on a con12 tinuing basis. 

13 (f) REPORT.—Not later than June 1, 2024, the Sec14 retary shall submit to appropriate committees of Congress 

15 a report containing an update on the status of the con16 tinuing education curriculum required under subsection 

17 (a). 

18 (g) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE COMMITTEES OF CON20 GRESS.—The term ‘‘appropriate committees of Con21 gress’’ means— 

22 (A) the Committee on Armed Services and 

23 the Subcommittee on Military Construction, 

24 Veterans Affairs and Related Agencies of the 
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1 Committee on Appropriations of the Senate; 

2 and 

3 (B) the Committee on Armed Services and 

4 the Subcommittee on Military Construction, 

5 Veterans Affairs and Related Agencies of the 

6 Committee on Appropriations of the House of 

7 Representatives. 

8 (2) MILITARY INSTALLATION RESILIENCE.— 

9 The term ‘‘military installation resilience’’ has the 

10 meaning given that term in section 101(e)(8) of title 

11 10, United States Code. 

12 SEC. 2879. GUIDANCE ON DEPARTMENT OF DEFENSE-WIDE 

13 STANDARDS FOR ACCESS TO INSTALLATIONS 

14 OF THE DEPARTMENT. 

15 (a) INTERIM GUIDANCE.—Not later than 30 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Defense shall promulgate interim guidance to the ap18 propriate official or officials within the Department of De19 fense for purposes of establishing final standards of the 

20 Department for fitness of individuals for access to installa21 tions of the Department, which shall include modifying 

22 Department of Defense Manual 5200.08, ‘‘Physical Secu23 rity Program: Access to DoD Installations’’, or any com24 parable or successor policy guidance document. 
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1 (b) FINAL GUIDANCE.—Not later than 180 days 

2 after the date of the enactment of this Act, the Secretary 

3 of Defense shall promulgate final guidance described in 

4 subsection (a). 

5 (c) BRIEFING.—Not later than 60 days after promul6 gating interim guidance required under subsection (a), the 

7 Secretary of Defense shall brief the Committees on Armed 

8 Services of the Senate the House of Representatives on 

9 such guidance, which shall include a timeline for promul10 gation of final guidance as required under subsection (b). 

11 SEC. 2880. DEPLOYMENT OF EXISTING CONSTRUCTION MA12 TERIALS. 

13 (a) PLAN.—Not later than 60 days after the date of 

14 the enactment of this Act, the Secretary of Defense shall 

15 submit to Congress a plan to utilize, transfer, or donate 

16 to States on the southern border of the United States all 

17 existing excess border wall construction materials, includ18 ing bollards, for constructing a permanent physical barrier 

19 to stop illicit human and vehicle traffic along the border 

20 of the United States with Mexico. 

21 (b) EXECUTION OF PLAN.—Not later than 15 days 

22 after submitting to Congress the plan required under sub23 section (a), taking into account ongoing audits being con24 ducted by the Defense Contract Audit Agency and ongoing 

25 construction contract negotiations by the Army Corps of 
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1 Engineers, so long as any ongoing audits or construction 

2 contract negotiations are not a cause for delay, the Sec3 retary shall work with the Defense Logistics Agency to 

4 execute that plan until the Department of Defense is no 

5 longer incurring any costs to maintain, store, or protect 

6 the materials specified under such subsection. 

7 (c) REQUIREMENTS OF REQUESTING STATES.—Any 

8 State requesting border wall construction materials made 

9 available under this section must certify, in writing, that 

10 the materials it accepts will be exclusively used for the 

11 construction of a permanent physical barrier along the 

12 border of the United States with Mexico. 

13 (d) REPORT.—Not later than 90 days after the date 

14 of the enactment of this Act, the Secretary of Defense 

15 shall submit to Congress a report containing the following: 

16 (1) A detailed description of the decision proc17 ess of the Secretary to forgo the excess property dis18 posal process of the Department of Defense and in19 stead pay to store border wall panels. 

20 (2) A list of entities the Department is paying 

21 for use of their privately owned land to store unused 

22 border wall construction materials, with appropriate 

23 action taken to protect personally identifiable infor24 mation, such as by making the list of entities avail-
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1 able in an annex that is labeled as controlled unclas2 sified information. 

3 (3) An explanation of the process through 

4 which the Department contracted with private land5 owners to store unused border wall construction ma6 terials, including whether there was a competitive 

7 contracting process and whether the landowners 

8 have instituted an inventory review system. 

9 (4) A description of any investigations by the 

10 Inspector General of the Department that have been 

11 opened related to storing border wall construction 

12 materials. 

13 SEC. 2881. TECHNICAL CORRECTIONS. 

14 (a) NUMU NEWE SPECIAL MANAGEMENT AREA.— 

15 Section 2902(c) of the Military Construction Authoriza16 tion Act for Fiscal Year 2023 (16 U.S.C. 460gggg(c)) is 

17 amended by striking ‘‘217,845’’ and inserting ‘‘209,181’’. 

18 (b) REDUCTION OF IMPACT OF FALLON RANGE

19 TRAINING COMPLEX MODERNIZATION.—Section 

20 2995(a)(3)(A) of the Military Land Withdrawals Act of 

21 2013 (title XXIX of Public Law 113–66), as added by 

22 section 2901 of the Military Construction Authorization 

23 Act for Fiscal Year 2023 (division B of Public Law 117– 

24 263; 136 Stat. 3016) is amended by inserting ‘‘Gas’’ after 

25 ‘‘Basin’’. 
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1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 PROGRAMS 

8 Subtitle A—National Security 

9 Programs and Authorizations 

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

13 are hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 2024 for the activities of 

15 the National Nuclear Security Administration in carrying 

16 out programs as specified in the funding table in section 

17 4701. 

18 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

19 From funds referred to in subsection (a) that are available 

20 for carrying out plant projects, the Secretary of Energy 

21 may carry out new plant projects for the National Nuclear 

22 Security Administration as follows: 

23 Project 24–D–513, Z-Pinch Experimental Un24 derground System Test Bed Facilities Improvement, 
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1 Nevada National Security Site, Nye County, Ne2 vada, $80,000,000. 

3 Project 24–D–512, TA–46 Protective Force 

4 Facility, Los Alamos National Laboratory, Los Ala5 mos, New Mexico, $48,500,000. 

6 Project 24–D–511, Plutonium Production 

7 Building, Los Alamos National Laboratory, Los Ala8 mos, New Mexico, $48,500,000. 

9 Project 24–D–510, Analytic Gas Laboratory, 

10 Pantex Plant, Panhandle, Texas, $35,000,000. 

11 Project 24–D–530, Naval Reactors Facility 

12 Medical Science Complex, Idaho Falls, Idaho, 

13 $36,584,000. 

14 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated to the Depart17 ment of Energy for fiscal year 2024 for defense environ18 mental cleanup activities in carrying out programs as 

19 specified in the funding table in section 4701. 

20 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

21 From funds referred to in subsection (a) that are available 

22 for carrying out plant projects, the Secretary of Energy 

23 may carry out, for defense environmental cleanup activi24 ties, the following new plant projects: 
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1 Project 24–D–401, Environmental Restoration 

2 Disposal Facility Super Cell 11 Expansion Project, 

3 Hanford Site, Richland, Washington, $1,000,000. 

4 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

5 Funds are hereby authorized to be appropriated to 

6 the Department of Energy for fiscal year 2024 for other 

7 defense activities in carrying out programs as specified in 

8 the funding table in section 4701. 

9 SEC. 3104. NUCLEAR ENERGY. 

10 Funds are hereby authorized to be appropriated to 

11 the Department of Energy for fiscal year 2024 for nuclear 

12 energy as specified in the funding table in section 4701. 

13 Subtitle B— Program Authoriza14 tions, Restrictions, and Limita15 tions 

16 SEC. 3111. LIMITATION ON USE OF FUNDS FOR NAVAL NU17 CLEAR FUEL SYSTEMS BASED ON LOW-EN18 RICHED URANIUM. 

19 None of the funds authorized to be appropriated by 

20 this Act for fiscal year 2024 for the National Nuclear Se21 curity Administration for the purpose of conducting re22 search and development of an advanced naval nuclear fuel 

23 system based on low-enriched uranium may be obligated 

24 or expended until the following determinations are sub25 mitted to the congressional defense committees: 
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1 (1) A determination made jointly by the Sec2 retary of Energy and the Secretary of Defense with 

3 respect to whether the determination made jointly by 

4 the Secretary of Energy and the Secretary of the 

5 Navy pursuant to section 3118(c)(1) of the National 

6 Defense Authorization Act for Fiscal Year 2016 

7 (Public Law 114–92; 129 Stat. 1196) and submitted 

8 to the congressional defense committees on March 

9 25, 2018, that the United States should not pursue 

10 research and development of an advanced naval nu11 clear fuel system based on low-enriched uranium, re12 mains valid. 

13 (2) A determination by the Secretary of the 

14 Navy with respect to whether an advanced naval nu15 clear fuel system based on low-enriched uranium can 

16 be produced that would not reduce vessel capability, 

17 increase expense, or reduce operational availability 

18 as a result of refueling requirements. 

19 SEC. 3112. PROHIBITION ON ARIES EXPANSION BEFORE RE20 ALIZATION OF 30 PIT PER YEAR BASE CAPA21 BILITY. 

22 Section 4219 of the Atomic Energy Defense Act (50 

23 U.S.C. 2538a) is amended by— 

24 (a) redesignating subsection (f) as subsection (g); and 
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1 (b) inserting after subsection (e) the following new 

2 subsection (f): 

3 ‘‘(f) PROHIBITION ON ARIES EXPANSION BEFORE

4 REALIZATION OF 30 PIT PER YEAR BASE CAPABILITY.— 

5 ‘‘(1) IN GENERAL.—Unless the Administrator 

6 certifies to the congressional defense committees 

7 that the base capability to produce 30 plutonium 

8 pits per year has been established at Los Alamos 

9 National Laboratory, the Advanced Recovery and 

10 Integrated Extraction System (commonly known as 

11 ‘ARIES’) spaces at the Plutonium Facility at Tech12 nical Area 55 (commonly known as ‘PF–4’) may not 

13 be modified, including by installing additional equip14 ment. 

15 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

16 apply with respect to— 

17 ‘‘(A) the planning and design of an addi18 tional ARIES capability; or 

19 ‘‘(B) the transfer of the ARIES capability 

20 to a location other than PF–4.’’. 

21 SEC. 3113. PLUTONIUM MODERNIZATION PROGRAM MAN22 AGEMENT. 

23 Section 4219 of the Atomic Energy Defense Act (50 

24 U.S.C. 2538a) is amended by adding at the end the fol25 lowing new subsection: 
1432 

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1 ‘‘(h) Not later than 570 days after the date of the 

2 enactment of this Act, the Administrator for Nuclear Se3 curity shall ensure that the plutonium modernization pro4 gram established by the Office of Defense Programs of 

5 the National Nuclear Security Administration, or any sub6 sequently developed program designed to meet the require7 ments under subsection (a), is managed in accordance 

8 with the requirements of the Enhanced Management A 

9 program management category described in the execution 

10 instruction of the Office of Defense Programs entitled ‘DP 

11 Program Execution Instruction: NA–10 Program Man12 agement Tools and Processes’ and issued on January 14, 

13 2016, or any subsequent directive.’’. 

14 SEC. 3114. PANTEX EXPLOSIVES MANUFACTURING CAPA15 BILITY. 

16 Subtitle A of title XLII of the Atomic Energy De17 fense Act (50 U.S.C. 2521 et seq.) is amended by adding 

18 at the end the following new section: 

19 ‘‘SEC. 4225. PANTEX EXPLOSIVES MANUFACTURING CAPA20 BILITY. 

21 ‘‘(a) IN GENERAL.—Not later than the date on which 

22 the W87–1 modification program enters into phase 6.5 of 

23 the joint nuclear weapons life cycle process (as defined in 

24 section 4220), the Administrator shall establish at the 

25 Pantex Plant a conventional high explosives production ca-
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1 pability with sufficient capacity to support full rate pro2 duction of the main explosives used for the W87–1 war3 head. 

4 ‘‘(b) BRIEFING.—On the day after the date that the 

5 budget of the President is submitted to Congress under 

6 section 1105(a) of title 31, United States Code, for fiscal 

7 year 2025 and each fiscal year thereafter, the Adminis8 trator shall brief the congressional defense committees on 

9 the progress of the Administration in achieving the capa10 bility described in subsection (a). 

11 ‘‘(c) TERMINATION.—Subsection (b) shall terminate 

12 upon the date that the Administrator certifies to the con13 gressional defense committees that the capability de14 scribed in subsection (a) has been achieved.’’. 

15 SEC. 3115. LIMITATION ON ESTABLISHING AN ENDURING 

16 BIOASSURANCE PROGRAM WITHIN THE NA17 TIONAL NUCLEAR SECURITY ADMINISTRA18 TION. 

19 (a) IN GENERAL.—Subtitle B of title XLVIII of the 

20 Atomic Energy Defense Act (50 U.S.C. 2791 et seq.) is 

21 amended by adding at the end the following section: 
1434 

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1 ‘‘SEC. 4815. LIMITATION ON ESTABLISHING AN ENDURING 

2 BIOASSURANCE PROGRAM WITHIN THE AD3 MINISTRATION. 

4 ‘‘(a) IN GENERAL.—The Administrator may not es5 tablish a program within the Administration for the pur6 poses of executing an enduring national security research 

7 and development effort to broaden the role of the Depart8 ment of Energy in national biodefense. 

9 ‘‘(b) RULE OF CONSTRUCTION.—The limitation de10 scribed in subsection (a) shall not be interpreted— 

11 ‘‘(1) to prohibit the establishment of a bioassur12 ance program for the purpose of executing enduring 

13 national security research and development in any 

14 component of the Department of Energy other than 

15 the Administration or in any other Federal agency; 

16 or 

17 ‘‘(2) to impede the use of resources of the Ad18 ministration, including resources provided by a na19 tional security laboratory or a nuclear weapons pro20 duction facility site, to support the execution of a 

21 bioassurance program, if such support is provided— 

22 ‘‘(A) on a cost-reimbursable basis to an en23 tity that is not a component of the Department 

24 of Energy; and 

25 ‘‘(B) in a manner that does not interfere 

26 with mission of such laboratory or facility.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for the Atomic Energy Defense Act is amended by insert3 ing after the item relating to section 4814 the following 

4 new item: 

‘‘Sec. 4815. Limitation on establishing an enduring bioassurance program within the Administration.’’. 

5 SEC. 3116. EXTENSION OF AUTHORITY ON ACCEPTANCE OF 

6 CONTRIBUTIONS FOR ACCELERATION OR RE7 MOVAL OR SECURITY OF FISSILE MATERIALS, 

8 RADIOLOGICAL MATERIALS, AND RELATED 

9 EQUIPMENT AT VULNERABLE SITES WORLD10 WIDE. 

11 Section 4306B(f)(6) of the Atomic Energy Defense 

12 Act (50 U.S.C. 2569(f)(6)) is amended by striking ‘‘2028’’ 

13 and inserting ‘‘2033’’. 

14 SEC. 3117. MODIFICATION OF REPORTING REQUIREMENTS 

15 FOR PROGRAM ON VULNERABLE SITES. 

16 (a) IN GENERAL.—Section 4306B of the Atomic En17 ergy Defense Act (50 U.S.C. 2569) is amended— 

18 (1) by striking subsection (d); 

19 (2) by redesignating subsections (e), (f), and 

20 (g) as subsections (d), (e), and (f), respectively; and 

21 (3) in paragraph (6) of subsection (e), as so re22 designated, by striking ‘‘2028’’ and inserting 

23 ‘‘2030’’. 
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1 (b) CONFORMING AMENDMENT.—Section 4309(c)(7) 

2 of the Atomic Energy Defense Act (50 U.S.C. 2575(c)(7)) 

3 is amended by striking ‘‘section 3132(f) of the Ronald W. 

4 Reagan National Defense Authorization Act for Fiscal 

5 Year 2005 (50 U.S.C. 2569(f))’’ and inserting ‘‘section 

6 4306B(e)’’. 

7 SEC. 3118. IMPLEMENTATION OF ENHANCED MISSION DE8 LIVERY INITIATIVE. 

9 (a) IN GENERAL.—Concurrent with the submission 

10 of the budget of the President to Congress under section 

11 1105(a) of title 31, United States Code, for each of fiscal 

12 years 2025 through 2029, the Administrator for Nuclear 

13 Security, acting through the Director for Cost Estimating 

14 and Program Evaluation, shall brief the congressional de15 fense committees on the status of implementing the 18 

16 principal recommendations and associated subelements of 

17 the report entitled ‘‘Evolving the Nuclear Security Enter18 prise: A Report of the Enhanced Mission Delivery Initia19 tive’’, published by the National Nuclear Security Admin20 istration in September 2022. 

21 (b) ELEMENTS OF BRIEFINGS.—Each briefing re22 quired by subsection (a) shall address— 

23 (1) the status of implementing each rec24 ommendation described in subsection (a); 
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1 (2) with respect to each recommendation that 

2 has been implemented, whether the outcome of such 

3 implementation is achieving the desired result; 

4 (3) with respect to each recommendation that 

5 has not been implemented, the reason for not imple6 menting such recommendation; 

7 (4) whether additional legislation is required in 

8 order to implement a recommendation; and 

9 (5) such other matters as the Administrator 

10 considers necessary. 

11 SEC. 3119. LIMITATION ON USE OF FUNDS UNTIL PROVI12 SION OF SPEND PLAN FOR W80–4 ALT WEAP13 ON DEVELOPMENT. 

14 Of the funds authorized to be appropriated by this 

15 Act for fiscal year 2024 for operations of the Office of 

16 the Administrator for Nuclear Security, not more than 50 

17 percent may be obligated or expended until the date on 

18 which the Administrator for Nuclear Security submits to 

19 the congressional defense committees the spend plan for 

20 the warhead associated with the sea-launched cruise mis21 sile required by section 1642(d) of the National Defense 

22 Authorization Act for Fiscal Year 2023 (Public Law 117– 

23 263). 
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1 SEC. 3120. ANALYSES OF NUCLEAR PROGRAMS OF FOREIGN 

2 COUNTRIES. 

3 (a) CAPABILITY TO CONDUCT ANALYSES OF NU4 CLEAR PROGRAMS.—The Secretary of Energy shall, using 

5 existing authorities of the Secretary, take such actions as 

6 are necessary to improve the ability of the Department 

7 of Energy to conduct comprehensive, integrated analyses 

8 of the nuclear programs of foreign countries. 

9 (b) ADDITIONAL ANALYSES REQUIRED.—The Sec10 retary shall conduct analyses of— 

11 (1) countries that may pursue nuclear weapons 

12 programs in the future; 

13 (2) developing technologies that make it easier 

14 for the governments of countries or for non-state ac15 tors to acquire nuclear weapons; and 

16 (3) entities that may be developing the ability 

17 to supply sensitive nuclear technologies but may not 

18 yet have effective programs in place to ensure com19 pliance with export controls. 

20 SEC. 3121. ENHANCING NATIONAL NUCLEAR SECURITY AD21 MINISTRATION SUPPLY CHAIN RELIABILITY. 

22 (a) IN GENERAL.—Subtitle A of title XLVIII of the 

23 Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is 

24 amended by adding at the end the following new section: 
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1 ‘‘SEC. 4808. SUPPLY CHAIN RELIABILITY ASSURANCE PRO2 GRAM. 

3 ‘‘The Administrator shall establish a supply chain re4 liability assurance program— 

5 ‘‘(1) to facilitate collaboration with the Depart6 ment of Defense and industrial partners to maintain 

7 a reliable domestic supplier base for critical mate8 rials to meet engineering and performance require9 ments of the Administration and the Department of 

10 Defense; and 

11 ‘‘(2) to improve coordination with the Infra12 structure and Operations Program and the Pro13 grammatic Recapitalization Working Group to im14 prove planning for material requirements and poten15 tial disruptions to commercial or contractor supply 

16 chains, including with respect to— 

17 ‘‘(A) assisting in coordination for fore18 casting future needs in both legacy inventories 

19 and new procurements; 

20 ‘‘(B) establishing clear requirements for 

21 nuclear security enterprise assurance and, when 

22 cost-effective, to use capabilities of the Adminis23 tration to restore mission schedules at risk; and 

24 ‘‘(C) collaborating with the Department of 

25 Defense and industrial partners to establish 

26 processes to mitigate manufacturing challenges 
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1 and to develop strategies to lower long-term 

2 costs, while identifying and preserving produc3 tion of materials and components by the Ad4 ministration.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 for the Atomic Energy Defense Act is amended by insert7 ing after the item relating to section 4807 the following 

8 new item: 

‘‘Sec. 4808. Supply chain reliability assurance program.’’. 

9 SEC. 3122. TRANSFER OF CYBERSECURITY RESPONSIBIL10 ITIES TO ADMINISTRATOR FOR NUCLEAR SE11 CURITY. 

12 The National Nuclear Security Administration Act 

13 (50 U.S.C. 2401 et seq.) is amended— 

14 (1) in section 3212(b) (50 U.S.C. 2402(b)), by 

15 adding at the end the following new paragraph: 

16 ‘‘(20) Information resources management, in17 cluding cybersecurity.’’; and 

18 (2) in section 3232(b)(3)(50 U.S.C. 

19 2422(b)(3)), by striking ‘‘and cyber’’. 

20 SEC. 3123. REDESIGNATING DUTIES RELATED TO DEPART21 MENTAL RADIOLOGICAL AND NUCLEAR INCI22 DENT RESPONSES. 

23 (a) DEPUTY ADMINISTRATOR FOR DEFENSE PRO24 GRAMS.—Section 3214(b) of the National Nuclear Secu-
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1 rity Administration Act (50 U.S.C. 2404 (b)) is amended 

2 by striking paragraph (3). 

3 (b) ADMINISTRATOR FOR NUCLEAR SECURITY.—Sec4 tion 3212(b)(7) of the National Nuclear Security Adminis5 tration Act (50 U.S.C. 2402(b)(7)) is amended by insert6 ing ‘‘and Nuclear Emergency Support Team capabilities, 

7 including all field-deployed and remote technical support 

8 to public health and safety missions, countering weapons 

9 of mass destruction operations, technical and operational 

10 nuclear forensics, and responses to United States nuclear 

11 weapon accidents’’ after ‘‘management’’. 

12 SEC. 3124. MODIFICATION OF AUTHORITY TO ESTABLISH 

13 CERTAIN CONTRACTING, PROGRAM MANAGE14 MENT, SCIENTIFIC, ENGINEERING, AND 

15 TECHNICAL POSITIONS. 

16 Section 3241 of the National Nuclear Security Ad17 ministration Act (50 U.S.C. 2441) is amended by striking 

18 ‘‘800’’ and inserting ‘‘1,200’’. 

19 SEC. 3125. TECHNICAL AMENDMENTS TO THE ATOMIC EN20 ERGY DEFENSE ACT. 

21 The Atomic Energy Defense Act (50 U.S.C. 2501 et 

22 seq.) is amended— 

23 (1) in section 4306(d)— 
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1 (A) in paragraph (1), by striking ‘‘Not 

2 later than March 15, 2005, the’’ and inserting 

3 ‘‘The’’; and 

4 (B) in paragraph (2), by striking ‘‘Not 

5 later than January 1, 2006, the’’ and inserting 

6 ‘‘The’’; and 

7 (2) in section 4807(f)(1), by striking ‘‘2022’’ 

8 and inserting ‘‘2030’’. 

9 SEC. 3126. AMENDMENT TO PERIOD FOR BRIEFING RE10 QUIREMENTS. 

11 Section 4807(f)(1) of the Atomic Energy Defense Act 

12 (50 U.S.C. 2787(f)(1)) is amended by striking ‘‘2022’’ 

13 and inserting ‘‘2032’’. 

14 SEC. 3127. REPEAL OF REPORTING REQUIREMENTS FOR 

15 URANIUM CAPABILITIES REPLACEMENT 

16 PROJECT. 

17 Section 3123(g) of the National Defense Authoriza18 tion Act for Fiscal Year 2013 (Public Law 112–239; 126 

19 Stat. 2178) is repealed. 

20 Subtitle C—Budget and Financial 

21 Management Matters 

22 SEC. 3131. UPDATED FINANCIAL INTEGRATION POLICY. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Administrator for Nuclear Security 
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1 shall issue an updated financial integration policy, which 

2 shall include the following: 

3 (1) Updated responsibilities for offices of the 

4 National Nuclear Security Administration and re5 quirements for management and operating contrac6 tors, including contractors at sites that are not sites 

7 of the Administration. 

8 (2) Guidance for how offices of the Administra9 tion should use common financial data, including 

10 guidance requiring that such data be used as the 

11 primary source of financial data by program offices, 

12 to the extent practicable. 

13 (3) Processes recommended by the Government 

14 Accountability Office to improve financial integra15 tion efforts of the Administration, including an in16 ternal process to verify how management and oper17 ating contractors crosswalk data from their systems 

18 to the appropriate work breakdown structure of the 

19 Administration and apply common cost element defi20 nitions. 

21 (4) Any other matters the Administrator con22 siders appropriate. 
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1 Subtitle D—Other Matters 

2 SEC. 3141. INTEGRATION OF TECHNICAL EXPERTISE OF DE3 PARTMENT OF ENERGY INTO POLICYMAKING. 

4 The Secretary of Energy shall take such measures 

5 as are necessary to improve the integration of the sci6 entific and technical expertise of the Department of En7 ergy, especially the expertise of the national laboratories, 

8 into policymaking, including by— 

9 (1) ensuring that such expertise is involved dur10 ing interagency discussions, regardless of the topic 

11 of such discussions; 

12 (2) decreasing restrictions on personnel of lab13 oratories and other facilities of the Department 

14 working in the Department headquarters for 2- to 3- 

15 year rotations; 

16 (3) increasing collaboration among program 

17 managers and personnel of laboratories and other 

18 facilities of the Department during policy delibera19 tions; and 

20 (4) creating mechanisms for providing technical 

21 advice to officials of the Department responsible for 

22 nonproliferation policy. 
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1 SEC. 3142. AMENDMENTS TO THE ENERGY EMPLOYEES OC2 CUPATIONAL ILLNESS COMPENSATION PRO3 GRAM ACT OF 2000. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Beryllium Testing Fairness Act’’. 

6 (b) MODIFICATION OF DEMONSTRATION OF BERYL7 LIUM SENSITIVITY.—Section 3621(8)(A) of the Energy 

8 Employees Occupational Illness Compensation Program 

9 Act of 2000 (42 U.S.C. 7384l(8)(A)) is amended— 

10 (1) by striking ‘‘established by an abnormal’’ 

11 and inserting the following: ‘‘established by— 

12 ‘‘(i) an abnormal’’; 

13 (2) by striking the period at the end and insert14 ing ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(ii) three borderline beryllium lym17 phocyte proliferation tests performed on 

18 blood cells over a period of 3 years.’’. 

19 (c) EXTENSION OF ADVISORY BOARD ON TOXIC SUB20 STANCES AND WORKER HEALTH.—Section 3687(j) of the 

21 Energy Employees Occupational Illness Compensation 

22 Program Act of 2000 (42 U.S.C. 7385s–16(j)) is amended 

23 by striking ‘‘10 years’’ and inserting ‘‘15 years’’. 
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1 SEC. 3143. PROHIBITION ON SALES OF PETROLEUM PROD2 UCTS FROM THE STRATEGIC PETROLEUM RE3 SERVE TO CERTAIN COUNTRIES. 

4 (a) PROHIBITIONS.—Notwithstanding any other pro5 vision of law, unless a waiver has been issued under sub6 section (b), the Secretary of Energy shall not draw down 

7 and sell petroleum products from the Strategic Petroleum 

8 Reserve— 

9 (1) to any entity that is under the ownership or 

10 control of the Chinese Communist Party, the Peo11 ple’s Republic of China, the Russian Federation, the 

12 Democratic People’s Republic of Korea, or the Is13 lamic Republic of Iran; or 

14 (2) except on the condition that such petroleum 

15 products will not be exported to the People’s Repub16 lic of China, the Russian Federation, the Democratic 

17 People’s Republic of Korea, or the Islamic Republic 

18 of Iran. 

19 (b) WAIVER.— 

20 (1) IN GENERAL.—On application by a bidder, 

21 the Secretary of Energy may waive, prior to the date 

22 of the applicable auction, the prohibitions described 

23 in subsection (a) with respect to the sale of crude oil 

24 to that bidder at that auction. 

25 (2) REQUIREMENT.—The Secretary of Energy 

26 may issue a waiver under this subsection only if the 
1447 

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1 Secretary determines that the waiver is in the inter2 est of the national security of the United States. 

3 (3) APPLICATIONS.—A bidder seeking a waiver 

4 under this subsection shall submit to the Secretary 

5 of Energy an application by such date, in such form, 

6 and containing such information as the Secretary of 

7 Energy may require. 

8 (4) NOTICE TO CONGRESS.—Not later than 15 

9 days after issuing a waiver under this subsection, 

10 the Secretary of Energy shall provide a copy of the 

11 waiver to the Committee on Energy and Natural Re12 sources of the Senate and the Committee on Energy 

13 and Commerce of the House of Representatives. 

14 SEC. 3144. U.S. NUCLEAR FUEL SECURITY INITIATIVE. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Nuclear Fuel Security Act of 2023’’. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the Department should— 

20 (A) prioritize activities to increase domes21 tic production of low-enriched uranium; and 

22 (B) accelerate efforts to establish a domes23 tic high-assay, low-enriched uranium enrich24 ment capability; and 
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1 (2) if domestic enrichment of high-assay, low2 enriched uranium will not be commercially available 

3 at the scale needed in time to meet the needs of the 

4 advanced nuclear reactor demonstration projects of 

5 the Department, the Secretary shall consider and 

6 implement, as necessary— 

7 (A) all viable options to make high-assay, 

8 low-enriched uranium produced from inven9 tories owned by the Department available in a 

10 manner that is sufficient to maximize the po11 tential for the Department to meet the needs 

12 and schedules of advanced nuclear reactor de13 velopers, without impacting existing Depart14 ment missions, until such time that commercial 

15 enrichment and deconversion capability for 

16 high-assay, low-enriched uranium exists at a 

17 scale sufficient to meet future needs; and 

18 (B) all viable options for partnering with 

19 countries that are allies or partners of the 

20 United States to meet those needs and sched21 ules until that time. 

22 (c) OBJECTIVES.—The objectives of this section 

23 are— 

24 (1) to expeditiously increase domestic produc25 tion of low-enriched uranium; 
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1 (2) to expeditiously increase domestic produc2 tion of high-assay, low-enriched uranium by an an3 nual quantity, and in such form, determined by the 

4 Secretary to be sufficient to meet the needs of— 

5 (A) advanced nuclear reactor developers; 

6 and 

7 (B) the consortium; 

8 (3) to ensure the availability of domestically 

9 produced, converted, enriched, deconverted, and re10 duced uranium in a quantity determined by the Sec11 retary, in consultation with U.S. nuclear energy 

12 companies, to be sufficient to address a reasonably 

13 anticipated supply disruption; 

14 (4) to address gaps and deficiencies in the do15 mestic production, conversion, enrichment, 

16 deconversion, and reduction of uranium by 

17 partnering with countries that are allies or partners 

18 of the United States if domestic options are not 

19 practicable; 

20 (5) to ensure that, in the event of a supply dis21 ruption in the nuclear fuel market, a reserve of nu22 clear fuels is available to serve as a backup supply 

23 to support the nuclear nonproliferation and civil nu24 clear energy objectives of the Department; 
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1 (6) to support enrichment, deconversion, and 

2 reduction technology deployed in the United States; 

3 and 

4 (7) to ensure that, until such time that domes5 tic enrichment and deconversion of high-assay, low6 enriched uranium is commercially available at the 

7 scale needed to meet the needs of advanced nuclear 

8 reactor developers, the Secretary considers and im9 plements, as necessary— 

10 (A) all viable options to make high-assay, 

11 low-enriched uranium produced from inven12 tories owned by the Department available in a 

13 manner that is sufficient to maximize the po14 tential for the Department to meet the needs 

15 and schedules of advanced nuclear reactor de16 velopers; and 

17 (B) all viable options for partnering with 

18 countries that are allies or partners of the 

19 United States to meet those needs and sched20 ules. 

21 (d) DEFINITIONS.—In this section: 

22 (1) ADVANCED NUCLEAR REACTOR.—The term 

23 ‘‘advanced nuclear reactor’’ has the meaning given 

24 the term in section 951(b) of the Energy Policy Act 

25 of 2005 (42 U.S.C. 16271(b)). 
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1 (2) ASSOCIATED ENTITY.—The term ‘‘associ2 ated entity’’ means an entity that— 

3 (A) is owned, controlled, or dominated 

4 by— 

5 (i) the government of a country that 

6 is an ally or partner of the United States; 

7 or 

8 (ii) an associated individual; or 

9 (B) is organized under the laws of, or oth10 erwise subject to the jurisdiction of, a country 

11 that is an ally or partner of the United States, 

12 including a corporation that is incorporated in 

13 such a country. 

14 (3) ASSOCIATED INDIVIDUAL.—The term ‘‘asso15 ciated individual’’ means an alien who is a national 

16 of a country that is an ally or partner of the United 

17 States. 

18 (4) CONSORTIUM.—The term ‘‘consortium’’ 

19 means the consortium established under section 

20 2001(a)(2)(F) of the Energy Act of 2020 (42 U.S.C. 

21 16281(a)(2)(F)). 

22 (5) DEPARTMENT.—The term ‘‘Department’’ 

23 means the Department of Energy. 

24 (6) HIGH-ASSAY, LOW-ENRICHED URANIUM; 

25 HALEU.—The term ‘‘high-assay, low-enriched ura-
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1 nium’’ or ‘‘HALEU’’ means high-assay low-enriched 

2 uranium (as defined in section 2001(d) of the En3 ergy Act of 2020 (42 U.S.C. 16281(d))). 

4 (7) LOW-ENRICHED URANIUM; LEU.—The term 

5 ‘‘low-enriched uranium’’ or ‘‘LEU’’ means each of— 

6 (A) low-enriched uranium (as defined in 

7 section 3102 of the USEC Privatization Act 

8 (42 U.S.C. 2297h)); and 

9 (B) low-enriched uranium (as defined in 

10 section 3112A(a) of that Act (42 U.S.C. 

11 2297h–10a(a))). 

12 (8) PROGRAMS.—The term ‘‘Programs’’ 

13 means— 

14 (A) the Nuclear Fuel Security Program es15 tablished under subsection (e)(1); 

16 (B) the American Assured Fuel Supply 

17 Program of the Department; and 

18 (C) the HALEU for Advanced Nuclear Re19 actor Demonstration Projects Program estab20 lished under subsection (e)(3). 

21 (9) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Energy. 

23 (10) U.S. NUCLEAR ENERGY COMPANY.—The 

24 term ‘‘U.S. nuclear energy company’’ means a com25 pany that— 
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1 (A) is organized under the laws of, or oth2 erwise subject to the jurisdiction of, the United 

3 States; and 

4 (B) is involved in the nuclear energy indus5 try. 

6 (e) ESTABLISHMENT AND EXPANSION OF PRO7 GRAMS.—The Secretary, consistent with the objectives de8 scribed in subsection (c), shall— 

9 (1) establish a program, to be known as the 

10 ‘‘Nuclear Fuel Security Program’’, to increase the 

11 quantity of LEU and HALEU produced by U.S. nu12 clear energy companies; 

13 (2) expand the American Assured Fuel Supply 

14 Program of the Department to ensure the avail15 ability of domestically produced, converted, enriched, 

16 deconverted, and reduced uranium in the event of a 

17 supply disruption; and 

18 (3) establish a program, to be known as the 

19 ‘‘HALEU for Advanced Nuclear Reactor Dem20 onstration Projects Program’’— 

21 (A) to maximize the potential for the De22 partment to meet the needs and schedules of 

23 advanced nuclear reactor developers until such 

24 time that commercial enrichment and 

25 deconversion capability for HALEU exists in 
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1 the United States at a scale sufficient to meet 

2 future needs; and 

3 (B) where practicable, to partner with 

4 countries that are allies or partners of the 

5 United States to meet those needs and sched6 ules until that time. 

7 (f) NUCLEAR FUEL SECURITY PROGRAM.— 

8 (1) IN GENERAL.—In carrying out the Nuclear 

9 Fuel Security Program, the Secretary— 

10 (A) shall— 

11 (i) not later than 180 days after the 

12 date of enactment of this Act, enter into 2 

13 or more contracts to begin acquiring not 

14 less than 100 metric tons per year of LEU 

15 by December 31, 2026 (or the earliest 

16 operationally feasible date thereafter), to 

17 ensure diversity of supply in domestic ura18 nium mining, conversion, enrichment, and 

19 deconversion capacity and technologies, in20 cluding new capacity, among U.S. nuclear 

21 energy companies; 

22 (ii) not later than 180 days after the 

23 date of enactment of this Act, enter into 2 

24 or more contracts with members of the 

25 consortium to begin acquiring not less than 
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1 20 metric tons per year of HALEU by De2 cember 31, 2027 (or the earliest operation3 ally feasible date thereafter), from U.S. 

4 nuclear energy companies; 

5 (iii) utilize only uranium produced, 

6 converted, enriched, deconverted, and re7 duced in— 

8 (I) the United States; or 

9 (II) if domestic options are not 

10 practicable, a country that is an ally 

11 or partner of the United States; and 

12 (iv) to the maximum extent prac13 ticable, ensure that the use of domestic 

14 uranium utilized as a result of that pro15 gram does not negatively affect the eco16 nomic operation of nuclear reactors in the 

17 United States; and 

18 (B)(i) may not make commitments under 

19 this subsection (including cooperative agree20 ments (used in accordance with section 6305 of 

21 title 31, United States Code), purchase agree22 ments, guarantees, leases, service contracts, or 

23 any other type of commitment) for the purchase 

24 or other acquisition of HALEU or LEU un25 less— 
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1 (I) funds are specifically provided for 

2 those purposes in advance in appropria3 tions Acts enacted after the date of enact4 ment of this Act; or 

5 (II) the commitment is funded en6 tirely by funds made available to the Sec7 retary from the account described in sub8 section (j)(2)(B); and 

9 (ii) may make a commitment described in 

10 clause (i) only— 

11 (I) if the full extent of the anticipated 

12 costs stemming from the commitment is 

13 recorded as an obligation at the time that 

14 the commitment is made; and 

15 (II) to the extent of that up-front ob16 ligation recorded in full at that time. 

17 (2) CONSIDERATIONS.—In carrying out para18 graph (1)(A)(ii), the Secretary shall consider and, if 

19 appropriate, implement— 

20 (A) options to ensure the quickest avail21 ability of commercially enriched HALEU, in22 cluding— 

23 (i) partnerships between 2 or more 

24 commercial enrichers; and 
1457 

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1 (ii) utilization of up to 10-percent en2 riched uranium as feedstock in demonstra3 tion-scale or commercial HALEU enrich4 ment facilities; 

5 (B) options to partner with countries that 

6 are allies or partners of the United States to 

7 provide LEU and HALEU for commercial pur8 poses; 

9 (C) options that provide for an array of 

10 HALEU— 

11 (i) enrichment levels; 

12 (ii) output levels to meet demand; and 

13 (iii) fuel forms, including uranium 

14 metal and oxide; and 

15 (D) options— 

16 (i) to replenish, as necessary, Depart17 ment stockpiles of uranium that were in18 tended to be downblended for other pur19 poses, but were instead used in carrying 

20 out activities under the HALEU for Ad21 vanced Nuclear Reactor Demonstration 

22 Projects Program; 

23 (ii) to continue supplying HALEU to 

24 meet the needs of the recipients of an 

25 award made pursuant to the funding op-
1458 

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1 portunity announcement of the Depart2 ment numbered DE–FOA–0002271 for 

3 Pathway 1, Advanced Reactor Demonstra4 tions; and 

5 (iii) to make HALEU available to 

6 other advanced nuclear reactor developers 

7 and other end-users. 

8 (3) AVOIDANCE OF MARKET DISRUPTIONS.—In 

9 carrying out the Nuclear Fuel Security Program, the 

10 Secretary, to the extent practicable and consistent 

11 with the purposes of that program, shall not disrupt 

12 or replace market mechanisms by competing with 

13 U.S. nuclear energy companies. 

14 (g) EXPANSION OF THE AMERICAN ASSURED FUEL

15 SUPPLY PROGRAM.—The Secretary, in consultation with 

16 U.S. nuclear energy companies, shall— 

17 (1) expand the American Assured Fuel Supply 

18 Program of the Department by merging the oper19 ations of the Uranium Reserve Program of the De20 partment with the American Assured Fuel Supply 

21 Program; and 

22 (2) in carrying out the American Assured Fuel 

23 Supply Program of the Department, as expanded 

24 under paragraph (1)— 
1459 

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1 (A) maintain, replenish, diversify, or in2 crease the quantity of uranium made available 

3 by that program in a manner determined by the 

4 Secretary to be consistent with the purposes of 

5 that program and the objectives described in 

6 subsection (c); 

7 (B) utilize only uranium produced, con8 verted, enriched, deconverted, and reduced in— 

9 (i) the United States; or 

10 (ii) if domestic options are not prac11 ticable, a country that is an ally or partner 

12 of the United States; 

13 (C) make uranium available from the 

14 American Assured Fuel Supply, subject to 

15 terms and conditions determined by the Sec16 retary to be reasonable and appropriate; 

17 (D) refill and expand the supply of ura18 nium in the American Assured Fuel Supply, in19 cluding by maintaining a limited reserve of ura20 nium to address a potential event in which a 

21 domestic or foreign recipient of uranium experi22 ences a supply disruption for which uranium 

23 cannot be obtained through normal market 

24 mechanisms or under normal market conditions; 

25 and 
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1 (E) take other actions that the Secretary 

2 determines to be necessary or appropriate to 

3 address the purposes of that program and the 

4 objectives described in subsection (c). 

5 (h) HALEU FOR ADVANCED NUCLEAR REACTOR

6 DEMONSTRATION PROJECTS PROGRAM.— 

7 (1) ACTIVITIES.—On enactment of this Act, the 

8 Secretary shall immediately accelerate and, as nec9 essary, initiate activities to make available from in10 ventories or stockpiles owned by the Department and 

11 made available to the consortium, HALEU for use 

12 in advanced nuclear reactors that cannot operate on 

13 uranium with lower enrichment levels or on alternate 

14 fuels, with priority given to the awards made pursu15 ant to the funding opportunity announcement of the 

16 Department numbered DE–FOA–0002271 for Path17 way 1, Advanced Reactor Demonstrations, with ad18 ditional HALEU to be made available to other ad19 vanced nuclear reactor developers, as the Secretary 

20 determines to be appropriate. 

21 (2) QUANTITY.—In carrying out activities 

22 under this subsection, the Secretary shall consider 

23 and implement, as necessary, all viable options to 

24 make HALEU available in quantities and forms suf25 ficient to maximize the potential for the Department 
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1 to meet the needs and schedules of advanced nuclear 

2 reactor developers, including by seeking to make 

3 available— 

4 (A) by September 30, 2024, not less than 

5 3 metric tons of HALEU; 

6 (B) by December 31, 2025, not less than 

7 an additional 8 metric tons of HALEU; and 

8 (C) by June 30, 2026, not less than an ad9 ditional 10 metric tons of HALEU. 

10 (3) FACTORS FOR CONSIDERATION.—In car11 rying out activities under this subsection, the Sec12 retary shall take into consideration— 

13 (A) options for providing HALEU from a 

14 stockpile of uranium owned by the Department, 

15 including— 

16 (i) uranium that has been declared ex17 cess to national security needs during or 

18 prior to fiscal year 2023; 

19 (ii) uranium that— 

20 (I) directly meets the needs of 

21 advanced nuclear reactor developers; 

22 but 

23 (II) has been previously used or 

24 fabricated for another purpose; 
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1 (iii) uranium that can meet the needs 

2 of advanced nuclear reactor developers 

3 after removing radioactive or other con4 taminants that resulted from previous use 

5 or fabrication of the fuel for research, de6 velopment, demonstration, or deployment 

7 activities of the Department, including ac8 tivities that reduce the environmental li9 ability of the Department by accelerating 

10 the processing of uranium from stockpiles 

11 designated as waste; 

12 (iv) uranium from a high-enriched 

13 uranium stockpile (excluding stockpiles in14 tended for national security needs), which 

15 can be blended with lower assay uranium 

16 to become HALEU to meet the needs of 

17 advanced nuclear reactor developers; and 

18 (v) uranium from stockpiles intended 

19 for other purposes (excluding stockpiles in20 tended for national security needs), but for 

21 which uranium could be swapped or re22 placed in time in such a manner that 

23 would not negatively impact the missions 

24 of the Department; 
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1 (B) options for expanding, or establishing 

2 new, capabilities or infrastructure to support 

3 the processing of uranium from Department in4 ventories; 

5 (C) options for accelerating the availability 

6 of HALEU from HALEU enrichment dem7 onstration projects of the Department; 

8 (D) options for providing HALEU from 

9 domestically enriched HALEU procured by the 

10 Department through a competitive process pur11 suant to the Nuclear Fuel Security Program es12 tablished under subsection (e)(1); 

13 (E) options to replenish, as needed, De14 partment stockpiles of uranium made available 

15 pursuant to subparagraph (A) with domestically 

16 enriched HALEU procured by the Department 

17 through a competitive process pursuant to the 

18 Nuclear Fuel Security Program established 

19 under subsection (e)(1); and 

20 (F) options that combine 1 or more of the 

21 approaches described in subparagraphs (A) 

22 through (E) to meet the deadlines described in 

23 paragraph (2). 

24 (4) LIMITATIONS.— 
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1 (A) CERTAIN SERVICES.—The Secretary 

2 shall not barter or otherwise sell or transfer 

3 uranium in any form in exchange for services 

4 relating to— 

5 (i) the final disposition of radioactive 

6 waste from uranium that is the subject of 

7 a contract for sale, resale, transfer, or 

8 lease under this subsection; or 

9 (ii) environmental cleanup activities. 

10 (B) CERTAIN COMMITMENTS.—In carrying 

11 out activities under this subsection, the Sec12 retary— 

13 (i) may not make commitments under 

14 this subsection (including cooperative 

15 agreements (used in accordance with sec16 tion 6305 of title 31, United States Code), 

17 purchase agreements, guarantees, leases, 

18 service contracts, or any other type of com19 mitment) for the purchase or other acquisi20 tion of HALEU or LEU unless— 

21 (I) funds are specifically provided 

22 for those purposes in advance in ap23 propriations Acts enacted after the 

24 date of enactment of this Act; or 
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1 (II) the commitment is funded 

2 entirely by funds made available to 

3 the Secretary from the account de4 scribed in subsection (j)(2)(B); and 

5 (ii) may make a commitment de6 scribed in clause (i) only— 

7 (I) if the full extent of the antici8 pated costs stemming from the com9 mitment is recorded as an obligation 

10 at the time that the commitment is 

11 made; and 

12 (II) to the extent of that up-front 

13 obligation recorded in full at that 

14 time. 

15 (5) SUNSET.—The authority of the Secretary to 

16 carry out activities under this subsection shall termi17 nate on the date on which the Secretary notifies 

18 Congress that the HALEU needs of advanced nu19 clear reactor developers can be fully met by commer20 cial HALEU suppliers in the United States, as de21 termined by the Secretary, in consultation with U.S. 

22 nuclear energy companies. 

23 (i) DOMESTIC SOURCING CONSIDERATIONS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the Secretary may only carry out an ac-
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†S 2226 ES

1 tivity in connection with 1 or more of the Programs 

2 if— 

3 (A) the activity promotes manufacturing in 

4 the United States associated with uranium sup5 ply chains; or 

6 (B) the activity relies on resources, mate7 rials, or equipment developed or produced— 

8 (i) in the United States; or 

9 (ii) in a country that is an ally or 

10 partner of the United States by— 

11 (I) the government of that coun12 try; 

13 (II) an associated entity; or 

14 (III) a U.S. nuclear energy com15 pany. 

16 (2) WAIVER.—The Secretary may waive the re17 quirements of paragraph (1) with respect to an ac18 tivity if the Secretary determines a waiver to be nec19 essary to achieve 1 or more of the objectives de20 scribed in subsection (c). 

21 (j) REASONABLE COMPENSATION.— 

22 (1) IN GENERAL.—In carrying out activities 

23 under this section, the Secretary shall ensure that 

24 any LEU and HALEU made available by the Sec25 retary under 1 or more of the Programs is subject 
1467 

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1 to reasonable compensation, taking into account the 

2 fair market value of the LEU or HALEU and the 

3 purposes of this section. 

4 (2) AVAILABILITY OF CERTAIN FUNDS.— 

5 (A) IN GENERAL.—Notwithstanding sec6 tion 3302(b) of title 31, United States Code, 

7 revenues received by the Secretary from the 

8 sale or transfer of fuel feed material acquired 

9 by the Secretary pursuant to a contract entered 

10 into under clause (i) or (ii) of subsection 

11 (f)(1)(A) shall— 

12 (i) be deposited in the account de13 scribed in subparagraph (B); 

14 (ii) be available to the Secretary for 

15 carrying out the purposes of this section, 

16 to reduce the need for further appropria17 tions for those purposes; and 

18 (iii) remain available until expended. 

19 (B) REVOLVING FUND.—There is estab20 lished in the Treasury an account into which 

21 the revenues described in subparagraph (A) 

22 shall be— 

23 (i) deposited in accordance with clause 

24 (i) of that subparagraph; and 
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1 (ii) made available in accordance with 

2 clauses (ii) and (iii) of that subparagraph. 

3 (k) NUCLEAR REGULATORY COMMISSION.—The Nu4 clear Regulatory Commission shall prioritize and expedite 

5 consideration of any action related to the Programs to the 

6 extent permitted under the Atomic Energy Act of 1954 

7 (42 U.S.C. 2011 et seq.) and related statutes. 

8 (l) USEC PRIVATIZATION ACT.—The requirements 

9 of section 3112(d)(2) of the USEC Privatization Act (42 

10 U.S.C. 2297h–10(d)(2)) shall not apply to activities re11 lated to the Programs. 

12 (m) NATIONAL SECURITY NEEDS.—The Secretary 

13 shall only make available to a member of the consortium 

14 under this section for commercial use or use in a dem15 onstration project material that the President has deter16 mined is not necessary for national security needs during 

17 or prior to fiscal year 2023, subject to the condition that 

18 the material made available shall not include any material 

19 that the Secretary determines to be necessary for the Na20 tional Nuclear Security Administration or any critical mis21 sion of the Department. 

22 (n) INTERNATIONAL AGREEMENTS.—This section 

23 shall be applied in a manner consistent with the obliga24 tions of the United States under international agreements. 
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1 (o) REPORT ON CIVIL NUCLEAR CREDIT PRO2 GRAM.—Not later than 180 days after the date of enact3 ment of this Act, the Secretary shall submit to the appro4 priate committees of Congress a report that identifies the 

5 anticipated funding requirements for the civil nuclear 

6 credit program described in section 40323 of the Infra7 structure Investment and Jobs Act (42 U.S.C. 18753), 

8 taking into account— 

9 (1) the zero-emission nuclear power production 

10 credit authorized by section 45U of the Internal 

11 Revenue Code of 1986; and 

12 (2) any increased fuel costs associated with the 

13 use of domestic fuel that may arise from the imple14 mentation of that program. 

15 (p) SUPPLY CHAIN INFRASTRUCTURE AND WORK16 FORCE CAPACITY BUILDING.— 

17 (1) SUPPLY CHAIN INFRASTRUCTURE.—Section 

18 10781(b)(1) of Public Law 117–167 (commonly 

19 known as the ‘‘CHIPS and Science Act of 2022’’) 

20 (42 U.S.C. 19351(b)(1)) is amended by striking 

21 ‘‘and demonstration of advanced nuclear reactors’’ 

22 and inserting ‘‘demonstration, and deployment of 

23 advanced nuclear reactors and associated supply 

24 chain infrastructure’’. 
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1 (2) WORKFORCE CAPACITY BUILDING.—Section 

2 954(b) of the Energy Policy Act of 2005 (42 U.S.C. 

3 16274(b)) is amended— 

4 (A) in the subsection heading, by striking 

5 ‘‘Graduate’’; 

6 (B) by striking ‘‘graduate’’ each place it 

7 appears; 

8 (C) in paragraph (2)(A), by inserting 

9 ‘‘community colleges, trade schools, registered 

10 apprenticeship programs, pre-apprenticeship 

11 programs,’’ after ‘‘universities,’’; 

12 (D) in paragraph (3), by striking ‘‘2021 

13 through 2025’’ and inserting ‘‘2023 through 

14 2027’’; 

15 (E) by redesignating paragraph (3) as 

16 paragraph (4); and 

17 (F) by inserting after paragraph (2) the 

18 following: 

19 ‘‘(A) FOCUS AREAS.—In carrying out the 

20 subprogram under this subsection, the Sec21 retary may implement traineeships in focus 

22 areas that, in the determination of the Sec23 retary, are necessary to support the nuclear en24 ergy sector in the United States, including— 

25 ‘‘(i) research and development; 
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1 ‘‘(ii) construction and operation; 

2 ‘‘(iii) associated supply chains; and 

3 ‘‘(iv) workforce training and retrain4 ing to support transitioning workforces.’’. 

5 TITLE XXXII—DEFENSE NU6 CLEAR FACILITIES SAFETY 

7 BOARD 

8 SEC. 3201. AUTHORIZATION. 

9 There are authorized to be appropriated for fiscal 

10 year 2024, $47,230,000 for the operation of the Defense 

11 Nuclear Facilities Safety Board under chapter 21 of the 

12 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

13 TITLE XXXV—MARITIME 

14 ADMINISTRATION 

15 SEC. 3501. MARITIME ADMINISTRATION. 

16 Section 109 of title 49, United States Code, is 

17 amended to read as follows: 

18 ‘‘§ 109. Maritime Administration 

19 ‘‘(a) ORGANIZATION AND MISSION.—The Maritime 

20 Administration is an administration in the Department of 

21 Transportation. The mission of the Maritime Administra22 tion is to foster, promote, and develop the merchant mari23 time industry of the United States. 

24 ‘‘(b) MARITIME ADMINISTRATOR.—The head of the 

25 Maritime Administration is the Maritime Administrator, 
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1 who is appointed by the President by and with the advice 

2 and consent of the Senate. The Administrator shall report 

3 directly to the Secretary of Transportation and carry out 

4 the duties prescribed by the Secretary. 

5 ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The 

6 Maritime Administration shall have a Deputy Maritime 

7 Administrator, who is appointed in the competitive service 

8 by the Secretary, after consultation with the Adminis9 trator. The Deputy Administrator shall carry out the du10 ties prescribed by the Administrator. The Deputy Admin11 istrator shall be Acting Administrator during the absence 

12 or disability of the Administrator and, unless the Sec13 retary designates another individual, during a vacancy in 

14 the office of Administrator. 

15 ‘‘(d) DUTIES AND POWERS VESTED IN SEC16 RETARY.—All duties and powers of the Maritime Adminis17 tration are vested in the Secretary. 

18 ‘‘(e) REGIONAL OFFICES.—The Maritime Adminis19 tration shall have regional offices for the Atlantic, Gulf, 

20 Great Lakes, and Pacific port ranges, and may have other 

21 regional offices as necessary. The Secretary shall appoint 

22 a qualified individual as Director of each regional office. 

23 The Secretary shall carry out appropriate activities and 

24 programs of the Maritime Administration through the re25 gional offices. 
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1 ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.— 

2 The Secretary shall establish and maintain liaison with 

3 other agencies, and with representative trade organiza4 tions throughout the United States, concerned with the 

5 transportation of commodities by water in the export and 

6 import foreign commerce of the United States, for the pur7 pose of securing preference to vessels of the United States 

8 for the transportation of those commodities. 

9 ‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.— 

10 To assist the Secretary in carrying out duties and powers 

11 relating to the Maritime Administration, not more than 

12 five officers of the Armed Forces may be detailed to the 

13 Secretary at any one time, in addition to details author14 ized by any other law. During the period of a detail, the 

15 Secretary shall pay the officer an amount that, when 

16 added to the officer’s pay and allowances as an officer in 

17 the Armed Forces, makes the officer’s total pay and allow18 ances equal to the amount that would be paid to an indi19 vidual performing work the Secretary considers to be of 

20 similar importance, difficulty, and responsibility as that 

21 performed by the officer during the detail. 

22 ‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND

23 AUDITS.— 

24 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE25 MENTS.—In the same manner that a private cor-
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1 poration may make a contract within the scope of its 

2 authority under its charter, the Secretary may make 

3 contracts and cooperative agreements for the United 

4 States Government and disburse amounts to— 

5 ‘‘(A) carry out the Secretary’s duties and 

6 powers under this section, subtitle V of title 46, 

7 and all other Maritime Administration pro8 grams; and 

9 ‘‘(B) protect, preserve, and improve collat10 eral held by the Secretary to secure indebted11 ness. 

12 ‘‘(2) AUDITS.—The financial transactions of 

13 the Secretary under paragraph (1) shall be audited 

14 by the Comptroller General. The Comptroller Gen15 eral shall allow credit for an expenditure shown to 

16 be necessary because of the nature of the business 

17 activities authorized by this section or subtitle V of 

18 title 46. At least once a year, the Comptroller Gen19 eral shall report to Congress any departure by the 

20 Secretary from this section or subtitle V of title 46. 

21 ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as 

22 otherwise provided by law, the administrative and related 

23 expenses for the administration of any grant programs by 

24 the Maritime Administrator may not exceed 3 percent. 

25 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 
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1 ‘‘(1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, there are authorized to be 

3 appropriated such amounts as may be necessary to 

4 carry out the duties and powers of the Secretary re5 lating to the Maritime Administration. 

6 ‘‘(2) LIMITATIONS.—Only those amounts spe7 cifically authorized by law may be appropriated for 

8 the use of the Maritime Administration for— 

9 ‘‘(A) acquisition, construction, or recon10 struction of vessels; 

11 ‘‘(B) construction-differential subsidies in12 cident to the construction, reconstruction, or re13 conditioning of vessels; 

14 ‘‘(C) costs of national defense features; 

15 ‘‘(D) payments of obligations incurred for 

16 operating-differential subsidies; 

17 ‘‘(E) expenses necessary for research and 

18 development activities, including reimbursement 

19 of the Vessel Operations Revolving Fund for 

20 losses resulting from expenses of experimental 

21 vessel operations; 

22 ‘‘(F) the Vessel Operations Revolving 

23 Fund; 

24 ‘‘(G) National Defense Reserve Fleet ex25 penses; 
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1 ‘‘(H) expenses necessary to carry out part 

2 B of subtitle V of title 46; and 

3 ‘‘(I) other operations and training expenses 

4 related to the development of waterborne trans5 portation systems, the use of waterborne trans6 portation systems, and general administra7 tion.’’. 

8 DIVISION D—FUNDING TABLES 

9 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA10 BLES. 

11 (a) IN GENERAL.—Whenever a funding table in this 

12 division specifies a dollar amount authorized for a project, 

13 program, or activity, the obligation and expenditure of the 

14 specified dollar amount for the project, program, or activ15 ity is hereby authorized, subject to the availability of ap16 propriations. 

17 (b) MERIT-BASED DECISIONS.—A decision to com18 mit, obligate, or expend funds with or to a specific entity 

19 on the basis of a dollar amount authorized pursuant to 

20 subsection (a) shall— 

21 (1) be based on merit-based selection proce22 dures in accordance with the requirements of sec23 tions 3201 and 4024 of title 10, United States Code, 

24 or on competitive procedures; and 
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1 (2) comply with other applicable provisions of 

2 law. 

3 (c) RELATIONSHIP TO TRANSFER AND PROGRAM4 MING AUTHORITY.—An amount specified in the funding 

5 tables in this division may be transferred or repro6 grammed under a transfer or reprogramming authority 

7 provided by another provision of this Act or by other law. 

8 The transfer or reprogramming of an amount specified in 

9 such funding tables shall not count against a ceiling on 

10 such transfers or reprogrammings under section 1001 of 

11 this Act or any other provision of law, unless such transfer 

12 or reprogramming would move funds between appropria13 tion accounts. 

14 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This 

15 section applies to any classified annex that accompanies 

16 this Act. 

17 (e) ORAL OR WRITTEN COMMUNICATIONS.—No oral 

18 or written communication concerning any amount speci19 fied in the funding tables in this division shall supersede 

20 the requirements of this section. 
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1 TITLE XLI—PROCUREMENT 

2 SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

3 FUTURE UAS FAMILY ..................................................................................................... 53,453 53,453 

5 SMALL UNMANNED AIRCRAFT SYSTEMS ................................................................. 20,769 20,769 

ROTARY 

6 AH–64 APACHE BLOCK IIIA REMAN ........................................................................... 718,578 718,578 

7 AH–64 APACHE BLOCK IIIA REMAN ........................................................................... 110,360 110,360 

8 UH–60 BLACKHAWK M MODEL (MYP) ........................................................................ 668,258 668,258 

9 UH–60 BLACKHAWK M MODEL (MYP) ........................................................................ 92,494 92,494 

10 UH–60 BLACK HAWK L AND V MODELS .................................................................... 153,196 153,196 

11 CH–47 HELICOPTER ........................................................................................................ 202,487 202,487 

12 CH–47 HELICOPTER ........................................................................................................ 18,936 18,936 

MODIFICATION OF AIRCRAFT 

13 MQ–1 PAYLOAD ................................................................................................................. 13,650 13,650 

14 GRAY EAGLE MODS2 ....................................................................................................... 14,959 14,959 

16 AH–64 MODS ...................................................................................................................... 113,127 113,127 

17 CH–47 CARGO HELICOPTER MODS (MYP) ................................................................. 20,689 20,689 

22 UTILITY HELICOPTER MODS ....................................................................................... 35,879 35,879 

23 NETWORK AND MISSION PLAN ................................................................................... 32,418 32,418 

24 COMMS, NAV SURVEILLANCE ....................................................................................... 74,912 74,912 

25 DEGRADED VISUAL ENVIRONMENT .......................................................................... 16,838 16,838 

26 AVIATION ASSURED PNT ............................................................................................... 67,383 67,383 

27 GATM ROLLUP .................................................................................................................. 8,924 8,924 

29 UAS MODS .......................................................................................................................... 2,258 2,258 

GROUND SUPPORT AVIONICS 

30 AIRCRAFT SURVIVABILITY EQUIPMENT .................................................................. 161,731 161,731 

31 SURVIVABILITY CM ......................................................................................................... 6,526 6,526 

32 CMWS ................................................................................................................................... 72,041 72,041 

33 COMMON INFRARED COUNTERMEASURES (CIRCM) .............................................. 261,384 261,384 

OTHER SUPPORT 

34 COMMON GROUND EQUIPMENT .................................................................................. 25,752 25,752 

35 AIRCREW INTEGRATED SYSTEMS .............................................................................. 22,097 22,097 

36 AIR TRAFFIC CONTROL ................................................................................................. 21,216 21,216 

37 LAUNCHER, 2.75 ROCKET .............................................................................................. 2,125 2,125 

TOTAL AIRCRAFT PROCUREMENT, ARMY ..................................................... 3,012,440 3,012,440 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

1 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN ......................................... 6,625 6,625 

3 M-SHORAD—PROCUREMENT ........................................................................................ 400,697 400,697 

4 MSE MISSILE ..................................................................................................................... 1,212,832 1,212,832 

6 PRECISION STRIKE MISSILE (PRSM) ......................................................................... 384,071 384,071 

7 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I .............................................. 313,189 313,189 

8 MID-RANGE CAPABILITY (MRC) ................................................................................... 169,519 169,519 

AIR-TO-SURFACE MISSILE SYSTEM 

9 HELLFIRE SYS SUMMARY ............................................................................................. 21,976 21,976 

10 JOINT AIR-TO-GROUND MSLS (JAGM) ........................................................................ 303,409 303,409 

12 LONG-RANGE HYPERSONIC WEAPON ........................................................................ 156,821 156,821 

ANTI-TANK/ASSAULT MISSILE SYS 

13 JAVELIN (AAWS-M) SYSTEM SUMMARY ..................................................................... 199,509 199,509 

14 TOW 2 SYSTEM SUMMARY ............................................................................................. 120,475 120,475 

15 GUIDED MLRS ROCKET (GMLRS) ................................................................................ 886,367 886,367 

16 GUIDED MLRS ROCKET (GMLRS) ................................................................................ 55,913 55,913 

17 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......................................... 10,334 10,334 

18 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS .................................... 179,230 179,230 

19 ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM ..................................................... 7,307 7,307 

MODIFICATIONS 

21 PATRIOT MODS ................................................................................................................. 212,247 212,247 

22 STINGER MODS ................................................................................................................. 36,484 36,484 

23 AVENGER MODS ............................................................................................................... 22,274 22,274 

25 MLRS MODS ....................................................................................................................... 168,198 168,198 

26 HIMARS MODIFICATIONS .............................................................................................. 76,266 76,266 

SPARES AND REPAIR PARTS 

27 SPARES AND REPAIR PARTS ........................................................................................ 6,573 6,573 

SUPPORT EQUIPMENT & FACILITIES 

28 AIR DEFENSE TARGETS ................................................................................................ 11,701 11,701 

TOTAL MISSILE PROCUREMENT, ARMY .......................................................... 4,962,017 4,962,017 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

1 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................................................ 554,777 554,777 

3 MOBILE PROTECTED FIREPOWER ............................................................................. 394,635 394,635 
1479 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

MODIFICATION OF TRACKED COMBAT VEHICLES 

4 STRYKER UPGRADE ........................................................................................................ 614,282 614,282 

5 BRADLEY FIRE SUPPORT TEAM (BFIST) VEHICLE ............................................... 5,232 5,232 

6 BRADLEY PROGRAM (MOD) .......................................................................................... 158,274 158,274 

7 M109 FOV MODIFICATIONS ........................................................................................... 90,986 90,986 

8 PALADIN INTEGRATED MANAGEMENT (PIM) ......................................................... 469,152 469,152 

9 IMPROVED RECOVERY VEHICLE (M88 HERCULES) ............................................... 41,058 41,058 

12 JOINT ASSAULT BRIDGE ............................................................................................... 159,804 159,804 

13 ABRAMS UPGRADE PROGRAM ...................................................................................... 697,883 697,883 

14 ABRAMS UPGRADE PROGRAM ...................................................................................... 102,440 102,440 

WEAPONS & OTHER COMBAT VEHICLES 

16 PERSONAL DEFENSE WEAPON (ROLL) ..................................................................... 510 510 

17 M240 MEDIUM MACHINE GUN (7.62MM) .................................................................... 425 425 

19 MACHINE GUN, CAL .50 M2 ROLL ................................................................................ 3,420 3,420 

20 MORTAR SYSTEMS ........................................................................................................... 8,013 8,013 

21 LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS ................................... 3,174 3,174 

22 XM320 GRENADE LAUNCHER MODULE (GLM) ........................................................ 14,143 14,143 

23 PRECISION SNIPER RIFLE ............................................................................................ 5,248 5,248 

24 CARBINE ............................................................................................................................. 571 571 

25 NEXT GENERATION SQUAD WEAPON ........................................................................ 292,850 292,850 

26 HANDGUN .......................................................................................................................... 32 32 

MOD OF WEAPONS AND OTHER COMBAT VEH 

28 M777 MODS ........................................................................................................................ 18,920 18,920 

31 M119 MODIFICATIONS .................................................................................................... 13,097 13,097 

32 MORTAR MODIFICATION ............................................................................................... 423 423 

SUPPORT EQUIPMENT & FACILITIES 

33 ITEMS LESS THAN $5.0M (WOCV-WTCV) .................................................................... 1,148 1,148 

34 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................................................... 115,024 115,024 

TOTAL PROCUREMENT OF W&TCV, ARMY .................................................... 3,765,521 3,765,521 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

1 CTG, 5.56MM, ALL TYPES ............................................................................................... 90,853 90,853 

2 CTG, 7.62MM, ALL TYPES ............................................................................................... 65,370 65,370 

3 NEXT GENERATION SQUAD WEAPON AMMUNITION ............................................ 191,244 191,244 

4 CTG, HANDGUN, ALL TYPES ........................................................................................ 6,597 6,597 

5 CTG, .50 CAL, ALL TYPES .............................................................................................. 41,534 41,534 

6 CTG, 20MM, ALL TYPES .................................................................................................. 7,925 7,925 

7 CTG, 25MM, ALL TYPES .................................................................................................. 38,760 38,760 

8 CTG, 30MM, ALL TYPES .................................................................................................. 107,805 107,805 

9 CTG, 40MM, ALL TYPES .................................................................................................. 148,970 148,970 

10 CTG, 50MM, ALL TYPES .................................................................................................. 28,000 28,000 

MORTAR AMMUNITION 

11 60MM MORTAR, ALL TYPES .......................................................................................... 35,160 35,160 

12 81MM MORTAR, ALL TYPES .......................................................................................... 40,562 40,562 

13 120MM MORTAR, ALL TYPES ........................................................................................ 106,784 106,784 

TANK AMMUNITION 

14 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......................................... 300,368 300,368 

ARTILLERY AMMUNITION 

15 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........................................ 21,298 21,298 

16 ARTILLERY PROJECTILE, 155MM, ALL TYPES ........................................................ 150,839 150,839 

18 PRECISION ARTILLERY MUNITIONS .......................................................................... 96,406 96,406 

19 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ..................................... 172,947 172,947 

MINES 

20 MINES & CLEARING CHARGES, ALL TYPES ............................................................. 71,182 71,182 

21 CLOSE TERRAIN SHAPING OBSTACLE ...................................................................... 55,374 55,374 

ROCKETS 

22 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................................................. 18,630 18,630 

23 ROCKET, HYDRA 70, ALL TYPES ................................................................................. 87,293 87,293 

OTHER AMMUNITION 

24 CAD/PAD, ALL TYPES ..................................................................................................... 6,564 6,564 

25 DEMOLITION MUNITIONS, ALL TYPES ...................................................................... 24,238 24,238 

26 GRENADES, ALL TYPES ................................................................................................. 48,374 48,374 

27 SIGNALS, ALL TYPES ...................................................................................................... 23,252 23,252 

28 SIMULATORS, ALL TYPES ............................................................................................. 11,309 11,309 

MISCELLANEOUS 

30 AMMO COMPONENTS, ALL TYPES ............................................................................... 3,976 3,976 

31 NON-LETHAL AMMUNITION, ALL TYPES .................................................................. 3,281 3,281 

32 ITEMS LESS THAN $5 MILLION (AMMO) ................................................................... 17,436 17,436 

33 AMMUNITION PECULIAR EQUIPMENT ...................................................................... 13,133 13,133 

34 FIRST DESTINATION TRANSPORTATION (AMMO) .................................................. 18,068 18,068 

35 CLOSEOUT LIABILITIES ................................................................................................ 102 102 

PRODUCTION BASE SUPPORT 

36 INDUSTRIAL FACILITIES .............................................................................................. 726,135 726,135 

37 CONVENTIONAL MUNITIONS DEMILITARIZATION ................................................ 183,752 183,752 

38 ARMS INITIATIVE ............................................................................................................ 4,057 4,057 

TOTAL PROCUREMENT OF AMMUNITION, ARMY ....................................... 2,967,578 2,967,578 
1480 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

1 SEMITRAILERS, FLATBED: ........................................................................................... 22,751 22,751 

2 SEMITRAILERS, TANKERS ............................................................................................ 40,359 40,359 

3 HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................................................ 25,904 25,904 

4 GROUND MOBILITY VEHICLES (GMV) ....................................................................... 36,223 36,223 

6 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL ....................................... 839,413 839,413 

7 TRUCK, DUMP, 20T (CCE) .............................................................................................. 20,075 20,075 

8 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................................................... 110,734 110,734 

9 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C .................................... 28,745 28,745 

10 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............................................ 55,340 55,340 

11 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) .................................................. 66,428 66,428 

12 PLS ESP .............................................................................................................................. 51,868 51,868 

14 TACTICAL WHEELED VEHICLE PROTECTION KITS .............................................. 3,792 3,792 

15 MODIFICATION OF IN SVC EQUIP ............................................................................... 80,326 80,326 

NON-TACTICAL VEHICLES 

16 PASSENGER CARRYING VEHICLES ............................................................................. 2,203 2,203 

17 NONTACTICAL VEHICLES, OTHER ............................................................................. 8,246 8,246 

COMM—JOINT COMMUNICATIONS 

18 SIGNAL MODERNIZATION PROGRAM ......................................................................... 161,585 161,585 

19 TACTICAL NETWORK TECHNOLOGY MOD IN SVC .................................................. 358,646 358,646 

20 DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI .................................... 254 254 

21 JCSE EQUIPMENT (USRDECOM) .................................................................................. 5,097 5,097 

COMM—SATELLITE COMMUNICATIONS 

24 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ...................................... 101,181 101,181 

25 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS .............................. 54,849 54,849 

26 SHF TERM .......................................................................................................................... 41,634 41,634 

27 ASSURED POSITIONING, NAVIGATION AND TIMING ............................................. 202,370 202,370 

28 EHF SATELLITE COMMUNICATION ............................................................................ 19,122 19,122 

30 GLOBAL BRDCST SVC—GBS ......................................................................................... 531 531 

COMM—C3 SYSTEM 

31 COE TACTICAL SERVER INFRASTRUCTURE (TSI) .................................................. 77,999 77,999 

COMM—COMBAT COMMUNICATIONS 

32 HANDHELD MANPACK SMALL FORM FIT (HMS) .................................................... 765,109 765,109 

33 ARMY LINK 16 SYSTEMS ................................................................................................ 60,767 60,767 

35 UNIFIED COMMAND SUITE ........................................................................................... 18,999 18,999 

36 COTS COMMUNICATIONS EQUIPMENT ...................................................................... 492,001 492,001 

37 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ...................................... 1,374 1,374 

38 ARMY COMMUNICATIONS & ELECTRONICS .............................................................. 52,485 52,485 

COMM—INTELLIGENCE COMM 

39 CI AUTOMATION ARCHITECTURE-INTEL ................................................................. 16,767 16,767 

41 MULTI-DOMAIN INTELLIGENCE .................................................................................. 119,989 119,989 

INFORMATION SECURITY 

42 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ............................................... 701 701 

43 COMMUNICATIONS SECURITY (COMSEC) .................................................................. 159,712 159,712 

44 DEFENSIVE CYBER OPERATIONS ............................................................................... 13,848 13,848 

45 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO ...................................... 1,502 1,502 

47 BIOMETRIC ENABLING CAPABILITY (BEC) .............................................................. 453 453 

COMM—LONG HAUL COMMUNICATIONS 

49 BASE SUPPORT COMMUNICATIONS ............................................................................ 23,278 23,278 

COMM—BASE COMMUNICATIONS 

50 INFORMATION SYSTEMS ............................................................................................... 32,608 32,608 

51 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM .................................. 4,949 4,949 

52 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ................................... 243,011 243,011 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

55 JTT/CIBS-M ........................................................................................................................ 8,543 8,543 

56 TERRESTRIAL LAYER SYSTEMS (TLS) ...................................................................... 85,486 85,486 

58 DCGS-A-INTEL ................................................................................................................... 2,980 2,980 

60 TROJAN ............................................................................................................................... 30,649 30,649 

61 MOD OF IN-SVC EQUIP (INTEL SPT) .......................................................................... 4,169 4,169 

62 BIOMETRIC TACTICAL COLLECTION DEVICES ....................................................... 932 932 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

63 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................................................. 21,278 21,278 

64 AIR VIGILANCE (AV) ........................................................................................................ 6,641 6,641 

65 MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST .................................. 15,941 15,941 

67 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ................................ 22,833 22,833 

68 CI MODERNIZATION ........................................................................................................ 434 434 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

69 SENTINEL MODS .............................................................................................................. 161,886 161,886 

70 NIGHT VISION DEVICES ................................................................................................ 141,143 141,143 

71 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............................................ 15,484 15,484 

73 FAMILY OF WEAPON SIGHTS (FWS) ........................................................................... 185,634 185,634 

74 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ................................. 3,652 3,652 

75 FORWARD LOOKING INFRARED (IFLIR) ................................................................... 20,438 20,438 

76 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) ................................... 365,376 365,376 

77 JOINT BATTLE COMMAND—PLATFORM (JBC-P) .................................................... 215,290 215,290 

78 JOINT EFFECTS TARGETING SYSTEM (JETS) ......................................................... 8,932 8,932 

79 COMPUTER BALLISTICS: LHMBC XM32 ..................................................................... 2,965 2,965 
1481 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

80 MORTAR FIRE CONTROL SYSTEM .............................................................................. 8,024 8,024 

81 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ............................................ 7,399 7,399 

82 COUNTERFIRE RADARS ................................................................................................. 99,782 99,782 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

83 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( ................................ 78,512 78,512 

84 FIRE SUPPORT C2 FAMILY ........................................................................................... 10,052 10,052 

85 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................................................. 68,892 68,892 

86 IAMD BATTLE COMMAND SYSTEM ............................................................................. 412,556 412,556 

87 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ............................................................... 4,270 4,270 

88 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ................................. 37,194 37,194 

89 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ........................................... 1,987 1,987 

90 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP ................................... 5,318 5,318 

91 MOD OF IN-SVC EQUIPMENT (ENFIRE) ..................................................................... 4,997 4,997 

ELECT EQUIP—AUTOMATION 

92 ARMY TRAINING MODERNIZATION ............................................................................ 10,130 10,130 

93 AUTOMATED DATA PROCESSING EQUIP .................................................................. 61,489 61,489 

94 ACCESSIONS INFORMATION ENVIRONMENT (AIE) ................................................ 4,198 4,198 

96 HIGH PERF COMPUTING MOD PGM (HPCMP) .......................................................... 76,053 76,053 

97 CONTRACT WRITING SYSTEM ...................................................................................... 6,061 6,061 

98 CSS COMMUNICATIONS .................................................................................................. 56,804 56,804 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 1,781 1,781 

CHEMICAL DEFENSIVE EQUIPMENT 

102 BASE DEFENSE SYSTEMS (BDS) ................................................................................. 70,781 70,781 

103 CBRN DEFENSE ............................................................................................................... 63,198 63,198 

BRIDGING EQUIPMENT 

104 TACTICAL BRIDGING ...................................................................................................... 1,157 1,157 

105 TACTICAL BRIDGE, FLOAT-RIBBON ........................................................................... 82,228 82,228 

106 BRIDGE SUPPLEMENTAL SET ..................................................................................... 4,414 4,414 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

110 ROBOTICS AND APPLIQUE SYSTEMS ......................................................................... 68,893 68,893 

112 FAMILY OF BOATS AND MOTORS ................................................................................ 4,785 4,785 

COMBAT SERVICE SUPPORT EQUIPMENT 

113 HEATERS AND ECU’S ..................................................................................................... 7,617 7,617 

115 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) .............................................. 5,356 5,356 

116 GROUND SOLDIER SYSTEM .......................................................................................... 167,129 167,129 

117 MOBILE SOLDIER POWER ............................................................................................. 15,967 15,967 

118 FORCE PROVIDER ............................................................................................................ 34,200 34,200 

120 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ................................. 45,792 45,792 

121 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ....................................... 12,118 12,118 

PETROLEUM EQUIPMENT 

123 QUALITY SURVEILLANCE EQUIPMENT ..................................................................... 2,507 2,507 

124 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................................................. 40,989 40,989 

MEDICAL EQUIPMENT 

125 COMBAT SUPPORT MEDICAL ....................................................................................... 86,829 86,829 

MAINTENANCE EQUIPMENT 

126 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ..................................................... 17,287 17,287 

CONSTRUCTION EQUIPMENT 

128 TRACTOR, FULL TRACKED ........................................................................................... 29,878 29,878 

129 ALL TERRAIN CRANES ................................................................................................... 27,725 27,725 

131 FAMILY OF DIVER SUPPORT EQUIPMENT ............................................................... 1,811 1,811 

132 CONST EQUIP ESP ........................................................................................................... 8,898 8,898 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

133 ARMY WATERCRAFT ESP .............................................................................................. 30,592 30,592 

134 MANEUVER SUPPORT VESSEL (MSV) ........................................................................ 149,449 149,449 

GENERATORS 

136 GENERATORS AND ASSOCIATED EQUIP ................................................................... 78,364 78,364 

137 TACTICAL ELECTRIC POWER RECAPITALIZATION ................................................ 11,088 11,088 

MATERIAL HANDLING EQUIPMENT 

138 FAMILY OF FORKLIFTS ................................................................................................. 12,982 12,982 

TRAINING EQUIPMENT 

139 COMBAT TRAINING CENTERS SUPPORT ................................................................... 56,619 56,619 

140 TRAINING DEVICES, NONSYSTEM .............................................................................. 226,379 226,379 

141 SYNTHETIC TRAINING ENVIRONMENT (STE) ......................................................... 234,965 234,965 

142 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .................................. 9,698 9,698 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

143 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ............................................ 36,149 36,149 

144 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................................................... 32,623 32,623 

OTHER SUPPORT EQUIPMENT 

145 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................................................... 132,739 132,739 

146 BASE LEVEL COMMON EQUIPMENT .......................................................................... 34,460 34,460 

147 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................................................... 35,239 35,239 

148 BUILDING, PRE-FAB, RELOCATABLE ........................................................................ 31,011 31,011 

149 SPECIAL EQUIPMENT FOR TEST AND EVALUATION ............................................ 52,481 52,481 

OPA2 

151 INITIAL SPARES—C&E .................................................................................................... 9,169 9,169 

TOTAL OTHER PROCUREMENT, ARMY ............................................................ 8,672,979 8,672,979 
1482 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

1 F/A–18E/F (FIGHTER) HORNET .................................................................................... 41,329 41,329 

2 JOINT STRIKE FIGHTER CV ......................................................................................... 2,410,569 2,410,569 

3 JOINT STRIKE FIGHTER CV ......................................................................................... 189,425 189,425 

4 JSF STOVL ......................................................................................................................... 2,126,317 2,126,317 

5 JSF STOVL ......................................................................................................................... 193,125 193,125 

6 CH–53K (HEAVY LIFT) .................................................................................................... 1,698,050 1,698,050 

7 CH–53K (HEAVY LIFT) .................................................................................................... 456,567 456,567 

8 V–22 (MEDIUM LIFT) ....................................................................................................... 27,216 27,216 

9 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................................................... 4,292 4,292 

10 P–8A POSEIDON ................................................................................................................ 31,257 31,257 

11 E–2D ADV HAWKEYE ...................................................................................................... 182,817 182,817 

TRAINER AIRCRAFT 

13 MULTI-ENGINE TRAINING SYSTEM (METS) ............................................................. 289,141 289,141 

OTHER AIRCRAFT 

15 KC–130J ............................................................................................................................... 241,291 241,291 

17 MQ–4 TRITON .................................................................................................................... 416,010 416,010 

19 MQ–8 UAV ........................................................................................................................... 1,546 1,546 

21 MQ–25 .................................................................................................................................. 545,697 545,697 

22 MQ–25 .................................................................................................................................. 50,576 50,576 

23 MARINE GROUP 5 UAS .................................................................................................... 89,563 89,563 

MODIFICATION OF AIRCRAFT 

24 F–18 A-D UNIQUE ............................................................................................................. 116,551 116,551 

25 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM ..................................... 605,416 605,416 

26 MARINE GROUP 5 UAS SERIES .................................................................................... 98,063 98,063 

27 AEA SYSTEMS ................................................................................................................... 24,110 24,110 

28 AV–8 SERIES ...................................................................................................................... 22,829 22,829 

29 INFRARED SEARCH AND TRACK (IRST) .................................................................... 179,193 179,193 

30 ADVERSARY ....................................................................................................................... 69,336 69,336 

31 F–18 SERIES ...................................................................................................................... 640,236 640,236 

32 H–53 SERIES ...................................................................................................................... 41,414 41,414 

33 MH–60 SERIES ................................................................................................................... 106,495 106,495 

34 H–1 SERIES ........................................................................................................................ 114,284 114,284 

35 EP–3 SERIES ...................................................................................................................... 8,548 8,548 

36 E–2 SERIES ........................................................................................................................ 183,246 183,246 

37 TRAINER A/C SERIES ...................................................................................................... 16,376 16,376 

39 C–130 SERIES .................................................................................................................... 198,220 198,220 

40 FEWSG ................................................................................................................................ 651 651 

41 CARGO/TRANSPORT A/C SERIES .................................................................................. 13,930 13,930 

42 E–6 SERIES ........................................................................................................................ 164,571 164,571 

43 EXECUTIVE HELICOPTERS SERIES ........................................................................... 60,498 60,498 

44 T–45 SERIES ...................................................................................................................... 170,357 170,357 

45 POWER PLANT CHANGES .............................................................................................. 21,079 21,079 

46 JPATS SERIES ................................................................................................................... 28,005 28,005 

48 COMMON ECM EQUIPMENT .......................................................................................... 53,614 53,614 

49 COMMON AVIONICS CHANGES ..................................................................................... 136,199 136,199 

50 COMMON DEFENSIVE WEAPON SYSTEM .................................................................. 6,585 6,585 

51 ID SYSTEMS ....................................................................................................................... 13,085 13,085 

52 P–8 SERIES ........................................................................................................................ 316,168 316,168 

53 MAGTF EW FOR AVIATION ............................................................................................ 24,901 24,901 

54 MQ–8 SERIES ..................................................................................................................... 14,700 14,700 

55 V–22 (TILT/ROTOR ACFT) OSPREY .............................................................................. 215,997 215,997 

56 NEXT GENERATION JAMMER (NGJ) ........................................................................... 426,396 426,396 

57 F–35 STOVL SERIES ........................................................................................................ 311,921 311,921 

58 F–35 CV SERIES ................................................................................................................ 166,909 166,909 

59 QRC ...................................................................................................................................... 28,206 28,206 

60 MQ–4 SERIES ..................................................................................................................... 93,951 93,951 

AIRCRAFT SPARES AND REPAIR PARTS 

62 SPARES AND REPAIR PARTS ........................................................................................ 2,451,244 2,451,244 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

63 COMMON GROUND EQUIPMENT .................................................................................. 566,156 566,156 

64 AIRCRAFT INDUSTRIAL FACILITIES .......................................................................... 133,815 133,815 

65 WAR CONSUMABLES ....................................................................................................... 44,632 44,632 

66 OTHER PRODUCTION CHARGES .................................................................................. 49,907 49,907 

67 SPECIAL SUPPORT EQUIPMENT ................................................................................. 404,178 404,178 

TOTAL AIRCRAFT PROCUREMENT, NAVY ...................................................... 17,336,760 17,336,760 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

1 CONVENTIONAL PROMPT STRIKE .............................................................................. 341,434 341,434 

2 TRIDENT II MODS ............................................................................................................ 1,284,705 1,284,705 

SUPPORT EQUIPMENT & FACILITIES 

3 MISSILE INDUSTRIAL FACILITIES ............................................................................. 7,954 7,954 

STRATEGIC MISSILES 

4 TOMAHAWK ....................................................................................................................... 72,908 72,908 

TACTICAL MISSILES 

5 AMRAAM ............................................................................................................................. 439,153 439,153 
1483 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

6 SIDEWINDER ..................................................................................................................... 78,165 78,165 

7 STANDARD MISSILE ........................................................................................................ 969,525 969,525 

8 STANDARD MISSILE ........................................................................................................ 227,320 227,320 

9 SMALL DIAMETER BOMB II .......................................................................................... 65,863 65,863

10 RAM ...................................................................................................................................... 114,896 114,896 

11 JOINT AIR GROUND MISSILE (JAGM) ........................................................................ 79,292 79,292 

12 HELLFIRE .......................................................................................................................... 6,923 6,923 

13 AERIAL TARGETS ............................................................................................................ 176,588 176,588 

14 OTHER MISSILE SUPPORT ............................................................................................ 3,687 3,687

15 LRASM ................................................................................................................................. 639,636 639,636 

16 NAVAL STRIKE MISSILE (NSM) .................................................................................... 29,925 29,925 

17 NAVAL STRIKE MISSILE (NSM) .................................................................................... 5,755 5,755 

MODIFICATION OF MISSILES 

18 TOMAHAWK MODS ........................................................................................................... 540,944 540,944 

19 ESSM .................................................................................................................................... 290,129 290,129 

20 AARGM-ER .......................................................................................................................... 162,429 162,429 

21 AARGM-ER .......................................................................................................................... 33,273 33,273 

22 STANDARD MISSILES MODS ......................................................................................... 89,255 89,255

SUPPORT EQUIPMENT & FACILITIES 

23 WEAPONS INDUSTRIAL FACILITIES .......................................................................... 2,037 2,037 

ORDNANCE SUPPORT EQUIPMENT 

25 ORDNANCE SUPPORT EQUIPMENT ............................................................................ 208,154 208,154 

TORPEDOES AND RELATED EQUIP 

26 SSTD .................................................................................................................................... 4,830 4,830 

27 MK–48 TORPEDO .............................................................................................................. 308,497 308,497 

28 ASW TARGETS ................................................................................................................... 14,817 14,817 

MOD OF TORPEDOES AND RELATED EQUIP 

29 MK–54 TORPEDO MODS .................................................................................................. 104,086 104,086 

30 MK–48 TORPEDO ADCAP MODS .................................................................................... 20,714 20,714 

31 MARITIME MINES ............................................................................................................ 58,800 58,800 

SUPPORT EQUIPMENT 

32 TORPEDO SUPPORT EQUIPMENT ............................................................................... 133,187 133,187 

33 ASW RANGE SUPPORT .................................................................................................... 4,146 4,146 

DESTINATION TRANSPORTATION 

34 FIRST DESTINATION TRANSPORTATION .................................................................. 5,811 5,811 

GUNS AND GUN MOUNTS 

35 SMALL ARMS AND WEAPONS ....................................................................................... 14,165 14,165 

MODIFICATION OF GUNS AND GUN MOUNTS 

36 CIWS MODS ........................................................................................................................ 4,088 4,088 

37 COAST GUARD WEAPONS .............................................................................................. 55,172 55,172 

38 GUN MOUNT MODS .......................................................................................................... 82,682 82,682 

39 LCS MODULE WEAPONS ................................................................................................ 3,264 3,264 

40 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................................................... 14,357 14,357 

SPARES AND REPAIR PARTS 

42 SPARES AND REPAIR PARTS ........................................................................................ 177,819 177,819 

TOTAL WEAPONS PROCUREMENT, NAVY ....................................................... 6,876,385 6,876,385 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

1 GENERAL PURPOSE BOMBS ......................................................................................... 43,519 43,519 

2 JDAM ................................................................................................................................... 73,689 73,689 

3 AIRBORNE ROCKETS, ALL TYPES ............................................................................... 67,423 67,423 

4 MACHINE GUN AMMUNITION ....................................................................................... 11,862 11,862 

5 PRACTICE BOMBS ............................................................................................................ 52,481 52,481 

6 CARTRIDGES & CART ACTUATED DEVICES ............................................................. 72,426 72,426 

7 AIR EXPENDABLE COUNTERMEASURES .................................................................. 104,529 104,529 

8 JATOS .................................................................................................................................. 7,433 7,433 

9 5 INCH/54 GUN AMMUNITION ....................................................................................... 30,871 30,871 

10 INTERMEDIATE CALIBER GUN AMMUNITION ........................................................ 41,261 41,261 

11 OTHER SHIP GUN AMMUNITION ................................................................................. 44,044 44,044 

12 SMALL ARMS & LANDING PARTY AMMO ................................................................... 48,478 48,478 

13 PYROTECHNIC AND DEMOLITION .............................................................................. 9,521 9,521 

14 AMMUNITION LESS THAN $5 MILLION ..................................................................... 1,679 1,679 

15 EXPEDITIONARY LOITERING MUNITIONS ............................................................... 249,575 249,575 

MARINE CORPS AMMUNITION 

16 MORTARS ........................................................................................................................... 61,274 61,274 

17 DIRECT SUPPORT MUNITIONS .................................................................................... 73,338 73,338 

18 INFANTRY WEAPONS AMMUNITION ........................................................................... 178,240 178,240 

19 COMBAT SUPPORT MUNITIONS ................................................................................... 15,897 15,897 

20 AMMO MODERNIZATION ................................................................................................ 17,941 17,941 

21 ARTILLERY MUNITIONS ................................................................................................ 82,452 82,452 

22 ITEMS LESS THAN $5 MILLION ................................................................................... 5,340 5,340 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ........................................... 1,293,273 1,293,273 

SHIPBUILDING AND CONVERSION, NAVY 

FLEET BALLISTIC MISSILE SHIPS 

1 OHIO REPLACEMENT SUBMARINE ............................................................................. 2,443,598 2,443,598 

2 OHIO REPLACEMENT SUBMARINE ............................................................................. 3,390,734 3,390,734 
1484 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

OTHER WARSHIPS 

3 CARRIER REPLACEMENT PROGRAM .......................................................................... 1,115,296 1,115,296 

4 CVN–81 ................................................................................................................................ 800,492 800,492 

5 VIRGINIA CLASS SUBMARINE ...................................................................................... 7,129,965 7,129,965 

6 VIRGINIA CLASS SUBMARINE ...................................................................................... 3,215,539 3,215,539 

8 CVN REFUELING OVERHAULS ..................................................................................... 817,646 817,646 

9 DDG 1000 ............................................................................................................................ 410,400 410,400 

10 DDG–51 ................................................................................................................................ 4,199,179 4,199,179 

11 DDG–51 ................................................................................................................................ 284,035 284,035 

13 FFG-FRIGATE .................................................................................................................... 2,173,698 2,173,698 

AMPHIBIOUS SHIPS 

14 LPD FLIGHT II .................................................................................................................. 0 1,863,000 

Program increase for LPD–33—USMC UFR ..................................................................... [1,863,000] 

18 LHA REPLACEMENT ....................................................................................................... 1,830,149 1,830,149 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

21 AS SUBMARINE TENDER ............................................................................................... 1,733,234 1,733,234 

22 TAO FLEET OILER ........................................................................................................... 815,420 815,420 

25 LCU 1700 ............................................................................................................................. 62,532 62,532 

26 OUTFITTING ...................................................................................................................... 557,365 557,365 

28 SERVICE CRAFT ............................................................................................................... 63,815 63,815 

29 AUXILIARY PERSONNEL LIGHTER ............................................................................. 0 72,000 

Additional APL–67 class berthing barge ............................................................................. [72,000] 

30 LCAC SLEP ......................................................................................................................... 15,286 15,286 

31 AUXILIARY VESSELS (USED SEALIFT) ...................................................................... 142,008 142,008 

32 COMPLETION OF PY SHIPBUILDING PROGRAMS ................................................... 1,648,559 1,648,559 

TOTAL SHIPBUILDING AND CONVERSION, NAVY ...................................... 32,848,950 34,783,950 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

1 SURFACE POWER EQUIPMENT .................................................................................... 14,003 14,003 

GENERATORS 

2 SURFACE COMBATANT HM&E ...................................................................................... 105,441 105,441 

NAVIGATION EQUIPMENT 

3 OTHER NAVIGATION EQUIPMENT .............................................................................. 110,286 110,286 

OTHER SHIPBOARD EQUIPMENT 

4 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ............................................. 262,951 262,951 

5 DDG MOD ........................................................................................................................... 628,532 628,532 

6 FIREFIGHTING EQUIPMENT ........................................................................................ 34,782 34,782 

7 COMMAND AND CONTROL SWITCHBOARD ............................................................... 2,458 2,458 

8 LHA/LHD MIDLIFE .......................................................................................................... 104,369 104,369 

9 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM .................................................... 10,529 10,529 

10 POLLUTION CONTROL EQUIPMENT ........................................................................... 23,272 23,272 

11 SUBMARINE SUPPORT EQUIPMENT ........................................................................... 112,526 112,526 

12 VIRGINIA CLASS SUPPORT EQUIPMENT ................................................................... 32,076 32,076 

13 LCS CLASS SUPPORT EQUIPMENT ............................................................................. 18,832 18,832 

14 SUBMARINE BATTERIES ............................................................................................... 28,221 28,221 

15 LPD CLASS SUPPORT EQUIPMENT ............................................................................. 91,890 91,890 

16 DDG 1000 CLASS SUPPORT EQUIPMENT ................................................................... 232,124 232,124 

17 STRATEGIC PLATFORM SUPPORT EQUIP ................................................................. 25,058 25,058 

18 DSSP EQUIPMENT ........................................................................................................... 4,623 4,623 

20 LCAC .................................................................................................................................... 10,794 10,794 

21 UNDERWATER EOD EQUIPMENT ................................................................................ 19,549 19,549 

22 ITEMS LESS THAN $5 MILLION ................................................................................... 86,001 86,001 

23 CHEMICAL WARFARE DETECTORS ............................................................................ 3,288 3,288 

REACTOR PLANT EQUIPMENT 

24 SHIP MAINTENANCE, REPAIR AND MODERNIZATION .......................................... 2,746,313 2,746,313 

25 REACTOR POWER UNITS ............................................................................................... 2,016 2,016 

26 REACTOR COMPONENTS ................................................................................................ 390,148 390,148 

OCEAN ENGINEERING 

27 DIVING AND SALVAGE EQUIPMENT ........................................................................... 18,086 18,086 

SMALL BOATS 

28 STANDARD BOATS ........................................................................................................... 74,963 74,963 

PRODUCTION FACILITIES EQUIPMENT 

29 OPERATING FORCES IPE ............................................................................................... 187,495 187,495 

OTHER SHIP SUPPORT 

30 LCS COMMON MISSION MODULES EQUIPMENT ...................................................... 49,060 49,060 

31 LCS MCM MISSION MODULES ....................................................................................... 93,961 93,961 

33 LCS SUW MISSION MODULES ....................................................................................... 12,102 12,102 

34 LCS IN-SERVICE MODERNIZATION ............................................................................. 171,704 171,704 

35 SMALL & MEDIUM UUV .................................................................................................. 61,951 61,951 

LOGISTIC SUPPORT 

36 LSD MIDLIFE & MODERNIZATION .............................................................................. 7,594 7,594 

SHIP SONARS 

37 SPQ–9B RADAR ................................................................................................................. 7,267 7,267 

38 AN/SQQ–89 SURF ASW COMBAT SYSTEM ................................................................... 138,065 138,065 

39 SSN ACOUSTIC EQUIPMENT ......................................................................................... 463,577 463,577 

40 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................................................ 23,452 23,452 

ASW ELECTRONIC EQUIPMENT 
1485 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

41 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................................................. 46,726 46,726 

42 SSTD .................................................................................................................................... 14,560 14,560 

43 FIXED SURVEILLANCE SYSTEM ................................................................................. 420,069 420,069 

44 SURTASS ............................................................................................................................. 33,910 33,910 

ELECTRONIC WARFARE EQUIPMENT 

45 AN/SLQ–32 .......................................................................................................................... 329,513 329,513 

RECONNAISSANCE EQUIPMENT 

46 SHIPBOARD IW EXPLOIT ............................................................................................... 379,230 379,230 

47 AUTOMATED IDENTIFICATION SYSTEM (AIS) ........................................................ 4,082 4,082 

OTHER SHIP ELECTRONIC EQUIPMENT 

48 COOPERATIVE ENGAGEMENT CAPABILITY ............................................................. 37,677 37,677 

49 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ................................... 15,374 15,374 

50 ATDLS ................................................................................................................................. 50,148 50,148 

51 NAVY COMMAND AND CONTROL SYSTEM (NCCS) .................................................. 3,918 3,918 

52 MINESWEEPING SYSTEM REPLACEMENT ................................................................ 16,814 16,814 

54 NAVSTAR GPS RECEIVERS (SPACE) ............................................................................ 37,319 37,319 

55 AMERICAN FORCES RADIO AND TV SERVICE ......................................................... 2,750 2,750 

56 STRATEGIC PLATFORM SUPPORT EQUIP ................................................................. 6,437 6,437 

AVIATION ELECTRONIC EQUIPMENT 

57 ASHORE ATC EQUIPMENT ............................................................................................ 89,237 89,237 

58 AFLOAT ATC EQUIPMENT ............................................................................................. 90,487 90,487 

59 ID SYSTEMS ....................................................................................................................... 59,234 59,234 

60 JOINT PRECISION APPROACH AND LANDING SYSTEM ( ..................................... 3,343 3,343 

61 NAVAL MISSION PLANNING SYSTEMS ....................................................................... 39,180 39,180 

OTHER SHORE ELECTRONIC EQUIPMENT 

62 MARITIME INTEGRATED BROADCAST SYSTEM ...................................................... 6,994 6,994 

63 TACTICAL/MOBILE C4I SYSTEMS ................................................................................ 52,026 52,026 

64 DCGS-N ................................................................................................................................ 16,579 16,579 

65 CANES ................................................................................................................................. 467,587 467,587 

66 RADIAC ............................................................................................................................... 16,475 16,475 

67 CANES-INTELL ................................................................................................................. 48,207 48,207 

68 GPETE ................................................................................................................................. 25,761 25,761 

69 MASF ................................................................................................................................... 16,475 16,475 

70 INTEG COMBAT SYSTEM TEST FACILITY ................................................................. 6,345 6,345 

71 EMI CONTROL INSTRUMENTATION ........................................................................... 4,282 4,282 

73 IN-SERVICE RADARS AND SENSORS .......................................................................... 255,256 255,256 

SHIPBOARD COMMUNICATIONS 

74 BATTLE FORCE TACTICAL NETWORK ....................................................................... 74,180 74,180 

75 SHIPBOARD TACTICAL COMMUNICATIONS .............................................................. 29,776 29,776 

76 SHIP COMMUNICATIONS AUTOMATION .................................................................... 96,916 96,916 

77 COMMUNICATIONS ITEMS UNDER $5M ..................................................................... 14,107 14,107 

SUBMARINE COMMUNICATIONS 

78 SUBMARINE BROADCAST SUPPORT ........................................................................... 73,791 73,791 

79 SUBMARINE COMMUNICATION EQUIPMENT ........................................................... 83,178 83,178 

SATELLITE COMMUNICATIONS 

80 SATELLITE COMMUNICATIONS SYSTEMS ................................................................ 72,871 72,871 

81 NAVY MULTIBAND TERMINAL (NMT) ........................................................................ 37,921 37,921 

SHORE COMMUNICATIONS 

82 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........................................ 5,065 5,065 

CRYPTOGRAPHIC EQUIPMENT 

83 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................................................ 154,890 154,890 

84 MIO INTEL EXPLOITATION TEAM .............................................................................. 1,079 1,079 

CRYPTOLOGIC EQUIPMENT 

85 CRYPTOLOGIC COMMUNICATIONS EQUIP ................................................................ 17,483 17,483 

OTHER ELECTRONIC SUPPORT 

86 COAST GUARD EQUIPMENT .......................................................................................... 77,458 77,458

SONOBUOYS 

88 SONOBUOYS—ALL TYPES ............................................................................................. 311,177 311,177 

AIRCRAFT SUPPORT EQUIPMENT 

89 MINOTAUR ......................................................................................................................... 5,396 5,396 

90 WEAPONS RANGE SUPPORT EQUIPMENT ................................................................ 147,556 147,556 

91 AIRCRAFT SUPPORT EQUIPMENT .............................................................................. 162,273 162,273 

92 ADVANCED ARRESTING GEAR (AAG) ......................................................................... 11,930 11,930 

93 ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM (EMALS ................................ 17,836 17,836 

94 METEOROLOGICAL EQUIPMENT ................................................................................. 19,703 19,703 

95 LEGACY AIRBORNE MCM ............................................................................................... 12,202 12,202 

97 AVIATION SUPPORT EQUIPMENT ............................................................................... 82,115 82,115 

98 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL .................................... 152,687 152,687 

99 ARCHITECT & CAP FOR AUTONOMY IN NAV ENTER (AR ..................................... 1,612 1,612 

SHIP GUN SYSTEM EQUIPMENT 

100 SHIP GUN SYSTEMS EQUIPMENT ............................................................................... 6,404 6,404 

SHIP MISSILE SYSTEMS EQUIPMENT 

101 HARPOON SUPPORT EQUIPMENT ............................................................................... 227 227 

102 SHIP MISSILE SUPPORT EQUIPMENT ....................................................................... 294,511 294,511 

103 TOMAHAWK SUPPORT EQUIPMENT ........................................................................... 92,432 92,432 

FBM SUPPORT EQUIPMENT 

104 STRATEGIC MISSILE SYSTEMS EQUIP ...................................................................... 325,318 325,318 

ASW SUPPORT EQUIPMENT 
1486 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

105 SSN COMBAT CONTROL SYSTEMS .............................................................................. 133,063 133,063 

106 ASW SUPPORT EQUIPMENT .......................................................................................... 27,469 27,469 

OTHER ORDNANCE SUPPORT EQUIPMENT 

107 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................................................... 27,864 27,864 

108 ITEMS LESS THAN $5 MILLION ................................................................................... 6,171 6,171 

OTHER EXPENDABLE ORDNANCE 

109 ANTI-SHIP MISSILE DECOY SYSTEM .......................................................................... 56,630 56,630 

110 SUBMARINE TRAINING DEVICE MODS ...................................................................... 76,954 76,954 

111 SURFACE TRAINING EQUIPMENT ............................................................................... 209,487 209,487 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

112 PASSENGER CARRYING VEHICLES ............................................................................. 3,827 3,827 

113 GENERAL PURPOSE TRUCKS ....................................................................................... 4,570 4,570 

114 CONSTRUCTION & MAINTENANCE EQUIP ................................................................ 56,829 56,829 

115 FIRE FIGHTING EQUIPMENT ....................................................................................... 16,583 16,583

116 TACTICAL VEHICLES ...................................................................................................... 24,236 24,236 

117 AMPHIBIOUS EQUIPMENT ............................................................................................ 4,504 4,504

118 POLLUTION CONTROL EQUIPMENT ........................................................................... 3,898 3,898 

119 ITEMS LESS THAN $5 MILLION ................................................................................... 67,286 67,286 

120 PHYSICAL SECURITY VEHICLES ................................................................................. 1,286 1,286 

SUPPLY SUPPORT EQUIPMENT 

121 SUPPLY EQUIPMENT ...................................................................................................... 33,258 33,258 

122 FIRST DESTINATION TRANSPORTATION .................................................................. 6,977 6,977 

123 SPECIAL PURPOSE SUPPLY SYSTEMS ....................................................................... 659,529 659,529 

TRAINING DEVICES 

124 TRAINING SUPPORT EQUIPMENT ............................................................................... 2,083 2,083 

125 TRAINING AND EDUCATION EQUIPMENT ................................................................ 106,542 106,542 

COMMAND SUPPORT EQUIPMENT 

126 COMMAND SUPPORT EQUIPMENT .............................................................................. 44,448 44,448 

127 MEDICAL SUPPORT EQUIPMENT ................................................................................ 12,529 12,529 

129 NAVAL MIP SUPPORT EQUIPMENT ............................................................................ 5,408 5,408 

130 OPERATING FORCES SUPPORT EQUIPMENT ........................................................... 12,105 12,105 

131 C4ISR EQUIPMENT .......................................................................................................... 7,670 7,670 

132 ENVIRONMENTAL SUPPORT EQUIPMENT ................................................................ 52,597 52,597 

133 PHYSICAL SECURITY EQUIPMENT ............................................................................. 108,901 108,901 

134 ENTERPRISE INFORMATION TECHNOLOGY ............................................................ 42,154 42,154 

OTHER 

139 NEXT GENERATION ENTERPRISE SERVICE ............................................................ 177,585 177,585 

140 CYBERSPACE ACTIVITIES ............................................................................................. 23,176 23,176 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 16,290 16,290 

SPARES AND REPAIR PARTS 

142 SPARES AND REPAIR PARTS ........................................................................................ 645,900 645,900 

143 VIRGINIA CLASS (VACL) SPARES AND REPAIR PARTS .......................................... 470,000 470,000 

TOTAL OTHER PROCUREMENT, NAVY ............................................................. 14,535,257 14,535,257 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

1 AAV7A1 PIP ........................................................................................................................ 3,353 3,353 

2 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES ..................................... 557,564 557,564 

3 LAV PIP ............................................................................................................................... 42,052 42,052 

ARTILLERY AND OTHER WEAPONS 

4 155MM LIGHTWEIGHT TOWED HOWITZER .............................................................. 489 489 

5 ARTILLERY WEAPONS SYSTEM ................................................................................... 165,268 165,268 

6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .................................... 14,004 14,004 

GUIDED MISSILES 

7 TOMAHAWK ....................................................................................................................... 105,192 105,192 

8 NAVAL STRIKE MISSILE (NSM) .................................................................................... 169,726 169,726

9 NAVAL STRIKE MISSILE (NSM) .................................................................................... 39,244 39,244 

10 GROUND BASED AIR DEFENSE ................................................................................... 249,103 253,603 

Program increase .................................................................................................................. [4,500] 

11 ANTI-ARMOR MISSILE-JAVELIN .................................................................................. 54,883 54,883 

12 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ............................................ 23,627 23,627 

13 ANTI-ARMOR MISSILE-TOW ........................................................................................... 2,007 2,007

14 GUIDED MLRS ROCKET (GMLRS) ................................................................................ 8,867 8,867 

COMMAND AND CONTROL SYSTEMS 

15 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C ................................ 75,382 75,382 

REPAIR AND TEST EQUIPMENT 

16 REPAIR AND TEST EQUIPMENT .................................................................................. 53,590 53,590 

OTHER SUPPORT (TEL) 

17 MODIFICATION KITS ....................................................................................................... 1,782 1,782 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

18 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................................................ 122,917 122,917 

19 AIR OPERATIONS C2 SYSTEMS .................................................................................... 23,744 23,744 

RADAR + EQUIPMENT (NON-TEL) 

20 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .................................................... 66,291 66,291 

INTELL/COMM EQUIPMENT (NON-TEL) 

21 ELECTRO MAGNETIC SPECTRUM OPERATIONS (EMSO) ...................................... 177,270 177,270 

22 GCSS-MC .............................................................................................................................. 4,144 4,144 
1487 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

23 FIRE SUPPORT SYSTEM ................................................................................................. 58,483 58,483 

24 INTELLIGENCE SUPPORT EQUIPMENT .................................................................... 148,062 148,062 

26 UNMANNED AIR SYSTEMS (INTEL) ............................................................................ 52,273 52,273 

27 DCGS-MC ............................................................................................................................. 68,289 68,289 

28 UAS PAYLOADS ................................................................................................................. 19,088 19,088 

OTHER SUPPORT (NON-TEL) 

31 EXPEDITIONARY SUPPORT EQUIPMENT .................................................................. 2,010 2,010 

32 MARINE CORPS ENTERPRISE NETWORK (MCEN) .................................................. 259,044 259,044 

33 COMMON COMPUTER RESOURCES .............................................................................. 27,966 27,966 

34 COMMAND POST SYSTEMS ............................................................................................ 71,109 71,109 

35 RADIO SYSTEMS ............................................................................................................... 544,059 544,059 

36 COMM SWITCHING & CONTROL SYSTEMS ................................................................ 46,276 46,276 

37 COMM & ELEC INFRASTRUCTURE SUPPORT ........................................................... 27,111 27,111 

38 CYBERSPACE ACTIVITIES ............................................................................................. 27,583 27,583 

40 UNMANNED EXPEDITIONARY SYSTEMS ................................................................... 13,564 13,564 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 2,799 2,799 

ADMINISTRATIVE VEHICLES 

43 COMMERCIAL CARGO VEHICLES ................................................................................. 34,169 34,169 

TACTICAL VEHICLES 

44 MOTOR TRANSPORT MODIFICATIONS ....................................................................... 17,299 17,299 

45 JOINT LIGHT TACTICAL VEHICLE ............................................................................. 232,501 232,501 

46 TRAILERS ........................................................................................................................... 2,034 2,034 

ENGINEER AND OTHER EQUIPMENT 

47 TACTICAL FUEL SYSTEMS ............................................................................................ 12,956 12,956 

48 POWER EQUIPMENT ASSORTED ................................................................................. 28,899 28,899 

49 AMPHIBIOUS SUPPORT EQUIPMENT ......................................................................... 15,691 15,691 

50 EOD SYSTEMS ................................................................................................................... 41,200 41,200 

MATERIALS HANDLING EQUIPMENT 

51 PHYSICAL SECURITY EQUIPMENT ............................................................................. 53,949 53,949 

GENERAL PROPERTY 

52 FIELD MEDICAL EQUIPMENT ...................................................................................... 5,457 5,457 

53 TRAINING DEVICES ......................................................................................................... 96,577 96,577 

54 FAMILY OF CONSTRUCTION EQUIPMENT ................................................................ 29,883 29,883 

55 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) .............................................................. 17,034 17,034 

OTHER SUPPORT 

56 ITEMS LESS THAN $5 MILLION ................................................................................... 27,691 27,691 

SPARES AND REPAIR PARTS 

57 SPARES AND REPAIR PARTS ........................................................................................ 35,657 35,657

TOTAL PROCUREMENT, MARINE CORPS ........................................................ 3,979,212 3,983,712 

AIRCRAFT PROCUREMENT, AIR FORCE 

STRATEGIC OFFENSIVE 

1 B–21 RAIDER ..................................................................................................................... 1,617,093 1,617,093 

2 B–21 RAIDER ..................................................................................................................... 708,000 708,000 

TACTICAL FORCES 

3 F–35 ..................................................................................................................................... 4,877,121 4,877,121 

4 F–35 ..................................................................................................................................... 402,000 402,000 

5 F–15EX ................................................................................................................................ 2,670,039 2,469,591 

DAF requested realignment of funds ................................................................................... [–200,448]

6 F–15EX ................................................................................................................................ 228,000 228,000 

TACTICAL AIRLIFT 

7 KC–46A MDAP .................................................................................................................... 2,882,590 2,882,590 

OTHER AIRLIFT 

8 C–130J ................................................................................................................................. 34,921 34,921 

HELICOPTERS 

11 MH–139A ............................................................................................................................. 228,807 228,807 

12 COMBAT RESCUE HELICOPTER .................................................................................. 282,533 282,533 

MISSION SUPPORT AIRCRAFT 

13 CIVIL AIR PATROL A/C ................................................................................................... 3,013 3,013 

OTHER AIRCRAFT 

15 TARGET DRONES ............................................................................................................. 42,226 42,226 

17 E–11 BACN/HAG ................................................................................................................ 67,367 67,367 

STRATEGIC AIRCRAFT 

19 B–2A ..................................................................................................................................... 107,980 107,980 

20 B–1B ..................................................................................................................................... 12,757 9,782 

DAF requested realignment of funds ................................................................................... [–2,975] 

21 B–52 ..................................................................................................................................... 65,815 51,798 

DAF requested realignment of funds ................................................................................... [–14,017] 

22 LARGE AIRCRAFT INFRARED COUNTERMEASURES ............................................. 21,723 21,723 

TACTICAL AIRCRAFT 

24 E–11 BACN/HAG ................................................................................................................ 58,923 58,923 

25 F–15 ..................................................................................................................................... 34,830 155,278 

DAF requested realignment of funds ................................................................................... [120,448] 

26 F–16 ..................................................................................................................................... 297,342 297,342 

27 F–22A ................................................................................................................................... 794,676 794,676 

28 F–35 MODIFICATIONS ..................................................................................................... 451,798 451,798 

29 F–15 EPAW ......................................................................................................................... 280,658 280,658 
1488 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

AIRLIFT AIRCRAFT 

31 C–5 ........................................................................................................................................ 24,377 24,377 

32 C–17A ................................................................................................................................... 140,560 140,560 

33 C–32A ................................................................................................................................... 19,060 19,060 

34 C–37A ................................................................................................................................... 13,454 13,454 

TRAINER AIRCRAFT 

35 GLIDER MODS ................................................................................................................... 5,270 5,270 

36 T–6 ........................................................................................................................................ 2,942 2,942 

37 T–1 ........................................................................................................................................ 10,950 10,950 

38 T–38 ...................................................................................................................................... 125,340 125,340 

OTHER AIRCRAFT 

40 U–2 MODS ........................................................................................................................... 54,727 54,727 

42 C–12 ...................................................................................................................................... 446 446 

44 VC–25A MOD ....................................................................................................................... 29,707 29,707 

45 C–40 ...................................................................................................................................... 8,921 8,921 

46 C–130 .................................................................................................................................... 71,177 71,177 

47 C–130J MODS ..................................................................................................................... 121,258 121,258 

48 C–135 .................................................................................................................................... 153,595 153,595 

49 COMPASS CALL ................................................................................................................. 144,686 144,686 

50 COMBAT FLIGHT INSPECTION—CFIN ....................................................................... 446 446 

51 RC–135 ................................................................................................................................. 220,138 240,138 

RC–135 alternate PNT upgrades ......................................................................................... [20,000] 

52 E–3 ....................................................................................................................................... 1,350 1,350 

53 E–4 ....................................................................................................................................... 13,055 13,055 

56 H–1 ....................................................................................................................................... 816 816 

57 H–60 ..................................................................................................................................... 4,207 4,207 

60 HC/MC–130 MODIFICATIONS ......................................................................................... 101,055 101,055 

61 OTHER AIRCRAFT ............................................................................................................ 54,134 73,403 

DAF requested realignment of funds ................................................................................... [11,619] 

DAF requested realignment of funds for SLPA-A .............................................................. [7,650] 

62 MQ–9 MODS ........................................................................................................................ 98,063 98,063 

64 SENIOR LEADER C3 SYSTEM—AIRCRAFT ................................................................ 24,847 24,847 

65 CV–22 MODS ....................................................................................................................... 153,006 153,006 

AIRCRAFT SPARES AND REPAIR PARTS 

66 INITIAL SPARES/REPAIR PARTS .................................................................................. 781,521 772,877

DAF requested realignment of funds ................................................................................... [–8,644] 

COMMON SUPPORT EQUIPMENT 

67 AIRCRAFT REPLACEMENT SUPPORT EQUIP ........................................................... 157,664 157,664 

POST PRODUCTION SUPPORT 

68 B–2A ..................................................................................................................................... 1,838 1,838 

69 B–2B ..................................................................................................................................... 15,207 15,207 

72 MC–130J .............................................................................................................................. 10,117 10,117 

74 F–16 ..................................................................................................................................... 1,075 1,075 

75 F–22A ................................................................................................................................... 38,418 38,418 

INDUSTRIAL PREPAREDNESS 

79 INDUSTRIAL RESPONSIVENESS .................................................................................. 18,874 18,874 

WAR CONSUMABLES 

80 WAR CONSUMABLES ....................................................................................................... 27,482 27,482 

OTHER PRODUCTION CHARGES 

81 OTHER PRODUCTION CHARGES .................................................................................. 1,478,044 1,558,044 

DAF requested realignment of funds ................................................................................... [80,000] 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 17,165 17,165 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .......................................... 20,315,204 20,328,837 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

1 MISSILE REPLACEMENT EQ-BALLISTIC ................................................................... 69,319 69,319 

BALLISTIC MISSILES 

3 GROUND BASED STRATEGIC DETERRENT .............................................................. 539,300 539,300 

STRATEGIC 

TACTICAL 

4 LONG RANGE STAND-OFF WEAPON ........................................................................... 66,816 66,816 

5 REPLAC EQUIP & WAR CONSUMABLES ..................................................................... 37,318 37,318 

6 JOINT AIR-SURFACE STANDOFF MISSILE ................................................................ 915,996 915,996 

7 JOINT AIR-SURFACE STANDOFF MISSILE ................................................................ 769,672 769,672 

8 JOINT STRIKE MISSILE ................................................................................................. 161,011 161,011 

9 LRASM0 ............................................................................................................................... 87,796 87,796 

10 LRASM0 ............................................................................................................................... 99,871 99,871 

11 SIDEWINDER (AIM–9X) ................................................................................................... 95,643 95,643 

12 AMRAAM ............................................................................................................................. 489,049 489,049 

13 AMRAAM ............................................................................................................................. 212,410 212,410 

14 PREDATOR HELLFIRE MISSILE .................................................................................. 1,049 1,049 

15 SMALL DIAMETER BOMB .............................................................................................. 48,734 48,734 

16 SMALL DIAMETER BOMB II .......................................................................................... 291,553 291,553 

17 STAND-IN ATTACK WEAPON (SIAW) ........................................................................... 41,947 41,947 

INDUSTRIAL FACILITIES 

18 INDUSTRIAL PREPAREDNESS/POL PREVENTION .................................................. 793 793 
1489 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

CLASS IV 

19 ICBM FUZE MOD .............................................................................................................. 115,745 115,745 

20 ICBM FUZE MOD .............................................................................................................. 43,044 43,044 

21 MM III MODIFICATIONS ................................................................................................. 48,639 48,639 

22 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................................................... 41,494 41,494 

MISSILE SPARES AND REPAIR PARTS 

23 MSL SPRS/REPAIR PARTS (INITIAL) ........................................................................... 6,840 6,840 

24 MSL SPRS/REPAIR PARTS (REPLEN) .......................................................................... 75,191 75,191 

SPECIAL PROGRAMS 

29 SPECIAL UPDATE PROGRAMS ...................................................................................... 419,498 419,498

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 851,718 851,718 

TOTAL MISSILE PROCUREMENT, AIR FORCE .............................................. 5,530,446 5,530,446 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

1 ROCKETS ............................................................................................................................ 18,483 18,483 

CARTRIDGES 

2 CARTRIDGES ..................................................................................................................... 101,104 101,104 

BOMBS 

4 GENERAL PURPOSE BOMBS ......................................................................................... 142,118 142,118

5 MASSIVE ORDNANCE PENETRATOR (MOP) .............................................................. 14,074 14,074 

6 JOINT DIRECT ATTACK MUNITION ............................................................................ 132,364 132,364 

7 B–61 ..................................................................................................................................... 68 68 

8 B61–12 TRAINER ............................................................................................................... 10,100 10,100 

OTHER ITEMS 

9 CAD/PAD ............................................................................................................................. 51,487 51,487 

10 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................................................ 6,707 6,707 

11 SPARES AND REPAIR PARTS ........................................................................................ 585 585 

13 FIRST DESTINATION TRANSPORTATION .................................................................. 2,299 2,299 

14 ITEMS LESS THAN $5,000,000 ....................................................................................... 5,115 5,115

FLARES 

15 EXPENDABLE COUNTERMEASURES .......................................................................... 79,786 79,786 

FUZES 

16 FUZES ................................................................................................................................. 109,562 109,562 

SMALL ARMS 

17 SMALL ARMS ..................................................................................................................... 29,306 29,306 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ........................... 703,158 703,158 

PROCUREMENT, SPACE FORCE 

SPACE PROCUREMENT, SF 

1 AF SATELLITE COMM SYSTEM .................................................................................... 64,345 64,345 

3 COUNTERSPACE SYSTEMS ............................................................................................ 52,665 52,665

4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................................................ 25,057 25,057 

5 FABT FORCE ELEMENT TERMINAL ........................................................................... 121,634 121,634 

7 GENERAL INFORMATION TECH—SPACE .................................................................. 3,451 3,451 

8 GPSIII FOLLOW ON ......................................................................................................... 119,700 119,700 

9 GPS III SPACE SEGMENT ............................................................................................... 121,770 121,770 

10 GLOBAL POSTIONING (SPACE) .................................................................................... 893 893 

11 HERITAGE TRANSITION ................................................................................................ 6,110 6,110 

12 JOINT TACTICAL GROUND STATIONS ....................................................................... 580 580 

13 SPACEBORNE EQUIP (COMSEC) ................................................................................... 83,168 83,168 

14 MILSATCOM ....................................................................................................................... 44,672 44,672 

15 SBIR HIGH (SPACE) ......................................................................................................... 39,438 39,438 

16 SPECIAL SPACE ACTIVITIES ......................................................................................... 840,913 380,213 

Space Force realignment of funds ........................................................................................ [–497,000] 

Space Force Unfunded Priorities List Classified Program A .............................................. [36,300] 

17 MOBILE USER OBJECTIVE SYSTEM ........................................................................... 101,147 101,147 

18 NATIONAL SECURITY SPACE LAUNCH ...................................................................... 2,142,846 2,142,846 

20 PTES HUB .......................................................................................................................... 56,482 56,482 

21 ROCKET SYSTEMS LAUNCH PROGRAM ..................................................................... 74,848 74,848 

22 SPACE DEVELOPMENT AGENCY LAUNCH ................................................................ 529,468 529,468 

23 SPACE MODS ..................................................................................................................... 166,596 166,596 

24 SPACELIFT RANGE SYSTEM SPACE ........................................................................... 114,505 114,505 

SPARES 

25 SPARES AND REPAIR PARTS ........................................................................................ 906 906 

SUPPORT EQUIPMENT 

26 POWER CONDITIONING EQUIPMENT ......................................................................... 3,100 3,100 

TOTAL PROCUREMENT, SPACE FORCE ........................................................... 4,714,294 4,253,594 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

1 PASSENGER CARRYING VEHICLES ............................................................................. 6,123 6,123 

CARGO AND UTILITY VEHICLES 

2 MEDIUM TACTICAL VEHICLE ...................................................................................... 3,961 3,961 

3 CAP VEHICLES .................................................................................................................. 1,027 1,027 

4 CARGO AND UTILITY VEHICLES ................................................................................. 45,036 47,338 

DAF requested realignment of funds ................................................................................... [328] 
1490 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

DAF requested realignment of funds from OMAF SAG 11R ............................................. [1,974] 

SPECIAL PURPOSE VEHICLES 

5 JOINT LIGHT TACTICAL VEHICLE ............................................................................. 57,780 57,780 

6 SECURITY AND TACTICAL VEHICLES ........................................................................ 390 390 

7 SPECIAL PURPOSE VEHICLES ..................................................................................... 79,023 82,803 

DAF requested realignment of funds ................................................................................... [340] 

DAF requested realignment of funds from OMAF SAG 11R ............................................. [3,440] 

FIRE FIGHTING EQUIPMENT 

8 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................................................ 70,252 70,252 

MATERIALS HANDLING EQUIPMENT 

9 MATERIALS HANDLING VEHICLES ............................................................................ 73,805 75,895 

DAF requested realignment of funds from OMAF SAG 11R ............................................. [1,805] 

DAF requested realignment of funds from OPAF line 11 .................................................. [285] 

BASE MAINTENANCE SUPPORT 

10 RUNWAY SNOW REMOV AND CLEANING EQU ......................................................... 22,030 22,030 

11 BASE MAINTENANCE SUPPORT VEHICLES ............................................................. 223,354 240,634 

DAF requested realignment of funds ................................................................................... [–953] 

DAF requested realignment of funds from OMAF SAG 11R ............................................. [18,233] 

COMM SECURITY EQUIPMENT(COMSEC) 

13 COMSEC EQUIPMENT ..................................................................................................... 98,600 98,600 

INTELLIGENCE PROGRAMS 

15 INTERNATIONAL INTEL TFECH & ARCHITECTURES ............................................ 5,393 5,393 

16 INTELLIGENCE TRAINING EQUIPMENT ................................................................... 5,012 5,012 

17 INTELLIGENCE COMM EQUIPMENT ........................................................................... 40,042 40,042 

ELECTRONICS PROGRAMS 

18 AIR TRAFFIC CONTROL & LANDING SYS .................................................................. 67,581 67,581 

19 NATIONAL AIRSPACE SYSTEM ..................................................................................... 3,841 3,841 

20 BATTLE CONTROL SYSTEM—FIXED .......................................................................... 1,867 1,867 

22 3D EXPEDITIONARY LONG-RANGE RADAR .............................................................. 83,735 83,735 

23 WEATHER OBSERVATION FORECAST ........................................................................ 28,530 28,530 

24 STRATEGIC COMMAND AND CONTROL ...................................................................... 73,593 73,593 

25 CHEYENNE MOUNTAIN COMPLEX .............................................................................. 8,221 8,221 

26 MISSION PLANNING SYSTEMS ..................................................................................... 17,078 17,078 

29 STRATEGIC MISSION PLANNING & EXECUTION SYSTEM .................................... 3,861 3,861 

SPCL COMM-ELECTRONICS PROJECTS 

30 GENERAL INFORMATION TECHNOLOGY .................................................................. 206,142 237,093 

DAF requested realignment of funds ................................................................................... [30,951] 

31 AF GLOBAL COMMAND & CONTROL SYS ................................................................... 2,582 2,582 

32 BATTLEFIELD AIRBORNE CONTROL NODE (BACN) .............................................. 30 30 

33 MOBILITY COMMAND AND CONTROL ........................................................................ 3,768 3,768 

34 AIR FORCE PHYSICAL SECURITY SYSTEM ............................................................... 208,704 208,704 

35 COMBAT TRAINING RANGES ........................................................................................ 346,340 346,340 

36 MINIMUM ESSENTIAL EMERGENCY COMM N .......................................................... 84,102 84,102 

37 WIDE AREA SURVEILLANCE (WAS) ............................................................................ 11,594 11,594 

38 C3 COUNTERMEASURES ................................................................................................ 148,818 148,818 

44 AIR & SPACE OPERATIONS CENTER (AOC) ............................................................... 5,032 5,032 

AIR FORCE COMMUNICATIONS 

46 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ....................................... 108,532 322,704 

DAF requested realignment of funds ................................................................................... [214,172] 

47 AFNET ................................................................................................................................. 154,911 154,911 

48 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........................................ 5,381 5,381 

49 USCENTCOM ...................................................................................................................... 18,025 18,025 

50 USSTRATCOM .................................................................................................................... 4,436 4,436 

51 USSPACECOM .................................................................................................................... 27,073 27,073 

ORGANIZATION AND BASE 

52 TACTICAL C-E EQUIPMENT .......................................................................................... 226,819 226,819 

53 RADIO EQUIPMENT ......................................................................................................... 30,407 30,407 

54 BASE COMM INFRASTRUCTURE .................................................................................. 113,563 113,563 

MODIFICATIONS 

55 COMM ELECT MODS ........................................................................................................ 98,224 98,224 

PERSONAL SAFETY & RESCUE EQUIP 

56 PERSONAL SAFETY AND RESCUE EQUIPMENT ..................................................... 60,473 60,473 

DEPOT PLANT+MTRLS HANDLING EQ 

57 POWER CONDITIONING EQUIPMENT ......................................................................... 9,235 9,235 

58 MECHANIZED MATERIAL HANDLING EQUIP .......................................................... 15,662 15,662 

BASE SUPPORT EQUIPMENT 

59 BASE PROCURED EQUIPMENT .................................................................................... 77,875 77,875 

60 ENGINEERING AND EOD EQUIPMENT ...................................................................... 280,734 288,968 

DAF requested realignment of funds ................................................................................... [2,284] 

DAF requested realignment of funds from OMAF SAG 11R ............................................. [5,950] 

61 MOBILITY EQUIPMENT .................................................................................................. 207,071 232,271 

DAF requested realignment of funds from OMAF SAG 11R ............................................. [25,200] 

62 FUELS SUPPORT EQUIPMENT (FSE) ......................................................................... 218,790 218,790 

63 BASE MAINTENANCE AND SUPPORT EQUIPMENT ................................................ 51,914 51,914 

SPECIAL SUPPORT PROJECTS 

65 DARP RC135 ....................................................................................................................... 28,882 28,882 

66 DCGS-AF ............................................................................................................................. 129,655 129,655 

70 SPECIAL UPDATE PROGRAM ........................................................................................ 1,042,833 1,042,833 
1491 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 25,456,490 25,456,490 

SPARES AND REPAIR PARTS 

71 SPARES AND REPAIR PARTS (CYBER) ....................................................................... 1,032 1,032 

72 SPARES AND REPAIR PARTS ........................................................................................ 12,628 12,628

TOTAL OTHER PROCUREMENT, AIR FORCE ................................................. 30,417,892 30,721,901 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DCSA 

29 MAJOR EQUIPMENT ........................................................................................................ 2,135 2,135 

MAJOR EQUIPMENT, DHRA 

43 PERSONNEL ADMINISTRATION ................................................................................... 3,704 3,704 

MAJOR EQUIPMENT, DISA 

11 INFORMATION SYSTEMS SECURITY ........................................................................... 12,275 12,275 

12 TELEPORT PROGRAM ..................................................................................................... 42,399 42,399 

14 ITEMS LESS THAN $5 MILLION ................................................................................... 47,538 47,538 

15 DEFENSE INFORMATION SYSTEM NETWORK ......................................................... 39,472 39,472 

16 WHITE HOUSE COMMUNICATION AGENCY .............................................................. 118,523 118,523 

17 SENIOR LEADERSHIP ENTERPRISE .......................................................................... 94,591 94,591 

18 JOINT REGIONAL SECURITY STACKS (JRSS) ........................................................... 22,714 15,714 

Program reduction ................................................................................................................ [–7,000] 

19 JOINT SERVICE PROVIDER ........................................................................................... 107,637 107,637 

20 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) ............................................ 33,047 33,047 

MAJOR EQUIPMENT, DLA 

28 MAJOR EQUIPMENT ........................................................................................................ 30,355 30,355 

MAJOR EQUIPMENT, DMACT 

50 MAJOR EQUIPMENT ........................................................................................................ 13,012 13,012 

MAJOR EQUIPMENT, DODEA 

49 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS .......................................... 1,358 1,358 

MAJOR EQUIPMENT, DPAA 

1 MAJOR EQUIPMENT, DPAA ........................................................................................... 516 516 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 

46 VEHICLES .......................................................................................................................... 366 366 

47 OTHER MAJOR EQUIPMENT ......................................................................................... 12,787 12,787 

48 DTRA CYBER ACTIVITIES .............................................................................................. 21,413 21,413 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

31 THAAD ................................................................................................................................ 216,782 216,782 

33 AEGIS BMD ........................................................................................................................ 374,756 374,756 

35 BMDS AN/TPY–2 RADARS ............................................................................................... 29,108 29,108 

36 SM–3 IIAS ............................................................................................................................ 432,824 432,824 

37 ARROW 3 UPPER TIER SYSTEMS ................................................................................. 80,000 80,000 

38 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ..................................... 40,000 40,000 

39 DEFENSE OF GUAM PROCUREMENT ......................................................................... 169,627 169,627 

40 AEGIS ASHORE PHASE III ............................................................................................. 2,390 2,390 

41 IRON DOME ........................................................................................................................ 80,000 80,000 

42 AEGIS BMD HARDWARE AND SOFTWARE ................................................................ 27,825 27,825 

MAJOR EQUIPMENT, OSD 

2 MAJOR EQUIPMENT, OSD .............................................................................................. 186,006 186,006 

MAJOR EQUIPMENT, TJS 

30 MAJOR EQUIPMENT, TJS ............................................................................................... 3,747 3,747 

MAJOR EQUIPMENT, USCYBERCOM 

51 CYBERSPACE OPERATIONS .......................................................................................... 129,082 160,082 

Modernization of Department of Defense Internet Gateway Cyber Defense ....................... [31,000] 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 658,529 658,529 

AVIATION PROGRAMS 

53 ARMED OVERWATCH/TARGETING .............................................................................. 266,846 266,846 

54 MANNED ISR ..................................................................................................................... 7,000 7,000 

55 MC–12 .................................................................................................................................. 600 600 

57 ROTARY WING UPGRADES AND SUSTAINMENT ..................................................... 261,012 261,012 

58 UNMANNED ISR ............................................................................................................... 26,997 26,997 

59 NON-STANDARD AVIATION ........................................................................................... 25,782 25,782 

60 U–28 ..................................................................................................................................... 7,198 7,198 

61 MH–47 CHINOOK .............................................................................................................. 149,883 149,883 

62 CV–22 MODIFICATION ..................................................................................................... 75,981 75,981 

63 MQ–9 UNMANNED AERIAL VEHICLE .......................................................................... 17,684 17,684 

64 PRECISION STRIKE PACKAGE ...................................................................................... 108,497 108,497 

65 AC/MC–130J ........................................................................................................................ 319,754 319,754 

66 C–130 MODIFICATIONS ................................................................................................... 18,796 18,796 

SHIPBUILDING 

67 UNDERWATER SYSTEMS ............................................................................................... 66,111 78,171 

Seal Delivery Vehicle (SDV) Sonar Payload for Subsea Seabed Acceleration ..................... [12,060] 

AMMUNITION PROGRAMS 

68 ORDNANCE ITEMS <$5M ............................................................................................... 147,831 147,831 

OTHER PROCUREMENT PROGRAMS 

69 INTELLIGENCE SYSTEMS ............................................................................................. 203,400 203,400 

70 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........................................ 5,718 5,718 

71 OTHER ITEMS <$5M ....................................................................................................... 108,816 108,816 
1492 

†S 2226 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

72 COMBATANT CRAFT SYSTEMS ..................................................................................... 55,064 55,064 

73 SPECIAL PROGRAMS ....................................................................................................... 20,412 20,412 

74 TACTICAL VEHICLES ...................................................................................................... 56,561 56,561 

75 WARRIOR SYSTEMS <$5M ............................................................................................. 329,837 344,637 

Counter Uncrewed Aerial Systems (CUAS) Group 3 Defeat Acceleration .......................... [14,800] 

76 COMBAT MISSION REQUIREMENTS ............................................................................ 4,987 4,987 

77 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................................................. 23,639 23,639 

78 OPERATIONAL ENHANCEMENTS ................................................................................ 322,341 322,341 

CBDP 

79 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ............................................ 159,884 159,884 

80 CB PROTECTION & HAZARD MITIGATION ................................................................. 231,826 236,826 

Chemical nerve agent countermeasures ................................................................................ [5,000] 

TOTAL PROCUREMENT, DEFENSE-WIDE ........................................................ 6,056,975 6,112,835 

TOTAL PROCUREMENT ............................................................................................ 167,988,341 169,840,643 

1 TITLE XLII—RESEARCH, DEVEL2 OPMENT, TEST, AND EVALUA3 TION 

4 SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

BASIC RESEARCH 

1 0601102A DEFENSE RESEARCH SCIENCES .................................................. 296,670 296,670 

2 0601103A UNIVERSITY RESEARCH INITIATIVES ........................................ 75,672 75,672 

3 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS .............. 108,946 108,946 

4 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE ..................... 5,459 5,459 

5 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING 

BASIC RESEARCH.

10,708 10,708 

SUBTOTAL BASIC RESEARCH ................................................ 497,455 497,455 

APPLIED RESEARCH 

6 0602002A ARMY AGILE INNOVATION AND DEVELOPMENT-APPLIED 

RESEARCH.

5,613 5,613 

8 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES ........ 6,242 6,242 

9 0602141A LETHALITY TECHNOLOGY ............................................................. 85,578 85,578 

10 0602142A ARMY APPLIED RESEARCH ............................................................ 34,572 34,572 

11 0602143A SOLDIER LETHALITY TECHNOLOGY .......................................... 104,470 114,470 

Airborne Pathfinder ............................................................................... [10,000] 

12 0602144A GROUND TECHNOLOGY .................................................................. 60,005 80,005 

Critical hybrid advanced materials processing ...................................... [7,000] 

Engineered repair materials for roadways ............................................. [3,000] 

Polar proving ground and training program ......................................... [5,000] 

Titanium metal powder production technology ...................................... [5,000] 

13 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY ......... 166,500 181,500 

Fuel cells for next generation combat vehicles ...................................... [5,000] 

Hydrogen fuel source research and development ................................... [10,000] 

14 0602146A NETWORK C3I TECHNOLOGY ........................................................ 81,618 81,618 

15 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY ...................... 34,683 34,683 

16 0602148A FUTURE VERTICLE LIFT TECHNOLOGY ................................... 73,844 73,844 

17 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY .............................. 33,301 38,301 

Counter-Unmanned Aircraft Systems technology .................................. [5,000] 

18 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING 

TECHNOLOGIES.

24,142 24,142 

19 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH ............... 14,297 14,297 

20 0602182A C3I APPLIED RESEARCH ................................................................ 30,659 30,659 

21 0602183A AIR PLATFORM APPLIED RESEARCH ......................................... 48,163 48,163 

22 0602184A SOLDIER APPLIED RESEARCH ..................................................... 18,986 18,986 

23 0602213A C3I APPLIED CYBER ........................................................................ 22,714 22,714 

24 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 16,736 16,736 

25 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ............... 19,969 19,969 
1493 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

26 0602787A MEDICAL TECHNOLOGY ................................................................. 66,266 71,266 

Preventing trauma-related stress disorder ............................................ [5,000] 

SUBTOTAL APPLIED RESEARCH .......................................... 948,358 1,003,358 

ADVANCED TECHNOLOGY DEVELOPMENT 

27 0603002A MEDICAL ADVANCED TECHNOLOGY ........................................... 4,147 4,147 

28 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED 

TECHNOLOGY.

16,316 16,316 

29 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION ................ 23,156 23,156 

30 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES.13,187 18,187 

Tactical artificial intelligence and machine learning ............................. [5,000] 

31 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY ..... 33,332 33,332 

32 0603042A C3I ADVANCED TECHNOLOGY ...................................................... 19,225 19,225 

33 0603043A AIR PLATFORM ADVANCED TECHNOLOGY ............................... 14,165 14,165 

34 0603044A SOLDIER ADVANCED TECHNOLOGY ........................................... 1,214 1,214 

36 0603116A LETHALITY ADVANCED TECHNOLOGY ...................................... 20,582 20,582 

37 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT .................. 136,280 136,280 

38 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY ................... 102,778 102,778 

39 0603119A GROUND ADVANCED TECHNOLOGY ............................................ 40,597 45,597 

Advanced composites and multi-material protective systems ................ [5,000] 

40 0603134A COUNTER IMPROVISED-THREAT SIMULATION ........................ 21,672 21,672 

41 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH.59,871 59,871 

42 0603457A C3I CYBER ADVANCED DEVELOPMENT ..................................... 28,847 28,847 

43 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.255,772 265,772 

High Performance Computing Modernization Program increase .......... [10,000] 

44 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY.217,394 224,394 

Advanced Manufacturing Center of Excellence ..................................... [7,000] 

45 0603463A NETWORK C3I ADVANCED TECHNOLOGY ................................. 105,549 105,549 

46 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 153,024 158,024 

Aluminum-Lithium Alloy Solid Rocket Motor ....................................... [5,000] 

47 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY ............. 158,795 158,795 

48 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY ....... 21,015 26,015 

Rapid Assurance Modernization Program-Test ..................................... [5,000] 

49 0603920A HUMANITARIAN DEMINING ........................................................... 9,068 9,068 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.1,455,986 1,492,986 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

51 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION ................. 12,904 12,904 

52 0603308A ARMY SPACE SYSTEMS INTEGRATION ....................................... 19,120 19,120 

54 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV .................... 47,537 47,537 

55 0603639A TANK AND MEDIUM CALIBER AMMUNITION ............................ 91,323 91,323 

56 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV .................... 43,026 43,026 

57 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................................. 3,550 3,550 

58 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV 

DEV.

65,567 65,567 

59 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ........... 73,675 73,675 

60 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ......... 31,720 31,720 

61 0603790A NATO RESEARCH AND DEVELOPMENT ..................................... 4,143 4,143 

62 0603801A AVIATION—ADV DEV ....................................................................... 1,502,160 1,502,160 

63 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ............. 7,604 7,604 

64 0603807A MEDICAL SYSTEMS—ADV DEV ..................................................... 1,602 1,602 

65 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ................... 27,681 27,681 

66 0604017A ROBOTICS DEVELOPMENT ............................................................. 3,024 3,024 

67 0604019A EXPANDED MISSION AREA MISSILE (EMAM) ........................... 97,018 97,018 

68 0604020A CROSS FUNCTIONAL TEAM (CFT) ADVANCED DEVELOPMENT & PROTOTYPING.117,557 117,557 

69 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY ............... 38,851 38,851 

70 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV ............. 191,394 191,394 

71 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV 

DEV.

10,626 10,626 

72 0604100A ANALYSIS OF ALTERNATIVES ...................................................... 11,095 11,095 

73 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) ................ 5,144 5,144 

74 0604103A ELECTRONIC WARFARE PLANNING AND MANAGEMENT 

TOOL (EWPMT).

2,260 2,260 

75 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM 

(FTUAS).

53,143 53,143 

76 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR ....... 816,663 816,663 

77 0604115A TECHNOLOGY MATURATION INITIATIVES ................................ 281,314 281,314 

78 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) ..... 281,239 281,239 

79 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING.204,914 204,914 

80 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) .. 40,930 40,930 
1494 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

81 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & 

PROTOTYPING.

109,714 109,714 

82 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING.16,426 16,426 

83 0604135A STRATEGIC MID-RANGE FIRES ..................................................... 31,559 31,559 

84 0604182A HYPERSONICS .................................................................................... 43,435 43,435 

85 0604403A FUTURE INTERCEPTOR .................................................................. 8,040 8,040 

86 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT.64,242 64,242 

87 0604541A UNIFIED NETWORK TRANSPORT ................................................. 40,915 40,915 

9999 9999999999 CLASSIFIED PROGRAMS .................................................................. 19,200 19,200 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,420,315 4,420,315 

SYSTEM DEVELOPMENT & DEMONSTRATION 

91 0604201A AIRCRAFT AVIONICS ........................................................................ 13,673 13,673 

92 0604270A ELECTRONIC WARFARE DEVELOPMENT .................................. 12,789 12,789 

93 0604601A INFANTRY SUPPORT WEAPONS ................................................... 64,076 64,076 

94 0604604A MEDIUM TACTICAL VEHICLES ..................................................... 28,226 28,226 

95 0604611A JAVELIN .............................................................................................. 7,827 7,827 

96 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................................. 44,197 44,197 

97 0604633A AIR TRAFFIC CONTROL .................................................................. 1,134 1,134 

98 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) ................ 142,125 142,125 

99 0604642A LIGHT TACTICAL WHEELED VEHICLES .................................... 53,564 53,564 

100 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV ..... 102,201 102,201 

101 0604710A NIGHT VISION SYSTEMS—ENG DEV ........................................... 48,720 56,220 

Enhanced Night Vision Goggle—Binocular capability enhancements .. [7,500] 

102 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .................. 2,223 2,223 

103 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV .......................... 21,441 21,441 

104 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE— 

ENG DEV.

74,738 74,738 

105 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ..... 30,985 30,985 

106 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ..................... 13,626 13,626 

107 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG 

DEV.

8,802 8,802 

108 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION ........ 20,828 20,828 

109 0604802A WEAPONS AND MUNITIONS—ENG DEV ..................................... 243,851 243,851 

110 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ............. 37,420 42,420 

Ultra-Lightweight Camouflage Net System .......................................... [5,000] 

111 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG 

DEV.

34,214 34,214 

112 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE 

EQUIPMENT—ENG DEV.

6,496 6,496 

113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV .............................. 13,581 13,581 

114 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & 

SOFTWARE.

168,574 168,574 

115 0604820A RADAR DEVELOPMENT ................................................................... 94,944 94,944 

116 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 2,965 2,965 

117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................................. 11,333 11,333 

118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS— 

EMD.

79,250 79,250 

119 0604854A ARTILLERY SYSTEMS—EMD ......................................................... 42,490 42,490 

120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ........................ 104,024 104,024 

121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPSA).102,084 102,084 

123 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ........................... 18,662 18,662 

124 0605031A JOINT TACTICAL NETWORK (JTN) .............................................. 30,328 30,328 

125 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ............... 11,509 11,509 

126 0605036A COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) .... 1,050 1,050 

128 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ............................... 27,714 27,714 

129 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) ............... 4,318 4,318 

130 0605047A CONTRACT WRITING SYSTEM ....................................................... 16,355 16,355 

131 0605049A MISSILE WARNING SYSTEM MODERNIZATION (MWSM) ........ 27,571 27,571 

132 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............................. 24,900 24,900 

133 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 196,248 196,248 

134 0605053A GROUND ROBOTICS .......................................................................... 35,319 35,319 

135 0605054A EMERGING TECHNOLOGY INITIATIVES ..................................... 201,274 201,274 

137 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM ......................... 36,970 36,970 

139 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 132,136 132,136 

140 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION ............. 81,657 81,657 

141 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) ................ 31,284 31,284 

142 0605206A CI AND HUMINT EQUIPMENT PROGRAM-ARMY (CIHEP-A) ... 2,170 2,170 

143 0605216A JOINT TARGETING INTEGRATED COMMAND AND COORDINATION SUITE (JTIC2S).9,290 9,290 

144 0605224A MULTI-DOMAIN INTELLIGENCE ................................................... 41,003 41,003 

146 0605231A PRECISION STRIKE MISSILE (PRSM) .......................................... 272,786 272,786 

147 0605232A HYPERSONICS EMD .......................................................................... 900,920 900,920 

148 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) ................. 27,361 27,361 
1495 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

149 0605235A STRATEGIC MID-RANGE CAPABILITY ......................................... 348,855 348,855 

150 0605236A INTEGRATED TACTICAL COMMUNICATIONS ............................ 22,901 22,901 

151 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ................................... 3,014 3,014 

152 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) .. 284,095 284,095 

153 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS 

DEV & DEMONSTRATION.

36,016 36,016 

154 0605625A MANNED GROUND VEHICLE ......................................................... 996,653 996,653 

155 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ....................... 15,129 15,129 

156 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING 

AND MANUFACTURING DEVELOPMENT PH.

27,243 27,243 

157 0605830A AVIATION GROUND SUPPORT EQUIPMENT .............................. 1,167 1,167 

158 0303032A TROJAN—RH12 .................................................................................. 3,879 3,879 

159 0304270A ELECTRONIC WARFARE DEVELOPMENT .................................. 137,186 137,186 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.5,639,364 5,651,864 

MANAGEMENT SUPPORT 

160 0604256A THREAT SIMULATOR DEVELOPMENT ........................................ 38,492 38,492 

161 0604258A TARGET SYSTEMS DEVELOPMENT ............................................. 11,873 11,873 

162 0604759A MAJOR T&E INVESTMENT .............................................................. 76,167 76,167 

163 0605103A RAND ARROYO CENTER .................................................................. 37,078 37,078 

164 0605301A ARMY KWAJALEIN ATOLL .............................................................. 314,872 314,872 

165 0605326A CONCEPTS EXPERIMENTATION PROGRAM ............................... 95,551 95,551 

167 0605601A ARMY TEST RANGES AND FACILITIES ....................................... 439,118 449,118 

Radar Range Replacement Program ..................................................... [10,000] 

168 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS.42,220 42,220 

169 0605604A SURVIVABILITY/LETHALITY ANALYSIS ..................................... 37,518 37,518 

170 0605606A AIRCRAFT CERTIFICATION ............................................................ 2,718 2,718 

172 0605706A MATERIEL SYSTEMS ANALYSIS .................................................... 26,902 26,902 

173 0605709A EXPLOITATION OF FOREIGN ITEMS ........................................... 7,805 7,805 

174 0605712A SUPPORT OF OPERATIONAL TESTING ....................................... 75,133 75,133 

175 0605716A ARMY EVALUATION CENTER ........................................................ 71,118 71,118 

176 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 11,204 11,204 

177 0605801A PROGRAMWIDE ACTIVITIES .......................................................... 93,895 93,895 

178 0605803A TECHNICAL INFORMATION ACTIVITIES .................................... 31,327 31,327 

179 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND 

SAFETY.

50,409 50,409 

180 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,629 1,629 

181 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA ......... 55,843 55,843 

182 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST 

SITE.

91,340 91,340 

183 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION ....... 6,348 6,348 

185 0606942A ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

6,025 6,025 

SUBTOTAL MANAGEMENT SUPPORT ................................. 1,624,585 1,634,585 

OPERATIONAL SYSTEMS DEVELOPMENT 

187 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM .............................. 14,465 14,465 

188 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ..................................... 7,472 7,472 

189 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.8,425 8,425 

190 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM ................ 1,507 11,507 

Program increase ................................................................................... [10,000] 

191 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ....................... 9,265 19,265 

Program increase ................................................................................... [10,000] 

192 0607139A IMPROVED TURBINE ENGINE PROGRAM ................................... 201,247 201,247 

193 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND 

DEVELOPMENT.

3,014 3,014 

194 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS ..... 25,393 25,393 

195 0607145A APACHE FUTURE DEVELOPMENT ............................................... 10,547 20,547 

Apache future development program increase ....................................... [10,000] 

196 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR 

SYSTEM.

54,167 54,167 

197 0607150A INTEL CYBER DEVELOPMENT ..................................................... 4,345 4,345 

198 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT ..................... 19,000 19,000 

199 0607313A ELECTRONIC WARFARE DEVELOPMENT .................................. 6,389 6,389 

200 0607315A ENDURING TURBINE ENGINES AND POWER SYSTEMS ........ 2,411 2,411 

201 0607665A FAMILY OF BIOMETRICS ................................................................ 797 797 

202 0607865A PATRIOT PRODUCT IMPROVEMENT ............................................ 177,197 177,197 

203 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION 

SYSTEM (JADOCS).

42,177 42,177 

204 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ....................... 146,635 146,635 

205 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS ........ 122,902 122,902 

207 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 146 146 

208 0203758A DIGITIZATION .................................................................................... 1,515 1,515 

209 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM.4,520 4,520 
1496 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

210 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS ........ 10,044 10,044 

211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL 

SYSTEM DEV.

281 281 

212 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ..... 75,952 75,952 

213 0208053A JOINT TACTICAL GROUND SYSTEM ............................................ 203 203 

216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ............................ 301 301 

217 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ........................ 15,323 15,323 

218 0303141A GLOBAL COMBAT SUPPORT SYSTEM .......................................... 13,082 13,082 

219 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ............................... 26,838 26,838 

222 0305179A INTEGRATED BROADCAST SERVICE (IBS) ................................ 9,456 9,456 

225 0305219A MQ–1C GRAY EAGLE UAS ................................................................ 6,629 6,629 

227 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES .......... 75,317 75,317 

9999 9999999999 CLASSIFIED PROGRAMS .................................................................. 8,786 8,786 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,105,748 1,135,748 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

228 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT.83,570 83,570 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

83,570 83,570 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY.

15,775,381 15,919,881 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

1 0601103N UNIVERSITY RESEARCH INITIATIVES ........................................ 96,355 96,355 

2 0601153N DEFENSE RESEARCH SCIENCES .................................................. 540,908 540,908 

SUBTOTAL BASIC RESEARCH ................................................ 637,263 637,263 

APPLIED RESEARCH 

3 0602114N POWER PROJECTION APPLIED RESEARCH .............................. 23,982 23,982 

4 0602123N FORCE PROTECTION APPLIED RESEARCH ............................... 142,148 142,148 

5 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY .................... 59,208 59,208 

6 0602235N COMMON PICTURE APPLIED RESEARCH ................................... 52,090 52,090 

7 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ............... 74,722 82,722 

Research on foreign malign influence operations .................................. [8,000] 

8 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ............. 92,473 92,473 

9 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH.80,806 87,806 

Intelligent Autonomous Systems for Seabed Warfare ........................... [7,000] 

10 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ............ 7,419 7,419 

11 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............................. 61,503 61,503 

12 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ........... 182,662 182,662 

13 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH.30,435 30,435 

14 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH.133,828 133,828 

15 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD 

ACITIVITIES.

85,063 85,063 

SUBTOTAL APPLIED RESEARCH .......................................... 1,026,339 1,041,339 

ADVANCED TECHNOLOGY DEVELOPMENT 

16 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ..................... 29,512 29,512 

17 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ... 8,418 8,418 

18 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS.112,329 112,329 

19 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) .. 308,217 323,217 

Adaptive Future Force .......................................................................... [5,000] 

Hardware In the Loop capabilities ........................................................ [5,000] 

Next generation unmanned aerial system distribution platform ........... [5,000] 

20 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.15,556 15,556 

21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY 

DEVELOPMENT.

264,700 264,700 

22 0603680N MANUFACTURING TECHNOLOGY PROGRAM ............................. 61,843 61,843 

23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ........ 5,100 9,100 

Balloon catheter hemorrhage control device .......................................... [4,000] 

24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.75,898 75,898 

25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.2,048 2,048 

26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.132,931 132,931 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.1,016,552 1,035,552 
1497 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

27 0603128N UNMANNED AERIAL SYSTEM ........................................................ 108,225 108,225 

28 0603178N LARGE UNMANNED SURFACE VEHICLES (LUSV) ................... 117,400 117,400 

29 0603207N AIR/OCEAN TACTICAL APPLICATIONS ........................................ 40,653 40,653 

30 0603216N AVIATION SURVIVABILITY ............................................................. 20,874 20,874 

31 0603239N NAVAL CONSTRUCTION FORCES .................................................. 7,821 7,821 

32 0603254N ASW SYSTEMS DEVELOPMENT ..................................................... 17,090 17,090 

33 0603261N TACTICAL AIRBORNE RECONNAISSANCE .................................. 3,721 3,721 

34 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ......................... 6,216 6,216 

35 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.34,690 34,690 

36 0603506N SURFACE SHIP TORPEDO DEFENSE ........................................... 730 730 

37 0603512N CARRIER SYSTEMS DEVELOPMENT ............................................ 6,095 6,095 

38 0603525N PILOT FISH ......................................................................................... 916,208 916,208 

39 0603527N RETRACT LARCH .............................................................................. 7,545 7,545 

40 0603536N RETRACT JUNIPER ........................................................................... 271,109 271,109 

41 0603542N RADIOLOGICAL CONTROL .............................................................. 811 811 

42 0603553N SURFACE ASW .................................................................................... 1,189 1,189 

43 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ................. 88,415 88,415 

44 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ............................ 15,119 15,119 

45 0603563N SHIP CONCEPT ADVANCED DESIGN ........................................... 89,939 89,939 

46 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ......... 121,402 121,402 

47 0603570N ADVANCED NUCLEAR POWER SYSTEMS .................................... 319,656 319,656 

48 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ........................... 133,911 133,911 

49 0603576N CHALK EAGLE ................................................................................... 116,078 116,078 

50 0603581N LITTORAL COMBAT SHIP (LCS) .................................................... 32,615 32,615 

51 0603582N COMBAT SYSTEM INTEGRATION .................................................. 18,610 18,610 

52 0603595N OHIO REPLACEMENT ....................................................................... 257,076 262,076 

Advanced composites for wet submarine applications ........................... [5,000] 

53 0603596N LCS MISSION MODULES .................................................................. 31,464 31,464 

54 0603597N AUTOMATED TEST AND RE-TEST (ATRT) ................................. 10,809 10,809 

55 0603599N FRIGATE DEVELOPMENT ............................................................... 112,972 112,972 

56 0603609N CONVENTIONAL MUNITIONS ......................................................... 9,030 9,030 

57 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ........... 128,782 128,782 

58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .... 44,766 44,766 

59 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT .......... 10,751 10,751 

60 0603721N ENVIRONMENTAL PROTECTION .................................................. 24,457 24,457 

61 0603724N NAVY ENERGY PROGRAM ............................................................... 72,214 72,214 

62 0603725N FACILITIES IMPROVEMENT ........................................................... 10,149 10,149 

63 0603734N CHALK CORAL .................................................................................... 687,841 687,841 

64 0603739N NAVY LOGISTIC PRODUCTIVITY ................................................... 4,712 4,712 

65 0603746N RETRACT MAPLE .............................................................................. 420,455 420,455 

66 0603748N LINK PLUMERIA ................................................................................ 2,100,474 2,100,474 

67 0603751N RETRACT ELM ................................................................................... 88,036 88,036 

68 0603764M LINK EVERGREEN ............................................................................ 547,005 547,005 

69 0603790N NATO RESEARCH AND DEVELOPMENT ..................................... 6,265 6,265 

70 0603795N LAND ATTACK TECHNOLOGY ....................................................... 1,624 1,624 

71 0603851M JOINT NON-LETHAL WEAPONS TESTING .................................. 31,058 31,058 

72 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS— 

DEM/VAL.

22,590 22,590 

73 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ...... 52,129 52,129 

74 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) ...................... 32,127 32,127 

75 0604027N DIGITAL WARFARE OFFICE ........................................................... 181,001 181,001 

76 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES ... 110,506 110,506 

77 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES ... 71,156 71,156 

78 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION..214,100 214,100 

79 0604031N LARGE UNMANNED UNDERSEA VEHICLES .............................. 6,900 6,900 

80 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER 

(CVN 78—80).

118,182 118,182 

82 0604127N SURFACE MINE COUNTERMEASURES ........................................ 16,127 16,127 

83 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).34,684 34,684 

84 0604289M NEXT GENERATION LOGISTICS .................................................... 5,991 5,991 

85 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) ........................ 2,100 2,100 

86 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE ...................... 131,763 131,763 

87 0604454N LX (R) ................................................................................................... 21,319 21,319 

88 0604536N ADVANCED UNDERSEA PROTOTYPING ...................................... 104,328 104,328 

89 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) ............. 11,567 11,567 

90 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ... 5,976 195,976 

Nuclear-armed sea-launched cruise missile ........................................... [190,000] 

91 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.9,993 9,993 

92 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.237,655 237,655 

93 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) ............ 85,800 85,800 

94 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 176,261 176,261 
1498 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

95 0605514M GROUND BASED ANTI-SHIP MISSILE .......................................... 36,383 36,383 

96 0605516M LONG RANGE FIRES ......................................................................... 36,763 36,763 

97 0605518N CONVENTIONAL PROMPT STRIKE (CPS) .................................... 901,064 901,064 

98 0303354N ASW SYSTEMS DEVELOPMENT—MIP .......................................... 10,167 10,167 

99 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM ........ 539 539 

100 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ....................... 1,250 1,250 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.9,734,483 9,929,483 

SYSTEM DEVELOPMENT & DEMONSTRATION 

101 0603208N TRAINING SYSTEM AIRCRAFT ...................................................... 44,120 44,120 

102 0604038N MARITIME TARGETING CELL ........................................................ 30,922 30,922 

103 0604212M OTHER HELO DEVELOPMENT ...................................................... 101,209 101,209 

104 0604212N OTHER HELO DEVELOPMENT ...................................................... 2,604 2,604 

105 0604214M AV–8B AIRCRAFT—ENG DEV ......................................................... 8,263 8,263 

106 0604215N STANDARDS DEVELOPMENT ......................................................... 4,039 4,039 

107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ... 62,350 62,350 

108 0604221N P–3 MODERNIZATION PROGRAM .................................................. 771 771 

109 0604230N WARFARE SUPPORT SYSTEM ........................................................ 109,485 109,485 

110 0604231N COMMAND AND CONTROL SYSTEMS ........................................... 87,457 87,457 

111 0604234N ADVANCED HAWKEYE ..................................................................... 399,919 399,919 

112 0604245M H–1 UPGRADES .................................................................................. 29,766 29,766 

113 0604261N ACOUSTIC SEARCH SENSORS ........................................................ 51,531 51,531 

114 0604262N V–22A .................................................................................................... 137,597 137,597 

115 0604264N AIR CREW SYSTEMS DEVELOPMENT .......................................... 42,155 42,155 

116 0604269N EA–18 .................................................................................................... 172,507 172,507 

117 0604270N ELECTRONIC WARFARE DEVELOPMENT .................................. 171,384 171,384 

118 0604273M EXECUTIVE HELO DEVELOPMENT ............................................. 35,376 35,376 

119 0604274N NEXT GENERATION JAMMER (NGJ) ............................................ 40,477 40,477 

120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ......... 451,397 451,397 

121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II ............... 250,577 250,577 

122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING .... 453,311 453,311 

124 0604329N SMALL DIAMETER BOMB (SDB) .................................................... 52,211 52,211 

125 0604366N STANDARD MISSILE IMPROVEMENTS ........................................ 418,187 418,187 

126 0604373N AIRBORNE MCM ................................................................................. 11,368 11,368 

127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING.66,445 66,445 

128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) ......... 0 13,000 

Program increase ................................................................................... [13,000] 

129 0604501N ADVANCED ABOVE WATER SENSORS ......................................... 115,396 115,396 

130 0604503N SSN–688 AND TRIDENT MODERNIZATION ................................. 93,435 93,435 

131 0604504N AIR CONTROL ..................................................................................... 42,656 42,656 

132 0604512N SHIPBOARD AVIATION SYSTEMS ................................................. 10,442 10,442 

133 0604518N COMBAT INFORMATION CENTER CONVERSION ...................... 11,359 11,359 

134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM ........... 90,307 90,307 

135 0604530N ADVANCED ARRESTING GEAR (AAG) .......................................... 10,658 10,658 

136 0604558N NEW DESIGN SSN ............................................................................. 234,356 234,356 

137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM .............................. 71,516 71,516 

138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ................................ 22,462 22,462 

139 0604574N NAVY TACTICAL COMPUTER RESOURCES ................................. 4,279 4,279 

140 0604601N MINE DEVELOPMENT ...................................................................... 104,731 104,731 

141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ................................ 229,668 229,668 

142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .... 9,064 9,064 

143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS— 

ENG DEV.

62,329 62,329 

144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS.9,319 9,319 

145 0604727N JOINT STANDOFF WEAPON SYSTEMS ........................................ 1,964 1,964 

146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ........................... 158,426 158,426 

147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) .......................... 47,492 47,492 

148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) .................... 125,206 125,206 

149 0604761N INTELLIGENCE ENGINEERING .................................................... 19,969 19,969 

150 0604771N MEDICAL DEVELOPMENT .............................................................. 6,061 6,061 

151 0604777N NAVIGATION/ID SYSTEM ................................................................. 45,262 45,262 

154 0604850N SSN(X) .................................................................................................. 361,582 361,582 

155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ........................ 22,663 22,663 

156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ........................ 282,138 282,138 

157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ..................................... 8,340 8,340 

158 0605180N TACAMO MODERNIZATION ............................................................. 213,743 213,743 

159 0605212M CH–53K RDTE ..................................................................................... 222,288 222,288 

160 0605215N MISSION PLANNING ......................................................................... 86,448 86,448 

161 0605217N COMMON AVIONICS .......................................................................... 81,076 81,076 

162 0605220N SHIP TO SHORE CONNECTOR (SSC) ............................................ 1,343 1,343 

163 0605327N T-AO 205 CLASS .................................................................................. 71 71 

164 0605414N UNMANNED CARRIER AVIATION (UCA) ...................................... 220,404 220,404 

165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) ................................... 384 384 

166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) .......................... 36,027 36,027 

167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III ................ 132,449 132,449 
1499 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION.103,236 103,236 

169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION.2,609 2,609 

170 0204202N DDG–1000 ............................................................................................. 231,778 231,778 

171 0301377N COUNTERING ADVANCED CONVENTIONAL WEAPONS 

(CACW).

17,531 17,531 

172 0304785N ISR & INFO OPERATIONS ................................................................ 174,271 174,271 

173 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ............. 2,068 2,068 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,962,234 6,975,234 

MANAGEMENT SUPPORT 

174 0604256N THREAT SIMULATOR DEVELOPMENT ........................................ 22,918 22,918 

175 0604258N TARGET SYSTEMS DEVELOPMENT ............................................. 18,623 18,623 

176 0604759N MAJOR T&E INVESTMENT .............................................................. 74,221 74,221 

177 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ............................... 3,229 3,229 

178 0605154N CENTER FOR NAVAL ANALYSES .................................................. 45,672 45,672 

180 0605804N TECHNICAL INFORMATION SERVICES ....................................... 1,000 1,000 

181 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT .. 124,328 124,328 

182 0605856N STRATEGIC TECHNICAL SUPPORT .............................................. 4,053 4,053 

183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ...................................... 203,447 203,447 

184 0605864N TEST AND EVALUATION SUPPORT .............................................. 481,975 484,975 

Atlantic Undersea Test and Evaluation Center improvements ............. [3,000] 

185 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ........... 29,399 29,399 

186 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 27,504 27,504 

187 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ................ 9,183 9,183 

188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ............................... 34,976 34,976 

189 0605898N MANAGEMENT HQ—R&D ................................................................ 41,331 41,331 

190 0606355N WARFARE INNOVATION MANAGEMENT ..................................... 37,340 37,340 

191 0305327N INSIDER THREAT ............................................................................. 2,246 2,246 

192 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES).2,168 2,168 

SUBTOTAL MANAGEMENT SUPPORT ................................. 1,163,613 1,166,613 

OPERATIONAL SYSTEMS DEVELOPMENT 

196 0604840M F–35 C2D2 ............................................................................................ 544,625 544,625 

197 0604840N F–35 C2D2 ............................................................................................ 543,834 543,834 

198 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS ............... 99,860 99,860 

199 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ................... 153,440 153,440 

200 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT .................... 321,648 331,648 

Fleet Ballistic Missile Strategic Weapon System .................................. [10,000] 

201 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ................................ 62,694 62,694 

202 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ................ 92,869 92,869 

203 0101402N NAVY STRATEGIC COMMUNICATIONS ......................................... 51,919 51,919 

204 0204136N F/A–18 SQUADRONS .......................................................................... 333,783 333,783 

205 0204228N SURFACE SUPPORT .......................................................................... 8,619 8,619 

206 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER 

(TMPC).

122,834 122,834 

207 0204311N INTEGRATED SURVEILLANCE SYSTEM ..................................... 76,279 76,279 

208 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS ...................... 1,103 1,103 

209 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT 

CRAFT).

1,991 1,991 

210 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ..................... 92,674 92,674 

211 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT .......... 115,894 115,894 

212 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ............. 61,677 61,677 

213 0205601N ANTI-RADIATION MISSILE IMPROVEMENT ............................... 59,555 59,555 

214 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ..................... 29,973 29,973 

215 0205632N MK–48 ADCAP ..................................................................................... 213,165 213,165 

216 0205633N AVIATION IMPROVEMENTS ............................................................ 143,277 143,277 

217 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ............................. 152,546 152,546 

218 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .......................... 192,625 192,625 

219 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM 

(CAC2S).

12,565 12,565 

220 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS.83,900 83,900 

221 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ......................... 27,794 27,794 

222 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS 

(MIP).

47,762 47,762 

223 0206629M AMPHIBIOUS ASSAULT VEHICLE ................................................. 373 373 

224 0207161N TACTICAL AIM MISSILES ................................................................ 36,439 36,439 

225 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

29,198 29,198 

226 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) ...................... 3,565 3,565 

230 0303138N AFLOAT NETWORKS ........................................................................ 49,995 49,995 

231 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ........................ 33,390 33,390 

232 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ....... 7,304 7,304 

233 0305204N TACTICAL UNMANNED AERIAL VEHICLES ............................... 11,235 11,235 
1500 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

234 0305205N UAS INTEGRATION AND INTEROPERABILITY .......................... 16,409 16,409 

235 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .......... 51,192 51,192 

236 0305220N MQ–4C TRITON ................................................................................... 12,094 12,094 

237 0305231N MQ–8 UAV ............................................................................................ 29,700 29,700 

238 0305232M RQ–11 UAV ........................................................................................... 2,107 2,107 

239 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ........................... 2,999 2,999 

240 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT .................... 49,460 49,460 

241 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) ......... 13,005 13,005 

242 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 2,000 2,000 

243 0305421N RQ–4 MODERNIZATION .................................................................... 300,378 300,378 

244 0307577N INTELLIGENCE MISSION DATA (IMD) ......................................... 788 788 

245 0308601N MODELING AND SIMULATION SUPPORT ................................... 10,994 10,994 

246 0702207N DEPOT MAINTENANCE (NON-IF) .................................................. 23,248 23,248 

247 0708730N MARITIME TECHNOLOGY (MARITECH) ....................................... 3,284 3,284 

9999 9999999999 CLASSIFIED PROGRAMS .................................................................. 2,021,376 2,021,376 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,359,438 6,369,438 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

249 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT 

PROGRAM.

11,748 11,748 

250 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)— 

SOFTWARE PILOT PROGRAM.

10,555 10,555 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

22,303 22,303 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY.

26,922,225 27,177,225 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

1 0601102F DEFENSE RESEARCH SCIENCES .................................................. 401,486 401,486 

2 0601103F UNIVERSITY RESEARCH INITIATIVES ........................................ 182,372 182,372 

SUBTOTAL BASIC RESEARCH ................................................ 583,858 583,858 

APPLIED RESEARCH 

3 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH ................... 90,713 90,713 

4 0602022F UNIVERSITY AFFILIATED RESEARCH CENTER (UARC)— 

TACTICAL AUTONOMY.

8,018 8,018 

5 0602102F MATERIALS ......................................................................................... 142,325 151,325 

Advanced materials science for manufacturing research ....................... [9,000] 

6 0602201F AEROSPACE VEHICLE TECHNOLOGIES ..................................... 161,268 161,268 

7 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ...................... 146,921 146,921 

8 0602203F AEROSPACE PROPULSION .............................................................. 184,867 184,867 

9 0602204F AEROSPACE SENSORS ..................................................................... 216,269 216,269 

11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR 

HEADQUARTERS ACTIVITIES.

10,303 10,303 

12 0602602F CONVENTIONAL MUNITIONS ......................................................... 160,599 160,599 

13 0602605F DIRECTED ENERGY TECHNOLOGY ............................................. 129,961 118,452 

DAF requested realignment of funds to 6601SF .................................. [–11,509] 

14 0602788F DOMINANT INFORMATION SCIENCES AND METHODS .......... 182,076 220,076 

Distributed quantum information sciences networking testbed ............ [5,000] 

Future Flag experimentation testbed .................................................... [15,000] 

Ion trapped quantum information sciences computer ........................... [8,000] 

Multi-domain radio frequency spectrum testing environment ............... [5,000] 

Secure interference-avoiding connectivity of autonomous artificially intelligent machines.[5,000] 

SUBTOTAL APPLIED RESEARCH .......................................... 1,433,320 1,468,811 

ADVANCED TECHNOLOGY DEVELOPMENT 

15 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS .................. 255,855 213,655 

Program reduction ................................................................................. [–42,200] 

16 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS .................... 30,372 30,372 

17 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ................ 10,478 10,478 

18 0603203F ADVANCED AEROSPACE SENSORS ............................................... 48,046 48,046 

19 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...................................... 51,896 61,896 

Semiautonomous adversary air platform ............................................... [10,000] 

20 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ......... 56,789 56,789 

21 0603270F ELECTRONIC COMBAT TECHNOLOGY ........................................ 32,510 32,510 

22 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS.70,321 70,321 

23 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ......................... 2 2 

24 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.15,593 15,593 

25 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ................................ 132,311 132,311 

26 0603605F ADVANCED WEAPONS TECHNOLOGY ......................................... 102,997 102,997 

27 0603680F MANUFACTURING TECHNOLOGY PROGRAM ............................. 44,422 49,422 

Additive manufacturing for aerospace parts .......................................... [5,000] 
1501 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

28 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION.37,779 37,779 

29 0207412F CONTROL AND REPORTING CENTER (CRC) .............................. 2,005 2,005 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.891,376 864,176 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

30 0603036F MODULAR ADVANCED MISSILE .................................................... 105,238 105,238 

31 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ............................ 6,237 6,237 

32 0603742F COMBAT IDENTIFICATION TECHNOLOGY ................................. 21,298 21,298 

33 0603790F NATO RESEARCH AND DEVELOPMENT ..................................... 2,208 2,208 

34 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL .......... 45,319 75,319 

Enhanced ICBM guidance capability and testing ................................. [30,000] 

35 0604001F NC3 ADVANCED CONCEPTS ........................................................... 10,011 10,011 

37 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) ............ 500,575 500,575 

38 0604004F ADVANCED ENGINE DEVELOPMENT .......................................... 595,352 595,352 

39 0604005F NC3 COMMERCIAL DEVELOPMENT & PROTOTYPING ............. 78,799 78,799 

40 0604006F DEPT OF THE AIR FORCE TECH ARCHITECTURE .................. 2,620 0 

DAF requested realignment of funds to 64858F .................................. [–2,620] 

41 0604007F E–7 ......................................................................................................... 681,039 681,039 

42 0604009F AFWERX PRIME ................................................................................. 83,336 83,336 

43 0604015F LONG RANGE STRIKE—BOMBER ................................................. 2,984,143 2,984,143 

44 0604025F RAPID DEFENSE EXPERIMENTATION RESERVE (RDER) ..... 154,300 154,300 

45 0604032F DIRECTED ENERGY PROTOTYPING ............................................ 1,246 1,246 

46 0604033F HYPERSONICS PROTOTYPING ....................................................... 150,340 0 

Air-Launched Rapid Response Weapon reduction ................................ [–150,340] 

47 0604183F HYPERSONICS PROTOTYPING—HYPERSONIC ATTACK 

CRUISE MISSILE (HACM).

381,528 381,528 

48 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS ...................... 18,041 18,041 

49 0604257F ADVANCED TECHNOLOGY AND SENSORS ................................. 27,650 27,650 

50 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER (SAOC) ....... 888,829 888,829 

51 0604317F TECHNOLOGY TRANSFER .............................................................. 26,638 26,638 

52 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM 

(HDBTDS) PROGRAM.

19,266 19,266 

53 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS ..................... 37,121 37,121 

55 0604668F JOINT TRANSPORTATION MANAGEMENT SYSTEM (JTMS) ... 37,026 37,026 

56 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ............... 31,833 31,833 

57 0604858F TECH TRANSITION PROGRAM ....................................................... 210,806 235,476 

DAF requested realignment of funds from OMAF SAG 11R .............. [17,550] 

DAF requested realignment of funds from OMAF SAG 11Z ............... [4,500] 

DAF requested realignment of funds from RDAF 64006F ................. [2,620] 

58 0604860F OPERATIONAL ENERGY AND INSTALLATION RESILIENCE 46,305 46,305 

59 0605164F AIR REFUELING CAPABILITY MODERNIZATION ..................... 19,400 19,400 

61 0207110F NEXT GENERATION AIR DOMINANCE ........................................ 2,326,128 2,326,128 

62 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS ......................... 118,826 101,013 

DAF requested realignment of funds .................................................... [–17,813] 

63 0207420F COMBAT IDENTIFICATION ............................................................. 1,902 1,902 

64 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) ........ 19,763 19,763 

65 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) .............................. 78,867 78,867 

66 0208030F WAR RESERVE MATERIEL—AMMUNITION ................................ 8,175 8,175 

68 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) .............. 25,157 25,157 

69 0305601F MISSION PARTNER ENVIRONMENTS .......................................... 17,727 17,727 

72 0708051F RAPID SUSTAINMENT MODERNIZATION (RSM) ....................... 43,431 43,431 

73 0808737F INTEGRATED PRIMARY PREVENTION ........................................ 9,364 9,364 

74 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM ......... 28,294 28,294 

75 1206415F U.S. SPACE COMMAND RESEARCH AND DEVELOPMENT 

SUPPORT.

14,892 14,892 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.9,859,030 9,742,927 

SYSTEM DEVELOPMENT & DEMONSTRATION 

76 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS ........ 9,757 9,757 

77 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS ...................... 163,156 163,156 

78 0604222F NUCLEAR WEAPONS SUPPORT ..................................................... 45,884 45,884 

79 0604270F ELECTRONIC WARFARE DEVELOPMENT .................................. 13,804 13,804 

80 0604281F TACTICAL DATA NETWORKS ENTERPRISE ............................... 74,023 79,023 

DAF requested realignment of funds .................................................... [5,000] 

81 0604287F PHYSICAL SECURITY EQUIPMENT .............................................. 10,605 10,605 

82 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ................................... 5,918 5,918 

83 0604604F SUBMUNITIONS ................................................................................. 3,345 3,345 

84 0604617F AGILE COMBAT SUPPORT .............................................................. 21,967 21,967 

85 0604706F LIFE SUPPORT SYSTEMS ................................................................ 39,301 39,301 

86 0604735F COMBAT TRAINING RANGES .......................................................... 152,569 152,569 

87 0604932F LONG RANGE STANDOFF WEAPON ............................................. 911,406 891,406 

DAF realignment of funds ..................................................................... [–20,000] 

88 0604933F ICBM FUZE MODERNIZATION ....................................................... 71,732 71,732 

89 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) ........................... 2,256 2,256 
1502 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

90 0605031F JOINT TACTICAL NETWORK (JTN) .............................................. 452 452 

91 0605056F OPEN ARCHITECTURE MANAGEMENT ....................................... 36,582 36,582 

92 0605057F NEXT GENERATION AIR-REFUELING SYSTEM ........................ 7,928 7,928 

93 0605223F ADVANCED PILOT TRAINING ........................................................ 77,252 77,252 

94 0605229F HH–60W ................................................................................................ 48,268 48,268

95 0605238F GROUND BASED STRATEGIC DETERRENT EMD ..................... 3,746,935 3,739,285 

DAF requested realignment of funds .................................................... [–7,650] 

96 0207171F F–15 EPAWSS ...................................................................................... 13,982 13,982 

97 0207279F ISOLATED PERSONNEL SURVIVABILITY AND RECOVERY ... 56,225 56,225 

98 0207328F STAND IN ATTACK WEAPON .......................................................... 298,585 298,585 

99 0207701F FULL COMBAT MISSION TRAINING ............................................. 7,597 7,597 

100 0208036F MEDICAL C-CBRNE PROGRAMS .................................................... 2,006 2,006 

102 0305205F ENDURANCE UNMANNED AERIAL VEHICLES .......................... 30,000 30,000 

103 0401221F KC–46A TANKER SQUADRONS ....................................................... 124,662 124,662 

104 0401319F VC–25B .................................................................................................. 490,701 470,701 

5G interference mitigation for critical aircraft navigation and sensor 

systems on the Presidential Aircraft Fleet.

[30,000] 

Program reduction ................................................................................. [–50,000] 

105 0701212F AUTOMATED TEST SYSTEMS ........................................................ 12,911 12,911 

106 0804772F TRAINING DEVELOPMENTS ........................................................... 1,922 1,922 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,481,731 6,439,081 

MANAGEMENT SUPPORT 

107 0604256F THREAT SIMULATOR DEVELOPMENT ........................................ 16,626 16,626 

108 0604759F MAJOR T&E INVESTMENT .............................................................. 31,143 31,143 

109 0605101F RAND PROJECT AIR FORCE ........................................................... 38,398 38,398 

110 0605502F SMALL BUSINESS INNOVATION RESEARCH ............................. 1,466 1,466 

111 0605712F INITIAL OPERATIONAL TEST & EVALUATION .......................... 13,736 13,736 

112 0605807F TEST AND EVALUATION SUPPORT .............................................. 913,213 946,026 

DAF requested realignment of funds .................................................... [32,813] 

113 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS ...................... 317,901 317,901 

114 0605828F ACQ WORKFORCE- GLOBAL REACH ............................................. 541,677 541,677 

115 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS .................. 551,213 536,513 

DAF requested realignment of funds .................................................... [–14,700] 

117 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION ....................... 243,780 273,780 

DAF requested realignment of funds .................................................... [30,000] 

118 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY ............. 109,030 77,030 

DAF requested realignment of funds .................................................... [–32,000] 

119 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS ..................................... 336,788 336,788 

120 0605898F MANAGEMENT HQ—R&D ................................................................ 5,005 6,705 

DAF requested realignment of funds .................................................... [1,700] 

121 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST 

AND EVALUATION SUPPORT.

87,889 87,889 

122 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.35,065 35,065 

123 0606017F REQUIREMENTS ANALYSIS AND MATURATION ....................... 89,956 89,956 

124 0606398F MANAGEMENT HQ—T&E ................................................................. 7,453 7,453 

126 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS 

(C4)—STRATCOM.

20,871 40,871 

NC3 network sensor demonstration ....................................................... [10,000] 

NC3 Rapid Engineering Architecture Collaboration Hub (REACH) ... [10,000] 

127 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ............................. 100,357 100,357 

128 0702806F ACQUISITION AND MANAGEMENT SUPPORT ............................ 20,478 20,478 

129 0804731F GENERAL SKILL TRAINING ........................................................... 796 6,796 

Security Work Readiness for Duty ........................................................ [6,000] 

132 1001004F INTERNATIONAL ACTIVITIES ....................................................... 3,917 3,917 

SUBTOTAL MANAGEMENT SUPPORT ................................. 3,486,758 3,530,571 

OPERATIONAL SYSTEMS DEVELOPMENT 

134 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ............ 41,464 41,464 

135 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT .......... 40,000 40,000 

136 0604445F WIDE AREA SURVEILLANCE .......................................................... 8,018 8,018 

137 0604617F AGILE COMBAT SUPPORT .............................................................. 5,645 5,645 

139 0604840F F–35 C2D2 ............................................................................................ 1,275,268 1,270,268 

DAF requested realignment of funds .................................................... [–5,000] 

140 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 40,203 40,203 

141 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ............... 49,613 49,613 

142 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ..... 93,881 93,881 

143 0605278F HC/MC–130 RECAP RDT&E .............................................................. 36,536 36,536 

144 0606018F NC3 INTEGRATION ........................................................................... 22,910 22,910 

145 0101113F B–52 SQUADRONS ............................................................................. 950,815 964,832 

DAF requested realignment of funds .................................................... [14,017] 

146 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) .................................. 290 290 

147 0101126F B–1B SQUADRONS ............................................................................. 12,619 12,619 

148 0101127F B–2 SQUADRONS ............................................................................... 87,623 87,623 

149 0101213F MINUTEMAN SQUADRONS .............................................................. 33,237 33,237 

150 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS ............. 24,653 24,653 
1503 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

151 0101318F SERVICE SUPPORT TO STRATCOM—GLOBAL STRIKE ........... 7,562 7,562 

153 0101328F ICBM REENTRY VEHICLES ............................................................ 475,415 475,415 

155 0102110F MH–139A .............................................................................................. 25,737 25,737

156 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.831 831 

157 0102412F NORTH WARNING SYSTEM (NWS) ................................................ 102 102 

158 0102417F OVER-THE-HORIZON BACKSCATTER RADAR ............................ 428,754 428,754 

159 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL ............... 15,498 19,498 

DAF requested realignment of funds .................................................... [4,000] 

160 0205219F MQ–9 UAV ............................................................................................ 81,123 81,123 

161 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE ................... 2,303 2,303 

162 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT .... 7,312 7,312 

164 0207133F F–16 SQUADRONS .............................................................................. 98,633 98,633 

165 0207134F F–15E SQUADRONS ........................................................................... 50,965 50,965 

166 0207136F MANNED DESTRUCTIVE SUPPRESSION ..................................... 16,543 16,543 

167 0207138F F–22A SQUADRONS ........................................................................... 725,889 725,889 

168 0207142F F–35 SQUADRONS .............................................................................. 97,231 97,231 

169 0207146F F–15EX ................................................................................................. 100,006 100,006 

170 0207161F TACTICAL AIM MISSILES ................................................................ 41,958 41,958 

171 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

53,679 53,679 

172 0207227F COMBAT RESCUE—PARARESCUE ................................................ 726 726 

173 0207238F E–11A .................................................................................................... 64,888 64,888 

174 0207247F AF TENCAP ......................................................................................... 25,749 25,749 

175 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ....................... 11,872 11,872 

176 0207253F COMPASS CALL .................................................................................. 66,932 66,932 

177 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 55,223 55,223 

178 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) .......... 132,937 132,937 

179 0207327F SMALL DIAMETER BOMB (SDB) .................................................... 37,518 37,518 

180 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ................................ 72,059 72,059 

181 0207412F CONTROL AND REPORTING CENTER (CRC) .............................. 17,498 17,498 

183 0207418F AFSPECWAR—TACP .......................................................................... 2,106 2,106 

185 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ................ 72,010 72,010 

186 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ........................... 6,467 6,467 

187 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING 

(EWIR).

10,388 10,388 

188 0207444F TACTICAL AIR CONTROL PARTY-MOD ........................................ 10,060 10,060 

189 0207452F DCAPES ................................................................................................ 8,233 8,233 

190 0207521F AIR FORCE CALIBRATION PROGRAMS ........................................ 2,172 2,172 

192 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS ........................ 2,049 2,049 

193 0207590F SEEK EAGLE ...................................................................................... 33,478 33,478 

195 0207605F WARGAMING AND SIMULATION CENTERS ................................ 11,894 11,894 

197 0207697F DISTRIBUTED TRAINING AND EXERCISES ............................... 3,811 3,811 

198 0208006F MISSION PLANNING SYSTEMS ...................................................... 96,272 96,272 

199 0208007F TACTICAL DECEPTION .................................................................... 26,533 26,533 

201 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS ....................... 50,122 50,122 

202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ............................. 113,064 113,064 

208 0208288F INTEL DATA APPLICATIONS ......................................................... 967 967 

209 0301025F GEOBASE ............................................................................................. 1,514 1,514 

211 0301113F CYBER SECURITY INTELLIGENCE SUPPORT ........................... 8,476 8,476 

218 0301401F AF MULTI-DOMAIN NON-TRADITIONAL ISR BATTLESPACE 

AWARENESS.

2,890 3,390 

Military Cyber Cooperation Activities with the Kingdom of Jordan ..... [500] 

219 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 39,868 39,868 

220 0303004F EIT CONNECT .................................................................................... 32,900 32,900 

221 0303089F CYBERSPACE OPERATIONS SYSTEMS ........................................ 4,881 4,881 

222 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS 

NETWORK (MEECN).

33,567 33,567 

223 0303133F HIGH FREQUENCY RADIO SYSTEMS ........................................... 40,000 40,000 

224 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ........................ 95,523 95,523 

226 0303248F ALL DOMAIN COMMON PLATFORM .............................................. 71,296 71,296 

227 0303260F JOINT MILITARY DECEPTION INITIATIVE ................................ 4,682 4,682 

228 0304100F STRATEGIC MISSION PLANNING & EXECUTION SYSTEM 

(SMPES).

64,944 64,944 

230 0304260F AIRBORNE SIGINT ENTERPRISE .................................................. 108,947 108,947 

231 0304310F COMMERCIAL ECONOMIC ANALYSIS ........................................... 4,635 4,635 

234 0305015F C2 AIR OPERATIONS SUITE—C2 INFO SERVICES .................... 13,751 13,751 

235 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY ............ 1,660 1,660 

236 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) ............. 18,680 18,680 

237 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ......................... 5,031 5,031 

238 0305103F CYBER SECURITY INITIATIVE ...................................................... 301 301 

239 0305111F WEATHER SERVICE ......................................................................... 26,329 35,329 

Weather service data migration ............................................................. [9,000] 

240 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS).8,751 8,751 

241 0305116F AERIAL TARGETS ............................................................................. 6,915 6,915 

244 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ........................... 352 352 

245 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ...... 6,930 6,930 
1504 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

246 0305179F INTEGRATED BROADCAST SERVICE (IBS) ................................ 21,588 21,588 

247 0305202F DRAGON U–2 ....................................................................................... 16,842 16,842 

248 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ................................... 43,158 43,158 

249 0305207F MANNED RECONNAISSANCE SYSTEMS ...................................... 14,330 14,330 

250 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .......... 88,854 88,854 

251 0305220F RQ–4 UAV ............................................................................................. 1,242 1,242 

252 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ............... 12,496 12,496 

253 0305238F NATO AGS ............................................................................................ 2 2 

254 0305240F SUPPORT TO DCGS ENTERPRISE ................................................. 31,589 31,589 

255 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES.15,322 15,322 

256 0305881F RAPID CYBER ACQUISITION .......................................................... 8,830 8,830 

257 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) ............... 2,764 2,764 

258 0307577F INTELLIGENCE MISSION DATA (IMD) ......................................... 7,090 7,090 

259 0401115F C–130 AIRLIFT SQUADRON ............................................................. 5,427 5,427 

260 0401119F C–5 AIRLIFT SQUADRONS (IF) ...................................................... 29,502 29,502 

261 0401130F C–17 AIRCRAFT (IF) .......................................................................... 2,753 2,753 

262 0401132F C–130J PROGRAM .............................................................................. 19,100 19,100 

263 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ............ 5,982 5,982 

264 0401218F KC–135S ................................................................................................ 51,105 51,105 

265 0401318F CV–22 .................................................................................................... 18,127 18,127 

266 0408011F SPECIAL TACTICS / COMBAT CONTROL ..................................... 9,198 9,198 

268 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .................. 17,520 17,520 

269 0801380F AF LVC OPERATIONAL TRAINING (LVC-OT) .............................. 25,144 25,144 

270 0804743F OTHER FLIGHT TRAINING ............................................................. 2,265 2,265 

272 0901202F JOINT PERSONNEL RECOVERY AGENCY ................................... 2,266 2,266 

273 0901218F CIVILIAN COMPENSATION PROGRAM ......................................... 4,006 4,006 

274 0901220F PERSONNEL ADMINISTRATION .................................................... 3,078 3,078 

275 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ......................... 5,309 5,309 

276 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.4,279 4,279 

277 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT SYS (DEAMS) .... 45,925 45,925 

278 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES ....................... 9,778 9,778 

9999 9999999999 CLASSIFIED PROGRAMS .................................................................. 16,814,245 16,814,245 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 23,829,283 23,851,800 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

AF.

46,565,356 46,481,224 

RESEARCH, DEVELOPMENT, TEST & EVAL, SF 

APPLIED RESEARCH 

4 1206601SF SPACE TECHNOLOGY ....................................................................... 206,196 350,663 

Advanced analog microelectronics .......................................................... [8,600] 

Advanced isotope power systems ........................................................... [5,000] 

DAF requested realignment of funds .................................................... [84,397] 

Ground-based interferometry ................................................................. [16,000] 

Lunar surface-based domain awareness ................................................ [5,000] 

Solar cruiser ........................................................................................... [10,000] 

Space modeling, simulation, and analysis hub ...................................... [15,470] 

SUBTOTAL APPLIED RESEARCH .......................................... 206,196 350,663 

ADVANCED TECHNOLOGY DEVELOPMENT 

5 1206310SF SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT.472,493 477,493 

Human performance optimization ......................................................... [5,000] 

6 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO .... 110,033 158,033 

DAF requested realignment of funds .................................................... [40,000] 

Modular multi-mode propulsion system ................................................. [8,000] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.582,526 635,526 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

7 0604002SF SPACE FORCE WEATHER SERVICES RESEARCH ..................... 849 849 

8 1203010SF SPACE FORCE IT, DATA ANALYTICS, DIGITAL SOLUTIONS 61,723 61,723 

9 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE).353,807 353,807 

10 1203622SF SPACE WARFIGHTING ANALYSIS ................................................. 95,541 95,541 

11 1203710SF EO/IR WEATHER SYSTEMS ............................................................. 95,615 112,115 

Weather satellite risk reduction ............................................................. [16,500] 

13 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 2,081,307 2,081,307 

16 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) .............. 145,948 105,948 

DAF requested realignment of funds to 6616SF .................................. [–40,000] 

17 1206438SF SPACE CONTROL TECHNOLOGY ................................................... 58,374 58,374 

18 1206458SF TECH TRANSITION (SPACE) ........................................................... 164,649 179,649 

Encouraging the establishment of the outernet ..................................... [15,000] 

19 1206730SF SPACE SECURITY AND DEFENSE PROGRAM ............................ 59,784 59,784 

20 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) ......... 76,554 76,554 
1505 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

21 1206761SF PROTECTED TACTICAL SERVICE (PTS) ...................................... 360,126 360,126 

22 1206855SF EVOLVED STRATEGIC SATCOM (ESS) ......................................... 632,833 632,833 

23 1206857SF SPACE RAPID CAPABILITIES OFFICE ......................................... 12,036 12,036 

24 1206862SF TACTICALLY RESPONSE SPACE ................................................... 30,000 30,000 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,229,146 4,220,646 

SYSTEM DEVELOPMENT & DEMONSTRATION 

25 1203269SF GPS III FOLLOW-ON (GPS IIIF) ...................................................... 308,999 308,999 

27 1206421SF COUNTERSPACE SYSTEMS ............................................................. 36,537 36,537 

28 1206422SF WEATHER SYSTEM FOLLOW-ON .................................................. 79,727 79,727 

29 1206425SF SPACE SITUATION AWARENESS SYSTEMS ................................ 372,827 372,827 

30 1206431SF ADVANCED EHF MILSATCOM (SPACE) ....................................... 4,068 4,068 

31 1206432SF POLAR MILSATCOM (SPACE) .......................................................... 73,757 73,757 

32 1206433SF WIDEBAND GLOBAL SATCOM (SPACE) ....................................... 49,445 49,445 

33 1206440SF NEXT-GEN OPIR—GROUND ............................................................ 661,367 661,367 

34 1206442SF NEXT GENERATION OPIR ............................................................... 222,178 222,178 

35 1206443SF NEXT-GEN OPIR—GEO .................................................................... 719,731 719,731 

36 1206444SF NEXT-GEN OPIR—POLAR ............................................................... 1,013,478 1,013,478 

37 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION ............ 73,501 73,501 

38 1206446SF RESILIENT MISSILE WARNING MISSILE TRACKING—LOW 

EARTH ORBIT (LEO).

1,266,437 1,519,222 

DAF requested realignment of funds .................................................... [252,785] 

39 1206447SF RESILIENT MISSILE WARNING MISSILE TRACKING—MEDIUM EARTH ORBIT (MEO).538,208 790,992 

DAF requested realignment of funds .................................................... [252,784] 

40 1206448SF RESILIENT MISSILE WARNING MISSILE TRACKING—INTEGRATED GROUND SEGMENT.505,569 0 

DAF requested realignment of funds to 6446SF .................................. [–252,785] 

DAF requested realignment of funds to 6447SF .................................. [–252,784] 

41 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)— 

EMD.

82,188 82,188 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,008,017 6,008,017 

MANAGEMENT SUPPORT 

43 1203622SF SPACE WARFIGHTING ANALYSIS ................................................. 3,568 3,568 

46 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS ..................... 258,969 276,500 

DAF requested realignment of funds .................................................... [17,531] 

47 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA ............................. 13,694 15,053 

DAF requested realignment of funds .................................................... [1,359] 

48 1206601SF SPACE TECHNOLOGY ....................................................................... 91,778 0 

DAF requested realignment of funds .................................................... [–91,778] 

49 1206759SF MAJOR T&E INVESTMENT—SPACE .............................................. 146,797 146,797 

50 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...................... 18,023 18,023 

52 1206864SF SPACE TEST PROGRAM (STP) ........................................................ 30,192 30,192 

SUBTOTAL MANAGEMENT SUPPORT ................................. 563,021 490,133 

OPERATIONAL SYSTEMS DEVELOPMENT 

55 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) ................ 91,369 91,369 

56 1203040SF DCO-SPACE ......................................................................................... 76,003 76,003 

57 1203109SF NARROWBAND SATELLITE COMMUNICATIONS ....................... 230,785 230,785 

58 1203110SF SATELLITE CONTROL NETWORK (SPACE) ................................ 86,465 86,465 

59 1203154SF LONG RANGE KILL CHAINS ........................................................... 243,036 243,036 

61 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER ....... 22,039 22,039 

62 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT.41,483 41,483 

63 1203182SF SPACELIFT RANGE SYSTEM (SPACE) .......................................... 11,175 11,175 

65 1203330SF SPACE SUPERIORITY ISR ............................................................... 28,730 28,730 

67 1203873SF BALLISTIC MISSILE DEFENSE RADARS ..................................... 20,752 28,752 

Perimeter Acquisition Radar Attack Characterization System 

(PARCS) radar.

[8,000] 

68 1203906SF NCMC—TW/AA SYSTEM ................................................................... 25,545 25,545 

69 1203913SF NUDET DETECTION SYSTEM (SPACE) ........................................ 93,391 93,391 

70 1203940SF SPACE SITUATION AWARENESS OPERATIONS ......................... 264,966 264,966 

71 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.317,309 317,309 

75 1206770SF ENTERPRISE GROUND SERVICES ................................................ 155,825 155,825 

76 1208053SF JOINT TACTICAL GROUND SYSTEM ............................................ 14,568 14,568 

9999 9999999999 CLASSIFIED PROGRAMS .................................................................. 5,764,667 6,225,367 

Space Force realignment of funds for classified program ..................... [270,000] 

Space Force Unfunded Priorities List Classified Program B ............... [83,000] 

Space Force Unfunded Priorities List Classified Program C ............... [53,000] 

Space Force Unfunded Priorities List Classified Program D ............... [54,700] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 7,488,108 7,956,808 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 
1506 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

78 1208248SF SPACE COMMAND & CONTROL—SOFTWARE PILOT PROGRAM.122,326 122,326 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

122,326 122,326 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

SF.

19,199,340 19,784,119 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

1 0601000BR DTRA BASIC RESEARCH ................................................................. 14,761 14,761 

2 0601101E DEFENSE RESEARCH SCIENCES .................................................. 311,531 311,531 

3 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES ...................... 16,329 16,329 

4 0601110D8Z BASIC RESEARCH INITIATIVES .................................................... 71,783 96,783 

Defense Established Program to Stimulate Competitive Research 

(DEPSCoR).

[25,000] 

5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ........... 50,430 50,430 

6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .......................... 159,549 169,549 

Enhanced civics education program ...................................................... [10,000] 

7 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.100,467 100,467 

8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ................ 36,235 36,235 

SUBTOTAL BASIC RESEARCH ................................................ 761,085 796,085 

APPLIED RESEARCH 

9 0602000D8Z JOINT MUNITIONS TECHNOLOGY ................................................ 19,157 19,157 

10 0602115E BIOMEDICAL TECHNOLOGY .......................................................... 141,081 141,081 

11 0602128D8Z PROMOTION AND PROTECTION STRATEGIES .......................... 3,219 3,219 

12 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ...................................... 55,160 55,160 

13 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ........................ 46,858 46,858 

14 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T 

PRIORITIES.

66,866 66,866 

15 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ............... 333,029 333,029 

17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ................ 240,610 240,610 

18 0602668D8Z CYBER SECURITY RESEARCH ....................................................... 17,437 20,437 

Semiconductor industry cybersecurity research ..................................... [3,000] 

19 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL SECURITY ........... 4,718 4,718 

20 0602702E TACTICAL TECHNOLOGY ................................................................ 234,549 234,549 

21 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY .......................... 344,986 344,986 

22 0602716E ELECTRONICS TECHNOLOGY ........................................................ 572,662 572,662 

23 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH.208,870 208,870 

24 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.11,168 11,168 

25 0602890D8Z HIGH ENERGY LASER RESEARCH ............................................... 48,804 48,804 

26 0602891D8Z FSRM MODELLING ............................................................................ 2,000 2,000 

27 1160401BB SOF TECHNOLOGY DEVELOPMENT ............................................ 52,287 52,287 

SUBTOTAL APPLIED RESEARCH .......................................... 2,403,461 2,406,461 

ADVANCED TECHNOLOGY DEVELOPMENT 

28 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ......................... 37,706 37,706 

29 0603021D8Z NATIONAL SECURITY INNOVATION CAPITAL .......................... 15,085 15,085 

30 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ............................................. 30,102 30,102 

31 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ................ 75,593 105,593 

Loitering munition development ............................................................ [5,000] 

U.S.-Israel defense collaboration on emerging technologies .................. [25,000] 

32 0603133D8Z FOREIGN COMPARATIVE TESTING .............................................. 27,078 27,078 

33 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED 

TECHNOLOGY DEVELOPMENT.

400,947 405,947 

Advanced manufacturing of energetic materials ................................... [5,000] 

34 0603176BR ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 7,990 7,990 

35 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 17,825 17,825 

36 0603180C ADVANCED RESEARCH ................................................................... 21,461 21,461 

37 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT 

&TRANSITION.

52,292 52,292 

38 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.19,567 19,567 

39 0603260BR INTELLIGENCE ADVANCED DEVELOPMENT ............................ 10,000 10,000 

40 0603286E ADVANCED AEROSPACE SYSTEMS .............................................. 331,753 331,753 

41 0603287E SPACE PROGRAMS AND TECHNOLOGY ....................................... 134,809 134,809 

42 0603288D8Z ANALYTIC ASSESSMENTS ............................................................... 24,328 24,328 

43 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS ............. 55,626 55,626 

44 0603330D8Z QUANTUM APPLICATION ................................................................ 75,000 75,000 

46 0603342D8Z DEFENSE INNOVATION UNIT (DIU) ............................................ 104,729 104,729 

47 0603375D8Z TECHNOLOGY INNOVATION .......................................................... 123,837 123,837 

48 0603379D8Z ADVANCED TECHNICAL INTEGRATION ..................................... 11,000 11,000 

49 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.267,073 292,073 
1507 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

Generative Unconstrained Intelligent Drug Engineering-Enhanced 

Biodefense.

[25,000] 

50 0603527D8Z RETRACT LARCH .............................................................................. 57,401 57,401 

51 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...................... 19,793 19,793 

53 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES .................... 11,197 11,197 

54 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.252,965 264,965 

Additive manufacturing at scale ............................................................ [7,000] 

Digital manufacturing modernization .................................................... [5,000] 

55 0603680S MANUFACTURING TECHNOLOGY PROGRAM ............................. 46,404 46,404 

56 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.16,580 16,580 

57 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ........... 60,387 60,387 

58 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND 

SUPPORT.

144,707 144,707 

59 0603727D8Z JOINT WARFIGHTING PROGRAM .................................................. 2,749 2,749 

60 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ............................. 254,033 254,033 

61 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ..... 321,591 321,591 

62 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ......................... 885,425 885,425 

63 0603767E SENSOR TECHNOLOGY .................................................................... 358,580 358,580 

65 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...................................... 16,699 16,699 

66 0603838D8Z DEFENSE INNOVATION ACCELERATION (DIA) ........................ 257,110 257,110 

67 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 111,799 111,799 

68 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ..................... 345,384 345,384 

69 0603945D8Z AUKUS INNOVATION INITIATIVES ............................................... 25,000 25,000 

70 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK ....................... 21,575 28,575 

National Security Innovation Network .................................................. [7,000] 

71 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ........... 171,668 181,668 

Increase for tristructural-isotrophic fuel ............................................... [10,000] 

72 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ...................... 156,097 156,097 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.5,380,945 5,469,945 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

74 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E ADC&P.

76,764 76,764 

75 0603600D8Z WALKOFF ............................................................................................ 143,486 143,486 

76 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION 

PROGRAM.

117,196 123,196 

Sustainable Technology Evaluation and Demonstration program increase.[6,000] 

77 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.220,311 220,311 

78 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.903,633 903,633 

79 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/ 

VAL.

316,853 316,853 

80 0603884C BALLISTIC MISSILE DEFENSE SENSORS .................................. 239,159 239,159 

81 0603890C BMD ENABLING PROGRAMS .......................................................... 597,720 597,720 

82 0603891C SPECIAL PROGRAMS—MDA ............................................................ 552,888 552,888 

83 0603892C AEGIS BMD ......................................................................................... 693,727 693,727 

84 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, 

BATTLE MANAGEMENT AND COMMUNICATI.

554,201 554,201 

85 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT.48,248 48,248 

86 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER 

(MDIOC).

50,549 50,549 

87 0603906C REGARDING TRENCH ...................................................................... 12,564 27,564 

Program increase—MDA UFR ............................................................. [15,000] 

88 0603907C SEA BASED X-BAND RADAR (SBX) ............................................... 177,868 177,868 

89 0603913C ISRAELI COOPERATIVE PROGRAMS ............................................ 300,000 325,000 

U.S.-Israel cooperation on directed energy capabilities ......................... [25,000] 

90 0603914C BALLISTIC MISSILE DEFENSE TEST .......................................... 360,455 360,455 

91 0603915C BALLISTIC MISSILE DEFENSE TARGETS .................................. 570,258 580,258 

Hypersonic Targets and Countermeasures Program ............................. [10,000] 

92 0603923D8Z COALITION WARFARE ..................................................................... 12,103 12,103 

93 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS 

TECHNOLOGY (5G).

179,278 179,278 

94 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ............. 3,185 3,185 

95 0604102C GUAM DEFENSE DEVELOPMENT ................................................. 397,578 397,578 

97 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER 

(CDAO)—MIP.

34,350 34,350 

98 0604181C HYPERSONIC DEFENSE .................................................................. 208,997 208,997 

99 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ................................ 1,085,826 1,085,826 

100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS ............................ 810,839 810,839 

101 0604331D8Z RAPID PROTOTYPING PROGRAM .................................................. 110,291 110,291 

102 0604331J RAPID PROTOTYPING PROGRAM .................................................. 9,880 9,880 
1508 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM 

COMMON DEVELOPMENT.

2,643 2,643 

105 0604551BR CATAPULT INFORMATION SYSTEM ............................................. 8,328 8,328 

106 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON 

S&T.

53,726 53,726 

108 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS 

(SSA).

3,206 3,206 

109 0604790D8Z RAPID DEFENSE EXPERIMENTATION RESERVE (RDER) ..... 79,773 79,773 

110 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND 

INTEROPERABILITY ASSESSMENTS.

28,517 28,517 

111 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ...................... 103,517 103,517 

112 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ............... 2,130,838 2,130,838 

113 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.47,577 47,577 

114 0604878C AEGIS BMD TEST .............................................................................. 193,484 193,484 

115 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST ......................... 111,049 111,049 

116 0604880C LAND-BASED SM–3 (LBSM3) ........................................................... 22,163 22,163 

117 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT 

TEST.

41,824 41,824 

118 0202057C SAFETY PROGRAM MANAGEMENT ............................................... 2,484 2,484 

119 0208059JCY CYBERCOM ACTIVITIES .................................................................. 65,484 65,484 

120 0208085JCY ROBUST INFRASTRUCTURE AND ACCESS ................................. 170,182 170,182 

121 0208086JCY CYBER TRAINING ENVIRONMENT (CTE) ................................... 114,980 114,980 

122 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS .......... 2,156 2,156 

123 0305103C CYBER SECURITY INITIATIVE ...................................................... 2,760 2,760 

124 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS.3,000 3,000 

125 0305251JCY CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 2,669 2,669 

126 0901579D8Z OFFICE OF STRATEGIC CAPITAL (OSC) ..................................... 99,000 99,000 

129 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 109,483 109,483 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.12,187,050 12,243,050 

SYSTEM DEVELOPMENT & DEMONSTRATION 

130 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER 

(CDAO)—DEM/VAL ACTIVITIES.

615,246 615,246 

131 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E SDD.

6,229 6,229 

132 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ... 382,977 382,977 

133 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM 

(JTIDS).

9,775 9,775 

134 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS 

DEVELOPMENT.

14,414 14,414 

135 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ........................ 6,953 6,953 

136 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE .................... 9,292 9,292 

137 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ....................................... 18,981 18,981 

138 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES .................................. 5,456 5,456 

140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM.32,629 32,629 

141 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM 

(MARMS).

9,316 9,316 

142 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES.6,899 6,899 

143 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS ............................ 297,586 297,586 

145 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS ......... 4,110 4,110 

146 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT 

(EEIM).

8,159 8,159 

147 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION.14,471 14,471 

148 0505167D8Z DOMESTIC PREPAREDNESS AGAINST WEAPONS OF MASS 

DESTRUCTION.

3,770 3,770 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.1,446,263 1,446,263 

MANAGEMENT SUPPORT 

149 0603829J JOINT CAPABILITY EXPERIMENTATION ................................... 12,402 12,402 

150 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ............. 12,746 12,746 

151 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ................. 8,426 8,426 

152 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).833,792 833,792 

153 0604942D8Z ASSESSMENTS AND EVALUATIONS ............................................. 5,810 5,810 

154 0605001E MISSION SUPPORT ............................................................................ 99,090 99,090 

155 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 187,421 187,421 

156 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).61,477 61,477 

158 0605142D8Z SYSTEMS ENGINEERING ................................................................ 39,949 39,949 

159 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ................................. 6,292 6,292 

160 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ............................... 21,043 21,043 
1509 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

161 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION.10,504 10,504 

162 0605200D8Z GENERAL SUPPORT TO OUSD(INTELLIGENCE AND SECURITY).2,980 2,980 

163 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ................ 74,382 74,382 

170 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL 

BUSINESS TECHNOLOGY TRANSFER.

3,831 3,831 

171 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE ............................... 38,923 38,923 

172 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ............................................ 60,404 60,404 

173 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ......... 65,715 60,715 

Information Analysis Centers reduction ................................................ [–5,000] 

174 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND 

EVALUATION.

26,037 26,037 

175 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................................. 37,353 37,353 

176 0605898E MANAGEMENT HQ—R&D ................................................................ 14,833 14,833 

177 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION 

CENTER (DTIC).

3,752 3,752 

178 0606005D8Z SPECIAL ACTIVITIES ....................................................................... 18,088 18,088 

179 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS .................................... 14,427 14,427 

180 0606114D8Z ANALYSIS WORKING GROUP (AWG) SUPPORT .......................... 4,200 4,200 

181 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER 

(CDAO) ACTIVITIES.

17,247 17,247 

182 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS .................... 3,386 3,386 

183 0606300D8Z DEFENSE SCIENCE BOARD ........................................................... 2,352 2,352 

184 0606301D8Z AVIATION SAFETY TECHNOLOGIES ............................................ 213 213 

186 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY .............. 45,194 45,194 

187 0606853BR MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT .. 11,919 11,919 

188 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ......... 3,112 3,112 

189 0204571J JOINT STAFF ANALYTICAL SUPPORT ........................................ 4,916 4,916 

190 0208045K C4I INTEROPERABILITY ................................................................. 66,152 66,152 

195 0305172K COMBINED ADVANCED APPLICATIONS ...................................... 5,366 5,366 

197 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .......... 3,069 3,069 

199 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA.101,319 101,319 

200 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI).740 740 

201 0901598C MANAGEMENT HQ—MDA ................................................................ 28,363 28,363 

202 0903235K JOINT SERVICE PROVIDER (JSP) ................................................. 5,177 5,177 

9999 9999999999 CLASSIFIED PROGRAMS .................................................................. 36,315 63,315 

All Domain Anomaly Resolution Office ................................................. [27,000] 

SUBTOTAL MANAGEMENT SUPPORT ................................. 1,998,717 2,020,717 

OPERATIONAL SYSTEMS DEVELOPMENT 

203 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ..................................... 42,482 42,482 

205 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT.1,017,141 1,045,141 

Domestic advanced microelectronics packaging ..................................... [5,000] 

Rapid Innovation Program .................................................................... [20,000] 

Shipbuilding and ship repair workforce development ............................ [3,000] 

206 0607310D8Z COUNTERPROLIFERATION SPECIAL PROJECTS: OPERATIONAL SYSTEMS DEVELOPMENT.12,713 12,713 

207 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS).8,503 8,503 

208 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL 

SYSTEMS DEVELOPMENT).

80,495 80,495 

209 0208097JCY CYBER COMMAND AND CONTROL (CYBER C2) ......................... 95,733 95,733 

210 0208099JCY DATA AND UNIFIED PLATFORM (D&UP) .................................... 138,558 138,558 

214 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.19,299 19,299 

215 0303126K LONG-HAUL COMMUNICATIONS—DCS ........................................ 37,726 37,726 

216 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS 

NETWORK (MEECN).

5,037 5,037 

218 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ........................ 97,171 97,171 

220 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ........................ 8,351 8,351 

222 0303153K DEFENSE SPECTRUM ORGANIZATION ....................................... 35,995 35,995 

223 0303171K JOINT PLANNING AND EXECUTION SERVICES ....................... 5,677 5,677 

224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) ............................ 3,196 3,196 

228 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) CYBER SECURITY INITIATIVE.25,655 25,655 

232 0305133V INDUSTRIAL SECURITY ACTIVITIES ........................................... 2,134 2,134 

235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ...... 2,295 2,295 

236 0305172D8Z COMBINED ADVANCED APPLICATIONS ...................................... 52,736 52,736 

239 0305186D8Z POLICY R&D PROGRAMS ................................................................. 6,263 6,263 

240 0305199D8Z NET CENTRICITY .............................................................................. 23,275 23,275 

242 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS .......... 6,214 6,214 

249 0305327V INSIDER THREAT ............................................................................. 2,971 2,971 

250 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,879 1,879 

257 0306250JCY CYBER OPERATIONS TECHNOLOGY SUPPORT ......................... 469,385 480,385 
1510 

†S 2226 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2024 Request 

Senate 

Authorized 

Locked Shield Exercise .......................................................................... [4,000] 

Modernization of Department of Defense Internet Gateway Cyber Defense.[7,000] 

261 0505167D8Z DOMESTIC PREPAREDNESS AGAINST WEAPONS OF MASS 

DESTRUCTION.

1,760 1,760 

262 0708012K LOGISTICS SUPPORT ACTIVITIES ................................................ 1,420 1,420 

263 0708012S PACIFIC DISASTER CENTERS ........................................................ 1,905 1,905 

264 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM .................. 3,249 3,249 

265 1105219BB MQ–9 UAV ............................................................................................ 37,188 37,188

267 1160403BB AVIATION SYSTEMS ......................................................................... 216,174 216,174 

268 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ............................... 86,737 86,737 

269 1160408BB OPERATIONAL ENHANCEMENTS ................................................. 216,135 216,135 

270 1160431BB WARRIOR SYSTEMS .......................................................................... 263,374 280,514 

Counter Uncrewed Aerial Systems (CUAS) Group 3 Defeat Acceleration.[11,250] 

Next-Generation Blue Force Tracker .................................................... [5,890] 

271 1160432BB SPECIAL PROGRAMS ........................................................................ 529 529 

272 1160434BB UNMANNED ISR ................................................................................. 6,727 6,727 

273 1160480BB SOF TACTICAL VEHICLES .............................................................. 9,335 9,335 

274 1160483BB MARITIME SYSTEMS ........................................................................ 158,231 158,231 

275 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE .................. 15,749 15,749 

9999 9999999999 CLASSIFIED PROGRAMS .................................................................. 8,463,742 8,463,742 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 11,683,139 11,739,279 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

278 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM ..... 21,355 21,355 

279 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ............................ 33,166 33,166 

9999 9999999999 CLASSIFIED PROGRAMS .................................................................. 270,653 270,653 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

325,174 325,174 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

DW.

36,185,834 36,446,974 

OPERATIONAL TEST & EVAL, DEFENSE 

MANAGEMENT SUPPORT 

1 0605118OTE OPERATIONAL TEST AND EVALUATION .................................... 169,544 169,544 

2 0605131OTE LIVE FIRE TEST AND EVALUATION ............................................ 103,252 103,252 

3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .................. 58,693 58,693 

SUBTOTAL MANAGEMENT SUPPORT ................................. 331,489 331,489 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE ........... 331,489 331,489 

TOTAL RDT&E ................................................................................ 144,979,625 146,140,912 

1 TITLE XLIII—OPERATION AND 

2 MAINTENANCE 

3 SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................................... 3,943,409 3,943,409 

020 MODULAR SUPPORT BRIGADES .............................................. 225,238 225,238 

030 ECHELONS ABOVE BRIGADE ................................................... 947,395 947,395 

040 THEATER LEVEL ASSETS ......................................................... 2,449,141 2,449,141 

050 LAND FORCES OPERATIONS SUPPORT ................................. 1,233,070 1,233,070 

060 AVIATION ASSETS ........................................................................ 2,046,144 2,046,144 

070 FORCE READINESS OPERATIONS SUPPORT ........................ 7,149,427 7,149,427 

080 LAND FORCES SYSTEMS READINESS .................................... 475,435 475,435 

090 LAND FORCES DEPOT MAINTENANCE .................................. 1,423,560 1,423,560 

100 MEDICAL READINESS ................................................................. 951,499 951,499 

110 BASE OPERATIONS SUPPORT .................................................. 9,943,031 9,943,031 

120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 5,381,757 5,381,757 
1511 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

130 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 313,612 313,612 

140 ADDITIONAL ACTIVITIES .......................................................... 454,565 454,565 

150 RESET ............................................................................................. 447,987 447,987 

160 US AFRICA COMMAND ................................................................ 414,680 414,680 

170 US EUROPEAN COMMAND ......................................................... 408,529 408,529 

180 US SOUTHERN COMMAND ......................................................... 285,692 285,692 

190 US FORCES KOREA ...................................................................... 88,463 88,463 

200 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 507,845 507,845 

210 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 704,667 704,667 

SUBTOTAL OPERATING FORCES .................................... 39,795,146 39,795,146 

MOBILIZATION 

230 STRATEGIC MOBILITY ................................................................ 470,143 470,143 

240 ARMY PREPOSITIONED STOCKS .............................................. 433,909 433,909 

250 INDUSTRIAL PREPAREDNESS ................................................. 4,244 4,244 

SUBTOTAL MOBILIZATION ................................................. 908,296 908,296 

TRAINING AND RECRUITING 

260 OFFICER ACQUISITION .............................................................. 178,428 178,428 

270 RECRUIT TRAINING .................................................................... 78,235 78,235 

280 ONE STATION UNIT TRAINING ................................................ 114,777 114,777 

290 SENIOR RESERVE OFFICERS TRAINING CORPS ................. 551,462 551,462 

300 SPECIALIZED SKILL TRAINING ............................................... 1,147,431 1,147,431 

310 FLIGHT TRAINING ....................................................................... 1,398,415 1,398,415 

320 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 200,779 200,779 

330 TRAINING SUPPORT .................................................................... 682,896 682,896 

340 RECRUITING AND ADVERTISING ............................................ 690,280 833,336 

Army Enlisted Training Corps ......................................................... [5,000 ] 

Recruiting and advertising increase .................................................. [138,056 ] 

350 EXAMINING ................................................................................... 195,009 195,009 

360 OFF-DUTY AND VOLUNTARY EDUCATION ........................... 260,235 260,235 

370 CIVILIAN EDUCATION AND TRAINING .................................. 250,252 250,252 

380 JUNIOR RESERVE OFFICER TRAINING CORPS ................... 204,895 204,895 

SUBTOTAL TRAINING AND RECRUITING ................... 5,953,094 6,096,150 

ADMIN & SRVWIDE ACTIVITIES 

400 SERVICEWIDE TRANSPORTATION .......................................... 718,323 718,323 

410 CENTRAL SUPPLY ACTIVITIES ................................................ 900,624 900,624 

420 LOGISTIC SUPPORT ACTIVITIES ............................................. 828,059 828,059 

430 AMMUNITION MANAGEMENT ................................................... 464,029 464,029 

440 ADMINISTRATION ........................................................................ 537,837 537,837 

450 SERVICEWIDE COMMUNICATIONS .......................................... 1,962,059 1,962,059 

460 MANPOWER MANAGEMENT ...................................................... 361,553 361,553 

470 OTHER PERSONNEL SUPPORT ................................................ 829,248 829,248 

480 OTHER SERVICE SUPPORT ....................................................... 2,370,107 2,370,107 

490 ARMY CLAIMS ACTIVITIES ........................................................ 203,323 203,323 

500 REAL ESTATE MANAGEMENT .................................................. 286,682 286,682 

510 FINANCIAL MANAGEMENT AND AUDIT READINESS ......... 455,928 455,928 

520 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT ......................................................................................... 39,867 39,867 

530 INTERNATIONAL MILITARY HEADQUARTERS .................... 610,201 610,201 

540 MISC. SUPPORT OF OTHER NATIONS .................................... 38,948 38,948 

999 CLASSIFIED PROGRAMS ............................................................ 2,291,229 2,291,229 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .............. 12,898,017 12,898,017 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –337,600 

Foreign currency fluctuations ........................................................... [–208,000 ] 

Unobligated balances ........................................................................ [–129,600 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –337,600 

TOTAL OPERATION & MAINTENANCE, ARMY ........... 59,554,553 59,360,009 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES .............................................. 15,208 15,208 

020 ECHELONS ABOVE BRIGADE ................................................... 720,802 720,802 

030 THEATER LEVEL ASSETS ......................................................... 143,400 143,400 

040 LAND FORCES OPERATIONS SUPPORT ................................. 707,654 707,654 

050 AVIATION ASSETS ........................................................................ 134,346 134,346 
1512 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

060 FORCE READINESS OPERATIONS SUPPORT ........................ 451,178 451,178 

070 LAND FORCES SYSTEMS READINESS .................................... 97,564 97,564 

080 LAND FORCES DEPOT MAINTENANCE .................................. 45,711 45,711 

090 BASE OPERATIONS SUPPORT .................................................. 608,079 608,079 

100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 495,435 495,435 

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 28,783 28,783 

120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 3,153 3,153 

130 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 19,591 19,591 

SUBTOTAL OPERATING FORCES .................................... 3,470,904 3,470,904 

ADMIN & SRVWD ACTIVITIES 

140 SERVICEWIDE TRANSPORTATION .......................................... 19,155 19,155 

150 ADMINISTRATION ........................................................................ 21,668 21,668 

160 SERVICEWIDE COMMUNICATIONS .......................................... 44,118 44,118 

170 MANPOWER MANAGEMENT ...................................................... 7,127 7,127 

180 RECRUITING AND ADVERTISING ............................................ 67,976 74,651 

Recruiting and advertising increase .................................................. [6,675 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 160,044 166,719 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –14,300 

Foreign currency fluctuations ........................................................... [–10,900 ] 

Unobligated balances ........................................................................ [–3,400 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –14,300 

TOTAL OPERATION & MAINTENANCE, ARMY RES 3,630,948 3,623,323 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................................... 925,071 925,071 

020 MODULAR SUPPORT BRIGADES .............................................. 201,781 201,781 

030 ECHELONS ABOVE BRIGADE ................................................... 840,373 840,373 

040 THEATER LEVEL ASSETS ......................................................... 107,392 107,392 

050 LAND FORCES OPERATIONS SUPPORT ................................. 62,908 62,908 

060 AVIATION ASSETS ........................................................................ 1,113,908 1,113,908 

070 FORCE READINESS OPERATIONS SUPPORT ........................ 832,946 832,946 

080 LAND FORCES SYSTEMS READINESS .................................... 50,696 50,696 

090 LAND FORCES DEPOT MAINTENANCE .................................. 231,784 231,784 

100 BASE OPERATIONS SUPPORT .................................................. 1,249,066 1,249,066 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 1,081,561 1,081,561 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 1,468,857 1,468,857 

130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 9,566 9,566 

140 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 15,710 15,710 

SUBTOTAL OPERATING FORCES .................................... 8,191,619 8,191,619 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION .......................................... 7,251 7,251 

160 ADMINISTRATION ........................................................................ 66,025 66,025 

170 SERVICEWIDE COMMUNICATIONS .......................................... 113,366 113,366 

180 MANPOWER MANAGEMENT ...................................................... 8,663 8,663 

190 OTHER PERSONNEL SUPPORT ................................................ 292,426 343,146 

Recruiting and advertising increase .................................................. [50,720 ] 

200 REAL ESTATE MANAGEMENT .................................................. 3,754 3,754 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 491,485 542,205 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –52,400 

Foreign currency fluctuations ........................................................... [–29,000 ] 

Unobligated balances ........................................................................ [–23,400 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –52,400 

TOTAL OPERATION & MAINTENANCE, ARNG ........... 8,683,104 8,681,424 

COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 

COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 

010 IRAQ ................................................................................................. 241,950 241,950 

020 SYRIA ............................................................................................... 156,000 156,000 
1513 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

SUBTOTAL COUNTER ISIS TRAIN AND EQUIP 

FUND (CTEF) .......................................................................... 397,950 397,950 

TOTAL COUNTER ISIS TRAIN AND EQUIP FUND 

(CTEF) ........................................................................................ 397,950 397,950 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ....................... 7,882,504 7,882,504 

020 FLEET AIR TRAINING ................................................................. 2,773,957 2,773,957 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 73,047 73,047 

040 AIR OPERATIONS AND SAFETY SUPPORT ............................ 213,862 213,862 

050 AIR SYSTEMS SUPPORT ............................................................. 1,155,463 1,158,463 

Advanced nucleated foam engine performance and restoration program .............................................................................................. [3,000 ] 

060 AIRCRAFT DEPOT MAINTENANCE .......................................... 1,857,021 1,857,021 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ........................... 66,822 66,822 

080 AVIATION LOGISTICS .................................................................. 1,871,670 1,871,670 

090 MISSION AND OTHER SHIP OPERATIONS ............................ 7,015,796 7,015,796 

100 SHIP OPERATIONS SUPPORT & TRAINING ........................... 1,301,108 1,301,108 

110 SHIP DEPOT MAINTENANCE .................................................... 11,164,249 11,164,249 

120 SHIP DEPOT OPERATIONS SUPPORT ..................................... 2,728,712 2,728,712 

130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE ............................................................................................ 1,776,881 1,776,881 

140 SPACE SYSTEMS AND SURVEILLANCE .................................. 389,915 389,915 

150 WARFARE TACTICS ..................................................................... 1,005,998 1,005,998 

160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ..... 455,330 455,330 

170 COMBAT SUPPORT FORCES ...................................................... 2,350,089 2,356,089 

Naval Small Craft Instruction and Technical Training School ........ [6,000 ] 

180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS 

SUPPORT .................................................................................... 189,044 189,044 

200 COMBATANT COMMANDERS CORE OPERATIONS ............... 92,504 92,504 

210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 352,980 352,980 

230 CYBERSPACE ACTIVITIES ......................................................... 522,180 522,180 

240 FLEET BALLISTIC MISSILE ...................................................... 1,763,238 1,763,238 

250 WEAPONS MAINTENANCE ......................................................... 1,640,642 1,640,642 

260 OTHER WEAPON SYSTEMS SUPPORT .................................... 696,653 696,653 

270 ENTERPRISE INFORMATION .................................................... 1,780,645 1,780,645 

280 SUSTAINMENT, RESTORATION AND MODERNIZATION .... 4,406,192 4,406,192 

290 BASE OPERATING SUPPORT ..................................................... 6,223,827 6,271,827 

Navy divestment of electrical utility operations at former Naval Air 

Station Barbers Point ................................................................... [48,000 ] 

SUBTOTAL OPERATING FORCES .................................... 61,750,329 61,807,329 

MOBILIZATION 

300 SHIP PREPOSITIONING AND SURGE ...................................... 475,255 475,255 

310 READY RESERVE FORCE ........................................................... 701,060 701,060 

320 SHIP ACTIVATIONS/INACTIVATIONS ...................................... 302,930 302,930 

330 EXPEDITIONARY HEALTH SERVICES SYSTEMS ................. 151,966 151,966 

340 COAST GUARD SUPPORT ........................................................... 21,464 21,464 

SUBTOTAL MOBILIZATION ................................................. 1,652,675 1,652,675 

TRAINING AND RECRUITING 

350 OFFICER ACQUISITION .............................................................. 201,555 201,555 

360 RECRUIT TRAINING .................................................................... 16,521 16,521 

370 RESERVE OFFICERS TRAINING CORPS ................................. 175,171 175,171 

380 SPECIALIZED SKILL TRAINING ............................................... 1,238,894 1,238,894 

390 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 335,603 335,603 

400 TRAINING SUPPORT .................................................................... 390,931 390,931 

410 RECRUITING AND ADVERTISING ............................................ 269,483 355,328 

Navy Enlisted Training Corps .......................................................... [5,000 ] 

Recruiting and advertising increase .................................................. [80,845 ] 

420 OFF-DUTY AND VOLUNTARY EDUCATION ........................... 90,452 90,452 

430 CIVILIAN EDUCATION AND TRAINING .................................. 73,406 73,406 

440 JUNIOR ROTC ................................................................................ 58,970 58,970 

SUBTOTAL TRAINING AND RECRUITING ................... 2,850,986 2,936,831 

ADMIN & SRVWD ACTIVITIES 

450 ADMINISTRATION ........................................................................ 1,350,449 1,350,449 

460 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 242,760 242,760 
1514 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

470 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 745,666 745,666 

490 MEDICAL ACTIVITIES ................................................................. 323,978 323,978 

500 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT ......................................................................................... 67,357 67,357 

510 SERVICEWIDE TRANSPORTATION .......................................... 248,822 248,822 

530 PLANNING, ENGINEERING, AND PROGRAM SUPPORT ...... 616,816 616,816 

540 ACQUISITION, LOGISTICS, AND OVERSIGHT ........................ 850,906 850,906 

550 INVESTIGATIVE AND SECURITY SERVICES ......................... 888,508 888,508 

999 CLASSIFIED PROGRAMS ............................................................ 655,281 655,281 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 5,990,543 5,990,543 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –498,400 

Foreign currency fluctuations ........................................................... [–236,300 ] 

Unobligated balances ........................................................................ [–262,100 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –498,400 

TOTAL OPERATION & MAINTENANCE, NAVY ........... 72,244,533 71,888,978 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .............................................................. 1,799,964 1,799,964 

020 FIELD LOGISTICS ........................................................................ 1,878,228 1,878,228 

030 DEPOT MAINTENANCE ............................................................... 211,460 211,460 

040 MARITIME PREPOSITIONING .................................................... 137,831 137,831 

060 CYBERSPACE ACTIVITIES ......................................................... 205,449 205,449 

070 SUSTAINMENT, RESTORATION & MODERNIZATION .......... 1,211,183 1,211,183 

080 BASE OPERATING SUPPORT ..................................................... 3,124,551 3,124,551 

SUBTOTAL OPERATING FORCES .................................... 8,568,666 8,568,666 

TRAINING AND RECRUITING 

090 RECRUIT TRAINING .................................................................... 26,284 26,284 

100 OFFICER ACQUISITION .............................................................. 1,316 1,316 

110 SPECIALIZED SKILL TRAINING ............................................... 133,176 133,176 

120 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 66,213 66,213 

130 TRAINING SUPPORT .................................................................... 570,152 570,152 

140 RECRUITING AND ADVERTISING ............................................ 246,586 300,903 

Marine Corps Enlisted Training Corps ............................................ [5,000 ] 

Recruiting and advertising increase .................................................. [49,317 ] 

150 OFF-DUTY AND VOLUNTARY EDUCATION ........................... 55,230 55,230 

160 JUNIOR ROTC ................................................................................ 29,616 29,616 

SUBTOTAL TRAINING AND RECRUITING ................... 1,128,573 1,182,890 

ADMIN & SRVWD ACTIVITIES 

180 SERVICEWIDE TRANSPORTATION .......................................... 90,366 90,366 

190 ADMINISTRATION ........................................................................ 428,650 428,650 

999 CLASSIFIED PROGRAMS ............................................................ 65,658 65,658 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 584,674 584,674 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –108,900 

Foreign currency fluctuations ........................................................... [–33,800 ] 

Unobligated balances ........................................................................ [–75,100 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –108,900 

TOTAL OPERATION & MAINTENANCE, MARINE 

CORPS ....................................................................................... 10,281,913 10,227,330 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ....................... 731,113 731,113 

020 INTERMEDIATE MAINTENANCE .............................................. 10,122 10,122 

030 AIRCRAFT DEPOT MAINTENANCE .......................................... 167,811 167,811 

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ........................... 103 103 

050 AVIATION LOGISTICS .................................................................. 29,185 29,185 

060 COMBAT COMMUNICATIONS ..................................................... 20,806 20,806 

070 COMBAT SUPPORT FORCES ...................................................... 186,590 186,590 

080 CYBERSPACE ACTIVITIES ......................................................... 296 296 

090 ENTERPRISE INFORMATION .................................................... 32,467 32,467 

100 SUSTAINMENT, RESTORATION AND MODERNIZATION .... 63,726 63,726 
1515 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

110 BASE OPERATING SUPPORT ..................................................... 121,064 121,064 

SUBTOTAL OPERATING FORCES .................................... 1,363,283 1,363,283 

ADMIN & SRVWD ACTIVITIES 

120 ADMINISTRATION ........................................................................ 2,025 2,025 

130 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 13,401 13,401 

140 ACQUISITION AND PROGRAM MANAGEMENT ...................... 2,101 2,101 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 17,527 17,527 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –8,100 

Foreign currency fluctuations ........................................................... [–3,900 ] 

Unobligated balances ........................................................................ [–4,200 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –8,100 

TOTAL OPERATION & MAINTENANCE, NAVY RES 1,380,810 1,372,710 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................................... 128,468 128,468 

020 DEPOT MAINTENANCE ............................................................... 20,967 20,967 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION .... 46,589 46,589 

040 BASE OPERATING SUPPORT ..................................................... 120,808 120,808 

SUBTOTAL OPERATING FORCES .................................... 316,832 316,832 

ADMIN & SRVWD ACTIVITIES 

050 ADMINISTRATION ........................................................................ 12,563 12,563 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 12,563 12,563 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –4,900 

Foreign currency fluctuations ........................................................... [–3,900 ] 

Unobligated balances ........................................................................ [–1,000 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –4,900 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ........................................................................................ 329,395 324,495 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................................... 980,768 966,068 

DAF requested realignment of funds ............................................... [–14,700 ] 

020 COMBAT ENHANCEMENT FORCES ......................................... 2,665,924 2,665,924 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) .... 1,630,552 1,630,552 

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 4,632,693 4,632,693 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 4,252,815 4,194,663 

DAF requested realignment of funds ............................................... [–58,152 ] 

060 CYBERSPACE SUSTAINMENT ................................................... 229,440 229,440 

070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 9,537,192 9,537,192 

080 FLYING HOUR PROGRAM ........................................................... 6,697,549 6,697,549 

090 BASE SUPPORT ............................................................................. 11,633,510 11,425,018 

DAF requested realignment of funds ............................................... [–223,192 ] 

DAF requested realignment of funds from SAG 11A ...................... [14,700 ] 

100 GLOBAL C3I AND EARLY WARNING ....................................... 1,350,827 1,319,876 

DAF requested realignment of funds ............................................... [–30,951 ] 

110 OTHER COMBAT OPS SPT PROGRAMS ................................... 1,817,941 1,817,941 

120 CYBERSPACE ACTIVITIES ......................................................... 807,966 807,966 

130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ........ 267,615 267,615 

160 US NORTHCOM/NORAD ............................................................... 245,263 245,263 

170 US STRATCOM ............................................................................... 541,720 541,720 

190 US CENTCOM ................................................................................. 335,220 329,220 

Office of Security Cooperation-Iraq reduction .................................. [–6,000 ] 

200 US SOCOM ...................................................................................... 27,511 27,511 

210 US TRANSCOM .............................................................................. 607 607 

220 CENTCOM CYBERSPACE SUSTAINMENT ............................... 1,415 1,415 

230 USSPACECOM ................................................................................ 373,989 373,989 

240 MEDICAL READINESS ................................................................. 564,880 562,596 

DAF requested realignment of funds ............................................... [–2,284 ] 
1516 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

999 CLASSIFIED PROGRAMS ............................................................ 1,465,926 1,465,926 

SUBTOTAL OPERATING FORCES .................................... 51,527,249 51,206,670 

MOBILIZATION 

260 AIRLIFT OPERATIONS ................................................................ 3,012,287 3,012,287 

270 MOBILIZATION PREPAREDNESS ............................................. 241,918 241,918 

SUBTOTAL MOBILIZATION ................................................. 3,254,205 3,254,205 

TRAINING AND RECRUITING 

280 OFFICER ACQUISITION .............................................................. 202,769 202,769 

290 RECRUIT TRAINING .................................................................... 28,892 28,892 

300 RESERVE OFFICERS TRAINING CORPS (ROTC) .................. 137,647 137,647 

310 SPECIALIZED SKILL TRAINING ............................................... 588,131 588,131 

320 FLIGHT TRAINING ....................................................................... 875,230 875,230 

330 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 301,262 301,262 

340 TRAINING SUPPORT .................................................................... 194,609 194,609 

350 RECRUITING AND ADVERTISING ............................................ 204,318 250,182 

Air Force Enlisted Training Corps ................................................... [5,000 ] 

Recruiting and advertising increase .................................................. [40,864 ] 

360 EXAMINING ................................................................................... 7,775 7,775 

370 OFF-DUTY AND VOLUNTARY EDUCATION ........................... 263,421 263,421 

380 CIVILIAN EDUCATION AND TRAINING .................................. 343,039 343,039 

390 JUNIOR ROTC ................................................................................ 75,666 75,666 

SUBTOTAL TRAINING AND RECRUITING ................... 3,222,759 3,268,623 

ADMIN & SRVWD ACTIVITIES 

400 LOGISTICS OPERATIONS ........................................................... 1,062,199 1,062,199 

410 TECHNICAL SUPPORT ACTIVITIES ......................................... 162,919 162,919 

420 ADMINISTRATION ........................................................................ 1,409,015 1,409,015 

430 SERVICEWIDE COMMUNICATIONS .......................................... 30,268 30,268 

440 OTHER SERVICEWIDE ACTIVITIES ......................................... 1,851,856 1,856,376 

DAF requested realignment of funds ............................................... [4,520 ] 

450 CIVIL AIR PATROL ....................................................................... 30,901 30,901 

460 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT ......................................................................................... 42,759 42,759 

480 INTERNATIONAL SUPPORT ...................................................... 115,267 115,267 

999 CLASSIFIED PROGRAMS ............................................................ 1,506,624 1,506,624 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 7,718,432 7,722,952 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –442,200 

Foreign currency fluctuations ........................................................... [–208,500 ] 

Unobligated balances ........................................................................ [–233,700 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –442,200 

TOTAL OPERATION & MAINTENANCE, AIR FORCE 65,722,645 65,010,250 

OPERATION & MAINTENANCE, SPACE FORCE 

OPERATING FORCES 

010 GLOBAL C3I & EARLY WARNING ............................................. 642,201 642,201 

020 SPACE LAUNCH OPERATIONS .................................................. 356,162 356,162 

030 SPACE OPERATIONS ................................................................... 866,547 866,547 

040 EDUCATION & TRAINING ........................................................... 199,181 217,353 

DAF requested realignment of funds ............................................... [18,172 ] 

050 SPECIAL PROGRAMS ................................................................... 383,233 383,233 

060 DEPOT MAINTENANCE ............................................................... 67,757 67,757 

070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 678,648 678,648 

080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT ............. 1,380,350 1,380,350 

090 SPACE OPERATIONS -BOS ......................................................... 188,760 188,760 

999 CLASSIFIED PROGRAMS ............................................................ 71,475 71,475 

SUBTOTAL OPERATING FORCES .................................... 4,834,314 4,852,486 

ADMINISTRATION AND SERVICE WIDE ACTIVITIES 

100 LOGISTICS OPERATIONS ........................................................... 34,046 34,046 

110 ADMINISTRATION ........................................................................ 149,108 130,936 

DAF requested realignment of funds ............................................... [–18,172 ] 

SUBTOTAL ADMINISTRATION AND SERVICE WIDE 

ACTIVITIES ............................................................................. 183,154 164,982 
1517 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –87,100 

Foreign currency fluctuations ........................................................... [–14,100 ] 

Unobligated balances ........................................................................ [–73,000 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –87,100 

TOTAL OPERATION & MAINTENANCE, SPACE 

FORCE ....................................................................................... 5,017,468 4,930,368 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................................... 2,088,949 2,116,429 

Military technician (dual status) end strength ................................. [27,480 ] 

020 MISSION SUPPORT OPERATIONS ............................................ 198,213 198,213 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 647,758 647,758 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 122,314 122,314 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 374,442 374,442 

060 BASE SUPPORT ............................................................................. 543,962 543,962 

070 CYBERSPACE ACTIVITIES ......................................................... 1,742 1,742 

SUBTOTAL OPERATING FORCES .................................... 3,977,380 4,004,860 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

080 ADMINISTRATION ........................................................................ 107,281 107,281 

090 RECRUITING AND ADVERTISING ............................................ 9,373 11,248 

Recruiting and advertising increase .................................................. [1,875 ] 

100 MILITARY MANPOWER AND PERS MGMT (ARPC) ............... 15,563 15,563 

110 OTHER PERS SUPPORT (DISABILITY COMP) ....................... 6,174 6,174 

120 AUDIOVISUAL ............................................................................... 485 485 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE 

ACTIVITIES ............................................................................. 138,876 140,751 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –46,700 

Foreign currency fluctuations ........................................................... [–12,500 ] 

Unobligated balances ........................................................................ [–34,200 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –46,700 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ........................................................................................ 4,116,256 4,098,911 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

010 AIRCRAFT OPERATIONS ............................................................ 2,498,675 2,498,675 

020 MISSION SUPPORT OPERATIONS ............................................ 656,714 796,394 

Military technician (dual status) end strength ................................. [139,680 ] 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 1,171,901 1,171,901 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 370,188 370,188 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 1,280,003 1,280,003 

060 BASE SUPPORT ............................................................................. 1,089,579 1,089,579 

070 CYBERSPACE SUSTAINMENT ................................................... 19,708 19,708 

080 CYBERSPACE ACTIVITIES ......................................................... 49,476 49,476 

SUBTOTAL OPERATING FORCES .................................... 7,136,244 7,275,924 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

090 ADMINISTRATION ........................................................................ 68,417 68,417 

100 RECRUITING AND ADVERTISING ............................................ 49,033 72,433 

Recruiting and advertising increase .................................................. [23,400 ] 

SUBTOTAL ADMINISTRATION AND SERVICE-WIDE 

ACTIVITIES ............................................................................. 117,450 140,850 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –46,200 

Foreign currency fluctuations ........................................................... [–24,300 ] 
1518 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

Unobligated balances ........................................................................ [–21,900 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –46,200 

TOTAL OPERATION & MAINTENANCE, ANG .............. 7,253,694 7,370,574 

OPERATION AND MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .......................................................... 461,370 457,770 

Unobligated balances ........................................................................ [–3,600 ] 

020 JOINT CHIEFS OF STAFF—JTEEP .......................................... 701,081 701,081 

030 JOINT CHIEFS OF STAFF—CYBER ......................................... 8,210 8,210 

040 OFFICE OF THE SECRETARY OF DEFENSE—MISO ........... 252,480 252,480 

060 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES .................................................................... 2,012,953 2,012,953 

070 SPECIAL OPERATIONS COMMAND MAINTENANCE ............ 1,210,930 1,206,930 

MQ–9 Unmanned Aerial Vehicle unjustified increase ...................... [–4,000 ] 

080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS .................................................... 202,574 202,574 

090 SPECIAL OPERATIONS COMMAND THEATER FORCES ...... 3,346,004 3,351,004 

Special Operations Forces cyber training ......................................... [5,000 ] 

100 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES ............................................................................................. 49,757 49,757 

110 SPECIAL OPERATIONS COMMAND INTELLIGENCE ........... 1,391,402 1,391,402 

120 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT ............................................................................................ 1,438,967 1,438,967 

130 CYBERSPACE OPERATIONS ...................................................... 1,318,614 1,328,614 

Modernization of Department of Defense Internet Gateway Cyber 

Defense .......................................................................................... [10,000 ] 

140 USCYBERCOM HEADQUARTERS .............................................. 332,690 332,690 

SUBTOTAL OPERATING FORCES .................................... 12,727,032 12,734,432 

TRAINING AND RECRUITING 

150 DEFENSE ACQUISITION UNIVERSITY ................................... 183,342 183,342 

160 JOINT CHIEFS OF STAFF .......................................................... 118,172 118,172 

170 SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION ...................................................... 33,855 33,855 

SUBTOTAL TRAINING AND RECRUITING ................... 335,369 335,369 

ADMIN & SRVWIDE ACTIVITIES 

180 CIVIL MILITARY PROGRAMS ..................................................... 142,240 139,740 

Unobligated balances ........................................................................ [–2,500 ] 

190 DEFENSE CONTRACT AUDIT AGENCY—CYBER .................. 4,870 4,870 

200 DEFENSE CONTRACT AUDIT AGENCY ................................... 667,943 665,243 

Unobligated balances ........................................................................ [–2,700 ] 

210 DEFENSE CONTRACT MANAGEMENT AGENCY ................... 1,567,119 1,551,619 

Unobligated balances ........................................................................ [–15,500 ] 

220 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER .. 30,279 20,279 

Cybersecurity Maturity Model Certification program reduction ...... [–10,000 ] 

230 DEFENSE COUNTERINTELLIGENCE AND SECURITY 

AGENCY ...................................................................................... 1,062,123 1,062,123 

250 DEFENSE COUNTERINTELLIGENCE AND SECURITY 

AGENCY—CYBER ...................................................................... 9,835 9,835 

260 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER ........... 27,517 27,517 

270 DEFENSE HUMAN RESOURCES ACTIVITY ............................ 1,033,789 1,033,789 

300 DEFENSE INFORMATION SYSTEMS AGENCY ...................... 2,567,698 2,557,798 

Unobligated balances ........................................................................ [–9,900 ] 

310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER ..... 526,893 526,893 

320 DEFENSE LEGAL SERVICES AGENCY .................................... 241,779 219,379 

Unobligated balances ........................................................................ [–22,400 ] 

330 DEFENSE LOGISTICS AGENCY ................................................. 446,731 446,731 

340 DEFENSE MEDIA ACTIVITY ...................................................... 246,840 246,840 

360 DEFENSE POW/MIA OFFICE ..................................................... 195,959 195,959 

370 DEFENSE SECURITY COOPERATION AGENCY .................... 2,379,100 2,389,100 

Irregular Warfare Functional Center ............................................... [10,000 ] 

380 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ... 41,722 41,722 

390 DEFENSE THREAT REDUCTION AGENCY ............................ 984,272 984,272 

410 DEFENSE THREAT REDUCTION AGENCY—CYBER ............ 70,548 70,548 

420 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ......... 3,451,625 3,531,625 

Impact Aid ........................................................................................ [50,000 ] 

Impact Aid for children with severe disabilities ............................... [30,000 ] 
1519 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

430 MISSILE DEFENSE AGENCY ..................................................... 564,078 564,078 

440 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION ................................................................................ 118,216 138,216 

Defense Manufacturing Community Support Program .................... [20,000 ] 

480 OFFICE OF THE SECRETARY OF DEFENSE—CYBER ........ 92,176 92,176 

490 OFFICE OF THE SECRETARY OF DEFENSE ........................ 2,676,416 2,718,116 

Bien Hoa dioxin cleanup ................................................................... [15,000 ] 

Centers for Disease Control and Prevention Nation-wide human 

health assessment .......................................................................... [5,000 ] 

Readiness and Environmental Protection Integration program ....... [20,200 ] 

United States Telecommunications Training Institute .................... [1,500 ] 

530 WASHINGTON HEADQUARTERS SERVICES .......................... 440,947 440,947 

999 CLASSIFIED PROGRAMS ............................................................ 20,114,447 20,114,447 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .............. 39,705,162 39,793,862 

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ........................................................................... 52,767,563 52,863,663 

UNDISTRIBUTED 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

997 UNDISTRIBUTED ......................................................................... 0 –51,000 

Program reduction—USSOCOM ...................................................... [–51,000 ] 

998 UNDISTRIBUTED ......................................................................... 0 –15,000 

Unobligated balances ........................................................................ [–15,000 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –66,000 

TOTAL OPERATION & MAINTENANCE, DEFENSEWIDE ........................................................................................... 0 –66,000 

MISCELLANEOUS APPROPRIATIONS 

US COURT OF APPEALS FOR THE ARMED 

FORCES, DEF 

010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ......................................................................................... 16,620 16,620 

SUBTOTAL US COURT OF APPEALS FOR THE 

ARMED FORCES, DEF ........................................................ 16,620 16,620 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 16,620 16,620 

MISCELLANEOUS APPROPRIATIONS 

OVERSEAS HUMANITARIAN, DISASTER, AND 

CIVIC AID 

010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ... 114,900 114,900 

SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID ..................................................... 114,900 114,900 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 114,900 114,900 

MISCELLANEOUS APPROPRIATIONS 

COOPERATIVE THREAT REDUCTION ACCOUNT 

010 COOPERATIVE THREAT REDUCTION ..................................... 350,999 350,999 

SUBTOTAL COOPERATIVE THREAT REDUCTION 

ACCOUNT ................................................................................. 350,999 350,999 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 350,999 350,999 

MISCELLANEOUS APPROPRIATIONS 

ACQUISITION WORKFORCE DEVELOPMENT 

010 ACQ WORKFORCE DEV FD ........................................................ 54,977 54,977 

SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT ......................................................................................... 54,977 54,977 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 54,977 54,977 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, ARMY 

050 ENVIRONMENTAL RESTORATION, ARMY .............................. 198,760 198,760 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

ARMY .......................................................................................... 198,760 198,760 
1520 

†S 2226 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 198,760 198,760 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, NAVY 

060 ENVIRONMENTAL RESTORATION, NAVY .............................. 335,240 335,240 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

NAVY .......................................................................................... 335,240 335,240 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 335,240 335,240 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, AIR FORCE 

070 ENVIRONMENTAL RESTORATION, AIR FORCE .................... 349,744 349,744 

SUBTOTAL ENVIRONMENTAL RESTORATION, AIR 

FORCE ....................................................................................... 349,744 349,744 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 349,744 349,744 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, DEFENSE 

080 ENVIRONMENTAL RESTORATION, DEFENSE ...................... 8,965 8,965 

SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE ........................................................................................ 8,965 8,965 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 8,965 8,965 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES 

090 ENVIRONMENTAL RESTORATION FORMERLY USED 

SITES ........................................................................................... 232,806 232,806 

SUBTOTAL ENVIRONMENTAL RESTORATION 

FORMERLY USED SITES .................................................. 232,806 232,806 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 232,806 232,806 

TOTAL OPERATION & MAINTENANCE .......................... 293,043,843 291,746,996 

1 TITLE XLIV—MILITARY 

2 PERSONNEL 

3 SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2024 

Request 

Senate 

Authorized 

MILITARY PERSONNEL 

MILITARY PERSONNEL APPROPRIATIONS 

MILITARY PERSONNEL APPROPRIATIONS ..................... 168,320,510 166,779,670 

Air Force end strength underexecution ...................................... [–564,000 ] 

Air National Guard AGR end strength underexecution ............. [–45,600 ] 

Air National Reserve AGR end strength underexecution ........... [–8,040 ] 

Navy end strength underexecution ............................................. [–600,000 ] 

Unobligated balances .................................................................. [–323,200 ] 

SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS ........................................................................ 168,320,510 166,779,670 

MEDICARE-ELIGIBLE RETIREE HEALTH CARE 

FUND CONTRIBUTIONS 

MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND 

CONTRIBUTIONS ................................................................ 10,553,456 10,553,456 
1521 

†S 2226 ES

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2024 

Request 

Senate 

Authorized 

SUBTOTAL MEDICARE-ELIGIBLE RETIREE 

HEALTH CARE FUND CONTRIBUTIONS ............. 10,553,456 10,553,456 

TOTAL MILITARY PERSONNEL .................................. 178,873,966 177,333,126 

1 TITLE XLV—OTHER 

2 AUTHORIZATIONS 

3 SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND 

WORKING CAPITAL FUND, ARMY 

010 INDUSTRIAL OPERATIONS .................................................................. 27,551 27,551 

020 SUPPLY MANAGEMENT—ARMY ......................................................... 1,662 1,662 

SUBTOTAL WORKING CAPITAL FUND, ARMY ..................... 29,213 29,213 

WORKING CAPITAL FUND, AIR FORCE 

020 SUPPLIES AND MATERIALS ................................................................ 83,587 83,587 

SUBTOTAL WORKING CAPITAL FUND, AIR FORCE ......... 83,587 83,587 

NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 

010 DEFENSE STOCKPILE .......................................................................... 7,629 7,629 

SUBTOTAL NATIONAL DEFENSE STOCKPILE TRANSACTION FUND .................................................................................. 7,629 7,629 

WORKING CAPITAL FUND, DEFENSE-WIDE 

010 DEFENSE AUTOMATION & PRODUCTION SERVICES ................... 4 4 

040 ENERGY MANAGEMENT—DEF ........................................................... 114,663 114,663 

SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 114,667 114,667 

WORKING CAPITAL FUND, DECA 

010 WORKING CAPITAL FUND, DECA ...................................................... 1,447,612 1,447,612 

SUBTOTAL WORKING CAPITAL FUND, DECA ..................... 1,447,612 1,447,612 

TOTAL WORKING CAPITAL FUND ............................................. 1,682,708 1,682,708 

CHEM AGENTS & MUNITIONS DESTRUCTION 

OPERATION & MAINTENANCE 

1 CHEM DEMILITARIZATION—O&M ..................................................... 89,284 89,284 

SUBTOTAL OPERATION & MAINTENANCE ........................... 89,284 89,284 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

2 CHEM DEMILITARIZATION—RDT&E ................................................ 1,002,560 1,002,560 

SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION ................................................................................... 1,002,560 1,002,560 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION .... 1,091,844 1,091,844 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTRDCTN 

010 COUNTER-NARCOTICS SUPPORT ....................................................... 643,848 643,848 

SUBTOTAL DRUG INTRDCTN ...................................................... 643,848 643,848 

DRUG DEMAND REDUCTION PROGRAM 

020 DRUG DEMAND REDUCTION PROGRAM .......................................... 134,313 134,313 

SUBTOTAL DRUG DEMAND REDUCTION PROGRAM ....... 134,313 134,313 

NATIONAL GUARD COUNTER-DRUG PROGRAM 

030 NATIONAL GUARD COUNTER-DRUG PROGRAM ............................ 102,272 102,272 
1522 

†S 2226 ES

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2024 

Request 

Senate 

Authorized 

SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM ................................................................................................... 102,272 102,272 

NATIONAL GUARD COUNTER-DRUG SCHOOLS 

040 NATIONAL GUARD COUNTER-DRUG SCHOOLS ............................. 5,993 5,993 

SUBTOTAL NATIONAL GUARD COUNTER-DRUG 

SCHOOLS ........................................................................................... 5,993 5,993 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ........................................................................................... 886,426 886,426 

OFFICE OF THE INSPECTOR GENERAL 

OFFICE OF THE INSPECTOR GENERAL 

010 OPERATION AND MAINTENANCE ...................................................... 518,919 518,919 

020 OPERATION AND MAINTENANCE ...................................................... 1,948 1,948 

030 RDT&E ....................................................................................................... 3,400 3,400 

040 PROCUREMENT ...................................................................................... 1,098 1,098 

SUBTOTAL OFFICE OF THE INSPECTOR GENERAL ........ 520,867 520,867 

SUBTOTAL OFFICE OF THE INSPECTOR GENERAL ........ 3,400 3,400 

SUBTOTAL OFFICE OF THE INSPECTOR GENERAL ........ 1,098 1,098 

TOTAL OFFICE OF THE INSPECTOR GENERAL ................. 525,365 525,365 

DEFENSE HEALTH PROGRAM 

OPERATION & MAINTENANCE 

010 IN-HOUSE CARE ..................................................................................... 10,044,342 10,044,342 

020 PRIVATE SECTOR CARE ....................................................................... 19,893,028 19,893,028 

030 CONSOLIDATED HEALTH SUPPORT ................................................ 2,007,012 2,007,012 

040 INFORMATION MANAGEMENT ........................................................... 2,327,816 2,327,816 

050 MANAGEMENT ACTIVITIES ................................................................. 347,446 347,446 

060 EDUCATION AND TRAINING ............................................................... 336,111 336,111 

070 BASE OPERATIONS/COMMUNICATIONS ........................................... 2,144,551 2,144,551 

SUBTOTAL OPERATION & MAINTENANCE ........................... 37,100,306 37,100,306 

RDT&E 

080 R&D RESEARCH ...................................................................................... 40,311 40,311 

090 R&D EXPLORATRY DEVELOPMENT .................................................. 178,892 178,892 

100 R&D ADVANCED DEVELOPMENT ...................................................... 327,040 327,040 

110 R&D DEMONSTRATION/VALIDATION ................................................ 172,351 172,351 

120 R&D ENGINEERING DEVELOPMENT ................................................ 107,753 107,753 

130 R&D MANAGEMENT AND SUPPORT .................................................. 87,096 87,096 

140 R&D CAPABILITIES ENHANCEMENT ................................................ 18,330 18,330 

SUBTOTAL RDT&E ............................................................................ 931,773 931,773 

PROCUREMENT 

150 PROC INITIAL OUTFITTING ................................................................ 22,344 22,344 

160 PROC REPLACEMENT & MODERNIZATION ..................................... 238,435 238,435 

170 PROC JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM ........................................................................................................ 29,537 29,537 

180 PROC MILITARY HEALTH SYSTEM—DESKTOP TO 

DATACENTER ...................................................................................... 74,055 74,055 

190 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ........................................................................................ 17,510 17,510 

SUBTOTAL PROCUREMENT ......................................................... 381,881 381,881 

TOTAL DEFENSE HEALTH PROGRAM .................................... 38,413,960 38,413,960 

TOTAL OTHER AUTHORIZATIONS ............................................ 42,600,303 42,600,303 
1523 

†S 2226 ES

1 TITLE XLVI—MILITARY 

2 CONSTRUCTION 

3 SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

MILITARY CONSTRUCTION 

ARMY 

Alabama 

Army Anniston Army Depot OPEN STORAGE (P&D) 0 270 

Army Redstone Arsenal SUBSTATION 50,000 50,000 

Alaska 

Army Fort Wainwright COST TO COMPLETE: ENLISTED UNACCOMPANIED PERS HSG 34,000 34,000 

Army Fort Wainwright SOLDER PERFORMANCE READINESS 

CENTER (P&D) 

0 7,900 

Georgia 

Army Fort Eisenhower CYBER INSTRUCTIONAL FACILITY 

(CLASSROOMS) 

163,000 73,000 

Germany 

Army Grafenwoehr AUTOMATED MULTIPURPOSE MACHINE GUN RANGE 10,400 10,400 

Army Hohenfels SIMULATIONS CENTER 56,000 56,000 

Hawaii 

Army Aliamanu Military Reservation WATER STORAGE TANK 20,000 20,000 

Army Fort Shafter CLEARWELL AND BOOSTER PUMP 0 23,000 

Army Helemano Military Reservation WELLS AND STORAGE TANK 0 33,000 

Army Schofield Barracks ELEVATED TANK AND DISTRIBUTION 

LINE 

0 21,000 

Army Schofield Barracks WATER STORAGE TANK 0 16,000 

Army Wheeler Army Airfield AIR TRAFFIC CONTROL TOWER (P&D) 0 5,400 

Indiana 

Army Crane Army Ammunition Plant EARTH COVERED MAGAZINES (P&D) 0 1,195 

Kansas 

Army Fort Riley AIR TRAFFIC CONTROL TOWER (P&D) 0 1,600 

Army Fort Riley AIRCRAFT MAINTENANCE HANGER 105,000 105,000 

Kentucky 

Army Blue Grass Army Depot SMALL ARMS MODERNIZATION (P&D) 0 3,300 

Army Fort Campbell AIR TRAFFIC CONTROL TOWER (P&D) 0 2,500 

Army Fort Campbell MULTIPURPOSE TRAINING RANGE 38,000 38,000 

Army Fort Knox MIDDLE SCHOOL ADDITION (P&D) 0 6,600 

Kwajalein 

Army Kwajalein Atoll COST TO COMPLETE: PIER 0 15,000 

Louisiana 

Army Fort Johnson MULTIPURPOSE ATHLETIC FIELD 0 13,400 

Massachusetts 

Army Soldier Systems Center 

Natick 

BARRACKS ADDITION 18,500 18,500 

Michigan 

Army Detroit Arsenal GROUND TRANSPORT EQUIPMENT 

BUILDING 

72,000 72,000 

New Mexico 

Army White Sands Missile 

Range 

J-DETC DIRECTED ENERGY FACILITY 

(P&D) 

0 5,500 

New York 

Army Watervliet Arsenal TANK FARM (P&D) 0 160 

North Carolina 

Army Fort Liberty AUTOMATED RECORD FIRE RANGE 19,500 19,500 

Army Fort Liberty BARRACKS 50,000 50,000 

Army Fort Liberty BARRACKS (FACILITY PROTOTYPING) 85,000 85,000 

Oklahoma 

Army McAlester Army Ammunition Plant WATER TREATMENT PLANT (P&D) 0 1,194 

Pennsylvania 

Army Letterkenny Army 

Depot 

ANECHOIC CHAMBER (P&D) 0 275 

Army Letterkenny Army 

Depot 

GUIDED MISSILE MAINTENANCE 

BUILDING 

89,000 89,000 

Army Tobyhanna Army Depot HELIPAD (P&D) 0 311 

Army Tobyhanna Army Depot RADAR MAINTENANCE SHOP (P&D) 0 259 

Poland 

Army Various Locations PLANNING & DESIGN 0 25,710 
1524 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

South Carolina 

Army Fort Jackson COST TO COMPLETE: RECEPTION BARRACKS COMPLEX, PHASE 2 0 66,000 

Texas 

Army Fort Bliss RAIL YARD 74,000 74,000 

Army Fort Cavazos BARRACKS (P&D) 0 20,000 

Army Fort Cavazos TACTICAL EQUIPMENT MAINTENANCE 

FACILITIES (P&D) 

0 5,800 

Army Red River Army Depot COMPONENT REBUILD SHOP 113,000 46,400 

Army Red River Army Depot NON-DESTRUCTIVE TESTING FACILITY 

(P&D) 

0 280 

Army Red River Army Depot STANDBY GENERATOR (P&D) 0 270 

Virginia 

Army Fort Belvoir EQUINE TRAINING FACILITY (P&D) 0 4,000 

Washington 

Army Joint Base LewisMcChord BARRACKS 100,000 100,000 

Army Joint Base LewisMcChord VEHICLE MAINTENANCE SHOP (P&D) 0 7,500 

Worldwide Unspecified 

Army Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 50,000 

Army Unspecified Worldwide 

Locations 

HOST NATION SUPPORT 26,000 26,000 

Army Unspecified Worldwide 

Locations 

MINOR CONSTRUCTION 76,280 76,280 

Army Unspecified Worldwide 

Locations 

PLANNING & DESIGN 270,875 270,875 

Subtotal Military Construction, Army ........................................................................ 1,470,555 1,651,379 

NAVY 

Australia 

Navy Royal Australian Air 

Force Base Darwin 

PDI: AIRCRAFT PARKING APRON (INC) 134,624 134,624 

California 

Navy Marine Corps Air 

Ground Combat Center Twentynine 

Palms 

COMMUNICATIONS TOWERS 42,100 42,100 

Navy Port Hueneme LABORATORY COMPOUND FACILITIES 

IMPROVEMENTS 

110,000 15,000 

Connecticut 

Navy Naval Submarine Base 

New London 

SUBMARINE PIER 31 EXTENSION 112,518 36,718 

Navy Naval Submarine Base 

New London 

WEAPONS MAGAZINE & ORDNANCE OPERATIONS FAC. 219,200 19,200 

District of Columbia 

Navy Marine Barracks Washington BACHELOR ENLISTED QUARTERS & 

SUPPORT FACILITY 

131,800 16,800 

Djibouti 

Navy Camp Lemonnier ELECTRICAL POWER PLANT 0 20,000 

Florida 

Navy Naval Air Station Whiting Field AHTS HANGAR 0 50,000 

Guam 

Navy Andersen Air Force 

Base 

PDI: CHILD DEVELOPMENT CENTER 105,220 55,220 

Navy Andersen Air Force 

Base 

PDI: JOINT CONSOL. COMM. CENTER 

(INC) 

107,000 107,000 

Navy Joint Region Marianas PDI: JOINT COMMUNICATION UPGRADE (INC) 292,830 31,330 

Navy Joint Region Marianas PDI: MISSILE INTEGRATION TEST FACILITY 174,540 44,540 

Navy Naval Base Guam PDI: 9TH ESB TRAINING COMPLEX 23,380 23,380 

Navy Naval Base Guam PDI: ARTILLERY BATTERY FACILITIES 137,550 67,550 

Navy Naval Base Guam PDI: CONSOLIDATED MEB HQ/NCIS 

PHII 

19,740 19,740 

Navy Naval Base Guam PDI: RECREATION CENTER 34,740 34,740 

Navy Naval Base Guam PDI: RELIGIOUS MINISTRY SERVICES 

FACILITY 

46,350 46,350 

Navy Naval Base Guam PDI: SATELLITE COMMUNICATIONS 

FACILITY (INC) 

166,159 56,159 

Navy Naval Base Guam PDI: TRAINING CENTER 89,640 89,640 

Hawaii 

Navy Joint Base Pearl Harbor-Hickam DRY DOCK 3 REPLACEMENT (INC) 1,318,711 1,318,711 

Navy Joint Base Pearl Harbor-Hickam 

WATERFRONT PRODUCTION FACILITY 

(P&D) 

0 60,000 
1525 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Navy Marine Corps Base 

Kaneohe Bay 

WATER RECLAMATION FACILITY COMPLIANCE UPGRADE 0 40,000 

Italy 

Navy Naval Air Station 

Sigonella 

EDI: ORDNANCE MAGAZINES 77,072 77,072 

Maine 

Navy Portsmouth Naval 

Shipyard 

MULTI-MISSION DRYDOCK #1 EXTENSION (INC) 544,808 544,808 

Maryland 

Navy Fort Meade CYBERSECURITY OPERATIONS FACILITY 186,480 60,580 

Navy Naval Air Station Patuxent River AIRCRAFT DEVELOPMENT AND MAINTENANCE FACILITIES 141,700 62,000 

North Carolina 

Navy Marine Corps Air Station Cherry Point 2D LAAD MAINTENANCE AND OPERATIONS FACILITIES 0 50,000 

Navy Marine Corps Air Station Cherry Point AIRCRAFT MAINTENANCE HANGAR 

(INC) 

19,529 19,529 

Navy Marine Corps Air Station Cherry Point MAINTENANCE FACILITY & MARINE 

AIR GROUP HQS 

125,150 40,150 

Navy Marine Corps Base 

Camp Lejeune 

10TH MARINES MAINTENANCE & OPERATIONS COMPLEX 0 20,000 

Navy Marine Corps Base 

Camp Lejeune 

CORROSION REPAIR FACILITY REPLACEMENT 0 20,000 

Pennsylvania 

Navy Naval Surface Warfare 

Center Philadelphia 

AI MACHINERY CONTROL DEVELOPMENT CENTER 0 88,200 

Virginia 

Navy Dam Neck Annex MARITIME SURVEILLANCE SYSTEM 

FACILITY 

109,680 109,680 

Navy Joint Expeditionary 

Base Little Creek— 

Fort Story 

CHILD DEVELOPMENT CENTER 35,000 35,000 

Navy Marine Corps Base 

Quantico 

WATER TREATMENT PLANT 127,120 37,120 

Navy Naval Station Norfolk CHILD DEVELOPMENT CENTER 43,600 43,600 

Navy Naval Station Norfolk MQ–25 AIRCRAFT LAYDOWN FACILITIES 114,495 11,495 

Navy Naval Station Norfolk SUBMARINE PIER 3 (INC) 99,077 99,077 

Navy Naval Weapons Station 

Yorktown 

WEAPONS MAGAZINES 221,920 46,920 

Navy Norfolk Naval Shipyard DRY DOCK SALTWATER SYSTEM FOR 

CVN–78 (INC) 

81,082 81,082 

Washington 

Navy Naval Base Kitsap ALTERNATE POWER TRANSMISSION 

LINE 

0 19,000 

Navy Naval Base Kitsap ARMORED FIGHTING VEHICLE SUPPORT FACILITY 0 31,000 

Navy Naval Base Kitsap SHIPYARD ELECTRICAL BACKBONE 195,000 15,000 

Worldwide Unspecified 

Navy Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 75,000 

Navy Unspecified Worldwide INDOPACOM PLANNING & DESIGN 0 69,000 

Navy Unspecified Worldwide SIOP (P&D) 0 50,000 

Navy Unspecified Worldwide 

Locations 

PLANNING & DESIGN 578,942 578,942 

Navy Unspecified Worldwide 

Locations 

PLANNING & DESIGN 21,000 21,000 

Navy Unspecified Worldwide 

Locations 

UNSPECIFIED MINOR CONSTRUCTION 34,430 34,430 

Subtotal Military Construction, Navy ......................................................................... 6,022,187 4,668,487 

AIR FORCE 

Alaska 

Air Force Eielson Air Force Base CONSOLIDATED MUNITIONS COMPLEX 

(P&D) 

0 1,200 

Air Force Eielson Air Force Base JOINT PACIFIC ALASKA RANGE COMPLEX (JPARC) OPS FACILITY (P&D) 0 1,100 

Air Force Joint Base ElmendorfRichardson EXTEND RUNWAY 16/34 (INC 3) 107,500 107,500 

Air Force Joint Base ElmendorfRichardson PRECISION GUIDED MISSILE COMPLEX 

(P&D) 

0 6,100 

Arizona 

Air Force Luke Air Force Base GILA BEND (P&D) 0 2,600 

Australia 

Air Force Royal Australian Air 

Force Base Darwin 

PDI: SQUADRON OPERATIONS FACILITY 26,000 26,000 

Air Force Royal Australian Air 

Force Base Tindal 

PDI: AIRCRAFT MAINTENANCE SUPPORT FACILITY 17,500 17,500 
1526 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Air Force Royal Australian Air 

Force Base Tindal 

PDI: SQUADRON OPERATIONS FACILITY 20,000 20,000 

Air Force Royal Australian Air 

Force Base Tindal 

PDI: BOMBER APRON 93,000 93,000 

Florida 

Air Force MacDill Air Force Base KC–46A ADAL AIRCRAFT CORROSION 

CONTROL 

25,000 25,000 

Air Force MacDill Air Force Base KC–46A ADAL AIRCRAFT MAINTENANCE HANGAR 27,000 27,000 

Air Force MacDill Air Force Base KC–46A ADAL APRON & HYDRANT 

FUELING PITS 

61,000 61,000 

Air Force MacDill Air Force Base KC–46A ADAL FUEL SYSTEM MAINTENANCE DOCK 18,000 18,000 

Air Force Patrick Space Force 

Base 

COMMERCIAL VEHICLE INSPECTION 15,000 15,000 

Air Force Patrick Space Force 

Base 

COST TO COMPLETE: CONSOLIDATED 

COMMUNICATIONS CENTER 

15,000 15,000 

Air Force Patrick Space Force 

Base 

FINAL DENIAL BARRIERS, SOUTH 

GATE 

12,000 12,000 

Air Force Tyndall Air Force Base NATURAL DISASTER RECOVERY 0 252,000 

Georgia 

Air Force Robins Air Force Base BATTLE MANAGEMENT COMBINED OPERATIONS COMPLEX 115,000 115,000 

Guam 

Air Force Joint Region Marianas PDI: NORTH AIRCRAFT PARKING RAMP 

(INC) 

109,000 109,000 

Japan 

Air Force Kadena Air Base PDI: HELO RESCUE OPS MAINTENANCE HANGAR (INC 3) 46,000 46,000 

Air Force Kadena Air Base PDI: THEATER A/C CORROSION CONTROL CTR (INC) 42,000 42,000 

Louisiana 

Air Force Barksdale Air Force 

Base 

CHILD DEVELOPMENT CENTER (P&D) 0 2,000 

Air Force Barksdale Air Force 

Base 

DORMITORY (P&D) 0 7,000 

Air Force Barksdale Air Force 

Base 

WEAPONS GENERATION FACILITY (INC 

3) 

112,000 112,000 

Mariana Islands 

Air Force Tinian PDI: AIRFIELD DEVELOPMENT, PHASE 

1 (INC 3) 

26,000 26,000 

Air Force Tinian PDI: FUEL TANKS W/PIPELINE & HYDRANT (INC 3) 20,000 20,000 

Air Force Tinian PDI: PARKING APRON (INC 3) 32,000 32,000 

Massachusetts 

Air Force Hanscom Air Force 

Base 

CHILD DEVELOPMENT CENTER 37,000 37,000 

Air Force Hanscom Air Force 

Base 

MIT-LINCOLN LAB (WEST LAB CSL/ 

MIF) (INC 4) 

70,000 70,000 

Mississippi 

Air Force Columbus Air Force 

Base 

T–7A GROUND BASED TRAINING SYSTEM FACILITY 30,000 30,000 

Air Force Columbus Air Force 

Base 

T–7A UNIT MAINTENANCE TRAINING 

FACILITY 

9,500 9,500 

Air Force Keesler Air Force Base AIR TRAFFIC CONTROL TOWER (P&D) 0 2,000 

Nebraska 

Air Force Offutt Air Force Base 55 CES MAINTENANCE/WAREHOUSE 

(P&D) 

0 4,500 

Air Force Offutt Air Force Base BASE OPERATIONS/MOBILITY CENTER 

(P&D) 

0 5,000 

Air Force Offutt Air Force Base LOGISTICS READINESS SQUADRON 

TRANSPORTATION FACILITY (P&D) 

0 3,500 

Nevada 

Air Force Nellis Air Force Base F–35 COALITION HANGAR (P&D) 0 5,500 

Air Force Nellis Air Force Base F–35 DATA LAB SUPPORT FACILITY 

(P&D) 

0 700 

New Mexico 

Air Force Cannon Air Force Base SATELLITE FIRE STATION (P&D) 0 5,000 

Air Force Kirtland Air Force 

Base 

COST TO COMPLETE: WYOMING GATE 

UPGRADE FOR ANTITERRORISM 

COMPLIANCE 

0 24,400 

Norway 

Air Force Rygge Air Station EDI: DABS-FEV STORAGE 88,000 88,000 

Air Force Rygge Air Station EDI: MUNITIONS STORAGE AREA 31,000 31,000 

Ohio 

Air Force Wright-Patterson Air 

Force Base 

ACQUISITION MANAGEMENT COMPLEX 

PHASE V (P&D) 

0 19,500 

Oklahoma 
1527 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Air Force Tinker Air Force Base KC–46 3–BAY DEPOT MAINTENANCE 

HANGAR (INC 3) 

78,000 78,000 

Air Force Vance Air Force Base CONSOLIDATED UNDERGRADUATE 

PILOT TRAINING CENTER (P&D) 

0 8,400 

Philippines 

Air Force Cesar Basa Air Base PDI: TRANSIENT AIRCRAFT PARKING 

APRON 

35,000 35,000 

South Dakota 

Air Force Ellsworth Air Force 

Base 

B–21 FUEL SYSTEM MAINTENANCE 

DOCK 

75,000 75,000 

Air Force Ellsworth Air Force 

Base 

B–21 PHASE HANGAR 160,000 160,000 

Air Force Ellsworth Air Force 

Base 

B–21 WEAPONS GENERATION FACILITY 

(INC) 

160,000 160,000 

Spain 

Air Force Moro ́n Air Base EDI: MUNITIONS STORAGE 26,000 26,000 

Texas 

Air Force Joint Base San Antonio-Lackland CHILD DEVELOPMENT CENTER 20,000 20,000 

United Kingdom 

Air Force Royal Air Force 

Fairford 

COST TO COMPLETE: EDI DABS-FEV 

STORAGE 

0 28,000 

Air Force Royal Air Force 

Fairford 

COST TO COMPLETE: EDI MUNITIONS 

HOLDING AREA 

0 20,000 

Air Force Royal Air Force 

Fairford 

EDI: RADR STORAGE FACILITY 47,000 47,000 

Air Force Royal Air Force 

Lakenheath 

EDI: RADR STORAGE FACILITY 28,000 28,000 

Air Force Royal Air Force 

Lakenheath 

SURETY DORMITORY 50,000 50,000 

Utah 

Air Force Hill Air Force Base F–35 T–7A EAST CAMPUS INFRASTRUCTURE 82,000 82,000 

Worldwide Unspecified 

Air Force Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 50,000 

Air Force Unspecified Worldwide 

Locations 

EDI: PLANNING & DESIGN 5,648 5,648 

Air Force Unspecified Worldwide 

Locations 

PLANNING & DESIGN 338,985 338,985 

Air Force Unspecified Worldwide 

Locations 

PLANNING & DESIGN 90,281 90,281 

Air Force Unspecified Worldwide 

Locations 

UNSPECIFIED MINOR MILITARY CONSTRUCTION 64,900 64,900 

Wyoming 

Air Force F.E. Warren Air Force 

Base 

COST TO COMPLETE: CONSOLIDATED 

HELO/TRF OPS/AMU AND ALERT FACILITY 

0 18,000 

Air Force F.E. Warren Air Force 

Base 

GBSD INTEGRATED COMMAND CENTER (INC 2) 27,000 27,000 

Air Force F.E. Warren Air Force 

Base 

GBSD INTEGRATED TRAINING CENTER 85,000 85,000 

Air Force F.E. Warren Air Force 

Base 

GBSD MISSILE HANDLING COMPLEX 

(INC 2) 

28,000 28,000 

Subtotal Military Construction, Air Force ................................................................ 2,605,314 3,071,814 

DEFENSE-WIDE 

Alabama 

Defense-Wide Redstone Arsenal GROUND TEST FACILITY INFRASTRUCTURE 147,975 77,975 

California 

Defense-Wide Marine Corps Air Station Miramar 

AMBULATORY CARE CENTER—DENTAL CLINIC ADD//ALT 103,000 20,600 

Defense-Wide Marine Corps Air Station Miramar ELECTRICAL INFRASTRUCTURE, ONSITE GENERATION, AND MICROGRID 

IMPROVEMENTS 

0 30,550 

Defense-Wide Monterey COST TO COMPLETE: COGEN PLANT AT 

B236 

0 5,460 

Defense-Wide Naval Base Coronado COST TO COMPLETE: ATC OPERATIONS 

SUPPORT FACILITY 

0 11,400 

Defense-Wide Naval Base Coronado SOF NAVAL SPECIAL WARFARE COMMAND OPERATIONS SUPPORT FACILITY, PHASE 2 

0 51,000 

Defense-Wide Naval Base San Diego AMBULATORY CARE CENTER—DENTAL CLINIC REPLMT 101,644 22,185 

Defense-Wide Naval Base San Diego MICROGRID AND BACKUP POWER 0 6,300 

Defense-Wide Naval Base Ventura 

County 

COST TO COMPLETE: GROUND MOUNTED SOLAR PV 0 16,840 
1528 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Defense-Wide Vandenberg Space 

Force Base 

MICROGRID WITH BACKUP POWER 0 57,000 

Colorado 

Defense-Wide Buckley Space Force 

Base 

REDUNDANT ELECTRICAL SUPPLY 0 9,000 

Defense-Wide Buckley Space Force 

Base 

REPLACEMENT WATER WELL 0 5,700 

Cuba 

Defense-Wide Guantanamo Bay Naval 

Station 

AMBULATORY CARE CENTER (INC 1) 60,000 60,000 

Delaware 

Defense-Wide Dover Air Force Base ARMED SERVICES WHOLE BLOOD 

PROCESSING LABORATORY 

0 30,500 

Djibouti 

Defense-Wide Camp Lemonnier COST TO COMPLETE: ENHANCE ENERGY SECURITY AND CONTROL SYSTEMS 

0 5,200 

Georgia 

Defense-Wide Naval Submarine Base 

Kings Bay 

ELECTRICAL TRANSMISSION AND DISTRIBUTION IMPROVEMENTS, PHASE 

2 

0 49,500 

Germany 

Defense-Wide Baumholder HUMAN PERFORMANCE TRAINING 

CENTER 

0 16,700 

Defense-Wide Baumholder SOF COMPANY OPERATIONS FACILITY 41,000 41,000 

Defense-Wide Baumholder SOF JOINT PARACHUTE RIGGING FACILITY 23,000 23,000 

Defense-Wide Kaiserslautern Air Base KAISERSLAUTERN MIDDLE SCHOOL 21,275 21,275 

Defense-Wide Ramstein Air Base RAMSTEIN MIDDLE SCHOOL 181,764 181,764 

Defense-Wide Rhine Ordnance Barracks MEDICAL CENTER REPLACEMENT (INC 

11) 

77,210 77,210 

Defense-Wide Stuttgart ROBINSON BARRACKS ELEM SCHOOL 

REPLACEMENT 

8,000 8,000 

Hawaii 

Defense-Wide Joint Base Pearl Harbor-Hickam COST TO COMPLETE: FY20 500 KW PV 

COVERED PARKING EV CHARGING 

STATION 

0 7,476 

Defense-Wide Joint Base Pearl Harbor-Hickam COST TO COMPLETE: PRIMARY ELECTRICAL DISTRIBUTION 0 13,040 

Honduras 

Defense-Wide Soto Cano Air Base FUEL FACILITIES 41,300 41,300 

Italy 

Defense-Wide Naples COST TO COMPLETE: SMART GRID 0 7,610 

Japan 

Defense-Wide Fleet Activities 

Yokosuka 

KINNICK HIGH SCHOOL (INC) 70,000 70,000 

Defense-Wide Kadena Air Base PDI SOF MAINTENANCE HANGAR 88,900 88,900 

Defense-Wide Kadena Air Base PDI: SOF COMPOSITE MAINTENANCE 

FACILITY 

11,400 11,400 

Kansas 

Defense-Wide Forbes Field MICROGRID AND BACKUP POWER 0 5,850 

Defense-Wide Fort Riley COST TO COMPLETE: POWER GENERATION AND MICROGRID 0 15,468 

Korea 

Defense-Wide K–16 Air Base K–16 EMERGENCY BACKUP POWER 0 5,650 

Kuwait 

Defense-Wide Camp Arifjan COST TO COMPLETE: POWER GENERATION AND MICROGRID 0 8,197 

Defense-Wide Camp Buehring MICROGRID AND BACKUP POWER 0 18,850 

Louisiana 

Defense-Wide Naval Air Station Joint 

Reserve Base New 

Orleans 

COST TO COMPLETE: DISTRIBUTION 

SWITCHGEAR 

0 6,453 

Maryland 

Defense-Wide Bethesda Naval Hospital MEDICAL CENTER ADDITION/ALTERATION (INC 7) 101,816 101,816 

Defense-Wide Fort Meade NSAW MISSION OPS AND RECORDS 

CENTER (INC) 

105,000 105,000 

Defense-Wide Fort Meade NSAW RECAP BUILDING 4 (INC) 315,000 315,000 

Defense-Wide Fort Meade NSAW RECAP BUILDING 5 (ECB 5) (INC) 65,000 65,000 

Defense-Wide Joint Base Andrews HYDRANT FUELING SYSTEM 38,300 38,300 

Missouri 

Defense-Wide Lake City Army Ammunition Plant MICROGRID AND BACKUP POWER 0 80,100 

Montana 

Defense-Wide Great Falls International Airport FUEL FACILITIES 30,000 30,000 

Nebraska 
1529 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Defense-Wide Offutt Air Force Base DEFENSE POW/MIA ACCOUNTABILITY 

AGENCY LABORATORY (P&D) 

0 5,000 

Defense-Wide Offutt Air Force Base MICROGRID AND BACKUP POWER 0 41,000 

North Carolina 

Defense-Wide Fort Liberty (Camp 

Mackall) 

MICROGRID AND BACKUP POWER 0 10,500 

Defense-Wide Marine Corps Base 

Camp Lejeune 

MARINE RAIDER BATTALION OPERATIONS FACILITY 0 70,000 

Oklahoma 

Defense-Wide Fort Sill MICROGRID AND BACKUP POWER 0 76,650 

Pennsylvania 

Defense-Wide Fort Indiantown Gap COST TO COMPLETE: GEOTHERMAL 

AND SOLAR PV 

0 9,250 

Puerto Rico 

Defense-Wide Fort Buchanan MICROGRID AND BACKUP POWER 0 56,000 

Defense-Wide Juana Dı ́az COST TO COMPLETE: MICROGRID CONTROLS, 690 KW PV, 275KW GEN, 570 

KWH BESS 

0 7,680 

Defense-Wide Ramey COST TO COMPLETE: MICROGRID CONTROL SYSTEM, 460 KW PV, 275KW 

GEN, 660 KWH BESS 

0 6,360 

Spain 

Defense-Wide Naval Station Rota BULK TANK FARM, PHASE 1 80,000 80,000 

Texas 

Defense-Wide Fort Cavazos COST TO COMPLETE: POWER GENERATION AND MICROGRID 

0 18,900 

Defense-Wide Fort Cavazos MICROGRID AND BACKUP POWER 0 18,250 

Utah 

Defense-Wide Hill Air Force Base OPEN STORAGE 14,200 14,200 

Virginia 

Defense-Wide Fort Belvoir DIA HEADQUARTERS ANNEX 185,000 25,000 

Defense-Wide Hampton Roads COST TO COMPLETE: BACKUP POWER 

GENERATION 

0 1,200 

Defense-Wide Joint Expeditionary 

Base Little Creek— 

Fort Story 

SOF SDVT2 OPERATIONS SUPPORT FACILITY 61,000 61,000 

Defense-Wide Fort Belvoir (NGA 

Campus East) 

COST TO COMPLETE: CHILLED WATER 

REDUNDANCY 

0 550 

Defense-Wide Pentagon HVAC EFFICIENCY UPGRADES 0 2,250 

Defense-Wide Pentagon SEC OPS AND PEDESTRIAN ACCESS 

FACS 

30,600 30,600 

Washington 

Defense-Wide Joint Base LewisMcChord POWER GENERATION AND MICROGRID 0 49,850 

Defense-Wide Joint Base LewisMcChord SOF CONSOLIDATED RIGGING FACILITY 62,000 62,000 

Defense-Wide Manchester BULK STORAGE TANKS, PHASE 2 71,000 71,000 

Defense-Wide Naval Undersea Warfare Center Keyport SOF COLD WATER TRAINING AUSTERE 

ENVIRONMENT FACILITY 

0 37,000 

Worldwide Unspecified 

Defense-Wide Unspecified Worldwide INDOPACOM UNSPECIFIED MINOR 

MILITARY CONSTRUCTION 

0 62,000 

Defense-Wide Unspecified Worldwide 

Locations 

ENERGY RESILIENCE AND CONSERV. 

INVEST. PROG. 

548,000 0 

Defense-Wide Unspecified Worldwide 

Locations 

ERCIP PLANNING & DESIGN 86,250 86,250 

Defense-Wide Unspecified Worldwide 

Locations 

EXERCISE RELATED MINOR CONSTRUCTION 11,107 11,107 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 49,610 49,610 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 32,579 32,579 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 30,215 30,215 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 25,130 25,130 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 24,000 24,000 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 8,568 8,568 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 3,068 3,068 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 2,000 2,000 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 1,035 1,035 

Defense-Wide Unspecified Worldwide 

Locations 

PLANNING & DESIGN 590 590 
1530 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Defense-Wide Unspecified Worldwide 

Locations 

UNSPECIFIED MINOR CONSTRUCTION 19,271 19,271 

Defense-Wide Unspecified Worldwide 

Locations 

UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000 

Defense-Wide Various Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 4,875 4,875 

Wyoming 

Defense-Wide F.E. Warren Air Force 

Base 

MICROGRID AND BATTERY STORAGE 0 25,000 

Subtotal Military Construction, Defense-Wide ........................................................ 2,984,682 3,006,107 

ARMY NATIONAL GUARD 

Alabama 

Army National Guard Fort McClellan COST TO COMPLETE: ENLISTED BARRACKS, TT 0 7,000 

Army National Guard Huntsville COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 4,650 

Arizona 

Army National Guard Surprise Readiness 

Center 

NATIONAL GUARD READINESS CENTER 15,000 15,000 

Arkansas 

Army National Guard Fort Chaffee COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 610 

California 

Army National Guard Bakersfield COST TO COMPLETE: VEHICLE MAINTENANCE SHOP 0 1,000 

Army National Guard Camp Roberts COST TO COMPLETE: AUTOMATED 

MULTIPURPOSE MACHINE GUN 

(MPMG) RANGE 

0 5,000 

Colorado 

Army National Guard Peterson Space Force 

Base 

COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 3,000 

Connecticut 

Army National Guard Putnam COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 6,125 

Florida 

Army National Guard Camp Blanding MULTIPURPOSE MACHINE GUN RANGE 0 11,000 

Guam 

Army National Guard Barrigada COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 6,900 

Idaho 

Army National Guard Jerome COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 1,250 

Army National Guard Jerome County Regional Site NATIONAL GUARD VEHICLE MAINTENANCE SHOP 17,000 17,000 

Illinois 

Army National Guard Bloomington COST TO COMPLETE: NATIONAL 

GUARD VEHICLE MAINTENANCE 

SHOP 

0 5,250 

Army National Guard North Riverside Armory NATIONAL GUARD VEHICLE MAINTENANCE SHOP 24,000 24,000 

Indiana 

Army National Guard Shelbyville COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER ADD/ 

ALT 

0 5,000 

Kansas 

Army National Guard Topeka COST TO COMPLETE: NATIONAL 

GUARD/RESERVE CENTER BUILDING 

0 5,856 

Kentucky 

Army National Guard Burlington VEHICLE MAINTENANCE SHOP 0 16,400 

Army National Guard Frankfort COST TO COMPLETE: NATIONAL 

GUARD/RESERVE CENTER BUILDING 

0 2,000 

Louisiana 

Army National Guard Camp Beauregard COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 2,400 

Army National Guard Camp Beauregard COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 2,000 

Army National Guard Camp Minden COST TO COMPLETE: COLLECTIVE 

TRAINING UNACCOMPANIED HOUSING, OPEN BAY 

0 3,718 

Maine 

Army National Guard Northern Maine Range 

Complex 

AUTOMATED MULTIPURPOSE MACHINE GUN RANGE (P&D) 0 2,800 

Army National Guard Saco COST TO COMPLETE: NATIONAL 

GUARD VEHICLE MAINTENANCE 

SHOP 

0 7,420 

Massachusetts 
1531 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Army National Guard Camp Edwards COST TO COMPLETE: AUTOMATED 

MULTIPURPOSE MACHINE GUN 

(MPMG) RANGE 

0 3,000 

Mississippi 

Army National Guard Camp Shelby CAMP SHELBY JFTC RAILHEAD EXPANSION (P&D) 0 2,200 

Army National Guard Camp Shelby COST TO COMPLETE: MANEUVER AREA 

TRAINING EQUIPMENT SITE ADDITION 

0 5,425 

Army National Guard Southaven NATIONAL GUARD READINESS CENTER 0 22,000 

Missouri 

Army National Guard Belle Fontaine NATIONAL GUARD READINESS CENTER 28,000 28,000 

Nebraska 

Army National Guard Bellevue COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 9,090 

Army National Guard Greenlief Training Site COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 1,200 

Army National Guard Mead Training Site COST TO COMPLETE: COLLECTIVE 

TRAINING UNACCOMPANIED HOUSING, OPEN BAY 

0 1,913 

Army National Guard North Platte COST TO COMPLETE: NATIONAL 

GUARD VEHICLE MAINTENANCE 

SHOP 

0 400 

New Hampshire 

Army National Guard Concord COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 200 

Army National Guard Littleton NATIONAL GUARD VEHICLE MAINTENANCE SHOP ADD 23,000 23,000 

New Jersey 

Army National Guard Joint Base McGuireDix-Lakehurst COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 605 

New Mexico 

Army National Guard Rio Rancho Training 

Site 

NATIONAL GUARD VEHICLE MAINTENANCE SHOP ADD 11,000 11,000 

New York 

Army National Guard Lexington Avenue Armory NATIONAL GUARD READINESS CENTER 0 70,000 

North Carolina 

Army National Guard Salisbury ARMY AVIATION SUPPORT FACILITIES 

(P&D) 

0 2,200 

North Dakota 

Army National Guard Camp Grafton INSTITUTIONAL POST-INITIAL MILITARY TRAINING, UNACCOMPANIED 

HOUSING (P&D) 

0 1,950 

Army National Guard Dickinson COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 5,425 

Ohio 

Army National Guard Camp Perry Joint 

Training Center 

NATIONAL GUARD READINESS CENTER 19,200 19,200 

Army National Guard Columbus COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 4,000 

Oklahoma 

Army National Guard Ardmore COST TO COMPLETE: VEHICLE MAINTENANCE SHOP 0 400 

Oregon 

Army National Guard Washington County 

Readiness Center 

NATIONAL GUARD READINESS CENTER 26,000 26,000 

Pennsylvania 

Army National Guard Hermitage Readiness 

Center 

NATIONAL GUARD READINESS CENTER 13,600 13,600 

Army National Guard Moon Township COST TO COMPLETE: COMBINED SUPPORT MAINTENANCE SHOP 0 3,100 

Puerto Rico 

Army National Guard Fort Allen COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 3,676 

Rhode Island 

Army National Guard Camp Fogarty Training 

Site 

COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 1,990 

Army National Guard North Kingstown NATIONAL GUARD READINESS CENTER 

0 30,000 

South Carolina 

Army National Guard Aiken County Readiness Center NATIONAL GUARD READINESS CENTER 20,000 20,000 

Army National Guard Joint Base Charleston COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 4,373 
1532 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Army National Guard McCrady Training Center AUTOMATED MULTIPURPOSE MACHINE GUN RANGE 7,900 7,900 

South Dakota 

Army National Guard Sioux Falls COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 5,250 

Tennessee 

Army National Guard Campbell Army Air 

Field 

ARMY AIR TRAFFIC CONTROL TOWERS 

(P&D) 

0 2,500 

Army National Guard McMinnville COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 500 

Texas 

Army National Guard Fort Cavazos GENERAL INSTRUCTION BUILDING 

(P&D) 

0 2,685 

Army National Guard Fort Worth COST TO COMPLETE: AIRCRAFT MAINTENANCE HANGAR ADD/ALT 0 6,489 

Army National Guard Fort Worth COST TO COMPLETE: NATIONAL 

GUARD VEHICLE MAINTENANCE 

SHOP 

0 381 

Utah 

Army National Guard Camp Williams COLLECTIVE TRAINING UNACCOMPANIED HOUSING, SENIOR NCO AND 

OFFICER (P&D) 

0 2,875 

Vermont 

Army National Guard Bennington COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER 

0 3,415 

Virgin Islands 

Army National Guard St. Croix COST TO COMPLETE: ARMY AVIATION 

SUPPORT FACILITY 

0 4,200 

Army National Guard St. Croix COST TO COMPLETE: READY BUILDING 0 1,710 

Virginia 

Army National Guard Sandston Rc & FMS 1 AIRCRAFT MAINTENANCE HANGAR 20,000 20,000 

Army National Guard Troutville COST TO COMPLETE: COMBINED SUPPORT MAINTENANCE SHOP ADDITION 

0 2,415 

Army National Guard Troutville COST TO COMPLETE: NATIONAL 

GUARD READINESS CENTER ADDITION 

0 2,135 

West Virginia 

Army National Guard Parkersburg NATIONAL GUARD READINESS CENTER (P&D) 0 3,300 

Wisconsin 

Army National Guard Viroqua NATIONAL GUARD READINESS CENTER 18,200 18,200 

Worldwide Unspecified 

Army National Guard Unspecified Worldwide 

Locations 

PLANNING & DESIGN 34,286 34,286 

Army National Guard Unspecified Worldwide 

Locations 

UNSPECIFIED MINOR CONSTRUCTION 63,000 63,000 

Subtotal Military Construction, Army National Guard ........................................ 340,186 650,567 

ARMY RESERVE 

Alabama 

Army Reserve Birmingham ARMY RESERVE CENTER/AMSA/LAND 57,000 57,000 

Arizona 

Army Reserve San Tan Valley AREA MAINTENANCE SUPPORT ACTIVITY 12,000 12,000 

California 

Army Reserve Camp Pendleton COST TO COMPLETE: AREA MAINTENANCE SUPPORT ACTIVITY 0 3,000 

Army Reserve Fort Hunter Liggett NETWORK ENTERPRISE CENTER 0 40,000 

Florida 

Army Reserve Perrine COST TO COMPLETE: ARMY RESERVE 

CENTER 

0 3,000 

North Carolina 

Army Reserve Asheville COST TO COMPLETE: ARMY RESERVE 

CENTER 

0 12,000 

Ohio 

Army Reserve Wright-Patterson Air 

Force Base 

COST TO COMPLETE: ARMY RESERVE 

CENTER 

0 5,000 

Worldwide Unspecified 

Army Reserve Unspecified Worldwide 

Locations 

PLANNING & DESIGN 23,389 23,389 

Army Reserve Unspecified Worldwide 

Locations 

UNSPECIFIED MINOR CONSTRUCTION 14,687 14,687 

Subtotal Military Construction, Army Reserve ....................................................... 107,076 170,076 
1533 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

NAVY RESERVE & MARINE CORPS RESERVE 

Michigan 

Navy Reserve & Marine Corps Reserve Battle Creek ORGANIC SUPPLY FACILITIES 24,549 24,549 

Virginia 

Navy Reserve & Marine Corps Reserve Marine Forces Reserve 

Dam Neck Virginia 

Beach 

G/ATOR SUPPORT FACILITIES 12,400 12,400 

Worldwide Unspecified 

Navy Reserve & Marine Corps Reserve Unspecified Worldwide 

Locations 

MCNR PLANNING & DESIGN 6,495 6,495 

Navy Reserve & Marine Corps Reserve Unspecified Worldwide 

Locations 

MCNR UNSPECIFIED MINOR CONSTRUCTION 7,847 7,847 

Subtotal Military Construction, Navy Reserve & Marine Corps Reserve ..... 51,291 51,291 

AIR NATIONAL GUARD 

Alabama 

Air National Guard Montgomery Regional 

Airport 

F–35 ADAL SQ OPS BLDG 1303 7,000 7,000 

Alaska 

Air National Guard Eielson Air Force Base AMC STANDARD DUAL BAY HANGAR 

(P&D) 

0 3,700 

Air National Guard Joint Base ElmendorfRichardson ADAL ALERT CREW FACILITY HGR 18 0 7,000 

Arizona 

Air National Guard Tucson International 

Airport 

MCCA: AIRCRAFT ARRESTING SYSTEM 

(NEW RWY) 

11,600 11,600 

Arkansas 

Air National Guard Ebbing Air National 

Guard Base 

3–BAY HANGAR 0 54,000 

Air National Guard Ebbing Air National 

Guard Base 

AIRCREW FLIGHT EQUIPMENT/STEP 0 9,300 

Air National Guard Ebbing Air National 

Guard Base 

SPECIAL ACCESS PROGRAM FACILITY 0 12,700 

Colorado 

Air National Guard Buckley Space Force 

Base 

AIRCRAFT CORROSION CONTROL 12,000 12,000 

Indiana 

Air National Guard Fort Wayne International Airport FIRE STATION 8,900 8,900 

Mississippi 

Air National Guard Field Air National 

Guard Base 

COST TO COMPLETE: 172ND AIRLIFT 

WING FIRE/CRASH RESCUE STATION 

0 8,000 

Missouri 

Air National Guard Rosecrans Air National 

Guard Base 

139TH AIRLIFT WING ENTRY CONTROL 

POINT (P&D) 

0 2,000 

Air National Guard Rosecrans Air National 

Guard Base 

ENTRY CONTROL POINT (P&D) 0 2,000 

Oregon 

Air National Guard Portland International 

Airport 

SPECIAL TACTICS COMPLEX, PHASE 1 22,000 22,000 

Air National Guard Portland International 

Airport 

SPECIAL TACTICS COMPLEX, PHASE 2 18,500 18,500 

Air National Guard Portland International 

Airport 

SPECIAL TACTICS COMPLEX, PHASE 3 0 20,000 

Air National Guard Portland International 

Airport 

SPECIAL TACTICS COMPLEX, PHASE 4 0 11,000 

Pennsylvania 

Air National Guard Harrisburg International Airport ENTRY CONTROL FACILITY 0 8,000 

Wisconsin 

Air National Guard Truax Field F–35: MM&I FAC, B701 0 5,200 

Air National Guard Volk Air National 

Guard Base 

FIRE/CRASH RESCUE STATION (P&D) 0 670 

Worldwide Unspecified 

Air National Guard Unspecified Worldwide 

Locations 

PLANNING & DESIGN 35,600 35,600 

Air National Guard Unspecified Worldwide 

Locations 

UNSPECIFIED MINOR CONSTRUCTION 63,122 63,122 

Subtotal Military Construction, Air National Guard ............................................ 178,722 322,292 

AIR FORCE RESERVE 

Arizona 

Air Force Reserve Davis-Monthan Air 

Force Base 

GUARDIAN ANGEL POTFF FACILITY 0 8,500 

California 
1534 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Air Force Reserve March Air Reserve 

Base 

KC–46 ADD/ALTER B1244 FUT/CARGO 

PALLET STORAGE 

17,000 17,000 

Air Force Reserve March Air Reserve 

Base 

KC–46 ADD/ALTER B6000 SIMULATOR 

FACILITY 

8,500 8,500 

Air Force Reserve March Air Reserve 

Base 

KC–46 TWO BAY MAINTENANCE/FUEL 

HANGAR 

201,000 201,000 

Guam 

Air Force Reserve Joint Region Marianas AERIAL PORT FACILITY 27,000 27,000 

Louisiana 

Air Force Reserve Barksdale Air Force 

Base 

307 BW MEDICAL FACILITY ADDITION 0 7,000 

Ohio 

Air Force Reserve Youngstown Air Reserve Station BASE FIRE STATION (P&D) 0 2,500 

Texas 

Air Force Reserve Naval Air Station Joint 

Reserve Base Fort 

Worth 

LRS WAREHOUSE 16,000 16,000 

Worldwide Unspecified 

Air Force Reserve Unspecified Worldwide 

Locations 

PLANNING & DESIGN 12,146 12,146 

Air Force Reserve Unspecified Worldwide 

Locations 

UNSPECIFIED MINOR MILITARY CONSTRUCTION 9,926 9,926 

Subtotal Military Construction, Air Force Reserve ............................................... 291,572 309,572 

NATO SECURITY INVESTMENT PROGRAM 

Worldwide Unspecified 

NATO NATO Security Investment Program NATO SECURITY INVESTMENT PROGRAM 293,434 293,434 

Subtotal NATO Security Investment Program ........................................................ 293,434 293,434 

INDOPACIFIC COMBATANT COMMAND 

Worldwide Unspecified 

MILCON, 

INDOPACOM 

Unspecified Worldwide 

Locations 

INDOPACOM MILITARY CONSTRUCTION 

PILOT PROGRAM 

0 150,000 

Subtotal Base Realignment and Closure—Defense-Wide ..................................... 0 150,000 

TOTAL INDOPACIFIC COMBATANT COMMAND .................................................. 0 150,000 

TOTAL MILITARY CONSTRUCTION .......................................................................... 14,345,019 14,345,019 

FAMILY HOUSING 

FAMILY HOUSING CONSTRUCTION, ARMY 

Georgia 

Fam Hsg Con, Army Fort Eisenhower FORT EISENHOWER MHPI EQUITY INVESTMENT 50,000 50,000 

Germany 

Fam Hsg Con, Army Baumholder FAMILY HOUSING NEW CONSTRUCTION 78,746 78,746 

Kwajalein 

Fam Hsg Con, Army Kwajalein Atoll FAMILY HOUSING REPLACEMENT CONSTRUCTION 98,600 98,600 

Missouri 

Fam Hsg Con, Army Fort Leonard Wood FORT LEONARD WOOD MHPI EQUITY 

INVESTMENT 

50,000 50,000 

Worldwide Unspecified 

Fam Hsg Con, Army Unspecified Worldwide 

Locations 

FAMILY HOUSING P&D 27,549 27,549 

Subtotal Family Housing Construction, Army ......................................................... 304,895 304,895 

FAMILY HOUSING O&M, ARMY 

Worldwide Unspecified 

Fam Hsg O&M, Army Unspecified Worldwide 

Locations 

FURNISHINGS 12,121 12,121 

Fam Hsg O&M, Army Unspecified Worldwide 

Locations 

HOUSING PRIVATIZATION SUPPORT 86,019 86,019 

Fam Hsg O&M, Army Unspecified Worldwide 

Locations 

LEASING 112,976 112,976 

Fam Hsg O&M, Army Unspecified Worldwide 

Locations 

MAINTENANCE 86,706 86,706 

Fam Hsg O&M, Army Unspecified Worldwide 

Locations 

MANAGEMENT 41,121 41,121 

Fam Hsg O&M, Army Unspecified Worldwide 

Locations 

MISCELLANEOUS 554 554 
1535 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Fam Hsg O&M, Army Unspecified Worldwide 

Locations 

SERVICES 7,037 7,037 

Fam Hsg O&M, Army Unspecified Worldwide 

Locations 

UTILITIES 38,951 38,951 

Subtotal Family Housing Operation And Maintenance, Army .......................... 385,485 385,485 

FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS 

Guam 

Fam Hsg Con, Navy 

& Marine Corps 

Joint Region Marianas REPLACE ANDERSEN HOUSING, PHASE 

8 

121,906 121,906 

Fam Hsg Con, Navy 

& Marine Corps 

Naval Support Activity 

Andersen 

REPLACE ANDERSEN HOUSING (AF), 

PHASE 7 

83,126 83,126 

Worldwide Unspecified 

Fam Hsg Con, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

DESIGN, WASHINGTON DC 4,782 4,782 

Fam Hsg Con, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

IMPROVEMENTS, WASHINGTON DC 57,740 57,740 

Fam Hsg Con, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

USMC DPRI/GUAM PLANNING & DESIGN 9,588 9,588 

Subtotal Family Housing Construction, Navy & Marine Corps ........................ 277,142 277,142 

FAMILY HOUSING O&M, NAVY & MARINE CORPS 

Worldwide Unspecified 

Fam Hsg O&M, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

FURNISHINGS 17,744 17,744 

Fam Hsg O&M, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

HOUSING PRIVATIZATION SUPPORT 65,655 65,655 

Fam Hsg O&M, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

LEASING 60,214 60,214 

Fam Hsg O&M, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

MAINTENANCE 101,356 101,356 

Fam Hsg O&M, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

MANAGEMENT 61,896 61,896 

Fam Hsg O&M, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

MISCELLANEOUS 419 419 

Fam Hsg O&M, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

SERVICES 13,250 13,250 

Fam Hsg O&M, Navy 

& Marine Corps 

Unspecified Worldwide 

Locations 

UTILITIES 43,320 43,320 

Subtotal Family Housing Operation & Maintenance, Navy & Marine 

Corps.

363,854 363,854 

FAMILY HOUSING CONSTRUCTION, AIR FORCE 

Alabama 

Fam Hsg Con, Air 

Force 

Maxwell Air Force Base MHPI RESTRUCTURE-AETC GROUP II 65,000 65,000 

Colorado 

Fam Hsg Con, Air 

Force 

U.S. Air Force Academy CONSTRUCTION IMPROVEMENT— 

CARLTON HOUSE 

9,282 9,282 

Hawaii 

Fam Hsg Con, Air 

Force 

Joint Base Pearl Harbor-Hickam MHPI RESTRUCTURE-JOINT BASE 

PEARL HARBOR-HICKAM 

75,000 75,000 

Mississippi 

Fam Hsg Con, Air 

Force 

Keesler Air Force Base MHPI RESTRUCTURE-SOUTHERN 

GROUP 

80,000 80,000 

Worldwide Unspecified 

Fam Hsg Con, Air 

Force 

Unspecified Worldwide 

Locations 

PLANNING & DESIGN 7,815 7,815 

Subtotal Family Housing Construction, Air Force ................................................. 237,097 237,097 

FAMILY HOUSING O&M, AIR FORCE 

Worldwide Unspecified 

Fam Hsg O&M, Air 

Force 

Unspecified Worldwide 

Locations 

FURNISHINGS 12,884 23,884 

Fam Hsg O&M, Air 

Force 

Unspecified Worldwide 

Locations 

HOUSING PRIVATIZATION SUPPORT 31,803 31,803 

Fam Hsg O&M, Air 

Force 

Unspecified Worldwide 

Locations 

LEASING 5,143 5,143 

Fam Hsg O&M, Air 

Force 

Unspecified Worldwide 

Locations 

MAINTENANCE 135,410 124,410 

Fam Hsg O&M, Air 

Force 

Unspecified Worldwide 

Locations 

MANAGEMENT 68,023 68,023 

Fam Hsg O&M, Air 

Force 

Unspecified Worldwide 

Locations 

MISCELLANEOUS 2,377 2,377 

Fam Hsg O&M, Air 

Force 

Unspecified Worldwide 

Locations 

SERVICES 10,692 10,692 
1536 

†S 2226 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2024 Request 

Senate 

Authorized 

Fam Hsg O&M, Air 

Force 

Unspecified Worldwide 

Locations 

UTILITIES 48,054 48,054 

Subtotal Family Housing Operation And Maintenance, Air Force .................. 314,386 314,386 

FAMILY HOUSING O&M, DEFENSE-WIDE 

Worldwide Unspecified 

Fam Hsg O&M, Defense-Wide Unspecified Worldwide 

Locations 

FURNISHINGS 673 673 

Fam Hsg O&M, Defense-Wide Unspecified Worldwide 

Locations 

FURNISHINGS 89 89 

Fam Hsg O&M, Defense-Wide Unspecified Worldwide 

Locations 

LEASING 32,042 32,042 

Fam Hsg O&M, Defense-Wide Unspecified Worldwide 

Locations 

LEASING 13,658 13,658 

Fam Hsg O&M, Defense-Wide Unspecified Worldwide 

Locations 

MAINTENANCE 35 35 

Fam Hsg O&M, Defense-Wide Unspecified Worldwide 

Locations 

UTILITIES 4,273 4,273 

Fam Hsg O&M, Defense-Wide Unspecified Worldwide 

Locations 

UTILITIES 15 15 

Subtotal Family Housing Operation And Maintenance, Defense-Wide .......... 50,785 50,785 

FAMILY HOUSING IMPROVEMENT FUND 

Worldwide Unspecified 

Family Housing Improvement Fund Unspecified Worldwide 

Locations 

ADMINISTRATIVE EXPENSES—FHIF 6,611 6,611 

Subtotal Family Housing Improvement Fund ......................................................... 6,611 6,611 

UNACCOMPANIED HOUSING IMPROVEMENT FUND 

Worldwide Unspecified 

Unaccompanied 

Housing Improvement Fund 

Unspecified Worldwide 

Locations 

ADMINISTRATIVE EXPENSES—UHIF 496 496 

Subtotal Unaccompanied Housing Improvement Fund ....................................... 496 496 

TOTAL FAMILY HOUSING .............................................................................................. 1,940,751 1,940,751 

DEFENSE BASE REALIGNMENT AND CLOSURE 

BASE REALIGNMENT AND CLOSURE, ARMY 

Worldwide Unspecified 

BRAC, Army Unspecified Worldwide 

Locations 

BASE REALIGNMENT AND CLOSURE 150,640 150,640 

Subtotal Base Realignment and Closure—Army ..................................................... 150,640 150,640 

BASE REALIGNMENT AND CLOSURE, NAVY 

Worldwide Unspecified 

BRAC, Navy Unspecified Worldwide 

Locations 

BASE REALIGNMENT AND CLOSURE 108,818 108,818 

Subtotal Base Realignment and Closure—Navy ...................................................... 108,818 108,818 

BASE REALIGNMENT AND CLOSURE, AIR FORCE 

Worldwide Unspecified 

BRAC, Air Force Unspecified Worldwide 

Locations 

BASE REALIGNMENT AND CLOSURE 123,990 123,990 

Subtotal Base Realignment and Closure—Air Force ............................................. 123,990 123,990 

BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE 

Worldwide Unspecified 

BRAC, Defense-Wide Unspecified Worldwide 

Locations 

INT–4: DLA ACTIVITIES 5,726 5,726 

Subtotal Base Realignment and Closure—Defense-Wide ..................................... 5,726 5,726 

TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE ................................ 389,174 389,174 

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ........ 16,674,944 16,674,944 
1537 

†S 2226 ES

1 TITLE XLVII—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 PROGRAMS 

4 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

5 PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2024 

Request 

Senate 

Authorized 

Discretionary Summary by Appropriation 

Energy and Water Development and Related Agencies 

Appropriation Summary: 

Energy Programs 

Nuclear Energy ................................................................................... 177,733 177,733 

Atomic Energy Defense Activities 

National Nuclear Security Administration: 

Weapons Activities ....................................................................... 18,832,947 19,108,947 

Defense Nuclear Nonproliferation ............................................... 2,508,959 2,483,959 

Naval Reactors ............................................................................ 1,964,100 1,964,100 

Federal Salaries and Expenses .................................................... 538,994 538,994 

Total, National Nuclear Security Administration .......................... 23,845,000 24,096,000 

Defense Environmental Cleanup ......................................................... 7,073,587 7,073,587 

Defense Uranium Enrichment D&D ................................................... 427,000 0 

Other Defense Activities ...................................................................... 1,075,197 1,075,197 

Total, Atomic Energy Defense Activities ........................................... 32,420,784 32,244,784 

Total, Discretionary Funding ................................................................. 32,598,517 32,422,517 

Nuclear Energy 

Safeguards and security ..................................................................................... 177,733 177,733 

Total, Nuclear Energy ............................................................................... 177,733 177,733 

National Nuclear Security Administration 

Weapons Activities 

Stockpile management 

Stockpile major modernization 

B61 Life extension program ............................................................... 449,850 449,850 

W88 Alteration program ..................................................................... 178,823 178,823 

W80–4 Life extension program ........................................................... 1,009,929 1,009,929 

W80–4 ALT Nuclear-armed sea-launched cruise missile ................... 0 75,000 

Program increase ......................................................................... (75,000) 

W87–1 Modification Program ............................................................. 1,068,909 1,068,909 

W93 ..................................................................................................... 389,656 389,656 

Subtotal, Stockpile major modernization .......................................... 3,097,167 3,172,167 

Stockpile sustainment ................................................................................................. 1,276,578 1,276,578 

Weapons dismantlement and disposition .................................................................... 53,718 53,718 

Production operations ................................................................................................. 710,822 710,822 

Nuclear enterprise assurance ..................................................................................... 66,614 66,614 

Total, Stockpile management ................................................................. 5,204,899 5,279,899 

Production Modernization 

Primary Capability Modernization 

Plutonium Modernization 

Los Alamos Plutonium Modernization 

Los Alamos Plutonium Operations ...................................... 833,100 833,100 

21–D–512 Plutonium Pit Production Project, LANL ........ 670,000 670,000 

15–D–302 TA–55 Reinvestments Project, Phase 3, LANL 30,000 30,000 
1538 

†S 2226 ES

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2024 

Request 

Senate 

Authorized 

07–D–220-04 Transuranic Liquid Waste Facility, LANL 0 0 

04–D–125 Chemistry and Metallurgy Research Replacement Project, LANL ........................................................ 227,122 227,122 

Subtotal, Los Alamos Plutonium Modernization ............................ 1,760,222 1,760,222 

Savannah River Plutonium Modernization 

Savannah River Plutonium Operations ............................... 62,764 62,764 

21–D–511 Savannah River Plutonium Processing Facility, 

SRS .................................................................................. 858,235 858,235 

Subtotal, Savannah River Plutonium Modernization ................... 920,999 920,999 

Enterprise Plutonium Support ................................................................... 87,779 87,779 

Total, Plutonium Modernization ........................................................... 2,769,000 2,769,000 

High Explosives & Energetics 

High Explosives & Energetics .............................................. 93,558 93,558 

23–D–516 Energetic Materials Characterization Facility, 

LANL ............................................................................... 0 19,000 

Restore project ............................................................. (19,000) 

21–D–510 HE Synthesis, Formulation, and Production, 

PX .................................................................................... 0 110,000 

Restore project ............................................................. (110,000) 

15–D–301 HE Science & Engineering Facility, PX ........... 101,356 101,356 

Subtotal, High Explosives & Energetics ............................................. 194,914 323,914 

Total, Primary Capability Modernization ......................................... 2,963,914 3,092,914 

Secondary Capability Modernization 

Secondary Capability Modernization .................................................................. 666,914 666,914 

18–D–690 Lithium Processing Facility, Y–12 ................................................... 210,770 210,770 

06–D–141 Uranium Processing Facility, Y–12 ................................................. 760,000 760,000 

Total, Secondary Capability Modernization ..................................... 1,637,684 1,637,684 

Tritium and Domestic Uranium Enrichment 

Tritium and Domestic Uranium Enrichment ..................................................... 592,992 592,992 

18–D–650 Tritium Finishing Facility, SRS ...................................................... 0 0 

Total, Tritium and Domestic Uranium Enrichment ...................... 592,992 592,992 

Non-Nuclear Capability Modernization 

Non-Nuclear Capability Modernization .............................................................. 166,990 166,990 

22–D–513 Power Sources Capability, SNL ....................................................... 37,886 37,886 

Total, Non-Nuclear Capability Modernization ................................. 204,876 204,876 

Capability Based Investments .................................................................................... 156,462 156,462

Total, Production Modernization .......................................................... 5,555,928 5,684,928 

Stockpile research, technology, and engineering 

Assessment Science 

Assessment Science ............................................................................. 917,751 926,751 

Program increase for Krypton Fluoride laser ............................. (9,000) 

14–D–640 U1a Complex Enhancements Project, NNSS ................... 126,570 126,570 

Total, Assessment Science ....................................................................... 1,044,321 1,053,321 

Engineering and integrated assessments .................................................... 440,456 440,456 

Inertial confinement fusion ......................................................................... 601,650 641,650 

Program increase ................................................................................ (40,000) 

Advanced simulation and computing .......................................................... 782,472 792,472 

Program increase ................................................................................ (10,000) 

Weapon technology and manufacturing maturation ................................... 327,745 327,745 

Academic programs ..................................................................................... 152,271 152,271 

Total, Stockpile research, technology, and engineering .............. 3,348,915 3,407,915 

Infrastructure and operations 

Operating 

Operations of facilities ........................................................................ 1,053,000 1,053,000 

Safety and Environmental Operations ................................................ 139,114 139,114 

Maintenance and Repair of Facilities ................................................. 718,000 718,000 

Recapitalization 

Infrastructure and Safety ............................................................ 650,012 650,012 

Subtotal, Recapitalization ....................................................................... 650,012 650,012 

Total, Operating ........................................................................................... 2,560,126 2,560,126 

Mission enabling construction 

22–D–510 Analytic Gas Laboratory, PX ........................................... 35,000 35,000 

22–D–511 Plutonium Production Building, LANL ........................... 48,500 48,500 

22–D–512 TA–46 Protective Force Facility, LANL .......................... 48,500 48,500 

22–D–517 Electrical Power Capacity Upgrade, LANL ..................... 75,000 75,000 

22–D–518 Plutonium Modernization Ops & Waste Mngmt Office 

Bldg, LANL .................................................................................... 0 0 

23–D–519 Special Material Facility, Y–12 ........................................ 0 0 
1539 

†S 2226 ES

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2024 

Request 

Senate 

Authorized 

Total, Mission enabling construction .................................................. 207,000 207,000 

Total, Infrastructure and operations .................................................. 2,767,126 2,767,126 

Secure transportation asset 

Operations and equipment .......................................................................... 239,008 239,008 

Program direction ....................................................................................... 118,056 118,056 

Total, Secure transportation asset ....................................................... 357,064 357,064 

Defense nuclear security 

Operations and maintenance ....................................................................... 988,756 991,756 

Program increase ................................................................................ (3,000) 

Construction: 

17–D–710 West End Protected Area Reduction Project, Y–12 ......... 28,000 38,000 

Program increase ......................................................................... (10,000) 

Subtotal, Construction .............................................................................. 28,000 38,000 

Total, Defense nuclear security ............................................................. 1,016,756 1,029,756 

Information technology and cybersecurity .............................................. 578,379 578,379 

Legacy contractor pensions ............................................................................ 65,452 65,452 

Total, Weapons Activities ......................................................................... 18,894,519 19,170,519 

Adjustments 

Use of prior year balances .......................................................................... –61,572 –61,572 

Total, Adjustments ...................................................................................... –61,572 –61,572 

Total, Weapons Activities ......................................................................... 18,832,947 19,108,947 

Defense Nuclear Nonproliferation 

Material Management and Minimization 

Conversion (formerly HEU Reactor Conversion) ....................................... 116,675 116,675 

Nuclear material removal ............................................................................ 47,100 47,100 

Material disposition ..................................................................................... 282,250 282,250 

Total, Material Management and Minimization .............................. 446,025 446,025 

Global Material Security 

International nuclear security ..................................................................... 84,707 84,707 

Radiological security ................................................................................... 258,033 258,033 

Nuclear smuggling detection and deterrence .............................................. 181,308 181,308 

Total, Global Material Security ............................................................. 524,048 524,048 

Nonproliferation and Arms Control .................................................................... 212,358 212,358 

Defense Nuclear Nonproliferation R&D 

Proliferation detection ................................................................................. 290,388 290,388 

Nonproliferation stewardship program ....................................................... 107,437 107,437 

Nuclear detonation detection ...................................................................... 285,603 285,603 

Forensics R&D ............................................................................................ 44,759 44,759 

Nonproliferation fuels development ............................................................ 0 0 

Total, Defense Nuclear Nonproliferation R&D ................................ 728,187 728,187 

Nonproliferation Construction: 

18–D–150 Surplus Plutonium Disposition Project, SRS ........................... 77,211 77,211 

Total, Nonproliferation Construction ................................................. 77,211 77,211 

NNSA Bioassurance Program ............................................................................ 25,000 0 

Program reduction ...................................................................................... (–25,000) 

Legacy contractor pensions ................................................................................ 22,587 22,587 

Nuclear Counterterrorism and Incident Response Program 

Emergency Operations ................................................................................ 19,123 19,123 

Counterterrorism and Counterproliferation ................................................ 474,420 474,420 

Total, Nuclear Counterterrorism and Incident Response Program .............................................................................................................. 493,543 493,543 

Subtotal, Defense Nuclear Nonproliferation .................................... 2,528,959 2,503,959 

Adjustments 

Use of prior year balances .......................................................................... –20,000 –20,000 

Total, Adjustments ...................................................................................... –20,000 –20,000 

Total, Defense Nuclear Nonproliferation ........................................... 2,508,959 2,483,959 

Naval Reactors 

Naval reactors development ................................................................................ 838,340 838,340 

Columbia-Class reactor systems development ..................................................... 52,900 52,900 

S8G Prototype refueling ..................................................................................... 0 0 
1540 

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2024 

Request 

Senate 

Authorized 

Naval reactors operations and infrastructure ..................................................... 712,036 712,036 

Program direction ............................................................................................... 61,540 61,540 

Construction: 

22–D–533 BL Component Test Complex ................................................... 0 0 

22–D–531 KL Chemistry & Radiological Health Building ........................ 10,400 10,400 

21–D–530 KL Steam and Condensate Upgrade ........................................ 53,000 53,000 

14–D–901 Spent Fuel Handling Recapitalization Project, NRF .............. 199,300 199,300 

24–D–530 NRF Medical Science Complex ................................................. 36,584 36,584 

Total, Construction ..................................................................................... 299,284 262,700 

Total, Naval Reactors ................................................................................ 1,964,100 1,964,100 

Federal Salaries and Expenses 

Program direction ............................................................................................... 538,994 538,994

Use of prior year balances .................................................................................. 0 0 

Total, Federal Salaries and Expenses ................................................. 538,994 538,994 

TOTAL, National Nuclear Security Administration ...................... 23,845,000 24,096,000 

Defense Environmental Cleanup 

Closure sites administration ........................................................................ 3,023 3,023 

Richland 

River corridor and other cleanup operations .............................................. 180,000 180,000 

Central plateau remediation ........................................................................ 684,289 684,289 

Richland community and regulatory support ............................................. 10,100 10,100 

18–D–404 Modification of Waste Encapsulation and Storage Facility ..... 0 0 

22–D–401 L–888 Eastern Plateau Fire Station ........................................ 7,000 7,000 

22–D–402 L–897 200 Area Water Treatment Facility ............................. 11,200 11,200 

23–D–404 181D Export Water System Reconfiguration and Upgrade ..... 27,149 27,149 

23–D–405 181B Export Water System Reconfiguration and Upgrade ..... 462 462 

24–D–401 Environmental Restoration Disposal Facility Supercell 11 

Expans Proj ............................................................................................ 1,000 1,000 

Total, Richland ............................................................................................. 921,200 921,200 

Office of River Protection: 

Waste Treatment Immobilization Plant Commissioning ............................ 466,000 466,000 

Rad liquid tank waste stabilization and disposition ................................... 813,625 813,625 

Construction: 

23–D–403 Hanford 200 West Area Tank Farms Risk Management Project ............................................................................ 15,309 15,309 

15–D–409 Low Activity Waste Pretreatment System ................ 60,000 60,000 

18–D–16 Waste Treatment and Immobilization Plant—LBL/ 

Direct feed LAW ..................................................................... 0 0 

01–D–16D High-Level Waste Facility ........................................ 600,000 600,000 

01–D–16E Pretreatment Facility ............................................... 20,000 20,000 

Subtotal, Construction .............................................................................. 695,309 695,309 

ORP Low-level waste offsite disposal ......................................................... 0 0 

Total, Office of River Protection ........................................................... 1,974,934 1,974,934 

Idaho National Laboratory: 

Idaho cleanup and waste disposition .......................................................... 377,623 377,623 

Idaho community and regulatory support .................................................. 2,759 2,759 

Construction: 

22–D–403 Idaho Spent Nuclear Fuel Staging Facility .............. 10,159 10,159 

22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation 

Ponds Project .......................................................................... 46,500 46,500 

22–D–402 Calcine Construction .................................................. 10,000 10,000 

Subtotal, Construction .............................................................................. 66,659 66,659 

Total, Idaho National Laboratory ......................................................... 447,041 447,041 

NNSA sites and Nevada off-sites 

Lawrence Livermore National Laboratory ................................................. 1,879 1,879 

LLNL Excess Facilities D&D .................................................................... 20,195 20,195 

Separations Processing Research Unit ....................................................... 15,300 15,300 

Nevada Test Site ......................................................................................... 61,952 61,952 

Sandia National Laboratory ....................................................................... 2,264 2,264 

Los Alamos National Laboratory ............................................................... 273,831 273,831 

Los Alamos Excess Facilities D&D ............................................................ 13,648 13,648 

Total, NNSA sites and Nevada off-sites .............................................. 389,069 389,069 
1541 

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2024 

Request 

Senate 

Authorized 

Oak Ridge Reservation: 

OR Nuclear Facility D&D .......................................................................... 335,000 335,000 

U233 Disposition Program ......................................................................... 55,000 55,000 

OR cleanup and waste disposition .............................................................. 72,000 72,000 

Construction: 

14–D–403 Outfall 200 Mercury Treatment Facility .................. 10,000 10,000 

17–D–401 On-site Waste Disposal Facility ................................ 24,500 24,500 

Subtotal, Construction .............................................................................. 34,500 34,500 

OR community & regulatory support .......................................................... 5,500 5,500 

OR technology development and deployment .............................................. 3,000 3,000 

Total, Oak Ridge Reservation ................................................................ 505,000 505,000 

Savannah River Site: 

Savannah River risk management operations ............................................. 453,109 453,109 

Savannah River legacy pensions ................................................................. 65,898 65,898 

Savannah River community and regulatory support .................................. 12,389 12,389 

Savannah River National Laboratory O&M ............................................... 42,000 42,000 

Construction: 

20-D–401 Saltstone Disposal Unit #10, 11, 12 ......................... 56,250 56,250 

19–D–701 SR Security Systems Replacement ............................ 0 0 

18–D–401 Saltstone Disposal Unit #8, 9 .................................. 31,250 31,250 

18–D–402 Emergency Operations Center Replacement, SR ...... 34,733 34,733 

Subtotal, Construction .............................................................................. 122,233 122,233 

Radioactive liquid tank waste stabilization ................................................. 880,323 880,323 

Total, Savannah River Site ...................................................................... 1,575,952 1,575,952 

Waste Isolation Pilot Plant 

Waste Isolation Pilot Plant ......................................................................... 369,961 369,961 

Construction: 

15–D–411 Safety Significant Confinement Ventilation System, 

WIPP ....................................................................................... 44,365 44,365 

15–D–412 Utility Shaft, WIPP .................................................. 50,000 50,000 

Total, Construction ..................................................................................... 94,365 94,365 

Total, Waste Isolation Pilot Plant ......................................................... 464,326 464,326 

Program direction—Defense Environmental Cleanup ....................................... 326,893 326,893 

Program support—Defense Environmental Cleanup ......................................... 103,504 103,504 

Safeguards and Security—Defense Environmental Cleanup ............................. 332,645 332,645 

Technology development and deployment ........................................................... 30,000 30,000 

Subtotal, Defense Environmental Cleanup ....................................... 7,073,587 7,073,587 

TOTAL, Defense Environmental Cleanup ......................................... 7,073,587 7,073,587 

Defense Uranium Enrichment D&D ............................................................ 427,000 0 

Program reduction .............................................................................................. (–427,000) 

Other Defense Activities 

Environment, health, safety and security 

Environment, health, safety and security mission support ......................... 144,705 144,705 

Program direction ....................................................................................... 86,558 86,558 

Total, Environment, health, safety and security ............................ 231,263 231,263 

Office of Enterprise Assessments 

Enterprise assessments ............................................................................... 30,022 30,022 

Program direction ....................................................................................... 64,132 64,132 

Total, Office of Enterprise Assessments ............................................. 94,154 94,154 

Specialized security activities .............................................................................. 345,330 345,330 

Legacy Management 

Legacy Management Activities—Defense ................................................... 173,681 173,681 

Program Direction ...................................................................................... 22,621 22,621 

Total, Legacy Management ...................................................................... 196,302 196,302 

Defense-Related Administrative Support ........................................................... 203,649 203,649 

Office of Hearings and Appeals .......................................................................... 4,499 4,499 

Subtotal, Other Defense Activities ....................................................... 1,075,197 1,075,197 

Use of prior year balances .................................................................................. 0 0 

Total, Other Defense Activities .............................................................. 1,075,197 1,075,197 
1542 

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1 DIVISION E—ADDITIONAL 

2 PROVISIONS 

3 TITLE LI—PROCUREMENT 

4 Subtitle D—Air Force Programs 

5 SEC. 5131. INVENTORY OF C–130 AIRCRAFT. 

6 (a) MINIMUM INVENTORY REQUIREMENT.—Section 

7 146(a)(3)(B) of the James M. Inhofe National Defense 

8 Authorization Act for Fiscal Year 2023 (Public Law 117– 

9 263; 136 Stat. 2455) is amended by striking ‘‘2023’’ and 

10 inserting ‘‘2024’’. 

11 (b) PROHIBITION ON REDUCTION OF C–130 AIR12 CRAFT ASSIGNED TO NATIONAL GUARD.—Section 

13 146(b)(1) of the James M. Inhofe National Defense Au14 thorization Act for Fiscal Year 2023 (Public Law 117– 

15 263; 136 Stat. 2455) is amended by striking ‘‘fiscal year 

16 2023’’ and inserting ‘‘fiscal years 2023 and 2024’’. 

17 SEC. 5132. EXTENSION OF PROHIBITION ON CERTAIN RE18 DUCTIONS TO B–1 BOMBER AIRCRAFT 

19 SQUADRONS. 

20 Section 133(c)(1) of the National Defense Authoriza21 tion Act for Fiscal Year 2022 (Public Law 117–81; 135 

22 Stat. 1574) is amended by striking ‘‘September 30, 2023’’ 

23 and inserting ‘‘September 30, 2026’’. 
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1 SEC. 5133. PROHIBITION ON DIVESTMENT OF F–15E AIR2 CRAFT. 

3 None of the funds authorized to be appropriated by 

4 this Act for any of fiscal years 2024 through 2029 may 

5 be obligated or expended to divest any F–15E aircraft. 

6 TITLE LII—RESEARCH, DEVEL7 OPMENT, TEST, AND EVALUA8 TION 

9 SEC. 5201. APPLICATION OF PUBLIC-PRIVATE TALENT EX10 CHANGE PROGRAMS IN THE DEPARTMENT 

11 OF DEFENSE TO QUANTUM INFORMATION 

12 SCIENCES AND TECHNOLOGY RESEARCH. 

13 In carrying out section 1599g of title 10, United 

14 States Code, the Secretary of Defense may establish pub15 lic-private exchange programs, each with up to 10 pro16 gram participants, focused on private sector entities work17 ing on quantum information sciences and technology re18 search applications. 

19 SEC. 5202. BRIEFING ON SCIENCE, MATHEMATICS, AND RE20 SEARCH FOR TRANSFORMATION (SMART) DE21 FENSE EDUCATION PROGRAM. 

22 Not later than three years after the date of the enact23 ment of this Act, the Secretary of Defense shall provide 

24 Congress with a briefing on participation and use of the 

25 program under section 4093 of title 10, United States 
1544 

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1 Code, with a particular focus on levels of interest from 

2 students engaged in studying quantum fields. 

3 SEC. 5203. IMPROVEMENTS TO DEFENSE QUANTUM INFOR4 MATION SCIENCE AND TECHNOLOGY RE5 SEARCH AND DEVELOPMENT PROGRAM. 

6 (a) FELLOWSHIP PROGRAM AUTHORIZED.—Section 

7 234 of the John S. McCain National Defense Authoriza8 tion Act for Fiscal Year 2019 (Public Law 115–232; 10 

9 U.S.C. 4001 note) is amended— 

10 (1) by redesignating subsection (f) as sub11 section (g); and 

12 (2) by inserting after subsection (e) the fol13 lowing new subsection (f): 

14 ‘‘(f) FELLOWSHIPS.— 

15 ‘‘(1) PROGRAM AUTHORIZED.—In carrying out 

16 the program required by subsection (a) and subject 

17 to the availability of appropriations to carry out this 

18 subsection, the Secretary may carry out a program 

19 of fellowships in quantum information science and 

20 technology research and development for individuals 

21 who have a graduate or post-graduate degree. 

22 ‘‘(2) EQUAL ACCESS.—In carrying out the pro23 gram under paragraph (1), the Secretary may estab24 lish procedures to ensure that minority, geographi25 cally diverse, and economically disadvantaged stu-
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1 dents have equal access to fellowship opportunities 

2 under such program.’’. 

3 (b) MULTIDISCIPLINARY PARTNERSHIPS WITH UNI4 VERSITIES.—Such section is further amended— 

5 (1) by redesignating subsection (g), as redesig6 nated by subsection (a)(1), as subsection (h); and 

7 (2) by inserting after subsection (f), as added 

8 by subsection (a)(2), the following new subsection 

9 (g): 

10 ‘‘(g) MULTIDISCIPLINARY PARTNERSHIPS WITH

11 UNIVERSITIES.—In carrying out the program under sub12 section (a), the Secretary of Defense may develop partner13 ships with universities to enable students to engage in 

14 multidisciplinary courses of study.’’. 

15 SEC. 5204. IMPROVEMENTS TO NATIONAL QUANTUM INITIA16 TIVE PROGRAM. 

17 (a) INVOLVEMENT OF DEPARTMENT OF DEFENSE

18 AND INTELLIGENCE COMMUNITY IN NATIONAL QUANTUM

19 INITIATIVE ADVISORY COMMITTEE.— 

20 (1) QUALIFICATIONS.—Subsection (b) of sec21 tion 104 of the National Quantum Initiative Act (15 

22 U.S.C. 8814) is amended by striking ‘‘and Federal 

23 laboratories’’ and inserting ‘‘Federal laboratories, 

24 and intelligence researchers’’. 

25 (2) INTEGRATION.—Such section is amended— 
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1 (A) by redesignating subsections (e) 

2 through (g) as subsection (f) through (h), re3 spectively; and 

4 (B) by inserting after subsection (d) the 

5 following new subsection (e): 

6 ‘‘(e) INTEGRATION OF DEPARTMENT OF DEFENSE

7 AND INTELLIGENCE COMMUNITY.—The Advisory Com8 mittee shall take such actions as may be necessary, includ9 ing by modifying policies and procedures of the Advisory 

10 Committee, to ensure the full integration of the Depart11 ment of Defense and the intelligence community (as de12 fined in section 3 of the National Security Act of 1947 

13 (50 U.S.C. 3003)) in activities of the Advisory Com14 mittee.’’. 

15 (b) CLARIFICATION OF PURPOSE OF MULTIDISCI16 PLINARY CENTERS FOR QUANTUM RESEARCH AND EDU17 CATION.—Section 302(c) of the National Quantum Initia18 tive Act (15 U.S.C. 8842(c)) is amended— 

19 (1) in paragraph (2), by striking ‘‘; and’’ and 

20 inserting a semicolon; 

21 (2) in paragraph (3), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 
1547 

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1 ‘‘(4) encouraging workforce collaboration, both 

2 with private industry and among Federal entities, 

3 including Department of Defense components and 

4 the intelligence community (as defined in section 3 

5 of the National Security Act of 1947 (50 U.S.C. 

6 3003)).’’. 

7 (c) COORDINATION OF NATIONAL QUANTUM INFOR8 MATION SCIENCE RESEARCH CENTERS.—Section 402(d) 

9 of the National Quantum Initiative Act (15 U.S.C. 

10 8852(d)) is amended— 

11 (1) by redesignating paragraphs (2) and (3) as 

12 paragraphs (3) and (4), respectively; and 

13 (2) by inserting after paragraph (1) the fol14 lowing new paragraph (2): 

15 ‘‘(2) other research entities of the Federal gov16 ernment, including research entities in the intel17 ligence community (as defined in section 3 of the 

18 National Security Act of 1947 (50 U.S.C. 3003));’’. 

19 (d) NATIONAL QUANTUM COORDINATION OFFICE, 

20 COLLABORATION WHEN REPORTING TO CONGRESS.— 

21 Section 102 of the National Quantum Initiative Act (15 

22 U.S.C. 8812) is amended— 

23 (1) by redesignating subsection (c) as sub24 section (d); and 
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1 (2) by inserting after subsection (b) the fol2 lowing new subsection (c): 

3 ‘‘(c) COLLABORATION WHEN REPORTING TO CON4 GRESS.—The Coordination Office shall ensure that when 

5 participants in the National Quantum Initiative Program 

6 prepare and submit reports to Congress that they do so 

7 in collaboration with each other and as appropriate Fed8 eral civilian, defense, and intelligence research entities.’’. 

9 (e) REPORTING TO ADDITIONAL COMMITTEES OF

10 CONGRESS.—Paragraph (2) of section 2 of such Act (15 

11 U.S.C. 8801) is amended to read as follows: 

12 ‘‘(2) APPROPRIATE COMMITTEES OF CON13 GRESS.—The term ‘appropriate committees of Con14 gress’ means— 

15 ‘‘(A) the Committee on Commerce, 

16 Science, and Transportation, the Committee on 

17 Energy and Natural Resources, the Committee 

18 on Armed Services, and the Select Committee 

19 on Intelligence of the Senate; and 

20 ‘‘(B) the Committee on Energy and Com21 merce, the Committee on Science, Space, and 

22 Technology, the Committee on Armed Services, 

23 and the Permanent Select Committee on Intel24 ligence of the House of Representatives.’’. 
1549 

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1 SEC. 5205. ANNUAL REVIEW OF STATUS OF IMPLEMENTA2 TION PLAN FOR DIGITAL ENGINEERING CA3 REER TRACKS. 

4 (a) ANNUAL REVIEW AND REPORT REQUIRED.—Not 

5 less frequently than once each year until December 31, 

6 2029, the Secretary of Defense shall— 

7 (1) conduct an internal review of the status of 

8 the implementation of the plan submitted pursuant 

9 to section 230(b) of the National Defense Authoriza10 tion Act for Fiscal Year 2020 (Public Law 116–92; 

11 10 U.S.C. note prec. 501); and 

12 (2) submit to the congressional defense commit13 tees— 

14 (A) a summary of the status described in 

15 paragraph (1); 

16 (B) a report on the findings of the Sec17 retary with respect to the most recent review 

18 conducted pursuant to such paragraph; and 

19 (C) a plan for how the Department of De20 fense will plan for digital engineering personnel 

21 needs in the coming years. 

22 (b) CONSIDERATION.—The review conducted pursu23 ant to subsection (a)(1) shall include consideration of the 

24 rapid rate of technological change in data science and ma25 chine learning. 
1550 

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1 SEC. 5206. RAPID RESPONSE TO EMERGENT TECHNOLOGY 

2 ADVANCEMENTS OR THREATS. 

3 (a) AUTHORITIES.—Upon approval by the Secretary 

4 of Defense of a determination described in subsection (b), 

5 the Secretary of a military department may use the rapid 

6 acquisition and funding authorities established pursuant 

7 to section 3601 of title 10, United States Code, to initiate 

8 urgent or emerging operational development activities for 

9 a period of up to one year, in order to— 

10 (1) leverage an emergent technological advance11 ment of value to the national defense to address a 

12 military service-specific need; or 

13 (2) provide a rapid response to an emerging 

14 threat identified by a military service. 

15 (b) DETERMINATION.—A determination described in 

16 this subsection is a determination by the Secretary of a 

17 military department submitted in writing to the Secretary 

18 of Defense that provides the following: 

19 (1) Identification of a compelling urgent or 

20 emergency national security need to immediately ini21 tiate development activity in anticipation of a pro22 gramming or budgeting action, in order to leverage 

23 an emergent technological advancement or provide a 

24 rapid response to an emerging threat. 

25 (2) Justification for why the effort cannot be 

26 delayed until the next submission of the budget of 
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1 the President (under section 1105(a) of title 31, 

2 United States Code) without harming the national 

3 defense. 

4 (3) Funding is identified for the effort in the 

5 current fiscal year to initiative the activity. 

6 (4) An appropriate acquisition pathway and 

7 programmed funding for transition to continued de8 velopment, integration, or sustainment is identified 

9 to on-ramp this activity within two years. 

10 (c) ADDITIONAL PROCEDURES.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this Act, the Sec13 retary of Defense shall amend the procedures for the 

14 rapid acquisition and deployment of capabilities 

15 needed in response to urgent operational needs pre16 scribed pursuant to such section 3601 to carry out 

17 this section. Such updated procedures shall be pro18 vided to the congressional defense committees con19 currently with the promulgation to the rest of the 

20 Department of Defense. 

21 (2) REQUIREMENTS TO BE INCLUDED.—The 

22 procedures amended under paragraph (1) shall in23 clude the following requirements: 

24 (A) FUNDING.—(i) Subject to clause (ii), 

25 in any fiscal year in which a determination de-
1552 

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1 scribed in subsection (b) is made, the Secretary 

2 of the military department making the deter3 mination may initiate the activities authorized 

4 under subsection (a) using any funds available 

5 to the Secretary for such fiscal year for— 

6 (I) procurement; or 

7 (II) research, development, test, and 

8 evaluation. 

9 (ii) The total cost of all developmental ac10 tivities within the Department of Defense, fund11 ed under this section, may not exceed 

12 $100,000,000 for any fiscal year. 

13 (B) WAIVER AUTHORITY.—(i) Subject to 

14 clause (ii), the Secretary of the military depart15 ment making a determination under subsection 

16 (b) may issue a waiver under subsection (d) of 

17 such section 3601. 

18 (ii) Chapter 221 of title 10, United States 

19 Code, may not be waived pursuant to clause (i). 

20 (C) TRANSITION.—(i) Any acquisition ini21 tiated under subsection (a) shall transition to 

22 an appropriate acquisition pathway for transi23 tion and integration of the development activity, 

24 or be transitioned to a newly established pro-
1553 

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1 gram element or procurement line for comple2 tion of such activity. 

3 (ii)(I) Transition shall be completed within 

4 one year of initiation, but may be extended one 

5 time only at the discretion of the Secretary of 

6 the military department for one additional year. 

7 (II) In the event an extension determina8 tion is made under subclause (I), the affected 

9 Secretary of the military department shall sub10 mit to the congressional defense committees, 

11 not later than 30 days before the extension 

12 takes effect, written notification of the exten13 sion with a justification for the extension. 

14 (3) SUBMITTAL TO CONGRESS.—Concurrent 

15 with promulgation to the Department of the amend16 ments to the procedures under paragraph (1), the 

17 Secretary shall submit to the congressional defense 

18 committees the procedures update by such amend19 ments. 

20 (d) CONGRESSIONAL NOTIFICATION.—Within 15 

21 days after the Secretary of Defense approves a determina22 tion described in subsection (b), the Secretary of the mili23 tary department making the determination shall provide 

24 written notification of such determination to the congres25 sional defense committees following the procedures for no-
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1 tification in subsections (c)(4)(D) and (c)(4)(F) of such 

2 section 3601. A notice under this subsection shall be suffi3 cient to fulfill any requirement to provide notification to 

4 Congress for a new start program. 

5 TITLE LIII—OPERATION AND 

6 MAINTENANCE 

7 Subtitle A—Briefings and Reports 

8 SEC. 5341. REPORT BY DEPARTMENT OF DEFENSE ON AL9 TERNATIVES TO BURN PITS. 

10 Not later than 60 days after the date of the enact11 ment of this Act, the Under Secretary of Defense for Ac12 quisition and Sustainment shall submit to Congress a re13 port on incinerators and waste-to-energy waste disposal al14 ternatives to burn pits. 

15 TITLE LVI—COMPENSATION AND 

16 OTHER PERSONNEL BENEFITS 

17 Subtitle C—Other Matters 

18 SEC. 5631. MODIFICATIONS TO TRANSITIONAL COMPENSA19 TION FOR DEPENDENTS OF MEMBERS SEPA20 RATED FOR DEPENDENT ABUSE. 

21 (a) COVERED PUNITIVE ACTIONS.—Subsection (b) of 

22 section 1059 of title 10, United States Code, is amended— 

23 (1) in paragraph (1)(B), by striking ‘‘; or’’ and 

24 inserting a semicolon; 
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1 (2) in paragraph (2), by striking the period at 

2 the end and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) who is— 

6 ‘‘(A) convicted of a dependent-abuse of7 fense in a district court of the United States or 

8 a State court; and 

9 ‘‘(B) separated from active duty pursuant 

10 to a sentence of a court-martial, or administra11 tively separated, voluntarily or involuntarily, 

12 from active duty, for an offense other than the 

13 dependent-abuse offense.’’. 

14 (b) COMMENCEMENT OF PAYMENT.—Subsection 

15 (e)(1) of such section is amended— 

16 (1) in subparagraph (A)— 

17 (A) in the matter preceding clause (i), by 

18 inserting after ‘‘offense’’ the following: ‘‘or an 

19 offense described in subsection (b)(3)(B)’’; and 

20 (B) in clause (ii), by striking ‘‘; and’’ and 

21 inserting a semicolon; and 

22 (2) in subparagraph (B), by striking ‘‘(if the 

23 basis’’ and all that follows through ‘‘offense)’’. 
1556 

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1 (c) DEFINITION OF DEPENDENT CHILD.—Sub2 section (l) of such section is amended, in the matter pre3 ceding paragraph (1)— 

4 (1) by striking ‘‘resulting in the separation of 

5 the former member or’’ and inserting ‘‘referred to in 

6 subsection (b) or’’; and 

7 (2) by striking ‘‘resulting in the separation of 

8 the former member and’’ and inserting ‘‘and’’. 

9 (d) DELEGATION OF DETERMINATIONS RELATING

10 TO EXCEPTIONAL ELIGIBILITY.—Subsection (m)(4) of 

11 such section is amended to read as follows: 

12 ‘‘(4) The Secretary concerned may delegate the au13 thority under paragraph (1) to authorize eligibility for 

14 benefits under this section for dependents and former de15 pendents of a member or former member to the first gen16 eral or flag officer (or civilian equivalent) in the chain of 

17 command of the member.’’. 

18 SEC. 5632. REPORT ON EFFECT OF PHASE-OUT OF REDUC19 TION OF SURVIVOR BENEFIT PLAN SURVIVOR 

20 ANNUITIES BY AMOUNT OF DEPENDENCY 

21 AND INDEMNITY COMPENSATION. 

22 (a) IN GENERAL.—The Secretary of Defense shall 

23 submit to Congress a report on the effect of section 622 

24 of the National Defense Authorization Act for Fiscal Year 
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1 2020 (Public Law 116–92) and the amendments made by 

2 such section. 

3 (b) CONTENTS.—The report submitted pursuant to 

4 subsection (a) shall include the following: 

5 (1) An assessment on the effect that section 

6 622 of the National Defense Authorization Act for 

7 Fiscal Year 2020 (Public Law 116–92) and the 

8 amendments made by such section had on bene9 ficiaries and any unintended consequences that were 

10 a result of such section or amendments. 

11 (2) An evaluation of the authority that the Sec12 retary has in a situation when the Defense Finance 

13 Accounting Service cannot verify the eligibility of a 

14 spouse and payments are paused for the child. 

15 (3) Recommendations for legislative action to 

16 ensure the Secretary has the flexibility to make pay17 ments under subchapter II of chapter 73 of title 10, 

18 United States Code, to dependent children that are 

19 under the guardianship of someone other than the 

20 surviving spouse. 

21 (4) An assessment of the process of the Depart22 ment for determining eligibility for survivor benefits 

23 under subchapter II of chapter 73 of title 10, United 

24 States Code, and dependency and indemnity com25 pensation under chapter 13 of title 38, United 
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1 States Code, and the coordination between the De2 fense Finance Accounting Service and the Depart3 ment of Veterans Affairs for such benefits. 

4 TITLE LVII—HEALTH CARE 

5 PROVISIONS 

6 Subtitle A—TRICARE and Other 

7 Health Care Benefits 

8 SEC. 5701. EXPANSION OF ELIGIBILITY FOR HEARING AIDS 

9 TO INCLUDE CHILDREN OF CERTAIN RE10 TIRED MEMBERS OF THE UNIFORMED SERV11 ICES. 

12 Paragraph (16) of section 1077(a) of title 10, United 

13 States Code, is amended to read as follows: 

14 ‘‘(16) Except as provided by subsection (g), a 

15 hearing aid, but only if the dependent has a pro16 found hearing loss, as determined under standards 

17 prescribed in regulations by the Secretary of Defense 

18 in consultation with the administering Secretaries, 

19 and only for the following dependents: 

20 ‘‘(A) A dependent of a member of the uni21 formed services on active duty. 

22 ‘‘(B) A dependent under subparagraph (D) 

23 or (I) of section 1072(2) of this title of a 

24 former member of the uniformed services who— 
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1 ‘‘(i) is entitled to retired or retainer 

2 pay, or equivalent pay; and 

3 ‘‘(ii) is enrolled in family coverage 

4 under TRICARE Prime.’’. 

5 Subtitle B—Health Care 

6 Administration 

7 SEC. 5711. MODIFICATION OF REQUIREMENT TO TRANSFER 

8 RESEARCH AND DEVELOPMENT AND PUBLIC 

9 HEALTH FUNCTIONS TO DEFENSE HEALTH 

10 AGENCY. 

11 Section 720(a) of the James M. Inhofe National De12 fense Authorization Act for Fiscal Year 2023 (Public Law 

13 117–263; 10 U.S.C. 1073c note) is amended, in the mat14 ter preceding paragraph (1), by striking ‘‘February 1, 

15 2024’’ and inserting ‘‘February 1, 2025’’. 

16 Subtitle C—Reports and Other 

17 Matters 

18 SEC. 5721. REPORT ON MILITARY MENTAL HEALTH CARE 

19 REFERRAL POLICIES. 

20 (a) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Secretary of Defense 

22 shall submit to the congressional defense committees a re23 port— 

24 (1) detailing the mental health care referral 

25 policies of the Armed Forces; and 
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1 (2) the impact of removing primary care refer2 ral requirements for outpatient mental health care 

3 on— 

4 (A) military readiness; 

5 (B) the uptake of outpatient mental health 

6 care services by members of the Armed Forces; 

7 and 

8 (C) suicide prevention. 

9 (b) RECOMMENDATIONS.—The report required by 

10 subsection (a) shall include recommendations and legisla11 tive proposals— 

12 (1) to improve resources and access for out13 patient mental health care services by members of 

14 the Armed Forces; 

15 (2) to encourage the uptake of such services by 

16 such members; and 

17 (3) to maintain military readiness. 

18 SEC. 5722. COMPTROLLER GENERAL STUDY ON BIO19 MEDICAL RESEARCH AND DEVELOPMENT 

20 FUNDED BY DEPARTMENT OF DEFENSE. 

21 (a) STUDY.—The Comptroller General of the United 

22 States shall conduct a study on the management by the 

23 Department of Defense of biomedical research and devel24 opment funded by the Department, including a review 

25 of— 
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1 (1) patents for drugs approved by the Food and 

2 Drug Administration that were supported with intra3 mural or extramural funding from the Department; 

4 (2) requirements of the Department for how 

5 grant recipients, contractors, and labs of the Depart6 ment should disclose support by the Department in 

7 patents generated with funding from the Depart8 ment; and 

9 (3) the data systems of the Department for cat10 aloging information about patents generated with 

11 funding from the Department. 

12 (b) BRIEFING.—Not later than March 31, 2024, the 

13 Comptroller General shall brief the Committees on Armed 

14 Services of the Senate and the House of Representatives 

15 on the study conducted under subsection (a). 

16 (c) REPORT.—Not later than one year after the date 

17 of the enactment of this Act, the Comptroller General shall 

18 submit to the Committees on Armed Services of the Sen19 ate and the House of Representatives a report on the 

20 study conducted under subsection (a). 
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1 SEC. 5723. REPORT ON PROVISION OF MENTAL HEALTH 

2 SERVICES VIA TELEHEALTH TO MEMBERS OF 

3 THE ARMED FORCES AND THEIR DEPEND4 ENTS. 

5 Not later than March 31, 2024, the Secretary of De6 fense shall submit to the Committees on Armed Services 

7 of the Senate and the House of Representatives a report 

8 on the provision by the Department of Defense of mental 

9 health services via telehealth that includes the following: 

10 (1) A summary of relevant Federal and State 

11 laws and policies of the Department governing the 

12 provision of mental health services via telehealth to 

13 members of the Armed Forces and their dependents. 

14 (2) An explanation of any challenges experi15 enced by members of the Armed Forces and their 

16 dependents in receiving continuing care from a pro17 vider when assigned to a new State or location out18 side the United States. 

19 (3) An assessment of the value of receiving con20 tinuing care from the same mental health provider 

21 for various mental health conditions. 

22 (4) A description of how the Department ac23 commodates members of the Armed Forces who 

24 would benefit from receiving continuing care from a 

25 specific mental health provider. 
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1 (5) Such other matters as the Secretary con2 siders relevant. 

3 SEC. 5724. EXPANSION OF DOULA CARE FURNISHED BY DE4 PARTMENT OF DEFENSE. 

5 The text of section 706 is hereby deemed to read as 

6 follows: 

7 ‘‘SEC. 706 EXPANSION OF DOULA CARE FURNISHED BY DE8 PARTMENT OF DEFENSE. 

9 ‘‘(a) EXPANSION OF EXTRAMEDICAL MATERNAL

10 HEALTH PROVIDERS DEMONSTRATION PROJECT.—Sec11 tion 746 of the William M. (Mac) Thornberry National 

12 Defense Authorization Act for Fiscal Year 2021 (Public 

13 Law 116–283; 10 U.S.C. 1073 note) is amended— 

14 ‘‘(1) by redesignating subsections (e) through 

15 (h) as subsections (f) through (i), respectively; and 

16 ‘‘(2) by inserting after subsection (d) the fol17 lowing new subsection (e): 

18 ‘‘ ‘(e) COVERAGE OF DOULA CARE.—The Secretary 

19 may add coverage of labor doula care to the demonstration 

20 project, or reimbursement for such care, for all bene21 ficiaries under the TRICARE program, including access— 

22 ‘‘ ‘(1) by members of the Armed Forces on ac23 tive duty; 

24 ‘‘ ‘(2) by beneficiaries outside the continental 

25 United States; and 
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1 ‘‘ ‘(3) at military medical treatment facilities.’. 

2 ‘‘(b) HIRING OF DOULAS.—The hiring authority for 

3 each military medical treatment facility may hire a team 

4 of doulas to work in coordination with lactation support 

5 personnel or labor and delivery units at such facility.’’. 

6 TITLE LVIII—ACQUISITION POL7 ICY, ACQUISITION MANAGE8 MENT, AND RELATED MAT9 TERS 

10 Subtitle D—Small Business Matters 

11 SEC. 5841. COMPETITION OF SMALL BUSINESS CONCERNS 

12 FOR DEPARTMENT OF DEFENSE CONTRACTS. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, the Secretary of Defense 

15 shall issue guidance ensuring that covered small busi16 nesses are better able to compete for Department of De17 fense contracts. 

18 (b) EXEMPTIONS FROM CAPABILITY REQUIRE19 MENTS.— 

20 (1) WAIVER AUTHORITY.—The guidance issued 

21 under subsection (a) shall provide that the Depart22 ment of Defense may waive capability requirements, 

23 including the waiver described in paragraph (2), to 

24 allow a covered small business that does not other25 wise meet such requirements to bid on a contract, 
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1 provided that it makes the certification described 

2 under paragraph (3). 

3 (2) SPECIAL CONSIDERATION TO PROVIDE IN4 TERIM ACCESS TO CLASSIFIED INFORMATION FOR

5 DEPARTMENT OF DEFENSE CONTRACTORS WITHOUT

6 SECURITY CLEARANCES.—Notwithstanding section 

7 801 of the National Security Act of 1947 (50 U.S.C. 

8 3161) and the procedures established pursuant to 

9 such section, the Secretary of Defense may issue a 

10 waiver providing a covered small business that has 

11 not been determined eligible to access classified in12 formation pursuant to such procedures interim ac13 cess to classified information under such terms and 

14 conditions as the Secretary considers appropriate. 

15 (3) CERTIFICATION REQUIREMENT.— In order 

16 to qualify for a waiver under paragraph (1), a cov17 ered small business shall certify that it will be able 

18 to meet the exempted capability requirements within 

19 180 days after the contract award date. The certifi20 cation shall include a detailed project and financial 

21 plan outlining the tasks to be completed, milestones 

22 to be achieved, and resources required. 

23 (4) MONITORING AND COMPLIANCE.— 

24 (A) IN GENERAL.—The contracting officer 

25 for a contract awarded pursuant to a waiver 
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1 under paragraph (1) shall closely monitor the 

2 contract performance of the covered small busi3 ness to ensure that sufficient progress is being 

4 made and that any issues that arise are 

5 promptly addressed. 

6 (B) FAILURE TO MEET CAPABILITY RE7 QUIREMENTS.—If a covered small business 

8 awarded a contract pursuant to a waiver under 

9 paragraph (1) fails to meet the requirements 

10 promised in the certification required under 

11 paragraph (3) within 180 days, the covered 

12 small business shall be subject to disqualifica13 tion from consideration for future contracts of 

14 similar scope pursuant to ‘‘Termination for De15 fault’’ provisions under subpart 49.4 of the 

16 Federal Acquisition Regulation. 

17 (c) COVERED SMALL BUSINESS DEFINED.—In this 

18 section, the term ‘‘covered small business’’ means— 

19 (1) a nontraditional defense contractor, as that 

20 term is defined in section 3014 of title 10, United 

21 States Code; 

22 (2) a small business concern, as that term is 

23 defined in section 3(a) of the Small Business Act 

24 (15 U.S.C. 632(a)); and 
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1 (3) any other contractor that has not been 

2 awarded a Department of Defense contract in the 

3 five-year period preceding the solicitation of sources 

4 by the Department of Defense. 

5 Subtitle E—Other Matters 

6 SEC. 5851. BRIEFING ON THE REDESIGNATION OF NA7 TIONAL SERIAL NUMBER (NSN) PARTS AS 

8 PROPRIETARY. 

9 Not later than 60 days after the date of the enact10 ment of this Act, the Secretary of Defense shall provide 

11 a briefing to the congressional defense committees identi12 fying which National Serial Number (NSN) parts in the 

13 Defense Logistics Agency system have had their designa14 tion changed to proprietary over the previous 5 years, in15 cluding a description of which parts were, or continue to 

16 be, produced by small businesses before the proprietary 

17 designation was applied, and the justification for the 

18 changes in designation. 

19 TITLE LX—OTHER MATTERS 

20 Subtitle D—Counterterrorism 

21 SEC. 6031. ESTABLISHING A COORDINATOR FOR COUN22 TERING MEXICO’S CRIMINAL CARTELS. 

23 (a) IN GENERAL.—Not later than 30 days after the 

24 date of the enactment of this Act, the President, in con25 sultation with the Secretary of Defense, the Secretary of 
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1 State, the Secretary of Homeland Security, the Attorney 

2 General, and the Secretary of the Treasury, shall des3 ignate an existing official within the executive branch to 

4 serve as senior-level coordinator to coordinate, in conjunc5 tion with other relevant agencies, all defense, diplomatic, 

6 intelligence, financial, and legal efforts to counter the 

7 drug- and human-trafficking activities of Mexico’s crimi8 nal cartels. 

9 (b) RETENTION OF AUTHORITY.—The designation of 

10 a coordinator under subsection (a) shall not deprive any 

11 agency of any authority to independently perform func12 tions of that agency. 

13 (c) QUARTERLY REPORTS.— 

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date of the enactment of this Act, and 

16 every 90 days thereafter through January 31, 2029, 

17 the coordinator designated under subsection (a) shall 

18 submit to the appropriate committees of Congress a 

19 detailed report on the following: 

20 (A) Efforts taken during the previous 

21 quarter to bolster defense cooperation with the 

22 Government of Mexico against Mexico’s crimi23 nal cartels, and any other activities of the De24 partment of Defense with respect to countering 
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1 the cartels, including in cooperation with the 

2 Government of Mexico or interagency partners. 

3 (B) Diplomatic efforts, including numbers 

4 of demarches and meetings, taken during the 

5 previous quarter to highlight and counter the 

6 human rights abuses of Mexico’s criminal car7 tels, including human trafficking, sex traf8 ficking, other exploitation of migrants, 

9 endangerment of children, and other abuses. 

10 (C) Diplomatic efforts taken during the 

11 previous quarter to improve cooperation with 

12 the Government of Mexico in countering Mexi13 co’s criminal cartels, and a detailed list and as14 sessment of any actions that the Government of 

15 Mexico has taken during the previous quarter 

16 to counter the cartels. 

17 (D) Diplomatic efforts taken during the 

18 previous quarter to improve cooperation with 

19 partners and allies in countering Mexico’s 

20 criminal cartels. 

21 (E) Efforts taken during the previous 

22 quarter to bolster the screening process at ports 

23 of entry to prevent members and associates of 

24 Mexico’s criminal cartels, and individuals who 

25 are working for the cartels, from entering or 
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1 trafficking drugs, humans, and contraband into 

2 the United States. 

3 (F) Efforts taken during the previous 

4 quarter to encourage the Government of Mexico 

5 to improve its screening process along its own 

6 ports of entry in order to prevent illicit cash, 

7 weapons, and contraband that is destined for 

8 Mexico’s criminal cartels from entering Mexico. 

9 (G) Efforts taken during the previous 

10 quarter to investigate and prosecute members 

11 and associates of Mexico’s criminal cartels, in12 cluding members and associates operating from 

13 within the United States. 

14 (H) Efforts taken during the previous 

15 quarter to encourage the Government of Mexico 

16 to increase its investigation and prosecution of 

17 leaders, members, and associates of Mexcio’s 

18 criminal cartels within Mexico. 

19 (I) Efforts taken during the previous quar20 ter to initiate or improve the sharing of intel21 ligence with allies and partners, including the 

22 Government of Mexico, for the purpose of coun23 tering Mexico’s criminal cartels. 

24 (J) Efforts taken during the previous 

25 quarter to impose sanctions with respect to— 
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1 (i) leaders, members, and associates 

2 of Mexico’s criminal cartels; and 

3 (ii) any companies, banks, or other in4 stitutions that facilitate the cartels’ 

5 human-trafficking, drug-trafficking, and 

6 other criminal enterprises. 

7 (K) The total number of personnel and re8 sources in the Department of Defense, the De9 partment of State, the Department of Home10 land Security, the Department of Justice, and 

11 the Department of the Treasury focused on 

12 countering Mexico’s criminal cartels. 

13 (2) FORM.—The report required by paragraph 

14 (1) shall be submitted in unclassified form, but may 

15 include a classified annex. 

16 (d) DEFINITIONS.—In this section: 

17 (1) APPROPRIATE COMMITTEES OF CON18 GRESS.—The term ‘‘appropriate committees of Con19 gress’’ means— 

20 (A) the Committee on Armed Services, the 

21 Committee on Foreign Relations, the Com22 mittee on the Judiciary, the Committee on 

23 Homeland Security and Governmental Affairs, 

24 and the Committee on Banking, Housing, and 

25 Urban Affairs of the Senate; and 
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1 (B) the Committee on Armed Services, the 

2 Committee on Foreign Affairs, the Committee 

3 on the Judiciary, the Committee on Homeland 

4 Security, and the Committee on Financial Serv5 ices of the House of Representatives. 

6 (2) MEXICO’S CRIMINAL CARTELS.—The term 

7 ‘‘Mexico’s criminal cartels’’ means the following: 

8 (A) Criminal organizations the operations 

9 of which include human-trafficking, drug-traf10 ficking, and other types of smuggling operations 

11 across the southwest border of the United 

12 States and take place largely within Mexico, in13 cluding the following: 

14 (i) The Sinaloa Cartel. 

15 (ii) The Jalisco New Generation Car16 tel. 

17 (iii) The Gulf Cartel. 

18 (iv) The Los Zetas Cartel. 

19 (v) The Northeast Cartel. 

20 (vi) The Juarez Cartel. 

21 (vii) The Tijuana Cartel. 

22 (viii) The Beltran-Leyva Cartel. 

23 (ix) The La Familia Michoacana, also 

24 known as the Knights Templar Cartel. 

25 (x) Las Moicas. 
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1 (xi) La Empresa Nueva. 

2 (xii) MS–13. 

3 (xiii) The Medellin Cartel. 

4 (B) Any successor organization to an orga5 nization described in subparagraph (A). 

6 Subtitle F—Studies and Reports 

7 SEC. 6051. REPORT ON FOOD PURCHASING BY THE DE8 PARTMENT OF DEFENSE. 

9 Not later than one year after the date of the enact10 ment of this Act, the Secretary of Defense shall submit 

11 to the Committees on Armed Services of the Senate and 

12 the House of Representatives and make publicly available 

13 on the website of the Department of Defense a report on 

14 the following for each of fiscal years 2018, 2019, 2020, 

15 2021, and 2022: 

16 (1) The total dollar amount spent by the De17 partment of Defense on food service operations 

18 worldwide for all personnel, contractors, and fami19 lies, including all food service provided at or 

20 through— 

21 (A) all facilities, such as combat oper22 ations, military posts, medical facilities; 

23 (B) all vessels (air, land, and sea); 
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1 (C) all entertainment and hosting oper2 ations such as officers’ clubs and other such fa3 cilities; and 

4 (D) all food programs provided to other 

5 Federal agencies, such as the Fresh Fruit and 

6 Vegetable Program of the Department of Agri7 culture and the Department of Defense. 

8 (2) The total dollar amount spent by the De9 partment for each category described in paragraph 

10 (1). 

11 (3) The dollar amount spend by the Depart12 ment for each of— 

13 (A) the 25 largest food service contractors 

14 or operators; and 

15 (B) the top 10 categories of food, such as 

16 meat and poultry, seafood, eggs, dairy product, 

17 produce (fruits, vegetables, and nuts), grains 

18 and legumes, and processed and packaged 

19 foods. 

20 (4) The percentage of all food purchased by the 

21 Department that was a product of the United 

22 States, pursuant to section 4862 of title 10, United 

23 States Code. 

24 (5) The dollar amount of third-party certified 

25 and verified foods (such as USDA Organic, Equi-
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1 table Food Initiative, Fair Trade Certified, and 

2 other categories determined to be appropriate by the 

3 Secretary) purchased by the Department. 

4 (6) The dollar amount of contracts for food 

5 service, food, or food products entered into by the 

6 Department with woman-, minority-, and veteran7 owned businesses. 

8 Subtitle G—Other Matters 

9 SEC. 6071. IMPROVEMENTS TO DEPARTMENT OF VETERANS 

10 AFFAIRS-DEPARTMENT OF DEFENSE JOINT 

11 EXECUTIVE COMMITTEE. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Ensuring Interagency Cooperation to Support Veterans 

14 Act of 2023’’. 

15 (b) IN GENERAL.—Section 320 of title 38, United 

16 States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (2)— 

19 (i) in subparagraph (A), by striking ‘‘; 

20 and’’ and inserting a semicolon; 

21 (ii) in subparagraph (B), by striking 

22 the period at the end and inserting a semi23 colon; and 

24 (iii) by adding at the end the fol25 lowing new subparagraphs: 
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1 ‘‘(C) the Assistant Secretary of Labor for Vet2 erans’ Employment and Training and such other of3 ficers and employees of the Department of Labor as 

4 the Secretary of Labor may designate; and 

5 ‘‘(D) such officers and employees of other Exec6 utive agencies as the Secretary of Veterans Affairs 

7 and the Secretary of Defense jointly determine, with 

8 the consent of the heads of the Executive agencies 

9 of such officers and employees, necessary to carry 

10 out the goals and objectives of the Committee.’’; 

11 (B) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) The co-chairs of the Committee are the Deputy 

14 Secretary of Veterans Affairs and the Under Secretary of 

15 Defense for Personnel and Readiness.’’; 

16 (2) in subsection (b)(2), by striking ‘‘Job 

17 Training and Post-Service Placement Executive 

18 Committee’’ and inserting ‘‘Transition Executive 

19 Committee’’; 

20 (3) in subsection (d), by adding at the end the 

21 following new paragraph: 

22 ‘‘(6) Develop, implement, and oversee such 

23 other joint actions, initiatives, programs, and policies 

24 as the two Secretaries determine appropriate and 

25 consistent with the purpose of the Committee.’’; and 
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1 (4) in subsection (e)— 

2 (A) in the subsection heading, by striking 

3 ‘‘JOB TRAINING AND POST-SERVICE PLACE4 MENT’’ and inserting ‘‘TRANSITION’’; 

5 (B) in the matter before paragraph (1)— 

6 (i) by striking ‘‘Job Training and 

7 Post-Service Placement’’ and inserting 

8 ‘‘Transition’’; 

9 (ii) by inserting ‘‘, in addition to such 

10 other activities as may assigned to the 

11 committee under subsection (d)(6)’’ after 

12 ‘‘shall’’; and 

13 (C) in paragraph (2), by inserting ‘‘, tran14 sition from life in the Armed Forces to civilian 

15 life,’’ after ‘‘job training’’. 

16 SEC. 6072. GRAVE MARKERS AT SANTA FE NATIONAL CEME17 TERY, NEW MEXICO. 

18 (a) IN GENERAL.—Section 612 of the Veterans Mil19 lennium Health Care and Benefits Act (38 U.S.C. 2404 

20 note; Public Law 106–117) is repealed. 

21 (b) STUDY REQUIRED.—The Secretary of Veterans 

22 Affairs shall conduct a study on the cost to replace the 

23 flat grave markers that were provided under such section 

24 at the Santa Fe National Cemetery, New Mexico, with up25 right grave markers. 
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1 SEC. 6073. MODIFICATION OF COMPENSATION FOR MEM2 BERS OF THE AFGHANISTAN WAR COMMIS3 SION. 

4 Section 1094(g)(1) of the National Defense Author5 ization Act for Fiscal Year 2022 (Public Law 117–81; 135 

6 Stat. 1942) is amended to read as follows: 

7 ‘‘(1) COMPENSATION OF MEMBERS.— 

8 ‘‘(A) NON-FEDERAL EMPLOYEES.—A 

9 member of the Commission who is not an offi10 cer or employee of the Federal Government 

11 shall be compensated at a rate equal to the 

12 daily equivalent of the annual rate of basic pay 

13 prescribed for level IV of the Executive Sched14 ule under section 5315 of title 5, United States 

15 Code, for each day (including travel time) dur16 ing which the member is engaged in the per17 formance of the duties of the Commission. 

18 ‘‘(B) FEDERAL EMPLOYEES.— 

19 ‘‘(i) IN GENERAL.—A member of the 

20 Commission who is an employee of the 

21 Federal Government may be compensated 

22 as provided for under subparagraph (a) for 

23 periods of time during which the member 

24 is engaged in the performance of the duties 

25 of the Commission that fall outside of ordi-
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1 nary agency working hours, as determined 

2 by the employing agency of such member. 

3 ‘‘(ii) RULE OF CONSTRUCTION.— 

4 Nothing in this paragraph shall be con5 strued to authorize dual pay for work per6 formed on behalf of the Commission and 

7 for a Federal agency during the same 

8 hours of the same day.’’. 

9 SEC. 6074. RED HILL HEALTH IMPACTS. 

10 (a) REGISTRY FOR IMPACTED INDIVIDUALS OF THE

11 RED HILL INCIDENT.— 

12 (1) ESTABLISHMENT OF REGISTRY.—The Sec13 retary of Health and Human Services (referred to in 

14 this subsection as the ‘‘Secretary’’) shall establish 

15 within the Agency for Toxic Substances and Disease 

16 Registry or the Centers for Disease Control and Pre17 vention or through an award of a grant or contract, 

18 as the Secretary determines appropriate, a Red Hill 

19 Incident exposure registry to collect data on health 

20 implications of petroleum contaminated water for 

21 impacted individuals on a voluntary basis. Such reg22 istry shall be complementary to, and not duplicative 

23 of, the Red Hill Incident Report of the Defense Oc24 cupational and Environmental Health Readiness 

25 System. 
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1 (2) OTHER RESPONSIBILITIES.— 

2 (A) IN GENERAL.—The Secretary, in co3 ordination with the Director of the Centers for 

4 Disease Control and Prevention, and in con5 sultation with the Secretary of Defense, the 

6 Secretary of Veterans Affairs, and such State 

7 and local authorities or other partners as the 

8 Secretary of Health and Human Services con9 siders appropriate, shall— 

10 (i) review the Federal programs and 

11 services available to individuals exposed to 

12 petroleum; 

13 (ii) review current research on petro14 leum exposure in order to identify addi15 tional research needs; and 

16 (iii) undertake any other review or ac17 tivities that the Secretary determines to be 

18 appropriate. 

19 (B) REPORT.—Not later than 1 year after 

20 the date of enactment of this Act, and annually 

21 thereafter for 6 additional years, the Secretary 

22 shall submit to the appropriate congressional 

23 committees a report on the review and activities 

24 undertaken under subparagraph (A) that in25 cludes— 
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1 (i) strategies for communicating and 

2 engaging with stakeholders on the Red Hill 

3 Incident; 

4 (ii) the number of impacted and po5 tentially impacted individuals enrolled in 

6 the registry established under paragraph 

7 (1); 

8 (iii) measures and frequency of follow9 up to collect data and specimens related to 

10 exposure, health, and developmental mile11 stones as appropriate; and 

12 (iv) a summary of data and analyses 

13 on exposure, health, and developmental 

14 milestones for impacted individuals. 

15 (C) CONSULTATION.—In carrying out sub16 paragraphs (A) and (B), the Secretary shall 

17 consult with non-Federal experts, including in18 dividuals with certification in epidemiology, 

19 toxicology, mental health, pediatrics, and envi20 ronmental health, and members of the impacted 

21 community. 

22 (3) FUNDING.—Without regard to section 2215 

23 of title 10, United States Code, the Secretary of the 

24 Defense is authorized to provide, from amounts 

25 made available to such Secretary, such sums as may 
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1 be necessary for each of fiscal years 2024 through 

2 2030 for the Secretary of Health and Human Serv3 ices to carry out this subsection. 

4 (b) RED HILL EPIDEMIOLOGICAL HEALTH OUT5 COMES STUDY.— 

6 (1) CONTRACTS.—The Secretary of Health and 

7 Human Services may contract with independent re8 search institutes or consultants, nonprofit or public 

9 entities, laboratories, or medical schools, as the Sec10 retary considers appropriate, that are not part of the 

11 Federal Government to assist with the feasibility as12 sessment required by paragraph (2). 

13 (2) FEASIBILITY ASSESSMENT.—Not later than 

14 one year after the date of the enactment of this Act, 

15 the Secretary of Health and Human Services shall 

16 submit to the appropriate congressional committees 

17 the results of a feasibility assessment to inform the 

18 design of the epidemiological study or studies to as19 sess health outcomes for impacted individuals, which 

20 may include— 

21 (A) a strategy to recruit impacted individ22 uals to participate in the study or studies, in23 cluding incentives for participation; 

24 (B) a description of protocols and meth25 odologies to assess health outcomes from the 
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1 Red Hill Incident, including data management 

2 protocols to secure the privacy and security of 

3 the personal information of impacted individ4 uals; and 

5 (C) the periodicity for data collection that 

6 takes into account the differences between 

7 health care practices among impacted individ8 uals who are— 

9 (i) members of the Armed Forces on 

10 active duty or spouses or dependents of 

11 such members; 

12 (ii) members of the Armed Forces 

13 separating from active duty or spouses or 

14 dependents of such members; 

15 (iii) veterans and other individuals 

16 with access to health care from the De17 partment of Veterans Affairs; and 

18 (iv) individuals without access to 

19 health care from the Department of De20 fense or the Department of Veterans Af21 fairs; 

22 (D) a description of methodologies to ana23 lyze data received from the study or studies to 

24 determine possible connections between expo25 sure to water contaminated during the Red Hill 
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1 Incident and adverse impacts to the health of 

2 impacted individuals; 

3 (E) an identification of exposures resulting 

4 from the Red Hill Incident that may qualify in5 dividuals to be eligible for participation in the 

6 study or studies as a result of those exposures; 

7 and 

8 (F) steps that will be taken to provide in9 dividuals impacted by the Red Hill Incident 

10 with information on available resources and 

11 services. 

12 (3) NOTIFICATIONS; BRIEFINGS.—Not later 

13 than one year after the completion of the feasibility 

14 assessment under paragraph (2), the Secretary of 

15 Health and Human Services shall— 

16 (A) notify impacted individuals on the in17 terim findings of the study or studies; and 

18 (B) brief the appropriate congressional 

19 committees on the interim findings of the study 

20 or studies. 

21 (c) DEFINITIONS.—In this section: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 
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1 (A) the Committee on Health, Education, 

2 Labor, and Pensions of the Senate; 

3 (B) the Committee on Armed Services and 

4 the Subcommittee on Defense of the Committee 

5 on Appropriations of the Senate; 

6 (C) the Committee on Veterans’ Affairs of 

7 the Senate; 

8 (D) the Committee on Energy and Com9 merce of the House of Representatives; 

10 (E) the Committee on Armed Services and 

11 the Subcommittee on Defense of the Committee 

12 on Appropriations of the House of Representa13 tives; and 

14 (F) the Committee on Veterans’ Affairs of 

15 the House of Representatives. 

16 (2) IMPACTED INDIVIDUAL.—The term ‘‘im17 pacted individual’’ means an individual who, at the 

18 time of the Red Hill Incident, lived or worked in a 

19 building or residence served by the community water 

20 system at Joint Base Pearl Harbor-Hickam, Oahu, 

21 Hawaii. 

22 (3) RED HILL INCIDENT.—The term ‘‘Red Hill 

23 Incident’’ means the release of fuel from the Red 

24 Hill Bulk Fuel Storage Facility, Oahu, Hawaii, into 

25 the sole-source basal aquifer located 100 feet below 
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1 the facility, contaminating the community water sys2 tem at Joint Base Pearl Harbor-Hickam on Novem3 ber 20, 2021. 

4 SEC. 6075. PERMANENT AUTHORIZATION OF 

5 UNDETECTABLE FIREARMS ACT OF 1988. 

6 Section 2(f) of the Undetectable Firearms Act of 

7 1988 (18 U.S.C. 922 note; Public Law 100–649) is 

8 amended— 

9 (1) by striking ‘‘EFFECTIVE DATE AND SUN10 SET PROVISION’’ and all that follows through ‘‘This 

11 Act and the amendments’’ and inserting the fol12 lowing: ‘‘EFFECTIVE DATE.—This Act and the 

13 amendments’’; and 

14 (2) by striking paragraph (2). 

15 SEC. 6076. SENSE OF CONGRESS ON THE IMPORTANCE OF 

16 NON-GOVERNMENTAL RECOGNITION OF 

17 MILITARY ENLISTEES TO IMPROVE COMMU18 NITY SUPPORT FOR MILITARY RECRUIT19 MENT. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) publicly honoring and recognizing the young 

23 men and women who upon graduation from high24 school enlist to serve in the Armed Forces is a 

25 meaningful way to indicate national and local sup-
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1 port for those enlistees prior to initial accession 

2 training, express gratitude to their families, and en3 hance the partnerships between military recruiters 

4 and high school administrators and guidance coun5 selors; 

6 (2) the intrinsic value of these community cere7 monies should be formally recognized by the Office 

8 of the Secretary of Defense and the various military 

9 service recruiting commands; and 

10 (3) to the extent practicable, an appropriate 

11 level of joint military service support should be pro12 vided at these events, to include general officer and 

13 senior enlisted adviser participation, ceremonial unit 

14 involvement, musical support, and local recruiter 

15 presence. 

16 (b) BRIEFING.—Not later than March 23, 2024, the 

17 Secretary of Defense shall brief the congressional defense 

18 committees on the extent of Department of Defense and 

19 military service coordination and support rendered for the 

20 recognition events described in subsection (a), which are 

21 executed at no cost to the Federal Government under the 

22 independent, national direction of the ‘‘Our Community 

23 Salutes’’ organization, a registered 501(c)(3) organiza24 tion. 
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1 SEC. 6077. ADJUSTMENT OF THRESHOLD AMOUNT FOR 

2 MINOR MEDICAL FACILITY PROJECTS OF DE3 PARTMENT OF VETERANS AFFAIRS. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Department of Veterans Affairs Minor Construction 

6 Threshold Adjustment Act of 2023’’. 

7 (b) ADJUSTMENT OF THRESHOLD AMOUNT.—Sec8 tion 8104(a) of title 38, United States Code, is amended— 

9 (1) in paragraph (3)(A), by striking 

10 ‘‘$20,000,000’’ each place it appears and inserting 

11 ‘‘the amount specified in paragraph (4)’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(4)(A) The amount specified in this paragraph is 

15 $30,000,000, as adjusted pursuant to this paragraph. 

16 ‘‘(B)(i) The Secretary shall develop, through regula17 tions, a mechanism to adjust the amount under subpara18 graph (A) to account for relevant factors relating to con19 struction, cost of land, real estate, economic conditions, 

20 labor conditions, inflation, and other relevant factors the 

21 Secretary considers necessary to ensure such amount 

22 keeps pace with all economic conditions that impact the 

23 price of construction projects, to include planning, man24 agement, and delivery of the project. 

25 ‘‘(ii) In developing the mechanism under clause (i), 

26 the Secretary may— 
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1 ‘‘(I) use a mechanism or index already relied 

2 upon by the Department for other relevant pro3 grams, a mechanism or index used by another Fed4 eral agency, or a commercial mechanism or index if 

5 such mechanism or index satisfactorily addresses the 

6 intent of this subparagraph; or 

7 ‘‘(II) create a new mechanism or index if the 

8 Secretary considers it appropriate and necessary to 

9 do so. 

10 ‘‘(C)(i) Not less frequently than once every two years, 

11 the Secretary shall— 

12 ‘‘(I) adjust the amount under subparagraph 

13 (A); or 

14 ‘‘(II) publish a notice in the Federal Register 

15 indicating that no adjustment is warranted. 

16 ‘‘(ii) Not later than 30 days before adjusting an 

17 amount pursuant to clause (i)(I) or publishing a notice 

18 pursuant to clause (i)(II), the Secretary shall notify the 

19 Committee on Veterans’ Affairs and the Committee on Ap20 propriations of the Senate and the Committee on Vet21 erans’ Affairs and the Committee on Appropriations of the 

22 House of Representatives. 

23 ‘‘(D) The Secretary shall determine a logical schedule 

24 for adjustments under this paragraph to take effect so 

25 that the amounts for and types of construction projects 
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1 requested by the Department in the budget of the Presi2 dent under section 1105(a) of title 31 are consistent with 

3 the threshold for construction projects as so adjusted.’’. 

4 SEC. 6078. DESIGNATION OF NATIONAL MUSEUM OF THE 

5 MIGHTY EIGHTH AIR FORCE. 

6 (a) DESIGNATION.—The National Museum of the 

7 Mighty Eighth Air Force located at 175 Bourne Avenue, 

8 Pooler, Georgia (or any successor location), is designated 

9 as the official National Museum of the Mighty Eighth Air 

10 Force of the United States (referred to in this section as 

11 the ‘‘National Museum’’). 

12 (b) RELATION TO NATIONAL PARK SYSTEM.—The 

13 National Museum shall not be included as a unit of the 

14 National Park System. 

15 (c) RULE OF CONSTRUCTION.—This section shall not 

16 be construed to appropriate, or authorize the appropria17 tion of, Federal funds for any purpose related to the Na18 tional Museum. 

19 SEC. 6079. REVISION OF REQUIREMENT FOR TRANSFER OF 

20 CERTAIN AIRCRAFT TO STATE OF CALI21 FORNIA FOR WILDFIRE SUPPRESSION PUR22 POSES. 

23 (a) TRANSFER OF EXCESS COAST GUARD HC–130H 

24 AIRCRAFT.— 
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1 (1) TRANSFER TO STATE OF CALIFORNIA.—If 

2 the Governor of the State of California submits to 

3 the Secretary of Homeland Security a written re4 quest to acquire, pursuant to this section, the Fed5 eral property described in this paragraph, the Sec6 retary of Homeland Security shall transfer to the 

7 State of California without reimbursement— 

8 (A) all right, title, and interest of the 

9 United States in and to the seven HC–130H 

10 aircraft specified in paragraph (2); and 

11 (B) initial spares (calculated based on 

12 shelf stock support for seven HC–130H aircraft 

13 each flying 400 hours each year) and necessary 

14 ground support equipment for such aircraft. 

15 (2) AIRCRAFT SPECIFIED.—The aircraft speci16 fied in this paragraph are the HC–130H Coast 

17 Guard aircraft with serial numbers 1706, 1708, 

18 1709, 1713, 1714, 1719, and 1721. 

19 (3) TIMING; FAILURE TO SUBMIT REQUEST.— 

20 (A) IN GENERAL.—The transfers under 

21 paragraph (1) shall be made as soon as prac22 ticable after the date on which the Secretary of 

23 Homeland Security receives a request under 

24 such paragraph. 
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1 (B) FAILURE TO SUBMIT REQUEST.—If 

2 the Governor of the State of California fails to 

3 submit a request under paragraph (1) before 

4 the date that is 120 days after the date of the 

5 enactment of this Act— 

6 (i) paragraph (1) shall have no force 

7 or effect; and 

8 (ii) the Secretary of Homeland Secu9 rity may retain title and disposition of the 

10 Federal property described in paragraph 

11 (1). 

12 (4) MODIFICATIONS.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the transfers under para15 graph (1) may be carried out without further 

16 modifications by the United States to the air17 craft transferred under such paragraph. 

18 (B) DEMILITARIZED.—Before an aircraft 

19 may be transferred under paragraph (1), the 

20 aircraft shall be demilitarized as determined 

21 necessary by the Secretary of Homeland Secu22 rity. 

23 (b) CONDITIONS OF TRANSFER.—Aircraft trans24 ferred to the State of California under subsection (a)(1)— 
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1 (1) may be used only for wildfire suppression 

2 purposes; 

3 (2) may not be flown outside of, or otherwise 

4 removed from, the United States unless dispatched 

5 by the National Interagency Fire Center in support 

6 of an international agreement to assist in wildfire 

7 suppression efforts or for other disaster-related re8 sponse purposes approved by the Governor of the 

9 State of California in writing in advance; 

10 (3) may be used for wildfire suppression pur11 poses only after the aircraft is modified to conform 

12 with the standards and requirements for firefighting 

13 aircraft set forth by the National Interagency Avia14 tion Committee and the Interagency Airtanker 

15 Board; and 

16 (4) may only be disposed of by the State of 

17 California pursuant to the statutes and regulations 

18 governing disposal of aircraft provided to the State 

19 of California through the Federal Excess Personal 

20 Property Program. 

21 (c) TRANSFER OF RESIDUAL KITS AND PARTS HELD

22 BY AIR FORCE.—The Secretary of the Air Force may 

23 transfer to the State of California, without reimburse24 ment, any residual kits and parts held by the Secretary 

25 of the Air Force that were procured in anticipation of the 
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1 transfer to the Secretary of the Air Force of the aircraft 

2 specified in subsection (a)(2). 

3 (d) COSTS AFTER TRANSFER.—Any costs of oper4 ation, maintenance, sustainment, and disposal of aircraft, 

5 initial spares, and ground support equipment transferred 

6 to the Governor of the State of California under this sec7 tion that are incurred after the date of transfer shall be 

8 borne by the Governor of the State of California. 

9 (e) CONFORMING AMENDMENTS.— 

10 (1) SECTION 1098 OF FISCAL YEAR 2014

11 NDAA.—Section 1098 of the National Defense Au12 thorization Act for Fiscal Year 2014 (Public Law 

13 113–66; 127 Stat. 881), as amended by section 

14 1083 of the John S. McCain National Defense Au15 thorization Act for Fiscal Year 2019 (Public Law 

16 115–232; 132 Stat. 1989), is amended— 

17 (A) by striking subsection (a); 

18 (B) in subsection (b)(1), in the matter pre19 ceding subparagraph (A), by striking ‘‘and sub20 ject to the certification requirement under sub21 section (f),’’; 

22 (C) in subsection (c), by striking ‘‘or the 

23 Governor of California’’ each place it appears; 

24 (D) in subsection (e), in the matter pre25 ceding paragraph (1)— 
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1 (i) by striking ‘‘Promptly following 

2 the completion of the certification require3 ment under subsection (f) and notwith4 standing’’ and inserting ‘‘Notwith5 standing’’; and 

6 (ii) by striking ‘‘begin’’; and 

7 (E) by striking subsection (f). 

8 (2) SECTION 1083 OF FISCAL YEAR 2019

9 NDAA.—Section 1083 of the John S. McCain Na10 tional Defense Authorization Act for Fiscal Year 

11 2019 (Public Law 115–232; 132 Stat. 1989) is re12 pealed. 

13 SEC. 6080. EXTENSION OF ACTIVE DUTY TERM FOR AT14 TENDING PHYSICIAN AT UNITED STATES 

15 CAPITOL. 

16 The present incumbent Attending Physician at the 

17 United States Capitol shall be continued on active duty 

18 until 10 years after the date of the enactment of this Act. 

19 SEC. 6081. DISCLOSURES BY DIRECTORS, OFFICERS, AND 

20 PRINCIPAL STOCKHOLDERS. 

21 (a) IN GENERAL.—Section 16(a)(1) of the Securities 

22 Exchange Act of 1934 (15 U.S.C. 78p(a)(1)) is amended 

23 by inserting ‘‘(including any such security of a foreign pri24 vate issuer, as that term is defined in section 240.3b–4 
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1 of title 17, Code of Federal Regulations, or any successor 

2 regulation)’’ after ‘‘pursuant to section 12’’. 

3 (b) EFFECT ON REGULATION.—If any provision of 

4 section 240.3a12–3(b) of title 17, Code of Federal Regula5 tions, or any successor regulation, is inconsistent with the 

6 amendment made by subsection (a), that provision of such 

7 section 240.3a12–3(b) (or such successor) shall have no 

8 force or effect. 

9 (c) ISSUANCE OR AMENDMENT OF REGULATIONS.— 

10 Not later than 90 days after the date of enactment of this 

11 Act, the Securities and Exchange Commission shall issue 

12 final regulations (or amend existing regulations of the 

13 Commission) to carry out the amendment made by sub14 section (a). 

15 SEC. 6082. PREVENTING CHILD SEX ABUSE. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Preventing Child Sex Abuse Act of 2023’’. 

18 (b) SENSE OF CONGRESS.—The sense of Congress is 

19 the following: 

20 (1) The safety of children should be a top pri21 ority for public officials and communities in the 

22 United States. 

23 (2) According to the Rape, Abuse & Incest Na24 tional Network, an individual in the United States is 

25 sexually assaulted every 68 seconds. And every 9 
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1 minutes, that victim is a child. Meanwhile, only 25 

2 out of every 1,000 perpetrators will end up in pris3 on. 

4 (3) The effects of child sexual abuse can be 

5 long-lasting and affect the victim’s mental health. 

6 (4) Victims are more likely than non-victims to 

7 experience the following mental health challenges: 

8 (A) Victims are about 4 times more likely 

9 to develop symptoms of drug abuse. 

10 (B) Victims are about 4 times more likely 

11 to experience post-traumatic stress disorder as 

12 adults. 

13 (C) Victims are about 3 times more likely 

14 to experience a major depressive episode as 

15 adults. 

16 (5) The criminal justice system should and has 

17 acted as an important line of defense to protect chil18 dren and hold perpetrators accountable. 

19 (6) However, the horrific crimes perpetuated by 

20 Larry Nassar demonstrate firsthand the loopholes 

21 that still exist in the criminal justice system. While 

22 Larry Nassar was found guilty of several State-level 

23 offenses, he was not charged federally for his illicit 

24 sexual contact with minors, despite crossing State 

25 and international borders to commit this conduct. 
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1 (7) The Department of Justice has also identi2 fied a growing trend of Americans who use chari3 table or missionary work in a foreign country as a 

4 cover for sexual abuse of children. 

5 (8) It is the intent of Congress to prohibit 

6 Americans from engaging in sexual abuse or exploi7 tation of minors under the guise of work, including 

8 volunteer work, with an organization that affects 

9 interstate or foreign commerce, such as an inter10 national charity. 

11 (9) Federal law does not require that an abus12 er’s intention to engage in sexual abuse be a pri13 mary, significant, dominant, or motivating purpose 

14 of the travel. 

15 (10) Child sexual abuse does not require phys16 ical contact between the abuser and the child. This 

17 is especially true as perpetrators turn increasingly to 

18 internet platforms, online chat rooms, and webcams 

19 to commit child sexual abuse. 

20 (11) However, a decision of the United States 

21 Court of Appeals for the Seventh Circuit found the 

22 use of a webcam to engage in sexually provocative 

23 activity with a minor did not qualify as ‘‘sexual ac24 tivity’’. 
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1 (12) Congress can address this issue by amend2 ing the definition of the term ‘‘sexual activity’’ to 

3 clarify that it does not require interpersonal, phys4 ical contact. 

5 (13) It is the duty of Congress to provide clear6 er guidance to ensure that those who commit crimes 

7 against children are prosecuted to the fullest extent 

8 of the law. 

9 (c) INTERSTATE CHILD SEXUAL ABUSE.—Section 

10 2423 of title 18, United States Code, is amended— 

11 (1) in subsection (b), by striking ‘‘with a moti12 vating purpose of engaging in any illicit sexual con13 duct with another person’’ and inserting ‘‘with in14 tent to engage in any illicit sexual conduct with an15 other person’’; 

16 (2) by redesignating subsections (d), (e), (f), 

17 and (g) as subsections (e), (f), (g), and (i), respec18 tively; 

19 (3) in subsection (e), as so redesignated, by 

20 striking ‘‘with a motivating purpose of engaging in 

21 any illicit sexual conduct’’ and inserting ‘‘with intent 

22 to engage in any illicit sexual conduct’’; and 

23 (4) by inserting after subsection (g), as so re24 designated, the following: 
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1 ‘‘(h) RULE OF CONSTRUCTION.—As used in this sec2 tion, the term ‘intent’ shall be construed as any intention 

3 to engage in illicit sexual conduct at the time of the trav4 el.’’. 

5 (d) ABUSE UNDER THE GUISE OF CHARITY.—Sec6 tion 2423 of title 18, United States Code, as amended by 

7 subsection (c) of this section, is amended— 

8 (1) by inserting after subsection (c) the fol9 lowing: 

10 ‘‘(d) ILLICIT SEXUAL CONDUCT IN CONNECTION

11 WITH CERTAIN ORGANIZATIONS.—Any citizen of the 

12 United States or alien admitted for permanent residence 

13 who— 

14 ‘‘(1) is an officer, director, employee, or agent 

15 of an organization that affects interstate or foreign 

16 commerce; 

17 ‘‘(2) makes use of the mails or any means or 

18 instrumentality of interstate or foreign commerce 

19 through the connection or affiliation of the person 

20 with such organization; and 

21 ‘‘(3) commits an act in furtherance of illicit sex22 ual conduct through the connection or affiliation of 

23 the person with such organization, 

24 shall be fined under this title, imprisoned for not more 

25 than 30 years, or both.’’; 
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1 (2) in subsection (f), as so redesignated, by 

2 striking ‘‘or (d)’’ and inserting ‘‘(d), or (e)’’; and 

3 (3) in subsection (i), as so redesignated, by 

4 striking ‘‘(f)(2)’’ and inserting ‘‘(g)(2)’’. 

5 (e) SEXUAL ACTIVITY WITH MINORS.—Section 2427 

6 of title 18, United States Code, is amended by inserting 

7 ‘‘does not require interpersonal physical contact, and’’ be8 fore ‘‘includes’’. 

9 SEC. 6083. SENATE NATIONAL SECURITY WORKING GROUP. 

10 (a) IN GENERAL.—Section 21 of Senate Resolution 

11 64 (113th Congress), agreed to March 5, 2013, is amend12 ed by striking subsection (d). 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect as though enacted on De15 cember 31, 2022. 

16 SEC. 6084. RECOGNITION AS CORPORATION AND GRANT OF 

17 FEDERAL CHARTER FOR NATIONAL AMER18 ICAN INDIAN VETERANS, INCORPORATED. 

19 (a) IN GENERAL.—Part B of subtitle II of title 36, 

20 United States Code, is amended by inserting after chapter 

21 1503 the following: 

22 ‘‘CHAPTER 1504—NATIONAL AMERICAN 

23 INDIAN VETERANS, INCORPORATED 

‘‘Sec. 

‘‘150401. Organization. 

‘‘150402. Purposes. 

‘‘150403. Membership. 

‘‘150404. Board of directors. 
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‘‘150405. Officers. 

‘‘150406. Nondiscrimination. 

‘‘150407. Powers. 

‘‘150408. Exclusive right to name, seals, emblems, and badges. 

‘‘150409. Restrictions. 

‘‘150410. Duty to maintain tax-exempt status. 

‘‘150411. Records and inspection. 

‘‘150412. Service of process. 

‘‘150413. Liability for acts of officers and agents. 

‘‘150414. Failure to comply with requirements. 

‘‘150415. Annual report. 

1 ‘‘§ 150401 Organization 

2 ‘‘The National American Indian Veterans, Incor3 porated, a nonprofit corporation organized in the United 

4 States (referred to in this chapter as the ‘corporation’), 

5 is a federally chartered corporation. 

6 ‘‘§ 150402. Purposes 

7 ‘‘The purposes of the corporation are those stated in 

8 the articles of incorporation, constitution, and bylaws of 

9 the corporation, and include a commitment— 

10 ‘‘(1) to uphold and defend the Constitution of 

11 the United States while respecting the sovereignty of 

12 the American Indian Nations; 

13 ‘‘(2) to unite under one body all American In14 dian veterans who served in the Armed Forces of 

15 United States; 

16 ‘‘(3) to be an advocate on behalf of all Amer17 ican Indian veterans without regard to whether they 

18 served during times of peace, conflict, or war; 

19 ‘‘(4) to promote social welfare (including edu20 cational, economic, social, physical, and cultural val-
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1 ues and traditional healing) in the United States by 

2 encouraging the growth and development, readjust3 ment, self-respect, self-confidence, contributions, and 

4 self-identity of American Indian veterans; 

5 ‘‘(5) to serve as an advocate for the needs of 

6 American Indian veterans and their families and 

7 survivors in their dealings with all Federal and State 

8 government agencies; 

9 ‘‘(6) to promote, support, and utilize research, 

10 on a nonpartisan basis, pertaining to the relation11 ship between American Indian veterans and Amer12 ican society; and 

13 ‘‘(7) to provide technical assistance to the Bu14 reau of Indian Affairs regional areas that are not 

15 served by any veterans committee or organization or 

16 program by— 

17 ‘‘(A) providing outreach service to Indian 

18 Tribes in need; and 

19 ‘‘(B) training and educating Tribal Vet20 erans Service Officers for Indian Tribes in 

21 need. 

22 ‘‘§ 150403. Membership 

23 ‘‘Subject to section 150406, eligibility for member24 ship in the corporation, and the rights and privileges of 
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1 members, shall be as provided in the constitution and by2 laws of the corporation. 

3 ‘‘§ 150404. Board of directors 

4 ‘‘Subject to section 150406, the board of directors of 

5 the corporation, and the responsibilities of the board, shall 

6 be as provided in the constitution and bylaws of the cor7 poration and in conformity with the laws under which the 

8 corporation is incorporated. 

9 ‘‘§ 150405. Officers 

10 ‘‘Subject to section 150406, the officers of the cor11 poration, and the election of such officers, shall be as pro12 vided in the constitution and bylaws of the corporation and 

13 in conformity with the laws of the jurisdiction under which 

14 the corporation is incorporated. 

15 ‘‘§ 150406. Nondiscrimination 

16 ‘‘In establishing the conditions of membership in the 

17 corporation, and in determining the requirements for serv18 ing on the board of directors or as an officer of the cor19 poration, the corporation may not discriminate on the 

20 basis of race, color, religion, sex, national origin, handicap, 

21 or age. 

22 ‘‘§ 150407. Powers 

23 ‘‘The corporation shall have only those powers grant24 ed the corporation through its articles of incorporation, 

25 constitution, and bylaws, which shall conform to the laws 
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1 of the jurisdiction under which the corporation is incor2 porated. 

3 ‘‘§ 150408. Exclusive right to name, seals, emblems, 

4 and badges 

5 ‘‘(a) IN GENERAL.—The corporation shall have the 

6 sole and exclusive right to use the names ‘National Amer7 ican Indian Veterans, Incorporated’ and ‘National Amer8 ican Indian Veterans’, and such seals, emblems, and 

9 badges as the corporation may lawfully adopt. 

10 ‘‘(b) EFFECT.—Nothing in this section interferes or 

11 conflicts with any established or vested rights. 

12 ‘‘§ 150409. Restrictions 

13 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may 

14 not— 

15 ‘‘(1) issue any shares of stock; or 

16 ‘‘(2) declare or pay any dividends. 

17 ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— 

18 ‘‘(1) IN GENERAL.—The income or assets of the 

19 corporation may not— 

20 ‘‘(A) inure to any person who is a member, 

21 officer, or director of the corporation; or 

22 ‘‘(B) be distributed to any such person 

23 during the life of the charter granted by this 

24 chapter. 
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1 ‘‘(2) EFFECT.—Nothing in this subsection pre2 vents the payment of reasonable compensation to the 

3 officers of the corporation, or reimbursement for ac4 tual and necessary expenses, in amounts approved 

5 by the board of directors. 

6 ‘‘(c) LOANS.—The corporation may not make any 

7 loan to any officer, director, member, or employee of the 

8 corporation. 

9 ‘‘(d) NO FEDERAL ENDORSEMENT.—The corpora10 tion may not claim congressional approval or Federal Gov11 ernment authority by virtue of the charter granted by this 

12 chapter for any of the activities of the corporation. 

13 ‘‘§ 150410. Duty to maintain tax-exempt status 

14 ‘‘The corporation shall maintain its status as an or15 ganization exempt from taxation under the Internal Rev16 enue Code of 1986. 

17 ‘‘§ 150411. Records and inspection 

18 ‘‘(a) RECORDS.—The corporation shall keep— 

19 ‘‘(1) correct and complete books and records of 

20 accounts; 

21 ‘‘(2) minutes of any proceeding of the corpora22 tion involving any of member of the corporation, the 

23 board of directors, or any committee having author24 ity under the board of directors; and 
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1 ‘‘(3) at the principal office of the corporation, 

2 a record of the names and addresses of all members 

3 of the corporation having the right to vote. 

4 ‘‘(b) INSPECTION.— 

5 ‘‘(1) IN GENERAL.—All books and records of 

6 the corporation may be inspected by any member 

7 having the right to vote, or by any agent or attorney 

8 of such a member, for any proper purpose, at any 

9 reasonable time. 

10 ‘‘(2) EFFECT.—Nothing in this section con11 travenes— 

12 ‘‘(A) the laws of the jurisdiction under 

13 which the corporation is incorporated; or 

14 ‘‘(B) the laws of those jurisdictions within 

15 the United States and its territories within 

16 which the corporation carries out activities in 

17 furtherance of the purposes of the corporation. 

18 ‘‘§ 150412. Service of process 

19 ‘‘With respect to service of process, the corporation 

20 shall comply with the laws of— 

21 ‘‘(1) the jurisdiction under which the corpora22 tion is incorporated; and 

23 ‘‘(2) those jurisdictions within the United 

24 States and its territories within which the corpora-
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1 tion carries out activities in furtherance of the pur2 poses of the corporation. 

3 ‘‘§ 150413. Liability for acts of officers and agents 

4 ‘‘The corporation shall be liable for the acts of the 

5 officers and agents of the corporation acting within the 

6 scope of their authority. 

7 ‘‘§ 150414. Failure to comply with requirements 

8 ‘‘If the corporation fails to comply with any of the 

9 requirements of this chapter, including the requirement 

10 under section 150410 to maintain its status as an organi11 zation exempt from taxation, the charter granted by this 

12 chapter shall expire. 

13 ‘‘§ 150415. Annual report 

14 ‘‘(a) IN GENERAL.—The corporation shall submit to 

15 Congress an annual report describing the activities of the 

16 corporation during the preceding fiscal year. 

17 ‘‘(b) SUBMITTAL DATE.—Each annual report under 

18 this section shall be submitted at the same time as the 

19 report of the audit of the corporation required by section 

20 10101(b). 

21 ‘‘(c) REPORT NOT PUBLIC DOCUMENT.—No annual 

22 report under this section shall be printed as a public docu23 ment.’’. 

24 (b) CLERICAL AMENDMENT.—The table of chapters 

25 for subtitle II of title 36, United States Code, is amended 
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1 by inserting after the item relating to chapter 1503 the 

2 following: 

‘‘1504. National American Indian Veterans, Incorporated .............. 150401’’. 

3 Subtitle H—Granting Recognition 

4 to Accomplished Talented Em5 ployees for Unwavering Loyalty 

6 Act 

7 SEC. 6091. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Granting Recogni9 tion to Accomplished Talented Employees for Unwavering 

10 Loyalty Act’’ or ‘‘GRATEFUL Act’’. 

11 SEC. 6092. FINDINGS; SENSE OF CONGRESS. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) In 1952, with the enactment of the Immi15 gration and Nationality Act (8 U.S.C. 1101 et seq.), 

16 Congress established an immigrant visa program to 

17 reward foreign nationals who are United States Gov18 ernment employees for their service to the United 

19 States (referred to in this Act as the ‘‘Government 

20 Employee Immigrant Visa program’’). 

21 (2) For 71 years, the Government Employee 

22 Immigrant Visa program has allowed foreign nation23 als with at least 15 years of exceptional service to 
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1 the United States to immigrate to the United States 

2 with their families. 

3 (3) Such foreign national employees of the 

4 United States Government are the bulwark of 

5 United States foreign policy, risking their lives year 

6 after year through civil unrest, terrorism, natural 

7 disasters, and war. 

8 (4) The work of such foreign nationals— 

9 (A) ensures the safety and well-being of 

10 United States citizens; 

11 (B) provides security and logistics for vis12 iting delegations; and 

13 (C) supports United States Government 

14 operations abroad. 

15 (5) Such foreign nationals include employees of 

16 the Department of State, the United States Agency 

17 for International Development, the Department of 

18 Defense, the Department of Homeland Security, the 

19 Department of Justice, the Department of Com20 merce, and the Department of Agriculture. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that the United States should preserve the immi23 grant visa program for foreign nationals who are employ24 ees of the United States Government abroad or of the 

25 American Institute in Taiwan, and who have provided ex-
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1 ceptional service over a long term to the United States, 

2 by providing a dedicated allocation of visas for such em3 ployees and their immediate family members when visas 

4 are not immediately available in the corresponding visa 

5 category. 

6 SEC. 6093. VISA AVAILABILITY FOR GOVERNMENT EM7 PLOYEE IMMIGRANT VISA PROGRAM. 

8 (a) IN GENERAL.—Beginning in fiscal year 2024, 

9 subject to subsection (b), visas shall be made available to 

10 a special immigrant described in section 101(a)(27)(D) of 

11 the Immigration and Nationality Act (8 U.S.C. 

12 1101(a)(27)(D)) if a visa is not immediately available for 

13 issuance to the special immigrant under section 203(b)(4) 

14 of that Act (8 U.S.C. 1153(b)(4)). 

15 (b) NUMERICAL LIMITATIONS.— 

16 (1) FISCAL YEAR 2024.—For fiscal year 2024, 

17 not more than 3,500 visas shall be made available 

18 under subsection (a). 

19 (2) SUBSEQUENT FISCAL YEARS.—For fiscal 

20 year 2025 and each fiscal year thereafter, not more 

21 than 3,000 visas shall be made available under sub22 section (a). 

23 (c) TEMPORARY REDUCTION IN DIVERSITY VISAS.— 

24 Section 203(d)(2) of the Nicaraguan Adjustment and Cen-
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1 tral America Relief Act (8 U.S.C. 1151 note; Public Law 

2 105–100) is amended— 

3 (1) by amending paragraph (2) to read as fol4 lows: 

5 ‘‘(2) In no case shall the reduction under paragraph 

6 (1) for a fiscal year exceed the amount by which— 

7 ‘‘(A) the sum of— 

8 ‘‘(i) one-half of the total number of individ9 uals described in subclauses (I), (II), (III), and 

10 (IV) of section 309(c)(5)(C)(i) of the Illegal Im11 migration Reform and Immigrant Responsibility 

12 Act of 1996 (8 U.S.C. 1101 note; Public Law 

13 104–208) who have adjusted their status to 

14 that of aliens lawfully admitted for permanent 

15 residence under section 202 of the Nicaraguan 

16 Adjustment and Central American Relief Act 

17 (Public Law 105–100; 8 U.S.C. 1255 note) as 

18 of the end of the previous fiscal year; and 

19 ‘‘(ii) the total number of individuals de20 scribed in section 101(a)(27)(D) of the Immi21 gration and Nationality Act (8 U.S.C. 

22 1101(a)(27)(D)) for whom visas shall be made 

23 available for the applicable fiscal year under 

24 section 1093(b) of the Granting Recognition to 
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1 Accomplished Talented Employees for Unwaver2 ing Loyalty Act; exceeds 

3 ‘‘(B) the total of the reductions in available 

4 visas under this subsection for all previous fiscal 

5 years.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(3)(A) Paragraph (1) shall not apply in a fiscal year 

8 following a fiscal year for which the total number of aliens 

9 described in subparagraph (B) is zero. 

10 ‘‘(B) For a fiscal year, the total number of aliens de11 scribed in this subparagraph is the total number of indi12 viduals described in section 101(a)(27)(D) of the Immi13 gration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) 

14 who have been issued visas during the previous fiscal year 

15 under the Granting Recognition to Accomplished Talented 

16 Employees for Unwavering Loyalty Act. 

17 ‘‘(C) Nothing in this paragraph may be construed— 

18 ‘‘(i) to repeal, modify, or render permanently 

19 inapplicable paragraph (1); or 

20 ‘‘(ii) to prevent the offsetting of the number of 

21 visas described in that paragraph for the purpose of 

22 providing visa availability for aliens described in sub23 paragraph (B). 

24 ‘‘(4) In the event that the number of visas available 

25 for a fiscal year under section 201(e) of the Immigration 
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1 and Nationality Act (8 U.S.C. 1151(e)) is reduced to a 

2 number fewer than 50,000, not fewer than 3,000 visas 

3 shall be made available for individuals described in section 

4 1093(a) of the Granting Recognition to Accomplished Tal5 ented Employees for Unwavering Loyalty Act.’’. 

6 (d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion or the amendments made by this section may be con8 strued to modify the number of visas available under sec9 tion 203(b)(4) of the Immigration and Nationality Act (8 

10 U.S.C. 1153(b)(4)) to special immigrants described in sec11 tion 101(a)(27)(D) of that Act (8 U.S.C. 

12 1101(a)(27)(D)). 

13 Subtitle I—Additional Matters 

14 Relating to Artificial Intelligence 

15 SEC. 6096. REPORT ON ARTIFICIAL INTELLIGENCE REGU16 LATION IN FINANCIAL SERVICES INDUSTRY. 

17 (a) IN GENERAL.—Not later than 90 days after the 

18 date of enactment of this Act, each of the Board of Gov19 ernors of the Federal Reserve System, the Federal Deposit 

20 Insurance Corporation, the Office of the Comptroller of 

21 the Currency, the National Credit Union Administration, 

22 and the Bureau of Consumer Financial Protection shall 

23 submit to the Committee on Banking, Housing and Urban 

24 Affairs of the Senate and the Committee on Financial 

25 Services of the House of Representatives a report on its 
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1 gap in knowledge relating to artificial intelligence, includ2 ing an analysis on— 

3 (1) which tasks are most frequently being as4 sisted or completed with artificial intelligence in the 

5 institutions the agency regulates; 

6 (2) current governance standards in place for 

7 artificial intelligence use at the agency and current 

8 standards in place for artificial intelligence oversight 

9 by the agency; 

10 (3) potentially additional regulatory authorities 

11 required by the agency to continue to successfully 

12 execute its mission; 

13 (4) where artificial intelligence may lead to 

14 overlapping regulatory issues between agencies that 

15 require clarification; 

16 (5) how the agency is currently using artificial 

17 intelligence, how the agency plans to use such artifi18 cial intelligence the next 3 years, and the expected 

19 impact, including fiscal and staffing, of those plans; 

20 and 

21 (6) what resources, monetary or other re22 sources, if any, the agency requires to both adapt to 

23 the changes that artificial intelligence will bring to 

24 the regulatory landscape and to adequately adopt 
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1 and oversee the use of artificial intelligence across 

2 its operations described in paragraph (5). 

3 (b) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to require an agency to include con5 fidential supervisory information or pre-decisional or delib6 erative non-public information in a report under this sec7 tion. 

8 SEC. 6097. ARTIFICIAL INTELLIGENCE BUG BOUNTY PRO9 GRAMS. 

10 (a) PROGRAM FOR FOUNDATIONAL ARTIFICIAL IN11 TELLIGENCE PRODUCTS BEING INCORPORATED BY DE12 PARTMENT OF DEFENSE.— 

13 (1) DEVELOPMENT REQUIRED.—Not later than 

14 180 days after the date of the enactment of this Act 

15 and subject to the availability of appropriations, the 

16 Chief Data and Artificial Intelligence Officer of the 

17 Department of Defense shall develop a bug bounty 

18 program for foundational artificial intelligence mod19 els being integrated into Department of Defense 

20 missions and operations. 

21 (2) COLLABORATION.—In developing the pro22 gram required by paragraph (1), the Chief may col23 laborate with the heads of other government agen24 cies that have expertise in cybersecurity and artifi25 cial intelligence. 
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1 (3) IMPLEMENTATION AUTHORIZED.—The 

2 Chief may carry out the program developed pursu3 ant to subsection (a). 

4 (4) CONTRACTS.—The Secretary of Defense 

5 shall ensure, as may be appropriate, that whenever 

6 the Department of Defense enters into any contract, 

7 the contract allows for participation in the bug 

8 bounty program developed pursuant to paragraph 

9 (1). 

10 (5) RULE OF CONSTRUCTION.—Nothing in this 

11 subsection shall be construed to require— 

12 (A) the use of any foundational artificial 

13 intelligence model; or 

14 (B) the implementation of the program de15 veloped pursuant to paragraph (1) in order for 

16 the Department to incorporate a foundational 

17 artificial intelligence model. 

18 (b) BRIEFING.—Not later than one year after the 

19 date of the enactment of this Act, the Chief shall provide 

20 the congressional defense committees a briefing on— 

21 (1) the development and implementation of bug 

22 bounty programs the Chief considers relevant to the 

23 matters covered by this section; and 

24 (2) long-term plans of the Chief with respect to 

25 such bug bounty programs. 
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1 (c) DEFINITION OF FOUNDATIONAL ARTIFICIAL IN2 TELLIGENCE MODEL.—In this section, the term 

3 ‘‘foundational artificial intelligence model’’ means an 

4 adaptive generative model that is trained on a broad set 

5 of unlabeled data sets that can be used for different tasks, 

6 with minimal fine-tuning. 

7 SEC. 6098. VULNERABILITY ANALYSIS STUDY FOR ARTIFI8 CIAL INTELLIGENCE-ENABLED MILITARY AP9 PLICATIONS. 

10 (a) STUDY REQUIRED.—Not later than one year 

11 after the date of the enactment of this Act, the Chief Dig12 ital and Artificial Intelligence Officer (CDAO) of the De13 partment of Defense shall complete a study analyzing the 

14 vulnerabilities to the privacy, security, and accuracy of, 

15 and capacity to assess, artificial intelligence-enabled mili16 tary applications, as well as research and development 

17 needs for such applications. 

18 (b) ELEMENTS.—The study required by subsection 

19 (a) shall cover the following: 

20 (1) Research and development needs and transi21 tion pathways to advance explainable and interpret22 able artificial intelligence-enabled military applica23 tions, including the capability to assess the under24 lying algorithms and data models of such applica25 tions. 
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1 (2) Assessing the potential risks to the privacy, 

2 security, and accuracy of underlying architectures 

3 and algorithms of artificial intelligence-enabled mili4 tary applications, including the following: 

5 (A) Individual foundational artificial intel6 ligence models, including the adequacy of exist7 ing testing, training, and auditing for such 

8 models to ensure models can be properly as9 sessed over time. 

10 (B) The interactions of multiple artificial 

11 intelligence-enabled military applications, and 

12 the ability to detect and assess new, complex, 

13 and emergent behavior amongst individual 

14 agents, as well as the collective impact, includ15 ing how such changes may affect risk to pri16 vacy, security, and accuracy over time. 

17 (C) The impact of increased agency in arti18 ficial intelligence-enabled military applications 

19 and how such increased agency may affect the 

20 ability to detect and assess new, complex, and 

21 emergent behavior, as well risks to the privacy, 

22 security, and accuracy of such applications over 

23 time. 

24 (3) Assessing the survivability and traceability 

25 of decision support systems that are integrated with 
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1 artificial intelligence-enabled military applications 

2 and used in a contested environment, including— 

3 (A) potential benefits and risks to Depart4 ment of Defense missions and operations of im5 plementing such applications; and 

6 (B) other technical or operational con7 straints to ensure such decision support sys8 tems that are integrated with artificial intel9 ligence-enabled military applications are able to 

10 adhere to the Department of Defense Ethical 

11 Principles for Artificial Intelligence. 

12 (4) Identification of existing artificial intel13 ligence metrics, developmental, testing and audit ca14 pabilities, personnel, and infrastructure within the 

15 Department of Defense, including test and evalua16 tion facilities, needed to enable ongoing identifica17 tion and assessment under paragraphs (1) through 

18 (3), and other factors such as— 

19 (A) implications for deterrence systems 

20 based on systems warfare; and 

21 (B) vulnerability to systems confrontation 

22 on the system and system-of-systems level. 

23 (5) Identification of gaps or research needs to 

24 sufficiently respond to the elements outlined in this 
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1 subsection that are not currently, or not sufficiently, 

2 funded within the Department of Defense. 

3 (c) COORDINATION.—In carrying out the study re4 quired by subsection (a), the Chief Digital and Artificial 

5 Intelligence Officer shall coordinate with the following: 

6 (1) The Director of the Defense Advanced Re7 search Projects Agency (DARPA). 

8 (2) The Under Secretary of Defense for Re9 search and Evaluation. 

10 (3) The Under Secretary of Defense for Policy. 

11 (4) The Director for Operational Test and 

12 Evaluation (DOT&E) of the Department. 

13 (5) As the Chief Digital and Artificial Intel14 ligence Officer considers appropriate, the following: 

15 (A) The Secretary of Energy. 

16 (B) The Director of the National Institute 

17 of Standards and Technology. 

18 (C) The Director of the National Science 

19 Foundation. 

20 (D) The head of the National Artificial In21 telligence Initiative Office of the Office of 

22 Science and Technology Policy. 

23 (E) Members and representatives of indus24 try. 
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1 (F) Members and representatives of aca2 demia. 

3 (d) INTERIM BRIEFING.—Not later than 180 days 

4 after the date of the enactment of this Act, the Chief Dig5 ital and Artificial Intelligence Officer shall provide the 

6 congressional defense committees a briefing on the interim 

7 findings of the Chief Digital and Artificial Intelligence Of8 ficer with respect to the study being conducted pursuant 

9 to subsection (a). 

10 (e) FINAL REPORT.— 

11 (1) IN GENERAL.—Not later than one year 

12 after the date of the enactment of this Act, the 

13 Chief Digital and Artificial Intelligence Officer shall 

14 submit to the congressional defense committees a 

15 final report on the findings of the Chief Digital and 

16 Artificial Intelligence Officer with respect to the 

17 study conducted pursuant to subsection (a). 

18 (2) FORM.—The final report submitted pursu19 ant to paragraph (1) shall be submitted in unclassi20 fied for, but may include a classified annex. 

21 (f) DEFINITION OF FOUNDATIONAL ARTIFICIAL IN22 TELLIGENCE MODEL.—In this section, the term 

23 ‘‘foundational artificial intelligence model’’ means an 

24 adaptive generative model that is trained on a broad set 
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1 of unlabeled data sets that can be used for different tasks, 

2 with minimal fine-tuning. 

3 SEC. 6099. REPORT ON DATA SHARING AND COORDINA4 TION. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary of Defense 

7 shall submit to the congressional defense committees a re8 port on ways to improve data sharing, interoperability, 

9 and quality, as may be appropriate, across the Depart10 ment of Defense. 

11 (b) CONTENTS.—The report submitted pursuant to 

12 subsection (a) shall include the following: 

13 (1) A description of policies, practices, and cul14 tural barriers that impede data sharing and inter15 operability, and lead to data quality issues, among 

16 components of the Department. 

17 (2) The impact a lack of appropriate levels of 

18 data sharing, interoperability, and quality has on 

19 Departmental collaboration, efficiency, interoper20 ability, and joint-decisionmaking. 

21 (3) A review of current efforts to promote ap22 propriate data sharing, including to centralize data 

23 management, such as the ADVANA program. 

24 (4) A description of near-, mid-, and long-term 

25 efforts that the Office of the Secretary of Defense 
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1 plans to implement to promote data sharing and 

2 interoperability, including efforts to improve data 

3 quality. 

4 (5) A detailed plan to implement a data sharing 

5 and interoperability strategy that supports effective 

6 development and employment of artificial intel7 ligence-enabled military applications. 

8 (6) A detailed assessment of the implementa9 tion of the Department of Defense Data Strategy 

10 issued in 2020, as well as the use of data decrees 

11 to improve management rigor in the Department 

12 when it comes to data sharing and interoperability. 

13 (7) Any recommendations for Congress with re14 spect to assisting the Department in these efforts. 

15 TITLE LXII—MATTERS RELAT16 ING TO FOREIGN NATIONS 

17 Subtitle C—Matters Relating to Eu18 rope and the Russian Federa19 tion 

20 SEC. 6231. BLACK SEA SECURITY AND DEVELOPMENT 

21 STRATEGY. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘Black Sea Security Act of 2023’’. 

24 (b) SENSE OF CONGRESS ON BLACK SEA SECU25 RITY.—It is the sense of Congress that— 
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1 (1) it is in the interest of the United States to 

2 support efforts to prevent the spread of further 

3 armed conflict in Europe by recognizing the Black 

4 Sea region as an arena of Russian aggression; 

5 (2) littoral states of the Black Sea are critical 

6 in countering aggression by the Government of the 

7 Russian Federation and contributing to the collec8 tive security of NATO; 

9 (3) the repeated, illegal, unprovoked, and vio10 lent attempts of the Russian Federation to expand 

11 its territory and control access to the Mediterranean 

12 Sea through the Black Sea constitutes a threat to 

13 the national security of the United States and 

14 NATO; 

15 (4) the United States condemns attempts by 

16 the Russian Federation to change or alter bound17 aries in the Black Sea region by force or any means 

18 contrary to international law and to impose a sphere 

19 of influence across the region; 

20 (5) the United States condemns Russia’s illegit21 imate territorial claims, including those on the Cri22 mean Peninsula, along Ukraine’s territorial waters 

23 in the Black Sea and the Sea of Azov, in the Black 

24 Sea’s international waters, and in the territories it 

25 is illegally occupying in Ukraine; 
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1 (6) the United States should continue to work 

2 within NATO and with NATO allies to develop a 

3 long-term strategy to enhance security, establish a 

4 permanent, sustainable presence along NATO’s east5 ern flank, and bolster the democratic resilience of its 

6 allies and partners in the region; 

7 (7) the United States should consider whether 

8 it should work within NATO and with NATO allies 

9 to develop a regular, rotational maritime presence in 

10 the Black Sea; 

11 (8) the United States should work with the Eu12 ropean Union on coordinating a strategy to support 

13 democratic initiatives and economic prosperity in the 

14 region, which includes 2 European Union members 

15 and 4 European Union aspirant nations; 

16 (9) the United States should work to foster dia17 logue among countries within the Black Sea region 

18 to improve communication and intelligence sharing 

19 and increase cyber defense capabilities; 

20 (10) countries with historic and economic ties 

21 to Russia are looking to the United States and Eu22 rope to provide a positive economic presence in the 

23 broader region as a counterbalance to the Russian 

24 Federation’s malign influence in the region; 
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1 (11) it is in the interest of the United States 

2 to support and bolster the economic ties between the 

3 United States and Black Sea states; 

4 (12) the United States should support the ini5 tiative undertaken by central and eastern European 

6 states to advance the Three Seas Initiative Fund to 

7 strengthen transport, energy, and digital infrastruc8 ture connectivity in the region between the Adriatic 

9 Sea, Baltic Sea, and Black Sea; 

10 (13) there are mutually beneficial opportunities 

11 for increased investment and economic expansion, 

12 particularly on energy and transport infrastructure 

13 initiatives, between the United States and Black Sea 

14 states and the broader region; 

15 (14) improved economic ties between the United 

16 States and the Black Sea states and the broader re17 gion can lead to a strengthened strategic partner18 ship; 

19 (15) the United States must seek to address 

20 the food security challenges arising from disruption 

21 of Ukraine’s Black Sea and Azov Sea ports, as this 

22 global challenge will have critical national security 

23 implications for the United States, our partners, and 

24 allies; 
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1 (16) Turkey, in coordination with the United 

2 Nations, has played an important role in alleviating 

3 global food insecurity by negotiating two agreements 

4 to allow grain exports from Ukrainian ports through 

5 a safe corridor in the Black Sea; 

6 (17) Russia has a brutal history of using hun7 ger as a weapon and must be stopped; and 

8 (18) countering the PRC’s coercive economic 

9 pursuits remains an important policy imperative in 

10 order to further integrate the Black Sea states into 

11 western economies and improve regional stability. 

12 (c) UNITED STATES POLICY.—It is the policy of the 

13 United States— 

14 (1) to actively deter the threat of Russia’s fur15 ther escalation in the Black Sea region and defend 

16 freedom of navigation in the Black Sea to prevent 

17 the spread of further armed conflict in Europe; 

18 (2) to advocate within NATO, among NATO al19 lies, and within the European Union to develop a 

20 long-term coordinated strategy to enhance security, 

21 establish a sustainable presence in the eastern flank, 

22 and bolster the democratic resilience of United 

23 States allies and partners in the region; 
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1 (3) to consider whether to advocate within 

2 NATO and among NATO allies to develop a regular, 

3 rotational maritime presence in the Black Sea; 

4 (4) to support and bolster the economic ties be5 tween the United States and Black Sea partners and 

6 mobilize the Department of State, the Department 

7 of Defense, and other relevant Federal departments 

8 and agencies by enhancing the United States pres9 ence and investment in Black Sea states; 

10 (5) to provide economic alternatives to the 

11 PRC’s coercive economic options that destabilize and 

12 further erode economic integration of the Black Sea 

13 states; 

14 (6) to ensure that the United States continues 

15 to support Black Sea states’ efforts to strengthen 

16 their democratic institutions to prevent corruption 

17 and accelerate their advancement into the 

18 Euroatlantic community; and 

19 (7) to encourage the initiative undertaken by 

20 central and eastern European states to advance the 

21 Three Seas Initiative to strengthen transport, en22 ergy, and digital infrastructure connectivity in the 

23 region between the Adriatic Sea, Baltic Sea, and 

24 Black Sea. 

25 (d) DEFINITIONS.—In this section: 
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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Committee on Foreign Relations of 

5 the Senate; 

6 (B) the Committee on Armed Services of 

7 the Senate; 

8 (C) the Committee on Appropriations of 

9 the Senate; 

10 (D) the Select Committee on Intelligence 

11 of the Senate; 

12 (E) the Committee on Energy and Natural 

13 Resources of the Senate; 

14 (F) the Committee on Foreign Affairs of 

15 the House of Representatives; 

16 (G) the Committee on Armed Services of 

17 the House of Representatives; 

18 (H) the Committee on Appropriations of 

19 the House of Representatives; 

20 (I) the Permanent Select Committee on In21 telligence of the House of Representatives; and 

22 (J) the Committee on Energy and Com23 merce of the House of Representatives. 
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1 (2) BLACK SEA STATES.—The term ‘‘Black Sea 

2 states’’ means Turkey, Romania, Bulgaria, Moldova, 

3 Ukraine, and Georgia. 

4 (3) PRC.—The term ‘‘PRC’’ means the Peo5 ple’s Republic of China. 

6 (e) BLACK SEA SECURITY AND DEVELOPMENT

7 STRATEGY.—Not later than 180 days after the date of 

8 the enactment of this Act, the National Security Council, 

9 in coordination with the Department of State, the Depart10 ment of Defense, and other relevant Federal departments 

11 and agencies, shall direct an interagency strategy with a 

12 classified annex— 

13 (1) to increase coordination with NATO and 

14 the European Union; 

15 (2) to deepen economic ties; 

16 (3) to strengthen energy security; 

17 (4) to support efforts to bolster their demo18 cratic resilience; and 

19 (5) to enhance security assistance with our re20 gional partners in accordance with the values and in21 terests of the United States. 

22 (f) PURPOSE AND OBJECTIVES.—The strategy au23 thorized under subsection (e) shall have the following goals 

24 and objectives: 
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1 (1) Ensuring the efficient and effective delivery 

2 of security assistance to regional partners in accord3 ance with the values and interests of the United 

4 States, prioritizing assistance that will bolster de5 fenses and improve interoperability with NATO 

6 forces. 

7 (2) Bolstering United States support for the re8 gion’s energy security and integration with Europe 

9 and reducing their dependence on Russia while sup10 porting energy diversification. 

11 (3) Mitigating the impact of economic coercion 

12 by the Russian Federation and the PRC on Black 

13 Sea states and identifying new opportunities for for14 eign direct investment from the United States and 

15 cooperating countries and the enhancement of 

16 United States business ties with regional partners in 

17 accordance with the values and interests of the 

18 United States. 

19 (4) Increasing high-level engagement between 

20 the United States and regional partners, and rein21 forcing economic growth, financing quality infra22 structure, and reinforcing trade with a focus on im23 proving high-level economic cooperation. 
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1 (5) Increasing United States coordination with 

2 the European Union and NATO to maximize effec3 tiveness and minimize duplication. 

4 (g) ACTIVITIES.— 

5 (1) SECURITY.—The strategy authorized under 

6 subsection (e) should include the following elements 

7 related to security: 

8 (A) A plan to increase interagency coordi9 nation on the Black Sea region. 

10 (B) An assessment of whether a United 

11 States-led initiative with NATO allies to in12 crease coordination, presence, and regional en13 gagement among Black Sea states is advisable. 

14 (C) An assessment of whether there is a 

15 need to increase security assistance or security 

16 cooperation with Black Sea states, focused on 

17 Ukraine, Romania, Bulgaria, Moldova, and 

18 Georgia. 

19 (D) An assessment of the value of estab20 lishing a United States or multinational head21 quarters on the Black Sea, responsible for plan22 ning, readiness, exercises, and coordination of 

23 military activity in the greater Black Sea re24 gion. 
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1 (E) An assessment of the challenges and 

2 opportunities of establishing a regular, rota3 tional NATO maritime presence in the Black 

4 Sea. 

5 (F) An overview of Foreign Military Fi6 nancing, International Military Education and 

7 Training, and other United States security as8 sistance to the Black Sea region. 

9 (G) A plan for combating Russian 

10 disinformation and propaganda in the Black 

11 Sea region that utilizes the resources of the 

12 United States Government. 

13 (H) A plan to promote greater freedom of 

14 navigation to allow for greater security and eco15 nomic Black Sea access. 

16 (2) ECONOMIC PROSPERITY.—The strategy au17 thorized under subsection (e) shall include the fol18 lowing elements related to economic prosperity: 

19 (A) A strategy to foster dialogue between 

20 experts from the United States and from the 

21 Black Sea states on economic expansion, for22 eign direct investment, strengthening rule of 

23 law initiatives, and mitigating economic coer24 cion by Russia and the PRC. 
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1 (B) A strategy for all the relevant Federal 

2 departments and agencies that contribute to 

3 United States economic statecraft to expand 

4 their presence and identify new opportunities 

5 for private investment with regional partners in 

6 accordance with the values and interests of the 

7 United States. 

8 (C) Assessments on energy diversification, 

9 focusing on the immediate need to replace en10 ergy supplies from Russia, and recognizing the 

11 long-term importance of broader energy diver12 sification. 

13 (D) Assessments of potential food security 

14 solutions, including sustainable, long-term ar15 rangements beyond the Black Sea Grain Initia16 tive. 

17 (3) DEMOCRATIC RESILIENCE.—The strategy 

18 authorized under subsection (e) shall include the fol19 lowing elements related to democratic resilience: 

20 (A) A strategy to increase independent 

21 media and United States-supported media ini22 tiatives to combat foreign malign influence in 

23 the Black Sea region. 

24 (B) Greater mobilization of initiatives 

25 spearheaded by the Department of State and 
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1 the United States Agency for International De2 velopment to counter Russian propaganda and 

3 disinformation in the Black Sea region. 

4 (4) REGIONAL CONNECTIVITY.—The strategy 

5 authorized under subsection (e) shall promote re6 gional connectivity by sending high-level representa7 tives of the Department of State or other agency 

8 partners to— 

9 (A) the Black Sea region not less fre10 quently than twice per year; and 

11 (B) major regional fora on infrastructure 

12 and energy security, including the Three Seas 

13 Initiative Summit. 

14 (h) IDENTIFICATION OF NECESSARY PROGRAMS AND

15 RESOURCES.—Not later than 360 days after the date of 

16 the enactment of this Act, the interagency strategy shall 

17 identify any necessary program, policy, or budgetary re18 sources required, by agency, to support the implementa19 tion of the Black Sea Security Strategy for fiscal years 

20 2024, 2025, and 2026. 

21 (i) RESPONSIBILITIES OF FEDERAL DEPARTMENTS

22 AND AGENCIES.—Nothing under this section may be con23 strued to authorize the National Security Council to as24 sume any of the responsibilities or authorities of the head 

25 of any Federal department, agency, or office, including the 
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1 foreign affairs responsibilities and authorities of the Sec2 retary of State, to oversee the implementation of programs 

3 and policies under this section. 

4 Subtitle D—Matters Relating to the 

5 Indo-Pacific Region 

6 SEC. 6241. SENSE OF CONGRESS ON THE RENEWAL OF THE 

7 COMPACTS OF FREE ASSOCIATION WITH THE 

8 REPUBLIC OF PALAU, THE FEDERATED 

9 STATES OF MICRONESIA, AND THE REPUBLIC 

10 OF THE MARSHALL ISLANDS. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) in 1947, the United Nations entrusted the 

13 United States with the defense and security of the 

14 region that now comprises— 

15 (A) the Republic of Palau; 

16 (B) the Federated States of Micronesia; 

17 and 

18 (C) the Republic of the Marshall Islands; 

19 (2) in 1983, the United States signed Compacts 

20 of Free Association with the Federated States of Mi21 cronesia and the Republic of the Marshall Islands; 

22 (3) in 1985, the United States signed a Com23 pact of Free Association with the Republic of Palau; 

24 (4) in 1986, Congress— 
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1 (A) enacted the Compact of Free Associa2 tion Act of 1985 (48 U.S.C. 1901 note; Public 

3 Law 99–239), which approved the Compacts of 

4 Free Association with the Federated States of 

5 Micronesia and the Republic of the Marshall Is6 lands; and 

7 (B) enacted Public Law 99–658 (48 

8 U.S.C. 1931 note), which approved the Com9 pact of Free Association with the Republic of 

10 Palau; 

11 (5) in 2003, Congress enacted the Compact of 

12 Free Association Amendments Act of 2003 (48 

13 U.S.C. 1921 note; Public Law 108–188), which ap14 proved and renewed the Compacts of Free Associa15 tion with the Federated States of Micronesia and 

16 the Republic of the Marshall Islands; 

17 (6) in 2010, the United States and the Republic 

18 of Palau agreed to terms for renewing the Compact 

19 of Free Association with the Republic of Palau in 

20 the Palau Compact Review Agreement, which was 

21 approved by Congress in section 1259C of the Na22 tional Defense Authorization Act for Fiscal Year 

23 2018 (48 U.S.C. 1931 note; Public Law 115–91); 

24 (7) on January 11, 2023, the United States 

25 signed a Memorandum of Understanding with the 
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1 Republic of the Marshall Islands on funding prior2 ities for the Compact of Free Association with the 

3 Republic of the Marshall Islands; 

4 (8) on May 22, 2023, the United States signed 

5 the U.S.-Palau 2023 Agreement, following the Com6 pact of Free Association Section 432 Review; 

7 (9) on May 23, 2023, the United States signed 

8 3 agreements relating to the U.S.–FSM Compact of 

9 Free Association, which included— 

10 (A) an Agreement to Amend the Compact, 

11 as amended; 

12 (B) a new fiscal procedures agreement; 

13 and 

14 (C) a new trust fund agreement; and 

15 (10) the United States is undergoing negotia16 tions relating to the Compact of Free Association 

17 with the Republic of the Marshall Islands. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the close and strategic partnerships of the 

21 United States with the Republic of Palau, the Fed22 erated States of Micronesia, and the Republic of the 

23 Marshall Islands are vital to international peace and 

24 security in the Indo-Pacific region; 
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1 (2) the Compacts of Free Association with the 

2 Republic of Palau, the Federated States of Micro3 nesia, and the Republic of the Marshall Islands form 

4 the political, economic, and security architecture 

5 that bolsters and sustains security and drives re6 gional development and the prosperity of the larger 

7 Indo-Pacific community of nations; 

8 (3) certain provisions of the current Compacts 

9 of Free Association with the Federated States of Mi10 cronesia and the Republic of the Marshall Islands 

11 expire on September 30, 2023; 

12 (4) certain provisions of the Compact of Free 

13 Association with the Republic of Palau expire on 

14 September 30, 2024; 

15 (5) it is in the national interest of the United 

16 States to successfully renegotiate and renew the 

17 Compacts of Free Association with the Republic of 

18 Palau, the Federated States of Micronesia, and the 

19 Republic of the Marshall Islands; and 

20 (6) enacting legislation to approve amended 

21 Compacts of Free Association with the Republic of 

22 Palau, the Federated States of Micronesia, and the 

23 Republic of the Marshall Islands is the most impor24 tant way for Congress to support United States 

25 strategic partnerships with the 3 countries. 
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1 SEC. 6242. ELIGIBILITY OF TAIWAN FOR THE STRATEGIC 

2 TRADE AUTHORIZATION EXCEPTION TO CER3 TAIN EXPORT CONTROL LICENSING RE4 QUIREMENTS. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) Taiwan has adopted high standards in the 

8 field of export controls. 

9 (2) Taiwan has declared its unilateral adher10 ence to the Missile Technology Control Regime, the 

11 Wassenaar Arrangement, the Australia Group, and 

12 the Nuclear Suppliers Group. 

13 (3) At the request of President George W. 

14 Bush, section 1206 of the Foreign Relations Author15 ization Act, Fiscal Year 2003 (Public Law 107–228; 

16 22 U.S.C. 2321k note) required that Taiwan be 

17 treated as if it were designated as a major non18 NATO ally (as defined in section 644(q) of the For19 eign Assistance Act of 1961 (22 U.S.C. 2403(q)). 

20 (b) ELIGIBILITY FOR STRATEGIC TRADE AUTHOR21 IZATION.—The President, consistent with the commit22 ments of the United States under international arrange23 ments, shall take steps so that Taiwan may be treated as 

24 if it were included in the list of countries eligible for the 

25 strategic trade authorization exception under section 

26 740.20(c)(1) of the Export Administration Regulations to 
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1 the requirement for a license for the export, re-export, or 

2 in-country transfer of an item subject to controls under 

3 the Export Administration Regulations. 

4 (c) CRITERIA.—Before the President may treat Tai5 wan as eligible for the exception described in subsection 

6 (b), the President shall ensure that Taiwan satisfies any 

7 applicable criteria normally required for inclusion in the 

8 Country Group A:5 list set forth in Supplement No. 1 to 

9 part 740 of the Export Administration Regulations, par10 ticularly with respect to alignment of export control poli11 cies with such policies of the United States. 

12 (d) EXPORT ADMINISTRATION REGULATIONS DE13 FINED.—In this section, the term ‘‘Export Administration 

14 Regulations’’ has the meaning given that term in section 

15 1742 of the Export Control Reform Act of 2018 (50 

16 U.S.C. 4801). 

17 SEC. 6243. AUDIT TO IDENTIFY DIVERSION OF DEPART18 MENT OF DEFENSE FUNDING TO CHINA’S RE19 SEARCH LABS. 

20 Section 1263 is deemed to read as follows: 

21 ‘‘SEC. 1263. AUDIT TO IDENTIFY DIVERSION OF DEPART22 MENT OF DEFENSE FUNDING TO CHINA’S RE23 SEARCH LABS. 

24 ‘‘(a) IN GENERAL.—Not later than 180 days after 

25 the date of the enactment of this Act, the Department of 
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1 Defense Office of Inspector General shall conduct a study, 

2 and submit a report to Congress, regarding the amount 

3 of Federal funds awarded by the Department of Defense 

4 (whether directly or indirectly) through grants, contracts, 

5 subgrants, subcontracts, or any other type of agreement 

6 or collaboration, during the 10-year period immediately 

7 preceding such date of enactment, that— 

8 ‘‘(1) was provided, whether purposely or inad9 vertently, to— 

10 ‘‘(A) the People’s Republic of China; 

11 ‘‘(B) the Communist Party of China; 

12 ‘‘(C) the Wuhan Institute of Virology or 

13 any other organization administered by the Chi14 nese Academy of Sciences; 

15 ‘‘(D) EcoHealth Alliance Inc., including 

16 any subsidiaries and related organizations that 

17 are directly controlled by EcoHealth Alliance, 

18 Inc.; 

19 ‘‘(E) the Academy of Military Medical 

20 Sciences or any of its research institutes, in21 cluding the Beijing Institute of Microbiology 

22 and Epidemiology; or 

23 ‘‘(F) any other lab, agency, organization, 

24 individual, or instrumentality that is owned, 

25 controlled (directly or indirectly), or overseen 
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1 (officially or unofficially) by any of the entities 

2 listed in subparagraphs (A) through (D); or 

3 ‘‘(2) was used to fund research or experiments 

4 that could have reasonably resulted in the enhance5 ment of any coronavirus, influenza, Nipah, Ebola, or 

6 other pathogen of pandemic potential or chimeric 

7 versions of such a virus or pathogen in the People’s 

8 Republic of China or any other foreign country. 

9 ‘‘(b) IDENTIFICATION OF COUNTRIES AND PATHO10 GENS.—The report required under subsection (a) shall 

11 specify— 

12 ‘‘(1) the countries in which the research or ex13 periments described in subsection (a)(2) was con14 ducted; and 

15 ‘‘(2) the pathogens involved in such research or 

16 experiments.’’. 

17 Subtitle G—Other Matters 

18 SEC. 6291. SENSE OF THE SENATE ON DIGITAL TRADE AND 

19 THE DIGITAL ECONOMY. 

20 (a) FINDINGS.—Congress makes the following find21 ings: 

22 (1) Over half of the world’s population, totaling 

23 more than 5,000,000,000 people, use the internet. 

24 (2) The digital economy encompasses the eco25 nomic and social activity from billions of online con-
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1 nections among people, businesses, devices, and data 

2 as a result of the internet, mobile technology, and 

3 the internet of things. 

4 (3) The Bureau of Economic Analysis found 

5 that the digital economy contributed nearly 10.3 

6 percent of United States gross domestic product and 

7 supported 8,000,000 United States jobs in 2020. 

8 (4) The digital sector added 1,400,000 new jobs 

9 between 2019 and 2022. 

10 (5) United States jobs supported by the digital 

11 economy have sustained annual wage growth at a 

12 rate of 5.9 percent since 2010, as compared to a 4.2 

13 percent for all jobs. 

14 (6) In 2021, United States exports of digital 

15 services surpassed $594,000,000,000, accounting for 

16 more than half of all United States services exports 

17 and generating a digital services trade surplus for 

18 the United States of $262,300,000,000. 

19 (7) Digital trade bolsters the digital economy by 

20 enabling the sale of goods on the internet and the 

21 supply of online services across borders and depends 

22 on the free flow of data across borders to promote 

23 commerce, manufacturing, and innovation. 

24 (8) Digital trade has become increasingly vital 

25 to United States workers and businesses of all sizes, 
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1 including the countless small and medium-sized en2 terprises that use digital technology, data flows, and 

3 e-commerce to export goods and services across the 

4 world. 

5 (9) Digital trade has advanced entrepreneurship 

6 opportunities for women, people of color, and indi7 viduals from otherwise underrepresented back8 grounds and enabled the formation of innovative 

9 start-ups. 

10 (10) International supply chains are becoming 

11 increasingly digitized and data driven and businesses 

12 in a variety of industries, such as construction, 

13 healthcare, transportation, and aerospace, invested 

14 heavily in digital supply chain technologies in 2020. 

15 (11) United States Trade Representative Kath16 erine Tai said, ‘‘[T]here is no bright line separating 

17 digital trade from the digital economy—or the ‘tra18 ditional’ economy for that matter. Nearly every as19 pect of our economy has been digitized to some de20 gree.’’. 

21 (12) Industries outside of the technology sector, 

22 such as manufacturing and agriculture, are inte23 grating digital technology into their businesses in 

24 order to increase efficiency, improve safety, reach 

25 new customers, and remain globally competitive. 
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1 (13) The increasing reliance on digital tech2 nologies has modernized legacy processes, acceler3 ated workflows, increased access to information and 

4 services, and strengthened security in a variety of in5 dustries, leading to better health, environmental, and 

6 safety outcomes. 

7 (14) The COVID–19 pandemic has led to in8 creased uptake and reliance on digital technologies, 

9 data flows, and e-commerce. 

10 (15) Ninety percent of adults in the United 

11 States say that the internet has been essential or 

12 important for them personally during the COVID– 

13 19 pandemic. 

14 (16) United States families, workers, and busi15 ness owners have seen how vital access to the inter16 net has been to daily life, as work, education, medi17 cine, and communication with family and friends 

18 have shifted increasingly online. 

19 (17) Many individuals and families, especially 

20 in rural and Tribal communities, struggle to partici21 pate in the digital economy because of a lack of ac22 cess to a reliable internet connection. 

23 (18) New developments in technology must be 

24 deployed with consideration to the unique access 
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1 challenges of rural, urban underserved, and vulner2 able communities. 

3 (19) Digital trade has the power to help level 

4 the playing field and uplift those in traditionally un5 represented or underrepresented communities. 

6 (20) Countries have negotiated international 

7 rules governing digital trade in various bilateral and 

8 plurilateral agreements, but those rules remain frag9 mented, and no multilateral agreement on digital 

10 trade exists within the World Trade Organization. 

11 (21) The United States, through free trade 

12 agreements or other digital agreements, has been a 

13 leader in developing a set of rules and standards on 

14 digital governance and e-commerce that has helped 

15 allies and partners of the United States unlock the 

16 full economic and social potential of digital trade. 

17 (22) Congress recognizes the need for agree18 ments on digital trade, as indicated by its support 

19 for a robust digital trade chapter in the United 

20 States-Mexico-Canada Agreement. 

21 (23) Other countries are operating under their 

22 own digital rules, some of which are contrary to 

23 democratic values shared by the United States and 

24 many allies and partners of the United States. 
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1 (24) Those countries are attempting to advance 

2 their own digital rules on a global scale. 

3 (25) Examples of the plethora of nontariff bar4 riers to digital trade that have emerged around the 

5 globe include— 

6 (A) overly restrictive data localization re7 quirements and limitations on cross border data 

8 flows that do not achieve legitimate public pol9 icy objectives; 

10 (B) intellectual property rights infringe11 ment; 

12 (C) policies that make market access con13 tingent on forced technology transfers or vol14 untary transfers subject to coercive terms; 

15 (D) web filtering; 

16 (E) economic espionage; 

17 (F) cybercrime exposure; and 

18 (G) government-directed theft of trade se19 crets. 

20 (26) Certain countries are pursuing or have im21 plemented digital policies that unfairly discriminate 

22 against innovative United States technology compa23 nies and United States workers that create and de24 liver digital products and services. 
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1 (27) The Government of the People’s Republic 

2 of China is currently advancing a model for digital 

3 governance and the digital economy domestically and 

4 abroad through its Digital Silk Road Initiative that 

5 permits censorship, surveillance, human and worker 

6 rights abuses, forced technology transfers, and data 

7 flow restrictions at the expense of human and work8 er rights, privacy, the free flow of data, and an open 

9 internet. 

10 (28) The 2022 Country Reports on Human 

11 Rights Practices of the Department of State high12 lighted significant human rights issues committed by 

13 the People’s Republic of China in the digital realm, 

14 including ‘‘arbitrary interference with privacy includ15 ing pervasive and intrusive technical surveillance and 

16 monitoring including the use of COVID–19 tracking 

17 apps for nonpublic-health purposes; punishment of 

18 family members for offenses allegedly committed by 

19 an individual; serious restrictions on free expression 

20 and media, including physical attacks on and crimi21 nal prosecution of journalists, lawyers, writers, 

22 bloggers, dissidents, petitioners, and others; serious 

23 restrictions on internet freedom, including site block24 ing’’. 
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1 (29) The United States discourages digital 

2 authoritarianism, including practices that undermine 

3 human and worker rights and result in other social 

4 and economic coercion. 

5 (30) Allies and trading partners of the United 

6 States in the Indo-Pacific region have urged the 

7 United States to deepen economic engagement in the 

8 region by negotiating rules on digital trade and tech9 nology standards. 

10 (31) The digital economy has provided new op11 portunities for economic development, entrepreneur12 ship, and growth in developing countries around the 

13 world. 

14 (32) Negotiating strong digital trade principles 

15 and commitments with allies and partners across the 

16 globe enables the United States to unite like-minded 

17 economies around common standards and ensure 

18 that principles of democracy, rule of law, freedom of 

19 speech, human and worker rights, privacy, and a 

20 free and open internet are at the very core of digital 

21 governance. 

22 (33) United States leadership and substantive 

23 engagement is necessary to ensure that global digital 

24 rules reflect United States values so that workers 

25 are treated fairly, small businesses can compete and 
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1 win in the global economy, and consumers are guar2 anteed the right to privacy and security. 

3 (34) The United States supports rules that re4 duce digital trade barriers, promote free expression 

5 and the free flow of information, enhance privacy 

6 protections, protect sensitive information, defend 

7 human and worker rights, prohibit forced technology 

8 transfer, and promote digitally enabled commerce. 

9 (35) The United States supports efforts to co10 operate with allies and trading partners to mitigate 

11 the risks of cyberattacks, address potentially illegal 

12 or deceptive business activities online, promote fi13 nancial inclusion and digital workforce skills, and 

14 develop rules to govern the use of artificial intel15 ligence and other emerging and future technologies. 

16 (b) SENSE OF THE SENATE.—It is the sense of the 

17 Senate that— 

18 (1) the United States should negotiate strong, 

19 inclusive, forward-looking, and enforceable rules on 

20 digital trade and the digital economy with like-mind21 ed countries as part of a broader trade and economic 

22 strategy to address digital barriers and ensure that 

23 the United States values of democracy, rule of law, 

24 freedom of speech, human and worker rights, pri-
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1 vacy, and a free and open internet are at the very 

2 core of the digital world and advanced technology; 

3 (2) in conducting such negotiations, the United 

4 States must— 

5 (A) pursue digital trade rules that— 

6 (i) serve the best interests of workers, 

7 consumers, and small and medium-sized 

8 enterprises; 

9 (ii) empower United States workers; 

10 (iii) fuel wage growth; and 

11 (iv) lead to materially positive eco12 nomic outcomes for all people in the 

13 United States; 

14 (B) ensure that any future agreement pre15 vents the adoption of non-democratic, coercive, 

16 or overly restrictive policies that would be ob17 stacles to a free and open internet and harm 

18 the ability of the e-commerce marketplace to 

19 continue to grow and thrive; 

20 (C) coordinate sufficient trade-related as21 sistance to ensure that developing countries can 

22 improve their capacity and benefit from in23 creased digital trade; and 

24 (D) consult closely with all relevant stake25 holders, including workers, consumers, small 
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1 and medium-sized enterprises, civil society 

2 groups, and human rights advocates; and 

3 (3) with respect to any negotiations for an 

4 agreement facilitating digital trade, the United 

5 States Trade Representative and the heads of other 

6 relevant Federal agencies must consult closely and 

7 on a timely basis with Congress. 

8 SEC. 6292. ASSESSMENT OF CERTAIN UNITED STATES-ORI9 GIN TECHNOLOGY USED BY FOREIGN ADVER10 SARIES. 

11 (a) IN GENERAL.—The Director of National Intel12 ligence shall conduct an assessment to evaluate the top 

13 five technologies that originate in the United States and 

14 are not currently subject to export controls as prioritized 

15 by the Director of National Intelligence, in order to iden16 tify and assess the risk from those specified technologies 

17 that could be or are being used by foreign adversaries in 

18 foreign espionage programs targeting the United States. 

19 (b) REPORT REQUIRED.—Not later than 270 days 

20 after the date of the enactment of this Act, the Director 

21 shall submit a report on the assessment required by sub22 section (a) to— 

23 (1) the Committee on Armed Services and the 

24 Select Committee on Intelligence of the Senate; and 
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1 (2) the Committee on Armed Services and the 

2 Permanent Select Committee on Intelligence of the 

3 House of Representatives. 

4 SEC. 6293. VIRGINIA CLASS SUBMARINE TRANSFER CER5 TIFICATION. 

6 (a) CERTIFICATION REQUIRED.— 

7 (1) IN GENERAL.—Not less than 60 days prior 

8 to transferring one or more Virginia class sub9 marines from the inventory of the United States 

10 Navy to the Government of Australia, under section 

11 21 of the Arms Export Control Act (22 U.S.C. 

12 2761), the President shall certify to the appropriate 

13 congressional committees that— 

14 (A) any submarine transferred under such 

15 authority shall be used to support the joint se16 curity interests and military operations of the 

17 United States and Australia; 

18 (B) Submarine Rotational Forces-West 

19 Full Operational Capability to support 4 

20 rotationally deployed Virginia-class submarines 

21 and one Astute-class submarine has been 

22 achieved, including the Government of Australia 

23 having demonstrated the domestic capacity to 

24 fully perform all the associated activities nec-
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1 essary for the safe hosting and operation of nu2 clear-powered submarines; and 

3 (C) Australia Sovereign-Ready Initial 

4 Operational Capability to support a Royal Aus5 tralian Navy Virginia-class submarine has been 

6 achieved, including the Government of Australia 

7 having demonstrated the domestic capacity to 

8 fully perform all the associated— 

9 (i) activities necessary for the safe 

10 hosting and operation of nuclear-powered 

11 submarines; 

12 (ii) crewing; 

13 (iii) operations; 

14 (iv) regulatory and emergency proce15 dures, including those specific to nuclear 

16 power plants; and 

17 (v) detailed planning for enduring Vir18 ginia-class submarine ownership, including 

19 each significant event leading up to and in20 cluding nuclear defueling. 

21 (b) DEFINITIONS.—In this section: 

22 (1) ACTIVITIES NECESSARY FOR THE SAFE

23 HOSTING OR OPERATION OF NUCLEAR-POWERED

24 SUBMARINES.—The term ‘‘activities necessary for 

25 the safe hosting and operation of nuclear-powered 
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1 submarines’’ means each of the following activities 

2 as it relates to Virginia-class and Astute-class sub3 marines, as appropriate, and in accordance with ap4 plicable United States Navy or other Government 

5 agency instructions, regulations, and standards: 

6 (A) Maintenance. 

7 (B) Training. 

8 (C) Technical oversight. 

9 (D) Safety certifications. 

10 (E) Physical, communications, operational, 

11 cyber, and other security measures. 

12 (F) Port operations and infrastructure 

13 support. 

14 (G) Storage, including spare parts, repair 

15 parts, and munitions. 

16 (H) Hazardous material handling and stor17 age. 

18 (I) Information technology systems. 

19 (J) Support functions, including those re20 lated to medical, quality-of-life, and family 

21 needs. 

22 (K) Such other related tasks as may be 

23 specified by the Secretary of Defense. 
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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Relations, 

5 the Committee on Armed Services, and the 

6 Committee on Appropriations of the Senate; 

7 and 

8 (B) the Committee on Foreign Affairs, the 

9 Committee on Armed Services, and the Com10 mittee on Appropriations of the House of Rep11 resentatives. 

12 TITLE LXV—SPACE ACTIVITIES, 

13 STRATEGIC PROGRAMS, AND 

14 INTELLIGENCE MATTERS 

15 Subtitle B—Nuclear Forces 

16 SEC. 6511. ANNUAL REPORT ON DEVELOPMENT OF LONG17 RANGE STAND-OFF WEAPON. 

18 (a) REPORT REQUIRED.—Not later than March 1, 

19 2024, and annually thereafter until the date on which 

20 long-range stand-off weapon reaches initial operational ca21 pability, the Administrator for Nuclear Security, in coordi22 nation with the Secretary of the Air Force and the Chair23 man of the Nuclear Weapons Council, shall submit to the 

24 congressional defense committees a report on the joint de25 velopment of the long-range stand-off weapon, including 
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1 the missile developed by the Air Force and the W80–4 

2 warhead life extension program conducted by the National 

3 Nuclear Security Administration. 

4 (b) ELEMENTS.—The report under subsection (a) 

5 shall include the following: 

6 (1) An estimate of the date on which the long7 range stand-off weapon will reach initial operational 

8 capability. 

9 (2) A description of any development milestones 

10 for the missile developed by the Air Force or the 

11 warhead developed by the National Nuclear Security 

12 Administration that depend on corresponding 

13 progress at the other agency. 

14 (3) A description of coordination efforts be15 tween the Air Force and the National Nuclear Secu16 rity Administration during the period covered by the 

17 report. 

18 (4) A description of any schedule delays pro19 jected by the Air Force or the National Nuclear Se20 curity Administration and the anticipated effect such 

21 delays would have on the schedule of work of the 

22 other agency. 

23 (5) Plans to mitigate the effects of any delays 

24 described in paragraph (4). 
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1 (6) A description of any ways, including 

2 through the availability of additional funding or au3 thorities, in which the development milestones de4 scribed in paragraph (2) or the estimated date of 

5 initial operational capability referred to in paragraph 

6 (1), could be achieved more quickly. 

7 (7) An estimate of the acquisition costs for the 

8 long-range stand-off weapon and the W80–4 war9 head life extension program. 

10 (c) FORM.—The report required by subsection (a) 

11 shall be submitted in unclassified form, but may include 

12 a classified annex. 

13 TITLE LXVIII—FEND OFF 

14 FENTANYL ACT 

15 SEC. 6801. SHORT TITLE. 

16 This title may be cited as the ‘‘Fentanyl Eradication 

17 and Narcotics Deterrence Off Fentanyl Act’’ or the 

18 ‘‘FEND Off Fentanyl Act’’. 

19 SEC. 6802. SENSE OF CONGRESS. 

20 It is the sense of Congress that— 

21 (1) the proliferation of fentanyl is causing an 

22 unprecedented surge in overdose deaths in the 

23 United States, fracturing families and communities, 

24 and necessitating a comprehensive policy response to 
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1 combat its lethal flow and to mitigate the drug’s 

2 devastating consequences; 

3 (2) the trafficking of fentanyl into the United 

4 States is a national security threat that has killed 

5 hundreds of thousands of United States citizens; 

6 (3) transnational criminal organizations, includ7 ing cartels primarily based in Mexico, are the main 

8 purveyors of fentanyl into the United States and 

9 must be held accountable; 

10 (4) precursor chemicals sourced from the Peo11 ple’s Republic of China are— 

12 (A) shipped from the People’s Republic of 

13 China by legitimate and illegitimate means; 

14 (B) transformed through various synthetic 

15 processes to produce different forms of 

16 fentanyl; and 

17 (C) crucial to the production of illicit 

18 fentanyl by transnational criminal organiza19 tions, contributing to the ongoing opioid crisis; 

20 (5) the United States Government must remain 

21 vigilant to address all new forms of fentanyl precur22 sors and drugs used in combination with fentanyl, 

23 such as Xylazine, which attribute to overdose deaths 

24 of people in the United States; 
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1 (6) to increase the cost of fentanyl trafficking, 

2 the United States Government should work collabo3 ratively across agencies and should surge analytic 

4 capability to impose sanctions and other remedies 

5 with respect to transnational criminal organizations 

6 (including cartels), including foreign nationals who 

7 facilitate the trade in illicit fentanyl and its precur8 sors from the People’s Republic of China; and 

9 (7) the Department of the Treasury should 

10 focus on fentanyl trafficking and its facilitators as 

11 one of the top national security priorities for the De12 partment. 

13 SEC. 6803. DEFINITIONS. 

14 In this title: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the Committee on Banking, Housing, 

19 and Urban Affairs and the Committee on For20 eign Relations of the Senate; and 

21 (B) the Committee on Foreign Affairs and 

22 the Committee on Financial Services of the 

23 House of Representatives. 

24 (2) FOREIGN PERSON.—The term ‘‘foreign per25 son’’— 
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1 (A) means— 

2 (i) any citizen or national of a foreign 

3 country; or 

4 (ii) any entity not organized under the 

5 laws of the United States or a jurisdiction 

6 within the United States; and 

7 (B) does not include the government of a 

8 foreign country. 

9 (3) KNOWINGLY.—The term ‘‘knowingly’’, with 

10 respect to conduct, a circumstance, or a result, 

11 means that a person has actual knowledge, or should 

12 have known, of the conduct, the circumstance, or the 

13 result. 

14 (4) TRAFFICKING.—The term ‘‘trafficking’’, 

15 with respect to fentanyl, fentanyl precursors, or 

16 other related opioids, has the meaning given the 

17 term ‘‘opioid trafficking’’ in section 7203 of the 

18 Fentanyl Sanctions Act (21 U.S.C. 2302). 

19 (5) TRANSNATIONAL CRIMINAL ORGANIZA20 TION.—The term ‘‘transnational criminal organiza21 tion’’ includes— 

22 (A) any organization designated as a sig23 nificant transnational criminal organization 

24 under part 590 of title 31, Code of Federal 

25 Regulations; 
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1 (B) any of the organizations known as— 

2 (i) the Sinaloa Cartel; 

3 (ii) the Jalisco New Generation Car4 tel; 

5 (iii) the Gulf Cartel; 

6 (iv) the Los Zetas Cartel; 

7 (v) the Juarez Cartel; 

8 (vi) the Tijuana Cartel; 

9 (vii) the Beltran-Leyva Cartel; or 

10 (viii) La Familia Michoacana; or 

11 (C) any other organization that the Presi12 dent determines is a transnational criminal or13 ganization; or 

14 (D) any successor organization to an orga15 nization described in subparagraph (B) or as 

16 otherwise determined by the President. 

17 (6) UNITED STATES PERSON.—The term 

18 ‘‘United States person’’ means— 

19 (A) a United States citizen or an alien law20 fully admitted for permanent residence to the 

21 United States; 

22 (B) an entity organized under the laws of 

23 the United States or of any jurisdiction within 

24 the United States, including a foreign branch of 

25 such an entity; or 
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1 (C) any person in the United States. 

2 Subtitle A—Sanctions Matters 

3 PART I—SANCTIONS IN RESPONSE TO NATIONAL 

4 EMERGENCY RELATING TO FENTANYL TRAF5 FICKING 

6 SEC. 6811. FINDING; POLICY. 

7 (a) FINDING.—Congress finds that international 

8 trafficking of fentanyl, fentanyl precursors, or other re9 lated opioids constitutes an unusual and extraordinary 

10 threat to the national security, foreign policy, and econ11 omy of the United States, and is a national emergency. 

12 (b) POLICY.—It shall be the policy of the United 

13 States to apply economic and other financial sanctions to 

14 those who engage in the international trafficking of 

15 fentanyl, fentanyl precursors, or other related opioids to 

16 protect the national security, foreign policy, and economy 

17 of the United States. 

18 SEC. 6812. USE OF NATIONAL EMERGENCY AUTHORITIES; 

19 REPORTING. 

20 (a) IN GENERAL.—The President may exercise all 

21 authorities provided under sections 203 and 205 of the 

22 International Emergency Economic Powers Act (50 

23 U.S.C. 1702 and 1704) to carry out this part. 

24 (b) REPORT REQUIRED.— 
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, and an3 nually thereafter, the President shall submit to the 

4 appropriate congressional committees a report on ac5 tions taken by the executive branch pursuant to this 

6 part and any national emergency declared with re7 spect to the trafficking of fentanyl and trade in 

8 other illicit drugs, including— 

9 (A) the issuance of any new or revised reg10 ulations, policies, or guidance; 

11 (B) the imposition of sanctions; 

12 (C) the collection of relevant information 

13 from outside parties; 

14 (D) the issuance or closure of general li15 censes, specific licenses, and statements of li16 censing policy by the Office of Foreign Assets 

17 Control; 

18 (E) a description of any pending enforce19 ment cases; or 

20 (F) the implementation of mitigation pro21 cedures. 

22 (2) FORM OF REPORT.—Each report required 

23 by paragraph (1) shall be submitted in unclassified 

24 form, but may include the matters required by sub-
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1 paragraphs (C), (D), (E), and (F) of that paragraph 

2 in a classified annex. 

3 SEC. 6813. CODIFICATION OF EXECUTIVE ORDER IMPOSING 

4 SANCTIONS WITH RESPECT TO FOREIGN PER5 SONS INVOLVED IN GLOBAL ILLICIT DRUG 

6 TRADE. 

7 United States sanctions provided for in Executive 

8 Order 14059 (50 U.S.C. 1701 note; relating to imposing 

9 sanctions on foreign persons involved in the global illicit 

10 drug trade), and any amendments to or directives issued 

11 pursuant to such Executive order before the date of the 

12 enactment of this Act, shall remain in effect. 

13 SEC. 6814. IMPOSITION OF SANCTIONS WITH RESPECT TO 

14 FENTANYL TRAFFICKING BY 

15 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 

16 (a) IN GENERAL.—The President shall impose the 

17 sanctions described in subsection (b) with respect to any 

18 foreign person the President determines— 

19 (1) is knowingly involved in the significant traf20 ficking of fentanyl, fentanyl precursors, or other re21 lated opioids, including such trafficking by a 

22 transnational criminal organization; or 

23 (2) otherwise is knowingly involved in signifi24 cant activities of a transnational criminal organiza-
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1 tion relating to the trafficking of fentanyl, fentanyl 

2 precursors, or other related opioids. 

3 (b) SANCTIONS DESCRIBED.—The President may, 

4 pursuant to the International Emergency Economic Pow5 ers Act (50 U.S.C. 1701 et seq.), block and prohibit all 

6 transactions in property and interests in property of a for7 eign person described in subsection (a) if such property 

8 and interests in property are in the United States, come 

9 within the United States, or are or come within the posses10 sion or control of a United States person. 

11 (c) REPORT REQUIRED.—Not later than 180 days 

12 after the date of the enactment of this Act, and annually 

13 thereafter, the President shall submit to the appropriate 

14 congressional committees a report on actions taken by the 

15 executive branch with respect to the foreign persons iden16 tified under subsection (a). 

17 SEC. 6815. PENALTIES; WAIVERS; EXCEPTIONS. 

18 (a) PENALTIES.—A person that violates, attempts to 

19 violate, conspires to violate, or causes a violation of this 

20 part or any regulation, license, or order issued to carry 

21 out this part shall be subject to the penalties set forth 

22 in subsections (b) and (c) of section 206 of the Inter23 national Emergency Economic Powers Act (50 U.S.C. 

24 1705) to the same extent as a person that commits an 

25 unlawful act described in subsection (a) of that section. 
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1 (b) NATIONAL SECURITY WAIVER.—The President 

2 may waive the application of sanctions under this part 

3 with respect to a foreign person if the President deter4 mines that the waiver is in the national security interest 

5 of the United States. 

6 (c) EXCEPTIONS.— 

7 (1) EXCEPTION FOR INTELLIGENCE ACTIVI8 TIES.—This part shall not apply with respect to ac9 tivities subject to the reporting requirements under 

10 title V of the National Security Act of 1947 (50 

11 U.S.C. 3091 et seq.) or any authorized intelligence 

12 activities of the United States. 

13 (2) EXCEPTION FOR COMPLIANCE WITH INTER14 NATIONAL OBLIGATIONS AND LAW ENFORCEMENT

15 ACTIVITIES.—Sanctions under this part shall not 

16 apply with respect to an alien if admitting or parol17 ing the alien into the United States is necessary— 

18 (A) to permit the United States to comply 

19 with the Agreement regarding the Head20 quarters of the United Nations, signed at Lake 

21 Success on June 26, 1947, and entered into 

22 force November 21, 1947, between the United 

23 Nations and the United States, or other appli24 cable international obligations of the United 

25 States; or 
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1 (B) to carry out or assist law enforcement 

2 activity of the United States. 

3 (3) HUMANITARIAN EXEMPTION.—The Presi4 dent may not impose sanctions under this part with 

5 respect to any person for conducting or facilitating 

6 a transaction for the sale of agricultural commod7 ities, food, medicine, or medical devices or for the 

8 provision of humanitarian assistance. 

9 SEC. 6816. TREATMENT OF FORFEITED PROPERTY OF 

10 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 

11 (a) TRANSFER OF FORFEITED PROPERTY TO FOR12 FEITURE FUNDS.— 

13 (1) IN GENERAL.—Any covered forfeited prop14 erty shall be deposited into the Department of the 

15 Treasury Forfeiture Fund established under section 

16 9705 of title 31, United States Code, or the Depart17 ment of Justice Assets Forfeiture Fund established 

18 under section 524(c) of title 28, United States Code. 

19 (2) REPORT REQUIRED.—Not later than 180 

20 days after the date of the enactment of this Act, and 

21 every 180 days thereafter, the President shall sub22 mit to the appropriate congressional committees a 

23 report on any deposits made under paragraph (1) 

24 during the 180-day period preceding submission of 

25 the report. 
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1 (3) COVERED FORFEITED PROPERTY DE2 FINED.—In this subsection, the term ‘‘covered for3 feited property’’ means property— 

4 (A) forfeited to the United States under 

5 chapter 46 or section 1963 of title 18, United 

6 States Code; and 

7 (B) that belonged to or was possessed by 

8 an individual affiliated with or connected to a 

9 transnational criminal organization subject to 

10 sanctions under— 

11 (i) this part; 

12 (ii) the Fentanyl Sanctions Act (21 

13 U.S.C. 2301 et seq.); or 

14 (iii) Executive Order 14059 (50 

15 U.S.C. 1701 note; relating to imposing 

16 sanctions on foreign persons involved in 

17 the global illicit drug trade). 

18 (b) BLOCKED ASSETS UNDER TERRORISM RISK IN19 SURANCE ACT OF 2002.—Nothing in this part affects the 

20 treatment of blocked assets of a terrorist party described 

21 in subsection (a) of section 201 of the Terrorism Risk In22 surance Act of 2002 (28 U.S.C. 1610 note). 
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1 PART II—OTHER MATTERS 

2 SEC. 6821. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLA3 TIONS OF SANCTIONS. 

4 (a) INTERNATIONAL EMERGENCY ECONOMIC POW5 ERS ACT.—Section 206 of the International Emergency 

6 Economic Powers Act (50 U.S.C. 1705) is amended by 

7 adding at the end the following: 

8 ‘‘(d) STATUTE OF LIMITATIONS.— 

9 ‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— 

10 ‘‘(A) IN GENERAL.—An action, suit, or 

11 proceeding for the enforcement of any civil fine, 

12 penalty, or forfeiture, pecuniary or otherwise, 

13 under this section shall not be entertained un14 less commenced within ten years after the latest 

15 date of the violation upon which the civil fine, 

16 penalty, or forfeiture is based. 

17 ‘‘(B) COMMENCEMENT.—For purposes of 

18 this paragraph, the commencement of an ac19 tion, suit, or proceeding includes the issuance of 

20 a pre-penalty notice or finding of violation. 

21 ‘‘(2) TIME FOR INDICTMENT.—No person shall 

22 be prosecuted, tried, or punished for any offense 

23 under subsection (c) unless the indictment is found 

24 or the information is instituted within ten years 

25 after the latest date of the violation upon which the 

26 indictment or information is based.’’. 
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1 (b) TRADING WITH THE ENEMY ACT.—Section 16 

2 of the Trading with the Enemy Act (50 U.S.C. 4315) is 

3 amended by adding at the end the following: 

4 ‘‘(d) STATUTE OF LIMITATIONS.— 

5 ‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— 

6 ‘‘(A) IN GENERAL.—An action, suit, or 

7 proceeding for the enforcement of any civil fine, 

8 penalty, or forfeiture, pecuniary or otherwise, 

9 under this section shall not be entertained un10 less commenced within ten years after the latest 

11 date of the violation upon which the civil fine, 

12 penalty, or forfeiture is based. 

13 ‘‘(B) COMMENCEMENT.—For purposes of 

14 this paragraph, the commencement of an ac15 tion, suit, or proceeding includes the issuance of 

16 a pre-penalty notice or finding of violation. 

17 ‘‘(2) TIME FOR INDICTMENT.—No person shall 

18 be prosecuted, tried, or punished for any offense 

19 under subsection (a) unless the indictment is found 

20 or the information is instituted within ten years 

21 after the latest date of the violation upon which the 

22 indictment or information is based.’’. 
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1 SEC. 6822. CLASSIFIED REPORT AND BRIEFING ON STAFF2 ING OF OFFICE OF FOREIGN ASSETS CON3 TROL. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Director of the Office of Foreign 

6 Assets Control shall provide to the appropriate congres7 sional committees a classified report and briefing on the 

8 staffing of the Office of Foreign Assets Control, 

9 disaggregated by staffing dedicated to each sanctions pro10 gram and each country or issue. 

11 SEC. 6823. REPORT ON DRUG TRANSPORTATION ROUTES 

12 AND USE OF VESSELS WITH MISLABELED 

13 CARGO. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Secretary of the Treasury, in con16 junction with the heads of other relevant Federal agencies, 

17 shall provide to the appropriate congressional committees 

18 a classified report and briefing on efforts to target drug 

19 transportation routes and modalities, including an assess20 ment of the prevalence of false cargo labeling and ship21 ment of precursor chemicals without accurate tracking of 

22 the customers purchasing the chemicals. 
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1 SEC. 6824. REPORT ON ACTIONS OF PEOPLE’S REPUBLIC OF 

2 CHINA WITH RESPECT TO PERSONS IN3 VOLVED IN FENTANYL SUPPLY CHAIN. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Secretary of the Treasury, in con6 junction with the heads of other relevant Federal agencies, 

7 shall provide to the appropriate congressional committees 

8 a classified report and briefing on actions taken by the 

9 Government of the People’s Republic of China with respect 

10 to persons involved in the shipment of fentanyl, fentanyl 

11 analogues, fentanyl precursors, precursors for fentanyl 

12 analogues, and equipment for the manufacturing of 

13 fentanyl and fentanyl-laced counterfeit pills. 

14 Subtitle B—Anti-Money 

15 Laundering Matters 

16 SEC. 6831. DESIGNATION OF ILLICIT FENTANYL TRANS17 ACTIONS OF SANCTIONED PERSONS AS OF 

18 PRIMARY MONEY LAUNDERING CONCERN. 

19 Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 

20 2311 et seq.) is amended by inserting after section 7213 

21 the following: 

22 ‘‘SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANC23 TIONED PERSONS AS OF PRIMARY MONEY 

24 LAUNDERING CONCERN. 

25 ‘‘(a) IN GENERAL.—If the Secretary of the Treasury 

26 determines that reasonable grounds exist for concluding 
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1 that one or more financial institutions operating outside 

2 of the United States, 1 or more classes of transactions 

3 within, or involving, a jurisdiction outside of the United 

4 States, or 1 or more types of accounts within, or involving, 

5 a jurisdiction outside of the United States, is of primary 

6 money laundering concern in connection with illicit opioid 

7 trafficking, the Secretary of the Treasury may, by order, 

8 regulation, or otherwise as permitted by law— 

9 ‘‘(1) require domestic financial institutions and 

10 domestic financial agencies to take 1 or more of the 

11 special measures provided for in section 9714(a)(1) 

12 of the National Defense Authorization Act for Fiscal 

13 Year 2021 (Public Law 116–283; 31 U.S.C. 5318A 

14 note); or 

15 ‘‘(2) prohibit, or impose conditions upon, cer16 tain transmittals of funds (to be defined by the Sec17 retary) by any domestic financial institution or do18 mestic financial agency, if such transmittal of funds 

19 involves any such institution, class of transaction, or 

20 type of accounts. 

21 ‘‘(b) CLASSIFIED INFORMATION.—In any judicial re22 view of a finding of the existence of a primary money laun23 dering concern, or of the requirement for 1 or more special 

24 measures with respect to a primary money laundering con25 cern made under this section, if the designation or imposi-
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1 tion, or both, were based on classified information (as de2 fined in section 1(a) of the Classified Information Proce3 dures Act (18 U.S.C. App.)), such information may be 

4 submitted by the Secretary to the reviewing court ex parte 

5 and in camera. This subsection does not confer or imply 

6 any right to judicial review of any finding made or any 

7 requirement imposed under this section. 

8 ‘‘(c) AVAILABILITY OF INFORMATION.—The exemp9 tions from, and prohibitions on, search and disclosure re10 ferred to in section 9714(c) of the National Defense Au11 thorization Act for Fiscal Year 2021 (Public Law 116– 

12 283; 31 U.S.C. 5318A note) shall apply to any report or 

13 record of report filed pursuant to a requirement imposed 

14 under subsection (a). For purposes of section 552 of title 

15 5, United States Code, this subsection shall be considered 

16 a statute described in subsection (b)(3)(B) of that section. 

17 ‘‘(d) PENALTIES.—The penalties referred to in sec18 tion 9714(d) of the National Defense Authorization Act 

19 for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 

20 5318A note) shall apply to violations of any order, regula21 tion, special measure, or other requirement imposed under 

22 subsection (a), in the same manner and to the same extent 

23 as described in such section 9714(d). 

24 ‘‘(e) INJUNCTIONS.—The Secretary of the Treasury 

25 may bring a civil action to enjoin a violation of any order, 
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1 regulation, special measure, or other requirement imposed 

2 under subsection (a) in the same manner and to the same 

3 extent as described in section 9714(e) of the National De4 fense Authorization Act for Fiscal Year 2021 (Public Law 

5 116–283; 31 U.S.C. 5318A note).’’. 

6 SEC. 6832. TREATMENT OF TRANSNATIONAL CRIMINAL OR7 GANIZATIONS IN SUSPICIOUS TRANSACTIONS 

8 REPORTS OF THE FINANCIAL CRIMES EN9 FORCEMENT NETWORK. 

10 (a) FILING INSTRUCTIONS.—Not later than 180 days 

11 after the date of the enactment of this Act, the Director 

12 of the Financial Crimes Enforcement Network shall issue 

13 guidance or instructions to United States financial institu14 tions for filing reports on suspicious transactions required 

15 by section 1010.320 of title 31, Code of Federal Regula16 tions, related to suspected fentanyl trafficking by 

17 transnational criminal organizations. 

18 (b) PRIORITIZATION OF REPORTS RELATING TO

19 FENTANYL TRAFFICKING OR TRANSNATIONAL CRIMINAL

20 ORGANIZATIONS.—The Director shall prioritize research 

21 into reports described in subsection (a) that indicate a 

22 connection to trafficking of fentanyl or related synthetic 

23 opioids or financing of suspected transnational criminal 

24 organizations. 
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1 SEC. 6833. REPORT ON TRADE-BASED MONEY LAUNDERING 

2 IN TRADE WITH MEXICO, THE PEOPLE’S RE3 PUBLIC OF CHINA, AND BURMA. 

4 (a) IN GENERAL.—In the first update to the national 

5 strategy for combating the financing of terrorism and re6 lated forms of illicit finance submitted to Congress after 

7 the date of the enactment of this Act, the Secretary of 

8 the Treasury shall include a report on trade-based money 

9 laundering originating in Mexico or the People’s Republic 

10 of China and involving Burma. 

11 (b) DEFINITION.—In this section, the term ‘‘national 

12 strategy for combating the financing of terrorism and re13 lated forms of illicit finance’’ means the national strategy 

14 for combating the financing of terrorism and related forms 

15 of illicit finance required by section 261 of the Countering 

16 America’s Adversaries Through Sanctions Act (Public 

17 Law 115–44; 131 Stat. 934), as amended by section 6506 

18 of the National Defense Authorization Act for Fiscal Year 

19 2022 (Public Law 117–81; 135 Stat. 2428). 

20 Subtitle C—Exception Relating to 

21 Importation of Goods 

22 SEC. 6841. EXCEPTION RELATING TO IMPORTATION OF 

23 GOODS. 

24 (a) IN GENERAL.—The authority or a requirement 

25 to block and prohibit all transactions in all property and 

26 interests in property under this title shall not include the 
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1 authority or a requirement to impose sanctions on the im2 portation of goods. 

3 (b) GOOD DEFINED.—In this section, the term 

4 ‘‘good’’ means any article, natural or manmade substance, 

5 material, supply or manufactured product, including in6 spection and test equipment, and excluding technical data. 

7 TITLE LXXVIII—MILITARY CON8 STRUCTION AND GENERAL 

9 PROVISIONS 

10 Subtitle B—Military Housing 

11 PART III—OTHER HOUSING MATTERS 

12 SEC. 7851. REPORT ON PLAN TO REPLACE HOUSES AT FORT 

13 LEONARD WOOD. 

14 Not later than 90 days after the date of the enact15 ment of this Act, the Secretary of the Army shall submit 

16 to Congress an unclassified report on the plan of the Army 

17 to replace all 1,142 houses at Fort Leonard Wood that 

18 the Army has designated as being in need of repair. 

19 Subtitle D—Other Matters 

20 SEC. 7881. STUDY ON IMPACT ON MEMBERS OF THE ARMED 

21 FORCES AND DEPENDENTS OF CONSTRUC22 TION PROJECTS THAT AFFECT QUALITY OF 

23 LIFE. 

24 (a) IN GENERAL.—The Secretary of Defense shall 

25 conduct a study, through the use of an independent and 
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1 objective organization outside the Department of Defense, 

2 on the correlation between military construction projects 

3 and facilities sustainment, restoration, and modernization 

4 projects at installations of the Department of Defense that 

5 affect the quality of life of members of the Armed Forces 

6 and their dependents and the following: 

7 (1) Retention of members of the Armed Forces 

8 on active duty. 

9 (2) Physical health of members of the Armed 

10 Forces, including an identification of whether the 

11 age, condition, and deferred maintenance of a dor12 mitory or barracks is in any way related to the fre13 quency of sexual assaults and other crimes at instal14 lations of the Department. 

15 (3) Mental health of members of the Armed 

16 Forces. 

17 (b) REPORT.—Not later than one year after the date 

18 of the enactment of this Act, the Secretary shall submit 

19 to the Committee on Armed Services of the Senate and 

20 the Committee on Armed Services of the House of Rep21 resentatives a report on the study conducted under sub22 section (a). 
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1 SEC. 7882. MODIFICATION OF PILOT PROGRAM ON ESTAB2 LISHMENT OF ACCOUNT FOR REIMBURSE3 MENT FOR USE OF TESTING FACILITIES AT 

4 INSTALLATIONS OF THE DEPARTMENT OF 

5 THE AIR FORCE. 

6 (a) IN GENERAL.—Section 2862 of the Military Con7 struction Authorization Act for Fiscal Year 2022 (division 

8 B of Public Law 117–81; 10 U.S.C. 9771 note prec.) is 

9 amended— 

10 (1) in subsection (a), by striking ‘‘testing’’ and 

11 inserting ‘‘Major Range and Test Facility Base 

12 (MRTFB)’’; 

13 (2) in subsection (b), by inserting ‘‘, have Major 

14 Range and Test Facility Base facilities,’’ after ‘‘con15 struct’’; 

16 (3) by amending subsection (c) to read as fol17 lows: 

18 ‘‘(c) OVERSIGHT OF FUNDS.— 

19 ‘‘(1) USE OF AMOUNTS.—The commander of an 

20 installation selected to participate in the pilot pro21 gram may obligate or expend amounts reimbursed 

22 under the pilot program for projects at the installa23 tion. 

24 ‘‘(2) DESIGNATION OF MAINTENANCE COSTS.— 

25 ‘‘(A) IN GENERAL.—The commander of an 

26 installation selected to participate in the pilot 
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1 program may designate the appropriate amount 

2 of maintenance costs to be charged to users of 

3 Major Range and Test Facility Base facilities 

4 under the pilot program. 

5 ‘‘(B) USE OF MAINTENANCE COST REIM6 BURSEMENTS.—Maintenance cost reimburse7 ments under subparagraph (A) for an installa8 tion may be used either singly or in combina9 tion with appropriated funds to satisfy the costs 

10 of maintenance projects at the installation. 

11 ‘‘(3) OVERSIGHT.—The commander of an in12 stallation selected for the pilot program shall have 

13 direct oversight over amounts reimbursed to the in14 stallation under the pilot program for Facility, 

15 Sustainment, Restoration, and Modernization.’’; 

16 (4) by redesignating subsection (e) as sub17 section (f); 

18 (5) by inserting after subsection (d) the fol19 lowing new subsection (e): 

20 ‘‘(e) NO REDUCTION OF APPROPRIATION.—In order 

21 to allow full assessment of the viability of the pilot pro22 gram, appropriations to installations selected to partici23 pate in the pilot program for Facility, Sustainment, Res24 toration, and Modernization shall not be reduced on the 

25 basis of participation in the pilot program or usage of the 
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1 pilot program reimbursements and realized reimburse2 ments from customers under the pilot program shall not 

3 be used as a basis for reduction of such appropriations.’’; 

4 and 

5 (6) in subsection (f) as redesignated by para6 graph (2), by striking ‘‘December 1, 2026’’ and in7 serting ‘‘December 1, 2027’’. 

8 (b) CLERICAL AMENDMENTS.— 

9 (1) SECTION HEADER.—The header for such 

10 section is amended to read as follows: 

11 ‘‘SEC. 2862. PILOT PROGRAM TO AUGMENT APPROPRIATED 

12 AMOUNTS WITH MAINTENANCE REIMBURSE13 MENTS FROM MAJOR RANGE AND TEST FA14 CILITY BASE USERS AT INSTALLATIONS OF 

15 THE DEPARTMENT OF THE AIR FORCE.’’. 

16 (2) TABLE OF CONTENTS.—The table of con17 tents for the National Defense Authorization Act for 

18 Fiscal Year 2022 (Public Law 117–81) and the 

19 Military Construction Authorization Act for Fiscal 

20 Year 2022 (division B of Public Law 117–81) are 

21 each amended by striking the item relating to sec22 tion 2862 and inserting the following new item: 

‘‘Sec. 2862. Pilot program to augment appropriated amounts with maintenance 

reimbursements from Major Range and Test Facility Base 

users at installations of the Department of the Air Force.’’. 
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1 TITLE LXXXI—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 PROGRAMS 

4 Subtitle D—Other Matters 

5 SEC. 8141. ACCELERATING DEPLOYMENT OF VERSATILE, 

6 ADVANCED NUCLEAR FOR CLEAN ENERGY. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Accelerating Deployment of Versatile, Advanced Nuclear 

9 for Clean Energy Act of 2023’’ or the ‘‘ADVANCE Act 

10 of 2023’’. 

11 (b) DEFINITIONS.—In this section: 

12 (1) ACCIDENT TOLERANT FUEL.—The term 

13 ‘‘accident tolerant fuel’’ has the meaning given the 

14 term in section 107(a) of the Nuclear Energy Inno15 vation and Modernization Act (Public Law 115–439; 

16 132 Stat. 5577). 

17 (2) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency. 

20 (3) ADVANCED NUCLEAR FUEL.—The term 

21 ‘‘advanced nuclear fuel’’ means— 

22 (A) advanced nuclear reactor fuel; and 

23 (B) accident tolerant fuel. 

24 (4) ADVANCED NUCLEAR REACTOR.—The term 

25 ‘‘advanced nuclear reactor’’ has the meaning given 
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1 the term in section 3 of the Nuclear Energy Innova2 tion and Modernization Act (42 U.S.C. 2215 note; 

3 Public Law 115–439). 

4 (5) ADVANCED NUCLEAR REACTOR FUEL.—The 

5 term ‘‘advanced nuclear reactor fuel’’ has the mean6 ing given the term in section 3 of the Nuclear En7 ergy Innovation and Modernization Act (42 U.S.C. 

8 2215 note; Public Law 115–439). 

9 (6) APPROPRIATE COMMITTEES OF

10 CONGRESS.—The term ‘‘appropriate committees of 

11 Congress’’ means— 

12 (A) the Committee on Environment and 

13 Public Works of the Senate; and 

14 (B) the Committee on Energy and Com15 merce of the House of Representatives. 

16 (7) COMMISSION.—The term ‘‘Commission’’ 

17 means the Nuclear Regulatory Commission. 

18 (8) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’ has the 

20 meaning given the term in section 101(a) of the 

21 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

22 (9) NATIONAL LABORATORY.—The term ‘‘Na23 tional Laboratory’’ has the meaning given the term 

24 in section 2 of the Energy Policy Act of 2005 (42 

25 U.S.C. 15801). 
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1 (c) INTERNATIONAL NUCLEAR REACTOR EXPORT

2 AND INNOVATION ACTIVITIES.— 

3 (1) COORDINATION.— 

4 (A) IN GENERAL.—The Commission 

5 shall— 

6 (i) coordinate all work of the Commis7 sion relating to— 

8 (I) nuclear reactor import and 

9 export licensing; and 

10 (II) international regulatory co11 operation and assistance relating to 

12 nuclear reactors, including with coun13 tries that are members of— 

14 (aa) the Organisation for 

15 Economic Co-operation and De16 velopment; or 

17 (bb) the Nuclear Energy 

18 Agency; and 

19 (ii) support interagency and inter20 national coordination with respect to— 

21 (I) the consideration of inter22 national technical standards to estab23 lish the licensing and regulatory basis 

24 to assist the design, construction, and 

25 operation of nuclear systems; 
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1 (II) efforts to help build com2 petent nuclear regulatory organiza3 tions and legal frameworks in coun4 tries seeking to develop nuclear power; 

5 and 

6 (III) exchange programs and 

7 training provided, in coordination with 

8 the Secretary of State, to other coun9 tries relating to nuclear regulation 

10 and oversight to improve nuclear tech11 nology licensing, in accordance with 

12 subparagraph (B). 

13 (B) EXCHANGE PROGRAMS AND TRAIN14 ING.—With respect to the exchange programs 

15 and training described in subparagraph 

16 (A)(ii)(III), the Commission shall coordinate, as 

17 applicable, with— 

18 (i) the Secretary of Energy; 

19 (ii) the Secretary of State; 

20 (iii) National Laboratories; 

21 (iv) the private sector; and 

22 (v) institutions of higher education. 

23 (2) AUTHORITY TO ESTABLISH BRANCH.—The 

24 Commission may establish within the Office of Inter25 national Programs a branch, to be known as the 
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1 ‘‘International Nuclear Reactor Export and Innova2 tion Branch’’, to carry out such international nu3 clear reactor export and innovation activities as the 

4 Commission determines to be appropriate and within 

5 the mission of the Commission. 

6 (3) EXCLUSION OF INTERNATIONAL ACTIVITIES

7 FROM THE FEE BASE.— 

8 (A) IN GENERAL.—Section 102 of the Nu9 clear Energy Innovation and Modernization Act 

10 (42 U.S.C. 2215) is amended— 

11 (i) in subsection (a), by adding at the 

12 end the following: 

13 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX14 PORT AND INNOVATION ACTIVITIES.—The Commis15 sion shall identify in the annual budget justification 

16 international nuclear reactor export and innovation 

17 activities described in subsection (c)(1) of the AD18 VANCE Act of 2023.’’; and 

19 (ii) in subsection (b)(1)(B), by adding 

20 at the end the following: 

21 ‘‘(iv) Costs for international nuclear 

22 reactor export and innovation activities de23 scribed in subsection (c)(1) of the AD24 VANCE Act of 2023.’’. 
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1 (B) EFFECTIVE DATE.—The amendments 

2 made by subparagraph (A) shall take effect on 

3 October 1, 2024. 

4 (4) COORDINATION.—The Commission shall co5 ordinate all international activities under this sub6 section with the Secretary of State and other appli7 cable agencies, as appropriate. 

8 (5) SAVINGS CLAUSE.—Nothing in this sub9 section alters the authority of the Commission to li10 cense and regulate the civilian use of radioactive ma11 terials. 

12 (d) DENIAL OF CERTAIN DOMESTIC LICENSES FOR

13 NATIONAL SECURITY PURPOSES.— 

14 (1) DEFINITION OF COVERED FUEL.—In this 

15 subsection, the term ‘‘covered fuel’’ means enriched 

16 uranium that is fabricated into fuel assemblies for 

17 nuclear reactors by an entity that— 

18 (A) is owned or controlled by the Govern19 ment of the Russian Federation or the Govern20 ment of the People’s Republic of China; or 

21 (B) is organized under the laws of, or oth22 erwise subject to the jurisdiction of, the Rus23 sian Federation or the People’s Republic of 

24 China. 
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1 (2) PROHIBITION ON UNLICENSED POSSESSION

2 OR OWNERSHIP OF COVERED FUEL.—Unless specifi3 cally authorized by the Commission in a license 

4 issued under section 53 of the Atomic Energy Act 

5 of 1954 (42 U.S.C. 2073) and part 70 of title 10, 

6 Code of Federal Regulations (or successor regula7 tions), no person subject to the jurisdiction of the 

8 Commission may possess or own covered fuel. 

9 (3) LICENSE TO POSSESS OR OWN COVERED

10 FUEL.— 

11 (A) CONSULTATION REQUIRED PRIOR TO

12 ISSUANCE.—The Commission shall not issue a 

13 license to possess or own covered fuel under 

14 section 53 of the Atomic Energy Act of 1954 

15 (42 U.S.C. 2073) and part 70 of title 10, Code 

16 of Federal Regulations (or successor regula17 tions), unless the Commission has first con18 sulted with the Secretary of Energy and the 

19 Secretary of State before issuing the license. 

20 (B) PROHIBITION ON ISSUANCE OF LI21 CENSE.— 

22 (i) IN GENERAL.—Subject to clause 

23 (iii), a license to possess or own covered 

24 fuel shall not be issued if the Secretary of 

25 Energy and the Secretary of State make 
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1 the determination described in clause 

2 (ii)(I)(aa). 

3 (ii) DETERMINATION.— 

4 (I) IN GENERAL.—The deter5 mination referred to in clause (i) is a 

6 determination that possession or own7 ership, as applicable, of covered fuel— 

8 (aa) poses a threat to the 

9 national security of the United 

10 States, including because of an 

11 adverse impact on the physical 

12 and economic security of the 

13 United States; or 

14 (bb) does not pose a threat 

15 to the national security of the 

16 United States. 

17 (II) JOINT DETERMINATION.—A 

18 determination described in subclause 

19 (I) shall be jointly made by the Sec20 retary of Energy and the Secretary of 

21 State. 

22 (III) TIMELINE.— 

23 (aa) NOTICE OF APPLICA24 TION.—Not later than 30 days 

25 after the date on which the Com-
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1 mission receives an application 

2 for a license to possess or own 

3 covered fuel, the Commission 

4 shall notify the Secretary of En5 ergy and the Secretary of State 

6 of the application. 

7 (bb) DETERMINATION.—The 

8 Secretary of Energy and the Sec9 retary of State shall have a pe10 riod of 180 days, beginning on 

11 the date on which the Commis12 sion notifies the Secretary of En13 ergy and the Secretary of State 

14 under item (aa) of an application 

15 for a license to possess or own 

16 covered fuel, in which to make 

17 the determination described in 

18 subclause (I). 

19 (cc) COMMISSION NOTIFICA20 TION.—On making the deter21 mination described in subclause 

22 (I), the Secretary of Energy and 

23 the Secretary of State shall im24 mediately notify the Commission. 
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1 (dd) CONGRESSIONAL NOTI2 FICATION.—Not later than 30 

3 days after the date on which the 

4 Secretary of Energy and the Sec5 retary of State notify the Com6 mission under item (cc), the 

7 Commission shall notify the ap8 propriate committees of Con9 gress, the Committee on Foreign 

10 Relations of the Senate, the 

11 Committee on Energy and Nat12 ural Resources of the Senate, 

13 and the Committee on Foreign 

14 Affairs of the House of Rep15 resentatives of the determination. 

16 (ee) PUBLIC NOTICE.—Not 

17 later than 15 days after the date 

18 on which the Commission notifies 

19 Congress under item (dd) of a 

20 determination made under sub21 clause (I), the Commission shall 

22 make that determination publicly 

23 available. 

24 (iii) EFFECT OF NO DETERMINA25 TION.—The Commission shall not issue a 
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1 license if the Secretary of Energy and the 

2 Secretary of State have not made a deter3 mination described in clause (ii). 

4 (4) SAVINGS CLAUSE.—Nothing in this sub5 section alters any treaty or international agreement 

6 in effect on the date of enactment of this Act or that 

7 enters into force after the date of enactment of this 

8 Act. 

9 (e) EXPORT LICENSE REQUIREMENTS.— 

10 (1) DEFINITION OF LOW-ENRICHED URA11 NIUM.—In this subsection, the term ‘‘low-enriched 

12 uranium’’ means uranium enriched to less than 20 

13 percent of the uranium-235 isotope. 

14 (2) REQUIREMENT.—The Commission shall not 

15 issue an export license for the transfer of any item 

16 described in paragraph (4) to a country described in 

17 paragraph (3) unless the Commission, in consulta18 tion with the Secretary of State and any other rel19 evant agencies, makes a determination that such 

20 transfer will not be inimical to the common defense 

21 and security of the United States. 

22 (3) COUNTRIES DESCRIBED.—A country re23 ferred to in paragraph (2) is a country that— 

24 (A) has not concluded and ratified an Ad25 ditional Protocol to its safeguards agreement 
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1 with the International Atomic Energy Agency; 

2 or 

3 (B) has not ratified or acceded to the 

4 amendment to the Convention on the Physical 

5 Protection of Nuclear Material, adopted at Vi6 enna October 26, 1979, and opened for signa7 ture at New York March 3, 1980 (TIAS 

8 11080), described in the information circular of 

9 the International Atomic Energy Agency num10 bered INFCIRC/274/Rev.1/Mod.1 and dated 

11 May 9, 2016 (TIAS 16–508). 

12 (4) ITEMS DESCRIBED.—An item referred to in 

13 paragraph (2) includes— 

14 (A) unirradiated nuclear fuel containing 

15 special nuclear material (as defined in section 

16 11 of the Atomic Energy Act of 1954 (42 

17 U.S.C. 2014)), excluding low-enriched uranium; 

18 (B) a nuclear reactor that uses nuclear 

19 fuel described in subparagraph (A); and 

20 (C) any plant or component listed in Ap21 pendix I to part 110 of title 10, Code of Fed22 eral Regulations (or successor regulations), that 

23 is involved in— 

24 (i) the reprocessing of irradiated nu25 clear reactor fuel elements; 
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1 (ii) the separation of plutonium; or 

2 (iii) the separation of the uranium3 233 isotope. 

4 (5) NOTIFICATION.—If the Commission, in con5 sultation with the Secretary of State and any other 

6 relevant agencies, makes a determination, in accord7 ance with applicable laws and regulations, under 

8 paragraph (2) that the transfer of any item de9 scribed in paragraph (4) to a country described in 

10 paragraph (3) will not be inimical to the common 

11 defense and security of the United States, the Com12 mission shall notify the appropriate committees of 

13 Congress, the Committee on Foreign Relations of 

14 the Senate, the Committee on Energy and Natural 

15 Resources of the Senate, and the Committee on For16 eign Affairs of the House of Representatives. 

17 (f) FEES FOR ADVANCED NUCLEAR REACTOR APPLI18 CATION REVIEW.— 

19 (1) DEFINITIONS.—Section 3 of the Nuclear 

20 Energy Innovation and Modernization Act (42 

21 U.S.C. 2215 note; Public Law 115–439) is amend22 ed— 

23 (A) by redesignating paragraphs (2) 

24 through (15) as paragraphs (3), (6), (7), (8), 
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1 (9), (10), (12), (15), (16), (17), (18), (19), 

2 (20), and (21), respectively; 

3 (B) by inserting after paragraph (1) the 

4 following: 

5 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI6 CANT.—The term ‘advanced nuclear reactor appli7 cant’ means an entity that has submitted to the 

8 Commission an application to receive a license for an 

9 advanced nuclear reactor under the Atomic Energy 

10 Act of 1954 (42 U.S.C. 2011 et seq.).’’; 

11 (C) by inserting after paragraph (3) (as so 

12 redesignated) the following: 

13 ‘‘(4) ADVANCED NUCLEAR REACTOR PRE-APPLI14 CANT.—The term ‘advanced nuclear reactor pre-ap15 plicant’ means an entity that has submitted to the 

16 Commission a licensing project plan for the purposes 

17 of submitting a future application to receive a li18 cense for an advanced nuclear reactor under the 

19 Atomic Energy Act of 1954 (42 U.S.C. 2011 et 

20 seq.). 

21 ‘‘(5) AGENCY SUPPORT.—The term ‘agency 

22 support’ means the resources of the Commission 

23 that are located in executive, administrative, and 

24 other support offices of the Commission, as de25 scribed in the document of the Commission entitled 
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1 ‘FY 2023 Final Fee Rule Work Papers’ (or a suc2 cessor document).’’; 

3 (D) by inserting after paragraph (10) (as 

4 so redesignated) the following: 

5 ‘‘(11) HOURLY RATE FOR MISSION-DIRECT PRO6 GRAM SALARIES AND BENEFITS FOR THE NUCLEAR

7 REACTOR SAFETY PROGRAM.—The term ‘hourly rate 

8 for mission-direct program salaries and benefits for 

9 the Nuclear Reactor Safety Program’ means the 

10 quotient obtained by dividing— 

11 ‘‘(A) the full-time equivalent rate (within 

12 the meaning of the document of the Commis13 sion entitled ‘FY 2023 Final Fee Rule Work 

14 Papers’ (or a successor document)) for mission15 direct program salaries and benefits for the Nu16 clear Reactor Safety Program (as determined 

17 by the Commission) for a fiscal year; by 

18 ‘‘(B) the productive hours assumption for 

19 that fiscal year, determined in accordance with 

20 the formula established in the document re21 ferred to in subparagraph (A) (or a successor 

22 document).’’; and 

23 (E) by inserting after paragraph (12) (as 

24 so redesignated) the following: 
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1 ‘‘(13) MISSION-DIRECT PROGRAM SALARIES

2 AND BENEFITS FOR THE NUCLEAR REACTOR SAFETY

3 PROGRAM.—The term ‘mission-direct program sala4 ries and benefits for the Nuclear Reactor Safety 

5 Program’ means the resources of the Commission 

6 that are allocated to the Nuclear Reactor Safety 

7 Program (as determined by the Commission) to per8 form core work activities committed to fulfilling the 

9 mission of the Commission, as described in the docu10 ment of the Commission entitled ‘FY 2023 Final 

11 Fee Rule Work Papers’ (or a successor document). 

12 ‘‘(14) MISSION-INDIRECT PROGRAM SUPPORT.— 

13 The term ‘mission-indirect program support’ means 

14 the resources of the Commission that support the 

15 core mission-direct activities for the Nuclear Reactor 

16 Safety Program of the Commission (as determined 

17 by the Commission), as described in the document of 

18 the Commission entitled ‘FY 2023 Final Fee Rule 

19 Work Papers’ (or a successor document).’’. 

20 (2) EXCLUDED ACTIVITIES.—Section 

21 102(b)(1)(B) of the Nuclear Energy Innovation and 

22 Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as 

23 amended by subsection (c)(3)(A)(ii)) is amended by 

24 adding at the end the following: 
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1 ‘‘(v) The total costs of mission-indi2 rect program support and agency support 

3 that, under paragraph (2)(B), may not be 

4 included in the hourly rate charged for fees 

5 assessed to advanced nuclear reactor appli6 cants. 

7 ‘‘(vi) The total costs of mission-indi8 rect program support and agency support 

9 that, under paragraph (2)(C), may not be 

10 included in the hourly rate charged for fees 

11 assessed to advanced nuclear reactor pre12 applicants.’’. 

13 (3) FEES FOR SERVICE OR THING OF VALUE.— 

14 Section 102(b) of the Nuclear Energy Innovation 

15 and Modernization Act (42 U.S.C. 2215(b)) is 

16 amended by striking paragraph (2) and inserting the 

17 following: 

18 ‘‘(2) FEES FOR SERVICE OR THING OF

19 VALUE.— 

20 ‘‘(A) IN GENERAL.—In accordance with 

21 section 9701 of title 31, United States Code, 

22 the Commission shall assess and collect fees 

23 from any person who receives a service or thing 

24 of value from the Commission to cover the costs 
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1 to the Commission of providing the service or 

2 thing of value. 

3 ‘‘(B) ADVANCED NUCLEAR REACTOR AP4 PLICANTS.—The hourly rate charged for fees 

5 assessed to advanced nuclear reactor applicants 

6 under this paragraph relating to the review of 

7 a submitted application described in section 

8 3(1) shall not exceed the hourly rate for mis9 sion-direct program salaries and benefits for the 

10 Nuclear Reactor Safety Program. 

11 ‘‘(C) ADVANCED NUCLEAR REACTOR PRE12 APPLICANTS.—The hourly rate charged for fees 

13 assessed to advanced nuclear reactor pre-appli14 cants under this paragraph relating to the re15 view of submitted materials as described in the 

16 licensing project plan of an advanced nuclear 

17 reactor pre-applicant shall not exceed the hour18 ly rate for mission-direct program salaries and 

19 benefits for the Nuclear Reactor Safety Pro20 gram.’’. 

21 (4) SUNSET.—Section 102 of the Nuclear En22 ergy Innovation and Modernization Act (42 U.S.C. 

23 2215) is amended by adding at the end the fol24 lowing: 
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1 ‘‘(g) CESSATION OF EFFECTIVENESS.—Paragraphs 

2 (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be 

3 effective on September 30, 2029.’’. 

4 (5) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall take effect on October 1, 

6 2024. 

7 (g) ADVANCED NUCLEAR REACTOR PRIZES.—Sec8 tion 103 of the Nuclear Energy Innovation and Mod9 ernization Act (Public Law 115–439; 132 Stat. 5571) is 

10 amended by adding at the end the following: 

11 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI12 CENSING.— 

13 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In 

14 this subsection, the term ‘eligible entity’ means— 

15 ‘‘(A) a non-Federal entity; and 

16 ‘‘(B) the Tennessee Valley Authority. 

17 ‘‘(2) PRIZE FOR ADVANCED NUCLEAR REACTOR

18 LICENSING.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding sec20 tion 169 of the Atomic Energy Act of 1954 (42 

21 U.S.C. 2209) and subject to the availability of 

22 appropriations, the Secretary is authorized to 

23 make, with respect to each award category de24 scribed in subparagraph (C), an award in an 
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1 amount described in subparagraph (B) to the 

2 first eligible entity— 

3 ‘‘(i) to which the Commission issues 

4 an operating license for an advanced nu5 clear reactor under part 50 of title 10, 

6 Code of Federal Regulations (or successor 

7 regulations), for which an application has 

8 not been approved by the Commission as 

9 of the date of enactment of this subsection; 

10 or 

11 ‘‘(ii) for which the Commission makes 

12 a finding described in section 52.103(g) of 

13 title 10, Code of Federal Regulations (or 

14 successor regulations), with respect to a 

15 combined license for an advanced nuclear 

16 reactor— 

17 ‘‘(I) that is issued under subpart 

18 C of part 52 of that title (or successor 

19 regulations); and 

20 ‘‘(II) for which an application 

21 has not been approved by the Com22 mission as of the date of enactment of 

23 this subsection. 

24 ‘‘(B) AMOUNT OF AWARD.—An award 

25 under subparagraph (A) shall be in an amount 
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1 equal to the total amount assessed by the Com2 mission and collected under section 102(b)(2) 

3 from the eligible entity receiving the award for 

4 costs relating to the issuance of the license de5 scribed in that subparagraph, including, as ap6 plicable, costs relating to the issuance of an as7 sociated construction permit described in sec8 tion 50.23 of title 10, Code of Federal Regula9 tions (or successor regulations), or early site 

10 permit (as defined in section 52.1 of that title 

11 (or successor regulations)). 

12 ‘‘(C) AWARD CATEGORIES.—An award 

13 under subparagraph (A) may be made for— 

14 ‘‘(i) the first advanced nuclear reactor 

15 for which the Commission— 

16 ‘‘(I) issues a license in accord17 ance with clause (i) of subparagraph 

18 (A); or 

19 ‘‘(II) makes a finding in accord20 ance with clause (ii) of that subpara21 graph; 

22 ‘‘(ii) an advanced nuclear reactor 

23 that— 

24 ‘‘(I) uses isotopes derived from 

25 spent nuclear fuel (as defined in sec-
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1 tion 2 of the Nuclear Waste Policy 

2 Act of 1982 (42 U.S.C. 10101)) or 

3 depleted uranium as fuel for the ad4 vanced nuclear reactor; and 

5 ‘‘(II) is the first advanced nu6 clear reactor described in subclause 

7 (I) for which the Commission— 

8 ‘‘(aa) issues a license in ac9 cordance with clause (i) of sub10 paragraph (A); or 

11 ‘‘(bb) makes a finding in ac12 cordance with clause (ii) of that 

13 subparagraph; 

14 ‘‘(iii) an advanced nuclear reactor 

15 that— 

16 ‘‘(I) is a nuclear integrated en17 ergy system— 

18 ‘‘(aa) that is composed of 2 

19 or more co-located or jointly op20 erated subsystems of energy gen21 eration, energy storage, or other 

22 technologies; 

23 ‘‘(bb) in which not fewer 

24 than 1 subsystem described in 
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1 item (aa) is a nuclear energy sys2 tem; and 

3 ‘‘(cc) the purpose of which 

4 is— 

5 ‘‘(AA) to reduce green6 house gas emissions in both 

7 the power and nonpower sec8 tors; and 

9 ‘‘(BB) to maximize en10 ergy production and effi11 ciency; and 

12 ‘‘(II) is the first advanced nu13 clear reactor described in subclause 

14 (I) for which the Commission— 

15 ‘‘(aa) issues a license in ac16 cordance with clause (i) of sub17 paragraph (A); or 

18 ‘‘(bb) makes a finding in ac19 cordance with clause (ii) of that 

20 subparagraph; 

21 ‘‘(iv) an advanced reactor that— 

22 ‘‘(I) operates flexibly to generate 

23 electricity or high temperature process 

24 heat for nonelectric applications; and 
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1 ‘‘(II) is the first advanced nu2 clear reactor described in subclause 

3 (I) for which the Commission— 

4 ‘‘(aa) issues a license in ac5 cordance with clause (i) of sub6 paragraph (A); or 

7 ‘‘(bb) makes a finding in ac8 cordance with clause (ii) of that 

9 subparagraph; and 

10 ‘‘(v) the first advanced nuclear reactor 

11 for which the Commission grants approval 

12 to load nuclear fuel pursuant to the tech13 nology-inclusive regulatory framework es14 tablished under subsection (a)(4). 

15 ‘‘(3) FEDERAL FUNDING LIMITATIONS.— 

16 ‘‘(A) EXCLUSION OF TVA FUNDS.—In this 

17 paragraph, the term ‘Federal funds’ does not 

18 include funds received under the power program 

19 of the Tennessee Valley Authority. 

20 ‘‘(B) LIMITATION ON AMOUNTS EX21 PENDED.—An award under this subsection 

22 shall not exceed the total amount expended (ex23 cluding any expenditures made with Federal 

24 funds received for the applicable project and an 

25 amount equal to the minimum cost-share re-
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1 quired under section 988 of the Energy Policy 

2 Act of 2005 (42 U.S.C. 16352)) by the eligible 

3 entity receiving the award for licensing costs re4 lating to the project for which the award is 

5 made. 

6 ‘‘(C) REPAYMENT AND DIVIDENDS NOT

7 REQUIRED.—Notwithstanding section 

8 9104(a)(4) of title 31, United States Code, or 

9 any other provision of law, an eligible entity 

10 that receives an award under this subsection 

11 shall not be required— 

12 ‘‘(i) to repay that award or any part 

13 of that award; or 

14 ‘‘(ii) to pay a dividend, interest, or 

15 other similar payment based on the sum of 

16 that award.’’. 

17 (h) REPORT ON UNIQUE LICENSING CONSIDER18 ATIONS RELATING TO THE USE OF NUCLEAR ENERGY

19 FOR NONELECTRIC APPLICATIONS.— 

20 (1) IN GENERAL.—Not later than 270 days 

21 after the date of enactment of this Act, the Commis22 sion shall submit to the appropriate committees of 

23 Congress a report (referred to in this subsection as 

24 the ‘‘report’’) addressing any unique licensing issues 

25 or requirements relating to— 
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1 (A) the flexible operation of nuclear reac2 tors, such as ramping power output and switch3 ing between electricity generation and nonelec4 tric applications; 

5 (B) the use of advanced nuclear reactors 

6 exclusively for nonelectric applications; and 

7 (C) the colocation of nuclear reactors with 

8 industrial plants or other facilities. 

9 (2) STAKEHOLDER INPUT.—In developing the 

10 report, the Commission shall seek input from— 

11 (A) the Secretary of Energy; 

12 (B) the nuclear energy industry; 

13 (C) technology developers; 

14 (D) the industrial, chemical, and medical 

15 sectors; 

16 (E) nongovernmental organizations; and 

17 (F) other public stakeholders. 

18 (3) CONTENTS.— 

19 (A) IN GENERAL.—The report shall de20 scribe— 

21 (i) any unique licensing issues or re22 quirements relating to the matters de23 scribed in subparagraphs (A) through (C) 

24 of paragraph (1), including, with respect to 

25 the nonelectric applications referred to in 
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1 subparagraphs (A) and (B) of that para2 graph, any licensing issues or requirements 

3 relating to the use of nuclear energy in— 

4 (I) hydrogen or other liquid and 

5 gaseous fuel or chemical production; 

6 (II) water desalination and 

7 wastewater treatment; 

8 (III) heat for industrial proc9 esses; 

10 (IV) district heating; 

11 (V) energy storage; 

12 (VI) industrial or medical isotope 

13 production; and 

14 (VII) other applications, as iden15 tified by the Commission; 

16 (ii) options for addressing those issues 

17 or requirements— 

18 (I) within the existing regulatory 

19 framework of the Commission; 

20 (II) as part of the technology-in21 clusive regulatory framework required 

22 under subsection (a)(4) of section 103 

23 of the Nuclear Energy Innovation and 

24 Modernization Act (42 U.S.C. 2133 

25 note; Public Law 115–439) or de-
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1 scribed in the report required under 

2 subsection (e) of that section (Public 

3 Law 115–439; 132 Stat. 5575); or 

4 (III) through a new rulemaking; 

5 and 

6 (iii) the extent to which Commission 

7 action is needed to implement any matter 

8 described in the report. 

9 (B) COST ESTIMATES, BUDGETS, AND

10 TIMEFRAMES.—The report shall include cost es11 timates, proposed budgets, and proposed time12 frames for implementing risk-informed and per13 formance-based regulatory guidance in the li14 censing of nuclear reactors for nonelectric appli15 cations. 

16 (i) ENABLING PREPARATIONS FOR THE DEMONSTRA17 TION OF ADVANCED NUCLEAR REACTORS ON DEPART18 MENT OF ENERGY SITES OR CRITICAL NATIONAL SECU19 RITY INFRASTRUCTURE SITES.— 

20 (1) IN GENERAL.—Section 102(b)(1)(B) of the 

21 Nuclear Energy Innovation and Modernization Act 

22 (42 U.S.C. 2215(b)(1)(B)) (as amended by sub23 section (f)(2)) is amended by adding at the end the 

24 following: 

25 ‘‘(vii) Costs for— 
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1 ‘‘(I) activities to review and ap2 prove or disapprove an application for 

3 an early site permit (as defined in sec4 tion 52.1 of title 10, Code of Federal 

5 Regulations (or a successor regula6 tion)) to demonstrate an advanced nu7 clear reactor on a Department of En8 ergy site or critical national security 

9 infrastructure (as defined in section 

10 327(d) of the John S. McCain Na11 tional Defense Authorization Act for 

12 Fiscal Year 2019 (Public Law 115– 

13 232; 132 Stat. 1722)) site; and 

14 ‘‘(II) pre-application activities re15 lating to an early site permit (as de16 fined in section 52.1 of title 10, Code 

17 of Federal Regulations (or a successor 

18 regulation)) to demonstrate an ad19 vanced nuclear reactor on a Depart20 ment of Energy site or critical na21 tional security infrastructure (as de22 fined in section 327(d) of the John S. 

23 McCain National Defense Authoriza24 tion Act for Fiscal Year 2019 (Public 
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1 Law 115–232; 132 Stat. 1722)) 

2 site.’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall take effect on October 1, 

5 2024. 

6 (j) CLARIFICATION ON FUSION REGULATION.—Sec7 tion 103(a)(4) of the Nuclear Energy Innovation and 

8 Modernization Act (42 U.S.C. 2133 note; Public Law 

9 115–439) is amended— 

10 (1) by striking ‘‘Not later’’ and inserting the 

11 following: 

12 ‘‘(A) IN GENERAL.—Not later’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(B) EXCLUSION OF FUSION REACTORS.— 

15 For purposes of subparagraph (A), the term 

16 ‘advanced reactor applicant’ does not include an 

17 applicant seeking a license for a fusion reac18 tor.’’. 

19 (k) REGULATORY ISSUES FOR NUCLEAR FACILITIES

20 AT BROWNFIELD SITES.— 

21 (1) DEFINITIONS.— 

22 (A) BROWNFIELD SITE.—The term 

23 ‘‘brownfield site’’ has the meaning given the 

24 term in section 101 of the Comprehensive Envi-
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1 ronmental Response, Compensation, and Liabil2 ity Act of 1980 (42 U.S.C. 9601). 

3 (B) PRODUCTION FACILITY.—The term 

4 ‘‘production facility’’ has the meaning given the 

5 term in section 11 of the Atomic Energy Act of 

6 1954 (42 U.S.C. 2014). 

7 (C) RETIRED FOSSIL FUEL SITE.—The 

8 term ‘‘retired fossil fuel site’’ means the site of 

9 1 or more fossil fuel electric generation facilities 

10 that are retired or scheduled to retire, including 

11 multi-unit facilities that are partially shut 

12 down. 

13 (D) UTILIZATION FACILITY.—The term 

14 ‘‘utilization facility’’ has the meaning given the 

15 term in section 11 of the Atomic Energy Act of 

16 1954 (42 U.S.C. 2014). 

17 (2) IDENTIFICATION OF REGULATORY

18 ISSUES.— 

19 (A) IN GENERAL.—Not later than 1 year 

20 after the date of enactment of this Act, the 

21 Commission shall evaluate the extent to which 

22 modification of regulations, guidance, or policy 

23 is needed to enable timely licensing reviews for, 

24 and to support the oversight of, production fa-
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1 cilities or utilization facilities at brownfield 

2 sites. 

3 (B) REQUIREMENT.—In carrying out sub4 paragraph (A), the Commission shall consider 

5 how licensing reviews for production facilities or 

6 utilization facilities at brownfield sites may be 

7 expedited by considering matters relating to 

8 siting and operating a production facility or a 

9 utilization facility at or near a retired fossil fuel 

10 site to support— 

11 (i) the reuse of existing site infra12 structure, including— 

13 (I) electric switchyard compo14 nents and transmission infrastructure; 

15 (II) heat-sink components; 

16 (III) steam cycle components; 

17 (IV) roads; 

18 (V) railroad access; and 

19 (VI) water availability; 

20 (ii) the use of early site permits; 

21 (iii) the utilization of plant parameter 

22 envelopes or similar standardized site pa23 rameters on a portion of a larger site; and 

24 (iv) the use of a standardized applica25 tion for similar sites. 
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1 (C) REPORT.—Not later than 14 months 

2 after the date of enactment of this Act, the 

3 Commission shall submit to the appropriate 

4 committees of Congress a report describing any 

5 regulations, guidance, and policies identified 

6 under subparagraph (A). 

7 (3) LICENSING.— 

8 (A) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of this Act, the 

10 Commission shall— 

11 (i) develop and implement strategies 

12 to enable timely licensing reviews for, and 

13 to support the oversight of, production fa14 cilities or utilization facilities at brownfield 

15 sites, including retired fossil fuel sites; or 

16 (ii) initiate a rulemaking to enable 

17 timely licensing reviews for, and to support 

18 the oversight of, of production facilities or 

19 utilization facilities at brownfield sites, in20 cluding retired fossil fuel sites. 

21 (B) REQUIREMENTS.—In carrying out sub22 paragraph (A), consistent with the mission of 

23 the Commission, the Commission shall consider 

24 matters relating to— 
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1 (i) the use of existing site infrastruc2 ture; 

3 (ii) existing emergency preparedness 

4 organizations and planning; 

5 (iii) the availability of historical site6 specific environmental data; 

7 (iv) previously approved environ8 mental reviews required by the National 

9 Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.); 

11 (v) activities associated with the po12 tential decommissioning of facilities or de13 contamination and remediation at 

14 brownfield sites; and 

15 (vi) community engagement and his16 torical experience with energy production. 

17 (4) REPORT.—Not later than 3 years after the 

18 date of enactment of this Act, the Commission shall 

19 submit to the appropriate committees of Congress a 

20 report describing the actions taken by the Commis21 sion under paragraph (3). 

22 (l) APPALACHIAN REGIONAL COMMISSION NUCLEAR

23 ENERGY DEVELOPMENT.— 
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1 (1) IN GENERAL.—Subchapter I of chapter 145 

2 of subtitle IV of title 40, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘§ 14512. Appalachian Regional Commission nuclear 

5 energy development 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) BROWNFIELD SITE.—The term ‘brownfield 

8 site’ has the meaning given the term in section 101 

9 of the Comprehensive Environmental Response, 

10 Compensation, and Liability Act of 1980 (42 U.S.C. 

11 9601). 

12 ‘‘(2) PRODUCTION FACILITY.—The term ‘pro13 duction facility’ has the meaning given the term in 

14 section 11 of the Atomic Energy Act of 1954 (42 

15 U.S.C. 2014). 

16 ‘‘(3) RETIRED FOSSIL FUEL SITE.—The term 

17 ‘retired fossil fuel site’ means the site of 1 or more 

18 fossil fuel electric generation facilities that are re19 tired or scheduled to retire, including multi-unit fa20 cilities that are partially shut down. 

21 ‘‘(4) UTILIZATION FACILITY.—The term ‘utili22 zation facility’ has the meaning given the term in 

23 section 11 of the Atomic Energy Act of 1954 (42 

24 U.S.C. 2014). 
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1 ‘‘(b) AUTHORITY.—The Appalachian Regional Com2 mission may provide technical assistance to, make grants 

3 to, enter into contracts with, or otherwise provide amounts 

4 to individuals or entities in the Appalachian region for 

5 projects and activities— 

6 ‘‘(1) to conduct research and analysis regarding 

7 the economic impact of siting, constructing, and op8 erating a production facility or a utilization facility 

9 at a brownfield site, including a retired fossil fuel 

10 site; 

11 ‘‘(2) to assist with workforce training or re12 training to perform activities relating to the siting 

13 and operation of a production facility or a utilization 

14 facility at a brownfield site, including a retired fossil 

15 fuel site; and 

16 ‘‘(3) to engage with the Nuclear Regulatory 

17 Commission, the Department of Energy, and other 

18 Federal agencies with expertise in civil nuclear en19 ergy. 

20 ‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

21 cost of any project or activity eligible for a grant under 

22 this section— 

23 ‘‘(1) except as provided in paragraphs (2) and 

24 (3), not more than 50 percent may be provided from 

25 amounts made available to carry out this section; 
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1 ‘‘(2) in the case of a project or activity to be 

2 carried out in a county for which a distressed county 

3 designation is in effect under section 14526, not 

4 more than 80 percent may be provided from 

5 amounts made available to carry out this section; 

6 and 

7 ‘‘(3) in the case of a project or activity to be 

8 carried out in a county for which an at-risk county 

9 designation is in effect under section 14526, not 

10 more than 70 percent may be provided from 

11 amounts made available to carry out this section. 

12 ‘‘(d) SOURCES OF ASSISTANCE.—Subject to sub13 section (c), a grant provided under this section may be 

14 provided from amounts made available to carry out this 

15 section, in combination with amounts made available— 

16 ‘‘(1) under any other Federal program; or 

17 ‘‘(2) from any other source. 

18 ‘‘(e) FEDERAL SHARE.—Notwithstanding any provi19 sion of law limiting the Federal share under any other 

20 Federal program, amounts made available to carry out 

21 this section may be used to increase that Federal share, 

22 as the Appalachian Regional Commission determines to be 

23 appropriate.’’. 
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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 Section 14703 of title 40, United States Code, is 

3 amended— 

4 (A) by redesignating subsections (e) and 

5 (f) as subsections (f) and (g), respectively; and 

6 (B) by inserting after subsection (d) the 

7 following: 

8 ‘‘(e) APPALACHIAN REGIONAL COMMISSION NU9 CLEAR ENERGY DEVELOPMENT.—Of the amounts made 

10 available under subsection (a), $5,000,000 may be used 

11 to carry out section 14512 for each of fiscal years 2023 

12 through 2026.’’. 

13 (3) CLERICAL AMENDMENT.—The analysis for 

14 subchapter I of chapter 145 of subtitle IV of title 

15 40, United States Code, is amended by striking the 

16 item relating to section 14511 and inserting the fol17 lowing: 

‘‘14511. Appalachian regional energy hub initiative. 

‘‘14512. Appalachian Regional Commission nuclear energy development.’’. 

18 (m) FOREIGN OWNERSHIP.— 

19 (1) IN GENERAL.—The prohibitions against 

20 issuing certain licenses for utilization facilities to 

21 certain corporations and other entities described in 

22 the second sentence of section 103 d. of the Atomic 

23 Energy Act of 1954 (42 U.S.C. 2133(d)) and the 

24 second sentence of section 104 d. of that Act (42 
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1 U.S.C. 2134(d)) shall not apply to an entity de2 scribed in paragraph (2) if the Commission deter3 mines that issuance of the applicable license to that 

4 entity is not inimical to— 

5 (A) the common defense and security; or 

6 (B) the health and safety of the public. 

7 (2) ENTITIES DESCRIBED.— 

8 (A) IN GENERAL.—An entity referred to in 

9 paragraph (1) is a corporation or other entity 

10 that is owned, controlled, or dominated by— 

11 (i) the government of— 

12 (I) a country that is a member of 

13 the Organisation for Economic Co-op14 eration and Development on the date 

15 of enactment of this Act, subject to 

16 subparagraph (B); or 

17 (II) the Republic of India; 

18 (ii) a corporation that is incorporated 

19 in a country described in subclause (I) or 

20 (II) of clause (i); or 

21 (iii) an alien who is a national of a 

22 country described in subclause (I) or (II) 

23 of clause (i). 

24 (B) EXCLUSION.—An entity described in 

25 subparagraph (A)(i)(I) is not an entity referred 
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1 to in paragraph (1), and paragraph (1) shall 

2 not apply to that entity, if, on the date of en3 actment of this Act— 

4 (i) the entity (or any department, 

5 agency, or instrumentality of the entity) is 

6 a person subject to sanctions under section 

7 231 of the Countering America’s Adver8 saries Through Sanctions Act (22 U.S.C. 

9 9525); or 

10 (ii) any citizen of the entity, or any 

11 entity organized under the laws of, or oth12 erwise subject to the jurisdiction of, the 

13 entity, is a person subject to sanctions 

14 under that section. 

15 (3) TECHNICAL AMENDMENT.—Section 103 d. 

16 of the Atomic Energy Act of 1954 (42 U.S.C. 

17 2133(d)) is amended, in the second sentence, by 

18 striking ‘‘any any’’ and inserting ‘‘any’’. 

19 (4) SAVINGS CLAUSE.—Nothing in this sub20 section affects the requirements of section 721 of 

21 the Defense Production Act of 1950 (50 U.S.C. 

22 4565). 

23 (n) EXTENSION OF THE PRICE-ANDERSON ACT.— 

24 (1) EXTENSION.—Section 170 of the Atomic 

25 Energy Act of 1954 (42 U.S.C. 2210) (commonly 
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1 known as the ‘‘Price-Anderson Act’’) is amended by 

2 striking ‘‘December 31, 2025’’ each place it appears 

3 and inserting ‘‘December 31, 2045’’. 

4 (2) LIABILITY.—Section 170 of the Atomic En5 ergy Act of 1954 (42 U.S.C. 2210) (commonly 

6 known as the ‘‘Price-Anderson Act’’) is amended— 

7 (A) in subsection d. (5), by striking 

8 ‘‘$500,000,000’’ and inserting 

9 ‘‘$2,000,000,000’’; and 

10 (B) in subsection e. (4), by striking 

11 ‘‘$500,000,000’’ and inserting 

12 ‘‘$2,000,000,000’’. 

13 (3) REPORT.—Section 170 p. of the Atomic 

14 Energy Act of 1954 (42 U.S.C. 2210(p)) (commonly 

15 known as the ‘‘Price-Anderson Act’’) is amended by 

16 striking ‘‘December 31, 2021’’ and inserting ‘‘De17 cember 31, 2041’’. 

18 (4) DEFINITION OF NUCLEAR INCIDENT.—Sec19 tion 11 q. of the Atomic Energy Act of 1954 (42 

20 U.S.C. 2014(q)) is amended, in the second proviso, 

21 by striking ‘‘if such occurrence’’ and all that follows 

22 through ‘‘United States:’’ and inserting a colon. 

23 (o) REPORT ON ADVANCED METHODS OF MANUFAC24 TURING AND CONSTRUCTION FOR NUCLEAR ENERGY AP25 PLICATIONS.— 
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Commis3 sion shall submit to the appropriate committees of 

4 Congress a report (referred to in this subsection as 

5 the ‘‘report’’) on manufacturing and construction for 

6 nuclear energy applications. 

7 (2) STAKEHOLDER INPUT.—In developing the 

8 report, the Commission shall seek input from— 

9 (A) the Secretary of Energy; 

10 (B) the nuclear energy industry; 

11 (C) National Laboratories; 

12 (D) institutions of higher education; 

13 (E) nuclear and manufacturing technology 

14 developers; 

15 (F) the manufacturing and construction 

16 industries, including manufacturing and con17 struction companies with operating facilities in 

18 the United States; 

19 (G) standards development organizations; 

20 (H) labor unions; 

21 (I) nongovernmental organizations; and 

22 (J) other public stakeholders. 

23 (3) CONTENTS.— 

24 (A) IN GENERAL.—The report shall— 
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1 (i) examine any unique licensing 

2 issues or requirements relating to the use 

3 of innovative— 

4 (I) advanced manufacturing proc5 esses; 

6 (II) advanced construction tech7 niques; and 

8 (III) rapid improvement or 

9 iterative innovation processes; 

10 (ii) examine— 

11 (I) the requirements for nuclear12 grade components in manufacturing 

13 and construction for nuclear energy 

14 applications; 

15 (II) opportunities to use standard 

16 materials, parts, or components in 

17 manufacturing and construction for 

18 nuclear energy applications; 

19 (III) opportunities to use stand20 ard materials that are in compliance 

21 with existing codes to provide accept22 able approaches to support or encap23 sulate new materials that do not yet 

24 have applicable codes; and 
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1 (IV) requirements relating to the 

2 transport of a fueled advanced nuclear 

3 reactor core from a manufacturing li4 censee to a licensee that holds a li5 cense to construct and operate a facil6 ity at a particular site; 

7 (iii) identify any safety aspects of in8 novative advanced manufacturing processes 

9 and advanced construction techniques that 

10 are not addressed by existing codes and 

11 standards, so that generic guidance may be 

12 updated or created, as necessary; 

13 (iv) identify options for addressing the 

14 issues, requirements, and opportunities ex15 amined under clauses (i) and (ii)— 

16 (I) within the existing regulatory 

17 framework; or 

18 (II) through a new rulemaking; 

19 (v) identify how addressing the issues, 

20 requirements, and opportunities examined 

21 under clauses (i) and (ii) will impact op22 portunities for domestic nuclear manufac23 turing and construction developers; and 
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1 (vi) describe the extent to which Com2 mission action is needed to implement any 

3 matter described in the report. 

4 (B) COST ESTIMATES, BUDGETS, AND

5 TIMEFRAMES.—The report shall include cost es6 timates, proposed budgets, and proposed time7 frames for implementing risk-informed and per8 formance-based regulatory guidance for manu9 facturing and construction for nuclear energy 

10 applications. 

11 (p) NUCLEAR ENERGY TRAINEESHIP.—Section 313 

12 of division C of the Omnibus Appropriations Act, 2009 

13 (42 U.S.C. 16274a), is amended— 

14 (1) in subsection (a), by striking ‘‘Nuclear Reg15 ulatory’’; 

16 (2) in subsection (b)(1), in the matter pre17 ceding subparagraph (A), by inserting ‘‘and sub18 section (c)’’ after ‘‘paragraph (2)’’; 

19 (3) in subsection (c)— 

20 (A) by redesignating paragraph (2) as 

21 paragraph (5); and 

22 (B) by striking paragraph (1) and insert23 ing the following: 

24 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

25 term ‘advanced nuclear reactor’ has the meaning 
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1 given the term in section 951(b) of the Energy Pol2 icy Act of 2005 (42 U.S.C. 16271(b)). 

3 ‘‘(2) COMMISSION.—The term ‘Commission’ 

4 means the Nuclear Regulatory Commission. 

5 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

6 The term ‘institution of higher education’ has the 

7 meaning given the term in section 2 of the Energy 

8 Policy Act of 2005 (42 U.S.C. 15801). 

9 ‘‘(4) NATIONAL LABORATORY.—The term ‘Na10 tional Laboratory’ has the meaning given the term 

11 in section 951(b) of the Energy Policy Act of 2005 

12 (42 U.S.C. 16271(b)).’’; 

13 (4) in subsection (d)(2), by striking ‘‘Nuclear 

14 Regulatory’’; 

15 (5) by redesignating subsections (c) and (d) as 

16 subsections (d) and (e), respectively; and 

17 (6) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) NUCLEAR ENERGY TRAINEESHIP SUBPRO20 GRAM.— 

21 ‘‘(1) IN GENERAL.—The Commission shall es22 tablish, as a subprogram of the Program, a nuclear 

23 energy traineeship subprogram under which the 

24 Commission, in coordination with institutions of 

25 higher education and trade schools, shall competi-
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1 tively award traineeships that provide focused train2 ing to meet critical mission needs of the Commission 

3 and nuclear workforce needs, including needs relat4 ing to the nuclear tradecraft workforce. 

5 ‘‘(2) REQUIREMENTS.—In carrying out the nu6 clear energy traineeship subprogram described in 

7 paragraph (1), the Commission shall— 

8 ‘‘(A) coordinate with the Secretary of En9 ergy to prioritize the funding of traineeships 

10 that focus on— 

11 ‘‘(i) nuclear workforce needs; and 

12 ‘‘(ii) critical mission needs of the 

13 Commission; 

14 ‘‘(B) encourage appropriate partnerships 

15 among— 

16 ‘‘(i) National Laboratories; 

17 ‘‘(ii) institutions of higher education; 

18 ‘‘(iii) trade schools; 

19 ‘‘(iv) the nuclear energy industry; and 

20 ‘‘(v) other entities, as the Commission 

21 determines to be appropriate; and 

22 ‘‘(C) on an annual basis, evaluate nuclear 

23 workforce needs for the purpose of imple24 menting traineeships in focused topical areas 

25 that— 
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1 ‘‘(i) address the workforce needs of 

2 the nuclear energy community; and 

3 ‘‘(ii) support critical mission needs of 

4 the Commission.’’. 

5 (q) REPORT ON COMMISSION READINESS AND CA6 PACITY TO LICENSE ADDITIONAL CONVERSION AND EN7 RICHMENT CAPACITY TO REDUCE RELIANCE ON URA8 NIUM FROM RUSSIA.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of enactment of this Act, the Commis11 sion shall submit to the appropriate committees of 

12 Congress, the Committee on Foreign Relations of 

13 the Senate, the Committee on Energy and Natural 

14 Resources of the Senate, and the Committee on For15 eign Affairs of the House of Representatives a re16 port on the readiness and capacity of the Commis17 sion to license additional conversion and enrichment 

18 capacity at existing and new fuel cycle facilities to 

19 reduce reliance on nuclear fuel that is recovered, 

20 converted, enriched, or fabricated by an entity 

21 that— 

22 (A) is owned or controlled by the Govern23 ment of the Russian Federation; or 
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1 (B) is organized under the laws of, or oth2 erwise subject to the jurisdiction of, the Rus3 sian Federation. 

4 (2) CONTENTS.—The report required under 

5 paragraph (1) shall analyze how the capacity of the 

6 Commission to license additional conversion and en7 richment capacity at existing and new fuel cycle fa8 cilities may conflict with or restrict the readiness of 

9 the Commission to review advanced nuclear reactor 

10 applications. 

11 (r) ANNUAL REPORT ON THE SPENT NUCLEAR FUEL

12 AND HIGH-LEVEL RADIOACTIVE WASTE INVENTORY IN

13 THE UNITED STATES.— 

14 (1) DEFINITIONS.—In this subsection: 

15 (A) HIGH-LEVEL RADIOACTIVE WASTE.— 

16 The term ‘‘high-level radioactive waste’’ has the 

17 meaning given the term in section 2 of the Nu18 clear Waste Policy Act of 1982 (42 U.S.C. 

19 10101). 

20 (B) SPENT NUCLEAR FUEL.—The term 

21 ‘‘spent nuclear fuel’’ has the meaning given the 

22 term in section 2 of the Nuclear Waste Policy 

23 Act of 1982 (42 U.S.C. 10101). 

24 (C) STANDARD CONTRACT.—The term 

25 ‘‘standard contract’’ has the meaning given the 
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1 term ‘‘contract’’ in section 961.3 of title 10, 

2 Code of Federal Regulations (or a successor 

3 regulation). 

4 (2) REPORT.—Not later than January 1, 2025, 

5 and annually thereafter, the Secretary of Energy 

6 shall submit to Congress a report that describes— 

7 (A) the annual and cumulative amount of 

8 payments made by the United States to the 

9 holder of a standard contract due to a partial 

10 breach of contract under the Nuclear Waste 

11 Policy Act of 1982 (42 U.S.C. 10101 et seq.) 

12 resulting in financial damages to the holder; 

13 (B) the cumulative amount spent by the 

14 Department of Energy since fiscal year 2008 to 

15 reduce future payments projected to be made by 

16 the United States to any holder of a standard 

17 contract due to a partial breach of contract 

18 under the Nuclear Waste Policy Act of 1982 

19 (42 U.S.C. 10101 et seq.); 

20 (C) the cumulative amount spent by the 

21 Department of Energy to store, manage, and 

22 dispose of spent nuclear fuel and high-level ra23 dioactive waste in the United States as of the 

24 date of the report; 
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1 (D) the projected lifecycle costs to store, 

2 manage, transport, and dispose of the projected 

3 inventory of spent nuclear fuel and high-level 

4 radioactive waste in the United States, includ5 ing spent nuclear fuel and high-level radioactive 

6 waste expected to be generated from existing 

7 reactors through 2050; 

8 (E) any mechanisms for better accounting 

9 of liabilities for the lifecycle costs of the spent 

10 nuclear fuel and high-level radioactive waste in11 ventory in the United States; 

12 (F) any recommendations for improving 

13 the methods used by the Department of Energy 

14 for the accounting of spent nuclear fuel and 

15 high-level radioactive waste costs and liabilities; 

16 (G) any actions taken in the previous fiscal 

17 year by the Department of Energy with respect 

18 to interim storage; and 

19 (H) any activities taken in the previous fis20 cal year by the Department of Energy to de21 velop and deploy nuclear technologies and fuels 

22 that enhance the safe transportation or storage 

23 of spent nuclear fuel or high-level radioactive 

24 waste, including technologies to protect against 
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1 seismic, flooding, and other extreme weather 

2 events. 

3 (s) AUTHORIZATION OF APPROPRIATIONS FOR

4 SUPERFUND ACTIONS AT ABANDONED MINING SITES ON

5 TRIBAL LAND.— 

6 (1) DEFINITIONS.—In this subsection: 

7 (A) ELIGIBLE NON-NPL SITE.—The term 

8 ‘‘eligible non-NPL site’’ means a site— 

9 (i) that is not on the National Prior10 ities List; but 

11 (ii) with respect to which the Adminis12 trator determines that— 

13 (I) the site would be eligible for 

14 listing on the National Priorities List 

15 based on the presence of hazards from 

16 contamination at the site, applying 

17 the hazard ranking system described 

18 in section 105(c) of the Comprehen19 sive Environmental Response, Com20 pensation, and Liability Act of 1980 

21 (42 U.S.C. 9605(c)); and 

22 (II) for removal site evaluations, 

23 engineering evaluations/cost analyses, 

24 remedial planning activities, remedial 

25 investigations and feasibility studies, 
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1 and other actions taken pursuant to 

2 section 104(b) of that Act (42 U.S.C. 

3 9604), the site— 

4 (aa) has undergone a pre5 CERCLA screening; and 

6 (bb) is included in the 

7 Superfund Enterprise Manage8 ment System. 

9 (B) INDIAN TRIBE.—The term ‘‘Indian 

10 Tribe’’ has the meaning given the term in sec11 tion 4 of the Indian Self-Determination and 

12 Education Assistance Act (25 U.S.C. 5304). 

13 (C) NATIONAL PRIORITIES LIST.—The 

14 term ‘‘National Priorities List’’ means the Na15 tional Priorities List developed by the President 

16 in accordance with section 105(a)(8)(B) of the 

17 Comprehensive Environmental Response, Com18 pensation, and Liability Act of 1980 (42 U.S.C. 

19 9605(a)(8)(B)). 

20 (D) REMEDIAL ACTION; REMOVAL; RE21 SPONSE.—The terms ‘‘remedial action’’, ‘‘re22 moval’’, and ‘‘response’’ have the meanings 

23 given those terms in section 101 of the Com24 prehensive Environmental Response, Compensa-
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1 tion, and Liability Act of 1980 (42 U.S.C. 

2 9601). 

3 (E) TRIBAL LAND.—The term ‘‘Tribal 

4 land’’ has the meaning given the term ‘‘Indian 

5 country’’ in section 1151 of title 18, United 

6 States Code. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated for each of 

9 fiscal years 2023 through 2032, to remain available 

10 until expended— 

11 (A) $97,000,000 to the Administrator to 

12 carry out this subsection (except for paragraph 

13 (4)); and 

14 (B) $3,000,000 to the Administrator of the 

15 Agency for Toxic Substances and Disease Reg16 istry to carry out paragraph (4). 

17 (3) USES OF AMOUNTS.—Amounts appropriated 

18 under paragraph (2)(A) shall be used by the Admin19 istrator— 

20 (A) to carry out removal actions on aban21 doned mine land located on Tribal land; 

22 (B) to carry out response actions, includ23 ing removal and remedial planning activities, 

24 removal and remedial studies, remedial actions, 

25 and other actions taken pursuant to section 
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1 104(b) of the Comprehensive Environmental 

2 Response, Compensation, and Liability Act of 

3 1980 (42 U.S.C. 9604(b)) on abandoned mine 

4 land located on Tribal land at— 

5 (i) eligible non-NPL sites; and 

6 (ii) sites listed on the National Prior7 ities List; and 

8 (C) to make grants under paragraph (5). 

9 (4) HEALTH ASSESSMENTS.—Subject to the 

10 availability of appropriations, the Agency for Toxic 

11 Substances and Disease Registry, in coordination 

12 with Tribal health authorities, shall perform 1 or 

13 more health assessments at each eligible non-NPL 

14 site that is located on Tribal land, in accordance 

15 with section 104(i)(6) of the Comprehensive Envi16 ronmental Response, Compensation, and Liability 

17 Act of 1980 (42 U.S.C. 9604(i)(6)). 

18 (5) TRIBAL GRANTS.— 

19 (A) IN GENERAL.—The Administrator may 

20 use amounts appropriated under paragraph 

21 (2)(A) to make grants to eligible entities de22 scribed in subparagraph (B) for the purposes 

23 described in subparagraph (C). 
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1 (B) ELIGIBLE ENTITIES DESCRIBED.—An 

2 eligible entity referred to in subparagraph (A) 

3 is— 

4 (i) the governing body of an Indian 

5 Tribe; or 

6 (ii) a legally established organization 

7 of Indians that— 

8 (I) is controlled, sanctioned, or 

9 chartered by the governing bodies of 2 

10 or more Indian Tribes to be served, or 

11 that is democratically elected by the 

12 adult members of the Indian commu13 nity to be served, by that organiza14 tion; and 

15 (II) includes the maximum par16 ticipation of Indians in all phases of 

17 the activities of that organization. 

18 (C) USE OF GRANT FUNDS.—A grant 

19 under this paragraph shall be used— 

20 (i) in accordance with the second sen21 tence of section 117(e)(1) of the Com22 prehensive Environmental Response, Com23 pensation, and Liability Act of 1980 (42 

24 U.S.C. 9617(e)(1)); 
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1 (ii) for obtaining technical assistance 

2 in carrying out response actions under 

3 clause (iii); or 

4 (iii) for carrying out response actions, 

5 if the Administrator determines that the 

6 Indian Tribe has the capability to carry 

7 out any or all of those response actions in 

8 accordance with the criteria and priorities 

9 established pursuant to section 105(a)(8) 

10 of the Comprehensive Environmental Re11 sponse, Compensation, and Liability Act of 

12 1980 (42 U.S.C. 9605(a)(8)). 

13 (D) APPLICATIONS.—An eligible entity de14 siring a grant under this paragraph shall sub15 mit to the Administrator an application at such 

16 time, in such manner, and containing such in17 formation as the Administrator may require. 

18 (E) LIMITATIONS.—A grant under this 

19 paragraph shall be governed by the rules, proce20 dures, and limitations described in section 

21 117(e)(2) of the Comprehensive Environmental 

22 Response, Compensation, and Liability Act of 

23 1980 (42 U.S.C. 9617(e)(2)), except that— 

24 (i) ‘‘Administrator of the Environ25 mental Protection Agency’’ shall be sub-
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1 stituted for ‘‘President’’ each place it ap2 pears in that section; and 

3 (ii) in the first sentence of that sec4 tion, ‘‘under subsection (s) of the AD5 VANCE Act of 2023’’ shall be substituted 

6 for ‘‘under this subsection’’. 

7 (6) STATUTE OF LIMITATIONS.—If a remedial 

8 action described in paragraph (3)(B) is scheduled at 

9 an eligible non-NPL site, no action may be com10 menced for damages (as defined in section 101 of 

11 the Comprehensive Environmental Response, Com12 pensation, and Liability Act of 1980 (42 U.S.C. 

13 9601)) with respect to that eligible non-NPL site 

14 unless the action is commenced within the timeframe 

15 provided for such actions with respect to facilities on 

16 the National Priorities List in the first sentence of 

17 the matter following subparagraph (B) of section 

18 113(g)(1) of that Act (42 U.S.C. 9613(g)(1)). 

19 (7) COORDINATION.—The Administrator shall 

20 coordinate with the Indian Tribe on whose land the 

21 applicable site is located in— 

22 (A) selecting and prioritizing sites for re23 sponse actions under subparagraphs (A) and 

24 (B) of paragraph (3); and 

25 (B) carrying out those response actions. 
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1 (t) DEVELOPMENT, QUALIFICATION, AND LICENSING

2 OF ADVANCED NUCLEAR FUEL CONCEPTS.— 

3 (1) IN GENERAL.—The Commission shall estab4 lish an initiative to enhance preparedness and co5 ordination with respect to the qualification and li6 censing of advanced nuclear fuel. 

7 (2) AGENCY COORDINATION.—Not later than 

8 180 days after the date of enactment of this Act, the 

9 Commission and the Secretary of Energy shall enter 

10 into a memorandum of understanding— 

11 (A) to share technical expertise and knowl12 edge through— 

13 (i) enabling the testing and dem14 onstration of accident tolerant fuels for ex15 isting commercial nuclear reactors and ad16 vanced nuclear reactor fuel concepts to be 

17 proposed and funded, in whole or in part, 

18 by the private sector; 

19 (ii) operating a database to store and 

20 share data and knowledge relevant to nu21 clear science and engineering between Fed22 eral agencies and the private sector; 

23 (iii) leveraging expertise with respect 

24 to safety analysis and research relating to 

25 advanced nuclear fuel; and 
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1 (iv) enabling technical staff to actively 

2 observe and learn about technologies, with 

3 an emphasis on identification of additional 

4 information needed with respect to ad5 vanced nuclear fuel; and 

6 (B) to ensure that— 

7 (i) the Department of Energy has suf8 ficient technical expertise to support the 

9 timely research, development, demonstra10 tion, and commercial application of ad11 vanced nuclear fuel; 

12 (ii) the Commission has sufficient 

13 technical expertise to support the evalua14 tion of applications for licenses, permits, 

15 and design certifications and other re16 quests for regulatory approval for ad17 vanced nuclear fuel; 

18 (iii)(I) the Department of Energy 

19 maintains and develops the facilities nec20 essary to enable the timely research, devel21 opment, demonstration, and commercial 

22 application by the civilian nuclear industry 

23 of advanced nuclear fuel; and 
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1 (II) the Commission has access to the 

2 facilities described in subclause (I), as 

3 needed; and 

4 (iv) the Commission consults, as ap5 propriate, with the modeling and simula6 tion experts at the Office of Nuclear En7 ergy of the Department of Energy, at the 

8 National Laboratories, and within industry 

9 fuel vendor teams in cooperative agree10 ments with the Department of Energy to 

11 leverage physics-based computer modeling 

12 and simulation capabilities. 

13 (3) REPORT.— 

14 (A) IN GENERAL.—Not later than 1 year 

15 after the date of enactment of this Act, the 

16 Commission shall submit to the appropriate 

17 committees of Congress a report describing the 

18 efforts of the Commission under paragraph (1), 

19 including— 

20 (i) an assessment of the preparedness 

21 of the Commission to review and qualify 

22 for use— 

23 (I) accident tolerant fuel; 

24 (II) ceramic cladding materials; 
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1 (III) fuels containing silicon car2 bide; 

3 (IV) high-assay, low-enriched 

4 uranium fuels; 

5 (V) molten-salt based liquid 

6 fuels; 

7 (VI) fuels derived from spent nu8 clear fuel or depleted uranium; and 

9 (VII) other related fuel concepts, 

10 as determined by the Commission; 

11 (ii) activities planned or undertaken 

12 under the memorandum of understanding 

13 described in paragraph (2); 

14 (iii) an accounting of the areas of re15 search needed with respect to advanced nu16 clear fuel; and 

17 (iv) any other challenges or consider18 ations identified by the Commission. 

19 (B) CONSULTATION.—In developing the 

20 report under subparagraph (A), the Commis21 sion shall seek input from— 

22 (i) the Secretary of Energy; 

23 (ii) National Laboratories; 

24 (iii) the nuclear energy industry; 

25 (iv) technology developers; 
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1 (v) nongovernmental organizations; 

2 and 

3 (vi) other public stakeholders. 

4 (u) COMMISSION WORKFORCE.— 

5 (1) DEFINITION OF CHAIRMAN.—In this sub6 section, the term ‘‘Chairman’’ means the Chairman 

7 of the Commission. 

8 (2) HIRING BONUS AND APPOINTMENT AU9 THORITY.— 

10 (A) IN GENERAL.—Notwithstanding sec11 tion 161 d. of the Atomic Energy Act of 1954 

12 (42 U.S.C. 2201(d)), any provision of Reorga13 nization Plan No. 1 of 1980 (94 Stat. 3585; 5 

14 U.S.C. app.), and any provision of title 5, 

15 United States Code, governing appointments 

16 and General Schedule classification and pay 

17 rates, the Chairman may, subject to the limita18 tions described in subparagraph (C), and with19 out regard to the civil service laws— 

20 (i) establish the positions described in 

21 subparagraph (B); and 

22 (ii) appoint persons to the positions 

23 established under clause (i). 

24 (B) POSITIONS DESCRIBED.—The posi25 tions referred to in subparagraph (A)(i) are— 
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1 (i) permanent or term-limited posi2 tions with highly specialized scientific, en3 gineering, and technical competencies to 

4 address a critical licensing or regulatory 

5 oversight need for the Commission, includ6 ing— 

7 (I) health physicist; 

8 (II) reactor operations engineer; 

9 (III) human factors analyst or 

10 engineer; 

11 (IV) risk and reliability analyst 

12 or engineer; 

13 (V) licensing project manager; 

14 (VI) reactor engineer for severe 

15 accidents; 

16 (VII) geotechnical engineer; 

17 (VIII) structural engineer; 

18 (IX) reactor systems engineer; 

19 (X) reactor engineer; 

20 (XI) radiation scientist; 

21 (XII) seismic engineer; and 

22 (XIII) electronics engineer; or 

23 (ii) permanent or term-limited posi24 tions to be filled by exceptionally well25 qualified individuals that the Chairman, 
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1 subject to paragraph (5), determines are 

2 necessary to fulfill the mission of the Com3 mission. 

4 (C) LIMITATIONS.— 

5 (i) IN GENERAL.—Appointments 

6 under subparagraph (A)(ii) may be made 

7 to not more than— 

8 (I)(aa) 15 permanent positions 

9 described in subparagraph (B)(i) dur10 ing fiscal year 2024; and 

11 (bb) 10 permanent positions de12 scribed in subparagraph (B)(i) during 

13 each fiscal year thereafter; 

14 (II)(aa) 15 term-limited positions 

15 described in subparagraph (B)(i) dur16 ing fiscal year 2024; and 

17 (bb) 10 term-limited positions de18 scribed in subparagraph (B)(i) during 

19 each fiscal year thereafter; 

20 (III)(aa) 15 permanent positions 

21 described in subparagraph (B)(ii) dur22 ing fiscal year 2024; and 

23 (bb) 10 permanent positions de24 scribed in subparagraph (B)(ii) during 

25 each fiscal year thereafter; and 
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1 (IV)(aa) 15 term-limited posi2 tions described in subparagraph 

3 (B)(ii) during fiscal year 2024; and 

4 (bb) 10 term-limited positions de5 scribed in subparagraph (B)(ii) during 

6 each fiscal year thereafter. 

7 (ii) TERM OF TERM-LIMITED AP8 POINTMENT.—If a person is appointed to a 

9 term-limited position described in clause (i) 

10 or (ii) of subparagraph (B), the term of 

11 that appointment shall not exceed 4 years. 

12 (iii) STAFF POSITIONS.—Subject to 

13 paragraph (5), appointments made to posi14 tions established under this paragraph 

15 shall be to a range of staff positions that 

16 are of entry, mid, and senior levels, to the 

17 extent practicable. 

18 (D) HIRING BONUS.—The Commission 

19 may pay a person appointed under subpara20 graph (A) a 1-time hiring bonus in an amount 

21 not to exceed the least of— 

22 (i) $25,000; 

23 (ii) the amount equal to 15 percent of 

24 the annual rate of basic pay of the em25 ployee; and 
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1 (iii) the amount of the limitation that 

2 is applicable for a calendar year under sec3 tion 5307(a)(1) of title 5, United States 

4 Code. 

5 (3) COMPENSATION AND APPOINTMENT AU6 THORITY.— 

7 (A) IN GENERAL.—Notwithstanding sec8 tion 161 d. of the Atomic Energy Act of 1954 

9 (42 U.S.C. 2201(d)), any provision of Reorga10 nization Plan No. 1 of 1980 (94 Stat. 3585; 5 

11 U.S.C. app.), and chapter 51, and subchapter 

12 III of chapter 53, of title 5, United States 

13 Code, the Chairman, subject to the limitations 

14 described in subparagraph (C) and without re15 gard to the civil service laws, may— 

16 (i) establish and fix the rates of basic 

17 pay for the positions described in subpara18 graph (B); and 

19 (ii) appoint persons to the positions 

20 established under clause (i). 

21 (B) POSITIONS DESCRIBED.—The posi22 tions referred to in subparagraph (A)(i) are— 

23 (i) positions with highly specialized 

24 scientific, engineering, and technical com-
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1 petencies to address a critical need for the 

2 Commission, including— 

3 (I) health physicist; 

4 (II) reactor operations engineer; 

5 (III) human factors analyst or 

6 engineer; 

7 (IV) risk and reliability analyst 

8 or engineer; 

9 (V) licensing project manager; 

10 (VI) reactor engineer for severe 

11 accidents; 

12 (VII) geotechnical engineer; 

13 (VIII) structural engineer; 

14 (IX) reactor systems engineer; 

15 (X) reactor engineer; 

16 (XI) radiation scientist; 

17 (XII) seismic engineer; and 

18 (XIII) electronics engineer; or 

19 (ii) positions to be filled by exception20 ally well-qualified persons that the Chair21 man, subject to paragraph (5), determines 

22 are necessary to fulfill the mission of the 

23 Commission. 

24 (C) LIMITATIONS.— 
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1 (i) IN GENERAL.—The annual rate of 

2 basic pay for a position described in sub3 paragraph (B) may not exceed the per 

4 annum rate of salary payable for level III 

5 of the Executive Schedule under section 

6 5314 of title 5, United States Code. 

7 (ii) NUMBER OF POSITIONS.—Ap8 pointments under subparagraph (A)(ii) 

9 may be made to not more than— 

10 (I) 10 positions described in sub11 paragraph (B)(i) per fiscal year, not 

12 to exceed a total of 50 positions; and 

13 (II) 10 positions described in 

14 subparagraph (B)(ii) per fiscal year, 

15 not to exceed a total of 50 positions. 

16 (D) PERFORMANCE BONUS.— 

17 (i) IN GENERAL.—Subject to clauses 

18 (ii) and (iii), an employee may be paid a 

19 1-time performance bonus in an amount 

20 not to exceed the least of— 

21 (I) $25,000; 

22 (II) the amount equal to 15 per23 cent of the annual rate of basic pay of 

24 the person; and 
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1 (III) the amount of the limitation 

2 that is applicable for a calendar year 

3 under section 5307(a)(1) of title 5, 

4 United States Code. 

5 (ii) PERFORMANCE.—Any 1-time per6 formance bonus under clause (i) shall be 

7 made to a person who demonstrated excep8 tional performance in the applicable fiscal 

9 year, including— 

10 (I) leading a project team in a 

11 timely, efficient, and predictable li12 censing review to enable the safe use 

13 of nuclear technology; 

14 (II) making significant contribu15 tions to a timely, efficient, and pre16 dictable licensing review to enable the 

17 safe use of nuclear technology; 

18 (III) the resolution of novel or 

19 first-of-a-kind regulatory issues; 

20 (IV) developing or implementing 

21 licensing or regulatory oversight proc22 esses to improve the effectiveness of 

23 the Commission; and 
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1 (V) other performance, as deter2 mined by the Chairman, subject to 

3 paragraph (5). 

4 (iii) LIMITATIONS.—The Commission 

5 may pay a 1-time performance bonus 

6 under clause (i) for not more than 15 per7 sons per fiscal year, and a person who re8 ceives a 1-time performance bonus under 

9 that clause may not receive another 1-time 

10 performance bonus under that clause for a 

11 period of 5 years thereafter. 

12 (4) ANNUAL SOLICITATION FOR NUCLEAR REG13 ULATOR APPRENTICESHIP NETWORK APPLICA14 TIONS.—The Chairman, on an annual basis, shall 

15 solicit applications for the Nuclear Regulator Ap16 prenticeship Network. 

17 (5) APPLICATION OF MERIT SYSTEM PRIN18 CIPLES.—To the maximum extent practicable, ap19 pointments under paragraphs (2)(A) and (3)(A) and 

20 any 1-time performance bonus under paragraph 

21 (3)(D) shall be made in accordance with the merit 

22 system principles set forth in section 2301 of title 5, 

23 United States Code. 

24 (6) DELEGATION.—Pursuant to Reorganization 

25 Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), 
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1 the Chairman shall delegate, subject to the direction 

2 and supervision of the Chairman, the authority pro3 vided by paragraphs (2), (3), and (4) to the Execu4 tive Director for Operations of the Commission. 

5 (7) ANNUAL REPORT.—The Commission shall 

6 include in the annual budget justification of the 

7 Commission— 

8 (A) information that describes— 

9 (i) the total number of and the posi10 tions of the persons appointed under the 

11 authority provided by paragraph (2); 

12 (ii) the total number of and the posi13 tions of the persons paid at the rate deter14 mined under the authority provided by 

15 paragraph (3)(A); 

16 (iii) the total number of and the posi17 tions of the persons paid a 1-time perform18 ance bonus under the authority provided 

19 by paragraph (3)(D); 

20 (iv) how the authority provided by 

21 paragraphs (2) and (3) is being used, and 

22 has been used during the previous fiscal 

23 year, to address the hiring and retention 

24 needs of the Commission with respect to 
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1 the positions described in those subsections 

2 to which that authority is applicable; 

3 (v) if the authority provided by para4 graphs (2) and (3) is not being used, or 

5 has not been used, the reasons, including 

6 a justification, for not using that author7 ity; and 

8 (vi) the attrition levels with respect to 

9 the term-limited appointments made under 

10 paragraph (2), including, with respect to 

11 persons leaving a position before comple12 tion of the applicable term of service, the 

13 average length of service as a percentage 

14 of the term of service; 

15 (B) an assessment of— 

16 (i) the current critical workforce needs 

17 of the Commission, including any critical 

18 workforce needs that the Commission an19 ticipates in the subsequent 5 fiscal years; 

20 and 

21 (ii) further skillsets that are or will be 

22 needed for the Commission to fulfill the li23 censing and oversight responsibilities of 

24 the Commission; and 
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1 (C) the plans of the Commission to assess, 

2 develop, and implement updated staff perform3 ance standards, training procedures, and sched4 ules. 

5 (8) REPORT ON ATTRITION AND EFFECTIVE6 NESS.—Not later than September 30, 2032, the 

7 Commission shall submit to the Committees on Ap8 propriations and Environment and Public Works of 

9 the Senate and the Committees on Appropriations 

10 and Energy and Commerce of the House of Rep11 resentatives a report that— 

12 (A) describes the attrition levels with re13 spect to the term-limited appointments made 

14 under paragraph (2), including, with respect to 

15 persons leaving a position before completion of 

16 the applicable term of service, the average 

17 length of service as a percentage of the term of 

18 service; 

19 (B) provides the views of the Commission 

20 on the effectiveness of the authorities provided 

21 by paragraphs (2) and (3) in helping the Com22 mission fulfill the mission of the Commission; 

23 and 

24 (C) makes recommendations with respect 

25 to whether the authorities provided by para-
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1 graphs (2) and (3) should be continued, modi2 fied, or discontinued. 

3 (v) COMMISSION CORPORATE SUPPORT FUNDING.— 

4 (1) REPORT.—Not later than 3 years after the 

5 date of enactment of this Act, the Commission shall 

6 submit to the appropriate committees of Congress 

7 and make publicly available a report that de8 scribes— 

9 (A) the progress on the implementation of 

10 section 102(a)(3) of the Nuclear Energy Inno11 vation and Modernization Act (42 U.S.C. 

12 2215(a)(3)); and 

13 (B) whether the Commission is meeting 

14 and is expected to meet the total budget au15 thority caps required for corporate support 

16 under that section. 

17 (2) LIMITATION ON CORPORATE SUPPORT

18 COSTS.—Section 102(a)(3) of the Nuclear Energy 

19 Innovation and Modernization Act (42 U.S.C. 

20 2215(a)(3)) is amended by striking subparagraphs 

21 (B) and (C) and inserting the following: 

22 ‘‘(B) 30 percent for fiscal year 2024 and 

23 each fiscal year thereafter.’’. 

24 (3) CORPORATE SUPPORT COSTS CLARIFICA25 TION.—Paragraph (9) of section 3 of the Nuclear 
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1 Energy Innovation and Modernization Act (42 

2 U.S.C. 2215 note; Public Law 115–439) (as redesig3 nated by subsection (f)(1)(A)) is amended— 

4 (A) by striking ‘‘The term’’ and inserting 

5 the following: 

6 ‘‘(A) IN GENERAL.—The term’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(B) EXCLUSIONS.—The term ‘corporate 

9 support costs’ does not include— 

10 ‘‘(i) costs for rent and utilities relat11 ing to any and all space in the Three 

12 White Flint North building that is not oc13 cupied by the Commission; or 

14 ‘‘(ii) costs for salaries, travel, and 

15 other support for the Office of the Com16 mission.’’. 

17 (w) PERFORMANCE AND REPORTING UPDATE.—Sec18 tion 102(c) of the Nuclear Energy Innovation and Mod19 ernization Act (42 U.S.C. 2215(c)) is amended— 

20 (1) in paragraph (3)— 

21 (A) in the paragraph heading, by striking 

22 ‘‘180’’ and inserting ‘‘90’’; and 

23 (B) by striking ‘‘180’’ and inserting ‘‘90’’; 

24 and 

25 (2) by adding at the end the following: 
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1 ‘‘(4) PERIODIC UPDATES TO METRICS AND

2 SCHEDULES.— 

3 ‘‘(A) REVIEW AND ASSESSMENT.—Not less 

4 frequently than once every 3 years, the Com5 mission shall review and assess, based on the li6 censing and regulatory activities of the Com7 mission, the performance metrics and milestone 

8 schedules established under paragraph (1). 

9 ‘‘(B) REVISIONS.—After each review and 

10 assessment under subparagraph (A), the Com11 mission shall revise and improve, as appro12 priate, the performance metrics and milestone 

13 schedules described in that subparagraph to 

14 provide the most efficient metrics and schedules 

15 reasonably achievable.’’. 

16 (x) NUCLEAR CLOSURE COMMUNITIES.— 

17 (1) DEFINITIONS.—In this subsection: 

18 (A) COMMUNITY ADVISORY BOARD.—The 

19 term ‘‘community advisory board’’ means a 

20 community committee or other advisory organi21 zation that aims to foster communication and 

22 information exchange between a licensee plan23 ning for and involved in decommissioning activi24 ties and members of the community that de25 commissioning activities may affect. 
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1 (B) DECOMMISSION.—The term ‘‘decom2 mission’’ has the meaning given the term in 

3 section 50.2 of title 10, Code of Federal Regu4 lations (or successor regulations). 

5 (C) ELIGIBLE RECIPIENT.—The term ‘‘eli6 gible recipient’’ has the meaning given the term 

7 in section 3 of the Public Works and Economic 

8 Development Act of 1965 (42 U.S.C. 3122). 

9 (D) LICENSEE.—The term ‘‘licensee’’ has 

10 the meaning given the term in section 50.2 of 

11 title 10, Code of Federal Regulations (or suc12 cessor regulations). 

13 (E) NUCLEAR CLOSURE COMMUNITY.—The 

14 term ‘‘nuclear closure community’’ means a 

15 unit of local government, including a county, 

16 city, town, village, school district, or special dis17 trict, that has been impacted, or reasonably 

18 demonstrates to the satisfaction of the Sec19 retary that it will be impacted, by a nuclear 

20 power plant licensed by the Commission that— 

21 (i) is not co-located with an operating 

22 nuclear power plant; 

23 (ii) is at a site with spent nuclear 

24 fuel; and 
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1 (iii) as of the date of enactment of 

2 this Act— 

3 (I) has ceased operations; or 

4 (II) has provided a written notifi5 cation to the Commission that it will 

6 cease operations. 

7 (F) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Commerce, acting 

9 through the Assistant Secretary of Commerce 

10 for Economic Development. 

11 (2) ESTABLISHMENT.—Not later than 180 days 

12 after the date of enactment of this Act, the Sec13 retary shall establish a grant program to provide 

14 grants to eligible recipients— 

15 (A) to assist with economic development in 

16 nuclear closure communities; and 

17 (B) to fund community advisory boards in 

18 nuclear closure communities. 

19 (3) REQUIREMENT.—In carrying out this sub20 section, to the maximum extent practicable, the Sec21 retary shall implement the recommendations de22 scribed in the report submitted to Congress under 

23 section 108 of the Nuclear Energy Innovation and 

24 Modernization Act (Public Law 115–439; 132 Stat. 

25 5577) entitled ‘‘Best Practices for Establishment 
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1 and Operation of Local Community Advisory Boards 

2 Associated with Decommissioning Activities at Nu3 clear Power Plants’’. 

4 (4) DISTRIBUTION OF FUNDS.—The Secretary 

5 shall establish a formula to ensure, to the maximum 

6 extent practicable, geographic diversity among grant 

7 recipients under this subsection. 

8 (5) AUTHORIZATION OF APPROPRIATIONS.— 

9 (A) IN GENERAL.—There are authorized to 

10 be appropriated to the Secretary— 

11 (i) to carry out paragraph (2)(A), 

12 $35,000,000 for each of fiscal years 2023 

13 through 2028; and 

14 (ii) to carry out paragraph (2)(B), 

15 $5,000,000 for each of fiscal years 2023 

16 through 2025. 

17 (B) AVAILABILITY.—Amounts made avail18 able under this subsection shall remain avail19 able for a period of 5 years beginning on the 

20 date on which the amounts are made available. 

21 (C) NO OFFSET.—None of the funds made 

22 available under this subsection may be used to 

23 offset the funding for any other Federal pro24 gram. 
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1 (y) TECHNICAL CORRECTION.—Section 104 c. of the 

2 Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amend3 ed— 

4 (1) by striking the third sentence and inserting 

5 the following: 

6 ‘‘(3) LIMITATION ON UTILIZATION FACILI7 TIES.—The Commission may issue a license under 

8 this section for a utilization facility useful in the 

9 conduct of research and development activities of the 

10 types specified in section 31 if— 

11 ‘‘(A) not more than 75 percent of the an12 nual costs to the licensee of owning and oper13 ating the facility are devoted to the sale, other 

14 than for research and development or education 

15 and training, of— 

16 ‘‘(i) nonenergy services; 

17 ‘‘(ii) energy; or 

18 ‘‘(iii) a combination of nonenergy 

19 services and energy; and 

20 ‘‘(B) not more than 50 percent of the an21 nual costs to the licensee of owning and oper22 ating the facility are devoted to the sale of en23 ergy.’’; 

24 (2) in the second sentence, by striking ‘‘The 

25 Commission’’ and inserting the following: 
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1 ‘‘(2) REGULATION.—The Commission’’; and 

2 (3) by striking ‘‘c. The Commission’’ and in3 serting the following: 

4 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

6 and (3), the Commission’’. 

7 (z) REPORT ON ENGAGEMENT WITH THE GOVERN8 MENT OF CANADA WITH RESPECT TO NUCLEAR WASTE

9 ISSUES IN THE GREAT LAKES BASIN.—Not later than 1 

10 year after the date of enactment of this Act, the Commis11 sion shall submit to the appropriate committees of Con12 gress, the Committee on Foreign Relations of the Senate, 

13 the Committee on Energy and Natural Resources of the 

14 Senate, and the Committee on Foreign Affairs of the 

15 House of Representatives a report describing any engage16 ment between the Commission and the Government of 

17 Canada with respect to nuclear waste issues in the Great 

18 Lakes Basin. 

19 (aa) SAVINGS CLAUSE.—Nothing in this section af20 fects authorities of the Department of State. 
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1 DIVISION F—DEPARTMENT OF 

2 STATE AUTHORIZATION ACT 

3 OF 2023 

4 SEC. 6001. SHORT TITLE; TABLE OF CONTENTS. 

5 (a) SHORT TITLE.—This division may be cited as the 

6 ‘‘Department of State Authorization Act of 2023’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this division is as follows: 

DIVISION F—DEPARTMENT OF STATE AUTHORIZATION ACT OF 

2023 

Sec. 6001. Short title; table of contents. 

Sec. 6002. Definitions. 

TITLE LXI—DIPLOMATIC SECURITY AND CONSULAR AFFAIRS 

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. 

TITLE LXII—PERSONNEL MATTERS 

Subtitle A—Hiring, Promotion, and Development 

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. 

Subtitle B—Pay, Benefits, and Workforce Matters 
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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. 

TITLE LXIII—INFORMATION SECURITY AND CYBER DIPLOMACY 

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. 

TITLE LXIV—ORGANIZATION AND OPERATIONS 

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. 

TITLE LXV—ECONOMIC DIPLOMACY 

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. 

TITLE LXVI—PUBLIC DIPLOMACY 
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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. 

TITLE LXVII—OTHER MATTERS 

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 nonbinding 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. 

TITLE LXVIII—AUKUS MATTERS 

Sec. 6801. Definitions. 

Subtitle A—Outlining the AUKUS Partnership 

Sec. 6811. Statement of policy on the AUKUS partnership. 

Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of 

State. 

Subtitle B—Authorization for AUKUS Submarine Training 

Sec. 6823. Australia, United Kingdom, and United States submarine security 

training. 

Subtitle C—Streamlining and Protecting Transfers of United States Military 

Technology From Compromise 

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. 
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Subtitle D—Other AUKUS Matters 

Sec. 6841. Reporting related to the AUKUS partnership. 

1 SEC. 6002. DEFINITIONS. 

2 In this division: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Relations 

6 of the Senate and the Committee on Foreign Affairs 

7 of the House of Representatives. 

8 (2) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of State. 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of State. 

12 TITLE LXI—DIPLOMATIC SECU13 RITY AND CONSULAR AF14 FAIRS 

15 SEC. 6101. SPECIAL HIRING AUTHORITY FOR PASSPORT 

16 SERVICES. 

17 During the 3-year period beginning on the date of 

18 the enactment of this Act, the Secretary of State, without 

19 regard to the provisions under sections 3309 through 

20 3318 of title 5, United States Code, may directly appoint 

21 up to 80 candidates to positions in the competitive service 

22 (as defined in section 2102 of such title) at the Depart23 ment in the Passport and Visa Examining Series 0967. 
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1 SEC. 6102. QUARTERLY REPORT ON PASSPORT WAIT TIMES. 

2 Not later than 30 days after the date of the enact3 ment of this Act, and quarterly thereafter for the following 

4 3 years, the Secretary shall submit a report to the appro5 priate congressional committees that describes— 

6 (1) the current estimated wait times for pass7 port processing; 

8 (2) the steps that have been taken by the De9 partment to reduce wait times to a reasonable time; 

10 (3) efforts to improve the rollout of the online 

11 passport renewal processing program, including how 

12 much of passport revenues the Department is spend13 ing on consular systems modernization; 

14 (4) the demand for urgent passport services by 

15 major metropolitan area; 

16 (5) the steps that have been taken by the De17 partment to reduce and meet the demand for urgent 

18 passport services, particularly in areas that are 

19 greater than 5 hours driving time from the nearest 

20 passport agency; and 

21 (6) how the Department details its staff and re22 sources to passport services programs. 

23 SEC. 6103. PASSPORT TRAVEL ADVISORIES. 

24 Not later than 180 days after the date of the enact25 ment of this Act, the Department shall make prominently 
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1 available in United States regular passports, on the first 

2 three pages of the passport, the following information: 

3 (1) A prominent, clear advisory for all travelers 

4 to check travel.state.gov for updated travel warnings 

5 and advisories. 

6 (2) A prominent, clear notice urging all trav7 elers to register with the Department prior to over8 seas travel. 

9 (3) A prominent, clear advisory— 

10 (A) noting that many countries deny entry 

11 to travelers during the last 6 months of their 

12 passport validity period; and 

13 (B) urging all travelers to renew their 

14 passport not later than 1 year prior to its expi15 ration. 

16 SEC. 6104. STRATEGY TO ENSURE ACCESS TO PASSPORT 

17 SERVICES FOR ALL AMERICANS. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Secretary shall submit a strategy 

20 to the appropriate congressional committees, the Com21 mittee on Appropriations of the Senate, and the Com22 mittee on Appropriations of the House of Representatives 

23 for ensuring reasonable access to passport services for all 

24 Americans, which shall include— 
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1 (1) a detailed strategy describing how the De2 partment could— 

3 (A) by not later than 1 year after submis4 sion of the strategy, reduce passport processing 

5 times to an acceptable average for renewals and 

6 for expedited service; and 

7 (B) by not later than 2 years after the 

8 submission of the strategy, provide United 

9 States residents living in a significant popu10 lation center more than a 5-hour drive from a 

11 passport agency with urgent, in-person passport 

12 services, including the possibility of building 

13 new passport agencies; and 

14 (2) a description of the specific resources re15 quired to implement the strategy. 

16 SEC. 6105. STRENGTHENING THE NATIONAL PASSPORT IN17 FORMATION CENTER. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that passport wait times since 2021 have been unac20 ceptably long and have created frustration among those 

21 seeking to obtain or renew passports. 

22 (b) ONLINE CHAT FEATURE.—The Department 

23 should develop an online tool with the capability for cus24 tomers to correspond with customer service representa-
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1 tives regarding questions and updates pertaining to their 

2 application for a passport or for the renewal of a passport. 

3 (c) GAO REPORT.—Not later than 90 days after the 

4 date of the enactment of this Act, the Comptroller General 

5 of the United States shall initiate a review of NPIC oper6 ations, which shall include an analysis of the extent to 

7 which NPIC— 

8 (1) responds to constituent inquiries by tele9 phone, including how long constituents are kept on 

10 hold and their ability to be placed in a queue; 

11 (2) provides personalized customer service; 

12 (3) maintains its telecommunications infra13 structure to ensure it effectively handles call vol14 umes; and 

15 (4) other relevant issues the Comptroller Gen16 eral deems appropriate. 

17 SEC. 6106. STRENGTHENING PASSPORT CUSTOMER VISI18 BILITY AND TRANSPARENCY. 

19 (a) ONLINE STATUS TOOL.—Not later than 2 years 

20 after the date of the enactment of this Act, the Depart21 ment should modernize the online passport application 

22 status tool to include, to the greatest extent possible, step 

23 by step updates on the status of their application, includ24 ing with respect to the following stages: 

25 (1) Submitted for processing. 
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1 (2) In process at a lockbox facility. 

2 (3) Awaiting adjudication. 

3 (4) In process of adjudication. 

4 (5) Adjudicated with a result of approval or de5 nial. 

6 (6) Materials shipped. 

7 (b) ADDITIONAL INFORMATION.—The tool pursuant 

8 to subsection (a) should include a display that informs 

9 each passport applicant of— 

10 (1) the date on which his or her passport appli11 cation was received; and 

12 (2) the estimated wait time remaining in the 

13 passport application process. 

14 (c) REPORT.—Not later than 90 days after the date 

15 of the enactment of this Act, the Assistant Secretary of 

16 State for Consular Affairs shall submit a report to the 

17 appropriate congressional committees that outlines a plan 

18 for coordinated comprehensive public outreach to increase 

19 public awareness and understanding of— 

20 (1) the online status tool required under sub21 section (a); 

22 (2) passport travel advisories required under 

23 section 6103; and 

24 (3) passport wait times. 
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1 SEC. 6107. ANNUAL OFFICE OF AUTHENTICATIONS REPORT. 

2 (a) REPORT.—The Assistant Secretary of State for 

3 Consular Affairs shall submit an annual report for 5 years 

4 to the appropriated congressional committees that de5 scribes— 

6 (1) the number of incoming authentication re7 quests, broken down by month and type of request, 

8 to show seasonal fluctuations in demand; 

9 (2) the average time taken by the Office of Au10 thentications of the Department of State to authen11 ticate documents, broken down by month to show 

12 seasonal fluctuations in wait times; 

13 (3) how the Department of State details staff 

14 to the Office of Authentications; and 

15 (4) the impact that hiring additional, perma16 nent, dedicated staff for the Office of Authentica17 tions would have on the processing times referred to 

18 in paragraph (2). 

19 (b) AUTHORIZATION.—The Secretary of State is au20 thorized to hire additional, permanent, dedicated staff for 

21 the Office of Authentications. 

22 SEC. 6108. INCREASED ACCOUNTABILITY IN ASSIGNMENT 

23 RESTRICTIONS AND REVIEWS. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 
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1 (1) the use of policies to restrict personnel from 

2 serving in certain assignments may undermine the 

3 Department’s ability to deploy relevant cultural and 

4 linguistic skills at diplomatic posts abroad if not ap5 plied judiciously; and 

6 (2) the Department should continuously evalu7 ate all processes relating to assignment restrictions, 

8 assignment reviews, and preclusions at the Depart9 ment. 

10 (b) NOTIFICATION OF STATUS.—Beginning not later 

11 than 90 days after the date of the enactment of this Act, 

12 the Secretary shall— 

13 (1) provide a status update for all Department 

14 personnel who, prior to such date of enactment, were 

15 subject to a prior assignment restriction, assignment 

16 review, or preclusion for whom a review or decision 

17 related to assignment is pending; and 

18 (2) on an ongoing basis, provide a status up19 date for any Department personnel who has been 

20 the subject of a pending assignment restriction or 

21 pending assignment review for more than 30 days. 

22 (c) NOTIFICATION CONTENT.—The notification re23 quired under subsection (b) shall inform relevant per24 sonnel, as of the date of the notification— 
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1 (1) whether any prior assignment restriction 

2 has been lifted; 

3 (2) if their assignment status is subject to on4 going review, and an estimated date for completion; 

5 and 

6 (3) if they are subject to any other restrictions 

7 on their ability to serve at posts abroad. 

8 (d) ADJUDICATION OF ONGOING ASSIGNMENT RE9 VIEWS.— 

10 (1) TIME LIMIT.—The Department shall estab11 lish a reasonable time limit for the Department to 

12 complete an assignment review and establish a dead13 line by which it must inform personnel of a decision 

14 related to such a review. 

15 (2) APPEALS.—For any personnel the Depart16 ment determines are ineligible to serve in an assign17 ment due to an assignment restriction or assignment 

18 review, a Security Appeal Panel shall convene not 

19 later than 120 days of an appeal being filed. 

20 (3) ENTRY-LEVEL BIDDING PROCESS.—The De21 partment shall include a description of the assign22 ment review process and critical human intelligence 

23 threat posts in a briefing to new officers as part of 

24 their entry-level bidding process. 
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1 (4) POINT OF CONTACT.—The Department 

2 shall designate point of contacts in the Bureau of 

3 Diplomatic Security and Bureau of Global Talent 

4 Management to answer employee and Career Devel5 opment Officer questions about assignment restric6 tions, assignment reviews, and preclusions. 

7 (e) SECURITY APPEAL PANEL.—Not later than 90 

8 days after the date of the enactment of this Act, the Secu9 rity Appeal Panel shall be comprised of— 

10 (1) the head of an office responsible for human 

11 resources or discrimination who reports directly to 

12 the Secretary; 

13 (2) the Principal Deputy Assistant Secretary 

14 for the Bureau of Global Talent Management; 

15 (3) the Principal Deputy Assistant Secretary 

16 for the Bureau of Intelligence and Research; 

17 (4) an Assistant Secretary or Deputy, or equiv18 alent, from a third bureau as designated by the 

19 Under Secretary for Management; 

20 (5) a representative from the geographic bureau 

21 to which the restriction applies; and 

22 (6) a representative from the Office of the 

23 Legal Adviser and a representative from the Bureau 

24 of Diplomatic Security, who shall serve as non-vot25 ing advisors. 
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1 (f) APPEAL RIGHTS.—Section 414(a) of the Depart2 ment of State Authorities Act, Fiscal Year 2017 (22 

3 U.S.C. 2734c(a)) is amended by striking the first two sen4 tences and inserting ‘‘The Secretary shall establish and 

5 maintain a right and process for employees to appeal a 

6 decision related to an assignment, based on a restriction, 

7 review, or preclusion. Such right and process shall ensure 

8 that any such employee shall have the same appeal rights 

9 as provided by the Department regarding denial or revoca10 tion of a security clearance.’’. 

11 (g) FAM UPDATE.—Not later than 120 days after 

12 the date of the enactment of this Act, the Secretary shall 

13 amend all relevant provisions of the Foreign Service Man14 ual, and any associated or related policies of the Depart15 ment, to comply with this section. 

16 SEC. 6109. SUITABILITY REVIEWS FOR FOREIGN SERVICE 

17 INSTITUTE INSTRUCTORS. 

18 The Secretary shall ensure that all instructors at the 

19 Foreign Service Institute, including direct hires and con20 tractors, who provide language instruction are— 

21 (1) subject to suitability reviews and back22 ground investigations; and 

23 (2) subject to continuous vetting or reinvestiga24 tions to the extend consistent with Department and 

25 Executive policy for other Department personnel. 
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1 SEC. 6110. DIPLOMATIC SECURITY FELLOWSHIP PRO2 GRAMS. 

3 (a) IN GENERAL.—Section 47 of the State Depart4 ment Basic Authorities Act of 1956 (22 U.S.C. 2719) is 

5 amended— 

6 (1) by striking ‘‘The Secretary’’ and inserting 

7 the following: 

8 ‘‘(a) IN GENERAL.—The Secretary’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) DIPLOMATIC SECURITY FELLOWSHIP PRO12 GRAMS.— 

13 ‘‘(1) ESTABLISHMENT.—The Secretary of 

14 State, working through the Assistant Secretary for 

15 Diplomatic Security, is authorized to establish Diplo16 matic Security fellowship programs to provide grants 

17 to United States nationals pursuing undergraduate 

18 studies who commit to pursuing a career as a special 

19 agent, security engineering officer, or in the civil 

20 service in the Bureau of Diplomatic Security. 

21 ‘‘(2) RULEMAKING.—The Secretary is author22 ized to promulgate regulations for the administra23 tion of Diplomatic Security fellowship programs that 

24 set forth— 

25 ‘‘(A) the eligibility requirements for receiv26 ing a grant under this subsection; 
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1 ‘‘(B) the process by which eligible appli2 cants may request such a grant; 

3 ‘‘(C) the maximum amount of such a 

4 grant; and 

5 ‘‘(D) the educational progress to which all 

6 grant recipients are obligated.’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $2,000,000 for each of fis9 cal years 2024 through 2028 to carry out this section. 

10 TITLE LXII—PERSONNEL 

11 MATTERS 

12 Subtitle A—Hiring, Promotion, and 

13 Development 

14 SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS. 

15 Section 603(b) of the Foreign Service Act of 1980 

16 (22 U.S.C. 4003(b)) is amended— 

17 (1) by redesignating paragraph (2), (3), and (4) 

18 as paragraphs (7), (8), and (9), respectively; and 

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraphs: 

21 ‘‘(2) experience serving at an international or22 ganization, multilateral institution, or engaging in 

23 multinational negotiations; 

24 ‘‘(3) willingness to serve in hardship posts over25 seas or across geographically distinct regions; 
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1 ‘‘(4) experience advancing policies or developing 

2 expertise that enhance the United States’ competi3 tiveness with regard to critical and emerging tech4 nologies; 

5 ‘‘(5) willingness to participate in appropriate 

6 and relevant professional development opportunities 

7 offered by the Foreign Service Institute or other 

8 educational institutions associated with the Depart9 ment; 

10 ‘‘(6) willingness to enable and encourage subor11 dinates at various levels to avail themselves of ap12 propriate and relevant professional development op13 portunities offered by the Foreign Service Institute 

14 or other educational institutions associated with the 

15 Department;’’. 

16 SEC. 6202. HIRING AUTHORITIES. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the Department should possess hiring au20 thorities to enable recruitment of individuals rep21 resentative of the nation with special skills needed to 

22 address 21st century diplomacy challenges; and 

23 (2) the Secretary shall conduct a survey of hir24 ing authorities held by the Department to identify— 
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1 (A) hiring authorities already authorized 

2 by Congress; 

3 (B) others authorities granted through 

4 Presidential decree or executive order; and 

5 (C) any authorities needed to enable re6 cruitment of individuals with the special skills 

7 described in paragraph (1). 

8 (b) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary shall submit 

10 to the appropriate congressional committees, the Com11 mittee on Homeland Security and Governmental Affairs 

12 of the Senate, and the Committee on Homeland Security 

13 of the House of Representatives a report that includes a 

14 description of all existing hiring authorities and legislative 

15 proposals on any new needed authorities. 

16 (c) SPECIAL HIRING AUTHORITY.—For an initial pe17 riod of not more than 3 years after the date of the enact18 ment of this Act, the Secretary may appoint, without re19 gard to the provisions of sections 3309 through 3318 of 

20 title 5, United States Code, up to 80 candidates directly 

21 to positions in the competitive service at the Department, 

22 as defined in section 2102 of that title, in the following 

23 occupational series: 25 candidates under 1560 Data 

24 Science, 25 candidates under 2210 Information Tech-
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1 nology Management, and 30 candidates under 0201 

2 Human Resources Management. 

3 SEC. 6203. EXTENDING PATHS TO SERVICE FOR PAID STU4 DENT INTERNS. 

5 For up to 2 years following the end of a compensated 

6 internship at the Department, the Department may offer 

7 employment to up to 25 such interns and appoint them 

8 directly to positions in the competitive service, as defined 

9 in section 2102 of title 5, United States Code, without 

10 regard to the provisions of sections 3309 through 3318 

11 of such title. 

12 SEC. 6204. LATERAL ENTRY PROGRAM. 

13 (a) IN GENERAL.—Section 404 of the Department of 

14 State Authorities Act, Fiscal Year 2017 (Public Law 114– 

15 323; 130 Stat. 1928) is amended— 

16 (1) in subsection (b)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘3-year’’ and inserting ‘‘5-year’’; 

19 (B) in paragraph (5), by striking ‘‘; and’’; 

20 (C) in paragraph (6), by striking the pe21 riod at the end and inserting a semicolon; and 

22 (D) by adding at the end the following new 

23 paragraphs: 
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1 ‘‘(7) does not include the use of Foreign Serv2 ice-Limited or other noncareer Foreign Service hir3 ing authorities; and 

4 ‘‘(8) includes not fewer than 30 participants for 

5 each year of the pilot program.’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(e) CERTIFICATION.—If the Secretary does not com9 mence the lateral entry program within 180 days after the 

10 date of the enactment of this subsection, the Secretary 

11 shall submit a report to the appropriate congressional 

12 committees— 

13 ‘‘(1) certifying that progress is being made on 

14 implementation of the pilot program and describing 

15 such progress, including the date on which appli16 cants will be able to apply; 

17 ‘‘(2) estimating the date by which the pilot pro18 gram will be fully implemented; 

19 ‘‘(3) outlining how the Department will use the 

20 Lateral Entry Program to fill needed skill sets in 

21 key areas such as cyberspace, emerging technologies, 

22 economic statecraft, multilateral diplomacy, and 

23 data and other sciences.’’. 
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1 SEC. 6205. MID-CAREER MENTORING PROGRAM. 

2 (a) AUTHORIZATION.—The Secretary, in collabora3 tion with the Director of the Foreign Service Institute, 

4 is authorized to establish a Mid-Career Mentoring Pro5 gram (referred to in this section as the ‘‘Program’’) for 

6 employees who have demonstrated outstanding service and 

7 leadership. 

8 (b) SELECTION.— 

9 (1) NOMINATIONS.—The head of each bureau 

10 shall semiannually nominate participants for the 

11 Program from a pool of applicants in the positions 

12 described in paragraph (2)(B), including from posts 

13 both domestically and abroad. 

14 (2) SUBMISSION OF SLATE OF NOMINEES TO

15 SECRETARY.—The Director of the Foreign Service 

16 Institute, in consultation with the Director General 

17 of the Foreign Service, shall semiannually— 

18 (A) vet the nominees most recently nomi19 nated pursuant to paragraph (1); and 

20 (B) submit to the Secretary a slate of ap21 plicants to participate in the Program, who 

22 shall consist of at least— 

23 (i) 10 Foreign Service Officers and 

24 specialists classified at the FS–03 or FS– 

25 04 level of the Foreign Service Salary 

26 Schedule; 
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1 (ii) 10 Civil Service employees classi2 fied at GS–12 or GS–13 of the General 

3 Schedule; and 

4 (iii) 5 Foreign Service Officers from 

5 the United States Agency for International 

6 Development. 

7 (3) FINAL SELECTION.—The Secretary shall se8 lect the applicants who will be invited to participate 

9 in the Program from the slate received pursuant to 

10 paragraph (2)(B) and extend such an invitation to 

11 each selected applicant. 

12 (4) MERIT PRINCIPLES.—Section 105 of the 

13 Foreign Service Act of 1980 (22 U.S.C. 3905) shall 

14 apply to nominations, submissions to the Secretary, 

15 and selections for the Program under this section. 

16 (c) PROGRAM SESSIONS.— 

17 (1) FREQUENCY; DURATION.—All of the partici18 pants who accept invitations extended pursuant to 

19 subsection (b)(3) shall meet 3 to 4 times per year 

20 for training sessions with high-level leaders of the 

21 Department and USAID, including private group 

22 meetings with the Secretary and the Administrator 

23 of the United States Agency for International Devel24 opment. 
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1 (2) THEMES.—Each session referred to in para2 graph (1) shall focus on specific themes developed 

3 jointly by the Foreign Service Institute and the Ex4 ecutive Secretariat focused on substantive policy 

5 issues and leadership practices. 

6 (d) MENTORING PROGRAM.—The Secretary and the 

7 Administrator each is authorized to establish a mentoring 

8 and coaching program that pairs a senior leader of the 

9 Department or USAID with each of the program partici10 pants who complete the Program during the 1-year period 

11 immediately following their participation in the Program. 

12 (e) ANNUAL REPORT.—Not later than one year after 

13 the date of the enactment of this Act, and annually there14 after for three years, the Secretary shall submit a report 

15 to the appropriate congressional committees that describes 

16 the activities of the Program during the most recent year 

17 and includes disaggregated demographic data on partici18 pants in the Program. 

19 SEC. 6206. REPORT ON THE FOREIGN SERVICE INSTITUTE’S 

20 LANGUAGE PROGRAM. 

21 Not later than 60 days after the date of the enact22 ment of this Act, the Secretary shall submit a report to 

23 the appropriate congressional committees that includes— 

24 (1) the average pass and fail rates for language 

25 programs at the Foreign Service Institute 
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1 disaggregated by language during the 5-year period 

2 immediately preceding the date of the enactment of 

3 this Act; 

4 (2) the number of language instructors at the 

5 Foreign Service Institute, and a comparison of the 

6 instructor/student ratio in the language programs at 

7 the Foreign Service Institute disaggregated by lan8 guage; 

9 (3) salaries for language instructors 

10 disaggregated by language, and a comparison to sal11 aries for instructors teaching languages in com12 parable employment; 

13 (4) recruitment and retention plans for lan14 guage instructors, disaggregated by language where 

15 necessary and practicable; and 

16 (5) any plans to increase pass rates for lan17 guages with high failure rates. 

18 SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS 

19 AS CHIEFS OF MISSIONS. 

20 Section 304(b) of the Foreign Service Act of 1980 

21 (22 U.S.C. 3944) is amended— 

22 (1) by redesignating paragraph (2) as para23 graph (3); and 

24 (2) by inserting after paragraph (1) the fol25 lowing new paragraph: 
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1 ‘‘(2) The Secretary shall also furnish to the Presi2 dent, on an annual basis and to assist the President in 

3 selecting qualified candidates for appointments or assign4 ments as chief of mission, the names of between 5 and 

5 10 career civil servants serving at the Department of State 

6 or the United States Agency for International Develop7 ment who are qualified to serve as chiefs of mission, to8 gether with pertinent information about such individ9 uals.’’. 

10 SEC. 6208. CIVIL SERVICE ROTATIONAL PROGRAM. 

11 (a) ESTABLISHMENT OF PILOT ROTATIONAL PRO12 GRAM FOR CIVIL SERVICE.—Not later than 180 days after 

13 the date of the enactment of this Act, the Secretary shall 

14 establish a program to provide qualified civil servants serv15 ing at the Department an opportunity to serve at a United 

16 States embassy, including identifying criteria and an ap17 plication process for such program. 

18 (b) PROGRAM.—The program established under this 

19 section shall— 

20 (1) provide at least 20 career civil servants the 

21 opportunity to serve for 2 to 3 years at a United 

22 States embassy to gain additional skills and experi23 ence; 
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1 (2) offer such civil servants the opportunity to 

2 serve in a political or economic section at a United 

3 States embassy; and 

4 (3) include clear and transparent criteria for 

5 eligibility and selection, which shall include a min6 imum of 5 years of service at the Department. 

7 (c) SUBSEQUENT POSITION AND PROMOTION.—Fol8 lowing a rotation at a United States embassy pursuant 

9 to the program established by this section, participants in 

10 the program must be afforded, at minimum, a position 

11 equivalent in seniority, compensation, and responsibility to 

12 the position occupied prior serving in the program. Suc13 cessful completion of a rotation at a United States em14 bassy shall be considered favorably with regard to applica15 tions for promotion in civil service jobs at the Department. 

16 (d) IMPLEMENTATION.—Not later than 2 years after 

17 the date of the enactment of this Act, the Secretary shall 

18 identify not less than 20 positions in United States embas19 sies for the program established under this section and 

20 offered at least 20 civil servants the opportunity to serve 

21 in a rotation at a United States embassy pursuant to this 

22 section. 
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1 SEC. 6209. REPORTING REQUIREMENT ON CHIEFS OF MIS2 SION. 

3 Not later than 30 days following the end of each cal4 endar quarter, the Secretary shall submit to the appro5 priate congressional committees— 

6 (1) a list of every chief of mission or United 

7 States representative overseas with the rank of Am8 bassador who, during the prior quarter, was outside 

9 a country of assignment for more than 14 cumu10 lative days for purposes other than official travel or 

11 temporary duty orders; and 

12 (2) the number of days each such chief of mis13 sion or United States representative overseas with 

14 the rank of Ambassador was outside a country of as15 signment during the previous quarter for purposes 

16 other than official travel or temporary duty orders. 

17 SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY 

18 CHIEFS OF MISSION. 

19 Not later than April 1, 2024, and annually thereafter 

20 for the next 4 years, the Secretary shall submit to the 

21 appropriate congressional committees a report that in22 cludes— 

23 (1) the Foreign Service cone of each current 

24 chief of mission and deputy chief of mission (or who25 ever is acting in the capacity of chief or deputy chief 

26 if neither is present) for each United States embassy 
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1 at which there is a Foreign Service office filling ei2 ther of those positions; and 

3 (2) aggregated data for all chiefs of mission 

4 and deputy chiefs of mission described in paragraph 

5 (1), disaggregated by cone. 

6 SEC. 6211. PROTECTION OF RETIREMENT ANNUITY FOR RE7 EMPLOYMENT BY DEPARTMENT. 

8 (a) NO TERMINATION OR REDUCTION OF RETIRE9 MENT ANNUITY OR PAY FOR REEMPLOYMENT.—Notwith10 standing section 824 of the Foreign Service Act of 1980 

11 (22 U.S.C. 4064), if a covered annuitant becomes em12 ployed by the Department— 

13 (1) the payment of any retirement annuity, re14 tired pay, or retainer pay otherwise payable to the 

15 covered annuitant shall not terminate; and 

16 (2) the amount of the retirement annuity, re17 tired pay, or retainer pay otherwise payable to the 

18 covered annuitant shall not be reduced. 

19 (b) COVERED ANNUITANT DEFINED.—In this sec20 tion, the term ‘‘covered annuitant’’ means any individual 

21 who is receiving a retirement annuity under— 

22 (1) the Foreign Service Retirement and Dis23 ability System under subchapter I of chapter 8 of 

24 title I of the Foreign Service Act of 1980 (22 U.S.C. 

25 4041 et seq.); or 
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1 (2) the Foreign Service Pension System under 

2 subchapter II of such chapter (22 U.S.C. 4071 et 

3 seq.). 

4 SEC. 6212. EFFORTS TO IMPROVE RETENTION AND PRE5 VENT RETALIATION. 

6 (a) STREAMLINED REPORTING.—Not later than one 

7 year after the date of the enactment of this Act, the Sec8 retary shall establish a single point of initial reporting for 

9 allegations of discrimination, bullying, and harassment 

10 that provides an initial review of the allegations and, if 

11 necessary, the ability to file multiple claims based on a 

12 single complaint. 

13 (b) CLIMATE SURVEYS OF EMPLOYEES OF THE DE14 PARTMENT.— 

15 (1) REQUIRED BIENNIAL SURVEYS.—Not later 

16 than 180 days after the date of the enactment of 

17 this Act and every 2 years thereafter, the Secretary 

18 shall conduct a Department-wide survey of all De19 partment personnel regarding harassment, discrimi20 nation, bullying, and related retaliation that includes 

21 workforce perspectives on the accessibility and effec22 tiveness of the Bureau of Global Talent Management 

23 and Office of Civil Rights in the efforts and proc24 esses to address these issues. 

25 (2) REQUIRED ANNUAL SURVEYS.— 
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1 (A) IN GENERAL.—Not later than 180 

2 days after the date of the enactment of this 

3 Act, and annually thereafter, the Secretary 

4 shall conduct an annual employee satisfaction 

5 survey to assess the level of job satisfaction, 

6 work environment, and overall employee experi7 ence within the Department. 

8 (B) OPEN-ENDED RESPONSES.—The sur9 vey required under subparagraph (A) shall in10 clude options for open-ended responses. 

11 (C) SURVEY QUESTIONS.—The survey 

12 shall include questions regarding— 

13 (i) work-life balance; 

14 (ii) compensation and benefits; 

15 (iii) career development opportunities; 

16 (iv) the performance evaluation and 

17 promotion process, including fairness and 

18 transparency; 

19 (v) communication channels and effec20 tiveness; 

21 (vi) leadership and management; 

22 (vii) organizational culture; 

23 (viii) awareness and effectiveness of 

24 complaint measures; 

25 (ix) accessibility and accommodations; 
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1 (x) availability of transportation to 

2 and from a work station; 

3 (xi) information technology infrastruc4 ture functionality and accessibility; 

5 (xii) the employee’s understanding of 

6 the Department’s structure, mission, and 

7 goals; 

8 (xiii) alignment and relevance of work 

9 to the Department’s mission; and 

10 (xiv) sense of empowerment to affect 

11 positive change. 

12 (3) REQUIRED EXIT SURVEYS.— 

13 (A) IN GENERAL.—Not later than 180 

14 days after the date of the enactment of this 

15 Act, the Secretary shall develop and implement 

16 a standardized, confidential exit survey process 

17 that includes anonymous feedback and exit 

18 interviews with employees who voluntarily sepa19 rate from the Department, whether through 

20 resignation, retirement, or other means. 

21 (B) SCOPE.—The exit surveys conducted 

22 pursuant to subparagraph (A)shall— 

23 (i) be designed to gather insights and 

24 feedback from departing employees regard25 ing— 
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1 (I) their reasons for leaving, in2 cluding caretaking responsibilities, ca3 reer limitations for partner or spouse, 

4 and discrimination, harassment, bul5 lying, or retaliation; 

6 (II) their overall experience with 

7 the Department; and 

8 (III) any suggestions for im9 provement; and 

10 (ii) include questions related to— 

11 (I) the employee’s reasons for 

12 leaving; 

13 (II) job satisfaction; 

14 (III) work environment; 

15 (IV) professional growth opportu16 nities; 

17 (V) leadership effectiveness; 

18 (VI) suggestions for enhancing 

19 the Department’s performance; and 

20 (VII) if applicable, the name and 

21 industry of the employee’s future em22 ployer. 

23 (C) COMPILATION OF RESULTS.—The Sec24 retary shall compile and analyze the 

25 anonymized exit survey data collected pursuant 
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1 to this paragraph to identify trends, common 

2 themes, and areas needing improvement within 

3 the Department. 

4 (4) PILOT SURVEYS.—Not later than 180 days 

5 after the date of the enactment of this Act, the Sec6 retary shall conduct a Department-wide survey for 

7 Locally Employed Staff regarding retention, train8 ing, promotion, and other matters, including harass9 ment, discrimination, bullying, and related retalia10 tion, that includes workforce perspectives on the ac11 cessibility and effectiveness of complaint measures. 

12 (5) REPORT.—Not later than 60 days after the 

13 conclusion of each survey conducted pursuant to this 

14 subsection, the Secretary shall make the key find15 ings available to the Department workforce and shall 

16 submit them to the appropriate congressional com17 mittees. 

18 (c) RETALIATION PREVENTION EFFORTS.— 

19 (1) EMPLOYEE EVALUATION.— 

20 (A) IN GENERAL.—If there is a pending 

21 investigation of discrimination, bullying, or har22 assment against a superior who is responsible 

23 for rating or reviewing the complainant em24 ployee, the complainant shall be reviewed by the 

25 superior’s supervisor. 
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1 (B) EFFECTIVE DATE.—This paragraph 

2 shall take effect 90 days after the date of the 

3 enactment of this Act. 

4 (2) RETALIATION PREVENTION GUIDANCE.— 

5 Any Department employee against whom an allega6 tion of discrimination, bullying, or harassment has 

7 been made shall receive written guidance (a ‘‘retalia8 tion hold’’) on the types of actions that can be con9 sidered retaliation against the complainant em10 ployee. The employee’s immediate supervisor shall 

11 also receive the retaliation hold guidance. 

12 SEC. 6213. NATIONAL ADVERTISING CAMPAIGN. 

13 Not later than 270 days after the date of the enact14 ment of this Act, the Secretary shall submit a strategy 

15 to the appropriate congressional committees that assesses 

16 the potential benefits and costs of a national advertising 

17 campaign to improve the recruitment in the Civil Service 

18 and the Foreign Service by raising public awareness of 

19 the important accomplishments of the Department. 

20 SEC. 6214. EXPANSION OF DIPLOMATS IN RESIDENCE PRO21 GRAMS. 

22 Not later than two years after the date of the enact23 ment of this Act— 
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1 (1) the Secretary is authorized to increase the 

2 number of diplomats in the Diplomats in Residence 

3 Program from 17 to at least 20; and 

4 (2) the Administrator of the United States 

5 Agency for International Development is authorized 

6 to increase the number of development diplomats in 

7 the Diplomats in Residence Program from 1 to at 

8 least 3. 

9 Subtitle B—Pay, Benefits, and 

10 Workforce Matters 

11 SEC. 6221. EDUCATION ALLOWANCE. 

12 (a) IN GENERAL.—Chapter 9 of title I of the Foreign 

13 Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended 

14 by adding at the end the following new section: 

15 ‘‘SEC. 908. EDUCATION ALLOWANCE. 

16 ‘‘A Department employee who is on leave to perform 

17 service in the uniformed services (as defined in section 

18 4303(13) of title 38, United States Code) may receive an 

19 education allowance if the employee would, if not for such 

20 service, be eligible to receive the education allowance.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in section 2 of the Foreign Service Act of 1980 (22 U.S.C. 

23 3901 note) is amended by inserting after the item relating 

24 to section 907 the following: 

‘‘Sec. 908. Education allowance’’. 
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1 SEC. 6222. PER DIEM ALLOWANCE FOR NEWLY HIRED MEM2 BERS OF THE FOREIGN SERVICE. 

3 (a) PER DIEM ALLOWANCE.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), any newly hired Foreign Service employee 

6 who is in initial orientation training, or any other 

7 training expected to last less than 6 months before 

8 transferring to the employee’s first assignment, in 

9 the Washington, D.C., area shall, for the duration of 

10 such training, receive a per diem allowance at the 

11 levels prescribed under subchapter I of chapter 57 of 

12 title 5, United States Code. 

13 (2) LIMITATION ON LODGING EXPENSES.—A 

14 newly hired Foreign Service employee may not re15 ceive any lodging expenses under the applicable per 

16 diem allowance pursuant to paragraph (1) if that 

17 employee— 

18 (A) has a permanent residence in the 

19 Washington, D.C., area (not including Govern20 ment-supplied housing during such orientation 

21 training or other training); and 

22 (B) does not vacate such residence during 

23 such orientation training or other training. 

24 (b) DEFINITIONS.—In this section— 
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1 (1) the term ‘‘per diem allowance’’ has the 

2 meaning given that term under section 5701 of title 

3 5, United States Code; and 

4 (2) the term ‘‘Washington, D.C., area’’ means 

5 the geographic area within a 50 mile radius of the 

6 Washington Monument. 

7 SEC. 6223. IMPROVING MENTAL HEALTH SERVICES FOR 

8 FOREIGN AND CIVIL SERVANTS. 

9 (a) ADDITIONAL PERSONNEL TO ADDRESS MENTAL

10 HEALTH.— 

11 (1) IN GENERAL.—The Secretary shall seek to 

12 increase the number of personnel within the Bureau 

13 of Medical Services to address mental health needs 

14 for both foreign and civil servants. 

15 (2) EMPLOYMENT TARGETS.—Not later than 

16 180 days after the date of the enactment of this Act, 

17 the Secretary shall seek to employ not fewer than 15 

18 additional personnel in the Bureau of Medical Serv19 ices, compared to the number of personnel employed 

20 as of the date of the enactment of this Act. 

21 (b) STUDY.—The Secretary shall conduct a study on 

22 the accessibility of mental health care providers and serv23 ices available to Department personnel, including an as24 sessment of— 
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1 (1) the accessibility of mental health care pro2 viders at diplomatic posts and in the United States; 

3 (2) the accessibility of inpatient services for 

4 mental health care for Department personnel; 

5 (3) steps that may be taken to improve such ac6 cessibility; 

7 (4) the impact of the COVID–19 pandemic on 

8 the mental health of Department personnel, particu9 larly those who served abroad between March 1, 

10 2020, and December 31, 2022, and Locally Em11 ployed Staff, where information is available; 

12 (5) recommended steps to improve the manner 

13 in which the Department advertises mental health 

14 services to the workforce; and 

15 (6) additional authorities and resources needed 

16 to better meet the mental health needs of Depart17 ment personnel. 

18 (c) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the Secretary shall submit 

20 to appropriate congressional committees a report con21 taining the findings of the study under subsection (b). 

22 SEC. 6224. EMERGENCY BACK-UP CARE. 

23 (a) IN GENERAL.—The Secretary and the Adminis24 trator for the United States Agency for International De25 velopment are authorized to provide for unanticipated 
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1 non-medical care, including childcare, eldercare, and es2 sential services directly related to caring for an acute in3 jury or illness, for USAID and Department employees and 

4 their family members, including through the provision of 

5 such non-medical services, referrals to care providers, and 

6 reimbursement of reasonable expenses for such services. 

7 (b) LIMITATION.—Services provided pursuant to this 

8 section shall not exceed $2,000,000 per fiscal year. 

9 SEC. 6225. AUTHORITY TO PROVIDE SERVICES TO NON10 CHIEF OF MISSION PERSONNEL. 

11 Section 904 of the Foreign Service Act of 1980 (22 

12 U.S.C. 4084) is amended— 

13 (1) in subsection (g), by striking ‘‘abroad for 

14 employees and eligible family members’’ and insert15 ing ‘‘under this section’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(a) PHYSICAL AND MENTAL HEALTH CARE SERV19 ICES IN SPECIAL CIRCUMSTANCES.— 

20 ‘‘(1) IN GENERAL.—The Secretary is authorized 

21 to direct health care providers employed under sub22 section (c) of this section to furnish physical and 

23 mental health care services to an individual other24 wise ineligible for services under this section if nec25 essary to preserve life or limb or if intended to facili-
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1 tate an overseas evacuation, recovery, or return. 

2 Such services may be provided incidental to the fol3 lowing activities: 

4 ‘‘(A) Activities undertaken abroad pursu5 ant to section 3 and section 4 of the State De6 partment Basic Authorities Act of 1956 (22 

7 U.S.C. 2670, 2671). 

8 ‘‘(B) Recovery of hostages or of wrongfully 

9 or unlawfully detained individuals abroad, in10 cluding pursuant to section 302 of the Robert 

11 Levinson Hostage Recovery and Hostage-Tak12 ing Accountability Act (22 U.S.C. 1741). 

13 ‘‘(C) Secretarial dispatches to international 

14 disaster sites deployed pursuant to section 207 

15 of the Aviation Security Improvement Act of 

16 1990 (22 U.S.C. 5506). 

17 ‘‘(D) Deployments undertaken pursuant to 

18 section 606(a)(6)(A)(iii) of the Secure Embassy 

19 Construction and Counterterrorism Act of 1999 

20 (22 U.S.C. 4865(a)(6)(A)(iii)). 

21 ‘‘(2) PRIORITIZATION OF OTHER FUNCTIONS.— 

22 The Secretary shall prioritize the allocation of De23 partment resources to the health care program de24 scribed in subsections (a) through (g) above the 

25 functions described in paragraph (1). 
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1 ‘‘(3) REGULATIONS.—The Secretary should 

2 prescribe applicable regulations to implement this 

3 section, taking into account the prioritization in 

4 paragraph (2) and the activities described in para5 graph (1). 

6 ‘‘(4) REIMBURSABLE BASIS.—Services rendered 

7 under this subsection shall be provided on a reim8 bursable basis to the extent practicable.’’. 

9 SEC. 6226. EXCEPTION FOR GOVERNMENT-FINANCED AIR 

10 TRANSPORTATION. 

11 (a) REDUCING HARDSHIP FOR TRANSPORTATION OF

12 DOMESTIC ANIMALS.— 

13 (1) IN GENERAL.—Notwithstanding subsections 

14 (a) and (c) of section 40118 of title 49, United 

15 States Code, the Department is authorized to pay 

16 for the transportation by a foreign air carrier of De17 partment personnel and any in-cabin or accom18 panying checked baggage or cargo if— 

19 (A) no air carrier holding a certificate 

20 under section 41102 of such title is willing and 

21 able to transport up to 3 domestic animals ac22 companying such Federal personnel; and 

23 (B) the transportation is from a place— 

24 (i) outside the United States to a 

25 place in the United States; 
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1 (ii) in the United States to a place 

2 outside the United States; or 

3 (iii) outside the United States to an4 other place outside the United States. 

5 (2) LIMITATION.—An amount paid pursuant to 

6 paragraph (1) for transportation by a foreign carrier 

7 may not be greater than the amount that would oth8 erwise have been paid had the transportation been 

9 on an air carrier holding a certificate under section 

10 41102 had that carrier been willing and able to pro11 vide such transportation. If the amount that would 

12 otherwise have been paid to such an air carrier is 

13 less than the cost of transportation on the applicable 

14 foreign carrier, the Department personnel may pay 

15 the difference of such amount. 

16 (3) DOMESTIC ANIMAL DEFINED.—In this sub17 section, the term ‘‘domestic animal’’ means a dog or 

18 a cat. 

19 SEC. 6227. ENHANCED AUTHORITIES TO PROTECT LOCALLY 

20 EMPLOYED STAFF DURING EMERGENCIES. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) locally employed staff provide essential con24 tributions at United States diplomatic and consular 

25 posts around the world, including by providing— 
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1 (A) security to United States government 

2 personnel serving in the country; 

3 (B) advice, expertise, and other services for 

4 the promotion of political, economic, public af5 fairs, commercial, security, and other interests 

6 of critical importance to the United States; 

7 (C) a wide range of logistical and adminis8 trative support to every office in each mission 

9 working to advance United States interests 

10 around the world, including services and sup11 port vital to the upkeep and maintenance of 

12 United States missions; 

13 (D) consular services to support the wel14 fare and well-being of United States citizens 

15 and to provide for the expeditious processing of 

16 visa applications; 

17 (E) institutional memory on a wide range 

18 of embassy engagements on bilateral issues; and 

19 (F) enduring connections to host country 

20 contacts, both inside and outside the host gov21 ernment, including within media, civil society, 

22 the business community, academia, the armed 

23 forces, and elsewhere; and 

24 (2) locally employed staff make important con25 tributions that should warrant the United States 
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1 Government to give due consideration for their secu2 rity and safety when diplomatic missions face emer3 gency situations. 

4 (b) AUTHORIZATION TO PROVIDE EMERGENCY SUP5 PORT.—In emergency situations, in addition to other au6 thorities that may be available in emergencies or other exi7 gent circumstances, the Secretary is authorized to use 

8 funds made available to the Department to provide sup9 port to ensure the safety and security of locally employed 

10 staff and their immediate family members, including for— 

11 (1) providing transport or relocating locally em12 ployed staff and their immediate family members to 

13 a safe and secure environment; 

14 (2) providing short-term housing or lodging for 

15 up to six months for locally employed staff and their 

16 immediate family members; 

17 (3) procuring or providing other essential items 

18 and services to support the safety and security of lo19 cally employed staff and their immediate family 

20 members. 

21 (c) TEMPORARY HOUSING.—To ensure the safety 

22 and security of locally employed staff and their immediate 

23 family members consistent with this section, Chiefs of Mis24 sions are authorized to allow locally employed staff and 

25 their immediate family members to reside temporarily in 
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1 the residences of United States direct hire employees, ei2 ther in the host country or other countries, provided that 

3 such stays are offered voluntarily by United States direct 

4 hire employees. 

5 (d) FOREIGN AFFAIRS MANUAL.—Not later than 180 

6 days after the date of the enactment of this Act, the Sec7 retary shall amend the Foreign Affairs Manual to reflect 

8 the authorizations and requirements of this section. 

9 (e) EMERGENCY SITUATION DEFINED.—In this sec10 tion, the term ‘‘emergency situation’’ means armed con11 flict, civil unrest, natural disaster, or other types of insta12 bility that pose a threat to the safety and security of lo13 cally employed staff, particularly when and if a United 

14 States diplomatic or consular post must suspend oper15 ations. 

16 (f) REPORT.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary shall submit to the appropriate congressional 

20 committees, the Committee on Appropriations of the 

21 Senate, and the Committee on Appropriations of the 

22 House of Representatives a report describing prior 

23 actions the Department has taken with regard to lo24 cally employed staff and their immediate family 

25 members following suspensions or closures of United 
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1 States diplomatic posts over the prior 10 years, in2 cluding Kyiv, Kabul, Minsk, Khartoum, and Juba. 

3 (2) ELEMENTS.—The report required under 

4 paragraph (1) shall— 

5 (A) describe any actions the Department 

6 took to assist locally employed staff and their 

7 immediate family members; 

8 (B) identify any obstacles that made pro9 viding support or assistance to locally employed 

10 staff and their immediate family members dif11 ficult; 

12 (C) examine lessons learned and propose 

13 recommendations to better protect the safety 

14 and security of locally employed staff and their 

15 family members, including any additional au16 thorities that may be required; and 

17 (D) provide an analysis of and offer rec18 ommendations on any other steps that could 

19 improve efforts to protect the safety and secu20 rity of locally employed staff and their imme21 diate family members. 

22 SEC. 6228. INTERNET AT HARDSHIP POSTS. 

23 Section 3 of the State Department Basic Authorities 

24 Act of 1956 (22 U.S.C. 2670) is amended— 
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1 (1) in subsection (l), by striking ‘‘; and’’ and in2 serting a semicolon; 

3 (2) in subsection (m) by striking the period at 

4 the end and by inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new sub6 section: 

7 ‘‘(n) pay expenses to provide internet services in resi8 dences owned or leased by the United States Government 

9 in foreign countries for the use of Department personnel 

10 where Department personnel receive a post hardship dif11 ferential equivalent to 30 percent or more above basic 

12 compensation.’’. 

13 SEC. 6229. COMPETITIVE LOCAL COMPENSATION PLAN. 

14 (a) ESTABLISHMENT AND IMPLEMENTATION OF

15 PREVAILING WAGE RATES GOAL.—Section 401(a) of the 

16 Department of State Authorities Act, fiscal year 2017 (22 

17 U.S.C. 3968a(a)) is amended in the matter preceding 

18 paragraph (1), by striking ‘‘periodically’’ and inserting 

19 ‘‘every 3 years’’. 

20 (b) REPORT.—Not later than one year after the date 

21 of the enactment of this Act, the Secretary shall submit 

22 to the appropriate congressional committees, the Com23 mittee on Appropriations of the Senate, and the Com24 mittee on Appropriations of the House of Representatives 

25 a report that includes— 
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1 (1) compensation (including position classifica2 tion) plans for locally employed staff based upon 

3 prevailing wage rates and compensation practices for 

4 corresponding types of positions in the locality of 

5 employment; and 

6 (2) an assessment of the feasibility and impact 

7 of changing the prevailing wage rate goal for posi8 tions in the local compensation plan from the 50th 

9 percentile to the 75th percentile. 

10 SEC. 6230. SUPPORTING TANDEM COUPLES IN THE FOR11 EIGN SERVICE. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) challenges finding and maintaining spousal 

15 employment and family dissatisfaction are one of the 

16 leading reasons employees cite for leaving the De17 partment; 

18 (2) tandem Foreign Service personnel represent 

19 important members of the Foreign Service commu20 nity, who act as force multipliers for our diplomacy; 

21 (3) the Department can and should do more to 

22 keep tandem couples posted together and consider 

23 family member employment needs when assigning 

24 tandem officers; and 
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1 (4) common sense steps providing more flexi2 bility in the assignments process would improve out3 comes for tandem officers without disadvantaging 

4 other Foreign Service officers. 

5 (b) DEFINITIONS.—In this section: 

6 (1) FAMILY TOGETHERNESS.—The term ‘‘fam7 ily togetherness’’ means facilitating the placement of 

8 Foreign Service personnel at the same United States 

9 diplomatic post when both spouses are members of 

10 a tandem couple of Foreign Service personnel. 

11 (2) TANDEM FOREIGN SERVICE PERSONNEL; 

12 TANDEM.—The terms ‘‘tandem Foreign Service per13 sonnel’’ and ‘‘tandem’’ mean a member of a couple 

14 of which one spouse is a career or career candidate 

15 employee of the Foreign Service and the other 

16 spouse is a career or career candidate employee of 

17 the Foreign Service or an employee of one of the 

18 agencies authorized to use the Foreign Service Per19 sonnel System under section 202 of the Foreign 

20 Service Act of 1980 (22 U.S.C. 3922). 

21 (c) FAMILY TOGETHERNESS IN ASSIGNMENTS.—Not 

22 later than 90 days after the date of enactment of this Act, 

23 the Department shall amend and update its policies to fur24 ther promote the principle of family togetherness in the 

25 Foreign Service, which shall include the following: 
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1 (1) ENTRY-LEVEL FOREIGN SERVICE PER2 SONNEL.—The Secretary shall adopt policies and 

3 procedures to facilitate the assignment of entry-level 

4 tandem Foreign Service personnel on directed as5 signments to the same diplomatic post or country as 

6 their tandem spouse if they request to be assigned 

7 to the same post or country. The Secretary shall 

8 also provide a written justification to the requesting 

9 personnel explaining any denial of a request that 

10 would result in a tandem couple not serving together 

11 at the same post or country. 

12 (2) TENURED FOREIGN SERVICE PERSONNEL.— 

13 The Secretary shall add family togetherness to the 

14 criteria when making a needs of the Service deter15 mination, as defined by the Foreign Affairs Manual, 

16 for the placement of tenured tandem Foreign Service 

17 personnel at United States diplomatic posts. 

18 (3) UPDATES TO ANTINEPOTISM POLICY.—The 

19 Secretary shall update antinepotism policies so that 

20 nepotism rules only apply when an employee and a 

21 relative are placed into positions wherein they jointly 

22 and exclusively control government resources, prop23 erty, or money or establish government policy. 

24 (4) TEMPORARY SUPERVISION OF TANDEM

25 SPOUSE.—The Secretary shall update policies to 
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1 allow for a tandem spouse to temporarily supervise 

2 another tandem spouse for up to 90 days in a cal3 endar year, including at a United States diplomatic 

4 mission. 

5 (d) REPORT.—Not later than 90 days after the date 

6 of enactment of this Act, and annually thereafter for two 

7 years, the Secretary shall submit to the appropriate con8 gressional committees a report that includes— 

9 (1) the number of Foreign Service tandem cou10 ples currently serving; 

11 (2) the number of Foreign Service tandems cur12 rently serving in separate locations, or, to the extent 

13 possible, are on leave without pay (LWOP); and 

14 (3) an estimate of the cost savings that would 

15 result if all Foreign Service tandem couples were 

16 placed at a single post. 

17 SEC. 6231. ACCESSIBILITY AT DIPLOMATIC MISSIONS. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Department shall submit to the ap20 propriate congressional committees, the Committee on Ap21 propriations of the Senate, and the Committee on Appro22 priations of the House of Representatives a report that 

23 includes— 

24 (1) a list of the overseas United States diplo25 matic missions that, as of the date of the enactment 
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1 of this Act, are not readily accessible to and usable 

2 by individuals with disabilities; 

3 (2) any efforts in progress to make such mis4 sions readily accessible to and usable by individuals 

5 with disabilities; and 

6 (3) an estimate of the cost to make all such 

7 missions readily accessible to and usable by individ8 uals with disabilities. 

9 SEC. 6232. REPORT ON BREASTFEEDING ACCOMMODA10 TIONS OVERSEAS. 

11 Not later than 180 days after the date of the enact12 ment of this Act, the Secretary shall submit to the appro13 priate congressional committees a report that includes— 

14 (1) a detailed report on the Department’s ef15 forts to equip 100 percent of United States embas16 sies and consulates with dedicated lactation spaces, 

17 other than bathrooms, that are shielded from view 

18 and free from intrusion from coworkers and the pub19 lic for use by employees, including the expected de20 mand for such space as well as the status of such 

21 rooms when there is no demand for such space; and 

22 (2) a description of costs and other resources 

23 needed to provide such spaces. 
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1 SEC. 6233. DETERMINING THE EFFECTIVENESS OF KNOWL2 EDGE TRANSFERS BETWEEN FOREIGN SERV3 ICE OFFICERS. 

4 The Secretary shall assess the effectiveness of knowl5 edge transfers between Foreign Service officers who are 

6 departing from overseas positions and Foreign Service Of7 ficers who are arriving at such positions, and make rec8 ommendations for approving such knowledge transfers, as 

9 appropriate, by— 

10 (1) not later than 90 days after the date of the 

11 enactment of this Act, conducting a written survey 

12 of a representative sample of Foreign Service Offi13 cers working in overseas assignments that analyzes 

14 the effectiveness of existing mechanisms to facilitate 

15 transitions, including training, mentorship, informa16 tion technology, knowledge management, relation17 ship building, the role of locally employed staff, and 

18 organizational culture; and 

19 (2) not later than 120 days after the date of 

20 the enactment of this Act, submitting to the Com21 mittee on Foreign Relations of the Senate and the 

22 Committee on Foreign Affairs of the House of Rep23 resentatives a report that includes a summary and 

24 analysis of results of the survey conducted pursuant 

25 to paragraph (1) that— 
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1 (A) identifies best practices and areas for 

2 improvement; 

3 (B) describes the Department’s method4 ology for determining which Foreign Service Of5 ficers should receive familiarization trips before 

6 arriving at a new post; 

7 (C) includes recommendations regarding 

8 future actions the Department should take to 

9 maximize effective knowledge transfer between 

10 Foreign Service Officers; 

11 (D) identifies any steps taken, or intended 

12 to be taken, to implement such recommenda13 tions, including any additional resources or au14 thorities necessary to implement such rec15 ommendations; and 

16 (E) provides recommendations to Congress 

17 for legislative action to advance the priority de18 scribed in subparagraph (C). 

19 SEC. 6234. EDUCATION ALLOWANCE FOR DEPENDENTS OF 

20 DEPARTMENT OF STATE EMPLOYEES LO21 CATED IN UNITED STATES TERRITORIES. 

22 (a) IN GENERAL.—An individual employed by the 

23 Department at a location described in subsection (b) shall 

24 be eligible for a cost-of-living allowance for the education 

25 of the dependents of such employee in an amount that 
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1 does not exceed the educational allowance authorized by 

2 the Secretary of Defense for such location. 

3 (b) LOCATION DESCRIBED.—A location is described 

4 in this subsection if— 

5 (1) such location is in a territory of the United 

6 States; and 

7 (2) the Secretary of Defense has determined 

8 that schools available in such location are unable to 

9 adequately provide for the education of— 

10 (A) dependents of members of the Armed 

11 Forces; or 

12 (B) dependents of employees of the De13 partment of Defense. 

14 TITLE LXIII—INFORMATION SE15 CURITY AND CYBER DIPLO16 MACY 

17 SEC. 6301. DATA-INFORMED DIPLOMACY. 

18 (a) FINDINGS.—Congress makes the following find19 ings: 

20 (1) In a rapidly evolving and digitally inter21 connected global landscape, access to and mainte22 nance of reliable, readily available data is key to in23 formed decisionmaking and diplomacy and therefore 

24 should be considered a strategic asset. 
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1 (2) In order to achieve its mission in the 21st 

2 century, the Department must adapt to these trends 

3 by maintaining and providing timely access to high4 quality data at the time and place needed, while si5 multaneously cultivating a data-savvy workforce. 

6 (3) Leveraging data science and data analytics 

7 has the potential to improve the performance of the 

8 Department’s workforce by providing otherwise un9 known insights into program deficiencies, short10 comings, or other gaps in analysis. 

11 (4) While innovative technologies such as artifi12 cial intelligence and machine learning have the po13 tential to empower the Department to analyze and 

14 act upon data at scale, systematized, sustainable 

15 data management and information synthesis remain 

16 a core competency necessary for data-driven deci17 sionmaking. 

18 (5) The goals set out by the Department’s En19 terprise Data Council (EDC) as the areas of most 

20 critical need for the Department, including Culti21 vating a Data Culture, Accelerating Decisions 

22 through Analytics, Establishing Mission-Driven Data 

23 Management, and Enhancing Enterprise Data Gov24 ernance, are laudable and will remain critical as the 

25 Department develops into a data-driven agency. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) the Department should prioritize the re4 cruitment and retainment of top data science talent 

5 in support of its data-informed diplomacy efforts as 

6 well as its broader modernization agenda; and 

7 (2) the Department should strengthen data flu8 ency among its workforce, promote data collabora9 tion across and within its bureaus, and enhance its 

10 enterprise data oversight. 

11 SEC. 6302. ESTABLISHMENT AND EXPANSION OF THE BU12 REAU CHIEF DATA OFFICER PROGRAM. 

13 (a) BUREAU CHIEF DATA OFFICER PROGRAM.— 

14 (1) ESTABLISHMENT.—The Secretary shall es15 tablish a program, which shall be known as the ‘‘Bu16 reau Chief Data Officer Program’’ (referred to in 

17 this section as the ‘‘Program’’), overseen by the De18 partment’s Chief Data Officer. The Bureau Chief 

19 Data Officers hired under this program shall report 

20 to their respective Bureau leadership. 

21 (2) GOALS.—The goals of the Program shall in22 clude the following: 

23 (A) Cultivating a data culture by pro24 moting data fluency and data collaboration 

25 across the Department. 
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1 (B) Promoting increased data analytics use 

2 in critical decisionmaking areas. 

3 (C) Promoting data integration and stand4 ardization. 

5 (D) Increasing efficiencies across the De6 partment by incentivizing acquisition of enter7 prise data solutions and subscription data serv8 ices to be shared across bureaus and offices and 

9 within bureaus. 

10 (b) IMPLEMENTATION PLAN.—Not later than 180 

11 days after the date of the enactment of this Act, the Sec12 retary shall submit to the appropriate congressional com13 mittees, the Committee on Appropriations of the Senate, 

14 and the Committee on Appropriations of the House of 

15 Representatives an implementation plan that outlines 

16 strategies for— 

17 (1) advancing the goals described in subsection 

18 (a)(2); 

19 (2) hiring Bureau Chief Data Officers at the 

20 GS–14 or GS–15 grade or a similar rank; 

21 (3) assigning at least one Bureau Chief Data 

22 Officer to— 

23 (A) each regional bureau of the Depart24 ment; 
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1 (B) the Bureau of International Organiza2 tion Affairs; 

3 (C) the Office of the Chief Economist; 

4 (D) the Office of the Science and Tech5 nology Advisor; 

6 (E) the Bureau of Cyber and Digital Pol7 icy; 

8 (F) the Bureau of Diplomatic Security; 

9 (G) the Bureau for Global Talent Manage10 ment; and 

11 (H) the Bureau of Consular Affairs; and 

12 (4) allocation of necessary resources to sustain 

13 the Program. 

14 (c) ASSIGNMENT.—In implementing the Bureau 

15 Chief Data Officer Program, Bureaus may not dual-hat 

16 currently employed personnel as Bureau Chief Data Offi17 cers. 

18 (d) ANNUAL REPORTING REQUIREMENT.—Not later 

19 than 180 days after the date of the enactment of this Act, 

20 and annually thereafter for the following 3 years, the Sec21 retary shall submit a report to the appropriate congres22 sional committees regarding the status of the implementa23 tion plan required under subsection (b). 
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1 SEC. 6303. ESTABLISHMENT OF THE CHIEF ARTIFICIAL IN2 TELLIGENCE OFFICER OF THE DEPARTMENT 

3 OF STATE. 

4 Section 1 of the State Department Basic Authorities 

5 Act of 1956 (22 U.S.C. 2651a) is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(n) CHIEF ARTIFICIAL INTELLIGENCE OFFICER.— 

8 ‘‘(1) IN GENERAL.—There shall be within the 

9 Department of State a Chief Artificial Intelligence 

10 Officer, which may be dual-hatted as the Depart11 ment’s Chief Data Officer, who shall be a member 

12 of the Senior Executive Service. 

13 ‘‘(2) DUTIES DESCRIBED.—The principal duties 

14 and responsibilities of the Chief Artificial Intel15 ligence Officer shall be— 

16 ‘‘(A) to evaluate, oversee, and, if appro17 priate, facilitate the responsible adoption of ar18 tificial intelligence (AI) and machine learning 

19 applications to help inform decisions by policy20 makers and to support programs and manage21 ment operations of the Department of State; 

22 and 

23 ‘‘(B) to act as the principal advisor to the 

24 Secretary of State on the ethical use of AI and 

25 advanced analytics in conducting data-informed 

26 diplomacy. 
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1 ‘‘(3) QUALIFICATIONS.—The Chief Artificial In2 telligence Officer should be an individual with dem3 onstrated skill and competency in— 

4 ‘‘(A) the use and application of data ana5 lytics, AI, and machine learning; and 

6 ‘‘(B) transformational leadership and orga7 nizational change management, particularly 

8 within large, complex organizations. 

9 ‘‘(4) PARTNER WITH THE CHIEF INFORMATION

10 OFFICER ON SCALING ARTIFICIAL INTELLIGENCE

11 USE CASES.—To ensure alignment between the Chief 

12 Artificial Intelligence Officer and the Chief Informa13 tion Officer, the Chief Information Officer will con14 sult with the Chief Artificial Intelligence Officer on 

15 best practices for rolling out and scaling AI capabili16 ties across the Bureau of Information and Resource 

17 Management’s broader portfolio of software applica18 tions. 

19 ‘‘(5) ARTIFICIAL INTELLIGENCE DEFINED.—In 

20 this subsection, the term ‘artificial intelligence’ has 

21 the meaning given the term in section 238(g) of the 

22 National Defense Authorization Act for Fiscal Year 

23 2019 (Public Law 115–232; 10 U.S.C. 4001 note).’’. 
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1 SEC. 6304. STRENGTHENING THE CHIEF INFORMATION OF2 FICER OF THE DEPARTMENT OF STATE. 

3 (a) IN GENERAL.—The Chief Information Officer of 

4 the Department shall be consulted on all decisions to ap5 prove or disapprove, significant new unclassified informa6 tion technology expenditures, including software, of the 

7 Department, including expenditures related to information 

8 technology acquired, managed, and maintained by other 

9 bureaus and offices within the Department, in order to— 

10 (1) encourage the use of enterprise software 

11 and information technology solutions where such so12 lutions exist or can be developed in a timeframe and 

13 manner consistent with maintaining and enhancing 

14 the continuity and improvement of Department op15 erations; 

16 (2) increase the bargaining power of the De17 partment in acquiring information technology solu18 tions across the Department; 

19 (3) reduce the number of redundant Authorities 

20 to Operate (ATO), which, instead of using one ATO21 approved platform across bureaus, requires multiple 

22 ATOs for software use cases across different bu23 reaus; 

24 (4) enhance the efficiency, reduce redundancy, 

25 and increase interoperability of the use of informa-
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1 tion technology across the enterprise of the Depart2 ment; 

3 (5) enhance training and alignment of informa4 tion technology personnel with the skills required to 

5 maintain systems across the Department; 

6 (6) reduce costs related to the maintenance of, 

7 or effectuate the retirement of, legacy systems; 

8 (7) ensure the development and maintenance of 

9 security protocols regarding the use of information 

10 technology solutions and software across the Depart11 ment; and 

12 (8) improve end-user training on the operation 

13 of information technology solutions and to enhance 

14 end-user cybersecurity practices. 

15 (b) STRATEGY AND IMPLEMENTATION PLAN RE16 QUIRED.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, the 

19 Chief Information Officer of the Department shall 

20 develop, in consultation with relevant bureaus and 

21 offices as appropriate, a strategy and a 5-year im22 plementation plan to advance the objectives de23 scribed in subsection (a). 

24 (2) CONSULTATION.—No later than one year 

25 after the date of the enactment of this Act, the 
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1 Chief Information Officer shall submit the strategy 

2 required by this subsection to the appropriate con3 gressional committees and shall consult with the ap4 propriate congressional committees, not less than on 

5 an annual basis for 5 years, regarding the progress 

6 related to the implementation plan required by this 

7 subjection. 

8 (c) IMPROVEMENT PLAN FOR THE BUREAU FOR IN9 FORMATION RESOURCES MANAGEMENT.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the 

12 Chief Information Officer shall develop policies and 

13 protocols to improve the customer service orienta14 tion, quality and timely delivery of information tech15 nology solutions, and training and support for bu16 reau and office-level information technology officers. 

17 (2) SURVEY.—Not later than one year after the 

18 date of the enactment of this Act, and annually 

19 thereafter for five years, the Chief Information Offi20 cer shall undertake a client satisfaction survey of bu21 reau information technology officers to obtain feed22 back on metrics related to— 

23 (A) customer service orientation of the Bu24 reau of Information Resources Management; 
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1 (B) quality and timelines of capabilities de2 livered; 

3 (C) maintenance and upkeep of informa4 tion technology solutions; 

5 (D) training and support for senior bureau 

6 and office-level information technology officers; 

7 and 

8 (E) other matters which the Chief Infor9 mation Officer, in consultation with client bu10 reaus and offices, determine appropriate. 

11 (3) SUBMISSION OF FINDINGS.—Not later than 

12 60 days after completing each survey required under 

13 paragraph (2), the Chief Information Officer shall 

14 submit a summary of the findings to the appropriate 

15 congressional committees. 

16 (d) SIGNIFICANT EXPENDITURE DEFINED.—For 

17 purposes of this section, the term ‘‘significant expendi18 ture’’ means any cumulative expenditure in excess of 

19 $250,000 total in a single fiscal year for a new unclassified 

20 software or information technology capability. 

21 (e) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed— 

23 (1) to alter the authorities of the United States 

24 Office of Management and Budget, Office of the Na25 tional Cyber Director, the Department of Homeland 
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1 Security, or the Cybersecurity and Infrastructure 

2 Security Agency with respect to Federal information 

3 systems; or 

4 (2) to alter the responsibilities and authorities 

5 of the Chief Information Officer of the Department 

6 of State as described in titles 40 or 44, United 

7 States Code, or any other law defining or assigning 

8 responsibilities or authorities to Federal Chief Infor9 mation Officers. 

10 SEC. 6305. SENSE OF CONGRESS ON STRENGTHENING EN11 TERPRISE GOVERNANCE. 

12 It is the sense of Congress that in order to modernize 

13 the Department, enterprise-wide governance regarding 

14 budget and finance, information technology, and the cre15 ation, analysis, and use of data across the Department is 

16 necessary to better align resources to strategy, including 

17 evaluating trade-offs, and to enhance efficiency and secu18 rity in using data and technology as tools to inform and 

19 evaluate the conduct of United States foreign policy. 

20 SEC. 6306. DIGITAL CONNECTIVITY AND CYBERSECURITY 

21 PARTNERSHIP. 

22 (a) DIGITAL CONNECTIVITY AND CYBERSECURITY

23 PARTNERSHIP.—The Secretary is authorized to establish 

24 a program, which may be known as the ‘‘Digital 
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1 Connectivity and Cybersecurity Partnership’’, to help for2 eign countries— 

3 (1) expand and increase secure internet access 

4 and digital infrastructure in emerging markets, in5 cluding demand for and availability of high-quality 

6 information and communications technology (ICT) 

7 equipment, software, and services; 

8 (2) protect technological assets, including data; 

9 (3) adopt policies and regulatory positions that 

10 foster and encourage open, interoperable, reliable, 

11 and secure internet, the free flow of data, multi12 stakeholder models of internet governance, and pro13 competitive and secure ICT policies and regulations; 

14 (4) access United States exports of ICT goods 

15 and services; 

16 (5) expand interoperability and promote the di17 versification of ICT goods and supply chain services 

18 to be less reliant on PRC imports; 

19 (6) promote best practices and common stand20 ards for a national approach to cybersecurity; and 

21 (7) advance other priorities consistent with 

22 paragraphs (1) through (6), as determined by the 

23 Secretary. 

24 (b) USE OF FUNDS.—Funds made available to carry 

25 out this section may be used to strengthen civilian cyberse-
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1 curity and information and communications technology ca2 pacity, including participation of foreign law enforcement 

3 and military personnel in non-military activities, notwith4 standing any other provision of law, provided that such 

5 support is essential to enabling civilian and law enforce6 ment of cybersecurity and information and communication 

7 technology related activities in their respective countries. 

8 (c) IMPLEMENTATION PLAN.—Not later than 180 

9 days after the date of the enactment of this Act, the Sec10 retary shall submit to the appropriate congressional com11 mittees an implementation plan for the coming year to ad12 vance the goals identified in subsection (a). 

13 (d) CONSULTATION.—In developing and 

14 operationalizing the implementation plan required under 

15 subsection (c), the Secretary shall consult with— 

16 (1) the appropriate congressional committees, 

17 the Committee on Appropriations of the Senate, and 

18 the Committee on Appropriations of the House of 

19 Representatives; 

20 (2) United States industry leaders; 

21 (3) other relevant technology experts, including 

22 the Open Technology Fund; 

23 (4) representatives from relevant United States 

24 Government agencies; and 
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1 (5) representatives from like-minded allies and 

2 partners. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $100,000,000 for each of 

5 fiscal years 2024 through 2028 to carry out this section. 

6 Such funds, including funds authorized to be appropriated 

7 under the heading ‘‘Economic Support Fund’’, may be 

8 made available, notwithstanding any other provision of law 

9 to strengthen civilian cybersecurity and information and 

10 communications technology capacity, including for partici11 pation of foreign law enforcement and military personnel 

12 in non-military activities, and for contributions. Such 

13 funds shall remain available until expended. 

14 SEC. 6307. ESTABLISHMENT OF A CYBERSPACE, DIGITAL 

15 CONNECTIVITY, AND RELATED TECH16 NOLOGIES (CDT) FUND. 

17 Part II of the Foreign Assistance Act of 1961 (22 

18 U.S.C. 2301 et seq.) is amended by adding at the end 

19 the following new chapter: 

20 ‘‘CHAPTER 10—CYBERSPACE, DIGITAL 

21 CONNECTIVITY, AND RELATED TECH22 NOLOGIES (CDT) FUND 

23 ‘‘SEC. 591. FINDINGS. 

24 ‘‘Congress makes the following findings: 
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1 ‘‘(1) Increasingly digitized and interconnected 

2 social, political, and economic systems have intro3 duced new vulnerabilities for malicious actors to ex4 ploit, which threatens economic and national secu5 rity. 

6 ‘‘(2) The rapid development, deployment, and 

7 integration of information and communication tech8 nologies into all aspects of modern life bring mount9 ing risks of accidents and malicious activity involv10 ing such technologies, and their potential con11 sequences. 

12 ‘‘(3) Because information and communication 

13 technologies are globally manufactured, traded, and 

14 networked, the economic and national security of the 

15 United State depends greatly on cybersecurity prac16 tices of other actors, including other countries. 

17 ‘‘(4) United States assistance to countries and 

18 international organizations to bolster civilian capac19 ity to address national cybersecurity and deterrence 

20 in cyberspace can help— 

21 ‘‘(A) reduce vulnerability in the informa22 tion and communication technologies ecosystem; 

23 and 

24 ‘‘(B) advance national and economic secu25 rity objectives. 
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1 ‘‘SEC. 592. AUTHORIZATION OF ASSISTANCE AND FUNDING 

2 FOR CYBERSPACE, DIGITAL CONNECTIVITY, 

3 AND RELATED TECHNOLOGIES (CDT) CAPAC4 ITY BUILDING ACTIVITIES. 

5 ‘‘(a) AUTHORIZATION.—The Secretary of State is au6 thorized to provide assistance to foreign governments and 

7 organizations, including national, regional, and inter8 national institutions, on such terms and conditions as the 

9 Secretary may determine, in order to— 

10 ‘‘(1) advance a secure and stable cyberspace; 

11 ‘‘(2) protect and expand trusted digital eco12 systems and connectivity; 

13 ‘‘(3) build the cybersecurity capacity of partner 

14 countries and organizations; and 

15 ‘‘(4) ensure that the development of standards 

16 and the deployment and use of technology supports 

17 and reinforces human rights and democratic values, 

18 including through the Digital Connectivity and Cy19 bersecurity Partnership. 

20 ‘‘(b) SCOPE OF USES.—Assistance under this section 

21 may include programs to— 

22 ‘‘(1) advance the adoption and deployment of 

23 secure and trustworthy information and communica24 tions technology (ICT) infrastructure and services, 

25 including efforts to grow global markets for secure 
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1 ICT goods and services and promote a more diverse 

2 and resilient ICT supply chain; 

3 ‘‘(2) provide technical and capacity building as4 sistance to— 

5 ‘‘(A) promote policy and regulatory frame6 works that create an enabling environment for 

7 digital connectivity and a vibrant digital econ8 omy; 

9 ‘‘(B) ensure technologies, including related 

10 new and emerging technologies, are developed, 

11 deployed, and used in ways that support and re12 inforce democratic values and human rights; 

13 ‘‘(C) promote innovation and competition; 

14 and 

15 ‘‘(D) support digital governance with the 

16 development of rights-respecting international 

17 norms and standards; 

18 ‘‘(3) help countries prepare for, defend against, 

19 and respond to malicious cyber activities, including 

20 through— 

21 ‘‘(A) the adoption of cybersecurity best 

22 practices; 

23 ‘‘(B) the development of national strategies 

24 to enhance cybersecurity; 
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1 ‘‘(C) the deployment of cybersecurity tools 

2 and services to increase the security, strength, 

3 and resilience of networks and infrastructure; 

4 ‘‘(D) support for the development of cyber5 security watch, warning, response, and recovery 

6 capabilities, including through the development 

7 of cybersecurity incident response teams; 

8 ‘‘(E) support for collaboration with the Cy9 bersecurity and Infrastructure Security Agency 

10 (CISA) and other relevant Federal agencies to 

11 enhance cybersecurity; 

12 ‘‘(F) programs to strengthen allied and 

13 partner governments’ capacity to detect, inves14 tigate, deter, and prosecute cybercrimes; 

15 ‘‘(G) programs to provide information and 

16 resources to diplomats engaging in discussions 

17 and negotiations around international law and 

18 capacity building measures related to cybersecu19 rity; 

20 ‘‘(H) capacity building for cybersecurity 

21 partners, including law enforcement and mili22 tary entities as described in subsection (f); 

23 ‘‘(I) programs that enhance the ability of 

24 relevant stakeholders to act collectively against 

25 shared cybersecurity threats; 
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1 ‘‘(J) the advancement of programs in sup2 port of the Framework of Responsible State Be3 havior in Cyberspace; and 

4 ‘‘(K) the fortification of deterrence instru5 ments in cyberspace; and 

6 ‘‘(4) such other purpose and functions as the 

7 Secretary of State may designate. 

8 ‘‘(c) RESPONSIBILITY FOR POLICY DECISIONS AND

9 JUSTIFICATION.—The Secretary of State shall be respon10 sible for policy decisions regarding programs under this 

11 chapter, with respect to— 

12 ‘‘(1) whether there will be cybersecurity and 

13 digital capacity building programs for a foreign 

14 country or entity operating in that country; 

15 ‘‘(2) the amount of funds for each foreign coun16 try or entity; and 

17 ‘‘(3) the scope and nature of such uses of fund18 ing. 

19 ‘‘(d) DETAILED JUSTIFICATION FOR USES AND PUR20 POSES OF FUNDS.—The Secretary of State shall provide, 

21 on an annual basis, a detailed justification for the uses 

22 and purposes of the amounts provided under this chapter, 

23 including information concerning— 

24 ‘‘(1) the amounts and kinds of grants; 
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1 ‘‘(2) the amounts and kinds of budgetary sup2 port provided, if any; and 

3 ‘‘(3) the amounts and kinds of project assist4 ance provided for what purpose and with such 

5 amounts. 

6 ‘‘(e) ASSISTANCE AND FUNDING UNDER OTHER AU7 THORITIES.—The authority granted under this section to 

8 provide assistance or funding for countries and organiza9 tions does not preclude the use of funds provided to carry 

10 out other authorities also available for such purpose. 

11 ‘‘(f) AVAILABILITY OF FUNDS.—Amounts appro12 priated to carry out this chapter may be used, notwith13 standing any other provision of law, to strengthen civilian 

14 cybersecurity and information and communications tech15 nology capacity, including participation of foreign law en16 forcement and military personnel in non-military activi17 ties, provided that such support is essential to enabling 

18 civilian and law enforcement of cybersecurity and informa19 tion and communication technology related activities in 

20 their respective countries. 

21 ‘‘(g) NOTIFICATION REQUIREMENTS.—Funds made 

22 available under this section shall be obligated in accord23 ance with the procedures applicable to reprogramming no24 tifications pursuant to section 634A of this Act. 
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1 ‘‘SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY. 

2 ‘‘(a) IN GENERAL.—The Secretary of State, in con3 sultation as appropriate with other relevant Federal de4 partments and agencies is authorized to conduct a review 

5 that— 

6 ‘‘(1) analyzes the United States Government’s 

7 capacity to promptly and effectively deliver emer8 gency support to countries experiencing major cyber9 security and ICT incidents; 

10 ‘‘(2) identifies relevant factors constraining the 

11 support referred to in paragraph (1); and 

12 ‘‘(3) develops a strategy to improve coordina13 tion among relevant Federal agencies and to resolve 

14 such constraints. 

15 ‘‘(b) REPORT.—Not later than one year after the 

16 date of the enactment of this chapter, the Secretary of 

17 State shall submit a report to the Committee on Foreign 

18 Relations of the Senate and the Committee on Foreign 

19 Affairs of the House of Representatives that contains the 

20 results of the review conducted pursuant to subsection (a). 

21 ‘‘SEC. 594. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There is authorized to be appropriated 

23 $150,000,000 during the 5-year period beginning on Octo24 ber 1, 2023, to carry out the purposes of this chapter.’’. 
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1 SEC. 6308. CYBER PROTECTION SUPPORT FOR PERSONNEL 

2 OF THE DEPARTMENT OF STATE IN POSI3 TIONS HIGHLY VULNERABLE TO CYBER AT4 TACK. 

5 (a) DEFINITIONS.—In this section: 

6 (1) AT-RISK PERSONNEL.—The term ‘‘at-risk 

7 personnel’’ means personnel of the Department— 

8 (A) whom the Secretary determines to be 

9 highly vulnerable to cyber attacks and hostile 

10 information collection activities because of their 

11 positions in the Department; and 

12 (B) whose personal technology devices or 

13 personal accounts are highly vulnerable to cyber 

14 attacks and hostile information collection activi15 ties. 

16 (2) PERSONAL ACCOUNTS.—The term ‘‘personal 

17 accounts’’ means accounts for online and tele18 communications services, including telephone, resi19 dential internet access, email, text and multimedia 

20 messaging, cloud computing, social media, health 

21 care, and financial services, used by personnel of the 

22 Department outside of the scope of their employ23 ment with the Department. 

24 (3) PERSONAL TECHNOLOGY DEVICES.—The 

25 term ‘‘personal technology devices’’ means tech26 nology devices used by personnel of the Department 
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1 outside of the scope of their employment with the 

2 Department, including networks to which such de3 vices connect. 

4 (b) REQUIREMENT TO PROVIDE CYBER PROTECTION

5 SUPPORT.—The Secretary, in consultation with the Sec6 retary of Homeland Security and the Director of National 

7 Intelligence, as appropriate— 

8 (1) shall offer cyber protection support for the 

9 personal technology devices and personal accounts of 

10 at-risk personnel; and 

11 (2) may provide the support described in para12 graph (1) to any Department personnel who request 

13 such support. 

14 (c) NATURE OF CYBER PROTECTION SUPPORT.— 

15 Subject to the availability of resources, the cyber protec16 tion support provided to personnel pursuant to subsection 

17 (b) may include training, advice, assistance, and other 

18 services relating to protection against cyber attacks and 

19 hostile information collection activities. 

20 (d) PRIVACY PROTECTIONS FOR PERSONAL DE21 VICES.—The Department is prohibited pursuant to this 

22 section from accessing or retrieving any information from 

23 any personal technology device or personal account of De24 partment employees unless— 
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1 (1) access or information retrieval is necessary 

2 for carrying out the cyber protection support speci3 fied in this section; and 

4 (2) the Department has received explicit con5 sent from the employee to access a personal tech6 nology device or personal account prior to each time 

7 such device or account is accessed. 

8 (e) RULE OF CONSTRUCTION.—Nothing in this sec9 tion may be construed— 

10 (1) to encourage Department personnel to use 

11 personal technology devices for official business; or 

12 (2) to authorize cyber protection support for 

13 senior Department personnel using personal devices, 

14 networks, and personal accounts in an official capac15 ity. 

16 (f) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Secretary shall submit 

18 a report to the appropriate congressional committees re19 garding the provision of cyber protection support pursuant 

20 to subsection (b), which shall include— 

21 (1) a description of the methodology used to 

22 make the determination under subsection (a)(1); and 

23 (2) guidance for the use of cyber protection 

24 support and tracking of support requests for per-
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1 sonnel receiving cyber protection support pursuant 

2 to subsection (b). 

3 TITLE LXIV—ORGANIZATION 

4 AND OPERATIONS 

5 SEC. 6401. PERSONAL SERVICES CONTRACTORS. 

6 (a) EXIGENT CIRCUMSTANCES AND CRISIS RE7 SPONSE.—To assist the Department in addressing and re8 sponding to exigent circumstances and urgent crises 

9 abroad, the Department is authorized to employ, domesti10 cally and abroad, a limited number of personal services 

11 contractors in order to meet exigent needs, subject to the 

12 requirements of this section. 

13 (b) AUTHORITY.—The authority to employ personal 

14 services contractors is in addition to any existing authori15 ties to enter into personal services contracts and authority 

16 provided in the Afghanistan Supplemental Appropriations 

17 Act, 2022 (division C of Public Law 117–43). 

18 (c) EMPLOYING AND ALLOCATION OF PERSONNEL.— 

19 To meet the needs described in subsection (a) and subject 

20 to the requirements in subsection (d), the Department 

21 may— 

22 (1) enter into contracts to employ a total of up 

23 to 100 personal services contractors at any given 

24 time for each of fiscal years 2024, 2025, and 2026; 

25 and 
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1 (2) allocate up to 20 personal services contrac2 tors to a given bureau, without regard to the sources 

3 of funding such office relies on to compensate indi4 viduals. 

5 (d) LIMITATION.—Employment authorized by this 

6 section shall not exceed two calendar years. 

7 (e) NOTIFICATION AND REPORTING TO CONGRESS.— 

8 (1) NOTIFICATION.—Not later than 15 days 

9 after the use of authority under this section, the 

10 Secretary shall notify the appropriate congressional 

11 committees, the Committee on Appropriations of the 

12 Senate, and the Committee on Appropriations of the 

13 House of Representatives of the number of personal 

14 services contractors being employed, the expected 

15 length of employment, the relevant bureau, the pur16 pose for using personal services contractors, and the 

17 justification, including the exigent circumstances re18 quiring such use. 

19 (2) ANNUAL REPORTING.—Not later than 60 

20 days after the end of each fiscal year, the Depart21 ment shall submit to the appropriate congressional 

22 committees, the Committee on Appropriations of the 

23 Senate, and the Committee on Appropriations of the 

24 House of Representatives a report describing the 

25 number of personal services contractors employed 
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1 pursuant to this section for the prior fiscal year, the 

2 length of employment, the relevant bureau by which 

3 they were employed pursuant to this section, the 

4 purpose for using personal services contractors, 

5 disaggregated demographic data of such contractors, 

6 and the justification for the employment, including 

7 the exigent circumstances. 

8 SEC. 6402. HARD-TO-FILL POSTS. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) the number of hard-to-fill vacancies at 

12 United States diplomatic missions is far too high, 

13 particularly in Sub-Saharan Africa; 

14 (2) these vacancies— 

15 (A) adversely impact the Department’s 

16 execution of regional strategies; 

17 (B) hinder the ability of the United States 

18 to effectively compete with strategic competi19 tors, such as the People’s Republic of China 

20 and the Russian Federation; and 

21 (C) present a clear national security risk to 

22 the United States; and 

23 (3) if the Department is unable to incentivize 

24 officers to accept hard-to-fill positions, the Depart25 ment should consider directed assignments, particu-
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1 larly for posts in Africa, and other means to more 

2 effectively advance the national interests of the 

3 United States. 

4 (b) REPORT ON DEVELOPMENT OF INCENTIVES FOR

5 HARD-TO-FILL POSTS.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary shall sub7 mit a report to the appropriate congressional committees 

8 on efforts to develop new incentives for hard-to-fill posi9 tions at United States diplomatic missions. The report 

10 shall include a description of the incentives developed to 

11 date and proposals to try to more effectively fill hard-to12 fill posts. 

13 (c) STUDY ON FEASIBILITY OF ALLOWING NON-CON14 SULAR FOREIGN SERVICE OFFICERS GIVEN DIRECTED

15 CONSULAR POSTS TO VOLUNTEER FOR HARD-TO-FILL

16 POSTS IN UNDERSTAFFED REGIONS.— 

17 (1) STUDY.— 

18 (A) IN GENERAL.—Not later than 180 

19 days after the date of the enactment of this 

20 Act, the Secretary shall conduct a study on— 

21 (i) the number of Foreign Service po22 sitions vacant for six months or longer at 

23 overseas posts, including for consular, po24 litical, and economic positions, over the 

25 last five years, broken down by region, and 
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1 a comparison of the proportion of vacan2 cies between regions; and 

3 (ii) the feasibility of allowing first4 tour Foreign Service generalists in non5 Consular cones, directed for a consular 

6 tour, to volunteer for reassignment at 

7 hard-to-fill posts in understaffed regions. 

8 (B) MATTERS TO BE CONSIDERED.—The 

9 study conducted under subparagraph (A) shall 

10 consider whether allowing first-tour Foreign 

11 Service generalists to volunteer as described in 

12 such subparagraph would address current va13 cancies and what impact the new mechanism 

14 would have on consular operations. 

15 (2) REPORT.—Not later than 60 days after 

16 completing the study required under paragraph (1), 

17 the Secretary shall submit to the appropriate con18 gressional committees a report containing the find19 ings of the study. 

20 SEC. 6403. ENHANCED OVERSIGHT OF THE OFFICE OF 

21 CIVIL RIGHTS. 

22 (a) REPORT WITH RECOMMENDATIONS AND MAN23 AGEMENT STRUCTURE.—Not later than 270 days after 

24 the date of the enactment of this Act, the Secretary shall 

25 submit to the appropriate congressional committees a re-
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1 port with any recommendations for the long-term struc2 ture and management of the Office of Civil Rights (OCR), 

3 including— 

4 (1) an assessment of the strengths and weak5 nesses of OCR’s investigative processes and proce6 dures; 

7 (2) any changes made within OCR to its inves8 tigative processes to improve the integrity and thor9 oughness of its investigations; and 

10 (3) any recommendations to improve the man11 agement structure, investigative process, and over12 sight of the Office. 

13 SEC. 6404. CRISIS RESPONSE OPERATIONS. 

14 (a) IN GENERAL.—Not later than 120 days after the 

15 date of the enactment of this Act, the Secretary shall insti16 tute the following changes and ensure that the following 

17 elements have been integrated into the ongoing crisis re18 sponse management and response by the Crisis Manage19 ment and Strategy Office: 

20 (1) The Department’s crisis response planning 

21 and operations shall conduct, maintain, and update 

22 on a regular basis contingency plans for posts and 

23 regions experiencing or vulnerable to conflict or 

24 emergency conditions, including armed conflict, na-
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1 tional disasters, significant political or military up2 heaval, and emergency evacuations. 

3 (2) The Department’s crisis response efforts 

4 shall be led by an individual with significant experi5 ence responding to prior crises, who shall be so des6 ignated by the Secretary. 

7 (3) The Department’s crisis response efforts 

8 shall provide at least quarterly updates to the Sec9 retary and other relevant senior officials, including a 

10 plan and schedule to develop contingency planning 

11 for identified posts and regions consistent with para12 graph (1). 

13 (4) The decision to develop contingency plan14 ning for any particular post or region shall be made 

15 independent of any regional bureau. 

16 (5) The crisis response team shall develop and 

17 maintain best practices for evacuations, closures, 

18 and emergency conditions. 

19 (b) UPDATE.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, and 

22 every 180 days thereafter for the next five years, the 

23 Secretary shall submit to the appropriate congres24 sional committees, the Committee on Appropriations 

25 of the Senate, and the Committee on Appropriations 
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1 of the House of Representatives an update outlining 

2 the steps taken to implement this section, along with 

3 any other recommendations to improve the Depart4 ment’s crisis management and response operations. 

5 (2) CONTENTS.—Each update submitted pursu6 ant to paragraph (1) should include— 

7 (A) a list of the posts whose contingency 

8 plans, including any noncombatant evacuation 

9 contingencies, has been reviewed and updated 

10 as appropriate during the preceding 180 days; 

11 and 

12 (B) an assessment of the Secretary’s con13 fidence that each post— 

14 (i) has continuously reached out to 

15 United States persons in country to main16 tain and update contact information for as 

17 many such persons as practicable; and 

18 (ii) is prepared to communicate with 

19 such persons in an emergency or crisis sit20 uation. 

21 (3) FORM.—Each update submitted pursuant 

22 to paragraph (1) shall be submitted in unclassified 

23 form, but may include a classified annex. 
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1 SEC. 6405. SPECIAL ENVOY TO THE PACIFIC ISLANDS 

2 FORUM. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the United States must increase its diplo6 matic activity and presence in the Pacific, particu7 larly among Pacific Island nations; and 

8 (2) the Special Envoy to the Pacific Islands 

9 Forum— 

10 (A) should advance the United States part11 nership with Pacific Island Forum nations and 

12 with the organization itself on key issues of im13 portance to the Pacific region; and 

14 (B) should coordinate policies across the 

15 Pacific region with like-minded democracies. 

16 (b) APPOINTMENT OF SPECIAL ENVOY TO THE PA17 CIFIC ISLANDS FORUM.—Section 1 of the State Depart18 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a), 

19 as amended by section 6304, is further amended by adding 

20 at the end the following new subsection: 

21 ‘‘(o) SPECIAL ENVOY TO THE PACIFIC ISLANDS

22 FORUM.— 

23 ‘‘(1) APPOINTMENT.—The President shall ap24 point, by and with the advice and consent of the 

25 Senate, a qualified individual to serve as Special 
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1 Envoy to the Pacific Islands Forum (referred to in 

2 this section as the ‘Special Envoy’). 

3 ‘‘(2) CONSIDERATIONS.— 

4 ‘‘(A) SELECTION.—The Special Envoy 

5 shall be— 

6 ‘‘(i) a United States Ambassador to a 

7 country that is a member of the Pacific Is8 lands Forum; or 

9 ‘‘(ii) a qualified individual who is not 

10 described in clause (i). 

11 ‘‘(B) LIMITATIONS.—If the President ap12 points an Ambassador to a country that is a 

13 member of the Pacific Islands Forum to serve 

14 concurrently as the Special Envoy to the Pacific 

15 Islands Forum, such Ambassador— 

16 ‘‘(i) may not begin service as the Spe17 cial Envoy until he or she has been con18 firmed by the Senate for an ambassador19 ship to a country that is a member of the 

20 Pacific Islands Forum; and 

21 ‘‘(ii) shall not receive additional com22 pensation for his or her service as Special 

23 Envoy. 

24 ‘‘(3) DUTIES.—The Special Envoy shall— 
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1 ‘‘(A) represent the United States in its role 

2 as dialogue partner to the Pacific Islands 

3 Forum; and 

4 ‘‘(B) carry out such other duties as the 

5 President or the Secretary of State may pre6 scribe.’’. 

7 (c) REPORT.—Not later than 180 days after the date 

8 of the enactment of this Act, the Secretary shall submit 

9 a report to the appropriate congressional committees that 

10 describes how the Department will increase its ability to 

11 recruit and retain highly-qualified ambassadors, special 

12 envoys, and other senior personnel in posts in Pacific is13 land countries as the Department expands its diplomatic 

14 footprint throughout the region. 

15 SEC. 6406. SPECIAL ENVOY FOR BELARUS. 

16 (a) SPECIAL ENVOY.—The President shall appoint a 

17 Special Envoy for Belarus within the Department (re18 ferred to in this section as the ‘‘Special Envoy’’). The Spe19 cial Envoy should be a person of recognized distinction 

20 in the field of European security, geopolitics, democracy 

21 and human rights, and may be a career Foreign Service 

22 officer. 

23 (b) CENTRAL OBJECTIVE.—The central objective of 

24 the Special Envoy is to coordinate and promote efforts— 
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1 (1) to improve respect for the fundamental 

2 human rights of the people of Belarus; 

3 (2) to sustain focus on the national security im4 plications of Belarus’s political and military align5 ment for the United States; and 

6 (3) to respond to the political, economic, and 

7 security impacts of events in Belarus upon neigh8 boring countries and the wider region. 

9 (c) DUTIES AND RESPONSIBILITIES.—The Special 

10 Envoy shall— 

11 (1) engage in discussions with Belarusian offi12 cials regarding human rights, political, economic and 

13 security issues in Belarus; 

14 (2) support international efforts to promote 

15 human rights and political freedoms in Belarus, in16 cluding coordination and dialogue between the 

17 United States and the United Nations, the Organi18 zation for Security and Cooperation in Europe, the 

19 European Union, Belarus, and the other countries in 

20 Eastern Europe; 

21 (3) consult with nongovernmental organizations 

22 that have attempted to address human rights and 

23 political and economic instability in Belarus; 

24 (4) make recommendations regarding the fund25 ing of activities promoting human rights, democracy, 
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1 the rule of law, and the development of a market 

2 economy in Belarus; 

3 (5) review strategies for improving protection of 

4 human rights in Belarus, including technical train5 ing and exchange programs; 

6 (6) develop an action plan for holding to ac7 count the perpetrators of the human rights viola8 tions documented in the United Nations High Com9 missioner for Human Rights report on the situation 

10 of human rights in Belarus in the run-up to the 

11 2020 presidential election and its aftermath (Human 

12 Rights Council Resolution 49/36); 

13 (7) engage with member countries of the North 

14 Atlantic Treaty Organization, the Organization for 

15 Security and Cooperation in Europe and the Euro16 pean Union with respect to the implications of 

17 Belarus’s political and security alignment for trans18 atlantic security; and 

19 (8) work within the Department and among 

20 partnering countries to sustain focus on the political 

21 situation in Belarus. 

22 (d) ROLE.—The position of Special Envoy— 

23 (1) shall be a full-time position; 

24 (2) may not be combined with any other posi25 tion within the Department; 
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1 (3) shall only exist as long as United States 

2 diplomatic operations in Belarus at United States 

3 Embassy Minsk have been suspended; and 

4 (4) shall oversee the operations and personnel 

5 of the Belarus Affairs Unit. 

6 (e) REPORT ON ACTIVITIES.—Not later than 180 

7 days after the date of the enactment of this Act, and annu8 ally thereafter for the following 5 years, the Secretary, in 

9 consultation with the Special Envoy, shall submit a report 

10 to the appropriate congressional committees that describes 

11 the activities undertaken pursuant to subsection (c) dur12 ing the reporting period. 

13 (f) SUNSET.—The position of Special Envoy for 

14 Belarus Affairs and the authorities provided by this sec15 tion shall terminate 5 years after the date of the enact16 ment of this Act. 

17 SEC. 6407. OVERSEAS PLACEMENT OF SPECIAL APPOINT18 MENT POSITIONS. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Secretary shall submit to the appro21 priate congressional committees a report on current spe22 cial appointment positions at United States diplomatic 

23 missions that do not exercise significant authority, and all 

24 positions under schedule B or schedule C of subpart C 

25 of part 213 of title 5, Code of Federal Regulations, at 
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1 United States diplomatic missions. The report shall in2 clude the title and responsibilities of each position, the ex3 pected duration of the position, the name of the individual 

4 currently appointed to the position, and the hiring author5 ity utilized to fill the position. 

6 SEC. 6408. RESOURCES FOR UNITED STATES NATIONALS 

7 UNLAWFULLY OR WRONGFULLY DETAINED 

8 ABROAD. 

9 Section 302(d) of the Robert Levinson Hostage Re10 covery and Hostage-Taking Accountability Act (22 U.S.C. 

11 1741(d)) is amended— 

12 (1) in the subsection heading, by striking ‘‘RE13 SOURCE GUIDANCE’’ and inserting ‘‘RESOURCES

14 FOR UNITED STATES NATIONALS UNLAWFULLY OR

15 WRONGFULLY DETAINED ABROAD’’; 

16 (2) in paragraph (1), by striking the paragraph 

17 heading and all that follows through ‘‘Not later 

18 than’’ and inserting the following: 

19 ‘‘(1) RESOURCE GUIDANCE.— 

20 ‘‘(A) IN GENERAL.—Not later than’’; 

21 (3) in paragraph (2), by redesignating subpara22 graphs (A), (B), (C), (D), and (E) and clauses (i), 

23 (ii), (iii), (iv), and (v), respectively, and moving such 

24 clauses (as so redesignated) 2 ems to the right; 
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1 (4) by redesignating paragraph (2) as subpara2 graph (B) and moving such subparagraph (as so re3 designated) 2 ems to the right; 

4 (5) in subparagraph (B), as redesignated by 

5 paragraph (4), by striking ‘‘paragraph (1)’’ and in6 serting ‘‘subparagraph (A)’’; and 

7 (6) by adding at the end the following: 

8 ‘‘(2) TRAVEL ASSISTANCE.— 

9 ‘‘(A) FAMILY ADVOCACY.—For the purpose 

10 of facilitating meetings between the United 

11 States Government and the family members of 

12 United States nationals unlawfully or wrong13 fully detained abroad, the Secretary shall pro14 vide financial assistance to cover the costs of 

15 travel to Washington, D.C., including travel by 

16 air, train, bus, or other transit as appropriate, 

17 to any individual who— 

18 ‘‘(i) is— 

19 ‘‘(I) a family member of a United 

20 States national unlawfully or wrong21 fully detained abroad as determined 

22 by the Secretary under subsection (a); 

23 or 

24 ‘‘(II) an appropriate individual 

25 who— 
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1 ‘‘(aa) is approved by the 

2 Special Presidential Envoy for 

3 Hostage Affairs; and 

4 ‘‘(bb) does not represent in 

5 any legal capacity a United 

6 States national unlawfully or 

7 wrongfully detained abroad or 

8 the family of such United States 

9 national; 

10 ‘‘(ii) has a permanent address that is 

11 more than 50 miles from Washington, 

12 D.C.; and 

13 ‘‘(iii) requests such assistance. 

14 ‘‘(B) TRAVEL AND LODGING.— 

15 ‘‘(i) IN GENERAL.—For each such 

16 United States national unlawfully or 

17 wrongfully detained abroad, the financial 

18 assistance described in subparagraph (A) 

19 shall be provided for not more than 2 trips 

20 per fiscal year, unless the Special Presi21 dential Envoy for Hostage Affairs deter22 mines that a third trip is warranted. 

23 ‘‘(ii) LIMITATIONS.—Any trip de24 scribed in clause (i) shall— 
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1 ‘‘(I) consist of not more than 2 

2 family members or other individuals 

3 approved in accordance with subpara4 graph (A)(i)(II), unless the Special 

5 Presidential Envoy for Hostage Af6 fairs determines that circumstances 

7 warrant an additional family member 

8 or other individual approved in ac9 cordance with subparagraph (A)(i)(II) 

10 and approves assistance to such third 

11 family member or other individual; 

12 and 

13 ‘‘(II) not exceed more than 2 

14 nights lodging, which shall not exceed 

15 the applicable government rate. 

16 ‘‘(C) RETURN TRAVEL.—If other United 

17 States Government assistance is unavailable, 

18 the Secretary may provide to a United States 

19 national unlawfully or wrongfully detained 

20 abroad as determined by the Secretary under 

21 subsection (a), compensation and assistance, as 

22 necessary, for return travel to the United 

23 States upon release of such United States na24 tional. 
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1 ‘‘(3) SUPPORT.—The Secretary shall seek to 

2 make available operational psychologists and clinical 

3 social workers, to support the mental health and 

4 well-being of— 

5 ‘‘(A) any United States national unlawfully 

6 or wrongfully detained abroad; and 

7 ‘‘(B) any family member of such United 

8 States national, with regard to the psycho9 logical, social, and mental health effects of such 

10 unlawful or wrongful detention. 

11 ‘‘(4) NOTIFICATION REQUIREMENT.—The Sec12 retary shall notify the Committee on Foreign Rela13 tions of the Senate, the Committee on Foreign Af14 fairs of the House of Representatives, and the Com15 mittees on Appropriations of the Senate and the 

16 House of Representatives of any amount spent above 

17 $250,000 for any fiscal year to carry out paragraphs 

18 (2) and (3). 

19 ‘‘(5) REPORT.—Not later than 90 days after 

20 the end of each fiscal year, the Secretary shall sub21 mit to the Committees on Foreign Relations and Ap22 propriations of the Senate and the Committee on 

23 Foreign Affairs and Appropriations of the House of 

24 Representatives a report that includes— 
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1 ‘‘(A) a detailed description of expenditures 

2 made pursuant to paragraphs (2) and (3); 

3 ‘‘(B) a detailed description of support pro4 vided pursuant to paragraph (3) and the indi5 viduals providing such support; and 

6 ‘‘(C) the number and location of visits out7 side of Washington, D.C., during the prior fis8 cal year made by the Special Presidential Envoy 

9 for Hostage Affairs to family members of each 

10 United States national unlawfully or wrongfully 

11 detained abroad. 

12 ‘‘(6) SUNSET.—The authority and requirements 

13 under paragraphs (2), (3), (4), and (5) shall termi14 nate on December 31, 2027. 

15 ‘‘(7) FAMILY MEMBER DEFINED.—In this sub16 section, the term ‘family member’ means a spouse, 

17 father, mother, child, brother, sister, grandparent, 

18 grandchild, aunt, uncle, nephew, niece, cousin, fa19 ther-in-law, mother-in-law, son-in-law, daughter-in20 law, brother-in-law, sister-in-law, stepfather, step21 mother, stepson, stepdaughter, stepbrother, step22 sister, half brother, or half sister.’’. 
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1 TITLE LXV—ECONOMIC 

2 DIPLOMACY 

3 SEC. 6501. REPORT ON RECRUITMENT, RETENTION, AND 

4 PROMOTION OF FOREIGN SERVICE ECO5 NOMIC OFFICERS. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary shall sub8 mit a report to the appropriate congressional committees 

9 regarding the recruitment, retention, and promotion of 

10 economic officers in the Foreign Service. 

11 (b) ELEMENTS.—The report required under sub12 section (b) shall include— 

13 (1) an overview of the key challenges the De14 partment faces in— 

15 (A) recruiting individuals to serve as eco16 nomic officers in the Foreign Service; and 

17 (B) retaining individuals serving as eco18 nomic officers in the Foreign Service, particu19 larly at the level of GS–14 of the General 

20 Schedule and higher; 

21 (2) an overview of the key challenges in recruit22 ing and retaining qualified individuals to serve in 

23 economic positions in the Civil Service; 
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1 (3) a comparison of promotion rates for eco2 nomic officers in the Foreign Service relative to 

3 other officers in the Foreign Service; 

4 (4) a summary of the educational history and 

5 training of current economic officers in the Foreign 

6 Service and Civil Service officers serving in economic 

7 positions; 

8 (5) the identification, disaggregated by region, 

9 of hard-to-fill posts and proposed incentives to im10 prove staffing of economic officers in the Foreign 

11 Service at such posts; 

12 (6) a summary and analysis of the factors that 

13 lead to the promotion of— 

14 (A) economic officers in the Foreign Serv15 ice; and 

16 (B) individuals serving in economic posi17 tions in the Civil Service; and 

18 (7) a summary and analysis of current Depart19 ment-funded or run training opportunities and exter20 nally-funded programs, including the Secretary’s 

21 Leadership Seminar at Harvard Business School, 

22 for— 

23 (A) economic officers in the Foreign Serv24 ice; and 
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1 (B) individuals serving in economic posi2 tions in the Civil Service. 

3 SEC. 6502. MANDATE TO REVISE DEPARTMENT OF STATE 

4 METRICS FOR SUCCESSFUL ECONOMIC AND 

5 COMMERCIAL DIPLOMACY. 

6 (a) MANDATE TO REVISE DEPARTMENT OF STATE

7 PERFORMANCE MEASURES FOR ECONOMIC AND COMMER8 CIAL DIPLOMACY.—The Secretary shall, as part of the De9 partment’s next regularly scheduled review on metrics and 

10 performance measures, include revisions of Department 

11 performance measures for economic and commercial diplo12 macy, by identifying outcome-oriented, and not process13 oriented, performance metrics, including metrics that— 

14 (1) measure how Department efforts advanced 

15 specific economic and commercial objectives and led 

16 to successes for the United States or other private 

17 sector actors overseas; and 

18 (2) focus on customer satisfaction with Depart19 ment services and assistance. 

20 (b) PLAN FOR ENSURING COMPLETE DATA FOR

21 PERFORMANCE MEASURES.—As part of the review re22 quired under subsection (a), the Secretary shall include 

23 a plan for ensuring that— 

24 (1) the Department, both at its main head25 quarters and at domestic and overseas posts, main-
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1 tains and fully updates data on performance meas2 ures; and 

3 (2) Department leadership and the appropriate 

4 congressional committees can evaluate the extent to 

5 which the Department is advancing United States 

6 economic and commercial interests abroad through 

7 meeting performance targets. 

8 (c) REPORT ON PRIVATE SECTOR SURVEYS.—The 

9 Secretary shall prepare a report that lists and describes 

10 all the methods through which the Department conducts 

11 surveys of the private sector to measure private sector sat12 isfaction with assistance and services provided by the De13 partment to advance private sector economic and commer14 cial goals in foreign markets. 

15 (d) REPORT.—Not later than 90 days after con16 ducting the review pursuant to subsection (a), the Sec17 retary shall submit to the appropriate congressional com18 mittees— 

19 (1) the revised performance metrics required 

20 under subsection (a); and 

21 (2) the report required under subsection (c). 
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1 SEC. 6503. CHIEF OF MISSION ECONOMIC RESPONSIBIL2 ITIES. 

3 Section 207 of the Foreign Service Act of 1980 (22 

4 U.S.C. 3927) is amended by adding at the end the fol5 lowing: 

6 ‘‘(e) EMBASSY ECONOMIC TEAM.— 

7 ‘‘(1) COORDINATION AND SUPERVISION.—Each 

8 chief of mission shall coordinate and supervise the 

9 implementation of all United States economic policy 

10 interests within the host country in which the diplo11 matic mission is located, among all United States 

12 Government departments and agencies present in 

13 such country. 

14 ‘‘(2) ACCOUNTABILITY.—The chief of mission is 

15 responsible for the performance of the diplomatic 

16 mission in advancing United States economic policy 

17 interests within the host country. 

18 ‘‘(3) MISSION ECONOMIC TEAM.—The chief of 

19 mission shall designate appropriate embassy staff to 

20 form a mission economic team that— 

21 ‘‘(A) monitors notable economic, commer22 cial, and investment-related developments in the 

23 host country; and 

24 ‘‘(B) develops plans and strategies for ad25 vancing United States economic and commercial 

26 interests in the host country, including— 
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1 ‘‘(i) tracking legislative, regulatory, 

2 judicial, and policy developments that 

3 could affect United States economic, com4 mercial, and investment interests; 

5 ‘‘(ii) advocating for best practices with 

6 respect to policy and regulatory develop7 ments; 

8 ‘‘(iii) conducting regular analyses of 

9 market systems, trends, prospects, and op10 portunities for value-addition, including 

11 risk assessments and constraints analyses 

12 of key sectors and of United States stra13 tegic competitiveness, and other reporting 

14 on commercial opportunities and invest15 ment climate; and 

16 ‘‘(iv) providing recommendations for 

17 responding to developments that may ad18 versely affect United States economic and 

19 commercial interests.’’. 

20 SEC. 6504. DIRECTION TO EMBASSY DEAL TEAMS. 

21 (a) PURPOSES.—The purposes of deal teams at 

22 United States embassies and consulates are— 

23 (1) to promote a private sector-led approach— 
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1 (A) to advance economic growth and job 

2 creation that is tailored, as appropriate, to spe3 cific economic sectors; and 

4 (B) to advance strategic partnerships; 

5 (2) to prioritize efforts— 

6 (A) to identify commercial and investment 

7 opportunities; 

8 (B) to advocate for improvements in the 

9 business and investment climate; 

10 (C) to engage and consult with private sec11 tor partners; and 

12 (D) to report on the activities described in 

13 subparagraphs (A) through (C), in accordance 

14 with the applicable requirements under sections 

15 706 and 707 of the Championing American 

16 Business Through Diplomacy Act of 2019 (22 

17 U.S.C. 9902 and 9903); 

18 (3)(A)(i) to identify trade and investment op19 portunities for United States companies in foreign 

20 markets; or 

21 (ii) to assist with existing trade and invest22 ment opportunities already identified by United 

23 States companies; and 
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1 (B) to deploy United States Government eco2 nomic and other tools to help such United States 

3 companies to secure their objectives; 

4 (4) to identify and facilitate opportunities for 

5 entities in a host country to increase exports to, or 

6 investment in, the United States in order to grow 

7 two-way trade and investment; 

8 (5) to modernize, streamline, and improve ac9 cess to resources and services designed to promote 

10 increased trade and investment opportunities; 

11 (6) to identify and secure United States or al12 lied government support of strategic projects, such 

13 as ports, railways, energy production and distribu14 tion, critical minerals development, telecommuni15 cations networks, and other critical infrastructure 

16 projects vulnerable to predatory investment by an 

17 authoritarian country or entity in such country 

18 where support or investment serves an important 

19 United States interest; 

20 (7) to coordinate across the Unites States Gov21 ernment to ensure the appropriate and most effec22 tive use of United States Government tools to sup23 port United States economic, commercial, and in24 vestment objectives; and 
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1 (8) to coordinate with the multi-agency DC 

2 Central Deal Team, established in February 2020, 

3 on the matters described in paragraphs (1) through 

4 (7) and other relevant matters. 

5 (b) CLARIFICATION.—A deal team may be composed 

6 of the personnel comprising the mission economic team 

7 formed pursuant to section 207(e)(3) of the Foreign Serv8 ice Act of 1980, as added by section 6503. 

9 (c) RESTRICTIONS.—A deal team may not provide 

10 support for, or assist a United States person with a trans11 action involving, a government, or an entity owned or con12 trolled by a government, if the Secretary determines that 

13 such government— 

14 (1) has repeatedly provided support for acts of 

15 international terrorism, as described in— 

16 (A) section 1754(c)(1)(A)(i) of the Export 

17 Control Reform Act of 2018 (subtitle B of title 

18 XVII of Public Law 115–232); 

19 (B) section 620A(a) of the Foreign Assist20 ance Act of 1961 (22 U.S.C. 2371(a)); 

21 (C) section 40(d) of the Arms Export Con22 trol Act (22 U.S.C. 2780(d)); or 

23 (D) any other relevant provision of law; or 

24 (2) has engaged in an activity that would trig25 ger a restriction under section 116(a) or 502B(a)(2) 
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1 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2 2151n(a) and 2304(a)(2)) or any other relevant pro3 vision of law. 

4 (d) FURTHER RESTRICTIONS.— 

5 (1) PROHIBITION ON SUPPORT OF SANCTIONED

6 PERSONS.—Deal teams may not carry out activities 

7 prohibited under United States sanctions laws or 

8 regulations, including dealings with persons on the 

9 list of specially designated persons and blocked per10 sons maintained by the Office of Foreign Assets 

11 Control of the Department of the Treasury, except 

12 to the extent otherwise authorized by the Secretary 

13 of the Treasury or the Secretary. 

14 (2) PROHIBITION ON SUPPORT OF ACTIVITIES

15 SUBJECT TO SANCTIONS.—Any person receiving sup16 port from a deal team must be in compliance with 

17 all United States sanctions laws and regulations as 

18 a condition for receiving such assistance. 

19 (e) CHIEF OF MISSION AUTHORITY AND ACCOUNT20 ABILITY.—The chief of mission to a foreign country— 

21 (1) is the designated leader of a deal team in 

22 such country; and 

23 (2) shall be held accountable for the perform24 ance and effectiveness of United States deal teams 

25 in such country. 
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1 (f) GUIDANCE CABLE.—The Department shall send 

2 out regular guidance on Deal Team efforts by an All Dip3 lomatic and Consular Posts (referred to in this section as 

4 ‘‘ALDAC’’) that— 

5 (1) describes the role of deal teams; and 

6 (2) includes relevant and up-to-date information 

7 to enhance the effectiveness of deal teams in a coun8 try. 

9 (g) CONFIDENTIALITY OF INFORMATION.— 

10 (1) IN GENERAL.—In preparing the cable re11 quired under subsection (f), the Secretary shall pro12 tect from disclosure any proprietary information of 

13 a United States person marked as business confiden14 tial information unless the person submitting such 

15 information— 

16 (A) had notice, at the time of submission, 

17 that such information would be released by; or 

18 (B) subsequently consents to the release of 

19 such information. 

20 (2) TREATMENT AS TRADE SECRETS.—Propri21 etary information obtained by the United States 

22 Government from a United States person pursuant 

23 to the activities of deal teams shall be— 

24 (A) considered to be trade secrets and 

25 commercial or financial information (as such 
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1 terms are used under section 552b(c)(4) of title 

2 5, United States Code); and 

3 (B) exempt from disclosure without the ex4 press approval of the person. 

5 (h) SUNSET.—The requirements under subsections 

6 (f) through (h) shall terminate on the date that is 5 years 

7 after the date of the enactment of this Act. 

8 SEC. 6505. ESTABLISHMENT OF A ‘‘DEAL TEAM OF THE 

9 YEAR’’ AWARD. 

10 (a) ESTABLISHMENT.—The Secretary shall establish 

11 a new award, to be known as the ‘‘Deal Team of the Year 

12 Award’’, and annually present the award to a deal team 

13 at one United States mission in each region to recognize 

14 outstanding achievements in supporting a United States 

15 company or companies pursuing commercial deals abroad 

16 or in identifying new deal prospects for United States 

17 companies. 

18 (b) AWARD CONTENT.— 

19 (1) DEPARTMENT OF STATE.—Each member of 

20 a deal team receiving an award pursuant to sub21 section (a) shall receive a certificate that is signed 

22 by the Secretary and— 

23 (A) in the case of a member of the Foreign 

24 Service, is included in the next employee evalua25 tion report; or 
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1 (B) in the case of a Civil Service employee, 

2 is included in the next annual performance re3 view. 

4 (2) OTHER FEDERAL AGENCIES.—If an award 

5 is presented pursuant to subsection (a) to a Federal 

6 Government employee who is not employed by the 

7 Department, the employing agency may determine 

8 whether to provide such employee any recognition or 

9 benefits in addition to the recognition or benefits 

10 provided by the Department. 

11 (c) ELIGIBILITY.—Any interagency economics team 

12 at a United States overseas mission under chief of mission 

13 authority that assists United States companies with iden14 tifying, navigating, and securing trade and investment op15 portunities in a foreign country or that facilitates bene16 ficial foreign investment into the United States is eligible 

17 for an award under this section. 

18 (d) REPORT.—Not later than the last day of the fis19 cal year in which awards are presented pursuant to sub20 section (a), the Secretary shall submit a report to the ap21 propriate congressional committees that includes— 

22 (1) each mission receiving a Deal Team of the 

23 Year Award. 

24 (2) the names and agencies of each awardee 

25 within the recipient deal teams; and 
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1 (3) a detailed description of the reason such 

2 deal teams received such award. 

3 TITLE LXVI—PUBLIC 

4 DIPLOMACY 

5 SEC. 6601. PUBLIC DIPLOMACY OUTREACH. 

6 (a) COORDINATION OF RESOURCES.—The Adminis7 trator of the United States Agency for International De8 velopment and the Secretary shall direct public affairs sec9 tions at United States embassies and USAID Mission Pro10 gram Officers at USAID missions to coordinate, enhance 

11 and prioritize resources for public diplomacy and aware12 ness campaigns around United States diplomatic and de13 velopment efforts, including through— 

14 (1) the utilization of new media technology for 

15 maximum public engagement; and 

16 (2) enact coordinated comprehensive community 

17 outreach to increase public awareness and under18 standing and appreciation of United States diplo19 matic and development efforts. 

20 (b) DEVELOPMENT OUTREACH AND COORDINATION

21 OFFICERS.—USAID should prioritize hiring of additional 

22 Development Outreach and Coordination officers in 

23 USAID missions to support the purposes of subsection 

24 (a). 
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1 (c) BEST PRACTICES.—The Secretary and the Ad2 ministrator of USAID shall identify 10 countries in which 

3 Embassies and USAID missions have successfully exe4 cuted efforts, including monitoring and evaluation of such 

5 efforts, described in (a) and develop best practices to be 

6 turned into Department and USAID guidance. 

7 SEC. 6602. MODIFICATION ON USE OF FUNDS FOR RADIO 

8 FREE EUROPE/RADIO LIBERTY. 

9 In section 308(h) of the United States International 

10 Broadcasting Act of 1994 (22 U.S.C. 6207(h)) is amend11 ed— 

12 (1) by striking subparagraphs (1), (3), and (5); 

13 and 

14 (2) by redesignating paragraphs (2) and (4) as 

15 paragraphs (1) and (2), respectively. 

16 SEC. 6603. INTERNATIONAL BROADCASTING. 

17 (a) VOICE OF AMERICA.—Section 303 of the United 

18 States International Broadcasting Act of 1994 (22 U.S.C. 

19 6202) is amended by adding at the end the following: 

20 ‘‘(d) VOICE OF AMERICA OPERATIONS AND STRUC21 TURE.— 

22 ‘‘(1) OPERATIONS.—The Director of the Voice 

23 of America (VOA)— 
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1 ‘‘(A) shall direct and supervise the oper2 ations of VOA, including making all major deci3 sions relating its staffing; and 

4 ‘‘(B) may utilize any authorities made 

5 available to the United States Agency for Glob6 al Media or to its Chief Executive Officer under 

7 this Act or under any other Act to carry out its 

8 operations in an effective manner. 

9 ‘‘(2) PLAN.—Not later than 180 days after the 

10 date of the enactment of this Act, the Director of 

11 VOA shall submit to the Committee on Foreign Re12 lations and the Committee on Homeland Security 

13 and Governmental Affairs of the Senate and the 

14 Committee on Foreign Affairs and the Committee on 

15 Homeland Security of the House of Representatives 

16 a plan to ensure that the personnel structure of 

17 VOA is sufficient to effectively carry out the prin18 ciples described in subsection (c).’’. 

19 (b) APPOINTMENT OF CHIEF EXECUTIVE OFFI20 CER.—Section 304 of such Act (22 U.S.C. 6203) is 

21 amended— 

22 (1) in subsection (a), by striking ‘‘as an entity 

23 described in section 104 of title 5, United States 

24 Code’’ and inserting ‘‘under the direction of the 

25 International Broadcasting Advisory Board’’; and 
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1 (2) in subsection (b)(1), by striking the second 

2 sentence and inserting the following: ‘‘Notwith3 standing any other provision of law, when a vacancy 

4 arises, until such time as a Chief Executive Officer, 

5 to whom sections 3345 through 3349b of title 5, 

6 United States Code, shall not apply, is appointed 

7 and confirmed by the Senate, an acting Chief Execu8 tive Officer shall be appointed by the International 

9 Broadcasting Advisory Board and shall continue to 

10 serve and exercise the authorities and powers under 

11 this title as the sole means of filling such vacancy, 

12 for the duration of the vacancy. In the absence of 

13 a quorum on the International Broadcasting Advi14 sory Board, the first principal deputy of the United 

15 States Agency for Global Media shall serve as acting 

16 Chief Executive Officer.’’. 

17 (c) CHIEF EXECUTIVE OFFICER AUTHORITIES.— 

18 Section 305(a)(1) of such Act (22 U.S.C. 6204(a)(1)) is 

19 amended by striking ‘‘To supervise all’’ and inserting ‘‘To 

20 oversee, coordinate, and provide strategic direction for’’. 

21 (d) INTERNATIONAL BROADCASTING ADVISORY

22 BOARD.—Section 306(a) of such Act (22 U.S.C. 6205(a)) 

23 is amended by striking ‘‘advise the Chief Executive Officer 

24 of’’ and inserting ‘‘oversee and advise the Chief Executive 

25 Officer and’’. 
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1 (e) RADIO FREE AFRICA; RADIO FREE AMERICAS.— 

2 Not later than 180 days after the date of the enactment 

3 of this Act, the Chief Executive Officer of the United 

4 States Agency for Global Media shall submit a report to 

5 the Committee on Foreign Relations of the Senate, the 

6 Committee on Appropriations of the Senate, the Com7 mittee on Foreign Affairs of the House of Representatives, 

8 and the Committee on Appropriations of the House of 

9 Representatives that details the financial and other re10 sources that would be required to establish and operate 

11 2 nonprofit organizations, modeled after Radio Free Eu12 rope/Radio Liberty and Radio Free Asia, for the purposes 

13 of providing accurate, uncensored, and reliable news and 

14 information to— 

15 (1) the region of Africa, with respect to Radio 

16 Free Africa; and 

17 (2) the region of Latin America and the Carib18 bean, with respect to Radio Free Americas. 

19 SEC. 6604. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PRO20 GRAM. 

21 (a) IN GENERAL.—The Mutual Educational and Cul22 tural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is 

23 amended by adding at the end the following: 
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1 ‘‘SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PRO2 GRAM. 

3 ‘‘(a) ESTABLISHMENT.—There is established the 

4 John Lewis Civil Rights Fellowship Program (referred to 

5 in this section as the ‘Fellowship Program’) within the J. 

6 William Fulbright Educational Exchange Program. 

7 ‘‘(b) PURPOSES.—The purposes of the Fellowship 

8 Program are— 

9 ‘‘(1) to honor the legacy of Representative John 

10 Lewis by promoting a greater understanding of the 

11 history and tenets of nonviolent civil rights move12 ments; and 

13 ‘‘(2) to advance foreign policy priorities of the 

14 United States by promoting studies, research, and 

15 international exchange in the subject of nonviolent 

16 movements that established and protected civil 

17 rights around the world. 

18 ‘‘(c) ADMINISTRATION.—The Bureau of Educational 

19 and Cultural Affairs (referred to in this section as the ‘Bu20 reau’) shall administer the Fellowship Program in accord21 ance with policy guidelines established by the Board, in 

22 consultation with the binational Fulbright Commissions 

23 and United States Embassies. 

24 ‘‘(d) SELECTION OF FELLOWS.— 

25 ‘‘(1) IN GENERAL.—The Board shall annually 

26 select qualified individuals to participate in the Fel-
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1 lowship Program. The Bureau may determine the 

2 number of fellows selected each year, which, when3 ever feasible, shall be not fewer than 25. 

4 ‘‘(2) OUTREACH.— 

5 ‘‘(A) IN GENERAL.—To the extent prac6 ticable, the Bureau shall conduct outreach at 

7 institutions, including— 

8 ‘‘(i) minority serving institutions, in9 cluding historically Black colleges and uni10 versities; and 

11 ‘‘(ii) other appropriate institutions, as 

12 determined by the Bureau. 

13 ‘‘(B) DEFINITIONS.—In this paragraph: 

14 ‘‘(i) HISTORICALLY BLACK COLLEGE

15 AND UNIVERSITY.—The term ‘historically 

16 Black college and university’ has the mean17 ing given the term ‘part B institution’ in 

18 section 322 of the Higher Education Act 

19 of 1965 (20 U.S.C. 1061). 

20 ‘‘(ii) MINORITY SERVING INSTITU21 TION.—The term ‘minority-serving institu22 tion’ means an eligible institution under 

23 section 371(a) of the Higher Education 

24 Act of 1965 (20 U.S.C. 1067q(a)). 
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1 ‘‘(e) FELLOWSHIP ORIENTATION.—Annually, the Bu2 reau shall organize and administer a fellowship orienta3 tion, which shall— 

4 ‘‘(1) be held in Washington, D.C., or at another 

5 location selected by the Bureau; and 

6 ‘‘(2) include programming to honor the legacy 

7 of Representative John Lewis. 

8 ‘‘(f) STRUCTURE.— 

9 ‘‘(1) WORK PLAN.—To carry out the purposes 

10 described in subsection (b)— 

11 ‘‘(A) each fellow selected pursuant to sub12 section (d) shall arrange an internship or re13 search placement— 

14 ‘‘(i) with a nongovernmental organiza15 tion, academic institution, or other organi16 zation approved by the Bureau; and 

17 ‘‘(ii) in a country with an operational 

18 Fulbright U.S. Student Program; and 

19 ‘‘(B) the Bureau shall, for each fellow, ap20 prove a work plan that identifies the target ob21 jectives for the fellow, including specific duties 

22 and responsibilities relating to those objectives. 

23 ‘‘(2) CONFERENCES; PRESENTATIONS.—Each 

24 fellow shall— 
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1 ‘‘(A) attend a fellowship orientation orga2 nized and administered by the Bureau under 

3 subsection (e); 

4 ‘‘(B) not later than the date that is 1 year 

5 after the end of the fellowship period, attend a 

6 fellowship summit organized and administered 

7 by the Bureau, which— 

8 ‘‘(i) whenever feasible, shall be held in 

9 Atlanta, Georgia, or another location of 

10 importance to the civil rights movement in 

11 the United States; and 

12 ‘‘(ii) may coincide with other events 

13 facilitated by the Bureau; and 

14 ‘‘(C) at such summit, give a presentation 

15 on lessons learned during the period of fellow16 ship. 

17 ‘‘(3) FELLOWSHIP PERIOD.—Each fellowship 

18 under this section shall continue for a period deter19 mined by the Bureau, which, whenever feasible, shall 

20 be not fewer than 10 months. 

21 ‘‘(g) FELLOWSHIP AWARD.—The Bureau shall pro22 vide each fellow under this section with an allowance that 

23 is equal to the amount needed for— 

24 ‘‘(1) the reasonable costs of the fellow during 

25 the fellowship period; and 
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1 ‘‘(2) travel and lodging expenses related to at2 tending the orientation and summit required under 

3 subsection (e)(2). 

4 ‘‘(h) ANNUAL REPORT.—Not later than 1 year after 

5 the date of the completion of the Fellowship Program by 

6 the initial cohort of fellows selected under subsection (d), 

7 and annually thereafter, the Secretary of State shall sub8 mit to the Committee on Foreign Relations of the Senate 

9 and the Committee on Foreign Affairs of the House of 

10 Representatives a report on the implementation of the Fel11 lowship Program, including— 

12 ‘‘(1) a description of the demographics of the 

13 cohort of fellows who completed a fellowship during 

14 the preceding 1-year period; 

15 ‘‘(2) a description of internship and research 

16 placements, and research projects selected by such 

17 cohort, under the Fellowship Program, including 

18 feedback from— 

19 ‘‘(A) such cohort on implementation of the 

20 Fellowship Program; and 

21 ‘‘(B) the Secretary on lessons learned; and 

22 ‘‘(3) an analysis of trends relating to the diver23 sity of each cohort of fellows and the topics of 

24 projects completed since the establishment of the 

25 Fellowship Program.’’. 
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1 (b) TECHNICAL AND CONFORMING AMENDMENTS TO

2 THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE

3 ACT OF 1961.—Section 112(a) of the Mutual Educational 

4 and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a)) 

5 is amended— 

6 (1) in paragraph (8), by striking ‘‘; and’’ and 

7 inserting a semicolon; 

8 (2) in paragraph (9), by striking the period and 

9 inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(10) the John Lewis Civil Rights Fellowship 

13 Program established under section 115, which pro14 vides funding for international internships and re15 search placements for early- to mid-career individ16 uals from the United States to study nonviolent civil 

17 rights movements in self-arranged placements with 

18 universities or nongovernmental organizations in for19 eign countries.’’. 

20 SEC. 6605. DOMESTIC ENGAGEMENT AND PUBLIC AFFAIRS. 

21 (a) STRATEGY REQUIRED.—Not later than 180 days 

22 after the date of the enactment of this Act, the Secretary 

23 shall develop a strategy to explain to the American people 

24 the value of the work of the Department and United 
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1 States foreign policy to advancing the national security of 

2 the United States. The strategy shall include— 

3 (1) tools to inform the American people about 

4 the non-partisan importance of United States diplo5 macy and foreign relations and to utilize public di6 plomacy to meet the United States’ national security 

7 priorities; 

8 (2) efforts to reach the widest possible audience 

9 of Americans, including those who historically have 

10 not had exposure to United States foreign policy ef11 forts and priorities; 

12 (3) additional staffing and resource needs in13 cluding— 

14 (A) domestic positions within the Bureau 

15 of Global Public Affairs to focus on engagement 

16 with the American people as outlined in para17 graph (1); 

18 (B) positions within the Bureau of Edu19 cational and Cultural Affairs to enhance pro20 gram and reach the widest possible audience; 

21 (C) increasing the number of fellowship 

22 and detail programs that place Foreign Service 

23 and civil service employees outside the Depart24 ment for a limited time, including Pearson Fel-
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1 lows, Reta Joe Lewis Local Diplomats, Brook2 ings Fellows, and Georgetown Fellows; and 

3 (D) recommendations for increasing par4 ticipation in the Hometown Diplomats program 

5 and evaluating this program as well as other 

6 opportunities for Department officers to engage 

7 with American audiences while traveling within 

8 the United States. 

9 SEC. 6606. EXTENSION OF GLOBAL ENGAGEMENT CENTER. 

10 Section 1287(j) of the National Defense Authoriza11 tion Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is 

12 amended by striking ‘‘on the date that is 8 years after 

13 the date of the enactment of this Act’’ and inserting ‘‘on 

14 September 30, 2026’’. 

15 SEC. 6607. PAPERWORK REDUCTION ACT. 

16 Section 5603(d) of the National Defense Authoriza17 tion Act for Fiscal Year 2022 (Public Law 117–81) is 

18 amended by adding at the end the following new para19 graph: 

20 ‘‘(4) United States Information and Edu21 cational Exchange Act of 1948 (Public Law 80– 

22 402).’’. 
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1 SEC. 6608. MODERNIZATION AND ENHANCEMENT STRAT2 EGY. 

3 Not later than 180 days after the date of the enact4 ment of this Act, the Secretary shall submit a strategy 

5 to the appropriate congressional committees for— 

6 (1) modernizing and increasing the operational 

7 and programming capacity of American Spaces and 

8 American Corners throughout the world, including 

9 by leveraging public-private partnerships; 

10 (2) providing salaries to locally employed staff 

11 of American Spaces and American Corners; and 

12 (3) providing opportunities for United States 

13 businesses and nongovernmental organizations to 

14 better utilize American Spaces. 

15 TITLE LXVII—OTHER MATTERS 

16 SEC. 6701. INTERNSHIPS OF UNITED STATES NATIONALS AT 

17 INTERNATIONAL ORGANIZATIONS. 

18 (a) IN GENERAL.—The Secretary of State is author19 ized to bolster efforts to increase the number of United 

20 States citizens representative of the American people occu21 pying positions in the United Nations system, agencies, 

22 and commissions, and in other international organizations, 

23 including by awarding grants to educational institutions 

24 and students. 

25 (b) REPORT.—Not later than 90 days after the date 

26 of the enactment of this Act, the Secretary of State shall 
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1 submit a report to the appropriate congressional commit2 tees that identifies— 

3 (1) the number of United States citizens who 

4 are involved in internship programs at international 

5 organizations; 

6 (2) the distribution of the individuals described 

7 in paragraph (1) among various international orga8 nizations; and 

9 (3) grants, programs, and other activities that 

10 are being utilized to recruit and fund United States 

11 citizens to participate in internship programs at 

12 international organizations. 

13 (c) ELIGIBILITY.—An individual referred to in sub14 section (a) is an individual who— 

15 (1) is enrolled at or received their degree within 

16 two years from— 

17 (A) an institution of higher education; or 

18 (B) an institution of higher education 

19 based outside the United States, as determined 

20 by the Secretary of State; and 

21 (2) is a citizen of the United States. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated $1,500,000 for the Depart24 ment of State for fiscal year 2024 to carry out the grant 

25 program authorized under subsection (a). 
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1 SEC. 6702. TRAINING FOR INTERNATIONAL ORGANIZA2 TIONS. 

3 (a) TRAINING PROGRAMS.—Section 708 of the For4 eign Service Act of 1980 (22 U.S.C. 4028) is amended 

5 by adding at the end of the following new subsection: 

6 ‘‘(e) TRAINING IN MULTILATERAL DIPLOMACY.— 

7 ‘‘(1) IN GENERAL.—The Secretary, in consulta8 tion with other senior officials as appropriate, shall 

9 establish training courses on— 

10 ‘‘(A) the conduct of diplomacy at inter11 national organizations and other multilateral in12 stitutions; and 

13 ‘‘(B) broad-based multilateral negotiations 

14 of international instruments. 

15 ‘‘(2) REQUIRED TRAINING.—Members of the 

16 Service, including appropriate chiefs of mission and 

17 other officers who are assigned to United States 

18 missions representing the United States to inter19 national organizations and other multilateral institu20 tions or who are assigned in other positions that 

21 have as their primary responsibility formulation of 

22 policy related to such organizations and institutions, 

23 or participation in negotiations of international in24 struments, shall receive specialized training in the 

25 areas described in paragraph (1) prior to the begin26 ning of service for such assignment or, if receiving 
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1 such training at that time is not practical, within 

2 the first year of beginning such assignment.’’. 

3 (b) TRAINING FOR DEPARTMENT EMPLOYEES.—The 

4 Secretary of State shall ensure that employees of the De5 partment of State who are assigned to positions described 

6 in paragraph (2) of subsection (e) of section 708 of the 

7 Foreign Service Act of 1980 (as added by subsection (a) 

8 of this section), including members of the civil service or 

9 general service, or who are seconded to international orga10 nizations for a period of at least one year, receive training 

11 described in such subsection and participate in other such 

12 courses as the Secretary may recommend to build or aug13 ment identifiable skills that would be useful for such De14 partment officials representing United States interests at 

15 these institutions and organizations. 

16 SEC. 6703. MODIFICATION TO TRANSPARENCY ON INTER17 NATIONAL AGREEMENTS AND NON-BINDING 

18 INSTRUMENTS. 

19 Section 112b of title 1, United States Code, as most 

20 recently amended by section 5947 of the James M. Inhofe 

21 National Defense Authorization Act for Fiscal Year 2023 

22 (Public Law 117–263; 136 Stat. 3476), is further amend23 ed— 

24 (1) by redesignating subsections (h) through (l) 

25 as subsections (i) through (m), respectively; and 
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1 (2) by inserting after subsection (g) the fol2 lowing: 

3 ‘‘(h)(1) If the Secretary is aware or has reason to 

4 believe that the requirements of subsection (a), (b), or (c) 

5 have not been fulfilled with respect to an international 

6 agreement or qualifying non-binding instrument, the Sec7 retary shall— 

8 ‘‘(A) immediately bring the matter to the atten9 tion of the office or agency responsible for the agree10 ment or qualifying non-binding instrument; and 

11 ‘‘(B) request the office or agency to provide 

12 within 7 days the text or other information nec13 essary to fulfill the requirements of the relevant sub14 section. 

15 ‘‘(2) Upon receiving the text or other information re16 quested pursuant to paragraph (1), the Secretary shall— 

17 ‘‘(A) fulfill the requirements of subsection (a), 

18 (b), or (c), as the case may be, with respect to the 

19 agreement or qualifying non-binding instrument con20 cerned— 

21 ‘‘(i) by including such text or other infor22 mation in the next submission required by sub23 section (a)(1); 

24 ‘‘(ii) by providing such information in writ25 ing to the Majority Leader of the Senate, the 
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1 Minority Leader of the Senate, the Speaker of 

2 the House of Representatives, the Minority 

3 Leader of the House of Representatives, and 

4 the appropriate congressional committees before 

5 provision of the submission described in clause 

6 (i); or 

7 ‘‘(iii) in relation to subsection (b), by mak8 ing the text of the agreement or qualifying non9 binding instrument and the information de10 scribed in subparagraphs (A)(iii) and (B)(iii) of 

11 subsection (a)(1) relating to the agreement or 

12 instrument available to the public on the 

13 website of the Department of State within 15 

14 days of receiving the text or other information 

15 requested pursuant to paragraph (1); and 

16 ‘‘(B) provide to the Majority Leader of the Sen17 ate, the Minority Leader of the Senate, the Speaker 

18 of the House of Representatives, the Minority Lead19 er of the House of Representatives, and the appro20 priate congressional committees, either in the next 

21 submission required by subsection (a)(1) or before 

22 such submission, a written statement explaining the 

23 reason for the delay in fulfilling the requirements of 

24 subsection (a), (b), or (c), as the case may be.’’. 
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1 SEC. 6704. REPORT ON PARTNER FORCES UTILIZING 

2 UNITED STATES SECURITY ASSISTANCE 

3 IDENTIFIED AS USING HUNGER AS A WEAPON 

4 OF WAR. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) the United States recognizes the link be8 tween armed conflict and conflict-induced food inse9 curity; 

10 (2) Congress recognizes and condemns the role 

11 of nefarious security actors, including state and non12 state armed groups, who have utilized hunger as a 

13 weapon of war, including through the unanimous 

14 adoption of House of Representatives Resolution 

15 922 and Senate Resolution 669 relating to 

16 ‘‘[c]ondemning the use of hunger as a weapon of 

17 war and recognizing the effect of conflict on global 

18 food security and famine’’; and 

19 (3) the United States should use the diplomatic 

20 and humanitarian tools at our disposal to not only 

21 fight global hunger, mitigate the spread of conflict, 

22 and promote critical, lifesaving assistance, but also 

23 hold perpetrators using hunger as a weapon of war 

24 to account. 

25 (b) DEFINITIONS.—In this paragraph: 
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1 (1) HUNGER AS A WEAPON OF WAR.—The term 

2 ‘‘hunger as a weapon of war’’ means— 

3 (A) intentional starvation of civilians; 

4 (B) intentional and reckless destruction, 

5 removal, looting, or rendering useless objects 

6 necessary for food production and distribution, 

7 such as farmland, markets, mills, food proc8 essing and storage facilities, food stuffs, crops, 

9 livestock, agricultural assets, waterways, water 

10 systems, drinking water facilities and supplies, 

11 and irrigation networks; 

12 (C) undue denial of humanitarian access 

13 and deprivation of objects indispensable to peo14 ple’s survival, such as food supplies and nutri15 tion resources; and 

16 (D) willful interruption of market systems 

17 for populations in need, including through the 

18 prevention of travel and manipulation of cur19 rency exchange. 

20 (2) SECURITY ASSISTANCE.—The term ‘‘secu21 rity assistance’’ means assistance meeting the defini22 tion of ‘‘security assistance’’ under section 502B of 

23 the Foreign Assistance Act of 1961 (22 U.S.C. 

24 2304). 
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1 (c) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary, in consultation 

3 with the Administrator of the United States Agency for 

4 International Development, and the Secretary of Defense 

5 shall submit a report to the appropriate congressional 

6 committees, the Committee on Armed Services of the Sen7 ate, and the Committee on Armed Services of the House 

8 of Representatives regarding— 

9 (1) United States-funded security assistance 

10 and cooperation; and 

11 (2) whether the governments and entities re12 ceiving such assistance have or are currently using 

13 hunger as a weapon of war. 

14 (d) ELEMENTS.—The report required under sub15 section (c) shall— 

16 (1) identify countries receiving United States17 funded security assistance or participating in secu18 rity programs and activities, including in coordina19 tion with the Department of Defense, that are cur20 rently experiencing famine-like conditions as a result 

21 of conflict; 

22 (2) describe the actors and actions taken by 

23 such actors in the countries identified pursuant to 

24 paragraph (1) who are utilizing hunger as a weapon 

25 of war; and 
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1 (3) describe any current or existing plans to 

2 continue providing United States-funded security as3 sistance to recipient countries. 

4 (e) FORM.—The report required under subsection (c) 

5 shall be submitted in unclassified form, but may include 

6 a classified annex. 

7 SEC. 6705. INFRASTRUCTURE PROJECTS AND INVEST8 MENTS BY THE UNITED STATES AND PEO9 PLE’S REPUBLIC OF CHINA. 

10 Not later than 1 year after the date of the enactment 

11 of this Act, the Secretary, in coordination with the Admin12 istrator of the United States Agency for International De13 velopment and the Chief Executive Officer of the Develop14 ment Finance Corporation, shall submit to the appropriate 

15 congressional committees, the Committee on Appropria16 tions of the Senate, and the Committee on Appropriations 

17 of the House of Representatives a report regarding the 

18 opportunities and costs of infrastructure projects in Mid19 dle East, African, and Latin American and Caribbean 

20 countries, which shall— 

21 (1) describe the nature and total funding of 

22 United States infrastructure investments and con23 struction in Middle East, African, and Latin Amer24 ican and Caribbean countries, and that of United 

25 States allies and partners in the same regions; 
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1 (2) describe the nature and total funding of in2 frastructure investments and construction by the 

3 People’s Republic of China in Middle East, African, 

4 and Latin American and Caribbean countries; 

5 (3) assess the national security threats posed by 

6 the infrastructure investment gap between the Peo7 ple’s Republic of China and the United States and 

8 United States allies and partners, including— 

9 (A) infrastructure, such as ports; 

10 (B) access to critical and strategic min11 erals; 

12 (C) digital and telecommunication infra13 structure; 

14 (D) threats to supply chains; and 

15 (E) general favorability towards the Peo16 ple’s Republic of China and the United States 

17 and United States’ allies and partners among 

18 Middle East, African, and Latin American and 

19 Caribbean countries; 

20 (4) assess the opportunities and challenges for 

21 companies based in the United States to invest in in22 frastructure projects in Middle East, African, and 

23 Latin American and Caribbean countries; 

24 (5) describe options for the United States Gov25 ernment to undertake to increase support for United 
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1 States businesses engaged in large-scale infrastruc2 ture projects in Middle East, African, and Latin 

3 American and Caribbean countries; and 

4 (6) identify regional infrastructure priorities, 

5 ranked according to United States national interests, 

6 in Middle East, African, and Latin American and 

7 Caribbean countries. 

8 SEC. 6706. SPECIAL ENVOYS. 

9 (a) REVIEW.—Not later than 180 days after the date 

10 of the enactment of this Act, the Secretary shall conduct 

11 a review of all special envoy positions to determine— 

12 (1) which special envoy positions are needed to 

13 accomplish the mission of the Department; 

14 (2) which special envoy positions could be ab15 sorbed into the Department’s existing bureau struc16 ture; 

17 (3) which special envoy positions were estab18 lished by an Act of Congress; and 

19 (4) which special envoy positions were created 

20 by the Executive Branch without explicit congres21 sional approval. 

22 (b) REPORT.—Not later than 60 days after the com23 pletion of the review required under subsection (a), the 

24 Secretary shall submit a report to the appropriate congres25 sional committees that includes— 
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1 (1) a list of every special envoy position in the 

2 Department; 

3 (2) a detailed justification of the need for each 

4 special envoy, if warranted; 

5 (3) a list of the special envoy positions that 

6 could be absorbed into the Department’s existing bu7 reau structure without compromising the mission of 

8 the Department; 

9 (4) a list of the special envoy positions that 

10 were created by an Act of Congress; and 

11 (5) a list of the special envoy positions that are 

12 not expressly authorized by statute. 

13 SEC. 6707. US–ASEAN CENTER. 

14 (a) DEFINED TERM.—In this section, the term 

15 ‘‘ASEAN’’ means the Association of Southeast Asian Na16 tions. 

17 (b) ESTABLISHMENT.—The Secretary is authorized 

18 to enter into a public-private partnership for the purposes 

19 of establishing a US–ASEAN Center in the United States 

20 to support United States economic and cultural engage21 ment with Southeast Asia. 

22 (c) FUNCTIONS.—Notwithstanding any other provi23 sion of law, the US–ASEAN Center established pursuant 

24 to subsection (b) may— 
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1 (1) provide grants for research to support and 

2 elevate the importance of the US–ASEAN partner3 ship; 

4 (2) facilitate activities to strengthen US– 

5 ASEAN trade and investment; 

6 (3) expand economic and technological relation7 ships between ASEAN countries and the United 

8 States into new areas of cooperation; 

9 (4) provide training to United States citizens 

10 and citizens of ASEAN countries that improve peo11 ple-to-people ties; 

12 (5) develop educational programs to increase 

13 awareness for the United States and ASEAN coun14 tries on the importance of relations between the 

15 United States and ASEAN countries; and 

16 (6) carry out other activities the Secretary con17 siders necessary to strengthen ties between the 

18 United States and ASEAN countries and achieve the 

19 objectives of the US–ASEAN Center. 

20 SEC. 6708. BRIEFINGS ON THE UNITED STATES-EUROPEAN 

21 UNION TRADE AND TECHNOLOGY COUNCIL. 

22 It is the sense of Congress that the United States23 European Union Trade and Technology Council is an im24 portant forum for the United States and in the European 

25 Union to engage on transatlantic trade, investment, and 
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1 engagement on matters related to critical and emerging 

2 technology and that the Department should provide reg3 ular updates to the appropriate congressional committees 

4 on the deliverables and policy initiatives announced at 

5 United States-European Union Trade and Technology 

6 Council ministerials 

7 SEC. 6709. MODIFICATION AND REPEAL OF REPORTS. 

8 (a) COUNTRY REPORTS ON HUMAN RIGHTS PRAC9 TICES.— 

10 (1) IN GENERAL.—The Secretary shall examine 

11 the production of the 2023 and subsequent annual 

12 Country Reports on Human Rights Practices by the 

13 Assistant Secretary for Democracy, Human Rights, 

14 and Labor as required under sections 116(d) and 

15 502B(b) of the Foreign Assistance Act of 1961 (22 

16 U.S.C. 2151n(d), 2304(b)) to maximize— 

17 (A) cost and personnel efficiencies; 

18 (B) the potential use of data and analytic 

19 tools and visualization; and 

20 (C) advancement of the modernization 

21 agenda for the Department announced by the 

22 Secretary on October 27, 2021. 

23 (2) TRANSNATIONAL REPRESSION AMEND24 MENTS TO ANNUAL COUNTRY REPORTS ON HUMAN

25 RIGHTS PRACTICES.—Section 116(d) of the Foreign 
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1 Assistance Act of 1961 (22 U.S.C. 2151n(d)) is 

2 amended by adding at the end the following new 

3 paragraph: 

4 ‘‘(13) Wherever applicable, a description of the 

5 nature and extent of acts of transnational repression 

6 that occurred during the preceding year, including 

7 identification of— 

8 ‘‘(A) incidents in which a government har9 assed, intimidated, or killed individuals outside 

10 of their internationally recognized borders and 

11 the patterns of such repression among repeat 

12 offenders; 

13 ‘‘(B) countries in which such transnational 

14 repression occurs and the role of the govern15 ments of such countries in enabling, preventing, 

16 mitigating, and responding to such acts; 

17 ‘‘(C) the tactics used by the governments 

18 of countries identified pursuant to subpara19 graph (A), including the actions identified and 

20 any new techniques observed; 

21 ‘‘(D) in the case of digital surveillance and 

22 harassment, the type of technology or platform, 

23 including social media, smart city technology, 

24 health tracking systems, general surveillance 

25 technology, and data access, transfer, and stor-
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1 age procedures, used by the governments of 

2 countries identified pursuant to subparagraph 

3 (A) for such actions; and 

4 ‘‘(E) groups and types of individuals tar5 geted by acts of transnational repression in 

6 each country in which such acts occur.’’. 

7 (b) ELIMINATION OF OBSOLETE REPORTS.— 

8 (1) ANNUAL REPORTS RELATING TO FUNDING

9 MECHANISMS FOR TELECOMMUNICATIONS SECURITY

10 AND SEMICONDUCTORS.—Division H of the William 

11 M. (Mac) Thornberry National Defense Authoriza12 tion Act for Fiscal Year 2021 (Public Law 116–283) 

13 is amended— 

14 (A) in section 9202(a)(2) (47 U.S.C. 

15 906(a)(2))— 

16 (i) by striking subparagraph (C); and 

17 (ii) by redesignating subparagraph 

18 (D) as subparagraph (C); and 

19 (B) in section 9905 (15 U.S.C. 4655)— 

20 (i) by striking subsection (c); and 

21 (ii) by redesignating subsection (d) as 

22 subsection (c). 

23 (2) REPORTS RELATING TO FOREIGN ASSIST24 ANCE TO COUNTER RUSSIAN INFLUENCE AND MEDIA

25 ORGANIZATIONS CONTROLLED BY RUSSIA.—The 
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1 Countering Russian Influence in Europe and Eur2 asia Act of 2017 (title II of Public Law 115–44) is 

3 amended— 

4 (A) in section 254(e)— 

5 (i) in paragraph (1)— 

6 (I) by striking ‘‘IN GENERAL.—’’; 

7 (II) by redesignating subpara8 graphs (A), (B), and (C) as para9 graphs (1), (2), and (3), respectively, 

10 and moving such paragraphs 2 ems to 

11 the left; and 

12 (ii) by striking paragraph (2); and 

13 (B) by striking section 255. 

14 (3) ANNUAL REPORT ON PROMOTING THE RULE

15 OF LAW IN THE RUSSIAN FEDERATION.—Section 

16 202 of the Russia and Moldova Jackson-Vanik Re17 peal and Sergei Magnitsky Rule of Law Account18 ability Act of 2012 (Public Law 112–208) is amend19 ed by striking subsection (a). 

20 (4) ANNUAL REPORT ON ADVANCING FREEDOM

21 AND DEMOCRACY.—Section 2121 of the Advance 

22 Democratic Values, Address Nondemocratic Coun23 tries, and Enhance Democracy Act of 2007 (title 

24 XXI of Public Law 110–53) is amended by striking 

25 subsection (c). 
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1 (5) ANNUAL REPORTS ON UNITED STATES2 VIETNAM HUMAN RIGHTS DIALOGUE MEETINGS.— 

3 Section 702 of the Foreign Relations Authorization 

4 Act, Fiscal Year 2003 (22 U.S.C. 2151n note) is re5 pealed. 

6 SEC. 6710. MODIFICATION OF BUILD ACT OF 2018 TO 

7 PRIORITIZE PROJECTS THAT ADVANCE NA8 TIONAL SECURITY. 

9 Section 1412 of the Build Act of 2018 (22 U.S.C. 

10 9612) is amended by adding at the end the following sub11 section: 

12 ‘‘(d) PRIORITIZATION OF NATIONAL SECURITY IN13 TERESTS.—The Corporation shall prioritize the provision 

14 of support under title II in projects that advance core na15 tional security interests of the United States with respect 

16 to the People’s Republic of China.’’. 

17 SEC. 6711. PERMITTING FOR INTERNATIONAL BRIDGES. 

18 The International Bridge Act of 1972 (33 U.S.C. 535 

19 et seq.) is amended by inserting after section 5 the fol20 lowing: 

21 ‘‘SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible 

24 applicant’ means an entity that has submitted an 

25 application for a Presidential permit during the pe-
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1 riod beginning on December 1, 2020, and ending on 

2 December 31, 2024, for any of the following: 

3 ‘‘(A) 1 or more international bridges in 

4 Webb County, Texas. 

5 ‘‘(B) An international bridge in Cameron 

6 County, Texas. 

7 ‘‘(C) An international bridge in Maverick 

8 County, Texas. 

9 ‘‘(2) PRESIDENTIAL PERMIT.— 

10 ‘‘(A) IN GENERAL.—The term ‘Presi11 dential permit’ means— 

12 ‘‘(i) an approval by the President to 

13 construct, maintain, and operate an inter14 national bridge under section 4; or 

15 ‘‘(ii) an approval by the President to 

16 construct, maintain, and operate an inter17 national bridge pursuant to a process de18 scribed in Executive Order 13867 (84 Fed. 

19 Reg. 15491; relating to Issuance of Per20 mits With Respect to Facilities and Land 

21 Transportation Crossings at the Inter22 national Boundaries of the United States) 

23 (or any successor Executive Order). 

24 ‘‘(B) INCLUSION.—The term ‘Presidential 

25 permit’ includes an amendment to an approval 
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1 described in clause (i) or (ii) of subparagraph 

2 (A). 

3 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of State. 

5 ‘‘(b) APPLICATION.—An eligible applicant for a Pres6 idential permit to construct, maintain, and operate an 

7 international bridge shall submit an application for the 

8 permit to the Secretary. 

9 ‘‘(c) RECOMMENDATION.— 

10 ‘‘(1) IN GENERAL.—Not later than 60 days 

11 after the date on which the Secretary receives an ap12 plication under subsection (b), the Secretary shall 

13 make a recommendation to the President— 

14 ‘‘(A) to grant the Presidential permit; or 

15 ‘‘(B) to deny the Presidential permit. 

16 ‘‘(2) CONSIDERATION.—The sole basis for a 

17 recommendation under paragraph (1) shall be 

18 whether the international bridge is in the foreign 

19 policy interests of the United States. 

20 ‘‘(d) PRESIDENTIAL ACTION.— 

21 ‘‘(1) IN GENERAL.—The President shall grant 

22 or deny the Presidential permit for an application 

23 under subsection (b) by not later than 60 days after 

24 the earlier of— 
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1 ‘‘(A) the date on which the Secretary 

2 makes a recommendation under subsection 

3 (c)(1); and 

4 ‘‘(B) the date on which the Secretary is re5 quired to make a recommendation under sub6 section (c)(1). 

7 ‘‘(2) NO ACTION.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), if the President does not grant or 

10 deny the Presidential permit for an application 

11 under subsection (b) by the deadline described 

12 in paragraph (1), the Presidential permit shall 

13 be considered to have been granted as of that 

14 deadline. 

15 ‘‘(B) REQUIREMENT.—As a condition on a 

16 Presidential permit considered to be granted 

17 under subparagraph (A), the eligible applicant 

18 shall complete all applicable environmental doc19 uments required pursuant to Public Law 91– 

20 190 (42 U.S.C. 4321 et seq.). 

21 ‘‘(e) DOCUMENT REQUIREMENTS.—Notwithstanding 

22 any other provision of law, the Secretary shall not require 

23 an eligible applicant for a Presidential permit— 

24 ‘‘(1) to include in the application under sub25 section (b) environmental documents prepared pur-
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1 suant to Public Law 91–190 (42 U.S.C. 4321 et 

2 seq.); or 

3 ‘‘(2) to have completed any environmental re4 view under Public Law 91–190 (42 U.S.C. 4321 et 

5 seq.) prior to the President granting a Presidential 

6 permit under subsection (d). 

7 ‘‘(f) RULES OF CONSTRUCTION.—Nothing in this 

8 section— 

9 ‘‘(1) prohibits the President from granting a 

10 Presidential permit conditioned on the eligible appli11 cant completing all environmental documents pursu12 ant to Public Law 91–190 (42 U.S.C. 4321 et seq.); 

13 ‘‘(2) prohibits the Secretary from requesting a 

14 list of all permits and approvals from Federal, State, 

15 and local agencies that the eligible applicant believes 

16 are required in connection with the international 

17 bridge, or a brief description of how those permits 

18 and approvals will be acquired; or 

19 ‘‘(3) exempts an eligible applicant from the re20 quirement to complete all environmental documents 

21 pursuant to Public Law 91–190 (42 U.S.C. 4321 et 

22 seq.) prior to construction of an international 

23 bridge.’’. 
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1 TITLE LXVIII—AUKUS MATTERS 

2 SEC. 6801. DEFINITIONS. 

3 In this title: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committee on Foreign Relations 

8 and the Committee on Armed Services of the 

9 Senate; and 

10 (B) the Committee on Foreign Affairs and 

11 the Committee on Armed Services of the House 

12 of Representatives. 

13 (2) AUKUS PARTNERSHIP.— 

14 (A) IN GENERAL.—The term ‘‘AUKUS 

15 partnership’’ means the enhanced trilateral se16 curity partnership between Australia, the 

17 United Kingdom, and the United States an18 nounced in September 2021. 

19 (B) PILLARS.—The AUKUS partnership 

20 includes the following two pillars: 

21 (i) Pillar One is focused on developing 

22 a pathway for Australia to acquire conven23 tionally armed, nuclear-powered sub24 marines. 
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1 (ii) Pillar Two is focused on enhanc2 ing trilateral collaboration on advanced de3 fense capabilities, including hypersonic and 

4 counter hypersonic capabilities, quantum 

5 technologies, undersea technologies, and 

6 artificial intelligence. 

7 (3) INTERNATIONAL TRAFFIC IN ARMS REGULA8 TIONS.—The term ‘‘International Traffic in Arms 

9 Regulations’’ means subchapter M of chapter I of 

10 title 22, Code of Federal Regulations (or successor 

11 regulations). 

12 Subtitle A—Outlining the AUKUS 

13 Partnership 

14 SEC. 6811. STATEMENT OF POLICY ON THE AUKUS PART15 NERSHIP. 

16 (a) STATEMENT OF POLICY.—It is the policy of the 

17 United States that— 

18 (1) the AUKUS partnership is integral to 

19 United States national security, increasing United 

20 States and allied capability in the undersea domain 

21 of the Indo-Pacific, and developing cutting edge mili22 tary capabilities; 

23 (2) the transfer of conventionally armed, nu24 clear-powered submarines to Australia, if imple25 mented appropriately, will position the United States 
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1 and its allies to maintain peace and security in the 

2 Indo-Pacific; 

3 (3) the transfer of conventionally armed, nu4 clear-powered submarines to Australia will be safely 

5 implemented with the highest nonproliferation stand6 ards in alignment with— 

7 (A) safeguards established by the Inter8 national Atomic Energy Agency; and 

9 (B) the Additional Protocol to the Agree10 ment between Australia and the International 

11 Atomic Energy Agency for the application of 

12 safeguards in connection with the Treaty on the 

13 Non-Proliferation of Nuclear Weapons, signed 

14 at Vienna September 23, 1997; 

15 (4) the United States will enter into a mutual 

16 defense agreement with Australia, modeled on the 

17 1958 bilateral mutual defense agreement with the 

18 United Kingdom, for the sole purpose of facilitating 

19 the transfer of naval nuclear propulsion technology 

20 to Australia; 

21 (5) working with the United Kingdom and Aus22 tralia to develop and provide joint advanced military 

23 capabilities to promote security and stability in the 

24 Indo-Pacific will have tangible impacts on United 

25 States military effectiveness across the world; 
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1 (6) in order to better facilitate cooperation 

2 under Pillar 2 of the AUKUS partnership, it is im3 perative that every effort be made to streamline 

4 United States export controls consistent with nec5 essary and reciprocal security safeguards on United 

6 States technology at least comparable to those of the 

7 United States; 

8 (7) the trade authorization mechanism for the 

9 AUKUS partnership administered by the Depart10 ment is a critical first step in reimagining the 

11 United States export control system to carry out the 

12 AUKUS partnership and expedite technology shar13 ing and defense trade among the United States, 

14 Australia, and the United Kingdom; and 

15 (8) the vast majority of United States defense 

16 trade with Australia is conducted through the For17 eign Military Sales (FMS) process, the preponder18 ance of defense trade with the United Kingdom is 

19 conducted through Direct Commercial Sales (DCS), 

20 and efforts to streamline United States export con21 trols should focus on both Foreign Military Sales 

22 and Direct Commercial Sales. 
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1 SEC. 6812. SENIOR ADVISOR FOR THE AUKUS PARTNER2 SHIP AT THE DEPARTMENT OF STATE. 

3 (a) IN GENERAL.—There shall be a Senior Advisor 

4 for the AUKUS partnership at the Department, who— 

5 (1) shall report directly to the Secretary; and 

6 (2) may not hold another position in the De7 partment concurrently while holding the position of 

8 Senior Advisor for the AUKUS partnership. 

9 (b) DUTIES.—The Senior Advisor shall— 

10 (1) be responsible for coordinating efforts re11 lated to the AUKUS partnership across the Depart12 ment, including the bureaus engaged in nonprolifera13 tion, defense trade, security assistance, and diplo14 matic relations in the Indo-Pacific; 

15 (2) serve as the lead within the Department for 

16 implementation of the AUKUS partnership in inter17 agency processes, consulting with counterparts in 

18 the Department of Defense, the Department of 

19 Commerce, the Department of Energy, the Office of 

20 Naval Reactors, and any other relevant agencies; 

21 (3) lead diplomatic efforts related to the 

22 AUKUS partnership with other governments to ex23 plain how the partnership will enhance security and 

24 stability in the Indo-Pacific; and 

25 (4) consult regularly with the appropriate con26 gressional committees, and keep such committees 
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1 fully and currently informed, on issues related to the 

2 AUKUS partnership, including in relation to the 

3 AUKUS Pillar 1 objective of supporting Australia’s 

4 acquisition of conventionally armed, nuclear-powered 

5 submarines and the Pillar 2 objective of jointly de6 veloping advanced military capabilities to support se7 curity and stability in the Indo-Pacific, as affirmed 

8 by the President of the United States, the Prime 

9 Minister of the United Kingdom, and the Prime 

10 Minister of Australia on April 5, 2022. 

11 (c) PERSONNEL TO SUPPORT THE SENIOR ADVI12 SOR.—The Secretary shall ensure that the Senior Advisor 

13 is adequately staffed, including through encouraging de14 tails, or assignment of employees of the Department, with 

15 expertise related to the implementation of the AUKUS 

16 partnership, including staff with expertise in— 

17 (1) nuclear policy, including nonproliferation; 

18 (2) defense trade and security cooperation, in19 cluding security assistance; and 

20 (3) relations with respect to political-military 

21 issues in the Indo-Pacific and Europe. 

22 (d) NOTIFICATION.—Not later than 180 days after 

23 the date of the enactment of this Act, and not later than 

24 90 days after a Senior Advisor assumes such position, the 

25 Secretary shall notify the appropriate congressional com-
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1 mittees of the number of full-time equivalent positions, rel2 evant expertise, and duties of any employees of the De3 partment or detailees supporting the Senior Advisor. 

4 (e) SUNSET.— 

5 (1) IN GENERAL.—The position of the Senior 

6 Advisor for the AUKUS partnership shall terminate 

7 on the date that is 8 years after the date of the en8 actment of this Act. 

9 (2) RENEWAL.—The Secretary may renew the 

10 position of the Senior Advisor for the AUKUS part11 nership for 1 additional period of 4 years, following 

12 notification to the appropriate congressional commit13 tees of the renewal. 

14 Subtitle B—Authorization for 

15 AUKUS Submarine Training 

16 SEC. 6823. AUSTRALIA, UNITED KINGDOM, AND UNITED 

17 STATES SUBMARINE SECURITY TRAINING. 

18 (a) IN GENERAL.—The President may transfer or ex19 port directly to private individuals in Australia defense 

20 services that may be transferred to the Government of 

21 Australia under the Arms Export Control Act (22 U.S.C. 

22 2751 et seq.) to support the development of the submarine 

23 industrial base of Australia necessary for submarine secu24 rity activities between Australia, the United Kingdom, and 

25 the United States, including if such individuals are not 
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1 officers, employees, or agents of the Government of Aus2 tralia. 

3 (b) SECURITY CONTROLS.— 

4 (1) IN GENERAL.—Any defense service trans5 ferred or exported under subsection (a) shall be sub6 ject to appropriate security controls to ensure that 

7 any sensitive information conveyed by such transfer 

8 or export is protected from disclosure to persons un9 authorized by the United States to receive such in10 formation. 

11 (2) CERTIFICATION.—Not later than 30 days 

12 before the first transfer or export of a defense serv13 ice under subsection (a), and annually thereafter, 

14 the President shall certify to the Committee on For15 eign Relations of the Senate and the Committee on 

16 Foreign Affairs of the House of Representatives that 

17 the controls described in paragraph (1) will protect 

18 the information described in such paragraph for the 

19 defense services so transferred or exported. 

20 (c) APPLICATION OF REQUIREMENTS FOR RE21 TRANSFER AND REEXPORT.—Any person who receives 

22 any defense service transferred or exported under sub23 section (a) may retransfer or reexport such service to 

24 other persons only in accordance with the requirements 

25 of the Arms Export Control Act (22 U.S.C. 2751 et seq.). 
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1 Subtitle C—Streamlining and Pro2 tecting Transfers of United 

3 States Military Technology 

4 From Compromise 

5 SEC. 6831. PRIORITY FOR AUSTRALIA AND THE UNITED 

6 KINGDOM IN FOREIGN MILITARY SALES AND 

7 DIRECT COMMERCIAL SALES. 

8 (a) IN GENERAL.—The President shall institute poli9 cies and procedures for letters of request from Australia 

10 and the United Kingdom to transfer defense articles and 

11 services under section 21 of the Arms Export Control Act 

12 (22 U.S.C. 2761) related to AUKUS to receive expedited 

13 consideration and processing relative to all other letters 

14 of request other than from Taiwan and Ukraine. 

15 (b) TECHNOLOGY TRANSFER POLICY FOR AUS16 TRALIA, CANADA, AND THE UNITED KINGDOM.— 

17 (1) IN GENERAL.—The Secretary, in consulta18 tion with the Secretary of Defense, shall create an 

19 anticipatory release policy for the transfer of tech20 nologies described in paragraph (2) to Australia, the 

21 United Kingdom, and Canada through Foreign Mili22 tary Sales and Direct Commercial Sales that are not 

23 covered by an exemption under the International 

24 Traffic in Arms Regulations. 
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1 (2) CAPABILITIES DESCRIBED.—The capabili2 ties described in this paragraph are— 

3 (A) Pillar One-related technologies associ4 ated with submarine and associated combat sys5 tems; and 

6 (B) Pillar Two-related technologies, includ7 ing hypersonic missiles, cyber capabilities, arti8 ficial intelligence, quantum technologies, under9 sea capabilities, and other advanced tech10 nologies. 

11 (3) EXPEDITED DECISION-MAKING.—Review of 

12 a transfer under the policy established under para13 graph (1) shall be subject to an expedited decision14 making process. 

15 (c) INTERAGENCY POLICY AND GUIDANCE.—The 

16 Secretary and the Secretary of Defense shall jointly review 

17 and update interagency policies and implementation guid18 ance related to requests for Foreign Military Sales and 

19 Direct Commercial Sales, including by incorporating the 

20 anticipatory release provisions of this section. 
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1 SEC. 6832. IDENTIFICATION AND PRE-CLEARANCE OF PLAT2 FORMS, TECHNOLOGIES, AND EQUIPMENT 

3 FOR SALE TO AUSTRALIA AND THE UNITED 

4 KINGDOM THROUGH FOREIGN MILITARY 

5 SALES AND DIRECT COMMERCIAL SALES. 

6 Not later than 90 days after the date of the enact7 ment of this Act, and on a biennial basis thereafter for 

8 8 years, the President shall submit to the Committee on 

9 Foreign Relations of the Senate and the Committee on 

10 Foreign Affairs of the House of Representatives a report 

11 that includes a list of advanced military platforms, tech12 nologies, and equipment that are pre-cleared and 

13 prioritized for sale and release to Australia, the United 

14 Kingdom and Canada through the Foreign Military Sales 

15 and Direct Commercial Sales programs without regard to 

16 whether a letter of request or license to purchase such 

17 platforms, technologies, or equipment has been received 

18 from any of such country. Each list may include items 

19 that are not related to the AUKUS partnership but may 

20 not include items that are not covered by an exemption 

21 under the International Traffic in Arms Regulations ex22 cept unmanned aerial or hypersonic systems. 
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1 SEC. 6833. EXPORT CONTROL EXEMPTIONS AND STAND2 ARDS. 

3 (a) IN GENERAL.—Section 38 of the Arms Export 

4 Control Act of 1976 (22 U.S.C. 2778) is amended by add5 ing at the end the following new subsection: 

6 ‘‘(l) AUKUS DEFENSE TRADE COOPERATION.— 

7 ‘‘(1) EXEMPTION FROM LICENSING AND AP8 PROVAL REQUIREMENTS.—Subject to paragraph (2) 

9 and notwithstanding any other provision of this sec10 tion, the Secretary of State may exempt from the li11 censing or other approval requirements of this sec12 tion exports and transfers (including reexports, re13 transfers, temporary imports, and brokering activi14 ties) of defense articles and defense services between 

15 or among the United States, the United Kingdom, 

16 and Australia that— 

17 ‘‘(A) are not excluded by those countries; 

18 ‘‘(B) are not referred to in sub19 section(j)(1)(C)(ii); and 

20 ‘‘(C) involve only persons or entities that 

21 are approved by— 

22 ‘‘(i) the Secretary of State; and 

23 ‘‘(ii) the Ministry of Defense, the Min24 istry of Foreign Affairs, or other similar 

25 authority within those countries. 
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1 ‘‘(2) LIMITATION.—The authority provided in 

2 subparagraph (1) shall not apply to any activity, in3 cluding exports, transfers, reexports, retransfers, 

4 temporary imports, or brokering, of United States 

5 defense articles and defense services involving any 

6 country or a person or entity of any country other 

7 than the United States, the United Kingdom, and 

8 Australia.’’. 

9 (b) REQUIRED STANDARDS OF EXPORT CON10 TROLS.—The Secretary may only exercise the authority 

11 under subsection (l)(1) of section 38 of the Arms Export 

12 Control Act of 1976, as added by subsection (a) of this 

13 section, with respect to the United Kingdom or Australia 

14 30 days after the Secretary submits to the appropriate 

15 congressional committees an unclassified certification and 

16 detailed unclassified assessment (which may include a 

17 classified annex) that the country concerned has imple18 mented standards for a system of export controls that sat19 isfies the elements of section 38(j)(2) of the Arms Export 

20 Control Act (22 U.S.C. 2778(j)(2)) for United States-ori21 gin defense articles and defense services, and for control22 ling the provision of military training, that are comparable 

23 to those standards administered by the United States in 

24 effect on the date of the enactment of this Act. 

25 (c) CERTAIN REQUIREMENTS NOT APPLICABLE.— 
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1 (1) IN GENERAL.—Paragraphs (1), (2), and (3) 

2 of section 3(d) of the Arms Export Control Act (22 

3 U.S.C. 2753(d)) shall not apply to any export or 

4 transfer that is the subject of an exemption under 

5 subsection (l)(1) of section 38 of the Arms Export 

6 Control Act of 1976, as added by subsection (a) of 

7 this section. 

8 (2) QUARTERLY REPORTS.—The Secretary 

9 shall— 

10 (A) require all exports and transfers that 

11 would be subject to the requirements of para12 graphs (1), (2), and (3) of section 3(d) of the 

13 Arms Export Control Act (22 U.S.C. 2753(d)) 

14 but for the application of subsection (l)(1) of 

15 section 38 of the Arms Export Control Act of 

16 1976, as added by subsection (a) of this sec17 tion, to be reported to the Secretary; and 

18 (B) submit such reports to the Committee 

19 on Foreign Relations of the Senate and Com20 mittee on Foreign Affairs of the House of Rep21 resentatives on a quarterly basis. 

22 (d) SUNSET.—Any exemption under subsection (l)(1) 

23 of section 38 of the Arms Export Control Act of 1976, 

24 as added by subsection (a) of this section, shall terminate 

25 on the date that is 15 years after the date of the enact-
1929 

†S 2226 ES

1 ment of this Act. The Secretary of State may renew such 

2 exemption for 5 years upon a certification to the Com3 mittee on Foreign Relations of the Senate and the Com4 mittee on Foreign Affairs of the House of Representatives 

5 that such exemption is in the vital national interest of the 

6 United States with a detailed justification for such certifi7 cation. 

8 (e) REPORTS.— 

9 (1) ANNUAL REPORT.— 

10 (A) IN GENERAL.—Not later than one year 

11 after the date of the enactment of this Act, and 

12 annually thereafter until no exemptions under 

13 subsection (l)(1) of section 38 of the Arms Ex14 port Control Act of 1976, as added by sub15 section (a) of this section, remain in effect, the 

16 Secretary shall submit to the Committee on 

17 Foreign Relations of the Senate and the Com18 mittee on Foreign Affairs of the House of Rep19 resentatives a report on the operation of exemp20 tions issued under such subsection (l)(1), in21 cluding whether any changes to such exemp22 tions are likely to be made in the coming year. 

23 (B) INITIAL REPORT.—The first report 

24 submitted under subparagraph (A) shall also 

25 include an assessment of key recommendations 
1930 

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1 the United States Government has provided to 

2 the Governments of Australia and the United 

3 Kingdom to revise laws, regulations, and poli4 cies of such countries that are required to im5 plement the AUKUS partnership. 

6 (2) REPORT ON EXPEDITED REVIEW OF EX7 PORT LICENSES FOR EXPORTS OF ADVANCED TECH8 NOLOGIES.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of State, 

10 in coordination with the Secretary of Defense, shall 

11 report on the practical application of a possible ‘‘fast 

12 track’’ decision-making process for applications, 

13 classified or unclassified, to export defense articles 

14 and defense services to Australia, the United King15 dom, and Canada. 

16 SEC. 6834. EXPEDITED REVIEW OF EXPORT LICENSES FOR 

17 EXPORTS OF ADVANCED TECHNOLOGIES TO 

18 AUSTRALIA, THE UNITED KINGDOM, AND 

19 CANADA. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act, the Secretary, in coordi22 nation with the Secretary of Defense, shall initiate a rule23 making to establish an expedited decision-making process, 

24 classified or unclassified, for applications to export to Aus25 tralia, the United Kingdom, and Canada commercial, ad-
1931 

†S 2226 ES

1 vanced-technology defense articles and defense services 

2 that are not covered by an exemption under the Inter3 national Traffic in Arms Regulations. 

4 (b) ELIGIBILITY.—To qualify for the expedited deci5 sion-making process described in subsection (a), an appli6 cation shall be for an export of defense articles or defense 

7 services that will take place wholly within or between the 

8 physical territory of Australia, Canada, or the United 

9 Kingdom and the United States and with governments or 

10 corporate entities from such countries. 

11 (c) AVAILABILITY OF EXPEDITED PROCESS.—The 

12 expedited decision-making process described in subsection 

13 (a) shall be available for both classified and unclassified 

14 items, and the process must satisfy the following criteria 

15 to the extent practicable: 

16 (1) Any licensing application to export defense 

17 articles and services that is related to a government 

18 to government agreement must be approved, re19 turned, or denied within 30 days of submission. 

20 (2) For all other licensing requests, any review 

21 shall be completed not later than 45 calendar days 

22 after the date of application. 

23 SEC. 6835. UNITED STATES MUNITIONS LIST. 

24 (a) EXEMPTION FOR THE GOVERNMENTS OF THE

25 UNITED KINGDOM AND AUSTRALIA FROM CERTIFI-
1932 

†S 2226 ES

1 CATION AND CONGRESSIONAL NOTIFICATION REQUIRE2 MENTS APPLICABLE TO CERTAIN TRANSFERS.—Section 

3 38(f)(3) of the Arms Export Control Act (22 U.S.C. 

4 2778(f)(3)) is amended by inserting ‘‘, the United King5 dom, or Australia’’ after ‘‘Canada’’. 

6 (b) UNITED STATES MUNITIONS LIST PERIODIC RE7 VIEWS.— 

8 (1) IN GENERAL.—The Secretary, acting 

9 through authority delegated by the President to 

10 carry out periodic reviews of items on the United 

11 States Munitions List under section 38(f) of the 

12 Arms Export Control Act (22 U.S.C. 2778(f)) and 

13 in coordination with the Secretary of Defense, the 

14 Secretary of Energy, the Secretary of Commerce, 

15 and the Director of the Office of Management and 

16 Budget, shall carry out such reviews not less fre17 quently than every 3 years. 

18 (2) SCOPE.—The periodic reviews described in 

19 paragraph (1) shall focus on matters including— 

20 (A) interagency resources to address cur21 rent threats faced by the United States; 

22 (B) the evolving technological and eco23 nomic landscape; 
1933 

†S 2226 ES

1 (C) the widespread availability of certain 

2 technologies and items on the United States 

3 Munitions List; and 

4 (D) risks of misuse of United States-origin 

5 defense articles. 

6 (3) CONSULTATION.—The Department of State 

7 may consult with the Defense Trade Advisory Group 

8 (DTAG) and other interested parties in conducting 

9 the periodic review described in paragraph (1). 

10 Subtitle D—Other AUKUS Matters 

11 SEC. 6841. REPORTING RELATED TO THE AUKUS PARTNER12 SHIP. 

13 (a) REPORT ON INSTRUMENTS.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 the signature, conclusion, or other finalization of any 

16 non-binding instrument related to the AUKUS part17 nership, the President shall submit to the appro18 priate congressional committees the text of such in19 strument. 

20 (2) NON-DUPLICATION OF EFFORTS; RULE OF

21 CONSTRUCTION.—To the extent the text of a non22 binding instrument is submitted to the appropriate 

23 congressional committees pursuant to subsection (a), 

24 such text does not need to be submitted to Congress 

25 pursuant to section 112b(a)(1)(A)(ii) of title 1, 
1934 

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1 United States Code, as amended by section 5947 of 

2 the James M. Inhofe National Defense Authoriza3 tion Act for Fiscal Year 2023 (Public Law 117–263; 

4 136 Stat. 3476). Paragraph (1) shall not be con5 strued to relieve the executive branch of any other 

6 requirement of section 112b of title 1, United States 

7 Code, as amended so amended, or any other provi8 sion of law. 

9 (3) DEFINITIONS.—In this section: 

10 (A) IN GENERAL.—The term ‘‘text’’, with 

11 respect to a non-binding instrument, includes— 

12 (i) any annex, appendix, codicil, side 

13 agreement, side letter, or any document of 

14 similar purpose or function to the afore15 mentioned, regardless of the title of the 

16 document, that is entered into contempora17 neously and in conjunction with the non18 binding instrument; and 

19 (ii) any implementing agreement or 

20 arrangement, or any document of similar 

21 purpose or function to the aforementioned, 

22 regardless of the title of the document, 

23 that is entered into contemporaneously and 

24 in conjunction with the non-binding instru25 ment. 
1935 

†S 2226 ES

1 (B) CONTEMPORANEOUSLY AND IN CON2 JUNCTION WITH.—As used in subparagraph 

3 (A), the term ‘‘contemporaneously and in con4 junction with’’— 

5 (i) shall be construed liberally; and 

6 (ii) may not be interpreted to require 

7 any action to have occurred simultaneously 

8 or on the same day. 

9 (b) REPORT ON AUKUS PARTNERSHIP.— 

10 (1) IN GENERAL.—Not later than one year 

11 after the date of the enactment of this Act, and bi12 ennially thereafter, the Secretary, in coordination 

13 with the Secretary of Defense and other appropriate 

14 heads of agencies, shall submit to the appropriate 

15 congressional committees a report on the AUKUS 

16 partnership. 

17 (2) ELEMENTS.—Each report required under 

18 paragraph (1) shall include the following elements: 

19 (A) STRATEGY.— 

20 (i) An identification of the defensive 

21 military capability gaps and capacity short22 falls that the AUKUS partnership seeks to 

23 offset. 
1936 

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1 (ii) An explanation of the total cost to 

2 the United States associated with Pillar 

3 One of the AUKUS partnership. 

4 (iii) A detailed explanation of how en5 hanced access to the industrial base of 

6 Australia is contributing to strengthening 

7 the United States strategic position in 

8 Asia. 

9 (iv) A detailed explanation of the mili10 tary and strategic benefit provided by the 

11 improved access provided by naval bases of 

12 Australia. 

13 (v) A detailed assessment of how Aus14 tralia’s sovereign conventionally armed nu15 clear attack submarines contribute to 

16 United States defense and deterrence ob17 jectives in the Indo-Pacific region. 

18 (B) IMPLEMENT THE AUKUS PARTNER19 SHIP.— 

20 (i) Progress made on achieving the 

21 Optimal Pathway established for Aus22 tralia’s development of conventionally 

23 armed, nuclear-powered submarines, in24 cluding the following elements: 
1937 

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1 (I) A description of progress 

2 made by Australia, the United King3 dom, and the United States to con4 clude an Article 14 arrangement with 

5 the International Atomic Energy 

6 Agency. 

7 (II) A description of the status of 

8 efforts of Australia, the United King9 dom, and the United States to build 

10 the supporting infrastructure to base 

11 conventionally armed, nuclear-powered 

12 attack submarines. 

13 (III) Updates on the efforts by 

14 Australia, the United Kingdom, and 

15 the United States to train a workforce 

16 that can build, sustain, and operate 

17 conventionally armed, nuclear-powered 

18 attack submarines. 

19 (IV) A description of progress in 

20 establishing submarine support facili21 ties capable of hosting rotational 

22 forces in western Australia by 2027. 

23 (V) A description of progress 

24 made in improving United States sub25 marine production capabilities that 
1938 

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1 will enable the United States to 

2 meet— 

3 (aa) its objectives of pro4 viding up to five Virginia Class 

5 submarines to Australia by the 

6 early to mid-2030’s; and 

7 (bb) United States sub8 marine production requirements. 

9 (ii) Progress made on Pillar Two of 

10 the AUKUS partnership, including the fol11 lowing elements: 

12 (I) An assessment of the efforts 

13 of Australia, the United Kingdom, 

14 and the United States to enhance col15 laboration across the following eight 

16 trilateral lines of effort: 

17 (aa) Underseas capabilities. 

18 (bb) Quantum technologies. 

19 (cc) Artificial intelligence 

20 and autonomy. 

21 (dd) Advanced cyber capa22 bilities. 

23 (ee) Hypersonic and 

24 counter-hypersonic capabilities. 

25 (ff) Electronic warfare. 
1939 

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1 (gg) Innovation. 

2 (hh) Information sharing. 

3 (II) An assessment of any new 

4 lines of effort established. 

5 DIVISION G—UNIDENTIFIED 

6 ANOMALOUS PHENOMENA 

7 DISCLOSURE 

8 SEC. 9001. SHORT TITLE. 

9 This division may be cited as the ‘‘Unidentified 

10 Anomalous Phenomena Disclosure Act of 2023’’ or the 

11 ‘‘UAP Disclosure Act of 2023’’. 

12 SEC. 9002. FINDINGS, DECLARATIONS, AND PURPOSES. 

13 (a) FINDINGS AND DECLARATIONS.—Congress finds 

14 and declares the following: 

15 (1) All Federal Government records related to 

16 unidentified anomalous phenomena should be pre17 served and centralized for historical and Federal 

18 Government purposes. 

19 (2) All Federal Government records concerning 

20 unidentified anomalous phenomena should carry a 

21 presumption of immediate disclosure and all records 

22 should be eventually disclosed to enable the public to 

23 become fully informed about the history of the Fed24 eral Government’s knowledge and involvement sur25 rounding unidentified anomalous phenomena. 
1940 

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1 (3) Legislation is necessary to create an en2 forceable, independent, and accountable process for 

3 the public disclosure of such records. 

4 (4) Legislation is necessary because credible 

5 evidence and testimony indicates that Federal Gov6 ernment unidentified anomalous phenomena records 

7 exist that have not been declassified or subject to 

8 mandatory declassification review as set forth in Ex9 ecutive Order 13526 (50 U.S.C. 3161 note; relating 

10 to classified national security information) due in 

11 part to exemptions under the Atomic Energy Act of 

12 1954 (42 U.S.C. 2011 et seq.), as well as an over13 broad interpretation of ‘‘transclassified foreign nu14 clear information’’, which is also exempt from man15 datory declassification, thereby preventing public 

16 disclosure under existing provisions of law. 

17 (5) Legislation is necessary because section 552 

18 of title 5, United States Code (commonly referred to 

19 as the ‘‘Freedom of Information Act’’), as imple20 mented by the Executive branch of the Federal Gov21 ernment, has proven inadequate in achieving the 

22 timely public disclosure of Government unidentified 

23 anomalous phenomena records that are subject to 

24 mandatory declassification review. 
1941 

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1 (6) Legislation is necessary to restore proper 

2 oversight over unidentified anomalous phenomena 

3 records by elected officials in both the executive and 

4 legislative branches of the Federal Government that 

5 has otherwise been lacking as of the enactment of 

6 this Act. 

7 (7) Legislation is necessary to afford complete 

8 and timely access to all knowledge gained by the 

9 Federal Government concerning unidentified anoma10 lous phenomena in furtherance of comprehensive 

11 open scientific and technological research and devel12 opment essential to avoiding or mitigating potential 

13 technological surprise in furtherance of urgent na14 tional security concerns and the public interest. 

15 (b) PURPOSES.—The purposes of this division are— 

16 (1) to provide for the creation of the unidenti17 fied anomalous phenomena Records Collection at the 

18 National Archives and Records Administration; and 

19 (2) to require the expeditious public trans20 mission to the Archivist and public disclosure of 

21 such records. 

22 SEC. 9003. DEFINITIONS. 

23 In this division: 

24 (1) ARCHIVIST.—The term ‘‘Archivist’’ means 

25 the Archivist of the United States. 
1942 

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1 (2) CLOSE OBSERVER.—The term ‘‘close ob2 server’’ means anyone who has come into close prox3 imity to unidentified anomalous phenomena or non4 human intelligence. 

5 (3) COLLECTION.—The term ‘‘Collection’’ 

6 means the Unidentified Anomalous Phenomena 

7 Records Collection established under section 9004. 

8 (4) CONTROLLED DISCLOSURE CAMPAIGN

9 PLAN.—The term ‘‘Controlled Disclosure Campaign 

10 Plan’’ means the Controlled Disclosure Campaign 

11 Plan required by section 9009(c)(3). 

12 (5) CONTROLLING AUTHORITY.—The term 

13 ‘‘controlling authority’’ means any Federal, State, or 

14 local government department, office, agency, com15 mittee, commission, commercial company, academic 

16 institution, or private sector entity in physical pos17 session of technologies of unknown origin or biologi18 cal evidence of non-human intelligence. 

19 (6) DIRECTOR.—The term ‘‘Director’’ means 

20 the Director of the Office of Government Ethics. 

21 (7) EXECUTIVE AGENCY.—The term ‘‘Executive 

22 agency’’ means an Executive agency, as defined in 

23 subsection 552(f) of title 5, United States Code. 

24 (8) GOVERNMENT OFFICE.—The term ‘‘Govern25 ment office’’ means any department, office, agency, 
1943 

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1 committee, or commission of the Federal Govern2 ment and any independent office or agency without 

3 exception that has possession or control, including 

4 via contract or other agreement, of unidentified 

5 anomalous phenomena records. 

6 (9) IDENTIFICATION AID.—The term ‘‘identi7 fication aid’’ means the written description prepared 

8 for each record, as required in section 9004. 

9 (10) LEADERSHIP OF CONGRESS.—The term 

10 ‘‘leadership of Congress’’ means— 

11 (A) the majority leader of the Senate; 

12 (B) the minority leader of the Senate; 

13 (C) the Speaker of the House of Rep14 resentatives; and 

15 (D) the minority leader of the House of 

16 Representatives. 

17 (11) LEGACY PROGRAM.—The term ‘‘legacy 

18 program’’ means all Federal, State, and local gov19 ernment, commercial industry, academic, and private 

20 sector endeavors to collect, exploit, or reverse engi21 neer technologies of unknown origin or examine bio22 logical evidence of living or deceased non-human in23 telligence that pre-dates the date of the enactment 

24 of this Act. 
1944 

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1 (12) NATIONAL ARCHIVES.—The term ‘‘Na2 tional Archives’’ means the National Archives and 

3 Records Administration and all components thereof, 

4 including presidential archival depositories estab5 lished under section 2112 of title 44, United States 

6 Code. 

7 (13) NON-HUMAN INTELLIGENCE.—The term 

8 ‘‘non-human intelligence’’ means any sentient intel9 ligent non-human lifeform regardless of nature or ul10 timate origin that may be presumed responsible for 

11 unidentified anomalous phenomena or of which the 

12 Federal Government has become aware. 

13 (14) ORIGINATING BODY.—The term ‘‘origi14 nating body’’ means the Executive agency, Federal 

15 Government commission, committee of Congress, or 

16 other Governmental entity that created a record or 

17 particular information within a record. 

18 (15) PROSAIC ATTRIBUTION.—The term ‘‘pro19 saic attribution’’ means having a human (either for20 eign or domestic) origin and operating according to 

21 current, proven, and generally understood scientific 

22 and engineering principles and established laws-of23 nature and not attributable to non-human intel24 ligence. 
1945 

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1 (16) PUBLIC INTEREST.—The term ‘‘public in2 terest’’ means the compelling interest in the prompt 

3 public disclosure of unidentified anomalous phe4 nomena records for historical and Governmental 

5 purposes and for the purpose of fully informing the 

6 people of the United States about the history of the 

7 Federal Government’s knowledge and involvement 

8 surrounding unidentified anomalous phenomena. 

9 (17) RECORD.—The term ‘‘record’’ includes a 

10 book, paper, report, memorandum, directive, email, 

11 text, or other form of communication, or map, pho12 tograph, sound or video recording, machine-readable 

13 material, computerized, digitized, or electronic infor14 mation, including intelligence, surveillance, recon15 naissance, and target acquisition sensor data, re16 gardless of the medium on which it is stored, or 

17 other documentary material, regardless of its phys18 ical form or characteristics. 

19 (18) REVIEW BOARD.—The term ‘‘Review 

20 Board’’ means the Unidentified Anomalous Phe21 nomena Records Review Board established by sec22 tion 9007. 

23 (19) TECHNOLOGIES OF UNKNOWN ORIGIN.— 

24 The term ‘‘technologies of unknown origin’’ means 

25 any materials or meta-materials, ejecta, crash de-
1946 

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1 bris, mechanisms, machinery, equipment, assemblies 

2 or sub-assemblies, engineering models or processes, 

3 damaged or intact aerospace vehicles, and damaged 

4 or intact ocean-surface and undersea craft associ5 ated with unidentified anomalous phenomena or in6 corporating science and technology that lacks prosaic 

7 attribution or known means of human manufacture. 

8 (20) TEMPORARILY NON-ATTRIBUTED OB9 JECTS.— 

10 (A) IN GENERAL.—The term ‘‘temporarily 

11 non-attributed objects’’ means the class of ob12 jects that temporarily resist prosaic attribution 

13 by the initial observer as a result of environ14 mental or system limitations associated with the 

15 observation process that nevertheless ultimately 

16 have an accepted human origin or known phys17 ical cause. Although some unidentified anoma18 lous phenomena may at first be interpreted as 

19 temporarily non-attributed objects, they are not 

20 temporarily non-attributed objects, and the two 

21 categories are mutually exclusive. 

22 (B) INCLUSION.—The term ‘‘temporarily 

23 non-attributed objects’’ includes— 

24 (i) natural celestial, meteorological, 

25 and undersea weather phenomena; 
1947 

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1 (ii) mundane human-made airborne 

2 objects, clutter, and marine debris; 

3 (iii) Federal, State, and local govern4 ment, commercial industry, academic, and 

5 private sector aerospace platforms; 

6 (iv) Federal, State, and local govern7 ment, commercial industry, academic, and 

8 private sector ocean-surface and undersea 

9 vehicles; and 

10 (v) known foreign systems. 

11 (21) THIRD AGENCY.—The term ‘‘third agen12 cy’’ means a Government agency that originated a 

13 unidentified anomalous phenomena record that is in 

14 the possession of another Government agency. 

15 (22) UNIDENTIFIED ANOMALOUS PHE16 NOMENA.— 

17 (A) IN GENERAL.—The term ‘‘unidentified 

18 anomalous phenomena’’ means any object oper19 ating or judged capable of operating in outer20 space, the atmosphere, ocean surfaces, or un21 dersea lacking prosaic attribution due to per22 formance characteristics and properties not pre23 viously known to be achievable based upon com24 monly accepted physical principles. Unidentified 

25 anomalous phenomena are differentiated from 
1948 

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1 both attributed and temporarily non-attributed 

2 objects by one or more of the following 

3 observables: 

4 (i) Instantaneous acceleration absent 

5 apparent inertia. 

6 (ii) Hypersonic velocity absent a ther7 mal signature and sonic shockwave. 

8 (iii) Transmedium (such as space-to9 ground and air-to-undersea) travel. 

10 (iv) Positive lift contrary to known 

11 aerodynamic principles. 

12 (v) Multispectral signature control. 

13 (vi) Physical or invasive biological ef14 fects to close observers and the environ15 ment. 

16 (B) INCLUSIONS.—The term ‘‘unidentified 

17 anomalous phenomena’’ includes what were pre18 viously described as— 

19 (i) flying discs; 

20 (ii) flying saucers; 

21 (iii) unidentified aerial phenomena; 

22 (iv) unidentified flying objects 

23 (UFOs); and 

24 (v) unidentified submerged objects 

25 (USOs). 
1949 

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1 (23) UNIDENTIFIED ANOMALOUS PHENOMENA

2 RECORD.—The term ‘‘unidentified anomalous phe3 nomena record’’ means a record that is related to 

4 unidentified anomalous phenomena, technologies of 

5 unknown origin, or non-human intelligence (and all 

6 equivalent subjects by any other name with the spe7 cific and sole exclusion of temporarily non-attributed 

8 objects) that was created or made available for use 

9 by, obtained by, or otherwise came into the posses10 sion of— 

11 (A) the Executive Office of the President; 

12 (B) the Department of Defense and its 

13 progenitors, the Department of War and the 

14 Department of the Navy; 

15 (C) the Department of the Army; 

16 (D) the Department of the Navy; 

17 (E) the Department of the Air Force, spe18 cifically the Air Force Office of Special Inves19 tigations; 

20 (F) the Department of Energy and its pro21 genitors, the Manhattan Project, the Atomic 

22 Energy Commission, and the Energy Research 

23 and Development Administration; 

24 (G) the Office of the Director of National 

25 Intelligence; 
1950 

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1 (H) the Central Intelligence Agency and 

2 its progenitor, the Office of Strategic Services; 

3 (I) the National Reconnaissance Office; 

4 (J) the Defense Intelligence Agency; 

5 (K) the National Security Agency; 

6 (L) the National Geospatial-Intelligence 

7 Agency; 

8 (M) the National Aeronautics and Space 

9 Administration: 

10 (N) the Federal Bureau of Investigation; 

11 (O) the Federal Aviation Administration; 

12 (P) the National Oceanic and Atmospheric 

13 Administration; 

14 (Q) the Library of Congress; 

15 (R) the National Archives and Records Ad16 ministration; 

17 (S) any Presidential library; 

18 (T) any Executive agency; 

19 (U) any independent office or agency; 

20 (V) any other department, office, agency, 

21 committee, or commission of the Federal Gov22 ernment; 

23 (W) any State or local government depart24 ment, office, agency, committee, or commission 

25 that provided support or assistance or per-
1951 

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1 formed work, in connection with a Federal in2 quiry into unidentified anomalous phenomena, 

3 technologies of unknown origin, or non-human 

4 intelligence; and 

5 (X) any private sector person or entity for6 merly or currently under contract or some other 

7 agreement with the Federal Government. 

8 SEC. 9004. UNIDENTIFIED ANOMALOUS PHENOMENA 

9 RECORDS COLLECTION AT THE NATIONAL 

10 ARCHIVES AND RECORDS ADMINISTRATION. 

11 (a) ESTABLISHMENT.— 

12 (1) IN GENERAL.—(A) Not later than 60 days 

13 after the date of the enactment of this Act, the Ar14 chivist shall commence establishment of a collection 

15 of records in the National Archives to be known as 

16 the ‘‘Unidentified Anomalous Phenomena Records 

17 Collection’’. 

18 (B) In carrying out subparagraph (A), the Ar19 chivist shall ensure the physical integrity and origi20 nal provenance (or if indeterminate, the earliest his21 torical owner) of all records in the Collection. 

22 (C) The Collection shall consist of record copies 

23 of all Government, Government-provided, or Govern24 ment-funded records relating to unidentified anoma25 lous phenomena, technologies of unknown origin, 
1952 

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1 and non-human intelligence (or equivalent subjects 

2 by any other name with the specific and sole exclu3 sion of temporarily non-attributed objects), which 

4 shall be transmitted to the National Archives in ac5 cordance with section 2107 of title 44, United States 

6 Code. 

7 (D) The Archivist shall prepare and publish a 

8 subject guidebook and index to the Collection. 

9 (2) CONTENTS.—The Collection shall include 

10 the following: 

11 (A) All unidentified anomalous phenomena 

12 records, regardless of age or date of creation— 

13 (i) that have been transmitted to the 

14 National Archives or disclosed to the public 

15 in an unredacted form prior to the date of 

16 the enactment of this Act; 

17 (ii) that are required to be trans18 mitted to the National Archives; and 

19 (iii) that the disclosure of which is 

20 postponed under this Act. 

21 (B) A central directory comprised of iden22 tification aids created for each record trans23 mitted to the Archivist under section 9005. 

24 (C) All Review Board records as required 

25 by this Act. 
1953 

†S 2226 ES

1 (b) DISCLOSURE OF RECORDS.—All unidentified 

2 anomalous phenomena records transmitted to the National 

3 Archives for disclosure to the public shall— 

4 (1) be included in the Collection; and 

5 (2) be available to the public— 

6 (A) for inspection and copying at the Na7 tional Archives within 30 days after their trans8 mission to the National Archives; and 

9 (B) digitally via the National Archives on10 line database within a reasonable amount of 

11 time not to exceed 180 days thereafter. 

12 (c) FEES FOR COPYING.— 

13 (1) IN GENERAL.—The Archivist shall— 

14 (A) charge fees for copying unidentified 

15 anomalous phenomena records; and 

16 (B) grant waivers of such fees pursuant to 

17 the standards established by section 552(a)(4) 

18 of title 5, United States Code. 

19 (2) AMOUNT OF FEES.—The amount of a fee 

20 charged by the Archivist pursuant to paragraph 

21 (1)(A) for the copying of an unidentified anomalous 

22 phenomena record shall be such amount as the Ar23 chivist determines appropriate to cover the costs in24 curred by the National Archives in making and pro25 viding such copy, except that in no case may the 
1954 

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1 amount of the fee charged exceed the actual ex2 penses incurred by the National Archives in making 

3 and providing such copy. 

4 (d) ADDITIONAL REQUIREMENTS.— 

5 (1) USE OF FUNDS.—The Collection shall be 

6 preserved, protected, archived, digitized, and made 

7 available to the public at the National Archives and 

8 via the official National Archives online database 

9 using appropriations authorized, specified, and re10 stricted for use under the terms of this Act. 

11 (2) SECURITY OF RECORDS.—The National Se12 curity Program Office at the National Archives, in 

13 consultation with the National Archives Information 

14 Security Oversight Office, shall establish a program 

15 to ensure the security of the postponed unidentified 

16 anomalous phenomena records in the protected, and 

17 yet-to-be disclosed or classified portion of the Collec18 tion. 

19 (e) OVERSIGHT.— 

20 (1) SENATE.—The Committee on Homeland 

21 Security and Governmental Affairs of the Senate 

22 shall have continuing legislative oversight jurisdic23 tion in the Senate with respect to the Collection. 

24 (2) HOUSE OF REPRESENTATIVES.—The Com25 mittee on Oversight and Accountability of the House 
1955 

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1 of Representatives shall have continuing legislative 

2 oversight jurisdiction in the House of Representa3 tives with respect to the Collection. 

4 SEC. 9005. REVIEW, IDENTIFICATION, TRANSMISSION TO 

5 THE NATIONAL ARCHIVES, AND PUBLIC DIS6 CLOSURE OF UNIDENTIFIED ANOMALOUS 

7 PHENOMENA RECORDS BY GOVERNMENT OF8 FICES. 

9 (a) IDENTIFICATION, ORGANIZATION, AND PREPARA10 TION FOR TRANSMISSION.— 

11 (1) IN GENERAL.—As soon as practicable after 

12 the date of the enactment of this Act, each head of 

13 a Government office shall— 

14 (A) identify and organize records in the 

15 possession of the Government office or under 

16 the control of the Government office relating to 

17 unidentified anomalous phenomena; and 

18 (B) prepare such records for transmission 

19 to the Archivist for inclusion in the Collection. 

20 (2) PROHIBITIONS.—(A) No unidentified anom21 alous phenomena record shall be destroyed, altered, 

22 or mutilated in any way. 

23 (B) No unidentified anomalous phenomena 

24 record made available or disclosed to the public prior 

25 to the date of the enactment of this Act may be 
1956 

†S 2226 ES

1 withheld, redacted, postponed for public disclosure, 

2 or reclassified. 

3 (C) No unidentified anomalous phenomena 

4 record created by a person or entity outside the Fed5 eral Government (excluding names or identities con6 sistent with the requirements of section 9006) shall 

7 be withheld, redacted, postponed for public disclo8 sure, or reclassified. 

9 (b) CUSTODY OF UNIDENTIFIED ANOMALOUS PHE10 NOMENA RECORDS PENDING REVIEW.—During the re11 view by the heads of Government offices under subsection 

12 (c) and pending review activity by the Review Board, each 

13 head of a Government office shall retain custody of the 

14 unidentified anomalous phenomena records of the office 

15 for purposes of preservation, security, and efficiency, un16 less— 

17 (1) the Review Board requires the physical 

18 transfer of the records for purposes of conducting an 

19 independent and impartial review; 

20 (2) transfer is necessary for an administrative 

21 hearing or other Review Board function; or 

22 (3) it is a third agency record described in sub23 section (c)(2)(C). 

24 (c) REVIEW BY HEADS OF GOVERNMENT OFFICES.— 
1957 

†S 2226 ES

1 (1) IN GENERAL.—Not later than 300 days 

2 after the date of the enactment of this Act, each 

3 head of a Government office shall review, identify, 

4 and organize each unidentified anomalous phe5 nomena record in the custody or possession of the 

6 office for— 

7 (A) disclosure to the public; 

8 (B) review by the Review Board; and 

9 (C) transmission to the Archivist. 

10 (2) REQUIREMENTS.—In carrying out para11 graph (1), the head of a Government office shall— 

12 (A) determine which of the records of the 

13 office are unidentified anomalous phenomena 

14 records; 

15 (B) determine which of the unidentified 

16 anomalous phenomena records of the office 

17 have been officially disclosed or made publicly 

18 available in a complete and unredacted form; 

19 (C)(i) determine which of the unidentified 

20 anomalous phenomena records of the office, or 

21 particular information contained in such a 

22 record, was created by a third agency or by an23 other Government office; and 

24 (ii) transmit to a third agency or other 

25 Government office those records, or particular 
1958 

†S 2226 ES

1 information contained in those records, or com2 plete and accurate copies thereof; 

3 (D)(i) determine whether the unidentified 

4 anomalous phenomena records of the office or 

5 particular information in unidentified anoma6 lous phenomena records of the office are cov7 ered by the standards for postponement of pub8 lic disclosure under this division; and 

9 (ii) specify on the identification aid re10 quired by subsection (d) the applicable post11 ponement provision contained in section 9006; 

12 (E) organize and make available to the Re13 view Board all unidentified anomalous phe14 nomena records identified under subparagraph 

15 (D) the public disclosure of, which in-whole or 

16 in-part, may be postponed under this division; 

17 (F) organize and make available to the Re18 view Board any record concerning which the of19 fice has any uncertainty as to whether the 

20 record is an unidentified anomalous phenomena 

21 record governed by this division; 

22 (G) give precedence of work to— 

23 (i) the identification, review, and 

24 transmission of unidentified anomalous 

25 phenomena records not already publicly 
1959 

†S 2226 ES

1 available or disclosed as of the date of the 

2 enactment of this Act; 

3 (ii) the identification, review, and 

4 transmission of all records that most un5 ambiguously and definitively pertain to un6 identified anomalous phenomena, tech7 nologies of unknown origin, and non8 human intelligence; 

9 (iii) the identification, review, and 

10 transmission of unidentified anomalous 

11 phenomena records that on the date of the 

12 enactment of this Act are the subject of 

13 litigation under section 552 of title 5, 

14 United States Code; and 

15 (iv) the identification, review, and 

16 transmission of unidentified anomalous 

17 phenomena records with earliest prove18 nance when not inconsistent with clauses 

19 (i) through (iii) and otherwise feasible; and 

20 (H) make available to the Review Board 

21 any additional information and records that the 

22 Review Board has reason to believe the Review 

23 Board requires for conducting a review under 

24 this division. 
1960 

†S 2226 ES

1 (3) PRIORITY OF EXPEDITED REVIEW FOR DI2 RECTORS OF CERTAIN ARCHIVAL DEPOSITORIES.— 

3 The Director of each archival depository established 

4 under section 2112 of title 44, United States Code, 

5 shall have as a priority the expedited review for pub6 lic disclosure of unidentified anomalous phenomena 

7 records in the possession and custody of the deposi8 tory, and shall make such records available to the 

9 Review Board as required by this division. 

10 (d) IDENTIFICATION AIDS.— 

11 (1) IN GENERAL.—(A) Not later than 45 days 

12 after the date of the enactment of this Act, the Ar13 chivist, in consultation with the heads of such Gov14 ernment offices as the Archivist considers appro15 priate, shall prepare and make available to all Gov16 ernment offices a standard form of identification, or 

17 finding aid, for use with each unidentified anoma18 lous phenomena record subject to review under this 

19 division whether in hardcopy (physical), softcopy 

20 (electronic), or digitized data format as may be ap21 propriate. 

22 (B) The Archivist shall ensure that the identi23 fication aid program is established in such a manner 

24 as to result in the creation of a uniform system for 

25 cataloging and finding every unidentified anomalous 
1961 

†S 2226 ES

1 phenomena record subject to review under this divi2 sion where ever and how ever stored in hardcopy 

3 (physical), softcopy (electronic), or digitized data 

4 format. 

5 (2) REQUIREMENTS FOR GOVERNMENT OF6 FICES.—Upon completion of an identification aid 

7 using the standard form of identification prepared 

8 and made available under subparagraph (A) of para9 graph (1) for the program established pursuant to 

10 subparagraph (B) of such paragraph, the head of a 

11 Government office shall— 

12 (A) attach a printed copy to each physical 

13 unidentified anomalous phenomena record, and 

14 an electronic copy to each softcopy or digitized 

15 data unidentified anomalous phenomena record, 

16 the identification aid describes; 

17 (B) transmit to the Review Board a print18 ed copy for each physical unidentified anoma19 lous phenomena record and an electronic copy 

20 for each softcopy or digitized data unidentified 

21 anomalous phenomena record the identification 

22 aid describes; and 

23 (C) attach a printed copy to each physical 

24 unidentified anomalous phenomena record, and 

25 an electronic copy to each softcopy or digitized 
1962 

†S 2226 ES

1 data unidentified anomalous phenomena record 

2 the identification aid describes, when trans3 mitted to the Archivist. 

4 (3) RECORDS OF THE NATIONAL ARCHIVES

5 THAT ARE PUBLICLY AVAILABLE.—Unidentified 

6 anomalous phenomena records which are in the pos7 session of the National Archives on the date of the 

8 enactment of this Act, and which have been publicly 

9 available in their entirety without redaction, shall be 

10 made available in the Collection without any addi11 tional review by the Review Board or another au12 thorized office under this division, and shall not be 

13 required to have such an identification aid unless re14 quired by the Archivist. 

15 (e) TRANSMISSION TO THE NATIONAL ARCHIVES.— 

16 Each head of a Government office shall— 

17 (1) transmit to the Archivist, and make imme18 diately available to the public, all unidentified anom19 alous phenomena records of the Government office 

20 that can be publicly disclosed, including those that 

21 are publicly available on the date of the enactment 

22 of this Act, without any redaction, adjustment, or 

23 withholding under the standards of this division; and 

24 (2) transmit to the Archivist upon approval for 

25 postponement by the Review Board or upon comple-
1963 

†S 2226 ES

1 tion of other action authorized by this division, all 

2 unidentified anomalous phenomena records of the 

3 Government office the public disclosure of which has 

4 been postponed, in whole or in part, under the 

5 standards of this division, to become part of the pro6 tected, yet-to-be disclosed, or classified portion of 

7 the Collection. 

8 (f) CUSTODY OF POSTPONED UNIDENTIFIED ANOMA9 LOUS PHENOMENA RECORDS.—An unidentified anoma10 lous phenomena record the public disclosure of which has 

11 been postponed shall, pending transmission to the Archi12 vist, be held for reasons of security and preservation by 

13 the originating body until such time as the information 

14 security program has been established at the National Ar15 chives as required in section 9004(d)(2). 

16 (g) PERIODIC REVIEW OF POSTPONED UNIDENTI17 FIED ANOMALOUS PHENOMENA RECORDS.— 

18 (1) IN GENERAL.—All postponed or redacted 

19 records shall be reviewed periodically by the origi20 nating agency and the Archivist consistent with the 

21 recommendations of the Review Board in the Con22 trolled Disclosure Campaign Plan under section 

23 9009(c)(3)(B). 

24 (2) REQUIREMENTS.—(A) A periodic review 

25 under paragraph (1) shall address the public disclo-
1964 

†S 2226 ES

1 sure of additional unidentified anomalous phe2 nomena records in the Collection under the stand3 ards of this division. 

4 (B) All postponed unidentified anomalous phe5 nomena records determined to require continued 

6 postponement shall require an unclassified written 

7 description of the reason for such continued post8 ponement relevant to these specific records. Such de9 scription shall be provided to the Archivist and pub10 lished in the Federal Register upon determination. 

11 (C) The time and release requirements specified 

12 in the Controlled Disclosure Campaign Plan shall be 

13 revised or amended only if the Review Board is still 

14 in session and concurs with the rationale for post15 ponement, subject to the limitations in section 

16 9009(d)(1). 

17 (D) The periodic review of postponed unidenti18 fied anomalous phenomena records shall serve to 

19 downgrade and declassify security classified informa20 tion. 

21 (E) Each unidentified anomalous phenomena 

22 record shall be publicly disclosed in full, and avail23 able in the Collection, not later than the date that 

24 is 25 years after the date of the first creation of the 
1965 

†S 2226 ES

1 record by the originating body, unless the President 

2 certifies, as required by this division, that— 

3 (i) continued postponement is made nec4 essary by an identifiable harm to the military 

5 defense, intelligence operations, law enforce6 ment, or conduct of foreign relations; and 

7 (ii) the identifiable harm is of such gravity 

8 that it outweighs the public interest in disclo9 sure. 

10 (h) REQUIREMENTS FOR EXECUTIVE AGENCIES.— 

11 (1) IN GENERAL.—Executive agencies shall— 

12 (A) transmit digital records electronically 

13 in accordance with section 2107 of title 44, 

14 United States Code; 

15 (B) charge fees for copying unidentified 

16 anomalous phenomena records; and 

17 (C) grant waivers of such fees pursuant to 

18 the standards established by section 552(a)(4) 

19 of title 5, United States Code. 

20 (2) AMOUNT OF FEES.—The amount of a fee 

21 charged by the head of an Executive agency pursu22 ant to paragraph (1)(B) for the copying of an un23 identified anomalous phenomena record shall be 

24 such amount as the head determines appropriate to 

25 cover the costs incurred by the Executive agency in 
1966 

†S 2226 ES

1 making and providing such copy, except that in no 

2 case may the amount of the fee charged exceed the 

3 actual expenses incurred by the Executive agency in 

4 making and providing such copy. 

5 SEC. 9006. GROUNDS FOR POSTPONEMENT OF PUBLIC DIS6 CLOSURE OF UNIDENTIFIED ANOMALOUS 

7 PHENOMENA RECORDS. 

8 Disclosure of unidentified anomalous phenomena 

9 records or particular information in unidentified anoma10 lous phenomena records to the public may be postponed 

11 subject to the limitations of this division if there is clear 

12 and convincing evidence that— 

13 (1) the threat to the military defense, intel14 ligence operations, or conduct of foreign relations of 

15 the United States posed by the public disclosure of 

16 the unidentified anomalous phenomena record is of 

17 such gravity that it outweighs the public interest in 

18 disclosure, and such public disclosure would reveal— 

19 (A) an intelligence agent whose identity 

20 currently requires protection; 

21 (B) an intelligence source or method which 

22 is currently utilized, or reasonably expected to 

23 be utilized, by the Federal Government and 

24 which has not been officially disclosed, the dis-
1967 

†S 2226 ES

1 closure of which would interfere with the con2 duct of intelligence activities; or 

3 (C) any other matter currently relating to 

4 the military defense, intelligence operations, or 

5 conduct of foreign relations of the United 

6 States, the disclosure of which would demon7 strably and substantially impair the national se8 curity of the United States; 

9 (2) the public disclosure of the unidentified 

10 anomalous phenomena record would reveal the name 

11 or identity of a living person who provided confiden12 tial information to the Federal Government and 

13 would pose a substantial risk of harm to that per14 son; 

15 (3) the public disclosure of the unidentified 

16 anomalous phenomena record could reasonably be 

17 expected to constitute an unwarranted invasion of 

18 personal privacy, and that invasion of privacy is so 

19 substantial that it outweighs the public interest; or 

20 (4) the public disclosure of the unidentified 

21 anomalous phenomena record would compromise the 

22 existence of an understanding of confidentiality cur23 rently requiring protection between a Federal Gov24 ernment agent and a cooperating individual or a for-
1968 

†S 2226 ES

1 eign government, and public disclosure would be so 

2 harmful that it outweighs the public interest. 

3 SEC. 9007. ESTABLISHMENT AND POWERS OF THE UNIDEN4 TIFIED ANOMALOUS PHENOMENA RECORDS 

5 REVIEW BOARD. 

6 (a) ESTABLISHMENT.—There is established as an 

7 independent agency a board to be known as the ‘‘Unidenti8 fied Anomalous Phenomena Records Review Board’’. 

9 (b) APPOINTMENT.— 

10 (1) IN GENERAL.—The President, by and with 

11 the advice and consent of the Senate, shall appoint, 

12 without regard to political affiliation, 9 citizens of 

13 the United States to serve as members of the Review 

14 Board to ensure and facilitate the review, trans15 mission to the Archivist, and public disclosure of 

16 government records relating to unidentified anoma17 lous phenomena. 

18 (2) PERIOD FOR NOMINATIONS.—(A) The 

19 President shall make nominations to the Review 

20 Board not later than 90 calendar days after the date 

21 of the enactment of this Act. 

22 (B) If the Senate votes not to confirm a nomi23 nation to the Review Board, the President shall 

24 make an additional nomination not later than 30 

25 days thereafter. 
1969 

†S 2226 ES

1 (3) CONSIDERATION OF RECOMMENDATIONS.— 

2 (A) The President shall make nominations to the 

3 Review Board after considering persons rec4 ommended by the following: 

5 (i) The majority leader of the Senate. 

6 (ii) The minority leader of the Senate. 

7 (iii) The Speaker of the House of Rep8 resentatives. 

9 (iv) The minority leader of the House of 

10 Representatives. 

11 (v) The Secretary of Defense. 

12 (vi) The National Academy of Sciences. 

13 (vii) Established nonprofit research organi14 zations relating to unidentified anomalous phe15 nomena. 

16 (viii) The American Historical Association. 

17 (ix) Such other persons and organizations 

18 as the President considers appropriate. 

19 (B) If an individual or organization described in 

20 subparagraph (A) does not recommend at least 2 

21 nominees meeting the qualifications stated in para22 graph (5) by the date that is 45 days after the date 

23 of the enactment of this Act, the President shall 

24 consider for nomination the persons recommended 
1970 

†S 2226 ES

1 by the other individuals and organizations described 

2 in such subparagraph. 

3 (C) The President may request an individual or 

4 organization described in subparagraph (A) to sub5 mit additional nominations. 

6 (4) QUALIFICATIONS.—Persons nominated to 

7 the Review Board— 

8 (A) shall be impartial citizens, none of 

9 whom shall have had any previous or current 

10 involvement with any legacy program or con11 trolling authority relating to the collection, ex12 ploitation, or reverse engineering of technologies 

13 of unknown origin or the examination of bio14 logical evidence of living or deceased non15 human intelligence; 

16 (B) shall be distinguished persons of high 

17 national professional reputation in their respec18 tive fields who are capable of exercising the 

19 independent and objective judgment necessary 

20 to the fulfillment of their role in ensuring and 

21 facilitating the review, transmission to the pub22 lic, and public disclosure of records related to 

23 the government’s understanding of, and activi24 ties associated with unidentified anomalous phe25 nomena, technologies of unknown origin, and 
1971 

†S 2226 ES

1 non-human intelligence and who possess an ap2 preciation of the value of such material to the 

3 public, scholars, and government; and 

4 (C) shall include at least— 

5 (i) 1 current or former national secu6 rity official; 

7 (ii) 1 current or former foreign service 

8 official; 

9 (iii) 1 scientist or engineer; 

10 (iv) 1 economist; 

11 (v) 1 professional historian; and 

12 (vi) 1 sociologist. 

13 (5) MANDATORY CONFLICTS OF INTEREST RE14 VIEW.— 

15 (A) IN GENERAL.—The Director shall con16 duct a review of each individual nominated and 

17 appointed to the position of member of the Re18 view Board to ensure the member does not have 

19 any conflict of interest during the term of the 

20 service of the member. 

21 (B) REPORTS.—During the course of the 

22 review under subparagraph (A), if the Director 

23 becomes aware that the member being reviewed 

24 possesses a conflict of interest to the mission of 

25 the Review Board, the Director shall, not later 
1972 

†S 2226 ES

1 than 30 days after the date on which the Direc2 tor became aware of the conflict of interest, 

3 submit to the Committee on Homeland Security 

4 and Governmental Affairs of the Senate and the 

5 Committee on Oversight and Accountability of 

6 the House of Representatives a report on the 

7 conflict of interest. 

8 (c) SECURITY CLEARANCES.— 

9 (1) IN GENERAL.—All Review Board nominees 

10 shall be granted the necessary security clearances 

11 and accesses, including any and all relevant Presi12 dential, departmental, and agency special access pro13 grams, in an accelerated manner subject to the 

14 standard procedures for granting such clearances. 

15 (2) QUALIFICATION FOR NOMINEES.—All nomi16 nees for appointment to the Review Board under 

17 subsection (b) shall qualify for the necessary security 

18 clearances and accesses prior to being considered for 

19 confirmation by the Committee on Homeland Secu20 rity and Governmental Affairs of the Senate. 

21 (d) CONSIDERATION BY THE SENATE.—Nominations 

22 for appointment under subsection (b) shall be referred to 

23 the Committee on Homeland Security and Governmental 

24 Affairs of the Senate for consideration. 
1973 

†S 2226 ES

1 (e) VACANCY.—A vacancy on the Review Board shall 

2 be filled in the same manner as specified for original ap3 pointment within 30 days of the occurrence of the vacancy. 

4 (f) REMOVAL OF REVIEW BOARD MEMBER.— 

5 (1) IN GENERAL.—No member of the Review 

6 Board shall be removed from office, other than— 

7 (A) by impeachment and conviction; or 

8 (B) by the action of the President for inef9 ficiency, neglect of duty, malfeasance in office, 

10 physical disability, mental incapacity, or any 

11 other condition that substantially impairs the 

12 performance of the member’s duties. 

13 (2) NOTICE OF REMOVAL.—(A) If a member of 

14 the Review Board is removed from office, and that 

15 removal is by the President, not later than 10 days 

16 after the removal, the President shall submit to the 

17 leadership of Congress, the Committee on Homeland 

18 Security and Governmental Affairs of the Senate 

19 and the Committee on Oversight and Reform of the 

20 House of Representatives a report specifying the 

21 facts found and the grounds for the removal. 

22 (B) The President shall publish in the Federal 

23 Register a report submitted under subparagraph 

24 (A), except that the President may, if necessary to 

25 protect the rights of a person named in the report 
1974 

†S 2226 ES

1 or to prevent undue interference with any pending 

2 prosecution, postpone or refrain from publishing any 

3 or all of the report until the completion of such 

4 pending cases or pursuant to privacy protection re5 quirements in law. 

6 (3) JUDICIAL REVIEW.—(A) A member of the 

7 Review Board removed from office may obtain judi8 cial review of the removal in a civil action com9 menced in the United States District Court for the 

10 District of Columbia. 

11 (B) The member may be reinstated or granted 

12 other appropriate relief by order of the court. 

13 (g) COMPENSATION OF MEMBERS.— 

14 (1) IN GENERAL.—A member of the Review 

15 Board, other than the Executive Director under sec16 tion 9008(c)(1), shall be compensated at a rate 

17 equal to the daily equivalent of the annual rate of 

18 basic pay prescribed for level IV of the Executive 

19 Schedule under section 5315 of title 5, United 

20 States Code, for each day (including travel time) 

21 during which the member is engaged in the perform22 ance of the duties of the Review Board. 

23 (2) TRAVEL EXPENSES.—A member of the Re24 view Board shall be allowed reasonable travel ex25 penses, including per diem in lieu of subsistence, at 
1975 

†S 2226 ES

1 rates for employees of agencies under subchapter I 

2 of chapter 57 of title 5, United States Code, while 

3 away from the member’s home or regular place of 

4 business in the performance of services for the Re5 view Board. 

6 (h) DUTIES OF THE REVIEW BOARD.— 

7 (1) IN GENERAL.—The Review Board shall con8 sider and render decisions on a determination by a 

9 Government office to seek to postpone the disclosure 

10 of unidentified anomalous phenomena records. 

11 (2) CONSIDERATIONS AND RENDERING OF DE12 CISIONS.—In carrying out paragraph (1), the Review 

13 Board shall consider and render decisions— 

14 (A) whether a record constitutes a uniden15 tified anomalous phenomena record; and 

16 (B) whether a unidentified anomalous phe17 nomena record or particular information in a 

18 record qualifies for postponement of disclosure 

19 under this division. 

20 (i) POWERS.— 

21 (1) IN GENERAL.—The Review Board shall 

22 have the authority to act in a manner prescribed 

23 under this division, including authority— 
1976 

†S 2226 ES

1 (A) to direct Government offices to com2 plete identification aids and organize unidenti3 fied anomalous phenomena records; 

4 (B) to direct Government offices to trans5 mit to the Archivist unidentified anomalous 

6 phenomena records as required under this divi7 sion, including segregable portions of unidenti8 fied anomalous phenomena records and sub9 stitutes and summaries of unidentified anoma10 lous phenomena records that can be publicly 

11 disclosed to the fullest extent; 

12 (C)(i) to obtain access to unidentified 

13 anomalous phenomena records that have been 

14 identified and organized by a Government of15 fice; 

16 (ii) to direct a Government office to make 

17 available to the Review Board, and if necessary 

18 investigate the facts surrounding, additional in19 formation, records, or testimony from individ20 uals which the Review Board has reason to be21 lieve are required to fulfill its functions and re22 sponsibilities under this division; and 

23 (iii) request the Attorney General to sub24 poena private persons to compel testimony, 
1977 

†S 2226 ES

1 records, and other information relevant to its 

2 responsibilities under this division; 

3 (D) require any Government office to ac4 count in writing for the destruction of any 

5 records relating to unidentified anomalous phe6 nomena, technologies of unknown origin, or 

7 non-human intelligence; 

8 (E) receive information from the public re9 garding the identification and public disclosure 

10 of unidentified anomalous phenomena records; 

11 (F) hold hearings, administer oaths, and 

12 subpoena witnesses and documents; 

13 (G) use the Federal Acquisition Service in 

14 the same manner and under the same condi15 tions as other Executive agencies; and 

16 (H) use the United States mails in the 

17 same manner and under the same conditions as 

18 other Executive agencies. 

19 (2) ENFORCEMENT OF SUBPOENA.—A sub20 poena issued under paragraph (1)(C)(iii) may be en21 forced by any appropriate Federal court acting pur22 suant to a lawful request of the Review Board. 

23 (j) WITNESS IMMUNITY.—The Review Board shall be 

24 considered to be an agency of the United States for pur25 poses of section 6001 of title 18, United States Code. Wit-
1978 

†S 2226 ES

1 nesses, close observers, and whistleblowers providing infor2 mation directly to the Review Board shall also be afforded 

3 the protections provided to such persons specified under 

4 section 1673(b) of the James M. Inhofe National Defense 

5 Authorization Act for Fiscal Year 2023 (50 U.S.C. 

6 3373b(b)). 

7 (k) OVERSIGHT.— 

8 (1) SENATE.—The Committee on Homeland 

9 Security and Governmental Affairs of the Senate 

10 shall have continuing legislative oversight jurisdic11 tion in the Senate with respect to the official con12 duct of the Review Board and the disposition of 

13 postponed records after termination of the Review 

14 Board, and shall have access to any records held or 

15 created by the Review Board. 

16 (2) HOUSE OF REPRESENTATIVES.—Unless 

17 otherwise determined appropriate by the House of 

18 Representatives, the Committee on Oversight and 

19 Accountability of the House of Representatives shall 

20 have continuing legislative oversight jurisdiction in 

21 the House of Representatives with respect to the of22 ficial conduct of the Review Board and the disposi23 tion of postponed records after termination of the 

24 Review Board, and shall have access to any records 

25 held or created by the Review Board. 
1979 

†S 2226 ES

1 (3) DUTY TO COOPERATE.—The Review Board 

2 shall have the duty to cooperate with the exercise of 

3 oversight jurisdiction described in this subsection. 

4 (4) SECURITY CLEARANCES.—The Chairmen 

5 and Ranking Members of the Committee on Home6 land Security and Governmental Affairs of the Sen7 ate and the Committee on Oversight and Account8 ability of the House of Representatives, and staff of 

9 such committees designated by such Chairmen and 

10 Ranking Members, shall be granted all security 

11 clearances and accesses held by the Review Board, 

12 including to relevant Presidential and department or 

13 agency special access and compartmented access 

14 programs. 

15 (l) SUPPORT SERVICES.—The Administrator of the 

16 General Services Administration shall provide administra17 tive services for the Review Board on a reimbursable basis. 

18 (m) INTERPRETIVE REGULATIONS.—The Review 

19 Board may issue interpretive regulations. 

20 (n) TERMINATION AND WINDING DOWN.— 

21 (1) IN GENERAL.—The Review Board and the 

22 terms of its members shall terminate not later than 

23 September 30, 2030, unless extended by Congress. 

24 (2) REPORTS.—Upon its termination, the Re25 view Board shall submit to the President and Con-
1980 

†S 2226 ES

1 gress reports, including a complete and accurate ac2 counting of expenditures during its existence and 

3 shall complete all other reporting requirements 

4 under this division. 

5 (3) TRANSFER OF RECORDS.—Upon termi6 nation and winding down, the Review Board shall 

7 transfer all of its records to the Archivist for inclu8 sion in the Collection, and no record of the Review 

9 Board shall be destroyed. 

10 SEC. 9008. UNIDENTIFIED ANOMALOUS PHENOMENA 

11 RECORDS REVIEW BOARD PERSONNEL. 

12 (a) EXECUTIVE DIRECTOR.— 

13 (1) APPOINTMENT.—Not later than 45 days 

14 after the date of the enactment of this Act, the 

15 President shall appoint 1 citizen of the United 

16 States, without regard to political affiliation, to the 

17 position of Executive Director of the Review Board. 

18 This position counts as 1 of the 9 Review Board 

19 members under section 9007(b)(1). 

20 (2) QUALIFICATIONS.—The person appointed as 

21 Executive Director shall be a private citizen of integ22 rity and impartiality who— 

23 (A) is a distinguished professional; and 

24 (B) is not a present employee of the Fed25 eral Government; and 
1981 

†S 2226 ES

1 (C) has had no previous or current involve2 ment with any legacy program or controlling 

3 authority relating to the collection, exploitation, 

4 or reverse engineering of technologies of un5 known origin or the examination of biological 

6 evidence of living or deceased non-human intel7 ligence. 

8 (3) MANDATORY CONFLICTS OF INTEREST RE9 VIEW.— 

10 (A) IN GENERAL.—The Director shall con11 duct a review of each individual appointed to 

12 the position of Executive Director to ensure the 

13 Executive Director does not have any conflict of 

14 interest during the term of the service of the 

15 Executive Director. 

16 (B) REPORTS.—During the course of the 

17 review under subparagraph (A), if the Director 

18 becomes aware that the Executive Director pos19 sesses a conflict of interest to the mission of the 

20 Review Board, the Director shall, not later than 

21 30 days after the date on which the Director 

22 became aware of the conflict of interest, submit 

23 to the Committee on Homeland Security and 

24 Governmental Affairs of the Senate and the 

25 Committee on Oversight and Accountability of 
1982 

†S 2226 ES

1 the House of Representatives a report on the 

2 conflict of interest. 

3 (4) SECURITY CLEARANCES.—(A) A candidate 

4 for Executive Director shall be granted all the nec5 essary security clearances and accesses, including to 

6 relevant Presidential and department or agency spe7 cial access and compartmented access programs in 

8 an accelerated manner subject to the standard pro9 cedures for granting such clearances. 

10 (B) A candidate shall qualify for the necessary 

11 security clearances and accesses prior to being ap12 pointed by the President. 

13 (5) FUNCTIONS.—The Executive Director 

14 shall— 

15 (A) serve as principal liaison to the Execu16 tive Office of the President and Congress; 

17 (B) serve as Chairperson of the Review 

18 Board; 

19 (C) be responsible for the administration 

20 and coordination of the Review Board’s review 

21 of records; 

22 (D) be responsible for the administration 

23 of all official activities conducted by the Review 

24 Board; 
1983 

†S 2226 ES

1 (E) exercise tie-breaking Review Board au2 thority to decide or determine whether any 

3 record should be disclosed to the public or post4 poned for disclosure; and 

5 (F) retain right-of-appeal directly to the 

6 President for decisions pertaining to executive 

7 branch unidentified anomalous phenomena 

8 records for which the Executive Director and 

9 Review Board members may disagree. 

10 (6) REMOVAL.—The Executive Director shall 

11 not be removed for reasons other for cause on the 

12 grounds of inefficiency, neglect of duty, malfeasance 

13 in office, physical disability, mental incapacity, or 

14 any other condition that substantially impairs the 

15 performance of the responsibilities of the Executive 

16 Director or the staff of the Review Board. 

17 (b) STAFF.— 

18 (1) IN GENERAL.—The Review Board, without 

19 regard to the civil service laws, may appoint and ter20 minate additional personnel as are necessary to en21 able the Review Board and its Executive Director to 

22 perform the duties of the Review Board. 

23 (2) QUALIFICATIONS.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraph (B), a person appointed to the 
1984 

†S 2226 ES

1 staff of the Review Board shall be a citizen of 

2 integrity and impartiality who has had no pre3 vious or current involvement with any legacy 

4 program or controlling authority relating to the 

5 collection, exploitation, or reverse engineering of 

6 technologies of unknown origin or the examina7 tion of biological evidence of living or deceased 

8 non-human intelligence. 

9 (B) CONSULTATION WITH DIRECTOR OF

10 THE OFFICE OF GOVERNMENT ETHICS.—In 

11 their consideration of persons to be appointed 

12 as staff of the Review Board under paragraph 

13 (1), the Review Board shall consult with the Di14 rector— 

15 (i) to determine criteria for possible 

16 conflicts of interest of staff of the Review 

17 Board, consistent with ethics laws, stat18 utes, and regulations for employees of the 

19 executive branch of the Federal Govern20 ment; and 

21 (ii) ensure that no person selected for 

22 such position of staff of the Review Board 

23 possesses a conflict of interests in accord24 ance with the criteria determined pursuant 

25 to clause (i). 
1985 

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1 (3) SECURITY CLEARANCES.—(A) A candidate 

2 for staff shall be granted the necessary security 

3 clearances (including all necessary special access 

4 program clearances) in an accelerated manner sub5 ject to the standard procedures for granting such 

6 clearances. 

7 (B)(i) The Review Board may offer conditional 

8 employment to a candidate for a staff position pend9 ing the completion of security clearance background 

10 investigations. During the pendency of such inves11 tigations, the Review Board shall ensure that any 

12 such employee does not have access to, or responsi13 bility involving, classified or otherwise restricted un14 identified anomalous phenomena record materials. 

15 (ii) If a person hired on a conditional basis 

16 under clause (i) is denied or otherwise does not qual17 ify for all security clearances necessary to carry out 

18 the responsibilities of the position for which condi19 tional employment has been offered, the Review 

20 Board shall immediately terminate the person’s em21 ployment. 

22 (4) SUPPORT FROM NATIONAL DECLASSIFICA23 TION CENTER.—The Archivist shall assign one rep24 resentative in full-time equivalent status from the 

25 National Declassification Center to advise and sup-
1986 

†S 2226 ES

1 port the Review Board disclosure postponement re2 view process in a non-voting staff capacity. 

3 (c) COMPENSATION.—Subject to such rules as may 

4 be adopted by the Review Board, without regard to the 

5 provisions of title 5, United States Code, governing ap6 pointments in the competitive service and without regard 

7 to the provisions of chapter 51 and subchapter III of chap8 ter 53 of that title relating to classification and General 

9 Schedule pay rates— 

10 (1) the Executive Director shall be compensated 

11 at a rate not to exceed the rate of basic pay for level 

12 II of the Executive Schedule and shall serve the en13 tire tenure as one full-time equivalent; and 

14 (2) the Executive Director shall appoint and fix 

15 compensation of such other personnel as may be 

16 necessary to carry out this division. 

17 (d) ADVISORY COMMITTEES.— 

18 (1) AUTHORITY.—The Review Board may cre19 ate advisory committees to assist in fulfilling the re20 sponsibilities of the Review Board under this divi21 sion. 

22 (2) FACA.—Any advisory committee created by 

23 the Review Board shall be subject to chapter 10 of 

24 title 5, United States Code. 
1987 

†S 2226 ES

1 (e) SECURITY CLEARANCE REQUIRED.—An indi2 vidual employed in any position by the Review Board (in3 cluding an individual appointed as Executive Director) 

4 shall be required to qualify for any necessary security 

5 clearance prior to taking office in that position, but may 

6 be employed conditionally in accordance with subsection 

7 (b)(3)(B) before qualifying for that clearance. 

8 SEC. 9009. REVIEW OF RECORDS BY THE UNIDENTIFIED 

9 ANOMALOUS PHENOMENA RECORDS REVIEW 

10 BOARD. 

11 (a) CUSTODY OF RECORDS REVIEWED BY REVIEW

12 BOARD.—Pending the outcome of a review of activity by 

13 the Review Board, a Government office shall retain cus14 tody of its unidentified anomalous phenomena records for 

15 purposes of preservation, security, and efficiency, unless— 

16 (1) the Review Board requires the physical 

17 transfer of records for reasons of conducting an 

18 independent and impartial review; or 

19 (2) such transfer is necessary for an adminis20 trative hearing or other official Review Board func21 tion. 

22 (b) STARTUP REQUIREMENTS.—The Review Board 

23 shall— 

24 (1) not later than 90 days after the date of its 

25 appointment, publish a schedule in the Federal Reg-
1988 

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1 ister for review of all unidentified anomalous phe2 nomena records; 

3 (2) not later than 180 days after the date of 

4 the enactment of this Act, begin its review of un5 identified anomalous phenomena records under this 

6 division; and 

7 (3) periodically thereafter as warranted, but not 

8 less frequently than semiannually, publish a revised 

9 schedule in the Federal Register addressing the re10 view and inclusion of any unidentified anomalous 

11 phenomena records subsequently discovered. 

12 (c) DETERMINATIONS OF THE REVIEW BOARD.— 

13 (1) IN GENERAL.—The Review Board shall di14 rect that all unidentified anomalous phenomena 

15 records be transmitted to the Archivist and disclosed 

16 to the public in the Collection in the absence of clear 

17 and convincing evidence that— 

18 (A) a Government record is not an uniden19 tified anomalous phenomena record; or 

20 (B) a Government record, or particular in21 formation within an unidentified anomalous 

22 phenomena record, qualifies for postponement 

23 of public disclosure under this division. 

24 (2) REQUIREMENTS.—In approving postpone25 ment of public disclosure of a unidentified anoma-
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1 lous phenomena record, the Review Board shall seek 

2 to— 

3 (A) provide for the disclosure of segregable 

4 parts, substitutes, or summaries of such a 

5 record; and 

6 (B) determine, in consultation with the 

7 originating body and consistent with the stand8 ards for postponement under this division, 

9 which of the following alternative forms of dis10 closure shall be made by the originating body: 

11 (i) Any reasonably segregable par12 ticular information in a unidentified anom13 alous phenomena record. 

14 (ii) A substitute record for that infor15 mation which is postponed. 

16 (iii) A summary of a unidentified 

17 anomalous phenomena record. 

18 (3) CONTROLLED DISCLOSURE CAMPAIGN

19 PLAN.—With respect to unidentified anomalous phe20 nomena records, particular information in unidenti21 fied anomalous phenomena records, recovered tech22 nologies of unknown origin, and biological evidence 

23 for non-human intelligence the public disclosure of 

24 which is postponed pursuant to section 9006, or for 

25 which only substitutions or summaries have been 
1990 

†S 2226 ES

1 disclosed to the public, the Review Board shall cre2 ate and transmit to the President, the Archivist, the 

3 Committee on Homeland Security and Governmental 

4 Affairs of the Senate, and the Committee on Over5 sight and Accountability of the House of Represent6 atives a Controlled Disclosure Campaign Plan, with 

7 classified appendix, containing— 

8 (A) a description of actions by the Review 

9 Board, the originating body, the President, or 

10 any Government office (including a justification 

11 of any such action to postpone disclosure of any 

12 record or part of any record) and of any official 

13 proceedings conducted by the Review Board 

14 with regard to specific unidentified anomalous 

15 phenomena records; and 

16 (B) a benchmark-driven plan, based upon 

17 a review of the proceedings and in conformity 

18 with the decisions reflected therein, recom19 mending precise requirements for periodic re20 view, downgrading, and declassification as well 

21 as the exact time or specified occurrence fol22 lowing which each postponed item may be ap23 propriately disclosed to the public under this di24 vision. 
1991 

†S 2226 ES

1 (4) NOTICE FOLLOWING REVIEW AND DETER2 MINATION.—(A) Following its review and a deter3 mination that a unidentified anomalous phenomena 

4 record shall be publicly disclosed in the Collection or 

5 postponed for disclosure and held in the protected 

6 Collection, the Review Board shall notify the head of 

7 the originating body of the determination of the Re8 view Board and publish a copy of the determination 

9 in the Federal Register within 14 days after the de10 termination is made. 

11 (B) Contemporaneous notice shall be made to 

12 the President for Review Board determinations re13 garding unidentified anomalous phenomena records 

14 of the executive branch of the Federal Government, 

15 and to the oversight committees designated in this 

16 division in the case of records of the legislative 

17 branch of the Federal Government. Such notice shall 

18 contain a written unclassified justification for public 

19 disclosure or postponement of disclosure, including 

20 an explanation of the application of any standards 

21 contained in section 9006. 

22 (d) PRESIDENTIAL AUTHORITY OVER REVIEW

23 BOARD DETERMINATION.— 

24 (1) PUBLIC DISCLOSURE OR POSTPONEMENT

25 OF DISCLOSURE.—After the Review Board has made 
1992 

†S 2226 ES

1 a formal determination concerning the public disclo2 sure or postponement of disclosure of an unidenti3 fied anomalous phenomena record of the executive 

4 branch of the Federal Government or information 

5 within such a record, or of any information con6 tained in a unidentified anomalous phenomena 

7 record, obtained or developed solely within the exec8 utive branch of the Federal Government, the Presi9 dent shall— 

10 (A) have the sole and nondelegable author11 ity to require the disclosure or postponement of 

12 such record or information under the standards 

13 set forth in section 9006; and 

14 (B) provide the Review Board with both an 

15 unclassified and classified written certification 

16 specifying the President’s decision within 30 

17 days after the Review Board’s determination 

18 and notice to the executive branch agency as re19 quired under this division, stating the justifica20 tion for the President’s decision, including the 

21 applicable grounds for postponement under sec22 tion 9006, accompanied by a copy of the identi23 fication aid required under section 9004. 

24 (2) PERIODIC REVIEW.—(A) Any unidentified 

25 anomalous phenomena record postponed by the 
1993 

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1 President shall henceforth be subject to the require2 ments of periodic review, downgrading, declassifica3 tion, and public disclosure in accordance with the 

4 recommended timeline and associated requirements 

5 specified in the Controlled Disclosure Campaign 

6 Plan unless these conflict with the standards set 

7 forth in section 9006. 

8 (B) This paragraph supersedes all prior declas9 sification review standards that may previously have 

10 been deemed applicable to unidentified anomalous 

11 phenomena records. 

12 (3) RECORD OF PRESIDENTIAL POSTPONE13 MENT.—The Review Board shall, upon its receipt— 

14 (A) publish in the Federal Register a copy 

15 of any unclassified written certification, state16 ment, and other materials transmitted by or on 

17 behalf of the President with regard to postpone18 ment of unidentified anomalous phenomena 

19 records; and 

20 (B) revise or amend recommendations in 

21 the Controlled Disclosure Campaign Plan ac22 cordingly. 

23 (e) NOTICE TO PUBLIC.—Every 30 calendar days, be24 ginning on the date that is 60 calendar days after the date 

25 on which the Review Board first approves the postpone-
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1 ment of disclosure of a unidentified anomalous phenomena 

2 record, the Review Board shall publish in the Federal Reg3 ister a notice that summarizes the postponements ap4 proved by the Review Board or initiated by the President, 

5 the Senate, or the House of Representatives, including a 

6 description of the subject, originating agency, length or 

7 other physical description, and each ground for postpone8 ment that is relied upon to the maximum extent classifica9 tion restrictions permitting. 

10 (f) REPORTS BY THE REVIEW BOARD.— 

11 (1) IN GENERAL.—The Review Board shall re12 port its activities to the leadership of Congress, the 

13 Committee on Homeland Security and Governmental 

14 Affairs of the Senate, the Committee on Oversight 

15 and Reform of the House of Representatives, the 

16 President, the Archivist, and the head of any Gov17 ernment office whose records have been the subject 

18 of Review Board activity. 

19 (2) FIRST REPORT.—The first report shall be 

20 issued on the date that is 1 year after the date of 

21 enactment of this Act, and subsequent reports every 

22 1 year thereafter until termination of the Review 

23 Board. 

24 (3) CONTENTS.—A report under paragraph (1) 

25 shall include the following information: 
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1 (A) A financial report of the expenses for 

2 all official activities and requirements of the 

3 Review Board and its personnel. 

4 (B) The progress made on review, trans5 mission to the Archivist, and public disclosure 

6 of unidentified anomalous phenomena records. 

7 (C) The estimated time and volume of un8 identified anomalous phenomena records in9 volved in the completion of the Review Board’s 

10 performance under this division. 

11 (D) Any special problems, including re12 quests and the level of cooperation of Govern13 ment offices, with regard to the ability of the 

14 Review Board to operate as required by this di15 vision. 

16 (E) A record of review activities, including 

17 a record of postponement decisions by the Re18 view Board or other related actions authorized 

19 by this division, and a record of the volume of 

20 records reviewed and postponed. 

21 (F) Suggestions and requests to Congress 

22 for additional legislative authority needs. 

23 (4) COPIES AND BRIEFS.—Coincident with the 

24 reporting requirements in paragraph (2), or more 

25 frequently as warranted by new information, the Re-
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1 view Board shall provide copies to, and fully brief, 

2 at a minimum the President, the Archivist, leader3 ship of Congress, the Chairmen and Ranking Mem4 bers of the Committee on Homeland Security and 

5 Governmental Affairs of the Senate and the Com6 mittee on Oversight and Accountability of the House 

7 of Representatives, and the Chairs and Chairmen, as 

8 the case may be, and Ranking Members and Vice 

9 Chairmen, as the case may be, of such other com10 mittees as leadership of Congress determines appro11 priate on the Controlled Disclosure Campaign Plan, 

12 classified appendix, and postponed disclosures, spe13 cifically addressing— 

14 (A) recommendations for periodic review, 

15 downgrading, and declassification as well as the 

16 exact time or specified occurrence following 

17 which specific unidentified anomalous phe18 nomena records and material may be appro19 priately disclosed; 

20 (B) the rationale behind each postpone21 ment determination and the recommended 

22 means to achieve disclosure of each postponed 

23 item; 

24 (C) any other findings that the Review 

25 Board chooses to offer; and 
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1 (D) an addendum containing copies of re2 ports of postponed records to the Archivist re3 quired under subsection (c)(3) made since the 

4 date of the preceding report under this sub5 section. 

6 (5) NOTICE.—At least 90 calendar days before 

7 completing its work, the Review Board shall provide 

8 written notice to the President and Congress of its 

9 intention to terminate its operations at a specified 

10 date. 

11 (6) BRIEFING THE ALL-DOMAIN ANOMALY RES12 OLUTION OFFICE.—Coincident with the provision in 

13 paragraph (5), if not accomplished earlier under 

14 paragraph (4), the Review Board shall brief the All15 domain Anomaly Resolution Office established pur16 suant to section 1683 of the National Defense Au17 thorization Act for Fiscal Year 2022 (50 U.S.C. 

18 3373), or its successor, as subsequently designated 

19 by Act of Congress, on the Controlled Disclosure 

20 Campaign Plan, classified appendix, and postponed 

21 disclosures. 
1998 

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1 SEC. 9010. DISCLOSURE OF RECOVERED TECHNOLOGIES 

2 OF UNKNOWN ORIGIN AND BIOLOGICAL EVI3 DENCE OF NON-HUMAN INTELLIGENCE. 

4 (a) EXERCISE OF EMINENT DOMAIN.—The Federal 

5 Government shall exercise eminent domain over any and 

6 all recovered technologies of unknown origin and biological 

7 evidence of non-human intelligence that may be controlled 

8 by private persons or entities in the interests of the public 

9 good. 

10 (b) AVAILABILITY TO REVIEW BOARD.—Any and all 

11 such material, should it exist, shall be made available to 

12 the Review Board for personal examination and subse13 quent disclosure determination at a location suitable to the 

14 controlling authority of said material and in a timely man15 ner conducive to the objectives of the Review Board in ac16 cordance with the requirements of this division. 

17 (c) ACTIONS OF REVIEW BOARD.—In carrying out 

18 subsection (b), the Review Board shall consider and render 

19 decisions— 

20 (1) whether the material examined constitutes 

21 technologies of unknown origin or biological evidence 

22 of non-human intelligence beyond a reasonable 

23 doubt; 

24 (2) whether recovered technologies of unknown 

25 origin, biological evidence of non-human intelligence, 
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1 or a particular subset of material qualifies for post2 ponement of disclosure under this division; and 

3 (3) what changes, if any, to the current disposi4 tion of said material should the Federal Government 

5 make to facilitate full disclosure. 

6 (d) REVIEW BOARD ACCESS TO TESTIMONY AND

7 WITNESSES.—The Review Board shall have access to all 

8 testimony from unidentified anomalous phenomena wit9 nesses, close observers and legacy program personnel and 

10 whistleblowers within the Federal Government’s posses11 sion as of and after the date of the enactment of this Act 

12 in furtherance of Review Board disclosure determination 

13 responsibilities in section 9007(h) and subsection (c) of 

14 this section. 

15 (e) SOLICITATION OF ADDITIONAL WITNESSES.— 

16 The Review Board shall solicit additional unidentified 

17 anomalous phenomena witness and whistleblower testi18 mony and afford protections under section 1673(b) of the 

19 James M. Inhofe National Defense Authorization Act for 

20 Fiscal Year 2023 (50 U.S.C. 3373b(b)) if deemed bene21 ficial in fulfilling Review Board responsibilities under this 

22 division. 

23 SEC. 9011. DISCLOSURE OF OTHER MATERIALS AND ADDI24 TIONAL STUDY. 

25 (a) MATERIALS UNDER SEAL OF COURT.— 
2000 

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1 (1) INFORMATION HELD UNDER SEAL OF A

2 COURT.—The Review Board may request the Attor3 ney General to petition any court in the United 

4 States or abroad to release any information relevant 

5 to unidentified anomalous phenomena, technologies 

6 of unknown origin, or non-human intelligence that is 

7 held under seal of the court. 

8 (2) INFORMATION HELD UNDER INJUNCTION

9 OF SECRETARY OF GRAND JURY.—(A) The Review 

10 Board may request the Attorney General to petition 

11 any court in the United States to release any infor12 mation relevant to unidentified anomalous phe13 nomena, technologies of unknown origin, or non14 human intelligence that is held under the injunction 

15 of secrecy of a grand jury. 

16 (B) A request for disclosure of unidentified 

17 anomalous phenomena, technologies of unknown ori18 gin, and non-human intelligence materials under this 

19 division shall be deemed to constitute a showing of 

20 particularized need under rule 6 of the Federal 

21 Rules of Criminal Procedure. 

22 (b) SENSE OF CONGRESS.—It is the sense of the 

23 Congress that— 

24 (1) the Attorney General should assist the Re25 view Board in good faith to unseal any records that 
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1 the Review Board determines to be relevant and held 

2 under seal by a court or under the injunction of se3 crecy of a grand jury; 

4 (2) the Secretary of State should contact any 

5 foreign government that may hold material relevant 

6 to unidentified anomalous phenomena, technologies 

7 of unknown origin, or non-human intelligence and 

8 seek disclosure of such material; and 

9 (3) all heads of Executive agencies should co10 operate in full with the Review Board to seek the 

11 disclosure of all material relevant to unidentified 

12 anomalous phenomena, technologies of unknown ori13 gin, and non-human intelligence consistent with the 

14 public interest. 

15 SEC. 9012. RULES OF CONSTRUCTION. 

16 (a) PRECEDENCE OVER OTHER LAW.—When this di17 vision requires transmission of a record to the Archivist 

18 or public disclosure, it shall take precedence over any 

19 other provision of law (except section 6103 of the Internal 

20 Revenue Code of 1986 specifying confidentiality and dis21 closure of tax returns and tax return information), judicial 

22 decision construing such provision of law, or common law 

23 doctrine that would otherwise prohibit such transmission 

24 or disclosure, with the exception of deeds governing access 
2002 

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1 to or transfer or release of gifts and donations of records 

2 to the United States Government. 

3 (b) FREEDOM OF INFORMATION ACT.—Nothing in 

4 this division shall be construed to eliminate or limit any 

5 right to file requests with any executive agency or seek 

6 judicial review of the decisions pursuant to section 552 

7 of title 5, United States Code. 

8 (c) JUDICIAL REVIEW.—Nothing in this division shall 

9 be construed to preclude judicial review, under chapter 7 

10 of title 5, United States Code, of final actions taken or 

11 required to be taken under this division. 

12 (d) EXISTING AUTHORITY.—Nothing in this division 

13 revokes or limits the existing authority of the President, 

14 any executive agency, the Senate, or the House of Rep15 resentatives, or any other entity of the Federal Govern16 ment to publicly disclose records in its possession. 

17 (e) RULES OF THE SENATE AND HOUSE OF REP18 RESENTATIVES.—To the extent that any provision of this 

19 division establishes a procedure to be followed in the Sen20 ate or the House of Representatives, such provision is 

21 adopted— 

22 (1) as an exercise of the rulemaking power of 

23 the Senate and House of Representatives, respec24 tively, and is deemed to be part of the rules of each 

25 House, respectively, but applicable only with respect 
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1 to the procedure to be followed in that House, and 

2 it supersedes other rules only to the extent that it 

3 is inconsistent with such rules; and 

4 (2) with full recognition of the constitutional 

5 right of either House to change the rules (so far as 

6 they relate to the procedure of that House) at any 

7 time, in the same manner, and to the same extent 

8 as in the case of any other rule of that House. 

9 SEC. 9013. TERMINATION OF EFFECT OF DIVISION. 

10 (a) PROVISIONS PERTAINING TO THE REVIEW

11 BOARD.—The provisions of this division that pertain to 

12 the appointment and operation of the Review Board shall 

13 cease to be effective when the Review Board and the terms 

14 of its members have terminated pursuant to section 

15 9007(n). 

16 (b) OTHER PROVISIONS.—(1) The remaining provi17 sions of this division shall continue in effect until such 

18 time as the Archivist certifies to the President and Con19 gress that all unidentified anomalous phenomena records 

20 have been made available to the public in accordance with 

21 this division. 

22 (2) In facilitation of the provision in paragraph (1), 

23 the All-domain Anomaly Resolution Office established pur24 suant to section 1683 of the National Defense Authoriza25 tion Act for Fiscal Year 2022 (50 U.S.C. 3373), or its 
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1 successor as subsequently designated by Act of Congress, 

2 shall develop standardized unidentified anomalous phe3 nomena declassification guidance applicable to any and all 

4 unidentified anomalous phenomena records generated by 

5 originating bodies subsequent to termination of the Review 

6 Board consistent with the requirements and intent of the 

7 Controlled Disclosure Campaign Plan with respect to un8 identified anomalous phenomena records originated prior 

9 to Review Board termination. 

10 SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated to carry out 

12 the provisions of this division $20,000,000 for fiscal year 

13 2024. 

14 SEC. 9015. SEVERABILITY. 

15 If any provision of this division or the application 

16 thereof to any person or circumstance is held invalid, the 

17 remainder of this division and the application of that pro18 vision to other persons not similarly situated or to other 

19 circumstances shall not be affected by the invalidation. 

20 DIVISION H—ARCHITECT OF 

21 THE CAPITOL APPOINTMENT 

22 ACT OF 2023 

23 SEC. 10001. SHORT TITLE. 

24 This division may be cited as the ‘‘Architect of the 

25 Capitol Appointment Act of 2023’’. 
2005 

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1 SEC. 10002. APPOINTMENT AND TERM OF SERVICE OF AR2 CHITECT OF THE CAPITOL. 

3 (a) APPOINTMENT.—The Architect of the Capitol 

4 shall be appointed, without regard to political affiliation 

5 and solely on the basis of fitness to perform the duties 

6 of the office, upon a majority vote of a congressional com7 mission (referred to in this section as the ‘‘commission’’) 

8 consisting of the Speaker of the House of Representatives, 

9 the majority leader of the Senate, the minority leaders of 

10 the House of Representatives and Senate, the chair and 

11 ranking minority member of the Committee on Appropria12 tions of the House of Representatives, the chairman and 

13 ranking minority member of the Committee on Appropria14 tions of the Senate, the chair and ranking minority mem15 ber of the Committee on House Administration of the 

16 House of Representatives, and the chairman and ranking 

17 minority member of the Committee on Rules and Adminis18 tration of the Senate. 

19 (b) TERM OF SERVICE.—The Architect of the Capitol 

20 shall be appointed for a term of 10 years and, upon a 

21 majority vote of the members of the commission, may be 

22 reappointed for additional 10-year terms. 

23 (c) REMOVAL.—The Architect of the Capitol may be 

24 removed from office at any time upon a majority vote of 

25 the members of the commission. 

26 (d) CONFORMING AMENDMENTS.— 
2006 

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1 (1) Section 319 of the Legislative Branch Ap2 propriations Act, 1990 (2 U.S.C. 1801) is repealed. 

3 (2) The matter under the heading ‘‘FOR THE

4 CAPITOL:’’ under the heading ‘‘DEPARTMENT OF 

5 THE INTERIOR.’’ of the Act of February 14, 1902 

6 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 

7 1811) is amended by striking ‘‘, and he shall be ap8 pointed by the President’’. 

9 (e) EFFECTIVE DATE.—This section, and the amend10 ments made by this section, shall apply with respect to 

11 appointments made on or after the date of enactment of 

12 this Act. 

13 SEC. 10003. APPOINTMENT OF DEPUTY ARCHITECT OF THE 

14 CAPITOL; VACANCY IN ARCHITECT OR DEP15 UTY ARCHITECT. 

16 Section 1203 of title I of division H of the Consoli17 dated Appropriations Resolution, 2003 (2 U.S.C. 1805) 

18 is amended— 

19 (1) in subsection (a)— 

20 (A) by inserting ‘‘(in this section referred 

21 to as the ‘Architect’)’’ after ‘‘The Architect of 

22 the Capitol’’; and 

23 (B) by inserting ‘‘(in this section referred 

24 to as the ‘Deputy Architect’)’’ after ‘‘Deputy 

25 Architect of the Capitol’’; 
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1 (2) by redesignating subsection (b) as sub2 section (c); 

3 (3) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b) DEADLINE.—The Architect shall appoint a Dep6 uty Architect under subsection (a) not later than 120 days 

7 after— 

8 ‘‘(1) the date on which the Architect is ap9 pointed under section 10002 of the Architect of the 

10 Capitol Appointment Act of 2023, if there is no 

11 Deputy Architect on the date of the appointment; or 

12 ‘‘(2) the date on which a vacancy arises in the 

13 office of the Deputy Architect.’’; 

14 (4) in subsection (c), as so redesignated, by 

15 striking ‘‘of the Capitol’’ each place it appears; and 

16 (5) by adding at the end the following: 

17 ‘‘(d) FAILURE TO APPOINT.—If the Architect does 

18 not appoint a Deputy Architect on or before the applicable 

19 date specified in subsection (b), the congressional commis20 sion described in section 10002(a) of the Architect of the 

21 Capitol Appointment Act of 2023 shall appoint the Deputy 

22 Architect by a majority vote of the members of the com23 mission. 

24 ‘‘(e) NOTIFICATION.—If the position of Deputy Ar25 chitect becomes vacant, the Architect shall immediately 
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1 notify the members of the congressional commission de2 scribed in section 10002(a) of the Architect of the Capitol 

3 Appointment Act of 2023.’’. 

4 SEC. 10004. DEPUTY ARCHITECT OF THE CAPITOL TO 

5 SERVE AS ACTING IN CASE OF ABSENCE, DIS6 ABILITY, OR VACANCY. 

7 (a) IN GENERAL.—The Deputy Architect of the Cap8 itol (in this section referred to as the ‘‘Deputy Architect’’) 

9 shall act as Architect of the Capitol (in this section re10 ferred to as the ‘‘Architect’’) if the Architect is absent or 

11 disabled or there is no Architect. 

12 (b) ABSENCE, DISABILITY, OR VACANCY IN OFFICE

13 OF DEPUTY ARCHITECT.—For purposes of subsection (a), 

14 if the Deputy Architect is also absent or disabled or there 

15 is no Deputy Architect, the congressional commission de16 scribed in section 10002(a) shall designate, by a majority 

17 vote of the members of the commission, an individual to 

18 serve as acting Architect until— 

19 (1) the end of the absence or disability of the 

20 Architect or the Deputy Architect; or 

21 (2) in the case of vacancies in both positions, 

22 an Architect has been appointed under section 

23 10002(a). 

24 (c) AUTHORITY.—An officer serving as acting Archi25 tect under subsection (a) or (b) shall perform all the duties 
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1 and exercise all the authorities of the Architect, including 

2 the authority to delegate the duties and authorities of the 

3 Architect in accordance with the matter under the heading 

4 ‘‘OFFICE OF THE ARCHITECT OF THE CAPITOL’’ under 

5 the heading ‘‘ARCHITECT OF THE CAPITOL’’ of the 

6 Legislative Appropriation Act, 1956 (2 U.S.C. 1803). 

7 (d) CONFORMING AMENDMENT.—The matter under 

8 the heading ‘‘SALARIES’’ under the heading ‘‘OFFICE OF

9 THE ARCHITECT OF THE CAPITOL’’ under the heading 

10 ‘‘ARCHITECT OF THE CAPITOL’’ of the Legislative 

11 Branch Appropriation Act, 1971 (2 U.S.C. 1804) is 

12 amended by striking ‘‘: Provided,’’ and all that follows 

13 through ‘‘no Architect’’. 

14 DIVISION I—FAIR DEBT COLLEC15 TION PRACTICES FOR 

16 SERVICEMEMBERS 

17 SEC. 11001. SHORT TITLE. 

18 This division may be cited as the ‘‘Fair Debt Collec19 tion Practices for Servicemembers Act’’. 

20 SEC. 11002. ENHANCED PROTECTION AGAINST DEBT COL21 LECTOR HARASSMENT OF 

22 SERVICEMEMBERS. 

23 (a) COMMUNICATION IN CONNECTION WITH DEBT

24 COLLECTION.—Section 805 of the Fair Debt Collection 
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1 Practices Act (15 U.S.C. 1692c) is amended by adding 

2 at the end the following: 

3 ‘‘(e) COMMUNICATIONS CONCERNING SERVICEMEM4 BER DEBTS.— 

5 ‘‘(1) DEFINITION.—In this subsection, the term 

6 ‘covered member’ means— 

7 ‘‘(A) a covered member or a dependent as 

8 defined in section 987(i) of title 10, United 

9 States Code; and 

10 ‘‘(B)(i) an individual who was separated, 

11 discharged, or released from duty described in 

12 such section 987(i)(1), but only during the 365- 

13 day period beginning on the date of separation, 

14 discharge, or release; or 

15 ‘‘(ii) a person, with respect to an individual 

16 described in clause (i), described in subpara17 graph (A), (D), (E), or (I) of section 1072(2) 

18 of title 10, United States Code. 

19 ‘‘(2) PROHIBITIONS.—A debt collector may not, 

20 in connection with the collection of any debt of a 

21 covered member— 

22 ‘‘(A) threaten to have the covered member 

23 reduced in rank; 

24 ‘‘(B) threaten to have the covered mem25 ber’s security clearance revoked; or 
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1 ‘‘(C) threaten to have the covered member 

2 prosecuted under chapter 47 of title 10, United 

3 States Code (the Uniform Code of Military Jus4 tice).’’. 

5 (b) UNFAIR PRACTICES.—Section 808 of the Fair 

6 Debt Collection Practices Act (15 U.S.C. 1692f) is amend7 ed by adding at the end the following: 

8 ‘‘(9) The representation to any covered member 

9 (as defined under section 805(e)(1)) that failure to 

10 cooperate with a debt collector will result in— 

11 ‘‘(A) a reduction in rank of the covered 

12 member; 

13 ‘‘(B) a revocation of the covered member’s 

14 security clearance; or 

15 ‘‘(C) prosecution under chapter 47 of title 

16 10, United States Code (the Uniform Code of 

17 Military Justice).’’. 

18 SEC. 11003. GAO STUDY. 

19 The Comptroller General of the United States shall 

20 conduct a study and submit a report to Congress on the 

21 impact of this division on— 

22 (1) the timely delivery of information to a cov23 ered member (as defined in section 805(e) of the 

24 Fair Debt Collection Practices Act, as added by this 

25 division); 
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1 (2) military readiness; and 

2 (3) national security, including the extent to 

3 which covered members with security clearances 

4 would be impacted by uncollected debt. 

5 DIVISION J—NATIVE AMERICAN 

6 HOUSING ASSISTANCE AND 

7 SELF-DETERMINATION REAU8 THORIZATION ACT OF 2023 

9 SEC. 11001. SHORT TITLE. 

10 This division may be cited as the ‘‘Native American 

11 Housing Assistance and Self-Determination Reauthoriza12 tion Act of 2023’’. 

13 SEC. 11002. CONSOLIDATION OF ENVIRONMENTAL REVIEW 

14 REQUIREMENTS. 

15 Section 105 of the Native American Housing Assist16 ance and Self-Determination Act of 1996 (25 U.S.C. 

17 4115) is amended by adding at the end the following: 

18 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW

19 REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—In the case of a recipient 

21 of grant amounts under this Act that is carrying out 

22 a project that qualifies as an affordable housing ac23 tivity under section 202, if the recipient is using 1 

24 or more additional sources of Federal funds to carry 

25 out the project, and the grant amounts received 
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1 under this Act constitute the largest single source of 

2 Federal funds that the recipient reasonably expects 

3 to commit to the project at the time of environ4 mental review, the Indian tribe of the recipient may 

5 assume, in addition to all of the responsibilities for 

6 environmental review, decision making, and action 

7 under subsection (a), all of the additional respon8 sibilities for environmental review, decision making, 

9 and action under provisions of law that would apply 

10 to each Federal agency providing additional funding 

11 were the Federal agency to carry out the project as 

12 a Federal project. 

13 ‘‘(2) DISCHARGE.—The assumption by the In14 dian tribe of the additional responsibilities for envi15 ronmental review, decision making, and action under 

16 paragraph (1) with respect to a project shall be 

17 deemed to discharge the responsibility of the applica18 ble Federal agency for environmental review, deci19 sion making, and action with respect to the project. 

20 ‘‘(3) CERTIFICATION.—An Indian tribe that as21 sumes the additional responsibilities under para22 graph (1), shall certify, in addition to the require23 ments under subsection (c)— 
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1 ‘‘(A) the additional responsibilities that the 

2 Indian tribe has fully carried out under this 

3 subsection; and 

4 ‘‘(B) that the certifying officer consents to 

5 assume the status of a responsible Federal offi6 cial under the provisions of law that would 

7 apply to each Federal agency providing addi8 tional funding under paragraph (1). 

9 ‘‘(4) LIABILITY.— 

10 ‘‘(A) IN GENERAL.—An Indian tribe that 

11 completes an environmental review under this 

12 subsection shall assume sole liability for the 

13 content and quality of the review. 

14 ‘‘(B) REMEDIES AND SANCTIONS.—Except 

15 as provided in subparagraph (C), if the Sec16 retary approves a certification and release of 

17 funds to an Indian tribe for a project in accord18 ance with subsection (b), but the Secretary or 

19 the head of another Federal agency providing 

20 funding for the project subsequently learns that 

21 the Indian tribe failed to carry out the respon22 sibilities of the Indian tribe as described in sub23 section (a) or paragraph (1), as applicable, the 

24 Secretary or other head, as applicable, may im-
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1 pose appropriate remedies and sanctions in ac2 cordance with— 

3 ‘‘(i) the regulations issued pursuant to 

4 section 106; or 

5 ‘‘(ii) such regulations as are issued by 

6 the other head. 

7 ‘‘(C) STATUTORY VIOLATION WAIVERS.—If 

8 the Secretary waives the requirements under 

9 this section in accordance with subsection (d) 

10 with respect to a project for which an Indian 

11 tribe assumes additional responsibilities under 

12 paragraph (1), the waiver shall prohibit any 

13 other Federal agency providing additional fund14 ing for the project from imposing remedies or 

15 sanctions for failure to comply with require16 ments for environmental review, decision mak17 ing, and action under provisions of law that 

18 would apply to the Federal agency.’’. 

19 SEC. 11003. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 108 of the Native American Housing Assist21 ance and Self-Determination Act of 1996 (25 U.S.C. 

22 4117) is amended, in the first sentence, by striking ‘‘2009 

23 through 2013’’ and inserting ‘‘2024 through 2030’’. 
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1 SEC. 11004. STUDENT HOUSING ASSISTANCE. 

2 Section 202(3) of the Native American Housing As3 sistance and Self-Determination Act of 1996 (25 U.S.C. 

4 4132(3)) is amended by inserting ‘‘including college hous5 ing assistance’’ after ‘‘self-sufficiency and other services,’’. 

6 SEC. 11005. APPLICATION OF RENT RULE ONLY TO UNITS 

7 OWNED OR OPERATED BY INDIAN TRIBE OR 

8 TRIBALLY DESIGNATED HOUSING ENTITY. 

9 Section 203(a)(2) of the Native American Housing 

10 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

11 4133(a)(2)) is amended by inserting ‘‘owned or operated 

12 by a recipient and’’ after ‘‘residing in a dwelling unit’’. 

13 SEC. 11006. DE MINIMIS EXEMPTION FOR PROCUREMENT 

14 OF GOODS AND SERVICES. 

15 Section 203(g) of the Native American Housing As16 sistance and Self-Determination Act of 1996 (25 U.S.C. 

17 4133(g)) is amended by striking ‘‘$5,000’’ and inserting 

18 ‘‘$7,000’’. 

19 SEC. 11007. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN20 COME REQUIREMENT AND INCOME TAR21 GETING. 

22 Section 205 of the Native American Housing Assist23 ance and Self-Determination Act of 1996 (25 U.S.C. 

24 4135) is amended— 

25 (1) in subsection (a)(1)— 
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1 (A) in subparagraph (C), by striking 

2 ‘‘and’’ at the end; and 

3 (B) by adding at the end the following: 

4 ‘‘(E) notwithstanding any other provision 

5 of this paragraph, in the case of rental housing 

6 that is made available to a current rental family 

7 for conversion to a homebuyer or a lease-pur8 chase unit, that the current rental family can 

9 purchase through a contract of sale, lease-pur10 chase agreement, or any other sales agreement, 

11 is made available for purchase only by the cur12 rent rental family, if the rental family was a 

13 low-income family at the time of their initial oc14 cupancy of such unit; and’’; and 

15 (2) in subsection (c)— 

16 (A) by striking ‘‘The provisions’’ and in17 serting the following: 

18 ‘‘(1) IN GENERAL.—The provisions’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(2) APPLICABILITY TO IMPROVEMENTS.—The 

21 provisions of subsection (a)(2) regarding binding 

22 commitments for the remaining useful life of prop23 erty shall not apply to improvements of privately 

24 owned homes if the cost of the improvements do not 
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1 exceed 10 percent of the maximum total develop2 ment cost for the home.’’. 

3 SEC. 11008. LEASE REQUIREMENTS AND TENANT SELEC4 TION. 

5 Section 207 of the Native American Housing Assist6 ance and Self-Determination Act of 1996 (25 U.S.C. 

7 4137) is amended by adding at the end the following: 

8 ‘‘(c) NOTICE OF TERMINATION.—The notice period 

9 described in subsection (a)(3) shall apply to projects and 

10 programs funded in part by amounts authorized under 

11 this Act.’’. 

12 SEC. 11009. INDIAN HEALTH SERVICE. 

13 (a) IN GENERAL.—Subtitle A of title II of the Native 

14 American Housing Assistance and Self-Determination Act 

15 of 1996 (25 U.S.C. 4131 et seq.) is amended by adding 

16 at the end the following: 

17 ‘‘SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION. 

18 ‘‘Notwithstanding any other provision of law, the Di19 rector of the Indian Health Service, or a recipient receiv20 ing funding for a housing construction or renovation 

21 project under this title, may use funding from the Indian 

22 Health Service for the construction of sanitation facilities 

23 under that project.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

25 in section 1(b) of the Native American Housing Assistance 
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1 and Self-Determination Act of 1996 (Public Law 104– 

2 330; 110 Stat. 4016) is amended by inserting after the 

3 item relating to section 210 the following: 

‘‘Sec. 211. IHS sanitation facilities construction.’’. 

4 SEC. 11010. STATUTORY AUTHORITY TO SUSPEND GRANT 

5 FUNDS IN EMERGENCIES. 

6 Section 401(a)(4) of the Native American Housing 

7 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

8 4161(a)(4)) is amended— 

9 (1) in subparagraph (A), by striking ‘‘may take 

10 an action described in paragraph (1)(C)’’ and insert11 ing ‘‘may immediately take an action described in 

12 paragraph (1)(C)’’; and 

13 (2) by striking subparagraph (B) and inserting 

14 the following: 

15 ‘‘(B) PROCEDURAL REQUIREMENTS.— 

16 ‘‘(i) IN GENERAL.—If the Secretary 

17 takes an action described in subparagraph 

18 (A), the Secretary shall provide notice to 

19 the recipient at the time that the Secretary 

20 takes that action. 

21 ‘‘(ii) NOTICE REQUIREMENTS.—The 

22 notice under clause (i) shall inform the re23 cipient that the recipient may request a 

24 hearing by not later than 30 days after the 
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1 date on which the Secretary provides the 

2 notice. 

3 ‘‘(iii) HEARING REQUIREMENTS.—A 

4 hearing requested under clause (ii) shall be 

5 conducted— 

6 ‘‘(I) in accordance with subpart 

7 A of part 26 of title 24, Code of Fed8 eral Regulations (or successor regula9 tions); and 

10 ‘‘(II) to the maximum extent 

11 practicable, on an expedited basis. 

12 ‘‘(iv) FAILURE TO CONDUCT A HEAR13 ING.—If a hearing requested under clause 

14 (ii) is not completed by the date that is 

15 180 days after the date on which the re16 cipient requests the hearing, the action of 

17 the Secretary to limit the availability of 

18 payments shall no longer be effective.’’. 

19 SEC. 11011. REPORTS TO CONGRESS. 

20 Section 407 of the Native American Housing Assist21 ance and Self-Determination Act of 1996 (25 U.S.C. 

22 4167) is amended— 

23 (1) in subsection (a), by striking ‘‘Congress’’ 

24 and inserting ‘‘Committee on Indian Affairs and the 

25 Committee on Banking, Housing and Urban Affairs 
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1 of the Senate and the Committee on Financial Serv2 ices of the House of Representatives’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(c) PUBLIC AVAILABILITY.—The report described in 

5 subsection (a) shall be made publicly available, including 

6 to recipients.’’. 

7 SEC. 11012. 99-YEAR LEASEHOLD INTEREST IN TRUST OR 

8 RESTRICTED LANDS FOR HOUSING PUR9 POSES. 

10 Section 702 of the Native American Housing Assist11 ance and Self-Determination Act of 1996 (25 U.S.C. 

12 4211) is amended— 

13 (1) in the section heading, by striking ‘‘50- 

14 YEAR’’ and inserting ‘‘99-YEAR’’; 

15 (2) in subsection (b), by striking ‘‘50 years’’ 

16 and inserting ‘‘99 years’’; and 

17 (3) in subsection (c)(2), by striking ‘‘50 years’’ 

18 and inserting ‘‘99 years’’. 

19 SEC. 11013. AMENDMENTS FOR BLOCK GRANTS FOR AF20 FORDABLE HOUSING ACTIVITIES. 

21 Section 802(e) of the Native American Housing As22 sistance and Self-Determination Act of 1996 (25 U.S.C. 

23 4222(e)) is amended by— 

24 (1) by striking ‘‘The Director’’ and inserting 

25 the following: 
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1 ‘‘(1) IN GENERAL.—The Director’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(2) SUBAWARDS.—Notwithstanding any other 

4 provision of law, including provisions of State law 

5 requiring competitive procurement, the Director may 

6 make subawards to subrecipients, except for for7 profit entities, using amounts provided under this 

8 title to carry out affordable housing activities upon 

9 a determination by the Director that such subrecipi10 ents have adequate capacity to carry out activities in 

11 accordance with this Act.’’. 

12 SEC. 11014. REAUTHORIZATION OF NATIVE HAWAIIAN 

13 HOMEOWNERSHIP PROVISIONS. 

14 Section 824 of the Native American Housing Assist15 ance and Self-Determination Act of 1996 (25 U.S.C. 

16 4243) is amended by striking ‘‘such sums as may be nec17 essary’’ and all that follows through the period at the end 

18 and inserting ‘‘such sums as may be necessary for each 

19 of fiscal years 2024 through 2030.’’. 

20 SEC. 11015. TOTAL DEVELOPMENT COST MAXIMUM 

21 PROJECT COST. 

22 Affordable housing (as defined in section 4 of the Na23 tive American Housing Assistance and Self-Determination 

24 Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, 

25 or assisted under the block grant program established 
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1 under section 101 of the Native American Housing Assist2 ance and Self-Determination Act of 1996 (25 U.S.C. 

3 4111) shall not exceed by more than 20 percent, without 

4 prior approval of the Secretary of Housing and Urban De5 velopment, the total development cost maximum cost for 

6 all housing assisted under an affordable housing activity, 

7 including development and model activities. 

8 SEC. 11016. COMMUNITY-BASED DEVELOPMENT ORGANIZA9 TIONS AND SPECIAL ACTIVITIES BY INDIAN 

10 TRIBES. 

11 Section 105 of the Housing and Community Develop12 ment Act of 1974 (42 U.S.C. 5305) is amended by adding 

13 at the end the following: 

14 ‘‘(i) INDIAN TRIBES AND TRIBALLY DESIGNATED

15 HOUSING ENTITIES AS COMMUNITY-BASED DEVELOP16 MENT ORGANIZATIONS.— 

17 ‘‘(1) DEFINITION.—In this subsection, the term 

18 ‘tribally designated housing entity’ has the meaning 

19 given the term in section 4 of the Native American 

20 Housing Assistance and Self-Determination Act of 

21 1996 (25 U.S.C. 4103). 

22 ‘‘(2) QUALIFICATION.—An Indian tribe, a trib23 ally designated housing entity, or a tribal organiza24 tion shall qualify as a community-based development 

25 organization for purposes of carrying out new hous-
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1 ing construction under this subsection under a grant 

2 made under section 106(a)(1). 

3 ‘‘(j) SPECIAL ACTIVITIES BY INDIAN TRIBES.—An 

4 Indian tribe receiving a grant under paragraph (1) of sec5 tion 106(a)(1) shall be authorized to directly carry out ac6 tivities described in paragraph (15) of such section 

7 106(a)(1).’’. 

8 SEC. 11017. SECTION 184 INDIAN HOME LOAN GUARANTEE 

9 PROGRAM. 

10 (a) IN GENERAL.—Section 184 of the Housing and 

11 Community Development Act of 1992 (12 U.S.C. 1715z– 

12 13a) is amended— 

13 (1) by amending subsection (a) to read as fol14 lows: 

15 ‘‘(a) AUTHORITY.—To provide access to sources of 

16 private financing to Indian families, Indian housing au17 thorities, and Indian Tribes, who otherwise could not ac18 quire housing financing because of the unique legal status 

19 of Indian lands and the unique nature of tribal economies, 

20 and to expand homeownership opportunities to Indian 

21 families, Indian housing authorities and Indian tribes on 

22 fee simple lands, the Secretary may guarantee not to ex23 ceed 100 percent of the unpaid principal and interest due 

24 on any loan eligible under subsection (b) made to an In-
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1 dian family, Indian housing authority, or Indian Tribe on 

2 trust land and fee simple land.’’; and 

3 (2) in subsection (b)— 

4 (A) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) ELIGIBLE HOUSING.—The loan shall be 

7 used to construct, acquire, refinance, or rehabilitate 

8 1- to 4-family dwellings that are standard housing.’’; 

9 (B) in paragraph (4)— 

10 (i) by redesignating subparagraphs 

11 (A) through (D) as clauses (i) through 

12 (iv), respectively, and adjusting the mar13 gins accordingly; 

14 (ii) by striking ‘‘The loan’’ and insert15 ing the following: 

16 ‘‘(A) IN GENERAL.—The loan’’; 

17 (iii) in subparagraph (A), as so des18 ignated, by adding at the end the fol19 lowing: 

20 ‘‘(v) Any other lender that is super21 vised, approved, regulated, or insured by 

22 any agency of the Federal Government, in23 cluding any entity certified as a community 

24 development financial institution by the 

25 Community Development Financial Insti-
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1 tutions Fund established under section 

2 104(a) of the Riegle Community Develop3 ment and Regulatory Improvement Act of 

4 1994 (12 U.S.C. 4703(a)).’’; and 

5 (iv) by adding at the end the fol6 lowing: 

7 ‘‘(B) DIRECT GUARANTEE PROCESS.— 

8 ‘‘(i) AUTHORIZATION.—The Secretary 

9 may authorize qualifying lenders to partici10 pate in a direct guarantee process for ap11 proving loans under this section. 

12 ‘‘(ii) INDEMNIFICATION.— 

13 ‘‘(I) IN GENERAL.—If the Sec14 retary determines that a mortgage 

15 guaranteed through a direct guar16 antee process under this subpara17 graph was not originated in accord18 ance with the requirements estab19 lished by the Secretary, the Secretary 

20 may require the lender approved 

21 under this subparagraph to indemnify 

22 the Secretary for the loss, irrespective 

23 of whether the violation caused the 

24 mortgage default. 
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1 ‘‘(II) FRAUD OR MISREPRESEN2 TATION.—If fraud or misrepresenta3 tion is involved in a direct guarantee 

4 process under this subparagraph, the 

5 Secretary shall require the original 

6 lender approved under this subpara7 graph to indemnify the Secretary for 

8 the loss regardless of when an insur9 ance claim is paid. 

10 ‘‘(C) REVIEW OF MORTGAGEES.— 

11 ‘‘(i) IN GENERAL.—The Secretary 

12 may periodically review the mortgagees 

13 originating, underwriting, or servicing sin14 gle family mortgage loans under this sec15 tion. 

16 ‘‘(ii) REQUIREMENTS.—In conducting 

17 a review under clause (i), the Secretary— 

18 ‘‘(I) shall compare the mortgagee 

19 with other mortgagees originating or 

20 underwriting loan guarantees for In21 dian housing based on the rates of de22 faults and claims for guaranteed 

23 mortgage loans originated, under24 written, or serviced by that mort25 gagee; 
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1 ‘‘(II) may compare the mort2 gagee with such other mortgagees 

3 based on underwriting quality, geo4 graphic area served, or any commonly 

5 used factors the Secretary determines 

6 necessary for comparing mortgage de7 fault risk, provided that the compari8 son is of factors that the Secretary 

9 would expect to affect the default risk 

10 of mortgage loans guaranteed by the 

11 Secretary; 

12 ‘‘(iii) shall implement such compari13 sons by regulation, notice, or mortgagee 

14 letter; and 

15 ‘‘(I) may terminate the approval 

16 of a mortgagee to originate, under17 write, or service loan guarantees for 

18 housing under this section if the Sec19 retary determines that the mortgage 

20 loans originated, underwritten, or 

21 serviced by the mortgagee present an 

22 unacceptable risk to the Indian Hous23 ing Loan Guarantee Fund established 

24 under subsection (i)— 
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1 ‘‘(aa) based on a comparison 

2 of any of the factors set forth in 

3 this subparagraph; or 

4 ‘‘(bb) by a determination 

5 that the mortgagee engaged in 

6 fraud or misrepresentation.’’; and 

7 (C) in paragraph (5)(A), by inserting be8 fore the semicolon at the end the following: ‘‘ex9 cept, as determined by the Secretary, when 

10 there is a loan modification under subsection 

11 (h)(1)(B), the term of the loan shall not exceed 

12 40 years’’. 

13 (b) LOAN GUARANTEES FOR INDIAN HOUSING.— 

14 Section 184(i)(5) of the Housing and Community Devel15 opment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

16 amended— 

17 (1) in subparagraph (B), by inserting after the 

18 first sentence the following: ‘‘There are authorized 

19 to be appropriated for those costs such sums as may 

20 be necessary for each of fiscal years 2024 through 

21 2030.’’; and 

22 (2) in subparagraph (C), by striking ‘‘2008 

23 through 2012’’ and inserting ‘‘2024 through 2030’’. 
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1 SEC. 11018. LOAN GUARANTEES FOR NATIVE HAWAIIAN 

2 HOUSING. 

3 Section 184A of the Housing and Community Devel4 opment Act of 1992 (12 U.S.C. 1715z–13b) is amended— 

5 (1) in subsection (b), by inserting ‘‘, and to ex6 pand homeownership opportunities to Native Hawai7 ian families who are eligible to receive a homestead 

8 under the Hawaiian Homes Commission Act, 1920 

9 (42 Stat. 108) on fee simple lands in the State of 

10 Hawaii’’ after ‘‘markets’’; 

11 (2) in subsection (c)— 

12 (A) by amending paragraph (2) to read as 

13 follows: 

14 ‘‘(2) ELIGIBLE HOUSING.—The loan shall be 

15 used to construct, acquire, refinance, or rehabilitate 

16 1- to 4-family dwellings that are standard housing.’’; 

17 (B) in paragraph (4)— 

18 (i) in subparagraph (B)— 

19 (I) by redesignating clause (iv) as 

20 clause (v); and 

21 (II) by adding after clause (iii) 

22 the following: 

23 ‘‘(iv) Any other lender that is super24 vised, approved, regulated, or insured by 

25 any agency of the Federal Government, in26 cluding any entity certified as a community 
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1 development financial institution by the 

2 Community Development Financial Insti3 tutions Fund established under section 

4 104(a) of the Riegle Community Develop5 ment and Regulatory Improvement Act of 

6 1994 (12 U.S.C. 4703(a)).’’; and 

7 (ii) by adding at the end the fol8 lowing: 

9 ‘‘(C) INDEMNIFICATION.— 

10 ‘‘(i) IN GENERAL.—If the Secretary 

11 determines that a mortgage guaranteed 

12 through a direct guarantee process under 

13 this section was not originated in accord14 ance with the requirements established by 

15 the Secretary, the Secretary may require 

16 the lender approved under this section to 

17 indemnify the Secretary for the loss, irre18 spective of whether the violation caused the 

19 mortgage default. 

20 ‘‘(ii) DIRECT GUARANTEE ENDORSE21 MENT.—The Secretary may, dependent on 

22 the availability of systems development and 

23 staffing resources, delegate to eligible lend24 ers the authority to directly endorse loans 

25 under this section. 
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1 ‘‘(iii) FRAUD OR MISREPRESENTA2 TION.—If fraud or misrepresentation was 

3 involved in the direct guarantee endorse4 ment process by a lender under this sec5 tion, the Secretary shall require the ap6 proved direct guarantee endorsement lend7 er to indemnify the Secretary for any loss 

8 or potential loss, regardless of whether the 

9 fraud or misrepresentation caused or may 

10 cause the loan default. 

11 ‘‘(iv) IMPLEMENTATION.—The Sec12 retary may implement any requirements 

13 described in this subparagraph by regula14 tion, notice, or Dear Lender Letter.’’. 

15 (C) in paragraph (5)(A), by inserting be16 fore the semicolon at the end the following: ‘‘ex17 cept, as determined by the Secretary, when 

18 there is a loan modification under subsection 

19 (i)(1)(B), the term of the loan shall not exceed 

20 40 years’’; 

21 (3) in subsection (d)— 

22 (A) in paragraph (1), by adding at the end 

23 the following: 

24 ‘‘(C) EXCEPTION.—When the Secretary 

25 exercises its discretion to delegate direct guar-
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1 antee endorsement authority pursuant to sub2 section (c)(4)(C)(ii), subparagraphs (A) and 

3 (B) of this paragraph shall not apply.’’; 

4 (B) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) STANDARD FOR APPROVAL.— 

7 ‘‘(A) APPROVAL.—The Secretary may ap8 prove a loan for guarantee under this section 

9 and issue a certificate under this subsection 

10 only if the Secretary determines that there is a 

11 reasonable prospect of repayment of the loan. 

12 ‘‘(B) EXCEPTIONS.—When the Secretary 

13 exercises its discretion to delegate direct guar14 antee endorsement authority pursuant to sub15 section (c)(4)(C)(ii)— 

16 ‘‘(i) subparagraph (A) shall not apply; 

17 and 

18 ‘‘(ii) the direct guarantee endorsement 

19 lender may issue a certificate under this 

20 paragraph as evidence of the guarantee in 

21 accordance with requirements prescribed 

22 by the Secretary.’’; and 

23 (C) in paragraph (3)(A), by inserting ‘‘or, 

24 where applicable, the direct guarantee endorse25 ment lender,’’ after ‘‘Secretary’’ and 
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1 (4) in subsection (j)(5)(B), by inserting after 

2 the first sentence the following: ‘‘There are author3 ized to be appropriated for those costs such sums as 

4 may be necessary for each of fiscal years 2024 

5 through 2030.’’. 

6 SEC. 11019. DRUG ELIMINATION PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

8 (1) CONTROLLED SUBSTANCE.—The term 

9 ‘‘controlled substance’’ has the meaning given the 

10 term in section 102 of the Controlled Substances 

11 Act (21 U.S.C. 802). 

12 (2) DRUG-RELATED CRIME.—The term ‘‘drug13 related crime’’ means the illegal manufacture, sale, 

14 distribution, use, or possession with intent to manu15 facture, sell, distribute, or use a controlled sub16 stance. 

17 (3) RECIPIENT.—The term ‘‘recipient’’— 

18 (A) has the meaning given the term in sec19 tion 4 of the Native American Housing Assist20 ance and Self-Determination Act of 1996 (25 

21 U.S.C. 4103); and 

22 (B) includes a recipient of funds under 

23 title VIII of that Act (25 U.S.C. 4221 et seq.). 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Housing and Urban Development. 
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1 (b) ESTABLISHMENT.—The Secretary may, in con2 sultation with the Bureau of Indian Affairs and relevant 

3 Tribal law enforcement agencies, make grants under this 

4 section to recipients of assistance under the Native Amer5 ican Housing Assistance and Self-Determination Act of 

6 1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug7 related and violent crime. 

8 (c) ELIGIBLE ACTIVITIES.—Grants under this sec9 tion may be used for— 

10 (1) the employment of security personnel; 

11 (2) reimbursement of State, local, Tribal, or 

12 Bureau of Indian Affairs law enforcement agencies 

13 for additional security and protective services; 

14 (3) physical improvements which are specifically 

15 designed to enhance security; 

16 (4) the employment of 1 or more individuals— 

17 (A) to investigate drug-related or violent 

18 crime in and around the real property com19 prising housing assisted under the Native 

20 American Housing Assistance and Self-Deter21 mination Act of 1996 (25 U.S.C. 4101 et seq.); 

22 and 

23 (B) to provide evidence relating to such 

24 crime in any administrative or judicial pro25 ceeding; 
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1 (5) the provision of training, communications 

2 equipment, and other related equipment for use by 

3 voluntary tenant patrols acting in cooperation with 

4 law enforcement officials; 

5 (6) programs designed to reduce use of drugs 

6 in and around housing communities funded under 

7 the Native American Housing Assistance and Self8 Determination Act of 1996 (25 U.S.C. 4101 et 

9 seq.), including drug-abuse prevention, intervention, 

10 referral, and treatment programs; 

11 (7) providing funding to nonprofit resident 

12 management corporations and resident councils to 

13 develop security and drug abuse prevention pro14 grams involving site residents; 

15 (8) sports programs and sports activities that 

16 serve primarily youths from housing communities 

17 funded through and are operated in conjunction 

18 with, or in furtherance of, an organized program or 

19 plan designed to reduce or eliminate drugs and 

20 drug-related problems in and around those commu21 nities; and 

22 (9) other programs for youth in school settings 

23 that address drug prevention and positive alter24 natives for youth, including education and activities 
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†S 2226 ES

1 related to science, technology, engineering, and 

2 math. 

3 (d) APPLICATIONS.— 

4 (1) IN GENERAL.—To receive a grant under 

5 this subsection, an eligible applicant shall submit an 

6 application to the Secretary, at such time, in such 

7 manner, and accompanied by— 

8 (A) a plan for addressing the problem of 

9 drug-related or violent crime in and around of 

10 the housing administered or owned by the appli11 cant for which the application is being sub12 mitted; and 

13 (B) such additional information as the Sec14 retary may reasonably require. 

15 (2) CRITERIA.—The Secretary shall approve ap16 plications submitted under paragraph (1) on the 

17 basis of thresholds or criteria such as— 

18 (A) the extent of the drug-related or vio19 lent crime problem in and around the housing 

20 or projects proposed for assistance; 

21 (B) the quality of the plan to address the 

22 crime problem in the housing or projects pro23 posed for assistance, including the extent to 

24 which the plan includes initiatives that can be 

25 sustained over a period of several years; 
2038 

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1 (C) the capability of the applicant to carry 

2 out the plan; and 

3 (D) the extent to which tenants, the Tribal 

4 government, and the Tribal community support 

5 and participate in the design and implementa6 tion of the activities proposed to be funded 

7 under the application. 

8 (e) HIGH INTENSITY DRUG TRAFFICKING AREAS.— 

9 In evaluating the extent of the drug-related crime problem 

10 pursuant to subsection (d)(2), the Secretary may consider 

11 whether housing or projects proposed for assistance are 

12 located in a high intensity drug trafficking area designated 

13 pursuant to section 707(b) of the Office of National Drug 

14 Control Policy Reauthorization Act of 1998 (21 U.S.C. 

15 1706(b)). 

16 (f) REPORTS.— 

17 (1) GRANTEE REPORTS.—The Secretary shall 

18 require grantees under this section to provide peri19 odic reports that include the obligation and expendi20 ture of grant funds, the progress made by the grant21 ee in implementing the plan described in subsection 

22 (d)(1)(A), and any change in the incidence of drug23 related crime in projects assisted under section. 

24 (2) HUD REPORTS.—Not later than 1 year 

25 after the date of enactment of this Act, the Sec-
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†S 2226 ES

1 retary shall submit to Congress a report describing 

2 the system used to distribute funding to grantees 

3 under this section, which shall include descriptions 

4 of— 

5 (A) the methodology used to distribute 

6 amounts made available under this section; and 

7 (B) actions taken by the Secretary to en8 sure that amounts made available under section 

9 are not used to fund baseline local government 

10 services, as described in subsection (h)(2). 

11 (g) NOTICE OF FUNDING AWARDS.—The Secretary 

12 shall publish on the website of the Department a notice 

13 of all grant awards made pursuant to section, which shall 

14 identify the grantees and the amount of the grants. 

15 (h) MONITORING.— 

16 (1) IN GENERAL.—The Secretary shall audit 

17 and monitor the program funded under this sub18 section to ensure that assistance provided under this 

19 subsection is administered in accordance with the 

20 provisions of section. 

21 (2) PROHIBITION OF FUNDING BASELINE SERV22 ICES.— 

23 (A) IN GENERAL.—Amounts provided 

24 under this section may not be used to reim25 burse or support any local law enforcement 
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†S 2226 ES

1 agency or unit of general local government for 

2 the provision of services that are included in the 

3 baseline of services required to be provided by 

4 any such entity pursuant to a local cooperative 

5 agreement pursuant under the Indian Self-De6 termination and Education Assistance Act (25 

7 U.S.C. 5301 et seq.) or any provision of an an8 nual contributions contract for payments in lieu 

9 of taxation with the Bureau of Indian Affairs. 

10 (B) DESCRIPTION.—Each grantee under 

11 this section shall describe, in the report under 

12 subsection (f)(1), such baseline of services for 

13 the unit of Tribal government in which the ju14 risdiction of the grantee is located. 

15 (3) ENFORCEMENT.—The Secretary shall pro16 vide for the effective enforcement of this section, as 

17 specified in the program requirements published in 

18 a notice by the Secretary, which may include— 

19 (A) the use of on-site monitoring, inde20 pendent public audit requirements, certification 

21 by Tribal or Federal law enforcement or Tribal 

22 government officials regarding the performance 

23 of baseline services referred to in paragraph 

24 (2); 
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†S 2226 ES

1 (B) entering into agreements with the At2 torney General to achieve compliance, and 

3 verification of compliance, with the provisions of 

4 this section; and 

5 (C) adopting enforcement authority that is 

6 substantially similar to the authority provided 

7 to the Secretary under the Native American 

8 Housing Assistance and Self-Determination Act 

9 of 1996 (25 U.S.C. 4101 et seq.) 

10 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary for each fiscal years 2024 through 2030 to carry 

13 out this section. 

14 SEC. 11020. RENTAL ASSISTANCE FOR HOMELESS OR AT15 RISK INDIAN VETERANS. 

16 Section 8(o)(19) of the United States Housing Act 

17 of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding 

18 at the end the following: 

19 ‘‘(E) INDIAN VETERANS HOUSING RENTAL

20 ASSISTANCE PROGRAM.— 

21 ‘‘(i) DEFINITIONS.—In this subpara22 graph: 

23 ‘‘(I) ELIGIBLE INDIAN VET24 ERAN.—The term ‘eligible Indian vet-
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†S 2226 ES

1 eran’ means an Indian veteran who 

2 is— 

3 ‘‘(aa) homeless or at risk of 

4 homelessness; and 

5 ‘‘(bb) living— 

6 ‘‘(AA) on or near a res7 ervation; or 

8 ‘‘(BB) in or near any 

9 other Indian area. 

10 ‘‘(II) ELIGIBLE RECIPIENT.— 

11 The term ‘eligible recipient’ means a 

12 recipient eligible to receive a grant 

13 under section 101 of the Native 

14 American Housing Assistance and 

15 Self-Determination Act of 1996 (25 

16 U.S.C. 4111). 

17 ‘‘(III) INDIAN; INDIAN AREA.— 

18 The terms ‘Indian’ and ‘Indian area’ 

19 have the meanings given those terms 

20 in section 4 of the Native American 

21 Housing Assistance and Self-Deter22 mination Act of 1996 (25 U.S.C. 

23 4103). 
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1 ‘‘(IV) INDIAN VETERAN.—The 

2 term ‘Indian veteran’ means an In3 dian who is a veteran. 

4 ‘‘(V) PROGRAM.—The term ‘Pro5 gram’ means the Tribal HUD–VASH 

6 program carried out under clause (ii). 

7 ‘‘(VI) TRIBAL ORGANIZATION.— 

8 The term ‘tribal organization’ has the 

9 meaning given the term in section 4 

10 of the Indian Self-Determination and 

11 Education Assistance Act (25 U.S.C. 

12 5304). 

13 ‘‘(ii) PROGRAM SPECIFICATIONS.— 

14 The Secretary shall use not less than 5 

15 percent of the amounts made available for 

16 rental assistance under this paragraph to 

17 carry out a rental assistance and sup18 ported housing program, to be known as 

19 the ‘Tribal HUD–VASH program’, in con20 junction with the Secretary of Veterans Af21 fairs, by awarding grants for the benefit of 

22 eligible Indian veterans. 

23 ‘‘(iii) MODEL.— 

24 ‘‘(I) IN GENERAL.—Except as 

25 provided in subclause (II), the Sec-
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1 retary shall model the Program on the 

2 rental assistance and supported hous3 ing program authorized under sub4 paragraph (A) and applicable appro5 priations Acts, including administra6 tion in conjunction with the Secretary 

7 of Veterans Affairs. 

8 ‘‘(II) EXCEPTIONS.— 

9 ‘‘(aa) SECRETARY OF HOUS10 ING AND URBAN DEVELOP11 MENT.—After consultation with 

12 Indian tribes, eligible recipients, 

13 and any other appropriate tribal 

14 organizations, the Secretary may 

15 make necessary and appropriate 

16 modifications to facilitate the use 

17 of the Program by eligible recipi18 ents to serve eligible Indian vet19 erans. 

20 ‘‘(bb) SECRETARY OF VET21 ERANS AFFAIRS.—After consulta22 tion with Indian tribes, eligible 

23 recipients, and any other appro24 priate tribal organizations, the 

25 Secretary of Veterans Affairs 
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†S 2226 ES

1 may make necessary and appro2 priate modifications to facilitate 

3 the use of the Program by eligi4 ble recipients to serve eligible In5 dian veterans. 

6 ‘‘(iv) ELIGIBLE RECIPIENTS.—The 

7 Secretary shall make amounts for rental 

8 assistance and associated administrative 

9 costs under the Program available in the 

10 form of grants to eligible recipients. 

11 ‘‘(v) FUNDING CRITERIA.—The Sec12 retary shall award grants under the Pro13 gram based on— 

14 ‘‘(I) need; 

15 ‘‘(II) administrative capacity; and 

16 ‘‘(III) any other funding criteria 

17 established by the Secretary in a no18 tice published in the Federal Register 

19 after consulting with the Secretary of 

20 Veterans Affairs. 

21 ‘‘(vi) ADMINISTRATION.—Grants 

22 awarded under the Program shall be ad23 ministered in accordance with the Native 

24 American Housing Assistance and Self-De-
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1 termination Act of 1996 (25 U.S.C. 4101 

2 et seq.), except that recipients shall— 

3 ‘‘(I) submit to the Secretary, in a 

4 manner prescribed by the Secretary, 

5 reports on the utilization of rental as6 sistance provided under the Program; 

7 and 

8 ‘‘(II) provide to the Secretary in9 formation specified by the Secretary 

10 to assess the effectiveness of the Pro11 gram in serving eligible Indian vet12 erans. 

13 ‘‘(vii) CONSULTATION.— 

14 ‘‘(I) GRANT RECIPIENTS; TRIBAL

15 ORGANIZATIONS.—The Secretary, in 

16 coordination with the Secretary of 

17 Veterans Affairs, shall consult with el18 igible recipients and any other appro19 priate tribal organization on the de20 sign of the Program to ensure the ef21 fective delivery of rental assistance 

22 and supportive services to eligible In23 dian veterans under the Program. 

24 ‘‘(II) INDIAN HEALTH SERV25 ICE.—The Director of the Indian 
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†S 2226 ES

1 Health Service shall provide any as2 sistance requested by the Secretary or 

3 the Secretary of Veterans Affairs in 

4 carrying out the Program. 

5 ‘‘(viii) WAIVER.— 

6 ‘‘(I) IN GENERAL.—Except as 

7 provided in subclause (II), the Sec8 retary may waive or specify alter9 native requirements for any provision 

10 of law (including regulations) that the 

11 Secretary administers in connection 

12 with the use of rental assistance made 

13 available under the Program if the 

14 Secretary finds that the waiver or al15 ternative requirement is necessary for 

16 the effective delivery and administra17 tion of rental assistance under the 

18 Program to eligible Indian veterans. 

19 ‘‘(II) EXCEPTION.—The Sec20 retary may not waive or specify alter21 native requirements under subclause 

22 (I) for any provision of law (including 

23 regulations) relating to labor stand24 ards or the environment. 
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1 ‘‘(ix) RENEWAL GRANTS.—The Sec2 retary may— 

3 ‘‘(I) set aside, from amounts 

4 made available for tenant-based rental 

5 assistance under this subsection and 

6 without regard to the amounts used 

7 for new grants under clause (ii), such 

8 amounts as may be necessary to 

9 award renewal grants to eligible re10 cipients that received a grant under 

11 the Program in a previous year; and 

12 ‘‘(II) specify criteria that an eli13 gible recipient must satisfy to receive 

14 a renewal grant under subclause (I), 

15 including providing data on how the 

16 eligible recipient used the amounts of 

17 any grant previously received under 

18 the Program. 

19 ‘‘(x) REPORTING.— 

20 ‘‘(I) IN GENERAL.—Not later 

21 than 1 year after the date of enact22 ment of this subparagraph, and every 

23 5 years thereafter, the Secretary, in 

24 coordination with the Secretary of 
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1 Veterans Affairs and the Director of 

2 the Indian Health Service, shall— 

3 ‘‘(aa) conduct a review of 

4 the implementation of the Pro5 gram, including any factors that 

6 may have limited its success; and 

7 ‘‘(bb) submit a report de8 scribing the results of the review 

9 under item (aa) to— 

10 ‘‘(AA) the Committee 

11 on Indian Affairs, the Com12 mittee on Banking, Housing, 

13 and Urban Affairs, the 

14 Committee on Veterans’ Af15 fairs, and the Committee on 

16 Appropriations of the Sen17 ate; and 

18 ‘‘(BB) the Sub19 committee on Indian, Insu20 lar and Alaska Native Af21 fairs of the Committee on 

22 Natural Resources, the 

23 Committee on Financial 

24 Services, the Committee on 

25 Veterans’ Affairs, and the 
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†S 2226 ES

1 Committee on Appropria2 tions of the House of Rep3 resentatives. 

4 ‘‘(II) ANALYSIS OF HOUSING

5 STOCK LIMITATION.—The Secretary 

6 shall include in the initial report sub7 mitted under subclause (I) a descrip8 tion of— 

9 ‘‘(aa) any regulations gov10 erning the use of formula current 

11 assisted stock (as defined in sec12 tion 1000.314 of title 24, Code of 

13 Federal Regulations (or any suc14 cessor regulation)) within the 

15 Program; 

16 ‘‘(bb) the number of recipi17 ents of grants under the Pro18 gram that have reported the reg19 ulations described in item (aa) as 

20 a barrier to implementation of 

21 the Program; and 

22 ‘‘(cc) proposed alternative 

23 legislation or regulations devel24 oped by the Secretary in con25 sultation with recipients of 
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1 grants under the Program to 

2 allow the use of formula current 

3 assisted stock within the Pro4 gram.’’. 

5 SEC. 11021. CONTINUUM OF CARE. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the terms ‘‘collaborative applicant’’ and ‘‘el8 igible entity’’ have the meanings given those terms 

9 in section 401 of the McKinney-Vento Homeless As10 sistance Act (42 U.S.C. 11360); and 

11 (2) the terms ‘‘Indian tribe’’ and ‘‘tribally des12 ignated housing entity’’ have the meanings given 

13 those terms in section 4 of the Native American 

14 Housing Assistance and Self-Determination Act of 

15 1996 (25 U.S.C. 4103). 

16 (b) NONAPPLICATION OF CIVIL RIGHTS LAWS.— 

17 With respect to the funds made available for the Con18 tinuum of Care program authorized under subtitle C of 

19 title IV of the McKinney-Vento Homeless Assistance Act 

20 (42 U.S.C. 11381 et seq.) under the heading ‘‘Homeless 

21 Assistance Grants’’ in the Department of Housing and 

22 Urban Development Appropriations Act, 2021 (Public 

23 Law 116–260) and under section 231 of the Department 

24 of Housing and Urban Development Appropriations Act, 

25 2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act 
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†S 2226 ES

1 of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the 

2 Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall 

3 not apply to applications by or awards for projects to be 

4 carried out— 

5 (1) on or off reservation or trust lands for 

6 awards made to Indian tribes or tribally designated 

7 housing entities; or 

8 (2) on reservation or trust lands for awards 

9 made to eligible entities. 

10 (c) CERTIFICATION.—With respect to funds made 

11 available for the Continuum of Care program authorized 

12 under subtitle C of title IV of the McKinney-Vento Home13 less Assistance Act (42 U.S.C. 11381 et seq.) under the 

14 heading ‘‘Homeless Assistance Grants’’ under section 231 

15 of the Department of Housing and Urban Development 

16 Appropriations Act, 2020 (42 U.S.C. 11364a)— 

17 (1) applications for projects to be carried out 

18 on reservations or trust land shall contain a certifi19 cation of consistency with an approved Indian hous20 ing plan developed under section 102 of the Native 

21 American Housing Assistance and Self-Determina22 tion Act (25 U.S.C. 4112), notwithstanding section 

23 106 of the Cranston-Gonzalez National Affordable 

24 Housing Act (42 U.S.C. 12706) and section 403 of 
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†S 2226 ES

1 the McKinney-Vento Homeless Assistance Act (42 

2 U.S.C. 11361); 

3 (2) Indian tribes and tribally designated hous4 ing entities that are recipients of awards for projects 

5 on reservations or trust land shall certify that they 

6 are following an approved housing plan developed 

7 under section 102 of the Native American Housing 

8 Assistance and Self-Determination Act (25 U.S.C. 

9 4112); and 

10 (3) a collaborative applicant for a Continuum of 

11 Care whose geographic area includes only reserva12 tion and trust land is not required to meet the re13 quirement in section 402(f)(2) of the McKinney14 Vento Homeless Assistance Act (42 U.S.C. 

15 11360a(f)(2)). 

16 SEC. 11022. LEVERAGING. 

17 All funds provided under a grant made pursuant to 

18 this division or the amendments made by this division may 

19 be used for purposes of meeting matching or cost partici20 pation requirements under any other Federal housing pro21 gram, provided that such grants made pursuant to the Na22 tive American Housing Assistance and Self-Determination 

23 Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accord24 ance with that Act. 
2054 

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1 DIVISION K—FORT BELKNAP IN2 DIAN COMMUNITY WATER 

3 RIGHTS SETTLEMENT ACT OF 

4 2023 

5 SEC. 11001. SHORT TITLE. 

6 This division may be cited as the ‘‘Fort Belknap In7 dian Community Water Rights Settlement Act of 2023’’. 

8 SEC. 11002. PURPOSES. 

9 The purposes of this division are— 

10 (1) to achieve a fair, equitable, and final settle11 ment of claims to water rights in the State of Mon12 tana for— 

13 (A) the Fort Belknap Indian Community 

14 of the Fort Belknap Reservation of Montana; 

15 and 

16 (B) the United States, acting as trustee 

17 for the Fort Belknap Indian Community and 

18 allottees; 

19 (2) to authorize, ratify, and confirm the water 

20 rights compact entered into by the Fort Belknap In21 dian Community and the State, to the extent that 

22 the Compact is consistent with this division; 

23 (3) to authorize and direct the Secretary— 

24 (A) to execute the Compact; and 
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†S 2226 ES

1 (B) to take any other actions necessary to 

2 carry out the Compact in accordance with this 

3 division; 

4 (4) to authorize funds necessary for the imple5 mentation of the Compact and this division; and 

6 (5) to authorize the exchange and transfer of 

7 certain Federal and State land. 

8 SEC. 11003. DEFINITIONS. 

9 In this division: 

10 (1) ALLOTTEE.—The term ‘‘allottee’’ means an 

11 individual who holds a beneficial real property inter12 est in an allotment of Indian land that is— 

13 (A) located within the Reservation; and 

14 (B) held in trust by the United States. 

15 (2) BLACKFEET TRIBE.—The term ‘‘Blackfeet 

16 Tribe’’ means the Blackfeet Tribe of the Blackfeet 

17 Indian Reservation of Montana. 

18 (3) CERCLA.—The term ‘‘CERCLA’’ means the 

19 Comprehensive Environmental Response, Compensa20 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

21 seq.). 

22 (4) COMMISSIONER.—The term ‘‘Commis23 sioner’’ means the Commissioner of Reclamation. 

24 (5) COMPACT.—The term ‘‘Compact’’ means— 
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†S 2226 ES

1 (A) the Fort Belknap-Montana water 

2 rights compact dated April 16, 2001, as con3 tained in section 85–20–1001 of the Montana 

4 Code Annotated (2021); and 

5 (B) any appendix (including appendix 

6 amendments), part, or amendment to the Com7 pact that is executed to make the Compact con8 sistent with this division. 

9 (6) ENFORCEABILITY DATE.—The term ‘‘en10 forceability date’’ means the date described in sec11 tion 11011(f). 

12 (7) FORT BELKNAP INDIAN COMMUNITY.—The 

13 term ‘‘Fort Belknap Indian Community’’ means the 

14 Gros Ventre and Assiniboine Tribes of the Fort 

15 Belknap Reservation of Montana, a federally recog16 nized Indian Tribal entity included on the list pub17 lished by the Secretary pursuant to section 104(a) 

18 of the Federally Recognized Indian Tribe List Act of 

19 1994 (25 U.S.C. 5131(a)). 

20 (8) FORT BELKNAP INDIAN COMMUNITY COUN21 CIL.—The term ‘‘Fort Belknap Indian Community 

22 Council’’ means the governing body of the Fort 

23 Belknap Indian Community. 

24 (9) FORT BELKNAP INDIAN IRRIGATION

25 PROJECT.— 
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1 (A) IN GENERAL.—The term ‘‘Fort 

2 Belknap Indian Irrigation Project’’ means the 

3 Federal Indian irrigation project constructed 

4 and operated by the Bureau of Indian Affairs, 

5 consisting of the Milk River unit, including— 

6 (i) the Three Mile unit; and 

7 (ii) the White Bear unit. 

8 (B) INCLUSIONS.—The term ‘‘Fort 

9 Belknap Indian Irrigation Project’’ includes any 

10 addition to the Fort Belknap Indian Irrigation 

11 Project constructed pursuant to this division, 

12 including expansion of the Fort Belknap Indian 

13 Irrigation Project, the Pumping Plant, delivery 

14 Pipe and Canal, the Fort Belknap Reservoir 

15 and Dam, and the Peoples Creek Flood Protec16 tion Project. 

17 (10) IMPLEMENTATION FUND.—The term ‘‘Im18 plementation Fund’’ means the Fort Belknap Indian 

19 Community Water Settlement Implementation Fund 

20 established by section 11013(a). 

21 (11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

22 has the meaning given the term in section 4 of the 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 5304). 
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1 (12) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 

2 means the water impounded on the Marias River in 

3 the State by Tiber Dam, a feature of the Lower 

4 Marias Unit of the Pick-Sloan Missouri River Basin 

5 Program authorized by section 9 of the Act of De6 cember 22, 1944 (commonly known as the ‘‘Flood 

7 Control Act of 1944’’) (58 Stat. 891, chapter 665). 

8 (13) MALTA IRRIGATION DISTRICT.—The term 

9 ‘‘Malta Irrigation District’’ means the public cor10 poration— 

11 (A) created on December 28, 1923, pursu12 ant to the laws of the State relating to irriga13 tion districts; and 

14 (B) headquartered in Malta, Montana. 

15 (14) MILK RIVER.—The term ‘‘Milk River’’ 

16 means the mainstem of the Milk River and each 

17 tributary of the Milk River between the headwaters 

18 of the Milk River and the confluence of the Milk 

19 River with the Missouri River, consisting of— 

20 (A) Montana Water Court Basins 40F, 

21 40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 

22 40O; and 

23 (B) the portion of the Milk River and each 

24 tributary of the Milk River that flows through 
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†S 2226 ES

1 the Canadian Provinces of Alberta and Sas2 katchewan. 

3 (15) MILK RIVER PROJECT.— 

4 (A) IN GENERAL.—The term ‘‘Milk River 

5 Project’’ means the Bureau of Reclamation 

6 project conditionally approved by the Secretary 

7 on March 14, 1903, pursuant to the Act of 

8 June 17, 1902 (32 Stat. 388, chapter 1093), 

9 commencing at Lake Sherburne Reservoir and 

10 providing water to a point approximately 6 

11 miles east of Nashua, Montana. 

12 (B) INCLUSIONS.—The term ‘‘Milk River 

13 Project’’ includes— 

14 (i) the St. Mary Unit; 

15 (ii) the Fresno Dam and Reservoir; 

16 and 

17 (iii) the Dodson pumping unit. 

18 (16) MISSOURI RIVER BASIN.—The term ‘‘Mis19 souri River Basin’’ means the hydrologic basin of 

20 the Missouri River, including tributaries. 

21 (17) OPERATIONS AND MAINTENANCE.—The 

22 term ‘‘operations and maintenance’’ means the Bu23 reau of Indian Affairs operations and maintenance 

24 activities related to costs described in section 
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†S 2226 ES

1 171.500 of title 25, Code of Federal Regulations (or 

2 a successor regulation). 

3 (18) OPERATIONS, MAINTENANCE, AND RE4 PLACEMENT.—The term ‘‘operations, maintenance, 

5 and replacement’’ means— 

6 (A) any recurring or ongoing activity asso7 ciated with the day-to-day operation of a 

8 project; 

9 (B) any activity relating to scheduled or 

10 unscheduled maintenance of a project; and 

11 (C) any activity relating to repairing, re12 placing, or rehabilitating a feature of a project. 

13 (19) PICK-SLOAN MISSOURI RIVER BASIN PRO14 GRAM.—The term ‘‘Pick-Sloan Missouri River Basin 

15 Program’’ means the Pick-Sloan Missouri River 

16 Basin Program (authorized by section 9 of the Act 

17 of December 22, 1944 (commonly known as the 

18 ‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 

19 665)). 

20 (20) PMM.—The term ‘‘PMM’’ means the 

21 Principal Meridian, Montana. 

22 (21) RESERVATION.— 

23 (A) IN GENERAL.—The term ‘‘Reserva24 tion’’ means the area of the Fort Belknap Res-
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1 ervation in the State, as modified by this divi2 sion. 

3 (B) INCLUSIONS.—The term ‘‘Reserva4 tion’’ includes— 

5 (i) all land and interests in land es6 tablished by— 

7 (I) the Agreement with the Gros 

8 Ventre and Assiniboine Tribes of the 

9 Fort Belknap Reservation, ratified by 

10 the Act of May 1, 1888 (25 Stat. 113, 

11 chapter 212), as modified by the 

12 Agreement with the Indians of the 

13 Fort Belknap Reservation of October 

14 9, 1895 (ratified by the Act of June 

15 10, 1896) (29 Stat. 350, chapter 

16 398); 

17 (II) the Act of March 3, 1921 

18 (41 Stat. 1355, chapter 135); and 

19 (III) Public Law 94–114 (25 

20 U.S.C. 5501 et seq.); 

21 (ii) the land known as the ‘‘Hancock 

22 lands’’ purchased by the Fort Belknap In23 dian Community pursuant to the Fort 

24 Belknap Indian Community Council Reso25 lution No. 234–89 (October 2, 1989); and 
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1 (iii) all land transferred to the United 

2 States to be held in trust for the benefit of 

3 the Fort Belknap Indian Community under 

4 section 11006. 

5 (22) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of the Interior. 

7 (23) ST. MARY UNIT.— 

8 (A) IN GENERAL.—The term ‘‘St. Mary 

9 Unit’’ means the St. Mary Storage Unit of the 

10 Milk River Project authorized by Congress on 

11 March 25, 1905. 

12 (B) INCLUSIONS.—The term ‘‘St. Mary 

13 Unit’’ includes— 

14 (i) Sherburne Dam and Reservoir; 

15 (ii) Swift Current Creek Dike; 

16 (iii) Lower St. Mary Lake; 

17 (iv) St. Mary Canal Diversion Dam; 

18 and 

19 (v) St. Mary Canal and appur20 tenances. 

21 (24) STATE.—The term ‘‘State’’ means the 

22 State of Montana. 

23 (25) TRIBAL WATER CODE.—The term ‘‘Tribal 

24 water code’’ means the Tribal water code enacted by 
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1 the Fort Belknap Indian Community pursuant to 

2 section 11005(g). 

3 (26) TRIBAL WATER RIGHTS.—The term ‘‘Trib4 al water rights’’ means the water rights of the Fort 

5 Belknap Indian Community, as described in Article 

6 III of the Compact and this division, including the 

7 allocation of water to the Fort Belknap Indian Com8 munity from Lake Elwell under section 11007. 

9 (27) TRUST FUND.—The term ‘‘Trust Fund’’ 

10 means the Aaniiih Nakoda Settlement Trust Fund 

11 established for the Fort Belknap Indian Community 

12 under section 11012(a). 

13 SEC. 11004. RATIFICATION OF COMPACT. 

14 (a) RATIFICATION OF COMPACT.— 

15 (1) IN GENERAL.—As modified by this division, 

16 the Compact is authorized, ratified, and confirmed. 

17 (2) AMENDMENTS.—Any amendment to the 

18 Compact is authorized, ratified, and confirmed to 

19 the extent that the amendment is executed to make 

20 the Compact consistent with this division. 

21 (b) EXECUTION.— 

22 (1) IN GENERAL.—To the extent that the Com23 pact does not conflict with this division, the Sec24 retary shall execute the Compact, including all ap-
2064 

†S 2226 ES

1 pendices to, or parts of, the Compact requiring the 

2 signature of the Secretary. 

3 (2) MODIFICATIONS.—Nothing in this division 

4 precludes the Secretary from approving any modi5 fication to an appendix to the Compact that is con6 sistent with this division, to the extent that the 

7 modification does not otherwise require congres8 sional approval under section 2116 of the Revised 

9 Statutes (25 U.S.C. 177) or any other applicable 

10 provision of Federal law. 

11 (c) ENVIRONMENTAL COMPLIANCE.— 

12 (1) IN GENERAL.—In implementing the Com13 pact and this division, the Secretary shall comply 

14 with all applicable provisions of— 

15 (A) the Endangered Species Act of 1973 

16 (16 U.S.C. 1531 et seq.); 

17 (B) the National Environmental Policy Act 

18 of 1969 (42 U.S.C. 4321 et seq.), including the 

19 implementing regulations of that Act; and 

20 (C) other applicable Federal environmental 

21 laws and regulations. 

22 (2) COMPLIANCE.— 

23 (A) IN GENERAL.—In implementing the 

24 Compact and this division, the Fort Belknap 

25 Indian Community shall prepare any necessary 
2065 

†S 2226 ES

1 environmental documents, except for any envi2 ronmental documents required under section 

3 11008, consistent with all applicable provisions 

4 of— 

5 (i) the Endangered Species Act of 

6 1973 (16 U.S.C. 1531 et seq.); 

7 (ii) the National Environmental Policy 

8 Act of 1969 (42 U.S.C. 4231 et seq.), in9 cluding the implementing regulations of 

10 that Act; and 

11 (iii) all other applicable Federal envi12 ronmental laws and regulations. 

13 (B) AUTHORIZATIONS.—The Secretary 

14 shall— 

15 (i) independently evaluate the docu16 mentation submitted under subparagraph 

17 (A); and 

18 (ii) be responsible for the accuracy, 

19 scope, and contents of that documentation. 

20 (3) EFFECT OF EXECUTION.—The execution of 

21 the Compact by the Secretary under this section 

22 shall not constitute a major Federal action for pur23 poses of the National Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et seq.). 
2066 

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1 (4) COSTS.—Any costs associated with the per2 formance of the compliance activities described in 

3 paragraph (2) shall be paid from funds deposited in 

4 the Trust Fund, subject to the condition that any 

5 costs associated with the performance of Federal ap6 proval or other review of such compliance work or 

7 costs associated with inherently Federal functions 

8 shall remain the responsibility of the Secretary. 

9 SEC. 11005. TRIBAL WATER RIGHTS. 

10 (a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

11 (1) IN GENERAL.—The Tribal water rights are 

12 ratified, confirmed, and declared to be valid. 

13 (2) USE.—Any use of the Tribal water rights 

14 shall be subject to the terms and conditions of the 

15 Compact and this division. 

16 (3) CONFLICT.—In the event of a conflict be17 tween the Compact and this division, this division 

18 shall control. 

19 (b) INTENT OF CONGRESS.—It is the intent of Con20 gress to provide to each allottee benefits that are equiva21 lent to, or exceed, the benefits the allottees possess on the 

22 day before the date of enactment of this division, taking 

23 into consideration— 
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1 (1) the potential risks, cost, and time delay as2 sociated with litigation that would be resolved by the 

3 Compact and this division; 

4 (2) the availability of funding under this divi5 sion and from other sources; 

6 (3) the availability of water from the Tribal 

7 water rights; and 

8 (4) the applicability of section 7 of the Act of 

9 February 8, 1887 (24 Stat. 390, chapter 119; 25 

10 U.S.C. 381), and this division to protect the inter11 ests of allottees. 

12 (c) TRUST STATUS OF TRIBAL WATER RIGHTS.— 

13 The Tribal water rights— 

14 (1) shall be held in trust by the United States 

15 for the use and benefit of the Fort Belknap Indian 

16 Community and allottees in accordance with this di17 vision; and 

18 (2) shall not be subject to loss through non-use, 

19 forfeiture, or abandonment. 

20 (d) ALLOTTEES.— 

21 (1) APPLICABILITY OF THE ACT OF FEBRUARY

22 8, 1887.—The provisions of section 7 of the Act of 

23 February 8, 1887 (24 Stat. 390, chapter 119; 25 

24 U.S.C. 381), relating to the use of water for irriga25 tion purposes, shall apply to the Tribal water rights. 
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1 (2) ENTITLEMENT TO WATER.—Any entitle2 ment to water of an allottee under Federal law shall 

3 be satisfied from the Tribal water rights. 

4 (3) ALLOCATIONS.—An allottee shall be entitled 

5 to a just and equitable allocation of water for irriga6 tion purposes. 

7 (4) CLAIMS.— 

8 (A) EXHAUSTION OF REMEDIES.—Before 

9 asserting any claim against the United States 

10 under section 7 of the Act of February 8, 1887 

11 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or 

12 any other applicable law, an allottee shall ex13 haust remedies available under the Tribal water 

14 code or other applicable Tribal law. 

15 (B) ACTION FOR RELIEF.—After the ex16 haustion of all remedies available under the 

17 Tribal water code or other applicable Tribal 

18 law, an allottee may seek relief under section 7 

19 of the Act of February 8, 1887 (24 Stat. 390, 

20 chapter 119; 25 U.S.C. 381), or other applica21 ble law. 

22 (5) AUTHORITY OF THE SECRETARY.—The Sec23 retary shall have the authority to protect the rights 

24 of allottees in accordance with this section. 
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1 (e) AUTHORITY OF THE FORT BELKNAP INDIAN

2 COMMUNITY.— 

3 (1) IN GENERAL.—The Fort Belknap Indian 

4 Community shall have the authority to allocate, dis5 tribute, and lease the Tribal water rights for use on 

6 the Reservation in accordance with the Compact, 

7 this division, and applicable Federal law. 

8 (2) OFF-RESERVATION USE.—The Fort 

9 Belknap Indian Community may allocate, distribute, 

10 and lease the Tribal water rights for off-Reservation 

11 use in accordance with the Compact, this division, 

12 and applicable Federal law— 

13 (A) subject to the approval of the Sec14 retary; or 

15 (B) pursuant to Tribal water leasing regu16 lations consistent with the requirements of sub17 section (f). 

18 (3) LAND LEASES BY ALLOTTEES.—Notwith19 standing paragraph (1), an allottee may lease any 

20 interest in land held by the allottee, together with 

21 any water right determined to be appurtenant to the 

22 interest in land, in accordance with the Tribal water 

23 code. 

24 (f) TRIBAL WATER LEASING REGULATIONS.— 
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†S 2226 ES

1 (1) IN GENERAL.—At the discretion of the Fort 

2 Belknap Indian Community, any water lease of the 

3 Fort Belknap Indian Community of the Tribal water 

4 rights for use on or off the Reservation shall not re5 quire the approval of the Secretary if the lease— 

6 (A) is executed under tribal regulations, 

7 approved by the Secretary under this sub8 section; 

9 (B) is in accordance with the Compact; 

10 and 

11 (C) does not exceed a term of 100 years, 

12 except that a lease may include an option to 

13 renew for 1 additional term of not to exceed 

14 100 years. 

15 (2) AUTHORITY OF THE SECRETARY OVER

16 TRIBAL WATER LEASING REGULATIONS.— 

17 (A) IN GENERAL.—The Secretary shall 

18 have the authority to approve or disapprove any 

19 Tribal water leasing regulations issued in ac20 cordance with paragraph (1). 

21 (B) CONSIDERATIONS FOR APPROVAL.— 

22 The Secretary shall approve any Tribal water 

23 leasing regulations issued in accordance with 

24 paragraph (1) if the Tribal water leasing regu25 lations— 
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†S 2226 ES

1 (i) provide for an environmental re2 view process that includes— 

3 (I) the identification and evalua4 tion of any significant effects of the 

5 proposed action on the environment; 

6 and 

7 (II) a process for ensuring that— 

8 (aa) the public is informed 

9 of, and has a reasonable oppor10 tunity to comment on, any sig11 nificant environmental impacts of 

12 the proposed action identified by 

13 the Fort Belknap Indian Com14 munity; and 

15 (bb) the Fort Belknap In16 dian Community provides re17 sponses to relevant and sub18 stantive public comments on 

19 those impacts prior to its ap20 proval of a water lease; and 

21 (ii) are consistent with this division 

22 and the Compact. 

23 (3) REVIEW PROCESS.— 

24 (A) IN GENERAL.—Not later than 120 

25 days after the date on which Tribal water leas-
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†S 2226 ES

1 ing regulations under paragraph (1) are sub2 mitted to the Secretary, the Secretary shall re3 view and approve or disapprove the regulations. 

4 (B) WRITTEN DOCUMENTATION.—If the 

5 Secretary disapproves the Tribal water leasing 

6 regulations described in subparagraph (A), the 

7 Secretary shall include written documentation 

8 with the disapproval notification that describes 

9 the basis for this disapproval. 

10 (C) EXTENSION.—The deadline described 

11 in subparagraph (A) may be extended by the 

12 Secretary, after consultation with the Fort 

13 Belknap Indian Community. 

14 (4) FEDERAL ENVIRONMENTAL REVIEW.—Not15 withstanding paragraphs (2) and (3), if the Fort 

16 Belknap Indian Community carries out a project or 

17 activity funded by a Federal agency, the Fort 

18 Belknap Indian Community— 

19 (A) shall have the authority to rely on the 

20 environmental review process of the applicable 

21 Federal agency; and 

22 (B) shall not be required to carry out a 

23 tribal environmental review process under this 

24 subsection. 
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†S 2226 ES

1 (5) DOCUMENTATION.—If the Fort Belknap In2 dian Community issues a lease pursuant to Tribal 

3 water leasing regulations under paragraph (1), the 

4 Fort Belknap Indian Community shall provide the 

5 Secretary and the State a copy of the lease, includ6 ing any amendments or renewals to the lease. 

7 (6) LIMITATION OF LIABILITY.— 

8 (A) IN GENERAL.—The United States 

9 shall not be liable in any claim relating to the 

10 negotiation, execution, or approval of any lease 

11 or exchange agreement or storage agreement, 

12 including any claims relating to the terms in13 cluded in such an agreement, made pursuant to 

14 Tribal water leasing regulations under para15 graph (1). 

16 (B) OBLIGATIONS.—The United States 

17 shall have no trust obligation or other obliga18 tion to monitor, administer, or account for— 

19 (i) any funds received by the Fort 

20 Belknap Indian Community as consider21 ation under any lease or exchange agree22 ment or storage agreement; or 

23 (ii) the expenditure of those funds. 

24 (g) TRIBAL WATER CODE.— 
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†S 2226 ES

1 (1) IN GENERAL.—Notwithstanding Article 

2 IV.A.2. of the Compact, not later than 4 years after 

3 the date on which the Fort Belknap Indian Commu4 nity approves the Compact in accordance with sec5 tion 11011(f)(1), the Fort Belknap Indian Commu6 nity shall enact a Tribal water code that provides 

7 for— 

8 (A) the administration, management, regu9 lation, and governance of all uses of the Tribal 

10 water rights in accordance with the Compact 

11 and this division; and 

12 (B) the establishment by the Fort Belknap 

13 Indian Community of the conditions, permit re14 quirements, and other requirements for the allo15 cation, distribution, or use of the Tribal water 

16 rights in accordance with the Compact and this 

17 division. 

18 (2) INCLUSIONS.—Subject to the approval of 

19 the Secretary, the Tribal water code shall provide— 

20 (A) that use of water by allottees shall be 

21 satisfied with water from the Tribal water 

22 rights; 

23 (B) a process by which an allottee may re24 quest that the Fort Belknap Indian Community 

25 provide water for irrigation use in accordance 
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1 with this division, including the provision of 

2 water under any allottee lease under section 4 

3 of the Act of June 25, 1910 (36 Stat. 856, 

4 chapter 431; 25 U.S.C. 403); 

5 (C) a due process system for the consider6 ation and determination by the Fort Belknap 

7 Indian Community of any request of an allottee 

8 (or a successor in interest to an allottee) for an 

9 allocation of water for irrigation purposes on al10 lotted land, including a process for— 

11 (i) appeal and adjudication of any de12 nied or disputed distribution of water; and 

13 (ii) resolution of any contested admin14 istrative decision; 

15 (D) a requirement that any allottee assert16 ing a claim relating to the enforcement of rights 

17 of the allottee under the Tribal water code, in18 cluding to the quantity of water allocated to 

19 land of the allottee, shall exhaust all remedies 

20 available to the allottee under Tribal law before 

21 initiating an action against the United States 

22 or petitioning the Secretary pursuant to sub23 section (d)(4)(B); 

24 (E) a process by which an owner of fee 

25 land within the boundaries of the Reservation 
2076 

†S 2226 ES

1 may apply for use of a portion of the Tribal 

2 water rights; and 

3 (F) a process for the establishment of a 

4 controlled Groundwater area and for the man5 agement of that area in cooperation with estab6 lishment of a contiguous controlled Ground7 water area off the Reservation established pur8 suant to Section B.2. of Article IV of the Com9 pact and State law. 

10 (3) ACTION BY SECRETARY.— 

11 (A) IN GENERAL.—During the period be12 ginning on the date of enactment of this Act 

13 and ending on the date on which a Tribal water 

14 code described in paragraphs (1) and (2) is en15 acted, the Secretary shall administer, with re16 spect to the rights of allottees, the Tribal water 

17 rights in accordance with the Compact and this 

18 division. 

19 (B) APPROVAL.—The Tribal water code 

20 described in paragraphs (1) and (2) shall not be 

21 valid unless— 

22 (i) the provisions of the Tribal water 

23 code required by paragraph (2) are ap24 proved by the Secretary; and 
2077 

†S 2226 ES

1 (ii) each amendment to the Tribal 

2 water code that affects a right of an allot3 tee is approved by the Secretary. 

4 (C) APPROVAL PERIOD.— 

5 (i) IN GENERAL.—The Secretary shall 

6 approve or disapprove the Tribal water 

7 code or an amendment to the Tribal water 

8 code by not later than 180 days after the 

9 date on which the Tribal water code or 

10 amendment to the Tribal water code is 

11 submitted to the Secretary. 

12 (ii) EXTENSIONS.—The deadline de13 scribed in clause (i) may be extended by 

14 the Secretary, after consultation with the 

15 Fort Belknap Indian Community. 

16 (h) ADMINISTRATION.— 

17 (1) NO ALIENATION.—The Fort Belknap In18 dian Community shall not permanently alienate any 

19 portion of the Tribal water rights. 

20 (2) PURCHASES OR GRANTS OF LAND FROM IN21 DIANS.—An authorization provided by this division 

22 for the allocation, distribution, leasing, or other ar23 rangement entered into pursuant to this division 

24 shall be considered to satisfy any requirement for 

25 authorization of the action required by Federal law. 
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†S 2226 ES

1 (3) PROHIBITION ON FORFEITURE.—The non2 use of all or any portion of the Tribal water rights 

3 by any water user shall not result in the forfeiture, 

4 abandonment, relinquishment, or other loss of all or 

5 any portion of the Tribal water rights. 

6 (i) EFFECT.—Except as otherwise expressly provided 

7 in this section, nothing in this division— 

8 (1) authorizes any action by an allottee against 

9 any individual or entity, or against the Fort Belknap 

10 Indian Community, under Federal, State, Tribal, or 

11 local law; or 

12 (2) alters or affects the status of any action 

13 brought pursuant to section 1491(a) of title 28, 

14 United States Code. 

15 (j) PICK-SLOAN MISSOURI RIVER BASIN PROGRAM

16 POWER RATES.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, the Secretary, in cooperation with 

19 the Secretary of Energy, shall make available the 

20 Pick-Sloan Missouri River Basin Program irrigation 

21 project pumping power rates to the Fort Belknap 

22 Indian Community, the Fort Belknap Indian Irriga23 tion Project, and any projects funded under this di24 vision. 
2079 

†S 2226 ES

1 (2) AUTHORIZED PURPOSES.—The power rates 

2 made available under paragraph (1) shall be author3 ized for the purposes of wheeling, administration, 

4 and payment of irrigation project pumping power 

5 rates, including project use power for gravity power. 

6 SEC. 11006. EXCHANGE AND TRANSFER OF LAND. 

7 (a) EXCHANGE OF ELIGIBLE LAND AND STATE

8 LAND.— 

9 (1) DEFINITIONS.—In this subsection: 

10 (A) ELIGIBLE LAND.—The term ‘‘eligible 

11 land’’ means— 

12 (i) public lands (as defined in section 

13 103 of the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C. 1702)) 

15 that are administered by the Secretary, 

16 acting through the Director of the Bureau 

17 of Land Management; and 

18 (ii) land in the National Forest Sys19 tem (as defined in section 11(a) of the 

20 Forest and Rangeland Resources Planning 

21 Act of 1974 (16 U.S.C. 1609(a)) that is 

22 administered by the Secretary of Agri23 culture, acting through the Chief of the 

24 Forest Service. 
2080 

†S 2226 ES

1 (B) SECRETARY CONCERNED.—The term 

2 ‘‘Secretary concerned’’ means, as applicable— 

3 (i) the Secretary, with respect to the 

4 eligible land administered by the Bureau of 

5 Land Management; and 

6 (ii) the Secretary of Agriculture, with 

7 respect to eligible land managed by the 

8 Forest Service. 

9 (2) NEGOTIATIONS AUTHORIZED.— 

10 (A) IN GENERAL.—The Secretary con11 cerned shall offer to enter into negotiations 

12 with the State for the purpose of exchanging el13 igible land described in paragraph (4) for the 

14 State land described in paragraph (3). 

15 (B) REQUIREMENTS.—Any exchange of 

16 land made pursuant to this subsection shall be 

17 subject to the terms and conditions of this sub18 section. 

19 (C) PRIORITY.— 

20 (i) IN GENERAL.—In carrying out this 

21 paragraph, the Secretary and the Sec22 retary of Agriculture shall, during the 5- 

23 year period beginning on the date of enact24 ment of this Act, give priority to an ex-
2081 

†S 2226 ES

1 change of eligible land located within the 

2 State for State land. 

3 (ii) SECRETARY OF AGRICULTURE.— 

4 The responsibility of the Secretary of Agri5 culture under clause (i), during the 5-year 

6 period described in that clause, shall be 

7 limited to negotiating with the State an ac8 ceptable package of land in the National 

9 Forest System (as defined in section 11(a) 

10 of the Forest and Rangeland Resources 

11 Planning Act of 1974 (16 U.S.C. 

12 1609(a))). 

13 (3) STATE LAND.—The Secretary is authorized 

14 to accept the following parcels of State land located 

15 on and off the Reservation: 

16 (A) 717.56 acres in T. 26 N., R. 22 E., 

17 sec. 16. 

18 (B) 707.04 acres in T. 27 N., R. 22 E., 

19 sec. 16. 

20 (C) 640 acres in T. 27 N., R. 21 E., sec. 

21 36. 

22 (D) 640 acres in T. 26 N., R. 23 E., sec. 

23 16. 

24 (E) 640 acres in T. 26 N., R. 23 E., sec. 

25 36. 
2082 

†S 2226 ES

1 (F) 640 acres in T. 26 N., R. 26 E., sec. 

2 16. 

3 (G) 640 acres in T. 26 N., R. 22 E., sec. 

4 36. 

5 (H) 640 acres in T. 27 N., R. 23 E., sec. 

6 16. 

7 (I) 640 acres in T. 27 N., R. 25 E., sec. 

8 36. 

9 (J) 640 acres in T. 28 N., R. 22 E., sec. 

10 36. 

11 (K) 640 acres in T. 28 N., R. 23 E., sec. 

12 16. 

13 (L) 640 acres in T. 28 N., R. 24 E., sec. 

14 36. 

15 (M) 640 acres in T. 28 N., R. 25 E., sec. 

16 16. 

17 (N) 640 acres in T. 28 N., R. 25 E., sec. 

18 36. 

19 (O) 640 acres in T. 28 N., R. 26 E., sec. 

20 16. 

21 (P) 94.96 acres in T. 28 N., R. 26 E., sec. 

22 36, under lease by the Fort Belknap Indian 

23 Community Council on the date of enactment of 

24 this Act, comprised of— 

25 (i) 30.68 acres in lot 5; 
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†S 2226 ES

1 (ii) 26.06 acres in lot 6; 

2 (iii) 21.42 acres in lot 7; and 

3 (iv) 16.8 acres in lot 8. 

4 (Q) 652.32 acres in T. 29 N., R. 22 E., 

5 sec. 16, excluding the 73.36 acres under lease 

6 by individuals who are not members of the Fort 

7 Belknap Indian Community, on the date of en8 actment of this Act. 

9 (R) 640 acres in T. 29 N., R. 22 E., sec. 

10 36. 

11 (S) 640 acres in T. 29 N., R. 23 E., sec. 

12 16. 

13 (T) 640 acres in T. 29 N., R. 24 E., sec. 

14 16. 

15 (U) 640 acres in T. 29 N., R. 24 E., sec. 

16 36. 

17 (V) 640 acres in T. 29 N., R. 25 E., sec. 

18 16. 

19 (W) 640 acres in T. 29 N., R. 25 E., sec. 

20 36. 

21 (X) 640 acres in T. 29 N., R. 26 E., sec. 

22 16. 

23 (Y) 663.22 acres in T. 30 N., R. 22 E., 

24 sec. 16, excluding the 58.72 acres under lease 

25 by individuals who are not members of the Fort 
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†S 2226 ES

1 Belknap Indian Community on the date of en2 actment of this Act. 

3 (Z) 640 acres in T. 30 N., R. 22 E., sec. 

4 36. 

5 (AA) 640 acres in T. 30 N., R. 23 E., sec. 

6 16. 

7 (BB) 640 acres in T. 30 N., R. 23 E., sec. 

8 36. 

9 (CC) 640 acres in T. 30 N., R. 24 E., sec. 

10 16. 

11 (DD) 640 acres in T. 30 N., R. 24 E., sec. 

12 36. 

13 (EE) 640 acres in T. 30 N., R. 25 E., sec. 

14 16. 

15 (FF) 275.88 acres in T. 30 N., R. 26 E., 

16 sec. 36, under lease by the Fort Belknap Indian 

17 Community Council on the date of enactment of 

18 this Act. 

19 (GG) 640 acres in T. 31 N., R. 22 E., sec. 

20 36. 

21 (HH) 640 acres in T. 31 N., R. 23 E., sec. 

22 16. 

23 (II) 640 acres in T. 31 N., R. 23 E., sec. 

24 36. 
2085 

†S 2226 ES

1 (JJ) 34.04 acres in T. 31 N., R. 26 E., 

2 sec. 16, lot 4. 

3 (KK) 640 acres in T. 25 N., R. 22 E., sec. 

4 16. 

5 (4) ELIGIBLE LAND.— 

6 (A) IN GENERAL.—Subject to valid exist7 ing rights, the reservation of easements or 

8 rights-of-way deemed necessary to be retained 

9 by the Secretary concerned, and the require10 ments of this subsection, the Secretary is au11 thorized and directed to convey to the State any 

12 eligible land within the State identified in the 

13 negotiations authorized by paragraph (2) and 

14 agreed to by the Secretary concerned. 

15 (B) EXCEPTIONS.—The Secretary con16 cerned shall exclude from any conveyance any 

17 parcel of eligible land that is— 

18 (i) included within the National Land19 scape Conservation System established by 

20 section 2002(a) of the Omnibus Public 

21 Land Management Act of 2009 (16 U.S.C. 

22 7202(a)), without regard to whether that 

23 land has been identified as available for 

24 disposal in a land use plan; 
2086 

†S 2226 ES

1 (ii) designated as wilderness by Con2 gress; 

3 (iii) within a component of the Na4 tional Wild and Scenic Rivers System; or 

5 (iv) designated in the Forest Land 

6 and Resource Management Plan as a Re7 search Natural Area. 

8 (C) ADMINISTRATIVE RESPONSIBILITY.— 

9 The Secretary shall be responsible for meeting 

10 all substantive and any procedural requirements 

11 necessary to complete the exchange and the 

12 conveyance of the eligible land. 

13 (5) LAND INTO TRUST.—On completion of the 

14 land exchange authorized by this subsection, the 

15 Secretary shall, as soon as practicable after the en16 forceability date, take the land received by the 

17 United States pursuant to this subsection into trust 

18 for the benefit of the Fort Belknap Indian Commu19 nity. 

20 (6) TERMS AND CONDITIONS.— 

21 (A) EQUAL VALUE.—The values of the eli22 gible land and State land exchanged under this 

23 subsection shall be equal, except that the Sec24 retary concerned may— 
2087 

†S 2226 ES

1 (i) exchange land that is of approxi2 mately equal value if such an exchange 

3 complies with the requirements of section 

4 206(h) of the Federal Land Policy and 

5 Management Act of 1976 (43 U.S.C. 

6 1716(h)) (and any regulations imple7 menting that section) without regard to 

8 the monetary limitation described in para9 graph (1)(A) of that section; and 

10 (ii) make or accept an equalization 

11 payment, or waive an equalization pay12 ment, if such a payment or waiver of a 

13 payment complies with the requirements of 

14 section 206(b) of that Act (43 U.S.C. 

15 1716(b)) (and any regulations imple16 menting that section). 

17 (B) IMPACTS ON LOCAL GOVERNMENTS.— 

18 In identifying eligible land to be exchanged with 

19 the State, the Secretary concerned and the 

20 State may— 

21 (i) consider the financial impacts of 

22 exchanging specific eligible land on local 

23 governments; and 
2088 

†S 2226 ES

1 (ii) attempt to minimize the financial 

2 impact of the exchange on local govern3 ments. 

4 (C) EXISTING AUTHORIZATIONS.— 

5 (i) ELIGIBLE LAND CONVEYED TO

6 THE STATE.— 

7 (I) IN GENERAL.—Any eligible 

8 land conveyed to the State under this 

9 subsection shall be subject to any 

10 valid existing rights, contracts, leases, 

11 permits, and rights-of-way, unless the 

12 holder of the right, contract, lease, 

13 permit, or right-of-way requests an 

14 earlier termination in accordance with 

15 existing law. 

16 (II) ASSUMPTION BY STATE.— 

17 The State shall assume all benefits 

18 and obligations of the Forest Service 

19 or the Bureau of Land Management, 

20 as applicable, under the existing 

21 rights, contracts, leases, permits, and 

22 rights-of-way described in subclause 

23 (I). 

24 (ii) STATE LAND CONVEYED TO THE

25 UNITED STATES.— 
2089 

†S 2226 ES

1 (I) IN GENERAL.—Any State 

2 land conveyed to the United States 

3 under this subsection and taken into 

4 trust for the benefit of the Fort 

5 Belknap Indian Community subject 

6 shall be to any valid existing rights, 

7 contracts, leases, permits, and rights8 of-way, unless the holder of the right, 

9 contract, lease, permit, or right-of-way 

10 requests an earlier termination in ac11 cordance with existing law. 

12 (II) ASSUMPTION BY BUREAU OF

13 INDIAN AFFAIRS.—The Bureau of In14 dian Affairs shall— 

15 (aa) assume all benefits and 

16 obligations of the State under the 

17 existing rights, contracts, leases, 

18 permits, and rights-of-way de19 scribed in subclause (I); and 

20 (bb) disburse to the Fort 

21 Belknap Indian Community any 

22 amounts that accrue to the 

23 United States from those rights, 

24 contracts, leases, permits, and 

25 rights-of-way, after the date of 
2090 

†S 2226 ES

1 transfer from any sale, bonus, 

2 royalty, or rental relating to that 

3 land in the same manner as 

4 amounts received from other land 

5 held by the Secretary in trust for 

6 the benefit of the Fort Belknap 

7 Indian Community. 

8 (D) PERSONAL PROPERTY.— 

9 (i) IN GENERAL.—Any improvements 

10 constituting personal property, as defined 

11 by State law, belonging to the holder of a 

12 right, contract, lease, permit, or right-of13 way on land transferred to the United 

14 States under this subsection shall— 

15 (I) remain the property of the 

16 holder; and 

17 (II) be removed not later than 90 

18 days after the date on which the 

19 right, contract, lease, permit, or right20 of-way expires, unless the Fort 

21 Belknap Indian Community and the 

22 holder agree otherwise. 

23 (ii) REMAINING PROPERTY.—Any per24 sonal property described in clause (i) re25 maining with the holder described in that 
2091 

†S 2226 ES

1 clause beyond the 90-day period described 

2 in subclause (II) of that clause shall— 

3 (I) become the property of the 

4 Fort Belknap Indian Community; and 

5 (II) be subject to removal and 

6 disposition at the discretion of the 

7 Fort Belknap Indian Community. 

8 (iii) LIABILITY OF PREVIOUS HOLD9 ER.—The holder of personal property de10 scribed in clause (i) shall be liable for costs 

11 incurred by the Fort Belknap Indian Com12 munity in removing and disposing of the 

13 personal property under clause (ii)(II). 

14 (7) TECHNICAL CORRECTIONS.—Notwith15 standing the descriptions of the parcels of land 

16 owned by the State under paragraph (3), the State 

17 may, with the consent of the Fort Belknap Indian 

18 Community, make technical corrections to the legal 

19 land descriptions to more specifically identify the 

20 State parcels to be exchanged. 

21 (8) ASSISTANCE.—The Secretary shall provide 

22 $10,000,000 of financial or other assistance to the 

23 State and the Fort Belknap Indian Community as 

24 may be necessary to obtain the appraisals, and to 
2092 

†S 2226 ES

1 satisfy administrative requirements, necessary to ac2 complish the exchanges under paragraph (2). 

3 (b) FEDERAL LAND TRANSFERS.— 

4 (1) IN GENERAL.—Subject to valid existing 

5 rights and the requirements of this subsection, all 

6 right, title, and interest of the United States in and 

7 to the land described in paragraph (2) shall be held 

8 by the United States in trust for the benefit of the 

9 Fort Belknap Indian Community as part of the Res10 ervation on the enforceability date. 

11 (2) FEDERAL LAND.— 

12 (A) BUREAU OF LAND MANAGEMENT PAR13 CELS.— 

14 (i) 59.46 acres in T. 25 N., R. 22 E., 

15 sec. 4, comprised of— 

16 (I) 19.55 acres in lot 10; 

17 (II) 19.82 acres in lot 11; and 

18 (III) 20.09 acres in lot 16. 

(ii) 324.24 acres in the N1 19 ⁄2 of T. 25 

20 N., R. 22 E., sec. 5. 

21 (iii) 403.56 acres in T. 25 N., R. 22 

22 E., sec. 9, comprised of— 

23 (I) 20.39 acres in lot 2; 

24 (II) 20.72 acres in lot 7; 

25 (III) 21.06 acres in lot 8; 
2093 

†S 2226 ES

1 (IV) 40.00 acres in lot 9; 

2 (V) 40.00 acres in lot 10; 

3 (VI) 40.00 acres in lot 11; 

4 (VII) 40.00 acres in lot 12; 

5 (VIII) 21.39 acres in lot 13; and 

(IX) 160 acres in SW1 6 ⁄4. 

7 (iv) 70.63 acres in T. 25 N., R. 22 

8 E., sec. 13, comprised of— 

9 (I) 18.06 acres in lot 5; 

10 (II) 18.25 acres in lot 6; 

11 (III) 18.44 acres in lot 7; and 

12 (IV) 15.88 acres in lot 8. 

13 (v) 71.12 acres in T. 25 N., R. 22 E., 

14 sec. 14, comprised of— 

15 (I) 17.65 acres in lot 5; 

16 (II) 17.73 acres in lot 6; 

17 (III) 17.83 acres in lot 7; and 

18 (IV) 17.91 acres in lot 8. 

19 (vi) 103.29 acres in T. 25 N., R. 22 

20 E., sec. 15, comprised of— 

21 (I) 21.56 acres in lot 6; 

22 (II) 29.50 acres in lot 7; 

23 (III) 17.28 acres in lot 8; 

24 (IV) 17.41 acres in lot 9; and 

25 (V) 17.54 acres in lot 10. 
2094 

†S 2226 ES

1 (vii) 160 acres in T. 26 N., R. 21 E., 

2 sec. 1, comprised of— 

(I) 80 acres in the S1 3 ⁄2 of the 

NW1 4 ⁄4; and 

(II) 80 acres in the W1 5 ⁄2 of the 

SW1 6 ⁄4. 

7 (viii) 567.50 acres in T. 26 N., R. 21 

8 E., sec. 2, comprised of— 

(I) 82.54 acres in the E1 9 ⁄2 of the 

NW1 10 ⁄4; 

(II) 164.96 acres in the NE1 11 ⁄4; 

12 and 

(III) 320 acres in the S1 13 ⁄2. 

14 (ix) 240 acres in T. 26 N., R. 21 E., 

15 sec. 3, comprised of— 

(I) 40 acres in the SE1 16 ⁄4 of the 

NW1 17 ⁄4; 

(II) 160 acres in the SW1 18 ⁄4; and 

(III) 40 acres in the SW1 19 ⁄4 of the 

SE1 20 ⁄4. 

21 (x) 120 acres in T. 26 N., R. 21 E., 

22 sec. 4, comprised of— 

(I) 80 acres in the E1 23 ⁄2 of the 

SE1 24 ⁄4; and 
2095 

†S 2226 ES

(II) 40 acres in the NW1 1 ⁄4 of the 

SE1 2 ⁄4. 

3 (xi) 200 acres in T. 26 N., R. 21 E., 

4 sec. 5, comprised of— 

(I) 160 acres in the SW1 5 ⁄4; and 

(II) 40 acres in the SW1 6 ⁄4 of the 

NW1 7 ⁄4. 

(xii) 40 acres in the SE1 8 ⁄4 of the 

SE1 9 ⁄4 of T. 26 N., R. 21 E., sec. 6. 

10 (xiii) 240 acres in T. 26 N., R. 21 E., 

11 sec. 8, comprised of— 

(I) 40 acres in the NE1 12 ⁄4 of the 

SW1 13 ⁄4; 

(II) 160 acres in the NW1 14 ⁄4; and 

(III) 40 acres in the NW1 15 ⁄4 of 

the SE1 16 ⁄4. 

(xiv) 320 acres in the E1 17 ⁄2 of T. 26 

18 N., R. 21 E., sec. 9. 

19 (xv) 640 acres in T. 26 N., R. 21 E., 

20 sec. 10. 

21 (xvi) 600 acres in T. 26 N., R. 21 E., 

22 sec. 11, comprised of— 

(I) 320 acres in the N1 23 ⁄2; 

(II) 80 acres in the N1 24 ⁄2 of the 

SE1 25 ⁄4; 
2096 

†S 2226 ES

(III) 160 acres in the SW1 1 ⁄4; and 

(IV) 40 acres in the SW1 2 ⁄4 of the 

SE1 3 ⁄4. 

4 (xvii) 525.81 acres in T. 26 N., R. 22 

5 E., sec. 21, comprised of— 

6 (I) 6.62 acres in lot 1; 

7 (II) 5.70 acres in lot 2; 

8 (III) 56.61 acres in lot 5; 

9 (IV) 56.88 acres in lot 6; 

(V) 320 acres in the W1 10 ⁄2; and 

(VI) 80 acres in the W1 11 ⁄2 of the 

SE1 12 ⁄4. 

13 (xviii) 719.58 acres in T. 26 N., R. 22 

14 E., sec. 28. 

15 (xix) 560 acres in T. 26 N., R. 22 E., 

16 sec. 29, comprised of— 

(I) 320 acres in the N1 17 ⁄2; 

(II) 160 acres in the N1 18 ⁄2 of the 

S1 19 ⁄2; and 

(III) 80 acres in the S1 20 ⁄2 of the 

SE1 21 ⁄4. 

22 (xx) 400 acres in T. 26 N., R. 22 E., 

23 sec. 32, comprised of— 

(I) 320 acres in the S1 24 ⁄2; and 
2097 

†S 2226 ES

(II) 80 acres in the S1 1 ⁄2 of the 

NW1 2 ⁄4. 

3 (xxi) 455.51 acres in T. 26 N., R. 22 

4 E., sec. 33, comprised of— 

5 (I) 58.25 acres in lot 3; 

6 (II) 58.5 acres in lot 4; 

7 (III) 58.76 acres in lot 5; 

(IV) 40 acres in the NW1 8 ⁄4 of the 

NE1 9 ⁄4; 

(V) 160 acres in the SW1 10 ⁄4; and 

(VI) 80 acres in the W1 11 ⁄2 of the 

SE1 12 ⁄4. 

13 (xxii) 88.71 acres in T. 27 N., R. 21 

14 E., sec. 1, comprised of— 

15 (I) 24.36 acres in lot 1; 

16 (II) 24.35 acres in lot 2; and 

(III) 40 acres in the SW1 17 ⁄4 of the 

SW1 18 ⁄4. 

19 (xxiii) 80 acres in T. 27 N., R. 21 E., 

20 sec. 3, comprised of— 

21 (I) 40 acres in lot 11; and 

22 (II) 40 acres in lot 12. 

23 (xxiv) 80 acres in T. 27 N., R. 21 E., 

24 sec. 11, comprised of— 
2098 

†S 2226 ES

(I) 40 acres in the NW1 1 ⁄4 of the 

SW1 2 ⁄4; and 

(II) 40 acres in the SW1 3 ⁄4 of the 

NW1 4 ⁄4. 

5 (xxv) 200 acres in T. 27 N., R. 21 E., 

6 sec. 12, comprised of— 

(I) 80 acres in the E1 7 ⁄2 of the 

SW1 8 ⁄4; 

(II) 40 acres in the NW1 9 ⁄4 of the 

NW1 10 ⁄4; and 

(III) 80 acres in the S1 11 ⁄2 of the 

NW1 12 ⁄4. 

(xxvi) 40 acres in the SE1 13 ⁄4 of the 

NE1 14 ⁄4 of T. 27 N., R. 21 E., sec. 23. 

15 (xxvii) 320 acres in T. 27 N., R. 21 

16 E., sec. 24, comprised of— 

(I) 80 acres in the E1 17 ⁄2 of the 

NW1 18 ⁄4; 

(II) 160 acres in the NE1 19 ⁄4; 

(III) 40 acres in the NE1 20 ⁄4 of the 

SE1 21 ⁄4; and 

(IV) 40 acres in the SW1 22 ⁄4 of the 

SW1 23 ⁄4. 

24 (xxviii) 120 acres in T. 27 N., R. 21 

25 E., sec. 25, comprised of— 
2099 

†S 2226 ES

(I) 80 acres in the S1 1 ⁄2 of the 

NE1 2 ⁄4; and 

(II) 40 acres in the SE1 3 ⁄4 of the 

NW1 4 ⁄4. 

(xxix) 40 acres in the NE1 5 ⁄4 of the 

SE1 6 ⁄4 of T. 27 N., R. 21 E., sec. 26. 

(xxx) 160 acres in the NW1 7 ⁄4 of T. 27 

8 N., R. 21 E., sec. 27. 

(xxxi) 40 acres in the SW1 9 ⁄4 of the 

SW1 10 ⁄4 of T. 27 N., R. 21 E., sec. 29. 

(xxxii) 40 acres in the SW1 11 ⁄4 of the 

NE1 12 ⁄4 of T. 27 N., R. 21 E., sec 30. 

13 (xxxiii) 120 acres in T. 27 N., R. 21 

14 E., sec. 33, comprised of— 

(I) 40 acres in the SE1 15 ⁄4 of the 

NE1 16 ⁄4; and 

(II) 80 acres in the N1 17 ⁄2 of the 

SE1 18 ⁄4. 

19 (xxxiv) 440 acres in T. 27 N., R. 21 

20 E., sec. 34, comprised of— 

(I) 160 acres in the N1 21 ⁄2 of the 

S1 22 ⁄2; 

(II) 160 acres in the NE1 23 ⁄4; 

(III) 80 acres in the S1 24 ⁄2 of the 

NW1 25 ⁄4; and 
2100 

†S 2226 ES

(IV) 40 acres in the SE1 1 ⁄4 of the 

SE1 2 ⁄4. 

3 (xxxv) 133.44 acres in T. 27 N., R. 

4 22 E., sec. 4, comprised of— 

5 (I) 28.09 acres in lot 5; 

6 (II) 25.35 acres in lot 6; 

7 (III) 40 acres in lot 10; and 

8 (IV) 40 acres in lot 15. 

9 (xxxvi) 160 acres in T. 27 N., R. 22 

10 E., sec. 7, comprised of— 

(I) 40 acres in the NE1 11 ⁄4 of the 

NE1 12 ⁄4; 

(II) 40 acres in the NW1 13 ⁄4 of the 

SW1 14 ⁄4; and 

(III) 80 acres in the W1 15 ⁄2 of the 

NW1 16 ⁄4. 

17 (xxxvii) 120 acres in T. 27 N., R. 22 

18 E., sec. 8, comprised of— 

(I) 80 acres in the E1 19 ⁄2 of the 

NW1 20 ⁄4; and 

(II) 40 acres in the NE1 21 ⁄4 of the 

SW1 22 ⁄4. 

(xxxviii) 40 acres in the SW1 23 ⁄4 of the 

NW1 24 ⁄4 of T. 27 N., R. 22 E., sec. 9. 
2101 

†S 2226 ES

(xxxix) 40 acres in the NE1 1 ⁄4 of the 

SW1 2 ⁄4 of T. 27 N., R. 22 E., sec. 17. 

(xl) 40 acres in the NW1 3 ⁄4 of the 

NW1 4 ⁄4 of T. 27 N., R. 22 E., sec. 19. 

(xli) 40 acres in the SE1 5 ⁄4 of the 

NW1 6 ⁄4 of T. 27 N., R22 E., sec. 20. 

(xlii) 80 acres in the W1⁄2 of the SE1 7 ⁄4

8 of T. 27 N., R. 22 E., sec. 31. 

(xliii) 52.36 acres in the SE1 9 ⁄4 of the 

SE1 10 ⁄4 of T. 27 N., R. 22 E., sec. 33. 

(xliv) 40 acres in the NE1 11 ⁄4 of the 

SW1 12 ⁄4 of T. 28 N., R. 22 E., sec. 29. 

(xlv) 40 acres in the NE1 13 ⁄4 of the 

NE1 14 ⁄4 of T. 26 N., R. 21 E., sec. 7. 

(xlvi) 40 acres in the SW1 15 ⁄4 of the 

NW1 16 ⁄4 of T. 26 N., R. 21 E., sec. 12. 

(xlvii) 42.38 acres in the NW1 17 ⁄4 of the 

NE1 18 ⁄4 of T. 26 N., R. 22 E., sec. 6. 

(xlviii) 320 acres in the E1 19 ⁄2 of T. 26 

20 N., R. 22 E., sec. 17. 

(xlix) 80 acres in the E1 21 ⁄2 of the 

NE1 22 ⁄4 of T. 26 N., R. 22 E., sec. 20. 

23 (l) 240 acres in T. 26 N., R. 22 E., 

24 sec. 30, comprised of— 
2102 

†S 2226 ES

(I) 80 acres in the E1 1 ⁄2 of the 

NE1 2 ⁄4; 

(II) 80 acres in the N1 3 ⁄2 of the 

SE1 4 ⁄4; 

(III) 40 acres in the SE1 5 ⁄4 of the 

NW1 6 ⁄4; and 

(IV) 40 acres in the SW1 7 ⁄4 of the 

NE1 8 ⁄4. 

9 (B) BUREAU OF INDIAN AFFAIRS.—The 

10 parcels of approximately 3,519.3 acres of trust 

11 land that have been converted to fee land, judi12 cially foreclosed on, acquired by the Depart13 ment of Agriculture, and transferred to the Bu14 reau of Indian Affairs, described in clauses (i) 

15 through (iii). 

16 (i) PARCEL 1.—The land described in 

17 this clause is 640 acres in T. 29 N., R. 26 

18 E., comprised of— 

(I) 160 acres in the SW1 19 ⁄4 of sec. 

20 27; 

(II) 160 acres in the NE1 21 ⁄4 of 

22 sec. 33; and 

(III) 320 acres in the W1 23 ⁄2 of 

24 sec. 34. 
2103 

†S 2226 ES

1 (ii) PARCEL 2.—The land described in 

this clause is 320 acres in the N1 2 ⁄2 of T. 

3 30 N., R. 23 E., sec. 28. 

4 (iii) PARCEL 3.—The land described 

5 in this clause is 2,559.3 acres, comprised 

6 of— 

7 (I) T. 28 N., R. 24 E., includ8 ing— 

9 (aa) of sec. 16— 

10 (AA) 5 acres in the 

E1⁄2, W1⁄2, E1⁄2, W1⁄2, W1 11 ⁄2, 

NE1 12 ⁄4; 

13 (BB) 10 acres in the 

E1⁄2, E1⁄2, W1⁄2, W1 14 ⁄2, 

NE1 15 ⁄4; 

16 (CC) 40 acres in the 

E1⁄2, W1⁄2, NE1 17 ⁄4; 

18 (DD) 40 acres in the 

W1⁄2, E1⁄2, NE1 19 ⁄4; 

20 (EE) 20 acres in the 

W1⁄2, E1⁄2, E1⁄2, NE1 21 ⁄4; 

22 (FF) 5 acres in the 

W1⁄2, W1⁄2, E1⁄2, E1⁄2, E1 23 ⁄2, 

NE1 24 ⁄4; and 
2104 

†S 2226 ES

1 (GG) 160 acres in the 

SE1 2 ⁄4; 

3 (bb) 640 acres in sec. 21; 

(cc) 320 acres in the S1 4 ⁄2 of 

5 sec. 22; and 

(dd) 320 acres in the W1 6 ⁄2

7 of sec. 27; 

8 (II) T. 29 N., R. 25 E., PMM, 

9 including— 

(aa) 320 acres in the S1 10 ⁄2 of 

11 sec. 1; and 

(bb) 320 acres in the N1 12 ⁄2 of 

13 sec. 12; 

14 (III) 39.9 acres in T. 29 N., R. 

15 26 E., PMM, sec. 6, lot 2; 

16 (IV) T. 30 N., R. 26 E., PMM, 

17 including— 

18 (aa) 39.4 acres in sec. 3, lot 

19 2; 

(bb) 40 acres in the SW1 20 ⁄4

of the SW1 21 ⁄4 of sec. 4; 

(cc) 80 acres in the E1 22 ⁄2 of 

the SE1 23 ⁄4 of sec. 5; 

(dd) 80 acres in the S1 24 ⁄2 of 

the SE1 25 ⁄4 of sec. 7; and 
2105 

†S 2226 ES

(ee) 40 acres in the N1 1 ⁄2, 

N1⁄2, NE1 2 ⁄4 of sec. 18; and 

3 (V) 40 acres in T. 31 N., R. 26 

E., PMM, the NW1⁄4 of the SE1 4 ⁄4 of 

5 sec. 31. 

6 (3) TERMS AND CONDITIONS.— 

7 (A) EXISTING AUTHORIZATIONS.— 

8 (i) IN GENERAL.—Federal land trans9 ferred under this subsection shall be con10 veyed and taken into trust subject to valid 

11 existing rights, contracts, leases, permits, 

12 and rights-of-way, unless the holder of the 

13 right, contract, lease, permit, and rights14 of-way requests an earlier termination in 

15 accordance with existing law. 

16 (ii) ASSUMPTION BY BUREAU OF IN17 DIAN AFFAIRS.—The Bureau of Indian Af18 fairs shall— 

19 (I) assume all benefits and obli20 gations of the previous land manage21 ment agency under the existing rights, 

22 contracts, leases, permits, and rights23 of-way described in clause (i); and 

24 (II) disburse to the Fort Belknap 

25 Indian Community any amounts that 
2106 

†S 2226 ES

1 accrue to the United States from 

2 those rights, contracts, leases, per3 mits, and rights-of-ways after the date 

4 of transfer from any sale, bonus, roy5 alty, or rental relating to that land in 

6 the same manner as amounts received 

7 from other land held by the Secretary 

8 in trust for the Fort Belknap Indian 

9 Community. 

10 (B) PERSONAL PROPERTY.— 

11 (i) IN GENERAL.—Any improvements 

12 constituting personal property, as defined 

13 by State law, belonging to the holder of a 

14 right, contract, lease, permit, or right-of15 way on land transferred under this sub16 section shall— 

17 (I) remain the property of the 

18 holder; and 

19 (II) be removed from the land 

20 not later than 90 days after the date 

21 on which the right, contract, lease, 

22 permit, or right-of-way expires, unless 

23 the Fort Belknap Indian Community 

24 and the holder agree otherwise. 
2107 

†S 2226 ES

1 (ii) REMAINING PROPERTY.—Any per2 sonal property described in clause (i) re3 maining with the holder described in that 

4 clause beyond the 90-day period described 

5 in subclause (II) of that clause shall— 

6 (I) become the property of the 

7 Fort Belknap Indian Community; and 

8 (II) be subject to removal and 

9 disposition at the discretion of the 

10 Fort Belknap Indian Community. 

11 (iii) LIABILITY OF PREVIOUS HOLD12 ER.—The holder of personal property de13 scribed in clause (i) shall be liable to the 

14 Fort Belknap Indian Community for costs 

15 incurred by the Fort Belknap Indian Com16 munity in removing and disposing of the 

17 property under clause (ii)(II). 

18 (C) EXISTING ROADS.—If any road within 

19 the Federal land transferred under this sub20 section is necessary for customary access to pri21 vate land, the Bureau of Indian Affairs shall 

22 offer the owner of the private land to apply for 

23 a right-of-way along the existing road, at the 

24 expense of the landowner. 
2108 

†S 2226 ES

1 (D) LIMITATION ON THE TRANSFER OF

2 WATER RIGHTS.—Water rights that transfer 

3 with the land described in paragraph (2) shall 

4 not become part of the Tribal water rights, un5 less those rights are recognized and ratified in 

6 the Compact. 

7 (4) WITHDRAWAL OF FEDERAL LAND.— 

8 (A) IN GENERAL.—Subject to valid exist9 ing rights, effective on the date of enactment of 

10 this Act, all Federal land within the parcels de11 scribed in paragraph (2) is withdrawn from all 

12 forms of— 

13 (i) entry, appropriation, or disposal 

14 under the public land laws; 

15 (ii) location, entry, and patent under 

16 the mining laws; and 

17 (iii) disposition under all laws per18 taining to mineral and geothermal leasing 

19 or mineral materials. 

20 (B) EXPIRATION.—The withdrawals pursu21 ant to subparagraph (A) shall terminate on the 

22 date that the Secretary takes the land into 

23 trust for the benefit of the Fort Belknap Indian 

24 Community pursuant to paragraph (1). 
2109 

†S 2226 ES

1 (C) NO NEW RESERVATION OF FEDERAL

2 WATER RIGHTS.—Nothing in this paragraph es3 tablishes a new reservation in favor of the 

4 United States or the Fort Belknap Indian Com5 munity with respect to any water or water right 

6 on the land withdrawn by this paragraph. 

7 (5) TECHNICAL CORRECTIONS.—Notwith8 standing the descriptions of the parcels of Federal 

9 land in paragraph (2), the United States may, with 

10 the consent of the Fort Belknap Indian Community, 

11 make technical corrections to the legal land descrip12 tions to more specifically identify the parcels. 

13 (6) SURVEY.— 

14 (A) IN GENERAL.—Unless the United 

15 States or the Fort Belknap Indian Community 

16 request an additional survey for the transferred 

17 land or a technical correction is made under 

18 paragraph (5), the description of land under 

19 this subsection shall be controlling. 

20 (B) ADDITIONAL SURVEY.—If the United 

21 States or the Fort Belknap Indian Community 

22 requests an additional survey, that survey shall 

23 control the total acreage to be transferred into 

24 trust under this subsection. 
2110 

†S 2226 ES

1 (C) ASSISTANCE.—The Secretary shall 

2 provide such financial or other assistance as 

3 may be necessary— 

4 (i) to conduct additional surveys 

5 under this subsection; and 

6 (ii) to satisfy administrative require7 ments necessary to accomplish the land 

8 transfers under this subsection. 

9 (7) DATE OF TRANSFER.—The Secretary shall 

10 complete all land transfers under this subsection and 

11 shall take the land into trust for the benefit of the 

12 Fort Belknap Indian Community as expeditiously as 

13 practicable after the enforceability date, but not 

14 later than 10 years after the enforceability date. 

15 (c) TRIBALLY OWNED FEE LAND.—Not later than 

16 10 years after the enforceability date, the Secretary shall 

17 take into trust for the benefit of the Fort Belknap Indian 

18 Community all fee land owned by the Fort Belknap Indian 

19 Community on or adjacent to the Reservation to become 

20 part of the Reservation, provided that— 

21 (1) the land is free from any liens, encum22 brances, or other infirmities; and 

23 (2) no evidence exists of any hazardous sub24 stances on, or other environmental liability with re25 spect to, the land. 
2111 

†S 2226 ES

1 (d) DODSON LAND.— 

2 (1) IN GENERAL.—Subject to paragraph (2), as 

3 soon as practicable after the enforceability date, but 

4 not later than 10 years after the enforceability date, 

5 the Dodson Land described in paragraph (3) shall 

6 be taken into trust by the United States for the ben7 efit of the Fort Belknap Indian Community as part 

8 of the Reservation. 

9 (2) RESTRICTIONS.—The land taken into trust 

10 under paragraph (1) shall be subject to a perpetual 

11 easement, reserved by the United States for use by 

12 the Bureau of Reclamation, its contractors, and its 

13 assigns for— 

14 (A) the right of ingress and egress for 

15 Milk River Project purposes; 

16 (B) the right to— 

17 (i) seep, flood, and overflow the trans18 ferred land for Milk River Project pur19 poses; 

20 (ii) conduct routine and non-routine 

21 operation, maintenance, and replacement 

22 activities on the Milk River Project facili23 ties, including modification to the 

24 headworks at the upstream end of the 

25 Dodson South Canal in support of Dodson 
2112 

†S 2226 ES

1 South Canal enlargement, to include all as2 sociated access, construction, and material 

3 storage necessary to complete those activi4 ties; and 

5 (iii) prohibit the construction of per6 manent structures on the transferred land, 

7 except— 

8 (I) as provided in the cooperative 

9 agreement under paragraph (4); and 

10 (II) to meet the requirements of 

11 the Milk River Project. 

12 (3) DESCRIPTION OF DODSON LAND.— 

13 (A) IN GENERAL.—The Dodson Land re14 ferred to in paragraphs (1) and (2) is the ap15 proximately 2,500 acres of land owned by the 

16 United States that is, as of the date of enact17 ment of this Act, under the jurisdiction of the 

18 Bureau of Reclamation and located at the 

19 northeastern corner of the Reservation (which 

20 extends to the point in the middle of the main 

21 channel of the Milk River), where the Milk 

22 River Project facilities, including the Dodson 

23 Diversion Dam, headworks to the Dodson 

24 South Canal, and Dodson South Canal, are lo-
2113 

†S 2226 ES

1 cated, and more particularly described as fol2 lows: 

3 (i) Supplemental Plat of T. 30 N., R. 

4 26 E., PMM, secs. 1 and 2. 

5 (ii) Supplemental Plat of T. 31 N., R. 

6 25 E., PMM, sec. 13. 

7 (iii) Supplemental Plat of T. 31 N., 

8 R. 26 E., PMM, secs. 18, 19, 20, and 29. 

9 (iv) Supplemental Plat of T. 31 N., R. 

10 26 E., PMM, secs. 26, 27, 35, and 36. 

11 (B) CLARIFICATION.—The supplemental 

12 plats described in clauses (i) through (iv) of 

13 subparagraph (A) are official plats, as docu14 mented by retracement boundary surveys of the 

15 General Land Office, approved on March 11, 

16 1938, and on record at the Bureau of Land 

17 Management. 

18 (C) TECHNICAL CORRECTIONS.—Notwith19 standing the descriptions of the parcels of Fed20 eral land in subparagraph (A), the United 

21 States may, with the consent of the Fort 

22 Belknap Indian Community, make technical 

23 corrections to the legal land descriptions to 

24 more specifically identify the parcels to be 

25 transferred. 
2114 

†S 2226 ES

1 (4) COOPERATIVE AGREEMENT.—Not later 

2 than 3 years after the enforceability date, the Bu3 reau of Reclamation, the Malta Irrigation District, 

4 the Bureau of Indian Affairs, and the Fort Belknap 

5 Indian Community shall negotiate and enter into a 

6 cooperative agreement that identifies the uses to 

7 which the Fort Belknap Indian Community may put 

8 the land described in paragraph (3), provided that 

9 the cooperative agreement may be amended by mu10 tual agreement of the Fort Belknap Indian Commu11 nity, Bureau of Reclamation, the Malta Irrigation 

12 District, and the Bureau of Indian Affairs, including 

13 to modify the perpetual easement to narrow the 

14 boundaries of the easement or to terminate the per15 petual easement and cooperative agreement. 

16 (e) LAND STATUS.—All land held in trust by the 

17 United States for the benefit of the Fort Belknap Indian 

18 Community under this section shall be— 

19 (1) beneficially owned by the Fort Belknap In20 dian Community; and 

21 (2) part of the Reservation and administered in 

22 accordance with the laws and regulations generally 

23 applicable to land held in trust by the United States 

24 for the benefit of an Indian Tribe. 
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1 SEC. 11007. STORAGE ALLOCATION FROM LAKE ELWELL. 

2 (a) STORAGE ALLOCATION OF WATER TO FORT

3 BELKNAP INDIAN COMMUNITY.—The Secretary shall allo4 cate to the Fort Belknap Indian Community 20,000 acre5 feet per year of water stored in Lake Elwell for use by 

6 the Fort Belknap Indian Community for any beneficial 

7 purpose on or off the Reservation, under a water right 

8 held by the United States and managed by the Bureau 

9 of Reclamation for the benefit of the Fort Belknap Indian 

10 Community, as measured and diverted at the outlet works 

11 of the Tiber Dam or through direct pumping from Lake 

12 Elwell. 

13 (b) TREATMENT.— 

14 (1) IN GENERAL.—The allocation to the Fort 

15 Belknap Indian Community under subsection (a) 

16 shall be considered to be part of the Tribal water 

17 rights. 

18 (2) PRIORITY DATE.—The priority date of the 

19 allocation to the Fort Belknap Indian Community 

20 under subsection (a) shall be the priority date of the 

21 Lake Elwell water right held by the Bureau of Rec22 lamation. 

23 (3) ADMINISTRATION.—The Fort Belknap In24 dian Community shall administer the water allocated 

25 under subsection (a) in accordance with the Com26 pact and this division. 
2116 

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1 (c) ALLOCATION AGREEMENT.— 

2 (1) IN GENERAL.—As a condition of receiving 

3 the allocation under this section, the Fort Belknap 

4 Indian Community shall enter into an agreement 

5 with the Secretary to establish the terms and condi6 tions of the allocation, in accordance with the Com7 pact and this division. 

8 (2) INCLUSIONS.—The agreement under para9 graph (1) shall include provisions establishing that— 

10 (A) the agreement shall be without limit as 

11 to term; 

12 (B) the Fort Belknap Indian Community, 

13 and not the United States, shall be entitled to 

14 all consideration due to the Fort Belknap In15 dian Community under any lease, contract, ex16 change, or agreement entered into by the Fort 

17 Belknap Indian Community pursuant to sub18 section (d); 

19 (C) the United States shall have no obliga20 tion to monitor, administer, or account for— 

21 (i) any funds received by the Fort 

22 Belknap Indian Community as consider23 ation under any lease, contract, exchange, 

24 or agreement entered into by the Fort 
2117 

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1 Belknap Indian Community pursuant to 

2 subsection (d); or 

3 (ii) the expenditure of those funds; 

4 (D) if the capacity or function of Lake 

5 Elwell facilities are significantly reduced, or are 

6 anticipated to be significantly reduced, for an 

7 extended period of time, the Fort Belknap In8 dian Community shall have the same storage 

9 rights as other storage contractors with respect 

10 to the allocation under this section; 

11 (E) the costs associated with the construc12 tion of the storage facilities at Tiber Dam allo13 cable to the Fort Belknap Indian Community 

14 shall be nonreimbursable; 

15 (F) no water service capital charge shall be 

16 due or payable for any water allocated to the 

17 Fort Belknap Indian Community under this 

18 section or the allocation agreement, regardless 

19 of whether that water is delivered for use by the 

20 Fort Belknap Indian Community or under a 

21 lease, contract, exchange, or by agreement en22 tered into by the Fort Belknap Indian Commu23 nity pursuant to subsection (d); 

24 (G) the Fort Belknap Indian Community 

25 shall not be required to make payments to the 
2118 

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1 United States for any water allocated to the 

2 Fort Belknap Indian Community under this 

3 section or the allocation agreement, except for 

4 each acre-foot of stored water leased or trans5 ferred for industrial purposes as described in 

6 subparagraph (H); and 

7 (H) for each acre-foot of stored water 

8 leased or transferred by the Fort Belknap In9 dian Community for industrial purposes— 

10 (i) the Fort Belknap Indian Commu11 nity shall pay annually to the United 

12 States an amount necessary to cover the 

13 proportional share of the annual oper14 ations, maintenance, and replacement costs 

15 allocable to the quantity of water leased or 

16 transferred by the Fort Belknap Indian 

17 Community for industrial purposes; and 

18 (ii) the annual payments of the Fort 

19 Belknap Indian Community shall be re20 viewed and adjusted, as appropriate, to re21 flect the actual operations, maintenance, 

22 and replacement costs for Tiber Dam. 

23 (d) AGREEMENT BY FORT BELKNAP INDIAN COMMU24 NITY.—The Fort Belknap Indian Community may use, 

25 lease, contract, exchange, or enter into other agreements 
2119 

†S 2226 ES

1 for the use of the water allocated to the Fort Belknap 

2 Indian Community under subsection (a) if— 

3 (1) the use of water that is the subject of such 

4 an agreement occurs within the Missouri River 

5 Basin; and 

6 (2) the agreement does not permanently alien7 ate any water allocated to the Fort Belknap Indian 

8 Community under that subsection. 

9 (e) EFFECTIVE DATE.—The allocation under sub10 section (a) takes effect on the enforceability date. 

11 (f) NO CARRYOVER STORAGE.—The allocation under 

12 subsection (a) shall not be increased by any year-to-year 

13 carryover storage. 

14 (g) DEVELOPMENT AND DELIVERY COSTS.—The 

15 United States shall not be required to pay the cost of de16 veloping or delivering any water allocated under this sec17 tion. 

18 SEC. 11008. MILK RIVER PROJECT MITIGATION. 

19 (a) IN GENERAL.—In complete satisfaction of the 

20 Milk River Project mitigation requirements provided for 

21 in Article VI.B. of the Compact, the Secretary, acting 

22 through the Commissioner— 

23 (1) in cooperation with the State and the 

24 Blackfeet Tribe, shall carry out appropriate activi25 ties concerning the restoration of the St. Mary 
2120 

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1 Canal and associated facilities, including activities 

2 relating to the— 

3 (A) planning and design to restore the St. 

4 Mary Canal and appurtenances to convey 850 

5 cubic-feet per second; and 

6 (B) rehabilitating, constructing, and re7 pairing of the St. Mary Canal and appur8 tenances; and 

9 (2) in cooperation with the State and the Fort 

10 Belknap Indian Community, shall carry out appro11 priate activities concerning the enlargement of 

12 Dodson South Canal and associated facilities, includ13 ing activities relating to the— 

14 (A) planning and design to enlarge Dodson 

15 South Canal and headworks at the upstream 

16 end of Dodson South Canal to divert and con17 vey 700 cubic-feet per second; and 

18 (B) rehabilitating, constructing, and en19 larging the Dodson South Canal and headworks 

20 at the upstream end of Dodson South Canal to 

21 divert and convey 700 cubic-feet per second. 

22 (b) FUNDING.—The total amount of obligations in23 curred by the Secretary, prior to any adjustments provided 

24 for in section 11014(b), shall not exceed $300,000,000 to 

25 carry out activities described in subsection (c)(1). 
2121 

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1 (c) SATISFACTION OF MITIGATION REQUIREMENT.— 

2 Notwithstanding any provision of the Compact, the miti3 gation required by Article VI.B. of the Compact shall be 

4 deemed satisfied if— 

5 (1) the Secretary has— 

6 (A) restored the St. Mary Canal and asso7 ciated facilities to convey 850 cubic-feet per sec8 ond; and 

9 (B) enlarged the Dodson South Canal and 

10 headworks at the upstream end of Dodson 

11 South Canal to divert and convey 700 cubic-feet 

12 per second; or 

13 (2) the Secretary— 

14 (A) has expended all of the available fund15 ing provided pursuant to section 

16 11014(a)(1)(D) to rehabilitate the St. Mary 

17 Canal and enlarge the Dodson South Canal; 

18 and 

19 (B) despite diligent efforts, could not com20 plete the activities described in subsection (a). 

21 (d) NONREIMBURSABILITY OF COSTS.—The costs to 

22 the Secretary of carrying out this section shall be nonreim23 bursable. 
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1 SEC. 11009. FORT BELKNAP INDIAN IRRIGATION PROJECT 

2 SYSTEM. 

3 (a) IN GENERAL.—Subject to the availability of ap4 propriations, the Secretary shall rehabilitate, modernize, 

5 and expand the Fort Belknap Indian Irrigation Project, 

6 as generally described in the document of Natural Re7 sources Consulting Engineers, Inc., entitled ‘‘Fort 

8 Belknap Indian Community Comprehensive Water Devel9 opment Plan’’ and dated February 2019, which shall in10 clude— 

11 (1) planning, studies, and designing of the ex12 isting and expanded Milk River unit, including the 

13 irrigation system, Pumping Plant, delivery pipe and 

14 canal, Fort Belknap Dam and Reservoir, and Peo15 ples Creek Flood Protection Project; 

16 (2) the rehabilitation, modernization, and con17 struction of the existing Milk River unit; and 

18 (3) construction of the expanded Milk River 

19 unit, including the irrigation system, Pumping 

20 Plant, delivery pipe and canal, Fort Belknap Dam 

21 and Reservoir, and Peoples Creek Flood Protection 

22 Project. 

23 (b) LEAD AGENCY.—The Bureau of Indian Affairs, 

24 in coordination with the Bureau of Reclamation, shall 

25 serve as the lead agency with respect to any activities car26 ried out under this section. 
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1 (c) CONSULTATION WITH THE FORT BELKNAP IN2 DIAN COMMUNITY.—The Secretary shall consult with the 

3 Fort Belknap Indian Community on appropriate changes 

4 to the final design and costs of any activity under this 

5 section. 

6 (d) FUNDING.—The total amount of obligations in7 curred by the Secretary in carrying out this section, prior 

8 to any adjustment provided for in section 11014(b), shall 

9 not exceed $415,832,153. 

10 (e) NONREIMBURSABILITY OF COSTS.—All costs in11 curred by the Secretary in carrying out this section shall 

12 be nonreimbursable. 

13 (f) ADMINISTRATION.—The Secretary and the Fort 

14 Belknap Indian Community shall negotiate the cost of any 

15 oversight activity carried out by the Bureau of Indian Af16 fairs or the Bureau of Reclamation under any agreement 

17 entered into under subsection (j), subject to the condition 

18 that the total cost for the oversight shall not exceed 3 per19 cent of the total project costs for each project. 

20 (g) PROJECT MANAGEMENT COMMITTEE.—Not later 

21 than 1 year after the date of enactment of this Act, the 

22 Secretary shall facilitate the formation of a project man23 agement committee composed of representatives of the 

24 Bureau of Indian Affairs, the Bureau of Reclamation, and 

25 the Fort Belknap Indian Community— 
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1 (1) to review and make recommendations relat2 ing to cost factors, budgets, and implementing the 

3 activities for rehabilitating, modernizing, and ex4 panding the Fort Belknap Indian Irrigation Project; 

5 and 

6 (2) to improve management of inherently gov7 ernmental activities through enhanced communica8 tion. 

9 (h) PROJECT EFFICIENCIES.—If the total cost of 

10 planning, studies, design, rehabilitation, modernization, 

11 and construction activities relating to the projects de12 scribed in subsection (a) results in cost savings and is less 

13 than the amounts authorized to be obligated, the Sec14 retary, at the request of the Fort Belknap Indian Commu15 nity, shall deposit those savings in the Fort Belknap In16 dian Community Water Resources and Water Rights Ad17 ministration, Operation, and Maintenance Account estab18 lished under section 11012(b)(2). 

19 (i) TREATMENT.—Any activities carried out pursuant 

20 to this section that result in improvements, additions, or 

21 modifications to the Fort Belknap Indian Irrigation 

22 Project shall— 

23 (1) become a part of the Fort Belknap Indian 

24 Irrigation Project; and 
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1 (2) be recorded in the inventory of the Sec2 retary relating to the Fort Belknap Indian Irrigation 

3 Project. 

4 (j) APPLICABILITY OF ISDEAA.—At the request of 

5 the Fort Belknap Indian Community, and in accordance 

6 with the Indian Self-Determination and Education Assist7 ance Act (25 U.S.C. 5301 et seq.), the Secretary shall 

8 enter into agreements with the Fort Belknap Indian Com9 munity to carry out all or a portion of this section. 

10 (k) EFFECT.—Nothing in this section— 

11 (1) alters any applicable law under which the 

12 Bureau of Indian Affairs collects assessments or car13 ries out the operations and maintenance of the Fort 

14 Belknap Indian Irrigation Project; or 

15 (2) impacts the availability of amounts under 

16 section 11014. 

17 (l) SATISFACTION OF FORT BELKNAP INDIAN IRRI18 GATION PROJECT SYSTEM REQUIREMENT.—The obliga19 tions of the Secretary under subsection (a) shall be 

20 deemed satisfied if the Secretary— 

21 (1) has rehabilitated, modernized, and expanded 

22 the Fort Belknap Indian Irrigation Project in ac23 cordance with subsection (a); or 
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1 (2)(A) has expended all of the available funding 

2 provided pursuant to paragraphs (1)(C) and 

3 (2)(A)(iv) of section 11014(a); and 

4 (B) despite diligent efforts, could not complete 

5 the activities described in subsection (a). 

6 SEC. 11010. SATISFACTION OF CLAIMS. 

7 (a) IN GENERAL.—The benefits provided under this 

8 division shall be in complete replacement of, complete sub9 stitution for, and full satisfaction of any claim of the Fort 

10 Belknap Indian Community against the United States 

11 that is waived and released by the Fort Belknap Indian 

12 Community under section 11011(a). 

13 (b) ALLOTTEES.—The benefits realized by the 

14 allottees under this division shall be in complete replace15 ment of, complete substitution for, and full satisfaction 

16 of— 

17 (1) all claims waived and released by the United 

18 States (acting as trustee for the allottees) under sec19 tion 11011(a)(2); and 

20 (2) any claims of the allottees against the 

21 United States similar to the claims described in sec22 tion 11011(a)(2) that the allottee asserted or could 

23 have asserted. 

24 SEC. 11011. WAIVERS AND RELEASES OF CLAIMS. 

25 (a) IN GENERAL.— 
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1 (1) WAIVER AND RELEASE OF CLAIMS BY THE

2 FORT BELKNAP INDIAN COMMUNITY AND UNITED

3 STATES AS TRUSTEE FOR THE FORT BELKNAP IN4 DIAN COMMUNITY.—Subject to the reservation of 

5 rights and retention of claims under subsection (d), 

6 as consideration for recognition of the Tribal water 

7 rights and other benefits described in the Compact 

8 and this division, the Fort Belknap Indian Commu9 nity, acting on behalf of the Fort Belknap Indian 

10 Community and members of the Fort Belknap In11 dian Community (but not any member of the Fort 

12 Belknap Indian Community as an allottee), and the 

13 United States, acting as trustee for the Fort 

14 Belknap Indian Community and the members of the 

15 Fort Belknap Indian Community (but not any mem16 ber of the Fort Belknap Indian Community as an al17 lottee), shall execute a waiver and release of all 

18 claims for water rights within the State that the 

19 Fort Belknap Indian Community, or the United 

20 States acting as trustee for the Fort Belknap Indian 

21 Community, asserted or could have asserted in any 

22 proceeding, including a State stream adjudication, 

23 on or before the enforceability date, except to the ex24 tent that such rights are recognized in the Compact 

25 and this division. 
2128 

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1 (2) WAIVER AND RELEASE OF CLAIMS BY THE

2 UNITED STATES AS TRUSTEE FOR ALLOTTEES.— 

3 Subject to the reservation of rights and the retention 

4 of claims under subsection (d), as consideration for 

5 recognition of the Tribal water rights and other ben6 efits described in the Compact and this division, the 

7 United States, acting as trustee for the allottees, 

8 shall execute a waiver and release of all claims for 

9 water rights within the Reservation that the United 

10 States, acting as trustee for the allottees, asserted or 

11 could have asserted in any proceeding, including a 

12 State stream adjudication, on or before the enforce13 ability date, except to the extent that such rights are 

14 recognized in the Compact and this division. 

15 (3) WAIVER AND RELEASE OF CLAIMS BY THE

16 FORT BELKNAP INDIAN COMMUNITY AGAINST THE

17 UNITED STATES.—Subject to the reservation of 

18 rights and retention of claims under subsection (d), 

19 the Fort Belknap Indian Community, acting on be20 half of the Fort Belknap Indian Community and 

21 members of the Fort Belknap Indian Community 

22 (but not any member of the Fort Belknap Indian 

23 Community as an allottee), shall execute a waiver 

24 and release of all claims against the United States 
2129 

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1 (including any agency or employee of the United 

2 States)— 

3 (A) first arising before the enforceability 

4 date relating to— 

5 (i) water rights within the State that 

6 the United States, acting as trustee for the 

7 Fort Belknap Indian Community, asserted 

8 or could have asserted in any proceeding, 

9 including a general stream adjudication in 

10 the State, except to the extent that such 

11 rights are recognized as Tribal water 

12 rights under this division; 

13 (ii) foregone benefits from nontribal 

14 use of water, on and off the Reservation 

15 (including water from all sources and for 

16 all uses); 

17 (iii) damage, loss, or injury to water, 

18 water rights, land, or natural resources 

19 due to loss of water or water rights, in20 cluding damages, losses, or injuries to 

21 hunting, fishing, gathering, or cultural 

22 rights due to loss of water or water rights, 

23 claims relating to interference with, diver24 sion of, or taking of water, or claims relat25 ing to a failure to protect, acquire, replace, 
2130 

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1 or develop water, water rights, or water in2 frastructure) within the State; 

3 (iv) a failure to establish or provide a 

4 municipal rural or industrial water delivery 

5 system on the Reservation; 

6 (v) damage, loss, or injury to water, 

7 water rights, land, or natural resources 

8 due to construction, operation, and man9 agement of the Fort Belknap Indian Irri10 gation Project and other Federal land and 

11 facilities (including damages, losses, or in12 juries to Tribal fisheries, fish habitat, wild13 life, and wildlife habitat); 

14 (vi) a failure to provide for operation 

15 and maintenance, or deferred maintenance, 

16 for the Fort Belknap Indian Irrigation 

17 Project or any other irrigation system or 

18 irrigation project; 

19 (vii) the litigation of claims relating to 

20 any water rights of the Fort Belknap In21 dian Community in the State; 

22 (viii) the negotiation, execution, or 

23 adoption of the Compact (including appen24 dices) and this division; 
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1 (ix) the taking or acquisition of land 

2 or resources of the Fort Belknap Indian 

3 Community for the construction or oper4 ation of the Fort Belknap Indian Irriga5 tion Project or the Milk River Project; and 

6 (x) the allocation of water of the Milk 

7 River and the St. Mary River (including 

8 tributaries) between the United States and 

9 Canada pursuant to the International 

10 Boundary Waters Treaty of 1909 (36 Stat. 

11 2448); and 

12 (B) relating to damage, loss, or injury to 

13 water, water rights, land, or natural resources 

14 due to mining activities in the Little Rockies 

15 Mountains prior to the date of trust acquisition, 

16 including damages, losses, or injuries to hunt17 ing, fishing, gathering, or cultural rights. 

18 (b) EFFECTIVENESS.—The waivers and releases 

19 under subsection (a) shall take effect on the enforceability 

20 date. 

21 (c) OBJECTIONS IN MONTANA WATER COURT.— 

22 Nothing in this division or the Compact prohibits the Fort 

23 Belknap Indian Community, a member of the Fort 

24 Belknap Indian Community, an allottee, or the United 

25 States in any capacity from objecting to any claim to a 
2132 

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1 water right filed in any general stream adjudication in the 

2 Montana Water Court. 

3 (d) RESERVATION OF RIGHTS AND RETENTION OF

4 CLAIMS.—Notwithstanding the waivers and releases under 

5 subsection (a), the Fort Belknap Indian Community, act6 ing on behalf of the Fort Belknap Indian Community and 

7 members of the Fort Belknap Indian Community, and the 

8 United States, acting as trustee for the Fort Belknap In9 dian Community and the allottees shall retain— 

10 (1) all claims relating to— 

11 (A) the enforcement of water rights recog12 nized under the Compact, any final court decree 

13 relating to those water rights, or this division or 

14 to water rights accruing on or after the enforce15 ability date; 

16 (B) the quality of water under— 

17 (i) CERCLA, including damages to 

18 natural resources; 

19 (ii) the Safe Drinking Water Act (42 

20 U.S.C. 300f et seq.); 

21 (iii) the Federal Water Pollution Con22 trol Act (33 U.S.C. 1251 et seq.); and 

23 (iv) any regulations implementing the 

24 Acts described in clauses (i) through (iii); 
2133 

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1 (C) damage, loss, or injury to land or nat2 ural resources that are— 

3 (i) not due to loss of water or water 

4 rights (including hunting, fishing, gath5 ering, or cultural rights); and 

6 (ii) not described in subsection (a)(3); 

7 and 

8 (D) an action to prevent any person or 

9 party (as defined in sections 29 and 30 of Arti10 cle II of the Compact) from interfering with the 

11 enjoyment of the Tribal water rights; 

12 (2) all claims relating to off-Reservation hunt13 ing rights, fishing rights, gathering rights, or other 

14 rights; 

15 (3) all claims relating to the right to use and 

16 protect water rights acquired after the date of enact17 ment of this Act; 

18 (4) all claims relating to the allocation of 

19 waters of the Milk River and the Milk River Project 

20 between the Fort Belknap Indian Community and 

21 the Blackfeet Tribe, pursuant to section 3705(e)(3) 

22 of the Blackfeet Water Rights Settlement Act (Pub23 lic Law 114–322; 130 Stat. 1818); 
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1 (5) all claims relating to the enforcement of this 

2 division, including the required transfer of land 

3 under section 11006; and 

4 (6) all rights, remedies, privileges, immunities, 

5 and powers not specifically waived and released pur6 suant to this division or the Compact. 

7 (e) EFFECT OF COMPACT AND DIVISION.—Nothing 

8 in the Compact or this division— 

9 (1) affects the authority of the Fort Belknap 

10 Indian Community to enforce the laws of the Fort 

11 Belknap Indian Community, including with respect 

12 to environmental protections; 

13 (2) affects the ability of the United States, act14 ing as sovereign, to carry out any activity authorized 

15 by law, including— 

16 (A) the Federal Water Pollution Control 

17 Act (33 U.S.C. 1251 et seq.); 

18 (B) the Safe Drinking Water Act (42 

19 U.S.C. 300f et seq.); 

20 (C) CERCLA; and 

21 (D) any regulations implementing the Acts 

22 described in subparagraphs (A) through (C); 

23 (3) affects the ability of the United States to 

24 act as trustee for any other Indian Tribe or an allot25 tee of any other Indian Tribe; 
2135 

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1 (4) confers jurisdiction on any State court— 

2 (A) to interpret Federal law relating to 

3 health, safety, or the environment; 

4 (B) to determine the duties of the United 

5 States or any other party under Federal law re6 lating to health, safety, or the environment; or 

7 (C) to conduct judicial review of any Fed8 eral agency action; 

9 (5) waives any claim of a member of the Fort 

10 Belknap Indian Community in an individual capacity 

11 that does not derive from a right of the Fort 

12 Belknap Indian Community; 

13 (6) revives any claim adjudicated in the decision 

14 in Gros Ventre Tribe v. United States, 469 F.3d 

15 801 (9th Cir. 2006); or 

16 (7) revives any claim released by an allottee or 

17 member of the Fort Belknap Indian Community in 

18 the settlement in Cobell v. Salazar, No. 

19 1:96CV01285–JR (D.D.C. 2012). 

20 (f) ENFORCEABILITY DATE.—The enforceability date 

21 shall be the date on which the Secretary publishes in the 

22 Federal Register a statement of findings that— 

23 (1) the eligible members of the Fort Belknap 

24 Indian Community have voted to approve this divi-
2136 

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1 sion and the Compact by a majority of votes cast on 

2 the day of the vote; 

3 (2)(A) the Montana Water Court has approved 

4 the Compact in a manner from which no further ap5 peal may be taken; or 

6 (B) if the Montana Water Court is found to 

7 lack jurisdiction, the appropriate district court of the 

8 United States has approved the Compact as a con9 sent decree from which no further appeal may be 

10 taken; 

11 (3) all of the amounts authorized to be appro12 priated under section 11014 have been appropriated 

13 and deposited in the designated accounts; 

14 (4) the Secretary and the Fort Belknap Indian 

15 Community have executed the allocation agreement 

16 described in section 11007(c)(1); 

17 (5) the State has provided the required funding 

18 into the Fort Belknap Indian Community Tribal Ir19 rigation and Other Water Resources Development 

20 Account of the Trust Fund pursuant to section 

21 11014(a)(3); and 

22 (6) the waivers and releases under subsection 

23 (a) have been executed by the Fort Belknap Indian 

24 Community and the Secretary. 

25 (g) TOLLING OF CLAIMS.— 
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†S 2226 ES

1 (1) IN GENERAL.—Each applicable period of 

2 limitation and time-based equitable defense relating 

3 to a claim described in this section shall be tolled for 

4 the period beginning on the date of enactment of 

5 this Act and ending on the enforceability date. 

6 (2) EFFECT OF SUBSECTION.—Nothing in this 

7 subsection revives any claim or tolls any period of 

8 limitations or time-based equitable defense that ex9 pired before the date of enactment of this Act. 

10 (h) EXPIRATION.— 

11 (1) IN GENERAL.—This division shall expire in 

12 any case in which— 

13 (A) the amounts authorized to be appro14 priated by this division have not been made 

15 available to the Secretary by not later than— 

16 (i) January 21, 2034; and 

17 (ii) such alternative later date as is 

18 agreed to by the Fort Belknap Indian 

19 Community and the Secretary; or 

20 (B) the Secretary fails to publish a state21 ment of findings under subsection (f) by not 

22 later than— 

23 (i) January 21, 2035; and 

24 (ii) such alternative later date as is 

25 agreed to by the Fort Belknap Indian 
2138 

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1 Community and the Secretary, after pro2 viding reasonable notice to the State. 

3 (2) CONSEQUENCES.—If this division expires 

4 under paragraph (1)— 

5 (A) the waivers and releases under sub6 section (a) shall— 

7 (i) expire; and 

8 (ii) have no further force or effect; 

9 (B) the authorization, ratification, con10 firmation, and execution of the Compact under 

11 section 11004 shall no longer be effective; 

12 (C) any action carried out by the Sec13 retary, and any contract or agreement entered 

14 into, pursuant to this division shall be void; 

15 (D) any unexpended Federal funds appro16 priated or made available to carry out the ac17 tivities authorized by this division, together with 

18 any interest earned on those funds, and any 

19 water rights or contracts to use water and title 

20 to other property acquired or constructed with 

21 Federal funds appropriated or made available 

22 to carry out the activities authorized by this di23 vision shall be returned to the Federal Govern24 ment, unless otherwise agreed to by the Fort 
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1 Belknap Indian Community and the United 

2 States and approved by Congress; and 

3 (E) except for Federal funds used to ac4 quire or construct property that is returned to 

5 the Federal Government under subparagraph 

6 (D), the United States shall be entitled to offset 

7 any Federal funds made available to carry out 

8 this division that were expended or withdrawn, 

9 or any funds made available to carry out this 

10 division from other Federal authorized sources, 

11 together with any interest accrued on those 

12 funds, against any claims against the United 

13 States— 

14 (i) relating to— 

15 (I) water rights in the State as16 serted by— 

17 (aa) the Fort Belknap In18 dian Community; or 

19 (bb) any user of the Tribal 

20 water rights; or 

21 (II) any other matter described 

22 in subsection (a)(3); or 

23 (ii) in any future settlement of water 

24 rights of the Fort Belknap Indian Commu25 nity or an allottee. 
2140 

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1 SEC. 11012. AANIIIH NAKODA SETTLEMENT TRUST FUND. 

2 (a) ESTABLISHMENT.—The Secretary shall establish 

3 a trust fund for the Fort Belknap Indian Community, to 

4 be known as the ‘‘Aaniiih Nakoda Settlement Trust 

5 Fund’’, to be managed, invested, and distributed by the 

6 Secretary and to remain available until expended, with7 drawn, or reverted to the general fund of the Treasury, 

8 consisting of the amounts deposited in the Trust Fund 

9 under subsection (c), together with any investment earn10 ings, including interest, earned on those amounts, for the 

11 purpose of carrying out this division. 

12 (b) ACCOUNTS.—The Secretary shall establish in the 

13 Trust Fund the following accounts: 

14 (1) The Fort Belknap Indian Community Trib15 al Irrigation and Other Water Resources Develop16 ment Account. 

17 (2) The Fort Belknap Indian Community 

18 Water Resources and Water Rights Administration, 

19 Operation, and Maintenance Account. 

20 (3) The Fort Belknap Indian Community Clean 

21 and Safe Domestic Water and Sewer Systems, and 

22 Lake Elwell Project Account. 

23 (c) DEPOSITS.—The Secretary shall deposit— 

24 (1) in the Fort Belknap Indian Community 

25 Tribal Irrigation and Other Water Resources Devel26 opment Account established under subsection (b)(1), 
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1 the amounts made available pursuant to paragraphs 

2 (1)(A) and (2)(A)(i) of section 11014(a); 

3 (2) in the Fort Belknap Indian Community 

4 Water Resources and Water Rights Administration, 

5 Operation, and Maintenance Account established 

6 under subsection (b)(2), the amounts made available 

7 pursuant to section 11014(a)(2)(A)(ii); and 

8 (3) in the Fort Belknap Indian Community 

9 Clean and Safe Domestic Water and Sewer Systems, 

10 and Lake Elwell Project Account established under 

11 subsection (b)(3), the amounts made available pur12 suant to paragraphs (1)(B) and (2)(A)(iii) of section 

13 11014(a). 

14 (d) MANAGEMENT AND INTEREST.— 

15 (1) MANAGEMENT.—On receipt and deposit of 

16 the funds into the accounts in the Trust Fund pur17 suant to subsection (c), the Secretary shall manage, 

18 invest, and distribute all amounts in the Trust Fund 

19 in accordance with the investment authority of the 

20 Secretary under— 

21 (A) the first section of the Act of June 24, 

22 1938 (25 U.S.C. 162a); 

23 (B) the American Indian Trust Fund Man24 agement Reform Act of 1994 (25 U.S.C. 4001 

25 et seq.); and 
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1 (C) this section. 

2 (2) INVESTMENT EARNINGS.—In addition to 

3 the amounts deposited under subsection (c), any in4 vestment earnings, including interest, credited to 

5 amounts held in the Trust Fund shall be available 

6 for use in accordance with subsections (e) and (g). 

7 (e) AVAILABILITY OF AMOUNTS.— 

8 (1) IN GENERAL.—Amounts appropriated to, 

9 and deposited in, the Trust Fund, including any in10 vestment earnings, including interest, earned on 

11 those amounts shall be made available— 

12 (A) to the Fort Belknap Indian Commu13 nity by the Secretary beginning on the enforce14 ability date; and 

15 (B) subject to the uses and restrictions in 

16 this section. 

17 (2) EXCEPTIONS.—Notwithstanding paragraph 

18 (1)— 

19 (A) amounts deposited in the Fort Belknap 

20 Indian Community Tribal Irrigation and Other 

21 Water Resources Development Account estab22 lished under subsection (b)(1) shall be available 

23 to the Fort Belknap Indian Community on the 

24 date on which the amounts are deposited for 
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1 uses described in subparagraph (A) and (B) of 

2 subsection (g)(1); 

3 (B) amounts deposited in the Fort 

4 Belknap Indian Community Water Resources 

5 and Water Rights Administration, Operation, 

6 and Maintenance Account established under 

7 subsection (b)(2) shall be made available to the 

8 Fort Belknap Indian Community on the date on 

9 which the amounts are deposited and the Fort 

10 Belknap Indian Community has satisfied the re11 quirements of section 11011(f)(1), for the uses 

12 described in subsection (g)(2)(A); and 

13 (C) amounts deposited in the Fort Belknap 

14 Indian Community Clean and Safe Domestic 

15 Water and Sewer Systems, and Lake Elwell 

16 Project Account established under subsection 

17 (b)(3) shall be available to the Fort Belknap In18 dian Community on the date on which the 

19 amounts are deposited for the uses described in 

20 subsection (g)(3)(A). 

21 (f) WITHDRAWALS.— 

22 (1) AMERICAN INDIAN TRUST FUND MANAGE23 MENT REFORM ACT OF 1994.— 

24 (A) IN GENERAL.—The Fort Belknap In25 dian Community may withdraw any portion of 
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1 the funds in the Trust Fund on approval by the 

2 Secretary of a Tribal management plan sub3 mitted by the Fort Belknap Indian Community 

4 in accordance with the American Indian Trust 

5 Fund Management Reform Act of 1994 (25 

6 U.S.C. 4001 et seq.). 

7 (B) REQUIREMENTS.—In addition to the 

8 requirements under the American Indian Trust 

9 Fund Management Reform Act of 1994 (25 

10 U.S.C. 4001 et seq.), the Tribal management 

11 plan under this paragraph shall require that the 

12 Fort Belknap Indian Community spend all 

13 amounts withdrawn from the Trust Fund, and 

14 any investment earnings accrued through the 

15 investments under the Tribal management plan, 

16 in accordance with this division. 

17 (C) ENFORCEMENT.—The Secretary may 

18 carry out such judicial and administrative ac19 tions as the Secretary determines to be nec20 essary— 

21 (i) to enforce the Tribal management 

22 plan; and 

23 (ii) to ensure that amounts withdrawn 

24 from the Trust Fund by the Fort Belknap 
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1 Indian Community under this paragraph 

2 are used in accordance with this division. 

3 (2) WITHDRAWALS UNDER EXPENDITURE

4 PLAN.— 

5 (A) IN GENERAL.—The Fort Belknap In6 dian Community may submit to the Secretary a 

7 request to withdraw funds from the Trust Fund 

8 pursuant to an approved expenditure plan. 

9 (B) REQUIREMENTS.—To be eligible to 

10 withdraw funds under an expenditure plan 

11 under this paragraph, the Fort Belknap Indian 

12 Community shall submit to the Secretary for 

13 approval an expenditure plan for any portion of 

14 the Trust Fund that the Fort Belknap Indian 

15 Community elects to withdraw pursuant to this 

16 paragraph, subject to the condition that the 

17 funds shall be used for the purposes described 

18 in this division. 

19 (C) INCLUSIONS.—An expenditure plan 

20 under this paragraph shall include a description 

21 of the manner and purpose for which the 

22 amounts proposed to be withdrawn from the 

23 Trust Fund will be used by the Fort Belknap 

24 Indian Community in accordance with sub25 sections (e) and (g). 
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1 (D) APPROVAL.—On receipt of an expendi2 ture plan under this paragraph, the Secretary 

3 shall approve the expenditure plan if the Sec4 retary determines that the expenditure plan— 

5 (i) is reasonable; and 

6 (ii) is consistent with, and will be used 

7 for, the purposes of this division. 

8 (E) ENFORCEMENT.—The Secretary may 

9 carry out such judicial and administrative ac10 tions as the Secretary determines to be nec11 essary to enforce an expenditure plan under 

12 this paragraph to ensure that amounts dis13 bursed under this paragraph are used in ac14 cordance with this division. 

15 (g) USES.—Amounts from the Trust Fund shall be 

16 used by the Fort Belknap Indian Community for the fol17 lowing purposes: 

18 (1) FORT BELKNAP INDIAN COMMUNITY TRIBAL

19 IRRIGATION AND OTHER WATER RESOURCES DEVEL20 OPMENT ACCOUNT.—Amounts in the Fort Belknap 

21 Indian Community Tribal Irrigation and Other 

22 Water Resources Development Account established 

23 under subsection (b)(1) shall be used to pay the cost 

24 of activities relating to— 
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1 (A) planning, studies, and design of the 

2 Southern Tributary Irrigation Project and the 

3 Peoples Creek Irrigation Project, including the 

4 Upper Peoples Creek Dam and Reservoir, as 

5 generally described in the document of Natural 

6 Resources Consulting Engineers, Inc., entitled 

7 ‘‘Fort Belknap Indian Community Comprehen8 sive Water Development Plan’’ and dated Feb9 ruary 2019; 

10 (B) environmental compliance; 

11 (C) construction of the Southern Tributary 

12 Irrigation Project and the Peoples Creek Irriga13 tion Project, including the Upper Peoples Creek 

14 Dam and Reservoir; 

15 (D) wetlands restoration and development; 

16 (E) stock watering infrastructure; and 

17 (F) on farm development support and re18 acquisition of fee lands within the Fort Belknap 

19 Indian Irrigation Project and Fort Belknap In20 dian Community irrigation projects within the 

21 Reservation. 

22 (2) FORT BELKNAP INDIAN COMMUNITY WATER

23 RESOURCES AND WATER RIGHTS ADMINISTRATION, 

24 OPERATION, AND MAINTENANCE ACCOUNT.— 

25 Amounts in the Fort Belknap Indian Community 
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1 Water Resources and Water Rights Administration, 

2 Operation, and Maintenance Account established 

3 under subsection (b)(2), the principal and invest4 ment earnings, including interest, may only be used 

5 by the Fort Belknap Indian Community to pay the 

6 costs of activities described in subparagraphs (A) 

7 through (C) as follows: 

8 (A) $9,000,000 shall be used for the estab9 lishment, operation, and capital expenditures in 

10 connection with the administration of the Tribal 

11 water resources and water rights development, 

12 including the development or enactment of a 

13 Tribal water code. 

14 (B) Only investment earnings, including 

15 interest, on $29,299,059 shall be used and be 

16 available to pay the costs of activities for ad17 ministration, operations, and regulation of the 

18 Tribal water resources and water rights depart19 ment, in accordance with the Compact and this 

20 division. 

21 (C) Only investment earnings, including in22 terest, on $28,331,693 shall be used and be 

23 available to pay the costs of activities relating 

24 to a portion of the annual assessment costs for 

25 the Fort Belknap Indian Community and Tribal 
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1 members, including allottees, under the Fort 

2 Belknap Indian Irrigation Project and Fort 

3 Belknap Indian Community irrigation projects 

4 within the Reservation. 

5 (3) FORT BELKNAP INDIAN COMMUNITY CLEAN

6 AND SAFE DOMESTIC WATER AND SEWER SYSTEMS, 

7 AND LAKE ELWELL PROJECT ACCOUNT.—Amounts 

8 in the Fort Belknap Indian Community Clean and 

9 Safe Domestic Water and Sewer Systems, and Lake 

10 Elwell Project Account established under subsection 

11 (b)(3), the principal and investment earnings, in12 cluding interest, may only be used by the Fort 

13 Belknap Indian Community to pay the costs of ac14 tivities relating to— 

15 (A) planning, studies, design, and environ16 mental compliance of domestic water supply, 

17 and sewer collection and treatment systems, as 

18 generally described in the document of Natural 

19 Resources Consulting Engineers, Inc., entitled 

20 ‘‘Fort Belknap Indian Community Comprehen21 sive Water Development Plan’’ and dated Feb22 ruary 2019, including the Lake Elwell Project 

23 water delivery to the southern part of the Res24 ervation; 
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1 (B) construction of domestic water supply, 

2 sewer collection, and treatment systems; 

3 (C) construction, in accordance with appli4 cable law, of infrastructure for delivery of Lake 

5 Elwell water diverted from the Missouri River 

6 to the southern part of the Reservation; and 

7 (D) planning, studies, design, environ8 mental compliance, and construction of a Tribal 

9 wellness center for a work force health and 

10 wellbeing project. 

11 (h) LIABILITY.—The Secretary shall not be liable for 

12 any expenditure or investment of amounts withdrawn from 

13 the Trust Fund by the Fort Belknap Indian Community 

14 pursuant to subsection (f). 

15 (i) PROJECT EFFICIENCIES.—If the total cost of the 

16 activities described in subsection (g) results in cost savings 

17 and is less than the amounts authorized to be obligated 

18 under any of paragraphs (1) through (3) of that sub19 section required to carry out those activities, the Sec20 retary, at the request of the Fort Belknap Indian Commu21 nity, shall deposit those savings in the Trust Fund to be 

22 used in accordance with that subsection. 

23 (j) ANNUAL REPORT.—The Fort Belknap Indian 

24 Community shall submit to the Secretary an annual ex25 penditure report describing accomplishments and amounts 
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1 spent from use of withdrawals under a Tribal management 

2 plan or an expenditure plan described in this section. 

3 (k) NO PER CAPITA PAYMENTS.—No principal or in4 terest amount in any account established by this section 

5 shall be distributed to any member of the Fort Belknap 

6 Indian Community on a per capita basis. 

7 (l) EFFECT.—Nothing in this division entitles the 

8 Fort Belknap Indian Community to judicial review of a 

9 determination of the Secretary regarding whether to ap10 prove a Tribal management plan under subsection (f)(1) 

11 or an expenditure plan under subsection (f)(2), except as 

12 provided under subchapter II of chapter 5, and chapter 

13 7, of title 5, United States Code (commonly known as the 

14 ‘‘Administrative Procedure Act’’). 

15 SEC. 11013. FORT BELKNAP INDIAN COMMUNITY WATER 

16 SETTLEMENT IMPLEMENTATION FUND. 

17 (a) ESTABLISHMENT.—There is established in the 

18 Treasury of the United States a non-trust, interest-bear19 ing account to be known as the ‘‘Fort Belknap Indian 

20 Community Water Settlement Implementation Fund’’, to 

21 be managed and distributed by the Secretary, for use by 

22 the Secretary for carrying out this division. 

23 (b) ACCOUNTS.—The Secretary shall establish in the 

24 Implementation Fund the following accounts: 
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1 (1) The Fort Belknap Indian Irrigation Project 

2 System Account. 

3 (2) The Milk River Project Mitigation Account. 

4 (c) DEPOSITS.—The Secretary shall deposit— 

5 (1) in the Fort Belknap Indian Irrigation 

6 Project System Account established under subsection 

7 (b)(1), the amount made available pursuant to para8 graphs (1)(C) and (2)(A)(iv) of section 11014(a); 

9 and 

10 (2) in the Milk River Project Mitigation Ac11 count established under subsection (b)(2), the 

12 amount made available pursuant to section 

13 11014(a)(1)(D). 

14 (d) USES.— 

15 (1) FORT BELKNAP INDIAN IRRIGATION

16 PROJECT SYSTEM ACCOUNT.—The Fort Belknap In17 dian Irrigation Project Rehabilitation Account estab18 lished under subsection (b)(1) shall be used to carry 

19 out section 11009, except as provided in subsection 

20 (h) of that section. 

21 (2) MILK RIVER PROJECT MITIGATION AC22 COUNT.—The Milk River Project Mitigation Account 

23 established under subsection (b)(2) may only be used 

24 to carry out section 11008. 

25 (e) MANAGEMENT.— 
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1 (1) IN GENERAL.—Amounts in the Implementa2 tion Fund shall not be available to the Secretary for 

3 expenditure until the enforceability date. 

4 (2) EXCEPTION.—Notwithstanding paragraph 

5 (1), amounts deposited in the Fort Belknap Indian 

6 Irrigation Project System Account established under 

7 subsection (b)(1) shall be available to the Secretary 

8 on the date on which the amounts are deposited for 

9 uses described in paragraphs (1) and (2) of section 

10 11009(a). 

11 (f) INTEREST.—In addition to the deposits under 

12 subsection (c), any interest credited to amounts unex13 pended in the Implementation Fund are authorized to be 

14 appropriated to be used in accordance with the uses de15 scribed in subsection (d). 

16 SEC. 11014. FUNDING. 

17 (a) FUNDING.— 

18 (1) AUTHORIZATION OF APPROPRIATIONS.— 

19 Subject to subsection (b), there are authorized to be 

20 appropriated to the Secretary— 

21 (A) for deposit in the Fort Belknap Indian 

22 Community Tribal Irrigation and Other Water 

23 Resources Development Account of the Trust 

24 Fund established under section 11012(b)(1), 

25 $89,643,100, to be retained until expended, 
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1 withdrawn, or reverted to the general fund of 

2 the Treasury; 

3 (B) for deposit in the Fort Belknap Indian 

4 Community Clean and Safe Domestic Water 

5 and Sewer Systems, and Lake Elwell Project 

6 Account of the Trust Fund established under 

7 section 11012(b)(3), $331,885,220, to be re8 tained until expended, withdrawn, or reverted to 

9 the general fund of the Treasury; 

10 (C) for deposit in the Fort Belknap Indian 

11 Irrigation Project System Account of the Imple12 mentation Fund established under section 

13 11013(b)(1), such sums as are necessary, but 

14 not more than $187,124,469, for the Secretary 

15 to carry out section 11009, to be retained until 

16 expended, withdrawn, or reverted to the general 

17 fund of the Treasury; and 

18 (D) for deposit in the Milk River Project 

19 Mitigation Account of the Implementation Fund 

20 established under section 11013(b)(2), such 

21 sums as are necessary, but not more than 

22 $300,000,000, for the Secretary to carry out 

23 obligations of the Secretary under section 

24 11008, to be retained until expended, with-
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1 drawn, or reverted to the general fund of the 

2 Treasury. 

3 (2) MANDATORY APPROPRIATIONS.— 

4 (A) IN GENERAL.—Out of any funds in the 

5 Treasury not otherwise appropriated, the Sec6 retary of the Treasury shall deposit— 

7 (i) in the Fort Belknap Indian Com8 munity Tribal Irrigation and Other Water 

9 Resources Development Account of the 

10 Trust Fund established under section 

11 11012(b)(1), $29,881,034, to be retained 

12 until expended, withdrawn, or reverted to 

13 the general fund of the Treasury; 

14 (ii) in the Fort Belknap Indian Com15 munity Water Resources and Water Rights 

16 Administration, Operation, and Mainte17 nance Account of the Trust Fund estab18 lished under section 11012(b)(2), 

19 $66,630,752; 

20 (iii) in the Fort Belknap Indian Com21 munity Clean and Safe Domestic Water 

22 and Sewer Systems, and Lake Elwell 

23 Project Account of the Trust Fund estab24 lished under section 11012(b)(3), 

25 $110,628,407; and 
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1 (iv) in the Fort Belknap Indian Irri2 gation Project System Account of the Im3 plementation Fund established under sec4 tion 11013(b)(1), $228,707,684. 

5 (B) AVAILABILITY.—Amounts deposited in 

6 the accounts under subparagraph (A) shall be 

7 available without further appropriation. 

8 (3) STATE COST SHARE.—The State shall con9 tribute $5,000,000, plus any earned interest, pay10 able to the Secretary for deposit in the Fort Belknap 

11 Indian Community Tribal Irrigation and Other 

12 Water Resources Development Account of the Trust 

13 Fund established under section 11012(b)(1) on ap14 proval of a final decree by the Montana Water Court 

15 for the purpose of activities relating to the Upper 

16 Peoples Creek Dam and Reservoir under subpara17 graphs (A) through (C) of section 11012(g)(1). 

18 (b) FLUCTUATION IN COSTS.— 

19 (1) IN GENERAL.—The amounts authorized to 

20 be appropriated under paragraphs (1) and (2) of 

21 subsection (a) and this subsection shall be— 

22 (A) increased or decreased, as appropriate, 

23 by such amounts as may be justified by reason 

24 of ordinary fluctuations in costs occurring after 

25 the date of enactment of this Act as indicated 
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1 by the Bureau of Reclamation Construction 

2 Cost Index—Composite Trend; and 

3 (B) adjusted to address construction cost 

4 changes necessary to account for unforeseen 

5 market volatility that may not otherwise be cap6 tured by engineering cost indices as determined 

7 by the Secretary, including repricing applicable 

8 to the types of construction and current indus9 try standards involved. 

10 (2) REPETITION.—The adjustment process 

11 under paragraph (1) shall be repeated for each sub12 sequent amount appropriated until the amount au13 thorized to be appropriated under subsection (a), as 

14 adjusted, has been appropriated. 

15 (3) PERIOD OF INDEXING.— 

16 (A) TRUST FUND.—With respect to the 

17 Trust Fund, the period of indexing adjustment 

18 under paragraph (1) for any increment of fund19 ing shall end on the date on which the funds 

20 are deposited into the Trust Fund. 

21 (B) IMPLEMENTATION FUND.—With re22 spect to the Implementation Fund, the period 

23 of adjustment under paragraph (1) for any in24 crement of funding shall be annually. 
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1 SEC. 11015. MISCELLANEOUS PROVISIONS. 

2 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

3 UNITED STATES.—Except as provided in subsections (a) 

4 through (c) of section 208 of the Department of Justice 

5 Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 

6 division waives the sovereign immunity of the United 

7 States. 

8 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

9 Nothing in this division quantifies or diminishes any land 

10 or water right, or any claim or entitlement to land or 

11 water, of an Indian Tribe, band, or community other than 

12 the Fort Belknap Indian Community. 

13 (c) ELIMINATION OF DEBTS OR LIENS AGAINST AL14 LOTMENTS OF THE FORT BELKNAP INDIAN COMMUNITY

15 MEMBERS WITHIN THE FORT BELKNAP INDIAN IRRIGA16 TION PROJECT.—On the date of enactment of this Act, 

17 the Secretary shall cancel and eliminate all debts or liens 

18 against the allotments of land held by the Fort Belknap 

19 Indian Community and the members of the Fort Belknap 

20 Indian Community due to construction assessments and 

21 annual operation and maintenance charges relating to the 

22 Fort Belknap Indian Irrigation Project. 

23 (d) EFFECT ON CURRENT LAW.—Nothing in this di24 vision affects any provision of law (including regulations) 

25 in effect on the day before the date of enactment of this 
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1 Act with respect to pre-enforcement review of any Federal 

2 environmental enforcement action. 

3 (e) EFFECT ON RECLAMATION LAWS.—The activities 

4 carried out by the Commissioner under this division shall 

5 not establish a precedent or impact the authority provided 

6 under any other provision of the reclamation laws, includ7 ing— 

8 (1) the Reclamation Rural Water Supply Act of 

9 2006 (43 U.S.C. 2401 et seq.); and 

10 (2) the Omnibus Public Land Management Act 

11 of 2009 (Public Law 111–11; 123 Stat. 991). 

12 (f) ADDITIONAL FUNDING.—Nothing in this division 

13 prohibits the Fort Belknap Indian Community from seek14 ing— 

15 (1) additional funds for Tribal programs or 

16 purposes; or 

17 (2) funding from the United States or the State 

18 based on the status of the Fort Belknap Indian 

19 Community as an Indian Tribe. 

20 (g) RIGHTS UNDER STATE LAW.—Except as pro21 vided in section 1 of Article III of the Compact (relating 

22 to the closing of certain water basins in the State to new 

23 appropriations in accordance with the laws of the State), 

24 nothing in this division or the Compact precludes the ac25 quisition or exercise of a right arising under State law (as 
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1 defined in section 6 of Article II of the Compact) to the 

2 use of water by the Fort Belknap Indian Community, or 

3 a member or allottee of the Fort Belknap Indian Commu4 nity, outside the Reservation by— 

5 (1) purchase of the right; or 

6 (2) submitting to the State an application in 

7 accordance with State law. 

8 (h) WATER STORAGE AND IMPORTATION.—Nothing 

9 in this division or the Compact prevents the Fort Belknap 

10 Indian Community from participating in any project to 

11 import water to, or to add storage in, the Milk River 

12 Basin. 

13 SEC. 11016. ANTIDEFICIENCY. 

14 The United States shall not be liable for any failure 

15 to carry out any obligation or activity authorized by this 

16 division, including any obligation or activity under the 

17 Compact, if— 

18 (1) adequate appropriations are not provided by 

19 Congress expressly to carry out the purposes of this 

20 division; or 

21 (2) there are not enough funds available in the 

22 Reclamation Water Settlements Fund established by 

23 section 10501(a) of the Omnibus Public Land Man24 agement Act of 2009 (43 U.S.C. 407(a)) to carry 

25 out the purposes of this division. 
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1 DIVISION L—COMMITTEE ON 

2 HOMELAND SECURITY AND 

3 GOVERNMENTAL AFFAIRS 

4 TITLE LXIX—FEDERAL DATA 

5 AND INFORMATION SECURITY 

6 Subtitle A—Federal Data Center 

7 Enhancement Act of 2023 

8 SEC. 11001. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Federal Data Cen10 ter Enhancement Act of 2023’’. 

11 SEC. 11002. FEDERAL DATA CENTER CONSOLIDATION INI12 TIATIVE AMENDMENTS. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) The statutory authorization for the Federal 

15 Data Center Optimization Initiative under section 

16 834 of the Carl Levin and Howard P. ‘‘Buck’’ 

17 McKeon National Defense Authorization Act for 

18 Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 

19 113–291) expired at the end of fiscal year 2022. 

20 (2) The expiration of the authorization de21 scribed in paragraph (1) presents Congress with an 

22 opportunity to review the objectives of the Federal 

23 Data Center Optimization Initiative to ensure that 

24 the initiative is meeting the current needs of the 

25 Federal Government. 
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1 (3) The initial focus of the Federal Data Center 

2 Optimization Initiative, which was to consolidate 

3 data centers and create new efficiencies, has resulted 

4 in, since 2010— 

5 (A) the consolidation of more than 6,000 

6 Federal data centers; and 

7 (B) cost savings and avoidance of 

8 $5,800,000,000. 

9 (4) The need of the Federal Government for ac10 cess to data and data processing systems has evolved 

11 since the date of enactment in 2014 of subtitle D of 

12 title VIII of the Carl Levin and Howard P. ‘‘Buck’’ 

13 McKeon National Defense Authorization Act for 

14 Fiscal Year 2015. 

15 (5) Federal agencies and employees involved in 

16 mission critical functions increasingly need reliable 

17 access to secure, reliable, and protected facilities to 

18 house mission critical data and data operations to 

19 meet the immediate needs of the people of the 

20 United States. 

21 (6) As of the date of enactment of this subtitle, 

22 there is a growing need for Federal agencies to use 

23 data centers and cloud applications that meet high 

24 standards for cybersecurity, resiliency, and avail25 ability. 
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1 (b) MINIMUM REQUIREMENTS FOR NEW DATA CEN2 TERS.—Section 834 of the Carl Levin and Howard P. 

3 ‘‘Buck’’ McKeon National Defense Authorization Act for 

4 Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113– 

5 291) is amended— 

6 (1) in subsection (a), by striking paragraphs 

7 (3) and (4) and inserting the following: 

8 ‘‘(3) NEW DATA CENTER.—The term ‘new data 

9 center’ means— 

10 ‘‘(A)(i) a data center or a portion thereof 

11 that is owned, operated, or maintained by a 

12 covered agency; or 

13 ‘‘(ii) to the extent practicable, a data cen14 ter or portion thereof— 

15 ‘‘(I) that is owned, operated, or main16 tained by a contractor on behalf of a cov17 ered agency on the date on which the con18 tract between the covered agency and the 

19 contractor expires; and 

20 ‘‘(II) with respect to which the cov21 ered agency extends the contract, or enters 

22 into a new contract, with the contractor; 

23 and 

24 ‘‘(B) on or after the date that is 180 days 

25 after the date of enactment of the Federal Data 
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1 Center Enhancement Act of 2023, a data cen2 ter or portion thereof that is— 

3 ‘‘(i) established; or 

4 ‘‘(ii) substantially upgraded or ex5 panded.’’; 

6 (2) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) MINIMUM REQUIREMENTS FOR NEW DATA

9 CENTERS.— 

10 ‘‘(1) IN GENERAL.—Not later than 180 days 

11 after the date of enactment of the Federal Data 

12 Center Enhancement Act of 2023, the Administrator 

13 shall establish minimum requirements for new data 

14 centers in consultation with the Administrator of 

15 General Services and the Federal Chief Information 

16 Officers Council. 

17 ‘‘(2) CONTENTS.— 

18 ‘‘(A) IN GENERAL.—The minimum re19 quirements established under paragraph (1) 

20 shall include requirements relating to— 

21 ‘‘(i) the availability of new data cen22 ters; 

23 ‘‘(ii) the use of new data centers; 

24 ‘‘(iii) uptime percentage; 
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1 ‘‘(iv) protections against power fail2 ures, including on-site energy generation 

3 and access to multiple transmission paths; 

4 ‘‘(v) protections against physical in5 trusions and natural disasters; 

6 ‘‘(vi) information security protections 

7 required by subchapter II of chapter 35 of 

8 title 44, United States Code, and other ap9 plicable law and policy; and 

10 ‘‘(vii) any other requirements the Ad11 ministrator determines appropriate. 

12 ‘‘(B) CONSULTATION.—In establishing the 

13 requirements described in subparagraph (A)(vi), 

14 the Administrator shall consult with the Direc15 tor of the Cybersecurity and Infrastructure Se16 curity Agency and the National Cyber Director. 

17 ‘‘(3) INCORPORATION OF MINIMUM REQUIRE18 MENTS INTO CURRENT DATA CENTERS.—As soon as 

19 practicable, and in any case not later than 90 days 

20 after the Administrator establishes the minimum re21 quirements pursuant to paragraph (1), the Adminis22 trator shall issue guidance to ensure, as appropriate, 

23 that covered agencies incorporate the minimum re24 quirements established under that paragraph into 

25 the operations of any data center of a covered agen-
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1 cy existing as of the date of enactment of the Fed2 eral Data Center Enhancement Act of 2023. 

3 ‘‘(4) REVIEW OF REQUIREMENTS.—The Admin4 istrator, in consultation with the Administrator of 

5 General Services and the Federal Chief Information 

6 Officers Council, shall review, update, and modify 

7 the minimum requirements established under para8 graph (1), as necessary. 

9 ‘‘(5) REPORT ON NEW DATA CENTERS.—During 

10 the development and planning lifecycle of a new data 

11 center, if the head of a covered agency determines 

12 that the covered agency is likely to make a manage13 ment or financial decision relating to any data cen14 ter, the head of the covered agency shall— 

15 ‘‘(A) notify— 

16 ‘‘(i) the Administrator; 

17 ‘‘(ii) Committee on Homeland Secu18 rity and Governmental Affairs of the Sen19 ate; and 

20 ‘‘(iii) Committee on Oversight and Ac21 countability of the House of Representa22 tives; and 

23 ‘‘(B) describe in the notification with suffi24 cient detail how the covered agency intends to 
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1 comply with the minimum requirements estab2 lished under paragraph (1). 

3 ‘‘(6) USE OF TECHNOLOGY.—In determining 

4 whether to establish or continue to operate an exist5 ing data center, the head of a covered agency shall— 

6 ‘‘(A) regularly assess the application port7 folio of the covered agency and ensure that each 

8 at-risk legacy application is updated, replaced, 

9 or modernized, as appropriate, to take advan10 tage of modern technologies; and 

11 ‘‘(B) prioritize and, to the greatest extent 

12 possible, leverage commercial cloud environ13 ments rather than acquiring, overseeing, or 

14 managing custom data center infrastructure. 

15 ‘‘(7) PUBLIC WEBSITE.— 

16 ‘‘(A) IN GENERAL.—The Administrator 

17 shall maintain a public-facing website that in18 cludes information, data, and explanatory state19 ments relating to the compliance of covered 

20 agencies with the requirements of this section. 

21 ‘‘(B) PROCESSES AND PROCEDURES.—In 

22 maintaining the website described in subpara23 graph (A), the Administrator shall— 

24 ‘‘(i) ensure covered agencies regularly, 

25 and not less frequently than biannually, 
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1 update the information, data, and explana2 tory statements posed on the website, pur3 suant to guidance issued by the Adminis4 trator, relating to any new data centers 

5 and, as appropriate, each existing data 

6 center of the covered agency; and 

7 ‘‘(ii) ensure that all information, data, 

8 and explanatory statements on the website 

9 are maintained as open Government data 

10 assets.’’; and 

11 (3) in subsection (c), by striking paragraph (1) 

12 and inserting the following: 

13 ‘‘(1) IN GENERAL.—The head of a covered 

14 agency shall oversee and manage the data center 

15 portfolio and the information technology strategy of 

16 the covered agency in accordance with Federal cy17 bersecurity guidelines and directives, including— 

18 ‘‘(A) information security standards and 

19 guidelines promulgated by the Director of the 

20 National Institute of Standards and Tech21 nology; 

22 ‘‘(B) applicable requirements and guidance 

23 issued by the Director of the Office of Manage24 ment and Budget pursuant to section 3614 of 

25 title 44, United States Code; and 
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1 ‘‘(C) directives issued by the Secretary of 

2 Homeland Security under section 3553 of title 

3 44, United States Code.’’. 

4 (c) EXTENSION OF SUNSET.—Section 834(e) of the 

5 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De6 fense Authorization Act for Fiscal Year 2015 (44 U.S.C. 

7 3601 note; Public Law 113–291) is amended by striking 

8 ‘‘2022’’ and inserting ‘‘2026’’. 

9 (d) GAO REVIEW.—Not later than 1 year after the 

10 date of the enactment of this subtitle, and annually there11 after, the Comptroller General of the United States shall 

12 review, verify, and audit the compliance of covered agen13 cies with the minimum requirements established pursuant 

14 to section 834(b)(1) of the Carl Levin and Howard P. 

15 ‘‘Buck’’ McKeon National Defense Authorization Act for 

16 Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113– 

17 291) for new data centers and subsection (b)(3) of that 

18 section for existing data centers, as appropriate. 

19 TITLE LXX—STEMMING THE 

20 FLOW OF ILLICIT NARCOTICS 

21 Subtitle A—Enhancing DHS Drug 

22 Seizures Act 

23 SEC. 11101. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Enhancing DHS 

25 Drug Seizures Act’’. 
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1 SEC. 11102. COORDINATION AND INFORMATION SHARING. 

2 (a) PUBLIC-PRIVATE PARTNERSHIPS.— 

3 (1) STRATEGY.—Not later than 180 days after 

4 the date of enactment of this Act, the Secretary of 

5 Homeland Security shall develop a strategy to 

6 strengthen existing and establish new public-private 

7 partnerships with shipping, chemical, and pharma8 ceutical industries to assist with early detection and 

9 interdiction of illicit drugs and precursor chemicals. 

10 (2) CONTENTS.—The strategy required under 

11 paragraph (1) shall contain goals and objectives for 

12 employees of the Department of Homeland Security 

13 to ensure the tactics, techniques, and procedures 

14 gained from the public-private partnerships de15 scribed in paragraph (1) are included in policies, 

16 best practices, and training for the Department. 

17 (3) IMPLEMENTATION PLAN.—Not later than 

18 180 days after developing the strategy required 

19 under paragraph (1), the Secretary of Homeland Se20 curity shall develop an implementation plan for the 

21 strategy, which shall outline departmental lead and 

22 support roles, responsibilities, programs, and 

23 timelines for accomplishing the goals and objectives 

24 of the strategy. 

25 (4) BRIEFING.—The Secretary of Homeland 

26 Security shall provide annual briefings to the Com-
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1 mittee on Homeland Security and Governmental Af2 fairs of the Senate and the Committee on Homeland 

3 Security of the House of Representatives regarding 

4 the progress made in addressing the implementation 

5 plan developed pursuant to paragraph (3). 

6 (b) ASSESSMENT OF DRUG TASK FORCES.— 

7 (1) IN GENERAL.—The Secretary of Homeland 

8 Security shall conduct an assessment of the 

9 counterdrug task forces in which the Department of 

10 Homeland Security, including components of the De11 partment, participates in or leads, which shall in12 clude— 

13 (A) areas of potential overlap; 

14 (B) opportunities for sharing information 

15 and best practices; 

16 (C) how the Department’s processes for 

17 ensuring accountability and transparency in its 

18 vetting and oversight of partner agency task 

19 force members align with best practices; and 

20 (D) corrective action plans for any capa21 bility limitations and deficient or negative find22 ings identified in the report for any such task 

23 forces led by the Department. 

24 (2) COORDINATION.—In conducting the assess25 ment required under paragraph (1), with respect to 
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1 counterdrug task forces that include foreign part2 ners, the Secretary of Homeland Security shall co3 ordinate with the Secretary of State. 

4 (3) REPORT.— 

5 (A) IN GENERAL.—Not later than 180 

6 days after the date of enactment of this Act, 

7 the Secretary of Homeland Security shall sub8 mit a report to the Committee on Homeland 

9 Security and Governmental Affairs of the Sen10 ate and the Committee on Homeland Security 

11 of the House of Representatives that contains a 

12 summary of the results of the assessment con13 ducted pursuant to paragraph (1). 

14 (B) FOREIGN PARTNERS.—If the report 

15 submitted under subparagraph (A) includes in16 formation about counterdrug forces that include 

17 foreign partners, the Secretary of Homeland 

18 Security shall submit the report to the Com19 mittee on Foreign Relations of the Senate and 

20 the Committee on Foreign Affairs of the House 

21 of Representatives. 

22 (4) CORRECTIVE ACTION PLAN.—The Secretary 

23 of Homeland Security shall— 

24 (A) implement the corrective action plans 

25 described in paragraph (1)(D) immediately 
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1 after the submission of the report pursuant to 

2 paragraph (2); and 

3 (B) provide annual briefings to the Com4 mittee on Homeland Security and Govern5 mental Affairs of the Senate and the Committee 

6 on Homeland Security of the House of Rep7 resentatives regarding the progress made in im8 plementing the corrective action plans. 

9 (c) COMBINATION OF BRIEFINGS.—The Secretary of 

10 Homeland Security may combine the briefings required 

11 under subsections (a)(4) and (b)(3)(B) and provide such 

12 combined briefings through fiscal year 2026. 

13 SEC. 11103. DANGER PAY FOR DEPARTMENT OF HOMELAND 

14 SECURITY PERSONNEL DEPLOYED ABROAD. 

15 (a) IN GENERAL.—Subtitle H of title VIII of the 

16 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

17 is amended by inserting after section 881 the following: 

18 ‘‘SEC. 881A. DANGER PAY ALLOWANCE. 

19 ‘‘(a) AUTHORIZATION.—An employee of the Depart20 ment, while stationed in a foreign area, may be granted 

21 a danger pay allowance, not to exceed 35 percent of the 

22 basic pay of such employee, for any period during which 

23 such foreign area experiences a civil insurrection, a civil 

24 war, ongoing terrorist acts, or wartime conditions that 
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1 threaten physical harm or imminent danger to the health 

2 or well-being of such employee. 

3 ‘‘(b) NOTICE.—Before granting or terminating a 

4 danger pay allowance to any employee pursuant to sub5 section (a), the Secretary, after consultation with the Sec6 retary of State, shall notify the Committee on Homeland 

7 Security and Governmental Affairs of the Senate, the 

8 Committee on Foreign Relations of the Senate, the Com9 mittee on Homeland Security of the House of Representa10 tives, and the Committee on Foreign Affairs of the House 

11 of Representatives of— 

12 ‘‘(1) the intent to make such payments and the 

13 circumstances justifying such payments; or 

14 ‘‘(2) the intent to terminate such payments and 

15 the circumstances justifying such termination.’’. 

16 SEC. 11104. IMPROVING TRAINING TO FOREIGN-VETTED 

17 LAW ENFORCEMENT OR NATIONAL SECURITY 

18 UNITS. 

19 The Secretary of Homeland Security, or the designee 

20 of the Secretary, may, with the concurrence of the Sec21 retary of State, provide training to foreign-vetted law en22 forcement or national security units and may waive reim23 bursement for salary expenses of such Department of 

24 Homeland Security personnel, in accordance with an 
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1 agreement with the Department of Defense pursuant to 

2 section 1535 of title 31, United States Code. 

3 SEC. 11105. ENHANCING THE OPERATIONS OF U.S. CUS4 TOMS AND BORDER PROTECTION IN FOR5 EIGN COUNTRIES. 

6 Section 411(f) of the Homeland Security Act of 2002 

7 (6 U.S.C. 211(f)) is amended— 

8 (1) by redesignating paragraph (4) as para9 graph (5); and 

10 (2) by inserting after paragraph (3) the fol11 lowing: 

12 ‘‘(4) PERMISSIBLE ACTIVITIES.— 

13 ‘‘(A) IN GENERAL.—Employees of U.S. 

14 Customs and Border Protection and other cus15 toms officers designated in accordance with the 

16 authorities granted to officers and agents of Air 

17 and Marine Operations may, with the concur18 rence of the Secretary of State, provide the sup19 port described in subparagraph (B) to authori20 ties of the government of a foreign country if 

21 an arrangement has been entered into between 

22 the Government of the United States and the 

23 government of such country that permits such 

24 support by such employees and officers. 
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1 ‘‘(B) SUPPORT DESCRIBED.—The support 

2 described in this subparagraph is support for— 

3 ‘‘(i) the monitoring, locating, tracking, 

4 and deterrence of— 

5 ‘‘(I) illegal drugs to the United 

6 States; 

7 ‘‘(II) the illicit smuggling of per8 sons and goods into the United 

9 States; 

10 ‘‘(III) terrorist threats to the 

11 United States; and 

12 ‘‘(IV) other threats to the secu13 rity or economy of the United States; 

14 ‘‘(ii) emergency humanitarian efforts; 

15 and 

16 ‘‘(iii) law enforcement capacity-build17 ing efforts. 

18 ‘‘(C) PAYMENT OF CLAIMS.— 

19 ‘‘(i) IN GENERAL.—Subject to clauses 

20 (ii) and (iv), the Secretary, with the con21 currence of the Secretary of State, may ex22 pend funds that have been appropriated or 

23 otherwise made available for the operating 

24 expenses of the Department to pay claims 

25 for money damages against the United 
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1 States, in accordance with the first para2 graph of section 2672 of title 28, United 

3 States Code, which arise in a foreign coun4 try in connection with U.S. Customs and 

5 Border Protection operations in such coun6 try. 

7 ‘‘(ii) SUBMISSION DEADLINE.—A 

8 claim may be allowed under clause (i) only 

9 if it is presented not later than 2 years 

10 after it accrues. 

11 ‘‘(iii) REPORT.—Not later than 90 

12 days after the date on which the expendi13 ture authority under clause (i) expires pur14 suant to clause (iv), the Secretary shall 

15 submit a report to the Committee on 

16 Homeland Security and Governmental Af17 fairs and the Committee on Foreign Rela18 tions of the Senate and the Committee on 

19 Homeland Security and Committee on 

20 Foreign Affairs of the House of Represent21 atives that describes, for each of the pay22 ments made pursuant to clause (i)— 

23 ‘‘(I) the foreign entity that re24 ceived such payment; 
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1 ‘‘(II) the amount paid to such 

2 foreign entity; 

3 ‘‘(III) the country in which such 

4 foreign entity resides or has its prin5 cipal place of business; and 

6 ‘‘(IV) a detailed account of the 

7 circumstances justify such payment. 

8 ‘‘(iv) SUNSET.—The expenditure au9 thority under clause (i) shall expire on the 

10 date that is 5 years after the date of the 

11 enactment of the Enhancing DHS Drug 

12 Seizures Act.’’. 

13 SEC. 11106. DRUG SEIZURE DATA IMPROVEMENT. 

14 (a) STUDY.—Not later than 180 days after the date 

15 of the enactment of this Act, the Secretary of Homeland 

16 Security shall conduct a study to identify any opportuni17 ties for improving drug seizure data collection. 

18 (b) ELEMENTS.—The study required under sub19 section (a) shall— 

20 (1) include a survey of the entities that use 

21 drug seizure data; and 

22 (2) address— 

23 (A) any additional data fields or drug type 

24 categories that should be added to U.S. Cus25 toms and Border Protection’s SEACATS, U.S. 
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1 Border Patrol’s e3 portal, and any other sys2 tems deemed appropriate by the Commissioner 

3 of U.S. Customs and Border Protection, in ac4 cordance with the first recommendation in the 

5 Government Accountability Office’s report 

6 GAO–22–104725, entitled ‘‘Border Security: 

7 CBP Could Improve How It Categorizes Drug 

8 Seizure Data and Evaluates Training’’; 

9 (B) how all the Department of Homeland 

10 Security components that collect drug seizure 

11 data can standardize their data collection ef12 forts and deconflict drug seizure reporting; 

13 (C) how the Department of Homeland Se14 curity can better identify, collect, and analyze 

15 additional data on precursor chemicals, syn16 thetic drugs, novel psychoactive substances, and 

17 analogues that have been seized by U.S. Cus18 toms and Border Protection and U.S. Immigra19 tion and Customs Enforcement; and 

20 (D) how the Department of Homeland Se21 curity can improve its model of anticipated drug 

22 flow into the United States. 

23 (c) IMPLEMENTATION OF FINDINGS.—Following the 

24 completion of the study required under subsection (a)— 
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1 (1) the Secretary of Homeland Security, in ac2 cordance with the Office of National Drug Control 

3 Policy’s 2022 National Drug Control Strategy, shall 

4 modify Department of Homeland Security drug sei5 zure policies and training programs, as appropriate, 

6 consistent with the findings of such study; and 

7 (2) the Commissioner of U.S. Customs and 

8 Border Protection, in consultation with the Director 

9 of U.S. Immigration and Customs Enforcement, 

10 shall make any necessary updates to relevant sys11 tems to include the results of confirmatory drug 

12 testing results. 

13 SEC. 11107. DRUG PERFORMANCE MEASURES. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Secretary of Homeland Security shall de16 velop and implement a plan to ensure that components 

17 of the Department of Homeland Security develop and 

18 maintain outcome-based performance measures that ade19 quately assess the success of drug interdiction efforts and 

20 how to utilize the existing drug-related metrics and per21 formance measures to achieve the missions, goals, and tar22 gets of the Department. 
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1 SEC. 11108. PENALTIES FOR HINDERING IMMIGRATION, 

2 BORDER, AND CUSTOMS CONTROLS. 

3 (a) PERSONNEL AND STRUCTURES.—Title II of the 

4 Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 

5 is amended by inserting after section 274D the following: 

6 ‘‘SECTION 274E. DESTROYING OR EVADING BORDER CON7 TROLS. 

8 ‘‘(a) IN GENERAL.—It shall be unlawful to knowingly 

9 and without lawful authorization— 

10 ‘‘(1)(A) destroy or significantly damage any 

11 fence, barrier, sensor, camera, or other physical or 

12 electronic device deployed by the Federal Govern13 ment to control an international border of, or a port 

14 of entry to, the United States; or 

15 ‘‘(B) otherwise construct, excavate, or make 

16 any structure intended to defeat, circumvent or 

17 evade such a fence, barrier, sensor camera, or other 

18 physical or electronic device deployed by the Federal 

19 Government to control an international border of, or 

20 a port of entry to, the United States; and 

21 ‘‘(2) in carrying out an act described in para22 graph (1), have the intent to knowingly and will23 fully— 

24 ‘‘(A) secure a financial gain; 

25 ‘‘(B) further the objectives of a criminal 

26 organization; and 
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1 ‘‘(C) violate— 

2 ‘‘(i) section 274(a)(1)(A)(i); 

3 ‘‘(ii) the customs and trade laws of 

4 the United States (as defined in section 

5 2(4) of the Trade Facilitation and Trade 

6 Enforcement Act of 2015 (Public Law 

7 114–125)); 

8 ‘‘(iii) any other Federal law relating 

9 to transporting controlled substances, agri10 culture, or monetary instruments into the 

11 United States; or 

12 ‘‘(iv) any Federal law relating to bor13 der controls measures of the United 

14 States. 

15 ‘‘(b) PENALTY.—Any person who violates subsection 

16 (a) shall be fined under title 18, United States Code, im17 prisoned for not more than 5 years, or both.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 for the Immigration and Nationality Act (8 U.S.C. 1101 

20 et seq.) is amended by inserting after the item relating 

21 to section 274D the following: 

‘‘Sec. 274E. Destroying or evading border controls.’’. 
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1 Subtitle B—Non-Intrusive 

2 Inspection Expansion Act 

3 SEC. 11111. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Non-Intrusive In5 spection Expansion Act’’. 

6 SEC. 11112. USE OF NON-INTRUSIVE INSPECTION SYSTEMS 

7 AT LAND PORTS OF ENTRY. 

8 (a) FISCAL YEAR 2026.—Using non-intrusive inspec9 tion systems acquired through previous appropriations 

10 Acts, beginning not later than September 30, 2026, U.S. 

11 Customs and Border Protection shall use non-intrusive in12 spection systems at land ports of entry to scan, cumula13 tively, at ports of entry where systems are in place by the 

14 deadline, not fewer than— 

15 (1) 40 percent of passenger vehicles entering 

16 the United States; and 

17 (2) 90 percent of commercial vehicles entering 

18 the United States. 

19 (b) SUBSEQUENT FISCAL YEARS.—Beginning in fis20 cal year 2027, U.S. Customs and Border Protection shall 

21 use non-intrusive inspection systems at land ports of entry 

22 to reach the next projected benchmark for incremental 

23 scanning of passenger and commercial vehicles entering 

24 the United States at such ports of entry. 
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1 (c) BRIEFING.—Not later than May 30, 2026, the 

2 Commissioner of U.S. Customs and Border Protection 

3 shall brief the Committee on Homeland Security and Gov4 ernmental Affairs of the Senate and the Committee on 

5 Homeland Security of the House of Representatives re6 garding the progress made during the first half of fiscal 

7 year 2026 in achieving the scanning benchmarks described 

8 in subsection (a). 

9 (d) REPORT.—If the scanning benchmarks described 

10 in subsection (a) are not met by the end of fiscal year 

11 2026, not later than 120 days after the end of that fiscal 

12 year, the Commissioner of U.S. Customs and Border Pro13 tection shall submit a report to the Committee on Home14 land Security and Governmental Affairs of the Senate and 

15 the Committee on Homeland Security of the House of 

16 Representatives that— 

17 (1) analyzes the causes for not meeting such re18 quirements; 

19 (2) identifies any resource gaps and challenges; 

20 and 

21 (3) details the steps that will be taken to ensure 

22 compliance with such requirements in the subse23 quent fiscal year. 
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1 SEC. 11113. NON-INTRUSIVE INSPECTION SYSTEMS FOR 

2 OUTBOUND INSPECTIONS. 

3 (a) STRATEGY.—Not later than 180 days after the 

4 date of the enactment of this Act, the Commissioner of 

5 U.S. Customs and Border Protection shall submit a strat6 egy to the Committee on Homeland Security and Govern7 mental Affairs of the Senate and the Committee on Home8 land Security of the House of Representatives for increas9 ing sustained outbound inspection operations at land ports 

10 of entry that includes— 

11 (1) the number of existing and planned out12 bound inspection lanes at each port of entry; 

13 (2) infrastructure limitations that limit the abil14 ity of U.S. Customs and Border Protection to deploy 

15 non-intrusive inspection systems for outbound in16 spections; 

17 (3) the number of additional non-intrusive in18 spection systems that are necessary to increase scan19 ning capacity for outbound inspections; and 

20 (4) plans for funding and acquiring the systems 

21 described in paragraph (3). 

22 (b) IMPLEMENTATION.—Beginning not later than 

23 September 30, 2026, U.S. Customs and Border Protection 

24 shall use non-intrusive inspection systems at land ports 

25 of entry to scan not fewer than 10 percent of all vehicles 

26 exiting the United States through land ports of entry. 
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1 SEC. 11114. GAO REVIEW AND REPORT. 

2 (a) REVIEW.— 

3 (1) IN GENERAL.—The Comptroller General of 

4 the United States shall conduct a review of the use 

5 by U.S. Customs and Border Protection of non-in6 trusive inspection systems for border security. 

7 (2) ELEMENTS.—The review required under 

8 paragraph (1) shall— 

9 (A) identify— 

10 (i) the number and types of non-intru11 sive inspection systems deployed by U.S. 

12 Customs and Border Protection; and 

13 (ii) the locations to which such sys14 tems have been deployed; and 

15 (B) examine the manner in which U.S. 

16 Customs and Border Protection— 

17 (i) assesses the effectiveness of such 

18 systems; and 

19 (ii) uses such systems in conjunction 

20 with other border security resources and 

21 assets, such as border barriers and tech22 nology, to detect and interdict drug smug23 gling and trafficking at the southwest bor24 der of the United States. 

25 (b) REPORT.—Not later than 2 years after the date 

26 of the enactment of this Act, the Comptroller General shall 
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1 submit a report to the Committee on Homeland Security 

2 and Governmental Affairs of the Senate and the Com3 mittee on Homeland Security of the House of Representa4 tives containing the findings of the review conducted pur5 suant to subsection (a). 

6 Subtitle C—Securing America’s 

7 Ports of Entry Act of 2023 

8 SEC. 11121. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Securing America’s 

10 Ports of Entry Act of 2023’’. 

11 SEC. 11122. ADDITIONAL U.S. CUSTOMS AND BORDER PRO12 TECTION PERSONNEL. 

13 (a) OFFICERS.—Subject to appropriations, the Com14 missioner of U.S. Customs and Border Protection shall 

15 hire, train, and assign not fewer than 600 new U.S. Cus16 toms and Border Protection officers above the current at17 trition level during every fiscal year until the total number 

18 of U.S. Customs and Border Protection officers equals 

19 and sustains the requirements identified each year in the 

20 Workload Staffing Model. 

21 (b) SUPPORT STAFF.—The Commissioner is author22 ized to hire, train, and assign support staff, including 

23 technicians and Enterprise Services mission support, to 

24 perform non-law enforcement administrative functions to 
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1 support the new U.S. Customs and Border Protection offi2 cers hired pursuant to subsection (a). 

3 (c) TRAFFIC FORECASTS.—In calculating the number 

4 of U.S. Customs and Border Protection officers needed 

5 at each port of entry through the Workload Staffing 

6 Model, the Commissioner shall— 

7 (1) rely on data collected regarding the inspec8 tions and other activities conducted at each such 

9 port of entry; 

10 (2) consider volume from seasonal surges, other 

11 projected changes in commercial and passenger vol12 umes, the most current commercial forecasts, and 

13 other relevant information; 

14 (3) consider historical volume and forecasts 

15 prior to the COVID–19 pandemic and the impact on 

16 international travel; and 

17 (4) incorporate personnel requirements for in18 creasing the rate of outbound inspection operations 

19 at land ports of entry. 

20 (d) GAO REPORT.—If the Commissioner does not 

21 hire the 600 additional U.S. Customs and Border Protec22 tion officers authorized under subsection (a) during fiscal 

23 year 2024, or during any subsequent fiscal year in which 

24 the hiring requirements set forth in the Workload Staffing 
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1 Model have not been achieved, the Comptroller General 

2 of the United States shall— 

3 (1) conduct a review of U.S. Customs and Bor4 der Protection hiring practices to determine the rea5 sons that such requirements were not achieved and 

6 other issues related to hiring by U.S. Customs and 

7 Border Protection; and 

8 (2) submit a report to the Committee on Home9 land Security and Governmental Affairs of the Sen10 ate, the Committee on Finance of the Senate, the 

11 Committee on Homeland Security of the House of 

12 Representatives, and the Committee on Ways and 

13 Means of the House of Representatives that de14 scribes the results of the review conducted pursuant 

15 to paragraph (1). 

16 SEC. 11123. PORTS OF ENTRY INFRASTRUCTURE ENHANCE17 MENT REPORT. 

18 Not later than 90 days after the date of the enact19 ment of this Act, the Commissioner of U.S. Customs and 

20 Border Protection shall submit a report to the Committee 

21 on Homeland Security and Governmental Affairs of the 

22 Senate, the Committee on Finance of the Senate, the 

23 Committee on Homeland Security of the House of Rep24 resentatives, and the Committee on Ways and Means of 

25 the House of Representatives that identifies— 
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1 (1) infrastructure improvements at ports of 

2 entry that would enhance the ability of U.S. Cus3 toms and Border Protection officers to interdict 

4 opioids and other drugs that are being illegally 

5 transported into the United States, including a de6 scription of circumstances at specific ports of entry 

7 that prevent the deployment of technology used at 

8 other ports of entry; 

9 (2) detection equipment that would improve the 

10 ability of such officers to identify opioids, including 

11 precursors and derivatives, that are being illegally 

12 transported into the United States; and 

13 (3) safety equipment that would protect such 

14 officers from accidental exposure to such drugs or 

15 other dangers associated with the inspection of po16 tential drug traffickers. 

17 SEC. 11124. REPORTING REQUIREMENTS. 

18 (a) TEMPORARY DUTY ASSIGNMENTS.— 

19 (1) QUARTERLY REPORT.—The Commissioner 

20 of U.S. Customs and Border Protection shall submit 

21 a quarterly report to the appropriate congressional 

22 committees that includes, for the reporting period— 

23 (A) the number of temporary duty assign24 ments; 
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1 (B) the number of U.S. Customs and Bor2 der Protection officers required for each tem3 porary duty assignment; 

4 (C) the ports of entry from which such of5 ficers were reassigned; 

6 (D) the ports of entry to which such offi7 cers were reassigned; 

8 (E) the ports of entry at which reimburs9 able service agreements have been entered into 

10 that may be affected by temporary duty assign11 ments; 

12 (F) the duration of each temporary duty 

13 assignment; 

14 (G) the cost of each temporary duty as15 signment; and 

16 (H) the extent to which the temporary 

17 duty assignments within the reporting period 

18 were in support of the other U.S. Customs and 

19 Border Protection activities or operations along 

20 the southern border of the United States, in21 cluding the specific costs associated with such 

22 temporary duty assignments. 

23 (2) NOTICE.—Not later than 10 days before re24 deploying employees from 1 port of entry to another, 

25 absent emergency circumstances— 
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1 (A) the Commissioner shall notify the di2 rector of the port of entry from which employ3 ees will be reassigned of the intended redeploy4 ments; and 

5 (B) the port director shall notify impacted 

6 facilities (including airports, seaports, and land 

7 ports) of the intended redeployments. 

8 (3) STAFF BRIEFING.—The Commissioner shall 

9 brief all affected U.S. Customs and Border Protec10 tion employees regarding plans to mitigate 

11 vulnerabilities created by any planned staffing re12 ductions at ports of entry. 

13 (b) REPORTS ON U.S. CUSTOMS AND BORDER PRO14 TECTION AGREEMENTS.—Section 907(a) of the Trade Fa15 cilitation and Trade Enforcement Act of 2015 (19 U.S.C. 

16 4451(a)) is amended— 

17 (1) in paragraph (3), by striking ‘‘and an as18 sessment’’ and all that follows and inserting a pe19 riod; 

20 (2) by redesignating paragraphs (4) through 

21 (12) as paragraphs (5) through (13), respectively; 

22 (3) by inserting after paragraph (3) the fol23 lowing: 

24 ‘‘(4) A description of the factors that were con25 sidered before entering into the agreement, including 
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1 an assessment of how the agreement provides eco2 nomic benefits and security benefits (if applicable) 

3 at the port of entry to which the agreement re4 lates.’’; and 

5 (4) in paragraph (5), as redesignated by para6 graph (2), by inserting after ‘‘the report’’ the fol7 lowing: ‘‘, including the locations of such services 

8 and the total hours of reimbursable services under 

9 the agreement, if any’’. 

10 (c) ANNUAL WORKLOAD STAFFING MODEL RE11 PORT.—As part of the Annual Report on Staffing required 

12 under section 411(g)(5)(A) of the Homeland Security Act 

13 of 2002 (6 U.S.C. 211(g)(5)(A)), the Commissioner shall 

14 include— 

15 (1) information concerning the progress made 

16 toward meeting the U.S. Customs and Border Pro17 tection officer and support staff hiring targets set 

18 forth in section 2, while accounting for attrition; 

19 (2) an update to the information provided in 

20 the Resource Optimization at the Ports of Entry re21 port, which was submitted to Congress on Sep22 tember 12, 2017, pursuant to the Department of 

23 Homeland Security Appropriations Act, 2017 (divi24 sion F of Public Law 115–31); and 
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1 (3) a summary of the information included in 

2 the reports required under subsection (a) and sec3 tion 907(a) of the Trade Facilitation and Trade En4 forcement Act of 2015, as amended by subsection 

5 (b). 

6 (d) CBP ONE MOBILE APPLICATION.—During the 2- 

7 year period beginning on the date of the enactment of this 

8 Act, the Commissioner of U.S. Customs and Border Pro9 tection shall publish a monthly report on the use of the 

10 CBP One mobile application, including, with respect to 

11 each reporting period— 

12 (1) the number of application registration at13 tempts made through CBP One pursuant to the Cir14 cumvention of Lawful Pathways final rule (88 Fed. 

15 Reg. 31314 (May 16, 2023)) that resulted in a sys16 tem error, disaggregated by error type; 

17 (2) the total number of noncitizens who suc18 cessfully registered appointments through CBP One 

19 pursuant to such rule; 

20 (3) the total number of appointments made 

21 through CBP One pursuant to such rule that went 

22 unused; 

23 (4) the total number of individuals who have 

24 been granted parole with a Notice to Appear subse-
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1 quent to appointments scheduled for such individ2 uals through CBP One pursuant to such rule; and 

3 (5) the total number of noncitizens who have 

4 been issued a Notice to Appear and have been trans5 ferred to U.S. Immigration and Customs Enforce6 ment custody subsequent to appointments scheduled 

7 for such noncitizens through CBP One pursuant to 

8 such rule. 

9 (e) DEFINED TERM.—In this section, the term ‘‘ap10 propriate congressional committees’’ means— 

11 (1) the Committee on Homeland Security and 

12 Governmental Affairs of the Senate; 

13 (2) the Committee on Appropriations of the 

14 Senate; 

15 (3) the Committee on Finance of the Senate; 

16 (4) the Committee on Homeland Security of the 

17 House of Representatives 

18 (5) the Committee on Appropriations of the 

19 House of Representatives; and 

20 (6) the Committee on Ways and Means of the 

21 House of Representatives. 

22 SEC. 11125. AUTHORIZATION OF APPROPRIATIONS. 

23 There is authorized to be appropriated to carry out 

24 this subtitle— 

25 (1) $136,292,948 for fiscal year 2024; and 
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1 (2) $156,918,590 for each of the fiscal years 

2 2025 through 2029. 

3 Subtitle D—Border Patrol 

4 Enhancement Act 

5 SEC. 11131. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Border Patrol En7 hancement Act’’. 

8 SEC. 11132. AUTHORIZED STAFFING LEVEL FOR THE 

9 UNITED STATES BORDER PATROL. 

10 (a) DEFINED TERM.—In this subtitle, the term ‘‘vali11 dated personnel requirements determination model’’ 

12 means a determination of the number of United States 

13 Border Patrol agents needed to meet the critical mission 

14 requirements of the United States Border Patrol to main15 tain an orderly process for migrants entering the United 

16 States, that has been validated by a qualified research en17 tity pursuant to subsection (c). 

18 (b) UNITED STATES BORDER PATROL PERSONNEL

19 REQUIREMENTS DETERMINATION MODEL.— 

20 (1) COMPLETION; NOTICE.—Not later than 180 

21 days after the date of the enactment of this Act, the 

22 Commissioner shall complete a personnel require23 ments determination model for United States Border 

24 Patrol that builds on the 5-year United States Bor25 der Patrol staffing and deployment plan referred to 
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1 on page 33 of House of Representatives Report 

2 112–91 (May 26, 2011) and submit a notice of com3 pletion to— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; 

6 (B) the Committee on Homeland Security 

7 of the House of Representatives; 

8 (C) the Director of the Office of Personnel 

9 Management; and 

10 (D) the Comptroller General of the United 

11 States. 

12 (2) CERTIFICATION.—Not later than 30 days 

13 after the completion of the personnel requirements 

14 determination model described in paragraph (1), the 

15 Commissioner shall submit a copy of such model, an 

16 explanation of its development, and a strategy for 

17 obtaining independent verification of such model, 

18 to— 

19 (A) the Committee on Homeland Security 

20 and Governmental Affairs of the Senate; 

21 (B) the Committee on Homeland Security 

22 of the House of Representatives; 

23 (C) the Office of Personnel Management; 

24 and 
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1 (D) the Comptroller General of the United 

2 States. 

3 (c) INDEPENDENT STUDY OF PERSONNEL REQUIRE4 MENTS DETERMINATION MODEL.— 

5 (1) REQUIREMENT FOR STUDY.—Not later than 

6 90 days after the completion of the personnel re7 quirements determination model pursuant to sub8 section (b)(1), the Secretary of Homeland Security 

9 shall select an entity that is technically, 

10 managerially, and financially independent from the 

11 Department of Homeland Security to conduct an 

12 independent verification and validation of the model. 

13 (2) REPORTS.— 

14 (A) TO SECRETARY.—Not later than 1 

15 year after the completion of the personnel re16 quirements determination model under sub17 section (b)(1), the entity performing the inde18 pendent verification and validation of the model 

19 shall submit a report to the Secretary of Home20 land Security that includes— 

21 (i) the results of the study conducted 

22 pursuant to paragraph (1); and 

23 (ii) any recommendations regarding 

24 the model that such entity considers to be 

25 appropriate. 
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1 (B) TO CONGRESS.—Not later than 30 

2 days after receiving the report described in sub3 paragraph (A), the Secretary of Homeland Se4 curity shall submit such report, along with any 

5 additional views or recommendations regarding 

6 the personnel requirements determination 

7 model, to the Committee on Homeland Security 

8 and Governmental Affairs of the Senate and the 

9 Committee on Homeland Security of the House 

10 of Representatives. 

11 (d) AUTHORITY TO HIRE ADDITIONAL PER12 SONNEL.—Beginning on the date that is 180 days after 

13 receiving a report from a qualified research entity pursu14 ant to subsection (c)(2) that validates the personnel re15 quirements determination model and after implementing 

16 any recommendations to improve or update such model, 

17 the Secretary of Homeland Security may hire, train, and 

18 assign 600 or more United States Border Patrol agents 

19 above the attrition level during every fiscal year until the 

20 number of active agents meets the level recommended by 

21 the validated personnel requirements determination model. 
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1 SEC. 11133. ESTABLISHMENT OF HIGHER RATES OF REGU2 LARLY SCHEDULED OVERTIME PAY FOR 

3 UNITED STATES BORDER PATROL AGENTS 

4 CLASSIFIED AT GS–12. 

5 Section 5550 of title 5, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(h) SPECIAL OVERTIME PAY FOR GS–12 BORDER

8 PATROL AGENTS.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding para10 graphs (1)(F), (2)(C), and (3)(C) of subsection (b), 

11 a border patrol agent encumbering a position at 

12 grade GS–12 shall receive a special overtime pay13 ment under this subsection for hours of regularly 

14 scheduled work described in paragraph (2)(A)(ii) or 

15 (3)(A)(ii) of subsection (b), as applicable, that are 

16 credited to the agent through actual performance of 

17 work, crediting under rules for canine agents under 

18 subsection (b)(1)(F), or substitution of overtime 

19 hours in the same work period under subsection 

20 (f)(2)(A), except that no such payment may be made 

21 for periods of absence resulting in an hours obliga22 tion under paragraph (3) or (4) of subsection (f). 

23 ‘‘(2) COMPUTATION.—The special overtime pay24 ment authorized under paragraph (1) shall be com25 puted by multiplying the credited hours by 50 per-
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1 cent of the border patrol agent’s hourly rate of basic 

2 pay, rounded to the nearest cent. 

3 ‘‘(3) LIMITATIONS.—The special overtime pay4 ment authorized under paragraph (1)— 

5 ‘‘(A) is not considered basic pay for retire6 ment under section 8331(3) or 8401(4) or for 

7 any other purpose; 

8 ‘‘(B) is not payable during periods of paid 

9 leave or other paid time off; and 

10 ‘‘(C) is not considered in computing an 

11 agent’s lump-sum annual leave payment under 

12 sections 5551 and 5552.’’. 

13 SEC. 11134. GAO ASSESSMENT OF RECRUITING EFFORTS, 

14 HIRING REQUIREMENTS, AND RETENTION OF 

15 LAW ENFORCEMENT PERSONNEL. 

16 The Comptroller General of the United States shall— 

17 (1) conduct an assessment of U.S. Customs and 

18 Border Protection’s— 

19 (A) efforts to recruit law enforcement per20 sonnel; 

21 (B) hiring process and job requirements 

22 relating to such recruitment; and 

23 (C) retention of law enforcement per24 sonnel, including the impact of employee com25 pensation on such retention efforts; and 
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1 (2) not later than 2 years after the date of the 

2 enactment of this Act, submit a report containing 

3 the results of such assessment to— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; and 

6 (B) the Committee on Homeland Security 

7 of the House of Representatives. 

8 SEC. 11135. CONTINUING TRAINING. 

9 (a) IN GENERAL.—The Commissioner shall require 

10 all United States Border Patrol agents and other employ11 ees or contracted employees designated by the Commis12 sioner, to participate in annual continuing training to 

13 maintain and update their understanding of— 

14 (1) Department of Homeland Security policies, 

15 procedures, and guidelines; 

16 (2) the fundamentals of law, ethics, and profes17 sional conduct; 

18 (3) applicable Federal law and regulations; 

19 (4) precedential legal rulings, including Federal 

20 Circuit Court and United States Supreme Court 

21 opinions relating to the duty of care and treatment 

22 of persons in the custody of the United States Bor23 der Patrol that the Commissioner determines are 

24 relevant to active duty agents; 
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1 (5) applicable migration trends that the Com2 missioner determines are relevant; 

3 (6) best practices for coordinating with commu4 nity stakeholders; and 

5 (7) any other information that the Commis6 sioner determines to be relevant to active duty 

7 agents. 

8 (b) TRAINING SUBJECTS.—Continuing training 

9 under this subsection shall include training regarding— 

10 (1) non-lethal use of force policies available to 

11 United States Border Patrol agents and de-esca12 lation strategies and methods; 

13 (2) identifying, screening, and responding to 

14 vulnerable populations, such as children, persons 

15 with diminished mental capacity, victims of human 

16 trafficking, pregnant mothers, victims of gender17 based violence, victims of torture or abuse, and the 

18 acutely ill; 

19 (3) trends in transnational criminal organiza20 tion activities that impact border security and mi21 gration; 

22 (4) policies, strategies, and programs— 

23 (A) to protect due process, the civil, 

24 human, and privacy rights of individuals, and 

25 the private property rights of land owners; 
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1 (B) to reduce the number of migrant and 

2 agent deaths; and 

3 (C) to improve the safety of agents on pa4 trol; 

5 (5) personal resilience; 

6 (6) anti-corruption and officer ethics training; 

7 (7) current migration trends, including updated 

8 cultural and societal issues of nations that are a sig9 nificant source of migrants who are— 

10 (A) arriving at a United States port of 

11 entry to seek humanitarian protection; or 

12 (B) encountered at a United States inter13 national boundary while attempting to enter 

14 without inspection; 

15 (8) the impact of border security operations on 

16 natural resources and the environment, including 

17 strategies to limit the impact of border security op18 erations on natural resources and the environment; 

19 (9) relevant cultural, societal, racial, and reli20 gious training, including cross-cultural communica21 tion skills; 

22 (10) training authorized under the Prison Rape 

23 Elimination Act of 2003 (42 U.S.C. 15601 et seq.); 

24 (11) risk management and safety training that 

25 includes agency protocols for ensuring public safety, 
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1 personal safety, and the safety of persons in the cus2 tody of the Department of Homeland Security; 

3 (12) non-lethal, self-defense training; and 

4 (13) any other training that meets the require5 ments to maintain and update the subjects identified 

6 in subsection (a). 

7 (c) COURSE REQUIREMENTS.—Courses offered under 

8 this section— 

9 (1) shall be administered by the United States 

10 Border Patrol, in consultation with the Federal Law 

11 Enforcement Training Center; and 

12 (2) shall be approved in advance by the Com13 missioner of U.S. Customs and Border Protection to 

14 ensure that such courses satisfy the requirements for 

15 training under this section. 

16 (d) ASSESSMENT.—Not later than 2 years after the 

17 date of the enactment of this Act, the Comptroller General 

18 of the United States shall submit a report to the Com19 mittee on Homeland Security and Governmental Affairs 

20 of the Senate and the Committee on Homeland Security 

21 of the House of Representatives that assesses the training 

22 and education provided pursuant to this section, including 

23 continuing education. 
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1 (e) FREQUENCY REQUIREMENTS.—Training offered 

2 as part of continuing education under this section shall 

3 include— 

4 (1) annual courses focusing on the curriculum 

5 described in paragraphs (1) through (6) of sub6 section (b); and 

7 (2) biannual courses focusing on curriculum de8 scribed in paragraphs (7) through (12) of subsection 

9 (b). 

10 SEC. 11136. REPORTING REQUIREMENTS. 

11 (a) RECRUITMENT AND RETENTION REPORT.—The 

12 Comptroller General of the United States shall— 

13 (1) conduct a study of the recruitment and re14 tention of female agents in the United States Border 

15 Patrol that examines— 

16 (A) the recruitment, application processes, 

17 training, promotion, and other aspects of em18 ployment for women in the United States Bor19 der Patrol; 

20 (B) the training, complaints system, and 

21 redress for sexual harassment and assault; and 

22 (C) additional issues related to recruitment 

23 and retention of female Border Patrol agents; 

24 and 
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1 (2) not later than 1 year after the date of the 

2 enactment of this Act, submit a report containing 

3 the results of such study and recommendations for 

4 addressing any identified deficiencies or opportuni5 ties for improvement to— 

6 (A) the Commissioner of U.S. Customs 

7 and Border Protection; 

8 (B) the Committee on Homeland Security 

9 and Governmental Affairs of the Senate; and 

10 (C) the Committee on Homeland Security 

11 of the House of Representatives. 

12 (b) IMPLEMENTATION REPORT.—Not later than 90 

13 days after receiving the recruitment and retention report 

14 required under subsection (a), the Commissioner shall 

15 submit a report to the Committee on Homeland Security 

16 and Governmental Affairs of the Senate and the Com17 mittee on Homeland Security of the House of Representa18 tives that describes the status of the Commissioner’s ef19 forts to implement any recommendations included in re20 cruitment and retention report. 

21 Subtitle E—END FENTANYL Act 

22 SEC. 11141. SHORT TITLES. 

23 This subtitle may be cited as the ‘‘Eradicating Nar24 cotic Drugs and Formulating Effective New Tools to Ad-
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1 dress National Yearly Losses of Life Act’’ or the ‘‘END 

2 FENTANYL Act’’. 

3 SEC. 11142. ENSURING TIMELY UPDATES TO U.S. CUSTOMS 

4 AND BORDER PROTECTION FIELD MANUALS. 

5 (a) IN GENERAL.—Not less frequently than tri6 ennially, the Commissioner of U.S. Customs and Border 

7 Protection shall review and update, as necessary, the cur8 rent policies and manuals of the Office of Field Operations 

9 related to inspections at ports of entry to ensure the uni10 form implementation of inspection practices that will ef11 fectively respond to technological and methodological 

12 changes designed to disguise illegal activity, such as the 

13 smuggling of drugs and humans, along the border. 

14 (b) REPORTING REQUIREMENT.—Shortly after each 

15 update required under subsection (a), the Commissioner 

16 of U.S. Customs and Border Protection shall submit a re17 port to the Committee on Homeland Security and Govern18 mental Affairs of the Senate and the Committee on Home19 land Security of the House of Representatives that sum20 marizes the policy and manual changes implemented by 

21 such update. 
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1 TITLE LXXI—IMPROVING LOB2 BYING DISCLOSURE RE3 QUIREMENTS 

4 Subtitle A—Lobbying Disclosure 

5 Improvement Act 

6 SEC. 11201. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Lobbying Disclo8 sure Improvement Act’’. 

9 SEC. 11202. REGISTRANT DISCLOSURE REGARDING FOR10 EIGN AGENT REGISTRATION EXEMPTION. 

11 Section 4(b) of the Lobbying Disclosure Act of 1995 

12 (2 U.S.C. 1603(b)) is amended— 

13 (1) in paragraph (6), by striking ‘‘; and’’ and 

14 inserting a semicolon; 

15 (2) in paragraph (7), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(8) a statement as to whether the registrant is 

19 exempt under section 3(h) of the Foreign Agents 

20 Registration Act of 1938, as amended (22 U.S.C. 

21 613(h)).’’. 
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1 Subtitle B—Disclosing Foreign 

2 Influence in Lobbying Act 

3 SEC. 11211. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Disclosing Foreign 

5 Influence in Lobbying Act’’. 

6 SEC. 11212. CLARIFICATION OF CONTENTS OF REGISTRA7 TION. 

8 Section 4(b) of the Lobbying Disclosure Act of 1995 

9 (2 U.S.C. 1603(b)), as amended by section 11202 of this 

10 title, is amended— 

11 (1) in paragraph (8), as added by section 

12 11202 of this title, by striking the period at the end 

13 and inserting ‘‘; and’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(9) notwithstanding paragraph (4), the name 

16 and address of each government of a foreign country 

17 (including any agency or subdivision of a govern18 ment of a foreign country, such as a regional or mu19 nicipal unit of government) and foreign political 

20 party, other than the client, that participates in the 

21 direction, planning, supervision, or control of any 

22 lobbying activities of the registrant.’’. 
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1 TITLE LXXII—PROTECTING OUR 

2 DOMESTIC WORKFORCE AND 

3 SUPPLY CHAIN 

4 Subtitle A—Government-wide 

5 Study Relating to High-security 

6 Leased Space 

7 SEC. 11301. GOVERNMENT-WIDE STUDY. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of General Serv11 ices. 

12 (2) BENEFICIAL OWNER.— 

13 (A) IN GENERAL.—The term ‘‘beneficial 

14 owner’’, with respect to a covered entity, means 

15 each natural person who, directly or indirectly, 

16 through any contract, arrangement, under17 standing, relationship, or otherwise— 

18 (i) exercises substantial control over 

19 the covered entity; or 

20 (ii) owns or controls not less than 25 

21 percent of the ownership interests of, or 

22 receives substantial economic benefits from 

23 the assets of, the covered entity. 
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1 (B) EXCLUSIONS.—The term ‘‘beneficial 

2 owner’’, with respect to a covered entity, does 

3 not include— 

4 (i) a minor; 

5 (ii) a person acting as a nominee, 

6 intermediary, custodian, or agent on behalf 

7 of another person; 

8 (iii) a person acting solely as an em9 ployee of the covered entity and whose con10 trol over or economic benefits from the 

11 covered entity derives solely from the em12 ployment status of the person; 

13 (iv) a person whose only interest in 

14 the covered entity is through a right of in15 heritance, unless the person also meets the 

16 requirements of subparagraph (A); or 

17 (v) a creditor of the covered entity, 

18 unless the creditor also meets the require19 ments of subparagraph (A). 

20 (C) ANTI-ABUSE RULE.—The exclusions 

21 under subparagraph (B) shall not apply if, in 

22 the determination of the Administrator, an ex23 clusion is used for the purpose of evading, cir24 cumventing, or abusing the requirements of this 

25 Act. 
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1 (3) CONTROL.—The term ‘‘control’’, with re2 spect to a covered entity, means— 

3 (A) having the authority or ability to de4 termine how the covered entity is utilized; or 

5 (B) having some decisionmaking power for 

6 the use of the covered entity. 

7 (4) COVERED ENTITY.—The term ‘‘covered en8 tity’’ means— 

9 (A) a person, corporation, company, busi10 ness association, partnership, society, trust, or 

11 any other nongovernmental entity, organization, 

12 or group; or 

13 (B) any governmental entity or instrumen14 tality of a government. 

15 (5) EXECUTIVE AGENCY.—The term ‘‘Executive 

16 agency’’ has the meaning given the term in section 

17 105 of title 5, United States Code. 

18 (6) FEDERAL AGENCY.—The term ‘‘Federal 

19 agency’’ means— 

20 (A) an Executive agency; and 

21 (B) any establishment in the legislative or 

22 judicial branch of the Federal Government. 

23 (7) FEDERAL LESSEE.— 

24 (A) IN GENERAL.—The term ‘‘Federal les25 see’’ means— 
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1 (i) the Administrator; 

2 (ii) the Architect of the Capitol; and 

3 (iii) the head of any other Federal 

4 agency that has independent statutory 

5 leasing authority. 

6 (B) EXCLUSIONS.—The term ‘‘Federal les7 see’’ does not include— 

8 (i) the head of an element of the intel9 ligence community; or 

10 (ii) the Secretary of Defense. 

11 (8) FEDERAL TENANT.— 

12 (A) IN GENERAL.—The term ‘‘Federal ten13 ant’’ means a Federal agency that is occupying 

14 or will occupy a high-security leased space for 

15 which a lease agreement has been secured on 

16 behalf of the Federal agency. 

17 (B) EXCLUSION.—The term ‘‘Federal ten18 ant’’ does not include an element of the intel19 ligence community. 

20 (9) FOREIGN ENTITY.—The term ‘‘foreign enti21 ty’’ means— 

22 (A) a corporation, company, business asso23 ciation, partnership, society, trust, or any other 

24 nongovernmental entity, organization, or group 
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1 that is headquartered in or organized under the 

2 laws of— 

3 (i) a country that is not the United 

4 States; or 

5 (ii) a State, unit of local government, 

6 or Indian Tribe that is not located within 

7 or a territory of the United States; or 

8 (B) a government or governmental instru9 mentality that is not— 

10 (i) the United States Government; or 

11 (ii) a State, unit of local government, 

12 or Indian Tribe that is located within or a 

13 territory of the United States. 

14 (10) FOREIGN PERSON.—The term ‘‘foreign 

15 person’’ means an individual who is not a United 

16 States person. 

17 (11) HIGH-SECURITY LEASED ADJACENT

18 SPACE.—The term ‘‘high-security leased adjacent 

19 space’’ means a building or office space that shares 

20 a boundary with or surrounds a high-security leased 

21 space. 

22 (12) HIGH-SECURITY LEASED SPACE.—The 

23 term ‘‘high-security leased space’’ means a space 

24 leased by a Federal lessee that— 
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1 (A) will be occupied by Federal employees 

2 for nonmilitary activities; and 

3 (B) has a facility security level of III, IV, 

4 or V, as determined by the Federal tenant in 

5 consultation with the Interagency Security 

6 Committee, the Secretary of Homeland Secu7 rity, and the Administrator. 

8 (13) HIGHEST-LEVEL OWNER.—The term 

9 ‘‘highest-level owner’’ means an entity that owns or 

10 controls— 

11 (A) an immediate owner of the offeror of 

12 a lease for a high-security leased adjacent 

13 space; or 

14 (B) 1 or more entities that control an im15 mediate owner of the offeror of a lease de16 scribed in subparagraph (A). 

17 (14) IMMEDIATE OWNER.—The term ‘‘imme18 diate owner’’ means an entity, other than the offeror 

19 of a lease for a high-security leased adjacent space, 

20 that has direct control of that offeror, including— 

21 (A) ownership or interlocking management; 

22 (B) identity of interests among family 

23 members; 

24 (C) shared facilities and equipment; and 

25 (D) the common use of employees. 
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1 (15) INTELLIGENCE COMMUNITY.—The term 

2 ‘‘intelligence community’’ has the meaning given the 

3 term in section 3 of the National Security Act of 

4 1947 (50 U.S.C. 3003). 

5 (16) SUBSTANTIAL ECONOMIC BENEFITS.—The 

6 term ‘‘substantial economic benefits’’, with respect 

7 to a natural person described in paragraph 

8 (2)(A)(ii), means having an entitlement to the funds 

9 or assets of a covered entity that, as a practical mat10 ter, enables the person, directly or indirectly, to con11 trol, manage, or direct the covered entity. 

12 (17) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ means an individual who— 

14 (A) is a citizen of the United States; or 

15 (B) is an alien lawfully admitted for per16 manent residence in the United States. 

17 (b) GOVERNMENT-WIDE STUDY.— 

18 (1) COORDINATION STUDY.—The Adminis19 trator, in coordination with the Director of the Fed20 eral Protective Service, the Secretary of Homeland 

21 Security, the Director of the Office of Management 

22 and Budget, and any other relevant entities, as de23 termined by the Administrator, shall carry out a 

24 Government-wide study examining options to assist 

25 agencies (as defined in section 551 of title 5, United 
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1 States Code) to produce a security assessment proc2 ess for high-security leased adjacent space before en3 tering into a lease or novation agreement with a cov4 ered entity for the purposes of accommodating a 

5 Federal tenant located in a high-security leased 

6 space. 

7 (2) CONTENTS.—The study required under 

8 paragraph (1)— 

9 (A) shall evaluate how to produce a secu10 rity assessment process that includes a process 

11 for assessing the threat level of each occupancy 

12 of a high-security leased adjacent space, includ13 ing through— 

14 (i) site-visits; 

15 (ii) interviews; and 

16 (iii) any other relevant activities de17 termined necessary by the Director of the 

18 Federal Protective Service; and 

19 (B) may include a process for collecting 

20 and using information on each immediate 

21 owner, highest-level owner, or beneficial owner 

22 of a covered entity that seeks to enter into a 

23 lease with a Federal lessee for a high-security 

24 leased adjacent space, including— 

25 (i) name; 
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1 (ii) current residential or business 

2 street address; and 

3 (iii) an identifying number or docu4 ment that verifies identity as a United 

5 States person, a foreign person, or a for6 eign entity. 

7 (3) WORKING GROUP.— 

8 (A) IN GENERAL.—Not later than 90 days 

9 after the date of enactment of this Act, the Ad10 ministrator, in coordination with the Director of 

11 Federal Protective Service, the Secretary of 

12 Homeland Security, the Director of the Office 

13 of Management and Budget, and any other rel14 evant entities, as determined by the Adminis15 trator, shall establish a working group to assist 

16 in the carrying out of the study required under 

17 paragraph (1). 

18 (B) NO COMPENSATION.—A member of the 

19 working group established under subparagraph 

20 (A) shall receive no compensation as a result of 

21 serving on the working group. 

22 (C) SUNSET.—The working group estab23 lished under subparagraph (A) shall terminate 

24 on the date on which the report required under 

25 paragraph (6) is submitted. 
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1 (4) PROTECTION OF INFORMATION.—The Ad2 ministrator shall ensure that any information col3 lected pursuant to the study required under para4 graph (1) shall not be made available to the public. 

5 (5) LIMITATION.—Nothing in this subsection 

6 requires an entity located in the United States to 

7 provide information requested pursuant to the study 

8 required under paragraph (1). 

9 (6) REPORT.—Not later than 2 years after the 

10 date of enactment of this Act, the Administrator, in 

11 coordination with the Director of Federal Protective 

12 Service, the Secretary of Homeland Security, the Di13 rector of the Office of Management and Budget, and 

14 any other relevant entities, as determined by the Ad15 ministrator, shall submit to the Committee on 

16 Homeland Security and Governmental Affairs of the 

17 Senate and the Committee on Transportation and 

18 Infrastructure of the House of Representatives a re19 port describing— 

20 (A) the results of the study required under 

21 paragraph (1); and 

22 (B) how all applicable privacy laws and 

23 rights relating to the First and Fourth Amend24 ments to the Constitution of the United States 

25 would be upheld and followed in— 
2221 

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1 (i) the security assessment process de2 scribed in subparagraph (A) of paragraph 

3 (2); and 

4 (ii) the information collection process 

5 described in subparagraph (B) of that 

6 paragraph. 

7 (7) LIMITATION.—Nothing in this subsection 

8 authorizes a Federal entity to mandate information 

9 gathering unless specifically authorized by law. 

10 (8) PROHIBITION.—No information collected 

11 pursuant the security assessment process described 

12 in paragraph (2)(A) may be used for law enforce13 ment purposes. 

14 (9) NO ADDITIONAL FUNDING.—No additional 

15 funds are authorized to be appropriated to carry out 

16 this subsection. 

17 Subtitle B—Intergovernmental 

18 Critical Minerals Task Force 

19 SEC. 11311. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Intergovernmental 

21 Critical Minerals Task Force Act’’. 

22 SEC. 11312. FINDINGS. 

23 Congress finds that— 
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1 (1) current supply chains of critical minerals 

2 pose a great risk to the national security of the 

3 United States; 

4 (2) critical minerals are necessary for transpor5 tation, technology, renewable energy, military equip6 ment and machinery, and other relevant sectors cru7 cial for the homeland and national security of the 

8 United States; 

9 (3) in 2022, the United States was 100 percent 

10 import reliant for 12 out of 50 critical minerals and 

11 more than 50 percent import reliant for an addi12 tional 31 critical mineral commodities classified as 

13 ‘‘critical’’ by the United States Geological Survey, 

14 and the People’s Republic of China was the top pro15 ducing nation for 30 of those 50 critical minerals; 

16 (4) as of July, 2023, companies based in the 

17 People’s Republic of China that extract critical min18 erals around the world have received hundreds of 

19 charges of human rights violations; 

20 (5) on March 26, 2014, the World Trade Orga21 nization ruled that the export restraints by the Peo22 ple’s Republic of China on rare earth metals violated 

23 obligations under the protocol of accession to the 

24 World Trade Organization, which harmed manufac25 turers and workers in the United States; and 
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†S 2226 ES

1 (6) the President has yet to submit to Congress 

2 the plans and recommendations that were due on the 

3 December 27, 2022, deadline under section 5(a) of 

4 the National Materials and Minerals Policy, Re5 search and Development Act of 1980 (30 U.S.C. 

6 1604(a)), which are intended to support a coherent 

7 national mineral and materials policy, including 

8 through intergovernmental and interagency coordi9 nation. 

10 SEC. 11313. INTERGOVERNMENTAL CRITICAL MINERALS 

11 TASK FORCE. 

12 (a) IN GENERAL.—Section 5 of the National Mate13 rials and Minerals Policy, Research and Development Act 

14 of 1980 (30 U.S.C. 1604) is amended by adding at the 

15 end the following: 

16 ‘‘(g) INTERGOVERNMENTAL CRITICAL MINERALS

17 TASK FORCE.— 

18 ‘‘(1) PURPOSES.—The purposes of the task 

19 force established under paragraph (3)(B) are— 

20 ‘‘(A) to assess the reliance of the United 

21 States on the People’s Republic of China, and 

22 other covered countries, for critical minerals, 

23 and the resulting national security risks associ24 ated with that reliance, at each level of the Fed-
2224 

†S 2226 ES

1 eral Government, Indian Tribes, and State, 

2 local, and territorial governments; 

3 ‘‘(B) to make recommendations to the 

4 President for the implementation of this Act 

5 with regard to critical minerals, including— 

6 ‘‘(i) the congressional declarations of 

7 policies in section 3; and 

8 ‘‘(ii) revisions to the program plan of 

9 the President and the initiatives required 

10 under this section; 

11 ‘‘(C) to make recommendations to secure 

12 United States and global supply chains for crit13 ical minerals; 

14 ‘‘(D) to make recommendations to reduce 

15 the reliance of the United States, and partners 

16 and allies of the United States, on critical min17 eral supply chains involving covered countries; 

18 and 

19 ‘‘(E) to facilitate cooperation, coordination, 

20 and mutual accountability among each level of 

21 the Federal Government, Indian Tribes, and 

22 State, local, and territorial governments, on a 

23 holistic response to the dependence on covered 

24 countries for critical minerals across the United 

25 States. 
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†S 2226 ES

1 ‘‘(2) DEFINITIONS.—In this subsection: 

2 ‘‘(A) APPROPRIATE COMMITTEES OF CON3 GRESS.—The term ‘appropriate committees of 

4 Congress’ means— 

5 ‘‘(i) the Committees on Homeland Se6 curity and Governmental Affairs, Energy 

7 and Natural Resources, Armed Services, 

8 Environment and Public Works, Com9 merce, Science, and Transportation, Fi10 nance, and Foreign Relations of the Sen11 ate; and 

12 ‘‘(ii) the Committees on Oversight and 

13 Accountability, Natural Resources, Armed 

14 Services, Ways and Means, and Foreign 

15 Affairs of the House of Representatives. 

16 ‘‘(B) CHAIR.—The term ‘Chair’ means a 

17 member of the Executive Office of the Presi18 dent, designated by the President pursuant to 

19 paragraph (3)(A). 

20 ‘‘(C) COVERED COUNTRY.—The term ‘cov21 ered country’ means— 

22 ‘‘(i) a covered nation (as defined in 

23 section 4872(d) of title 10, United States 

24 Code); and 
2226 

†S 2226 ES

1 ‘‘(ii) any other country determined by 

2 the task force to be a geostrategic compet3 itor or adversary of the United States with 

4 respect to critical minerals. 

5 ‘‘(D) CRITICAL MINERAL.—The term ‘crit6 ical mineral’ has the meaning given the term in 

7 section 7002(a) of the Energy Act of 2020 (30 

8 U.S.C. 1606(a)). 

9 ‘‘(E) INDIAN TRIBE.—The term ‘Indian 

10 Tribe’ has the meaning given the term in sec11 tion 4 of the Indian Self-Determination and 

12 Education Assistance Act (25 U.S.C. 5304). 

13 ‘‘(F) TASK FORCE.—The term ‘task force’ 

14 means the task force established under para15 graph (3)(B). 

16 ‘‘(3) ESTABLISHMENT.—Not later than 90 days 

17 after the date of enactment of this subsection, the 

18 President shall— 

19 ‘‘(A) designate a Chair for the task force; 

20 and 

21 ‘‘(B) acting through the Executive Office 

22 of the President, establish a task force. 

23 ‘‘(4) COMPOSITION; MEETINGS.— 

24 ‘‘(A) APPOINTMENT.—The Chair, in con25 sultation with key intergovernmental, private, 
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1 and public sector stakeholders, shall appoint to 

2 the task force representatives with expertise in 

3 critical mineral supply chains from Federal 

4 agencies, Indian Tribes, and State, local, and 

5 territorial governments, including not less than 

6 1 representative from each of— 

7 ‘‘(i) the Bureau of Indian Affairs; 

8 ‘‘(ii) the Bureau of Land Manage9 ment; 

10 ‘‘(iii) the Critical Minerals Sub11 committee of the National Science and 

12 Technology Council; 

13 ‘‘(iv) the Department of Agriculture; 

14 ‘‘(v) the Department of Commerce; 

15 ‘‘(vi) the Department of Defense; 

16 ‘‘(vii) the Department of Energy; 

17 ‘‘(viii) the Department of Homeland 

18 Security; 

19 ‘‘(ix) the Department of the Interior; 

20 ‘‘(x) the Department of Labor; 

21 ‘‘(xi) the Department of State; 

22 ‘‘(xii) the Department of Transpor23 tation; 

24 ‘‘(xiii) the Environmental Protection 

25 Agency; 
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†S 2226 ES

1 ‘‘(xiv) the Export-Import Bank of the 

2 United States; 

3 ‘‘(xv) the Forest Service; 

4 ‘‘(xvi) the General Services Adminis5 tration; 

6 ‘‘(xvii) the National Science Founda7 tion; 

8 ‘‘(xviii) the Office of the United 

9 States Trade Representative; 

10 ‘‘(xix) the United States International 

11 Development Finance Corporation; 

12 ‘‘(xx) the United States Geological 

13 Survey; and 

14 ‘‘(xxi) any other relevant Federal enti15 ty, as determined by the Chair. 

16 ‘‘(B) CONSULTATION.—The task force 

17 shall consult individuals with expertise in crit18 ical mineral supply chains, individuals from 

19 States whose communities, businesses, and in20 dustries are involved in aspects of critical min21 eral supply chains, including mining and proc22 essing operations, and individuals from a di23 verse and balanced cross-section of— 

24 ‘‘(i) intergovernmental consultees, in25 cluding— 
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†S 2226 ES

1 ‘‘(I) State governments; 

2 ‘‘(II) local governments; 

3 ‘‘(III) territorial governments; 

4 and 

5 ‘‘(IV) Indian Tribes; and 

6 ‘‘(ii) other stakeholders, including— 

7 ‘‘(I) academic research institu8 tions; 

9 ‘‘(II) corporations; 

10 ‘‘(III) nonprofit organizations; 

11 ‘‘(IV) private sector stakeholders; 

12 ‘‘(V) trade associations; 

13 ‘‘(VI) mining industry stake14 holders; and 

15 ‘‘(VII) labor representatives. 

16 ‘‘(C) MEETINGS.— 

17 ‘‘(i) INITIAL MEETING.—Not later 

18 than 90 days after the date on which all 

19 representatives of the task force have been 

20 appointed, the task force shall hold the 

21 first meeting of the task force. 

22 ‘‘(ii) FREQUENCY.—The task force 

23 shall meet not less than once every 90 

24 days. 

25 ‘‘(5) DUTIES.— 
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†S 2226 ES

1 ‘‘(A) IN GENERAL.—The duties of the task 

2 force shall include— 

3 ‘‘(i) facilitating cooperation, coordina4 tion, and mutual accountability for the 

5 Federal Government, Indian Tribes, and 

6 State, local, and territorial governments to 

7 enhance data sharing and transparency to 

8 build more robust and secure domestic 

9 supply chains for critical minerals in sup10 port of the purposes described in para11 graph (1); 

12 ‘‘(ii) providing recommendations with 

13 respect to— 

14 ‘‘(I) increasing capacities for 

15 mining, processing, refinement, reuse, 

16 and recycling of critical minerals in 

17 the United States to facilitate the en18 vironmentally responsible production 

19 of domestic resources to meet national 

20 critical mineral needs, in consultation 

21 with Tribal and local communities; 

22 ‘‘(II) identifying how statutes, 

23 regulations, and policies related to the 

24 critical mineral supply chain, such as 

25 stockpiling and development finance, 
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†S 2226 ES

1 could be modified to accelerate envi2 ronmentally responsible domestic and 

3 international production of critical 

4 minerals, in consultation with Indian 

5 Tribes and local communities; 

6 ‘‘(III) strengthening the domestic 

7 workforce to support growing critical 

8 mineral supply chains with good-pay9 ing, safe jobs in the United States; 

10 ‘‘(IV) identifying alternative do11 mestic and global sources to critical 

12 minerals that the United States cur13 rently relies on the People’s Republic 

14 of China or other covered countries 

15 for mining, processing, refining, and 

16 recycling, including the availability, 

17 cost, and quality of those domestic al18 ternatives; 

19 ‘‘(V) identifying critical minerals 

20 and critical mineral supply chains that 

21 the United States can onshore, at a 

22 competitive availability, cost, and 

23 quality, for those minerals and supply 

24 chains that the United States relies 
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†S 2226 ES

1 on the People’s Republic of China or 

2 other covered countries to provide; 

3 ‘‘(VI) opportunities for the Fed4 eral Government, Indian Tribes, and 

5 State, local, and territorial govern6 ments to mitigate risks to the national 

7 security of the United States with re8 spect to supply chains for critical min9 erals that the United States currently 

10 relies on the People’s Republic of 

11 China or other covered countries for 

12 mining, processing, refining, and recy13 cling; and 

14 ‘‘(VII) evaluating and integrating 

15 the recommendations of the Critical 

16 Minerals Subcommittee of the Na17 tional Science and Technology Council 

18 into the recommendations of the task 

19 force. 

20 ‘‘(iii) prioritizing the recommendations 

21 in clause (ii), taking into consideration eco22 nomic costs and focusing on the critical 

23 mineral supply chains with vulnerabilities 

24 posing the most significant risks to the na25 tional security of the United States; 
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†S 2226 ES

1 ‘‘(iv) recommending specific strate2 gies, to be carried out in coordination with 

3 the Secretary of State and the Secretary of 

4 Commerce, to strengthen international 

5 partnerships in furtherance of critical min6 erals supply chain security with inter7 national allies and partners, including a 

8 strategy to collaborate with governments of 

9 the allies and partners described in sub10 paragraph (B) to develop advanced mining, 

11 refining, separation and processing tech12 nologies; and 

13 ‘‘(v) other duties, as determined by 

14 the Chair. 

15 ‘‘(B) ALLIES AND PARTNERS.—The allies 

16 and partners referred to subparagraph (A) in17 clude— 

18 ‘‘(i) countries participating in the 

19 Quadrilateral Security Dialogue; 

20 ‘‘(ii) countries that are— 

21 ‘‘(I) signatories to the Abraham 

22 Accords; or 

23 ‘‘(II) participants in the Negev 

24 Forum; 
2234 

†S 2226 ES

1 ‘‘(iii) countries that are members of 

2 the North Atlantic Treaty Organization; 

3 and 

4 ‘‘(iv) other countries or multilateral 

5 partnerships the task force determines to 

6 be appropriate. 

7 ‘‘(C) REPORT.—The Chair shall— 

8 ‘‘(i) not later than 60 days after the 

9 date of enactment of this subsection, and 

10 every 60 days thereafter until the require11 ments under subsection (a) are satisfied, 

12 brief the appropriate committees of Con13 gress on the status of the compliance of 

14 the President with completing the require15 ments under that subsection. 

16 ‘‘(ii) not later than 2 years after the 

17 date of enactment of this Act, submit to 

18 the appropriate committees of Congress a 

19 report, which shall be submitted in unclas20 sified form, but may include a classified 

21 annex, that describes any findings, guide22 lines, and recommendations created in per23 forming the duties under subparagraph 

24 (A); 
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†S 2226 ES

1 ‘‘(iii) not later than 120 days after 

2 the date on which the Chair submits the 

3 report under clause (ii), publish that report 

4 in the Federal Register and on the website 

5 of the Office of Management and Budget, 

6 except that the Chair shall redact informa7 tion from the report that the Chair deter8 mines could pose a risk to the national se9 curity of the United States by being pub10 licly available; and 

11 ‘‘(iv) brief the appropriate committees 

12 of Congress twice per year. 

13 ‘‘(6) SUNSET.—The task force shall terminate 

14 on the date that is 90 days after the date on which 

15 the task force completes the requirements under 

16 paragraph (5)(C).’’. 

17 (b) GAO STUDY.— 

18 (1) DEFINITION OF CRITICAL MINERALS.—In 

19 this subsection, the term ‘‘critical mineral’’ has the 

20 meaning given the term in section 7002(a) of the 

21 Energy Act of 2020 (30 U.S.C. 1606(a)). 

22 (2) STUDY REQUIRED.—The Comptroller Gen23 eral of the United States shall conduct a study ex24 amining the Federal and State regulatory landscape 
2236 

†S 2226 ES

1 related to improving domestic supply chains for crit2 ical minerals in the United States. 

3 (3) REPORT.—Not later than 18 months after 

4 the date of enactment of this Act, the Comptroller 

5 General of the United States shall submit to the ap6 propriate committees of Congress a report that de7 scribes the results of the study under paragraph (2). 

8 Subtitle C—Customs Trade Part9 nership Against Terrorism Pilot 

10 Program Act of 2023 

11 SEC. 11321. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Customs Trade 

13 Partnership Against Terrorism Pilot Program Act of 

14 2023’’ or the ‘‘CTPAT Pilot Program Act of 2023’’. 

15 SEC. 11322. DEFINITIONS. 

16 In this subtitle: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means— 

20 (A) the Committee on Homeland Security 

21 and Governmental Affairs and the Committee 

22 on Finance of the Senate; and 

23 (B) the Committee on Homeland Security 

24 and the Committee on Ways and Means of the 

25 House of Representatives. 
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†S 2226 ES

1 (2) CTPAT.—The term ‘‘CTPAT’’ means the 

2 Customs Trade Partnership Against Terrorism es3 tablished under subtitle B of title II of the Security 

4 and Accountability for Every Port Act (6 U.S.C. 

5 961 et seq.). 

6 SEC. 11323. PILOT PROGRAM ON PARTICIPATION OF THIRD7 PARTY LOGISTICS PROVIDERS IN CTPAT. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—The Secretary of Homeland 

10 Security shall carry out a pilot program to assess 

11 whether allowing entities described in subsection (b) 

12 to participate in CTPAT would enhance port secu13 rity, combat terrorism, prevent supply chain security 

14 breaches, or otherwise meet the goals of CTPAT. 

15 (2) FEDERAL REGISTER NOTICE.—Not later 

16 than one year after the date of the enactment of this 

17 Act, the Secretary shall publish in the Federal Reg18 ister a notice specifying the requirements for the 

19 pilot program required by paragraph (1). 

20 (b) ENTITIES DESCRIBED.—An entity described in 

21 this subsection is— 

22 (1) a non-asset-based third-party logistics pro23 vider that— 
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†S 2226 ES

1 (A) arranges international transportation 

2 of freight and is licensed by the Department of 

3 Transportation; and 

4 (B) meets such other requirements as the 

5 Secretary specifies in the Federal Register no6 tice required by subsection (a)(2); or 

7 (2) an asset-based third-party logistics provider 

8 that— 

9 (A) facilitates cross border activity and is 

10 licensed or bonded by the Federal Maritime 

11 Commission, the Transportation Security Ad12 ministration, U.S. Customs and Border Protec13 tion, or the Department of Transportation; 

14 (B) manages and executes logistics services 

15 using its own warehousing assets and resources 

16 on behalf of its customers; and 

17 (C) meets such other requirements as the 

18 Secretary specifies in the Federal Register no19 tice required by subsection (a)(2). 

20 (c) REQUIREMENTS.—In carrying out the pilot pro21 gram required by subsection (a)(1), the Secretary shall— 

22 (1) ensure that— 

23 (A) not more than 10 entities described in 

24 paragraph (1) of subsection (b) participate in 

25 the pilot program; and 
2239 

†S 2226 ES

1 (B) not more than 10 entities described in 

2 paragraph (2) of that subsection participate in 

3 the program; 

4 (2) provide for the participation of those enti5 ties on a voluntary basis; 

6 (3) continue the program for a period of not 

7 less than one year after the date on which the Sec8 retary publishes the Federal Register notice required 

9 by subsection (a)(2); and 

10 (4) terminate the pilot program not more than 

11 5 years after that date. 

12 (d) REPORT REQUIRED.—Not later than 180 days 

13 after the termination of the pilot program under sub14 section (c)(4), the Secretary shall submit to the appro15 priate congressional committees a report on the findings 

16 of, and any recommendations arising from, the pilot pro17 gram concerning the participation in CTPAT of entities 

18 described in subsection (b), including an assessment of 

19 participation by those entities. 

20 SEC. 11324. REPORT ON EFFECTIVENESS OF CTPAT. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of the enactment of this Act, the Comptroller General 

23 of the United States shall submit to the appropriate con24 gressional committees a report assessing the effectiveness 

25 of CTPAT. 
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†S 2226 ES

1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) An analysis of— 

4 (A) security incidents in the cargo supply 

5 chain during the 5-year period preceding sub6 mission of the report that involved criminal ac7 tivity, including drug trafficking, human smug8 gling, commercial fraud, or terrorist activity; 

9 and 

10 (B) whether those incidents involved par11 ticipants in CTPAT or entities not participating 

12 in CTPAT. 

13 (2) An analysis of causes for the suspension or 

14 removal of entities from participating in CTPAT as 

15 a result of security incidents during that 5-year pe16 riod. 

17 (3) An analysis of the number of active CTPAT 

18 participants involved in one or more security inci19 dents while maintaining their status as participants. 

20 (4) Recommendations to the Commissioner of 

21 U.S. Customs and Border Protection for improve22 ments to CTPAT to improve prevention of security 

23 incidents in the cargo supply chain involving partici24 pants in CTPAT. 
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1 SEC. 11325. NO ADDITIONAL FUNDS AUTHORIZED. 

2 No additional funds are authorized to be appro3 priated for the purpose of carrying out this subtitle. 

4 Subtitle D—Military Spouse 

5 Employment Act 

6 SEC. 11331. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Military Spouse 

8 Employment Act’’. 

9 SEC. 11332. APPOINTMENT OF MILITARY SPOUSES. 

10 Section 3330d of title 5, United States Code, is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) by redesignating paragraph (3) as 

14 paragraph (4); 

15 (B) by inserting after paragraph (2) the 

16 following: 

17 ‘‘(3) The term ‘remote work’ refers to a par18 ticular type of telework under which an employee is 

19 not expected to report to an officially established 

20 agency location on a regular and recurring basis.’’; 

21 and 

22 (C) by adding at the end the following: 

23 ‘‘(5) The term ‘telework’ has the meaning given 

24 the term in section 6501.’’; 

25 (2) in subsection (b)— 
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†S 2226 ES

1 (A) in paragraph (1), by striking ‘‘or’’ at 

2 the end; 

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(3) a spouse of a member of the Armed Forces 

7 on active duty, or a spouse of a disabled or deceased 

8 member of the Armed Forces, to a position in which 

9 the spouse will engage in remote work.’’; and 

10 (3) in subsection (c)(1), by striking ‘‘subsection 

11 (a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 

12 SEC. 11333. GAO STUDY AND REPORT. 

13 (a) DEFINITIONS.—In this section— 

14 (1) the terms ‘‘agency’’ means an agency de15 scribed in paragraph (1) or (2) of section 901(b) of 

16 title 31, United States Code; 

17 (2) the term ‘‘employee’’ means an employee of 

18 an agency; 

19 (3) the term ‘‘remote work’’ means a particular 

20 type of telework under which an employee is not ex21 pected to report to an officially established agency 

22 location on a regular and recurring basis; and 

23 (4) the term ‘‘telework’’ means a work flexi24 bility arrangement under which an employee per25 forms the duties and responsibilities of such employ-
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†S 2226 ES

1 ee’s position, and other authorized activities, from 

2 an approved worksite other than the location from 

3 which the employee would otherwise work. 

4 (b) REQUIREMENT.—Not later than 18 months after 

5 the date of enactment of this Act, the Comptroller General 

6 of the United States shall conduct a study and publish 

7 a report regarding the use of remote work by agencies, 

8 which shall include a discussion of what is known regard9 ing— 

10 (1) the number of employees who are engaging 

11 in remote work; 

12 (2) the role of remote work in agency recruit13 ment and retention efforts; 

14 (3) the geographic location of employees who 

15 engage in remote work; 

16 (4) the effect that remote work has had on how 

17 often employees are reporting to officially established 

18 agency locations to perform the duties and respon19 sibilities of the positions of those employees and 

20 other authorized activities; and 

21 (5) how the use of remote work has affected 

22 Federal office space utilization and spending. 
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1 Subtitle E—Designation of Airports 

2 SEC. 11341. DESIGNATION OF ADDITIONAL PORT OF ENTRY 

3 FOR THE IMPORTATION AND EXPORTATION 

4 OF WILDLIFE AND WILDLIFE PRODUCTS BY 

5 THE UNITED STATES FISH AND WILDLIFE 

6 SERVICE. 

7 (a) IN GENERAL.—Subject to appropriations and in 

8 accordance with subsection (b), the Director of the United 

9 States Fish and Wildlife Service shall designate 1 addi10 tional port as a ‘‘port of entry designated for the importa11 tion and exportation of wildlife and wildlife products’’ 

12 under section 14.12 of title 50, Code of Federal Regula13 tions. 

14 (b) CRITERIA FOR SELECTING ADDITIONAL DES15 IGNATED PORT.—The Director shall select the additional 

16 port to be designated pursuant to subsection (a) from 

17 among the United States airports that handled more than 

18 8,000,000,000 pounds of cargo during 2021, as reported 

19 by the Federal Aviation Administration Air Carrier Activ20 ity Information System, and based upon the analysis sub21 mitted to Congress by the Director pursuant to the Wild22 life Trafficking reporting directive under title I of Senate 

23 Report 114–281. 
2245 

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1 DIVISION M—INTELLIGENCE AU2 THORIZATION ACT FOR FIS3 CAL YEAR 2024 

4 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

5 (a) SHORT TITLE.—This division may be cited as the 

6 ‘‘Intelligence Authorization Act for Fiscal Year 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this division is as follows: 

DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 

YEAR 2024 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

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. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—General Intelligence Community Matters 

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. 
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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. 

Subtitle B—Central Intelligence Agency 

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. 

TITLE IV—MATTERS CONCERNING FOREIGN COUNTRIES 

Subtitle A—People’s Republic of China 

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. 

Subtitle B—Other Foreign Countries 

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. 

TITLE V—MATTERS PERTAINING TO UNITED STATES ECONOMIC 

AND EMERGING TECHNOLOGY COMPETITION WITH UNITED 

STATES ADVERSARIES 

Subtitle A—General Matters 

Sec. 501. Assignment of detailees from intelligence community to Department 

of Commerce. 

Subtitle B—Next-generation Energy, Biotechnology, and Artificial Intelligence 

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. 
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TITLE VI—WHISTLEBLOWER MATTERS 

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. 

TITLE VII—CLASSIFICATION REFORM 

Subtitle A—Classification Reform Act of 2023 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Classification and declassification of information. 

Sec. 704. Transparency officers. 

Subtitle B—Sensible Classification Act of 2023 

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. 

TITLE VIII—SECURITY CLEARANCE AND TRUSTED WORKFORCE 

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. 

TITLE IX—ANOMALOUS HEALTH INCIDENTS 

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. 

TITLE X—ELECTION SECURITY 
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Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. 

TITLE XI—OTHER MATTERS 

Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. 

Sec. 1102. Funding limitations relating to unidentified anomalous phenomena. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ has the meaning given such term in section 

6 3 of the National Security Act of 1947 (50 U.S.C. 

7 3003). 

8 (2) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 such term in such section. 

11 TITLE I—INTELLIGENCE 

12 ACTIVITIES 

13 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2024 for the conduct of the intelligence and 

16 intelligence-related activities of the Federal Government. 

17 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

18 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

19 authorized to be appropriated under section 101 for the 

20 conduct of the intelligence activities of the Federal Gov21 ernment are those specified in the classified Schedule of 

22 Authorizations prepared to accompany this division. 
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1 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU2 THORIZATIONS.— 

3 (1) AVAILABILITY.—The classified Schedule of 

4 Authorizations referred to in subsection (a) shall be 

5 made available to the Committee on Appropriations 

6 of the Senate, the Committee on Appropriations of 

7 the House of Representatives, and to the President. 

8 (2) DISTRIBUTION BY THE PRESIDENT.—Sub9 ject to paragraph (3), the President shall provide for 

10 suitable distribution of the classified Schedule of Au11 thorizations referred to in subsection (a), or of ap12 propriate portions of such Schedule, within the exec13 utive branch of the Federal Government. 

14 (3) LIMITS ON DISCLOSURE.—The President 

15 shall not publicly disclose the classified Schedule of 

16 Authorizations or any portion of such Schedule ex17 cept— 

18 (A) as provided in section 601(a) of the 

19 Implementing Recommendations of the 9/11 

20 Commission Act of 2007 (50 U.S.C. 3306(a)); 

21 (B) to the extent necessary to implement 

22 the budget; or 

23 (C) as otherwise required by law. 
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1 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC2 COUNT. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for the Intelligence Commu5 nity Management Account of the Director of National In6 telligence for fiscal year 2024 the sum of $658,950,000. 

7 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA8 TIONS.—In addition to amounts authorized to be appro9 priated for the Intelligence Community Management Ac10 count by subsection (a), there are authorized to be appro11 priated for the Intelligence Community Management Ac12 count for fiscal year 2024 such additional amounts as are 

13 specified in the classified Schedule of Authorizations re14 ferred to in section 102(a). 

15 SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND 

16 BENEFITS AUTHORIZED BY LAW. 

17 Appropriations authorized by this division for salary, 

18 pay, retirement, and other benefits for Federal employees 

19 may be increased by such additional or supplemental 

20 amounts as may be necessary for increases in such com21 pensation or benefits authorized by law. 
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 $514,000,000 for fiscal year 2024. 

9 TITLE III—INTELLIGENCE 

10 COMMUNITY MATTERS 

11 Subtitle A—General Intelligence 

12 Community Matters 

13 SEC. 301. PLAN TO RECRUIT, TRAIN, AND RETAIN PER14 SONNEL WITH EXPERIENCE IN FINANCIAL IN15 TELLIGENCE AND EMERGING TECH16 NOLOGIES. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, the Director of National 

19 Intelligence, in coordination with the heads of human cap20 ital of the Central Intelligence Agency, the National Secu21 rity Agency, and the Federal Bureau of Investigation, 

22 shall submit to the congressional intelligence committees, 

23 the Committee on Appropriations of the Senate, and the 

24 Committee on Appropriations of the House of Representa25 tives a plan for the intelligence community to recruit, 
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1 train, and retain personnel who have skills and experience 

2 in financial intelligence and emerging technologies in order 

3 to improve analytic tradecraft. 

4 (b) ELEMENTS.—The plan required by subsection (a) 

5 shall include the following elements: 

6 (1) An assessment, including measurable bench7 marks of progress, of current initiatives of the intel8 ligence community to recruit, train, and retain per9 sonnel who have skills and experience in financial in10 telligence and emerging technologies. 

11 (2) An assessment of whether personnel in the 

12 intelligence community who have such skills are cur13 rently well integrated into the analytical cadre of the 

14 relevant elements of the intelligence community that 

15 produce analyses with respect to financial intel16 ligence and emerging technologies. 

17 (3) An identification of challenges to hiring or 

18 compensation in the intelligence community that 

19 limit progress toward rapidly increasing the number 

20 of personnel with such skills, and an identification of 

21 hiring or other reforms to resolve such challenges. 

22 (4) A determination of whether the National In23 telligence University has the resources and expertise 

24 necessary to train existing personnel in financial in25 telligence and emerging technologies. 
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1 (5) A strategy, including measurable bench2 marks of progress, to, by January 1, 2025, increase 

3 by 10 percent the analytical cadre of personnel with 

4 expertise and previous employment in financial intel5 ligence and emerging technologies. 

6 SEC. 302. POLICY AND PERFORMANCE FRAMEWORK FOR 

7 MOBILITY OF INTELLIGENCE COMMUNITY 

8 WORKFORCE. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, the Director of National 

11 Intelligence shall, in coordination with the Secretary of 

12 Defense and the Director of the Office of Personnel Man13 agement as the Director of National Intelligence considers 

14 appropriate, develop and implement a policy and perform15 ance framework to ensure the timely and effective mobility 

16 of employees and contractors of the Federal Government 

17 who are transferring employment between elements of the 

18 intelligence community. 

19 (b) ELEMENTS.—The policy and performance frame20 work required by subsection (a) shall include processes 

21 with respect to the following: 

22 (1) Human resources. 

23 (2) Medical reviews. 

24 (3) Determinations of suitability or eligibility 

25 for access to classified information in accordance 
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1 with Executive Order 13467 (50 U.S.C. 3161 note; 

2 relating to reforming processes related to suitability 

3 for Government employment, fitness for contractor 

4 employees, and eligibility for access to classified na5 tional security information). 

6 SEC. 303. IN-STATE TUITION RATES FOR ACTIVE DUTY 

7 MEMBERS OF THE INTELLIGENCE COMMU8 NITY. 

9 (a) IN GENERAL.—Section 135(d) of the Higher 

10 Education Act of 1965 (20 U.S.C. 1015d(d)), as amended 

11 by section 6206(a)(4) of the Foreign Service Families Act 

12 of 2021 (Public Law 117–81), is further amended— 

13 (1) in paragraph (1), by striking ‘‘or’’ after the 

14 semicolon; 

15 (2) in paragraph (2), by striking the period at 

16 the end and inserting ‘‘; or’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(3) a member of the intelligence community 

20 (as defined in section 3 of the National Security Act 

21 of 1947 (50 U.S.C. 3003)) (other than a member of 

22 the Armed Forces of the United States) who is on 

23 active duty for a period of more than 30 days.’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 subsection (a) shall take effect at each public institution 
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1 of higher education in a State that receives assistance 

2 under the Higher Education Act of 1965 (20 U.S.C. 1001 

3 et seq.) for the first period of enrollment at such institu4 tion that begins after July 1, 2026. 

5 SEC. 304. STANDARDS, CRITERIA, AND GUIDANCE FOR 

6 COUNTERINTELLIGENCE VULNERABILITY AS7 SESSMENTS AND SURVEYS. 

8 Section 904(d)(7)(A) of the Counterintelligence En9 hancement Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is 

10 amended to read as follows: 

11 ‘‘(A) COUNTERINTELLIGENCE VULNER12 ABILITY ASSESSMENTS AND SURVEYS.—To de13 velop standards, criteria, and guidance for 

14 counterintelligence risk assessments and sur15 veys of the vulnerability of the United States to 

16 intelligence threats, including with respect to 

17 critical infrastructure and critical technologies, 

18 in order to identify the areas, programs, and 

19 activities that require protection from such 

20 threats.’’. 

21 SEC. 305. IMPROVING ADMINISTRATION OF CERTAIN POST22 EMPLOYMENT RESTRICTIONS FOR INTEL23 LIGENCE COMMUNITY. 

24 Section 304 of the National Security Act of 1947 (50 

25 U.S.C. 3073a) is amended— 
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1 (1) in subsection (c)(1)— 

2 (A) by striking ‘‘A former’’ and inserting 

3 the following: 

4 ‘‘(A) IN GENERAL.—A former’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(B) PRIOR DISCLOSURE TO DIRECTOR OF

7 NATIONAL INTELLIGENCE.— 

8 ‘‘(i) IN GENERAL.—In the case of a 

9 former employee who occupies a covered 

10 post-service position in violation of sub11 section (a), whether the former employee 

12 voluntarily notified the Director of Na13 tional Intelligence of the intent of the 

14 former employee to occupy such covered 

15 post-service position before occupying such 

16 post-service position may be used in deter17 mining whether the violation was knowing 

18 and willful for purposes of subparagraph 

19 (A). 

20 ‘‘(ii) PROCEDURES AND GUIDANCE.— 

21 The Director of National Intelligence may 

22 establish procedures and guidance relating 

23 to the submittal of notice for purposes of 

24 clause (i).’’; and 

25 (2) in subsection (d)— 
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1 (A) in paragraph (1), by inserting ‘‘the re2 strictions under subsection (a) and’’ before ‘‘the 

3 report requirements’’; 

4 (B) in paragraph (2), by striking ‘‘ceases 

5 to occupy’’ and inserting ‘‘occupies’’; and 

6 (C) in paragraph (3)(B), by striking ‘‘be7 fore the person ceases to occupy a covered intel8 ligence position’’ and inserting ‘‘when the per9 son occupies a covered intelligence position’’. 

10 SEC. 306. MISSION OF THE NATIONAL COUNTERINTEL11 LIGENCE AND SECURITY CENTER. 

12 (a) IN GENERAL.—Section 904 of the Counterintel13 ligence Enhancement Act of 2002 (50 U.S.C. 3383) is 

14 amended— 

15 (1) by redesignating subsections (d) through (i) 

16 as subsections (e) through (j), respectively; and 

17 (2) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) MISSION.—The mission of the National Coun20 terintelligence and Security Center shall include orga21 nizing and leading strategic planning for counterintel22 ligence activities of the United States Government by inte23 grating instruments of national power as needed to 

24 counter foreign intelligence activities.’’. 

25 (b) CONFORMING AMENDMENTS.— 
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1 (1) COUNTERINTELLIGENCE ENHANCEMENT

2 ACT OF 2002.—Section 904 of the Counterintel3 ligence Enhancement Act of 2002 (50 U.S.C. 3383) 

4 is amended— 

5 (A) in subsection (e), as redesignated by 

6 subsection (a)(1), by striking ‘‘Subject to sub7 section (e)’’ both places it appears and inserting 

8 ‘‘Subject to subsection (f)’’; and 

9 (B) in subsection (f), as so redesignated— 

10 (i) in paragraph (1), by striking ‘‘sub11 section (d)(1)’’ and inserting ‘‘subsection 

12 (e)(1)’’; and 

13 (ii) in paragraph (2), by striking 

14 ‘‘subsection (d)(2)’’ and inserting ‘‘sub15 section (e)(2)’’. 

16 (2) COUNTERINTELLIGENCE AND SECURITY EN17 HANCEMENTS ACT OF 1994.—Section 

18 811(d)(1)(B)(ii) of the Counterintelligence and Se19 curity Enhancements Act of 1994 (50 U.S.C. 

20 3381(d)(1)(B)(ii)) is amended by striking ‘‘section 

21 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))’’ and 

22 inserting ‘‘section 904(e)(2) of that Act (50 U.S.C. 

23 3383(e)(2))’’. 
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1 SEC. 307. PROHIBITION RELATING TO TRANSPORT OF INDI2 VIDUALS DETAINED AT UNITED STATES 

3 NAVAL STATION, GUANTANAMO BAY, CUBA. 

4 (a) DEFINITION OF INDIVIDUAL DETAINED AT

5 GUANTANAMO.—In this section, the term ‘‘individual de6 tained at Guantanamo’’ has the meaning given that term 

7 in section 1034(f)(2) of the National Defense Authoriza8 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

9 Stat. 971; 10 U.S.C. 801 note). 

10 (b) PROHIBITION ON CHARTERING PRIVATE OR COM11 MERCIAL AIRCRAFT TO TRANSPORT INDIVIDUALS DE12 TAINED AT UNITED STATES NAVAL STATION, GUANTA13 NAMO BAY, CUBA.—No head of an element of the intel14 ligence community may charter any private or commercial 

15 aircraft to transport an individual who is or was an indi16 vidual detained at Guantanamo. 

17 SEC. 308. DEPARTMENT OF ENERGY SCIENCE AND TECH18 NOLOGY RISK ASSESSMENTS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) COUNTRY OF RISK.— 

21 (A) IN GENERAL.—The term ‘‘country of 

22 risk’’ means a foreign country determined by 

23 the Secretary, in accordance with subparagraph 

24 (B), to present a risk of theft of United States 

25 intellectual property or a threat to the national 

26 security of the United States if nationals of the 
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1 country, or entities owned or controlled by the 

2 country or nationals of the country, participate 

3 in any research, development, demonstration, or 

4 deployment activity authorized under this Act 

5 or an amendment made by this Act. 

6 (B) DETERMINATION.—In making a deter7 mination under subparagraph (A), the Sec8 retary, in coordination with the Director of the 

9 Office of Intelligence and Counterintelligence, 

10 shall take into consideration— 

11 (i) the most recent World Wide 

12 Threat Assessment of the United States 

13 Intelligence Community, prepared by the 

14 Director of National Intelligence; and 

15 (ii) the most recent National Counter16 intelligence Strategy of the United States. 

17 (2) COVERED SUPPORT.—The term ‘‘covered 

18 support’’ means any grant, contract, subcontract, 

19 award, loan, program, support, or other activity au20 thorized under this Act or an amendment made by 

21 this Act. 

22 (3) ENTITY OF CONCERN.—The term ‘‘entity of 

23 concern’’ means any entity, including a national, 

24 that is— 
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1 (A) identified under section 1237(b) of the 

2 Strom Thurmond National Defense Authoriza3 tion Act for Fiscal Year 1999 (50 U.S.C. 1701 

4 note; Public Law 105–261); 

5 (B) identified under section 1260H of the 

6 William M. (Mac) Thornberry National Defense 

7 Authorization Act for Fiscal Year 2021 (10 

8 U.S.C. 113 note; Public Law 116–283); 

9 (C) on the Entity List maintained by the 

10 Bureau of Industry and Security of the Depart11 ment of Commerce and set forth in Supplement 

12 No. 4 to part 744 of title 15, Code of Federal 

13 Regulations; 

14 (D) included in the list required by section 

15 9(b)(3) of the Uyghur Human Rights Policy 

16 Act of 2020 (Public Law 116–145; 134 Stat. 

17 656); or 

18 (E) identified by the Secretary, in coordi19 nation with the Director of the Office of Intel20 ligence and Counterintelligence and the applica21 ble office that would provide, or is providing, 

22 covered support, as posing an unmanageable 

23 threat— 

24 (i) to the national security of the 

25 United States; or 
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1 (ii) of theft or loss of United States 

2 intellectual property. 

3 (4) NATIONAL.—The term ‘‘national’’ has the 

4 meaning given the term in section 101 of the Immi5 gration and Nationality Act (8 U.S.C. 1101). 

6 (5) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Energy. 

8 (b) SCIENCE AND TECHNOLOGY RISK ASSESS9 MENT.— 

10 (1) IN GENERAL.—The Secretary shall develop 

11 and maintain tools and processes to manage and 

12 mitigate research security risks, such as a science 

13 and technology risk matrix, informed by threats 

14 identified by the Director of the Office of Intel15 ligence and Counterintelligence, to facilitate deter16 minations of the risk of loss of United States intel17 lectual property or threat to the national security of 

18 the United States posed by activities carried out 

19 under any covered support. 

20 (2) CONTENT AND IMPLEMENTATION.—In de21 veloping and using the tools and processes developed 

22 under paragraph (1), the Secretary shall— 

23 (A) deploy risk-based approaches to evalu24 ating, awarding, and managing certain re25 search, development, demonstration, and de-
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1 ployment activities, including designations that 

2 will indicate the relative risk of activities; 

3 (B) assess, to the extent practicable, ongo4 ing high-risk activities; 

5 (C) designate an officer or employee of the 

6 Department of Energy to be responsible for 

7 tracking and notifying recipients of any covered 

8 support of unmanageable threats to United 

9 States national security or of theft or loss of 

10 United States intellectual property posed by an 

11 entity of concern; 

12 (D) consider requiring recipients of covered 

13 support to implement additional research secu14 rity mitigations for higher-risk activities if ap15 propriate; and 

16 (E) support the development of research 

17 security training for recipients of covered sup18 port on the risks posed by entities of concern. 

19 (3) ANNUAL UPDATES.—The tools and proc20 esses developed under paragraph (1) shall be evalu21 ated annually and updated as needed, with threat22 informed input from the Office of Intelligence and 

23 Counterintelligence, to reflect changes in the risk 

24 designation under paragraph (2)(A) of research, de-
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1 velopment, demonstration, and deployment activities 

2 conducted by the Department of Energy. 

3 (c) ENTITY OF CONCERN.— 

4 (1) PROHIBITION.—Except as provided in para5 graph (2), no entity of concern, or individual that 

6 owns or controls, is owned or controlled by, or is 

7 under common ownership or control with an entity 

8 of concern, may receive, or perform work under, any 

9 covered support. 

10 (2) WAIVER OF PROHIBITION.— 

11 (A) IN GENERAL.—The Secretary may 

12 waive the prohibition under paragraph (1) if de13 termined by the Secretary to be in the national 

14 interest. 

15 (B) NOTIFICATION TO CONGRESS.—Not 

16 less than 2 weeks prior to issuing a waiver 

17 under subparagraph (A), the Secretary shall no18 tify Congress of the intent to issue the waiver, 

19 including a justification for the waiver. 

20 (3) PENALTY.— 

21 (A) TERMINATION OF SUPPORT.—On find22 ing that any entity of concern or individual de23 scribed in paragraph (1) has received covered 

24 support and has not received a waiver under 

25 paragraph (2), the Secretary shall terminate all 
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1 covered support to that entity of concern or in2 dividual, as applicable. 

3 (B) PENALTIES.—An entity of concern or 

4 individual identified under subparagraph (A) 

5 shall be— 

6 (i) prohibited from receiving or par7 ticipating in covered support for a period 

8 of not less than 1 year but not more than 

9 10 years, as determined by the Secretary; 

10 or 

11 (ii) instead of the penalty described in 

12 clause (i), subject to any other penalties 

13 authorized under applicable law or regula14 tions that the Secretary determines to be 

15 in the national interest. 

16 (C) NOTIFICATION TO CONGRESS.—Prior 

17 to imposing a penalty under subparagraph (B), 

18 the Secretary shall notify Congress of the intent 

19 to impose the penalty, including a description of 

20 and justification for the penalty. 

21 (4) COORDINATION.—The Secretary shall— 

22 (A) share information about the unman23 ageable threats described in subsection 

24 (a)(3)(E) with other Federal agencies; and 
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1 (B) develop consistent approaches to iden2 tifying entities of concern. 

3 (d) INTERNATIONAL AGREEMENTS.—This section 

4 shall be applied in a manner consistent with the obliga5 tions of the United States under international agreements. 

6 (e) REPORT REQUIRED.—Not later than 240 days 

7 after the date of enactment of this Act, the Secretary shall 

8 submit to Congress a report that— 

9 (1) describes— 

10 (A) the tools and processes developed 

11 under subsection (b)(1) and any updates to 

12 those tools and processes; and 

13 (B) if applicable, the science and tech14 nology risk matrix developed under that sub15 section and how that matrix has been applied; 

16 (2) includes a mitigation plan for managing 

17 risks posed by countries of risk with respect to fu18 ture or ongoing research and development activities 

19 of the Department of Energy; and 

20 (3) defines critical research areas, designated 

21 by risk, as determined by the Secretary. 

22 SEC. 309. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE 

23 COMMUNITY RISK ASSESSMENTS. 

24 (a) RISK ASSESSMENT DOCUMENTS AND MATE25 RIALS.—Except as provided in subsection (b), whenever 
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1 an element of the intelligence community conducts a risk 

2 assessment arising from the mishandling or improper dis3 closure of classified information, the Director of National 

4 Intelligence shall, not later than 30 days after the date 

5 of the commencement of such risk assessment— 

6 (1) submit to the congressional intelligence 

7 committees copies of such documents and materials 

8 as are— 

9 (A) within the jurisdiction of such commit10 tees; and 

11 (B) subject to the risk assessment; and 

12 (2) provide such committees a briefing on such 

13 documents, materials, and risk assessment. 

14 (b) EXCEPTION.—If the Director determines, with re15 spect to a risk assessment described in subsection (a), that 

16 the documents and other materials otherwise subject to 

17 paragraph (1) of such subsection (a) are of such a volume 

18 that submittal pursuant to such paragraph would be im19 practicable, the Director shall— 

20 (1) in lieu of submitting copies of such docu21 ments and materials, submit a log of such docu22 ments and materials; and 

23 (2) pursuant to a request by the Select Com24 mittee on Intelligence of the Senate or the Perma25 nent Select Committee on Intelligence of the House 
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1 of Representatives for a copy of a document or ma2 terial included in such log, submit to such committee 

3 such copy. 

4 SEC. 310. INSPECTOR GENERAL REVIEW OF DISSEMINA5 TION BY FEDERAL BUREAU OF INVESTIGA6 TION RICHMOND, VIRGINIA, FIELD OFFICE 

7 OF CERTAIN DOCUMENT. 

8 (a) REVIEW REQUIRED.—Not later than 120 days 

9 after the date of the enactment of this Act, the Inspector 

10 General of the Department of Justice shall conduct a re11 view of the actions and events, including any underlying 

12 policy direction, that served as a basis for the January 

13 23, 2023, dissemination by the field office of the Federal 

14 Bureau of Investigation located in Richmond, Virginia, of 

15 a document titled ‘‘Interest of Racially or Ethnically Moti16 vated Violent Extremists in Radical-Traditionalist Catho17 lic Ideology Almost Certainly Presents New Mitigation 

18 Opportunities.’’. 

19 (b) SUBMITTAL TO CONGRESS.—The Inspector Gen20 eral of the Department of Justice shall submit the findings 

21 of the Inspector General with respect to the review re22 quired by subsection (a) to the following: 

23 (1) The congressional intelligence committees. 

24 (2) The Committee on the Judiciary, Com25 mittee on Homeland Security and Governmental Af-
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1 fairs, and the Committee on Appropriations of the 

2 Senate. 

3 (3) The Committee on the Judiciary, the Com4 mittee on Oversight and Accountability, and the 

5 Committee on Appropriations of the House of Rep6 resentatives. 

7 SEC. 311. OFFICE OF INTELLIGENCE AND ANALYSIS. 

8 Section 201 of the Homeland Security Act of 2002 

9 (6 U.S.C. 121) is amended by adding at the end the fol10 lowing: 

11 ‘‘(h) PROHIBITION.— 

12 ‘‘(1) DEFINITION.—In this subsection, the term 

13 ‘United States person’ means a United States cit14 izen, an alien known by the Office of Intelligence 

15 and Analysis to be a permanent resident alien, an 

16 unincorporated association substantially composed of 

17 United States citizens or permanent resident aliens, 

18 or a corporation incorporated in the United States, 

19 except for a corporation directed and controlled by 

20 1 or more foreign governments. 

21 ‘‘(2) COLLECTION OF INFORMATION FROM

22 UNITED STATES PERSONS.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding any 

24 other provision of law, the Office of Intelligence 

25 and Analysis may not engage in the collection 
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1 of information or intelligence targeting any 

2 United States person except as provided in sub3 paragraph (B). 

4 ‘‘(B) EXCEPTION.—Subparagraph (A) 

5 shall not apply to any employee, officer, or con6 tractor of the Office of Intelligence and Anal7 ysis who is responsible for collecting informa8 tion from individuals working for a State, local, 

9 or Tribal territory government or a private em10 ployer.’’. 

11 Subtitle B—Central Intelligence 

12 Agency 

13 SEC. 321. CHANGE TO PENALTIES AND INCREASED AVAIL14 ABILITY OF MENTAL HEALTH TREATMENT 

15 FOR UNLAWFUL CONDUCT ON CENTRAL IN16 TELLIGENCE AGENCY INSTALLATIONS. 

17 Section 15(b) of the Central Intelligence Agency Act 

18 of 1949 (50 U.S.C. 3515(b)) is amended, in the second 

19 sentence, by striking ‘‘those specified in section 1315(c)(2) 

20 of title 40, United States Code’’ and inserting ‘‘the max21 imum penalty authorized for a Class B misdemeanor 

22 under section 3559 of title 18, United States Code’’. 
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1 SEC. 322. MODIFICATIONS TO PROCUREMENT AUTHORI2 TIES OF THE CENTRAL INTELLIGENCE AGEN3 CY. 

4 Section 3 of the Central Intelligence Agency Act of 

5 1949 (50 U.S.C. 3503) is amended— 

6 (1) in subsection (a), by striking ‘‘sections’’ and 

7 all that follows through ‘‘session)’’ and inserting 

8 ‘‘sections 3201, 3203, 3204, 3206, 3207, 3302 

9 through 3306, 3321 through 3323, 3801 through 

10 3808, 3069, 3134, 3841, and 4752 of title 10, 

11 United States Code’’ and 

12 (2) in subsection (d), by striking ‘‘in para13 graphs’’ and all that follows through ‘‘1947’’ and in14 serting ‘‘in sections 3201 through 3204 of title 10, 

15 United States Code, shall not be delegable. Each de16 termination or decision required by sections 3201 

17 through 3204, 3321 through 3323, and 3841 of title 

18 10, United States Code’’. 

19 SEC. 323. ESTABLISHMENT OF CENTRAL INTELLIGENCE 

20 AGENCY STANDARD WORKPLACE SEXUAL 

21 MISCONDUCT COMPLAINT INVESTIGATION 

22 PROCEDURE. 

23 (a) WORKPLACE SEXUAL MISCONDUCT DEFINED.— 

24 The term ‘‘workplace sexual misconduct’’— 
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1 (1) means unwelcome sexual advances, requests 

2 for sexual favors, and other verbal or physical con3 duct of a sexual nature when— 

4 (A) submission to such conduct is made ei5 ther explicitly or implicitly a term or condition 

6 of an individual’s employment; 

7 (B) submission to or rejection of such con8 duct by an individual is used as the basis for 

9 employment decisions affecting such individual; 

10 or 

11 (C) such conduct has the purpose or effect 

12 of unreasonably interfering with an individual’s 

13 work performance or creating an intimidating, 

14 hostile, or offensive working environment; and 

15 (2) includes sexual harassment and sexual as16 sault. 

17 (b) STANDARD COMPLAINT INVESTIGATION PROCE18 DURE.—Not later than 90 days after the date of the en19 actment of this Act, the Director of the Central Intel20 ligence Agency shall— 

21 (1) establish a standard workplace sexual mis22 conduct complaint investigation procedure; 

23 (2) implement the standard workplace sexual 

24 misconduct complaint investigation procedure 
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1 through clear workforce communication and edu2 cation on the procedure; and 

3 (3) submit the standard workplace sexual mis4 conduct complaint investigation procedure to the 

5 congressional intelligence committees. 

6 (c) MINIMUM REQUIREMENTS.—The procedure es7 tablished pursuant to subsection (b)(1) shall, at a min8 imum— 

9 (1) identify the individuals and offices of the 

10 Central Intelligence Agency to which an employee of 

11 the Agency may bring a complaint of workplace sex12 ual misconduct; 

13 (2) detail the steps each individual or office 

14 identified pursuant to paragraph (1) shall take upon 

15 receipt of a complaint of workplace sexual mis16 conduct and the timeframes within which those steps 

17 shall be taken, including— 

18 (A) documentation of the complaint; 

19 (B) referral or notification to another indi20 vidual or office; 

21 (C) measures to document or preserve wit22 ness statements or other evidence; and 

23 (D) preliminary investigation of the com24 plaint; 
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1 (3) set forth standard criteria for determining 

2 whether a complaint of workplace sexual misconduct 

3 will be referred to law enforcement and the time4 frame within which such a referral shall occur; and 

5 (4) for any complaint not referred to law en6 forcement, set forth standard criteria for deter7 mining— 

8 (A) whether a complaint has been substan9 tiated; and 

10 (B) for any substantiated complaint, the 

11 appropriate disciplinary action. 

12 (d) ANNUAL REPORTS.—On or before April 30 of 

13 each year, the Director shall submit to the congressional 

14 intelligence committees, the Subcommittee on Defense of 

15 the Committee on Appropriations of the Senate, and the 

16 Subcommittee on Defense of the Committee on Appropria17 tions of the House of Representatives an annual report 

18 that includes, for the preceding calendar year, the fol19 lowing: 

20 (1) The number of workplace sexual misconduct 

21 complaints brought to each individual or office of the 

22 Central Intelligence Agency identified pursuant to 

23 subsection (c)(1), disaggregated by— 

24 (A) complaints referred to law enforce25 ment; and 
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1 (B) complaints substantiated. 

2 (2) For each complaint described in paragraph 

3 (1) that is substantiated, a description of the dis4 ciplinary action taken by the Director. 

5 TITLE IV—MATTERS CON6 CERNING FOREIGN COUN7 TRIES 

8 Subtitle A—People’s Republic of 

9 China 

10 SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR 

11 ACCOUNTABILITY OF ATROCITIES OF THE 

12 PEOPLE’S REPUBLIC OF CHINA. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ATROCITY.—The term ‘‘atrocity’’ means a 

15 crime against humanity, genocide, or a war crime. 

16 (2) FOREIGN PERSON.—The term ‘‘foreign per17 son’’ means— 

18 (A) any person or entity that is not a 

19 United States person; or 

20 (B) any entity not organized under the 

21 laws of the United States or of any jurisdiction 

22 within the United States. 

23 (3) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ has the meaning given that 
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1 term in section 105A(c) of the National Security Act 

2 of 1947 (50 U.S.C. 3039). 

3 (b) INTELLIGENCE COMMUNITY COORDINATOR FOR

4 ACCOUNTABILITY OF ATROCITIES OF THE PEOPLE’S RE5 PUBLIC OF CHINA.— 

6 (1) DESIGNATION.—Not later than 90 days 

7 after the date of the enactment of this Act, the Di8 rector of National Intelligence shall designate a sen9 ior official of the Office of the Director of National 

10 Intelligence to serve as the intelligence community 

11 coordinator for accountability of atrocities of the 

12 People’s Republic of China (in this section referred 

13 to as the ‘‘Coordinator’’). 

14 (2) DUTIES.—The Coordinator shall lead the 

15 efforts of and coordinate and collaborate with the in16 telligence community with respect to the following: 

17 (A) Identifying and addressing any gaps in 

18 intelligence collection relating to atrocities of 

19 the People’s Republic of China, including by 

20 recommending the modification of the priorities 

21 of the intelligence community with respect to 

22 intelligence collection and by utilizing informal 

23 processes and collaborative mechanisms with 

24 key elements of the intelligence community to 
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1 increase collection on atrocities of the People’s 

2 Republic of China. 

3 (B) Prioritizing and expanding the intel4 ligence analysis with respect to ongoing atroc5 ities of the People’s Republic of China and dis6 seminating within the United States Govern7 ment intelligence relating to the identification 

8 and activities of foreign persons suspected of 

9 being involved with or providing support to 

10 atrocities of the People’s Republic of China, in11 cluding genocide and forced labor practices in 

12 Xinjiang, in order to support the efforts of 

13 other Federal agencies, including the Depart14 ment of State, the Department of Justice, the 

15 Department of the Treasury, the Office of For16 eign Assets Control, the Department of Com17 merce, the Bureau of Industry and Security, 

18 U.S. Customs and Border Protection, and the 

19 National Security Council, to hold the People’s 

20 Republic of China accountable for such atroc21 ities. 

22 (C) Increasing efforts to declassify and 

23 share with the people of the United States and 

24 the international community information re25 garding atrocities of the People’s Republic of 
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1 China in order to expose such atrocities and 

2 counter the disinformation and misinformation 

3 campaign by the People’s Republic of China to 

4 deny such atrocities. 

5 (D) Documenting and storing intelligence 

6 and other unclassified information that may be 

7 relevant to preserve as evidence of atrocities of 

8 the People’s Republic of China for future ac9 countability, and ensuring that other relevant 

10 Federal agencies receive appropriate support 

11 from the intelligence community with respect to 

12 the collection, analysis, preservation, and, as 

13 appropriate, dissemination, of intelligence re14 lated to atrocities of the People’s Republic of 

15 China, which may include the information from 

16 the annual report required by section 6504 of 

17 the Intelligence Authorization Act for Fiscal 

18 Year 2023 (Public Law 117–263). 

19 (E) Sharing information with the Forced 

20 Labor Enforcement Task Force, established 

21 under section 741 of the United States-Mexico22 Canada Agreement Implementation Act (19 

23 U.S.C. 4681), the Department of Commerce, 

24 and the Department of the Treasury for the 

25 purposes of entity listings and sanctions. 
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1 (3) PLAN REQUIRED.—Not later than 120 days 

2 after the date of the enactment of this Act, the Di3 rector shall submit to the appropriate committees of 

4 Congress— 

5 (A) the name of the official designated as 

6 the Coordinator pursuant to paragraph (1); and 

7 (B) the strategy of the intelligence commu8 nity for the collection and dissemination of in9 telligence relating to ongoing atrocities of the 

10 People’s Republic of China, including a detailed 

11 description of how the Coordinator shall sup12 port, and assist in facilitating the implementa13 tion of, such strategy. 

14 (4) ANNUAL REPORT TO CONGRESS.— 

15 (A) REPORTS REQUIRED.—Not later than 

16 May 1, 2024, and annually thereafter until May 

17 1, 2034, the Director shall submit to Congress 

18 a report detailing, for the year covered by the 

19 report— 

20 (i) the analytical findings, changes in 

21 collection, and other activities of the intel22 ligence community with respect to ongoing 

23 atrocities of the People’s Republic of 

24 China; 
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1 (ii) the recipients of information 

2 shared pursuant to this section for the 

3 purpose of— 

4 (I) providing support to Federal 

5 agencies to hold the People’s Republic 

6 of China accountable for such atroc7 ities; and 

8 (II) sharing information with the 

9 people of the United States to counter 

10 the disinformation and misinformation 

11 campaign by the People’s Republic of 

12 China to deny such atrocities; and 

13 (iii) with respect to clause (ii), the 

14 date of any such sharing. 

15 (B) FORM.—Each report submitted under 

16 subparagraph (A) may be submitted in classi17 fied form, consistent with the protection of in18 telligence sources and methods. 

19 (c) SUNSET.—This section shall cease to have effect 

20 on the date that is 10 years after the date of the enact21 ment of this Act. 

22 SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON 

23 THE MALIGN EFFORTS OF THE PEOPLE’S RE24 PUBLIC OF CHINA IN AFRICA. 

25 (a) ESTABLISHMENT.— 
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1 (1) IN GENERAL.—The Director of National In2 telligence, in consultation with such heads of ele3 ments of the intelligence community as the Director 

4 considers appropriate, shall establish an interagency 

5 working group within the intelligence community to 

6 analyze the tactics and capabilities of the People’s 

7 Republic of China in Africa. 

8 (2) ESTABLISHMENT FLEXIBILITY.—The work9 ing group established under paragraph (1) may be— 

10 (A) independently established; or 

11 (B) to avoid redundancy, incorporated into 

12 existing working groups or cross-intelligence ef13 forts within the intelligence community. 

14 (b) REPORT.— 

15 (1) DEFINITION OF APPROPRIATE COMMITTEES

16 OF CONGRESS.—In this subsection, the term ‘‘appro17 priate committees of Congress’’ means— 

18 (A) the congressional intelligence commit19 tees; 

20 (B) the Committee on Foreign Relations 

21 and the Subcommittee on Defense of the Com22 mittee on Appropriations of the Senate; and 

23 (C) the Committee on Foreign Affairs and 

24 the Subcommittee on Defense of the Committee 
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1 on Appropriations of the House of Representa2 tives. 

3 (2) IN GENERAL.—Not later than 120 days 

4 after the date of the enactment of this Act, and 

5 twice annually thereafter, the working group estab6 lished under subsection (a) shall submit to the ap7 propriate committees of Congress a report on the 

8 specific tactics and capabilities of the People’s Re9 public of China in Africa. 

10 (3) ELEMENTS.—Each report required by para11 graph (2) shall include the following elements: 

12 (A) An assessment of efforts by the Gov13 ernment of the People’s Republic of China to 

14 exploit mining and reprocessing operations in 

15 Africa. 

16 (B) An assessment of efforts by the Gov17 ernment of the People’s Republic of China to 

18 provide or fund technologies in Africa, includ19 ing— 

20 (i) telecommunications and energy 

21 technologies, such as advanced reactors, 

22 transportation, and other commercial prod23 ucts; and 
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1 (ii) by requiring that the People’s Re2 public of China be the sole provider of such 

3 technologies. 

4 (C) An assessment of efforts by the Gov5 ernment of the People’s Republic of China to 

6 expand intelligence capabilities in Africa. 

7 (D) A description of actions taken by the 

8 intelligence community to counter such efforts. 

9 (E) An assessment of additional resources 

10 needed by the intelligence community to better 

11 counter such efforts. 

12 (4) FORM.—Each report required by paragraph 

13 (2) shall be submitted in unclassified form, but may 

14 include a classified annex if necessary. 

15 (c) SUNSET.—The requirements of this section shall 

16 terminate on the date that is 5 years after the date of 

17 the enactment of this Act. 

18 SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL AS19 SESSMENT BY INTELLIGENCE COMMUNITY 

20 WORKING GROUP FOR MONITORING THE 

21 ECONOMIC AND TECHNOLOGICAL CAPABILI22 TIES OF THE PEOPLE’S REPUBLIC OF CHINA. 

23 Section 6503(c)(3)(D) of the Intelligence Authoriza24 tion Act for Fiscal Year 2023 (division F of Public Law 
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1 117–263) is amended by striking ‘‘the top 200’’ and in2 serting ‘‘all the known’’. 

3 SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELA4 TIONSHIP BETWEEN THE UNITED STATES 

5 AND THE PEOPLE’S REPUBLIC OF CHINA. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of the enactment of this Act, the Assistant Secretary 

8 of State for Intelligence and Research, in consultation 

9 with the Director of National Intelligence and such other 

10 heads of elements of the intelligence community as the As11 sistant Secretary considers relevant, shall submit to Con12 gress the following: 

13 (1) A comprehensive assessment that identifies 

14 critical areas in the security, diplomatic, economic, 

15 financial, technological, scientific, commercial, aca16 demic, and cultural spheres in which the United 

17 States does not enjoy a reciprocal relationship with 

18 the People’s Republic of China. 

19 (2) A comprehensive assessment that describes 

20 how the lack of reciprocity between the People’s Re21 public of China and the United States in the areas 

22 identified in the assessment required by paragraph 

23 (1) provides advantages to the People’s Republic of 

24 China. 

25 (b) FORM OF ASSESSMENTS.— 
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1 (1) CRITICAL AREAS.—The assessment required 

2 by subsection (a)(1) shall be submitted in unclassi3 fied form. 

4 (2) ADVANTAGES.—The assessment required by 

5 subsection (a)(2) shall be submitted in classified 

6 form. 

7 SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMU8 NITY EFFORTS TO IDENTIFY AND MITIGATE 

9 CHINESE COMMUNIST PARTY AND RUSSIAN 

10 FOREIGN MALIGN INFLUENCE OPERATIONS 

11 AGAINST THE UNITED STATES. 

12 (a) DEFINITIONS.—In this section: 

13 (1) CHINESE ENTITIES ENGAGED IN FOREIGN

14 MALIGN INFLUENCE OPERATIONS.—The term 

15 ‘‘hinese entities engaged in foreign malign influence 

16 operations’’ means all of the elements of the Govern17 ment of the People’s Republic of China and the Chi18 nese Communist Party involved in foreign malign in19 fluence, such as— 

20 (A) the Ministry of State Security; 

21 (B) other security services of the People’s 

22 Republic of China; 

23 (C) the intelligence services of the People’s 

24 Republic of China; 
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1 (D) the United Front Work Department 

2 and other united front organs; 

3 (E) state-controlled media systems, such as 

4 the China Global Television Network (CGTN); 

5 and 

6 (F) any entity involved in foreign malign 

7 influence operations that demonstrably and in8 tentionally disseminate false information and 

9 propaganda of the Government of the People’s 

10 Republic of China or the Chinese Communist 

11 Party. 

12 (2) RUSSIAN MALIGN INFLUENCE ACTORS.— 

13 The term ‘‘Russian malign influence actors’’ refers 

14 to entities or individuals engaged in foreign malign 

15 influence operations against the United States who 

16 are affiliated with— 

17 (A) the intelligence and security services of 

18 the Russian Federation 

19 (B) the Presidential Administration; 

20 (C) any other entity of the Government of 

21 the Russian Federation; or 

22 (D) Russian mercenary or proxy groups 

23 such as the Wagner Group. 

24 (3) FOREIGN MALIGN INFLUENCE OPER25 ATION.—The term ‘‘foreign malign influence oper-
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1 ation’’ means a coordinated and often concealed ac2 tivity that is covered by the definition of the term 

3 ‘‘foreign malign influence’’ in section 119C of the 

4 National Security Act of 1947 (50 U.S.C. 3059) and 

5 uses disinformation, press manipulation, economic 

6 coercion, targeted investments, corruption, or aca7 demic censorship, which are often intended— 

8 (A) to coerce and corrupt United States in9 terests, values, institutions, or individuals; and 

10 (B) to foster attitudes, behavior, decisions, 

11 or outcomes in the United States that support 

12 the interests of the Government of the People’s 

13 Republic of China or the Chinese Communist 

14 Party. 

15 (b) BRIEFING REQUIRED.—Not later than 120 days 

16 after the date of the enactment of this Act and annually 

17 thereafter until the date that is 5 years after the date of 

18 the enactment of this Act, the Director of the Foreign Ma19 lign Influence Center shall, in collaboration with the heads 

20 of the elements of the intelligence community, provide 

21 Congress a classified briefing on the ways in which the 

22 relevant elements of the intelligence community are work23 ing internally and coordinating across the intelligence 

24 community to identify and mitigate the actions of Chinese 

25 and Russian entities engaged in foreign malign influence 
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1 operations against the United States, including against 

2 United States persons. 

3 (c) ELEMENTS.—The classified briefing required by 

4 subsection (b) shall cover the following: 

5 (1) The Government of the Russian Federation, 

6 the Government of the People’s Republic of China, 

7 and the Chinese Communist Party tactics, tools, and 

8 entities that spread disinformation, misinformation, 

9 and malign information and conduct influence oper10 ations, information campaigns, or other propaganda 

11 efforts. 

12 (2) A description of ongoing foreign malign in13 fluence operations and campaigns of the Russian 

14 Federation against the United States and an assess15 ment of their objectives and effectiveness in meeting 

16 those objectives. 

17 (3) A description of ongoing foreign malign in18 fluence operations and campaigns of the People’s 

19 Republic of China against the United States and an 

20 assessment of their objectives and effectiveness in 

21 meeting those objectives. 

22 (4) A description of any cooperation, informa23 tion-sharing, amplification, or other coordination be24 tween the Russian Federation and the People’s Re25 public of China in developing or carrying out foreign 
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1 malign influence operations against the United 

2 States. 

3 (5) A description of front organizations, prox4 ies, cut-outs, aligned third-party countries, or orga5 nizations used by the Russian Federation or the 

6 People’s Republic of China to carry out foreign ma7 lign influence operations against the United States. 

8 (6) An assessment of the loopholes or 

9 vulnerabilities in United States law that Russia and 

10 the People’s Republic of China exploit to carry out 

11 foreign malign influence operations. 

12 (7) The actions of the Foreign Malign Influence 

13 Center, in coordination with the Global Engagement 

14 Center, relating to early-warning, information shar15 ing, and proactive risk mitigation systems, based on 

16 the list of entities identified in subsection (a)(1), to 

17 detect, expose, deter, and counter foreign malign in18 fluence operations of the Government of the People’s 

19 Republic of China or the Chinese Communist Party 

20 against the United States. 

21 (8) The actions of the Foreign Malign Influence 

22 Center to conduct outreach, to identify and counter 

23 tactics, tools, and entities described in paragraph (1) 

24 by sharing information with allies and partners of 

25 the United States, in coordination with the Global 
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1 Engagement Center, as well as State and local gov2 ernments, the business community, and civil society 

3 in order to expose the political influence operations 

4 and information operations of the Government of the 

5 Russian Federation and the Government of the Peo6 ple’s Republic of China or the Chinese Communist 

7 Party carried out against individuals and entities in 

8 the United States. 

9 SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED 

10 STATES PORTS BY CRANES MANUFACTURED 

11 BY COUNTRIES OF CONCERN. 

12 (a) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE COMMITTEES OF CON14 GRESS.—The term ‘‘appropriate committees of Con15 gress’’ means— 

16 (A) the congressional intelligence commit17 tees; 

18 (B) the Committee on Armed Services, the 

19 Committee on Homeland Security and Govern20 mental Affairs, the Committee on Banking, 

21 Housing, and Urban Affairs, and the Sub22 committee on Defense of the Committee on Ap23 propriations of the Senate; and 

24 (C) the Committee on Armed Services, the 

25 Committee on Oversight and Accountability, the 
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1 Committee on Financial Services, and the Sub2 committee on Defense of the Committee on Ap3 propriations of the House of Representatives. 

4 (2) COUNTRY OF CONCERN.—The term ‘‘coun5 try of concern’’ has the meaning given that term in 

6 section 1(m)(1) of the State Department Basic Au7 thorities Act of 1956 (22 U.S.C. 2651a(m)(1)). 

8 (b) ASSESSMENT.—The Director of National Intel9 ligence, in coordination with such other heads of the ele10 ments of the intelligence community as the Director con11 siders appropriate and the Secretary of Defense, shall con12 duct an assessment of the threat posed to United States 

13 ports by cranes manufactured by countries of concern and 

14 commercial entities of those countries, including the 

15 Shanghai Zhenhua Heavy Industries Co. (ZPMC). 

16 (c) REPORT AND BRIEFING.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, the Di19 rector of National Intelligence shall submit a report 

20 and provide a briefing to the appropriate committees 

21 of Congress on the findings of the assessment re22 quired by subsection (b). 

23 (2) ELEMENTS.—The report and briefing re24 quired by paragraph (1) shall outline the potential 

25 for the cranes described in subsection (b) to collect 
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1 intelligence, disrupt operations at United States 

2 ports, and impact the national security of the United 

3 States. 

4 (3) FORM OF REPORT.—The report required by 

5 paragraph (1) shall be submitted in unclassified 

6 form, but may include a classified annex. 

7 Subtitle B—Other Foreign 

8 Countries 

9 SEC. 411. REPORT ON EFFORTS TO CAPTURE AND DETAIN 

10 UNITED STATES CITIZENS AS HOSTAGES. 

11 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

12 CONGRESS.—In this section, the term ‘‘appropriate com13 mittees of Congress’’ means— 

14 (1) the congressional intelligence committees; 

15 (2) the Committee on Foreign Relations, the 

16 Committee on the Judiciary, and the Subcommittee 

17 on Defense of the Committee on Appropriations of 

18 the Senate; and 

19 (3) the Committee on Foreign Affairs, the 

20 Committee on the Judiciary, and the Subcommittee 

21 on Defense of the Committee on Appropriations of 

22 the House of Representatives. 

23 (b) IN GENERAL.—Not later than 120 days after the 

24 date of the enactment of this Act, the Director of National 

25 Intelligence shall submit to the appropriate committees of 
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1 Congress a report on efforts by the Maduro regime in Ven2 ezuela to detain United States citizens and lawful perma3 nent residents. 

4 (c) ELEMENTS.—The report required by subsection 

5 (b) shall include, regarding the arrest, capture, detain6 ment, or imprisonment of United States citizens and law7 ful permanent residents, the following: 

8 (1) The names, positions, and institutional af9 filiation of Venezuelan individuals, or those acting 

10 on their behalf, who have engaged in such activities. 

11 (2) A description of any role played by 

12 transnational criminal organizations, and an identi13 fication of such organizations. 

14 (3) Where relevant, an assessment of whether 

15 and how United States citizens and lawful perma16 nent residents have been lured to Venezuela. 

17 (4) An analysis of the motive for the arrest, 

18 capture, detainment, or imprisonment of United 

19 States citizens and lawful permanent residents. 

20 (5) The total number of United States citizens 

21 and lawful permanent residents detained or impris22 oned in Venezuela as of the date on which the report 

23 is submitted. 
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1 (d) FORM.—The report required by subsection (b) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 SEC. 412. SENSE OF CONGRESS ON PRIORITY OF FENTANYL 

5 IN NATIONAL INTELLIGENCE PRIORITIES 

6 FRAMEWORK. 

7 It is the sense of Congress that the trafficking of il8 licit fentanyl, including precursor chemicals and manufac9 turing equipment associated with illicit fentanyl produc10 tion and organizations that traffic or finance the traf11 ficking of illicit fentanyl, originating from the People’s Re12 public of China and Mexico should be among the highest 

13 priorities in the National Intelligence Priorities Frame14 work of the Office of the Director of National Intelligence. 
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1 TITLE V—MATTERS PERTAINING 

2 TO UNITED STATES ECO3 NOMIC AND EMERGING TECH4 NOLOGY COMPETITION WITH 

5 UNITED STATES ADVER6 SARIES 

7 Subtitle A—General Matters 

8 SEC. 501. ASSIGNMENT OF DETAILEES FROM INTEL9 LIGENCE COMMUNITY TO DEPARTMENT OF 

10 COMMERCE. 

11 (a) AUTHORITY.—In order to better facilitate the 

12 sharing of actionable intelligence on foreign adversary in13 tent, capabilities, threats, and operations that pose a 

14 threat to the interests or security of the United States, 

15 particularly as they relate to the procurement, develop16 ment, and use of dual-use and emerging technologies, the 

17 Director of National Intelligence may assign or facilitate 

18 the assignment of members from across the intelligence 

19 community to serve as detailees to the Bureau of Industry 

20 and Security of the Department of Commerce. 

21 (b) ASSIGNMENT.—Detailees assigned pursuant to 

22 subsection (a) shall be drawn from such elements of the 

23 intelligence community as the Director considers appro24 priate, in consultation with the Secretary of Commerce. 
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1 (c) EXPERTISE.—The Director shall ensure that 

2 detailees assigned pursuant to subsection (a) have subject 

3 matter expertise on countries of concern, including China, 

4 Iran, North Korea, and Russia, as well as functional areas 

5 such as illicit procurement, counterproliferation, emerging 

6 and foundational technology, economic and financial intel7 ligence, information and communications technology sys8 tems, supply chain vulnerability, and counterintelligence. 

9 (d) DUTY CREDIT.—The detail of an employee of the 

10 intelligence community to the Department of Commerce 

11 under subsection (a) shall be without interruption or loss 

12 of civil service status or privilege. 

13 Subtitle B—Next-generation En14 ergy, Biotechnology, and Artifi15 cial Intelligence 

16 SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC 

17 AND TECHNOLOGICAL CAPABILITIES OF THE 

18 PEOPLE’S REPUBLIC OF CHINA. 

19 Section 6503(c)(3) of the Intelligence Authorization 

20 Act for Fiscal Year 2023 (Public Law 117–263) is amend21 ed by adding at the end the following: 

22 ‘‘(I) A detailed assessment, prepared in 

23 consultation with all elements of the working 

24 group— 
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1 ‘‘(i) of the investments made by the 

2 People’s Republic of China in— 

3 ‘‘(I) artificial intelligence; 

4 ‘‘(II) next-generation energy 

5 technologies, especially small modular 

6 reactors and advanced batteries; and 

7 ‘‘(III) biotechnology; and 

8 ‘‘(ii) that identifies— 

9 ‘‘(I) competitive practices of the 

10 People’s Republic of China relating to 

11 the technologies described in clause 

12 (i); 

13 ‘‘(II) opportunities to counter the 

14 practices described in subclause (I); 

15 ‘‘(III) countries the People’s Re16 public of China is targeting for ex17 ports of civil nuclear technology; 

18 ‘‘(IV) countries best positioned to 

19 utilize civil nuclear technologies from 

20 the United States in order to facilitate 

21 the commercial export of those tech22 nologies; 

23 ‘‘(V) United States vulnerabilities 

24 in the supply chain of these tech25 nologies; and 
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1 ‘‘(VI) opportunities to counter 

2 the export by the People’s Republic of 

3 China of civil nuclear technologies 

4 globally. 

5 ‘‘(J) An identification and assessment of 

6 any unmet resource or authority needs of the 

7 working group that affect the ability of the 

8 working group to carry out this section.’’. 

9 SEC. 512. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY 

10 FOR INTELLIGENCE COMMUNITY CAPABILI11 TIES. 

12 (a) ASSESSMENT REQUIRED.—The Director of Na13 tional Intelligence shall, in consultation with the heads of 

14 such other elements of the intelligence community as the 

15 Director considers appropriate, conduct an assessment of 

16 capabilities identified by the Intelligence Community Con17 tinuity Program established pursuant to section E(3) of 

18 Intelligence Community Directive 118, or any successor 

19 directive, or such other intelligence community facilities 

20 or intelligence community capabilities as may be deter21 mined by the Director to be critical to United States na22 tional security, that have unique energy needs— 

23 (1) to ascertain the feasibility and advisability 

24 of using civil nuclear reactors to meet such needs; 

25 and 
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1 (2) to identify such additional resources, tech2 nologies, infrastructure, or authorities needed, or 

3 other potential obstacles, to commence use of a nu4 clear reactor to meet such needs. 

5 (b) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, the Director shall submit 

7 to the congressional intelligence committees, the Com8 mittee on Homeland Security and Governmental Affairs 

9 and the Committee on Appropriations of the Senate, and 

10 the Committee on Oversight and Accountability and the 

11 Committee on Appropriations of the House of Representa12 tives a report, which may be in classified form, on the find13 ings of the Director with respect to the assessment con14 ducted pursuant to subsection (a). 

15 SEC. 513. POLICIES ESTABLISHED BY DIRECTOR OF NA16 TIONAL INTELLIGENCE FOR ARTIFICIAL IN17 TELLIGENCE CAPABILITIES. 

18 (a) IN GENERAL.—Section 6702 of the Intelligence 

19 Authorization Act for Fiscal Year 2023 (50 U.S.C. 

20 3334m) is amended— 

21 (1) in subsection (a), in the matter preceding 

22 paragraph (1), by striking ‘‘subsection (b)’’ and in23 serting ‘‘subsection (c)’’; 

24 (2) by redesignating subsection (b) as sub25 section (c); and 
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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) POLICIES.— 

4 ‘‘(1) IN GENERAL.—In carrying out subsection 

5 (a)(1), not later than 1 year after the date of the 

6 enactment of the Intelligence Authorization Act for 

7 Fiscal Year 2024, the Director of National Intel8 ligence, in consultation with the heads of the ele9 ments of the intelligence community, the Director of 

10 the Office of Management and Budget, and such 

11 other officials as the Director of National Intel12 ligence determines appropriate, shall establish the 

13 policies described in paragraph (2). 

14 ‘‘(2) POLICIES DESCRIBED.—The policies de15 scribed in this paragraph are policies for the acquisi16 tion, adoption, development, use, coordination, and 

17 maintenance of artificial intelligence capabilities 

18 that— 

19 ‘‘(A) establish a lexicon relating to the use 

20 of machine learning and artificial intelligence 

21 developed or acquired by elements of the intel22 ligence community; 

23 ‘‘(B) establish guidelines for evaluating the 

24 performance of models developed or acquired by 
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1 elements of the intelligence community, such as 

2 by— 

3 ‘‘(i) specifying conditions for the con4 tinuous monitoring of artificial intelligence 

5 capabilities for performance, including the 

6 conditions for retraining or retiring models 

7 based on performance; 

8 ‘‘(ii) documenting performance objec9 tives, including specifying how performance 

10 objectives shall be developed and contrac11 tually enforced for capabilities procured 

12 from third parties; 

13 ‘‘(iii) specifying the manner in which 

14 models should be audited, as necessary, in15 cluding the types of documentation that 

16 should be provided to any auditor; and 

17 ‘‘(iv) specifying conditions under 

18 which models used by elements of the intel19 ligence community should be subject to 

20 testing and evaluation for vulnerabilities to 

21 techniques meant to undermine the avail22 ability, integrity, or privacy of an artificial 

23 intelligence capability; 

24 ‘‘(C) establish guidelines for tracking de25 pendencies in adjacent systems, capabilities, or 
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1 processes impacted by the retraining or 

2 sunsetting of any model described in subpara3 graph (B); 

4 ‘‘(D) establish documentation requirements 

5 for capabilities procured from third parties, 

6 aligning such requirements, as necessary, with 

7 existing documentation requirements applicable 

8 to capabilities developed by elements of the in9 telligence community; 

10 ‘‘(E) establish standards for the docu11 mentation of imputed, augmented, or synthetic 

12 data used to train any model developed, pro13 cured, or used by an element of the intelligence 

14 community; and 

15 ‘‘(F) provide guidance on the acquisition 

16 and usage of models that have previously been 

17 trained by a third party for subsequent modi18 fication and usage by such an element. 

19 ‘‘(3) POLICY REVIEW AND REVISION.—The Di20 rector of National Intelligence shall periodically re21 view and revise each policy established under para22 graph (1).’’. 

23 (b) CONFORMING AMENDMENT.—Section 6712(b)(1) 

24 of such Act (50 U.S.C. 3024 note) is amended by striking 

25 ‘‘section 6702(b)’’ and inserting ‘‘section 6702(c)’’. 
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1 TITLE VI—WHISTLEBLOWER 

2 MATTERS 

3 SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND 

4 INFORMATION BY WHISTLEBLOWERS IN THE 

5 INTELLIGENCE COMMUNITY. 

6 (a) AMENDMENTS TO CHAPTER 4 OF TITLE 5.— 

7 (1) APPOINTMENT OF SECURITY OFFICERS.— 

8 Section 416 of title 5, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(i) APPOINTMENT OF SECURITY OFFICERS.—Each 

11 Inspector General under this section, including the des12 ignees of the Inspector General of the Department of De13 fense pursuant to subsection (b)(3), shall appoint within 

14 their offices security officers to provide, on a permanent 

15 basis, confidential, security-related guidance and direction 

16 to employees and contractors described in subsection 

17 (b)(1) who intend to report to Congress complaints or in18 formation, so that such employees and contractors can ob19 tain direction on how to report to Congress in accordance 

20 with appropriate security practices.’’. 

21 (2) PROCEDURES.—Subsection (e) of such sec22 tion is amended— 

23 (A) in paragraph (1), by inserting ‘‘or any 

24 other committee of jurisdiction of the Senate or 
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1 the House of Representatives’’ after ‘‘either or 

2 both of the intelligence committees’’; 

3 (B) by amending paragraph (2) to read as 

4 follows: 

5 ‘‘(2) LIMITATION.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the employee may contact an 

8 intelligence committee or another committee of 

9 jurisdiction directly as described in paragraph 

10 (1) of this subsection or in subsection (b)(4) 

11 only if the employee— 

12 ‘‘(i) before making such a contact, 

13 furnishes to the head of the establishment, 

14 through the Inspector General (or des15 ignee), a statement of the employee’s com16 plaint or information and notice of the em17 ployee’s intent to contact an intelligence 

18 committee or another committee of juris19 diction of the Senate or the House of Rep20 resentatives directly; and 

21 ‘‘(ii)(I) obtains and follows, from the 

22 head of the establishment, through the In23 spector General (or designee), procedural 

24 direction on how to contact an intelligence 

25 committee or another committee of juris-
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1 diction of the Senate or the House of Rep2 resentatives in accordance with appropriate 

3 security practices; or 

4 ‘‘(II) obtains and follows such proce5 dural direction from the applicable security 

6 officer appointed under subsection (i). 

7 ‘‘(B) LACK OF PROCEDURAL DIRECTION.— 

8 If an employee seeks procedural direction under 

9 subparagraph (A)(ii) and does not receive such 

10 procedural direction within 30 days, or receives 

11 insufficient direction to report to Congress a 

12 complaint or information, the employee may 

13 contact an intelligence committee or any other 

14 committee of jurisdiction of the Senate or the 

15 House of Representatives directly without ob16 taining or following the procedural direction 

17 otherwise required under such subparagraph.’’; 

18 and 

19 (C) by redesignating paragraph (3) as 

20 paragraph (4); and 

21 (D) by inserting after paragraph (2) the 

22 following: 

23 ‘‘(3) COMMITTEE MEMBERS AND STAFF.—An 

24 employee of an element of the intelligence commu25 nity who intends to report to Congress a complaint 
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1 or information may report such complaint or infor2 mation to the Chairman and Vice Chairman or 

3 Ranking Member, as the case may be, of an intel4 ligence committee or another committee of jurisdic5 tion of the Senate or the House of Representatives, 

6 a nonpartisan member of the committee staff des7 ignated for purposes of receiving complaints or in8 formation under this section, or a member of the 

9 majority staff and a member of the minority staff of 

10 the committee.’’. 

11 (3) CLARIFICATION OF RIGHT TO REPORT DI12 RECTLY TO CONGRESS.—Subsection (b) of such sec13 tion is amended by adding at the end the following: 

14 ‘‘(4) CLARIFICATION OF RIGHT TO REPORT DI15 RECTLY TO CONGRESS.—Subject to paragraphs (2) 

16 and (3) of subsection (e), an employee of an element 

17 of the intelligence community who intends to report 

18 to Congress a complaint or information may report 

19 such complaint or information directly to Con20 gress.’’. 

21 (b) AMENDMENTS TO NATIONAL SECURITY ACT OF

22 1947.— 

23 (1) APPOINTMENT OF SECURITY OFFICERS.— 

24 Section 103H(j) of the National Security Act of 
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1 1947 (50 U.S.C. 3033(j)) is amended by adding at 

2 the end the following: 

3 ‘‘(5) The Inspector General shall appoint within 

4 the Office of the Inspector General security officers 

5 as required by section 416(i) of title 5, United 

6 States Code.’’. 

7 (2) PROCEDURES.—Subparagraph (D) of sec8 tion 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5)) 

9 is amended— 

10 (A) in clause (i), by inserting ‘‘or any 

11 other committee of jurisdiction of the Senate or 

12 the House of Representatives’’ after ‘‘either or 

13 both of the congressional intelligence commit14 tees’’; 

15 (B) by amending clause (ii) to read as fol16 lows: 

17 ‘‘(ii)(I) Except as provided in subclause (II), an 

18 employee may contact a congressional intelligence 

19 committee or another committee of jurisdiction di20 rectly as described in clause (i) only if the em21 ployee— 

22 ‘‘(aa) before making such a contact, fur23 nishes to the Director, through the Inspector 

24 General, a statement of the employee’s com25 plaint or information and notice of the employ-
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1 ee’s intent to contact a congressional intel2 ligence committee or another committee of ju3 risdiction of the Senate or the House of Rep4 resentatives directly; and 

5 ‘‘(bb)(AA) obtains and follows, from the 

6 Director, through the Inspector General, proce7 dural direction on how to contact a congres8 sional intelligence committee or another com9 mittee of jurisdiction of the Senate or the 

10 House of Representatives in accordance with 

11 appropriate security practices; or 

12 ‘‘(BB) obtains and follows such procedural 

13 direction from the applicable security officer ap14 pointed under section 416(i) of title 5, United 

15 States Code. 

16 ‘‘(II) If an employee seeks procedural di17 rection under subclause (I)(bb) and does not re18 ceive such procedural direction within 30 days, 

19 or receives insufficient direction to report to 

20 Congress a complaint or information, the em21 ployee may contact a congressional intelligence 

22 committee or any other committee of jurisdic23 tion of the Senate or the House of Representa24 tives directly without obtaining or following the 
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1 procedural direction otherwise required under 

2 such subclause.’’; 

3 (C) by redesignating clause (iii) as clause 

4 (iv); and 

5 (D) by inserting after clause (ii) the fol6 lowing: 

7 ‘‘(iii) An employee of an element of the intel8 ligence community who intends to report to Con9 gress a complaint or information may report such 

10 complaint or information to the Chairman and Vice 

11 Chairman or Ranking Member, as the case may be, 

12 of a congressional intelligence committee or another 

13 committee of jurisdiction of the Senate or the House 

14 of Representatives, a nonpartisan member of the 

15 committee staff designated for purposes of receiving 

16 complaints or information under this section, or a 

17 member of the majority staff and a member of the 

18 minority staff of the committee.’’. 

19 (3) CLARIFICATION OF RIGHT TO REPORT DI20 RECTLY TO CONGRESS.—Subparagraph (A) of such 

21 section is amended— 

22 (A) by inserting ‘‘(i)’’ before ‘‘An employee 

23 of’’; and 

24 (B) by adding at the end the following: 
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1 ‘‘(ii) Subject to clauses (ii) and (iii) of subpara2 graph (D), an employee of an element of the intel3 ligence community who intends to report to Con4 gress a complaint or information may report such 

5 complaint or information directly to Congress, re6 gardless of whether the complaint or information is 

7 with respect to an urgent concern— 

8 ‘‘(I) in lieu of reporting such complaint or 

9 information under clause (i); or 

10 ‘‘(II) in addition to reporting such com11 plaint or information under clause (i).’’. 

12 (c) AMENDMENTS TO THE CENTRAL INTELLIGENCE

13 AGENCY ACT OF 1949.— 

14 (1) APPOINTMENT OF SECURITY OFFICERS.— 

15 Section 17(d)(5) of the Central Intelligence Agency 

16 Act of 1949 (50 U.S.C. 3517(d)(5)) is amended by 

17 adding at the end the following: 

18 ‘‘(I) The Inspector General shall appoint within the 

19 Office of the Inspector General security officers as re20 quired by section 416(i) of title 5, United States Code.’’. 

21 (2) PROCEDURES.—Subparagraph (D) of such 

22 section is amended— 

23 (A) in clause (i), by inserting ‘‘or any 

24 other committee of jurisdiction of the Senate or 
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1 the House of Representatives’’ after ‘‘either or 

2 both of the intelligence committees’’; 

3 (B) by amending clause (ii) to read as fol4 lows: 

5 ‘‘(ii)(I) Except as provided in subclause (II), an em6 ployee may contact an intelligence committee or another 

7 committee of jurisdiction directly as described in clause 

8 (i) only if the employee— 

9 ‘‘(aa) before making such a contact, furnishes 

10 to the Director, through the Inspector General, a 

11 statement of the employee’s complaint or informa12 tion and notice of the employee’s intent to contact 

13 an intelligence committee or another committee of 

14 jurisdiction of the Senate or the House of Rep15 resentatives directly; and 

16 ‘‘(bb)(AA) obtains and follows, from the Direc17 tor, through the Inspector General, procedural direc18 tion on how to contact an intelligence committee or 

19 another committee of jurisdiction of the Senate or 

20 the House of Representatives in accordance with ap21 propriate security practices; or 

22 ‘‘(BB) obtains and follows such procedural di23 rection from the applicable security officer appointed 

24 under section 416(i) of title 5, United States Code. 
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1 ‘‘(II) If an employee seeks procedural direction 

2 under subclause (I)(bb) and does not receive such 

3 procedural direction within 30 days, or receives in4 sufficient direction to report to Congress a complaint 

5 or information, the employee may contact an intel6 ligence committee or another committee of jurisdic7 tion of the Senate or the House of Representatives 

8 directly without obtaining or following the proce9 dural direction otherwise required under such sub10 clause.’’; 

11 (C) by redesignating clause (iii) as clause 

12 (iv); and 

13 (D) by inserting after clause (ii) the fol14 lowing: 

15 ‘‘(iii) An employee of the Agency who intends to re16 port to Congress a complaint or information may report 

17 such complaint or information to the Chairman and Vice 

18 Chairman or Ranking Member, as the case may be, of an 

19 intelligence committee or another committee of jurisdic20 tion of the Senate or the House of Representatives, a non21 partisan member of the committee staff designated for 

22 purposes of receiving complaints or information under this 

23 section, or a member of the majority staff and a member 

24 of the minority staff of the committee.’’. 
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1 (3) CLARIFICATION OF RIGHT TO REPORT DI2 RECTLY TO CONGRESS.—Subparagraph (A) of such 

3 section is amended— 

4 (A) by inserting ‘‘(i)’’ before ‘‘An employee 

5 of’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(ii) Subject to clauses (ii) and (iii) of subparagraph 

8 (D), an employee of the Agency who intends to report to 

9 Congress a complaint or information may report such 

10 complaint or information directly to Congress, regardless 

11 of whether the complaint or information is with respect 

12 to an urgent concern— 

13 ‘‘(I) in lieu of reporting such complaint or in14 formation under clause (i); or 

15 ‘‘(II) in addition to reporting such complaint or 

16 information under clause (i).’’. 

17 (d) RULE OF CONSTRUCTION.—Nothing in this sec18 tion or an amendment made by this section shall be con19 strued to revoke or diminish any right of an individual 

20 provided by section 2303 of title 5, United States Code. 
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1 SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHIS2 TLEBLOWER IDENTITY AS REPRISAL 

3 AGAINST WHISTLEBLOWER DISCLOSURE BY 

4 EMPLOYEES AND CONTRACTORS IN INTEL5 LIGENCE COMMUNITY. 

6 (a) IN GENERAL.—Section 1104 of the National Se7 curity Act of 1947 (50 U.S.C. 3234) is amended— 

8 (1) in subsection (a)(3) of such section— 

9 (A) in subparagraph (I), by striking ‘‘; or’’ 

10 and inserting a semicolon; 

11 (B) by redesignating subparagraph (J) as 

12 subparagraph (K); and 

13 (C) by inserting after subparagraph (I) the 

14 following: 

15 ‘‘(J) a knowing and willful disclosure re16 vealing the identity or other personally identifi17 able information of an employee or contractor 

18 employee so as to identify the employee or con19 tractor employee as an employee or contractor 

20 employee who has made a lawful disclosure de21 scribed in subsection (b) or (c); or’’; 

22 (2) by redesignating subsections (f) and (g) as 

23 subsections (g) and (h), respectively; and 

24 (3) by inserting after subsection (e) the fol25 lowing: 
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1 ‘‘(f) PERSONNEL ACTIONS INVOLVING DISCLOSURE

2 OF WHISTLEBLOWER IDENTITY.—A personnel action de3 scribed in subsection (a)(3)(J) shall not be considered to 

4 be in violation of subsection (b) or (c) under the following 

5 circumstances: 

6 ‘‘(1) The personnel action was taken with the 

7 express consent of the employee or contractor em8 ployee. 

9 ‘‘(2) An Inspector General with oversight re10 sponsibility for a covered intelligence community ele11 ment determines that— 

12 ‘‘(A) the personnel action was unavoidable 

13 under section 103H(g)(3)(A) of this Act (50 

14 U.S.C. 3033(g)(3)(A)), section 17(e)(3)(A) of 

15 the Central Intelligence Agency Act of 1949 (50 

16 U.S.C. 3517(e)(3)(A)), section 407(b) of title 5, 

17 United States Code, or section 420(b)(2)(B) of 

18 such title; 

19 ‘‘(B) the personnel action was made to an 

20 official of the Department of Justice responsible 

21 for determining whether a prosecution should 

22 be undertaken; or 

23 ‘‘(C) the personnel action was required by 

24 statute or an order from a court of competent 

25 jurisdiction.’’. 
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1 (b) APPLICABILITY TO DETAILEES.—Subsection (a) 

2 of section 1104 of such Act (50 U.S.C. 3234) is amended 

3 by adding at the end the following: 

4 ‘‘(5) EMPLOYEE.—The term ‘employee’, with 

5 respect to an agency or a covered intelligence com6 munity element, includes an individual who has been 

7 detailed to such agency or covered intelligence com8 munity element.’’. 

9 (c) HARMONIZATION OF ENFORCEMENT.—Sub10 section (g) of such section, as redesignated by subsection 

11 (a)(2) of this section, is amended to read as follows: 

12 ‘‘(g) ENFORCEMENT.— 

13 ‘‘(1) IN GENERAL.—Except as otherwise pro14 vided in this subsection, the President shall provide 

15 for the enforcement of this section. 

16 ‘‘(2) HARMONIZATION WITH OTHER ENFORCE17 MENT.—To the fullest extent possible, the President 

18 shall provide for enforcement of this section in a 

19 manner that is consistent with the enforcement of 

20 section 2302(b)(8) of title 5, United States Code, es21 pecially with respect to policies and procedures used 

22 to adjudicate alleged violations of such section.’’. 
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1 SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE 

2 SECURITY CLEARANCE AND ACCESS DETER3 MINATIONS. 

4 Subparagraph (C) of section 3001(j)(4) of the Intel5 ligence Reform and Terrorism Prevention Act of 2004 (50 

6 U.S.C. 3341(j)(4)) is amended to read as follows: 

7 ‘‘(C) CONTRIBUTING FACTOR.— 

8 ‘‘(i) IN GENERAL.—Subject to clause 

9 (iii), in determining whether the adverse 

10 security clearance or access determination 

11 violated paragraph (1), the agency shall 

12 find that paragraph (1) was violated if the 

13 individual has demonstrated that a disclo14 sure described in paragraph (1) was a con15 tributing factor in the adverse security 

16 clearance or access determination taken 

17 against the individual. 

18 ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.— 

19 An individual under clause (i) may dem20 onstrate that the disclosure was a contrib21 uting factor in the adverse security clear22 ance or access determination taken against 

23 the individual through circumstantial evi24 dence, such as evidence that— 
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1 ‘‘(I) the official making the de2 termination knew of the disclosure; 

3 and 

4 ‘‘(II) the determination occurred 

5 within a period such that a reasonable 

6 person could conclude that the disclo7 sure was a contributing factor in the 

8 determination. 

9 ‘‘(iii) DEFENSE.—In determining 

10 whether the adverse security clearance or 

11 access determination violated paragraph 

12 (1), the agency shall not find that para13 graph (1) was violated if, after a finding 

14 that a disclosure was a contributing factor, 

15 the agency demonstrates by clear and con16 vincing evidence that it would have made 

17 the same security clearance or access de18 termination in the absence of such disclo19 sure.’’. 

20 SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAM21 AGES FOR RETALIATORY REVOCATION OF SE22 CURITY CLEARANCES AND ACCESS DETER23 MINATIONS. 

24 Section 3001(j)(4)(B) of the Intelligence Reform and 

25 Terrorism Prevention Act of 2004 (50 U.S.C. 
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1 3341(j)(4)(B)) is amended, in the second sentence, by 

2 striking ‘‘not to exceed $300,000’’. 

3 SEC. 605. MODIFICATION AND REPEAL OF REPORTING RE4 QUIREMENTS. 

5 (a) MODIFICATION OF FREQUENCY OF WHISTLE6 BLOWER NOTIFICATIONS TO INSPECTOR GENERAL OF

7 THE INTELLIGENCE COMMUNITY.—Section 5334(a) of the 

8 Damon Paul Nelson and Matthew Young Pollard Intel9 ligence Authorization Act for Fiscal Years 2018, 2019, 

10 and 2020 (Public Law 116–92; 50 U.S.C. 3033 note) is 

11 amended by striking ‘‘in real time’’ and inserting ‘‘month12 ly’’. 

13 (b) REPEAL OF REQUIREMENT FOR INSPECTORS

14 GENERAL REVIEWS OF ENHANCED PERSONNEL SECU15 RITY PROGRAMS.— 

16 (1) IN GENERAL.—Section 11001 of title 5, 

17 United States Code, is amended— 

18 (A) by striking subsection (d); and 

19 (B) by redesignating subsection (e) as sub20 section (d). 

21 (2) TECHNICAL CORRECTIONS.—Subsection (d) 

22 of section 11001 of such title, as redesignated by 

23 paragraph (1)(B), is amended— 

24 (A) in paragraph (3), by adding ‘‘and’’ 

25 after the semicolon at the end; and 
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1 (B) in paragraph (4), by striking ‘‘; and’’ 

2 and inserting a period. 

3 TITLE VII—CLASSIFICATION 

4 REFORM 

5 Subtitle A—Classification Reform 

6 Act of 2023 

7 SEC. 701. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Classification Re9 form Act of 2023’’. 

10 SEC. 702. DEFINITIONS. 

11 In this subtitle: 

12 (1) AGENCY.—The term ‘‘agency’’ means any 

13 Executive agency as defined in section 105 of title 

14 5, United States Code, any military department as 

15 defined in section 102 of such title, and any other 

16 entity in the executive branch of the Federal Gov17 ernment that comes into the possession of classified 

18 information. 

19 (2) CLASSIFY, CLASSIFIED, CLASSIFICATION.— 

20 The terms ‘‘classify’’, ‘‘classified’’, and ‘‘classifica21 tion’’ refer to the process by which information is 

22 determined to require protection from unauthorized 

23 disclosure pursuant to Executive Order 13526 (50 

24 U.S.C. 3161 note; relating to classified national se25 curity information), or previous and successor execu-
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1 tive orders or similar directives, or section 703 in 

2 order to protect the national security of the United 

3 States. 

4 (3) CLASSIFIED INFORMATION.—The term 

5 ‘‘classified information’’ means information that has 

6 been classified under Executive Order 13526 (50 

7 U.S.C. 3161 note; relating to classified national se8 curity information), or previous and successor execu9 tive orders or similar directives, or section 703. 

10 (4) DECLASSIFY, DECLASSIFIED, DECLAS11 SIFICATION.—The terms ‘‘declassify’’, ‘‘declassified’’, 

12 and ‘‘declassification’’ refer to the process by which 

13 information that has been classified is determined to 

14 no longer require protection from unauthorized dis15 closure pursuant to Executive Order 13526 (50 

16 U.S.C. 3161 note; relating to classified national se17 curity information), or previous and successor execu18 tive orders or similar directives, or section 703. 

19 (5) INFORMATION.—The term ‘‘information’’ 

20 means any knowledge that can be communicated, or 

21 documentary material, regardless of its physical 

22 form or characteristics, that is owned by, is pro23 duced by or for, or is under the control of the 

24 United States Government. 
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1 SEC. 703. CLASSIFICATION AND DECLASSIFICATION OF IN2 FORMATION. 

3 (a) IN GENERAL.—The President may, in accordance 

4 with this section, protect from unauthorized disclosure any 

5 information owned by, produced by or for, or under the 

6 control of the executive branch of the Federal Government 

7 when there is a demonstrable need to do so in order to 

8 protect the national security of the United States. 

9 (b) ESTABLISHMENT OF STANDARDS AND PROCE10 DURES FOR CLASSIFICATION AND DECLASSIFICATION.— 

11 (1) GOVERNMENTWIDE PROCEDURES.— 

12 (A) CLASSIFICATION.—The President 

13 shall, to the extent necessary, establish cat14 egories of information that may be classified 

15 and procedures for classifying information 

16 under subsection (a). 

17 (B) DECLASSIFICATION.—At the same 

18 time the President establishes categories and 

19 procedures under subparagraph (A), the Presi20 dent shall establish procedures for declassifying 

21 information that was previously classified. 

22 (C) MINIMUM REQUIREMENTS.—The pro23 cedures established pursuant to subparagraphs 

24 (A) and (B) shall— 

25 (i) provide that information may be 

26 classified under this section, and may re-
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1 main classified under this section, only if 

2 the harm to national security that might 

3 reasonably be expected from disclosure of 

4 such information outweighs the public in5 terest in disclosure of such information; 

6 (ii) establish standards and criteria 

7 for the classification of information; 

8 (iii) establish standards, criteria, and 

9 timelines for the declassification of infor10 mation classified under this section; 

11 (iv) provide for the automatic declas12 sification of classified records with perma13 nent historical value; 

14 (v) provide for the timely review of 

15 materials submitted for pre-publication; 

16 (vi) narrow the criteria for classifica17 tion set forth under section 1.4 of Execu18 tive Order 13526 (50 U.S.C. 3161 note; 

19 relating to classified national security in20 formation), as in effect on the day before 

21 the date of the enactment of this Act; 

22 (vii) narrow the exemptions from 

23 automatic declassification set forth under 

24 section 3.3(b) of Executive Order 13526 

25 (50 U.S.C. 3161 note; relating to classified 
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1 national security information), as in effect 

2 on the day before the date of the enact3 ment of this Act; 

4 (viii) provide a clear and specific defi5 nition of ‘‘harm to national security’’ as it 

6 pertains to clause (i); and 

7 (ix) provide a clear and specific defini8 tion of ‘‘intelligence sources and methods’’ 

9 as it pertains to the categories and proce10 dures under subparagraph (A). 

11 (2) AGENCY STANDARDS AND PROCEDURES.— 

12 (A) IN GENERAL.—The head of each agen13 cy shall establish a single set of consolidated 

14 standards and procedures to permit such agen15 cy to classify and declassify information created 

16 by such agency in accordance with the cat17 egories and procedures established by the Presi18 dent under this section and otherwise to carry 

19 out this section. 

20 (B) SUBMITTAL TO CONGRESS.—Each 

21 agency head shall submit to Congress the 

22 standards and procedures established by such 

23 agency head under subparagraph (A). 
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1 (c) CONFORMING AMENDMENT TO FOIA.—Section 

2 552(b)(1) of title 5, United States Code, is amended to 

3 read as follows: 

4 ‘‘(1)(A) specifically authorized to be classified 

5 under section 703 of the Intelligence Authorization 

6 Act for Fiscal Year 2024, or specifically authorized 

7 under criteria established by an Executive order to 

8 be kept secret in the interest of national security; 

9 and 

10 ‘‘(B) are in fact properly classified pursuant to 

11 that section or Executive order;’’. 

12 (d) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—Subsections (a) and (b) shall 

14 take effect on the date that is 180 days after the 

15 date of the enactment of this Act. 

16 (2) RELATION TO PRESIDENTIAL DIREC17 TIVES.—Presidential directives regarding classifying, 

18 safeguarding, and declassifying national security in19 formation, including Executive Order 13526 (50 

20 U.S.C. 3161 note; relating to classified national se21 curity information), or successor order, in effect on 

22 the day before the date of the enactment of this Act, 

23 as well as procedures issued pursuant to such Presi24 dential directives, shall remain in effect until super-
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1 seded by procedures issues pursuant to subsection 

2 (b). 

3 SEC. 704. TRANSPARENCY OFFICERS. 

4 (a) DESIGNATION.—The Attorney General, the Sec5 retary of Defense, the Secretary of State, the Secretary 

6 of the Treasury, the Secretary of Health and Human 

7 Services, the Secretary of Homeland Security, the Direc8 tor of National Intelligence, the Director of the Central 

9 Intelligence Agency, the Director of the National Security 

10 Agency, the Director of the Federal Bureau of Investiga11 tion, and the head of any other department, agency, or 

12 element of the executive branch of the Federal Govern13 ment determined by the Privacy and Civil Liberties Over14 sight Board established by section 1061 of the Intelligence 

15 Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 

16 2000ee) to be appropriate for coverage under this section, 

17 shall each designate at least 1 senior officer to serve as 

18 the principal advisor to assist such head of a department, 

19 agency, or element and other officials of the department, 

20 agency, or element of the head in identifying records of 

21 significant public interest and prioritizing appropriate re22 view of such records in order to facilitate the public disclo23 sure of such records in redacted or unredacted form. 

24 (b) DETERMINING PUBLIC INTEREST IN DISCLO25 SURE.—In assisting the head of a department, agency, or 
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1 element and other officials of such department, agency, 

2 or element in identifying records of significant public in3 terest under subsection (a), the senior officer designated 

4 by the head under such subsection shall consider wheth5 er— 

6 (1) or not disclosure of the information would 

7 better enable United States citizens to hold Federal 

8 Government officials accountable for their actions 

9 and policies; 

10 (2) or not disclosure of the information would 

11 assist the United States criminal justice system in 

12 holding persons responsible for criminal acts or acts 

13 contrary to the Constitution; 

14 (3) or not disclosure of the information would 

15 assist Congress or any committee or subcommittee 

16 thereof, in carrying out its oversight responsibilities 

17 with regard to the executive branch of the Federal 

18 Government or in adequately informing itself of ex19 ecutive branch policies and activities in order to 

20 carry out its legislative responsibilities; 

21 (4) the disclosure of the information would as22 sist Congress or the public in understanding the in23 terpretation of the Federal Government of a provi24 sion of law, including Federal regulations, Presi-
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1 dential directives, statutes, case law, and the Con2 stitution of the United States; or 

3 (5) or not disclosure of the information would 

4 bring about any other significant benefit, including 

5 an increase in public awareness or understanding of 

6 Government activities or an enhancement of Federal 

7 Government efficiency. 

8 (c) PERIODIC REPORTS.— 

9 (1) IN GENERAL.—Each senior officer des10 ignated under subsection (a) shall periodically, but 

11 not less frequently than annually, submit a report on 

12 the activities of the officer, including the documents 

13 determined to be in the public interest for disclosure 

14 under subsection (b), to— 

15 (A) the Committee on Homeland Security 

16 and Governmental Affairs and the Select Com17 mittee on Intelligence of the Senate; 

18 (B) the Committee on Oversight and Gov19 ernment Reform and the Permanent Select 

20 Committee on Intelligence of the House of Rep21 resentatives; and 

22 (C) the head of the department, agency, or 

23 element of the senior officer. 

24 (2) FORM.—Each report submitted pursuant to 

25 paragraph (1) shall be submitted, to the greatest ex-
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1 tent possible, in unclassified form, with a classified 

2 annex as may be necessary. 

3 Subtitle B—Sensible Classification 

4 Act of 2023 

5 SEC. 711. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Sensible Classifica7 tion Act of 2023’’. 

8 SEC. 712. DEFINITIONS. 

9 In this subtitle: 

10 (1) AGENCY.—The term ‘‘agency’’ has the 

11 meaning given the term ‘‘Executive agency’’ in sec12 tion 105 of title 5, United States Code. 

13 (2) CLASSIFICATION.—The term ‘‘classifica14 tion’’ means the act or process by which information 

15 is determined to be classified information. 

16 (3) CLASSIFIED INFORMATION.—The term 

17 ‘‘classified information’’ means information that has 

18 been determined pursuant to Executive Order 12958 

19 (50 U.S.C. 3161 note; relating to classified national 

20 security information), or successor order, to require 

21 protection against unauthorized disclosure and is 

22 marked to indicate its classified status when in doc23 umentary form. 

24 (4) DECLASSIFICATION.—The term ‘‘declas25 sification’’ means the authorized change in the sta-
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1 tus of information from classified information to un2 classified information. 

3 (5) DOCUMENT.—The term ‘‘document’’ means 

4 any recorded information, regardless of the nature of 

5 the medium or the method or circumstances of re6 cording. 

7 (6) DOWNGRADE.—The term ‘‘downgrade’’ 

8 means a determination by a declassification author9 ity that information classified and safeguarded at a 

10 specified level shall be classified and safeguarded at 

11 a lower level. 

12 (7) INFORMATION.—The term ‘‘information’’ 

13 means any knowledge that can be communicated or 

14 documentary material, regardless of its physical 

15 form or characteristics, that is owned by, is pro16 duced by or for, or is under the control of the 

17 United States Government. 

18 (8) ORIGINATE, ORIGINATING, AND ORIGI19 NATED.—The term ‘‘originate’’, ‘‘originating’’, and 

20 ‘‘originated’’, with respect to classified information 

21 and an authority, means the authority that classified 

22 the information in the first instance. 

23 (9) RECORDS.—The term ‘‘records’’ means the 

24 records of an agency and Presidential papers or 

25 Presidential records, as those terms are defined in 
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1 title 44, United States Code, including those created 

2 or maintained by a government contractor, licensee, 

3 certificate holder, or grantee that are subject to the 

4 sponsoring agency’s control under the terms of the 

5 contract, license, certificate, or grant. 

6 (10) SECURITY CLEARANCE.—The term ‘‘secu7 rity clearance’’ means an authorization to access 

8 classified information. 

9 (11) UNAUTHORIZED DISCLOSURE.—The term 

10 ‘‘unauthorized disclosure’’ means a communication 

11 or physical transfer of classified information to an 

12 unauthorized recipient. 

13 (12) UNCLASSIFIED INFORMATION.—The term 

14 ‘‘unclassified information’’ means information that is 

15 not classified information. 

16 SEC. 713. FINDINGS AND SENSE OF THE SENATE. 

17 (a) FINDINGS.—The Senate makes the following 

18 findings: 

19 (1) According to a report released by the Office 

20 of the Director of Intelligence in 2020 titled ‘‘Fiscal 

21 Year 2019 Annual Report on Security Clearance De22 terminations’’, more than 4,000,000 individuals have 

23 been granted eligibility for a security clearance. 
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1 (2) At least 1,300,000 of such individuals have 

2 been granted access to information classified at the 

3 Top Secret level. 

4 (b) SENSE OF THE SENATE.—It is the sense of the 

5 Senate that— 

6 (1) the classification system of the Federal Gov7 ernment is in urgent need of reform; 

8 (2) the number of people with access to classi9 fied information is exceedingly high and must be jus10 tified or reduced; 

11 (3) reforms are necessary to reestablish trust 

12 between the Federal Government and the people of 

13 the United States; and 

14 (4) classification should be limited to the min15 imum necessary to protect national security while 

16 balancing the public’s interest in disclosure. 

17 SEC. 714. CLASSIFICATION AUTHORITY. 

18 (a) IN GENERAL.—The authority to classify informa19 tion originally may be exercised only by— 

20 (1) the President and, in the performance of ex21 ecutive duties, the Vice President; 

22 (2) the head of an agency or an official of any 

23 agency authorized by the President pursuant to a 

24 designation of such authority in the Federal Reg25 ister; and 
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1 (3) an official of the Federal Government to 

2 whom authority to classify information originally has 

3 been delegated pursuant to subsection (c). 

4 (b) SCOPE OF AUTHORITY.—An individual author5 ized by this section to classify information originally at 

6 a specified level may also classify the information origi7 nally at a lower level. 

8 (c) DELEGATION OF ORIGINAL CLASSIFICATION AU9 THORITY.—An official of the Federal Government may be 

10 delegated original classification authority subject to the 

11 following: 

12 (1) Delegation of original classification author13 ity shall be limited to the minimum required to ad14 minister this section. Agency heads shall be respon15 sible for ensuring that designated subordinate offi16 cials have a demonstrable and continuing need to ex17 ercise this authority. 

18 (2) Authority to originally classify information 

19 at the level designated as ‘‘Top Secret’’ may be dele20 gated only by the President, in the performance of 

21 executive duties, the Vice President, or an agency 

22 head or official designated pursuant to subsection 

23 (a)(2). 

24 (3) Authority to originally classify information 

25 at the level designated as ‘‘Secret’’ or ‘‘Confidential’’ 
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1 may be delegated only by the President, in the per2 formance of executive duties, the Vice President, or 

3 an agency head or official designated pursuant to 

4 subsection (a)(2), or the senior agency official de5 scribed in section 5.4(d) of Executive Order 13526 

6 (50 U.S.C. 3161 note; relating to classified national 

7 security information), or successor order, provided 

8 that official has been delegated ‘‘Top Secret’’ origi9 nal classification authority by the agency head. 

10 (4) Each delegation of original classification au11 thority shall be in writing and the authority shall 

12 not be redelegated except as provided by paragraphs 

13 (1), (2), and (3). Each delegation shall identify the 

14 official by name or position title. 

15 (d) TRAINING REQUIRED.— 

16 (1) IN GENERAL.—An individual may not be 

17 delegated original classification authority under this 

18 section unless the individual has first received train19 ing described in paragraph (2). 

20 (2) TRAINING DESCRIBED.—Training described 

21 in this paragraph is training on original classifica22 tion that includes instruction on the proper safe23 guarding of classified information and of the crimi24 nal, civil, and administrative sanctions that may be 
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1 brought against an individual who fails to protect 

2 classified information from unauthorized disclosure. 

3 (e) EXCEPTIONAL CASES.— 

4 (1) IN GENERAL.—When an employee, con5 tractor, licensee, certificate holder, or grantee of an 

6 agency who does not have original classification au7 thority originates information believed by that em8 ployee, contractor, licensee, certificate holder, or 

9 grantee to require classification, the information 

10 shall be protected in a manner consistent with Exec11 utive Order 13526 (50 U.S.C. 3161 note; relating to 

12 classified national security information), or successor 

13 order. 

14 (2) TRANSMITTAL.—An employee, contractor, 

15 licensee, certificate holder, or grantee described in 

16 paragraph (1), who originates information described 

17 in such paragraph, shall promptly transmit such in18 formation to— 

19 (A) the agency that has appropriate sub20 ject matter interest and classification authority 

21 with respect to this information; or 

22 (B) if it is not clear which agency has ap23 propriate subject matter interest and classifica24 tion authority with respect to the information, 
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1 the Director of the Information Security Over2 sight Office. 

3 (3) AGENCY DECISIONS.—An agency that re4 ceives information pursuant to paragraph (2)(A) or 

5 (4) shall decide within 30 days whether to classify 

6 this information. 

7 (4) INFORMATION SECURITY OVERSIGHT OF8 FICE ACTION.—If the Director of the Information 

9 Security Oversight Office receives information under 

10 paragraph (2)(B), the Director shall determine the 

11 agency having appropriate subject matter interest 

12 and classification authority and forward the infor13 mation, with appropriate recommendations, to that 

14 agency for a classification determination. 

15 SEC. 715. PROMOTING EFFICIENT DECLASSIFICATION RE16 VIEW. 

17 (a) IN GENERAL.—Whenever an agency is processing 

18 a request pursuant to section 552 of title 5, United States 

19 Code (commonly known as the ‘‘Freedom of Information 

20 Act’’) or the mandatory declassification review provisions 

21 of Executive Order 13526 (50 U.S.C. 3161 note; relating 

22 to classified national security information), or successor 

23 order, and identifies responsive classified records that are 

24 more than 25 years of age as of December 31 of the year 

25 in which the request is received, the head of the agency 
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1 shall review the record and process the record for declas2 sification and release by the National Declassification 

3 Center of the National Archives and Records Administra4 tion. 

5 (b) APPLICATION.—Subsection (a) shall apply— 

6 (1) regardless of whether or not the record de7 scribed in such subsection is in the legal custody of 

8 the National Archives and Records Administration; 

9 and 

10 (2) without regard for any other provisions of 

11 law or existing agreements or practices between 

12 agencies. 

13 SEC. 716. TRAINING TO PROMOTE SENSIBLE CLASSIFICA14 TION. 

15 (a) DEFINITIONS.—In this section: 

16 (1) OVER-CLASSIFICATION.—The term ‘‘over17 classification’’ means classification at a level that ex18 ceeds the minimum level of classification that is suf19 ficient to protect the national security of the United 

20 States. 

21 (2) SENSIBLE CLASSIFICATION.—The term 

22 ‘‘sensible classification’’ means classification at a 

23 level that is the minimum level of classification that 

24 is sufficient to protect the national security of the 

25 United States. 
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1 (b) TRAINING REQUIRED.—Each head of an agency 

2 with classification authority shall conduct training for em3 ployees of the agency with classification authority to dis4 courage over-classification and to promote sensible classi5 fication. 

6 SEC. 717. IMPROVEMENTS TO PUBLIC INTEREST DECLAS7 SIFICATION BOARD. 

8 Section 703 of the Public Interest Declassification 

9 Act of 2000 (50 U.S.C. 3355a) is amended— 

10 (1) in subsection (c), by adding at the end the 

11 following: 

12 ‘‘(5) A member of the Board whose term has expired 

13 may continue to serve until a successor is appointed and 

14 sworn in.’’; and 

15 (2) in subsection (f)— 

16 (A) by inserting ‘‘(1)’’ before ‘‘Any em17 ployee’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(2)(A) In addition to any employees detailed to the 

20 Board under paragraph (1), the Board may hire not more 

21 than 12 staff members. 

22 ‘‘(B) There are authorized to be appropriated to 

23 carry out subparagraph (A) such sums as are necessary 

24 for fiscal year 2024 and each fiscal year thereafter.’’. 
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1 SEC. 718. IMPLEMENTATION OF TECHNOLOGY FOR CLASSI2 FICATION AND DECLASSIFICATION. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of the enactment of this Act, the Administrator of 

5 the Office of Electronic Government (in this section re6 ferred to as the ‘‘Administrator’’) shall, in consultation 

7 with the Secretary of Defense, the Director of the Central 

8 Intelligence Agency, the Director of National Intelligence, 

9 the Public Interest Declassification Board, the Director of 

10 the Information Security Oversight Office, and the head 

11 of the National Declassification Center of the National Ar12 chives and Records Administration— 

13 (1) research a technology-based solution— 

14 (A) utilizing machine learning and artifi15 cial intelligence to support efficient and effec16 tive systems for classification and declassifica17 tion; and 

18 (B) to be implemented on an interoperable 

19 and federated basis across the Federal Govern20 ment; and 

21 (2) submit to the President a recommendation 

22 regarding a technology-based solution described in 

23 paragraph (1) that should be adopted by the Federal 

24 Government. 

25 (b) STAFF.—The Administrator may hire sufficient 

26 staff to carry out subsection (a). 
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1 (c) REPORT.—Not later than 540 days after the date 

2 of the enactment of this Act, the President shall submit 

3 to Congress a classified report on the technology-based so4 lution recommended by the Administrator under sub5 section (a)(2) and the President’s decision regarding its 

6 adoption. 

7 SEC. 719. STUDIES AND RECOMMENDATIONS ON NECES8 SITY OF SECURITY CLEARANCES. 

9 (a) AGENCY STUDIES ON NECESSITY OF SECURITY

10 CLEARANCES.— 

11 (1) STUDIES REQUIRED.—The head of each 

12 agency that grants security clearances to personnel 

13 of such agency shall conduct a study on the neces14 sity of such clearances. 

15 (2) REPORTS REQUIRED.— 

16 (A) IN GENERAL.—Not later than 1 year 

17 after the date of the enactment of this Act, 

18 each head of an agency that conducts a study 

19 under paragraph (1) shall submit to Congress 

20 a report on the findings of the agency head 

21 with respect to such study, which the agency 

22 head may classify as appropriate. 

23 (B) REQUIRED ELEMENTS.—Each report 

24 submitted by the head of an agency under sub-
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1 paragraph (A) shall include, for such agency, 

2 the following: 

3 (i) The number of personnel eligible 

4 for access to information up to the ‘‘Top 

5 Secret’’ level. 

6 (ii) The number of personnel eligible 

7 for access to information up to the ‘‘Se8 cret’’ level. 

9 (iii) Information on any reduction in 

10 the number of personnel eligible for access 

11 to classified information based on the 

12 study conducted under paragraph (1). 

13 (iv) A description of how the agency 

14 head will ensure that the number of secu15 rity clearances granted by such agency will 

16 be kept to the minimum required for the 

17 conduct of agency functions, commensurate 

18 with the size, needs, and mission of the 

19 agency. 

20 (3) INDUSTRY.—This subsection shall apply to 

21 the Secretary of Defense in the Secretary’s capacity 

22 as the Executive Agent for the National Industrial 

23 Security Program, and the Secretary shall treat con24 tractors, licensees, and grantees as personnel of the 
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1 Department of Defense for purposes of the studies 

2 and reports required by this subsection. 

3 (b) DIRECTOR OF NATIONAL INTELLIGENCE REVIEW

4 OF SENSITIVE COMPARTMENTED INFORMATION.—The 

5 Director of National Intelligence shall— 

6 (1) review the number of personnel eligible for 

7 access to sensitive compartmented information; and 

8 (2) submit to Congress a report on how the Di9 rector will ensure that the number of such personnel 

10 is limited to the minimum required. 

11 (c) AGENCY REVIEW OF SPECIAL ACCESS PRO12 GRAMS.—Each head of an agency who is authorized to es13 tablish a special access program by Executive Order 

14 13526 (50 U.S.C. 3161 note; relating to classified na15 tional security information), or successor order, shall— 

16 (1) review the number of personnel of the agen17 cy eligible for access to such special access pro18 grams; and 

19 (2) submit to Congress a report on how the 

20 agency head will ensure that the number of such 

21 personnel is limited to the minimum required. 

22 (d) SECRETARY OF ENERGY REVIEW OF Q AND L 

23 CLEARANCES.—The Secretary of Energy shall— 

24 (1) review the number of personnel of the De25 partment of Energy granted Q and L access; and 
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1 (2) submit to Congress a report on how the 

2 Secretary will ensure that the number of such per3 sonnel is limited to the minimum required 

4 (e) INDEPENDENT REVIEWS.—Not later than 180 

5 days after the date on which a study is completed under 

6 subsection (a) or a review is completed under subsections 

7 (b) through (d), the Director of the Information Security 

8 Oversight Office of the National Archives and Records Ad9 ministration, the Director of National Intelligence, and the 

10 Public Interest Declassification Board shall each review 

11 the study or review, as the case may be. 

12 TITLE VIII—SECURITY CLEAR13 ANCE AND TRUSTED WORK14 FORCE 

15 SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY 

16 SERVICES FOR PERSONNEL VETTING. 

17 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

18 CONGRESS.—In this section, the term ‘‘appropriate com19 mittees of Congress’’ means— 

20 (1) the congressional intelligence committees; 

21 (2) the Committee on Armed Services and the 

22 Subcommittee on Defense of the Committee on Ap23 propriations of the Senate; and 
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1 (3) the Committee on Armed Services and the 

2 Subcommittee on Defense of the Committee on Ap3 propriations of the House of Representatives. 

4 (b) IN GENERAL.—Not later than 1 year after the 

5 date of the enactment of this Act, the Director of National 

6 Intelligence shall submit to the appropriate committees of 

7 Congress a review of the extent to which the intelligence 

8 community can use information technology services shared 

9 among the intelligence community for purposes of per10 sonnel vetting, including with respect to human resources, 

11 suitability, and security. 

12 SEC. 802. TIMELINESS STANDARD FOR RENDERING DETER13 MINATIONS OF TRUST FOR PERSONNEL VET14 TING. 

15 (a) TIMELINESS STANDARD.— 

16 (1) IN GENERAL.—The President shall, acting 

17 through the Security Executive Agent and the Suit18 ability and Credentialing Executive Agent, establish 

19 and publish in such public venue as the President 

20 considers appropriate, new timeliness performance 

21 standards for processing personnel vetting trust de22 terminations in accordance with the Federal per23 sonnel vetting performance management standards. 

24 (2) QUINQUENNIAL REVIEWS.—Not less fre25 quently than once every 5 years, the President shall, 
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1 acting through the Security Executive Agent and the 

2 Suitability and Credentialing Executive Agent— 

3 (A) review the standards established pur4 suant to paragraph (1); and 

5 (B) pursuant to such review— 

6 (i) update such standards as the 

7 President considers appropriate; and 

8 (ii) publish in the Federal Register 

9 such updates as may be made pursuant to 

10 clause (i). 

11 (3) CONFORMING AMENDMENT.—Section 3001 

12 of the Intelligence Reform and Terrorism Prevention 

13 Act of 2004 (50 U.S.C. 3341) is amended by strik14 ing subsection (g). 

15 (b) QUARTERLY REPORTS ON IMPLEMENTATION.— 

16 (1) IN GENERAL.—Not less frequently than 

17 quarterly, the Security Executive Agent and the 

18 Suitability and Credentialing Executive Agent shall 

19 jointly make available to the public a quarterly re20 port on the compliance of Executive agencies (as de21 fined in section 105 of title 5, United States Code) 

22 with the standards established pursuant to sub23 section (a). 

24 (2) DISAGGREGATION.—Each report made 

25 available pursuant to paragraph (1) shall 
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1 disaggregate, to the greatest extent practicable, data 

2 by appropriate category of personnel risk and be3 tween Government and contractor personnel. 

4 (c) COMPLEMENTARY STANDARDS FOR INTEL5 LIGENCE COMMUNITY.—The Director of National Intel6 ligence may, in consultation with the Security, Suitability, 

7 and Credentialing Performance Accountability Council es8 tablished pursuant to Executive Order 13467 (50 U.S.C. 

9 3161 note; relating to reforming processes related to suit10 ability for Government employment, fitness for contractor 

11 employees, and eligibility for access to classified national 

12 security information) establish for the intelligence commu13 nity standards complementary to those established pursu14 ant to subsection (a). 

15 SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING 

16 TRUST DETERMINATIONS. 

17 (a) DEFINITION OF PERSONNEL VETTING TRUST

18 DETERMINATION.—In this section, the term ‘‘personnel 

19 vetting trust determination’’ means any determination 

20 made by an executive branch agency as to whether an indi21 vidual can be trusted to perform job functions or to be 

22 granted access necessary for a position. 

23 (b) ANNUAL REPORT.—Not later than March 30, 

24 2024, and annually thereafter for 5 years, the Director 

25 of National Intelligence, acting as the Security Executive 
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1 Agent, and the Director of the Office of Personnel Man2 agement, acting as the Suitability and Credentialing Exec3 utive Agent, in coordination with the Security, Suitability, 

4 and Credentialing Performance Accountability Council, 

5 shall jointly make available to the public a report on spe6 cific types of personnel vetting trust determinations made 

7 during the fiscal year preceding the fiscal year in which 

8 the report is made available, disaggregated, to the greatest 

9 extent possible, by the following: 

10 (1) Determinations of eligibility for national se11 curity-sensitive positions, separately noting— 

12 (A) the number of individuals granted ac13 cess to national security information; and 

14 (B) the number of individuals determined 

15 to be eligible for but not granted access to na16 tional security information. 

17 (2) Determinations of suitability or fitness for 

18 a public trust position. 

19 (3) Status as a Government employee, a con20 tractor employee, or other category. 

21 (c) ELIMINATION OF REPORT REQUIREMENT.—Sec22 tion 3001 of the Intelligence Reform and Terrorism Pre23 vention Act of 2004 (50 U.S.C. 3341) is amended by strik24 ing subsection (h). 
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1 SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAK2 NESSES OF TRUSTED WORKFORCE 2.0. 

3 Not later than 1 year after the date of the enactment 

4 of this Act, and once every 2 years thereafter until 2029, 

5 the Comptroller General of the United States shall admin6 ister a survey to such sample of Federal agencies, Federal 

7 contractors, and other persons that require security clear8 ances to access classified information as the Comptroller 

9 General considers appropriate to assess— 

10 (1) the strengths and weaknesses of the imple11 mentation of the Trusted Workforce 2.0 initiative; 

12 and 

13 (2) the effectiveness of vetting Federal per14 sonnel while managing risk during the onboarding of 

15 such personnel. 

16 SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR 

17 ACCESS TO CLASSIFIED INFORMATION SOLE18 LY BECAUSE OF PAST USE OF CANNABIS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) CANNABIS.—The term ‘‘cannabis’’ has the 

21 meaning given the term ‘‘marihuana’’ in section 102 

22 of the Controlled Substances Act (21 U.S.C. 802). 

23 (2) ELIGIBILITY FOR ACCESS TO CLASSIFIED

24 INFORMATION.—The term ‘‘eligibility for access to 

25 classified information’’ has the meaning given the 

26 term in the procedures established pursuant to sec-
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1 tion 801(a) of the National Security Act of 1947 (50 

2 U.S.C. 3161(a)). 

3 (b) PROHIBITION.—Notwithstanding any other provi4 sion of law, the head of an element of the intelligence com5 munity may not make a determination to deny eligibility 

6 for access to classified information to an individual based 

7 solely on the use of cannabis by the individual prior to 

8 the submission of the application for a security clearance 

9 by the individual. 

10 TITLE IX—ANOMALOUS HEALTH 

11 INCIDENTS 

12 SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAY13 MENTS MADE BY THE CENTRAL INTEL14 LIGENCE AGENCY FOR QUALIFYING INJU15 RIES TO THE BRAIN. 

16 Section 19A(d) of the Central Intelligence Agency 

17 Act of 1949 (50 U.S.C. 3519b(d)) is amended by striking 

18 paragraph (3) and inserting the following new paragraph: 

19 ‘‘(3) FUNDING.— 

20 ‘‘(A) IN GENERAL.—Payment under para21 graph (2) in a fiscal year may be made using 

22 any funds— 

23 ‘‘(i) appropriated in advance specifi24 cally for payments under such paragraph; 

25 or 
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1 ‘‘(ii) reprogrammed in accordance 

2 with section 504 of the National Security 

3 Act of 1947 (50 U.S.C. 3094). 

4 ‘‘(B) BUDGET.—For each fiscal year, the 

5 Director shall include with the budget justifica6 tion materials submitted to Congress in support 

7 of the budget of the President for that fiscal 

8 year pursuant to section 1105(a) of title 31, 

9 United States Code, an estimate of the funds 

10 required in that fiscal year to make payments 

11 under paragraph (2).’’. 

12 SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK 

13 CERTAIN BENEFITS RELATING TO INJURIES 

14 TO THE BRAIN. 

15 (a) IN GENERAL.—Section 19A(d)(5) of the Central 

16 Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) 

17 is amended— 

18 (1) by striking ‘‘Payments made’’ and inserting 

19 the following: 

20 ‘‘(A) IN GENERAL.—Payments made’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(B) RELATION TO CERTAIN FEDERAL

23 WORKERS COMPENSATION LAWS.—Without re24 gard to the requirements in sections (b) and 

25 (c), covered employees need not first seek bene-
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1 fits provided under chapter 81 of title 5, United 

2 States Code, to be eligible solely for payment 

3 authorized under paragraph (2) of this sub4 section.’’. 

5 (b) REGULATIONS.—Not later than 90 days after the 

6 date of the enactment of this Act, the Director of the Cen7 tral Intelligence Agency shall— 

8 (1) revise applicable regulations to conform 

9 with the amendment made by subsection (a); and 

10 (2) submit to the congressional intelligence 

11 committees, the Subcommittee on Defense of the 

12 Committee on Appropriations of the Senate, and the 

13 Subcommittee on Defense of the Committee on Ap14 propriations of the House of Representatives copies 

15 of such regulations, as revised pursuant to para16 graph (1). 

17 SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION 

18 OF HAVANA ACT OF 2021 AUTHORITIES. 

19 (a) REGULATIONS.—Except as provided in subsection 

20 (c), not later than 180 days after the date of the enact21 ment of this Act, each head of an element of the intel22 ligence community that has not already done so shall— 

23 (1) issue regulations and procedures to imple24 ment the authorities provided by section 19A(d) of 

25 the Central Intelligence Agency Act of 1949 (50 
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1 U.S.C. 3519b(d)) and section 901(i) of title IX of 

2 division J of the Further Consolidated Appropria3 tions Act, 2020 (22 U.S.C. 2680b(i)) to provide pay4 ments under such sections, to the degree that such 

5 authorities are applicable to the head of the element; 

6 and 

7 (2) submit to the congressional intelligence, the 

8 Subcommittee on Defense of the Committee on Ap9 propriations of the Senate, and the Subcommittee on 

10 Defense of the Committee on Appropriations of the 

11 House of Representatives committees copies of such 

12 regulations. 

13 (b) REPORTING.—Not later than 210 days after the 

14 date of the enactment of this Act, each head of an element 

15 of the intelligence community shall submit to the congres16 sional intelligence committees, the Subcommittee on De17 fense of the Committee on Appropriations of the Senate, 

18 and the Subcommittee on Defense of the Committee on 

19 Appropriations of the House of Representatives a report 

20 on— 

21 (1) the estimated number of individuals associ22 ated with their element that may be eligible for pay23 ment under the authorities described in subsection 

24 (a)(1); 
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1 (2) an estimate of the obligation that the head 

2 of the intelligence community element expects to 

3 incur in fiscal year 2025 as a result of establishing 

4 the regulations pursuant to subsection (a)(1); and 

5 (3) any perceived barriers or concerns in imple6 menting such authorities. 

7 (c) ALTERNATIVE REPORTING.—Not later than 180 

8 days after the date of the enactment of this Act, each head 

9 of an element of the intelligence community (other than 

10 the Director of the Central Intelligence Agency) who be11 lieves that the authorities described in subsection (a)(1) 

12 are not currently relevant for individuals associated with 

13 their element, or who are not otherwise in position to issue 

14 the regulations and procedures required by subsection 

15 (a)(1) shall provide written and detailed justification to 

16 the congressional intelligence committees, the Sub17 committee on Defense of the Committee on Appropriations 

18 of the Senate, and the Subcommittee on Defense of the 

19 Committee on Appropriations of the House of Representa20 tives to explain this position. 

21 SEC. 904. REPORT AND BRIEFING ON CENTRAL INTEL22 LIGENCE AGENCY HANDLING OF ANOMA23 LOUS HEALTH INCIDENTS. 

24 (a) DEFINITIONS.—In this section: 
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1 (1) AGENCY.—The term ‘‘Agency’’ means the 

2 Central Intelligence Agency. 

3 (2) QUALIFYING INJURY.—The term ‘‘quali4 fying injury’’ has the meaning given such term in 

5 section 19A(d)(1) of the Central Intelligence Agency 

6 Act of 1949 (50 U.S.C. 3519b(d)(1)). 

7 (b) IN GENERAL.—Not later than 60 days after the 

8 date of the enactment of this Act, the Director of the Cen9 tral Intelligence Agency shall submit to the congressional 

10 intelligence committees a report on the handling of anoma11 lous health incidents by the Agency. 

12 (c) CONTENTS.—The report required by subsection 

13 (b) shall include the following: 

14 (1) HAVANA ACT IMPLEMENTATION.— 

15 (A) An explanation of how the Agency de16 termines whether a reported anomalous health 

17 incident resulted in a qualifying injury or a 

18 qualifying injury to the brain. 

19 (B) The number of participants of the Ex20 panded Care Program of the Central Intel21 ligence Agency who— 

22 (i) have a certified qualifying injury or 

23 a certified qualifying injury to the brain; 

24 and 
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1 (ii) as of September 30, 2023, applied 

2 to the Expanded Care Program due to a 

3 reported anomalous health incident. 

4 (C) A comparison of the number of anoma5 lous health incidents reported by applicants to 

6 the Expanded Care Program that occurred in 

7 the United States and that occurred in a for8 eign country. 

9 (D) The specific reason each applicant was 

10 approved or denied for payment under the Ex11 panded Care Program. 

12 (E) The number of applicants who were 

13 initially denied payment but were later ap14 proved on appeal. 

15 (F) The average length of time, from the 

16 time of application, for an applicant to receive 

17 a determination from the Expanded Care Pro18 gram, aggregated by qualifying injuries and 

19 qualifying injuries to the brain. 

20 (2) PRIORITY CASES.— 

21 (A) A detailed list of priority cases of 

22 anomalous health incidents, including, for each 

23 incident, locations, dates, times, and cir24 cumstances. 
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1 (B) For each priority case listed in accord2 ance with subparagraph (A), a detailed expla3 nation of each credible alternative explanation 

4 that the Agency assigned to the incident, in5 cluding— 

6 (i) how the incident was discovered; 

7 (ii) how the incident was assigned 

8 within the Agency; and 

9 (iii) whether an individual affected by 

10 the incident is provided an opportunity to 

11 appeal the credible alternative explanation. 

12 (C) For each priority case of an anomalous 

13 health incident determined to be largely con14 sistent with the definition of ‘‘anomalous health 

15 incident’’ established by the National Academy 

16 of Sciences and for which the Agency does not 

17 have a credible alternative explanation, a de18 tailed description of such case. 

19 (3) ANOMALOUS HEALTH INCIDENT SEN20 SORS.— 

21 (A) A list of all types of sensors that the 

22 Agency has developed or deployed with respect 

23 to reports of anomalous health incidents, in24 cluding, for each type of sensor, the deployment 

25 location, the date and the duration of the em-
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1 ployment of such type of sensor, and, if applica2 ble, the reason for removal. 

3 (B) A list of entities to which the Agency 

4 has provided unrestricted access to data associ5 ated with anomalous health incidents. 

6 (C) A list of requests for support the 

7 Agency has received from elements of the Fed8 eral Government regarding sensor development, 

9 testing, or deployment, and a description of the 

10 support provided in each case. 

11 (D) A description of all emitter signatures 

12 obtained by sensors associated with anomalous 

13 health incidents in Agency holdings since 2016, 

14 including— 

15 (i) the identification of any of such 

16 emitters that the Agency prioritizes as a 

17 threat; and 

18 (ii) an explanation of such 

19 prioritization. 

20 (d) ADDITIONAL SUBMISSIONS.—Concurrent with 

21 the submission of the report required by subsection (b), 

22 the Director of the Central Intelligence Agency shall sub23 mit to the congressional intelligence committees, the Sub24 committee on Defense of the Committee on Appropriations 

25 of the Senate, and the Subcommittee on Defense of the 
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1 Committee on Appropriations of the House of Representa2 tives— 

3 (1) a template of each form required to apply 

4 for the Expanded Care Program, including with re5 spect to payments for a qualifying injury or a quali6 fying injury to the brain; 

7 (2) copies of internal guidance used by the 

8 Agency to adjudicate claims for the Expanded Care 

9 Program, including with respect to payments for a 

10 qualifying injury to the brain; 

11 (3) the case file of each applicant to the Ex12 panded Care Program who applied due to a reported 

13 anomalous health incident, including supporting 

14 medical documentation, with name and other identi15 fying information redacted; 

16 (4) copies of all informational and instructional 

17 materials provided to employees of and other individ18 uals affiliated with the Agency with respect to apply19 ing for the Expanded Care Program; and 

20 (5) copies of Agency guidance provided to em21 ployees of and other individuals affiliated with the 

22 Agency with respect to reporting and responding to 

23 a suspected anomalous health incident, and the roles 

24 and responsibilities of each element of the Agency 
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1 tasked with responding to a report of an anomalous 

2 health incident. 

3 (e) BRIEFING.—Not later than 90 days after the date 

4 of the enactment of this Act, the Director of the Central 

5 Intelligence Agency shall brief the congressional intel6 ligence committees, the Subcommittee on Defense of the 

7 Committee on Appropriations of the Senate, and the Sub8 committee on Defense of the Committee on Appropriations 

9 of the House of Representatives on the report. 

10 TITLE X—ELECTION SECURITY 

11 SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY 

12 TO UPHOLD RESPECT FOR ELECTIONS 

13 THROUGH INDEPENDENT TESTING ACT OF 

14 2023. 

15 (a) REQUIRING PENETRATION TESTING AS PART OF

16 THE TESTING AND CERTIFICATION OF VOTING SYS17 TEMS.—Section 231 of the Help America Vote Act of 

18 2002 (52 U.S.C. 20971) is amended by adding at the end 

19 the following new subsection: 

20 ‘‘(e) REQUIRED PENETRATION TESTING.— 

21 ‘‘(1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this subsection, 

23 the Commission shall provide for the conduct of pen24 etration testing as part of the testing, certification, 

25 decertification, and recertification of voting system 
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1 hardware and software by accredited laboratories 

2 under this section. 

3 ‘‘(2) ACCREDITATION.—The Director of the 

4 National Institute of Standards and Technology 

5 shall recommend to the Commission entities the Di6 rector proposes be accredited to carry out penetra7 tion testing under this subsection and certify compli8 ance with the penetration testing-related guidelines 

9 required by this subsection. The Commission shall 

10 vote on the accreditation of any entity recommended. 

11 The requirements for such accreditation shall be a 

12 subset of the requirements for accreditation of lab13 oratories under subsection (b) and shall only be 

14 based on consideration of an entity’s competence to 

15 conduct penetration testing under this subsection.’’. 

16 (b) INDEPENDENT SECURITY TESTING AND COORDI17 NATED CYBERSECURITY VULNERABILITY DISCLOSURE

18 PROGRAM FOR ELECTION SYSTEMS.— 

19 (1) IN GENERAL.—Subtitle D of title II of the 

20 Help America Vote Act of 2002 (42 U.S.C. 15401 

21 et seq.) is amended by adding at the end the fol22 lowing new part: 
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1 ‘‘PART 7—INDEPENDENT SECURITY TESTING AND 

2 COORDINATED CYBERSECURITY VULNER3 ABILITY DISCLOSURE PILOT PROGRAM FOR 

4 ELECTION SYSTEMS 

5 ‘‘SEC. 297. INDEPENDENT SECURITY TESTING AND COORDI6 NATED CYBERSECURITY VULNERABILITY 

7 DISCLOSURE PILOT PROGRAM FOR ELEC8 TION SYSTEMS. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) ESTABLISHMENT.—The Commission, in 

11 consultation with the Secretary, shall establish an 

12 Independent Security Testing and Coordinated Vul13 nerability Disclosure Pilot Program for Election Sys14 tems (VDP–E) (in this section referred to as the 

15 ‘program’) in order to test for and disclose cyberse16 curity vulnerabilities in election systems. 

17 ‘‘(2) DURATION.—The program shall be con18 ducted for a period of 5 years. 

19 ‘‘(3) REQUIREMENTS.—In carrying out the pro20 gram, the Commission, in consultation with the Sec21 retary, shall— 

22 ‘‘(A) establish a mechanism by which an 

23 election systems vendor may make their election 

24 system (including voting machines and source 

25 code) available to cybersecurity researchers par26 ticipating in the program; 
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1 ‘‘(B) provide for the vetting of cybersecu2 rity researchers prior to their participation in 

3 the program, including the conduct of back4 ground checks; 

5 ‘‘(C) establish terms of participation 

6 that— 

7 ‘‘(i) describe the scope of testing per8 mitted under the program; 

9 ‘‘(ii) require researchers to— 

10 ‘‘(I) notify the vendor, the Com11 mission, and the Secretary of any cy12 bersecurity vulnerability they identify 

13 with respect to an election system; 

14 and 

15 ‘‘(II) otherwise keep such vulner16 ability confidential for 180 days after 

17 such notification; 

18 ‘‘(iii) require the good faith participa19 tion of all participants in the program; 

20 ‘‘(iv) require an election system ven21 dor, within 180 days after validating noti22 fication of a critical or high vulnerability 

23 (as defined by the National Institute of 

24 Standards and Technology) in an election 

25 system of the vendor, to— 
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1 ‘‘(I) send a patch or propound 

2 some other fix or mitigation for such 

3 vulnerability to the appropriate State 

4 and local election officials, in con5 sultation with the researcher who dis6 covered it; and 

7 ‘‘(II) notify the Commission and 

8 the Secretary that such patch has 

9 been sent to such officials; 

10 ‘‘(D) in the case where a patch or fix to 

11 address a vulnerability disclosed under subpara12 graph (C)(ii)(I) is intended to be applied to a 

13 system certified by the Commission, provide— 

14 ‘‘(i) for the expedited review of such 

15 patch or fix within 90 days after receipt by 

16 the Commission; and 

17 ‘‘(ii) if such review is not completed 

18 by the last day of such 90 day period, that 

19 such patch or fix shall be deemed to be 

20 certified by the Commission, subject to any 

21 subsequent review of such determination 

22 by the Commission; and 

23 ‘‘(E) 180 days after the disclosure of a 

24 vulnerability under subparagraph (C)(ii)(I), no25 tify the Director of the Cybersecurity and In-
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1 frastructure Security Agency of the vulner2 ability for inclusion in the database of Common 

3 Vulnerabilities and Exposures. 

4 ‘‘(4) VOLUNTARY PARTICIPATION; SAFE HAR5 BOR.— 

6 ‘‘(A) VOLUNTARY PARTICIPATION.—Par7 ticipation in the program shall be voluntary for 

8 election systems vendors and researchers. 

9 ‘‘(B) SAFE HARBOR.—When conducting 

10 research under this program, such research and 

11 subsequent publication shall be considered to 

12 be: 

13 ‘‘(i) Authorized in accordance with 

14 section 1030 of title 18, United States 

15 Code (commonly known as the ‘Computer 

16 Fraud and Abuse Act’), (and similar state 

17 laws), and the election system vendor will 

18 not initiate or support legal action against 

19 the researcher for accidental, good faith 

20 violations of the program. 

21 ‘‘(ii) Exempt from the anti-circumven22 tion rule of section 1201 of title 17, United 

23 States Code (commonly known as the ‘Dig24 ital Millennium Copyright Act’), and the 

25 election system vendor will not bring a 
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1 claim against a researcher for circumven2 tion of technology controls. 

3 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

4 in this paragraph may be construed to limit or 

5 otherwise affect any exception to the general 

6 prohibition against the circumvention of techno7 logical measures under subparagraph (A) of 

8 section 1201(a)(1) of title 17, United States 

9 Code, including with respect to any use that is 

10 excepted from that general prohibition by the 

11 Librarian of Congress under subparagraphs (B) 

12 through (D) of such section 1201(a)(1). 

13 ‘‘(5) EXEMPT FROM DISCLOSURE.—Cybersecu14 rity vulnerabilities discovered under the program 

15 shall be exempt from section 552 of title 5, United 

16 States Code (commonly referred to as the Freedom 

17 of Information Act). 

18 ‘‘(6) DEFINITIONS.—In this subsection: 

19 ‘‘(A) CYBERSECURITY VULNERABILITY.— 

20 The term ‘cybersecurity vulnerability’ means, 

21 with respect to an election system, any security 

22 vulnerability that affects the election system. 

23 ‘‘(B) ELECTION INFRASTRUCTURE.—The 

24 term ‘election infrastructure’ means— 
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1 ‘‘(i) storage facilities, polling places, 

2 and centralized vote tabulation locations 

3 used to support the administration of elec4 tions for public office; and 

5 ‘‘(ii) related information and commu6 nications technology, including— 

7 ‘‘(I) voter registration databases; 

8 ‘‘(II) election management sys9 tems; 

10 ‘‘(III) voting machines; 

11 ‘‘(IV) electronic mail and other 

12 communications systems (including 

13 electronic mail and other systems of 

14 vendors who have entered into con15 tracts with election agencies to sup16 port the administration of elections, 

17 manage the election process, and re18 port and display election results); and 

19 ‘‘(V) other systems used to man20 age the election process and to report 

21 and display election results on behalf 

22 of an election agency. 

23 ‘‘(C) ELECTION SYSTEM.—The term ‘elec24 tion system’ means any information system that 

25 is part of an election infrastructure, including 
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1 any related information and communications 

2 technology described in subparagraph (B)(ii). 

3 ‘‘(D) ELECTION SYSTEM VENDOR.—The 

4 term ‘election system vendor’ means any person 

5 providing, supporting, or maintaining an elec6 tion system on behalf of a State or local elec7 tion official. 

8 ‘‘(E) INFORMATION SYSTEM.—The term 

9 ‘information system’ has the meaning given the 

10 term in section 3502 of title 44, United States 

11 Code. 

12 ‘‘(F) SECRETARY.—The term ‘Secretary’ 

13 means the Secretary of Homeland Security. 

14 ‘‘(G) SECURITY VULNERABILITY.—The 

15 term ‘security vulnerability’ has the meaning 

16 given the term in section 102 of the Cybersecu17 rity Information Sharing Act of 2015 (6 U.S.C. 

18 1501).’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents of such Act is amended by adding at the end 

21 of the items relating to subtitle D of title II the fol22 lowing: 

‘‘PART 7—INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY VULNERABILITY DISCLOSURE PROGRAM FOR ELECTION SYSTEMS

‘‘Sec. 297. Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems.’’. 
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1 TITLE XI—OTHER MATTERS 

2 SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT 

3 FOR ALL-DOMAIN ANOMALY RESOLUTION OF4 FICE. 

5 Section 1683(k)(1) of the National Defense Author6 ization Act for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), 

7 as amended by section 6802(a) of the Intelligence Author8 ization Act for Fiscal Year 2023 (Public Law 117–263), 

9 is amended— 

10 (1) in the heading, by striking ‘‘DIRECTOR OF

11 NATIONAL INTELLIGENCE AND SECRETARY OF DE12 FENSE’’ and inserting ‘‘ALL-DOMAIN ANOMALY RES13 OLUTION OFFICE’’; and 

14 (2) in subparagraph (A), by striking ‘‘Director 

15 of National Intelligence and the Secretary of De16 fense shall jointly’’ and inserting ‘‘Director of the 

17 Office shall’’. 

18 SEC. 1102. FUNDING LIMITATIONS RELATING TO UNIDENTI19 FIED ANOMALOUS PHENOMENA. 

20 (a) DEFINITIONS.—In this section: 

21 (1) APPROPRIATE COMMITTEES OF CON22 GRESS.—The term ‘‘appropriate committees of Con23 gress’’ means— 

24 (A) the Select Committee on Intelligence, 

25 the Committee on Armed Services, and the 
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1 Committee on Appropriations of the Senate; 

2 and 

3 (B) the Permanent Select Committee on 

4 Intelligence, the Committee on Armed Services, 

5 and the Committee on Appropriations of the 

6 House of Representatives. 

7 (2) CONGRESSIONAL LEADERSHIP.—The term 

8 ‘‘congressional leadership’’ means— 

9 (A) the majority leader of the Senate; 

10 (B) the minority leader of the Senate; 

11 (C) the Speaker of the House of Rep12 resentatives; and 

13 (D) the minority leader of the House of 

14 Representatives. 

15 (3) DIRECTOR.—The term ‘‘Director’’ means 

16 the Director of the All-domain Anomaly Resolution 

17 Office. 

18 (4) UNIDENTIFIED ANOMALOUS PHENOMENA.— 

19 The term ‘‘unidentified anomalous phenomena’’ has 

20 the meaning given such term in section 1683(n) of 

21 the National Defense Authorization Act for Fiscal 

22 Year 2022 (50 U.S.C. 3373(n)), as amended by sec23 tion 6802(a) of the Intelligence Authorization Act 

24 for Fiscal Year 2023 (Public Law 117–263). 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that, due to the increasing potential for technology 

3 surprise from foreign adversaries and to ensure sufficient 

4 integration across the United States industrial base and 

5 avoid technology and security stovepipes— 

6 (1) the United States industrial base must re7 tain its global lead in critical advanced technologies; 

8 and 

9 (2) the Federal Government must expand 

10 awareness about any historical exotic technology 

11 antecedents previously provided by the Federal Gov12 ernment for research and development purposes. 

13 (c) LIMITATIONS.—No amount authorized to be ap14 propriated by this Act may be obligated or expended, di15 rectly or indirectly, in part or in whole, for, on, in relation 

16 to, or in support of activities involving unidentified anoma17 lous phenomena protected under any form of special ac18 cess or restricted access limitations that have not been for19 mally, officially, explicitly, and specifically described, ex20 plained, and justified to the appropriate committees of 

21 Congress, congressional leadership, and the Director, in22 cluding for any activities relating to the following: 

23 (1) Recruiting, employing, training, equipping, 

24 and operations of, and providing security for, gov25 ernment or contractor personnel with a primary, sec-
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1 ondary, or contingency mission of capturing, recov2 ering, and securing unidentified anomalous phe3 nomena craft or pieces and components of such 

4 craft. 

5 (2) Analyzing such craft or pieces or compo6 nents thereof, including for the purpose of deter7 mining properties, material composition, method of 

8 manufacture, origin, characteristics, usage and ap9 plication, performance, operational modalities, or re10 verse engineering of such craft or component tech11 nology. 

12 (3) Managing and providing security for pro13 tecting activities and information relating to uniden14 tified anomalous phenomena from disclosure or com15 promise. 

16 (4) Actions relating to reverse engineering or 

17 replicating unidentified anomalous phenomena tech18 nology or performance based on analysis of materials 

19 or sensor and observational information associated 

20 with unidentified anomalous phenomena. 

21 (5) The development of propulsion technology, 

22 or aerospace craft that uses propulsion technology, 

23 systems, or subsystems, that is based on or derived 

24 from or inspired by inspection, analysis, or reverse 
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1 engineering of recovered unidentified anomalous phe2 nomena craft or materials. 

3 (6) Any aerospace craft that uses propulsion 

4 technology other than chemical propellants, solar 

5 power, or electric ion thrust. 

6 (d) NOTIFICATION AND REPORTING.—Any person 

7 currently or formerly under contract with the Federal 

8 Government that has in their possession material or infor9 mation provided by or derived from the Federal Govern10 ment relating to unidentified anomalous phenomena that 

11 formerly or currently is protected by any form of special 

12 access or restricted access shall— 

13 (1) not later than 60 days after the date of the 

14 enactment of this Act, notify the Director of such 

15 possession; and 

16 (2) not later than 180 days after the date of 

17 the enactment of this Act, make available to the Di18 rector for assessment, analysis, and inspection— 

19 (A) all such material and information; and 

20 (B) a comprehensive list of all non-earth 

21 origin or exotic unidentified anomalous phe22 nomena material. 

23 (e) LIABILITY.—No criminal or civil action may lie 

24 or be maintained in any Federal or State court against 

25 any person for receiving material or information described 
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1 in subsection (d) if that person complies with the notifica2 tion and reporting provisions described in such subsection. 

3 (f) LIMITATION REGARDING INDEPENDENT RE4 SEARCH AND DEVELOPMENT.— 

5 (1) IN GENERAL.—Consistent with Department 

6 of Defense Instruction Number 3204.01 (dated Au7 gust 20, 2014, incorporating change 2, dated July 

8 9, 2020; relating to Department policy for oversight 

9 of independent research and development), inde10 pendent research and development funding relating 

11 to material or information described in subsection 

12 (c) shall not be allowable as indirect expenses for 

13 purposes of contracts covered by such instruction, 

14 unless such material and information is made avail15 able to the Director in accordance with subsection 

16 (d). 

17 (2) EFFECTIVE DATE AND APPLICABILITY.— 

18 Paragraph (1) shall take effect on the date that is 

19 60 days after the date of the enactment of this Act 

20 and shall apply with respect to funding from 

21 amounts appropriated before, on, or after such date. 

22 (g) NOTICE TO CONGRESS.—Not later than 30 days 

23 after the date on which the Director has received a notifi24 cation under paragraph (1) of subsection (d) or informa25 tion or material under paragraph (2) of such subsection, 
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1 the Director shall provide written notification of such re2 ceipt to the appropriate committees of Congress, the Com3 mittee on Homeland Security and Governmental Affairs 

4 of the Senate, the Committee on Oversight and Account5 ability of the House of Representatives, and congressional 

6 leadership. 

Passed the Senate July 27, 2023. 

Attest: 

Secretary. 

118TH CONGRESS 

1ST SESSION S. 2226 

AN ACT 

To authorize appropriations for fiscal year 2024 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense