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(A) in subparagraph (A), by striking ‘‘; 
or’’ and inserting a semicolon; 
(B) in subparagraph (B), by striking the 
closing period and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) in the case of an unrestricted officer who 
has been designated with a cyberspace occupational 
specialty, the period of obligated service specified in 
such contract or agreement.’’. 
(b) MINIMUM SERVICE REQUIREMENT FOR CERTAIN 
CYBERSPACE OCCUPATIONAL SPECIALTIES.—Chapter 37 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 658. Minimum service requirement for certain 
cyberspace occupational specialties 
‘‘(a) CYBERSPACE OPERATIONS OFFICER.—The min-
imum service obligation for any member who successfully 
completes training in the armed forces in direct accession 
to the cyberspace operations officer occupational specialty 
of the Marine Corps shall be eight years. 
‘‘(b) SERVICE OBLIGATION DEFINED.—In this sec-
tion, the term ‘service obligation’ means the period of ac-
tive duty or, in the case of a member of a reserve compo-
nent who completed cyberspace operations training in an 
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active duty for training status as a member of a reserve 
component, the period of service in an active status in the 
Selected Reserve, required to be served after completion 
of cyberspace operations training.’’. 
SEC. 1523. MODIFICATIONS TO RATES OF PAY FOR CERTAIN 
CYBER-RELATED 
POSITIONS 
OF 
DEPART-
MENT OF DEFENSE. 
Section 1599f of title 10, United States Code, is 
amended— 
(1) in the heading, by striking ‘‘United 
States Cyber Command’’ and inserting ‘‘De-
partment of Defense cyber’’; 
(2) in subsection (a)(1)(A), by striking ‘‘respon-
sibilities of the United States Cyber Command’’ and 
all that follows and inserting ‘‘cyber mission of the 
Department of Defense;’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) BASIC PAY; SPECIAL RATES OF PAY.—(1) The 
Secretary shall fix the rates of basic pay for any qualified 
position established under subsection (a) in relation to the 
rates of pay provided for employees in comparable posi-
tions in the Department. 
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‘‘(2)(A) Notwithstanding part III of title 5, the Sec-
retary may, for one or more categories of qualified posi-
tions that require cyber expertise— 
‘‘(i) establish higher minimum rates of pay 
than those established under paragraph (1); 
and 
‘‘(ii) make corresponding increases in all 
rates of pay of the pay range for each grade or 
level, subject to paragraph (3) or (4). 
‘‘(B) The rates of pay under subparagraph (A) 
shall be basic pay for the same purposes specified in 
section 5305(j) of title 5. 
‘‘(3) Except as provided in paragraph (4), a min-
imum rate of pay established for a category of positions 
under paragraph (2) may not exceed the maximum rate 
of basic pay (excluding any locality-based comparability 
payment under section 5304 of title 5 or similar provision 
of law) for the position in that category of positions with-
out the authority of paragraph (1) by more than 30 per-
cent, and no rate may be established under this section 
in excess of the rate of basic pay payable for level IV of 
the Executive Schedule under section 5315 of title 5. 
‘‘(4)(A) Notwithstanding paragraph (3), the Sec-
retary may establish higher annual limitations on special 
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rates of pay for positions or employees selected by the Sec-
retary as follows: 
‘‘(i) With respect to a qualified position that re-
quires cyber expertise for which the Secretary deter-
mines a higher rate is necessary, a rate of pay not 
to exceed the rate of basic pay payable for level II 
of the Executive Schedule under section 5313 of title 
5. 
‘‘(ii) With respect to an individual that the Sec-
retary determines, by name, possesses advanced 
skills and competencies and performs critical func-
tions that execute the cyber mission of the Depart-
ment, a rate not to exceed the rate of basic pay pay-
able for the Vice President under section 104 of title 
3. 
‘‘(B) Employees receiving a special rate under 
subparagraph (A) shall be subject to an aggregate 
pay limitation that parallels the limitation estab-
lished in section 5307 of title 5, except that— 
‘‘(i) any allowance, differential, bonus, 
award, or other similar cash payment in addi-
tion to basic pay that is authorized under this 
title, the applicable provisions of title 5, or any 
other applicable law (excluding the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.)) 
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shall be counted as part of aggregate compensa-
tion; and 
‘‘(ii) aggregate compensation may not ex-
ceed the rate established for the Vice President 
of the United States under section 104 of title 
3. 
‘‘(C) The number of individuals who receive 
basic pay established under subparagraph (A)(ii) 
may not exceed 1000 at any time. 
‘‘(5) If the Secretary of Defense removes a category 
of positions from coverage under a rate of pay authorized 
by paragraph (2) or (4) after that rate of pay takes ef-
fect— 
‘‘(A) the Secretary of Defense shall provide no-
tice of the loss of coverage of the special rate of pay 
to each individual in such category; and 
‘‘(B) the loss of coverage will take effect on the 
first day of the first pay period after the date of the 
notice. 
‘‘(6) Subject to the limitations in this subsection, 
rates of pay established under this subsection by the Sec-
retary of Defense may be revised from time to time.’’; and 
(4) in subsection (k)(5), by striking ‘‘the re-
sponsibilities of the United States Cyber Command 
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relating to cyber operations’’ and inserting ‘‘the 
cyber mission of the Department of Defense’’. 
SEC. 1524. RESPONSIBILITY FOR CYBERSECURITY AND 
CRITICAL 
INFRASTRUCTURE 
PROTECTION 
OF THE DEFENSE INDUSTRIAL BASE. 
Section 1724 of the National Defense Authorization 
Act for Fiscal Year 2021 (116–283; 10 U.S.C. 2224 note) 
is amended— 
(1) in subsection (b), by striking ‘‘The Sec-
retary of Defense shall designate the Principal Cyber 
Advisor of the Department of Defense’’ and insert-
ing ‘‘Not later than 30 days after the date of the en-
actment of the National Defense Authorization Act 
for Fiscal Year 2024, the Secretary of Defense shall 
designate a principal staff assistant from within the 
Office of the Secretary of Defense who shall serve’’; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘the Principal Cyber Advisor of the 
Department of Defense’’ and inserting ‘‘the 
principal staff assistant designed under sub-
section (b)’’; and 
(B) in paragraph (1), by striking ‘‘Sector 
Specific Agency’’ and inserting ‘‘Sector Risk 
Management Agency’’; 
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(3) in subsection (d), by striking ‘‘Principal 
Cyber Advisor of the Department of Defense’’ and 
inserting ‘‘principal staff assistant designated under 
subsection (b)’’; and 
(4) in subsection (e)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘this Act’’ and inserting ‘‘the Na-
tional Defense Authorization Act for Fiscal 
Year 2024’’; 
(B) in paragraph (2), by striking ‘‘Sector 
Specific Agency functions under Presidential 
Policy Directive-21 from non-cybersecurity Sec-
tor Specific Agency functions’’ and inserting 
‘‘functions of a Sector Risk Management Agen-
cy pursuant to section 9002 of the National De-
fense Authorization Act for Fiscal Year 2021 (6 
U.S.C. 652a) from non-cybersecurity functions 
of a Sector Risk Management Agency’’; and 
(C) by striking paragraph (3). 
Subtitle C—Reports and Other 
Matters 
SEC. 1531. OVERSIGHT FOR COMMAND POST COMPUTING 
ENVIRONMENT CONTRACT AWARD. 
Not later than 14 days after the date on which the 
Secretary of the Army awards a contract for the procure-
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ment of the ‘‘Command Post Computing Environment’’ 
program, the Secretary shall provide to the congressional 
defense committees a written notification of the award, in-
cluding an identification of the criteria used in the selec-
tion of the award recipient and any other information de-
termined necessary by the Secretary. 
SEC. 1532. PROHIBITION ON AVAILABILITY OF FUNDS RE-
LATING TO CENSORSHIP OR BLACKLISTING 
OF NEWS SOURCES BASED ON SUBJECTIVE 
CRITERIA OR POLITICAL BIASES. 
(a) PROHIBITION ON AVAILABILITY OF FUNDS.— 
None of the funds authorized to be appropriated by this 
Act or otherwise made available for any fiscal year for the 
Department of Defense may be obligated or expended to— 
(1) enter into any contract or other agreement 
with any entity described in subsection (b) or with 
any advertising or marketing agency that uses the 
functions described in subsection (b)(4) of such an 
entity; or 
(2) provide any form of support to an entity de-
scribed in subsection (b). 
(b) ENTITIES DESCRIBED.—The entities described in 
this subsection are the following: 
(1) NewsGuard Technologies Inc., or any com-
pany owned or controlled by such entity. 
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(2) The Global Disinformation Index, incor-
porated in the United Kingdom as ‘‘Disinformation 
Index LTD’’. 
(3) Graphika Technologies Inc. or any company 
owned or controlled by such entity. 
(4) Any other entity the function of which is to 
advise the censorship or blacklisting of news sources 
based on subjective criteria or political biases, under 
the stated function of ‘‘fact checking’’ or otherwise 
removing ‘‘misinformation’’. 
(c) CERTIFICATION REQUIREMENT.—Prior to the 
Secretary of Defense entering into any contract or other 
agreement (or extending, renewing, or otherwise modifying 
an existing contract or other agreement) with an entity 
for the purpose of that entity implementing military re-
cruitment advertisements on behalf of the Department of 
Defense, the Secretary shall require, as a condition of such 
contract or agreement, that the entity certify to the Sec-
retary that the entity is in compliance with subsection (a). 
SEC. 1533. GAO REVIEW OF CYBERSPACE OPERATIONS 
MANAGEMENT. 
(a) REVIEW.—Not later than 150 days after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall conduct a comprehensive review 
of the management by the Secretary of Defense of matters 
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relating to the conduct of, and preparation for, cyberspace 
operations. 
(b) ELEMENTS.—The review under subsection (a) 
shall include an evaluation and assessment by the Comp-
troller General of the following: 
(1) The number of commands, organizations, 
units, and personnel (including an identification of 
the rank and grade thereof) responsible for con-
ducting cyberspace operations across the Depart-
ment of Defense. 
(2) The command and control relationships as-
sociated with such commands, organizations, units, 
and personnel. 
(3) The number of command staff, secretariats, 
organizations, units, and personnel (including an 
identification of the rank and grade thereof) with 
any responsibility for budgetary, personnel, policy, 
or training matters, including the management of 
such matters, affecting cyberspace operations across 
the Department of Defense. 
(4) The ratio of personnel specified in para-
graph (1) determined to be fully trained and quali-
fied, as defined by the Commander of the United 
States Cyber Command, relative to the total number 
of such personnel assigned to operational billets. 
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(5) The ratio of personnel specified in para-
graph (3), relative to the total number of personnel 
assigned to billets within the Cyber Mission Force of 
the United States Cyber Command. 
(6) How the ratio determined pursuant to para-
graph (5) with respect to the personnel described in 
such paragraph compares to such ratio with respect 
to personnel in other warfighting disciplines, such as 
air-to-air combat, infantry operations, or long range 
fires. 
(7) An assessment of potential duplication in 
effort or cost between the various entities specified 
in paragraph (3) with any responsibility for budg-
etary, personnel, policy, or training matters, includ-
ing the management of such matters, affecting 
cyberspace operations across the Department of De-
fense. 
(8) The extent to which there is a senior official 
of the Department of Defense who is accountable to 
the Secretary of Defense to ensure that the Depart-
ment of Defense has an effective and efficient force 
structure, and has trained and ready forces, nec-
essary to conduct cyberspace operations at all eche-
lons (including strategic, operational, and tactical 
echelons). 
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(9) Any other matters the Comptroller General 
determines appropriate. 
(c) COMPONENTS TO BE CONSIDERED.—In carrying 
out the review under subsection (a), the Comptroller Gen-
eral shall take into consideration, at a minimum, the fol-
lowing: 
(1) Office of the Department of Defense Prin-
cipal Cyber Advisor. 
(2) Office of the Department of Defense Chief 
Information Officer. 
(3) Office of the Deputy Assistant Secretary of 
Defense for Cyber Policy. 
(4) Office of the Deputy Director for Global 
Operations, J-39, Joint Staff. 
(5) Office of the Director, Command, Control, 
Communications and Computers/Cyber and Chief 
Information Officer, J-6, Joint Staff. 
(6) Office of the Department of the Army Prin-
cipal Cyber Advisor. 
(7) Office of the Army Deputy Chief of Staff, 
G-3/5/7. 
(8) Office of the Army Deputy Chief of Staff, 
G-2. 
(9) Office of the Army Deputy Chief of Staff, 
G-6. 
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(d) INTERIM BRIEFINGS.—Not later than 45 days 
after the date of the enactment of this Act, and every 45 
days thereafter until the date of the final submission 
under subsection (e), the Comptroller General shall pro-
vide to the congressional defense committees interim brief-
ings on the assessment under subsection (a). 
(e) FINAL SUBMISSION OF RESULTS.—The Comp-
troller General shall submit to the congressional defense 
committees the final results of the assessment under sub-
section (a) in such form and at such time as may be mutu-
ally agreed upon by the Comptroller General and the com-
mittees. 
SEC. 1534. STUDY ON OCCUPATIONAL RESILIENCY OF 
CYBER MISSION FORCE. 
(a) STUDY.—Not later than 180 days after the date 
of the enactment of this Act, the Principal Cyber Advisor 
of the Department of Defense and the Undersecretary of 
Defense for Personnel and Readiness, in coordination with 
the principal cyber advisors of the military departments 
and the Commander of the United States Cyber Com-
mand, shall conduct a study on the personnel and re-
sources required to enhance and support the occupational 
resiliency of the Cyber Mission Force. 
(b) ELEMENTS.—The study under subsection (a) 
shall include the following: 
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(1) An inventory of the resources and programs 
available to personnel assigned to the Cyber Mission 
Force, disaggregated by Armed Force and location. 
(2) An assessment of the risk to the occupa-
tional resiliency of such personnel relative to the re-
spective operational work role within the Cyber Mis-
sion Force (as defined by the Commander of the 
United States Cyber Command) and the number of 
such personnel available to perform operations in 
each such category of operational work role. 
(3) An evaluation of the extent to which per-
sonnel assigned to the Cyber Mission Force have 
been made aware of the resources and programs re-
ferred to in paragraph (1), and of measures required 
to improve such awareness. 
(4) A determination by the Commander of the 
United States Cyber Command regarding the ade-
quacy and accessibility of such resources and pro-
grams for personnel assigned to the Cyber Mission 
Force. 
(5) Such other matters as may be determined 
necessary by the Principal Cyber Advisor of the De-
partment of Defense and the Undersecretary of De-
fense for Personnel and Readiness. 
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(c) SUBMISSION TO CONGRESS.—Upon completing 
the study under subsection (a), the Principal Cyber Advi-
sor of the Department of Defense and the Undersecretary 
of Defense for Personnel and Readiness shall submit to 
the congressional defense committees a report containing 
the results of such study. 
(d) OCCUPATIONAL RESILIENCY DEFINED.—In this 
section, the term ‘‘occupational resiliency’’ means, with re-
spect to personnel assigned to the Cyber Mission Force, 
the ability of such personnel to mitigate the unique psy-
chological factors that contribute to the degradation of 
mental health and job performance under such assign-
ment. 
SEC. 1535. REPORT ON INFORMATION OPERATIONS CAPA-
BILITIES OF RUSSIA. 
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the effectiveness of the information operations 
capabilities of Russia poses a threat not only to the oper-
ations of the United States, but to those of the allies and 
partners of the United States. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense, in co-
ordination with the Secretary of State and the Director 
of National Intelligence, shall submit to the appropriate 
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congressional committees a report containing the fol-
lowing: 
(1) An assessment of the information oper-
ations capabilities of Russia, including attributable, 
non-attributable, and deliberately misleading sources 
in and related to Ukraine. 
(2) An assessment of the efforts taken by the 
Secretary of Defense, and by the information oper-
ations components of the armed forces of partners 
and allies of the United States, to target and other-
wise coordinate efforts against Russian military in-
formation operations. 
(c) FORM.—The report under subsection (b) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the congressional defense committees; 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives; and 
(3) the Select Committee on Intelligence of the 
Senate. 
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SEC. 1536. REPORT ON STATE NATIONAL GUARD CYBER 
UNITS. 
The Secretary of Defense shall submit to the congres-
sional defense committees a report on the feasibility of es-
tablishing a cyber unit in every National Guard of a State 
to ensure the ability of a State to quickly respond to cyber- 
attacks in such State. 
SEC. 1537. REPORT ON TECHNOLOGY MODERNIZATION FOR 
THE ARMY HUMAN RESOURCES COMMAND 
2030 TRANSFORMATION PLAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the 
Army shall submit to the congressional defense commit-
tees a report on the Human Resources Command 2030 
Transformation Plan of the Army that includes— 
(1) an estimated timeline for the completion of 
the implementation milestones of the Plan; and 
(2) an identification of future resource needs 
relating to the modernization of legacy information 
technology systems. 
(b) LEGACY INFORMATION TECHNOLOGY SYSTEM 
DEFINED.—In this section, the term ‘‘legacy information 
technology system’’ has the meaning given the term in sec-
tion 1076 of the National Defense Authorization Act for 
Fiscal Year 2018 (Public Law 115–91; 40 U.S.C. 11301 
note). 
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SEC. 1538. ASSESSMENT OF INNOVATIVE DATA ANALYSIS 
AND 
INFORMATION 
TECHNOLOGY 
SOLU-
TIONS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report con-
taining the results of an assessment of the implementation 
by the Department of Defense of innovative data analysis 
and information technology solutions that could improve 
risk management, agility, and capabilities for strategic de-
fense purposes. 
SEC. 1539. REPORT ON MODERNIZED MULTILEVEL SECU-
RITY SYSTEM. 
(a) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in consultation with the Director of National Intelligence 
and in coordination with the Commander of the United 
States Indo-Pacific Command and the commanders of 
such other combatant commands as the Secretary may de-
termine appropriate, shall submit to the congressional de-
fense committees a report on migrating the classified net-
works of the Department of Defense and the intelligence 
community, respectively, into a modernized multilevel se-
curity system. 
(b) MATTERS.—The report under subsection (a) shall 
include the following: 
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(1) An assessment of how to leverage commer-
cially available or existing Government off-the shelf 
technology solutions to achieve the migration de-
scribed in such subsection. 
(2) An assessment of constraints posed by the 
policies of the Department of Defense and the intel-
ligence community, respectively, preventing the rapid 
adoption of such technology solutions, including with 
respect to hardware and software solutions. 
(3) Recommendations for updating such policies 
to grant members of the Armed Forces and intel-
ligence analysts access to more secure tools for the 
rapid dissemination, integration, and storage of in-
formation containing both unclassified and classified 
components (also referred to as ‘‘mixed informa-
tion’’) from multiple networks and sources concur-
rently, regardless of originating network classifica-
tion. 
(4) An opinion from the Commander of the 
United States Indo-Pacific Command (with the op-
tion of including an opinion from the commander of 
any other combatant command determined appro-
priate by the Secretary) with respect to the level of 
importance associated with achieving the migration 
described in subsection (a). 
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(c) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
(d) INTELLIGENCE COMMUNITY DEFINED.—In this 
section, the term ‘‘intelligence community’’ has the mean-
ing given that term in section 3 of the National Security 
Act of 1947 (50 U.S.C. 3003). 
TITLE XVI—SPACE ACTIVITIES, 
STRATEGIC PROGRAMS, AND 
INTELLIGENCE MATTERS 
Subtitle A—Space Activities 
SEC. 1601. CLASSIFICATION REVIEW OF SPACE MAJOR DE-
FENSE ACQUISITION PROGRAMS. 
Chapter 135 of title 10, United States Code, is 
amended by inserting after section 2275a the following 
new section: 
‘‘§ 2275b. Requirements for appropriate classification 
guidance. 
‘‘(a) IN GENERAL.—Before a space major defense ac-
quisition program achieves Milestone B approval, or equiv-
alent, the milestone decision authority shall determine 
whether the classification guidance for the program re-
mains appropriate and— 
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‘‘(1) if such guidance is determined to be ap-
propriate, submit to the congressional defense com-
mittees a certification of such determination; or 
‘‘(2) if such guidance is determined to be inap-
propriate, initiate an update to such guidance. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Milestone B approval’ has the 
meaning given such term in section 4172(e)(7) of 
this title. 
‘‘(2) The term ‘major defense acquisition pro-
gram’ has the meaning given such term in section 
4201 of this title. 
‘‘(3) The term ‘space major defense acquisition 
program’ means a major defense acquisition pro-
gram for the acquisition of a satellite, ground sys-
tem, or command and control system.’’. 
SEC. 1602. ENHANCED AUTHORITY TO INCREASE SPACE 
LAUNCH 
CAPACITY 
THROUGH 
SPACE 
LAUNCH SUPPORT SERVICES. 
Chapter 135 of title 10, United States Code, is 
amended by inserting after section 2276 the following new 
section: 
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‘‘§ 2276b. Special authority for provision of space 
launch support services to increase space 
launch capacity 
‘‘(a) IN GENERAL.—The Secretary of a military de-
partment, pursuant to the authorities in this section or 
any other provision of law, may increase Federal and com-
mercial space launch capacity on any domestic real prop-
erty under the control of the Secretary through the provi-
sion of space launch support services. 
‘‘(b) PROVISION OF LAUNCH EQUIPMENT AND SERV-
ICES TO COMMERCIAL ENTITIES.— 
‘‘(1) AGREEMENT AUTHORITY.—The Secretary 
concerned may enter into contracts or other trans-
actions with commercial entities that intend to con-
duct space launch activities on a military installation 
under the jurisdiction of the Secretary. Any such 
agreement may include the provision of supplies, 
services, equipment, and construction needed for 
commercial space launch. 
‘‘(2) AGREEMENT COSTS.— 
‘‘(A) DIRECT COSTS.—An agreement en-
tered into under paragraph (1) shall include a 
provision that requires the commercial entity 
entering into the agreement to reimburse the 
Department of Defense for all direct costs to 
the United States that are associated with the 
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goods, services, and equipment provided to the 
commercial entity under the agreement. 
‘‘(B) INDIRECT COSTS.—In addition, the 
contract may include a provision that requires 
the commercial entity to reimburse the Depart-
ment of Defense for such indirect costs as the 
Secretary concerned considers to be appro-
priate. In such a case, the contract may provide 
for the recovery of indirect costs through estab-
lishment of a rate, fixed price, or similar mech-
anism the Secretary concerned finds reasonable. 
‘‘(3) RETENTION OF FUNDS COLLECTED FROM 
COMMERCIAL
USERS.—Amounts collected from a 
commercial entity pursuant to paragraph (2) shall 
be credited to the appropriation accounts under 
which the costs associated with the agreement (di-
rect and indirect) were incurred. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) SPACE LAUNCH.—The term ‘space launch’ 
includes all activities, supplies, equipment, facilities, 
or services supporting launch preparation, launch, 
reentry, recovery, and other launch-related activities 
for both the payload and the space transportation 
vehicle. 
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‘‘(2) COMMERCIAL
ENTITY.—The term ‘com-
mercial entity’ or ‘commercial’ means a non-Federal 
entity organized under the laws of the United States 
or of any jurisdiction within the United States. 
‘‘(d) TRANSITION LIMITATIONS AND REPORTING RE-
QUIREMENTS.—For fiscal years 2024, 2025, and 2026, 
the Secretary concerned shall— 
‘‘(1) limit indirect costs reimbursed pursuant to 
subsection (b)(2)(B) to no more than 30 percent, 
not to exceed $5,000,000 annually, of total direct 
cost reimbursements required under any agreement 
authorized by subsection (b); and 
‘‘(2) not later than 90 days after each such fis-
cal year, submit to each of the congressional defense 
committees a briefing that— 
‘‘(A) identifies total direct and indirect 
amount reimbursed to each spaceport for the 
prior fiscal year; 
‘‘(B) describes support provided by reim-
bursed indirect costs for the prior fiscal year; 
and 
‘‘(C) identifies indirect rate and analysis 
used to determine the indirect rate for the next 
fiscal year.’’. 
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SEC. 1603. MODIFICATION TO PROHIBITION ON FOREIGN 
COMMERCIAL SATELLITE SERVICES. 
Section 2279(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) the foreign entity plans to or is expected 
to receive satellite communication services and data 
downlinked to ground stations located within sov-
ereign territories shared via treaty with a covered 
foreign country.’’. 
SEC. 1604. AUTHORIZATION FOR ESTABLISHMENT OF THE 
NATIONAL SPACE INTELLIGENCE CENTER AS 
A FIELD OPERATING AGENCY. 
Notwithstanding any other provision of law prohib-
iting the establishment of a field operating agency, the 
Secretary of the Air Force may establish the National 
Space Intelligence Center as a field operating agency of 
the Space Force to analyze and produce scientific and 
technical intelligence on space-based and counterspace 
threats from foreign adversaries. 
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SEC. 1605. LIMITATION ON USE OF FUNDS FOR WGS-12 SAT-
ELLITE. 
(a) PROHIBITION ON PROCUREMENT PENDING CER-
TIFICATION REGARDING COMMERCIAL PROVIDERS.—The 
Secretary of the Air Force may not issue a contract for 
the procurement of a WGS-12 satellite until the Assistant 
Secretary of the Air Force for Space Acquisitions and In-
tegration submits to the congressional defense committees 
certification that the requirements established by the De-
partment for the primary payload for the WGS-12 satellite 
cannot be met by a commercial provider. 
(b) PROHIBITION
ON OPERATION
OR LAUNCH.— 
None of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2024 for 
the Department of Defense may be obligated or expended 
to operate or launch WGS-12 satellite. 
SEC. 1606. LIMITATION ON USE OF FUNDS PENDING SUB-
MISSION OF CERTAIN REPORTS ON SPACE 
POLICY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Congress established the office of Assistant 
Secretary of Defense for Space Policy in 2019 at the 
same time as the Space Force was established. 
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(2) Despite elevating the position, the office has 
repeatedly not responded to mandates by Congress 
for unclassified reports on space policy topics. 
(3) The threats to and from space by China 
and Russia have only increased since the establish-
ment of the Assistant Secretary of Defense for 
Space Policy and the Space Force. 
(4) The Secretary of Defense has yet to submit 
to the congressional defense committees the report 
required by section 1609(c) of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 
117–81; 10 U.S.C. 2271 note) or the report required 
by section 1611(c)(1) of such Act. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it is concerning that the office of the Assist-
ant Secretary of Defense for Space Policy has been 
given responsibility for issues not directly related to 
space policy, leading to the inability to complete the 
primary duty of the office. 
(2) The United States should have a well-estab-
lished and thoughtful national security space policy 
that can be discussed and debated in unclassified 
settings. 
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(3) Such a policy should be developed in con-
junction with, and taking into consideration, other 
relevant national strategy documents, including re-
views regarding nuclear and missile defense. 
(c) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2024 for the Department of Defense for travel 
by the Assistant Secretary of Defense for Space Policy, 
not more than 90 percent may be obligated or expended 
until the Secretary of Defense submits both of the fol-
lowing reports: 
(1) The report on classified programs managed 
under the authority of the Space Force required by 
section 1609(c) of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81; 
10 U.S.C. 2271 note). 
(2) The report on the review of the space policy 
of the Department of Defense required by section 
1611(c)(1) of such Act. 
(d) UPDATES OF SPACE POLICY REPORT.—Section 
1611(c) of the National Defense Authorization Act for 
Fiscal Year 2022 (Public Law 117–81) is amended by 
striking paragraph (2) and inserting the following new 
paragraph (2): 
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‘‘(2) UPDATES.—The Secretary shall provide 
for updates to the assessments, analyses, and eval-
uations carried out pursuant to such review in con-
junction with other national strategy documents, in-
cluding reviews regarding nuclear and missile de-
fense.’’. 
SEC. 1607. NATIONAL SECURITY SPACE LAUNCH PROGRAM 
PHASE THREE ACQUISITION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States Space Force must con-
tinue to ensure assured access to space through 
phase three of the national security space launch 
program; 
(2) the acquisition strategy covered in the brief-
ing provided to the Committee on Armed Services 
and the Permanent Select Committee on Intelligence 
of the House of Representatives in April 2023— 
(A) includes a dual-lane approach that is 
consistent with increasing competition for 
launch services needed by the future national 
security space architecture; and 
(B) balances introducing new launch pro-
viders and systems with meeting all required 
missions during the planned ordering period; 
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(3) as the Secretary of Defense, in consultation 
with the Director of National Intelligence, completes 
the final request for proposals, it should consider in-
cluding funding for launch services support for lane 
1 missions that require specific national security 
space launch requirements, such as the Global Posi-
tioning Services IIIF satellites that are intended to 
be included in the ordering period; and 
(4) the Department should ensure that objective 
readiness requirements are met by launch service 
providers before basic award in either lane. 
(b) PHASE THREE ACQUISITION STRATEGY.—In 
competitively awarding and executing the phase three ac-
quisition strategy, the Secretary of the Air Force, in co-
ordination with the Under Secretary of Defense for Acqui-
sition and Sustainment, shall— 
(1) maximize competition, to the extent prac-
ticable, for both lanes 1 and 2, as described in the 
briefing on the acquisition strategy provided to the 
Committee on Armed Services of the House of Rep-
resentatives in April 2023; 
(2) use lane 1 task or delivery order contracts 
to— 
(A) launch national security space pay-
loads that require launch systems capable of 
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lifting a minimum of 20,000 pounds mass to 
100 nautical miles; and 
(B) provide opportunities for new and 
emerging launch providers or systems to com-
pete for national security space launch missions 
as such providers and systems become ready; 
(3) use lane 2, firm fixed-price indefinite deliv-
ery requirements contracts to— 
(A) award contracts to national security 
space launch providers with launch systems 
that are capable of meeting all national security 
space launch design reference orbits; and 
(B) launch national security space low-risk 
tolerant payloads that require full mission as-
surance that— 
(i) are performed by the national se-
curity space launch program; or 
(ii) have unique national security 
space mission requirements; and 
(4) in the case of any new or emerging national 
security space launch-class mission that is author-
ized for any of fiscal years 2025 through 2029 and 
is not identified in the phase three final request for 
proposals reference manifest contract— 
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(A) assign such mission to the lane 1 con-
tract referred to in paragraph (2); or 
(B) assign such mission to the lane 2 con-
tract referred to in paragraph (3), if the Sec-
retary determines that such a mission is has 
unique national security space or other Govern-
ment requirements that could not be met if the 
mission were assigned to the lane 1 contract. 
(c) NOTIFICATION REQUIREMENT.—If the Secretary 
assigns a mission to the lane 2 contract pursuant to sub-
section (b)(4)(B), the Secretary shall submit to the con-
gressional defense committees, the Permanent Select Com-
mittee on Intelligence of the House of Representatives, 
and the Select Committee on Intelligence of the Senate 
notification of such assignment and the reason for such 
assignment. 
(d) PHASE THREE ACQUISITION STRATEGY DE-
FINED.—In this section, the term ‘‘phase three acquisition 
strategy’’ means the process through which the Secretary 
of the Air Force— 
(1) enters into phase three contracts during fis-
cal year 2025; 
(2) orders launch missions during fiscal years 
2025 through 2029; and 
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(3) carries out such launches under the national 
security space launch program. 
SEC. 1608. APPLICATION OF TNT EQUIVALENCY TO LAUNCH 
VEHICLES AND COMPONENTS USING METH-
ANE PROPELLANT. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States Government supports 
having a robust space launch services market to sup-
port national security, civil, and commercial space 
activities. 
(2) A majority of the new launch vehicles in de-
velopment, testing, and operation in the United 
States utilize methane and liquid oxygen as their 
propellants (LOX/LNG or methalox). 
(3) The United States Government has access 
to data and scientific modeling methods that support 
a TNT equivalency for methalox that is less than 
the default 100 percent TNT equivalency that is ap-
plied when no scientific data exists to characterize 
the explosive yield. 
(4) The United States Government is not con-
sistently applying data that supports a TNT equiva-
lency of 25 percent at United States Government 
owned or licensed facilities. 
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(5) The United States Government has initiated 
a LOX-Methane Assessment (LMA) working group; 
however, the working group’s methodology is not 
grounded in launch vehicle designs or test and 
launch operations. Further, the working group’s ef-
forts are expected to take no less than 3 years to 
complete and cost the United States taxpayer no less 
than $80,000,000. 
(6) United States launch operators are incur-
ring significant cost and diminished opportunities to 
operate as a result of the United States Govern-
ment’s inconsistent policy on methalox. 
(7) The People’s Republic of China is already 
launching orbital launch vehicles that utilize liquid 
oxygen and methane. 
(b) INTERIM EQUIVALENCY DETERMINATION.—Ef-
fective on the date of the enactment of this Act, the in-
terim determination of TNT equivalency applied to launch 
vehicles and components of such vehicles using methane 
as propellant shall not exceed 25 percent for purposes of 
the explosive siting and hazardous operations for test and 
operations of such launch vehicles and their components 
on or from any facility owned or licensed by the Federal 
Government. 
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pected to affect commercial space launch activities 
and national security. 
(e) SUNSET.—Subsection (b) shall have no force or 
effect after the expiration of the period of 180 days fol-
lowing the submittal of the certification and report re-
quired under subsection (d). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(C) The Committee on Science, Space, and 
Technology of the House of Representatives. 
(D) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(2) The term ‘‘launch vehicle’’ has the meaning 
given that term in section 50902 of title 51, United 
States Code. 
(3) The term ‘‘LOX-Methane Assessment work-
ing group’’ means the interagency working group 
that— 
(A) is comprised of representatives from 
the Department of Defense, the Department of 
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Transportation, and the National Aeronautics 
and Space Administration; and 
(B) as of the date of the enactment of this 
Act, is studying the explosive characteristics of 
liquid oxygen and methane. 
(4) The term ‘‘TNT equivalency’’ means a unit 
of energy equivalent to the energy released during 
detonation of trinitrotoluene (TNT). 
SEC. 1609. PLAN TO IMPROVE THREAT-SHARING ARRANGE-
MENTS WITH COMMERCIAL SPACE OPERA-
TORS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) commercial space providers that contract 
with the Department of Defense are vulnerable to 
physical and cyber threats; and 
(2) United States Space Command has estab-
lished the commercial integration cell to aid in the 
integration and protection of United States satellites 
and to build awareness of threats. 
(b) PLAN FOR THREAT SHARING WITH COMMERCIAL 
SPACE OPERATORS.—The Assistant Secretary of the Air 
Force for Space Acquisitions and Integration, in consulta-
tion with the Commander of United States Space Com-
mand, shall develop a plan to expand existing threat-shar-
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ing arrangements with commercial space operators that 
are under contract with the Department of Defense, as 
of the date of the enactment of this Act. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Assistant Secretary of 
the Air Force for Space Acquisitions, in coordination with 
the Commander of United States Space Command, shall 
submit to the congressional defense committees a report 
on the plan required under subsection (b). 
SEC. 1610. PLAN FOR AN INTEGRATED AND RESILIENT SAT-
ELLITE COMMUNICATIONS ARCHITECTURE 
FOR THE SPACE FORCE. 
(a) IN GENERAL.—The Secretary of the Air Force, 
in coordination with the Assistant Secretary of the Air 
Force for Space Acquisition and Integration and the Chief 
of Space Operations, shall— 
(1) as part of the force design process for the 
Space Force, consider options for the integration re-
silient military tactical satellite communications ca-
pabilities; 
(2) develop a plan for the integration of such 
capabilities into the Space Force, as required under 
subsection (b); and 
(3) ensure that a geostationary small satellite 
communications constellation is evaluated for inclu-
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sion as a component of the space data transport 
force design of the Space Force through, at min-
imum, the end of fiscal year 2027. 
(b) PLAN FOR INTEGRATION.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force, in coordination with the Assistant Secretary 
of the Air Force for Space Acquisition and Integra-
tion and the Chief of Space Operations, shall develop 
a plan for an integrated and resilient satellite com-
munications architecture for the Space Force. 
(2) ELEMENTS.—The plan under paragraph (1) 
shall include, at a minimum, options for— 
(A) leveraging commercially available geo-
stationary small satellite communications tech-
nology developed and produced in the United 
States; 
(B) ensuring sufficient funding for such an 
integration; 
(C) including the unique requirements for 
small satellite communications constellation 
throughout the acquisition and deployment pe-
riod, including support for global X-band cov-
erage and support for secure communications 
waveforms using on-board digital processing; 
and 
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(D) potential integration of such geo-
stationary small satellite communications capa-
bility into the enterprise satellite communica-
tions management and control (commonly 
known as ‘‘ESC–MC’’) implementation plan of 
the Department of Defense. 
(3) BRIEFING.—Not later than the date speci-
fied in paragraph (4), than the Secretary of the Air 
Force shall provide to the congressional defense 
committees a briefing on the plan developed under 
paragraph (1). 
(4) DATE
SPECIFIED.—The date specified in 
this subsection is the earlier of— 
(A) July 1, 2024; or 
(B) the date on which the Secretary of the 
Air Force completes the space data transport 
force design for the Space Force. 
SEC. 1611. PROCESS AND PLAN FOR SPACE FORCE SPACE 
SITUATIONAL AWARENESS. 
(a) IN GENERAL.—The Assistant Secretary of the 
Air Force for Space Acquisitions and Integration, in con-
sultation with Chief of Space Operations, shall— 
(1) establish a process to regularly identify and 
evaluate commercial space situational awareness ca-
pabilities, including the extent to which commercial 
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space situational awareness data could meet Space 
Force space situational awareness needs; and 
(2) develop and implement a plan to integrate 
the unified data library into Space Force operational 
systems, including space situational awareness and 
Space command and control missions. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Assistant Secretary shall 
submit to the congressional defense committees a report 
containing a description of the process and plan required 
under subsection (a). 
SEC. 1612. REPORT ON NATIONAL SECURITY SPACE VEHI-
CLE PROCESSING CAPABILITIES. 
(a) IN GENERAL.—Not later than April 1, 2024, the 
Secretary of the Air Force shall submit to the appropriate 
congressional committees a report on— 
(1) the projected needs for national security 
space vehicle processing capabilities; and 
(2) the potential for public-private partnerships 
to enable new projected payload processing providers 
to add processing capabilities. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
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(1) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives; and 
(2) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate. 
SEC. 1613. REPORT ON SPACE FORCE USE OF NUCLEAR 
THERMAL PROPULSION AND NUCLEAR ELEC-
TRIC PROPULSION SPACE VEHICLES. 
The Chief of the Space Force shall submit to Con-
gress a report on the use by the Space Force of nuclear 
thermal propulsion and nuclear electric propulsion space 
vehicles. Such report shall include— 
(1) a description of how the Space Force uses 
such vehicles; 
(2) a description of how the Space Force plans 
to use such vehicles in the future; and 
(3) an identification of any potential benefits 
that such vehicles can provide to bolster the national 
security of the United States. 
SEC. 1614. REPORT ON SPACE ACTIVITIES OF CERTAIN 
FOREIGN ADVERSARY NATIONS. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a re-
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port that evaluates the potential national security risks 
posed by the space-related activities of the Russian Fed-
eration and the People’s Republic of China, including ac-
tivities involving— 
(1) satellites; 
(2) space stations; 
(3) moon exploration; and 
(4) the acquisition of minerals from the moon. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in classified form, but may include an 
unclassified summary. 
Subtitle B—Nuclear Forces 
SEC. 1631. ESTABLISHMENT OF MAJOR FORCE PROGRAM 
FOR NUCLEAR COMMAND, CONTROL, AND 
COMMUNICATIONS PROGRAMS. 
Chapter 9 of title 10, United States Code, is amended 
by adding at the end the following new section: 
‘‘§ 239e. Nuclear command, control, and communica-
tions: major force program and budget 
assessment 
‘‘(a) ESTABLISHMENT
OF
MAJOR
FORCE
PRO-
GRAM.—The Secretary of Defense shall establish a unified 
major force program for nuclear command, control, and 
communications programs pursuant to section 222(b) of 
this title to prioritize such programs in accordance with 
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the requirements of the Department of Defense and na-
tional security. 
‘‘(b) BUDGET ASSESSMENT.—(1) The Secretary shall 
include with the defense budget materials for each of fiscal 
years 2025 through 2030 a report on the budget for nu-
clear command, control, and communications programs of 
the Department of Defense. 
‘‘(2) Each report on the budget for nuclear command, 
control, and communications programs of the Department 
under paragraph (1) shall include the following: 
‘‘(A) An overview of the budget, including— 
‘‘(i) a comparison between that budget, the 
previous budget, the most recent and prior fu-
ture-years defense program submitted to Con-
gress under section 221 of this title (such com-
parison shall exclude the responsibility for re-
search and development of the continuing im-
provement of such nuclear command, control, 
and 
communications 
program), 
and 
the 
amounts appropriated for such nuclear com-
mand, control, and communications programs 
during the previous fiscal year; and 
‘‘(ii) the specific identification, as a budg-
etary line item, for the funding under such pro-
grams. 
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‘‘(B) An assessment of the budget, including 
significant changes, priorities, challenges, and risks. 
‘‘(C) Any additional matters the Secretary de-
termines appropriate. 
‘‘(3) Each report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified 
annex. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31. 
‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in 
support of the budget for that fiscal year. 
‘‘(3) The term ‘nuclear command, control, and 
communications programs’ means programs through 
which presidential authority and operational com-
mand and control of nuclear weapons is conducted, 
including programs that facilitate senior-level deci-
sions on nuclear weapons employment.’’. 
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SEC. 1632. REPEAL OF REQUIREMENT FOR REVIEW OF NU-
CLEAR DETERRENCE POSTURES. 
Section 1753 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 
1852) is repealed. 
SEC. 1633. RETENTION OF CAPABILITY TO REDEPLOY MUL-
TIPLE INDEPENDENTLY TARGETABLE RE-
ENTRY VEHICLES. 
Section 1057 of the National Defense Authorization 
Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 
495 note) is amended by inserting ‘‘and Sentinel’’ after 
‘‘Minuteman III’’ both places it appears. 
SEC. 1634. PILOT PROGRAM ON DEVELOPMENT OF RE-
ENTRY VEHICLES AND RELATED SYSTEMS. 
(a) IN GENERAL.—The Secretary of the Air Force 
may carry out a pilot program, to be known as the ‘‘Re-
entry Vehicle Flight Test Bed Program’’, to assess the 
feasibility of providing regular flight test opportunities 
that support the development of reentry vehicles to— 
(1) facilitate technology upgrades tested in a re-
alistic flight environment; 
(2) provide an enduring, high-cadence test bed 
to mature technologies for planned reentry vehicles; 
and 
(3) transition technologies developed under 
other programs, prototype projects, or research and 
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development programs related to long-range ballistic 
or hypersonic strike missiles. 
(b) GRANTS, CONTRACTS, AND
OTHER
AGREE-
MENTS.— 
(1) AUTHORITY.—In carrying out a pilot pro-
gram under this section, the Secretary may make 
grants and enter into contracts or other agreements 
with appropriate entities for the conduct of relevant 
flight tests of reentry vehicles and systems. 
(2) USE OF FUNDS.—An entity that receives a 
grant, or enters into a contract or other agreement, 
as part of a pilot program carried out under this 
section shall use the grant, or any amount received 
under the contract or other agreement, to carry out 
one or more of the following activities: 
(A) Conducting flight tests to develop or 
validate— 
(i) aeroshell design; 
(ii) thermal protective systems; 
(iii) guidance and control systems; 
(iv) sensors; 
(v) communications; 
(vi) environmental sensors; or 
(vii) other relevant technologies. 
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(B) Expanding flight test opportunities 
through low-cost, high cadence platforms. 
(c) COORDINATION.—If the Secretary of the Air 
Force carries out a pilot program under this section, the 
Secretary shall ensure that the activities under the pilot 
program are carried out in coordination with the Secretary 
of Defense and the Secretary of the Navy. 
(d) TERMINATION.—The authority to carry out a 
pilot program under this section shall terminate on De-
cember 31, 2029. 
SEC. 1635. INTEGRATED MASTER SCHEDULE FOR THE SEN-
TINEL 
MISSILE 
PROGRAM 
OF 
THE 
AIR 
FORCE. 
(a) DOCUMENTATION REQUIRED.—Not later than 30 
days after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition and Sustainment, 
acting through the Assistant Secretary of the Air Force 
for Acquisition, Technology, and Logistics, shall submit 
to the congressional defense committees an approved inte-
grated master schedule for the Sentinel missile program 
of the Air Force. 
(b) QUARTERLY BRIEFINGS.—Not later than 180 
days after the date of the enactment of this Act, an on 
a quarterly basis thereafter until January 1, 2029, the 
Secretary of the Air Force shall provide to the congres-
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sional defense committees a briefing on the progress of 
the Sentinel missile program. 
(c) NOTIFICATION.—Not later than 30 days after the 
Secretary of the Air Force becomes aware of an event that 
is expected to delay, by more than one fiscal quarter, the 
date on which Sentinel missile achieves initial operational 
capability (as set forth in the integrated master schedule 
submitted under subsection (a)), the Secretary shall— 
(1) submit notice of such delay to the congres-
sional defense committees; and 
(2) include with such notice— 
(A) an explanation of the factors causing 
such delay; and 
(B) a plan to prevent or minimize the du-
ration of such delay. 
SEC. 1636. FORM OF CONTRACTING AUTHORIZED TO MITI-
GATE RISK TO SENTINEL PROGRAM SCHED-
ULE AND COST. 
Notwithstanding section 3323(a) of title 10, United 
States Code, the Secretary of Defense may authorize con-
tracts using cost-plus incentive-fee contracting for military 
construction projects associated with the Sentinel Inter-
continental Ballistic Missile program launch facilities, con-
trol centers, and related infrastructure for not more than 
the first two low-rate initial production lots. 
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SEC. 1637. NOTIFICATION OF DECISION TO DELAY STRA-
TEGIC DELIVERY SYSTEM TEST EVENT. 
(a) NOTIFICATION AND REPORT.—Not later than five 
days after the Secretary of Defense makes a decision to 
delay a scheduled test event for a strategic delivery sys-
tem, the Secretary shall submit to the congressional de-
fense committees written notice of such decision together 
with a report on the decision. 
(b) ELEMENTS REQUIRED.—The report required by 
subsection (a) shall include the following: 
(1) A description of the objectives of the test. 
(2) An explanation for the decision to cancel 
the test. 
(3) An estimate of expenditures related to the 
cancelled test. 
(4) An assessment of the effect of the test can-
cellation on— 
(A) confidence in the reliability of the stra-
tegic nuclear weapons delivery system involved; 
and 
(B) any research, development, test, and 
evaluation activities related to the test. 
(5) A plan to reschedule the test event. 
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SEC. 1638. PROHIBITION ON REDUCTION OF THE INTER-
CONTINENTAL BALLISTIC MISSILES OF THE 
UNITED STATES. 
(a) PROHIBITION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2024 
for the Department of Defense may be obligated or ex-
pended for the following, and the Department may not 
otherwise take any action to do the following: 
(1) Reduce, or prepare to reduce, the respon-
siveness or alert level of the intercontinental ballistic 
missiles of the United States. 
(2) Reduce, or prepare to reduce, the quantity 
of deployed intercontinental ballistic missiles of the 
United States to a number less than 400. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any of the following activities: 
(1) The maintenance or sustainment of inter-
continental ballistic missiles. 
(2) Ensuring the safety, security, or reliability 
of intercontinental ballistic missiles. 
(3) Facilitating the transition from the Minute-
man III intercontinental ballistic missile to the Sen-
tinel intercontinental ballistic missile (previously re-
ferred to as the ‘‘ground-based strategic deterrent 
weapon’’). 
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SEC. 1639. LIMITATION ON AVAILABILITY OF FUNDS FOR 
RETIREMENT OF B83–1 NUCLEAR GRAVITY 
BOMBS. 
(a) LIMITATION ON USE OF FUNDS.—Except as pro-
vided by subsection (b), none of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2024 for the Department of Defense or the 
Department of Energy for the deactivation, dismantle-
ment, or retirement of the B83–1 nuclear gravity bomb 
may be obligated or expended to deactivate, dismantle, or 
retire more than 25 percent of the B83–1 nuclear gravity 
bombs that were in the active stockpile as of September 
30, 2022, until a period of 90 days has elapsed following 
the date on which the Secretary of Defense submits to 
the Committees on Armed Services of the Senate and the 
House of Representatives the study required under section 
1674(a) of the James M. Inhofe National Defense Author-
ization Act for Fiscal Year 2023 (Public Law 117–263). 
(b) EXCEPTION.—The limitation on the use of funds 
under subsection (a) shall not apply to the deactivation, 
dismantling, or retirement of B83–1 nuclear gravity 
bombs for the purpose of supporting safety and surveil-
lance, sustainment, life extension, or modification pro-
grams for the B83–1 or other weapons currently in, or 
planned to become part of, the nuclear weapons stockpile 
of the United States. 
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SEC. 1640. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
NAVAL NUCLEAR FUEL SYSTEMS BASED ON 
LOW-ENRICHED URANIUM. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for the National Nu-
clear Security Administration may be obligated or ex-
pended to conduct research or development relating to an 
advanced naval nuclear fuel system based on low-enriched 
uranium. 
SEC. 1641. ESTABLISHMENT OF NUCLEAR SEA-LAUNCHED 
CRUISE MISSILE PROGRAM. 
(a) ESTABLISHMENT.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall establish and commence implementation of 
a nuclear sea-launched cruise missile program (referred to 
in this section as the ‘‘SLCM-N Program’’). 
(b) PURPOSES.—The purposes of the SLCM-N Pro-
gram shall be— 
(1) to provide the United States with a needed 
nonstrategic nuclear capability and make that capa-
bility available to the Department of Defense; 
(2) to strengthen tailored deterrence of regional 
adversaries; and 
(3) to assure allies and partners of the United 
States of the Nation’s commitment to their defense. 
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(c) ACTIVITIES.—Under the SLCM-N Program, the 
Secretary of Defense shall— 
(1) accelerate and conclude research and devel-
opment activities for nuclear sea-launched cruise 
missiles and transition such missiles to the procure-
ment and fielding phases; 
(2) conduct a concept of operations study to in-
form the fielding of nuclear sea-launched cruise mis-
siles aboard platforms identified by the Navy, includ-
ing the Virginia class submarine; 
(3) designate the nuclear sea-launched cruise 
missile as an Acquisition Category ID (ACAT ID) 
program in accordance with Department of Defense 
Instruction 5000.85, titled ‘‘Major Capability Acqui-
sition’’, dated November 4, 2021; and 
(4) ensure that the missiles developed under the 
program achieve initial operational capability not 
later than September 30, 2031. 
(d) WARHEAD DEVELOPMENT.—Not later than 30 
days after the date of enactment of this Act, the Adminis-
trator for Nuclear Security shall initiate phase 6.2 of the 
nuclear sea-launched cruise missile warhead designated 
W80–4 ALT. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to supersede or otherwise alter the 
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organizational relationships and responsibilities of depart-
ments and agencies of the Federal Government regarding 
oversight and management of ongoing activities relating 
to the nuclear sea-launched cruise missile. 
SEC. 1642. QUARTERLY REPORTS ON PROGRESS OF SEA- 
LAUNCHED CRUISE MISSILE–NUCLEAR PRO-
GRAM. 
(a) IN GENERAL.—Not later than 15 days after the 
last day of each fiscal quarter until the termination date 
specified in subsection (c)— 
(1) the Secretary of the Navy shall submit to 
the congressional defense committees a report on the 
execution of funding appropriated for the Sea- 
Launched Cruise Missile–Nuclear program; and 
(2) the Administrator for Nuclear Security shall 
submit to the congressional defense committees a re-
port on the execution of funding appropriated for 
the W80-4 nuclear warhead variant under develop-
ment for such program. 
(b) ELEMENTS.—Each report required under sub-
section (a) shall include, with respect to the program or 
variant, respectively, each of the following: 
(1) A description of ongoing and completed ac-
tivities. 
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(2) A schedule and summary of activities 
planned for the fiscal quarter following the fiscal 
quarter during which the report is submitted. 
(3) A description of each contract awarded 
under the program, including a description of the 
type of contract and the status of the contract. 
(4) A description of the status of funding for 
the program or variant, including identification of— 
(A) any obligations and expenditures that 
have been made; and 
(B) any obligations and expenditures that 
are planned. 
(5) An assessment of the status of the program 
or variant with respect to technological maturity. 
(c) TERMINATION DATE.—The requirement to sub-
mit reports under subsection (a) shall terminate on the 
date on which the Secretary of Defense provides to the 
congressional defense committees a certification that the 
nuclear-capable sea launched cruise missile system under 
development by the Navy has achieved full operational ca-
pability. 
SEC. 1643. CONGRESSIONAL NOTIFICATION OF NUCLEAR 
COOPERATION BETWEEN RUSSIA AND CHINA. 
If the Commander of United States Strategic Com-
mand determines, after consultation with the Director of 
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the Defense Intelligence Agency, that militarily significant 
cooperation between the Russian Federation and the Peo-
ple’s Republic of China related to nuclear or strategic ca-
pabilities is likely to occur or has likely occurred, the Com-
mander shall submit to the congressional defense commit-
tees a notification of such determination that includes— 
(1) a description of the military significant co-
operation; and 
(2) an assessment of the implication of such co-
operation for the United States with respect to nu-
clear deterrence, extended deterrence, assurance, 
and defense. 
SEC. 1644. REPORT ON ACCELERATION OF NUCLEAR MOD-
ERNIZATION PRIORITIES. 
The Under Secretary of Defense for Acquisition and 
Sustainment shall submit to the congressional defense 
committees a report that includes an identification of any 
additional authorities and reforms necessary to allow the 
Department of Defense to accelerate its current nuclear 
modernization priorities. 
SEC. 1645. ASSESSMENT OF THE ABILITY OF THE UNITED 
STATES TO DETECT LOW-YIELD NUCLEAR 
WEAPON TESTS. 
(a) ASSESSMENT.—The Director of the Defense In-
telligence Agency, in coordination with the Director of Na-
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tional Intelligence, shall conduct an assessment of the abil-
ity of the United States to detect and monitor supercritical 
nuclear weapon tests conducted at very low yields. 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Director of the Defense 
Intelligence Agency shall submit to the congressional de-
fense committees a report on the results of the assessment 
conducted under subsection (a). The report shall include 
specific recommendations for improving the ability of the 
United States to detect and monitor low-yield nuclear 
weapon tests conducted at the Novaya Zemlya nuclear test 
site of the Russian Federation and the Lop Nor nuclear 
test site of the People’s Republic of China as well as glob-
ally. 
(c) FORM.—The report under subsection (b) may be 
submitted in classified form, but if so submitted shall in-
clude an unclassified summary. 
Subtitle C—Missile Defense 
Programs 
SEC. 1661. QUALIFICATIONS OF DIRECTOR OF MISSILE DE-
FENSE AGENCY. 
Section 205(a) of title 10, United States Code, is 
amended by inserting ‘‘a general or flag officer’’ after 
‘‘shall be’’. 
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SEC. 1662. NATIONAL MISSILE DEFENSE POLICY. 
Subsection (a) of section 1681 of the National De-
fense Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 10 U.S.C. 4205 note) is amended to read as 
follows: 
‘‘(a) POLICY.—It is the policy of the United States— 
‘‘(1) to research, develop, test, procure, deploy, 
and sustain, with funding subject to the annual au-
thorization of appropriations for National Missile 
Defense, systems that provide effective, layered mis-
sile defense capabilities to defeat increasingly com-
plex missile threats in all phases of flight; and 
‘‘(2) to maintain a credible nuclear capability as 
the foundation of strategic deterrence.’’. 
SEC. 1663. PROGRAMS TO ACHIEVE INITIAL AND FULL 
OPERATIONAL CAPABILITIES FOR THE GLIDE 
PHASE INTERCEPTOR PROGRAM. 
(a) PROGRAM TO ACHIEVE INITIAL OPERATIONAL 
CAPABILITY.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Missile Defense 
Agency and in coordination with the officials speci-
fied in subsection (d), shall carry out a program to 
achieve, by not later than December 31, 2029, an 
initial operational capability for the Glide Phase In-
terceptor as described in paragraph (2). 
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(2) REQUIRED CAPABILITIES.—For purposes of 
paragraph (1), the Glide Phase Interceptor program 
shall be considered to have achieved initial oper-
ational capability if— 
(A) the Glide Phase Interceptor is capable 
of defeating, in the glide phase, any endo-at-
mospheric hypersonic vehicles that are known to 
the Department of Defense and fielded as of 
the date of the enactment of this Act; and 
(B) not fewer than 12 Glide Phase Inter-
ceptor missiles have been fielded. 
(b) PROGRAM TO ACHIEVE FULL OPERATIONAL CA-
PABILITY.— 
(1) PROGRAM
REQUIRED.—The Secretary of 
Defense, acting through the Director of the Missile 
Defense Agency and in coordination with the offi-
cials specified in subsection (d), shall carry out a 
program to achieve, by not later than December 31, 
2032, full operational capability for the Glide Phase 
Interceptor as described in paragraph (2). 
(2) REQUIRED CAPABILITIES.—For purposes of 
paragraph (1), the Glide Phase Interceptor program 
shall be considered to have achieved full operational 
capability if— 
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(A) the Glide Phase Interceptor is capable 
of defeating, in the glide phase, any endo-at-
mospheric hypersonic vehicles— 
(i) that are known to the Department 
of Defense and fielded as of the date of the 
enactment of this Act; and 
(ii) that the Department of Defense 
expects to be fielded before the end of 
2040; 
(B) not fewer than 24 Glide Phase Inter-
ceptor missiles have been fielded; and 
(C) the Glide Phase Interceptor has the 
ability to be operated collaboratively with space- 
based or terrestrial sensors that the Depart-
ment of Defense expects to be deployed before 
the end of 2032. 
(c) COOPERATIVE AGREEMENT AUTHORIZED.—The 
Director of the Missile Defense Agency is authorized to 
enter into a cooperative development agreement with one 
or more international partners of the United States for 
the development of the full operational capability described 
in subsection (b). 
(d) OFFICIALS SPECIFIED.—The officials specified in 
this subsection are the following: 
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(1) The Under Secretary of Defense for Re-
search and Engineering. 
(2) The Secretary of the Navy. 
(3) The Commander of the United States Indo- 
Pacific Command. 
(4) The Commander of the United States Euro-
pean Command. 
SEC. 1664. RESEARCH AND ANALYSIS ON MULTIPOLAR DE-
TERRENCE AND ESCALATION DYNAMICS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall seek to enter into an agreement with a university 
affiliated research center with expertise in strategic deter-
rence to conduct research and analysis on multipolar de-
terrence and escalation dynamics. 
(b) ELEMENTS.—The research and analysis con-
ducted under subsection (a) shall include assessment of 
the following: 
(1) Implications for strategic deterrence and al-
lied assurance given the emergence of a second near- 
peer nuclear power. 
(2) Potential alternative conventional, strategic, 
and nuclear force structures to optimize deterrence 
of two near-peer nuclear powers. 
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(3) The contribution made by countervailing 
nonstrategic capabilities to strategic deterrence. 
(4) Escalation patterns arising from Russia’s 
Strategic Operations to Destroy Critically Important 
Targets operational concept and response options for 
the United States. 
(5) Multilateral efforts that could contribute to 
multipolar strategic deterrence and escalation dy-
namics. 
(6) Capabilities and operations sufficient to as-
sure European and Pacific allies. 
(c) REPORT REQUIRED.— 
(1) IN
GENERAL.—Not later than March 1, 
2025, the Secretary of Defense shall submit to the 
congressional defense committees a report that in-
cludes the results of the research and analysis con-
ducted under subsection (a). 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
SEC. 1665. LIMITATION ON USE OF FUNDS PENDING SUB-
MISSION OF REPORT ON MISSILE DEFENSE 
INTERCEPTOR SITE. 
Of the funds authorized to be appropriated by this 
Act for fiscal year 2024 for the Office of the Under Sec-
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retary of Defense for Policy, for travel, not more than 80 
percent may be obligated or expended until the date on 
which the Secretary of Defense submits to the congres-
sional defense committees the report on the requirement 
for a missile defense interceptor site in the contiguous 
United States required by section 1665 of the James M. 
Inhofe National Defense Authorization Act for Fiscal Year 
2023 (Public Law 117–263). 
SEC. 1666. REPORT ON HAWAII MISSILE DEFENSE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The budget justification materials sub-
mitted by the Secretary of Defense support of the 
budget of the President for fiscal year 2023 effec-
tively cancelled all activities for the Homeland De-
fense Radar—Hawaii due to ongoing reevaluation of 
the missile defense posture and sensor architecture 
in the area of responsibility of the United States 
Indo-Pacific Command. 
(2) The budget justification materials sub-
mitted by the Secretary of Defense support of the 
budget of the President for fiscal year 2024 include 
$40,000,000 for the Hawaii Air Route Surveillance 
Radar Version 4 (ARSR-4), which is intended to 
‘‘address Department of Defense capability gaps 
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driven by new threats and provide dual use for Ha-
waii for Air Traffic Control and weather moni-
toring’’. 
(3) Briefings provided by the Department of 
Defense indicated a very limited viewing area for 
this proposed radar, which does not support ade-
quate warning or discrimination of threats, and the 
request for ARSR-4 does not include any effort as-
sociated with integrating the radar to the overall 
missile defense sensor architecture to support in-
creased defensive capabilities for Hawaii. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the findings of the review conducted by the Sec-
retary of the integrated air and missile defense sensor ar-
chitecture of the United States Indo-Pacific Command, 
and specific programs of record which support additional 
sensor coverage for the state of Hawaii. Such report shall 
include an identification of— 
(1) the investments that should be made to in-
crease the detection of nonballistic threats and im-
prove the discrimination of ballistic missile threats, 
particularly with regards to Hawaii; and 
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(2) investments to integrate any sensors into 
the missile defense system to assist with protection 
of the State. 
SEC. 1667. REPORT ON POTENTIAL ENHANCEMENTS TO 
AEGIS ASHORE SITES IN POLAND AND ROMA-
NIA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of the Mis-
sile Defense Agency shall submit to the congressional de-
fense committees a report on potential enhancements to 
Aegis Ashore sites in Poland and Romania. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include— 
(1) an assessment of the feasibility and advis-
ability of— 
(A) enhancing associated sensor systems to 
detect a broader array of missile threats; 
(B) fielding a mixed fleet of defensive in-
terceptor systems; and 
(C) physical hardening of the facilities; 
(2) a funding profile, by year, detailing the 
complete costs associated with any options assessed 
under paragraph (1); and 
(3) such other information as the Director con-
siders appropriate. 
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(c) FORM OF REPORT.—The report submitted under 
subsection (a) shall be in unclassified form, but may in-
clude a classified annex. 
SEC. 1668. RESCISSION OF MEMORANDUM ON MISSILE DE-
FENSE GOVERNANCE. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall rescind 
Directive-type Memorandum 20-002 relating to ‘‘Missile 
Defense System Policies and Governance’’. 
SEC. 1669. POLICY AND REPORT ON NORTH ATLANTIC 
TREATY ORGANIZATION EFFECTIVE INTE-
GRATED AIR AND MISSILE DEFENSE CAPA-
BILITIES IN EUROPE. 
(a) POLICY.—It is the policy of the United States to 
contribute integrated air and missile defense capabilities, 
such as forward deployed AN/TPY-2 radars and Aegis 
Ashore sites, to the North Atlantic Treaty Organization 
to defeat increasingly complex threats to the United States 
Armed Forces and the military forces of member countries 
of the North Atlantic Treaty Organization in Europe. 
(b) REPORT.— 
(1) NATO REPORT.—Not later than 270 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall provide to the North Atlantic 
Treaty Organization Conference of National Arma-
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ments Directors for Ballistic Missile Defense a re-
port containing options to improve the existing inte-
grated air and missile defense architecture to detect, 
track, and defend against increasingly complex ad-
versarial missile threats to the territory of member 
countries of the North Atlantic Treaty Organization 
and deployed members of the United States Armed 
Forces. 
(2) CONGRESSIONAL BRIEFING.—Not later than 
14 days after the completion of the report required 
under paragraph (1), the Secretary of Defense shall 
provide to the congressional defense committees a 
briefing on the options contained in the report and 
the steps necessary to implement any such option 
that is agreed to by the member countries of the 
North Atlantic Treaty Organization. 
SEC. 1670. INDEPENDENT ANALYSIS OF SPACE-BASED MIS-
SILE DEFENSE CAPABILITY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of De-
fense, acting through the Director of the Missile Defense 
Agency, shall seek to enter into an arrangement with an 
appropriate federally funded research and development 
center to update the study referred to in subsection (c). 
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(b) ELEMENTS.—The assessment conducted for pur-
poses of updating the study shall, at a minimum, include 
analysis of the following matters: 
(1) The extent to which space-based capabilities 
would address current and evolving missile threats 
to the United States and United States deployed 
forces. 
(2) The maturity levels of technologies nec-
essary for an operational space-based missile defense 
capability. 
(3) Potential options for developing, fielding, 
operating, and sustaining a space-based missile de-
fense capability, including estimations of cost and 
assessments of effectiveness for different architec-
tures. 
(4) The technical risks, knowledge gaps, or 
other challenges associated with the development 
and operation of space-based interceptor capabilities. 
(5) Estimated costs for developing and deploy-
ing such capability. 
(6) The ability of the Department of Defense to 
protect and defend on-orbit space-based missile de-
fense capabilities, including any recommendations 
for resiliency requirements that would be needed to 
ensure the effectiveness of such capabilities. 
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(c) STUDY SPECIFIED.—The study referred to in this 
subsection is the study conducted by the federally funded 
research and development center known as the ‘‘Institute 
for Defense Analysis’’ examining the feasibility and advis-
ability of developing a space-based missile defense capa-
bility. 
(d) REPORTS.— 
(1) IN
GENERAL.—Not later than 270 days 
after entering into an arrangement under subsection 
(a), the Secretary of Defense shall submit to the 
congressional defense committees a report that in-
cludes— 
(A) an unaltered copy of independent as-
sessment completed pursuant to the arrange-
ment; and 
(B) any views of the Secretary of Defense 
with respect to such assessment. 
(2) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
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SEC. 1671. STRATEGY ON PRODUCTION CAPACITY AND 
SCHEDULE FOR THE PRECISION STRIKE MIS-
SILE. 
(a) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that the long-range, ground-launched missile 
known as the Precision Strike Missile will— 
(1) give the Army the ability to target enemy 
ground forces and eventually naval forces at a great-
er range and volume than its predecessor, the Army 
Tactical Missile System; 
(2) enhance America’s ability to deter or defeat 
aggression; and 
(3) lower the risk faced by the military forces 
of the United States. 
(b) STRATEGY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a strategy on the production ca-
pacity and schedule for the Precision Strike Missile. 
(2) ELEMENTS.—The strategy under paragraph 
(1) shall address the following: 
(A) The production capacity of the Preci-
sion Strike Missile in fiscal year 2023. 
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(B) The projected production capacity of 
the Precision Strike Missile in fiscal years 2024 
and 2025. 
(C) An assessment of measures being 
taken to increase the production capacity of the 
Precision Strike Missile. 
(D) A strategy for increasing the produc-
tion capacity of the Precision Strike Missile. 
Subtitle D—Other Matters 
SEC. 1681. INCLUSION OF PERMANENT SELECT COMMITTEE 
ON INTELLIGENCE OF THE HOUSE OF REP-
RESENTATIVES 
AS 
RECIPIENT 
OF 
QUAR-
TERLY INFORMATION OPERATIONS BRIEF-
INGS. 
Section 1631(d)(1) of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116–92; 133 
Stat. 1742; 10 U.S.C. 397 note) is amended by inserting 
‘‘and the Permanent Select Committee on Intelligence of 
the House of Representatives’’ after ‘‘congressional de-
fense committees’’. 
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SEC. 1682. MODIFICATION TO AUTHORITY TO USE OPER-
ATION 
AND 
MAINTENANCE 
FUNDS 
FOR 
CYBER OPERATIONS-PECULIAR CAPABILITY 
DEVELOPMENT PROJECTS. 
Section 1640 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116-92) is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘ and each Secretary of the 
military departments concerned’’; 
(B) by striking ‘‘per use’’ and inserting 
‘‘per project’’; and 
(C) by striking ‘‘through 2025’’ and insert-
ing ‘‘through 2028’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) LIMITATION.—Each fiscal year, the Commander 
of the United States Cyber Command may obligate and 
expend 
under 
subsection 
(a) 
not 
more 
than 
$16,000,000.’’; 
(3) in subsection (c)— 
(A) by striking ‘‘$500,000’’ and inserting 
‘‘$1,000,000’’; and 
(B) by striking ‘‘the Secretary of Defense, 
or his designee, and each Secretary of the mili-
tary departments concerned, or their des-
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ignees,’’ and inserting ‘‘the Secretary of De-
fense (or a designee)’’; and 
(4) in subsection (d), by striking ‘‘2025’’ and 
inserting ‘‘2028’’. 
SEC. 1683. COOPERATIVE THREAT REDUCTION FUNDS. 
(a) FUNDING ALLOCATION.—Of the $350,999,000 
authorized to be appropriated to the Department of De-
fense for fiscal year 2024 in section 301 and made avail-
able by the funding table in division D for the Department 
of Defense Cooperative Threat Reduction Program estab-
lished under section 1321 of the Department of Defense 
Cooperative Threat Reduction Act (50 U.S.C. 3711), the 
following amounts may be obligated for the purposes spec-
ified: 
(1) For strategic offensive arms elimination, 
$6,815,000. 
(2) For chemical security and elimination, 
$16,400,000. 
(3) For global nuclear security, $19,406,000. 
(4) 
For 
biological 
threat 
reduction, 
$228,030,000. 
(5) For proliferation prevention, $46,324,000. 
(6) For activities designated as Other Assess-
ments/Administration Costs, $34,024,000. 
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(b) SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION FUNDS.—Funds appropriated pursuant to the 
authorization of appropriations in section 301 and made 
available by the funding table in division D for the Depart-
ment of Defense Cooperative Threat Reduction Program 
shall be available for obligation for fiscal years 2024, 
2025, and 2026. 
SEC. 1684. QUARTERLY BRIEFINGS ON IMPLEMENTATION 
OF MILITARY-CODE COMPLIANT GPS RECEIV-
ERS THROUGH MILITARY GPS USER EQUIP-
MENT PROGRAM. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Section 2979b of title 10, United States 
Code, which was enacted as part of the National De-
fense Authorization Act for Fiscal Year 2022 (Pub-
lic Law 117–81), establishes the Council on Over-
sight of the Department of Defense Positioning, 
Navigation, and Timing Enterprise to oversee all as-
pects of the positioning, navigation, and timing en-
terprise of the Department of Defense. 
(2) The law requires the Council to be co- 
chaired by the Vice Chairman of the Joint Chiefs of 
Staff, the Under Secretary for Research and Engi-
neering, and the Under Secretary of Defense for Ac-
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quisition and Sustainment, whose responsibilities are 
to coordinate on matters of positioning, navigation, 
and timing acquisitions to confirm that approved po-
sitioning, navigation, and timing policies are imple-
mented in acquisition activities. 
(3) With respect to the implementation of mili-
tary-code (in this section referred to as ‘‘M-Code’’) 
compliant Global Positioning Service (in this section 
referred to as ‘‘GPS’’) receivers through the Military 
GPS User Equipment program, the Comptroller 
General of the United States found that ‘‘Significant 
issues with data completeness and accuracy re-
main. . .. Poor data hinder the congressional de-
fense committees’ ability to track the progress of M- 
code and support DOD decision-making. User equip-
ment delays have also had ripple effects on DOD’s 
ability to plan for and develop M-code-capable re-
ceivers. These delays have limited the military serv-
ices’ ability to fully develop plans for operationally 
testing the M-code capability’’. 
(b) QUARTERLY BRIEFINGS.— 
(1) IN GENERAL.—Not later than February 1, 
2024, and quarterly thereafter until the date speci-
fied in paragraph (2), the Co-Chairs of the Council 
on Oversight of the Department of Defense Posi-
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tioning, Navigation, and Timing Enterprise, shall 
provide to the congressional defense committees a 
briefing on the status of the implementation of M- 
Code compliant GPS receivers through the Military 
GPS User Equipment program, including the status 
of increments 1 and 2 of such program and details 
regarding expected dates of M-Code compliance for 
all sea-, air, and land-based terminals across the 
platforms of each of the Armed Forces. 
(2) TERMINATION DATE.—No briefing shall be 
required under paragraph (1) after the date on 
which the Secretary of Defense submits to the con-
gressional defense committees certification that the 
increments 1 and 2 of the Military GPS User Equip-
ment program have reached full operational capac-
ity. 
SEC. 1685. MOVING TARGET INDICATOR PROGRAMS OF DE-
PARTMENT OF DEFENSE. 
(a) WORKING GROUP.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall establish working group, to 
be known as the ‘‘Moving Target Indicator Working 
Group’’. 
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(2) RESPONSIBILITIES.—Such working group 
shall be responsible for— 
(A) addressing Department of Defense 
joint service requirements; 
(B) monitoring cost, schedule, and per-
formance of all efforts to replace the tactical in-
telligence, surveillance, and reconnaissance ca-
pability provided, as of the date of the enact-
ment of this Act, by the Joint Surveillance Tar-
get Attack Radar System; and 
(C) developing the processes and proce-
dures for tasking, collection, processing, exploi-
tation, and dissemination of the data collected 
by moving target indicator systems. 
(3) MEMBERSHIP.— 
(A) IN GENERAL.—The Secretary shall se-
lect— 
(i) a member of the Space Force and 
a member of the Joint Staff to serve as co- 
chairs of the working group; and 
(ii) members of the Army, Navy, Ma-
rine Corps, Air Force, and Space Force 
who represent the Army, Navy, Marine 
Corps, Air Force, and Space Force and 
combatant commands, as the Secretary de-
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termines appropriate, to serve as members 
of the working group. 
(B) CONGRESSIONAL NOTIFICATION.—Not 
later than 90 days after the date of the enact-
ment of this Act, the Secretary shall provide to 
the congressional defense committees notice of 
the co-chairs and members selected to serve on 
the working group pursuant to subparagraph 
(A). 
(b) BRIEFING REQUIREMENTS.— 
(1) INITIAL
BRIEFING.—Not later than 120 
days after the date of the enactment of this Act, the 
co-chairs of the working group shall provide to the 
congressional defense committees a briefing on— 
(A) any capabilities development docu-
ments either approved by, or in development 
for, the Joint Requirements Oversight Council; 
and 
(B) any progress of the working group to-
wards developing tasking, collection, processing, 
exploitation, and dissemination for future mov-
ing target indicator systems. 
(2) BIANNUAL BRIEFINGS.—Not less frequently 
than biannually, the working group shall provide to 
the congressional defense committees a briefing on 
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the status of any moving target indicator programs 
being developed. 
SEC. 1686. REPORTING MECHANISM ON USE OF CONSULT-
ANTS, INFORMANTS, AND OTHER HUMAN 
SOURCES TO ACQUIRE INTELLIGENCE IN-
FORMATION. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall establish a mechanism for documenting and 
reporting to the congressional defense committees regard-
ing the use of consultants, informants, or other human 
sources by any element of the Department of Defense, in-
cluding any military department, to acquire intelligence in-
formation. 
(b) ELEMENTS.—The mechanism under subsection 
(a) shall include, at a minimum, a requirement that the 
Secretary of Defense document and, on a quarterly basis, 
notify the congressional defense committees of any activity 
(other than an activity subject to regulation under a cov-
ered directive) that— 
(1) is carried out during that quarter by the 
Secretary; and 
(2) involves the use of a consultant, informant, 
or other human source to acquire intelligence infor-
mation. 
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(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered directive’’ means the fol-
lowing directives (or any such successor directives): 
(A) Intelligence Community Directives 304 
(relating to human intelligence). 
(B) Intelligence Community Directive 310 
(relating to the coordination of clandestine 
human source and human-enabled foreign intel-
ligence collection and counterintelligence activi-
ties outside the United States). 
(C) Intelligence Community Directive 311 
(relating to the coordination of clandestine 
human source and human-enabled foreign intel-
ligence collection and counterintelligence activi-
ties inside the United States). 
(2) The term ‘‘informant’’ means any individual 
who furnishes information to the Department of De-
fense in the course of a confidential relationship with 
the Department under which the identity of such in-
dividual is protected from public disclosure. 
SEC. 1687. REPORT ON CONCEPT OF OPERATIONS FOR OF-
FENSIVE HYPERSONIC SYSTEMS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in coordination with the Chairman of the Joint Chiefs of 
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Staff, shall submit to the congressional defense commit-
tees a report on the status of the implementation of a con-
cept of operations and total munitions requirements for 
offensive hypersonic systems. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) A description and assessment of efforts to 
develop and implement concepts of operation with 
regard to fielding, deploying, and using offensive 
hypersonic systems currently in development and in-
cluded in future-years defense program submitted to 
Congress under section 221 of title 10, United 
States Code, for fiscal year 2024. 
(2) An assessment of how the use of hypersonic 
weapons will be considered with regard to strategic 
deterrence and stability. 
(3) A description of scenarios and simulations 
modeling the use of offensive hypersonic systems in 
defined environments. 
(4) Criteria to be used for validation of the use 
of offensive hypersonic systems. 
(5) Identification of existing authorities gov-
erning the use of offensive hypersonic systems and 
an explanation of any additional authorities that 
may be required for the use of such systems. 
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(6) A description of how hypersonic capabilities 
are incorporated into force development and design. 
(7) 
A 
munitions 
requirement 
(applicable 
through the period covered by the future-years de-
fense program submitted to Congress under section 
221 of title 10, United States Code, for fiscal year 
2024) for each offensive hypersonic weapons pro-
gram currently in development, including require-
ments provided by each military department and 
combatant command. 
(8) Identification of any operational gaps for 
which additional offensive hypersonic weapon capa-
bilities would have strategic impact on overall con-
cepts of operation of the Department of Defense. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 1688. INDO-PACIFIC MISSILE STRATEGY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The 2022 National Defense Strategy states: 
‘‘The [People’s Republic of China (PRC)] has ex-
panded and modernized nearly every aspect of the 
[People’s Liberation Army (PLA)], with a focus on 
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offsetting U.S. military advantages. The PRC is 
therefore the pacing challenge for the Department.’’. 
(2) The 2020 report of the Department of De-
fense entitled ‘‘Annual Report to Congress Involving 
the People’s Republic of China’’ states: ‘‘Land-based 
conventional ballistic and cruise missiles: The PRC 
has more than 1,250 ground-launched ballistic mis-
siles (GLBMs) and ground-launched cruise missiles 
(GLCMs) with ranges between 500 and 5,500 kilo-
meters. The United States currently fields one type 
of conventional GLBM with a range of 70 to 300 
kilometers and no GLCMs.’’. 
(3) In September 2021, the United States en-
tered a security partnership with the United King-
dom 
and 
Australia 
(commonly 
known 
as 
‘‘AUKUS’’). In April 2022, AUKUS leaders com-
mitted to ‘‘commence new trilateral cooperation on 
hypersonic technologies, counter-hypersonic defense 
systems, and electronic warfare capabilities, as well 
as to deepen cooperation on defense innovation.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) United States ground-based theater-range 
conventional missile systems in the Indo-Pacific re-
gion provide operational and strategy utility in— 
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(A) availability of persistent, prompt, and 
survivable strike options; 
(B) deterrence of enemy attack or esca-
lation; 
(C) imposition of operational costs on 
enemy forces; 
(D) responsive strikes against time-critical 
enemy targets; and 
(E) destruction of high-value targets to en-
able other joint forces; and 
(2) an Indo-Pacific Missile Strategy should— 
(A) provide coherent direction to concept 
and capability development, including procure-
ment and employment; 
(B) distribute integrated capabilities at 
operationally relevant ranges; 
(C) coordinate and differentiate strike mis-
sions among the military forces of the United 
States and allies; and 
(D) pursue co-development and co-produc-
tion of capabilities with allies and partners, in-
cluding through existing institutional mecha-
nisms. 
(c) STRATEGY.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a strategy for ground-based the-
ater-range conventional missiles in the Indo-Pacific 
region. 
(2) ELEMENTS.—The strategy required by 
paragraph (1) shall include the following: 
(A) An assessment of gaps in conventional 
theater-range precision strike capabilities in the 
area of responsibility of the United States Indo- 
Pacific Command. 
(B) An identification of military require-
ments for ground-based theater-range conven-
tional missile systems, including range, propul-
sion, payload, launch platform, weapon effects, 
and other operationally relevant factors. 
(C) An identification of prospective basing 
locations for ground-based theater-range con-
ventional missiles in the area of responsibility of 
the United States Indo-Pacific Command and 
an assessment of steps required to receive host- 
nation permission for forward-basing of such 
weapon systems. 
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(D) A description of operational concepts 
for employment of such conventional missiles, 
including integration with other capabilities in 
the Western Pacific region. 
(E) An identification of prospective allies, 
partners, and institutional mechanisms for co- 
development of new over-the-horizon range and 
intermediate-range conventional missiles. 
(F) An assessment of the cost, schedule, 
and feasibility of ground-based theater-range 
conventional missile programs, including any 
potential cost-sharing structures through exist-
ing institutional mechanisms. 
(3) FORM.—The strategy required by para-
graph (1) may be submitted in classified form but 
shall include an unclassified summary. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘ground-based theater-range con-
ventional missile’’ means a conventional mobile 
ground-launched cruise or hypersonic missile system 
with a range between 500 and 5,500 kilometers. 
(2) With respect to a missile system, the term 
‘‘intermediate-range’’ means a missile system with a 
range between 3,000 and 5,500 kilometers. 
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SEC. 1689. EXCLUSIVE MEANS FOR THE SECRETARY OF DE-
FENSE TO ACQUIRE LOCATION INFORMA-
TION, WEB BROWSING HISTORY, INTERNET 
SEARCH HISTORY, AND FOURTH AMEND-
MENT-PROTECTED INFORMATION. 
(a) EXCLUSIVE MEANS.— 
(1) FOREIGN INTELLIGENCE PURPOSES.—Title 
I and sections 303, 304, 703, 704, and 705 of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq., 1823, 1824, 1881b, 1881c, 
1881d) shall be the exclusive means by which the 
Secretary of Defense acquires location information, 
web browsing history, Internet search history, and 
Fourth Amendment-protected information of United 
States persons or persons inside the United States 
for foreign intelligence purposes. 
(2) LAW
ENFORCEMENT
PURPOSES.—A war-
rant obtained by demonstrating probable cause shall 
be the exclusive means by which the Secretary of 
Defense acquires location information, web browsing 
history, Internet search history, and Fourth Amend-
ment-protected information of United States persons 
or persons inside the United States for law enforce-
ment purposes. 
(b) THIRD PARTY.—If the interception, or compelled 
production, or physical search or seizure of information 
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inside the United States by the Secretary of Defense 
would require a warrant, court order, or subpoena under 
law, the Secretary may not obtain that information from 
a third party in exchange for anything of value without 
obtaining the warrant, court order, or subpoena that 
would be required for such interception, compelled produc-
tion, or physical search or seizure. 
(c) EXCEPTION.—Notwithstanding subsection (b), 
the Secretary of Defense may acquire the types of infor-
mation specified in subsection (b) in exchange for some-
thing of value if— 
(1) 
the 
information 
is 
aggregated 
or 
anonymized in such a way that it cannot reasonably 
be de-anonymized or otherwise linked to any indi-
vidual or specific group of individuals; and 
(2) the Secretary does not disclose the informa-
tion to any Federal, State, or local law enforcement 
agency or to any other element of the intelligence 
community, or any official of such an agency or ele-
ment. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Fourth Amendment-protected in-
formation’’ means information the compelled produc-
tion of which would require a warrant for law en-
forcement purposes. 
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(2) The term ‘‘location information’’ means in-
formation derived or otherwise calculated from the 
transmission or reception of a radio signal that re-
veals the approximate or actual geographic location 
of a customer, subscriber, or device. 
(3) The term ‘‘United States person’’ has the 
meaning given that term in section 101 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801). 
TITLE XVII—SPACE FORCE 
PERSONNEL MANAGEMENT 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘Space Force Personnel 
Management Act’’. 
Subtitle A—Space Force Military 
Personnel System Without Com-
ponent 
SEC. 1711. ESTABLISHMENT OF MILITARY PERSONNEL 
MANAGEMENT 
SYSTEM 
FOR 
THE 
SPACE 
FORCE. 
Title 10, United States Code, is amended by adding 
at the end the following new subtitle: 
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‘‘Subtitle F—Alternative Military 
Personnel Systems 
‘‘PART I—SPACE FORCE 
‘‘CHAPTER 2001— SPACE FORCE 
PERSONNEL SYSTEM 
‘‘Sec. 
‘‘20001. Single military personnel management system. 
‘‘20002. Members: duty status. 
‘‘20003. Members: minimum service requirement as applied to Space Force. 
‘‘§ 20001. Single military personnel management sys-
tem 
‘‘Members of the Space Force shall be managed 
through a single military personnel management system, 
without component.’’. 
‘‘Chap.
.....................................................................................................
‘‘2001. Space Force Personnel System ................................................... 20001
‘‘2003. Status and Participation ............................................................ 20101
‘‘2005. Officers ....................................................................................... 20201
‘‘2007. Enlisted Members. ...................................................................... 20301
‘‘2009. Retention and Separation Generally ........................................... 20401
‘‘2011. Separation of Officers for Substandard Performance of Duty 
or for Certain Other Reasons ....................................... 20501
‘‘2013. Retirement .................................................................................. 20601’’. 
SEC. 1712. COMPOSITION OF THE SPACE FORCE WITHOUT 
COMPONENT. 
(a) COMPOSITION OF THE SPACE FORCE.—Section 
9081(b) of title 10, United States Code, is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively; and 
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(3) in paragraph (1), as so redesignated, by 
striking ‘‘, including’’ and all that follows through 
‘‘emergency’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the certifi-
cation by the Secretary of the Air Force under section 
1745. 
SEC. 1713. DEFINITIONS FOR SINGLE PERSONNEL MANAGE-
MENT SYSTEM FOR THE SPACE FORCE. 
(a) SPACE FORCE DEFINITIONS.—Section 101 of 
title 10, United States Code, is amended— 
(1) by redesignating subsections (e), (f), and 
(g) as subsections (f), (g), and (h), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) SPACE FORCE.—The following definitions relat-
ing to members of the Space Force apply in this title: 
‘‘(1) The term ‘space force active status’ means 
the status of a member of the Space Force who is 
not in a space force inactive status and is not re-
tired. 
‘‘(2) The term ‘space force inactive status’ 
means the status of a member of the Space Force 
who is designated by the Secretary of the Air Force, 
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under regulations prescribed by the Secretary, as 
being in a space force inactive status. 
‘‘(3) The term ‘space force retired status’ 
means the status of a member of the Space Force 
who— 
‘‘(A) is receiving retired pay ; or 
‘‘(B) but for being under the eligibility age 
applicable under section 12731 of this title, 
would be eligible for retired pay under chapter 
1223 of this title. 
‘‘(4) The term ‘sustained duty’ means full-time 
duty by a member of the Space Force ordered to 
such duty by an authority designated by the Sec-
retary of the Air Force— 
‘‘(A) in the case of an officer— 
‘‘(i) to fulfill the terms of an active- 
duty service commitment incurred by the 
officer under any provision of law; or 
‘‘(ii) with the consent of the officer; 
and 
‘‘(B) in the case of an enlisted member, 
with the consent of the enlisted member as 
specified in the terms of the member’s enlist-
ment or reenlistment agreement.’’. 
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(b) AMENDMENTS TO EXISTING DUTY STATUS DEFI-
NITIONS.—Subsection (d) of such section is amended— 
(1) in paragraph (1), by inserting ‘‘, including 
sustained duty in the Space Force’’ after ‘‘United 
States’’; and 
(2) in paragraph (7), by inserting ‘‘, or a mem-
ber of the Space Force,’’ after ‘‘Reserves’’ in sub-
paragraphs (A) and (B). 
SEC. 1714. BASIC POLICIES RELATING TO SERVICE IN THE 
SPACE FORCE. 
Chapter 2001 of title 10, United States Code, as 
added by section 1711, is amended by adding at the end 
the following new sections: 
‘‘§ 20002. Members: duty status 
‘‘Under regulations prescribed by the Secretary of the 
Air Force, each member of the Space Force shall be placed 
in one of the following duty statuses: 
‘‘(1) Space force active status. 
‘‘(2) Space force inactive status. 
‘‘(3) Space force retired status. 
‘‘§ 20003. Members: minimum service requirement as 
applied to Space Force 
‘‘(a) In applying section 651 of this title to a person 
who becomes a member of the Space Force, the provisions 
of the second sentence of subsection (a) and of subsection 
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(b) of that section (relating to service in a reserve compo-
nent) are inapplicable. 
‘‘(b) A member of the Space Force who transfers to 
one of the other armed forces before completing the service 
required by subsection (a) of section 651 of this title shall 
upon such transfer be subject to section 651 of this title 
in the same manner as if such member had initially en-
tered the armed force to which the member transfers.’’. 
SEC. 1715. STATUS AND PARTICIPATION. 
Subtitle F of title 10, United States Code, as added 
by section 1711, is amended by adding at the end the fol-
lowing new chapter: 
‘‘CHAPTER 2003—STATUS AND 
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. 
‘‘20107. Transfer to inactive status: initial service obligation not complete. 
‘‘20108. Members of Space Force: credit for service for purposes of laws pro-
viding pay and benefits for members, dependents, and sur-
vivors. 
‘‘20109. Policy for order to active duty based upon determination by Congress. 
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‘‘§ 20101. Members in Space Force active status: 
amount of annual training or active duty 
service required 
‘‘Except as specifically provided in regulations pre-
scribed by the Secretary of Defense, a member of the 
Space Force in a space force active status who is not serv-
ing on sustained duty shall be required to— 
‘‘(1) participate in at least 48 scheduled drills 
or training periods during each year and serve on 
active duty for not less than 14 days (exclusive of 
travel time) during each year; or 
‘‘(2) serve on active duty for not more than 30 
days during each year. 
‘‘§ 20102. Individual ready guardians: designation; 
mobilization category 
‘‘(a) IN GENERAL.—Under regulations prescribed by 
the Secretary of Defense, the Secretary of the Air Force 
may designate a member of the Space Force in a space 
force active status as an Individual Ready Guardian. 
‘‘(b) MOBILIZATION CATEGORY.— 
‘‘(1) IN
GENERAL.—Among members of the 
Space Force designated as Individual Ready Guard-
ians, there is a category of members (referred to as 
a ‘mobilization category’) who, as designated by the 
Secretary of the Air Force, are subject to being or-
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dered to active duty without their consent in accord-
ance with section 20106(a) of this title. 
‘‘(2) LIMITATIONS ON PLACEMENT IN MOBILI-
ZATION CATEGORY.—A member designated as an In-
dividual Ready Guardian may not be placed in the 
mobilization category referred to in paragraph (1) 
unless— 
‘‘(A) the member volunteers to be placed in 
that mobilization category; and 
‘‘(B) the member is selected by the Sec-
retary of the Air Force, based upon the needs 
of the Space Force and the grade and military 
skills of that member. 
‘‘(3) LIMITATION
ON
TIME
IN
MOBILIZATION 
CATEGORY.—A member of the Space Force in a 
space force active status may not remain designated 
an Individual Ready Guardian in such mobilization 
category after the end of the 24-month period begin-
ning on the date of the separation of the member 
from active service. 
‘‘(4) DESIGNATION OF GRADES AND MILITARY 
SKILLS OR SPECIALTIES.—The Secretary of the Air 
Force shall designate the grades and military skills 
or specialties of members to be eligible for placement 
in such mobilization category. 
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‘‘(5) BENEFITS.—A member in such mobiliza-
tion category shall be eligible for benefits (other 
than pay and training) on the same basis as are 
available to members of the Individual Ready Re-
serve who are in the special mobilization category 
under section 10144(b) of this title, as determined 
by the Secretary of Defense. 
‘‘§ 20103. Members not on sustained duty: agreements 
concerning conditions of service 
‘‘(a) AGREEMENTS.—The Secretary of the Air Force 
may enter into a written agreement with a member of the 
Space Force not on sustained duty— 
‘‘(1) requiring the member to serve on active 
duty for a definite period of time; 
‘‘(2) specifying the conditions of the member’s 
service on active duty; and 
‘‘(3) for a member serving in a space force in-
active status, specifying the conditions for the mem-
ber’s continued service as well as order to active 
duty with and without the consent of the member. 
‘‘(b) CONDITIONS
OF
SERVICE.—An agreement 
under subsection (a) shall specify the conditions of service. 
The Secretary of the Air Force shall prescribe regulations 
establishing— 
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‘‘(1) what conditions of service may be specified 
in the agreement; 
‘‘(2) the obligations of the parties; and 
‘‘(3) the consequences of failure to comply with 
the terms of the agreement. 
‘‘(c) AUTHORITY FOR RETENTION ON ACTIVE DUTY 
DURING WAR OR NATIONAL EMERGENCY.—If the period 
of service on active duty of a member under an agreement 
under subsection (a) expires during a war or during a na-
tional emergency declared by Congress or the President, 
the member concerned may be kept on active duty, without 
the consent of the member, as otherwise prescribed by law. 
‘‘§ 20104. Orders to active duty: with consent of mem-
ber 
‘‘(a) AUTHORITY.—A member of the Space Force 
who is serving in a space force active status and is not 
on sustained duty, or who is serving in a space force inac-
tive status, may, with the consent of the member, be or-
dered to active duty, or retained on active duty, under the 
following sections of chapter 1209 of this title in the same 
manner as applies to a member of a reserve component 
ordered to active duty, or retained on active duty, under 
that section with the consent of the member: 
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‘‘(1) Section 12301(d), relating to orders to ac-
tive duty at any time with the consent of the mem-
ber. 
‘‘(2) Section 12301(h), relating to orders to ac-
tive duty in connection with medical or health care 
matters. 
‘‘(3) Section 12322, relating to active duty for 
health care. 
‘‘(4) Section 12323, relating to active duty 
pending line of duty determination required for re-
sponse to sexual assault. 
‘‘(b) APPLICABLE PROVISIONS OF LAW.—The fol-
lowing sections of chapter 1209 of this title pertaining to 
a member of a reserve component ordered to active duty 
with the consent of the member apply to a member of the 
Space Force who is ordered to active duty under this sec-
tion in the same manner as to such a reserve component 
member: 
‘‘(1) Section 12308, relating to retention after 
becoming qualified for retired pay. 
‘‘(2) Section 12309, relating to use of Reserve 
officers in expansion of armed forces. 
‘‘(3) Section 12313, relating to release of re-
serve members from active duty. 
‘‘(4) Section 12314, relating to kinds of duty. 
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‘‘(5) Section 12315, relating to duty with or 
without pay. 
‘‘(6) Section 12316, relating to payment of cer-
tain Reserves while on duty. 
‘‘(7) Section 12318, relating to duties and 
funding of reserve members on active duty. 
‘‘(8) Section 12320, relating to grade in which 
ordered to active duty. 
‘‘(9) Section 12321, relating to a limitation on 
number of reserve members assigned to Reserve Of-
ficer Training Corps units. 
‘‘§ 20105. Sustained duty 
‘‘(a) ENLISTED MEMBERS.—An authority designated 
by the Secretary of the Air Force may order an enlisted 
member of the Space Force in a space force active status 
to sustained duty, or retain an enlisted member on sus-
tained duty, with the consent of that member, as specified 
in the terms of the member’s enlistment or reenlistment 
agreement. 
‘‘(b) OFFICERS.— 
‘‘(1) An authority designated by the Secretary 
of the Air Force may order a Space Force officer in 
a space force active status to sustained duty— 
‘‘(A) with the consent of the officer; or 
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‘‘(B) to fulfill the terms of an active-duty 
service commitment incurred by the officer 
under any provision of law. 
‘‘(2) An officer ordered to sustained duty under 
paragraph (1) may not be released from sustained 
duty without the officer’s consent except as provided 
in chapter 2009 or 2011 of this title. 
‘‘§ 20106. Orders to active duty: without consent of 
member 
‘‘(a) MEMBERS IN A SPACE FORCE ACTIVE STA-
TUS.— 
‘‘(1) A member of the Space Force in a space 
force active status who is not on sustained duty, 
may, without the consent of the member, be ordered 
to active duty or inactive duty in the same manner 
as a member of a reserve component ordered to ac-
tive duty or inactive duty under the provisions of 
chapter 1209 of this title and any other provision of 
law authorizing the order to active duty of a member 
of a reserve component in an active status without 
the consent of the member. 
‘‘(2) The provisions of chapter 1209 of this 
title, or other applicable provisions of law, pertaining 
to a member of the Ready Reserve when ordered to 
active duty shall apply to a member of the Space 
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Force who is in a space force active status when or-
dered to active duty under paragraph (1). 
‘‘(3) The provisions of section 12304 of this 
title pertaining to members in the Individual Ready 
Reserve mobilization category shall apply to a mem-
ber of the Space Force who is designated an Indi-
vidual Ready Guardian when ordered to active duty 
who meets the provisions of section 20102(b) of this 
title. 
‘‘(b) MEMBERS IN A SPACE FORCE INACTIVE STA-
TUS.— 
‘‘(1) A member of the Space Force in a space 
force inactive status may be ordered to active duty 
under— 
‘‘(A) the provisions of chapter 1209 of this 
title; 
‘‘(B) any other provision of law author-
izing the order to active duty of a member of 
a reserve component in an inactive status; and 
‘‘(C) the terms of any agreement entered 
into by the member under section 20103 of this 
title. 
‘‘(2) The provisions of chapter 1209 of this 
title, or other applicable provisions of law, pertaining 
to the Standby Reserve shall apply to a member of 
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the Space Force who is in a space force inactive 
service when ordered to active duty. 
‘‘(c) MEMBERS IN A SPACE FORCE RETIRED STA-
TUS.— 
‘‘(1) Chapters 39 and 1209 of this title include 
provisions authorizing the order to active duty of a 
member of the Space Force in a space force retired 
status. 
‘‘(2) The provisions of sections 688, 688a, and 
12407 of this title pertaining to a retired member or 
a member of the Retired Reserve shall apply to a 
member of the Space Force in a space force retired 
status when ordered to active duty. 
‘‘(3) The provisions of section 689 of this title 
pertaining to a retired member ordered to active 
duty shall apply to a member of the Space Force in 
a space force retired status who is ordered to active 
duty. 
‘‘(d) OTHER APPLICABLE PROVISIONS.—The fol-
lowing provisions of chapter 1209 of this title pertaining 
shall apply to a member of the Space Force ordered to 
active duty in the same manner as to a Reserve or member 
of the Retired Reserve ordered to active duty: 
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‘‘(1) Section 12305, relating to the authority of 
the President to suspend certain laws relating to 
promotion, retirement, and separation. 
‘‘(2) Section 12308, relating to retention after 
becoming qualified for retired pay. 
‘‘(3) Section 12313, relating to release from ac-
tive duty. 
‘‘(4) Section 12314, relating to kinds of duty. 
‘‘(5) Section 12315, relating to duty with or 
without pay. 
‘‘(6) Section 12316, relating to payment of cer-
tain Reserves while on duty. 
‘‘(7) Section 12317, relating to theological stu-
dents; limitations. 
‘‘(8) Section 12320, relating to grade in which 
ordered to active duty. 
‘‘§ 20107. Transfer to inactive status: initial service 
obligation not complete 
‘‘(a) GENERAL RULE.—A member of the Space Force 
who has not completed the required minimum service obli-
gation referred to in section 20003 of this title shall, if 
terminating space force active status, be transferred to a 
space force inactive status and, unless otherwise des-
ignated an Individual Ready Guardian under section 
20102 of this title, shall remain subject to order to active 
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duty without the member’s consent under section 20106 
of this title. 
‘‘(b) EXCEPTION.—Subsection (a) does not apply to 
a member who is separated from the Space Force by the 
Secretary of the Air Force under section 20503 of this 
title. 
‘‘§ 20108. Members of Space Force: credit for service 
for purposes of laws providing pay and 
benefits for members, dependents, and 
survivors 
‘‘For the purposes of laws providing pay and benefits 
for members of the armed forces and their dependents and 
beneficiaries: 
‘‘(1) Military training, duty, or other service 
performed by a member of the Space Force in a 
space force active status not on sustained duty shall 
be considered military training, duty, or other serv-
ice, as the case may be, as a member of a reserve 
component. 
‘‘(2) Sustained duty performed by a member of 
the Space Force under section 20105 of this title 
shall be considered active duty as a member of a 
regular component. 
‘‘(3) Active duty performed by a member of the 
Space Force in a space force active status not on 
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sustained duty shall be considered active duty as a 
member of a reserve component. 
‘‘(4) Inactive-duty training performed by a 
member of the Space Force shall be considered inac-
tive-duty training as a member of a reserve compo-
nent. 
‘‘§ 20109. Policy for order to active duty based upon 
determination by Congress 
‘‘Whenever Congress determines that more units and 
organizations capable of conducting space operations are 
needed for the national security than are available among 
those units comprised of members of the Space Force serv-
ing on active duty, members of the Space Force not serv-
ing on active duty shall be ordered to active duty and re-
tained as long as so needed.’’. 
SEC. 1716. OFFICERS. 
(a) ORIGINAL APPOINTMENTS.—Subtitle F of title 
10, United States Code, as amended by section 1715, is 
further amended by adding at the end the following new 
chapter: 
‘‘CHAPTER 2005—OFFICERS 
‘‘SUBCHAPTER I—ORIGINAL APPOINTMENTS 
‘‘Sec. 
‘‘20201. Original appointments: how made. 
‘‘20202. Original appointments: qualifications. 
‘‘SUBCHAPTER II—SELECTION BOARDS 
‘‘20211. Convening of selection boards. 
‘‘20212. Composition of selection boards. 
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‘‘20213. Notice of convening of selection boards. 
‘‘20214. Recommendations for promotion by selection boards. 
‘‘20215. Reports of selection boards. 
‘‘20216. Action on reports of selection boards for promotion to brigadier general 
or major general. 
‘‘SUBCHAPTER III—PROMOTIONS 
‘‘20231. Eligibility for consideration for promotion: time-in-grade and other re-
quirements. 
‘‘20232. Eligibility for consideration for promotion: senior commander nomina-
tions. 
‘‘20233. Eligibility for consideration for promotion: designation as joint quali-
fied officer required before promotion to brigadier general; ex-
ceptions. 
‘‘20234. Opportunities for consideration for promotion. 
‘‘20235. Space Force officer list. 
‘‘20236. Competitive categories. 
‘‘20237. Numbers to be recommended for promotion. 
‘‘20238. Promotions: how made; authorized delay of promotions. 
‘‘SUBCHAPTER IV—PERSONS NOT CONSIDERED FOR PROMOTION AND OTHER 
PROMOTION-RELATED PROVISIONS 
‘‘20251. Special selection boards. 
‘‘20252. Other promotion matters. 
‘‘SUBCHAPTER V—APPLICABILITY OF OTHER LAWS 
‘‘20261. Applicability of certain DOPMA officer personnel policy provisions. 
‘‘SUBCHAPTER I—ORIGINAL APPOINTMENTS 
‘‘§ 20201. Original appointments: how made 
‘‘(a) APPOINTMENTS MADE BY SECRETARY OF DE-
FENSE.—Original appointments of commissioned officers 
in the Space Force in grades below the grade of brigadier 
general shall be made by the Secretary of Defense. 
‘‘(b) APPLICATION OF CONSTRUCTIVE CREDIT.—The 
grade of a person receiving an appointment under this sec-
tion who at the time of appointment is credited with serv-
ice under section 20203 of this title shall be determined 
under regulations prescribed by the Secretary of the De-
fense based upon the amount of service credited. 
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‘‘§ 20202. Original appointments: qualifications 
‘‘(a) IN GENERAL.—An original appointment as a 
commissioned officer in the Space Force may be given only 
to a person who— 
‘‘(1) is a citizen of the United States; 
‘‘(2) is at least 18 years of age; and 
‘‘(3) has such other physical, mental, moral, 
professional, and age qualifications as the Secretary 
of the Air Force may prescribe by regulation. 
‘‘(b) EXCEPTION.—A person who is otherwise quali-
fied, but who has a physical condition that the Secretary 
of the Air Force determines will not interfere with the per-
formance of the duties to which that person may be as-
signed, may be appointed as an officer in the Space Force. 
‘‘(a) CREDIT FOR PRIOR SERVICE.— 
‘‘(1) PRIOR COMMISSIONED SERVICE.—For the 
purpose of determining the grade and rank within 
grade of a person receiving an original appointment 
in a commissioned grade in the Space Force, such 
person shall be credited at the time of such appoint-
ment with any active commissioned service (other 
than service as a commissioned warrant officer) that 
the person performed in any uniformed service be-
fore such appointment. 
‘‘(2) PRIOR CIVILIAN SERVICE.—For the pur-
pose of determining the grade and rank within grade 
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of a person receiving an original appointment in a 
commissioned grade in the Space Force, such person 
may be credited at the time of such appointment 
with service as a civilian employee of a Federal 
agency in an occupation code or career field related 
to the skills and experience required for officers of 
the Space Force. The Secretary of the Air Force 
shall prescribe regulations establishing which civilian 
employee occupation codes and career fields may be 
considered as related to the skills and experience re-
quired for officers of the Space Force. 
‘‘(3) LIMITATION ON AMOUNT OF PRIOR COM-
MISSIONED SERVICE THAT MAY BE CREDITED.—The 
regulations prescribed by the Secretary of Defense 
under section 533 of this title shall apply to the 
Space Force to authorize the Secretary of the Air 
Force to limit the amount of prior active commis-
sioned service with which a person receiving an 
original appointment may be credited under para-
graph (1). 
‘‘(b) CREDIT FOR EDUCATION, TRAINING, AND EX-
PERIENCE.— 
‘‘(1) Under regulations prescribed by the Sec-
retary of the Air Force, the Secretary shall credit a 
person who is receiving an original appointment in 
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a commissioned grade in the Space Force and who 
has advanced education, training, or special experi-
ence with constructive service for such education, 
training, or experience in a particular officer career 
field as designated by the Secretary of the Air 
Force, if such education, training, or experience is 
directly related to the operational needs of the Space 
Force. 
‘‘(2) The Secretary may credit a person with 
constructive credit under this subsection for each in-
stance of relevant advanced education or training or 
special experience regardless of whether two or more 
such instances are concurrent. 
‘‘(3) The amount of constructive service cred-
ited an officer under this subsection may not exceed 
the amount required in order for the officer to be el-
igible for an original appointment in the grade of 
colonel. 
‘‘(4) Constructive service credited an officer 
under this subsection is in addition to any service 
credited that officer under subsection (a) and shall 
be credited at the time of the original appointment 
of the officer. 
‘‘(c) AUTHORIZED USE OF CONSTRUCTIVE CRED-
IT.—Constructive service credited an officer under sub-
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section (b) shall be used only for determining the offi-
cer’s— 
‘‘(1) initial grade; 
‘‘(2) rank in grade; and 
‘‘(3) service in grade for promotion eligibility. 
‘‘(d) EXCLUSION FOR GRADUATES OF THE SERVICE 
ACADEMIES.—A graduate of the United States Military 
Academy, the United States Naval Academy, or the 
United States Air Force Academy is not entitled to service 
credit under this section for service performed, or edu-
cation, training, or experience obtained, before graduation 
from such Academy.’’. 
(b) CONFORMING
AMENDMENTS
RELATING
TO 
ORIGINAL APPOINTMENTS.— 
(1) DEFINITIONS.—Section 101 of title 10, 
United States Code, is amended in subsection 
(b)(10) by inserting before the period at the end the 
following: ‘‘and, with respect to the appointment of 
a member of the armed forces in the Space Force, 
refers to that member’s most recent appointment in 
the Space Force that is neither a promotion nor a 
demotion’’. 
(2) ORIGINAL
APPOINTMENTS
OF
COMMIS-
SIONED
OFFICERS.—Section 531 of such title is 
amended— 
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(A) in subsection (a)— 
(i) in paragraphs (1) and (2)— 
(I) by inserting ‘‘and’’ after 
‘‘Regular Marine Corps’’; and 
(II) by striking ‘‘, and in the 
equivalent grades in the Regular 
Space Force’’; and 
(ii) by inserting after paragraph (2) 
the following new paragraph: 
‘‘(3) Original appointments in the grades of 
second lieutenant through colonel in the Space Force 
are provided for under section 20301 of this title.’’; 
and 
(B) in subsection (c), by striking ‘‘Regular 
Marine Corps, or Regular Space Force’’ and in-
serting ‘‘or Regular Marine Corps’’. 
(3) QUALIFICATIONS FOR ORIGINAL APPOINT-
MENT
AS
A
COMMISSIONED
OFFICER.—Section 
532(a) of such title is amended by striking ‘‘Regular 
Marine Corps, or Regular Space Force’’ and insert-
ing ‘‘or Regular Marine Corps’’. 
(4) SERVICE CREDIT UPON ORIGINAL APPOINT-
MENT AS A COMMISSIONED OFFICER.—Section 533 
of such title is amended— 
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(A) in subsection (a)(2), by striking ‘‘Ma-
rine Corps, and Space Force’’ and inserting 
‘‘and Marine Corps’’; and 
(B) in subsections (a)(1), (b)(1), and (f), 
by striking ‘‘Regular Marine Corps, or Regular 
Space Force’’ and inserting ‘‘or Regular Marine 
Corps’’. 
(c) SELECTION BOARDS AND PROMOTIONS.—Chap-
ter 205 of title 10, United States Code, as added by sub-
section (a), is amended by adding at the end the following 
new subchapters: 
‘‘SUBCHAPTER II—SELECTION BOARDS 
‘‘§ 20211. Convening of selection boards 
‘‘(a) IN GENERAL.—Whenever the needs of the serv-
ice require, the Secretary of the Air Force shall convene 
selection boards to recommend for promotion to the next 
higher permanent grade officers of the Space Force in 
each permanent grade from first lieutenant through briga-
dier general. 
‘‘(b) EXCEPTION FOR OFFICERS IN GRADE OF FIRST 
LIEUTENANT.—Subsection (a) does not require the con-
vening of a selection board in the case of Space Force offi-
cers in the permanent grade of first lieutenant when the 
Secretary of the Air Force recommends for promotion to 
the grade of captain under section 20238(a)(4)(A) of this 
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title all such officers whom the Secretary finds to be fully 
qualified for promotion. 
‘‘(c) SELECTION BOARDS FOR EARLY RETIREMENT 
OR DISCHARGE.—The Secretary of the Air Force may 
convene selection boards to recommend officers for early 
retirement under section 20404(a) of this title or for dis-
charge under section 20404(b) of this title. 
‘‘(d) REGULATIONS.—The convening of selection 
boards under subsection (a) shall be under regulations 
prescribed by the Secretary of the Defense. 
‘‘§ 20212. Composition of selection boards 
‘‘(a) 
APPOINTMENT
AND
COMPOSITION
OF 
BOARDS.— 
‘‘(1) Members of a selection board shall be ap-
pointed by the Secretary of Air Force in accordance 
with this section. A selection board shall consist of 
five or more officers of the Space Force. Each mem-
ber of a selection board must be serving in a grade 
higher than the grade of the officers under consider-
ation by the board, except that no member of a 
board may be serving in a grade below major. The 
members of a selection board shall include at least 
one member serving on sustained duty and at least 
one member in a space force active status who is not 
serving on sustained duty. The ratio of the members 
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of a selection board serving on sustained duty to 
members serving in a space force active status not 
on sustained duty shall, to the extent practicable, re-
flect the ratio of officers serving in each of those 
statuses who are being considered for promotion by 
the board. The members of a selection board shall 
represent the diverse population of the Space Force 
to the extent practicable. 
‘‘(2) REPRESENTATION
FROM
COMPETITIVE 
CATEGORIES.— 
‘‘(A) Except as provided in subparagraph 
(B), a selection board shall include at least one 
officer from each competitive category of offi-
cers to be considered by the board. 
‘‘(B) A selection board need not include an 
officer from a competitive category when there 
are no officers of that competitive category on 
the space force officer list in a grade higher 
than the grade of the officers to be considered 
by the board and eligible to serve on the board. 
‘‘(3) RETIRED OFFICERS.—If qualified officers 
on the space force officer list are not available in 
sufficient number to comprise a selection board, the 
Secretary of the Air Force shall complete the mem-
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bership of the board by appointing as members of 
the board— 
‘‘(A) Space Force officers who hold a 
grade higher than the grade of the officers 
under consideration by the board and who are 
retired officers; and 
‘‘(B) if sufficient Space Force officers are 
not available pursuant to subparagraph (A), Air 
Force officers who hold a grade higher than the 
grade of the officers under consideration by the 
board and who are retired officers, but only if 
the Air Force officer to be appointed to the 
board has served in a space-related career field 
of the Air Force for sufficient time such that 
the Secretary of the Air Force determines that 
the retired Air Force officer has adequate 
knowledge concerning the standards of perform-
ance and conduct required of an officer of the 
Space Force. 
‘‘(4) EXCLUSION OF RETIRED GENERAL OFFI-
CERS ON ACTIVE DUTY TO SERVE ON A BOARD FROM 
NUMERIC GENERAL OFFICER ACTIVE-DUTY LIMITA-
TIONS.—A retired general officer who is on active 
duty for the purpose of serving on a selection board 
shall not, while so serving, be counted against any 
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limitation on the number of general and flag officers 
who may be on active duty. 
‘‘(b) LIMITATION ON MEMBERSHIP ON CONSECUTIVE 
BOARDS.— 
‘‘(1) GENERAL RULE.—Except as provided in 
paragraph (2), no officer may be a member of two 
successive selection boards convened under section 
20211 of this title for the consideration of officers 
of the same grade. 
‘‘(2) 
EXCEPTION
FOR
GENERAL
OFFICER 
BOARDS.—Paragraph (1) does not apply with re-
spect to selection boards convened under section 
20211 of this title for the consideration of officers 
in the grade of colonel or brigadier general. 
‘‘(c) XJOINT QUALIFIED OFFICERS.— 
‘‘(1) Each selection board convened under sec-
tion 20211 of this title that will consider an officer 
described in paragraph (2) shall include at least one 
officer designated by the Chairman of the Joint 
Chiefs of Staff who is a joint qualified officer. 
‘‘(2) Paragraph (1) applies with respect to an 
officer who— 
‘‘(A) is serving on, or has served on, the 
Joint Staff; or 
‘‘(B) is a joint qualified officer. 
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‘‘(3) The Secretary of Defense may waive the 
requirement in paragraph (1) for any selection board 
of the Space Force. 
‘‘§ 20213. Notice of convening of selection boards 
‘‘(a) At least 30 days before a selection board is con-
vened under section 20211 of this title to recommend offi-
cers in a grade for promotion to the next higher grade, 
the Secretary of the Air Force shall provide to the officers 
who are eligible for consideration by the board and have 
not been excluded from consideration under section 
20216(d) of this title notification in writing of the date 
on which the board is to convene. In the notification, the 
Secretary shall inform an eligible officer of how many 
times, if any, the officer has previously been considered 
by a selection board convened under section 20211 for 
promotion to the grade to which the board described in 
the notification will recommend officers for promotion. 
‘‘(b) An officer eligible for consideration by a selec-
tion board convened under section 20211 of this title 
(other than an officer who has been excluded under 
20231(d) of this title from consideration by the board) 
may send a written communication to the board, to arrive 
not later than 10 calendar days before the date on which 
the board convenes, calling attention to any matter con-
cerning the officer that the officer considers important to 
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the officer’s case. The selection board shall give consider-
ation to any timely communication under this subsection. 
‘‘(c) An officer on the space force officer list in the 
grade of colonel or brigadier general who receives a notice 
under subsection (a) shall inform the Secretary of the offi-
cer’s preference to serve either on or off active duty if pro-
moted to the grade of brigadier general or major general, 
respectively. 
‘‘§ 20214. Recommendations for promotion by selec-
tion boards 
‘‘(a) BOARD
TO
RECOMMEND
OFFICERS
BEST 
QUALIFIED
FOR PROMOTION.—A selection board con-
vened under section 20211 of this title shall recommend 
for promotion to the next higher grade those officers con-
sidered by the board whom the board, giving due consider-
ation to the needs of the Space Force for officers with 
particular skills (as noted in the guidelines or information 
furnished the board under section 615(b) of this title), 
considers best qualified for promotion within each com-
petitive category considered by the board. 
‘‘(b) NUMBER
TO BE RECOMMENDED.—The Sec-
retary of the Air Force shall establish the number of offi-
cers such a selection board may recommend for promotion 
from among officers being considered. 
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‘‘(c) BOARD PROCEDURES FOR RECOMMENDATIONS; 
LIMITATIONS.—A selection board convened under section 
20211 of this title may not recommend an officer for pro-
motion unless— 
‘‘(1) the officer receives the recommendation of 
a majority of the members of the board; 
‘‘(2) a majority of the members of the board 
finds that the officer is fully qualified for promotion; 
and 
‘‘(3) a majority of the members of the board, 
after consideration by all members of the board of 
any adverse information about the officer that is 
provided to the board under section 615 of this title, 
finds that the officer is among the officers best 
qualified for promotion to meet the needs of the 
Space Force consistent with the requirement of ex-
emplary conduct set forth in section 9233 of this 
title. 
‘‘(d) LIMITATION ON PROMOTIONS UNDER OTHER 
AUTHORITY.—Except as otherwise provided by law, a 
Space Force officer may not be promoted to a higher 
grade under this chapter unless the officer is considered 
and recommended for promotion to that grade by a selec-
tion board convened under this chapter or, in the case of 
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an officer transferring into the Space Force from another 
armed force, chapter 36 or chapter 1403 of this title. 
‘‘(e) DISCLOSURE OF BOARD RECOMMENDATIONS.— 
The recommendations of a selection board may be dis-
closed only in accordance with regulations prescribed by 
the Secretary of Defense. Those recommendations may 
not be disclosed to a person not a member of the board 
(or a member of the administrative staff designated by 
the Secretary of the Air Force to assist the board) until 
the written report of the recommendations of the board, 
required by section 617 of this title, is signed by each 
member of the board. 
‘‘(f) PROHIBITION ON ATTEMPTING TO INFLUENCE 
MEMBERS OF A BOARD.—The Secretary of the Air Force, 
and an officer or other official exercising authority over 
any member of a selection board, may not— 
‘‘(1) censure, reprimand, or admonish the selec-
tion board or any member of the board with respect 
to the recommendations of the board or the exercise 
of any lawful function within the authorized discre-
tion of the board; or 
‘‘(2) attempt to coerce or, by any unauthorized 
means, influence any action of a selection board or 
any member of a selection board in the formulation 
of the board’s recommendations. 
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‘‘(g) HIGHER PLACEMENT ON PROMOTION LIST OF 
OFFICER OF PARTICULAR MERIT.— 
‘‘(1) In selecting the officers to be rec-
ommended for promotion, a selection board shall, 
when authorized by the Secretary of the Air Force, 
recommend officers of particular merit, pursuant to 
guidelines and procedures prescribed by the Sec-
retary, from among those officers selected for pro-
motion, to be placed higher on the promotion list es-
tablished by the Secretary under section 624(a)(1) 
of this title. 
‘‘(2) An officer may be recommended to be 
placed higher on a promotion list under paragraph 
(1) only if the officer receives the recommendation 
of at least a majority of the members of the board, 
unless the Secretary of the Air Force establishes an 
alternative requirement. Any such alternative re-
quirement shall be furnished to the board as part of 
the guidelines furnished to the board under section 
615 of this title. 
‘‘(3) For the officers recommended to be placed 
higher on a promotion list under paragraph (1), the 
board shall recommend, pursuant to guidelines and 
procedures prescribed by the Secretary, the order in 
which those officers should be placed on the list. 
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‘‘§ 20215. Reports of selection boards 
‘‘(a) IN GENERAL.—Each selection board convened 
under section 20211 of this title shall submit to the Sec-
retary of the Air Force a written report, signed by each 
member of the board, containing a list of the names of 
the officers it recommends for promotion and certifying— 
‘‘(1) that the board has carefully considered the 
record of each officer whose name was furnished to 
it under section 615 of this title; and 
‘‘(2) that, in the opinion of a majority of the 
members of the board, the officers recommended for 
promotion by the board are best qualified for pro-
motion to meet the needs of the Space Force (as 
noted in the guidelines or information furnished the 
board under section 615(b) of this title) among 
those officers whose names were furnished to the se-
lection board. 
‘‘(b) OFFICERS WHO SHOULD BE REQUIRED
TO 
SHOW CAUSE FOR RETENTION.—A selection board con-
vened under section 20211 of this title shall include in 
its report the name of any officer before it for consider-
ation for promotion whose record, in the opinion of a ma-
jority of the members of the board, indicates that the offi-
cer should be required under section 20503 of this title 
to show cause for the officer’s retention in a space force 
active status. 
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‘‘(c) OFFICERS RECOMMENDED
TO BE PLACED 
HIGHER ON THE PROMOTION LIST.—A selection board 
convened under section 20211 of this title shall, when au-
thorized under section 20214(g) of this title, include in 
its report the names of those officers recommended by the 
board to be placed higher on the promotion list and the 
order in which the board recommends that those officers 
should be placed on the list. 
‘‘§ 20216. Action on reports of selection boards for 
promotion to brigadier general or major 
general 
‘‘After reviewing a report received under section 
20215 of this title recommending officers on the space 
force officer list for promotion to the grade of brigadier 
general or major general, but before submitting the report 
to the Secretary of Defense, the Secretary of the Air Force 
may, under regulations prescribed by the Secretary of the 
Air Force, adjust the placement of officers on the pro-
motion list recommended in the report in order to further 
Space Force mission accomplishment. 
‘‘SUBCHAPTER III—PROMOTIONS 
‘‘§ 20231. Eligibility for consideration for promotion: 
time-in-grade and other requirements 
‘‘(a) TIME-IN-GRADE REQUIREMENTS.— 
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‘‘(1) An officer who is in a space force active 
status on the space force officer list and holds a per-
manent appointment in the grade of second lieuten-
ant or first lieutenant may not be promoted to the 
next higher permanent grade until the officer has 
completed the following period of service in the 
grade in which the officer holds a permanent ap-
pointment: 
‘‘(A) Eighteen months, in the case of an 
officer holding a permanent appointment in the 
grade of second lieutenant. 
‘‘(B) Two years, in the case of an officer 
holding a permanent appointment in the grade 
of first lieutenant. 
‘‘(2) Except as authorized by section 20233 of 
this title, an officer who is in a space force active 
status on the space force officer list and holds a per-
manent appointment in a grade above first lieuten-
ant may not be considered for selection for pro-
motion to the next higher permanent grade until the 
officer has completed the following period of service 
in the grade in which the officer holds a permanent 
appointment: 
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‘‘(A) Three years, in the case of an officer 
holding a permanent appointment in the grade 
of captain, major, or lieutenant colonel. 
‘‘(B) One year, in the case of an officer 
holding a permanent appointment in the grade 
of colonel or brigadier general. 
‘‘(3) When the needs of the service require, the 
Secretary of the Air Force may prescribe a longer 
period of service in grade for eligibility for pro-
motion, in the case of officers to whom paragraph 
(1) applies, or for eligibility for consideration for 
promotion, in the case of officers to whom para-
graph (2) applies. 
‘‘(4) In computing service in grade for purposes 
of this section, service in a grade held as a result of 
assignment to a position is counted as service in the 
grade in which the officer would have served except 
for such assignment or appointment. 
‘‘(b) AUTHORITY TO PRECLUDE FROM CONSIDER-
ATION CERTAIN OFFICERS BASED ON TIME OF ENTRY 
ON OR DEPARTURE FROM SUSTAINED DUTY.—The Sec-
retary of the Air Force— 
‘‘(1) may, by regulation, prescribe a period of 
time, not to exceed one year, from the time an offi-
cer on the space force officer list transfers on or off 
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of sustained duty during which the officer shall be 
ineligible for consideration for promotion; and 
‘‘(2) may, by regulation, preclude from consid-
eration by a selection board by which the officer 
would otherwise be eligible to be considered, an offi-
cer who has an established separation date that is 
within 90 days after the date on which the board is 
to be convened. 
‘‘(c) CERTAIN
OFFICERS
NOT
TO
BE
CONSID-
ERED.—A selection board convened under section 20211 
of this title may not consider for promotion to the next 
higher grade any of the following officers: 
‘‘(1) An officer whose name is on a promotion 
list for that grade as a result of the officer’s selec-
tion for promotion to that grade by an earlier selec-
tion board convened under that section. 
‘‘(2) An officer who is recommended for pro-
motion to that grade in the report of an earlier se-
lection board convened under that section, in the 
case of such a report that has not yet been approved 
by the President. 
‘‘(3) An officer in the grade of first lieutenant 
who is on an approved all-fully-qualified-officers list 
under section 20419 of this title. 
‘‘(4) An officer excluded under subsection (d). 
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‘‘(d) AUTHORITY TO ALLOW OFFICERS TO OPT OUT 
OF SELECTION BOARD CONSIDERATION.— 
‘‘(1) The Secretary of the Air Force may pro-
vide that an officer on the space force officer list 
may, upon the officer’s request and with the ap-
proval of the Secretary, be excluded from consider-
ation by a selection board convened under section 
20211 of this title to consider officers for promotion 
to the next higher grade. 
‘‘(2) The Secretary of the Air Force may only 
approve a request under paragraph (1) if the Sec-
retary determines the exclusion from consideration is 
in the best interest of the Space Force. 
‘‘§ 20232. Eligibility for consideration for promotion: 
senior commander nominations 
‘‘(a) IN GENERAL.—Under regulations prescribed by 
the Secretary of the Air Force and subject to subsection 
(b), a board convened under section 20211 of this title 
may consider for promotion to the next higher grade an 
officer in a space force active status on the space force 
officer list in the grade of captain, major, or lieutenant 
colonel who— 
‘‘(1) does not meet the requirements of section 
20412 of this title with respect to time-in-grade; or 
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‘‘(2) has already been considered for promotion 
by a selection board convened under section 20211 
of this title the maximum number of times as deter-
mined by the Secretary under section 20415 of this 
title and has failed of selection for promotion each 
time. 
‘‘(b) NOMINATION REQUIRED.—The regulations pre-
scribed under subsection (a) shall require that, in order 
for an officer described in that subsection to be considered 
for promotion by a board convened under section 20211 
of this title, the officer must be nominated by the com-
manding general of the Space Force Field Command to 
which the officer is assigned or, in the case of an officer 
on the space force officer list not assigned to a unit subor-
dinate to a Space Force Field Command, the first lieuten-
ant general, or civilian equivalent, in the officer’s chain 
of command or supervision. For an officer on the space 
force officer list assigned to a joint position, or a position 
within a Federal department or agency outside of the De-
partment of the Air Force, the nomination may be made 
by a lieutenant general in the Army, Air Force, or Marine 
Corps or a vice admiral in the Navy, or the civilian equiva-
lent. 
‘‘(c) NOMINATION.— 
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‘‘(1) The regulations prescribed under sub-
section (a) shall establish clear, competency-based 
criteria for use by the nominating officer or official 
in determining whether an officer described in sub-
section (a) should be nominated for consideration for 
promotion. 
‘‘(2) An officer on the space force officer list 
may only be nominated under this section if (A) the 
officer is not eligible for consideration for promotion 
by a selection board convened under section 20211 
of this title, and (B) the officer has not twice pre-
viously been promoted to a higher grade on the 
space force officer list under this section. 
‘‘(3) A nomination under this section shall be 
submitted to the Chief Human Capital Officer of the 
Space Force and shall provide sufficient information 
and justification for the opinion of the nominating 
officer that the nominated officer meets the requisite 
competency-based requirements for service in a high-
er grade and is exceptionally well qualified for pro-
motion despite not meeting the eligibility require-
ments for consideration for promotion under section 
20412 of this title. 
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‘‘§ 20233. Eligibility for consideration for promotion: 
designation as joint qualified officer re-
quired before promotion to brigadier 
general; exceptions 
‘‘(a) GENERAL RULE.—An officer on the space force 
officer list may not be appointed to the grade of brigadier 
general unless the officer has been designated as a joint 
qualified officer in accordance with section 661 of this 
title. 
‘‘(b) EXCEPTIONS.—Subject to subsection (c), the 
Secretary of Defense may waive subsection (a) in the fol-
lowing circumstances: 
‘‘(1) When necessary for the good of the serv-
ice. 
‘‘(2) In the case of an officer whose proposed 
selection for promotion is based primarily upon sci-
entific and technical qualifications for which joint re-
quirements do not exist. 
‘‘(3) In the case of an officer selected by a pro-
motion board for appointment to the grade of briga-
dier general while serving in a joint duty assignment 
if— 
‘‘(A) the officer’s total consecutive service 
in joint duty assignments is not less than two 
years; and 
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‘‘(B) the officer has successfully completed 
a program of education described in subsections 
(b) and (c) of section 2155 of this title. 
‘‘(4) In the case of an officer who— 
‘‘(A) is selected by a promotion board for 
appointment to the grade of brigadier general; 
‘‘(B) is not exempted under subsection (g); 
and 
‘‘(C) has successfully completed the edu-
cation requirements prescribed in subparagraph 
(A) of section 661(c)(1) of this title but has not 
been afforded the opportunity to complete the 
experience requirements described in subpara-
graph (B) of that section. 
‘‘(c) WAIVER TO BE INDIVIDUAL.—A waiver may be 
granted under subsection (b) only on a case-by-case basis 
in the case of an individual officer. 
‘‘(d) SPECIAL RULE
FOR GOOD-OF-THE-SERVICE 
WAIVER.—In the case of a waiver under subsection (b)(1), 
the Secretary of Defense shall provide that the first duty 
assignment as a general or flag officer of the officer for 
whom the waiver is granted shall be in a joint duty assign-
ment. 
‘‘(e) LIMITATION ON DELEGATION OF WAIVER AU-
THORITY.—The authority of the Secretary of Defense to 
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grant a waiver under subsection (b)(4) may be delegated 
to the Secretary of the Air Force and may not be further 
delegated. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out this section. The regula-
tions shall specifically identify for purposes of subsection 
(b)(2) those categories of officers for which selection for 
promotion to brigadier general is based primarily upon sci-
entific and technical qualifications for which joint require-
ments do not exist. 
‘‘(g) EXEMPTION.—Subsection (a) shall not apply to 
an officer who transfers to the Space Force from a reserve 
component before the first day of the sixth fiscal year be-
ginning after the date of the enactment of this section, 
and who, as of the date of the transfer, is serving in the 
grade of major, lieutenant colonel, or colonel or, in the 
case of the Navy or Coast Guard, lieutenant commander, 
commander, or captain. 
‘‘§ 20234. Opportunities for consideration for pro-
motion 
‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNI-
TIES FOR CONSIDERATION FOR PROMOTION.—Under reg-
ulations prescribed by the Secretary of Defense, the Sec-
retary of the Air Force shall specify the number of oppor-
tunities for consideration for promotion to be afforded to 
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Space Force officers for promotion to each grade above 
the grade of captain. 
‘‘(b) LIMITATION ON NUMBER OF OPPORTUNITIES 
THAT MAY BE SPECIFIED.—The number of opportunities 
for consideration for promotion to be afforded officers of 
the Space Force for promotion to a particular grade may 
not be fewer than two and may not exceed five. 
‘‘(c) LIMITED AUTHORITY OF SECRETARY OF THE 
AIR FORCE TO MODIFY NUMBER OF OPPORTUNITIES.— 
The Secretary of the Air Force may change the number 
of opportunities for consideration for promotion to a par-
ticular grade not more frequently than once every five 
years. 
‘‘(d) AUTHORITY OF SECRETARY OF DEFENSE TO 
MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of 
Defense may modify the number of opportunities for con-
sideration for promotion to be afforded officers of the 
Space Force for promotion to a particular grade. 
‘‘§ 20235. Space Force officer list 
‘‘(a) SINGLE LIST.—The Secretary of the Air Force 
shall maintain a single list of all Space Force officers serv-
ing in a space force active status. The list shall be known 
as the space force officer list. 
‘‘(b) ORDER OF OFFICERS ON LIST.—Officers shall 
be carried on the space force officer list in the order of 
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seniority of the grade in which they are serving. Officers 
serving in the same grade shall be carried in the order 
of their rank in that grade. 
‘‘(c) EFFECT OF SERVICE IN A TEMPORARY AP-
POINTMENT.—An officer whose position on the space force 
officer list results from service under a temporary appoint-
ment or in a grade held by reason of assignment to a posi-
tion has, when that appointment or assignment ends, the 
grade and position on the space force officer list that the 
officer would have held if the officer had not received that 
appointment or assignment. 
‘‘§ 20236. Competitive categories 
‘‘(a) REQUIREMENT
TO ESTABLISH COMPETITIVE 
CATEGORIES FOR PROMOTION.—Under regulations pre-
scribed by the Secretary of Defense, the Secretary of the 
Air Force shall establish at least one competitive category 
for promotion for officers on the space force officer list. 
Each officer whose name appears on the space force offi-
cer list shall be carried in a competitive category of offi-
cers. Officers in the same competitive category shall com-
pete among themselves for promotion. 
‘‘(b) SINGLE COMPETITIVE CATEGORY
FOR PRO-
MOTION TO GENERAL OFFICER GRADES.—The Secretary 
of the Air Force shall establish a single competitive cat-
egory for all officers on the space force officer list who 
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will be considered by a selection board convened under sec-
tion 20211 of this title for promotion to the grade of brig-
adier general or major general. 
‘‘§ 20237. Numbers to be recommended for promotion 
‘‘(a) PROMOTION
TO GRADES BELOW BRIGADIER 
GENERAL.— 
‘‘(1) Before convening a selection board under 
section 20211 of this title to consider officers for 
recommendation for promotion to a grade below 
brigadier general and in any competitive category, 
the Secretary of the Air Force shall determine— 
‘‘(A) the number of positions needed to ac-
complish mission objectives which require offi-
cers of that competitive category in the grade to 
which the board will recommend officers for 
promotion; 
‘‘(B) the estimated number of officers 
needed to fill vacancies in those positions dur-
ing the period in which it is anticipated that of-
ficers selected for promotion will be promoted; 
and 
‘‘(C) the number of officers in a space 
force active status authorized by the Secretary 
of the Air Force to serve both on sustained 
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duty and not on sustained duty in the grade 
and competitive category under consideration. 
‘‘(2) Based on the determinations under para-
graph (1), the Secretary of the Air Force shall de-
termine the maximum number of officers in that 
competitive category which the selection board may 
recommend for promotion. 
‘‘(b) PROMOTION
TO BRIGADIER GENERAL
AND 
MAJOR GENERAL.— 
‘‘(1) Before convening a selection board under 
section 20211 of this title to consider officers for 
recommendation for promotion to the grade of briga-
dier general or major general, the Secretary of the 
Air Force shall determine— 
‘‘(A) the number of positions needed to ac-
complish mission objectives which require offi-
cers serving in a space force active status on 
sustained duty, and in a space force active sta-
tus not on sustained duty, in the grade to which 
the board will recommend officers for pro-
motion; and 
‘‘(B) the estimated number of officers on 
sustained duty and not on sustained duty need-
ed to fill vacancies in those positions over the 
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24-month period beginning on the date on 
which the selection board convenes. 
‘‘(2) Based on the determinations under para-
graph (1), the Secretary of the Air Force shall de-
termine the maximum number of officers serving in 
a space force active status on sustained duty, and 
the maximum number of officers serving in a space 
force active status not on sustained duty, which the 
selection board may recommend for promotion. 
‘‘§ 20238. Promotions: how made; authorized delay of 
promotions 
‘‘(a) PROCEDURE FOR PROMOTION OF OFFICERS ON 
AN APPROVED PROMOTION LIST.— 
‘‘(1) PLACEMENT
OF
NAMES
ON
PROMOTION 
LIST.—When the report of a selection board con-
vened under section 20211 of this title is approved 
by the President, the Secretary of the Air Force 
shall place the names of all officers approved for 
promotion within a competitive category on a single 
list for that competitive category, to be known as a 
promotion list, in the order of the seniority of such 
officers on the list or based on particular merit, as 
determined by the promotion board, or as modified 
by the Secretary of the Air Force under section 
20216 of this title. A promotion list is considered to 
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be established under this section as of the date of 
the approval of the report of the selection board 
under the preceding sentence. 
‘‘(2) ORDER AND TIMING OF PROMOTIONS.— 
Except as provided in subsection (d), officers on a 
promotion list for a competitive category shall be 
promoted to the next higher grade when additional 
officers in that grade and competitive category are 
needed. Promotions shall be made in the order in 
which the names of officers appear on the promotion 
list and after officers previously selected for pro-
motion in that competitive category have been pro-
moted. Officers to be promoted to the grade of first 
lieutenant shall be promoted in accordance with reg-
ulations prescribed by the Secretary of the Air 
Force. 
‘‘(3) LIMITATION ON PROMOTIONS TO GENERAL 
OFFICER GRADES TO COMPLY WITH STRENGTH LIMI-
TATIONS.—Under regulations prescribed by the Sec-
retary of Defense, the promotion of an officer on the 
space force officer list to the grade of brigadier gen-
eral or major general shall be delayed if that pro-
motion would cause any strength limitation of sec-
tion 526 of this title to be exceeded. The delay shall 
expire when the Secretary of the Air Force deter-
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mines that the delay is no longer required to ensure 
compliance with the strength limitation. 
‘‘(4) PROMOTION OF FIRST LIEUTENANTS ON 
AN ALL-FULLY-QUALIFIED OFFICERS LIST.— 
‘‘(A) Except as provided in subsection (d), 
officers on the space force officer list in the 
grade of first lieutenant who are on an ap-
proved all-fully-qualified-officers list shall be 
promoted to the grade of captain in accordance 
with regulations prescribed by the Secretary of 
the Air Force. 
‘‘(B) An all-fully-qualified-officers list shall 
be considered to be approved for purposes of 
subparagraph (A) when the list is approved by 
the President. When so approved, such a list 
shall be treated in the same manner as a pro-
motion list under this chapter. 
‘‘(C) The Secretary of the Air Force may 
make a recommendation to the President for 
approval of an all-fully-qualified-officers list 
only when the Secretary determines that all of-
ficers on the list are needed in the next higher 
grade to accomplish mission objectives. 
‘‘(D) For purposes of this paragraph, an 
all-fully-qualified-officers list is a list of all offi-
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cers on the space force officers list in a grade 
who the Secretary of the Air Force deter-
mines— 
‘‘(i) are fully qualified for promotion 
to the next higher grade; and 
‘‘(ii) would be eligible for consider-
ation for promotion to the next higher 
grade by a selection board convened under 
section 20211 of this title upon the con-
vening of such a board. 
‘‘(E) If the Secretary of the Air Force de-
termines that one or more officers or former of-
ficers were not placed on an all-fully-qualified- 
list under this paragraph because of adminis-
trative error, the Secretary may prepare a sup-
plemental all-fully-qualified-officers list con-
taining the names of any such officers for ap-
proval in accordance with this paragraph. 
‘‘(b) DATE OF RANK.—The date of rank of an officer 
appointed to a higher grade under this section is deter-
mined under section 741(d) of this title. 
‘‘(c) 
APPOINTMENT
AUTHORITY.—Appointments 
under this section shall be made by the President, by and 
with the advice and consent of the Senate, except that ap-
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pointments under this section in the grade of first lieuten-
ant or captain shall be made by the President alone. 
‘‘(d) AUTHORITY
TO DELAY APPOINTMENTS
FOR 
SPECIFIED REASONS.—The provisions of subsection (d) of 
section 624 of this title shall apply to the appointment 
of an officer under this section in the same manner as 
they apply to an appointment of an officer under that sec-
tion, and any reference in that subsection to an active- 
duty list shall be treated for purposes of applicability to 
an officer of the Space Force as referring to the space 
force officer list. 
‘‘SUBCHAPTER IV—PERSONS NOT CONSIDERED 
FOR PROMOTION AND OTHER PROMOTION- 
RELATED PROVISIONS 
‘‘§ 20251. Special selection boards 
‘‘(a) PERSONS NOT CONSIDERED
BY PROMOTION 
BOARD DUE TO ADMINISTRATIVE ERROR.— 
‘‘(1) If the Secretary of the Air Force deter-
mines that because of administrative error a person 
who should have been considered for selection for 
promotion by a selection board convened under sec-
tion 20211 of this title was not so considered, the 
Secretary shall convene a special selection board 
under this subsection to determine whether that per-
son should be recommended for promotion. 
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‘‘(2) A special selection board convened under 
paragraph (1) shall consider the record of the person 
whose name was referred to it for consideration as 
that record would have appeared to the board that 
should have considered the person. That record shall 
be compared with a sampling of the records of those 
officers of the same competitive category who were 
recommended for promotion, and those officers who 
were not recommended for promotion, by the board 
that should have considered the person. 
‘‘(3) If a special selection board convened under 
paragraph (1) does not recommend for promotion a 
person whose name was referred to it for consider-
ation for selection for appointment to a grade other 
than a general officer grade, the person shall be con-
sidered to have failed of selection for promotion. 
‘‘(b) PERSONS CONSIDERED BY PROMOTION BOARD 
IN UNFAIR MANNER.— 
‘‘(1) If the Secretary of the Air Force deter-
mines, in the case of a person who was considered 
for selection for promotion by a board convened 
under section 20211 of this title but was not se-
lected, that there was material unfairness with re-
spect to that person, the Secretary may convene a 
special selection board under this subsection to de-
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termine whether that person should be recommended 
for promotion. In order to determine that there was 
material unfairness, the Secretary must determine 
that— 
‘‘(A) the action of the selection board that 
considered the person was contrary to law in a 
matter material to the decision of the board or 
involved material error of fact or material ad-
ministrative error; or 
‘‘(B) the board did not have before it for 
its consideration material information. 
‘‘(2) A special selection board convened under 
paragraph (1) shall consider the record of the person 
whose name was referred to it for consideration as 
that record, if corrected, would have appeared to the 
board that considered the person. That record shall 
be compared with the records of a sampling of those 
officers of the same competitive category who were 
recommended for promotion, and those officers who 
were not recommended for promotion, by the board 
that considered the person. 
‘‘(3) If a special selection board convened under 
paragraph (1) does not recommend for promotion a 
person whose name was referred to it for consider-
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ation, the person incurs no additional failure of se-
lection for promotion. 
‘‘(c) REPORTS OF BOARDS.— 
‘‘(1) Each special selection board convened 
under this section shall submit to the Secretary of 
the Air Force a written report, signed by each mem-
ber of the board, containing the name of each person 
it recommends for promotion and certifying that the 
board has carefully considered the record of each 
person whose name was referred to it. 
‘‘(2) The provisions of sections 20215 and 
20216 of this title apply to the report and pro-
ceedings of a special selection board convened under 
this section in the same manner as they apply to the 
report and proceedings of a selection board convened 
under section 20211 of this title. 
‘‘(d) APPOINTMENT
OF PERSONS SELECTED
BY 
BOARDS.— 
‘‘(1) If the report of a special selection board 
convened under this section, as approved by the 
President, recommends for promotion to the next 
higher grade a person whose name was referred to 
it for consideration, that person shall, as soon as 
practicable, be appointed to that grade in accordance 
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with subsections (b), (c), and (d) of section 20238 
of this title. 
‘‘(2) A person who is appointed to the next 
higher grade as the result of the recommendation of 
a special selection board convened under this section 
shall, upon that appointment, have the same date of 
rank, the same effective date for the pay and allow-
ances of that grade, and the same position on the 
space force officer list as the person would have had 
if the person had been recommended for promotion 
to that grade by the board which should have con-
sidered, or which did consider, the person. 
‘‘(e) DECEASED PERSONS.—If a person whose name 
is being considered for referral to a special selection board 
under this section dies before the completion of pro-
ceedings under this section with respect to that person, 
this section shall be applied to that person posthumously. 
‘‘(f) CONVENING OF BOARDS.—A board convened 
under this section— 
‘‘(1) shall be convened under regulations pre-
scribed by the Secretary of Defense; 
‘‘(2) shall be composed in accordance with sec-
tion 20212 of this title and regulations prescribed by 
the Secretary of the Air Force; and 
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‘‘(3) shall be subject to the provisions of section 
613 of this title. 
‘‘(g) JUDICIAL REVIEW.—The provisions of sub-
section (g) of section 628 of this title (relating to judicial 
review) apply to the following actions with respect of any 
person in the same manner as those provisions apply to 
corresponding actions under such section 628 with respect 
to an officer or former officer of the Air Force: 
‘‘(1) A determination by the Secretary of the 
Air Force under subsection (a)(1) or (b)(1) not to 
convene a special selection board. 
‘‘(2) The action of a special selection board con-
vened under this section. 
‘‘(3) An action of the Secretary of the Air 
Force on the report of such a board. 
‘‘(h) LIMITATIONS OF OTHER JURISDICTION.—No 
official or court of the United States may, with respect 
to a claim based to any extent on the failure of a person 
to be selected for promotion by a promotion board— 
‘‘(1) consider the claim unless the person has 
first been referred by the Secretary of the Air Force 
to a special selection board convened under this sec-
tion and acted upon by that board and the report of 
the board has been approved by the President; or 
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‘‘(2) except as provided in subsection (g), grant 
any relief on the claim unless the person has been 
selected for promotion by a special selection board 
convened under this section to consider the person 
for recommendation for promotion and the report of 
the board has been approved by the President. 
‘‘(i) EXISTING JURISDICTION.—Nothing in this sec-
tion limits— 
‘‘(1) the jurisdiction of any court of the United 
States under any provision of law to determine the 
validity of any law, regulation, or policy relating to 
selection boards; or 
‘‘(2) the authority of the Secretary of the Air 
Force to correct a military record under section 
1552 of this title. 
‘‘(j) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary of the Air 
Force shall prescribe regulations to carry out this 
section. 
‘‘(2) EXCLUSION.—Regulations under this sub-
section may not apply to subsection (g) of section 
628 of this title (as incorporated by subsection (g) 
of this section), other than to paragraph (3)(C) of 
that subsection. 
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‘‘(3) PRESCRIBING
OF
CIRCUMSTANCES
FOR 
CONSIDERATION
BY
A
BOARD
UNDER
THIS
SEC-
TION.—The Secretary may prescribe in the regula-
tions under this subsection the circumstances under 
which consideration by a special selection board may 
be provided for under this section, including the fol-
lowing: 
‘‘(A) The circumstances under which con-
sideration of a person’s case by a special selec-
tion board is contingent upon application by or 
for that person. 
‘‘(B) Any time limits applicable to the fil-
ing of an application for such consideration. 
‘‘(4) REGULATIONS SUBJECT TO SECRETARY OF 
DEFENSE APPROVAL.—Regulations prescribed by the 
Secretary of the Air Force under this subsection 
may not take effect until approved by the Secretary 
of Defense. 
‘‘§ 20252. Other promotion matters 
‘‘(a) SPECIAL SELECTION BOARD MATTERS.—The 
reference in section 628(a)(1) of this title to a person 
above the promotion zone does not apply in the promotion 
of officers on the space force officer list. 
‘‘(b) With respect to the promotion of officers on the 
space force officer list, the provisions of part II of subtitle 
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A that refer to the effect of twice failing of selection for 
promotion do not apply. 
‘‘SUBCHAPTER V—APPLICABILITY OF OTHER 
LAWS 
‘‘§ 20261. Applicability of certain DOPMA officer per-
sonnel policy provisions 
‘‘Except as otherwise modified or provided for in this 
chapter, the following provisions of chapter 36 of this title 
(relating to promotion, separation, and involuntary retire-
ment of officers on the active-duty list) shall apply to 
Space Force officers and officer promotions: 
‘‘(1) Subchapter I (relating to selection boards). 
‘‘(2) Subchapter II (relating to promotions). 
‘‘(3) Subchapter III (relating to failure of selec-
tion for promotion and retirement for years of serv-
ice), other than sections 627, 631, and 632. 
‘‘(4) Subchapter IV (relating to continuation on 
active duty and selective early retirement), other 
than sections 637, 637a, and 638. 
‘‘(5) Subchapter V (additional provisions relat-
ing to promotion, separation, and retirement). 
‘‘(6) Subchapter VI (relating to alternative pro-
motion authority for officers in designated competi-
tive categories).’’. 
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(d) TEMPORARY (‘‘BREVET’’) PROMOTIONS FOR OF-
FICERS WITH CRITICAL SKILLS.—Section 605 of title 10, 
United States Code, is amended as follows: 
(1) COVERAGE OF SPACE FORCE OFFICERS.— 
Subsections (a), (b)(2)(A), (f)(1), and (f)(2) are 
amended by striking ‘‘or Marine Corps,’’ each place 
it appears and inserting ‘‘Marine Corps, or Space 
Force,’’. 
(2) DISAGGREGATION OF AIR FORCE MAXIMUM 
NUMBERS.—Subsection (g) is amended— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by striking paragraph (2) and insert-
ing the following new paragraphs (2) and (3): 
‘‘(2) In the case of the Air Force— 
‘‘(A) as captain 95; 
‘‘(B) as major, 305; 
‘‘(C) as lieutenant colonel, 165; and 
‘‘(D) as colonel, 75. 
‘‘(3) In the case of the Space Force— 
‘‘(A) as captain, 5; 
‘‘(B) as major, 20; 
‘‘(C) as lieutenant colonel, 10; and 
‘‘(D) as colonel, 5.’’. 
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SEC. 1717. ENLISTED MEMBERS. 
(a) IN GENERAL.—Subtitle F of title 10, United 
States Code, as amended by section 1716, is further 
amended by adding at the end the following new chapter: 
‘‘CHAPTER 2007—ENLISTED MEMBERS 
‘‘Sec. 
‘‘20301. Original enlistments: qualifications; grade. 
‘‘20302. Enlisted members: term of enlistment. 
‘‘20303. Reference to chapter 31. 
‘‘§ 20301. Original enlistments: qualifications; grade 
‘‘(a) ORIGINAL ENLISTMENTS.— 
‘‘(1) AUTHORITY TO ACCEPT.—The Secretary 
of the Air Force may accept original enlistments in 
the Space Force of qualified, effective, and able-bod-
ied persons. 
‘‘(2) AGE.—A person accepted for original en-
listment shall be not less than seventeen years of 
age. However, no person under eighteen years of age 
may be originally enlisted without the written con-
sent of the person’s parent or guardian, if the per-
son has a parent or guardian entitled to the person’s 
custody and control. 
‘‘(b) GRADE.—A person is enlisted in the Space 
Force in the grade prescribed by the Secretary of the Air 
Force. 
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‘‘§ 20302. Enlisted members: term of enlistment 
‘‘(a) TERM OF ORIGINAL ENLISTMENTS.—The Sec-
retary of the Air Force may accept original enlistments 
of persons for the duration of their minority or for a pe-
riod of at least two but not more than eight years in the 
Space Force. 
‘‘(b) TERM OF REENLISTMENTS.—The Secretary of 
the Air Force may accept a reenlistment in the Space 
Force for a period determined in accordance with para-
graphs (2), (3), and (4) of section 505(d) of this title. 
‘‘§ 20303. Reference to chapter 31 
‘‘For other provisions of this title applicable to enlist-
ments in the Space Force, see chapter 31 of this title.’’. 
(b) AMENDMENTS TO TITLE 10 CHAPTER RELATING 
TO ENLISTMENTS.—Chapter 31 of such title is amended 
as follows: 
(1) RECRUITING
CAMPAIGNS.—Section 503(a) 
is amended by inserting ‘‘and the Space Force’’ 
after ‘‘Regular Coast Guard’’. 
(2) QUALIFICATIONS, TERM, GRADE.—Section 
505 is amended— 
(A) by striking ‘‘Regular Space Force,’’ 
each place it appears; and 
(B) by adding at the end the following new 
subsection: 
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‘‘(e) ENLISTMENTS IN THE SPACE FORCE.—For en-
listments in the Space Force, see sections 20301 and 
20302 of this title.’’. 
(3) EXTENSION
OF
ENLISTMENTS
DURING 
WAR.—Section 506 is amended by striking ‘‘Reg-
ular’’ before ‘‘Space Force’’. 
(4) REENLISTMENT.—Section 508 is amended 
striking ‘‘Regular’’ before ‘‘Space Force’’ in sub-
sections (b) and (c). 
(5) ENLISTMENT INCENTIVES FOR PURSUIT OF 
SKILLS
TO
FACILITATE
NATIONAL
SERVICE.—Sec-
tion 510(c) is amended— 
(A) in paragraph (2), by inserting ‘‘or the 
Space Force’’ after ‘‘Selected Reserve’’; and 
(B) in paragraph (3)— 
(i) by redesignating subparagraphs 
(D) and (E) as subparagraphs (E) and 
(F), respectively; 
(ii) by inserting after subparagraph 
(C) the following new subparagraph (D): 
‘‘(D) in the Space Force;’’; and 
(iii) in subparagraph (F), as so redes-
ignated, by striking ‘‘subparagraphs (A) 
through (D)’’ and inserting ‘‘subpara-
graphs (A) through (E)’’. 
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(6) 
COLLEGE
FIRST
PROGRAM.—Section 
511(b)(1)(A), is amended by inserting ‘‘or as a 
member of the Space Force,’’ after ‘‘reserve compo-
nent,’’. 
(7) 
DELAYED
ENTRY
PROGRAM.—Section 
513(a) is amended— 
(A) by inserting, ‘‘, or who is qualified 
under section 20301 of this title and applicable 
regulations for enlistment in the Space Force,’’ 
after ‘‘armed force’’; and 
(B) by inserting ‘‘, or be enlisted as a 
member of the Space Force,’’ after ‘‘Coast 
Guard Reserve’’. 
(8) EFFECT UPON ENLISTED STATUS OF AC-
CEPTANCE
OF
APPOINTMENT
AS
CADET
OR
MID-
SHIPMAN.—Section 516(b) is amended by inserting 
‘‘or in the Space Force,’’ after ‘‘armed force’’. 
SEC. 1718. RETENTION AND SEPARATION GENERALLY. 
(a) IN GENERAL.—Subtitle F of title 10, United 
States Code, as amended by section 1717, is further 
amended by adding at the end the following new chapter: 
‘‘CHAPTER 2009—RETENTION AND 
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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