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tegrated air and missile defense architecture for such 
area of responsibility. 
(c) ANNUAL REPORT.— 
(1) IN
GENERAL.—Not later than March 15, 
2024, and not less frequently than once each year 
thereafter, the Commander of United States Indo-Pa-
cific Command shall, in coordination with the Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment, the Commander of United States North-
ern Command, the Director of the Missile Defense 
Agency, and the Director of the Joint Integrated Air 
and Missile Defense Organization, submit to the con-
gressional defense committees an annual report out-
lining the following with regard to the strategy devel-
oped pursuant to subsection (a): 
(A) The activities conducted and progress 
made in developing and implementing the strat-
egy over the previous calendar year. 
(B) The planned activities for developing 
and implementing the strategy in the upcoming 
year. 
(C) A description of likely risks and im-
pediments to the successful implementation of the 
strategy.
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(2) TERMINATION.—The requirements of para-
graph (1) shall terminate on the earlier of the fol-
lowing: 
(A) March 15, 2029. 
(B) The date on which a comprehensive in-
tegrated air and missile defense architecture for 
the area of responsibility of United States Indo- 
Pacific Command has achieved initial oper-
ational capability, as determined jointly by the 
Commander of United States Indo-Pacific Com-
mand and the Director of the Missile Defense 
Agency. 
(d) LIMITATIONS.—Of the equipment and components 
previously procured by the Department of Defense for the 
purposes of constructing the Homeland Defense Radar–Ha-
waii, none of such assets may be repurposed for other uses 
until the first annual report required by subsection (c)(1) 
is submitted to the congressional defense committees pursu-
ant to such subsection. 
SEC. 1638. MODIFICATION OF NATIONAL MISSILE DEFENSE 
POLICY. 
Section 1681(a) of the of the National Defense Author-
ization Act for fiscal year 2017 (Public Law 114–328; 10 
U.S.C. 4205 note) is amended to read as follows:
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‘‘(a) POLICY.—It is the policy of the United States 
to— 
‘‘(1) maintain and improve, with funding sub-
ject to the annual authorization of appropriations 
and the annual appropriation of funds for National 
Missile Defense— 
‘‘(A) an effective, layered missile defense 
system capable of defending the territory of the 
United States against the developing and in-
creasingly complex missile threat; and 
‘‘(B) an effective regional missile defense 
system capable of defending the allies, partners, 
and deployed forces of the United States against 
increasingly complex missile threats; and 
‘‘(2) rely on nuclear deterrence to address more 
sophisticated and larger quantity near-peer inter-
continental missile threats to the homeland of the 
United States.’’. 
Subtitle D—Other Matters 
SEC. 1641. ELECTRONIC WARFARE. 
(a) IN GENERAL.—Part I of subtitle A of title 10, 
United States Code, is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 25—ELECTRONIC WARFARE 
‘‘Sec. 
‘‘500. Electronic Warfare Executive Committee.
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‘‘500a. Guidance on the electronic warfare mission area and joint electromagnetic 
spectrum operations. 
‘‘500b. Annual report on electronic warfare strategy of the Department of Defense. 
‘‘500c. Annual assessment of budget with respect to electronic warfare capabilities. 
‘‘500d. Electromagnetic spectrum superiority implementation plan. 
‘‘500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electro-
magnetic Spectrum Operations. 
‘‘500f. Evaluations of abilities of armed forces and combatant commands to per-
form electromagnetic spectrum operations missions. 
‘‘§ 500. Electronic Warfare Executive Committee 
‘‘(a) IN GENERAL.—There is within the Department 
of Defense an Electronic Warfare Executive Committee (in 
this section referred to as the ‘Executive Committee’). 
‘‘(b) PURPOSES.—The Executive Committee shall— 
‘‘(1) serve as the principal forum within the De-
partment of Defense to inform, coordinate, and evalu-
ate matters relating to electronic warfare; 
‘‘(2) provide senior oversight, coordination, and 
budget and capability harmonization with respect to 
such matters; and 
‘‘(3) act as an advisory body to the Secretary of 
Defense, the Deputy Secretary of Defense, and the 
Management Action Group of the Deputy Secretary 
with respect to such matters. 
‘‘(c) RESPONSIBILITIES.—The Executive Committee 
shall— 
‘‘(1) advise key senior level decision-making bod-
ies of the Department of Defense with respect to the 
development and implementation of acquisition in-
vestments relating to electronic warfare and electro-
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magnetic spectrum operations of the Department, in-
cluding relevant acquisition policies, projects, pro-
grams, modeling, and test and evaluation infrastruc-
ture; 
‘‘(2) provide a forum to enable synchronization 
and integration support with respect to the develop-
ment and acquisition of electronic warfare capabili-
ties— 
‘‘(A) by aligning the processes of the De-
partment for requirements, research, develop-
ment, acquisition, testing, and sustainment; and 
‘‘(B) carrying out other related duties; and 
‘‘(3) act as the senior level review forum for the 
portfolio of capability investments of the Department 
relating to electronic warfare and electromagnetic 
spectrum operations and other related matters. 
‘‘(d) COORDINATION WITH INTELLIGENCE COMMU-
NITY.—The Executive Committee, acting through the Under 
Secretary of Defense for Intelligence and Security, shall co-
ordinate with the intelligence community (as defined in sec-
tion 3 of the National Security Act of 1947 (50 U.S.C. 
3003)) to generate requirements, facilitate collaboration, es-
tablish interfaces, and align efforts of the Department of 
Defense with respect to electronic warfare capability and 
acquisition with efforts of the intelligence community relat-
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ing to electronic warfare capability and acquisition in 
areas of dependency or mutual interest between the Depart-
ment and the intelligence community. 
‘‘(e) MEETINGS.— 
‘‘(1) FREQUENCY.—The Executive Committee 
shall hold meetings not less frequently than quarterly 
and as necessary to address particular issues. 
‘‘(2) FORM.—The Executive Committee may hold 
meetings by videoconference. 
‘‘(f) MEMBERSHIP.— 
‘‘(1) IN
GENERAL.—The Executive Committee 
shall be composed of the following principal members: 
‘‘(A) The Under Secretary of Defense for 
Acquisition and Sustainment. 
‘‘(B) The Vice Chairman of the Joint Chiefs 
of Staff. 
‘‘(C) The Under Secretary of Defense for In-
telligence and Security. 
‘‘(D) The Under Secretary of Defense for 
Policy. 
‘‘(E) The Commander of the United States 
Strategic Command. 
‘‘(F) The Chief Information Officer of the 
Department of Defense.
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‘‘(G) Such other Federal officers or employ-
ees as the Secretary of Defense considers appro-
priate, consistent with other authorities of the 
Department of Defense and publications of the 
Joint Staff, including the Charter for the Elec-
tronic Warfare Executive Committee, dated 
March 17, 2015. 
‘‘(g) CO-CHAIRS OF EXECUTIVE COMMITTEE.— 
‘‘(1) IN GENERAL.—The Under Secretary of De-
fense for Acquisition and Sustainment and the Vice 
Chairman of the Joint Chiefs of Staff, or their des-
ignees, shall serve as co-chairs of the Executive Com-
mittee. 
‘‘(2) RESPONSIBILITIES OF CO-CHAIRS.—The co- 
chairs of the Executive Committee shall— 
‘‘(A) preside at all Executive Committee 
meetings or have their designees preside at such 
meetings; 
‘‘(B) provide administrative control of the 
Executive Committee; 
‘‘(C) jointly guide the activities and actions 
of the Executive Committee; 
‘‘(D) approve all agendas for and sum-
maries of meetings of the Executive Committee;
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‘‘(E) charter tailored working groups to 
conduct mission area analysis, as required, 
under subsection (i); and 
‘‘(F) perform such other duties as may be 
necessary to ensure the good order and func-
tioning of the Executive Committee. 
‘‘(h) ELECTRONIC WARFARE CAPABILITY TEAM.— 
‘‘(1) IN GENERAL.—There is within the Execu-
tive Committee an electronic warfare capability team, 
which shall— 
‘‘(A) serve as a flag officer level focus group 
and executive secretariat subordinate to the Ex-
ecutive Committee; and 
‘‘(B) in that capacity— 
‘‘(i) provide initial senior level coordi-
nation on key electronic warfare issues; 
‘‘(ii) prepare recommended courses of 
action to present to the Executive Com-
mittee; and 
‘‘(iii) perform other related duties. 
‘‘(2) CO-CHAIRS.—The electronic warfare capa-
bility team shall be co-chaired by one representative 
from the Office of the Under Secretary of Defense for 
Acquisition and Sustainment and one representative
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from the Force Structure, Resources, and Assessment 
Directorate of the Joint Staff (J–8). 
‘‘(3) STAFF.—The principal members of the Ex-
ecutive Committee shall designate representatives 
from their respective staffs to the electronic warfare 
capability team. 
‘‘(i) MISSION AREA WORKING GROUPS.— 
‘‘(1) IN
GENERAL.—The Executive Committee 
shall establish mission area working groups on a tem-
porary basis— 
‘‘(A) to address specific issues and mission 
areas relating to electronic warfare and electro-
magnetic spectrum operations; 
‘‘(B) to involve subject matter experts and 
components of the Department of Defense with 
expertise in electronic warfare and electro-
magnetic spectrum operations; and 
‘‘(C) to perform other related duties. 
‘‘(2) DISSOLUTION.—The Executive Committee 
shall dissolve a mission area working group estab-
lished under paragraph (1) once the issue the working 
group was established to address is satisfactorily re-
solved. 
‘‘(j) ADMINISTRATION.—The Under Secretary of De-
fense for Acquisition and Sustainment shall administra-
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tively support the Executive Committee, including by desig-
nating not fewer than two officials of the Department of 
Defense to support the day-to-day operations of the Execu-
tive Committee. 
‘‘(k) REPORT TO CONGRESS.—Not later than February 
28, 2024, and annually thereafter through 2030, the Execu-
tive Committee shall submit to the congressional defense 
committees a summary of activities of the Executive Com-
mittee during the preceding fiscal year. 
‘‘§ 500a. Guidance on the electronic warfare mission 
area and joint electromagnetic spectrum 
operations 
‘‘The Secretary of Defense shall— 
‘‘(1) establish processes and procedures to de-
velop, integrate, and enhance the electronic warfare 
mission area and the conduct of joint electromagnetic 
spectrum operations in all domains across the De-
partment of Defense; and 
‘‘(2) ensure that such processes and procedures 
provide for integrated defense-wide strategy, plan-
ning, and budgeting with respect to the conduct of 
such operations by the Department, including activi-
ties conducted to counter and deter such operations by 
malign actors.
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‘‘§ 500b. Annual report on electronic warfare strategy 
of the Department of Defense 
‘‘(a) IN GENERAL.—At the same time as the President 
submits to Congress the budget of the President under sec-
tion 1105(a) of title 31 for each of fiscal years 2025 through 
2029, the Secretary of Defense, in coordination with the 
Chairman of the Joint Chiefs of Staff and the Secretary 
of each of the military departments, shall submit to the con-
gressional defense committees an annual report on the elec-
tronic warfare strategy of the Department of Defense. 
‘‘(b) CONTENTS OF REPORT.—Each report required 
under subsection (a) shall include each of the following: 
‘‘(1) A description and overview of— 
‘‘(A) the electronic warfare strategy of the 
Department of Defense; 
‘‘(B) how such strategy supports the Na-
tional Defense Strategy; and 
‘‘(C) the organizational structure assigned 
to oversee the development of the Department’s 
electronic warfare strategy, requirements, capa-
bilities, programs, and projects. 
‘‘(2) A list of all the electronic warfare acquisi-
tion programs and research and development projects 
of the Department of Defense and a description of 
how each program or project supports the Depart-
ment’s electronic warfare strategy.
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‘‘(3) For each unclassified program or project on 
the list required by paragraph (2)— 
‘‘(A) the senior acquisition executive and 
organization responsible for oversight of the pro-
gram or project; 
‘‘(B) whether or not validated requirements 
exist for the program or project and, if such re-
quirements do exist, the date on which the re-
quirements were validated and the organiza-
tional authority that validated such require-
ments; 
‘‘(C) the total amount of funding appro-
priated, obligated, and forecasted by fiscal year 
for the program or project, including the pro-
gram element or procurement line number from 
which the program or project receives funding; 
‘‘(D) the development or procurement sched-
ule for the program or project; 
‘‘(E) an assessment of the cost, schedule, 
and performance of the program or project as it 
relates to the program baseline for the program 
or project, as of the date of the submission of the 
report, and the original program baseline for 
such program or project, if such baselines are not 
the same;
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‘‘(F) the technology readiness level of each 
critical technology that is part of the program or 
project; 
‘‘(G) whether or not the program or project 
is redundant or overlaps with the efforts of an-
other military department; and 
‘‘(H) the capability gap that the program 
or project is being developed or procured to ful-
fill. 
‘‘(4) A classified annex that contains the items 
described in subparagraphs (A) through (H) of para-
graph (3) for each classified program or project on 
the list required by paragraph (2). 
‘‘§ 500c. Annual assessment of budget with respect to 
electronic warfare capabilities 
‘‘At the same time as the President submits to Congress 
the budget of the President under section 1105(a) of title 
31 for each of fiscal years 2025 through 2029, the Secretary 
of Defense shall submit to the congressional defense commit-
tees an assessment by the Director of Cost Assessment and 
Program Evaluation as to whether sufficient funds are re-
quested in such budget for anticipated activities in such fis-
cal year for each of the following:
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‘‘(1) The development of an electromagnetic bat-
tle management capability for joint electromagnetic 
spectrum operations. 
‘‘(2) The establishment and operation of associ-
ated joint electromagnetic spectrum operations cells. 
‘‘§ 500d. Electromagnetic spectrum superiority imple-
mentation plan 
‘‘(a) IN GENERAL.—The Chief Information Officer of 
the Department of Defense shall be responsible for oversight 
of the electromagnetic superiority implementation plan. 
‘‘(b) REPORT REQUIRED.—Concurrent with the sub-
mission of the budget of the President to Congress under 
section 1105(a) of title 31 for each of fiscal years 2025 
through 2029, the Chief Information Officer shall submit 
to the congressional defense committees a report that in-
cludes the following with respect to the electromagnetic su-
periority implementation plan: 
‘‘(1) The implementation plan in effect as of the 
date of the report, noting any revisions from the pre-
ceding plan. 
‘‘(2) A statement of the elements of the imple-
mentation plan that have been achieved. 
‘‘(3) For each element that has been achieved, an 
assessment of whether the element is having its in-
tended effect.
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‘‘(4) For any element that has not been achieved, 
an assessment of progress made in achieving the ele-
ment, including a description of any obstacles that 
may hinder further progress. 
‘‘(5) For any element that has been removed 
from the implementation plan, a description of the 
reason for the removal of the element and an assess-
ment of the impact of not pursuing achievement of the 
element. 
‘‘(6) Such additional matters as the Chief Infor-
mation Officer considers appropriate. 
‘‘(c) ELECTROMAGNETIC SUPERIORITY IMPLEMENTA-
TION PLAN DEFINED.—In this section, the term ‘electro-
magnetic superiority implementation plan’ means the Elec-
tromagnetic Superiority Implementation Plan signed by 
the Secretary of Defense on July 15, 2021, and any suc-
cessor plan. 
‘‘§ 500e. Electromagnetic Spectrum Enterprise Oper-
ational Lead for Joint Electromagnetic 
Spectrum Operations 
‘‘(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2024, the Secretary of Defense shall es-
tablish an Electromagnetic Spectrum Enterprise Oper-
ational Lead for Joint Electromagnetic Spectrum Oper-
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ations (in this section referred to as the ‘operational lead’) 
at the United States Strategic Command, which shall report 
to the Commander of the United States Strategic Com-
mand. 
‘‘(b) FUNCTION.—The operational lead shall be respon-
sible for synchronizing, assessing, and making recommenda-
tions to the Chairman of the Joint Chiefs of Staff with re-
spect to the readiness of the combatant commands to con-
duct joint electromagnetic spectrum operations. 
‘‘(c) BRIEFINGS REQUIRED.—Concurrent with the sub-
mission of the budget of the President to Congress under 
section 1105(a) of title 31 for each of fiscal years 2025 
through 2029, the Chairman, acting through the operational 
lead, shall brief to the congressional defense committees on 
the following: 
‘‘(1) Progress made in achieving full operational 
capability to conduct joint electromagnetic spectrum 
operations and any impediments to achieving such 
capability. 
‘‘(2) The readiness of the combatant commands 
to conduct such operations. 
‘‘(3) Recommendations for overcoming any defi-
ciencies in the readiness of the combatant commands 
to conduct such operations and any material gaps 
contributing to such deficiencies.
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‘‘(4) Such other matters as the Chairman con-
siders important to ensuring that the combatant com-
mands are capable of conducting such operations. 
‘‘§ 500f. Evaluations of abilities of armed forces and 
combatant commands to perform electro-
magnetic spectrum operations missions 
‘‘(a) EVALUATIONS OF ARMED FORCES.— 
‘‘(1) IN GENERAL.—Not later than October 1, 
2024, and annually thereafter through 2029, the Chief 
of Staff of the Army, the Chief of Naval Operations, 
the Chief of Staff of the Air Force, the Commandant 
of the Marine Corps, and the Chief of Space Oper-
ations shall each carry out an evaluation of the abil-
ity of the armed force concerned to perform electro-
magnetic spectrum operations missions required by 
each of the following: 
‘‘(A) The Electromagnetic Spectrum Superi-
ority Strategy. 
‘‘(B) The Joint Staff-developed concept of 
operations for electromagnetic spectrum oper-
ations. 
‘‘(C) The operations and contingency plans 
of the combatant commands. 
‘‘(2) CERTIFICATION REQUIRED.—Not later than 
December 31 of each year in which evaluations are re-
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quired under paragraph (1), each official specified in 
that paragraph shall certify to the congressional de-
fense committees that the evaluation required to be 
carried out by that official has occurred. 
‘‘(3) ELEMENTS.—Each evaluation under para-
graph (1) shall include an assessment of the following: 
‘‘(A) Current programs of record, includ-
ing— 
‘‘(i) the ability of weapon systems to 
perform missions in contested electro-
magnetic spectrum environments; and 
‘‘(ii) the ability of electronic warfare 
capabilities to disrupt adversary operations. 
‘‘(B) Future programs of record, includ-
ing— 
‘‘(i) the need for distributed or net-
work-centric electronic warfare and signals 
intelligence capabilities; and 
‘‘(ii) the need for automated and ma-
chine learning- or artificial intelligence-as-
sisted electronic warfare capabilities. 
‘‘(C) Order of battle. 
‘‘(D) Individual and unit training. 
‘‘(E) Tactics, techniques, and procedures, 
including—
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‘‘(i) maneuver, distribution of assets, 
and the use of decoys; and 
‘‘(ii) integration of non-kinetic and ki-
netic fires. 
‘‘(F) Other matters relevant to evaluating 
the ability of the armed force concerned to per-
form electromagnetic spectrum operations mis-
sions described in paragraph (1). 
‘‘(b) EVALUATIONS OF COMBATANT COMMANDS.— 
‘‘(1) IN GENERAL.—Not later than October 1, 
2024, and annually thereafter through 2029, the 
Chairman of the Joint Chiefs of Staff, acting through 
the Electromagnetic Spectrum Enterprise Operational 
Lead for Joint Electromagnetic Spectrum Operations 
established under section 500e (in this section referred 
to as the ‘operational lead’), shall carry out an eval-
uation of the plans and posture of the combatant com-
mands to execute the electromagnetic spectrum oper-
ations envisioned in each of the following: 
‘‘(A) The Electromagnetic Spectrum Superi-
ority Strategy. 
‘‘(B) The Joint Staff-developed concept of 
operations for electromagnetic spectrum oper-
ations.
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‘‘(2) ELEMENTS.—Each evaluation under para-
graph (1) shall include an assessment, as relevant, of 
the following: 
‘‘(A) Operation and contingency plans. 
‘‘(B) The manning, organizational align-
ment, and capability of joint electromagnetic 
spectrum operations cells. 
‘‘(C) Mission rehearsal and exercises. 
‘‘(D) Force positioning, posture, and readi-
ness. 
‘‘(3) BRIEFING REQUIRED.—Not later than De-
cember 31 of each year in which an evaluation is re-
quired under paragraph (A), the Chairman of the 
Joint Chiefs of Staff, acting through the operational 
lead, shall brief the congressional defense committees 
on the results of the evaluation.’’. 
(b) CLERICAL AMENDMENT.—The tables of chapters at 
the beginning of subtitle A of title 10, United States Code, 
and at the beginning of part I of such subtitle, are each 
amended by inserting after the item relating to chapter 24 
the following new item: 
‘‘25. Electronic Warfare ..................................................................................
500’’. 
(c) CONFORMING REPEAL.—Section 1053 of the John 
S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232; 10 U.S.C. 113 note) is 
repealed.
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SEC. 1642. STUDY ON THE FUTURE OF THE INTEGRATED 
TACTICAL WARNING ATTACK ASSESSMENT 
SYSTEM. 
(a) IN GENERAL.—The Chairman of the Joint Chiefs 
of Staff shall enter into an agreement with a federally fund-
ed research and development center— 
(1) to conduct a study on the future of the Inte-
grated Tactical Warning Attack Assessment System 
(ITW/AA); and 
(2) to submit to the Chairman a report on the 
findings of the center with respect to the study con-
ducted under paragraph (1). 
(b) ELEMENTS.—The study conducted pursuant to an 
agreement under subsection (a) shall cover the following: 
(1) Future air and missile threats to the United 
States. 
(2) The integration of multi-domain sensor data 
and their ground systems with the existing architec-
ture of the Integrated Tactical Warning Attack As-
sessment System. 
(3) The effect of the integration described in 
paragraph (2) on the data reliability standards of the 
Integrated Tactical Warning Attack Assessment Sys-
tem. 
(4) Future data visualization, conferencing, and 
decisionmaking capabilities of such system.
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(5) Such other matters as the Chairman con-
siders relevant to the study. 
(c) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Chairman shall submit 
to the congressional defense committees— 
(1) the report submitted to the Chairman under 
subsection (a)(2); and 
(2) the assessment of the Chairman with respect 
to the findings in such report and the recommenda-
tions of the Chairman with respect to modernizing the 
Integrated Tactical Warning Attack Assessment Sys-
tem. 
SEC. 1643. COMPREHENSIVE REVIEW OF ELECTRONIC WAR-
FARE TEST RANGES AND FUTURE CAPABILI-
TIES. 
(a) IN GENERAL.—The Under Secretary of Defense for 
Research and Engineering, in consultation with the Chair-
man of the Joint Chiefs of Staff, shall conduct a comprehen-
sive review of any deficiencies in the capacity of the elec-
tronic warfare test ranges and future electronic warfare ca-
pabilities of the Department of Defense relating to current 
and future global threats, research and development efforts, 
modeling, and electromagnetic and physical encroachment 
of the test ranges.
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(b) ELEMENTS.—The review required by subsection (a) 
shall consider the following: 
(1) Each electronic warfare test range, its size, 
any distinguishing features, and its electronic war-
fare capabilities. 
(2) The electronic warfare capabilities that are 
best practiced at which range and any encroachment 
issues between ranges. 
(3) Future electronic warfare capabilities and 
planned acquisitions. 
(4) Any modeling the Test Resource Management 
Center has done on incorporating future or planned 
electronic warfare capabilities into the current test 
ranges. 
(5) Any other matter the Under Secretary con-
siders necessary. 
(c) BRIEFING REQUIRED.—Not later than March 31, 
2024, the Under Secretary shall provide the congressional 
defense committees with a briefing on the findings of the 
review required by subsection (a) that includes— 
(1) an assessment of any deficiency in the elec-
tronic warfare test ranges and future electronic war-
fare capabilities of the Department of Defense identi-
fied in the review; and
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(2) a plan to address any such deficiency in a 
timely manner. 
SEC. 1644. EXTENSION OF AUTHORIZATION FOR PROTEC-
TION OF CERTAIN FACILITIES AND ASSETS 
FROM UNMANNED AIRCRAFT. 
Section 130i(i) of title 10, United States Code, is 
amended by striking ‘‘2023’’ both places it appears and in-
serting ‘‘2026’’. 
SEC. 1645. ADDRESSING SERIOUS DEFICIENCIES IN ELEC-
TRONIC PROTECTION OF SYSTEMS THAT OP-
ERATE IN THE RADIO FREQUENCY SPEC-
TRUM. 
(a) IN GENERAL.—The Secretary of Defense shall take 
such actions as the Secretary considers necessary and prac-
ticable— 
(1) to establish requirements for and assign suffi-
cient priority to ensuring electronic protection of sen-
sor, navigation, and communications systems and 
subsystems against jamming, spoofing, and unin-
tended interference from military systems; and 
(2) to provide management oversight and super-
vision of the military departments to ensure electronic 
protection of military systems that emit and receive 
in radio frequencies against modern threats and in-
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terference from military systems operating in the 
same or adjacent radio frequency of Federal spectrum. 
(b) SPECIFIC REQUIRED ACTIONS.—The Secretary 
shall require the military departments and combat support 
agencies to— 
(1) develop and approve requirements, through 
the Joint Requirements Oversight Council as appro-
priate, within 270 days of the date of the enactment 
of this Act, for every radar, signals intelligence, navi-
gation, and communications system and subsystem 
subject to the Global Force Management process to be 
able to withstand threat-realistic levels of jamming, 
spoofing, and unintended interference, which includes 
self-generated interference; 
(2) test every system and subsystem described in 
paragraph (1) at a test range that permits threat-re-
alistic electronic warfare attacks against the system 
or subsystem by a red team or opposition force at 
least once every 4 years, with the first set of highest 
priority systems to be initially tested no later than 
fiscal year 2025; 
(3) retrofit every system and subsystem described 
in paragraph (1) that fails to meet electronic protec-
tion requirements during testing with electronic pro-
tection measures that can withstand threat-realistic
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jamming, spoofing, and unintended interference with-
in 3 years from the date of the testing, and to retest 
such systems and subsystems within 4 years of the 
initial failed test; 
(4) survey, identify, and test available technology 
that can be practically and affordably retro-fitted on 
the systems described in paragraph (1) and which 
provides robust protection against threat-realistic 
jamming, spoofing, and unintended interference; and 
(5) design and build electronic protection into 
ongoing and future development programs to with-
stand expected jamming and spoofing threats and un-
intended interference. 
(c) WAIVER.—The Secretary may establish a process 
for issuing waivers on a case-by-case basis for the testing 
requirement established in paragraph (2) of subsection (b) 
and for the retrofit requirement established in paragraph 
(3) of such subsection. 
(d) ANNUAL REPORTS.—Each fiscal year, coinciding 
with the submission of the President’s budget request to 
Congress pursuant to section 1105(a) of title 31, United 
States Code, through fiscal year 2030, the Director of Oper-
ational Test and Evaluation shall submit to the Electronic 
Warfare Executive Committee, the Committee on Armed 
Services of the Senate, and the Committee on Armed Serv-
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ices of the House of Representatives a comprehensive annual 
report aggregating reporting from the military departments 
and combat support agencies that describes— 
(1) the implementation of the requirements of 
this section; 
(2) the systems subject to testing in the previous 
year and the results of such tests, including a descrip-
tion of the requirements for electronic protection es-
tablished for the tested systems; and 
(3) each waiver issued in the previous year with 
respect to such requirements, together with a detailed 
rationale for the waiver and a plan for addressing the 
basis for the waiver request. 
SEC. 1646. FUNDING LIMITATION ON CERTAIN UNRE-
PORTED PROGRAMS. 
(a) LIMITATION ON AVAILABILITY OF FUNDS.—None 
of the funds authorized to be appropriated by this Act for 
fiscal year 2024 may be obligated or expended, directly or 
indirectly, in part or in whole, for, on, in relation to, or 
in support of activities involving unidentified anomalous 
phenomena protected under any form of special access or 
restricted access limitations that have not been formally, of-
ficially, explicitly, and specifically described, explained, 
and justified to the appropriate committees of Congress,
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congressional leadership, and the Director, including for 
any activities relating to the following: 
(1) Recruiting, employing, training, equipping, 
and operations of, and providing security for, Gov-
ernment or contractor personnel with a primary, sec-
ondary, or contingency mission of capturing, recov-
ering, and securing unidentified anomalous phe-
nomena craft or pieces and components of such craft. 
(2) Analyzing such craft or pieces or components 
thereof, including for the purpose of determining 
properties, material composition, method of manufac-
ture, origin, characteristics, usage and application, 
performance, operational modalities, or reverse engi-
neering of such craft or component technology. 
(3) Managing and providing security for pro-
tecting activities and information relating to uniden-
tified anomalous phenomena from disclosure or com-
promise. 
(4) Actions relating to reverse engineering or 
replicating unidentified anomalous phenomena tech-
nology or performance based on analysis of materials 
or sensor and observational information associated 
with unidentified anomalous phenomena. 
(5) The development of propulsion technology, or 
aerospace craft that uses propulsion technology, sys-
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tems, or subsystems that is based on or derived from 
or inspired by inspection, analysis, or reverse engi-
neering of recovered unidentified anomalous phe-
nomena craft or materials. 
(6) Any aerospace craft that uses propulsion 
technology other than chemical propellants, solar 
power, and electric ion thrust. 
(b) NOTIFICATION AND REPORTING.— 
(1) IN GENERAL.—Any person currently or for-
merly under contract with the Federal Government 
that has in their possession material or information 
provided by or derived from the Federal Government 
relating to unidentified anomalous phenomena that 
formerly or currently is protected by any form of spe-
cial access or restricted access shall— 
(A) not later than 60 days after the date of 
the enactment of this Act, notify the Director of 
such possession; and 
(B) not later than 180 days after the date 
of the enactment of this Act, make available to 
the Director for assessment, analysis, and inspec-
tion— 
(i) all such material and information; 
and
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(ii) a comprehensive list of all non- 
earth origin or exotic unidentified anoma-
lous phenomena materiel. 
(2) PROTECTIONS.—The provision of notice and 
the making available of material and information 
under paragraph (1) shall be treated as an authorized 
disclosure under section 1673(b) of the James M. 
Inhofe National Defense Authorization Act for Fiscal 
Year 2023 (50 U.S.C. 3373b). 
(c) LIMITATION REGARDING INDEPENDENT RESEARCH 
AND DEVELOPMENT.—Consistent with Department of De-
fense Instruction Number 3204.01 (dated August 20, 2014, 
incorporating change 2, dated July 9, 2020; relating to De-
partment policy for oversight of independent research and 
development), independent research and development fund-
ing relating to material or information described in sub-
section (a) shall not be allowable as indirect expenses for 
purposes of contracts covered by such instruction, unless 
such material and information is made available to the Di-
rector in accordance with subsection (b). 
(d) NOTICE TO CONGRESS.—Not later than 30 days 
after the date on which the Director has received a notifica-
tion under subparagraph (A) of subsection (b)(1) or infor-
mation or material under paragraph (B) of such subsection, 
the Director shall provide a written notification of such re-
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ceipt to the appropriate committees of Congress and con-
gressional leadership. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Select Committee on Intelligence, the 
Committee on Armed Services, and the Com-
mittee on Appropriations of the Senate; and 
(B) the Permanent Select Committee on In-
telligence, the Committee on Armed Services, and 
the Committee on Appropriations of the House of 
Representatives. 
(2) The term ‘‘congressional leadership’’ means— 
(A) the majority leader of the Senate; 
(B) the minority leader of the Senate; 
(C) the Speaker of the House of Representa-
tives; and 
(D) the minority leader of the House of 
Representatives. 
(3) The term ‘‘Director’’ means the Director of 
the All-domain Anomaly Resolution Office. 
(4) The term ‘‘unidentified anomalous phe-
nomena’’ has the meaning given such term in section 
1683(n)of the National Defense Authorization Act for 
Fiscal Year 2022 (50 U.S.C. 3373(n)), as amended by
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section 6802(a) of the Intelligence Authorization Act 
for Fiscal Year 2023 (Public Law 117–263). 
SEC. 1647. REVISION OF SECRETARY OF DEFENSE AUTHOR-
ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 
AS SECURITY FOR INTELLIGENCE COLLEC-
TION ACTIVITIES. 
(a) EXTENSION OF AUTHORITY.—Section 431(a) of 
title 10, United States Code, is amended by striking ‘‘De-
cember 31, 2023’’ and inserting ‘‘December 31, 2025’’. 
(b) INTERAGENCY COORDINATION
AND SUPPORT.— 
Paragraph (1) of section 431(b) of such title is amended 
to read as follows: 
‘‘(1) be pre-coordinated with the Director of the 
Central Intelligence Agency using procedures mutu-
ally agreed upon by the Secretary of Defense and the 
Director, and, where appropriate, be supported by the 
Director; and’’.
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TITLE XVII—CYBERSPACE- 
RELATED MATTERS 
Subtitle A—Matters Relating to 
Cyber Operations and Cyber Forces 
SEC. 1701. MEASURES TO ENHANCE THE READINESS AND 
EFFECTIVENESS OF THE CYBER MISSION 
FORCE. 
(a) PERSONNEL REQUIREMENTS AND TRAINING FOR 
CRITICAL WORK ROLES.—The Secretary of Defense shall— 
(1) develop a plan to require— 
(A) a term of enlistment that is— 
(i) common across the military depart-
ments for critical work roles of the Cyber 
Mission Force; 
(ii) appropriate given the value of the 
training required for such work roles; and 
(iii) sufficient and extensive enough to 
meet the readiness requirements established 
by the Commander of United States Cyber 
Command; 
(B) tour lengths for personnel in the Cyber 
Mission Force that are— 
(i) common across the military depart-
ments; and
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(ii) sufficient and extensive enough to 
meet the readiness requirements established 
by the Commander of United States Cyber 
Command; 
(C) the military departments to present 
Cyber Mission Force personnel to the Com-
mander of United States Cyber Command who 
are fully trained to the standards required by the 
work roles established by the Commander, in-
cluding the critical work roles of the Cyber Mis-
sion Force, prior to their attachment or assign-
ment to a unit of United States Cyber Com-
mand; 
(D) obligated service for members who re-
ceive the training contemplated in paragraph 
(C) which is commensurate with the significant 
financial and time investments made by the 
military service for the training received; and 
(E) facilitation of consecutive assignments 
at the same unit while not inhibiting the ad-
vancement or promotion potential of any mem-
ber of the Armed Forces. 
(2) direct the Secretaries of the military depart-
ments to implement the plan developed under para-
graph (1); and
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(3) establish curriculum and capacity within one 
or more military departments to train sufficient 
numbers of personnel from all of the military depart-
ments who can effectively perform the critical Cyber 
Mission Force work roles to achieve the readiness re-
quirements established by the Commander of United 
States Cyber Command. 
(b) PILOT PROGRAM ON ACQUIRING CONTRACT SERV-
ICES FOR CRITICAL WORK ROLES.— 
(1) PILOT PROGRAM REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, 
the Commander of United States Cyber Command 
shall commence a pilot program to assess the feasi-
bility and advisability of acquiring the services of 
skilled personnel in the critical work roles of the 
Cyber Mission Force by contracting with one or more 
persons to enhance the readiness and effectiveness of 
the Cyber Mission Force. 
(2) PILOT
PROGRAM
DURATION.—The Com-
mander shall carry out the pilot program required by 
subsection paragraph (1) during the three-year period 
beginning on the date of the commencement of the 
pilot program and may, after such period—
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(A) continue carrying out such pilot pro-
gram after such period for such duration as the 
Commander considers appropriate; or 
(B) transition such pilot program to a per-
manent program. 
(c) PLAN ON HIRING, TRAINING, AND RETAINING CI-
VILIANS TO SERVE IN CRITICAL WORK ROLES.—Not later 
than 120 days after the date of the enactment of this Act, 
the Commander shall— 
(1) develop a plan to hire, train, and retain ci-
vilians to serve in the critical work roles of the Cyber 
Mission Force and other positions of the Cyber Mis-
sion Force to enhance the readiness and effectiveness 
of the Cyber Mission Force; and 
(2) provide the congressional defense committees 
a briefing on the plan developed under paragraph (1). 
(d) DEFINITION OF CRITICAL WORK ROLES OF THE 
CYBER MISSION FORCE.—The term ‘‘critical work roles of 
the Cyber Mission Force’’ means work roles of the Cyber 
Mission Force relating to on-network operations, tool devel-
opment, and exploitation analysis. 
SEC. 1702. CYBER INTELLIGENCE CENTER. 
(a) ESTABLISHMENT OF CAPABILITY REQUIRED.—The 
Secretary of Defense shall establish a dedicated cyber intel-
ligence capability to support the requirements of United
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States Cyber Command, the other combatant commands, the 
military departments, defense agencies, the Joint Staff, and 
the Office of the Secretary of Defense for foundational, sci-
entific and technical, and all-source intelligence on cyber 
technology development, capabilities, concepts of operation, 
operations, and plans and intentions of cyber threat actors. 
(b) ESTABLISHMENT OF CENTER AUTHORIZED.— 
(1) AUTHORIZATION.—Subject to paragraph (2), 
the Secretary may establish an all-source analysis 
center under the administration of the Defense Intel-
ligence Agency to provide foundational intelligence for 
the capability established under subsection (a). 
(2) LIMITATION.—Information technology serv-
ices for a center established under paragraph (1) may 
not be provided by the National Security Agency. 
(c) RESOURCES.— 
(1) IN GENERAL.—The Secretary shall direct and 
provide resources to the Commander of United States 
Cyber Command within the Military Intelligence Pro-
gram to fund collection and analysis by the National 
Security Agency to meet the specific requirements es-
tablished by the Commander for signals intelligence 
support. 
(2) TRANSFER
OF
ACTIVITIES.—The Secretary 
may transfer the activities required under paragraph
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(1) to the National Intelligence Program if the Direc-
tor of National Intelligence concurs and the transfer 
is specifically authorized in an intelligence authoriza-
tion Act. 
(d) BRIEFING.—Not later than 180 days after the date 
of the enactment of this Act, the Commander shall— 
(1) develop an estimate of the signals intelligence 
collection and analysis required of the National Secu-
rity Agency and the cost of such collection and anal-
ysis; and 
(2) provide the congressional defense committees, 
the Select Committee on Intelligence of the Senate, 
and the Permanent Select Committee on Intelligence 
of the House of Representatives a briefing on the esti-
mate developed under paragraph (1). 
SEC. 1703. PERFORMANCE METRICS FOR PILOT PROGRAM 
FOR SHARING CYBER CAPABILITIES AND RE-
LATED INFORMATION WITH FOREIGN OPER-
ATIONAL PARTNERS. 
(a) IN GENERAL.—The section 398 of title 10, United 
States Code (relating to pilot program for sharing cyber 
capabilities and related information with foreign oper-
ational partners), as added by section 1551(a) of the James 
M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023 (Public Law 117–263), is amended—
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(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) PERFORMANCE METRICS.—(1) The Secretary of 
Defense shall maintain performance metrics to track the re-
sults of sharing cyber capabilities and related information 
with foreign operational partners under a pilot program 
authorized by subsection (a). 
‘‘(2) The performance metrics under paragraph (1) 
shall include the following: 
‘‘(A) Who the cyber capability was used against. 
‘‘(B) The effect of the cyber capability, including 
whether and how the transfer of the cyber capability 
improved the operational cyber posture of the United 
States and achieved operational objectives of the 
United States, or had no effect. 
‘‘(C) Such other outcome-based or appropriate 
performance metrics as the Secretary considers appro-
priate for evaluating the effectiveness of a pilot pro-
gram carried out under subsection (a).’’. 
(b) TECHNICAL CORRECTION.—Chapter 19 of such title 
is amended—
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(1) in the table of sections for such chapter by 
striking the item relating to such section 398 and in-
serting the following: 
‘‘398a. Pilot program for sharing cyber capabilities and related information with 
foreign operational partners.’’; and 
(2) by redesignating such section 398 as section 
398a. 
SEC. 1704. NEXT GENERATION CYBER RED TEAMS. 
(a) DEVELOPMENT AND SUBMISSION OF PLANS.—Not 
later than 180 days after the date of the enactment of this 
Act, the Under Secretary of Defense for Policy shall direct 
the appropriate Assistant Secretary of Defense in the Office 
of the Under Secretary of Defense for Policy, in consultation 
with the Principal Cyber Advisors of the military depart-
ments, to oversee the development and submission of a plan 
described in subsection (b) to the Director of Operational 
Test and Evaluation (OT&E) and the Director of the Na-
tional Security Agency (NSA) for assessment under sub-
section (c). 
(b) PLANS DESCRIBED.—The plan described in this 
subsection is a plan— 
(1) to modernize cyber red teams (‘‘CRTs’’) with 
a focus on utilizing cyber threat intelligence and 
threat modeling to ensure the ability to emulate ad-
vanced nation-state threats, automation, artificial in-
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telligence or machine learning capabilities, and data 
collection and correlation; 
(2) to establish joint service standards and 
metrics to ensure cyber red teams are adequately 
trained, staffed, and equipped to emulate advanced 
nation-state threats; and 
(3) to expand partnerships between the Depart-
ment of Defense, particularly existing cyber red 
teams, and academia to expand the cyber talent work-
force. 
(c) ASSESSMENT.—The Director of Operational Test 
and Evaluation shall, in coordination with the Director of 
the National Security Agency, review the plan submitted 
pursuant to subsection (a) and in doing so shall conduct 
an assessment of the plan with consideration of the fol-
lowing: 
(1) Opportunities for cyber red team operations 
to expand across the competition continuum, includ-
ing during the cooperation and competition phases, 
strongly emphasizing pre-conflict preparation of the 
battlespace to better match adversary positioning and 
cyber activities, including operational security assess-
ments to strengthen the ability of the Department to 
gain and maintain a tactical advantage.
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(2) The extent to which critical and emerging 
technologies and concepts such as artificial intel-
ligence and machine learning enabled analysis and 
process automation can reduce the amount of person 
hours operators spend on maintenance and reporting 
to maximize research and training time. 
(3) Identification of training requirements, and 
changes to training, sustainment practices, or con-
cepts of operation or employment that may be needed 
to ensure the effectiveness, suitability, and sustain-
ability of the next generation of cyber red teams. 
(4) The extent to which additional resources or 
partnerships may be needed to remediate personnel 
shortfalls in cyber red teams, including funding for 
internship programs, hiring, and contracting. 
(d) IMPLEMENTATION.—Not later than one year after 
the date of enactment of this Act, the Secretary of Defense 
shall issue such policies and guidance and prescribe such 
regulations as the Secretary determines necessary to carry 
out the plan required by subsection (a). 
(e) ANNUAL REPORTS.—Not later than January 31, 
2025, and not less frequently than annually thereafter until 
January 31, 2031, the Director of Operational Test and 
Evaluation shall include in the annual report required by 
section 139(h) of title 10, United States Code, the following:
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(1) The findings of the Director with respect to 
the assessment carried out pursuant to subsection (c). 
(2) The results of test and evaluation events, in-
cluding any resource and capability shortfalls lim-
iting the ability of cyber red teams to meet oper-
ational requirements. 
(3) The extent to which operations of cyber red 
teams have expanded across the competition con-
tinuum, including during cooperation and competi-
tion phases, to match adversary positioning and cyber 
activities. 
(4) A summary of identified categories of com-
mon gaps and shortfalls across military department 
and Defense Agency cyber red teams. 
(5) Any identified lessons learned that would af-
fect training or operational employment decisions re-
lating to cyber red teams. 
SEC. 1705. MANAGEMENT OF DATA ASSETS BY CHIEF DIG-
ITAL OFFICER. 
(a) IN GENERAL.—The Secretary of Defense shall, act-
ing through the Chief Data and Artificial Intelligence Offi-
cer of the Department of Defense (CDAO), provide data as-
sets and data analytics capabilities necessary for under-
standing the global cyber-social terrain to support the plan-
ning and execution of defensive and offensive information
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operations, defensive and offensive cyber operations, indica-
tions and warning of adversary military activities and op-
erations, and calibration of actions and reactions in great 
power competition. 
(b) RESPONSIBILITIES OF CHIEF DATA AND ARTIFI-
CIAL INTELLIGENCE OFFICER.—The Chief Data and Artifi-
cial Intelligence Officer shall— 
(1) develop a baseline of data assets maintained 
by all defense intelligence agencies, military depart-
ments, combatant commands, and any other compo-
nents of the Department; and 
(2) develop and oversee the implementation of 
plans to enhance data assets that are essential to sup-
port the purposes set forth in subsection (a). 
(c) OTHER MATTERS.—The Chief Data and Artificial 
Intelligence Officer shall— 
(1) designate or establish one or more executive 
agents for enhancing data assets and the acquisition 
of data analytic tools for users; 
(2) ensure that data assets in the possession of 
a component of the Department are accessible for the 
purposes described in subsection (a); and 
(3) ensure that advanced analytics, including ar-
tificial intelligence technology, are developed and ap-
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plied to the analysis of data assets in support of the 
purposes described in subsection (a). 
(d) SEMIANNUAL BRIEFINGS.—Not later than 120 
days after the date of the enactment of this Act and not 
less frequently semiannually thereafter, the Chief Data and 
Artificial Intelligence Officer shall provide the congressional 
defense committees, the Select Committee on Intelligence of 
the Senate, and the Permanent Select Committee on Intel-
ligence of the House of Representatives a briefing on the 
implementation of this section. 
(e) PRIOR APPROVAL REPROGRAMMING.—After the 
date of the enactment of this Act, the Secretary may transfer 
funds to begin implementation of this section, subject to es-
tablished limitations and approval procedures. 
SEC. 1706. AUTHORITY FOR COUNTERING ILLEGAL TRAF-
FICKING 
BY 
MEXICAN 
TRANSNATIONAL 
CRIMINAL ORGANIZATIONS IN CYBERSPACE. 
(a) AUTHORITY.— 
(1) IN GENERAL.—In accordance with sections 
124 and 394 of title 10, United States Code, the Sec-
retary of Defense may, in coordination with other rel-
evant Federal departments and agencies and in con-
sultation with the Government of Mexico as appro-
priate, conduct detection, monitoring, and other oper-
ations 
in 
cyberspace 
to 
counter 
Mexican
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transnational criminal organizations that are en-
gaged in any of the following activities that cross the 
southern border of the United States: 
(A) Smuggling of illegal drugs, controlled 
substances, or precursors thereof. 
(B) Human trafficking. 
(C) Weapons trafficking. 
(D) Other illegal activities. 
(2) CERTAIN ENTITIES.—The authority provided 
by paragraph (1) may be used to counter Mexican 
transnational criminal organizations, including enti-
ties cited in the most recent National Drug Threat 
Assessment published by the United States Drug En-
forcement Administration, that are engaged in the ac-
tivities described in (1). 
(b) CYBER STRATEGY
FOR COUNTERING ILLEGAL 
TRAFFICKING
BY TRANSNATIONAL CRIMINAL ORGANIZA-
TIONS AFFECTING
THE SECURITY
OF UNITED STATES 
SOUTHERN BORDER.— 
(1) STRATEGY
REQUIRED.—Not later than 60 
days after the date of the enactment of this Act, the 
Secretary shall, in consultation with the National 
Cyber Director and the heads of such other Federal 
departments and agencies as the Secretary considers 
appropriate, submit to the appropriate congressional
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committees a strategy for conducting operations in 
cyberspace under subsection (a). 
(2) ELEMENTS.—The strategy submitted pursu-
ant to paragraph (1) shall include the following: 
(A) A description of the cyberspace presence 
and activities, including any information oper-
ations, of the entities described under subsection 
(a)(2) pose to the national security of the United 
States. 
(B) A description of any previous actions 
taken by the Department of Defense to conduct 
operations in cyberspace to counter illegal activi-
ties by transnational criminal organizations, 
and a description of those actions. 
(C) An assessment of the financial, techno-
logical, and personnel resources that the Sec-
retary can deploy to exercise the authority pro-
vided in subsection (a) to counter illegal traf-
ficking by transnational criminal organizations. 
(D) Recommendations, if any, for addi-
tional authorities as may be required to enhance 
the exercise of the authority provided in sub-
section (a). 
(E) A description of the extent to which the 
Secretary has worked, or intends to work, with
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the Government of Mexico, interagency partners, 
and the private sector to enable operations in 
cyberspace 
against 
illegal 
trafficking 
by 
transnational criminal organizations. 
(F) A description of the security coopera-
tion programs in effect on the day before the date 
of the enactment of this Act that would enable 
the Secretary to cooperate with Mexican defense 
partners 
against 
illegal 
trafficking 
by 
transnational criminal organizations in cyber-
space. 
(G) An assessment of the potential risks as-
sociated with cooperating with Mexican counter-
parts against transnational criminal organiza-
tions in cyberspace and ways that those risks 
can be mitigated, including in cooperation with 
Mexican partners. 
(H) A description of any cooperation agree-
ments or initiatives in effect on the day before 
the date of the enactment of this Act with inter-
agency partners and the government of Mexico to 
counter transnational criminal organizations in 
cyberspace. 
(c) QUARTERLY MONITORING BRIEFING.—The Sec-
retary shall, on a quarterly basis in conjunction with the
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briefings required by section 484 of title 10, United States 
Code, provide to the appropriate congressional committees 
a briefing setting forth, for the preceding calendar quarter, 
the following: 
(1) Each country in which an operation was 
conducted under subsection (a). 
(2) The purpose and nature of each operation set 
forth pursuant to paragraph (1). 
(3) The start date and end date or expected du-
ration of each operation set forth pursuant to para-
graph (1). 
(4) The elements of the Department of Defense 
down to O–6 command level who conducted or are 
conducting the operations set forth pursuant to para-
graph (1). 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to supersede any standing prohibitions 
on collection of information on United States persons. 
SEC. 1707. PILOT PROGRAM FOR CYBERSECURITY COLLABO-
RATION CENTER INCLUSION OF SEMICON-
DUCTOR MANUFACTURERS. 
(a) ESTABLISHMENT OF PILOT PROGRAM.—The Sec-
retary of Defense shall, in coordination with the Director 
of the National Security Agency, establish a pilot program 
to assess the feasibility and advisability of improving the
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† HR 2670 EAS 
semiconductor manufacturing supply chain by enabling the 
National Security Agency Cybersecurity Collaboration Cen-
ter to collaborate with semiconductor manufacturers in the 
United States. 
(b) PROGRAM SCOPE.—The pilot program established 
pursuant to subsection (a) shall focus on improving the cy-
bersecurity of the supply chain for semiconductor design 
and manufacturing, including the following: 
(1) The cybersecurity of design and manufac-
turing processes, as well as assembly, packaging, and 
testing. 
(2) Protecting against cyber-driven intellectual 
property theft. 
(3) Reducing the risk of supply chain disrup-
tions caused by cyberattacks. 
(c) ELIGIBILITY.—Persons who directly support the 
manufacture, packaging, and assembly of semiconductors 
within the United States and who provide semiconductor 
components for the Department of Defense, national secu-
rity systems (as defined in section 3552(b) of title 44, 
United States Code), or the defense industrial base are eligi-
ble to participate in the pilot program. 
(d) BRIEFINGS.— 
(1) INITIAL.—
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(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Secretary shall provide the appropriate commit-
tees of Congress a briefing on the pilot program 
required under subsection (a). 
(B) ELEMENTS.—The briefing required 
under subparagraph (A) shall include the fol-
lowing: 
(i) The plans of the Secretary for the 
implementation of the pilot program. 
(ii) Identification of key priorities for 
the pilot program. 
(iii) Identification of any potential 
challenges in standing up the pilot program 
or impediments to semiconductor manufac-
turer or semiconductor component supplier 
participation in the pilot program. 
(2) ANNUAL.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act and 
annually thereafter for the duration of the pilot 
program required by subsection (a), the Sec-
retary shall provide the appropriate committees 
of Congress a briefing on the progress of the pilot 
program.
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(B) ELEMENTS.—Each briefing required 
under subparagraph (A) shall include the fol-
lowing: 
(i) Recommendations for addressing 
relevant policy, budgetary, security, and 
legislative gaps to increase the effectiveness 
of the pilot program. For the first annual 
briefing, this shall include an assessment of 
the resources necessary for the pilot to be 
successful. 
(ii) Recommendations for increasing 
semiconductor manufacturer or semicon-
ductor component supplier participation in 
the pilot program. 
(iii) A description of the challenges en-
countered in carrying out the pilot pro-
gram, including any concerns expressed by 
semiconductor manufacturers or semicon-
ductor component supplier. 
(iv) The findings of the Secretary with 
respect to the feasibility and advisability of 
extending or expanding the pilot program. 
(v) Such other matters as the Secretary 
considers appropriate.
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† HR 2670 EAS 
(e) TERMINATION.—The pilot program required by 
subsection (a) shall terminate on the date that is four years 
after the date of the enactment of this Act. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate; and 
(2) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 1708. INDEPENDENT EVALUATION REGARDING POTEN-
TIAL ESTABLISHMENT OF UNITED STATES 
CYBER FORCE AND FURTHER EVOLUTION OF 
CURRENT MODEL FOR MANAGEMENT AND 
EXECUTION OF CYBER MISSION. 
(a) AGREEMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall 
seek to enter into an agreement with the National 
Academy of Public Administration (in this section re-
ferred to as the ‘‘National Academy’’) for the National 
Academy to conduct the evaluation under subsection 
(b) and submit the report under subsection (e). 
(2) TIMING.—The Secretary shall seek to enter 
into the agreement described in paragraph (1) by not
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later than 60 days after the date of the enactment of 
this Act. 
(b) EVALUATION.— 
(1) IN GENERAL.—Under an agreement between 
the Secretary and the National Academy entered into 
pursuant to subsection (a), the National Academy 
shall conduct an evaluation regarding the advisability 
of— 
(A) establishing a separate Armed Force 
dedicated to operations in the cyber domain (in 
this section referred to as the ‘‘United States 
Cyber Force’’); or 
(B) refining and further evolving the cur-
rent organization approach, which is based on 
the Special Operations Command model for 
United States Cyber Command. 
(2) SCOPE.—The evaluation conducted pursuant 
to paragraph (1) shall include consideration of— 
(A) the potential establishment of a United 
States Cyber Force as a separate Armed Force 
commensurate with the Army, Navy, Marine 
Corps, Air Force, and Space Force, for the pur-
pose of organizing, training, and equipping the 
personnel required to enable and conduct oper-
ations in the cyber domain through positions
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aligned to the United States Cyber Command 
and the other unified combatant commands; 
(B) a United States Cyber Force able to de-
vise and implement recruiting and retention 
policies and standards specific to the range of 
skills and career fields required to enable and 
conduct cyberspace operations, as determined by 
the United States Cyber Command and the other 
unified combatant commands; 
(C) the performance and efficacy of the 
Armed Forces to date, and potential improve-
ments thereto from extending the model described 
in paragraph (1)(B), in satisfying the require-
ments of the combatant commands to enable and 
conduct operations in the cyber domain through 
positions aligned to the United States Cyber 
Command and other unified combatant com-
mands, and any expected differences in that per-
formance based on the creation of a United 
States Cyber Force as compared to evolutionary 
modifications to the current model; 
(D) the performance and efficacy of the 
Armed Forces to date, and potential improve-
ments thereto from extending the model described 
in paragraph (1)(B), in devising and imple-
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menting recruitment and retention policies spe-
cific to the range of skills and career fields re-
quired to enable and conduct cyberspace oper-
ations, as determined by the United States Cyber 
Command and the other unified combatant com-
mands, and any expected differences in that per-
formance based on the creation of a United 
States Cyber Force as compared to evolutionary 
modifications to the current model; 
(E) potential and recommended delineations 
of responsibility between the other Armed Forces 
and a United States Cyber Force and an en-
hanced model described in paragraph (1)(B) 
with respect to network management, resourcing, 
and operations; 
(F) potential and recommended delineations 
of responsibility between the other Armed Forces 
and a United States Cyber Force and an en-
hancement of the model described in paragraph 
(1)(B) for United States Cyber Command with 
respect to organizing, training, and equipping 
members of the Cyberspace Operations Forces, 
not serving in positions aligned under the Cyber 
Mission Force, to the extent necessary to support 
network management and operations;
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(G) views and perspectives of members of 
the Armed Forces, in each grade, serving in the 
Cyber Mission Force with experience in oper-
ational work roles (as defined by the Commander 
of the United States Cyber Command), and mili-
tary and civilian leaders across the Department 
regarding the establishment of a Cyber Force and 
a further evolution of the model described in 
paragraph (1)(B) for United States Cyber Com-
mand; 
(H) the extent to which each of the other 
Armed Forces is formed towards, and organized 
around, operations within a given warfighting 
domain, and the potential applicability of such 
formation and organizing constructs to a United 
States Cyber Force with respect to the cyber do-
main; 
(I) findings from previous relevant assess-
ments, analyses, and studies conducted by the 
Secretary, the Comptroller General of the United 
States, or other entities determined relevant by 
the National Academy on the establishment of a 
United States Cyber Force and a further evo-
lution of the model described in paragraph 
(1)(B) for United States Cyber Command;
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(J) the organizing constructs for effective 
and operationally mature cyber forces of foreign 
countries and the relevance of such constructs to 
the potential creation of a United States Cyber 
Force and a further evolution of the model de-
scribed in paragraph (1)(B) for United States 
Cyber Command; 
(K) lessons learned from the creation of the 
United States Space Force that should be ap-
plied to the creation of a United States Cyber 
Force; 
(L) recommendations for approaches to the 
creation of a United States Cyber Force and the 
further evolution of the model described in para-
graph (1)(B) for United States Cyber Command 
that would minimize disruptions to Department 
of Defense cyber operations; 
(M) the histories of the Armed Forces, in-
cluding an analysis of the conditions that pre-
ceded the establishment of each new Armed Force 
established since 1900; and 
(N) a comparison between the potential 
service secretariat leadership structures for a 
United States Cyber Force and the further evo-
lution of the model described in paragraph (1)
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for United States Cyber Command, including es-
tablishing the United States Cyber Force within 
an existing military department, standing up a 
new military department, and evolving the serv-
ice secretary-like function of the Principal Cyber 
Advisor in the Office of the Under Secretary of 
Defense for Policy. 
(3) CONSIDERATIONS.—The evaluation conducted 
pursuant to paragraph (1) shall include an evalua-
tion of how a potential United States Cyber Force 
dedicated to the cyber domain would compare in per-
formance and efficacy to the current model and a fur-
ther evolution of the model described in paragraph 
(1)(B) for United States Cyber Command, with re-
spect to the following functions and potential objective 
end states, as well as an evaluation of the importance 
of the functions and potential end states: 
(A) Organizing, training, and equipping 
the size of a force necessary to satisfy existing 
and projected requirements of the Department of 
Defense. 
(B) Harmonizing training requirements 
and programs in support of cyberspace oper-
ations.
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(C) Recruiting and retaining qualified offi-
cers and enlisted members of the Armed Forces 
at the levels necessary to execute cyberspace oper-
ations. 
(D) Using reserve component forces in sup-
port of cyberspace operations. 
(E) Sustaining persistent force readiness. 
(F) Generating foundational intelligence in 
support of cyberspace operations. 
(G) Acquiring and providing cyber capa-
bilities in support of cyberspace operations. 
(H) Establishing pay parity among mem-
bers of the Armed Forces serving in and quali-
fied for work roles in support of cyberspace oper-
ations. 
(I) Establishing pay parity among civilians 
serving in and qualified for work roles in sup-
port of cyberspace operations. 
(J) Establishing advancement parity for 
members of the Armed Forces serving in and 
qualified for work roles in support of cyberspace 
operations. 
(K) Establishing advancement parity for ci-
vilians serving in and qualified for work roles in 
support of cyberspace operations.
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(L) Developing professional military edu-
cation content and curricula focused on the cyber 
domain. 
(c) SUPPORT FROM FEDERALLY FUNDED RESEARCH 
AND DEVELOPMENT CENTER.— 
(1) IN GENERAL.—Upon a request from the Na-
tional Academy, the Secretary shall seek to enter into 
an agreement with a federally funded research and 
development center described in paragraph (2) under 
which such federally funded research and development 
center shall support the National Academy in con-
ducting the evaluation under subsection (b). 
(2) FEDERALLY FUNDED RESEARCH AND DEVEL-
OPMENT CENTER DESCRIBED.—A federally funded re-
search and development center described in this para-
graph is a federally funded research and development 
center the staff of which includes subject matter ex-
perts with appropriate security clearances and exper-
tise in— 
(A) cyber warfare; 
(B) personnel management; 
(C) military training processes; and 
(D) acquisition management. 
(d) ACCESS
TO DEPARTMENT
OF DEFENSE PER-
SONNEL, INFORMATION, 
AND
RESOURCES.—Under an
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agreement entered into between the Secretary and the Na-
tional Academies under subsection (a)— 
(1) the Secretary shall agree to provide to the 
National Academy access to such personnel, informa-
tion, and resources of the Department of Defense as 
may be determined necessary by the National Acad-
emy in furtherance of the conduct of the evaluation 
under subsection (b); and 
(2) if the Secretary does not provide such access, 
or any other major obstacle to such access occurs, the 
National Academy shall agree to notify the congres-
sional defense committees not later than seven days 
after the date of such refusal or other occurrence. 
(e) REPORT.— 
(1) SUBMISSION
TO
CONGRESS.—Under an 
agreement entered into between the Secretary and the 
National Academy under subsection (a), the National 
Academy shall submit to the congressional defense 
committees a report containing the findings of the 
National Academy with respect to the evaluation 
under subsection (b) not later than 210 days after the 
date of the execution of the agreement. 
(2) PROHIBITION AGAINST INTERFERENCE.—No 
personnel of the Department of Defense, nor any other 
officer or employee of the United States Government,
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may interfere, exert undue influence, or in any way 
seek to alter the findings of the National Academy 
specified in paragraph (1) prior to the submission 
thereof under such paragraph. 
(3) FORM.—The report under paragraph (1) 
shall be submitted in an unclassified form, but may 
include a classified annex. 
Subtitle B—Matters Relating to De-
partment of Defense Cybersecu-
rity and Information Technology 
SEC. 1711. REQUIREMENTS FOR DEPLOYMENT OF FIFTH 
GENERATION INFORMATION AND COMMU-
NICATIONS CAPABILITIES TO DEPARTMENT 
OF DEFENSE BASES AND FACILITIES. 
(a) IN GENERAL.—The Secretary of Defense shall— 
(1) develop and implement a strategy for deploy-
ing private networks, based on fifth generation infor-
mation and communications capabilities (5G) and 
Open Radio Access Network (ORAN) architecture, to 
military bases and facilities that are tailored to the 
specific mission, security, and performance require-
ments of those bases and facilities; 
(2) create a common, transparent, and stream-
lined process for enabling public network service pro-
viders of fifth generation information and commu-
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nications capabilities to gain access to military bases 
and facilities to provide commercial subscriber serv-
ices to government and contractor personnel and or-
ganizations located on those bases and facilities; and 
(3) decide, on a case-by-case basis or as a com-
mon requirement, whether to contract for— 
(A) neutral hosting, whereby infrastructure 
and services will be provided to companies de-
ploying private networks and public network 
services through Multi-Operator Core Network 
architectures; or 
(B) separate private network and public 
network infrastructure. 
(b) INTERNATIONAL COOPERATION ACTIVITIES.—The 
Secretary may engage in cooperation activities with foreign 
allies and partners of the United States, using an authority 
provided by another provision of law, to inform the efficient 
and effective deployment of Open Radio Access Network ar-
chitecture and to implement the strategy required under 
subsection (a)(1). 
(c) DUE DATE FOR STRATEGY AND BRIEFING.— 
(1) STRATEGY.—The Secretary shall develop the 
strategy required in subsection (a)(1) not later than 
120 days after the date of the enactment of this Act.
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(2) BRIEFING.—Not later than 150 days after 
the date of the enactment of this Act, the Secretary 
shall provide to the congressional defense committees 
a briefing on the strategy developed under paragraph 
(1) of subsection (a) and the activities of the Sec-
retary under such subsection. 
(d) DEFINITION OF OPEN RADIO ACCESS NETWORK.— 
The term ‘‘Open Radio Access Network’’ means a network 
architecture that is modular, uses open interfaces, and 
virtualizes functionality on commodity hardware through 
software. 
SEC. 1712. DEPARTMENT OF DEFENSE INFORMATION NET-
WORK BOUNDARY AND CROSS-DOMAIN DE-
FENSE. 
(a) MODERNIZATION PROGRAM REQUIRED.—The Sec-
retary of Defense shall carry out a modernization program 
for network boundary and cross-domain defense against 
cyber attacks, expanding upon the fiscal year 2023 pilot 
program and initial deployment to the primary Depart-
ment of Defense internet access points (IAPs) managed by 
the Defense Information Systems Agency (DISA). 
(b) PROGRAM PHASES.— 
(1) IN GENERAL.—The modernization program 
required by subsection (a) shall be implemented in
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phases, with the objective of completing the program 
by October 1, 2028. 
(2) OBJECTIVES.—The phases required by para-
graph (1) shall include the following objectives: 
(A) By the end of fiscal year 2026, comple-
tion of— 
(i) a pilot of modernized boundary de-
fense capabilities and initial and full de-
ployment of the capabilities to internet ac-
cess points managed by the Defense Infor-
mation Systems Agency; and 
(ii) the extension of modernized bound-
ary defense capabilities to all additional 
internet access points of the Department of 
Defense information network (DODIN). 
(B) By the end of fiscal year 2027, survey, 
pilot, and deploy modernized boundary defense 
capabilities to the access points and cross-do-
main capabilities of the Secret Internet Protocol 
Network. 
(C) By the end of fiscal year 2028, survey, 
pilot, and deploy modernized boundary defense 
capabilities to remaining classified networks and 
enclaves of the Department information network.
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(c) BRIEFING REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
shall provide the congressional defense committees a briefing 
on— 
(1) the findings of the Secretary with respect to 
the pilot and initial deployment under subsection 
(b)(2)(A)(i); and 
(2) the plans of the Secretary for the phased de-
ployment to other internet access points and classified 
networks pursuant to subsection (b). 
SEC. 1713. POLICY AND GUIDANCE ON MEMORY-SAFE SOFT-
WARE PROGRAMMING. 
(a) POLICY AND GUIDANCE.—Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall develop a Department of Defense-wide pol-
icy and guidance in the form of a directive memorandum 
to implement the recommendations of the National Security 
Agency contained in the Software Memory Safety Cyberse-
curity Information Sheet published by the Agency in No-
vember, 2022, regarding memory-safe software program-
ming languages and testing to identify memory-related 
vulnerabilities in software developed, acquired by, and used 
by the Department of Defense. 
(b) REQUIREMENTS.—The policy required in sub-
section (a) shall—
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(1) establish the conditions and associated ap-
proval processes under which a component of the De-
partment may— 
(A) contract for the development of custom 
software that includes open source and reused 
software written in programming languages that 
are not classified as memory-safe by the Agency; 
(B) acquire commercial software items that 
use programming languages that are not classi-
fied as memory-safe by the Agency; 
(C) contract for software-as-a-service where 
the contractor uses programming languages that 
are not classified as memory-safe by the Agency; 
and 
(D) develop software in Federal Govern-
ment-owned software factories programming lan-
guages that are not classified as memory-safe by 
the Agency; and 
(2) establish requirements and processes for em-
ploying static and dynamic application security test-
ing that can identify memory-use issues and 
vulnerabilities and resolve them for software con-
tracted for, developed, or acquired as described in 
paragraph (1).
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(c) BRIEFING REQUIRED.—Not later than 300 days 
after the date of the enactment of this Act, the Secretary 
shall provide the congressional defense committees a briefing 
on the policy and guidance developed under subsection (a). 
SEC. 1714. DEVELOPMENT OF REGIONAL CYBERSECURITY 
STRATEGIES. 
(a) DEVELOPMENT OF STRATEGIES REQUIRED.—Not 
later than one year after the date of the enactment of this 
Act, the Secretary of Defense shall, in coordination with 
the Commander of United States Cyber Command and each 
commander of a geographic combatant command, develop, 
for each geographic combatant command, a regional cyber-
security strategy to support the operations of such com-
mand. 
(b) ELEMENTS.—Each regional cybersecurity strategy 
developed under subsection (a) for a geographic combatant 
command shall include the following: 
(1) A description or an outline of methods to 
identify both nation-state and non-state cyber threat 
actors. 
(2) Processes to enhance the targeting, intel-
ligence, and cyber capabilities of the combatant com-
mand. 
(3) Plans to increase the number of cyber plan-
ners embedded in the combatant command.
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(4) Processes to integrate cyber forces into other 
warfare domains. 
(5) A plan to assist, train, advise, and partici-
pate in cyber capacity building with international 
partners. 
(6) 
A 
prioritization 
of 
cyber 
risks 
and 
vulnerabilities within the geographic region. 
(7) Processes to coordinate cyber activities with 
interagency partners with activities in the geographic 
region. 
(8) Specific plans to assist in the defense of for-
eign infrastructure that is critical to the national se-
curity interests of the United States. 
(9) Means by which the Cybersecurity and Infra-
structure Security Agency will be integrated into each 
strategy. 
SEC. 1715. CYBER INCIDENT REPORTING. 
(a) CYBER INCIDENT REPORTING REQUIREMENT.— 
(1) DEPARTMENT GOVERNANCE.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary of Defense shall, in consultation with 
the Chief Information Officer of the Department of 
Defense, the Commander of United States Cyber Com-
mand, and the Commander of the Joint Force Head-
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quarters Department of Defense Information Net-
work— 
(A) assign responsibility to the Commander 
of the Joint Force Headquarters Department of 
Defense Information Network to oversee cyber in-
cident reporting and notification of cyber inci-
dents to Department leadership; 
(B) align policy and system requirements to 
enable the Department to have enterprise-wide 
visibility of cyber incident reporting to support 
rapid and appropriate response; and 
(C) distribute new guidance to Department 
personnel on cyber incident reporting, which 
shall include detailed procedures for identifying, 
reporting, and notifying Department leadership 
of critical cyber incidents. 
(2) DEFENSE INDUSTRIAL BASE.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary shall ensure that the Chief Information 
Officer determines what actions need to be taken to 
encourage more complete and timely mandatory cyber 
incident reporting from persons in the defense indus-
trial base. 
(3) DATA
BREACH
NOTIFICATION.—The Sec-
retary shall ensure that components of the Depart-
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ment document instances in which Department per-
sonnel affected by a privacy data breach are notified 
of the breach within 72 hours of the discovery of the 
breach. 
(b) ASSESSMENT ON ESTABLISHING OFFICE OF CYBER 
STATISTICS.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense shall complete an assessment of the feasibility 
and suitability of establishing, and resourcing re-
quired to establish, an office of cyber statistics to 
track cyber incidents and measure the response time 
of defense agencies and the military departments to 
address cyber threats, risks, and vulnerabilities. 
(2) ELEMENTS.—The assessment required under 
paragraph (1) shall include an evaluation of the fea-
sibility, suitability, and resourcing required for de-
fense agencies and the military departments— 
(A) to collect data on the amount of time it 
takes to detect a cyber incident; 
(B) to respond to a cyber incident; 
(C) to fully mitigate the risk of high-impact 
cyber vulnerabilities; 
(D) to recover data following a malicious 
cyber intrusion; and
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(E) to collect such other metrics as the Sec-
retary determines would help improve cyber inci-
dent reporting practices. 
SEC. 1716. MANAGEMENT BY DEPARTMENT OF DEFENSE OF 
MOBILE APPLICATIONS. 
(a) IMPLEMENTATION OF RECOMMENDATIONS.— 
(1) IN GENERAL.—The Secretary of Defense shall 
evaluate and implement to the maximum practicable 
extent the recommendations of the Inspector General 
of the Department of Defense with respect to man-
aging mobile applications contained in the report set 
forth by the Inspector General dated February 9, 
2023, and entitled ‘‘Management Advisory: The DoD’s 
Use of Mobile Applications’’ (Report No. DODIG– 
2023–041). 
(2) DEADLINE.—The Secretary shall implement 
the recommendations specified in subsection (a) by 
not later than one year after the date of the enact-
ment of this Act, unless the Secretary notifies the con-
gressional defense committees in writing of specific 
recommendations that the Secretary chooses not to 
implement or to implement after the date that is one 
year after the date of the enactment of this Act. 
(b) BRIEFING ON REQUIREMENTS RELATED TO COV-
ERED APPLICATIONS.—
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(1) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary 
shall brief the congressional defense committees on ac-
tions taken by the Secretary to enforce compliance 
with existing policy of the Department of Defense that 
prohibits— 
(A) the installation and use of covered ap-
plications on Federal Government devices; and 
(B) the use of covered applications on the 
Department of Defense Information Network on 
personal devices. 
(2) COVERED APPLICATIONS DEFINED.—In this 
subsection, the term ‘‘covered applications’’ means the 
social networking service TikTok or any successor ap-
plication or service developed or provided by 
ByteDance Limited or an entity owned by ByteDance 
Limited. 
SEC. 1717. SECURITY ENHANCEMENTS FOR THE NUCLEAR 
COMMAND, 
CONTROL, 
AND 
COMMUNICA-
TIONS NETWORK. 
(a) REQUIRED
ESTABLISHMENT
OF
CROSS-FUNC-
TIONAL TEAM.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall establish a cross-functional team, in ac-
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cordance with section 911(c) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 10 U.S.C. 111 note), to develop and direct 
the implementation of a threat-driven cyber defense 
construct for systems and networks that support the 
nuclear command, control, and communications 
(commonly referred to as ‘‘NC3’’) mission. 
(2) PARTICIPATION IN THE CROSS-FUNCTIONAL 
TEAM.—The Secretary shall ensure that each of the 
military departments, the Defense Information Sys-
tems Agency, the National Security Agency, United 
States Cyber Command, and the Nuclear Command, 
Control, and Communications Enterprise Center of 
United States Strategic Command provide staff for 
the cross-functional team. 
(3) SCOPE.—The cross-functional team shall 
work to enhance the cyber defense of the nuclear com-
mand, control, and communications network during 
the period beginning on the date of the enactment of 
this Act and ending on October 31, 2028, or a subse-
quent date as the Secretary may determine. 
(b) REQUIRED CONSTRUCT AND PLAN OF ACTION AND 
MILESTONES.—Not later than one year after the date of the 
enactment of this Act, the head of the cross-functional team 
established pursuant to subsection (a)(1) shall develop a
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cyber defense construct and associated plans of actions and 
milestones to enhance the security of the systems and net-
works that support the nuclear command, control, and com-
munications mission that are based on— 
(1) the application of the principles of the Zero 
Trust Architecture approach to security; 
(2) analysis of appropriately comprehensive end-
point and network telemetry data; and 
(3) control capabilities enabling rapid investiga-
tion and remediation of indicators of compromise and 
threats to mission execution. 
(c) ANNUAL BRIEFINGS.—During the 60-day period 
beginning on the date that is 30 days before the date on 
which the President submits to Congress the budget of the 
President for fiscal year 2025 pursuant to section 1105(a) 
of title 31, United States Code, and for each of fiscal years 
2026 through 2028, the Secretary shall provide the congres-
sional defense committees a briefing on the implementation 
of this section. 
SEC. 1718. GUIDANCE REGARDING SECURING LABORA-
TORIES OF THE ARMED FORCES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall, in coordination with the Chief Information Officer 
of the Department of Defense, the Chief Digital and Artifi-
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cial Intelligence Officer of the Department, the Under Sec-
retary of Defense for Research and Engineering, and the 
Under Secretary of Defense for Intelligence and Security, 
issue guidance throughout the Department regarding meth-
ods and processes to secure laboratories of the Armed Forces 
from— 
(1) unauthorized access and intrusion; 
(2) damage to, and destruction, manipulation, 
or theft of, physical and digital laboratory assets; 
(3) accidental or intentional release or disclosure 
of sensitive information; and 
(4) cyber sabotage. 
(b) METHODS AND PROCESSES.—At a minimum, the 
methods and processes required under subsection (a) shall 
include guidance to— 
(1) secure laboratory operations through zero 
trust principles; 
(2) control access of devices to laboratory infor-
mation networks; 
(3) secure inventory management processes; 
(4) control or limit access to laboratories of the 
Armed Forces to authorized individuals; 
(5) maintain the security and integrity of data 
libraries, repositories, and other digital assets;
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(6) report and remediate cyber incidents or other 
unauthorized intrusions; 
(7) train and educate personnel of the Depart-
ment on laboratory security; 
(8) develop an operations security (OPSEC) 
plan to secure laboratory operations that can be used 
to implement the appropriate countermeasures given 
the mission, assessed risk, and resources available to 
the unit and provides guidelines for implementation 
of routine procedures and measures to be employed 
during daily operations or activities of the unit; and 
(9) develop and train applicable units on indi-
vidualized secure laboratory critical information and 
indicator lists to aid in protecting critical informa-
tion about Department activities, intentions, capabili-
ties, or limitations that an adversary seeks to gain a 
military, political, diplomatic, economic, or techno-
logical advantage. 
SEC. 1719. ESTABLISHING IDENTITY, CREDENTIAL, AND AC-
CESS MANAGEMENT INITIATIVE AS A PRO-
GRAM OF RECORD. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall establish the Identity, Credential, and Access Manage-
ment (ICAM) initiative as a program of record subject to
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milestone reviews, compliance with requirements, and oper-
ational testing. 
(b) ELEMENTS.—The program of record established 
pursuant to subsection (a) shall encompass, at a minimum, 
the following: 
(1) 
Correcting 
the 
authentication 
and 
credentialing security weaknesses, including in the 
Public Key Infrastructure program, identified by the 
Director of Operational Test and Evaluation in a re-
port submitted to Congress in April, 2023, entitled 
‘‘FY14–21 Observations of the Compromise of Cyber 
Credentials’’. 
(2) Implementing improved authentication tech-
nologies, such as biometric and behavioral authentica-
tion techniques and other non-password-based solu-
tions. 
(c) BRIEFING.—Not later than 150 days after the date 
of the enactment of this Act, the Secretary shall provide the 
congressional defense committees a briefing on the param-
eters of the program of record established pursuant to sub-
section (a).
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SEC. 1720. STRATEGY ON CYBERSECURITY RESILIENCY OF 
DEPARTMENT OF DEFENSE SPACE ENTER-
PRISE. 
(a) STRATEGY.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall, 
in coordination with the Chief Information Officer of the 
Department of Defense, the Commander of United States 
Cyber Command, the Secretary of the Air Force, and the 
Commander of United States Space Command, develop and 
commence implementation of a Department-wide strategy 
regarding cyber protection activities for the Department of 
Defense space enterprise. 
(b) ELEMENTS.—The strategy developed and imple-
mented pursuant to subsection (a) shall, at a minimum, 
address the following elements: 
(1) The coordination and synchronization of 
cyber protection activities across combatant com-
mands, the military departments, and defense agen-
cies. 
(2) The adoption and implementation of zero 
trust architecture on legacy and new space-based sys-
tems. 
(3) How the Department will prioritize the miti-
gation of known cyber risks and vulnerabilities to leg-
acy and new space-based systems.
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(4) How the Department will accelerate the de-
velopment of capabilities to protect space-based sys-
tems from cyber threats. 
(c) BRIEFING.—Not later than 150 days after the date 
of the enactment of this Act, the Secretary shall provide the 
congressional defense committees a briefing on the strategy 
developed and implemented pursuant to subsection (a). 
SEC. 1721. REQUIREMENTS FOR IMPLEMENTATION OF USER 
ACTIVITY MONITORING FOR CLEARED PER-
SONNEL AND OPERATIONAL AND INFORMA-
TION TECHNOLOGY ADMINISTRATORS AND 
OTHER PRIVILEGED USERS. 
(a) IN GENERAL.—The Secretary of Defense shall re-
quire each head of a component of the Department of De-
fense to fully implement directives, policies, and program 
requirements for user activity monitoring and least privi-
lege access controls for Federal Government and contractor 
personnel granted access to classified information and clas-
sified networks. 
(b) SPECIFIC USER ACTIVITY CONTROL REQUIRE-
MENTS.—The Secretary shall require each head of a Depart-
ment component to fully implement the detection, collection, 
and auditing of the following:
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(1) Sent and received emails, including sent at-
tachments and emails sent outside of Federal Govern-
ment domains. 
(2) Screen captures and print jobs, with focused 
attention on unusual volumes and times. 
(3) Accesses to World Wide Web Uniform Re-
source Locators and uploads and downloads involving 
nongovernment domains. 
(4) All instances in which a user creates, copies, 
moves to, or renames a file on removable media. 
(5) Secure file transfers, including on non-
standard ports. 
(6) Keystrokes. 
(7) Unauthorized research on user activity moni-
toring agents and techniques to disable user activity 
monitoring agents. 
(8) Attempts to clear event logs on devices. 
(9) Unauthorized applications being installed or 
run on an endpoint. 
(10) Installation and use of mounted drives, in-
cluding serial numbers of such drives. 
(11) Initiation and control of an interactive ses-
sion on a remote computer or virtual machine. 
(12) Instances where monitored users are denied 
access to a network location or resource.
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(13) Users uploading to or downloading from 
cloud services. 
(14) Administrative actions by privileged users, 
including remote and after-hour administrative ac-
tions, as well as document viewing, copy and paste 
activity, and file copying to new locations. 
(c) ADDITIONAL REQUIREMENTS.—The Secretary shall 
require each head of a Department component to implement 
the following: 
(1) Automated controls to prohibit privileged 
user accounts from performing general user activities 
not requiring privileged access. 
(2) Two-person control whereby privileged users 
attempt to initiate data transfers from a classified 
domain and removable media-based data transfer ac-
tivities on classified networks. 
(d) ESTABLISHING USER ACTIVITY MONITORING BE-
HAVIOR THRESHOLDS.— 
(1) IN GENERAL.—The Secretary shall require 
each head of a Department component to implement 
standard triggers, alerts, and controls developed by 
the Under Secretary of Defense for Intelligence and 
Security based on insider threat behavior models ap-
proved by the Under Secretary.
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† HR 2670 EAS 
(2) APPROVAL OF DEVIATIONS.—A head of a De-
partment component that seeks to adopt a practice 
pursuant to paragraph (1) that deviates from stand-
ard triggers, alerts, and controls described in such 
paragraph by being less stringent shall submit to the 
Under Secretary a request for approval for such devi-
ation along with a written justification for such devi-
ation. 
(e) PERIODIC TESTING.—The Secretary shall require 
each head of a Department component, not less frequently 
than once every two years— 
(1) to conduct insider threat testing using threat- 
realistic tactics, techniques, and procedures; and 
(2) to submit to the Under Secretary and the Di-
rector of Operational Test and Evaluation a report 
on the findings of the head with respect to the testing 
conducted pursuant to paragraph (1). 
(f) PERIODIC REVIEWS AND UPDATES.—The Secretary 
shall review and update the standard set of triggers, alerts, 
and controls described in subsection (d)(1) at least once 
every three years to account for new technology, new insider 
threat behaviors, and the results of testing conducted pursu-
ant to subsection (e)(1). 
(g) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to
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† HR 2670 EAS 
the Committee on Armed Services and the Select Committee 
on Intelligence of the Senate and the Committee on Armed 
Services and the Permanent Select Committee on Intel-
ligence of the House of Representatives a report on the im-
plementation of the requirements of this section. 
(h) DEFINITION OF TRIGGERS.—In this section, the 
term ‘‘trigger’’ means a set of logic statements applied to 
a data stream that produces an alert when an anomalous 
incident or behavior occurs. 
SEC. 1722. DEPARTMENT OF DEFENSE DIGITAL CONTENT 
PROVENANCE. 
(a) BRIEFING.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Director of 
the Defense Media Activity (DMA) shall provide a to 
the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of 
Representatives a briefing on developing a course of 
education 
at 
the 
Defense 
Information 
School 
(DINFOS) to teach the practical concepts and skills 
needed by Department of Defense public affairs, 
audiovisual, visual information, and records manage-
ment specialists. 
(2) ELEMENTS.—The briefing provided pursuant 
to paragraph (1) shall cover the following:
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† HR 2670 EAS 
(A) The expertise and qualifications of the 
Department personnel who will be responsible for 
teaching the proposed course of education. 
(B) The list of sources that will be consulted 
and used to develop the proposed curriculum for 
the course of education. 
(C) A description of the industry open tech-
nical standards under subsection (b)(1)(C). 
(D) The status of the implementation of the 
course of education. 
(b) COURSE OF EDUCATION REQUIRED.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Director of 
the Defense Media Activity shall establish a course of 
education at the Defense Information School to teach 
the practical concepts and skills needed by public af-
fairs, audiovisual, visual information, and records 
management specialists to understand the following: 
(A) Digital content provenance for applica-
ble Department media content. 
(B) The challenges posed to Department 
missions and operations by a digital content for-
gery. 
(C) How existing industry open technical 
standards may be used to authenticate the dig-
1137 
† HR 2670 EAS 
ital content provenance of applicable Depart-
ment media content. 
(2) MATTERS
COVERED.—The course of edu-
cation established pursuant to paragraph (1) shall 
cover the following: 
(A) The challenges to Department missions 
and operations posed by a digital content for-
gery. 
(B) The development of industry open tech-
nical standards for verifying the digital content 
provenance of applicable Department media con-
tent. 
(C) Hands-on training techniques for cap-
turing secure and authenticated digital content 
for documenting and communicating Depart-
ment themes and messages. 
(D) Training for completing post-produc-
tion tasks by using industry open technical 
standards for digital content provenance and 
transmitting applicable Department media con-
tent in both operational and nonoperational en-
vironments. 
(E) Such other matters as the Director con-
siders appropriate.
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† HR 2670 EAS 
(3) REPORT.—Not later than one year after the 
date of the establishment of the course required in 
paragraph (1), the Director shall provide the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representa-
tives a report on the following: 
(A) The status of the development of a cur-
riculum to carry out the course of education re-
quired by paragraph (1). 
(B) The implementation plan of the Direc-
tor for such course of education, including the 
following: 
(i) The expertise and qualifications of 
the Department personnel responsible for 
teaching the course of education. 
(ii) The list of sources consulted and 
used to develop the curriculum for the 
course of education. 
(iii) A description of the industry open 
technical 
standards 
under 
subsection 
(b)(1)(C). 
(iv) The status of the implementation 
of the course of education. 
(C) The resources available to the Director 
to carry out this subsection and whether the Di-
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† HR 2670 EAS 
rector requires any additional resources to carry 
out this subsection. 
(c) PILOT PROGRAM ON IMPLEMENTING DIGITAL CON-
TENT PROVENANCE STANDARDS.— 
(1) PILOT PROGRAM REQUIRED.—Not later than 
one year after the date of the enactment of this Act, 
the Director shall commence a pilot program to assess 
the feasibility and advisability of implementing in-
dustry open technical standards for digital content 
provenance for official Department photographic and 
video visual documentation that is publicly released 
by the Defense Visual Information Distribution Serv-
ice (DVIDS) and other distribution platforms, sys-
tems, and services used by the Department. 
(2) ELEMENTS.—In carrying out the pilot pro-
gram required by paragraph (1), the Director shall— 
(A) establish a process for using industry 
open technical standards for verifying the digital 
content provenance of applicable Department 
media content; 
(B) apply technology solutions on photo-
graphs and videos of the Department publicly re-
leased after the date of the enactment of this sec-
tion, that comport with industry open technical 
standard for digital content provenance;
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† HR 2670 EAS 
(C) assess the feasibility and advisability of 
applying an industry open technical standard 
for digital content provenance on historical vis-
ual information records of the Department stored 
at the Defense Visual Information Records Cen-
ter; and 
(D) develop and apply measure of effective-
ness for the execution of the pilot program. 
(3) CONSULTATION.—In carrying out the pilot 
program required by paragraph (1), the Director may 
consult with federally funded research and develop-
ment centers, private industry, academia, and such 
others as the Director considers appropriate. 
(4) TERMINATION.—The pilot program carried 
out pursuant to paragraph (1) shall terminate on 
January 1, 2027. 
(5) REPORT.— 
(A) IN GENERAL.—Not later than January 
1, 2026, the Director shall submit to the Com-
mittee on Armed Services of the Senate and the 
Committee on Armed Services of the House of 
Representatives a report on the pilot program. 
(B) CONTENTS.—The report submitted pur-
suant to subparagraph (A) shall include the fol-
lowing:
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† HR 2670 EAS 
(i) The findings of the Director with 
respect to the pilot program. 
(ii) The names of all entities the Direc-
tor consulted with in carrying out the pilot 
program as authorized under paragraph 
(3). 
(iii) Assessment of the effectiveness of 
the pilot. 
(iv) A recommendation as to whether 
the pilot program should be made perma-
nent. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘applicable Department media con-
tent’’ means the media holdings generated, stored, or 
controlled by the Defense Media Activity. 
(2) The term ‘‘digital content forgery’’ means the 
use of emerging technologies, including artificial in-
telligence and machine learning techniques to fab-
ricate or manipulate audio, visual, or text content 
with the intent to mislead. 
(3) The term ‘‘digital content provenance’’ means 
the verifiable chronology of the origin and history of 
a piece of digital content, such as an image, video, 
audio recording, or electronic document.
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SEC. 1723. POST-GRADUATE EMPLOYMENT OF CYBER SERV-
ICE ACADEMY SCHOLARSHIP RECIPIENTS IN 
INTELLIGENCE COMMUNITY. 
Section 1535 of the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023 (Public Law 117– 
263; 10 U.S.C. 2200 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, the 
heads of the elements of the intelligence commu-
nity,’’ after ‘‘the Secretary of Homeland Secu-
rity’’; and 
(B) in paragraph (3), by striking ‘‘Depart-
ment of Defense Cyber and Digital Service Acad-
emy’’ and inserting ‘‘Cyber Service Academy’’; 
and 
(2) in subsection (d), by inserting ‘‘or an element 
of the intelligence community’’ after ‘‘missions of the 
Department’’; 
(3) in subsection (e)— 
(A) by striking ‘‘Secretary’’ each place it 
appears and inserting ‘‘head concerned’’; and 
(B) by inserting ‘‘, or within an element of 
the intelligence community, as the case may be’’ 
after ‘‘United States Code’’;
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† HR 2670 EAS 
(4) in subsections (h), (j), and (k), by striking 
‘‘Secretary’’ each place it appears and inserting 
‘‘head concerned’’; and 
(5) by adding at the end of the following new 
subsections: 
‘‘(p) INTERAGENCY CONSIDERATIONS.— 
‘‘(1) IN
GENERAL.—The Secretary of Defense 
shall enter into an agreement with the head of an ele-
ment of the intelligence community to allow a schol-
arship recipient to satisfy the recipient’s post-award 
employment obligations under this section by working 
for an element of the intelligence community that is 
not part of the Department of Defense if the head of 
that element agrees to reimburse the Department of 
Defense for the scholarship program costs associated 
with that scholarship recipient. 
‘‘(2) LIMITATIONS.—(A) A scholarship recipient 
may not serve the recipient’s post-award employment 
obligation under this section at an element of the in-
telligence community that is not part of the Depart-
ment of Defense before an agreement under paragraph 
(1) is reached. 
‘‘(B) Not more than 10 percent of scholarship re-
cipients in each class may be placed in positions out-
side the Department of Defense unless the Secretary
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† HR 2670 EAS 
certifies that the Department of Defense cannot facili-
tate a placement within the Department of Defense. 
‘‘(q) DEFINITIONS.—In this section: 
‘‘(1) The term ‘head concerned’ means— 
‘‘(A) The Secretary of Defense, with respect 
to matters concerning the Department of Defense; 
or 
‘‘(B) the head of an element of the intel-
ligence community, with respect to matters con-
cerning that element. 
‘‘(2) The term ‘intelligence community’ has the 
meaning given such term in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003).’’. 
SEC. 1724. MINIMUM NUMBER OF SCHOLARSHIPS TO BE 
AWARDED ANNUALLY THROUGH CYBER SERV-
ICE ACADEMY. 
Section 1535(c) of the James M. Inhofe National De-
fense Authorization Act for Fiscal Year 2023 (Public Law 
117–263; 10 U.S.C. 2200 note) is amended by adding at 
the end the following new paragraph: 
‘‘(5) 
MINIMUM
NUMBER
OF
SCHOLARSHIP 
AWARDS.— 
‘‘(A) IN GENERAL.—The Secretary of De-
fense shall award not fewer than 1,000 scholar-
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† HR 2670 EAS 
ships through the Program in fiscal year 2026 
and in each fiscal year thereafter. 
‘‘(B) WAIVER.—The Secretary of Defense 
may award fewer than the number of scholar-
ships required under subparagraph (A) in a fis-
cal year if the Secretary determines and notifies 
the congressional defense committees that fewer 
scholarships are necessary to address workforce 
needs.’’. 
SEC. 1725. CONTROL AND MANAGEMENT OF DEPARTMENT 
OF DEFENSE DATA AND ESTABLISHMENT OF 
CHIEF 
DIGITAL 
AND 
ARTIFICIAL 
INTEL-
LIGENCE OFFICER GOVERNING COUNCIL. 
(a) CONTROL AND MANAGEMENT OF DEPARTMENT OF 
DEFENSE DATA.—The Chief Digital and Artificial Intel-
ligence Officer of the Department of Defense shall maintain 
the authority, but not the requirement, to access and con-
trol, on behalf of the Secretary of Defense, of all data col-
lected, acquired, accessed, or utilized by Department of De-
fense components consistent with section 1513 of the James 
M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023 (Public Law 117–263; 10 U.S.C. 4001 note). 
(b) CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE 
OFFICER GOVERNING COUNCIL.—Paragraph (3) of section 
238(d) of the John S. McCain National Defense Authoriza-
1146 
† HR 2670 EAS 
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 
U.S.C. note prec. 4061) is amended to read as follows: 
‘‘(3) CHIEF
DIGITAL
AND
ARTIFICIAL
INTEL-
LIGENCE OFFICER GOVERNING COUNCIL.— 
‘‘(A) ESTABLISHMENT.—(i) The Secretary 
shall establish a council to provide policy over-
sight to ensure the responsible, coordinated, and 
ethical employment of data and artificial intel-
ligence capabilities across Department of Defense 
missions and operations. 
‘‘(ii) The council established pursuant to 
clause (i) shall be known as the ‘Chief Digital 
and Artificial Intelligence Officer Governing 
Council’ (in this paragraph the ‘Council’). 
‘‘(B) MEMBERSHIP.—The Council shall be 
composed of the following: 
‘‘(i) Joint Staff J–6. 
‘‘(ii) The Under Secretary of Defense 
for Acquisition and Sustainment. 
‘‘(iii) The Under Secretary of Defense 
for Research and Evaluation. 
‘‘(iv) The Under Secretary of Defense 
for Intelligence and Security. 
‘‘(v) The Under Secretary of Defense 
for Policy.
1147 
† HR 2670 EAS 
‘‘(vi) The Director of Cost Analysis 
and Program Evaluation. 
‘‘(vii) The Chief Information Officer of 
the Department. 
‘‘(viii) The Director of Administration 
and Management. 
‘‘(ix) The service acquisition executives 
of each of the military departments. 
‘‘(C) HEAD OF COUNCIL.—The Council shall 
be headed by the Chief Digital and Artificial In-
telligence Officer of the Department. 
‘‘(D) MEETINGS.—The Council shall meet 
not less frequently than twice each fiscal year. 
‘‘(E) DUTIES OF COUNCIL.—The duties of 
the Council are as follows: 
‘‘(i) To streamline the organizational 
structure of the Department as it relates to 
artificial intelligence development, imple-
mentation, and oversight. 
‘‘(ii) To improve coordination on arti-
ficial intelligence governance with the de-
fense industry sector. 
‘‘(iii) To establish and oversee artifi-
cial intelligence guidance on ethical require-
ments and protections for usage of artificial
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† HR 2670 EAS 
intelligence supported by Department fund-
ing and reduces or mitigates instances of 
unintended bias in artificial intelligence al-
gorithms. 
‘‘(iv) To identify, monitor, and peri-
odically update appropriate recommenda-
tions for operational usage of artificial in-
telligence. 
‘‘(v) To review, as the head of the 
Council considers necessary, artificial intel-
ligence program funding to ensure that any 
Department investment in an artificial in-
telligence tool, system, or algorithm adheres 
to all Department established policy related 
to artificial intelligence. 
‘‘(vi) To provide periodic status up-
dates on the efforts of the Department to de-
velop and implement artificial intelligence 
into existing Department programs and 
processes. 
‘‘(vii) To provide guidance on access 
and distribution restrictions relating to 
data, models, tool sets, or testing or valida-
tion infrastructure.
1149 
† HR 2670 EAS 
‘‘(viii) to implement and oversee a 
data and artificial intelligence educational 
program for the purpose of familiarizing 
the Department at all levels on the applica-
tions of artificial intelligence in their oper-
ations. 
‘‘(ix) To implement and oversee a data 
decree scorecard. 
‘‘(x) Such other duties as the Council 
determines appropriate. 
‘‘(F) PERIODIC REPORTS.—Not later than 
180 days after the date of the enactment of the 
National Defense Authorization Act for Fiscal 
Year 2024 and not less frequently than once 
every 18 months thereafter, the Council shall sub-
mit to the Secretary and the congressional de-
fense committees a report on the activities of the 
Council during the period covered by the re-
port.’’. 
SEC. 1726. REQUIREMENT TO SUPPORT FOR CYBER EDU-
CATION AND WORKFORCE DEVELOPMENT AT 
INSTITUTIONS OF HIGHER LEARNING. 
(a) AUTHORITY.—The Secretary of Defense shall sup-
port the development of foundational expertise in critical 
cyber operational skills at institutions of higher learning,
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† HR 2670 EAS 
selected by the Secretary under subsection (b), for current 
and future members of the Armed Forces and civilian em-
ployees of the Department of Defense. 
(b) SELECTION.—The Secretary shall select institu-
tions of higher learning to receive support under subsection 
(a) from among institutions of higher learning that meet 
the following eligibility criteria: 
(1) The institution offers a program from begin-
ning through advanced skill levels to provide future 
military and civilian leaders of the Armed Forces 
with operational cyber expertise. 
(2) The institution includes instruction and 
practical experiences that lead to recognized certifi-
cations and degrees in the cyber field. 
(3) The institution has and maintains an edu-
cational partnership with an active component of the 
Armed Forces or a Department component designed 
to facilitate the development of critical cyber skills for 
students who may pursue a military career. 
(4) The institution is located in close proximity 
to a military installation with a cyber mission de-
fined by the Department or the Armed Forces. 
(c) SUPPORT.—Under subsection (a), the Secretary 
shall provide, at a minimum, to each institution of higher 
learning selected by the Secretary under subsection (b) the
1151 
† HR 2670 EAS 
following support for civilian and military leaders of the 
Department transitioning into cyber fields at the Depart-
ment: 
(1) Expansion of cyber educational programs fo-
cused on enhancing such transition. 
(2) Hands-on cyber opportunities, including lab-
oratories and security operations centers. 
(3) Direct financial assistance to civilian and 
military students at the Department to increase ac-
cess to courses and hands-on opportunities under 
paragraphs (1) and (2). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for fiscal year 2024. 
SEC. 1727. IMPROVEMENTS RELATING TO CYBER PROTEC-
TION SUPPORT FOR DEPARTMENT OF DE-
FENSE PERSONNEL IN POSITIONS HIGHLY 
VULNERABLE TO CYBER ATTACK. 
Section 1645 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 
2224 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)—
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† HR 2670 EAS 
(i) by inserting ‘‘and personal ac-
counts’’ after ‘‘personal technology devices’’; 
and 
(ii) by inserting ‘‘and shall provide 
such support to any such personnel who re-
quest the support’’ after ‘‘in paragraph 
(2)’’; and 
(B) in paragraph (2)(B), by inserting ‘‘or 
personal accounts’’ after ‘‘personal technology de-
vices’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘or per-
sonal accounts’’ after ‘‘personal technology de-
vices’’; and 
(B) in paragraph (2), by striking ‘‘and net-
works’’ and inserting ‘‘, personal networks, and 
personal accounts’’; and 
(3) by striking subsections (d) and (e) and in-
serting the following new subsection (d): 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘personal accounts’ means ac-
counts for online and telecommunications services, in-
cluding telephone, residential internet access, email, 
text and multimedia messaging, cloud computing, so-
cial media, health care, and financial services, used
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† HR 2670 EAS 
by Department of Defense personnel outside of the 
scope of their employment with the Department. 
‘‘(2) The term ‘personal technology devices ’ 
means technology devices used by Department of De-
fense personnel outside of the scope of their employ-
ment with the Department and includes networks to 
which such devices connect.’’. 
SEC. 1728. COMPTROLLER GENERAL REPORT ON EFFORTS 
TO PROTECT PERSONAL INFORMATION OF 
DEPARTMENT 
OF 
DEFENSE 
PERSONNEL 
FROM EXPLOITATION BY FOREIGN ADVER-
SARIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall brief the appropriate congres-
sional committees on Department of Defense efforts to pro-
tect personal information of its personnel from exploitation 
by foreign adversaries. 
(b) ELEMENTS.—The briefing required under sub-
section (a) shall include any observations on the following 
elements: 
(1) An assessment of efforts by the Department 
of Defense to protect the personal information, includ-
ing location data generated by smart phones, of mem-
bers of the Armed Forces, civilian employees of the
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† HR 2670 EAS 
Department of Defense, veterans, and their families 
from exploitation by foreign adversaries. 
(2) Recommendations to improve Department of 
Defense policies and programs to meaningfully ad-
dress this threat. 
(c) REPORT.—The Comptroller General shall publish 
on its website an unclassified report, which may contain 
a classified annex submitted to the congressional defense 
and intelligence committees, on the elements described in 
subsection (b) at a time mutually agreed upon. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ means— 
(1) the congressional defense committees; 
(2) the Select Committee on Intelligence of the 
Senate; and 
(3) the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
TITLE XVIII—SPACE FORCE 
PERSONNEL MANAGEMENT 
SEC. 1801. SHORT TITLE. 
This title may be cited as the ‘‘Space Force Personnel 
Management Act’’.
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† HR 2670 EAS 
SEC. 1802. SPACE FORCE PERSONNEL MANAGEMENT ACT 
TRANSITION PLAN. 
(a) CONDITIONS REQUIRED FOR ENACTMENT.— 
(1) IN GENERAL.—None of the authorities pro-
vide by this title shall take effect until the later of— 
(A) the Secretary of the Air Force— 
(i) certifies to the congressional defense 
committees that any State National Guard 
affected by the transfer of units, personnel 
billets, equipment, and resources into the 
Space Force will be made whole by the 
transfer of additional assets under the con-
trol of the Secretary of the Air Force into 
the affected State National Guard; and 
(ii) submits to the congressional de-
fense committees a report that includes a 
transition plan to move all units, personnel 
billets, equipment, and resources performing 
core Space Force functions, under the oper-
ational control of the Space Force, or other-
wise integral to the Space Force mission 
that may exist in the reserve components of 
the Department of the Air Force into the 
Space Force; and
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† HR 2670 EAS 
(B) one year after the Secretary of Defense 
provides the briefing on the study required under 
section 1703(c). 
(2) ELEMENTS.—The transition plan required 
under paragraph (1)(B) shall include the following 
elements: 
(A) An identification of any units, per-
sonnel billets, equipment, and resources currently 
residing in the Air Force Reserve and Air Na-
tional Guard that will be transferred into the 
Space Force, including, for items currently in 
the Air National Guard, a breakdown of assets 
by State. 
(B) A timeline for the implementation of 
the authorities provided by this title. 
(C) An explanation of any units personnel 
billets, equipment, and resources transferred be-
tween the Regular Air Force, Air Force Reserve, 
Air National Guard, and Space Force, includ-
ing, for any assets transferred into or out of the 
Air National Guard, a breakdown of transfers by 
State. 
(b) PERSONNEL PROTECTIONS.— 
(1) IN GENERAL.—In enacting the authorities 
provided by this title, the Secretary of the Air Force
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† HR 2670 EAS 
shall not require any currently serving member of the 
Air National Guard to enlist or commission into the 
Space Force. 
(2) JOB PLACEMENT.—The Secretary of the Air 
Force shall provide employment opportunities within 
the Air National Guard to any currently serving 
member of the Air National Guard who, as a direct 
result of the enactment of this title, declines to affil-
iate with the Space Force. 
(3) SPACE FORCE AFFILIATION.—The Secretary 
of the Air Force shall guarantee in writing that any 
member of the Air National Guard who joins the 
Space Force as a result of the enactment of this title 
will not lose rank or pay upon transferring to the 
Space Force. 
(c) NATIONAL GUARD PROTECTIONS.—The Secretary 
of the Air Force shall ensure that no State National Guard 
loses Federal resources, including net personnel billets and 
Federal funding, as a result of the enactment of the authori-
ties provided by this title. 
SEC. 1803. COMPREHENSIVE ASSESSMENT OF SPACE FORCE 
EQUITIES IN THE NATIONAL GUARD. 
(a) STUDY REQUIRED.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall seek to enter into an agreement with a Federally
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† HR 2670 EAS 
funded research and development center under which such 
center will conduct an independent study to assess the feasi-
bility and advisability of moving all units, personnel bil-
lets, equipment, and resources performing core space func-
tions, under the operational control of the Space Force, or 
otherwise integral to the Space Force mission that may 
exist in the National Guard and into a single-component 
Space Force and provide to the Secretary a report on the 
findings of the study. The conduct of such study shall in-
clude the following elements: 
(1) An analysis and recommendations associated 
with at least the three following possible courses of ac-
tion: 
(A) Maintaining the current model in 
which the Air National Guard has units and 
personnel performing core space functions. 
(B) Transitioning such units and personnel 
to the Space Force. 
(C) The creation of a new National Guard 
component of the Space Force. 
(2) A cost-benefit analysis for each of the ana-
lyzed courses of action. 
(3) With respect to the course of action described 
in paragraph (1)(B), an analysis of the ideal per-
sonnel, units, and resources that could be transitioned
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† HR 2670 EAS 
to the respective Air National Guards of States that 
may lose space-related personnel, units, and resources 
as a result of the consolidation of space-related per-
sonnel, units, and resources into the Space Force com-
ponent. 
(b) DEADLINE FOR COMPLETION.—An agreement en-
tered into pursuant to subsection (a) shall specify that the 
study conducted under the agreement shall be completed by 
not later than February 1, 2025. 
(c) BRIEFING AND REPORT.— 
(1) IN GENERAL.—Upon completion of a study 
conducted under an agreement entered into pursuant 
to subsection (a), the Secretary shall provide to the 
Committees on Armed Services of the Senate and 
House of Representatives a briefing and report on the 
findings of the study, including a description of any 
proposed personnel, unit, or resource realignments re-
lated to the creation of the Space Force single compo-
nent or recommended by such study. 
(2) CLASSIFICATION OF REPORT.—The report re-
quired under paragraph (1) shall be submitted in un-
classified form but may include classified appendices 
as required.
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Subtitle A—Space Force Military 
Personnel System Without Com-
ponent 
SEC. 1811. ESTABLISHMENT OF MILITARY PERSONNEL MAN-
AGEMENT SYSTEM FOR THE SPACE FORCE. 
Title 10, United States Code, is amended by adding 
at the end the following new subtitle: 
‘‘Subtitle F—Alternative Military 
Personnel Systems 
‘‘PART I—SPACE FORCE 
‘‘Chap. 
‘‘2001. Space Force Personnel System
.........................................................
20001 
‘‘2003. Status and Participation
..................................................................
20101 
‘‘2005. Officers .................................................................................................
20201 
‘‘2007. Enlisted Members
...............................................................................
20301 
‘‘2009. Retention and Separation Generally ................................................
20401 
‘‘2011. Separation of Officers for Substandard Performance of Duty or 
for Certain Other Reasons
...............................................
20501 
‘‘2013. Retirement
..........................................................................................
20601 
‘‘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.’’.
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SEC. 1812. 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 
(3) in paragraph (1), as so redesignated, by 
striking ‘‘, including’’ and all that follows through 
‘‘emergency’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the certification 
by the Secretary of the Air Force under section 1745. 
SEC. 1813. 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 following 
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 retired.
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‘‘(2) The term ‘Space Force inactive status’ 
means the status of a member of the Space Force who 
is designated by the Secretary of the Air Force, under 
regulations prescribed by the Secretary, as being in a 
Space Force inactive status. 
‘‘(3) The term ‘Space Force retired status’ means 
the status of a member of the Space Force who— 
‘‘(A) is receiving retired pay; or 
‘‘(B) but for being under the eligibility age 
applicable under section 12731 of this title, 
would be eligible for retired pay under chapter 
1223 of this title. 
‘‘(4) The term ‘sustained duty’ means full-time 
duty by a member of the Space Force ordered to such 
duty by an authority designated by the Secretary of 
the Air Force— 
‘‘(A) in the case of an officer— 
‘‘(i) to fulfill the terms of an active- 
duty service commitment incurred by the of-
ficer 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 speci-
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fied in the terms of the member’s enlistment or 
reenlistment agreement.’’. 
(b) AMENDMENTS TO EXISTING DUTY STATUS DEFINI-
TIONS.—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’’ both places 
it appears. 
SEC. 1814. 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 fol-
lowing 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.
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‘‘§ 20003. Members: minimum service requirement as 
applied to Space Force 
‘‘(a) INAPPLICABILITY OF ACTIVE/RESERVE SERVICE 
DISTINCTION.—In applying section 651 of this title to a 
person who becomes a member of the Space Force, the provi-
sions of the second sentence of subsection (a) and of sub-
section (b) of that section (relating to service in a reserve 
component) are inapplicable. 
‘‘(b) TREATMENT UPON TRANSFER OUT OF SPACE 
FORCE.—A member of the Space Force who transfers to one 
of the other armed forces before completing the service re-
quired by subsection (a) of section 651 of this title shall 
upon such transfer be subject to section 651 of this title in 
the same manner as if such member had initially entered 
the armed force to which the member transfers.’’. 
SEC. 1815. 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 ac-
tive duty service required. 
‘‘20102. Individual ready guardians: designation; mobilization category. 
‘‘20103. Members not on sustained duty: agreements concerning conditions of serv-
ice. 
‘‘20104. Orders to active duty: with consent of member. 
‘‘20105. Sustained duty. 
‘‘20106. Orders to active duty: without consent of member.
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‘‘20107. Transfer to inactive status: initial service obligation not complete. 
‘‘20108. Members of Space Force: credit for service for purposes of laws providing 
pay and benefits for members, dependents, and survivors. 
‘‘20109. Policy for order to active duty based upon determination by Congress. 
‘‘§ 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 serving 
on sustained duty shall be required to— 
‘‘(1) participate in at least 48 scheduled drills or 
training periods during each year and serve on active 
duty for not less than 14 days (exclusive of travel 
time) during each year; or 
‘‘(2) serve on active duty for 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 Guardians, 
there is a category of members (referred to as a ‘mobi-
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lization category’) who, as designated by the Sec-
retary of the Air Force, are subject to being ordered 
to active duty without their consent in accordance 
with section 20106(a) of this title. 
‘‘(2) LIMITATIONS ON PLACEMENT IN MOBILIZA-
TION CATEGORY.—A member designated as an Indi-
vidual Ready Guardian may not be placed in the mo-
bilization category referred to in paragraph (1) un-
less— 
‘‘(A) the member volunteers to be placed in 
that mobilization category; and 
‘‘(B) the member is selected by the Secretary 
of the Air Force, based upon the needs of the 
Space Force and the grade and military skills of 
that member. 
‘‘(3) LIMITATION ON TIME IN MOBILIZATION CAT-
EGORY.—A member of the Space Force in a Space 
Force active status may not remain designated an In-
dividual Ready Guardian in such mobilization cat-
egory after the end of the 24-month period beginning 
on the date of the separation of the member from ac-
tive service. 
‘‘(4) DESIGNATION
OF
GRADES
AND
MILITARY 
SKILLS OR SPECIALTIES.—The Secretary of the Air 
Force shall designate the grades and military skills or
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specialties of members to be eligible for placement in 
such mobilization category. 
‘‘(5) BENEFITS.—A member in such mobilization 
category shall be eligible for benefits (other than pay 
and training) on the same basis as are available to 
members of the Individual Ready Reserve who are in 
the special mobilization category under section 
10144(b) of this title, as determined by the Secretary 
of Defense. 
‘‘§ 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
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Secretary of the Air Force shall prescribe regulations estab-
lishing— 
‘‘(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 sus-
tained duty, or who is serving in a Space Force inactive 
status, may, with the consent of the member, be ordered to 
active duty, or retained on active duty, under the following 
sections of chapter 1209 of this title in the same manner 
as applies to a member of a reserve component ordered to 
active duty, or retained on active duty, under that section 
with the consent of the member:
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‘‘(1) Section 12301(d), relating to orders to ac-
tive duty at any time with the consent of the member. 
‘‘(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 pend-
ing line of duty determination required for response 
to sexual assault. 
‘‘(b) APPLICABLE PROVISIONS OF LAW.—The following 
sections of chapter 1209 of this title pertaining to a member 
of a reserve component ordered to active duty with the con-
sent of the member apply to a member of the Space Force 
who is ordered to active duty under this section in the same 
manner as to such a reserve component member: 
‘‘(1) Section 12308, relating to retention after 
becoming qualified for retired pay. 
‘‘(2) Section 12309, relating to use of Reserve of-
ficers in expansion of armed forces. 
‘‘(3) Section 12313, relating to release of reserve 
members from active duty. 
‘‘(4) Section 12314, relating to kinds of duty. 
‘‘(5) Section 12315, relating to duty with or 
without pay.
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‘‘(6) Section 12316, relating to payment of cer-
tain Reserves while on duty. 
‘‘(7) Section 12318, relating to duties and fund-
ing of reserve members on active duty. 
‘‘(8) Section 12320, relating to grade in which 
ordered to active duty. 
‘‘(9) Section 12321, relating to a limitation on 
number of reserve members assigned to Reserve Officer 
Training Corps units. 
‘‘§ 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 
‘‘(B) to fulfill the terms of an active-duty service 
commitment incurred by the officer under any provi-
sion of law.
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‘‘(2) An officer ordered to sustained duty under para-
graph (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 STATUS.— 
(1) A member of the Space Force in a Space Force active 
status who is not on sustained duty, may, without the con-
sent of the member, be ordered to active duty or inactive 
duty in the same manner as a member of a reserve compo-
nent ordered to active duty or inactive duty under the pro-
visions 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 con-
sent of the member. 
‘‘(2) The provisions of chapter 1209 of this title, or 
other applicable provisions of law, pertaining to a member 
of the Ready Reserve when ordered to active duty shall 
apply to a member of the Space Force who is in a Space 
Force active status when ordered to active duty under para-
graph (1). 
‘‘(3) The provisions of section 12304 of this title per-
taining to members in the Individual Ready Reserve mobi-
lization category shall apply to a member of the Space
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Force who is designated an Individual Ready Guardian 
when ordered to active duty who meets the provisions of 
section 20102(b) of this title. 
‘‘(b) MEMBERS IN A SPACE FORCE INACTIVE 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 authorizing the 
order to active duty of a member of a reserve compo-
nent 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 Stand-
by Reserve shall apply to a member of the Space Force who 
is in a Space Force inactive service when ordered to active 
duty. 
‘‘(c) MEMBERS IN A SPACE FORCE RETIRED STA-
TUS.—(1) Chapters 39 and 1209 of this title include provi-
sions 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
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Force in a Space Force retired status when ordered to active 
duty. 
‘‘(3) The provisions of section 689 of this title per-
taining to a retired member ordered to active duty shall 
apply to a member of the Space Force in a Space Force 
retired status who is ordered to active duty. 
‘‘(d) OTHER APPLICABLE PROVISIONS.—The following 
provisions of chapter 1209 of this title pertaining shall 
apply to a member of the Space Force ordered to active 
duty in the same manner as to a Reserve or member of 
the Retired Reserve ordered to active duty: 
‘‘(1) Section 12305, relating to the authority of 
the President to suspend certain laws relating to pro-
motion, 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.
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‘‘(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 ter-
minating 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 
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 Sec-
retary 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
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Force active status not on sustained duty shall be 
considered military training, duty, or other service, 
as the case may be, as a member of a reserve compo-
nent. 
‘‘(2) Sustained duty performed by a member of 
the Space Force under section 20105 of this title shall 
be considered active duty as a member of a regular 
component. 
‘‘(3) Active duty performed by a member of the 
Space Force in a Space Force active status not on 
sustained duty shall be considered active duty as a 
member of a reserve component. 
‘‘(4) Inactive-duty training performed by a 
member of the Space Force shall be considered 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 serving 
on active duty, members of the Space Force not serving on 
active duty shall be ordered to active duty and retained as 
long as so needed.’’.
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SEC. 1816. 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
Sec. 
‘‘I. Original appointments .............................................................................
20201 
‘‘II. Selection boards .......................................................................................
20211 
‘‘III. Promotions ..............................................................................................
20231 
‘‘IV. Persons not considered for promotion and other promotion-related 
provisions ............................................................................
20241 
‘‘V. Applicability of other laws ......................................................................
20251 
‘‘SUBCHAPTER I—ORIGINAL APPOINTMENTS 
‘‘Sec. 
‘‘20201. Original appointments: how made. 
‘‘20202. Original appointments: qualifications. 
‘‘20203. Original appointments: service credit. 
‘‘§ 20201. Original appointments: how made 
‘‘The provisions of section 531 of this title shall apply 
to original appointments of commissioned officers in the 
Space Force. 
‘‘§ 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, pro-
fessional, and age qualifications as the Secretary of 
the Air Force may prescribe by regulation.
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‘‘(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. 
‘‘§ 20203. Original appointments: service credit 
‘‘The provisions of section 533 of this title shall apply 
to the crediting of prior active commissioned service for 
original appointments of commissioned officers.’’. 
(b) CONFORMING AMENDMENTS RELATING TO ORIGI-
NAL 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 COMMISSIONED 
OFFICERS.—Section 531 of such title is amended by 
striking ‘‘Regular’’ before ‘‘Space Force’’ each place it 
appears. 
(3) QUALIFICATIONS
FOR
ORIGINAL
APPOINT-
MENT AS A COMMISSIONED OFFICER.—Section 532(a) 
of such title is amended by striking ‘‘Regular Marine
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Corps, or Regular Space Force’’ and inserting ‘‘or 
Regular Marine Corps’’. 
(4) SERVICE CREDIT UPON ORIGINAL APPOINT-
MENT AS A COMMISSIONED OFFICER.—Section 533 of 
such title is amended by striking ‘‘Regular’’ before 
‘‘Space Force’’ each place it appears. 
(c) SELECTION BOARDS AND PROMOTIONS.—Chapter 
205 of title 10, United States Code, as added by subsection 
(a), is amended by adding at the end the following new 
subchapters: 
‘‘SUBCHAPTER II—SELECTION BOARDS 
‘‘Sec. 
‘‘20211. Convening of selection boards. 
‘‘20212. Composition of selection boards. 
‘‘20213. Notice of convening of selection boards. 
‘‘20214. Information furnished to selection boards. 
‘‘20215. Recommendations for promotion by selection boards. 
‘‘20216. Reports of selection boards. 
‘‘20217. Action on reports of selection boards for promotion to brigadier general 
or major general. 
‘‘§ 20211. Convening of selection boards 
‘‘(a) IN GENERAL.—Whenever the needs of the service 
require, the Secretary of the Air Force shall convene selec-
tion boards to recommend for promotion to the next higher 
permanent grade officers of the Space Force in each perma-
nent grade from first lieutenant through brigadier 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
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Secretary of the Air Force recommends for promotion to 
the grade of captain under section 20238(a)(4)(A) of this 
title all such officers whom the Secretary finds to be fully 
qualified for promotion. 
‘‘(c) SECTION 20404 SELECTION BOARDS.—The Sec-
retary of the Air Force may convene selection boards to rec-
ommend officers for early retirement under section 20404(a) 
of this title or for discharge under section 20404(b) of this 
title. 
‘‘(d) REGULATIONS.—The convening of selection 
boards under subsection (a) shall be under regulations pre-
scribed by the Secretary of the Defense. 
‘‘§ 20212. Composition of selection boards — 
‘‘(a) APPOINTMENT AND COMPOSITION OF BOARDS.— 
‘‘(1) IN GENERAL.—Members of a selection board 
shall be appointed by the Secretary of Air Force in 
accordance with this section. A selection board shall 
consist of five or more officers of the Space Force. 
Each member of a selection board must be serving in 
a grade higher than the grade of the officers under 
consideration by the board, except that no member of 
a board may be serving in a grade below major. The 
members of a selection board shall include at least one 
member serving on sustained duty and at least one 
member in a Space Force active status who is not
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serving on sustained duty. The ratio of the members 
of a selection board serving on sustained duty to 
members serving in a Space Force active status not 
on sustained duty shall, to the extent practicable, 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 rep-
resent the diverse population of the Space Force to the 
extent practicable. 
‘‘(2) REPRESENTATION FROM COMPETITIVE CAT-
EGORIES.—(A) Except as provided in subparagraph 
(B), a selection board shall include at least one officer 
from each competitive category of officers to be consid-
ered by the board. 
‘‘(B) A selection board need not include an offi-
cer from a competitive category when there are no of-
ficers of that competitive category on the Space Force 
officer list in a grade higher than the grade of the of-
ficers 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 member-
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ship 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 con-
sideration by the board and who are retired offi-
cers; 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 Sec-
retary of the Air Force determines that the re-
tired Air Force officer has adequate knowledge 
concerning the standards of performance and 
conduct required of an officer of the Space Force. 
‘‘(4) EXCLUSION
OF
RETIRED
GENERAL
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 respect 
to selection boards convened under section 20211 of 
this title for the consideration of officers in the grade 
of colonel or brigadier general. 
‘‘(c) JOINT QUALIFIED OFFICERS.—(1) Each selection 
board convened under section 20211 of this title that will 
consider an officer described in paragraph (2) shall include 
at least one officer designated by the Chairman of the Joint 
Chiefs of Staff who is a joint qualified officer. 
‘‘(2) Paragraph (1) applies with respect to an officer 
who— 
‘‘(A) is serving on, or has served on, the Joint 
Staff; or 
‘‘(B) is a joint qualified officer.
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‘‘(3) The Secretary of Defense may waive the require-
ment in paragraph (1) for any selection board of the Space 
Force. 
‘‘§ 20213. Notice of convening of selection boards 
‘‘(a) NOTICE TO ELIGIBLE OFFICERS.—At least 30 
days before a selection board is convened under section 
20211 of this title to recommend officers in a grade for pro-
motion to the next higher grade, the Secretary of the Air 
Force shall— 
‘‘(1) notify in writing the officers eligible for 
consideration for promotion of the date on which the 
board is to convene and the name and date of rank 
of the junior officer, and of the senior officer, in the 
promotion zone as of the date of the notification; or 
‘‘(2) issue a general written notice to the Space 
Force regarding the convening of the board which 
shall include the convening date of the board and the 
name and date of rank of the junior officer, and of 
the senior officer, in the promotion zone as of the date 
of the notification. 
‘‘(b) COMMUNICATION FROM OFFICERS.—An officer el-
igible for consideration by a selection board convened under 
section 20211 of this title (other than an officer who has 
been excluded under section 20231(d) of this title from con-
sideration by the board) may send a written communica-
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tion to the board, to arrive not later than 10 calendar days 
before the date on which the board convenes, calling atten-
tion to any matter concerning the officer that the officer 
considers important to the officer’s case. The selection board 
shall give consideration to any timely communication 
under this subsection. 
‘‘(c) NOTICE OF INTENT OF CERTAIN OFFICERS TO 
SERVE ON OR OFF ACTIVE DUTY.—An officer on the Space 
Force officer list in the grade of colonel or brigadier general 
who receives a notice under subsection (a) shall inform the 
Secretary of the officer’s preference to serve either on or off 
active duty if promoted to the grade of brigadier general 
or major general, respectively. 
‘‘§ 20214. Information furnished to selection boards 
‘‘The provisions of section 615 of this title shall apply 
to information furnished to selection boards. 
‘‘§ 20215. Recommendations for promotion by selection 
boards 
‘‘The provisions of section 616 of this title shall apply 
to recommendations for promotion by selection boards. 
‘‘§ 20216. Reports of selection boards 
‘‘The provisions of section 617 of this title shall apply 
to reports of selection boards.
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‘‘§ 20217. Action on reports of selection boards for pro-
motion to brigadier general or major gen-
eral 
‘‘The provisions of section 618 of this title shall apply 
to action on reports of selection boards. 
‘‘SUBCHAPTER III—PROMOTIONS 
‘‘Sec. 
‘‘20231. Eligibility for consideration for promotion: time-in-grade and other re-
quirements. 
‘‘20232. Eligibility for consideration for promotion: designation as joint qualified 
officer required before promotion to brigadier general; exceptions. 
‘‘20233. Opportunities for consideration for promotion. 
‘‘20234. Space Force officer list. 
‘‘20235. Competitive categories. 
‘‘20236. Numbers to be recommended for promotion. 
‘‘20237. Establishment of promotion zones. 
‘‘20238. Promotions: how made; authorized delay of promotions. 
‘‘§ 20231. Eligibility for consideration for promotion: 
time-in-grade and other requirements 
‘‘(a) TIME-IN-GRADE REQUIREMENTS.—(1) An officer 
who is in a Space Force active status on the Space Force 
officer list and holds a permanent appointment in the grade 
of second lieutenant 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 appointment: 
‘‘(A) Eighteen months, in the case of an officer 
holding a permanent appointment in the grade of sec-
ond lieutenant.
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‘‘(B) Two years, in the case of an officer holding 
a permanent appointment in the grade of first lieu-
tenant. 
‘‘(2) Subject to paragraph (5), an officer who is in a 
Space Force active status on the Space Force officer list 
and holds a permanent appointment in a grade above first 
lieutenant may not be considered for selection for promotion 
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: 
‘‘(A) Three years, in the case of an officer hold-
ing a permanent appointment in the grade of cap-
tain, 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 Sec-
retary of the Air Force may prescribe a longer period of 
service in grade for eligibility for promotion, in the case 
of officers to whom paragraph (1) applies, or for eligibility 
for consideration for promotion, in the case of officers to 
whom paragraph (2) applies. 
‘‘(4) When the needs of the service require, the Sec-
retary of the Air Force may prescribe a shorter period of 
service in grade, but not less than two years, for eligibility
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for consideration for promotion, in the case of officers des-
ignated for limited duty to whom paragraph (2) applies. 
‘‘(5) The Secretary of the Air Force may waive para-
graph (2) to the extent necessary to assure that officers de-
scribed in subparagraph (A) of such paragraph have at 
least two opportunities for consideration for promotion to 
the next higher grade as officers below the promotion zone. 
‘‘(6) 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) CONTINUED ELIGIBILITY
FOR CONSIDERATION 
FOR PROMOTION OF OFFICERS WHO HAVE PREVIOUSLY 
FAILED OF SELECTION.—(1) Except as provided in para-
graph (2), an officer who has failed of selection for pro-
motion to the next higher grade remains eligible for consid-
eration for promotion to that grade as long as the officer 
continues on active duty in other than a retired status and 
is not promoted. 
‘‘(2) Paragraph (1) does not apply to an officer on 
active status who is ineligible for consideration for pro-
motion under section 631(c) of this title for the second time. 
‘‘(c) OFFICERS TO BE CONSIDERED BY PROMOTION 
BOARDS.—(1) Each time a selection board is convened
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under section 20211 of this title for consideration of officers 
in a competitive category for promotion to the next higher 
grade, each officer in the promotion zone (except as pro-
vided under paragraph (2)), and each officer above the pro-
motion zone, for the grade and competitive category under 
consideration shall be considered for promotion. 
‘‘(2) The Secretary of the Air Force— 
‘‘(A) may, in accordance with standards and 
procedures prescribed by the Secretary of Defense in 
regulations which shall apply uniformly among the 
military departments, limit the officers to be consid-
ered by a selection board from below the promotion 
zone to those officers who are determined to be excep-
tionally well qualified for promotion; 
‘‘(B) may, by regulation, prescribe a period of 
time, not to exceed one year, from the time an officer 
on the Space Force officer list transfers on or off of 
sustained duty during which the officer shall be ineli-
gible for consideration for promotion; and 
‘‘(C) may, by regulation, preclude from consider-
ation by a selection board by which the officer would 
otherwise be eligible to be considered, an officer who 
has an established separation date that is within 90 
days after the date on which the board is to be con-
vened.
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‘‘(3)(A) The Secretary of Defense may authorize the 
Secretary of the Air Force to preclude from consideration 
by selection boards for promotion to the grade of brigadier 
general, officers in the grade of colonel who— 
‘‘(i) have been considered and not selected for 
promotion to the grade of brigadier general or by at 
least two selection boards; and 
‘‘(ii) are determined, in accordance with stand-
ards and procedures prescribed pursuant to subpara-
graph (B), as not being exceptionally well qualified 
for promotion. 
‘‘(B) If the Secretary of Defense authorizes the Sec-
retary of the Air Force to have the authority described in 
subparagraph (A), the Secretary shall prescribe by regula-
tion the standards and procedures for the exercise of such 
authority. Those regulations shall apply uniformly among 
the military departments and shall include the following 
provisions: 
‘‘(i) A requirement that the Secretary of the Air 
Force may exercise such authority in the case of a 
particular selection board only if the Secretary of De-
fense approves the exercise of that authority for that 
board. 
‘‘(ii) A requirement that an officer may be pre-
cluded from consideration by a selection board under
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this paragraph only upon the recommendation of a 
preselection board of officers convened by the Sec-
retary of the military department concerned and com-
posed of at least three officers all of whom are serving 
in a grade higher than the grade of such officer. 
‘‘(iii) A requirement that such a preselection 
board may not recommend that an officer be pre-
cluded from such consideration unless the Secretary of 
the Air Force has given the officer advance written 
notice of the convening of such board and of the mili-
tary records that will be considered by the board and 
has given the officer a reasonable period before the 
convening of the board in which to submit comments 
to the board. 
‘‘(iv) A requirement that the Secretary of the Air 
Force shall provide general guidance to the board in 
accordance with standards and procedures prescribed 
by the Secretary of Defense in those regulations. 
‘‘(v) A requirement that the preselection board 
may recommend that an officer be precluded from 
consideration by a selection board only on the basis 
of the general guidance provided by the Secretary Air 
Force, information in the officer’s official military 
personnel records that has been described in the notice 
provided the officer as required pursuant to clause
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(iii), and any communication to the board received 
from that officer before the board convenes. 
‘‘(d) CERTAIN OFFICERS NOT TO BE CONSIDERED.— 
A selection board convened under section 20211 of this title 
may not consider for promotion to the next higher grade 
any of the following officers: 
‘‘(1) An officer whose name is on a promotion 
list for that grade as a result of the officer’s selection 
for promotion to that grade by an earlier selection 
board convened under that section. 
‘‘(2) An officer who is recommended for pro-
motion to that grade in the report of an earlier selec-
tion 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 20238(a)(4) of this title. 
‘‘(4) An officer in the grade of captain who is 
not a citizen of the United States. 
‘‘(5) An officer excluded under subsection (e). 
‘‘(e) AUTHORITY TO ALLOW OFFICERS TO OPT OUT 
OF SELECTION BOARD CONSIDERATION.—(1) The Secretary 
of the Air Force may provide that an officer on the Space 
Force officer list may, upon the officer’s request and with
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the approval 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— 
‘‘(A)(i) the basis for the request is to allow an 
officer to complete a broadening assignment, advanced 
education, another assignment of significant value to 
the Department, a career progression requirement de-
layed by the assignment or education; 
‘‘(ii) the Secretary determines the exclusion from 
consideration is in the best interest of the Space 
Force; and 
‘‘(iii) the officer has not previously failed of se-
lection for promotion to the grade for which the officer 
requests the exclusion from consideration; or 
‘‘(B)(i) the officer is serving in a critical skill 
position that cannot be filled by another Space Force 
officer serving in the same grade; 
‘‘(ii) the Secretary determines that it is in the 
best interests of the Space Force for the officer to con-
tinue to serve in their current position and grade; 
and
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‘‘(iii) the officer has not previously opted out of 
a promotion board under this authority. 
‘‘§ 20232. Eligibility for consideration for promotion: 
designation as joint qualified officer re-
quired before promotion to brigadier gen-
eral; exceptions 
‘‘The provisions of section 619a of this title shall apply 
to officers of the Space Force. 
‘‘§ 20233. Opportunities for consideration for pro-
motion 
‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNITIES 
FOR CONSIDERATION FOR PROMOTION.—Under regulations 
prescribed by the Secretary of Defense, the Secretary of the 
Air Force shall specify the number of opportunities for con-
sideration for promotion to be afforded to Space Force offi-
cers 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 
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 oppor-
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tunities for consideration for promotion to a particular 
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 consid-
eration for promotion to be afforded officers of the Space 
Force for promotion to a particular grade. 
‘‘§ 20234. 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 senior-
ity 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 APPOINT-
MENT.—An officer whose position on the Space Force officer 
list results from service under a temporary appointment or 
in a grade held by reason of assignment to a position has, 
when that appointment or assignment ends, the grade and 
position on the Space Force officer list that the officer would 
have held if the officer had not received that appointment 
or assignment.
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‘‘§ 20235. 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 officer list 
shall be carried in a competitive category of officers. Offi-
cers in the same competitive category shall compete 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 category 
for all officers on the Space Force officer list who will be 
considered by a selection board convened under section 
20211 of this title for promotion to the grade of brigadier 
general or major general. 
‘‘§ 20236. Numbers to be recommended for promotion 
‘‘(a) PROMOTION TO GRADES BELOW BRIGADIER GEN-
ERAL.—(1) Before convening a selection board under sec-
tion 20211 of this title to consider officers for recommenda-
tion 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 accom-
plish mission objectives which require officers of that
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competitive category in the grade to which the board 
will recommend officers for promotion; 
‘‘(B) the estimated number of officers needed to 
fill vacancies in those positions during the period in 
which it is anticipated that officers selected for pro-
motion will be promoted; and 
‘‘(C) the number of officers in a Space Force ac-
tive status authorized by the Secretary of the Air 
Force to serve both on sustained duty and not on sus-
tained duty in the grade and competitive category 
under consideration. 
‘‘(2) Based on the determinations under paragraph 
(1), the Secretary of the Air Force shall determine the max-
imum 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 rec-
ommendation for promotion to the grade of brigadier gen-
eral or major general, the Secretary of the Air Force shall 
determine— 
‘‘(A) the number of positions needed to accom-
plish mission objectives which require officers serving 
in a Space Force active status on sustained duty, and 
in a Space Force active status not on sustained duty,
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in the grade to which the board will recommend offi-
cers for promotion; and 
‘‘(B) the estimated number of officers on sus-
tained duty and not on sustained duty needed to fill 
vacancies in those positions over the 24-month period 
beginning on the date on which the selection board 
convenes. 
‘‘(2) Based on the determinations under paragraph 
(1), the Secretary of the Air Force shall determine the max-
imum number of officers serving in a Space Force active 
status on sustained duty, and the maximum number of offi-
cers serving in a Space Force active status not on sustained 
duty, which the selection board may recommend for pro-
motion. 
‘‘§ 20237. Establishment of promotion zones 
‘‘(a) IN GENERAL.—Before convening a selection board 
under section 20211 of this title to consider officers for pro-
motion to any grade above first lieutenant or lieutenant 
(junior grade), the Secretary of the Air Force shall establish 
a promotion zone for officers serving in each grade and 
competitive category to be considered by the board. 
‘‘(b) DETERMINATION OF NUMBER.—The Secretary of 
the Air Force shall determine the number of officers in the 
promotion zone for officers serving in any grade and com-
petitive category from among officers who are eligible for
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promotion in that grade and competitive category. Such de-
termination shall be made on the basis of an estimate of— 
‘‘(1) the number of officers needed in that com-
petitive category in the next higher grade in each of 
the next five years; 
‘‘(2) the number of officers to be serving in that 
competitive category in the next higher grade in each 
of the next five years; 
‘‘(3) in the case of a promotion zone for officers 
to be promoted to a grade to which section 523 of this 
title is applicable, the number of officers authorized 
for such grade under such section to be on active duty 
on the last day of each of the next five fiscal years; 
and 
‘‘(4) the number of officers that should be placed 
in that promotion zone in each of the next five years 
to provide to officers in those years relatively similar 
opportunity for promotion. 
‘‘§ 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 convened 
under section 20211 of this title is approved by the
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President, the Secretary of the Air Force shall place 
the names of all officers approved for promotion with-
in 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. A promotion list is considered to be 
established under this section as of the date of the ap-
proval of the report of the selection board under the 
preceding sentence. 
‘‘(2) ORDER AND TIMING OF PROMOTIONS.—Ex-
cept as provided in subsection (d), officers on a pro-
motion list for a competitive category shall be pro-
moted to the next higher grade when additional offi-
cers in that grade and competitive category are need-
ed. Promotions shall be made in the order in which 
the names of officers appear on the promotion list 
and after officers previously selected for promotion in 
that competitive category have been promoted. Officers 
to be promoted to the grade of first lieutenant shall 
be promoted in accordance with regulations pre-
scribed 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-
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retary of Defense, the promotion of an officer on the 
Space Force officer list to a general officer grade shall 
be delayed if that promotion would cause any 
strength limitation of section 526 of this title to be ex-
ceeded. The delay shall expire when the Secretary of 
the Air Force determines that the delay is no longer 
required to ensure compliance with the strength limi-
tation. 
‘‘(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 approved all-fully-qualified-officers list 
shall be promoted to the grade of captain in accord-
ance 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 subpara-
graph (A) when the list is approved by the President. 
When so approved, such a list shall be treated in the 
same manner as a promotion list under this chapter. 
‘‘(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
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determines that all officers 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 officers on 
the Space Force officers list in a grade who the Sec-
retary of the Air Force determines— 
‘‘(i) are fully qualified for promotion to the 
next higher grade; and 
‘‘(ii) would be eligible for consideration for 
promotion to the next higher grade by a selection 
board convened under section 20211 of this title 
upon the convening of such a board. 
‘‘(E) If the Secretary of the Air Force determines 
that one or more officers or former officers were not 
placed on an all-fully-qualified-list under this para-
graph because of administrative error, the Secretary 
may prepare a supplemental all-fully-qualified-offi-
cers list containing the names of any such officers for 
approval 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 appoint-
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ments under this section in the grade of first lieutenant 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 section, 
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 
‘‘Sec. 
‘‘20241. Persons not considered for promotion and other promotion-related provi-
sions. 
‘‘§ 20241. Persons not considered for promotion and 
other promotion-related provisions 
‘‘Subchapter III of chapter 36 of this title shall apply 
to officers of the Space Force. 
‘‘SUBCHAPTER V—APPLICABILITY OF OTHER 
LAWS 
‘‘Sec. 
‘‘20251. Applicability of certain DOPMA officer personnel policy provisions.
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‘‘§ 20251. 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). 
‘‘(4) Subchapter IV (relating to continuation on 
active duty and selective early retirement). 
‘‘(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).’’. 
(d) TEMPORARY (‘‘BREVET’’) PROMOTIONS FOR OFFI-
CERS 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
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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 inserting 
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.’’. 
SEC. 1817. 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.
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‘‘§ 20301. Original enlistments: qualifications; grade 
‘‘(a) ORIGINAL ENLISTMENTS.— 
‘‘(1) AUTHORITY TO ACCEPT.—The Secretary of 
the Air Force may accept original enlistments in the 
Space Force of qualified, effective, and able-bodied 
persons. 
‘‘(2) AGE.—A person accepted for original enlist-
ment shall be not less than seventeen years of age. 
However, no person under eighteen years of age may 
be originally enlisted without the written consent of 
the person’s parent or guardian, if the person has a 
parent or guardian entitled to the person’s custody 
and control. 
‘‘(b) GRADE.—A person is enlisted in the Space Force 
in the grade prescribed by the Secretary of the Air Force. 
‘‘§ 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 period 
of at least two but not more than eight years in the Space 
Force. 
‘‘(b) TERM OF REENLISTMENTS.—The Secretary of the 
Air Force may accept a reenlistment in the Space Force 
for a period determined in accordance with paragraphs (2), 
(3), and (4) of section 505(d) of this title.
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‘‘§ 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 striking ‘‘and Regular Coast Guard’’ and 
inserting ‘‘Regular Coast Guard, and the Space 
Force’’. 
(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: 
‘‘(e) For enlistments in the Space Force, see sections 
20301 and 20302 of this title.’’. 
(3) 
EXTENSION
OF
ENLISTMENTS
DURING 
WAR.—Section 506 is amended by striking ‘‘Regular’’ 
before ‘‘Space Force’’. 
(4) REENLISTMENT.—Section 508 is amended 
striking ‘‘Regular’’ before ‘‘Space Force’’ both places 
it appears.
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(5) ENLISTMENT INCENTIVES FOR PURSUIT OF 
SKILLS TO FACILITATE NATIONAL SERVICE.—Section 
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), re-
spectively; 
(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 ‘‘subparagraphs 
(A) through (E)’’. 
(6) 
COLLEGE
FIRST
PROGRAM.—Section 
511(b)(1)(A) is amended by inserting ‘‘or as a mem-
ber of the Space Force,’’ after ‘‘reserve component,’’. 
(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
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(B) by inserting ‘‘, or be enlisted as a mem-
ber of the Space Force,’’ after ‘‘Coast Guard Re-
serve’’. 
(8) EFFECT UPON ENLISTED STATUS OF ACCEPT-
ANCE OF APPOINTMENT AS CADET OR MIDSHIPMAN.— 
Section 516(b) is amended by inserting ‘‘or in the 
Space Force,’’ after ‘‘armed force’’. 
SEC. 1818. 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. 
‘‘20404. Selection of officers for early retirement or discharge. 
‘‘20405. Force shaping authority. 
‘‘§ 20401. Applicability of certain provisions of law re-
lated to separation 
‘‘(a) OFFICER SEPARATION.—Except as specified in 
this section or otherwise modified in this chapter, the provi-
sions of chapter 59 of this title applicable to officers of a 
regular component shall apply to officers of the Space 
Force. 
‘‘(b) ENLISTED MEMBER SEPARATION.—Except as 
specified in this section or otherwise modified in this chap-
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ter, the provisions of chapter 59 of this title applicable to 
enlisted members of a regular component shall apply to en-
listed members of the Space Force. 
‘‘(c) SEPARATION
PAY
UPON
INVOLUNTARY
DIS-
CHARGE OR RELEASE FROM ACTIVE DUTY.—The provi-
sions of section 1174 of this title— 
‘‘(1) pertaining to a regular officer shall apply 
to a Space Force officer serving on sustained duty; 
‘‘(2) pertaining to a regular enlisted member 
shall apply to an enlisted member of the Space Force 
serving on sustained duty; and 
‘‘(3) pertaining to other members shall apply to 
members of the Space Force not serving on sustained 
duty. 
‘‘(d) VOLUNTARY SEPARATION INCENTIVE.—The pro-
visions of section 1175 of this title pertaining to a vol-
untary appointment, enlistment, or transfer to a reserve 
component shall apply to the voluntary release from active 
duty of a member of the Space Force on sustained duty. 
‘‘(e) VOLUNTARY SEPARATION PAY AND BENEFITS.— 
The provisions of section 1176 of this title— 
‘‘(1) pertaining to a regular enlisted member 
shall apply to an enlisted member of the Space Force 
serving on sustained duty; and
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‘‘(2) pertaining to a reserve enlisted member 
serving in an active status shall apply to an enlisted 
member of the Space Force serving in a Space Force 
active status or on sustained duty. 
‘‘§ 20402. Enlisted members: standards and qualifica-
tions for retention 
‘‘(a) STANDARDS AND QUALIFICATIONS FOR RETEN-
TION.—Subject to such limitations as the Secretary of De-
fense may prescribe, the Secretary of the Air Force shall, 
by regulation, prescribe— 
‘‘(1) standards and qualifications for the reten-
tion of enlisted members of the Space Force; and 
‘‘(2) equitable procedures for the periodic deter-
mination of the compliance of each such member with 
those standards and qualifications. 
‘‘(b) EFFECT OF FAILURE TO COMPLY WITH STAND-
ARDS AND QUALIFICATIONS.—If an enlisted member serving 
in Space Force active status fails to comply with the stand-
ards and qualifications prescribed under subsection (a), the 
member shall— 
‘‘(1) if qualified, be transferred to Space Force 
inactive status; 
‘‘(2) if qualified, be retired in accordance with 
section 20603 of this title; or 
‘‘(3) have the member’s enlistment terminated.
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‘‘§ 20403. Officers: standards and qualifications for 
retention 
‘‘(a) STANDARDS AND QUALIFICATIONS.—To be re-
tained in an active status, a Space Force officer must— 
‘‘(1) in any applicable yearly period, attain the 
number of points specified under section 12732(a)(2) 
of this title; and 
‘‘(2) conform to such other standards and quali-
fications as the Secretary may prescribe for officers of 
the Space Force. 
‘‘(b) RESULT
OF FAILURE TO COMPLY.—A Space 
Force officer who fails to attain the number of points pre-
scribed under subsection (a)(1), or to conform to the stand-
ards and qualifications prescribed under subsection (a)(2), 
may be referred to a board convened under section 20501(a) 
of this title. 
‘‘§ 20404. Selection of officers for early retirement or 
discharge 
‘‘(a) CONSIDERATION FOR EARLY RETIREMENT.—The 
Secretary of the Air Force may convene selection boards 
under section 20211(b) of this title to consider for early re-
tirement officers on the Space Force officer list as follows: 
‘‘(1) Officers in the grade of lieutenant colonel 
who have failed of selection for promotion at least one 
time and whose names are not on a list of officers rec-
ommended for promotion.
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‘‘(2) Officers in the grade of colonel who have 
served in that grade for at least two years and whose 
names are not on a list of officers recommended for 
promotion. 
‘‘(3) Officers, other than those described in para-
graphs (1) and (2), holding a grade below the grade 
of colonel— 
‘‘(A) who are eligible for retirement under 
section 20601 of this title or who after two addi-
tional years or less of active service would be eli-
gible for retirement under that section; and 
‘‘(B) whose names are not on a list of offi-
cers recommended for promotion. 
‘‘(b) CONSIDERATION FOR DISCHARGE.— 
‘‘(1) Subject to such limitations as the Secretary 
of Defense may prescribe, the Secretary of the Air 
Force may convene selection boards under section 
20211 of this title to consider for discharge officers on 
the Space Force officer list— 
‘‘(A) who have served at least one year of 
active status in the grade currently held; 
‘‘(B) whose names are not on a list of offi-
cers recommended for promotion; and 
‘‘(C) who are not eligible to be retired under 
any provision of law (other than by reason of
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eligibility pursuant to section 4403 of the Na-
tional Defense Authorization Act for Fiscal Year 
1993 (Public Law 102–484)) and are not within 
two years of becoming so eligible. 
‘‘(2) An officer who is recommended for dis-
charge by a selection board convened pursuant to the 
authority of paragraph (1) and whose discharge is 
approved by the Secretary of the Air Force shall be 
discharged on a date specified by the Secretary. 
‘‘(3) Selection of officers for discharge under 
paragraph (1) shall be based on the needs of the serv-
ice. 
‘‘(c) DISCHARGES AND RETIREMENTS CONSIDERED TO 
BE INVOLUNTARY.—The discharge or retirement of an offi-
cer pursuant to this section shall be considered to be invol-
untary for purposes of any other provision of law. 
‘‘§ 20405. Force shaping authority 
‘‘(a) AUTHORITY.—The Secretary of the Air Force 
may, solely for the purpose of restructuring the Space 
Force— 
‘‘(1) discharge an officer described in subsection 
(b); or 
‘‘(2) involuntarily release such an officer from 
sustained duty.
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‘‘(b) COVERED OFFICERS.—(1) The authority under 
this section may be exercised in the case of an officer of 
the Space Force serving on sustained duty who— 
‘‘(A) has completed not more than six years of 
service as a commissioned officer in the armed forces; 
or 
‘‘(B) has completed more than six years of serv-
ice as a commissioned officer in the armed forces, but 
has not completed the minimum service obligation ap-
plicable to that officer. 
‘‘(2) In this subsection, the term ‘minimum service ob-
ligation’, with respect to a member of the Space Force, 
means the initial period of required active duty service ap-
plicable to the member, together with any additional period 
of required active duty service incurred by that member 
during the member’s initial period of required active duty 
service. 
‘‘(c) REGULATIONS.—The Secretary of the Air Force 
shall prescribe regulations for the exercise of the Secretary’s 
authority under this section.’’. 
(b) CONFORMING AMENDMENTS.—Section 647 of title 
10, United States Code, is amended— 
(1) in subsection (b)(1), by inserting ‘‘(other 
than an officer of the Space Force)’’ after ‘‘in the case 
of an officer’’;
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(2) in subsection (c), by striking ‘‘Regular Ma-
rine Corps, of Regular Space Force’’ and inserting 
‘‘or Regular Marine Corps’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) SPACE FORCE.—For a similar provision with re-
spect to officers of the Space Force, see section 20405 of this 
title.’’. 
SEC. 1819. SEPARATION OF OFFICERS FOR SUBSTANDARD 
PERFORMANCE OF DUTY OR FOR CERTAIN 
OTHER REASONS. 
Subtitle F of title 10, United States Code, as amended 
by section 1718, is further amended by adding at the end 
the following new chapter: 
‘‘CHAPTER 2011—SEPARATION OF OFFI-
CERS FOR SUBSTANDARD PERFORM-
ANCE OF DUTY OR FOR CERTAIN 
OTHER REASONS 
‘‘Sec. 
‘‘20501. Authority to establish procedures to consider the separation of officers for 
substandard performance of duty and for certain other reasons. 
‘‘20502. Retention boards. 
‘‘20503. Removal of officer: action by secretary upon recommendation of retention 
board. 
‘‘20504. Rights and procedures. 
‘‘20505. Officer considered for removal: voluntary retirement or discharge. 
‘‘20506. Officers eligible to serve on retention boards.
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‘‘§ 20501. Authority to establish procedures to consider 
the separation of officers for substandard 
performance of duty and for certain other 
reasons 
‘‘(a) PROCEDURES FOR REVIEW OF RECORD OF OFFI-
CERS RELATING
TO STANDARDS
OF PERFORMANCE
OF 
DUTY.—(1) The Secretary of the Air Force shall prescribe, 
by regulation, procedures for the review at any time of the 
record of any commissioned officer (other than a retired of-
ficer) of the Space Force in a Space Force active status 
to determine whether the officer shall be required, because 
of a reason stated in paragraph (2), to show cause for the 
officer’s retention in a Space Force active status. 
‘‘(2) The reasons referred to in paragraph (1) are the 
following: 
‘‘(A) The officer’s performance of duty has fallen 
below standards prescribed by the Secretary of De-
fense. 
‘‘(B) The officer has failed to satisfy the stand-
ards and qualifications established under section 
20403 of this title by the Secretary of the Air Force. 
‘‘(b) PROCEDURES FOR REVIEW OF RECORD OF OFFI-
CERS RELATING TO CERTAIN OTHER REASONS.—(1) The 
Secretary of the Air Force shall prescribe, by regulation, 
procedures for the review at any time of the record of any 
commissioned officer (other than a retired officer) of the
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Space Force in a Space Force active status to determine 
whether the officer should be required, because of a reason 
stated in paragraph (2), to show cause for the officer’s reten-
tion in a Space Force active status. 
‘‘(2) The reasons referred to in paragraph (1) are the 
following: 
‘‘(A) Misconduct. 
‘‘(B) Moral or professional dereliction. 
‘‘(C) The officer’s retention is not clearly con-
sistent with the interests of national security. 
‘‘(c) SECRETARY OF DEFENSE LIMITATIONS.—Regula-
tions prescribed by the Secretary of the Air Force under 
this section are subject to such limitations as the Secretary 
of Defense may prescribe. 
‘‘§ 20502. Retention boards 
‘‘(a) CONVENING OF BOARDS TO CONSIDER OFFICERS 
REQUIRED TO SHOW CAUSE.—The Secretary of the Air 
Force shall convene retention boards at such times and 
places as the Secretary may prescribe to receive evidence 
and make findings and recommendations as to whether an 
officer who is required under section 20501 of this title to 
show cause for retention in a Space Force active status 
should be retained in a Space Force active status. Each re-
tention board shall be composed of not less than three offi-
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cers having the qualifications prescribed by section 20506 
of this title. 
‘‘(b) FAIR
AND IMPARTIAL HEARING.—A retention 
board shall give a fair and impartial hearing to each officer 
required under section 20501 of this title to show cause for 
retention in a Space Force active status. 
‘‘(c) EFFECT OF BOARD DETERMINATION THAT AN 
OFFICER HAS FAILED TO ESTABLISH THAT THE OFFICER 
SHOULD BE RETAINED.—(1) If a retention board deter-
mines that the officer has failed to establish that the officer 
should be retained in a Space Force active status, the board 
shall recommend to the Secretary of the Air Force one of 
the following: 
‘‘(A) That the officer be transferred to an inac-
tive status. 
‘‘(B) That the officer, if qualified under any pro-
vision of law, be retired. 
‘‘(C) That the officer be discharged from the 
Space Force. 
‘‘(2) Under regulations prescribed by the Secretary of 
the Air Force, an officer as to whom a retention board 
makes a recommendation under paragraph (1) that the offi-
cer not be retained in a Space Force active status may be 
required to take leave pending the completion of the officer’s 
case under this chapter. The officer may be required to begin
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such leave at any time following the officer’s receipt of the 
report of the retention board, including the board’s rec-
ommendation for removal from a Space Force active status, 
and the expiration of any period allowed for submission 
by the officer of a rebuttal to that report. The leave may 
be continued until the date on which action by the Secretary 
of the Air Force on the officer’s case is completed or may 
be terminated at any earlier time. 
‘‘(d) EFFECT OF BOARD DETERMINATION THAT AN 
OFFICER HAS ESTABLISHED THAT THE OFFICER SHOULD 
BE RETAINED.—(1) If a retention board determines that 
the officer has established that the officer should be retained 
in a Space Force active status, the officer’s case is closed. 
‘‘(2) An officer who is required to show cause for reten-
tion in a Space Force active status under subsection (a) 
of section 20501 of this title and who is determined under 
paragraph (1) to have established that the officer should be 
retained in a Space Force active status may not again be 
required to show cause for retention in a Space Force active 
status under such subsection within the one-year period be-
ginning on the date of that determination. 
‘‘(3)(A) Subject to subparagraph (B), an officer who 
is required to show cause for retention in a Space Force 
active status under subsection (b) of section 20501 of this 
title and who is determined under paragraph (1) to have
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established that the officer should be retained in a Space 
Force active status may again be required to show cause 
for retention at any time. 
‘‘(B) An officer who has been required to show cause 
for retention in a Space Force active status under sub-
section (b) of section 20501 of this title and who is thereafter 
retained in an active status may not again be required to 
show cause for retention in a Space Force active status 
under such subsection solely because of conduct which was 
the subject of the previous proceedings, unless the findings 
or recommendations of the retention board that considered 
the officer’s previous case are determined to have been ob-
tained by fraud or collusion. 
‘‘(4) In the case of an officer described in paragraph 
(2) or paragraph (3)(A), the retention board may rec-
ommend that the officer be required to complete additional 
training, professional education, or such other develop-
mental programs as may be available to correct any identi-
fied deficiencies and improve the officer’s performance with-
in the Space Force. 
‘‘§ 20503. Removal of officer: action by Secretary upon 
recommendation of retention board 
‘‘The Secretary of the Air Force may remove an officer 
from Space Force active status if the removal of such officer
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from Space Force active status is recommended by a reten-
tion board convened under section 20502 of this title. 
‘‘§ 20504. Rights and procedures 
‘‘(a) IN GENERAL.—Under regulations prescribed by 
the Secretary of the Air Force, each officer required under 
section 20501 of this title to show cause for retention in 
a Space Force active status— 
‘‘(1) shall be notified in writing, at least 30 days 
before the hearing of the officer’s case by a retention 
board, of the reasons for which the officer is being re-
quired to show cause for retention in a Space Force 
active status; 
‘‘(2) shall be allowed a reasonable time, as deter-
mined by the board, to prepare the officer’s showing 
of cause for retention in a Space Force active status; 
‘‘(3) shall be allowed to appear either in person 
or through electronic means and to be represented by 
counsel at proceedings before the board; and 
‘‘(4) shall be allowed full access to, and shall be 
furnished copies of, records relevant to the officer’s 
case, except that the board shall withhold any record 
that the Secretary determines should be withheld in 
the interest of national security. 
‘‘(b) SUMMARY OF RECORDS WITHHELD IN INTEREST 
OF NATIONAL SECURITY.—When a record is withheld under
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subsection (a)(4), the officer whose case is under consider-
ation shall, to the extent that the interest of national secu-
rity permits, be furnished a summary of the record so with-
held. 
‘‘§ 20505. Officer considered for removal: voluntary re-
tirement or discharge 
‘‘(a) IN GENERAL.—At any time during proceedings 
under this chapter with respect to the removal of an officer 
from a Space Force active status, the Secretary of the Air 
Force may grant a request by the officer— 
‘‘(1) for voluntary retirement, if the officer is 
qualified for retirement; or 
‘‘(2) for discharge in accordance with subsection 
(b)(2). 
‘‘(b) RETIREMENT
OR DISCHARGE.—An officer re-
moved from a Space Force active status under section 20503 
of this title shall— 
‘‘(1) if eligible for voluntary retirement under 
any provision of law on the date of such removal, be 
retired in the grade and with the retired pay for 
which the officer would be eligible if retired under 
such provision; and 
‘‘(2) if ineligible for voluntary retirement under 
any provision of law on the date of such removal—
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‘‘(A) be honorably discharged in the grade 
then held, in the case of an officer whose case 
was brought under subsection (a) of section 
20501 of this title; or 
‘‘(B) be discharged in the grade then held, 
in the case of an officer whose case was brought 
under subsection (b) of section 20501 of this title. 
‘‘(c) SEPARATION PAY FOR DISCHARGED OFFICER.— 
An officer who is discharged under subsection (b)(2) is enti-
tled, if eligible therefor, to separation pay under section 
1174(a)(2) of this title. 
‘‘§ 20506. Officers eligible to serve on retention boards 
‘‘(a) IN GENERAL.—The provisions of section 1187 of 
this title apply to the membership of boards convened under 
this chapter in the same manner as to the membership of 
boards convened under chapter 60 of this title. 
‘‘(b) RETIRED AIR FORCE OFFICERS.— 
‘‘(1) AUTHORITY.—In applying subsection (b) of 
section 1187 of this title to a board convened under 
this chapter, the Secretary of the Air Force may ap-
point retired officers of the Air Force, in addition to 
retired officers of the Space Force, to complete the 
membership of the board. 
‘‘(2) LIMITATION.—A retired officer of the Air 
Force may be appointed to a board under paragraph