Text of US HB 5009 (2024)
Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
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As introduced
6,313 characters
I
118TH CONGRESS
1ST SESSION H. R. 5009
To reauthorize wildlife habitat and conservation programs, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2023
Mr. JOYCE of Ohio (for himself, Mrs. DINGELL, Mrs. GONZA´LEZ-COLO´N, Mr.
COSTA, Mr. CARTER of Georgia, Mr. THOMPSON of California, and Mr.
GARBARINO) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
A BILL
To reauthorize wildlife habitat and conservation programs,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Wildlife Innovation
4
and Longevity Driver reauthorization Act’’ or the ‘‘WILD
5
Act’’.
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•HR 5009 IH
SEC. 2. PARTNERS FOR FISH AND WILDLIFE ACT.
1
Section 5 of the Partners for Fish and Wildlife Act
2
(16 U.S.C. 3774) is amended by striking ‘‘2019 through
3
2023’’ and inserting ‘‘2024 through 2028’’.
4
SEC. 3. AFRICAN ELEPHANT CONSERVATION ACT.
5
(a) PROVISION OF ASSISTANCE.—Section 2101 of the
6
African Elephant Conservation Act (16 U.S.C. 4211) is
7
amended by adding at the end the following:
8
‘‘(g) MULTIYEAR GRANTS.—
9
‘‘(1) AUTHORIZATION.—The Secretary may
10
award to a person who is otherwise eligible for a
11
grant under this section a multiyear grant of up to
12
5 years to carry out a project that the person dem-
13
onstrates is an effective, long-term conservation
14
strategy for African elephants and the habitat of Af-
15
rican elephants.
16
‘‘(2) EFFECT.—Nothing in this subsection pre-
17
cludes the Secretary from awarding a grant on an
18
annual basis.’’.
19
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
20
2306(a) of the African Elephant Conservation Act (16
21
U.S.C. 4245(a)) is amended by striking ‘‘2019 through
22
2023’’ and inserting ‘‘2024 through 2028’’.
23
SEC. 4. ASIAN ELEPHANT CONSERVATION ACT OF 1997.
24
(a) ASIAN
ELEPHANT
CONSERVATION
ASSIST-
25
ANCE.—Section 5 of the Asian Elephant Conservation Act
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•HR 5009 IH
of 1997 (16 U.S.C. 4264) is amended by adding at the
1
end the following:
2
‘‘(i) MULTIYEAR GRANTS.—
3
‘‘(1) AUTHORIZATION.—The Secretary may
4
award to a person who is otherwise eligible for a
5
grant under this section a multiyear grant of up to
6
5 years to carry out a project that the person dem-
7
onstrates is an effective, long-term conservation
8
strategy for Asian elephants and the habitat of
9
Asian elephants.
10
‘‘(2) EFFECT.—Nothing in this subsection pre-
11
cludes the Secretary from awarding a grant on an
12
annual basis.’’.
13
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
14
8(a) of the Asian Elephant Conservation Act of 1997 (16
15
U.S.C. 4266(a)) is amended by striking ‘‘2019 through
16
2023’’ and inserting ‘‘2024 through 2028’’.
17
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ACT OF
18
1994.
19
(a) RHINOCEROS AND TIGER CONSERVATION ASSIST-
20
ANCE.—Section 5 of the Rhinoceros and Tiger Conserva-
21
tion Act of 1994 (16 U.S.C. 5304) is amended by adding
22
at the end the following:
23
‘‘(g) MULTIYEAR GRANTS.—
24
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•HR 5009 IH
‘‘(1) AUTHORIZATION.—The Secretary may
1
award to a person who is otherwise eligible for a
2
grant under this section a multiyear grant of up to
3
5 years to carry out a project that the person dem-
4
onstrates is an effective, long-term conservation
5
strategy for rhinoceroses or tigers and the habitat of
6
rhinoceroses or tigers.
7
‘‘(2) EFFECT.—Nothing in this subsection pre-
8
cludes the Secretary from awarding a grant on an
9
annual basis.’’.
10
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
11
10(a) of the Rhinoceros and Tiger Conservation Act of
12
1994 (16 U.S.C. 5306(a)) is amended by striking ‘‘2019
13
through 2023’’ and inserting ‘‘2024 through 2028’’.
14
SEC. 6. GREAT APE CONSERVATION ACT OF 2000.
15
(a) MULTIYEAR GRANTS.—Section 4(j)(1) of the
16
Great Ape Conservation Act of 2000 (16 U.S.C.
17
6303(j)(1)) is amended by inserting ‘‘of up to 5 years’’
18
after ‘‘multiyear grant’’.
19
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
20
6 of the Great Ape Conservation Act of 2000 (16 U.S.C.
21
6305) is amended by striking ‘‘2019 through 2023’’ and
22
inserting ‘‘2024 through 2028’’.
23
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•HR 5009 IH
SEC. 7. MARINE TURTLE CONSERVATION ACT OF 2004.
1
(a) MULTIYEAR GRANTS.—Section 4 of the Marine
2
Turtle Conservation Act of 2004 (16 U.S.C. 6603) is
3
amended by adding at the end the following:
4
‘‘(h) MULTIYEAR GRANTS.—
5
‘‘(1) AUTHORIZATION.—The Secretary may
6
award to a person who is otherwise eligible for a
7
grant under this section a multiyear grant of up to
8
5 years to carry out a project that the person dem-
9
onstrates is an effective, long-term conservation
10
strategy for marine turtles, freshwater turtles, or
11
tortoises and the habitat of marine turtles, fresh-
12
water turtles, or tortoises.
13
‘‘(2) EFFECT.—Nothing in this subsection pre-
14
cludes the Secretary from awarding a grant on an
15
annual basis.’’.
16
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
17
7(a) of the Marine Turtle Conservation Act of 2004 (16
18
U.S.C. 6606(a)) is amended by striking ‘‘2019 through
19
2023’’ and inserting ‘‘2024 through 2028’’.
20
Æ
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As enrolled or final
2,409,210 characters · the first 1,460,444 are shown
H. R. 5009
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
To authorize appropriations for fiscal year 2025 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) IN GENERAL.—This Act may be cited as the ‘‘Servicemember
Quality of Life Improvement and National Defense Authorization
Act for Fiscal Year 2025’’.
(b) REFERENCE.—Any reference in this or any other Act to
the ‘‘National Defense Authorization Act for Fiscal Year 2025’’ shall
be deemed to be a reference to the ‘‘Servicemember Quality of
Life Improvement and National Defense Authorization Act for Fiscal
Year 2025’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into 7 divisions as follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—Other Matters.
(6) Division F—Intelligence Authorization Act for Fiscal
Year 2025.
(7) Division G—Department of State Authorization Act for
Fiscal Year 2025.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Joint explanatory statement.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Centralized Security Monitoring Program for facilities of the Army.
Sec. 112. Pilot program on the use of robotic targets to enhance the lethality of the
reserve components of the Army.
H. R. 5009—2
Sec. 113. Plan for additional kinetic effectors for low, slow, small unmanned air-
craft integrated defeat system of the Army.
Sec. 114. Report on procurement of energetic materials from sources outside of the
United States.
Subtitle C—Navy Programs
Sec. 121. Modifications to procurement authorities for certain amphibious ship-
building programs.
Sec. 122. Modification of requirement to incorporate advanced degaussing systems
into Arleigh Burke class destroyers.
Sec. 123. Extension of prohibition on availability of funds for Navy port waterborne
security barriers.
Sec. 124. Modification of annual report on cost targets for certain aircraft carriers.
Sec. 125. Designation of official responsible for autonomous surface and underwater
dual-modality vehicles.
Sec. 126. Multiyear procurement authority for CH–53K aircraft and T408 engines.
Sec. 127. Recapitalization of tactical fighter aircraft of the Navy Reserve.
Sec. 128. Limitation on the construction of the Landing Ship Medium.
Sec. 129. Limitation on availability of funds for Constellation-class frigate program
pending certification on basic and functional design.
Sec. 130. Limitation on structural improvements and electrical power upgrades for
AH–1Z and UH–1Y helicopters.
Sec. 131. Annual report on surface ship suppliers.
Subtitle D—Air Force Programs
Sec. 141. Extension of limitations and minimum inventory requirement relating to
RQ–4 aircraft.
Sec. 142. Annual report on Air Force tactical fighter aircraft force structure.
Sec. 143. Modifications to inventory requirements for certain aircraft.
Sec. 144. Extension of prohibition on certain reductions to inventory of E–3 air-
borne warning and control system aircraft.
Sec. 145. Extension of requirements relating to C–130 aircraft.
Sec. 146. Management of temporary relocation of B–1 bomber aircraft and per-
sonnel.
Sec. 147. Consolidation of authorities relating to Air Force landing gear.
Sec. 148. Recapitalization of air refueling tanker aircraft of the reserve components
of the Air Force.
Sec. 149. Prohibition on reduction of KC–135 aircraft in PMAI of the reserve com-
ponents.
Sec. 150. Prohibition on retirement of F–15E aircraft and requirement to conduct
fighter aircraft capabilities and requirements study.
Sec. 151. Notification of delays in delivery of MH–139 aircraft.
Sec. 152. Plan and requirements for fielding air base air defense sites at Air Force
installations.
Sec. 153. Plan for establishment and maintenance of F–16 simulators at Air Na-
tional Guard training centers.
Sec. 154. Plan for sustainment and recapitalization of Air National Guard fighter
fleet.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Modification to Air Force and Navy use of commercial dual-use parts in
certain aircraft and engines.
Sec. 162. Measures to increase supply chain resiliency for small unmanned aerial
systems.
Sec. 163. Policy on qualifications of contractors for into-plane fuel deliveries for
heavy-lift aircraft.
Sec. 164. Prohibition on operation, procurement, and contracting related to foreign-
made light detection and ranging technology.
Sec. 165. Limitation on procurement of F–35 aircraft pending certification on im-
provements and correction of deficiencies.
Sec. 166. Assessments of inventory requirements for air-to-air missiles.
Sec. 167. Plan for signals intelligence capabilities of armed overwatch aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of certain requirements relating to the Joint Energetics
Transition Office.
H. R. 5009—3
Sec. 212. Modification to annual report on unfunded priorities of the Under Sec-
retary of Defense for Research and Engineering.
Sec. 213. Modification to defense laboratory education partnerships.
Sec. 214. Extension of Global Research Watch Program.
Sec. 215. Expansion of authority for technology protection features activities.
Sec. 216. Modification to personnel management authority to attract experts in
science, engineering, and certain other disciplines.
Sec. 217. Codification of the Laboratory Quality Enhancement Program.
Sec. 218. Modification to consortium on use of additive manufacturing for defense
capability development.
Sec. 219. Modification to continuous capability development and delivery program
for F–35 aircraft.
Sec. 220. Modifications to test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 221. Improvements relating to defining, identifying, and planning the artificial
intelligence workforce of the Department of Defense.
Sec. 222. Modification to artificial intelligence education strategy.
Sec. 223. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial
vehicle.
Sec. 224. Modification to innovators information repository in the Department of
Defense.
Sec. 225. Duties of Chief Digital and Artificial Intelligence Officer Governing Coun-
cil relating to artificial intelligence models and advanced artificial intel-
ligence technologies.
Sec. 226. Ensuring compliance with Department of Defense policy when awarding
research grants.
Sec. 227. Extension and modification of Directed Energy Working Group.
Sec. 228. National Defense Economic Competition Research Council.
Sec. 229. Agility Prime Transition Working Group.
Sec. 230. Authority for temporary assignment of employees of the Office of Stra-
tegic Capital to certain private-sector organizations.
Sec. 231. Quantum benchmarking initiative.
Sec. 232. Expansion of participation in the Digital On-Demand Program.
Sec. 233. Management and utilization of digital data to enhance maintenance ac-
tivities.
Sec. 234. Electromagnetic spectrum demonstration program.
Sec. 235. Competitive demonstration of automated target recognition algorithms.
Sec. 236. Pilot program on development of near-term use cases and demonstration
of artificial intelligence toward biotechnology applications for national
security.
Sec. 237. Pilot program on use of artificial intelligence for certain workflow and op-
erations tasks.
Sec. 238. Limitation on availability of funds for fundamental research collaboration
with certain academic institutions.
Subtitle C—Plans, Reports, and Other Matters
Sec. 241. Incorporating human readiness levels into research, development, test,
and evaluation activities.
Sec. 242. Biotechnology roadmap.
Sec. 243. Plan to advance interests of Department of Defense in matters relating
to electromagnetic spectrum in international fora.
Sec. 244. Strategic plan for quantum information science technologies within the
Department of Defense.
Sec. 245. Defense Science Board study on long-term operations and availability of
Kwajalein Atoll as a Major Range and Test Facility Base.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Modification of definition of antenna structure project under Military
Aviation and Installation Assurance Clearinghouse for review of mission
obstructions.
Sec. 312. Extension of period for cooperative agreements under Native American
lands environmental mitigation program.
Sec. 313. Extension of requirement to establish a schedule of black start exercises
to assess the energy resilience and energy security of military installa-
tions.
Sec. 314. Change in timeframe for report on ability of Department of Defense to
meet requirements for energy resilience and energy security measures
on military installations.
H. R. 5009—4
Sec. 315. Repeal of limitation on procurement of drop-in fuels; annual report.
Sec. 316. Extension of prohibition on required disclosure.
Sec. 317. Increase of transfer authority for funding of study and assessment on
health implications of per- and polyfluoroalkyl substances contamination
in drinking water by Agency for Toxic Substances and Disease Registry.
Sec. 318. Initiative to control and combat the spread of coconut rhinoceros beetle
in Hawaii.
Sec. 319. Prohibition on implementation of regulation relating to minimizing risk
of climate change.
Sec. 320. Implementation of Inspector General recommendations relating to over-
sight of defense fuel support points.
Sec. 321. Provision by Secretary of the Air Force of meteorological data for Air
Force and Army.
Subtitle C—Logistics and Sustainment
Sec. 331. Joint Safety Council report and briefing requirements.
Sec. 332. Modifications to Comptroller General annual reviews of F–35 sustainment
efforts.
Sec. 333. Plans regarding condition and maintenance of prepositioned stockpiles of
Navy, Marine Corps, and Air Force.
Sec. 334. Warehouse utilization organization alignment.
Sec. 335. Authority for Government-owned, Government-operated facilities to ac-
cess production base support funds.
Sec. 336. Pre-positioned stocks of finished defense textile articles.
Subtitle D—Reports
Sec. 341. Modification of readiness reports to include total number of combat readi-
ness upgrades or downgrades.
Sec. 342. Extension and expansion of incident reporting requirements for Depart-
ment of Defense.
Sec. 343. Annual briefing on operational readiness of 53rd Weather Reconnaissance
Squadron prior to commencement of official hurricane season.
Subtitle E—Other Matters
Sec. 351. Extension of authority for Secretary of Defense to use Department of De-
fense reimbursement rate for transportation services provided to certain
non-Department of Defense entities.
Sec. 352. Improvements to FireGuard Program of National Guard.
Sec. 353. Counter unmanned aerial system threat library.
Sec. 354. Limitation on availability of funds for travel expenses of Office of Sec-
retary of Defense until submission of certain documents.
Sec. 355. Anti-lock brake system and electronic stability control kit for certain
Army vehicles.
Sec. 356. Program for advanced manufacturing in the Indo-Pacific region.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Annual end strength authorization for the Space Force.
Sec. 403. Temporary exclusion of mental health care providers from authorized
strengths of certain officers on active duty.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty
for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle D—Reports
Sec. 431. Annual defense manpower profile report: expansion of justifications for
end strengths.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Policy
Sec. 501. Redistribution of general officers of the Marine Corps on active duty.
H. R. 5009—5
Sec. 502. Authority to exclude additional positions from limitations on the number
of general officers and flag officers on active duty.
Sec. 503. Eligibility for consideration for promotion: time-in-grade and other re-
quirements.
Sec. 504. Temporary authority to increase the number of nurse officers rec-
ommended for promotion.
Sec. 505. Talent management and personnel retention for members of the Armed
Forces.
Sec. 506. Consideration of merit by special selection review boards.
Sec. 507. Effect of failure of selection for promotion: captains and majors of the
Army, Air Force, Marine Corps, and Space Force and lieutenants and
lieutenant commanders of the Navy.
Sec. 508. Modification of authority to separate officers when in the best interest of
the service.
Sec. 509. Remote appearance before a board of inquiry.
Sec. 509A. Marine Corps Deputy Commandants.
Sec. 509B. Improvements relating to Medical Officer of the Marine Corps position.
Sec. 509C. Vice Chief of Space Operations; vacancy in position of Chief of Space
Operations.
Sec. 509D. Repeal of active duty service requirement for warrant officer appoint-
ments in Air Force and Space Force.
Sec. 509E. Removal of officers from a list of Space Force officers recommended for
promotion.
Sec. 509F. Pilot program on peer and subordinate assessments of certain officers.
Subtitle B—Reserve Component Management
Sec. 511. Authority to extend military technicians until age 62.
Sec. 512. Extension of time period for transfer or discharge of certain Army and Air
Force reserve component general officers.
Sec. 513. Expanded authority to continue reserve component officers in certain
military specialties on the reserve active-status list.
Sec. 514. Transfer to the Space Force of covered space functions of the Air National
Guard of the United States.
Sec. 515. Notice to Congress regarding reapportionment of National Guard force
structure.
Subtitle C—General Service Authorities, Decorations and Awards, and Military
Records
Sec. 521. Technical and conforming amendments relating to members of the Space
Force.
Sec. 522. Modified authority to provide protection to senior leaders of the Depart-
ment of Defense and other specified persons.
Sec. 523. Improving military administrative review.
Sec. 524. Determination of active duty service commitment for recipients of fellow-
ships, grants, and scholarships.
Sec. 525. Authority to designate certain separated members of the Air Force as
honorary separated members of the Space Force.
Sec. 526. Authorizations for certain awards.
Sec. 527. Posthumous advancement of General John D. Lavelle, United States Air
Force, on the retired list.
Subtitle D—Recruitment
Sec. 531. Expansion of report on future servicemember preparatory course.
Sec. 532. Promoting military, national, and public service.
Sec. 533. Military recruiter physical access to campuses.
Sec. 534. Military Entrance Processing Command: acceleration of review of medical
records.
Sec. 535. Medical Accession Records Pilot program: notice of termination.
Sec. 536. Provision of information regarding Federal service to certain persons in-
eligible to enlist in certain Armed Forces.
Sec. 537. Reimbursement of applicants to certain Armed Forces for certain medical
costs incurred during military entrance processing.
Sec. 538. Authority to modernize recruitment for the Army.
Sec. 539. Program of military recruitment and education at the National Sep-
tember 11 Memorial and Museum.
Sec. 539A. Maritime workforce promotion and recruitment.
Subtitle E—Training
Sec. 541. Improvements to financial literacy training.
Sec. 542. Extension of JROTC programs to the Job Corps.
H. R. 5009—6
Sec. 543. Minimum number of participating students required to establish or main-
tain a unit of JROTC.
Sec. 544. JROTC waiting list.
Sec. 545. Number of Junior Reserve Officers’ Training Corps units.
Sec. 546. Required constitutional law training.
Sec. 547. Prohibition on Federal funds for the Department of Defense Countering
Extremism Work Group.
Subtitle F—Member Education
Sec. 551. Expansion of international engagement authorities for Service Academies.
Sec. 552. Modification of authority to engage in funded and unfunded law edu-
cation programs.
Sec. 553. Additional admissions authority for the Uniformed Services University of
the Health Sciences.
Sec. 554. Professional military education: technical correction to definitions.
Sec. 555. Distance education option for professional military education.
Sec. 556. Authority to accept gifts of services for professional military education in-
stitutions.
Sec. 557. Alternative service obligation for a cadet or midshipman who becomes a
professional athlete.
Sec. 558. Service Academies: Boards of Visitors.
Sec. 559. Modernizing Marine Corps Platoon Leaders Class college tuition assist-
ance program to account for inflation.
Sec. 559A. Information on nominations and applications for military service acad-
emies.
Sec. 559B. Ensuring access to certain higher education benefits.
Sec. 559C. Service Academies: referral of applicants to the senior military colleges
and units of the Senior Reserve Officer Training Corps.
Sec. 559D. Pilot program to provide graduate education opportunities for enlisted
members of the Army and Navy.
Sec. 559E. Prohibition on use of Federal funds to endorse critical race theory.
Subtitle G—Military Justice and Other Legal Matters
Sec. 561. Clarifying amendment to Article 2 of the Uniform Code of Military Jus-
tice.
Sec. 562. Authority of special trial counsel with respect to certain offenses occur-
ring before effective date of military justice reforms.
Sec. 563. Detailing of appellate defense counsel.
Sec. 564. Modification to offense of aiding the enemy under the Uniform Code of
Military Justice.
Sec. 565. Removal of marriage as a defense to article 120b offenses.
Sec. 566. Consolidation of military justice reporting requirements for the military
departments.
Sec. 567. Term of office for judges of the Court of Military Commission Review.
Sec. 568. Continuity of coverage under certain provisions of title 18, United States
Code.
Sec. 569. Correction of certain citations in title 18, United States Code, relating to
sexual offenses.
Sec. 569A. Modification of timeline for potential implementation of study on unani-
mous court-martial verdicts.
Sec. 569B. Removal of personally identifying and other information of certain per-
sons from the Department of Defense Central Index of Investigations.
Sec. 569C. Expanded command notifications to victims of domestic violence.
Sec. 569D. Extension of Defense Advisory Committee on Investigation, Prosecution,
and Defense of Sexual Assault in the Armed Forces.
Sec. 569E. Analysis on the advisability of revising Military Rule of Evidence 513.
Sec. 569F. Analysis of prohibition on broadcast and distribution of digitally manip-
ulated intimate images under the Uniform Code of Military Justice.
Subtitle H—Career Transition
Sec. 571. Pathway for individualized counseling for members of the reserve compo-
nents under TAP.
Sec. 572. Extension of Troops-to-Teachers Program.
Sec. 573. Extension and expansion of report on the Transition Assistance Program
of the Department of Defense.
Sec. 574. Military training and competency records.
Subtitle I—Family Programs and Child Care
Sec. 581. Interstate compacts for portability of occupational licenses of military
spouses: permanent authority.
Sec. 582. Military Spouse Career Accelerator program.
H. R. 5009—7
Sec. 583. Competitive pay for Department of Defense child care personnel.
Sec. 584. Posting of national child abuse hotline at military child development cen-
ters.
Sec. 585. Additional information in outreach campaign relating to waiting lists for
military child development centers.
Sec. 586. Expansion of annual briefing regarding waiting lists for military child de-
velopment centers.
Sec. 587. Improvements
relating
to
portability
of
professional
licenses
of
servicemembers and their spouses.
Sec. 588. Child care services and youth program services for dependents.
Sec. 589. Child care services and youth program services for dependents: period of
services for a member with a spouse seeking employment.
Sec. 589A. Child development program staffing and compensation model.
Sec. 589B. Inclusive Playground Pilot Program.
Subtitle J—Dependent Education
Sec. 591. Advisory committees for Department of Defense domestic dependents
schools.
Sec. 592. Eligibility of dependents of certain deceased members of the Armed
Forces for enrollment in Department of Defense domestic dependent ele-
mentary and secondary schools.
Sec. 593. Expansion of eligibility for virtual programs operated by Department of
Defense Education Activity.
Sec. 594. Authorization for school meal programs at Department of Defense de-
pendent schools.
Sec. 595. Eligibility of certain dependents for enrollment in domestic dependent ele-
mentary and secondary schools.
Sec. 596. Staffing of Department of Defense Education Activity schools to maintain
maximum student-to-teacher ratios.
Sec. 597. Enrollment in defense dependents’ education system of children of foreign
military members assigned to United Nations Command.
Sec. 598. Certain assistance to local educational agencies that benefit dependents
of military and civilian personnel.
Sec. 599. Training requirements teachers in 21st century schools of the Department
of Defense Education Activity.
Sec. 599A. Overseas transfer program for educators in schools operated by the De-
partment of Defense Education Activity.
Sec. 599B. Parental right to notice of student nonproficiency in reading or language
arts.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Basic Pay, Retired Pay, and Leave
Sec. 601. Reform of basic pay rates.
Sec. 602. Policy on postpartum physical fitness tests and body composition assess-
ments.
Sec. 603. Extension of parental leave to members of the Coast Guard Reserve.
Sec. 604. Elimination of cap on additional retired pay for extraordinary heroism for
members of the Army and Air Force who served during the Vietnam
Era.
Sec. 605. Calculation of retired pay for certain officers who served in grade O–9 or
O–10 and retired in grade O–8.
Subtitle B—Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Increase in accession bonus for health professions scholarship and finan-
cial assistance program.
Sec. 613. Increase in maximum skill proficiency bonus amount.
Subtitle C—Allowances
Sec. 621. Basic needs allowance for members on active service in the Armed Forces:
expansion of eligibility; increase of amount.
Sec. 622. Authority to pay basic allowance for housing to junior enlisted members
on sea duty.
Sec. 623. Reimbursement of expenses relating to travel for inactive-duty training
and muster duty.
Sec. 624. Expansion of travel and transportation allowance to move or store pri-
vately owned vehicles.
Sec. 625. Extension of authority to pay one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 626. Travel and transportation allowances: prohibition of requirement of zero-
emission vehicle.
H. R. 5009—8
Sec. 627. Evaluation of the rates of the basic allowance for subsistence.
Sec. 628. Report regarding the calculation of cost-of-living allowances.
Subtitle D—Family and Survivor Benefits
Sec. 631. Expansion of eligibility for certain benefits that arise from the death of
a member of the Armed Forces.
Sec. 632. Extension of time for minor survivors to file death gratuity claims.
Sec. 633. Parent fees at military child development centers for child care employ-
ees.
Sec. 634. Information regarding paternal engagement on website of Military
OneSource.
Subtitle E—Defense Resale Matters
Sec. 641. Prohibition on sale of garlic from the People’s Republic of China at com-
missary stores.
Sec. 642. Sale of certain supplies of the Navy and Marine Corps to certain former
members of the Coast Guard.
Subtitle F—Other Benefits, Reports, and Briefings
Sec. 651. Access to broadband internet access service for certain members of the
Armed Forces.
Sec. 652. Extension of exclusion of certain employees from Government lodging pro-
gram.
Sec. 653. Promotion of tax preparation assistance programs.
Sec. 654. Pilot program to increase access to food on military installations of the
Army.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Benefits
Sec. 701. Access to specialty behavioral health care under TRICARE Prime.
Sec. 702. Reduction or waiver of cost-sharing amounts under TRICARE pharmacy
benefits program for certain dependents enrolled in TRICARE Prime
Remote program.
Sec. 703. TRICARE program: waiver of referral requirement under TRICARE
Prime for certain care in a military medical treatment facility.
Sec. 704. Extension of effective date regarding certain improvements to the
TRICARE dental program.
Sec. 705. Program to prevent perinatal mental health conditions in pregnant and
postpartum members of the Armed Forces.
Sec. 706. Guidance on authority to provide travel and transportation allowances for
specialty care under exceptional circumstances.
Sec. 707. Contraception coverage parity under the TRICARE program.
Sec. 708. Prohibition of coverage under TRICARE program of certain medical pro-
cedures for children that could result in sterilization.
Sec. 709. Demonstration program on cryopreservation and storage of gametes of
certain members of the Armed Forces.
Subtitle B—Health Care Administration
Sec. 711. Identification in patient medical records of affiliation of certain non-De-
partment of Defense health care providers.
Sec. 712. Extension of enhanced appointment and compensation authority for cer-
tain health care providers.
Sec. 713. Licensure requirement for certain health care professionals providing cer-
tain examinations to members of the reserve components.
Sec. 714. Health care licensure portability for TRICARE network providers pro-
viding mental health services to members of the Armed Forces and cer-
tain family members.
Sec. 715. Expansion of recognition by the Defense Health Agency of certifying bod-
ies for physicians.
Sec. 716. Waiver with respect to experienced nurses at military medical treatment
facilities.
Sec. 717. Improved implementation of financial relief for civilians treated in mili-
tary medical treatment facilities.
Sec. 718. Retention of health care providers: surveys; briefing; reports.
Subtitle C—Matters Relating to Brain Health
Sec. 721. Establishment of Defense Intrepid Network for Traumatic Brain Injury
and Brain Health as program of record.
Sec. 722. Brain health and trauma program.
H. R. 5009—9
Sec. 723. Modifications to Brain Health Initiative of Department of Defense.
Sec. 724. Blast overpressure and traumatic brain injury oversight strategy and ac-
tion plan.
Sec. 725. Establishment of requirements relating to blast overpressure exposure.
Subtitle D—Studies, Briefings, Reports, and Other Matters
Sec. 731. Treatment of expert medical opinions with respect to medical malpractice
claims by members of the uniformed services.
Sec. 732. Annual reports on medical malpractice claims by members of the uni-
formed services.
Sec. 733. Expansion of license reciprocity for veterinarians of Department of De-
fense.
Sec. 734. Medical countermeasures for overseas personnel of the Department of De-
fense for acute radiation syndrome and thermal burns.
Sec. 735. Establishment of Indo-Pacific Medical Readiness Program.
Sec. 736. Reports on suicide among members of the Armed Forces and suicide pre-
vention programs and activities of the Department of Defense.
Sec. 737. Study of immune response and other effects on members of the Armed
Forces regarding COVID–19 vaccines.
Sec. 738. Annual report on recruitment delays relating to medical conditions.
Sec. 739. Plan to improve access by members of the Armed Forces to safe, high-
quality pharmaceuticals.
Sec. 740. Pilot program on delegation of authority to approve reserve component re-
cruits with certain medical conditions.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Modifications to guidelines and collection method for acquisition of cost
data.
Sec. 802. Limitation on certain options for cost contracts.
Sec. 803. Treatment of unilateral definitization of a contract as a final decision.
Sec. 804. Middle tier of acquisition for rapid prototyping and rapid fielding.
Sec. 805. Revision and codification of software acquisition pathways.
Sec. 806. Streamlining of Milestone A requirements.
Sec. 807. Streamlining of Milestone B requirements.
Sec. 808. Notice of contract cancellation or termination relating to remote or iso-
lated installations.
Sec. 809. Cost growth reports for major acquisition programs that are highly sen-
sitive classified programs.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Repeal of and modification to certain defense acquisition laws.
Sec. 812. Modification to limitation on acquisition of excess supplies.
Sec. 813. Modifications to Comptroller General assessment of acquisition programs.
Sec. 814. Modifications to commercial product and commercial service determina-
tions.
Sec. 815. Application of recent price history to cost or pricing data requirements.
Sec. 816. Modifications to authority to carry out certain prototype projects using
other transaction authority.
Sec. 817. Clarification of other transaction authority for follow on production.
Sec. 818. Clarification of other transaction authority for facility repair.
Sec. 819. Open interface standards for contracts of the Department of Defense.
Sec. 820. Updates to earned value management system requirements.
Sec. 821. Inclusion of Japan and the Republic of Korea in contested logistics dem-
onstration and prototyping program.
Sec. 822. Avoidance of use of lowest price technically acceptable source selection
criteria for procurement of munitions response services.
Sec. 823. Use of fixed-price type contracts for certain shipbuilding programs.
Sec. 824. Extension of temporary authority to modify certain contracts and options
based on the effects of inflation.
Subtitle C—Provisions Relating to Workforce Development
Sec. 831. Modification to the term of appointment of the President of the Defense
Acquisition University.
Sec. 832. Updated acquisition and sustainment training.
Sec. 833. Extension of demonstration project relating to certain acquisition per-
sonnel management policies and procedures.
H. R. 5009—10
Sec. 834. Performance incentives related to commercial product and commercial
service determinations.
Sec. 835. Modification to extramural acquisition innovation and research activities.
Sec. 836. Prohibition on the transfer of certain data on employees of the Depart-
ment of Defense to third parties.
Sec. 837. Modifications to contractor employee protections from reprisal for disclo-
sure of certain information.
Sec. 838. Detail authority for Defense Advanced Research Projects Agency to pro-
vide technology transition support.
Sec. 839. Employment transparency regarding individuals who perform work in,
for, or are subject to the laws or control of the People’s Republic of
China.
Sec. 840. Designation of program executive office for acquisition of open-source in-
telligence tools for Army.
Subtitle D—Provisions Relating to Supply Chains and Domestic Sourcing
Sec. 841. Enhancing requirements for information relating to supply chain risk.
Sec. 842. Domestic production of stainless steel flatware and dinnerware.
Sec. 843. Clarification of exception to Berry Amendment requirements for procure-
ment of vessels in foreign waters.
Sec. 844. Technical edits to sourcing requirements for strategic materials and sen-
sitive materials.
Sec. 845. Amendment to requirement to buy strategic materials critical to national
security from American sources.
Sec. 846. Modification to miscellaneous limitations on the procurement of goods
other than United States goods.
Sec. 847. Inclusion of recycled and reused minerals and metals in preference for
sourcing of strategic and critical materials.
Sec. 848. Domestic nonavailability determinations list.
Sec. 849. Supply chain illumination incentives.
Sec. 850. Report and updated guidance on continued risk management for pharma-
ceutical supply chains of Department of Defense.
Subtitle E—Prohibitions and Limitations on Procurement
Sec. 851. Prohibition on contracting with covered entities that contract with lobby-
ists for Chinese military companies.
Sec. 852. Notification of changes to certain transportation contracts.
Sec. 853. Prohibition on procurement of covered semiconductor products and serv-
ices from companies providing covered semiconductor products and serv-
ices to Huawei.
Sec. 854. Prohibition on contracts for online tutoring services.
Sec. 855. Limitation on availability of funds for covered contractors engaged in an
anti-Israel boycott.
Sec. 856. Procurement of cleaning products.
Sec. 857. Plan for production of covered munitions for procurement by the Depart-
ment of Defense.
Sec. 858. Procurement of covered hearing protection devices.
Subtitle F—Industrial Base Matters
Sec. 861. Codification and modification of pilot program to accelerate the procure-
ment and fielding of innovative technologies.
Sec. 862. Program for distribution support and services for contractors.
Sec. 863. Extension of the pilot program for streamlining awards for innovative
technology projects.
Sec. 864. Use of capability-based analysis of price of goods or services offered by
nontraditional defense contractors.
Sec. 865. Qualification of industrial capabilities.
Sec. 866. Solid rocket motor industrial base.
Sec. 867. Promulgate guidance relating to certain Department of Defense contracts.
Subtitle G—Small Business Matters
Sec. 871. Pilot program for the participation of military research and educational
institutions in the STTR program.
Sec. 872. Department of Defense pilot program for preliminary calculation esti-
mates for certain programs.
Sec. 873. Boots to Business Program.
Sec. 874. Establishment of pilot program for access to shared classified commercial
infrastructure.
Sec. 875. Accessibility and clarity in covered notices for small business concerns.
Sec. 876. Small Business Bill of Rights.
Subtitle H—Other Matters
Sec. 881. Clarification of waiver authority for organizational and consultant con-
flicts of interest.
H. R. 5009—11
Sec. 882. Reverse engineering or re-engineering for production of items.
Sec. 883. Procurement of Department of Defense batteries.
Sec. 884. Advisory panel on the requirements process of the Department of De-
fense.
Sec. 885. Proposal for payment of costs for certain Government Accountability Of-
fice bid protests.
Sec. 886. Briefings, certification, and limitation on availability of funds related to
fuel services financial management contracts.
Sec. 887. Implementation of Comptroller General recommendations relating to cer-
tain spare parts for F–35 aircraft.
Sec. 888. Tracking awards made through other transaction authority.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Requirement to notify Congress when Deputy Secretary of Defense is per-
forming functions and duties of Secretary of Defense.
Sec. 902. Establishment of Department of Defense Performance Improvement Offi-
cer.
Sec. 903. Enhanced coordination on international cooperation activities.
Sec. 904. Increase in authorized number of Deputy Assistant Secretaries of De-
fense.
Sec. 905. Modifications to the Office of Strategic Capital.
Sec. 906. Limitation on availability of funds until Department of Defense complies
with certain legal requirements.
Sec. 907. Matters relating to Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.
Sec. 908. Inclusion in defense planning guidance of guidance on size, structure, and
posture of special operations forces.
Sec. 909. Review of roles and responsibilities of the Chief Talent Management Offi-
cer and the Office of the Under Secretary of Defense for Personnel and
Readiness.
Sec. 910. Plan for adequate staffing of Office of Assistant Secretary of Defense for
Industrial Base Policy and Joint Production Accelerator Cell.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 921. Department of Defense Senior Intelligence Oversight Official.
Sec. 922. Codification of the Joint Federated Assurance Center.
Sec. 923. Codification of additional staff corps of the Navy.
Sec. 924. Establishment of Office of Expanded Competition.
Sec. 925. Counter unmanned aerial systems task force.
Sec. 926. Affiliate relationships between Army special operations forces and com-
bat-enabling units of general purpose forces.
Sec. 927. Force sizing methodology.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Repeal of audit incentive element in report requirement of Financial Im-
provement and Audit Remediation Plan.
Sec. 1003. Authority to use Defense Modernization Account funds for time-sensitive
equipment modernization.
Sec. 1004. Extension of audit requirement for Department of Defense components.
Sec. 1005. Revision of Department of Defense financial management regulation.
Sec. 1006. Establishment of cross-functional team to oversee implementation of rec-
ommendations of Commission on Planning, Programming, Budgeting,
and Execution Reform.
Sec. 1007. Use of technology using artificial intelligence to facilitate audit of the fi-
nancial statements of the Department of Defense for fiscal year 2025.
Subtitle B—Counterdrug Activities
Sec. 1011. Support for counterdrug activities affecting flow of drugs into United
States.
Sec. 1012. Authority for detection and monitoring of illegal drugs regardless of des-
tination.
Sec. 1013. Review, assessment, and analysis of governance structure and strategy
of Department of Defense counter-narcotics and counter-transnational
organized crime activities.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Briefing required in the event of a proposed reduction in battle force
ships as part of the annual naval vessel construction plan and certifi-
cation.
H. R. 5009—12
Sec. 1022. Modification of authority to purchase used vessels under the National
Defense Sealift Fund.
Sec. 1023. Modifications to ship repair authorities.
Sec. 1024. Improving Navy assessments required prior to start of construction on
first ship of a shipbuilding program.
Sec. 1025. Prohibition on contracting with shipyards controlled by a foreign adver-
sary country.
Sec. 1026. Exception to prohibition of overhaul, repair, or maintenance of certain
vessels in shipyards outside the United States or Guam.
Sec. 1027. Strategy on development of naval rearm at sea capability.
Sec. 1028. Authority to use incremental funding for the Virginia-class submarine
program.
Sec. 1029. Authority to use incremental funding to enter into a contract for the con-
struction of an Arleigh Burke class destroyer.
Sec. 1030. Pilot program on use of automated inspection technologies at shipyards.
Sec. 1031. Requirements for the unmanned maritime autonomy architecture.
Sec. 1032. Competitive demonstration of large and extra large unmanned under-
water vehicles.
Sec. 1033. Requirement for mature ship design.
Subtitle D—Counterterrorism
Sec. 1041. Extension of prohibition on use of funds for transfer or release of indi-
viduals detained at United States Naval Station, Guantanamo Bay,
Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or release of indi-
viduals detained at United States Naval Station, Guantanamo Bay,
Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1051. Authority to contribute to innovation fund.
Sec. 1052. Extension of authority for reimbursement of expenses for certain Navy
mess operations.
Sec. 1053. Assessments of casualties and fatalities during hostilities.
Sec. 1054. Establishment of major mishap incident designation classification for
Department of Defense incidents.
Sec. 1055. Prohibition on use of funds for EcoHealth Alliance and the Wuhan Insti-
tute of Virology.
Sec. 1056. Prohibition on Department of Defense transportation of currency to
Taliban or Islamic Emirate of Afghanistan.
Sec. 1057. Prohibition on use of funds for the Badr Organization and related orga-
nizations.
Sec. 1058. Limitation on use of funds pending provision of briefing on reliance of
People’s Liberation Army on imported fossil fuels for energy.
Sec. 1059. Prohibition on use of funds to support entertainment projects with ties
to the Government of the People’s Republic of China.
Subtitle F—Studies and Reports
Sec. 1061. Chief of Navy Reserve annual report.
Sec. 1062. Modification and extension of requirement for combatant command risk
assessment for airborne intelligence, surveillance, and reconnaissance.
Sec. 1063. Extension of briefing requirement regarding civil authorities at the
Southwest border.
Sec. 1064. Extension of annual report on civilian casualties in connection with
United States military operations.
Sec. 1065. Review of irregular warfare authorities.
Sec. 1066. Reports on approval and deployment of lethal autonomous weapon sys-
tems.
Sec. 1067. Congressional notice regarding execute orders issued at the direction of
the President or the Secretary of Defense.
Sec. 1068. Mobility capability requirements study.
Sec. 1069. Biodefense posture reviews.
Sec. 1070. Briefings on attempts by aliens and foreign actors to access military in-
stallations without authorization.
Sec. 1071. Report on resourcing of Arctic Strategy.
Sec. 1072. Analyses and reports on air superiority of the Joint Force.
Sec. 1073. Exercise for countering unmanned aerial systems.
H. R. 5009—13
Sec. 1074. Report on operational plans of the Department of Defense.
Sec. 1075. Quarterly reports on funerals at Arlington National Cemetery on hold
until caisson services resume.
Sec. 1076. Plan for enhancement of special operations riverine capability.
Sec. 1077. Annual reports on the Postsecondary Education Complaint System.
Sec. 1078. Study and report on Department of Defense use of unmanned ground ve-
hicle systems manufactured by certain foreign entities.
Subtitle G—Other Matters
Sec. 1081. Introduction of entities in transactions critical to national security.
Sec. 1082. Installation energy plans and assessment for reduction of reliance on
Russian energy.
Sec. 1083. Extension of the National Commission on the Future of the Navy.
Sec. 1084. Modification of National Security Commission on Emerging Bio-
technology.
Sec. 1085. Modification of defense sensitive support notification requirement.
Sec. 1086. Plan for additional skill identifiers for Army Mountain Warfare School.
Sec. 1087. Establishment of Department of Defense working group on multilateral
artificial intelligence coordination.
Sec. 1088. Resumption of caisson services at funeral services at Arlington National
Cemetery.
Sec. 1089. Liaison with Counter Unmanned Aerial Systems Task Force.
Sec. 1090. Responding to unmanned aircraft systems incursions.
Sec. 1091. Prioritization of accreditation of sensitive compartmented information fa-
cilities supporting DX-rated programs.
Sec. 1092. Establishment of national security capital forum.
Sec. 1093. Implementation of Comptroller General recommendations relating to the
food program of the Department of Defense.
Sec. 1094. Pilot program to provide military aircraft support to air shows.
TITLE XI—CIVILIAN PERSONNEL
Sec. 1101. Pilot program for the temporary exchange of information technology per-
sonnel.
Sec. 1102. Extension of authority for noncompetitive appointments of military
spouses by Federal agencies.
Sec. 1103. Extension of living quarters allowance to civilian DOD employees in po-
sitions with critical shortages stationed in Guam.
Sec. 1104. One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for federal civilian employees work-
ing overseas.
Sec. 1105. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1106. Pilot program for overseas work-period for DOD competitive service posi-
tions.
Sec. 1107. Employment and compensation of civilian faculty members at Inter-
American Defense College.
Sec. 1108. Treatment of veterans who did not register for the selective service.
Sec. 1109. Increase in military leave accrual and accumulation for Federal employ-
ees.
Sec. 1110. Sufficient firefighter personnel covered installations.
Sec. 1111. Extension of direct hire authority for domestic industrial base facilities
and Major Range and Test Facilities Base.
Sec. 1112. Modifications to the John S. McCain Strategic Defense Fellows Program.
Sec. 1113. Modification of pilot program on dynamic shaping of the workforce to im-
prove the technical skills and expertise at certain Department of De-
fense laboratories.
Sec. 1114. Continuity of coverage under certain provisions of title 5, United States
Code.
Sec. 1115. Limitation on establishment of new diversity, equity, and inclusion posi-
tions; hiring freeze.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Modification of authority to build capacity of foreign security forces and
modification of support for execution of bilateral agreements concerning
illicit transnational maritime activity in Africa.
Sec. 1202. Modification of authority for Naval Small Craft Instruction and Tech-
nical Training School.
Sec. 1203. Assessment, monitoring, and evaluation of programs and activities.
Sec. 1204. Quarterly briefings on counterterrorism operations, irregular warfare,
and sensitive activities.
H. R. 5009—14
Sec. 1205. Extension of modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension of authorities.
Sec. 1207. Extension and modification of defense operational resilience inter-
national cooperation pilot program.
Sec. 1208. Acceptance and expenditure of contributions for multilateral security co-
operation programs and activities.
Sec. 1209. Temporary authority to provide training to military forces or national
security forces of Costa Rica and Panama.
Sec. 1210. Improvements to defense acquisition workforce for foreign military sales.
Subtitle B—Matters Relating to Israel
Sec. 1211. Statement of policy ensuring Israel’s defense.
Sec. 1212. Modification of United States-Israel anti-tunnel cooperation.
Sec. 1213. Requirement to conduct subterranean warfare military exercises.
Sec. 1214. Strategic partnership on defense industrial priorities between the
United States and Israel.
Sec. 1215. Establishment of program between the United States and Israel for mili-
tary trauma education and training.
Subtitle C—Matters Relating to the Near and Middle East
Sec. 1221. Key partners for Middle East Regional Integration Military Subject Mat-
ter Expert Exchange Program.
Sec. 1222. Extension and modification of annual report on military power of Iran.
Sec. 1223. Modification of report on the military capabilities of Iran and related ac-
tivities.
Sec. 1224. Prohibition on providing funding to Iranian entities.
Sec. 1225. Notification relating to arms trafficking by Iran.
Sec. 1226. Assessment and plan with respect to equipment provided to Kurdish
Peshmerga forces.
Sec. 1227. Extension of authority for reimbursement of certain coalition nations for
support provided to United States military operations.
Sec. 1228. Extension and modification of security briefings on Afghanistan.
Sec. 1229. Notifications regarding terrorist groups in Afghanistan.
Sec. 1230. Extension of authority to support operations and activities of the office
of security cooperation in Iraq.
Sec. 1231. Extension and modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1232. Extension of authority to provide assistance to vetted Syrian groups and
individuals.
Sec. 1233. Statement of policy on recognition of the Assad regime.
TITLE XIII—OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Matters Relating to Europe and Russia
Sec. 1301. Modifications to North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1302. Extension and modification of training for Eastern European national
security forces in the course of multilateral exercises.
Sec. 1303. Extension of prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized territory of
Ukraine.
Sec. 1304. Prohibition on New START Treaty information sharing.
Subtitle B—Matters Relating to the Indo-Pacific Region
Sec. 1311. Sense of Congress on defense alliances and partnerships in the Indo-Pa-
cific region.
Sec. 1312. Modification of Indo-Pacific Maritime Security Initiative.
Sec. 1313. Extension and modification of Pacific Deterrence Initiative.
Sec. 1314. Indo-Pacific extended deterrence education pilot program.
Subtitle C—Matters Relating to Taiwan
Sec. 1321. Modification of reporting requirement for transfer of defense articles and
defense services to Taiwan.
Sec. 1322. Establishment of program between the United States and Taiwan for
military trauma care.
Sec. 1323. Taiwan security cooperation initiative.
Sec. 1324. Sense of Congress regarding invitation to Taiwan to Rim of the Pacific
exercise.
Subtitle D—Coordinating AUKUS Engagement With Japan
Sec. 1331. Definitions.
H. R. 5009—15
Sec. 1332. Sense of Congress.
Sec. 1333. Engagement with Japan on AUKUS Pillar Two Cooperation.
Sec. 1334. Assessment of Potential for Cooperation with Japan on AUKUS Pillar
Two.
Subtitle E—Matters Relating to East Asia
Sec. 1341. Extension and modification of authority to transfer funds for Bien Hoa
dioxin cleanup.
Sec. 1342. Modification of cooperative program with Vietnam to account for Viet-
namese personnel missing in action.
Sec. 1343. Plan for establishment of a joint force headquarters in Japan.
Sec. 1344. Plan for Department of Defense activities to strengthen United States
extended deterrence commitments to the Republic of Korea.
Sec. 1345. Plan and annual report relating to trilateral defense cooperation with
Japan and the Republic of Korea.
Sec. 1346. Modification of public reporting of Chinese military companies operating
in the United States.
Sec. 1347. Strategy to address malign activities by the People’s Liberation Army.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B—National Defense Stockpile
Sec. 1411. Restoring the National Defense Stockpile.
Sec. 1412. Consultations with respect to environmental reviews of projects that will
increase availability of strategic and critical materials for acquisition for
National Defense Stockpile.
Subtitle C—Other Matters
Sec. 1421. Extension of authorities for funding and management of Joint Depart-
ment of Defense-Department of Veterans Affairs Medical Facility Dem-
onstration Fund for Captain James A. Lovell Health Care Center, Illi-
nois.
Sec. 1422. Eligibility of Space Force officers for membership on Armed Forces Re-
tirement Home Advisory Council.
Sec. 1423. Armed Forces Retirement Home: availability of licensed practitioners.
Sec. 1424. Authorization of appropriations for Armed Forces Retirement Home.
TITLE XV—CYBERSPACE-RELATED MATTERS
Subtitle A—Cyber Operations
Sec. 1501. Modification of prohibition on purchase of cyber data products or serv-
ices other than through the program management office for Department
of Defense-wide procurement of cyber data products and services.
Sec. 1502. Department of Defense Information Network subordinate unified com-
mand.
Sec. 1503. Establishment of the Department of Defense Hackathon program.
Sec. 1504. Support for cyber threat tabletop exercise program with the defense in-
dustrial base.
Sec. 1505. Accounting of cloud computing capabilities of the Department of De-
fense.
Subtitle B—Cybersecurity
Sec. 1511. Termination of reporting requirement for cross domain incidents and ex-
emptions to policies for information technology.
Sec. 1512. Information technology programs of the National Background Investiga-
tion Service.
Sec. 1513. Guidance for application of zero trust strategy to Internet of Things
hardware used in military operations.
Sec. 1514. Management and cybersecurity of multi-cloud environments.
Sec. 1515. Protective measures for mobile devices within the Department of De-
fense.
Subtitle C—Information Technology and Data Management
Sec. 1521. Usability of antiquated and proprietary data formats for modern oper-
ations.
H. R. 5009—16
Sec. 1522. Modernization of the Department of Defense’s Authorization to Operate
processes.
Sec. 1523. Update of biometric policy of Department of Defense.
Subtitle D—Artificial Intelligence
Sec. 1531. Artificial Intelligence Human Factors Integration Initiative.
Sec. 1532. Advanced computing infrastructure to enable advanced artificial intel-
ligence capabilities.
Sec. 1533. Cost budgeting for artificial intelligence data.
Sec. 1534. Evaluation of Federated Artificial Intelligence-Enabled Weapon Systems
Center of Excellence.
Subtitle E—Reports and Other Matters
Sec. 1541. Oversight and reporting on the Mission Partner Environment and asso-
ciated activities within the Department of Defense.
Sec. 1542. Extension of certification requirement regarding contracting for military
recruiting.
Sec. 1543. Prohibition on disestablishment or merger of officer career paths within
the Cyber Branch of the United States Army.
Sec. 1544. Independent assessment of cyber organizational models.
Sec. 1545. Limitation on availability of funds for the Joint Cyber Warfighting Ar-
chitecture.
Sec. 1546. Risk framework for foreign mobile applications of concern.
Sec. 1547. Joint partner-sharing network capabilities for Middle East defense inte-
gration.
TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Modification of Air Force space contractor responsibility watch list.
Sec. 1602. Establishment of Commercial Augmentation Space Reserve.
Sec. 1603. Space Force satellite ground systems.
Sec. 1604. Modification of notification of foreign interference of national security
space.
Sec. 1605. Modifications to National Security Space Launch program.
Sec. 1606. Comptroller General review regarding Global Positioning System mod-
ernization and other positioning, navigation, and timing systems.
Sec. 1607. Senior Advisor for Space Command, Control, and Integration.
Sec. 1608. Pilot program to demonstrate hybrid satellite communication architec-
ture.
Sec. 1609. Middle East integrated space and satellite security assessment.
Sec. 1610. Annual briefing on commercial space strategy of the Space Force.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Extension and modification of authority to engage in certain commercial
activities as security for intelligence collection activities.
Sec. 1612. Cyber intelligence capability.
Sec. 1613. Authority of Army counterintelligence agents.
Sec. 1614. Extension and modification of defense intelligence and counterintel-
ligence expense authority.
Sec. 1615. Intelligence advice and Department of Defense support for Government
of Israel in the defeat of Hamas.
Subtitle C—Nuclear Forces
Sec. 1621. Establishment of Assistant Secretary of Defense for Nuclear Deterrence,
Chemical, and Biological Defense Policy and Programs; improvements to
processes of the Office of the Secretary of Defense.
Sec. 1622. Extension and modification of certifications regarding integrated tactical
warning and attack assessment mission of the Department of the Air
Force.
Sec. 1623. Periodic updates on the modernization of the Strategic Automated Com-
mand and Control System.
Sec. 1624. Modified requirements for report on the plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery systems,
and nuclear weapons command and control system.
Sec. 1625. Matters relating to pilot program on development of reentry vehicles and
related systems.
Sec. 1626. Expansion of nuclear long range standoff capability.
Sec. 1627. Matters relating to the nuclear-armed sea-launched cruise missile.
H. R. 5009—17
Sec. 1628. Availability of Air Force procurement funds for heat shield material for
Mark 21A reentry vehicle.
Sec. 1629. Conditional requirements for Sentinel intercontinental ballistic missile
program.
Sec. 1630. Prohibition on reduction of intercontinental ballistic missiles of the
United States.
Sec. 1631. Limitation on use of funds for altering Air Force Global Strike Com-
mand.
Sec. 1632. Limitations on use of funds to dismantle B83–1 nuclear gravity bomb.
Sec. 1633. Limitation on availability of funds pending submission of plan for de-
creasing the time to upload additional warheads to the intercontinental
ballistic missile fleet.
Sec. 1634. Limitation on availability of funds pending submission of information on
options for enhancing National Nuclear Security Administration access
to the defense industrial base.
Sec. 1635. Defense Industrial Base workforce development strategy.
Sec. 1636. Long-term plan for strategic nuclear forces during delivery vehicle tran-
sition.
Sec. 1637. Reports and briefings on recommendations of the Congressional Com-
mission on the Strategic Posture of the United States.
Sec. 1638. Sense of Congress with respect to use of artificial intelligence to support
strategic deterrence.
Subtitle D—Missile Defense Programs
Sec. 1641. Expansion of certain prohibitions relating to missile defense information
and systems to apply to People’s Republic of China.
Sec. 1642. Additional missile defense site for protection of United States homeland.
Sec. 1643. Advice and assistance regarding enhancement of Jordanian air and mis-
sile defense.
Sec. 1644. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1645. Limitation on availability of funds with respect to certain missile de-
fense system governance documents, policies, and procedures.
Sec. 1646. Congressional notification requirement with respect to incidents that af-
fect availability of United States homeland missile defenses.
Sec. 1647. Plan for comprehensive ballistic missile defense radar coverage of Guam.
Sec. 1648. Annual briefing on missile defense of Guam.
Sec. 1649. Organization and codification of provisions of law relating to missile de-
fense.
Subtitle E—Other Matters
Sec. 1651. Cooperative threat reduction funds.
Sec. 1652. Temporary continuation of requirement for reports on activities and as-
sistance under Department of Defense Cooperative Threat Reduction
Program.
Sec. 1653. Modification to annual assessment of budget with respect to electro-
magnetic spectrum operations capabilities.
Sec. 1654. Modification of milestone decision authority for space-based ground and
airborne moving target indication systems.
Sec. 1655. Designation of a senior defense official responsible for establishment of
national integrated air and missile defense architecture for the United
States.
TITLE XVII—OTHER DEFENSE MATTERS
Sec. 1701. Technical and conforming amendments.
Sec. 1702. Modification of humanitarian assistance authority.
Sec. 1703. Display of United States flag for patriotic and military observances.
Sec. 1704. Exclusion of oceanographic research vessels from certain sourcing re-
quirements.
Sec. 1705. Expanding cooperative research and development agreements to part-
nerships with United States territorial governments.
Sec. 1706. Use of royalty gas at McAlester Army Ammunition Plant.
Sec. 1707. Report on Iranian oil sales proceeds.
Sec. 1708. Prohibition on use of funds for temporary pier in Gaza.
Sec. 1709. Analysis of certain unmanned aircraft systems entities.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2003. Effective date.
H. R. 5009—18
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out fiscal year 2018 project at Kunsan
Air Base, Korea.
Sec. 2105. Extension of authority to carry out fiscal year 2019 project at Mihail
Kogalniceanu forward operating site, Romania.
Sec. 2106. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2108. Extension of authority to carry out certain fiscal year 2022 projects.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2205. Extension of authority to carry out fiscal year 2020 project at Marine
Corps Air Station Yuma, Arizona.
Sec. 2206. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2207. Extension of authority to carry out certain fiscal year 2022 projects.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out fiscal year 2017 project at
Spangdahlem Air Base, Germany.
Sec. 2305. Extension of authority to carry out certain fiscal year 2018 projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2308. Extension of authority to carry out fiscal year 2021 project at Joint Base
Langley-Eustis, Virginia.
Sec. 2309. Extension of authority to carry out certain fiscal year 2022 projects.
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment program
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out fiscal year 2018 project at Iwakuni,
Japan.
Sec. 2405. Extension of authority to carry out fiscal year 2019 project at Iwakuni,
Japan.
Sec. 2406. Extension of authority to carry out fiscal year 2020 project at Fort
Indiantown Gap, Pennsylvania.
Sec. 2407. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2408. Modification of authority to carry out fiscal year 2022 project at Joint
Base Anacostia-Bolling, District of Columbia.
Sec. 2409. Extension of authority to carry out certain fiscal year 2022 projects.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Extension of use of authorized amounts for North Atlantic Treaty Orga-
nization Security Investment Program.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and
land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
H. R. 5009—19
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out fiscal year 2018 project at Hulman
Regional Airport, Indiana.
Sec. 2608. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2609. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2610. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2611. Modification of authority to carry out fiscal year 2022 project.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense base closure account.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Programs
Sec. 2801. Modification of definition of military installation for purposes of notifica-
tions related to basing decision-making process.
Sec. 2802. Expansion of eligible grant recipients under the Defense Community In-
frastructure Program.
Sec. 2803. Process for strategic basing actions for the Department of the Air Force.
Sec. 2804. Inclusion of land acquisition and demolitions projects in authorized un-
specified minor military construction project; temporary expansion of
authority for purchase of certain land.
Sec. 2805. Amendments to defense laboratory modernization program.
Sec. 2806. Annual five-year plans on improvement of Department of Defense inno-
vation infrastructure.
Sec. 2807. Modification of authority for Indo-Pacific posture unspecified minor mili-
tary construction projects.
Sec. 2808. Extension of prohibition on joint use of Homestead Air Reserve Base
with civil aviation.
Sec. 2809. Information on military construction projects and repair projects at joint
bases.
Sec. 2810. Notification to Congress of reprogramming involving military construc-
tion funds.
Sec. 2811. Obligation and execution of design funds for military construction
projects.
Sec. 2812. Schedule of repairs at Naval Air Station, Pensacola, Florida.
Subtitle B—Military Housing Reforms
Sec. 2821. Budget justification for certain Facilities Sustainment, Restoration, and
Modernization projects.
Sec. 2822. Strategy and assessment with respect to non-operational, underutilized,
and other Department of Defense facilities: assessments of historic sig-
nificance.
Sec. 2823. Application of certain authorities and standards to historic military
housing and associated historic properties of the Department of the
Army.
Sec. 2824. Extension of applicability for waivers of covered privacy and configura-
tion standards for covered military unaccompanied housing.
Sec. 2825. Additional requirements for database of complaints made regarding
housing units of Department of Defense.
Sec. 2826. Digital system for submission of maintenance work order requests for
covered military unaccompanied housing required.
Sec. 2827. Modification to definition of privatized military housing.
Sec. 2828. Analysis of housing availability for critical civilian and contractor per-
sonnel near rural military installations.
Sec. 2829. Digital facilities management systems for military departments.
Sec. 2830. Strategy for use of existing leasing authorities to address shortages of
covered military unaccompanied housing required.
Sec. 2831. Independent assessment of estimated costs of certain strategies to ad-
dress shortages of covered military unaccompanied housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2841. Minimum capital investment for facilities sustainment, restoration, and
modernization.
Sec. 2842. Assistance for public infrastructure projects and services.
Sec. 2843. Contracts for design and construction of facilities of Department of De-
fense.
Sec. 2844. Industrial plant equipment and associated services as in-kind consider-
ation under leases of non-excess property.
H. R. 5009—20
Sec. 2845. Inclusion of tribal governments in intergovernmental support agree-
ments for installation-support services.
Sec. 2846. Temporary modification to authority to charge landing fees for the use
by civil aircraft of military airfields.
Sec. 2847. Stormwater management, shoreline erosion control, and water resilience
projects for installations and defense access roads.
Sec. 2848. Pilot program to optimize and consolidate Department of Defense facili-
ties to improve health and resiliency in defense communities.
Sec. 2849. Guidance regarding maintenance of aggregate square footage of facilities
of Department of Defense.
Sec. 2850. Expenditures on leased facilities and real property of the Department of
Defense.
Subtitle D—Land Conveyances
Sec. 2851. Extension of expanded authority to convey property at military installa-
tions.
Sec. 2852. Technical correction to map reference in the Military Land Withdrawals
Act of 2013.
Sec. 2853. Land conveyance, Boyle Memorial Army Reserve Center, Paris, Texas.
Sec. 2854. Land conveyance, Riverdale Park, Maryland.
Sec. 2855. Transfer authority, Mare Island Naval Shipyard, Vallejo, California.
Sec. 2856. Release of interests retained in Camp Joseph T. Robinson, Arkansas.
Sec. 2857. Land conveyance, Fort Huachuca, Sierra Vista, Arizona.
Sec. 2858. Removal of certain conditions regarding conveyance of former Army–
Navy General Hospital, Hot Springs National Park, Hot Springs, Arkan-
sas, to the State of Arkansas.
Sec. 2859. Land conveyance and authorization for interim lease, Defense Fuel Sup-
port Point San Pedro, Los Angeles, California.
Sec. 2860. Land conveyance, Fort Bliss, El Paso, Texas.
Sec. 2861. Cleanup and transfer of certain property at former Army installation to
East Bay Regional Park District.
Sec. 2862. Coordination of repair and maintenance of Kolekole Pass, Hawaii.
Subtitle E—Other Matters
Sec. 2871. Consideration of installation infrastructure and other supporting re-
sources by Department of Defense Test Resource Management Center.
Sec. 2872. Development and operation of the Naval Innovation Center at the Naval
Postgraduate School.
Sec. 2873. Extension of Department of the Army pilot program for development and
use of online real estate inventory tool.
Sec. 2874. Notification to Members of Congress for awards of contracts for military
construction projects.
Sec. 2875. Authorization of assistance to expedite certain military construction
projects located in Guam.
Sec. 2876. Report on munitions and explosives of concern and construction projects
in Joint Region Marianas.
Sec. 2877. Review of roles and responsibilities for construction projects of Depart-
ment of Defense.
Sec. 2878. Assessment of public schools on installations of Department of Defense.
Sec. 2879. Updates to policies and guidance of the Department of the Navy for the
replacement of certain dry docks and other projects.
Sec. 2880. Designation of officials responsible for coordination of infrastructure
projects to support additional members of the Armed Forces and their
families in the Indo-Pacific region.
Sec. 2881. Limitation on availability of funds until submission of interim guidance
for Department of Defense-wide standards for access to military instal-
lations.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Improvements to National Nuclear Security Administration manage-
ment and processes.
H. R. 5009—21
Sec. 3112. Prohibition on admittance to national security laboratories and nuclear
weapons production facilities.
Sec. 3113. Authority for National Nuclear Security Administration to use passenger
carriers for contractor commuting.
Sec. 3114. Authorization for modification of B61-13 nuclear weapon.
Sec. 3115. Limitation on availability of funds pending submission of information on
streamlining National Nuclear Security Administration contracting.
Sec. 3116. Limitation on use of funds for naval nuclear fuel systems based on low-
enriched uranium.
Sec. 3117. Prohibition on availability of funds to reconvert or retire W76–2 war-
heads.
Subtitle C—Reports and Other Matters
Sec. 3121. Modification to and termination of certain reporting requirements under
Atomic Energy Defense Act.
Sec. 3122. Modification of reporting requirements relating to cost-benefit analyses
for competition of management and operating contracts.
Sec. 3123. Restoration of a domestic uranium enrichment capability.
Sec. 3124. Report on activities from U.S.–U.K. Mutual Defense Agreement.
Sec. 3125. Notification of certain regulations that impact the National Nuclear Se-
curity Administration.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Reauthorization of Maritime Security Program.
Subtitle B—Maritime Infrastructure
Sec. 3511. Port infrastructure development program.
Sec. 3512. Assessment of United States sealift capability.
Subtitle C—Reports
Sec. 3521. Independent study and report on Shanghai Shipping Exchange.
Sec. 3522. Study on transportation of personal protective equipment.
Subtitle D—Other Matters
Sec. 3531. Extension of certain provisions relating to Tanker Security Fleet pro-
gram.
Sec. 3532. Requirements for purchasing federally auctioned vessels.
Sec. 3533. Recapitalization of National Defense Reserve Fleet.
Sec. 3534. Armed Forces merchant mariner officer expedited preparation program.
Sec. 3535. Technical clarifications.
Sec. 3536. Buy America requirements for shipyard modernization and improvement
program.
Sec. 3537. Nomination of Merchant Marine cadets in event of death, resignation,
or expulsion from office of Member of Congress otherwise authorized to
nominate.
Sec. 3538. Amended license applications for certain deepwater ports for natural
gas.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
H. R. 5009—22
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E—OTHER MATTERS
TITLE L—VETERANS AFFAIRS MATTERS
Sec. 5001. Grants for State, county, and tribal veterans’ cemeteries that allow in-
terment of certain persons eligible for interment in national cemeteries.
Sec. 5002. Telephone helpline for assistance for veterans and other eligible individ-
uals.
Sec. 5003. Report on Airborne Hazards and Open Burn Pit Registry 2.0.
TITLE LI—FOREIGN AFFAIRS MATTERS
Subtitle A—United States Foundation for International Conservation Act of 2024
Sec. 5101. Definitions.
Sec. 5102. United States Foundation for International Conservation.
Sec. 5103. Governance of the Foundation.
Sec. 5104. Corporate powers and obligations of the Foundation.
Sec. 5105. Safeguards and accountability.
Sec. 5106. Projects and grants.
Sec. 5107. Prohibition of support for certain governments.
Sec. 5108. Annual report.
Sec. 5109. Authorization of appropriations.
Subtitle B—Western Hemisphere Partnership Act
Sec. 5111. Short title.
Sec. 5112. United States policy in the Western Hemisphere.
Sec. 5113. Promoting security and the rule of law in the Western Hemisphere.
Sec. 5114. Promoting digitalization and cybersecurity in the Western Hemisphere.
Sec. 5115. Promoting economic and commercial partnerships in the Western Hemi-
sphere.
Sec. 5116. Promoting transparency and democratic governance in the Western
Hemisphere.
Sec. 5117. Sense of Congress on prioritizing nomination and confirmation of quali-
fied ambassadors.
Sec. 5118. Western Hemisphere defined.
Sec. 5119. Report on efforts to capture and detain United States citizens as hos-
tages.
Subtitle C—Other Matters
Sec. 5121. Improving multilateral cooperation to improve the security of Taiwan.
Sec. 5122. Millennium Challenge Corporation candidate country reform.
Sec. 5123. Extension of sunset.
Sec. 5124. Strategy and grant program to promote internet freedom in Iran.
TITLE LII—JUDICIARY MATTERS
Subtitle A—Law Enforcement And Victim Support Act of 2024
Sec. 5201. Short title.
Sec. 5202. Project Safe Childhood Act.
Sec. 5203. Administrative False Claims Act of 2023.
Subtitle B—Other Matters
Sec. 5211. Modernizing law enforcement notification.
TITLE LIII—NATURAL RESOURCES MATTERS
Subtitle A—WILD Act
Sec. 5301. Short title.
Sec. 5302. Partners for Fish and Wildlife Act.
Sec. 5303. African Elephant Conservation Act.
Sec. 5304. Asian Elephant Conservation Act of 1997.
Sec. 5305. Rhinoceros and Tiger Conservation Act of 1994.
H. R. 5009—23
Sec. 5306. Great Ape Conservation Act of 2000.
Sec. 5307. Marine Turtle Conservation Act of 2004.
Sec. 5308. Reporting requirements.
Subtitle B—Other Matters
Sec. 5311. Reauthorization of Upper Colorado and San Juan River Basins endan-
gered fish and threatened fish recovery implementation programs.
TITLE LIV—TELECOMMUNICATIONS-RELATED MATTERS
Sec. 5401. Short title.
Sec. 5402. Definitions.
Sec. 5403. FCC auction of certain licenses.
Sec. 5404. Spectrum auction trust fund.
Sec. 5405. Increase in limitation on expenditure under secure and trusted commu-
nications networks reimbursement program.
TITLE LV—TRANSPORTATION AND INFRASTRUCTURE MATTERS
Sec. 5501. GAO study and report on intentional disruption of the national airspace
system.
Sec. 5502. Frank A. Lobiondo National Aerospace Safety and Security Campus.
TITLE LVI—HOMELAND SECURITY-RELATED MATTERS
Subtitle A—Securing Adjacent Federal Property
Sec. 5601. Short title.
Sec. 5602. Definitions.
Sec. 5603. Government-wide study.
Subtitle B—Other Matters
Sec. 5611. Department of Homeland Security Northern Border Mission Center.
Sec. 5612. Comptroller General report on the Homeland Security Information Net-
work.
TITLE LVII—MISCELLANEOUS
Sec. 5701. Treatment of payments from the railroad unemployment insurance ac-
count.
Sec. 5702. Extension of learning period for certain safety regulations relating to
space flight participants.
Sec. 5703. Hello Girls Congressional Gold Medal.
Sec. 5704. Extension of competitive service status authority for employees of a
Lead Inspector General for Overseas Contingency Operation.
Sec. 5705. Readmission requirements for servicemembers.
DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI—INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Increase in employee compensation and benefits authorized by law.
Sec. 6105. Restriction on conduct of intelligence activities.
TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII—INTELLIGENCE COMMUNITY MATTERS
Subtitle A—Intelligence Community Generally
Sec. 6301. Improvements relating to conflicts of interest in the Intelligence Innova-
tion Board.
Sec. 6302. National Threat Identification and Prioritization Assessment and Na-
tional Counterintelligence Strategy.
Sec. 6303. Prohibition on availability of funds for certain activities of the Overt
Human Intelligence and Open Source Intelligence Collection Programs
of the Office of Intelligence and Analysis of the Department of Home-
land Security.
H. R. 5009—24
Sec. 6304. Improvements to advisory board of National Reconnaissance Office.
Sec. 6305. National Intelligence University acceptance of grants.
Sec. 6306. Expenditure of funds for certain intelligence and counterintelligence ac-
tivities of the Coast Guard.
Sec. 6307. Codification of the National Intelligence Management Council.
Sec. 6308. Responsibilities and authorities of the Director of National Intelligence.
Sec. 6309. Formalized counterintelligence training for Department of Energy per-
sonnel.
Subtitle B—Matters Relating to Central Intelligence Agency
Sec. 6311. Requirements for the Special Victim Investigator.
Subtitle C—Reports and Other Matters
Sec. 6321. Extension of requirement for annual report on strikes undertaken by the
United States against terrorist targets outside areas of active hostilities.
Sec. 6322. Budget transparency for open-source intelligence activities.
Sec. 6323. Report on the mission effect of civilian harm.
TITLE LXIV—COUNTERING FOREIGN THREATS
Subtitle A—People’s Republic of China
Sec. 6401. Assessment of current status of biotechnology of People’s Republic of
China.
Sec. 6402. Report on the economic outlook of China.
Sec. 6403. Intelligence sharing with law enforcement agencies on synthetic opioid
precursor chemicals originating in People’s Republic of China.
Sec. 6404. Report on efforts of the People’s Republic of China to evade United
States transparency and national security regulations.
Sec. 6405. Assessment on recruitment of Mandarin speakers.
Subtitle B—The Russian Federation
Sec. 6411. Report on Russian Federation sponsorship of acts of international ter-
rorism.
Sec. 6412. Assessment of likely course of war in Ukraine.
Sec. 6413. Ukraine lessons learned working group.
Subtitle C—International Terrorism
Sec. 6421. Assessment and report on the threat of ISIS-Khorasan to the United
States.
Subtitle D—Other Foreign Threats
Sec. 6431. Assessment of visa-free travel to and within Western Hemisphere by na-
tionals of countries of concern.
Sec. 6432. Office of Intelligence and Counterintelligence review of visitors and as-
signees.
Sec. 6433. Assessment of the lessons learned by the intelligence community with
respect to the Israel-Hamas war.
Sec. 6434. Central Intelligence Agency intelligence assessment on Tren de Aragua.
Sec. 6435. Assessment of Maduro regime’s economic and security relationships with
state sponsors of terrorism and foreign terrorist organizations.
Sec. 6436. Continued congressional oversight of Iranian expenditures supporting
foreign military and terrorist activities.
Sec. 6437. Analyses and impact statements regarding proposed investment into the
United States.
TITLE LXV—EMERGING TECHNOLOGIES
Sec. 6501. Intelligence strategy to counter foreign adversary efforts to utilize bio-
technologies in ways that threaten United States national security.
Sec. 6502. Improvements to the roles, missions, and objectives of the National
Counterproliferation and Biosecurity Center.
Sec. 6503. Enhancing capabilities to detect foreign adversary threats relating to bi-
ological data.
Sec. 6504. Establishment of Artificial Intelligence Security Center.
Sec. 6505. Sense of Congress encouraging intelligence community to increase pri-
vate sector capital partnerships and partnership with Federal partners
to secure enduring technological advantages.
Sec. 6506. Enhancement of authority for intelligence community public-private tal-
ent exchanges.
Sec. 6507. Sense of Congress on hostile foreign cyber actors.
Sec. 6508. Deeming ransomware threats to critical infrastructure as national intel-
ligence priority.
H. R. 5009—25
Sec. 6509. Enhancing public-private sharing on manipulative adversary practices in
critical mineral projects.
TITLE LXVI—SECURITY CLEARANCES AND INTELLIGENCE COMMUNITY
WORKFORCE IMPROVEMENTS
Subtitle A—Security Clearances and Controlled Access Program Improvements
Sec. 6601. Security clearances held by certain former employees of intelligence com-
munity.
Sec. 6602. Limitation on availability of funds for new controlled access programs.
Sec. 6603. Limitation on transfers from controlled access programs.
Sec. 6604. Data with respect to timeliness of polygraph examinations.
Subtitle B—Workforce Improvements
Sec. 6611. Enabling intelligence community integration.
Sec. 6612. Appointment of spouses of certain Federal employees.
Sec. 6613. Plan for staffing the intelligence collection positions of the Central Intel-
ligence Agency.
Sec. 6614. Congressional notifications and summaries of misconduct regarding em-
ployees within the intelligence community.
Sec. 6615. Modification to waiver for post-service employment restrictions.
Sec. 6616. Intelligence community recruitment for certain security-cleared sepa-
rating military members.
Sec. 6617. Strategy to strengthen intelligence community recruitment efforts in the
United States territories.
Sec. 6618. Pilot program on establishing a geospatial workforce development pro-
gram.
TITLE LXVII—WHISTLEBLOWERS
Sec. 6701. Improvements to urgent concerns submitted to Inspectors General of the
Intelligence Community.
Sec. 6702. Protection for individuals making authorized disclosures to inspectors
general of elements of the intelligence community.
Sec. 6703. Clarification of authority of certain Inspectors General to receive pro-
tected disclosures.
TITLE LXVIII—UNIDENTIFIED ANOMALOUS PHENOMENA
Sec. 6801. Comptroller General of the United States review of All-domain Anomaly
Resolution Office.
Sec. 6802. Sunset of requirements relating to audits of unidentified anomalous phe-
nomena historical record report.
TITLE LXIX—OTHER MATTERS
Sec. 6901. Modification and repeal of reporting requirements.
Sec. 6902. Technical amendments.
DIVISION G—DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL
YEAR 2025
Sec. 7001. Short title; table of contents.
Sec. 7002. Definitions.
TITLE LXXI—WORKFORCE MATTERS
Sec. 7101. Competitive local compensation plan.
Sec. 7102. Strategy for targeted recruitment of civil servants.
Sec. 7103. Electronic medical records.
Sec. 7104. Portability of professional licenses.
Sec. 7105. Expanding opportunities for Department-paid student internship pro-
gram.
Sec. 7106. Career intermission program adjustment to enhance retention.
Sec. 7107. Assignment process modernization.
Sec. 7108. Report on modifying consular tour and first tours requirements.
Sec. 7109. Per diem allowance for newly hired members of the Foreign Service.
Sec. 7110. Termination of residential or motor vehicle leases and telephone service
contracts for members of the Foreign Service.
Sec. 7111. Needs-based childcare subsidies enrollment period.
Sec. 7112. Comptroller General report on Department traveler experience.
Sec. 7113. Semiannual report on global footprint.
Sec. 7114. Report on former Federal employees advising foreign governments.
Sec. 7115. Authority to pay for or reimburse for certain security services.
TITLE LXXII—ORGANIZATION AND OPERATIONS
Sec. 7201. State-of-the-art building facilities.
H. R. 5009—26
Sec. 7202. Presence of chiefs of mission at diplomatic posts.
Sec. 7203. Periodic Inspector General reviews of chiefs of mission.
Sec. 7204. Special Envoy for Sudan.
Sec. 7205. Special Envoy for Belarus.
Sec. 7206. National Museum of American Diplomacy.
Sec. 7207. Overseas buildings due diligence.
Sec. 7208. Restrictions on the use of funds for solar panels.
Sec. 7209. Responsiveness to Congressional Research Service inquiries and Con-
gressional Budget Office inquiries.
Sec. 7210. Expedited opening of diplomatic missions.
Sec. 7211. Report on United States Consulate in Chengdu, People’s Republic of
China.
Sec. 7212. Personnel reporting.
Sec. 7213. Support co-location with allied partner nations.
Sec. 7214. Streamline qualification of construction contract bidders.
Sec. 7215. Continuation of rest and recuperation and overseas operations leave.
Sec. 7216. Overseas crisis response system and strategy.
TITLE LXXIII—INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 7301. Realigning the Regional Technology Officer Program.
Sec. 7302. Measures to protect Department devices from the proliferation and use
of foreign commercial spyware.
Sec. 7303. Report on cloud computing in Bureau of Consular Affairs.
Sec. 7304. Information technology pilot projects.
Sec. 7305. Leveraging approved technology for administrative efficiencies.
TITLE LXXIV—PUBLIC DIPLOMACY
Sec. 7401. United States Agency for Global Media.
Sec. 7402. Extension of authorizations to support United States participation in
international fairs and expos.
Sec. 7403. Research and scholar exchange partnerships.
TITLE LXXV—DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 7501. Human trafficking authority.
Sec. 7502. Congressional notification for Serious Security Incidents.
Sec. 7503. Notifications regarding security decisions at diplomatic posts.
Sec. 7504. Security clearance suspension pay flexibilities.
Sec. 7505. Modification to notification requirement for security clearance suspen-
sions and revocations.
Sec. 7506. Passport automation modernization.
Sec. 7507. Passport acceptance, courier services, and expiration dates.
Sec. 7508. Passport system reform and backlog prevention.
Sec. 7509. Sean and David Goldman International Child Abduction Prevention and
Return Act of 2014 Act amendments.
TITLE LXXVI—UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
Sec. 7601. Personal service agreement authority for the United States Agency for
International Development.
Sec. 7602. Crisis operations and disaster surge staffing.
Sec. 7603. Education allowance while on military leave.
Sec. 7604. Inclusion in the pet transportation exception to the Fly America Act.
TITLE LXXVII—DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL
DETENTION
Sec. 7701. Hostage recovery support.
Sec. 7702. Options and strategies for reducing likelihood of United States nationals
being unlawfully or wrongfully detained or taken hostage.
Sec. 7703. Additional funding for sanctions implementation.
Sec. 7704. Enhancing United States travel advisories.
Sec. 7705. Coordination with transportation authorities and industry on travel
advisories.
Sec. 7706. Privacy Act waiver and passport renewals.
Sec. 7707. Timeline for unlawful or wrongful detention determinations.
Sec. 7708. Declarations of invalidity.
TITLE LXXVIII—OTHER MATTERS
Sec. 7801. Authorization of appropriations to promote United States citizen employ-
ment at the United Nations and international organizations.
Sec. 7802. Amendment to Rewards for Justice program.
H. R. 5009—27
Sec. 7803. United States-Africa Leaders Summit and related matters.
Sec. 7804. Summit of the Americas.
Sec. 7805. Extension of certain payment in connection with the International Space
Station.
Sec. 7806. Inclusion of cost associated with producing reports.
Sec. 7807. Fentanyl reporting and authorities.
Sec. 7808. Strengthening tracking of Tranq.
Sec. 7809. SIGAR sunset and transition.
Sec. 7810. Coordinator for Afghan Relocation Efforts.
Sec. 7811. Feasibility study for reimbursement of certain expenses of persons evac-
uated from Afghanistan.
Sec. 7812. Extensions.
SEC. 3. DEFINITIONS.
In this Act:
(1) In divisions A through D, the term ‘‘this Act’’ refers
to divisions A through D.
(2) The term ‘‘congressional defense committees’’ has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, jointly submitted for printing
in the Congressional Record by the Chairmen of the House and
Senate Budget Committees, provided that such statement has been
submitted prior to the vote on passage in the House acting first
on the conference report or amendment between the Houses.
SEC. 5. JOINT EXPLANATORY STATEMENT.
The joint explanatory statement regarding this Act, printed
in the House section of the Congressional Record on or about
December 11, 2024, by the Chairman of the Committee on Armed
Services of the House of Representatives and the Chairman of
the Committee on Armed Services of the Senate, shall have the
same effect with respect to the implementation of this Act as
if it were a joint explanatory statement of a committee of conference.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Centralized Security Monitoring Program for facilities of the Army.
Sec. 112. Pilot program on the use of robotic targets to enhance the lethality of the
reserve components of the Army.
Sec. 113. Plan for additional kinetic effectors for low, slow, small unmanned air-
craft integrated defeat system of the Army.
Sec. 114. Report on procurement of energetic materials from sources outside of the
United States.
Subtitle C—Navy Programs
Sec. 121. Modifications to procurement authorities for certain amphibious ship-
building programs.
Sec. 122. Modification of requirement to incorporate advanced degaussing systems
into Arleigh Burke class destroyers.
H. R. 5009—28
Sec. 123. Extension of prohibition on availability of funds for Navy port waterborne
security barriers.
Sec. 124. Modification of annual report on cost targets for certain aircraft carriers.
Sec. 125. Designation of official responsible for autonomous surface and underwater
dual-modality vehicles.
Sec. 126. Multiyear procurement authority for CH–53K aircraft and T408 engines.
Sec. 127. Recapitalization of tactical fighter aircraft of the Navy Reserve.
Sec. 128. Limitation on the construction of the Landing Ship Medium.
Sec. 129. Limitation on availability of funds for Constellation-class frigate program
pending certification on basic and functional design.
Sec. 130. Limitation on structural improvements and electrical power upgrades for
AH–1Z and UH–1Y helicopters.
Sec. 131. Annual report on surface ship suppliers.
Subtitle D—Air Force Programs
Sec. 141. Extension of limitations and minimum inventory requirement relating to
RQ–4 aircraft.
Sec. 142. Annual report on Air Force tactical fighter aircraft force structure.
Sec. 143. Modifications to inventory requirements for certain aircraft.
Sec. 144. Extension of prohibition on certain reductions to inventory of E–3 air-
borne warning and control system aircraft.
Sec. 145. Extension of requirements relating to C–130 aircraft.
Sec. 146. Management of temporary relocation of B–1 bomber aircraft and per-
sonnel.
Sec. 147. Consolidation of authorities relating to Air Force landing gear.
Sec. 148. Recapitalization of air refueling tanker aircraft of the reserve components
of the Air Force.
Sec. 149. Prohibition on reduction of KC–135 aircraft in PMAI of the reserve com-
ponents.
Sec. 150. Prohibition on retirement of F–15E aircraft and requirement to conduct
fighter aircraft capabilities and requirements study.
Sec. 151. Notification of delays in delivery of MH–139 aircraft.
Sec. 152. Plan and requirements for fielding air base air defense sites at Air Force
installations.
Sec. 153. Plan for establishment and maintenance of F–16 simulators at Air Na-
tional Guard training centers.
Sec. 154. Plan for sustainment and recapitalization of Air National Guard fighter
fleet.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Modification to Air Force and Navy use of commercial dual-use parts in
certain aircraft and engines.
Sec. 162. Measures to increase supply chain resiliency for small unmanned aerial
systems.
Sec. 163. Policy on qualifications of contractors for into-plane fuel deliveries for
heavy-lift aircraft.
Sec. 164. Prohibition on operation, procurement, and contracting related to foreign-
made light detection and ranging technology.
Sec. 165. Limitation on procurement of F–35 aircraft pending certification on im-
provements and correction of deficiencies.
Sec. 166. Assessments of inventory requirements for air-to-air missiles.
Sec. 167. Plan for signals intelligence capabilities of armed overwatch aircraft.
Subtitle A—Authorization of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2025 for procurement for the Army, the Navy and the Marine
Corps, the Air Force and the Space Force, and Defense-wide activi-
ties, as specified in the funding table in section 4101.
H. R. 5009—29
Subtitle B—Army Programs
SEC. 111. CENTRALIZED SECURITY MONITORING PROGRAM FOR
FACILITIES OF THE ARMY.
(a) IN GENERAL.—The Secretary of the Army, in coordination
with the heads of relevant organizations of the Department of
Defense and other departments and agencies of the Federal Govern-
ment, shall develop a plan for the implementation of a Centralized
Security Monitoring Program (referred to in this section as the
‘‘Program’’) for installations and facilities of the Department of
the Army within the United States.
(b) ELEMENTS.—The plan required by subsection (a) shall
include the following:
(1) PROPOSED
SECURITY
SOLUTION.—A proposal for the
development and implementation of a cost-effective, scalable
solution to modernize and centralize security operations across
Army facilities in the United States with full consideration
given to minimizing operational impacts while maximizing
technological advantages for enhanced security.
(2) LOCATIONS.—Identification of at least three military
installations selected to host the Program. These locations
shall—
(A) serve as the primary hubs for the continuous moni-
toring of installation security across all installations of
the Department of the Army in the United States;
(B) represent a mix of large and extra-large facilities,
as defined by the 2016 business case analysis conducted
by the Provost Marshal General of the Army; and
(C) be chosen based on geographical diversity and their
strategic importance to the Army’s overall security infra-
structure.
(3) COST.—A comprehensive breakdown of the full costs
of the Program, including—
(A) initial capital expenditure for system implementa-
tion;
(B) the cost of networking all installations and facilities
across the Department of the Army within the United
States;
(C) estimated operation and maintenance costs;
(D) a detailed funding schedule with expenditures pro-
jected across the period covered by the most recent future-
years defense program submitted to Congress under section
221 of title 10, United States Code (as of the date of
the plan); and
(E) identification of potential cost-saving opportunities
from the consolidation of current security monitoring sys-
tems.
(4) ANALYSIS OF VIABILITY.—An assessment of the viability
of funding and sustaining the Program across the period cov-
ered by the most recent future-years defense program submitted
to Congress under section 221 of title 10, United States Code
(as of the date of the plan), considering—
(A) the financial impact relative to existing Army secu-
rity infrastructure budgets;
H. R. 5009—30
(B) cost-benefit analysis of upgrading existing systems
versus implementing new technologies at each selected
location; and
(C) identification of technological challenges or barriers
to implementing modern monitoring solutions.
(5) AUTHORITIES.—A list of any additional authorities,
appropriations, or other resources necessary to ensure the suc-
cess of the Program.
(c) SUBMITTAL
TO CONGRESS.—Not later than September 1,
2025, the Secretary of the Army shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a completed version of the plan developed under subsection (a).
(d) LIMITATION
ON COMMENCEMENT.—The Secretary of the
Army may not commence implementation of the Program until
the date on which the Secretary certifies to the congressional
defense committees that sufficient appropriations for military
construction and operational costs have been programmed to fund
the Program.
(e) DEADLINE FOR IMPLEMENTATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary of the Army shall implement the Program by not
later than January 1, 2027.
(2) ALTERNATIVE IMPLEMENTATION DATE.—In the event the
certification described in subsection (d) is not submitted on
or before January 1, 2027, the Secretary of the Army shall
implement the Program as soon as practicable after the date
on which such certification is so submitted.
SEC. 112. PILOT PROGRAM ON THE USE OF ROBOTIC TARGETS TO
ENHANCE THE LETHALITY OF THE RESERVE COMPO-
NENTS OF THE ARMY.
(a) ESTABLISHMENT.—The Secretary of the Army shall carry
out a pilot program under which the Secretary incorporates the
use of moving robotic target systems into live fire training provided
to select infantry units of the reserve and National Guard compo-
nents of the Army.
(b) DESIGNATION.—The pilot program under subsection (a) shall
be known as the ‘‘Lethality and Warfighting Enhancement Pro-
gram’’.
(c) LOCATIONS.—The Secretary of the Army shall select not
fewer than three military installations at which to conduct the
pilot program under subsection (a).
(d) OBJECTIVES.—The objectives of the pilot program under
subsection (a) shall be—
(1) to increase the lethality of the combined fighting force
of the Army by providing reserve component and National
Guard infantry units with the opportunity to conduct realistic
live fire training on state-of-the-art moving robotic target sys-
tems; and
(2) to demonstrate the effect of such training on small
arms proficiency and lethality in ground combat operations.
(e) SELECTION OF PARTICIPATING UNITS.—The Secretary of the
Army shall select infantry units of the reserve components of the
Army to participate in the pilot program under subsection (a) taking
into consideration—
(1) the past performance of the unit;
H. R. 5009—31
(2) the readiness status of the unit, with an emphasis
on providing training to those units designated as preparing
to deploy or at a similarly designated readiness status; and
(3) the likelihood that a unit would be actively deployed
or commanded to conduct decisive action.
(f) COMMENCEMENT.—The Secretary of the Army shall com-
mence the pilot program under subsection (a) not later than 180
days after the date of the enactment of this Act.
(g) TERMINATION.—The pilot program under subsection (a) shall
terminate five years after the date of the enactment of this Act.
(h) BRIEFINGS.—Not later than 90 days after concluding activi-
ties under the pilot program at a military installation selected
under subsection (c), the Secretary of the Army shall provide to
the Committees on Armed Services of the Senate and the House
of Representatives a briefing that includes a description of—
(1) the manner in which the program was conducted at
such installation; and
(2) any results achieved under the program at such installa-
tion.
(i) CONTRACT AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Army is authorized
to enter into one or more contracts for the procurement of
moving robotic target systems for use in the pilot program
under subsection (a).
(2) REQUIRED CAPABILITIES.—Robotic target systems pro-
cured under paragraph (1) shall be capable of—
(A) conducting multiple realistic offensive and defen-
sive scenarios in a single training session that are con-
sistent with combat operations;
(B) operating in an unpredictable, realistic, and reac-
tionary fashion;
(C) objectively scoring trainee performance;
(D) maneuvering across diverse geographic landscapes,
including snow, ice, soft soils, extreme heat, extreme cold,
wooded terrain and offroad areas;
(E) operating at distances greater than 100 yards from
the range operator;
(F) surviving live fire from 6.8 mm rounds and the
Next Generation Squad Weapon of the Army; and
(G) fully functioning in all reasonably expected weather
conditions.
SEC. 113. PLAN FOR ADDITIONAL KINETIC EFFECTORS FOR LOW,
SLOW, SMALL UNMANNED AIRCRAFT INTEGRATED DEFEAT
SYSTEM OF THE ARMY.
(a) PLAN REQUIRED.—The Secretary of the Army shall develop
and implement a plan for the procurement and fielding of additional
kinetic effectors for the low, slow, small unmanned aircraft
integrated defeat system of the Army (FS–LIDS and M–LIDS).
(b) BRIEFING.—Not later than September 30, 2025, the Sec-
retary of the Army shall provide to the congressional defense
committees a briefing on the plan developed under subsection (a).
SEC. 114. REPORT ON PROCUREMENT OF ENERGETIC MATERIALS
FROM SOURCES OUTSIDE OF THE UNITED STATES.
(a) REPORT.—Not later than September 30, 2025, the Secretary
of the Army shall submit to the congressional defense committees
a report on the procurement, by the Army from sources outside
H. R. 5009—32
of the United States, of energetic materials that are otherwise
available from Federal Government-owned production facilities.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A list of all energetic materials that are in production
at a Federal Government-owned production facility but that
are nonetheless procured by the Army from a source outside
of the United States.
(2) The authorities and production capacity the Army has
available to ensure it procures energetic materials, to the max-
imum extent practicable, from domestic sources to meet the
national security needs of the United States.
(3) An evaluation of the factors that the Army considers
when procuring energetic materials from a source outside of
the United States, including the production capacity for such
materials at Federal Government-owned production facilities,
the cost of materials, and the timelines associated with the
production of end items.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘end item’’ has the meaning given that term
in section 4863(m) of title 10, United States Code.
(2) The term ‘‘energetic materials’’ means critical chemicals
and formulations that—
(A) release large amounts of stored chemical energy;
and
(B) are capable of being used as explosives, propellants,
pyrotechnics, and reactive materials that create lethal
effects in warheads in kinetic weapons components and
systems.
Subtitle C—Navy Programs
SEC. 121. MODIFICATIONS TO PROCUREMENT AUTHORITIES FOR CER-
TAIN AMPHIBIOUS SHIPBUILDING PROGRAMS.
Section 129 of the James M. Inhofe National Defense Authoriza-
tion Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2448)
is amended—
(1) in subsection (c)—
(A) in the subsection heading, by inserting ‘‘ACROSS
PROGRAMS’’ after ‘‘ADVANCE PROCUREMENT’’; and
(B) by inserting ‘‘across programs’’ after ‘‘advance
procurement’’;
(2) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and
(3) by inserting after subsection (c) the following new sub-
section:
‘‘(d) AUTHORITY TO ENTER INTO ECONOMIC ORDER QUANTITY
CONTRACTS.—The Secretary of the Navy may use funds made avail-
able to carry out this section to enter into contracts known as
‘economic order quantity contracts’ with private shipyards and other
commercial or government entities to achieve economic efficiencies
based on production economies for major components or subsystems
of covered ships. The authority under this subsection extends to
the procurement of parts, components, and systems (including
weapon systems) common with, and required for, covered ships
under joint economic order quantity contracts.’’.
H. R. 5009—33
SEC.
122.
MODIFICATION
OF
REQUIREMENT
TO
INCORPORATE
ADVANCED DEGAUSSING SYSTEMS INTO ARLEIGH BURKE
CLASS DESTROYERS.
Section 124(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1570) is amended
by striking ‘‘fiscal year 2025’’ and inserting ‘‘fiscal year 2028’’.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR NAVY PORT WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1665), as most recently amended by section 122 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31; 137 Stat. 169), is further amended by striking ‘‘through 2024’’
and inserting ‘‘through 2025’’.
SEC. 124. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR
CERTAIN AIRCRAFT CARRIERS.
Section 126(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2035) is amended—
(1) in the subsection heading, by striking ‘‘AND CVN–81’’;
and inserting ‘‘CVN–81, AND SUBSEQUENT CARRIERS’’;
(2) in paragraph (1) by striking ‘‘and the CVN–81’’ and
inserting ‘‘the CVN–81, and each subsequent Ford-class aircraft
carrier’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘and the CVN–81’’ and inserting ‘‘the CVN–81,
and each subsequent Ford-class aircraft carrier’’; and
(B) by adding at the end the following new subpara-
graphs:
‘‘(H) A comparison of the ship cost baseline to the
most recent budget estimate available as of the date of
the report, set forth separately for costs related to—
‘‘(i) development;
‘‘(ii) procurement; and
‘‘(iii) operations and sustainment.
‘‘(I) For each contract that requires the production
of a contract performance report, estimates from the con-
tractor and program manager of—
‘‘(i) the total cost of the ship at completion, taking
into account any changes in costs known or anticipated
as of the date of the report; and
‘‘(ii) the schedule for completion of the ship, taking
into account any variances to such schedule known
or anticipated as of the date of the report.’’; and
(4) by adding at the end the following new paragraph:
‘‘(3) COMMENCEMENT AND TERMINATION OF REPORTING.—
The requirement to submit a report with respect to a Ford-
class aircraft carrier under paragraph (1) shall—
‘‘(A) begin in the year following the first fiscal year
for which funds are appropriated for the procurement of
the carrier; and
‘‘(B) end on the date the carrier reaches its obligation
work limiting date.’’.
H. R. 5009—34
SEC. 125. DESIGNATION OF OFFICIAL RESPONSIBLE FOR AUTONO-
MOUS
SURFACE
AND
UNDERWATER
DUAL-MODALITY
VEHICLES.
(a) DESIGNATION REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of the Navy
shall designate an appropriate official within the Department of
the Navy to have primary responsibility for the development and
acquisition of surface and underwater dual-modality, advanced
autonomous vehicles, consistent with warfighter requirements.
(b) PROGRAM ELEMENT.—The Secretary of the Navy shall
ensure, within budget program elements for the Navy, that there
is a dedicated program element for the development and acquisition
of surface and underwater dual-modality, advanced autonomous
vehicles.
SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR CH–53K AIR-
CRAFT AND T408 ENGINES.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 3501 of title 10, United States Code, the Secretary of the
Navy may enter into one or more multiyear contracts, beginning
with the fiscal year 2025 program year, for the procurement of
the following:
(1) CH–53K aircraft.
(2) T408 engines for such aircraft.
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year after fiscal year 2025 is subject to the availability
of appropriations or funds for that purpose for such later fiscal
year.
(c) AUTHORITY
FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts, beginning in
fiscal year 2025, for advance procurement associated with the air-
craft and engines for which authorization to enter into a multiyear
procurement contract is provided under subsection (a), which may
include procurement of economic order quantities of material and
equipment for such aircraft or engines when cost savings are achiev-
able.
SEC. 127. RECAPITALIZATION OF TACTICAL FIGHTER AIRCRAFT OF
THE NAVY RESERVE.
(a) IN GENERAL.—The Secretary of the Navy shall ensure that
all covered F–18 aircraft are—
(1) provided only to the Navy Reserve; and
(2) used to recapitalize and maintain, within the Navy
Reserve, a threat representative adversary support capability
that may be used in support of training activities of the Depart-
ment of Defense.
(b) PLAN REQUIRED.—Not later than April 15, 2025, the Sec-
retary of the Navy shall submit to the congressional defense commit-
tees a plan for the potential establishment of a deployable tactical
fighter squadron capability in the Naval Reserve using the covered
F–18 aircraft. The plan shall include—
(1) a description of any funding and other resources needed
to establish and maintain such capability; and
(2) a proposed timeline for the implementation of such
capability.
H. R. 5009—35
(c) COVERED F–18 AIRCRAFT DEFINED.—In this section, the
term ‘‘covered F–18 aircraft’’ means the eight F/A–18E/F Super
Hornet aircraft procured using funds authorized and appropriated
for the Navy during fiscal year 2023.
SEC. 128. LIMITATION ON THE CONSTRUCTION OF THE LANDING SHIP
MEDIUM.
(a) LIMITATION.—The Secretary of the Navy may not enter
into a contract or other agreement that includes a scope of work,
including priced or unpriced options, for the construction, advance
procurement, or long-lead material of the lead ship of the Landing
Ship Medium program until the Secretary certifies to the congres-
sional defense committees that basic and functional design with
respect to such ship is complete.
(b) EXEMPTION.—
(1) INAPPLICABILITY
TO
COMMERCIAL
OR
NONDEVELOP-
MENTAL ITEM.—The limitation in subsection (a) does not apply
to the lead ship of the Landing Ship Medium program if such
a ship is a commercial or nondevelopmental item.
(2) EXEMPTION
FROM
FULL
AND
OPEN
COMPETITION.—In
a case in which the exemption under paragraph (1) applies,
the service acquisition executive of the Navy may exempt a
contract or other agreement for the lead ship of the Landing
Ship Medium program from the requirements of full and open
competition under section 3201 of title 10, United States Code.
(c) DEFINITION.—In this section, the term ‘‘basic and functional
design’’ has the meaning given that term section 8669c of title
10, United States Code.
SEC. 129. LIMITATION ON AVAILABILITY OF FUNDS FOR CONSTELLA-
TION-CLASS FRIGATE PROGRAM PENDING CERTIFICATION
ON BASIC AND FUNCTIONAL DESIGN.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2025 for the Navy may be obligated or expended for the construction
of a Constellation-class frigate beyond the basic and functional
design phase (as defined in section 8669c of title 10, United States
Code) until the date on which the Secretary of Defense submits
the certification required by subsection (b).
(b) CERTIFICATION REQUIRED.—Upon final approval of 95 per-
cent of all basic and functional design drawings for the Constella-
tion-class frigate program by the designated technical authority
for the program, the Secretary of Defense shall certify to the
congressional defense committees that such drawings have been
so approved.
(c) ASSESSMENT AND EVALUATION.—Not later than 30 days after
the date on which the Secretary of Defense submits the certification
required by subsection (b), the Comptroller General of the United
States shall submit to the congressional defense committees an
assessment of—
(1) the Secretary’s compliance with this section; and
(2) the completeness of the basic and functional design
drawings described in such subsection.
(d) AVAILABILITY OF INFORMATION.—The Secretary of Defense
shall provide the Comptroller General with timely access to any
documents or other information the Comptroller General determines
necessary to fulfill the requirements of subsection (c).
H. R. 5009—36
SEC. 130. LIMITATION ON STRUCTURAL IMPROVEMENTS AND ELEC-
TRICAL POWER UPGRADES FOR AH–1Z AND UH–1Y HELI-
COPTERS.
(a) LIMITATION.—The Secretary of the Navy may not carry
out covered upgrades to AH–1Z Viper and UH–1Y Venom heli-
copters at a location other than a facility owned by the original
equipment manufacturer for such helicopters until the date on
which the Secretary certifies to the Committees on Armed Services
of the Senate and the House of Representatives that the plan
for carrying out covered upgrades at location other than a facility
owned by the original equipment manufacturer is expected—
(1) to result in levels of performance, survivability,
lethality, interoperability, mission execution, and overall safety
of the helicopter platform that match or exceed the levels
that would otherwise be achievable by completing such
upgrades at a facility owned by the original equipment manu-
facturer for the model of helicopter involved;
(2) to provide improved onboard electrical power capacity
and ensure adequate power margin for integrating future
capabilities;
(3) to improve and expand future weapons interfaces; and
(4) to allow for improved ease of maintenance.
(b) COVERED UPGRADES.—In this section, the term ‘‘covered
upgrades’’ means any structural improvements or electrical power
upgrades for AH–1Z Viper or UH–1Y Venom helicopters.
SEC. 131. ANNUAL REPORT ON SURFACE SHIP SUPPLIERS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, and once every fiscal year thereafter
through September 30, 2029, the Secretary of the Navy shall submit
to the congressional defense committees a report analyzing suppliers
of components for surface ships of the Navy.
(b) ELEMENTS.—Each report required by subsection (a) shall
include the following:
(1) An assessment of the status of each supplier of surface
ship components using the same or a similar methodology
to that used in the Navy’s evaluation tool for suppliers of
components for Columbia-class submarines.
(2) If the assessment described in paragraph (1) indicates
that the supply base of any surface ship component is in an
at-risk status, a plan for actions to stabilize that supply base.
Subtitle D—Air Force Programs
SEC. 141. EXTENSION OF LIMITATIONS AND MINIMUM INVENTORY
REQUIREMENT RELATING TO RQ–4 AIRCRAFT.
Section 9062(m)(1) of title 10, United States Code, is amended,
in the matter preceding subparagraph (A), by striking ‘‘September
30, 2028’’ and inserting ‘‘September 30, 2029’’.
SEC. 142. ANNUAL REPORT ON AIR FORCE TACTICAL FIGHTER AIR-
CRAFT FORCE STRUCTURE.
Chapter 907 of title 10, United States Code, is amended by
inserting after section 9062 the following new section:
H. R. 5009—37
‘‘§ 9062a. Annual report on Air Force tactical fighter aircraft
force structure.
‘‘(a) IN GENERAL.—Not later than April 1, 2025, and annually
thereafter through 2029, the Secretary of the Air Force, in consulta-
tion with the Director of the Air National Guard and the Com-
mander of the Air Force Reserve Command, shall—
‘‘(1) develop a 10-year tactical fighter aircraft force struc-
ture, recapitalization, training, and sustainment plan for the
active and reserve components of the Air Force; and
‘‘(2) submit to the congressional defense committees a
report on the plan.
‘‘(b) ELEMENTS OF REPORT.—The report required by subsection
(a) shall address each of the following:
‘‘(1) The appropriate mix of tactical fighter aircraft, and
associated operational risk analyses, required for the Secretary
of the Air Force to meet expected steady-state, global force
management allocation plans and geographic combatant com-
mander contingency operational plans tasked to the Air Force,
using active and reserve component tactical fighter aircraft
units.
‘‘(2) The procurement, divestment, and unit activation,
deactivation, or re-missioning plans or actions the Secretary
plans to implement, fiscal year-by-fiscal year, unit-by-unit, for
the 10-year period beginning on the date on which the report
is submitted, for each active and reserve component tactical
fighter aircraft unit existing as of such date of submittal,
including the rationale and justification for any such plans
or actions.
‘‘(3) The actions the Secretary will take to ensure that
required operational readiness rates are maintained during
any planned recapitalization, modernization, or change of mis-
sion affecting tactical fighter aircraft units.
‘‘(4) Any plans of the Secretary to augment or supplant
existing piloted tactical fighter aircraft capability or capacity
with collaborative combat aircraft increment 1 or increment
2 capability or capacity.
‘‘(5) Any plans of the Secretary to augment or supplant
existing piloted tactical fighter aircraft training events through
the acquisition and fielding of common, joint, all-domain, high-
fidelity synthetic simulation environments.
‘‘(c) FORM OF REPORT.—The report required by subsection (a)
shall be submitted in unclassified form with accompanying graphs,
tables, and charts, but may contain a classified annex.
‘‘(d) FIGHTER AIRCRAFT DEFINED.—In this section, the term
‘fighter aircraft’ has the meaning given that term in section
9062(i)(2) of this title.’’.
SEC. 143. MODIFICATIONS TO INVENTORY REQUIREMENTS FOR CER-
TAIN AIRCRAFT.
(a) TEMPORARY EXCEPTION TO MINIMUM PRIMARY MISSION AIR-
CRAFT INVENTORY.—Section 133 of the National Defense Authoriza-
tion Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 173)
is amended—
(1) in subsection (a), by striking ‘‘1,112 aircraft’’ and
inserting ‘‘1,101 aircraft’’; and
(2) in subsection (c)(1), by striking ‘‘2024’’ and inserting
‘‘2025’’.
H. R. 5009—38
(b) A-10 AIRCRAFT MINIMUM INVENTORY REQUIREMENT.—Sec-
tion 134(d) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328; 130 Stat. 2038) is amended by
striking ‘‘135 A–10 aircraft’’ and inserting ‘‘96 A–10 aircraft’’.
SEC. 144. EXTENSION OF PROHIBITION ON CERTAIN REDUCTIONS TO
INVENTORY OF E–3 AIRBORNE WARNING AND CONTROL
SYSTEM AIRCRAFT.
Section 142 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 137 Stat. 176) is amended by
inserting ‘‘or fiscal year 2025’’ after ‘‘fiscal year 2024’’.
SEC. 145. EXTENSION OF REQUIREMENTS RELATING TO C–130 AIR-
CRAFT.
(a) EXTENSION OF MINIMUM INVENTORY REQUIREMENT.—Section
146(a)(3)(B) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2455),
as amended by section 134(a) of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 173), is
amended by striking ‘‘2024’’ and inserting ‘‘2025’’.
(b) EXTENSION OF PROHIBITION ON REDUCTION OF C-130 AIR-
CRAFT ASSIGNED TO NATIONAL GUARD.—Section 146(b)(1) of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117–263; 136 Stat. 2455), as amended by
section 134(b) of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 137 Stat. 173), is amended by
striking ‘‘During fiscal years 2023 and 2024’’ and inserting ‘‘During
the period of fiscal years 2023 through 2025’’.
SEC. 146. MANAGEMENT OF TEMPORARY RELOCATION OF B–1 BOMBER
AIRCRAFT AND PERSONNEL.
Section 133 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1574), as most recently
amended by section 136 of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 174), is
further amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) TEMPORARY RELOCATION.—The Secretary of the Air Force
shall, to the extent practicable, manage the temporary relocation
of any B–1 bomber aircraft or personnel assigned to units respon-
sible for the operation and maintenance of such aircraft resulting
from planned military construction in a manner that—
‘‘(1) minimizes effects to combat readiness;
‘‘(2) mitigates the risk of concentrating a significant number
of the total B–1 bomber fleet at one location;
‘‘(3) uses the construction period to maximize expeditionary
actions such as through Bomber Task Force and Agile Combat
Employment; and
‘‘(4) takes into consideration travel options and travel dis-
tance for families and dependents of such personnel.’’.
SEC. 147. CONSOLIDATION OF AUTHORITIES RELATING TO AIR FORCE
LANDING GEAR.
(a) IN GENERAL.—The Secretary of the Air Force shall transfer
to the Air Force Sustainment Center supply chain management,
H. R. 5009—39
item management, and delegated engineering authorities for
landing gear systems of F–15EX, F–22, F–35, and T–7A aircraft.
(b) IMPLEMENTATION PLAN.—Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Air Force
shall develop and initiate an implementation plan for the transfers
required under subsection (a).
(c) REPORT.—Not later than 30 days after completing the
development of the implementation plan required under subsection
(b), the Secretary of the Air Force shall submit to the Committees
on Armed Services of the House of Representatives and the Senate
a report that includes a description of—
(1) the planned milestones for execution of the implementa-
tion plan;
(2) any data, staff, and funding needed to effectively carry
out such plan; and
(3) the progress of the Secretary in meeting such milestones
as of the date of the report.
SEC. 148. RECAPITALIZATION OF AIR REFUELING TANKER AIRCRAFT
OF THE RESERVE COMPONENTS OF THE AIR FORCE.
(a) IN GENERAL.—The Secretary of the Air Force shall replace
covered reserve KC–135 aircraft on a one-for-one basis with air
refueling tanker aircraft that have capabilities equivalent to or
exceeding the capabilities of the aircraft being replaced.
(b) ADDITIONAL REQUIREMENTS.—In carrying out subsection (a),
the Secretary of the Air Force—
(1) may not take any action that would reduce the inventory
of air refueling tanker aircraft assigned to a reserve component
below the levels set forth in the budget of the President for
fiscal year 2025 (as submitted to Congress under section 1105(a)
of title 31, United States Code); and
(2) shall ensure that, in the event a reserve component
unit is assigned a greater number of KC–135 aircraft than
are being replaced with a KC–46 or later-generation air
refueling tanker aircraft, any KC–135 aircraft remaining after
such replacement will remain within the reserve component
for redistribution within that component.
(c) WAIVER.—The Secretary of the Air Force may waive the
requirement to replace an air refueling tanker aircraft under sub-
section (a), on a case by case basis, if the Secretary determines
that such replacement would degrade the readiness of the air
refueling capability of the Air Force.
(d) SUNSET.—This section shall terminate on October 1, 2025.
(e) COVERED RESERVE KC–135 AIRCRAFT DEFINED.—In this
section, the term ‘‘covered reserve KC–135 aircraft’’ means a KC–
135 aircraft of the reserve components of the Air Force that the
Secretary of the Air Force has identified to be replaced with a
KC–46 or later-generation air refueling tanker aircraft.
SEC. 149. PROHIBITION ON REDUCTION OF KC–135 AIRCRAFT IN PMAI
OF THE RESERVE COMPONENTS.
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2025 for the Air Force may be obligated or expended to reduce
the number of KC–135 aircraft designated as primary mission air-
craft inventory within the reserve components of the Air Force.
(b) PRIMARY MISSION AIRCRAFT INVENTORY DEFINED.—In this
section, the term ‘‘primary mission aircraft inventory’’ has the
H. R. 5009—40
meaning given that term in section 9062(i)(2)(B) of title 10, United
States Code.
SEC. 150. PROHIBITION ON RETIREMENT OF F–15E AIRCRAFT AND
REQUIREMENT
TO
CONDUCT
FIGHTER
AIRCRAFT
CAPABILITIES AND REQUIREMENTS STUDY.
(a) PROHIBITION ON RETIREMENT OF F–15E AIRCRAFT.—
(1) IN GENERAL.—The Secretary of the Air Force may not
retire, prepare to retire, or place in storage or on backup
aircraft inventory status any F–15E aircraft until September
30, 2027.
(2) EXCEPTION.—The prohibition under paragraph (1) of
shall not apply to individual F–15E aircraft that the Secretary
of the Air Force determines, on a case by case basis, to be
no longer mission capable and uneconomical to repair because
of aircraft accidents, mishaps, or excessive material degradation
and non-airworthiness status of certain aircraft.
(3) RELATIONSHIP TO OTHER LAW.—The prohibition under
paragraph (1) supercedes any provision of section 9062(l) of
title 10, United States Code, that is inconsistent with such
prohibition.
(b) FIGHTER
AIRCRAFT
CAPABILITIES
AND
REQUIREMENTS
STUDY.—
(1) STUDY.—The Secretary of Defense shall seek to enter
into a contract or other agreement with a federally funded
research and development center pursuant to which the center
shall carry out—
(A) an analysis of the fighter aircraft procurement,
fielding, and divestment plan of the Department of the
Air Force, as submitted to Congress in accordance with
section 148 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 137 Stat. 178); and
(B) a fighter aircraft capability and requirements study
that estimates the number of fighter aircraft needed by
the Air Force to meet the requirements of combatant com-
manders.
(2) REPORT TO SECRETARY.—The federally funded research
and development center that carries out the study and analysis
under paragraph (1) shall submit to the Secretary of Defense
a report on the results of such study and analysis.
(3) REPORTS AND BRIEFING TO CONGRESS.—Not later than
March 15, 2026, the Secretary of Defense shall—
(A) submit to the congressional defense committees
an unaltered copy of the report received by the Secretary
under paragraph (2);
(B) submit to such committees a separate report on
the views of the Secretary with respect to the results of
the study and analysis carried out under paragraph (1),
which shall include—
(i) a detailed explanation of the strategy and meth-
odology used to conduct the study and analysis,
including any force sizing and shaping constructs, sce-
narios, and assumptions used as part of such study
and analysis; and
(ii) assessed operational risk based on the Chair-
man of the Joint Chiefs of Staff risk management
classifications set forth the most recent version of the
H. R. 5009—41
Chairman of the Joint Chiefs of Staff Manual
3105.01A, titled ‘‘Joint Risk Analysis Methodology’’;
and
(C) provide a briefing to the committees on such
results.
(c) DEFINITIONS.—In this section, the term ‘‘fighter aircraft’’
means—
(1) F–15, F–16, F–22, and F–35 aircraft; and
(2) the Next Generation Air Dominance piloted combat
aircraft.
SEC. 151. NOTIFICATION OF DELAYS IN DELIVERY OF MH–139 AIR-
CRAFT.
(a) NOTICE REQUIRED.—Not later than 30 days after becoming
aware of an expected delay in the delivery date of an MH–139
aircraft, the Secretary of the Air Force shall submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives written notice of such delay together with an explanation
of the reasons for such delay.
(b) DELIVERY
DATE
DEFINED.—In this section, the term
‘‘delivery date’’, when used with respect to an MH–139 aircraft,
means the date on which such aircraft is expected to be delivered
to the Air Force under the most recent schedule for such delivery
in effect as of the date of the enactment of this Act.
SEC. 152. PLAN AND REQUIREMENTS FOR FIELDING AIR BASE AIR
DEFENSE SITES AT AIR FORCE INSTALLATIONS.
(a) PLAN REQUIRED.—The Secretary of the Air Force, in con-
sultation with the Commander of the United States Northern Com-
mand, the Commander of United States European Command, and
the Commander of United States Indo-Pacific Command, shall
develop and implement a plan to support the fielding of air base
air defense sites at Air Force installations and other priority sites
identified by the Secretary.
(b) AIR BASE AIR DEFENSE SITE REQUIREMENTS.—Each air base
air defense site fielded under the plan required under subsection
(a) shall have the following capabilities:
(1) Expeditionary mobile protection for dispersed air bases.
(2) Fixed protection for primary air bases.
(3) Ground-based protection systems that incorporate
kinetic and non-kinetic capabilities.
(4) Counter-unmanned aircraft systems.
(5) Counter-fixed and Counter-rotary wing aircraft capabili-
ties.
(6) Counter-cruise missile capabilities.
(7) Interoperability with joint command and control net-
works.
(8) 360-degree active and passive sensors.
(9) Systems and software that enable reduced staffing.
(c) FIELDING REQUIREMENT.—Pursuant to the plan developed
under subsection (a), the Secretary shall—
(1) by not later than September 30, 2027, field a total
of not fewer than four air base air defense sites, of which
not fewer than two such sites shall be located in the United
States; and
(2) in each of fiscal years 2028 through 2031, field at
least four air base air defense sites per year, of which not
H. R. 5009—42
fewer than two of the sites fielded each year shall be located
in the United States.
(d) REPORT.—Not later than March 1, 2025, the Secretary of
the Air Force shall submit to the congressional defense committees
a report on the plan required under subsection (a).
SEC. 153. PLAN FOR ESTABLISHMENT AND MAINTENANCE OF F–16 SIM-
ULATORS AT AIR NATIONAL GUARD TRAINING CENTERS.
(a) IN GENERAL.—The Secretary of the Air Force, in coordina-
tion with the Director of the Air National Guard, shall develop
a plan to fully fund the establishment and maintenance of F–
16 simulators at training centers of the Air National Guard as
described in subsection (b).
(b) ELEMENTS.—The plan under subsection (a) shall include—
(1) an estimate of the costs of maintaining F–16 simulators
at Air National Guard training centers that have such simula-
tors as of the date of the plan;
(2) an estimate of the costs of establishing F–16 simulators
at all Air National Guard training centers that are required
to, but do not, have such simulators as of the date of the
plan, including training centers for Air National Guard units
converting from the A–10 aircraft to the F–16 aircraft; and
(3) a plan for allocating funding to pay the costs described
in paragraphs (1) and (2), including the proportion of such
funding expected to be provided by the Air Force and the
Air National Guard, respectively.
(c) REPORT.—Not later than March 1, 2025, the Secretary of
the Air Force shall submit to the congressional defense committees
a report that includes—
(1) the plan developed under subsection (a); and
(2) an assessment from the Secretary and the Chief of
the National Guard Bureau evaluating how the readiness of
Air National Guard Units requiring F–16 simulators may be
affected if such simulators are not established and maintained
at mission training centers as proposed under the plan.
SEC. 154. PLAN FOR SUSTAINMENT AND RECAPITALIZATION OF AIR
NATIONAL GUARD FIGHTER FLEET.
(a) IN GENERAL.—The Secretary of the Air Force, in consultation
with the Director of the Air National Guard, shall develop a plan
to sustain and recapitalize the fighter fleet of the Air National
Guard.
(b) ELEMENTS.—The recapitalization plan required under sub-
section (a) shall—
(1) identify each of the 25 fighter aircraft squadrons of
the Air National Guard in existence on the date of the enact-
ment of this Act;
(2) provide a plan for recapitalization of all such squadrons
at a similar rate as the fighter aircraft squadrons of the active
components of the Armed Forces, with the same combination
of legacy capability fighter aircraft and advanced capability
fighter aircraft found in fighter aircraft squadrons of the active
components of the Armed Forces;
(3) establish a timetable for a plan or actions for the
recapitalization proposed under paragraph (2), disaggregated
by fighter aircraft squadron and fiscal year, which shall identify
funding required for each fiscal year;
H. R. 5009—43
(4) assess budgetary effects on the active components of
the Armed Forces if the recapitalization plan proposed under
paragraph (2) were implemented in accordance with the
timeline established in paragraph (3); and
(5) assess the effects of such plan on the operational readi-
ness and personnel readiness of the active and reserve compo-
nents of the Armed Forces, including the effects of such plan
on the ability of such components to meet steady state and
contingency force presentation and mission requirements of
combatant commanders.
(c) REPORT.—
(1) IN GENERAL.—Not later than July 1, 2025, the Secretary
of the Air Force shall submit to the congressional defense
committees a report that includes the sustainment and
recapitalization plan required under subsection (a).
(2) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form, but may contain a classified
annex.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘advanced capability fighter aircraft’’—
(A) means the next-generation air dominance fighter
aircraft or any other fighter aircraft referenced or des-
ignated as a sixth generation airframe; and
(B) does not include unmanned fighter aircraft.
(2) The term ‘‘fifth generation’’, with respect to fighter
aircraft, means an F–22 or F–35 aircraft.
(3) The term ‘‘fighter aircraft’’ has the meaning given that
term in section 9062(i)(2) of title 10, United States Code.
(4) The term ‘‘legacy capability fighter aircraft’’ means pre-
fifth generation fighter aircraft, including an F–16, both pre-
block and post-block, F–15C/D, F–15E/EX, and A–10.
Subtitle E—Defense-wide, Joint, and
Multiservice Matters
SEC. 161. MODIFICATION TO AIR FORCE AND NAVY USE OF COMMER-
CIAL DUAL-USE PARTS IN CERTAIN AIRCRAFT AND
ENGINES.
Section 161 of the National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117–263; 10 U.S.C. 3453 note) is amended—
(1) in the section heading, by striking ‘‘USED’’;
(2) in subsection (a)(1), by inserting ‘‘new,’’ before ‘‘used’’;
and
(3) in subsection (b)(2), by inserting ‘‘, or from a certified
production approval holder pursuant to part 21 of title 14,
Code of Federal Regulations’’ before the period at the end.
SEC. 162. MEASURES TO INCREASE SUPPLY CHAIN RESILIENCY FOR
SMALL UNMANNED AERIAL SYSTEMS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall establish
and carry out an integrated set of measures—
(1) to identify risks in the supply chain for small unmanned
aerial systems (referred to in this section as ‘‘sUAS’’); and
H. R. 5009—44
(2) to increase the resiliency of such sUAS supply chain
using parts supplied by domestic sources and from allies and
partners of the United States.
(b) ELEMENTS.—The measures carried out under subsection
(a) shall include the following:
(1) DISASSEMBLY AND ANALYSIS OF COMMERCIALLY AVAIL-
ABLE FOREIGN DRONE AIRCRAFT.—Not later than 90 days after
the date of the enactment of this Act and not less frequently
than once every three years thereafter until 2034, the Secretary
of Defense shall fully disassemble a drone aircraft made by
Da Jiang Innovations or a similar commercially available sUAS
manufactured in a covered foreign country in order to—
(A) create a taxonomy for each component that cat-
egorizes the component by function, level of risk, and such
other criteria as the Secretary determines appropriate; and
(B) help assess the risk of such components for the
purposes of supply chain monitoring and visibility.
(2) SUPPLY CHAIN RISK FRAMEWORK.—Not later than 150
days after the date of the enactment of this Act and using
the taxonomy developed under paragraph (1)(A), the Secretary
of Defense shall develop a supply chain risk framework in
order to—
(A) assess the risk of each sUAS component to Depart-
ment of Defense networks or operations;
(B) for components that present a risk as determined
under subparagraph (A), identify any manufacturers of
such components are based in covered foreign countries
and evaluate whether measures to mitigate the risk posed
by such foreign-produced components are feasible or prac-
tical; and
(C) determine if any of the foreign companies in the
sUAS supply chain should be included on the list main-
tained by the Department of Defense in accordance with
section 1260H of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113
note).
(3) RESILIENT
SUPPLY
CHAIN
STRATEGY.—Not later than
180 days after the date of the enactment of this Act and
based on the analyses conducted under paragraphs (1) and
(2), the Secretary of Defense shall develop a strategy to develop
a secure and resilient domestic and allied supply chain of
critical components for sUASs, which shall include—
(A) identification of sources of supply for sUAS compo-
nents outside of a covered foreign country assessed to
present a risk under paragraph (2)(A) and the total manu-
facturing capacity of such suppliers;
(B) an assessment of the total requirement for sUASs
of the Department of Defense;
(C) a plan to increase the manufacturing capacity of
alternative sources of supply that can meet the requirement
specified in subparagraph (B), including estimated funding
needs; and
(D) a description of how existing initiatives and pro-
grams of the Department of Defense may be used to create
alternative sUAS sources of supply outside of a covered
foreign country, including recommendations for—
H. R. 5009—45
(i) using authorities available to the Department
of Defense, such as Defense Production Act authorities,
the Industrial Base Analysis and Sustainment pro-
gram, loan guarantees, or other programs; and
(ii) incentivizing private sector investment to grow
or foster domestic or allied sourcing for components
for sUASs.
(c) REPORT.—Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report that includes—
(1) a list of each component identified under subsection
(b)(1), including a description of any security vulnerabilities
associated with such component;
(2) a description of the supply chain risk framework devel-
oped under subsection (b)(2);
(3) any recommendations for the inclusion of companies
on the list described in subsection (b)(2)(C); and
(4) the full strategy developed under subsection (b)(3).
(d) FORM.—The report required under subsection (c) shall be
submitted in unclassified form, but may include a classified annex.
(e) COVERED FOREIGN COUNTRY DEFINED.—In this section, the
term ‘‘covered foreign country’’ has the meaning given that term
in section 848(e) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4871 note).
SEC. 163. POLICY ON QUALIFICATIONS OF CONTRACTORS FOR INTO-
PLANE FUEL DELIVERIES FOR HEAVY-LIFT AIRCRAFT.
(a) ESTABLISHMENT OF POLICY.—Not later than one year after
the date of the enactment of this Act, the Director of the Defense
Logistics Agency shall develop and implement a policy pursuant
to which acquisition planning shall be performed for any contract
providing for the into-plane procurement for heavy-lift aircraft of
an estimated 5,000,000 gallons or more of aviation fuel per year
within the continental United States.
(b) USE OF EVALUATION FACTORS.—As part of the acquisition
planning required under subsection (a), the Director of the Defense
Logistics Agency shall determine whether to use evaluation factors
to assess the qualifications of fixed-based operators bidding on
contracts described in such subsection. In the event the Director
determines it is appropriate to use such evaluation factors, the
factors may include the following:
(1) Whether the fixed-base operator is able to maintain
sufficient onsite fuel storage.
(2) Whether the fixed-base operator’s total number of
employees is sufficient to service military customers.
(3) Whether the fixed-based operator is capable of per-
forming a sufficient range of cargo on-load, off-load, and han-
dling operations, including for dangerous goods and cargo, for
military aircraft of all sizes.
(4) Whether the fixed-based operator has acceptable past
performance history on similar procurements.
(5) Any other factors the Director determines appropriate.
(c) CONSULTATION.—The Director of the Defense Logistics
Agency shall, as appropriate, consult with appropriate personnel
of the military departments in developing mission requirements
H. R. 5009—46
at commercial airports for purposes of the acquisition planning
required under subsection (a).
(d) HEAVY-LIFT AIRCRAFT DEFINED.—In this section, the term
‘‘heavy-lift aircraft’’ means an aircraft with a maximum gross takeoff
weight in excess of 107,000 pounds.
SEC. 164. PROHIBITION ON OPERATION, PROCUREMENT, AND CON-
TRACTING RELATED TO FOREIGN-MADE LIGHT DETEC-
TION AND RANGING TECHNOLOGY.
(a) PROHIBITION ON AGENCY OPERATION OR PROCUREMENT.—
The Secretary of Defense shall not operate or enter into or renew
a contract for the procurement of—
(1) a covered light detection and ranging technology
(referred to in this section as ‘‘LiDAR technology’’) that—
(A) is manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country;
(B) uses operating software developed in a covered
foreign country or by an entity domiciled in a covered
foreign country; or
(C) uses network connectivity or data storage located
in or administered by an entity domiciled in a covered
foreign country; or
(2) a system or systems that incorporates, interfaces with,
or otherwise uses LiDAR technology as described in paragraph
(1).
(b) EXEMPTION.—The prohibition under subsection (a) shall not
apply if the operation, procurement, or contracting action is for
the purposes of intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.
(c) WAIVER.—The Secretary of Defense may waive the prohibi-
tion under subsection (a) on a case-by-case basis if the Secretary
certifies, in writing, to the congressional defense committees that
the operation, procurement, or contracting action is required in
the national interest of the United States.
(d) EFFECTIVE DATE.—The prohibition under section (a) shall
take effect on June 30, 2026.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered foreign country’’ means any of the
following:
(A) The People’s Republic of China.
(B) The Islamic Republic of Iran.
(C) The Democratic People’s Republic of North Korea.
(D) The Russian Federation.
(2) The term ‘‘covered LiDAR company’’ means any of the
following:
(A) Hesai Technology (or any subsidiary or affiliate
of Hesai Technology).
(B) Any entity that produces or provides LiDAR and
that is included on—
(i) the Consolidated Screening List maintained by
the International Trade Administration of the Depart-
ment of Commerce; or
(ii) the civil-military fusion list maintained under
section 1260h of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 113 note).
H. R. 5009—47
(C) Any entity that produces or provides LiDAR and
that—
(i) is domiciled in a covered foreign country; or
(ii) is subject to unmitigated foreign ownership,
control or influence by a covered foreign country, as
determined by the Secretary of Defense in accordance
with the National Industrial Security Program or any
successor to such program.
(3) The term ‘‘covered LiDAR technology’’ means LiDAR
technology and any related services and equipment manufac-
tured by a covered LiDAR company.
(4) The terms ‘‘light detection and ranging’’ and ‘‘LiDAR’’
mean a sensor that emits light, often in the form of a pulsed
or modulated laser, and scans or flashes the environment to
detect and measure the range of its surroundings.
SEC. 165. LIMITATION ON PROCUREMENT OF F–35 AIRCRAFT PENDING
CERTIFICATION ON IMPROVEMENTS AND CORRECTION OF
DEFICIENCIES.
(a) LIMITATION.—The Secretary of Defense may not accept or
take delivery of covered F–35 aircraft in excess of the maximum
quantities specified in subsection (c) until the date on which the
Secretary certifies to the congressional defense committees that
the Secretary is in compliance with each of the following require-
ments:
(1) The Secretary has submitted to Congress (in accordance
with subsection (b)) and is implementing a plan, with appro-
priate actions and milestones, to develop and field F–35 aircraft
and mission systems digital-twin models across the F–35 enter-
prise.
(2) The Secretary has submitted to Congress (in accordance
with subsection (b)) and is implementing a plan, with appro-
priate actions and milestones, to procure at least one new
cooperative avionics flying test bed aircraft for the F–35 enter-
prise.
(3) The Secretary has submitted to Congress (in accordance
with subsection (b)) and is implementing a plan, with appro-
priate actions and milestones, to procure and construct a new
F–35 mission software integration laboratory to enable concur-
rent testing of TR–2 and TR–3 mission system hardware, soft-
ware, and any existing or new F–35 capabilities.
(4) The Secretary has submitted to Congress (in accordance
with subsection (b)) and is implementing a plan of corrective
actions and milestones to resolve all deficiencies and rec-
ommendations identified in the 2024 F–35 Initial Operational
Testing and Evaluation report submitted to Congress by the
Director of Operational Testing and Evaluation.
(5) The Secretary has submitted to Congress (in accordance
with subsection (b)) and is implementing a plan of corrective
actions and milestones to minimize F–35 new aircraft produc-
tion interruptions and resolve all programmatic deficiencies
associated with the new F–35 mission system radar hardware
and software related to the development, testing, acceptance,
certification, production, and fielding of the radar as identified
by the Director of the F–35 Joint Program Office.
(6) The Secretary has submitted to Congress (in accordance
with subsection (b)) and is implementing a plan of corrective
H. R. 5009—48
actions and milestones to resolve all deficiencies and rec-
ommendations identified in the report of the F–35 software
Independent Review Team commissioned by the Secretary of
the Air Force and the Director of the F–35 Joint Program
Office.
(7) The Secretary has submitted to Congress (in accordance
with subsection (b)) and is implementing a corrective action
plan with appropriate actions, milestones, necessary technical
data and other resources, and metrics for measuring improve-
ments, to address long-standing sustainment challenges and
improve fleetwide mission capable and full mission capable
rates for F–35 aircraft. At a minimum, such plan shall provide
for—
(A) completing the set-up of military service depots
and attaining the required production capacity;
(B) addressing and mitigating corrosion, particularly
in all F–35 variants, including the necessary parts, equip-
ment, technical data, and any necessary adjustments to
squadron staffing to effectively conduct corrosion inspec-
tions and work;
(C) improving the visibility and availability of assets
and parts that detract from mission capable rates; and
(D) developing mechanisms to surge supply support
for the air vehicle and engine and ensure continuity of
F–35 logistics and operations in contested environments.
(8) The Secretary has submitted all plans and corrective
action plans described in paragraphs (1) through (7) to the
congressional defense committees as required under subsection
(b).
(9) The Secretary has met the requirements of subsections
(b)(5) and (c) of section 226 of the National Defense Authoriza-
tion Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat.
196) and has submitted all documentation required to be sub-
mitted to Congress pursuant to such subsections.
(b) SUBMITTAL OF PLANS TO CONGRESS.—
(1) IN GENERAL.—The Secretary of Defense shall submit
to the congressional defense committees all plans and corrective
action plans described in paragraphs (1) through (7) of sub-
section (a).
(2) ELEMENTS.—Each plan submitted under paragraph (1)
shall include—
(A) an estimate of the total amount of funds required
to complete implementation of the plan;
(B) realistic, event-driven schedules to achieve the
objectives of the plan; and
(C) a schedule risk assessment to a minimum of 80
percent confidence level.
(3) FORM.—Each plan described in paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(c) MAXIMUM QUANTITIES.—The maximum quantities of covered
F–35 aircraft specified in this subsection are the following:
(1) Thirty F–35A aircraft.
(2) Nine F–35B aircraft.
(3) Nine F–35C aircraft.
(d) ANNUAL REPORTS.—
H. R. 5009—49
(1) IN GENERAL.—Not later than April 1, 2025, and on
an annual basis thereafter for the following five years, the
Secretary of Defense shall submit to the congressional defense
committees a report that includes a comprehensive update on
all plans that—
(A) were developed pursuant to paragraphs (1) through
(7) of subsection (a); and
(B) are being implemented by the Secretary as of the
date of the report.
(2) FORM.—Each report under paragraph (1) shall be sub-
mitted in unclassified form but may contain a classified annex.
(e) COVERED
F–35 AIRCRAFT DEFINED.—In this section, the
term ‘‘covered F–35’’ aircraft means new production F–35 aircraft—
(1) that are authorized to be procured using funds author-
ized to be appropriated by this Act or otherwise made available
for fiscal year 2025 for the Department of Defense; and
(2) the procurement of which is fully funded by the United
States.
SEC. 166. ASSESSMENTS OF INVENTORY REQUIREMENTS FOR AIR-TO-
AIR MISSILES.
(a) IN GENERAL.—The Secretary of the Air Force and the Sec-
retary of the Navy, in coordination with the commanders of the
combatant commands, shall jointly assess the sufficiency of estab-
lished inventory requirements for air-to-air missiles.
(b) ELEMENTS.—In carrying out subsection (a), the Secretary
of the Air Force and the Secretary of the Navy shall jointly—
(1) assess planned deliveries of air-to-air missiles through
2029 and the total available missiles by type in each year
through 2029;
(2) assess combined requirements for air-to-air missiles
to support operational plans of the United States Central Com-
mand, the United States Indo-Pacific Command, the United
States Northern Command, and the United States European
Command, at low, medium, and high risk;
(3) consider emerging requirements for surface-to-air
defense and collaborative combat aircraft and how those addi-
tional missions will affect inventory requirements for air-to-
air missiles;
(4) consider the sufficiency of planned acquisition for air-
to-air missiles through 2029 to meet operational requirements;
(5) consider whether continuing production of the advanced
medium-range air-to-air missile program of record through 2029
would enhance available inventories of air-to-air missiles; and
(6) develop recommendations to adjust the planned mix
of missiles, including an assessment of whether extending the
range or capability of existing air-to-air missiles would better
support combined combatant command requirements at
medium risk.
(c) REPORT.—Following the completion of the assessment
required under subsection (a), but not later than April 1, 2025,
the Secretary of the Air Force and the Secretary of the Navy
shall jointly submit to the congressional defense committees a report
on the results of the assessment, which shall include a summary
of the results of the assessment with respect to each element
specified in subsection (b).
H. R. 5009—50
(d) FORM OF REPORT.—The report required under subsection
(c) shall be submitted in unclassified form, but may include a
classified annex.
SEC. 167. PLAN FOR SIGNALS INTELLIGENCE CAPABILITIES OF ARMED
OVERWATCH AIRCRAFT.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict and the Commander
of the United States Special Operations Command shall jointly
submit to the congressional defense committees a plan for inte-
grating signals intelligence capabilities on fielded armed overwatch
aircraft.
(b) PLAN REQUIREMENTS.—At a minimum, the plan required
by subsection (a) shall—
(1) define the signals intelligence requirements for armed
overwatch aircraft, including the required signals intelligence
capabilities and the number of aircraft to be equipped with
such capabilities;
(2) articulate the resources necessary by fiscal year to
fulfill the requirements described in paragraph (1); and
(3) include any other matters the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict and
the Commander of the United States Special Operations Com-
mand consider relevant.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of certain requirements relating to the Joint Energetics
Transition Office.
Sec. 212. Modification to annual report on unfunded priorities of the Under Sec-
retary of Defense for Research and Engineering.
Sec. 213. Modification to defense laboratory education partnerships.
Sec. 214. Extension of Global Research Watch Program.
Sec. 215. Expansion of authority for technology protection features activities.
Sec. 216. Modification to personnel management authority to attract experts in
science, engineering, and certain other disciplines.
Sec. 217. Codification of the Laboratory Quality Enhancement Program.
Sec. 218. Modification to consortium on use of additive manufacturing for defense
capability development.
Sec. 219. Modification to continuous capability development and delivery program
for F–35 aircraft.
Sec. 220. Modifications to test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 221. Improvements relating to defining, identifying, and planning the artificial
intelligence workforce of the Department of Defense.
Sec. 222. Modification to artificial intelligence education strategy.
Sec. 223. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial
vehicle.
Sec. 224. Modification to innovators information repository in the Department of
Defense.
Sec. 225. Duties of Chief Digital and Artificial Intelligence Officer Governing Coun-
cil relating to artificial intelligence models and advanced artificial intel-
ligence technologies.
Sec. 226. Ensuring compliance with Department of Defense policy when awarding
research grants.
Sec. 227. Extension and modification of Directed Energy Working Group.
H. R. 5009—51
Sec. 228. National Defense Economic Competition Research Council.
Sec. 229. Agility Prime Transition Working Group.
Sec. 230. Authority for temporary assignment of employees of the Office of Stra-
tegic Capital to certain private-sector organizations.
Sec. 231. Quantum benchmarking initiative.
Sec. 232. Expansion of participation in the Digital On-Demand Program.
Sec. 233. Management and utilization of digital data to enhance maintenance ac-
tivities.
Sec. 234. Electromagnetic spectrum demonstration program.
Sec. 235. Competitive demonstration of automated target recognition algorithms.
Sec. 236. Pilot program on development of near-term use cases and demonstration
of artificial intelligence toward biotechnology applications for national
security.
Sec. 237. Pilot program on use of artificial intelligence for certain workflow and op-
erations tasks.
Sec. 238. Limitation on availability of funds for fundamental research collaboration
with certain academic institutions.
Subtitle C—Plans, Reports, and Other Matters
Sec. 241. Incorporating human readiness levels into research, development, test,
and evaluation activities.
Sec. 242. Biotechnology roadmap.
Sec. 243. Plan to advance interests of Department of Defense in matters relating
to electromagnetic spectrum in international fora.
Sec. 244. Strategic plan for quantum information science technologies within the
Department of Defense.
Sec. 245. Defense Science Board study on long-term operations and availability of
Kwajalein Atoll as a Major Range and Test Facility Base.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2025 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in the funding table in
section 4201.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. MODIFICATION OF CERTAIN REQUIREMENTS RELATING TO
THE JOINT ENERGETICS TRANSITION OFFICE.
Subsection (d) of section 148 of title 10, United States Code,
is amended to read as follows:
‘‘(d) BUDGETING AND FUNDING REQUIREMENTS.—
‘‘(1) The Secretary of Defense shall ensure that the Office
is budgeted for and funded in a manner sufficient to ensure
the Office has the staff and other resources necessary to effec-
tively carry out the responsibilities specified in subsection (c).
‘‘(2) In the budget justification materials submitted to Con-
gress in support of the Department of Defense budget for fiscal
year 2027 and each fiscal year thereafter (as submitted with
the budget of the President under section 1105(a) of title 31),
the Secretary of Defense shall include a dedicated budget line
item for the implementation of subsection (a) and for the testing
and evaluation of energetic materials and technologies by the
Office.’’.
H. R. 5009—52
SEC. 212. MODIFICATION TO ANNUAL REPORT ON UNFUNDED PRIOR-
ITIES OF THE UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING.
The second section 222e of title 10, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘the Secretary of Defense
shall’’ and inserting ‘‘the Secretary of Defense, after coordi-
nating with the Secretaries of the military departments, shall’’;
and
(2) in subsection (e)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) in the case of a military construction project, has
reached 35 percent design.’’.
SEC. 213. MODIFICATION TO DEFENSE LABORATORY EDUCATION
PARTNERSHIPS.
Section 2194(b) of title 10, United States Code, is amended—
(1) in paragraph (6), by striking ‘‘and’’ at the end;
(2) in paragraph (7), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(8) entering into new and separate contracts or cooperative
agreements with, or making grants to, the institution to provide
financial assistance for activities conducted under such partner-
ship agreement.’’.
SEC. 214. EXTENSION OF GLOBAL RESEARCH WATCH PROGRAM.
Section 4066(f) of title 10, United States Code, is amended
by striking ‘‘September 30, 2025’’ and inserting ‘‘September 30,
2035’’.
SEC. 215. EXPANSION OF AUTHORITY FOR TECHNOLOGY PROTECTION
FEATURES ACTIVITIES.
(a) EXPANSION OF AUTHORITY.—Subsection (a) of section 4067
of title 10, United States Code, is amended by striking ‘‘during
the research and development phase of such system’’ and inserting
‘‘to increase ally and partner military capability or improve coalition
interoperability’’.
(b) COST-SHARING.—Subsection (b) of such section is amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) Any contract for the design or development of an
exportability feature of a system resulting from activities under
subsection (a) for the purpose of enhancing or enabling the
exportability of the system shall include a cost-sharing provision
that requires the contractor to bear half of the cost of such activities,
or such other portion of such cost as the Secretary considers appro-
priate upon showing of good cause.’’; and
(3) in paragraph (3), as so redesignated—
(A) by inserting ‘‘or (2)’’ after ‘‘paragraph (1)’’;
(B) by inserting ‘‘or exportability feature’’ after ‘‘with
respect to a designated system’’; and
(C) in subparagraph (A), by inserting ‘‘in the case
of a designated system,’’ before ‘‘the’’.
H. R. 5009—53
SEC. 216. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY
TO ATTRACT EXPERTS IN SCIENCE, ENGINEERING, AND
CERTAIN OTHER DISCIPLINES.
Section 4092 of title 10, United States Code, is amended—
(1) in the section heading, by striking ‘‘science and
engineering’’ and inserting ‘‘science, engineering, and cer-
tain other disciplines’’;
(2) in subsection (a), by adding at the end the following
new paragraph:
‘‘(11) OFFICE OF STRATEGIC CAPITAL.—The Director of the
Office of Strategic Capital may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in finance and invest-
ment for the Office.’’; and
(3) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (D), by striking ‘‘5 scientific
and engineering positions in the Office’’ and inserting
‘‘20 scientific and engineering positions in the Office,
of which not more than 5 such positions may be posi-
tions of administration or management of the Office’’;
(ii) in subparagraph (E) by striking ‘‘5 scientific
and engineering positions in the Unit’’ and inserting
‘‘35 scientific and engineering positions in the Unit,
of which not more than 5 such positions may be posi-
tions of administration or management of the Unit’’;
(iii) in subparagraph (H), by striking ‘‘15’’ and
inserting ‘‘25’’;
(iv) in subparagraph (I), by striking ‘‘and’’ at the
end;
(v) in subparagraph (J), by adding ‘‘and’’ at the
end; and
(vi) by adding at the end the following new
subparagraph:
‘‘(K) in the case of the Office of Strategic Capital,
appoint individuals to a total of not more than 30 positions
in the Office;’’; and
(B) in paragraph (2), by amending subparagraph (A)
to read as follows:
‘‘(A) in the case of employees appointed pursuant to
subparagraphs (B), (D), (E), (H), and (K) of paragraph
(1), at a rate to be determined by the head of the organiza-
tion concerned up to 150 percent of the total annual com-
pensation payable to the Vice President under section 104
of title 3;’’.
SEC. 217. CODIFICATION OF THE LABORATORY QUALITY ENHANCE-
MENT PROGRAM.
(a) IN GENERAL.—Subchapter III of chapter 303 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 4128. Laboratory Quality Enhancement Program
‘‘(a) PROGRAM REQUIRED.—(1) The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall carry out a program under which the Secretary
H. R. 5009—54
shall establish the panels described in subsection (b) and direct
such panels—
‘‘(A) to review and make recommendations to the Secretary
with respect to—
‘‘(i) existing policies and practices affecting the science
and technology reinvention laboratories to improve the mis-
sion effectiveness of such laboratories;
‘‘(ii) new initiatives proposed by the science and tech-
nology reinvention laboratories; and
‘‘(iii) new interpretations of existing provisions of law
that would enhance the ability of a director of a science
and technology reinvention laboratory to manage the lab-
oratory and discharge the mission of the laboratory;
‘‘(B) to support implementation of current and future initia-
tives affecting the science and technology reinvention labora-
tories; and
‘‘(C) to conduct assessments or data analysis on the
effectiveness of the authorities granted to the science and tech-
nology reinvention laboratories and such other issues as the
Secretary determines to be appropriate.
‘‘(2) The program carried out pursuant to paragraph (1) shall
be known as the ‘Laboratory Quality Enhancement Program’.
‘‘(b) PANELS.—The panels described in this subsection are the
following:
‘‘(1) A panel on personnel, workforce development, and
talent management.
‘‘(2) A panel on facilities, equipment, and infrastructure.
‘‘(3) A panel on research strategy, technology transfer, and
industry and university partnerships.
‘‘(4) A panel on governance and oversight processes.
‘‘(c) COMPOSITION OF PANELS.—(1) Each panel described in para-
graphs (1) through (3) of subsection (b) may be composed of subject
matter and technical management experts from—
‘‘(A) laboratories and research centers of the Army, Navy,
and Air Force;
‘‘(B) appropriate Defense Agencies;
‘‘(C) the Office of the Under Secretary of Defense for
Research and Engineering; and
‘‘(D) such other entities as the Secretary determines to
be appropriate.
‘‘(2) The panel described in subsection (b)(4) shall be composed
of—
‘‘(A) at least one member from each of the science and
technology reinvention laboratories; and
‘‘(B) such other members as the Secretary determines to
be appropriate.
‘‘(d) GOVERNANCE
OF PANELS.—(1) The chairperson of each
panel established pursuant to subsection (a) shall be selected by
the members of the respective panel.
‘‘(2) Each panel, in coordination with the Under Secretary of
Defense for Research and Engineering, shall transmit to the Science
and Technology Executive Committee of the Department of Defense
such information or findings on topics requiring decision or approval
as the panel considers appropriate.
‘‘(e) INTERPRETATION OF PROVISIONS OF LAW.—(1) The Under
Secretary of Defense for Research and Engineering, acting under
the guidance of the Secretary, shall issue regulations regarding
H. R. 5009—55
the meaning, scope, implementation, and applicability of any provi-
sion of a statute relating to a science and technology reinvention
laboratory.
‘‘(2) In interpreting or defining under paragraph (1), the Under
Secretary shall, to the degree practicable, emphasize providing the
maximum operational flexibility to the directors of the science and
technology reinvention laboratories to discharge the missions of
their laboratories.
‘‘(3) In interpreting or defining under paragraph (1), the Under
Secretary shall, to the extent practicable, consult and coordinate
with the secretaries of the military departments and such other
agencies or entities as the Under Secretary considers relevant on
any proposed revision to regulations under paragraph (1).
‘‘(4) In interpreting or defining under paragraph (1), the Under
Secretary shall seek recommendations from the panel described
in subsection (b)(4).
‘‘(f) SCIENCE
AND
TECHNOLOGY
REINVENTION
LABORATORY
DEFINED.—In this section, the term ‘science and technology reinven-
tion laboratory’ means a Department of Defense laboratory des-
ignated as a Department of Defense science and technology reinven-
tion laboratory under section 4121 of this title.’’.
(b) CONFORMING REPEAL.—Section 211 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10
U.S.C. note prec. 4121) is repealed.
SEC. 218. MODIFICATION TO CONSORTIUM ON USE OF ADDITIVE MANU-
FACTURING FOR DEFENSE CAPABILITY DEVELOPMENT.
Section 223(c) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4841 note) is
amended—
(1) in paragraph (5), by striking ‘‘and’’ at the end;
(2) in paragraph (6), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(7) develop a process to certify new materials and processes
for fabricating flight critical parts and initiate planning for
a rapidly deployable additive manufacturing system that is
capable of fabricating replacement safety-critical parts for mili-
tary aircraft and unmanned aerial vehicles in environments
where access to traditionally manufactured replacement parts
is severely restricted.’’.
SEC. 219. MODIFICATION TO CONTINUOUS CAPABILITY DEVELOPMENT
AND DELIVERY PROGRAM FOR F–35 AIRCRAFT.
Section 225(b) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 137 Stat. 195) is amended—
(1) in paragraph (1), by striking ‘‘designate two F–35A
aircraft, two F–35B aircraft, and two F–35C aircraft’’ and
inserting ‘‘designate a total of not fewer than nine F–35A,
F–35B, or F–35C aircraft’’; and
(2) in paragraph (2)(A), by striking ‘‘Lot 19’’ and inserting
‘‘Lot 18’’.
SEC. 220. MODIFICATIONS TO TEST PROGRAM FOR ENGINEERING
PLANT OF DDG(X) DESTROYER VESSELS.
Section 221 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1599) is amended—
H. R. 5009—56
(1) in subsection (a), by adding at the end the following
new sentence: ‘‘A minimum of two motor technologies with
comparable efficiency, weight, and space characteristics that
provide minimum of 40 megawatts of reserve power, in excess
of propulsion and ship service at patrol speed, shall be tested
in full scale to mitigate program risk and provide sufficient
competition prior to down selecting to a class decision.’’;
(2) in subsection (c), by striking paragraph (1) and inserting
the following new paragraph (1):
‘‘(1) Two electrical propulsion motor technologies.’’; and
(3) in subsection (d)(1), by inserting ‘‘that incorporates two
propulsion motor technology options’’ before the period at the
end.
SEC. 221. IMPROVEMENTS RELATING TO DEFINING, IDENTIFYING, AND
PLANNING THE ARTIFICIAL INTELLIGENCE WORKFORCE
OF THE DEPARTMENT OF DEFENSE.
(a) APPOINTMENT OF RESPONSIBLE OFFICIAL .—Section 230 of
the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 10 U.S.C. note prec. 501) is amended by striking
subsection (c) and inserting the following:
‘‘(c) RESPONSIBILITY.—
‘‘(1) APPOINTMENT OF OFFICER.—Not later than April 30,
2025, the Secretary of Defense shall appoint a civilian official
responsible for the development and implementation of the
policy and implementation plan set forth in subsections (a)
and (b), respectively. The official shall be known as the ‘Chief
Digital Engineering Recruitment and Management Officer of
the Department of Defense’.
‘‘(2) ADDITIONAL
RESPONSIBILITIES.—In addition to the
responsibilities specified in paragraph (1), the Officer appointed
under such paragraph shall—
‘‘(A) fully define and identify the artificial intelligence
workforce of the Department of Defense, including by—
‘‘(i) clarifying the roles and responsibilities of the
artificial intelligence workforce and the relationship
between the artificial intelligence workforce and the
overall Department of Defense innovation workforce
and digital workforce;
‘‘(ii) coding artificial intelligence workforce roles
in workforce data systems; and
‘‘(iii) developing a qualification program for artifi-
cial intelligence workforce roles; and
‘‘(B) update the Department of Defense Human Capital
Operating Plan to be consistent with the Strategic Manage-
ment Plan of the Department and the Annual Performance
Plan of the Department relating to artificial intelligence
workforce issues, including—
‘‘(i) addressing the human capital implementation
actions planned to support the strategic goals and
priorities identified in the Agency Strategic Plan and
Annual Performance Plan; and
‘‘(ii) ensuring the use of consistent artificial intel-
ligence terminology.
‘‘(3) EXPIRATION OF APPOINTMENT.—The appointment of the
Officer under paragraph (1) shall expire on September 30,
2030.’’.
H. R. 5009—57
(b) DIGITAL ENGINEERING IMPLEMENTATION PLAN UPDATE.—
Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report that includes an update on any activities carried out
in accordance with the implementation plan required under section
230(b) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92; 10 U.S.C. note prec. 501).
(c) BRIEFING.—Not later than 240 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on—
(1) the positions included in the artificial intelligence
workforce of the Department as of the date of the briefing;
(2) any positions not identified under paragraph (1) that
should be included in the artificial intelligence workforce of
the Department;
(3) which positions require Department of Defense per-
sonnel with artificial intelligence skills;
(4) the current state of the artificial intelligence workforce
of the Department as of the ate of the briefing; and
(5) planned or proposed future requirements for the artifi-
cial intelligence workforce of the Department.
SEC. 222. MODIFICATION TO ARTIFICIAL INTELLIGENCE EDUCATION
STRATEGY.
Section 256 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1290) is amended by
adding at the end the following new subsection:
‘‘(d) ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING EDU-
CATION PLATFORMS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2025, the Chief Digital and Artificial Intelligence
Officer of the Department of Defense, in coordination with
the Under Secretary of Defense for Personnel and Readiness,
shall—
‘‘(A) develop a set of distance education courses on—
‘‘(i) the foundational concepts of artificial intel-
ligence and machine learning; and
‘‘(ii) the responsible and ethical design, develop-
ment, acquisition and procurement, deployment, and
use of artificial intelligence and machine learning
applications; and
‘‘(B) make such courses available to members of the
Armed Forces.
‘‘(2) REPORT.—Not later than 270 days after the date of
the enactment of this subsection, the Secretary of Defense
shall submit to the congressional defense committees a report
on the progress of the Chief Digital and Artificial Intelligence
Officer in implementing paragraph (1).’’.
SEC. 223. MODIFICATION OF CVN–73 TO SUPPORT FIELDING OF MQ–
25 UNMANNED AERIAL VEHICLE.
Section 219 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1680)
is amended by striking ‘‘shall’’ and all that follows and inserting
‘‘shall modify the compartments and infrastructure of the aircraft
carrier designated CVN–73 to support the fielding of the MQ–
H. R. 5009—58
25 unmanned aerial vehicle before the planned deployment date
of such vehicle.’’.
SEC. 224. MODIFICATION TO INNOVATORS INFORMATION REPOSITORY
IN THE DEPARTMENT OF DEFENSE.
Section 220 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
4061 note prec.) is amended—
(1) in subsection (a), by inserting ‘‘Chief Digital and Artifi-
cial Intelligence Office, the Defense Innovation Unit, and the’’
before ‘‘Defense Technical Information Center’’;
(2) in subsection (b), by inserting ‘‘in accordance with sub-
section (e)’’ before the period at the end;
(3) in subsection (c)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) be coordinated across the Department of Defense to
focus on small business concerns (as defined in section 3 of
the Small Business Act (15 U.S.C. 632), including—
‘‘(A) participants in the Small Business Innovation
Research Program or the Small Business Technology
Transfer Program established under section 9 of the Small
Business Act (15 U.S.C. 638);
‘‘(B) participants in the pilot program established under
section 834 of the National Defense Authorization Act for
Fiscal Year 2022 or the Rapid Defense Experimentation
Reserve of the Department of Defense; and
‘‘(C) small business concerns that are nontraditional
defense contractors (as defined in section 3014 of title
10, United States Code) that work with research, innova-
tion, and advanced project entities;’’; and
(B) in paragraph (2)—
(i) in subparagraph (C), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (D), by striking ‘‘and’’ at the
end; and
(iii) by adding at the end the following new sub-
paragraphs:
‘‘(E) the date of the initial award to the participant
from the Department of Defense; and
‘‘(F) the dates of any additional awards made to the
participant by the Department of Defense, including the
dates of any contracts or other agreements entered into
between the participant the Department of Defense; and’’;
and
(4) by adding at the end the following new subsection:
‘‘(e) UPDATES REQUIRED.—Not less frequently than once each
fiscal quarter and subject to the availability of appropriations, the
head of the Defense Technical Information Center, in coordination
with the Under Secretary of Defense for Research and Engineering,
shall update the innovators information repository established
under this section.’’.
H. R. 5009—59
SEC. 225. DUTIES OF CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE
OFFICER GOVERNING COUNCIL RELATING TO ARTIFICIAL
INTELLIGENCE
MODELS
AND
ADVANCED
ARTIFICIAL
INTELLIGENCE TECHNOLOGIES.
Section 238(d)(3)(E) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10
U.S.C. note prec. 4061) is amended—
(1) by redesignating clause (x) as clause (xi); and
(2) by inserting after clause (ix) the following new clause
(x):
‘‘(x) With respect to artificial intelligence models
and advanced artificial intelligence technologies—
‘‘(I) to identify and assess artificial intelligence
models and advanced artificial intelligence tech-
nologies that could pose a national security risk
if accessed by an adversary of the United States;
‘‘(II) to develop strategies to prevent unauthor-
ized access and usage of potent artificial intel-
ligence models by countries that are adversaries
of the United States; and
‘‘(III) to make recommendations to Congress
and relevant Federal agencies for legislative or
administrative action in the field of artificial intel-
ligence.’’.
SEC. 226. ENSURING COMPLIANCE WITH DEPARTMENT OF DEFENSE
POLICY WHEN AWARDING RESEARCH GRANTS.
Section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10
U.S.C. 4001 note) is amended—
(1) in subsection (d)(1)(B), by striking ‘‘subsection (g)’’ and
inserting ‘‘subsection (h)’’;
(2) by redesignating subsections (e) through (h) as sub-
sections (f) through (i), respectively;
(3) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) ANNUAL REVIEWS REQUIRED.—Not later than March 30,
2025, and not later than March 30 of each year thereafter—
‘‘(1) each head of a Department of Defense component
that awards grants for research shall carry out a review of
a representative sample of the research grants awarded by
the respective component in the previous fiscal year to ensure
that the component is awarding grants in compliance with
the applicable policies of the Department of Defense; and
‘‘(2) the Under Secretary of Defense for Research and
Engineering shall carry out a separate review of a representa-
tive sample of the research grants awarded by such components
in the previous fiscal year.’’; and
(4) in subsection (f), as redesignated by paragraph (1)—
(A) in paragraph (1), by inserting ‘‘and on the periodic
reviews conducted pursuant to subsection (e)’’ after ‘‘by
subsection (a)’’; and
(B) in paragraph (2)—
(i) by redesignating subparagraphs (A) through (G)
as clauses (i) through (vii), respectively, and indenting
such clauses two ems to the right;
H. R. 5009—60
(ii) by inserting before clause (i), as redesignated
by clause (i) of this subparagraph, the following new
subparagraph (A):
‘‘(A) With respect to the activities carried out under
the initiative required by subsection (a), the following:’’;
and
(iii) by adding at the end the following new
subparagraph:
‘‘(B) With respect to the periodic reviews conducted
pursuant to subsection (e), the following:
‘‘(i) The total number of research grants awarded
by the Department in the fiscal year covered by the
reviews.
‘‘(ii) The number of reviews carried out pursuant
to subsection (e)(1).
‘‘(iii) The number of reviews carried out pursuant
to subsection (e)(2).
‘‘(iv) A description of the processes by which the
heads of the components described in paragraph (1)
of subsection (e) and the Under Secretary of Defense
for Research and Engineering conducted the reviews
under such subsection.
‘‘(v) An assessment of issues identified during the
reviews carried out under subsection (e), including a
list of grants that were identified as having not been
awarded in compliance with applicable policies of the
Department of Defense.’’.
SEC. 227. EXTENSION AND MODIFICATION OF DIRECTED ENERGY
WORKING GROUP.
Section 219(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4205 note) is
amended—
(1) in paragraph (6), by adding at the end the following:
‘‘Each such briefing shall include—
‘‘(A) for each organization and element of the Depart-
ment carrying out work related to directed energy capabili-
ties, cost data and associated program elements for each
fiscal year across the period covered by the most recent
future-years defense program submitted to Congress under
section 221 of title 10, United States Code (as of the time
of the briefing); and
‘‘(B) information on any enabling work that supports
such capabilities, including—
‘‘(i) vehicle or software integration and testing;
‘‘(ii) command, control and targeting architectures;
‘‘(iii) supporting infrastructure requirements; and
‘‘(iv) workforce training.’’; and
(2) in paragraph (7), by striking ‘‘4 years’’ and inserting
‘‘9 years’’.
SEC. 228. NATIONAL DEFENSE ECONOMIC COMPETITION RESEARCH
COUNCIL.
(a) ESTABLISHMENT OF COUNCIL.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a council to identify, evaluate, and coordinate existing
research efforts, or propose new research topics, relating to
H. R. 5009—61
economic competition activities, such as economic coercion,
manipulation, or other uses of economic power to undermine
the national defense strategy of the United States and the
partners and allies of the United States.
(2) DESIGNATION.—The council established pursuant to
paragraph (1) shall be known as the ‘‘National Defense Eco-
nomic Competition Research Council’’ (referred to in this section
as the ‘‘Council’’).
(b) CHARTER
AND MISSION.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall issue a charter for the Council with a mission that includes
the following:
(1) Conducting analysis of ongoing or proposed government
and academic research relating to economic competition.
(2) Making proposals for new areas of research to increase
understanding of adversarial uses of economic tools in support
of military objectives to improve understanding of threats,
vulnerabilities, and defensive options to mitigate such threats
and vulnerabilities.
(3) Informing the tools available to the Department of
Defense to defend against such economic competition, coercion
and manipulation activities, including the use of adversarial
capital to acquire technology, real estate, or other infrastruc-
ture, or to preemptively deny access by the United States.
(4) Assessing current data needs or shortfalls impairing
understanding of threats and vulnerabilities relating to eco-
nomic competition.
(5) Convening groups, which may include academic institu-
tions, nonprofit organizations, commercial entities, other
departments and agencies of the Federal Government, and
international partners, to better understand regional require-
ments or inform the understanding of regional partners on
the threats and vulnerabilities relating to military objectives
as a result of increasing economic competition.
(6) Carrying out such other activities relating to economic
competition as the Secretary deems appropriate.
(c) PARTICIPANTS.—
(1) CO-CHAIRS.—The co-chairs of the Council shall be the
Under Secretary of Defense for Policy, the Under Secretary
of Defense for Research and Engineering, and the Under Sec-
retary of Defense for Acquisition and Sustainment.
(2) IN GENERAL.—The co-chairs of the Council shall ensure
that the Council includes participation from each of the fol-
lowing:
(A) The Office of Commercial and Economic Assess-
ment of the Air Force.
(B) The Office of Expanded Competition.
(C) The Office of Strategic Capital.
(D) The Defense Innovation Unit.
(E) The Strategic Capabilities Office.
(F) The Joint Warfighting Analysis Center (JWAC).
(G) The Office of Global Economic and Investment
Security under the Assistant Secretary of Defense for
Industrial Base Policy.
(H) The Office of Naval Research, including ONR-
Global.
(I) The Army Research Office.
H. R. 5009—62
(J) The Air Force Office of Scientific Research.
(K) The Defense Advanced Research Projects Agency.
(L) The Office of Strategic Intelligence and Analysis
under the Under Secretary of Defense for Research and
Engineering.
(M) The program office of the Minerva Research Initia-
tive.
(N) Other relevant organizations as determined by the
Secretary of Defense.
(d) INPUT FROM
THE JOINT STAFF
AND COMBATANT COM-
MANDS.—The Council shall regularly solicit input from the Joint
Staff and combatant commands on needs, problem statements, or
other topics relating to economic competition activities described
in subsection (a)(1) affecting their areas of responsibility.
(e) TERMINATION.—The Council shall terminate on December
31, 2035.
SEC. 229. AGILITY PRIME TRANSITION WORKING GROUP.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Under Sec-
retary of Defense for Research and Engineering and the Director
of the Defense Innovation Unit, shall establish a working group
to be known as the ‘‘Agility Prime Transition Working Group’’
(referred to in this section as the ‘‘Working Group’’).
(b) DUTIES.—The duties of the Working Group shall include
the following:
(1) To develop and implement a strategy to transition
capabilities developed under the Agility Prime program of the
Air Force to program executive offices of the covered Armed
Forces, as appropriate.
(2) To provide a forum for members of the Working Group
to coordinate activities relating to hybrid and electric vertical
takeoff and landing capabilities developed under the Agility
Prime program, including—
(A) research, development, testing, and evaluation
activities;
(B) demonstration activities; and
(C) activities to transition such capabilities from the
research and development phase into operational use
within the covered Armed Forces, as appropriate.
(3) To identify programs, projects, activities, and require-
ments of the covered Armed Forces that may be supported
by technologies and capabilities developed under the Agility
Prime program, including hybrid and electric vertical takeoff
and landing aircraft, advanced air mobility platforms, autono-
mous flight capabilities, test and evaluation software, and
related technologies.
(4) To identify requirements of the combatant commands
and the covered Armed Forces that align with previous,
ongoing, or planned efforts under the Agility Prime program.
(5) To assess whether previous, ongoing, or planned efforts
under the Agility Prime program and other vertical take off
and landing aircraft capability development efforts align with
other current, planned, or future acquisition programs of the
covered Armed Forces.
H. R. 5009—63
(6) Identify any changes to doctrine, organization, training,
materiel, leadership, personnel, facilities, and policy (commonly
known as ‘‘DOTMLPF–P’’) required to successfully integrate
hybrid and electric vertical takeoff and landing aircraft plat-
forms into future force design.
(7) To assist the Under Secretary of Defense for Acquisition
and Sustainment in preparing the reports required under sub-
section (g).
(c) MEMBERSHIP.—The Working Group shall be composed of
representatives from the following organizations:
(1) The Office of the Under Secretary of Defense for Acquisi-
tion and Sustainment.
(2) The military departments.
(3) The Joint Chiefs of Staff.
(4) The Office of the Under Secretary of Defense for
Research and Engineering.
(5) The Defense Innovation Unit.
(6) The Office of Strategic Capital.
(7) The United States Special Operations Command.
(8) The United States Transportation Command.
(9) Such other organizations and elements of the Depart-
ment of Defense as the Chairperson of the Working Group
determines appropriate.
(d) CHAIRPERSON.—The Under Secretary of Defense for Acquisi-
tion and Sustainment, or the designee of the Under Secretary,
shall serve as the Chairperson of the Working Group.
(e) MEETINGS.—The Working Group shall meet not less fre-
quently than twice each year at the call of the Chairperson.
(f) TERMINATION.—The working group shall terminate on Sep-
tember 30, 2027.
(g) ANNUAL REPORTS.—Not later than September 30, 2025,
and not later than September 30 of each year thereafter through
2027, the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense committees
a report on the efforts of the Working Group. Each report shall
include, with respect to the year covered by the report, information
on—
(1) any funding under the categories of research, develop-
ment, test, and evaluation, procurement, or operation and
maintenance that is expected to be used for further development
or procurement of hybrid and electric vertical takeoff and
landing capabilities in the fiscal year of the report and the
in the following fiscal year;
(2) any planned transitions of hybrid and electric vertical
takeoff and landing technologies to—
(A) acquisition programs of the covered Armed Forces;
or
(B) research, development, test, and evaluation pro-
grams of the covered Armed Forces.
(3) any actions taken by the Working Group;
(4) any milestones achieved by the Working Group; and
(5) such other matters as the Under Secretary determines
appropriate.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘Agility Prime program’’ means the program
of the Air Force under which the Air Force is developing hybrid
and electric vertical takeoff and landing capabilities in
H. R. 5009—64
collaboration with partners in commercial industry and other
sectors.
(2) The term ‘‘covered Armed Forces’’ means the Army,
Navy, Air Force, Marine Corps, and Space Force.
SEC. 230. AUTHORITY FOR TEMPORARY ASSIGNMENT OF EMPLOYEES
OF THE OFFICE OF STRATEGIC CAPITAL TO CERTAIN PRI-
VATE-SECTOR ORGANIZATIONS.
(a) AUTHORIZATION.—Using the authority provided under sec-
tion 1599g of title 10, United States Code, the Secretary of Defense,
acting through the Director of the Office of Strategic Capital, may
carry out a program under which the Director arranges for the
temporary assignment of an employee of the Office to a qualifying
private-sector organization.
(b) OBJECTIVES.—The objectives of the program under sub-
section (a) shall be—
(1) to enable the Office of Strategic Capital to rapidly
acquire industry-specific context and technical competence
across high priority technology and industrial focus areas
through immersion in highly relevant emerging technology and
business ecosystems across the United States; and
(2) to enhance, among personnel of the Department—
(A) understanding of, connectivity with, and access
to knowledge about critical and emerging defense industrial
base capabilities; and
(B) understanding of the strategic role that venture
capital and private equity operations have in shaping
future sustainment and modernization requirements for
the defense industrial base.
(c) MATCHING AND TRACKING CAPABILITIES.—In carrying out
program under subsection (a), the Director of the Office of Strategic
Capital shall—
(1) use digital automation and analysis capability to opti-
mize the identification, assessment, and placement of partici-
pants within the program, which shall include the ability to
match and track private-sector organizations with employees
of the Office participating in the program in a manner that
aligns the priorities, needs, and expertise of such employees,
organizations, and the Office; and
(2) establish a database or other digital automation capa-
bility that—
(A) enables the Office to identify and track current
and former participants in the program;
(B) documents the nature of the experience such
participants had while in the program; and
(C) is suitable for potential development and expansion
to other organizations of Department of Defense in the
event the Secretary of Defense determines such expansion
is appropriate.
(d) QUALIFYING PRIVATE-SECTOR ORGANIZATION DEFINED.—In
this section, the term ‘‘qualifying private-sector organization’’ means
a private-sector organization that has functions and expertise rel-
evant to the responsibilities of the Office of Strategic Capital, which
may include organization such as a venture capital firm, private
equity firm, or other such organizations as determined appropriated
by the Director of the Office.
H. R. 5009—65
SEC. 231. QUANTUM BENCHMARKING INITIATIVE.
(a) INITIATIVE REQUIRED.—
(1) IN GENERAL.—The Director of the Defense Advanced
Research Projects Agency shall establish and carry out an
initiative to rapidly expand and support efforts to evaluate
concepts, development plans, and prototypes, components, and
subsystems needed to develop a utility-scale quantum com-
puting capability available to the Department of Defense.
(2) DESIGNATION.—The initiative established pursuant to
paragraph (1) shall be known as the ‘‘Quantum Benchmarking
Initiative’’ (referred to in this section as the ‘‘Initiative’’).
(b) ELEMENTS.—The Initiative shall include the following:
(1) Activities to broaden existing efforts of the Department
of Defense to verify and validate commercial efforts to design
and build utility-scale quantum computers, including through
collaboration with key partners in the Air Force Research Lab-
oratory, the Office of Strategic Capital, the Defense Innovation
Unit, and such other partners and organizations of the Depart-
ment of Defense as the Director of the Defense Advanced
Research Projects Agency deems appropriate.
(2) Working with the Office of Strategic Capital to establish
regular interactions with the venture capital and finance
community to help accelerate commercial efforts to develop
concepts, plans, prototypes, components, and subsystems
needed to develop viable utility-scale quantum computers.
(3) Working with the Office of the Assistant Secretary
of Defense for Industrial Base Policy to connect key performers
in fault-tolerant utility-scale quantum computing with support
for industrial bases analysis, manufacturing support, and other
analysis support to help foster and grow the broader industrial
base supporting fault-tolerant utility-scale quantum computing.
(4) Working with the military departments and other
components of the Department of Defense to refine use cases
for militarily relevant applications of utility-scale quantum com-
puters.
(c) REPEAL OF REPORTING REQUIREMENT.—Subsection (c) of sec-
tion 229 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1611; 10 U.S.C. 4001 note)
is hereby repealed.
SEC. 232. EXPANSION OF PARTICIPATION IN THE DIGITAL ON-DEMAND
PROGRAM.
(a) IN GENERAL.—The Secretary of Defense shall take such
steps as may be necessary—
(1) to expand the availability of the Digital On-Demand
Program to—
(A) all organizations and elements of the Department
of Defense; and
(B) all members of the Armed Forces and civilian
employees of the Department; and
(2) to actively promote the Program throughout the Depart-
ment.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, and on an annual basis thereafter through
2029, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
H. R. 5009—66
a report on the progress of the Secretary in expanding and pro-
moting the Digital On-Demand Program as described in subsection
(a).
(c) DIGITAL ON DEMAND PROGRAM DEFINED.—In this section,
the term ‘‘Digital On-Demand Program’’ means the program over-
seen by the Chief Digital and Artificial Intelligence Officer pursuant
to which educational resources on artificial intelligence, emerging
technologies, data literacy, and related topics are made available
to personnel of the Department of Defense through a digital plat-
form on an on-demand basis.
SEC. 233. MANAGEMENT AND UTILIZATION OF DIGITAL DATA TO
ENHANCE MAINTENANCE ACTIVITIES.
(a) POLICIES REQUIRED.—Not later than one year after the
date of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment, in consultation with the Secre-
taries of the military departments and the Chief Digital and Artifi-
cial Intelligence Officer of the Department of Defense, shall develop
and implement policies to manage and utilize data derived from
digital data systems for aircraft, ships, and ground vehicles to
inform and support maintenance activities conducted with respect
to such aircraft, ships, and vehicles.
(b) ELEMENTS.—The policies required by subsection (a) shall
include investment in advanced and scalable data infrastructure
to efficiently record, transmit, categorize, and otherwise process
data generated by digital data systems described in such subsection.
Such policies shall—
(1) require development of a strategy to invest in advanced
technologies, including automated systems and artificial intel-
ligence, to streamline the process of organizing, indexing, and
categorizing data;
(2) require work with vendors to address and resolve limita-
tions imposed by proprietary information and data, including
through the adoption of open data and open mission systems
approaches;
(3) address data transmission capabilities, such as—
(A) implementing high-speed data transfer tech-
nologies;
(B) optimizing network infrastructure; and
(C) developing secure and efficient methods for
transmitting mission-critical data between bases;
(4) require central compilation of maintenance data and
creation of user interfaces, prioritizing analysis of long-lead
components;
(5) require the use of vendor-agnostic, government-owned
tagging and interoperable systems, except in cases where there
is a compelling reason not to use such systems;
(6) require review of classification policies relating to digital
data to ensure that data is appropriately classified without
unnecessarily restricting its usability; and
(7) establish protocols for detecting unauthorized access
or intrusion into vehicle or platform systems.
(c) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisi-
tion and Sustainment shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing
on—
H. R. 5009—67
(1) the policies developed under subsection (a); and
(2) the status of the implementation of such policies.
SEC. 234. ELECTROMAGNETIC SPECTRUM DEMONSTRATION PRO-
GRAM.
(a) IN GENERAL.—Not later than November 30, 2025, the Chief
Information Officer of the Department of Defense, in coordination
with the Under Secretary of Defense for Research and Engineering
and the Director of Operational Test and Evaluation, shall complete
a demonstration program to assess the viability of using wideband
adaptive signal processing technology to support simultaneous
transmit and receive signals on the same electromagnetic spectrum
frequency band that—
(1) does not produce harmful interference;
(2) significantly reduces electromagnetic spectrum guard
bands;
(3) maintains signal quality with respect to latency and
throughput; and
(4) increases electromagnetic spectrum access within the
frequency band.
(b) LOCATION.—The demonstration program required by sub-
section (a) shall be conducted at a test and training range of
the Department of Defense.
(c) CONSULTATION.—In carrying out the demonstration program
required by subsection (a), the Chief Information Officer, the Under
Secretary, and the Director shall consult with, at a minimum,
the following:
(1) The Joint Staff.
(2) The military departments and their associated research
labs.
(3) Other Department of Defense organizations and agen-
cies.
(4) The Federal Communications Commission.
(5) The National Telecommunications and Information
Administration.
(6) Other Federal agencies.
(7) Industry and nongovernmental entities.
(d) AUTHORITY
TO ENTER INTO CONTRACTS.—Subject to the
availability of appropriations, the Chief Information Officer may
enter into such contracts or other agreements as the Chief Informa-
tion Officer considers appropriate to conduct studies and demonstra-
tion projects under the demonstration program required by sub-
section (a).
(e) BRIEFING ON PLANS FOR PROGRAM.—Not later than 60 days
after the date of the enactment of this Act, the Chief Information
Officer, the Under Secretary, and the Director shall jointly provide
to the congressional defense committees a briefing on the plans
to carry out the demonstration program required by subsection
(a).
(f) PERIODIC ASSESSMENTS OF PROGRAM.—The Chief Informa-
tion Officer, the Under Secretary, and the Director shall, periodi-
cally, assess the demonstration program required by subsection
(a) while the program is being carried out.
(g) BRIEFING ON COMPLETED PROGRAM.—Upon completion of
the demonstration program required by subsection (a), the Chief
Information Officer, the Under Secretary, and the Director shall
H. R. 5009—68
jointly provide the congressional defense committees a briefing on
their findings with respect to the demonstration program.
SEC. 235. COMPETITIVE DEMONSTRATION OF AUTOMATED TARGET
RECOGNITION ALGORITHMS.
(a) VENUE, PROCESS, AND SCENARIOS.—Not later than June
1, 2025, the Chief Digital and Artificial Intelligence Officer of the
Department of Defense, in coordination with appropriate counter-
parts in the military departments, shall develop a venue and proc-
esses, including a specified set of baseline scenarios, for comparative
testing of automated target recognition algorithms to evaluate mis-
sion efficacy.
(b) DEMONSTRATION.—Not later than September 1, 2025, the
Secretary of Defense shall use the venue developed under subsection
(a) to test the mission capability of at least two relevant programs
included in the Replicator initiative.
(c) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the activities carried out under
this section.
SEC. 236. PILOT PROGRAM ON DEVELOPMENT OF NEAR-TERM USE
CASES AND DEMONSTRATION OF ARTIFICIAL INTEL-
LIGENCE TOWARD BIOTECHNOLOGY APPLICATIONS FOR
NATIONAL SECURITY.
(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense shall
carry out a pilot program to develop near-term use cases and
demonstrations of artificial intelligence for national security-related
biotechnology applications.
(b) PUBLIC-PRIVATE PARTNERSHIPS.—The Secretary of Defense
shall carry out the pilot program required by subsection (a) through
one or more public-private partnerships entered into for purposes
of the pilot program.
(c) LABORATORY SUPPORT AND INFRASTRUCTURE.—In support
of a public-private partnership entered into under subsection (b),
the Secretary of Defense may, on a reimbursable basis, make avail-
able—
(1) the facilities and services of a Department of Defense
laboratory to perform experimentation for biotechnology
applications to aid in the validation of artificial intelligence
models; and
(2) computing and data storage infrastructure and capabili-
ties of the Department of Defense.
(d) DURATION.—The pilot program required by subsection (a)
shall—
(1) commence not later than one year after the date of
the enactment of this Act; and
(2) terminate five years after the date of the on which
the program commences under paragraph (1).
(e) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, and not later than December
1 of every other year thereafter until the termination date
specified in subsection (d)(2), the Secretary of Defense shall
submit to the congressional defense committees a report on
the pilot program.
H. R. 5009—69
(2) CONTENTS.—Each report submitted under paragraph
(1) shall include, for the period covered by the report, the
following:
(A) An assessment of existing Department of Defense
biotechnology-related data resources and how they may
be used in the pilot program.
(B) An assessment of required cybersecurity measures
for users under the pilot program.
(C) A description of any mechanisms developed for
collaboration among different parties associated with
projects under the pilot program, including intellectual
property agreements, funding agreements, and material
transfer agreements.
(D) An assessment of the role that artificial intelligence
is playing in developing biotechnology applications for
national security purposes, including identification of
commercial or academic applications used in the pilot pro-
gram.
(E) A description of near-term use cases developed
under the pilot program for artificial intelligence-enabled
biotechnology applications for national security.
(F) A description of planned, ongoing, and completed
demonstrations or other pilot programs funded under the
pilot program required by subsection (a) or otherwise
funded by the Department of Defense.
(G) An assessment of the viability of transitioning tech-
nology developed under the pilot program into operational
use within the Department, including assessment of—
(i) the resources needed for further development
and scaling of such technology; and
(ii) the potential benefits of such technology.
(3) FORM.—Each report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified annex.
(f) TRANSITION PLAN.—Not later than one year before the date
on which the pilot program terminates under subsection (d)(2),
the Secretary of Defense shall submit to the congressional defense
committees a plan that outlines what steps the Department could
take to turn the pilot program into an operational program if
authorized and funded by Congress to do so. The plan shall include
the following:
(1) A transition timeline.
(2) Associated projected annual cost of operating the pro-
gram.
(3) Additional infrastructure that might be needed,
including associated costs.
(4) A descriptive analysis of the relevant technical,
engineering and commercial biotechnology ecosystem, including
entities within the Department and external stakeholders.
(5) Examples of projects from the pilot phase of the program
and their outcomes.
(6) The potential impact to Department capabilities of
transitioning the program.
(7) Any other details deemed necessary to include by the
Secretary.
H. R. 5009—70
SEC. 237. PILOT PROGRAM ON USE OF ARTIFICIAL INTELLIGENCE FOR
CERTAIN WORKFLOW AND OPERATIONS TASKS.
(a) PILOT PROGRAM REQUIRED.—Beginning not later than 60
days after the date of the enactment of this Act, the Secretary
of Defense shall carry out a pilot program to assess the feasibility
and advisability of using artificial intelligence-enabled software to
optimize the workflow and operations for—
(1) depots, shipyards, or other manufacturing facilities run
by the Department of Defense; and
(2) contract administration for the Department, including—
(A) the adjudication and review of contracts; and
(B) activities related to the Modernization and Ana-
lytics Initiative managed by the Defense Contract Manage-
ment Agency.
(b) METHOD OF IMPLEMENTATION.—The Secretary of Defense
may carry out subsection (a) through—
(1) the establishment of a new pilot program; or
(2) the designation of an existing initiative of the Depart-
ment of Defense to serve as the pilot program required under
such subsection.
(c) SOFTWARE.—In carrying out the pilot program required by
subsection (a), the Secretary shall—
(1) use best in breed software platforms;
(2) consider industry best practices in the selection of soft-
ware programs;
(3) implement the program based on human centered
design practices to best identify the business needs for improve-
ment; and
(4) demonstrate connection to enterprise platforms of record
with authoritative data sources.
(d) CONSULTATION.—In carrying out the activities described
in subsection (a)(1) under the pilot program, the Secretary of
Defense shall consult with—
(1) the Under Secretary of Defense for Acquisition and
Sustainment;
(2) the Secretary of the Army;
(3) the Secretary of the Navy; and
(4) the Secretary of the Air Force.
(e) REPORT.—Not later than one year after the date of the
commencement of the pilot program under subsection (a), the Sec-
retary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report containing
the following information:
(1) An evaluation of each software platform used in the
pilot program.
(2) An analysis of how workflows and operations were
modified as part of the pilot program.
(3) A quantitative assessment of the impact the software
had at each of the locations in which the pilot program was
carried out.
SEC. 238. LIMITATION ON AVAILABILITY OF FUNDS FOR FUNDA-
MENTAL RESEARCH COLLABORATION WITH CERTAIN ACA-
DEMIC INSTITUTIONS.
(a) LIMITATION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
made available for the Department of Defense for fiscal year 2025
H. R. 5009—71
may be obligated or expended to award a grant or contract to
an institution of higher education for the specific purposes of con-
ducting fundamental research in collaboration with a covered entity.
(b) WAIVER.—
(1) IN GENERAL.—The Assistant Secretary of Defense for
Science and Technology may waive the limitation under sub-
section (a), on a case-by-case basis, with respect to an individual
grant or contract for an institution of higher education if the
Assistant Secretary determines that such a waiver is in the
national security interests of the United States.
(2) CONGRESSIONAL NOTICE.—Not later than 30 days after
the date on which an award is made by the Department of
Defense involving an institution of higher education with
respect to which a waiver is made under paragraph (1), the
Assistant Secretary of Defense for Science and Technology shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives notice of such waiver.
(c) REPORT ANNEX.—
(1) IN GENERAL.—On an annual basis, as a classified or
controlled unclassified information annex to the annual report
required by section 1286(f) of the John S McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115–232; 10 U.S.C. 4001 note) (as so redesignated by section
226 of this title), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report annex on the compliance
of the Department of Defense and institutions of higher edu-
cation with the requirements of this section.
(2) CONTENTS.—Each report annex submitted pursuant to
paragraph (1) shall include, for each waiver issued under sub-
section (b) during the period covered by the report—
(A) a justification for the waiver; and
(B) a detailed description of the type and extent of
any collaboration between an institution of higher edu-
cation and a covered entity allowed pursuant to the waiver,
including identification of the institution of higher edu-
cation and the covered entities involved, the type of tech-
nology involved, the duration of the collaboration, and
terms and conditions on intellectual property assignment,
as applicable, under the collaboration agreement.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘collaboration’’ means coordinated activity
between an institution of higher education and a covered entity
and includes—
(A) sharing of research facilities, resources, or data;
(B) sharing of technical know-how;
(C) any financial or in-kind contribution intended to
produce a research product;
(D) sponsorship or facilitation of research fellowships,
visas, or residence permits;
(E) joint ventures, partnerships, or other formalized
agreements for the purpose of conducting research or
sharing resources, data, or technology;
(F) inclusion of researchers as consultants, advisors,
or members of advisory or review boards; and
(G) such other activities as may be determined by
the Secretary of Defense.
H. R. 5009—72
(2) The term ‘‘covered entity’’—
(A) means an academic institution that is included
in the most recently updated list developed pursuant to
1286(c)(9) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. 4001 note); and
(B) includes any individual employed by such an aca-
demic institution.
(3) The term ‘‘fundamental research’’ has the meaning given
that term in National Security Decision Directive-189 (NSSD-
189), National Policy on the Transfer of Scientific, Technical
and Engineering Information, dated September 21, 1985, or
any successor document.
(4) The term ‘‘institution of higher education’’ has the
meaning given that term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002) and includes—
(A)
any
department,
program,
project,
faculty,
researcher, or other individual, entity, or activity of such
institution; and
(B) any branch of such institution within or outside
the United States.
Subtitle C—Plans, Reports, and Other
Matters
SEC.
241.
INCORPORATING
HUMAN
READINESS
LEVELS
INTO
RESEARCH,
DEVELOPMENT,
TEST,
AND
EVALUATION
ACTIVITIES.
(a) REVIEW.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Under Secretary of Defense for Acquisition and
Sustainment and the Under Secretary of Defense for Research
and Engineering, shall initiate a review of the ANSI/HFES
Standard 400-2021 to determine whether any elements of such
standard may be incorporated into relevant Department of Defense
procedures and guidance material—
(1) to ensure the safety and effective implementation of
technology by ensuring that human readiness levels are ade-
quately aligned with technology readiness levels; and
(2) to reduce the likelihood that technology will be deployed
before adequate human factors considerations are incorporated
into such technology.
(b) ELEMENTS.—In carrying out the review required by sub-
section (a), the Secretary of Defense—
(1) shall conduct a review of ANSI/HFES Standard 400-
2021;
(2) shall conduct a preliminary analysis of the human
readiness levels of the Department of Defense based on ANSI/
HFES Standard 400-2021 to determine whether and to what
extent those readiness levels align with the current technology
readiness levels of technology used in major research and
development programs and major defense acquisition programs
(as defined in section 4201 of title 10, United States Code);
(3) shall consult with personnel responsible for such pro-
grams regarding the effect of incorporating ANSI/HFES
H. R. 5009—73
Standard 400-2021 with respect to the schedule, cost, and
performance of such programs; and
(4) may consult with subject matter experts affiliated with
the Human Factors and Ergonomics Society.
(c) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the progress of the review required
by subsection (a).
(d) DEFINITION.—In this section:
(1) The term ‘‘ANSI/HFES Standard 400-2021’’ means
American National Standards Institute (ANSI) and Human
Factors and Ergonomics Society (HFES) Standard 400-2021
(pertaining to human readiness level scale in the system
development process).
(2) The term ‘‘human readiness level’’ means a measure-
ment system used to evaluate the suitability and usability
of a technology for human use.
(3) The term ‘‘technology readiness level’’ means a measure-
ment system used to assess the maturity level of a particular
technology.
SEC. 242. BIOTECHNOLOGY ROADMAP.
(a) ROADMAP REQUIRED.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Under Secretary of Defense for Research
and Engineering, the Under Secretary of Defense for Acquisition
and Sustainment, and the Secretaries of the military departments,
shall submit to the congressional defense committees a bio-
technology roadmap.
(b) ELEMENTS.—In the roadmap required by subsection (a),
the Secretary of Defense shall—
(1) identify the strategic objectives of the Department of
Defense relating to biotechnology;
(2) for each strategic objective, establish specific goals and
milestones for the achievement of such objective, including
timelines for meeting such goals and milestones;
(3) in the case of each updated version of the roadmap
following submittal of the initial roadmap under subsection
(a), include—
(A) a review of the goals and milestones established
under paragraph (2) to ensure such goals and milestones
continue to align with strategic objectives under paragraph
(1); and
(B) a description of any goals and milestones that
changed as a result of such review;
(4) identify the biotechnology development needs and prior-
ities for national security applications based on the strategic
objectives identified in paragraph (1);
(5) assess the technology maturity of each priority identified
pursuant to paragraph (4);
(6) describe funding sources for each priority identified
pursuant to paragraph (4), including both current sources and
sources covered by the future-years defense program submitted
to Congress under section 221 of title 10, United States Code;
H. R. 5009—74
(7) provide a plan, timeline, and metrics for research,
development, testing, and evaluation activities for the priorities
identified pursuant to paragraph (4);
(8) assess opportunities for rapid acquisition and fielding
of biotechnology in support of the priorities identified pursuant
to paragraph (4);
(9) identify and describe the role of each organization of
the Department with responsibilities relating to biotechnology
under the strategy, including investment priorities for the Office
of Strategic Capital and the Defense Advanced Research
Projects Agency;
(10) assess the overall risk to the security of the United
States of the biotechnology efforts covered by the strategy;
(11) analyze any requirements of the Federal Government
that hinder the ability of the Department to advance and use
biotechnology;
(12) provide for the development and support of the bio-
technology workforce of the Department, including personnel
with responsibilities relating directly to biotechnology and per-
sonnel who indirectly support the biotechnology efforts of the
Department such as personnel involved program management,
acquisition, investment, and legal matters;
(13) with respect to the biotechnology workforce described
in paragraph (12)—
(A) identify the total number of biotechnology positions
required to support the objectives of the roadmap—
(i) as of the date of the roadmap; and
(ii) over the periods of five and 10 years following
such date;
(B) indicate the number of such positions that have
been filled as of the date of the roadmap;
(C) describe the positions included in the biotechnology
workforce, including a description of—
(i) the role of each position in supporting the objec-
tives under paragraph (1); and
(ii) the qualifications required for each position,
including any qualifications relating to seniority level,
education, training, and security clearances;
(D) identify any challenges affecting the ability of the
Department to develop the biotechnology workforce and
propose solutions to those challenges;
(E) assess whether the codes used to define positions
and roles within the workforce of the Department ade-
quately cover the range of positions and personnel that
comprise the biotechnology workforce, such as personnel
in research, engineering, and testing;
(F) identify mechanisms to enable the Department to
access outside expertise relating to biotechnology, including
mechanisms to assemble a pool of outside experts who
have been prequalified (including by obtaining any nec-
essary security clearances) to provide advice and assistance
to the Department on matters relating to biotechnology
on an as-needed basis; and
(G) assess whether personnel occupying existing posi-
tions in the Department could be used to meet bio-
technology workforce needs with additional training and,
if so, the nature and scope of the training required; and
H. R. 5009—75
(14) address collaboration between the Department and
international partners to advance research on biotechnology,
which shall include—
(A) a description of any international partnerships
under which the United States is collaborating with part-
ners to conduct biotechnology research and development
for defense purposes, including a description of any invest-
ment priorities for the Office of Strategic Capital and the
Defense Advanced Research Projects Agency relating to
such partnerships;
(B) a description of any new international partnerships
that may be entered into, or existing partnerships that
may be modified, to provide for such collaboration; and
(C) identification of any challenges affecting the ability
of the Department engage in such collaboration with inter-
national partners, including—
(i) any limitations on co-investments within inter-
national partnerships;
(ii) any United States export controls or other tech-
nology protections that hinder information sharing
within such partnerships; and
(iii) any other challenges that may prevent the
full utilization of such partnerships for such collabora-
tion.
(c) BIENNIAL UPDATES.—Not less frequently than once every
two years following the submittal of the initial roadmap under
subsection (a) until the termination date specified in subsection
(h), the Secretary shall—
(1) review and update the roadmap; and
(2) submit an updated version of the roadmap to the
congressional defense committees.
(d) FORM.—Each version of the roadmap required to be sub-
mitted under this section may be submitted in classified form,
but if so submitted, shall include an unclassified executive sum-
mary.
(e) PUBLIC AVAILABILITY.—On annual basis, the Secretary shall
make an unclassified version of the most recent roadmap submitted
under this section available on a publicly accessible website of
the Department of Defense.
(f) GAO EVALUATION AND REPORT.—Not later than 180 days
after the date on which the Secretary of Defense submits the
initial roadmap pursuant to subsection (a), the Comptroller General
of the United States shall—
(1) complete an evaluation of the roadmap; and
(2) submit to the congressional defense committees a report
on the findings of the Comptroller General with respect to
such evaluation.
(g) BIOTECHNOLOGY DEFINED.—In this section, the term ‘‘bio-
technology’’ means the application of science and technology to
living organisms and to parts, products, and models of such orga-
nisms to alter living or non-living materials for the production
of knowledge, goods, or services.
(h) SUNSET.—This section shall terminate on the date that
is 10 years after the date of the enactment of this Act.
H. R. 5009—76
SEC. 243. PLAN TO ADVANCE INTERESTS OF DEPARTMENT OF
DEFENSE IN MATTERS RELATING TO ELECTROMAGNETIC
SPECTRUM IN INTERNATIONAL FORA.
(a) PLAN REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense, in coordina-
tion with the Chief Information Officer of the Department of
Defense, shall develop and commence implementation of a five-
year plan for advancing United States defense policy interests at
meetings of relevant international organizations and other inter-
national fora relating to electromagnetic spectrum, including all
phases of the World Radiocommunication Conferences preparatory
process.
(b) ELEMENTS.—At a minimum, the plan developed under sub-
section (a) shall include the following:
(1) Actions and resourcing required to ensure that the
Department of Defense has the personnel and expertise
required to engage meaningfully in the international activities
described in subsection (a).
(2) Processes to increase pre-coordination with relevant
domestic partners and Federal agencies on matters relating
to the international activities described in subsection (a),
including the defense industrial base and industry.
(3) Appropriate avenues to increase cooperation activities
with friendly foreign partners relating to the international
activities described in subsection (a).
(c) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Chief Information officer of the Department of Defense,
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the plan developed
under subsection (a), which shall include information on relevant
funded and unfunded resourcing requirements for current and
future fiscal years.
SEC. 244. STRATEGIC PLAN FOR QUANTUM INFORMATION SCIENCE
TECHNOLOGIES WITHIN THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—The Secretary of Defense shall develop a
strategic plan to guide the research, development, test, and evalua-
tion, procurement, and implementation of quantum information
science (referred to in this section as ‘‘QIS’’) technologies within
the Department of Defense, including the covered Armed Forces,
over the period of five years following the date of the enactment
of this Act.
(b) ELEMENTS.—The plan required under subsection (a) shall
include the following:
(1) Identification of QIS technologies that have the potential
to solve operational challenges faced by the Department of
Defense.
(2) Plans to transition technologies identified under para-
graph (1) from the research, development, and prototyping
phases into operational use within the Department.
(3) Plans for the continuous evaluation, development, and
implementation of QIS technology solutions within the Depart-
ment.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that includes—
H. R. 5009—77
(1) the strategic plan developed under subsection (a); and
(2) an assessment of whether the budgets proposed for
QIS-related activities of the Department of Defense and each
of the covered Armed Forces appropriately balance the use
of research, development, test, and evaluation funds designated
as budget activity 1 (basic research), budget activity 2 (applied
research), and budget activity 3 (advanced technology develop-
ment) (as those budget activity classifications are set forth
in volume 2B, chapter 5 of the Department of Defense Financial
Management Regulation (DOD 7000.14–R)) to achieve the objec-
tives of the strategic plan over near-, mid-, and long-term
timeframes.
(d) UPDATES.—Following the submittal of the initial strategic
plan pursuant to subsection (c)(1), the Secretary of Defense may
periodically update the plan as the Secretary determines necessary.
(e) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the Army, Navy, Air Force, Marine
Corps, or Space Force.
SEC. 245. DEFENSE SCIENCE BOARD STUDY ON LONG-TERM OPER-
ATIONS AND AVAILABILITY OF KWAJALEIN ATOLL AS A
MAJOR RANGE AND TEST FACILITY BASE.
(a) IN GENERAL.—Not later than 30 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall direct the Defense Science Board
to conduct a study to assess the feasibility and advisability of
designating the Ronald Reagan Ballistic Missile Defense Test Site
(RTS) and the United States Army Garrison Kwajalein Atoll (USAG-
KA) as facilities and resources comprising the Major Range and
Test Facility Base, including with respect to the availability and
mission capability of such test site and garrison.
(b) ELEMENTS.—The study conducted under subsection (a) shall
cover the following:
(1) The history and rationale for the split funding of the
United States facilities and capabilities on Kwajalein Atoll
between an Army Garrison and a Major Range and Test Facility
Base and whether those objectives have been achieved and,
if not, an explanation of the reasons those objectives have
not been achieved.
(2) The status of the garrison infrastructure and operations.
(3) The status of the test asset operability, usage, and
maintainability.
(4) The interrelationship between garrison infrastructure
and test asset operability.
(5) The status of the supported or supporting relationship
between the United States Army Garrison Kwajalein Atoll,
the Ronald Reagan Ballistic Missile Defense Test Site, and
the Lincoln Laboratory of the Massachusetts Institute of Tech-
nology and the long-term outlook for this partnership.
(6) The role of the Kwajalein Atoll in supporting current
and future missions of the Department of Defense.
(7) Such other matters as the Under Secretary of Defense
for Research and Engineering or the Defense Science Board
consider appropriate.
(c) DEADLINE FOR COMPLETION.—The Defense Science Board
shall complete the study required by subsection (a) by not later
than May 15, 2025.
H. R. 5009—78
(d) REPORT.—Not later than 10 days after the completion of
the study required by subsection (a), the Under Secretary of Defense
for Research and Engineering shall submit to the congressional
defense committees a report on the findings of the Defense Science
Board with respect to the study.
(e) DEFINITION OF MAJOR RANGE AND TEST FACILITY BASE.—
In this section, the term ‘‘Major Range and Test Facility Base’’
has the meaning given such term in section 4173 of title 10, United
States Code.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Modification of definition of antenna structure project under Military
Aviation and Installation Assurance Clearinghouse for review of mission
obstructions.
Sec. 312. Extension of period for cooperative agreements under Native American
lands environmental mitigation program.
Sec. 313. Extension of requirement to establish a schedule of black start exercises
to assess the energy resilience and energy security of military installa-
tions.
Sec. 314. Change in timeframe for report on ability of Department of Defense to
meet requirements for energy resilience and energy security measures
on military installations.
Sec. 315. Repeal of limitation on procurement of drop-in fuels; annual report.
Sec. 316. Extension of prohibition on required disclosure.
Sec. 317. Increase of transfer authority for funding of study and assessment on
health implications of per- and polyfluoroalkyl substances contamination
in drinking water by Agency for Toxic Substances and Disease Registry.
Sec. 318. Initiative to control and combat the spread of coconut rhinoceros beetle
in Hawaii.
Sec. 319. Prohibition on implementation of regulation relating to minimizing risk
of climate change.
Sec. 320. Implementation of Inspector General recommendations relating to over-
sight of defense fuel support points.
Sec. 321. Provision by Secretary of the Air Force of meteorological data for Air
Force and Army.
Subtitle C—Logistics and Sustainment
Sec. 331. Joint Safety Council report and briefing requirements.
Sec. 332. Modifications to Comptroller General annual reviews of F–35 sustainment
efforts.
Sec. 333. Plans regarding condition and maintenance of prepositioned stockpiles of
Navy, Marine Corps, and Air Force.
Sec. 334. Warehouse utilization organization alignment.
Sec. 335. Authority for Government-owned, Government-operated facilities to ac-
cess production base support funds.
Sec. 336. Pre-positioned stocks of finished defense textile articles.
Subtitle D—Reports
Sec. 341. Modification of readiness reports to include total number of combat readi-
ness upgrades or downgrades.
Sec. 342. Extension and expansion of incident reporting requirements for Depart-
ment of Defense.
Sec. 343. Annual briefing on operational readiness of 53rd Weather Reconnaissance
Squadron prior to commencement of official hurricane season.
Subtitle E—Other Matters
Sec. 351. Extension of authority for Secretary of Defense to use Department of De-
fense reimbursement rate for transportation services provided to certain
non-Department of Defense entities.
H. R. 5009—79
Sec. 352. Improvements to FireGuard Program of National Guard.
Sec. 353. Counter unmanned aerial system threat library.
Sec. 354. Limitation on availability of funds for travel expenses of Office of Sec-
retary of Defense until submission of certain documents.
Sec. 355. Anti-lock brake system and electronic stability control kit for certain
Army vehicles.
Sec. 356. Program for advanced manufacturing in the Indo-Pacific region.
Subtitle A—Authorization of
Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2025 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, as specified in the
funding table in section 4301.
Subtitle B—Energy and Environment
SEC. 311. MODIFICATION OF DEFINITION OF ANTENNA STRUCTURE
PROJECT UNDER MILITARY AVIATION AND INSTALLATION
ASSURANCE CLEARINGHOUSE FOR REVIEW OF MISSION
OBSTRUCTIONS.
Section 183a(h)(2)(A)(ii) of title 10, United States Code, is
amended by striking ‘‘under this title’’ and inserting ‘‘by law’’.
SEC. 312. EXTENSION OF PERIOD FOR COOPERATIVE AGREEMENTS
UNDER NATIVE AMERICAN LANDS ENVIRONMENTAL MITI-
GATION PROGRAM.
Section 2713(c)(3) of title 10, United States Code, is amended
by striking ‘‘two calendar years’’ and inserting ‘‘five calendar years’’.
SEC. 313. EXTENSION OF REQUIREMENT TO ESTABLISH A SCHEDULE
OF BLACK START EXERCISES TO ASSESS THE ENERGY
RESILIENCE
AND
ENERGY
SECURITY
OF
MILITARY
INSTALLATIONS.
Section 2920(d)(2)(C)(ii) of title 10, United States Code, is
amended by striking ‘‘2027’’ and inserting ‘‘2032’’.
SEC. 314. CHANGE IN TIMEFRAME FOR REPORT ON ABILITY OF
DEPARTMENT OF DEFENSE TO MEET REQUIREMENTS FOR
ENERGY RESILIENCE AND ENERGY SECURITY MEASURES
ON MILITARY INSTALLATIONS.
(a) IN GENERAL.—Section 2920(g) of title 10, United States
Code, is amended by striking ‘‘2029’’ and inserting ‘‘2027’’.
(b) BRIEFING REQUIREMENT.—Not later than June 30, 2025,
the Secretary of Defense shall provide to the congressional defense
committees a briefing on the progress of the Secretary in meeting
the requirements under section 2920(a) of title 10, United States
Code.
SEC. 315. REPEAL OF LIMITATION ON PROCUREMENT OF DROP-IN
FUELS; ANNUAL REPORT.
(a) REPEAL.—Section 2922h of title 10, United States Code,
is repealed.
H. R. 5009—80
(b) ANNUAL REPORT.—Subchapter II of chapter 173 of title
10, United States Code, is amended by adding at the end the
following new section:
‘‘§ 2922j. Annual report on purchase of drop-in fuel
‘‘(a) IN GENERAL.—Not less frequently than annually, the Sec-
retary of Defense shall submit to Congress a report that, for the
year covered by the report—
‘‘(1) identifies each instance in which the Secretary pur-
chased drop-in fuel that was not cost-competitive with tradi-
tional fuel; and
‘‘(2) for each instance identified under paragraph (1), states
whether the purchase was based on a military requirement
or not.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘drop-in fuel’ means a neat or blended liquid
hydrocarbon fuel designed as a direct replacement for a tradi-
tional fuel with comparable performance characteristics and
compatible with existing infrastructure and equipment.
‘‘(2) The term ‘traditional fuel’ means a liquid hydrocarbon
fuel derived or refined from petroleum.’’.
SEC. 316. EXTENSION OF PROHIBITION ON REQUIRED DISCLOSURE.
Section 318(a)(2) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31) is amended by striking
‘‘one-year period’’ and inserting ‘‘three-year period’’.
SEC. 317. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF
STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF
PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINA-
TION IN DRINKING WATER BY AGENCY FOR TOXIC SUB-
STANCES AND DISEASE REGISTRY.
Clause (iv) of section 316(a)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131
Stat. 1350), as most recently amended by section 333 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31), is further amended by striking ‘‘during fiscal year 2024’’ and
inserting ‘‘a year during fiscal years 2024 through 2025’’.
SEC. 318. INITIATIVE TO CONTROL AND COMBAT THE SPREAD OF
COCONUT RHINOCEROS BEETLE IN HAWAII.
(a) IN GENERAL.—The Secretary of Defense shall enhance
efforts to manage, control, and interdict the coconut rhinoceros
beetle on military installations in Hawaii.
(b) AUTHORIZED ACTIVITIES.—The efforts required under sub-
section (a) shall include the following:
(1) Carrying out science-based management and control
programs to reduce the effect of the coconut rhinoceros beetle
on military installations and to prevent the introduction or
spread of the coconut rhinoceros beetle to areas where such
beetle has not yet been established.
(2) Providing support for interagency and intergovern-
mental response efforts to control, interdict, monitor, and eradi-
cate the coconut rhinoceros beetle on military installations in
Hawaii.
(3) Pursuing chemical, biological, and other control tech-
niques, technology transfer, and best practices to support
H. R. 5009—81
management, control, interdiction and, where possible, eradi-
cation of the coconut rhinoceros beetle from Hawaii.
(4) Establishing an early detection and rapid response
mechanism to monitor and deploy coordinated efforts if the
coconut rhinoceros beetle, or another newly detected invasive
alien species, is detected at new sites on military installations
in Hawaii.
(5) Carrying out such other activities as the Secretary
determines appropriate to manage, control, and interdict the
coconut rhinoceros beetle on military installations in Hawaii.
(c) ANNUAL BRIEFINGS.—Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for
each of the next three years, the Assistant Secretary of the Navy
for Energy, Installations, and Environment shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the implementation of this section,
which shall include detailed information about the efforts of the
Secretary to manage, control, and interdict the coconut rhinoceros
beetle on military installations in Hawaii.
SEC. 319. PROHIBITION ON IMPLEMENTATION OF REGULATION
RELATING TO MINIMIZING RISK OF CLIMATE CHANGE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2025 may be used to finalize or implement any rule
based on the advanced notice of proposed rulemaking titled ‘‘Federal
Acquisition Regulation: Minimizing the Risk of Climate Change
in Federal Acquisitions’’ (October 15, 2021; 86 Fed. Reg. 57404).
SEC. 320. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDA-
TIONS RELATING TO OVERSIGHT OF DEFENSE FUEL SUP-
PORT POINTS.
With respect to each recommendation of the Inspector General
of the Department of Defense contained in the report published
by the Inspector General on April 11, 2024, and titled ‘‘Audit
of the Defense Logistics Agency Oversight of Defense Fuel Support
Points’’ (DODIG–2024–075), by not later than May 1, 2026, the
Secretary of Defense shall—
(1) implement such recommendation; or
(2) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing
an explanation of why the Secretary has not implemented the
recommendation.
SEC. 321. PROVISION BY SECRETARY OF THE AIR FORCE OF METEORO-
LOGICAL DATA FOR AIR FORCE AND ARMY.
(a) IN GENERAL.—Except as provided in subsection (b), the
Secretary of the Air Force shall provide meteorological and environ-
mental services for operations of the Department of the Air Force
and shall provide meteorological services for the Department of
the Army.
(b) EXCEPTION FOR BALLISTICS DATA.—The requirement under
subsection (a) shall not apply to meteorological ballistics data for
the Department of the Army.
H. R. 5009—82
Subtitle C—Logistics and Sustainment
SEC. 331. JOINT SAFETY COUNCIL REPORT AND BRIEFING REQUIRE-
MENTS.
Section 185 of title 10, United States Code, is amended—
(1) in subsection (k)—
(A) in paragraph (1)—
(i) by striking ‘‘Chair’’ and inserting ‘‘Chairperson’’;
and
(ii) by striking ‘‘semi-annual’’ and inserting ‘‘bian-
nual’’; and
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘‘March 31, 2023, and not later
than’’;
(II) by striking ‘‘thereafter’’; and
(III) by striking ‘‘a report’’ and inserting ‘‘an
annual report’’;
(ii) in subparagraph (A), by striking ‘‘and’’ after
the semicolon;
(iii) in subparagraph (B), by striking the period
and inserting ‘‘; and’’; and
(iv) by adding at the end the following new
subparagraph:
‘‘(C) for the year covered by the report—
‘‘(i) releasable information regarding any mishap that
occurred during such year; and
‘‘(ii) an identification of any corrective or preventative
action implemented pursuant to a recommendation made
in a safety or legal investigation report of such a mishap.’’;
and
(2) by adding at the end the following new subsection:
‘‘(l) BIANNUAL
BRIEFINGS.—Not later than March 31 and
December 31 of each year, the Chairperson of the Council shall
provide to the congressional defense committees a briefing on the
contents of the report required to be submitted under subsection
(k)(1) that covers the six-month period preceding the date of the
briefing.’’.
SEC. 332. MODIFICATIONS TO COMPTROLLER GENERAL ANNUAL
REVIEWS OF F–35 SUSTAINMENT EFFORTS.
Section 357 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘2022, 2023, 2024, and 2025’’ and inserting ‘‘2025, 2026,
and 2027’’;
(B) in paragraph (1)—
(i) by striking ‘‘(including’’ and inserting ‘‘, which
may include’’; and
(ii) by striking the closing parenthesis; and
(C) in paragraph (2), by striking ‘‘ as a result of such
review’’; and
(2) in subsection (b), by striking ‘‘of the following:’’ and
all that follows through the period at the end of paragraph
(4) and inserting ‘‘of matters regarding the sustainment or
H. R. 5009—83
affordability of the F–35 Lighting II aircraft program that
the Comptroller General, after consulting with staff from the
Committees on Armed Services of the House of Representatives
and the Senate, determines to be of critical importance to
the long-term viability of such program.’’.
SEC. 333. PLANS REGARDING CONDITION AND MAINTENANCE OF
PREPOSITIONED STOCKPILES OF NAVY, MARINE CORPS,
AND AIR FORCE.
(a) PLAN REQUIRED.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy and
the Secretary of the Air Force shall each develop a plan to
improve
the
required
inspection
procedures
for
the
prepositioned stockpiles of the Armed Force concerned, for the
purpose of identifying deficiencies and conducting maintenance
repairs at levels necessary to ensure such prepositioned stock-
piles are mission capable.
(2) ADDITIONAL
REQUIREMENTS
FOR
NAVY
AND
MARINE
CORPS PLAN.—The plan of the Secretary of the Navy required
under paragraph (1) shall include—
(A) an analysis of the readiness of ships of the Navy
and Marine Corps that hold or facilitate the off-loading
of prepositioned stockpiles; and
(B) suggestions for improving inspection procedures
of such ships.
(b) IMPLEMENTATION.—Not later than 30 days after the date
on which the Secretary concerned completes the development of
a plan under subsection (a), and not less frequently than twice
each year thereafter for the three-year period beginning on the
date of the enactment of this Act, the Secretary concerned shall
inspect the prepositioned stockpiles of the Armed Force concerned
in accordance with the procedures under such plan.
(c) BRIEFINGS.—
(1) BRIEFING ON PLAN.—Not later than 120 days after the
date of the enactment of this Act, each Secretary concerned
shall provide to the congressional defense committees a briefing
on the plan of the Secretary developed under subsection (a).
(2) BRIEFINGS ON STATUS OF PREPOSITIONED STOCKPILES.—
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter for the three-year
period beginning on the date of the enactment of this Act,
each Secretary concerned shall provide to the congressional
defense committees a briefing on the status and condition of
the prepositioned stockpiles of the Armed Force concerned.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Armed Force concerned’’ means—
(A) the Navy and the Marine Corps, with respect to
the Secretary of the Navy;
(B) the Air Force, with respect to the Secretary of
the Air Force.
(2) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Navy, with respect to matters
concerning the Navy and the Marine Corps; and
(B) the Secretary of the Air Force, with respect to
matters concerning the Air Force.
H. R. 5009—84
SEC. 334. WAREHOUSE UTILIZATION ORGANIZATION ALIGNMENT.
(a) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, each Secretary of a military department
and the Director of the Defense Logistics Agency shall provide
to the congressional defense committees a briefing that—
(1) identifies the designated organization or command that
will serve as the global integrator of that military department
or agency and assume responsibilities as the manager of the
storage network of that military department or agency; and
(2) sets forth a comprehensive plan of the Secretary con-
cerned or the Director of the Defense Logistics Agency, as
the case may be—
(A) to deploy storage space management tools, as
authorized by the Assistant Secretary of Defense for
Sustainment, across the network of that military depart-
ment or agency; and
(B) to evaluate approaches for identifying improved
supply chain processes, visibility, mission alignment, and
cost savings and avoidances enabled through space consoli-
dation.
(b) ANNUAL REPORT.—Not later than one year after the date
of the enactment of this Act, and annually thereafter for the fol-
lowing five years, each Secretary of a military department and
the Director of the Defense Logistics Agency shall submit to the
congressional defense committees a report containing the following:
(1) Plans for reconstituting commercially-stored inventory
of the Department of Defense into the warehouses of the
Department on military installations.
(2) Information on barriers to reconstituting such inventory
from commercial storage locations.
SEC. 335. AUTHORITY FOR GOVERNMENT-OWNED, GOVERNMENT-
OPERATED FACILITIES TO ACCESS PRODUCTION BASE
SUPPORT FUNDS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall prescribe regulations pro-
viding that Government-owned, Government-operated facilities are
eligible to receive production base support funding from the Army.
SEC. 336. PRE-POSITIONED STOCKS OF FINISHED DEFENSE TEXTILE
ARTICLES.
(a) IN GENERAL.—The Secretary of Defense may establish pre-
positioned stocks of finished defense textile articles, such as uni-
forms and protective gear, to support the rapid mobilization and
sustainment of members of the Armed Forces during a contingency
operation.
(b) PLAN
TO REDUCE DELAYS.—The Secretary shall develop
a plan for phasing in and targeting policy changes relating to
defense textile articles to reduce delinquencies and mitigate delays
between policy decisions that may result in the miscalculation of
stockpiling in order to ensure ample finished textiles are available
to prevent a scenario in which the demand for certain articles
is ramping down by the time the supply chain can ramp up to
meet the need.
H. R. 5009—85
Subtitle D—Reports
SEC. 341. MODIFICATION OF READINESS REPORTS TO INCLUDE TOTAL
NUMBER OF COMBAT READINESS UPGRADES OR DOWN-
GRADES.
Paragraph (5) of section 482(b) of title 10, United States Code,
is amended to read as follows:
‘‘(5) The total number of upgrades and the total number
of downgrades of the combat readiness of a unit that were
issued by the commander of the unit, disaggregated by armed
force.’’.
SEC. 342. EXTENSION AND EXPANSION OF INCIDENT REPORTING
REQUIREMENTS FOR DEPARTMENT OF DEFENSE.
Section 363 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 10 U.S.C. 2722 note) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘fiscal years 2022, 2023, and 2024’’ and inserting
‘‘fiscal years 2022 through 2029’’; and
(2) in subsection (b), by striking ‘‘to the National Crime
Information Center and local law enforcement.’’ and inserting
‘‘to—
‘‘(1) the National Crime Information Center;
‘‘(2) local law enforcement; and
‘‘(3) the Committees on Armed Services of the Senate and
the House of Representatives.’’.
SEC. 343. ANNUAL BRIEFING ON OPERATIONAL READINESS OF 53RD
WEATHER
RECONNAISSANCE
SQUADRON
PRIOR
TO
COMMENCEMENT OF OFFICIAL HURRICANE SEASON.
Not later than March 31, 2025, and annually thereafter for
each of the subsequent two years, the commanding officer of the
22nd Air Force shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the operational readiness of the 53rd Weather Reconnaissance
Squadron. Each such briefing shall address spares, personnel, sup-
porting infrastructure, and such other matters as the commanding
officer determines appropriate.
Subtitle E—Other Matters
SEC. 351. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE
TO USE DEPARTMENT OF DEFENSE REIMBURSEMENT
RATE FOR TRANSPORTATION SERVICES PROVIDED TO
CERTAIN NON-DEPARTMENT OF DEFENSE ENTITIES.
Section 2642(b) of title 10, United States Code is amended
by striking ‘‘October 1, 2024’’ and inserting ‘‘October 1, 2026’’.
SEC. 352. IMPROVEMENTS TO FIREGUARD PROGRAM OF NATIONAL
GUARD.
(a) IN GENERAL.—Section 510 of title 32, United States Code,
is amended—
(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) IN GEN-
ERAL.—The Secretary’’; and
(2) by adding at the end the following new subsection:
H. R. 5009—86
‘‘(b) CONTRACTS
AND
AGREEMENTS.—(1) The Secretary of
Defense may enter into a contract or cooperative agreement with
a qualified individual or entity for the performance of duties to
supplement members of the National Guard in carrying out the
FireGuard Program under subsection (a).
‘‘(2) In association with a contract or cooperative agreement
entered into under paragraph (1) with a qualified individual or
entity, the Chief of the National Guard Bureau, in coordination
with relevant State, local, and commercial entities, shall execute
a memorandum of understanding with the qualified individual or
entity, which shall clearly delineate the roles, responsibilities, func-
tions, timelines, and end dates for the transition of the duties
to be performed under the contract or cooperative agreement.
‘‘(3) In this subsection, the term ‘qualified individual or entity’
means—
‘‘(A) any individual who possesses a requisite security clear-
ance for handling classified remote sensing data for the purpose
of wildfire detection and monitoring; or
‘‘(B) any corporation, firm, partnership, company, nonprofit,
Federal agency or sub-agency, or State or local government,
with contractors or employees who possess a requisite security
clearance for handling such data.’’.
(b) REPORT.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Agriculture and any National
Guard units affected by subsection (b) of section 510 of title
32, United States Code, as added by subsection (a), shall submit
to Congress a report that includes an evaluation of the effective-
ness of the FireGuard Program under such section and of
opportunities to further engage civilian capacity within the
program.
(2) MATTERS INCLUDED.—The report under paragraph (1)
shall include the following:
(A) An assessment of the efficacy of the FireGuard
Program in detecting and monitoring wildfires, including
the speed of detection.
(B) A plan to facilitate production and dissemination
of unclassified remote sensing information for use by
civilian organizations, including Federal, State, and local
government organizations, in carrying out wildfire detec-
tion activities.
(C) An assessment of the sustainability of the
Fireguard program, including the cost, the effects on readi-
ness, and the effects on other required missions.
SEC. 353. COUNTER UNMANNED AERIAL SYSTEM THREAT LIBRARY.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army, through
the Joint Counter-Small Unmanned Aircraft Systems Office, shall
establish and maintain a threat library, or expand and maintain
an existing threat library, to coordinate efforts across the Depart-
ment of Defense to counter unmanned aircraft systems.
(b) INFORMATION TO BE INCLUDED.—The threat library required
under subsection (a) shall include—
(1) classified and unclassified information relating to known
or suspected threats from unmanned aircraft systems;
H. R. 5009—87
(2) proposed solutions for countering such known threats;
and
(3) a comprehensive listing of global incursions from
unmanned aircraft systems at installations of the Department
of Defense.
(c) DISSEMINATION.—The Secretary of the Army, through the
Joint Counter-Small Unmanned Aircraft Systems Office, shall
establish a framework to share the information contained in the
threat library required under subsection (a) with the military
departments, the combatant commands, other Federal agencies,
and relevant industries, as determined by the Secretary of the
Army, in order to maintain technological superiority in aerial
defense.
SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL
EXPENSES OF OFFICE OF SECRETARY OF DEFENSE UNTIL
SUBMISSION OF CERTAIN DOCUMENTS.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2025 for operation and
maintenance, defense-wide, and available for the Office of the Sec-
retary of Defense for travel expenses, not more than 75 percent
may be obligated or expended until the date on which the Secretary
of Defense has submitted to the congressional defense committees
all of the following documents:
(1) The implementation plan for the Joint Concept for
Competing released on February 10, 2023, as required by sec-
tion 1088 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 137 Stat. 419; 10 U.S.C. 113
note).
(2) The Department of Defense Operations in the Informa-
tion Environment Implementation Plan, as referenced in the
Strategy for Operations in the Information Environment
released in July 2023.
(3) The Special Operations Forces joint operating concept
for competition and conflict, as required by section 1047(a)
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81; 135 Stat. 1905).
(4) Unredacted copies of documents requested by the Com-
mittee on Armed Services of the Senate during the period
beginning on January 1, 2024, and ending on June 1, 2024.
SEC. 355. ANTI-LOCK BRAKE SYSTEM AND ELECTRONIC STABILITY
CONTROL KIT FOR CERTAIN ARMY VEHICLES.
(a) REQUIREMENT.—By not later than September 30, 2033, the
Secretary of the Army shall ensure that all high-mobility multipur-
pose wheeled vehicles of the Army are equipped with an anti-
lock brake system and electronic stability control kit.
(b) PLAN.—Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a plan to carry out subsection
(a). Such plan shall include each of the following:
(1) A description of the steps required to increase produc-
tion of anti-lock brake systems and electronic stability control
kits and retrofit high-mobility multipurpose wheeled vehicles
at Red River Army Depot, Texas, and its associated flyaway
teams.
H. R. 5009—88
(2) An identification of any challenges to meeting the
requirement under subsection (a) and a list of steps required
to address those challenges.
(3) An estimated monthly rate of retrofits needed to meet
the requirement under subsection (a).
(4) A funding plan for carrying out the steps referred
to in paragraphs (1) and (2).
(5) An identification of any authorities or funding required
for any secondary destination transportation necessary to carry
out the plan.
(c) ANNUAL CERTIFICATION.—Not later than each of March 1,
2025, March 1, 2026, and March 1, 2027, the Secretary of the
Army shall certify to the congressional defense committees that
the budget of the Army will enable the Army to meet the require-
ment under subsection (a).
SEC. 356. PROGRAM FOR ADVANCED MANUFACTURING IN THE INDO-
PACIFIC REGION.
(a) ESTABLISHMENT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Secretary of the Navy and in consultation with the
Commander of the United States Indo-Pacific Command, shall carry
out a program under which the Secretary shall establish an
advanced manufacturing facility on or near a military installation
within the area of responsibility of the United States Indo-Pacific
Command for the purpose of—
(1) meeting flexible manufacturing requirements to support
the submarine, shipbuilding, and other defense activity indus-
trial bases;
(2) fostering partnerships between industry, local univer-
sities, and workforce training programs to develop a local
workforce in the vicinity of such facility capable of meeting
advanced manufacturing demands;
(3) coordinating responses to requirements of the Sub-
marine Industrial Base Task Force, the United States Indo-
Pacific Command, the Innovation Capability and Modernization
Office of the Department of Defense, the Industrial Base Anal-
ysis and Sustainment program of the Department, and other
relevant defense organizations;
(4) providing for the manufacturing of unmanned vehicles,
including surface and underwater vehicles, and develops ship
maintenance capabilities; and
(5) responding to needs across the uniformed services and
the defense industrial base.
(b) ELEMENTS.—In carrying out subsection (a), the Secretary
shall—
(1) ensure that the advanced manufacturing facility under
such subsection is capable of—
(A) applying advanced manufacturing to small and
large metal and composite structures;
(B) manufacturing systems and components that—
(i)
use
appropriate
advanced
manufacturing
methods including hybrid and additive (for example,
additive manufacturing, powder bed fusion manufac-
turing, cold spray manufacturing, or other similar
manufacturing capabilities); and
H. R. 5009—89
(ii) maintain a set of modern local machining sys-
tems with at least five-axis capability sufficient to sup-
port requirements;
(C) maintaining a production capability across critical
materials of the Navy in order to respond to emerging
repair and production requirements during conflict; and
(2) ensure broad workforce participation by establishing
the facility either outside of a military installation (but very
close to a military installation) or onboard a military installa-
tion with readily available access to a civilian trainee workforce.
(c) REPORT.—Not later than December 1 of the year after the
year during which a facility is established under subsection (a),
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report summa-
rizing the actions taken under the program established under such
subsection, including information on how the program is supporting
initiatives of the United States Indo-Pacific Command.
(d) ADVANCED MANUFACTURING DEFINED.—In this section, the
term ‘‘advanced manufacturing’’ means a manufacturing process
using the following techniques:
(1) Additive manufacturing.
(2) Wire-arc additive manufacturing.
(3) Powder bed fusion manufacturing.
(4) Other similar manufacturing capabilities.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Annual end strength authorization for the Space Force.
Sec. 403. Temporary exclusion of mental health care providers from authorized
strengths of certain officers on active duty.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty
for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle D—Reports
Sec. 431. Annual defense manpower profile report: expansion of justifications for
end strengths.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2025, as follows:
(1) The Army, 442,300.
(2) The Navy, 332,300.
(3) The Marine Corps, 172,300.
(4) The Air Force, 320,000.
(5) The Space Force, 9,800.
H. R. 5009—90
SEC. 402. ANNUAL END STRENGTH AUTHORIZATION FOR THE SPACE
FORCE.
(a) END STRENGTH AUTHORIZATION BY LAW FOR SPACE FORCE
TO BE A SINGLE NUMBER FOR MEMBERS IN SPACE FORCE ACTIVE
STATUS.—
(1) REQUIREMENT.—Subsection (a) of section 115 of title
10, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(3) The end strength for the Space Force for members
in space force active status.’’.
(2) CONFORMING AMENDMENTS.—Such subsection is further
amended—
(A) in the subsection heading, by striking ‘‘AND
SELECTED RESERVE’’ and inserting ‘‘, SELECTED RESERVE,
AND SPACE FORCE’’; and
(B) in paragraph (1), by striking ‘‘each of the armed
forces (other than the Coast Guard)’’ and inserting ‘‘the
Army, Navy, Air Force, and Marine Corps’’.
(b) CORRESPONDING
LIMITATION
ON
APPROPRIATIONS.—Sub-
section (c) of such section is amended—
(1) in paragraph (2), by striking ‘‘; or’’ and inserting a
semicolon;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) the use of members of the Space Force in space force
active status unless the end strength for the Space Force for
that fiscal year for members in space force active status has
been authorized by law; or’’.
(c) AUTHORITY FOR VARIANCES OF END STRENGTH.—
(1) SECRETARY OF DEFENSE.—Subsection (f) of such section
is amended—
(A) in the subsection heading, by striking ‘‘AND
SELECTED RESERVE’’ and inserting ‘‘, SELECTED RESERVE,
AND SPACE FORCE’’; and
(B) in paragraph (1), by striking ‘‘subsection (a)(1)(A)’’
and inserting ‘‘paragraph (1)(A) or (3) of subsection (a)’’.
(2) SECRETARY OF THE AIR FORCE.—Subsection (g) of such
section is amended—
(A) in the subsection heading, by striking ‘‘AND
SELECTED RESERVE’’ and inserting ‘‘, SELECTED RESERVE,
AND SPACE FORCE’’; and
(B) in paragraph (1)(A), by striking ‘‘subsection
(a)(1)(A)’’ and inserting ‘‘paragraph (1)(A) or (3) of sub-
section (a)’’.
(3) EFFECTIVE
DATE.—The amendments made by para-
graphs (1) and (2) shall take effect upon the date specified
under paragraph (2) of section 1736(a) of the Space Force
Personnel Management Act (title XVII of Public Law 118–
31; 137 Stat. 677) for the expiration of the authority provided
by paragraph (1) of that section.
(4)
CONFORMING
CROSS-REFERENCE
AMENDMENTS
TO
SFPMA.—Section 1736(a)(1) of the Space Force Personnel
Management Act (title XVII of Public Law 118–31) is amended
by striking ‘‘section 115(a)(1)(A)’’ both places it appears and
inserting ‘‘section 115(a)(3)’’.
H. R. 5009—91
SEC. 403. TEMPORARY EXCLUSION OF MENTAL HEALTH CARE PRO-
VIDERS FROM AUTHORIZED STRENGTHS OF CERTAIN
OFFICERS ON ACTIVE DUTY.
(a) TEMPORARY EXCLUSION.—During fiscal years 2025 through
2027, officers who are licensed mental health providers (including
clinical psychologists, licensed clinical social workers, mental health
nurse practitioners, and psychiatric physician assistants) shall be
excluded in computing and determining authorized strengths under
section 523 of title 10, United States Code.
(b) PROPOSAL.—Not later than September 30, 2025, the Sec-
retary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report containing
recommendations of the Secretary regarding amendments to sub-
section (b) of such section that would eliminate permanent exclu-
sions to computations and determinations under such section.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2025, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 175,800.
(3) The Navy Reserve, 57,700.
(4) The Marine Corps Reserve, 32,500.
(5) The Air National Guard of the United States, 108,300.
(6) The Air Force Reserve, 67,000.
(7) The Coast Guard Reserve, 7,000.
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve component
shall be proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) END STRENGTH INCREASES.—Whenever units or individual
members of the Selected Reserve for any reserve component are
released from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of such
reserve component shall be increased proportionately by the total
authorized strengths of such units and by the total number of
such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2025, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
H. R. 5009—92
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,132.
(4) The Marine Corps Reserve, 2,400.
(5) The Air National Guard of the United States, 25,982.
(6) The Air Force Reserve, 6,311.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) IN GENERAL.—The minimum number of military technicians
(dual status) as of the last day of fiscal year 2025 for the reserve
components of the Army and the Air Force (notwithstanding section
129 of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,744.
(4) For the Air Force Reserve, 6,697.
(b) LIMITATION ON NUMBER OF TEMPORARY MILITARY TECHNI-
CIANS (DUAL STATUS).—The number of temporary military techni-
cians (dual status) under subsection (a) may not exceed 25 percent
of the total number authorized under such subsection.
(c) PROHIBITION.—A State may not coerce a military technician
(dual status) to accept an offer of realignment or conversion to
any other military status, including as a member on Active Guard
and Reserve duty. No action may be taken against an individual,
or the position of such individual, who refuses such an offer solely
on the basis of such refusal.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2025, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2025 for the use
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for mili-
tary personnel, as specified in the funding table in section 4401.
H. R. 5009—93
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of
appropriations in the subsection (a) supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such purpose for
fiscal year 2025.
Subtitle D—Reports
SEC. 431. ANNUAL DEFENSE MANPOWER PROFILE REPORT: EXPAN-
SION OF JUSTIFICATIONS FOR END STRENGTHS.
Section 115a of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘Congress’’ and inserting
‘‘the Committees on Armed Services of the Senate and the
House of Representatives, and furnish to any Member of Con-
gress upon request,’’; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) The justification and explanation required by paragraph
(1) shall include the following:
‘‘(A) An explanation of how personnel end strength level
requests address threats described in the national defense
strategy under section 113(g) of this title.
‘‘(B) The rationale for recommended increases or decreases
in active, reserve, and civilian personnel for each component
of the Department of Defense.
‘‘(C) The actual end strength number for each armed force
for the prior fiscal year, compared to authorized end strength
levels.
‘‘(D) The shortfall in recruiting by each armed force as
a percentage, as the Secretary determines appropriate.’’.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Policy
Sec. 501. Redistribution of general officers of the Marine Corps on active duty.
Sec. 502. Authority to exclude additional positions from limitations on the number
of general officers and flag officers on active duty.
Sec. 503. Eligibility for consideration for promotion: time-in-grade and other re-
quirements.
Sec. 504. Temporary authority to increase the number of nurse officers rec-
ommended for promotion.
Sec. 505. Talent management and personnel retention for members of the Armed
Forces.
Sec. 506. Consideration of merit by special selection review boards.
Sec. 507. Effect of failure of selection for promotion: captains and majors of the
Army, Air Force, Marine Corps, and Space Force and lieutenants and
lieutenant commanders of the Navy.
Sec. 508. Modification of authority to separate officers when in the best interest of
the service.
Sec. 509. Remote appearance before a board of inquiry.
Sec. 509A. Marine Corps Deputy Commandants.
Sec. 509B. Improvements relating to Medical Officer of the Marine Corps position.
Sec. 509C. Vice Chief of Space Operations; vacancy in position of Chief of Space
Operations.
Sec. 509D. Repeal of active duty service requirement for warrant officer appoint-
ments in Air Force and Space Force.
Sec. 509E. Removal of officers from a list of Space Force officers recommended for
promotion.
Sec. 509F. Pilot program on peer and subordinate assessments of certain officers.
H. R. 5009—94
Subtitle B—Reserve Component Management
Sec. 511. Authority to extend military technicians until age 62.
Sec. 512. Extension of time period for transfer or discharge of certain Army and Air
Force reserve component general officers.
Sec. 513. Expanded authority to continue reserve component officers in certain
military specialties on the reserve active-status list.
Sec. 514. Transfer to the Space Force of covered space functions of the Air National
Guard of the United States.
Sec. 515. Notice to Congress regarding reapportionment of National Guard force
structure.
Subtitle C—General Service Authorities, Decorations and Awards, and Military
Records
Sec. 521. Technical and conforming amendments relating to members of the Space
Force.
Sec. 522. Modified authority to provide protection to senior leaders of the Depart-
ment of Defense and other specified persons.
Sec. 523. Improving military administrative review.
Sec. 524. Determination of active duty service commitment for recipients of fellow-
ships, grants, and scholarships.
Sec. 525. Authority to designate certain separated members of the Air Force as
honorary separated members of the Space Force.
Sec. 526. Authorizations for certain awards.
Sec. 527. Posthumous advancement of General John D. Lavelle, United States Air
Force, on the retired list.
Subtitle D—Recruitment
Sec. 531. Expansion of report on future servicemember preparatory course.
Sec. 532. Promoting military, national, and public service.
Sec. 533. Military recruiter physical access to campuses.
Sec. 534. Military Entrance Processing Command: acceleration of review of medical
records.
Sec. 535. Medical Accession Records Pilot program: notice of termination.
Sec. 536. Provision of information regarding Federal service to certain persons in-
eligible to enlist in certain Armed Forces.
Sec. 537. Reimbursement of applicants to certain Armed Forces for certain medical
costs incurred during military entrance processing.
Sec. 538. Authority to modernize recruitment for the Army.
Sec. 539. Program of military recruitment and education at the National Sep-
tember 11 Memorial and Museum.
Sec. 539A. Maritime workforce promotion and recruitment.
Subtitle E—Training
Sec. 541. Improvements to financial literacy training.
Sec. 542. Extension of JROTC programs to the Job Corps.
Sec. 543. Minimum number of participating students required to establish or main-
tain a unit of JROTC.
Sec. 544. JROTC waiting list.
Sec. 545. Number of Junior Reserve Officers’ Training Corps units.
Sec. 546. Required constitutional law training.
Sec. 547. Prohibition on Federal funds for the Department of Defense Countering
Extremism Work Group.
Subtitle F—Member Education
Sec. 551. Expansion of international engagement authorities for Service Academies.
Sec. 552. Modification of authority to engage in funded and unfunded law edu-
cation programs.
Sec. 553. Additional admissions authority for the Uniformed Services University of
the Health Sciences.
Sec. 554. Professional military education: technical correction to definitions.
Sec. 555. Distance education option for professional military education.
Sec. 556. Authority to accept gifts of services for professional military education in-
stitutions.
Sec. 557. Alternative service obligation for a cadet or midshipman who becomes a
professional athlete.
Sec. 558. Service Academies: Boards of Visitors.
Sec. 559. Modernizing Marine Corps Platoon Leaders Class college tuition assist-
ance program to account for inflation.
Sec. 559A. Information on nominations and applications for military service acad-
emies.
H. R. 5009—95
Sec. 559B. Ensuring access to certain higher education benefits.
Sec. 559C. Service Academies: referral of applicants to the senior military colleges
and units of the Senior Reserve Officer Training Corps.
Sec. 559D. Pilot program to provide graduate education opportunities for enlisted
members of the Army and Navy.
Sec. 559E. Prohibition on use of Federal funds to endorse critical race theory.
Subtitle G—Military Justice and Other Legal Matters
Sec. 561. Clarifying amendment to Article 2 of the Uniform Code of Military Jus-
tice.
Sec. 562. Authority of special trial counsel with respect to certain offenses occur-
ring before effective date of military justice reforms.
Sec. 563. Detailing of appellate defense counsel.
Sec. 564. Modification to offense of aiding the enemy under the Uniform Code of
Military Justice.
Sec. 565. Removal of marriage as a defense to article 120b offenses.
Sec. 566. Consolidation of military justice reporting requirements for the military
departments.
Sec. 567. Term of office for judges of the Court of Military Commission Review.
Sec. 568. Continuity of coverage under certain provisions of title 18, United States
Code.
Sec. 569. Correction of certain citations in title 18, United States Code, relating to
sexual offenses.
Sec. 569A. Modification of timeline for potential implementation of study on unani-
mous court-martial verdicts.
Sec. 569B. Removal of personally identifying and other information of certain per-
sons from the Department of Defense Central Index of Investigations.
Sec. 569C. Expanded command notifications to victims of domestic violence.
Sec. 569D. Extension of Defense Advisory Committee on Investigation, Prosecution,
and Defense of Sexual Assault in the Armed Forces.
Sec. 569E. Analysis on the advisability of revising Military Rule of Evidence 513.
Sec. 569F. Analysis of prohibition on broadcast and distribution of digitally manip-
ulated intimate images under the Uniform Code of Military Justice.
Subtitle H—Career Transition
Sec. 571. Pathway for individualized counseling for members of the reserve compo-
nents under TAP.
Sec. 572. Extension of Troops-to-Teachers Program.
Sec. 573. Extension and expansion of report on the Transition Assistance Program
of the Department of Defense.
Sec. 574. Military training and competency records.
Subtitle I—Family Programs and Child Care
Sec. 581. Interstate compacts for portability of occupational licenses of military
spouses: permanent authority.
Sec. 582. Military Spouse Career Accelerator program.
Sec. 583. Competitive pay for Department of Defense child care personnel.
Sec. 584. Posting of national child abuse hotline at military child development cen-
ters.
Sec. 585. Additional information in outreach campaign relating to waiting lists for
military child development centers.
Sec. 586. Expansion of annual briefing regarding waiting lists for military child de-
velopment centers.
Sec. 587. Improvements
relating
to
portability
of
professional
licenses
of
servicemembers and their spouses.
Sec. 588. Child care services and youth program services for dependents.
Sec. 589. Child care services and youth program services for dependents: period of
services for a member with a spouse seeking employment.
Sec. 589A. Child development program staffing and compensation model.
Sec. 589B. Inclusive Playground Pilot Program.
Subtitle J—Dependent Education
Sec. 591. Advisory committees for Department of Defense domestic dependents
schools.
Sec. 592. Eligibility of dependents of certain deceased members of the Armed
Forces for enrollment in Department of Defense domestic dependent ele-
mentary and secondary schools.
Sec. 593. Expansion of eligibility for virtual programs operated by Department of
Defense Education Activity.
Sec. 594. Authorization for school meal programs at Department of Defense de-
pendent schools.
H. R. 5009—96
Sec. 595. Eligibility of certain dependents for enrollment in domestic dependent ele-
mentary and secondary schools.
Sec. 596. Staffing of Department of Defense Education Activity schools to maintain
maximum student-to-teacher ratios.
Sec. 597. Enrollment in defense dependents’ education system of children of foreign
military members assigned to United Nations Command.
Sec. 598. Certain assistance to local educational agencies that benefit dependents
of military and civilian personnel.
Sec. 599. Training requirements teachers in 21st century schools of the Department
of Defense Education Activity.
Sec. 599A. Overseas transfer program for educators in schools operated by the De-
partment of Defense Education Activity.
Sec. 599B. Parental right to notice of student nonproficiency in reading or language
arts.
Subtitle A—Officer Policy
SEC. 501. REDISTRIBUTION OF GENERAL OFFICERS OF THE MARINE
CORPS ON ACTIVE DUTY.
Section 525(a)(4) of title 10, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘17’’ and inserting
‘‘18’’; and
(2) in subparagraph (C), by striking ‘‘22’’ and replacing
with ‘‘21.’’
SEC. 502. AUTHORITY TO EXCLUDE ADDITIONAL POSITIONS FROM
LIMITATIONS ON THE NUMBER OF GENERAL OFFICERS
AND FLAG OFFICERS ON ACTIVE DUTY.
(a) IN GENERAL.—Section 526 of title 10, United States Code,
is amended—
(1) by redesignating subsections (g) through (j) as sub-
sections (h) through (k), respectively; and
(2) by inserting, after subsection (f), the following new
subsection (g):
‘‘(g) SECRETARY OF DEFENSE ADAPTIVE FORCE ACCOUNT.—The
limitations in subsection (a) and in section 525(a) of this title
do not apply to a general officer or flag officer assigned to the
Secretary of Defense Adaptive Force Account as designated by
the Secretary of Defense. The total number of positions designated
as the Secretary of Defense Adaptive Force Account for purposes
of this subsection shall not exceed 35.’’.
(b)
CONFORMING
AMENDMENT.—Section
501(a)(3)
of
the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114–328; 10 U.S.C. 525 note) is hereby repealed.
SEC. 503. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION: TIME-
IN-GRADE AND OTHER REQUIREMENTS.
(a) WARRANT OFFICERS.—Section 577 of title 10, United States
Code, is amended by inserting ‘‘or an approved retirement date’’
after ‘‘an established separation date that is within 90 days after
the date on which the board is convened’’.
(b) OFFICERS.—Section 619(c)(2)(C) of title 10, United States
Code, is amended by inserting ‘‘or an approved retirement date’’
after ‘‘an established separation date that is within 90 days after
the date the board is convened’’.
(c) RESERVE COMPONENTS.—Section 14301(f) of title 10, United
States Code, is amended to read as follows:
‘‘(f) NONCONSIDERATION OF OFFICERS SCHEDULED FOR REMOVAL
FROM RESERVE ACTIVE-STATUS LIST.—The Secretary of the military
H. R. 5009—97
department concerned may, by regulation, preclude from consider-
ation by a selection board by which an officer would otherwise
be eligible to be considered, an officer who has an established
separation date that is within 90 days after the date the board
is convened or an approved retirement date.’’.
SEC. 504. TEMPORARY AUTHORITY TO INCREASE THE NUMBER OF
NURSE OFFICERS RECOMMENDED FOR PROMOTION.
Section 616(d) of title 10, United States Code, is amended—
(1) by striking ‘‘The number’’ and inserting ‘‘(1) Subject
to paragraph (2), the number’’; and
(2) by adding at the end the following new paragraph
(2):
‘‘(2) During the period beginning on January 1, 2025, and
ending on December 31, 2030, the number of officers recommended
for promotion by a selection board convened under section 611(a)
of this title may not equal or exceed 100 percent of the number
of officers included in the promotion zone established under section
623 of this title for consideration by the board, for nurse officers
recommended for promotion to major or lieutenant commander,
if the Secretary concerned determines that such greater number
is necessary to maintain or improve medical readiness.’’.
SEC. 505. TALENT MANAGEMENT AND PERSONNEL RETENTION FOR
MEMBERS OF THE ARMED FORCES.
(a) AUTHORITY FOR OFFICERS TO OPT-OUT OF PROMOTION BOARD
CONSIDERATION.—
(1) REGULAR
OFFICERS.—Section 619(e)(2)(A) of title 10,
United States Code, is amended—
(A) by inserting ‘‘training,’’ after ‘‘Department,’’; and
(B) by striking ‘‘assignment or education’’ and inserting
‘‘assignment, education, or training’’.
(2) RESERVE OFFICERS.—Section 14301(j)(2)(A) of title 10,
United States Code, is amended—
(A) by inserting ‘‘training,’’ after ‘‘Department,’’; and
(B) by striking ‘‘assignment or education’’ and inserting
‘‘assignment, education, or training’’.
(b) EFFECT OF FAILURE OF SELECTION FOR PROMOTION FOR
CERTAIN OFFICERS.—
(1) FIRST LIEUTENANTS AND LIEUTENANTS (JUNIOR GRADE).—
Section 631(a) of title 10, United States Code, is amended—
(A) in paragraph (1), by striking ‘‘the President
approves the report of the board which considered him
for the second time’’ and inserting ‘‘the Secretary concerned
releases the promotion results of the board which consid-
ered the officer for the second time to the public’’; and
(B) in paragraph (2), by striking ‘‘the President
approves the report of the board which considered him
for the second time’’ and inserting ‘‘the Secretary concerned
releases the promotion results of the board which consid-
ered the officer for the second time to the public’’.
(2) CAPTAINS AND MAJORS OF THE ARMY, AIR FORCE, AND
MARINE CORPS AND LIEUTENANTS AND LIEUTENANT COMMANDERS
OF THE NAVY.—Section 632(a)(2) of such title is amended by
striking ‘‘the President approves the report of the board which
considered him for the second time’’ and inserting ‘‘the Sec-
retary concerned releases the promotion results of the board
which considered the officer for the second time to the public’’.
H. R. 5009—98
(3) REGULAR NAVY AND REGULAR MARINE CORPS OFFICERS
DESIGNATED FOR LIMITED DUTY.—Section 8372 of such title is
amended—
(A) in subsection (b), by striking ‘‘the President
approves the report of the selection board in which the
officer is considered as having failed of selection for pro-
motion to the grade of commander or lieutenant colonel
for the second time’’ and inserting ‘‘the Secretary concerned
releases the promotion results of the board which consid-
ered the officer for the second time to the public’’;
(B) in subsection (d), by striking ‘‘the President
approves the report of the selection board in which the
officer is considered as having failed of selection for pro-
motion to the grade of lieutenant commander or major
for the second time’’ and inserting ‘‘the Secretary concerned
releases the promotion results of the board which consid-
ered the officer for the second time to the public’’; and
(C) in subsection (e), by striking ‘‘the President
approves the report of the selection board in which the
officer is considered as having failed of selection for pro-
motion to the grade of lieutenant or captain, respectively,
for the second time’’ and inserting ‘‘the Secretary concerned
releases the promotion results of the board which consid-
ered the officer for the second time to the public’’.
(4) RESERVE FIRST LIEUTENANTS OF THE ARMY, AIR FORCE,
AND MARINE CORPS AND RESERVE LIEUTENANTS (JUNIOR GRADE)
OF THE NAVY.—Section 14504 of such title is amended—
(A) in subsection (a), by striking ‘‘the President
approves the report of the board which considered the
officer for the second time’’ and inserting ‘‘the Secretary
concerned releases the promotion results of the board which
considered the officer for the second time to the public’’;
and
(B) in subsection (b), by striking ‘‘President approves
the report of the selection board which resulted in the
second failure’’ and inserting ‘‘the Secretary concerned
releases the promotion results of the board which consid-
ered the officer for the second time to the public’’.
(5) RESERVE CAPTAINS OF THE ARMY, AIR FORCE, AND MARINE
CORPS AND RESERVE LIEUTENANTS OF THE NAVY.—Section 14505
of such title is amended by striking ‘‘the President approves
the report of the board which considered the officer for the
second time’’ and inserting ‘‘the Secretary concerned releases
the promotion results of the board which considered the officer
for the second time to the public’’.
(6) RESERVE MAJORS OF THE ARMY, AIR FORCE, AND MARINE
CORPS AND RESERVE LIEUTENANT COMMANDERS OF THE NAVY.—
Section 14506 of such title is amended by striking ‘‘the Presi-
dent approves the report of the board which considered the
officer for the second time’’ and inserting ‘‘the Secretary con-
cerned releases the promotion results of the board which consid-
ered the officer for the second time to the public’’.
SEC. 506. CONSIDERATION OF MERIT BY SPECIAL SELECTION REVIEW
BOARDS.
(a) REGULAR COMPONENTS.—Section 628a(d)(4)(A) of title 10,
United States Code, is amended by inserting ‘‘ranks in the upper
H. R. 5009—99
half of an order of merit created by the special selection review
board or’’ before ‘‘ranks on an order of merit created by the special
selection review board as better qualified’’.
(b) RESERVE COMPONENTS.—Section 14502a(d)(4)(A) of title 10,
United States Code, is amended by inserting ‘‘ranks in the upper
half of an order of merit created by the special selection review
board or’’ before ‘‘ranks on an order of merit created by the special
selection review board as better qualified’’.
SEC. 507. EFFECT OF FAILURE OF SELECTION FOR PROMOTION: CAP-
TAINS AND MAJORS OF THE ARMY, AIR FORCE, MARINE
CORPS, AND SPACE FORCE AND LIEUTENANTS AND
LIEUTENANT COMMANDERS OF THE NAVY.
Section 632(c) of title 10, United States Code, is amended
to read as follows:
‘‘(c)(1) If an officer is subject to discharge under subsection
(a)(1) and, as of the date on which the officer is to be discharged
under that subsection, the officer has not completed the officer’s
active duty service obligation, the officer shall be retained on active
duty until completion of such active duty service obligation, and
then be discharged under subsection (a)(1), unless sooner retired
or discharged under another provision of law.
‘‘(2) The Secretary concerned may waive the applicability of
paragraph (1) to any officer if the Secretary determines that comple-
tion of the active duty service obligation of that officer is not
in the best interest of the service.’’.
SEC. 508. MODIFICATION OF AUTHORITY TO SEPARATE OFFICERS
WHEN IN THE BEST INTEREST OF THE SERVICE.
Section 1182(d) of title 10, United States Code, is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1)(A) If a board of inquiry determines that an officer should
be retained, the officer’s case is closed unless the board substan-
tiated a basis for separation and, upon recommendation from the
service chief, the Secretary of the military department determines
that the board’s retention recommendation is clearly erroneous
in light of the evidence considered by the board, a miscarriage
of justice, and inconsistent with the best interest of the service.
In such cases, the Secretary of the military department may sepa-
rate the officer after providing a written justification of the decision
to separate.
‘‘(B) An officer considered for separation under this section
must be notified and afforded the opportunity to present matters
for the Secretary of the military department to consider when
making the separation determination. The Secretary of the military
department shall review the case to determine whether the reten-
tion recommendation of the board is clearly contrary to the substan-
tial weight of the evidence in the record and whether the officer’s
conduct discredits the Service, adversely affects good order and
discipline, and adversely affects the officer’s performance of duty.
‘‘(C) Exercise of authority to separate an officer under this
section shall be reserved for unusual cases where such action is
essential to the interests of justice, discipline, and proper adminis-
tration of the service.’’;
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new para-
graph:
H. R. 5009—100
‘‘(2) Authority to direct administrative separation after a board
of inquiry’s recommendation to retain an officer may only be dele-
gated to a civilian official within a military department appointed
by the President, by and with the advice and consent of the Senate.
The least favorable characterization in such cases will be general
(under honorable conditions).’’.
SEC. 509. REMOTE APPEARANCE BEFORE A BOARD OF INQUIRY.
(a) REGULAR OFFICERS.—Section 1185 of title 10, United States
Code, is amended—
(1) in subsection (a)(3), by striking ‘‘shall be’’ and inserting
‘‘subject to subsection (c), shall be’’; and
(2) by adding at the end the following new subsection:
‘‘(c) The Secretary concerned may determine that, in exceptional
circumstances, the appearance of an officer before the proceedings
of a board of inquiry may be via means other than in person.’’.
(b) RESERVE OFFICERS.—Section 14904 of title 10, United States
Code, is amended—
(1) in subsection (a)(3), by striking ‘‘shall be’’ and inserting
‘‘subject to subsection (c), shall be’’; and
(2) by adding at the end the following new subsection:
‘‘(c) REMOTE APPEARANCE.—The Secretary concerned may deter-
mine that, in exceptional circumstances, the appearance of an officer
before the proceedings of a board of inquiry may be via means
other than in person.’’.
SEC. 509A. MARINE CORPS DEPUTY COMMANDANTS.
Section 8045 of title 10, United States Code, is amended by
striking ‘‘not more than seven Deputy Commandants’’ and inserting
‘‘not more than eight Deputy Commandants’’.
SEC. 509B. IMPROVEMENTS RELATING TO MEDICAL OFFICER OF THE
MARINE CORPS POSITION.
(a) MEDICAL OFFICER OF THE MARINE CORPS.—
(1) IN GENERAL.—Chapter 806 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 8048. Medical Officer of the Marine Corps
‘‘(a) There is a Medical Officer of the Marine Corps who shall
be appointed from among flag officers of the Navy.
‘‘(b) The Medical Officer of the Marine Corps, while so serving,
shall hold the grade of rear admiral (lower half).’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 806 of title 10, United States Code, is
amended by inserting after the item relating to section 8047
the following new item:
‘‘8048. Medical Officer of the Marine Corps.’’.
(b) EXCLUSION FROM CERTAIN DISTRIBUTION LIMITATIONS.—Sec-
tion 525 of such title is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new sub-
section:
‘‘(g) A naval officer while serving as the Medical Officer of
the Marine Corps is in addition to the number that would otherwise
be permitted for the Navy for officers serving on active duty in
the grade of rear admiral (lower half) under subsection (a).’’.
H. R. 5009—101
(c) EXCLUSION FROM ACTIVE DUTY STRENGTH LIMITATIONS.—
Section 526 of such title, as amended by section 502, is further
amended—
(1) by redesignating subsections (g) through (k) as sub-
sections (h) through (l), respectively; and
(2) by inserting after subsection (f) the following new sub-
section:
‘‘(g) EXCLUSION OF MEDICAL OFFICER OF MARINE CORPS.—The
limitations of this section do not apply to the flag officer who
is serving as the Medical Officer of the Marine Corps.’’.
SEC. 509C. VICE CHIEF OF SPACE OPERATIONS; VACANCY IN POSITION
OF CHIEF OF SPACE OPERATIONS.
(a) VICE CHIEF OF SPACE OPERATIONS.—Chapter 908 of title
10, United States Code, is amended—
(1) by redesignating sections 9083, 9084, 9085, and 9086
as sections 9084, 9085, 9086, and 9087, respectively; and
(2) by inserting after section 9082 the following new section
9083:
‘‘§ 9083. Vice Chief of Space Operations
‘‘(a) APPOINTMENT.—There is a Vice Chief of Space Operations,
appointed by the President, by and with the advice and consent
of the Senate, from the general officers of the Space Force.
‘‘(b) GRADE.—The Vice Chief of Space Operations, while so
serving, has the grade of general without vacating the permanent
grade of the officer.
‘‘(c) DUTIES.—The Vice Chief of Space Operations shall have
such authorities and duties with respect to the Space Force as
the Chief of Space Operations, with the approval of the Secretary
of the Air Force, may delegate to or prescribe for the Vice Chief
of Space Operations. Orders issued by the Vice Chief of Space
Operations in performing such duties have the same effect as orders
issued by the Chief of Space Operations.’’.
(b) VACANCY IN POSITION OF CHIEF OF SPACE OPERATIONS.—
Section 9082 of such title is amended by adding at the end the
following new subsection:
‘‘(f) VACANCY IN POSITION OF CHIEF OF SPACE OPERATIONS.—
When there is a vacancy in the position of Chief of Space Operations
or during the absence or disability of the Chief of Space Oper-
ations—
‘‘(1) the Vice Chief of Space Operations shall perform the
duties of the Chief of Space Operations until a successor is
appointed or the absence or disability ceases; or
‘‘(2) if there is a vacancy in the position of the Vice Chief
of Space Operations or the Vice Chief of Space Operations
is absent or disabled, unless the President directs otherwise,
the most senior officer of the Space Force in the Space Staff
who is not absent or disabled and who is not restricted in
performance of duty shall perform the duties of the Chief of
Space Operations until the earliest of—
‘‘(A) the appointment of a successor to the Chief of
Space Operations or the Vice Chief of Space Operations;
or
‘‘(B) the cessation of the absence or disability of the
Chief of Space Operations or Vice Chief of Space Oper-
ations.’’.
H. R. 5009—102
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of such chapter is amended by striking the items relating
to sections 9083, 9084, 9085, and 9086 and inserting the following
new items:
‘‘9083. Vice Chief of Space Operations.
‘‘9084. Office of the Chief of Space Operations: function; composition.
‘‘9085. Office of the Chief of Space Operations: general duties.
‘‘9086. Regular Space Force: composition.
‘‘9087. Space Development Agency.’’.
SEC. 509D. REPEAL OF ACTIVE DUTY SERVICE REQUIREMENT FOR
WARRANT OFFICER APPOINTMENTS IN AIR FORCE AND
SPACE FORCE.
(a) IN GENERAL.—Section 9160 of title 10, United States Code,
is hereby repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 915 of title 10, United States Code, is amended
by striking the item relating to section 9160.
SEC. 509E. REMOVAL OF OFFICERS FROM A LIST OF SPACE FORCE
OFFICERS RECOMMENDED FOR PROMOTION.
Section 20241(f) of title 10, United States Code, is amended
by striking ‘‘section 14310’’ and inserting ‘‘section 629 or 14310’’.
SEC. 509F. PILOT PROGRAM ON PEER AND SUBORDINATE ASSESS-
MENTS OF CERTAIN OFFICERS.
(a) ESTABLISHMENT.—Not later than one year after the date
of the enactment of this Act, the Secretary concerned shall imple-
ment, in a covered Armed Force, a five-year pilot program, pursuant
to which—
(1) an officer described in subsection (b) shall be assessed
by peers and subordinates; and
(2) the results of such assessments may be available to
a command selection or command qualification board concerned;
and
(3) the command selection or command qualification board
may consider such results in determining whether to rec-
ommend such officer for such selection or qualification.
(b) COVERED OFFICERS.—An officer described in this subsection
is a regular officer—
(1) eligible for consideration for command;
(2) in grade O-5 or O-6; and
(3) in a career field—
(A) specified in subsection (c); or
(B) determined by the Secretary concerned.
(c) COVERED CAREER FIELDS.—The career fields specified in
this subsection are the following:
(1) In the Navy, surface warfare, submarine warfare, spe-
cial warfare, or explosive ordnance disposal.
(2) In the Marine Corps, infantry, logistics, or field artillery.
(3) In the Air Force, operations or logistics.
(4) In the Space Force, space operations.
(d) SELECTION OF ASSESSORS.—The Secretary concerned may
select an individual to assess an officer under the pilot program
if the Secretary determines such individual has worked with the
officer closely enough to have an informed opinion regarding the
officer’s leadership abilities. An officer may not have any input
regarding the selection of an individual who shall assess such
officer.
H. R. 5009—103
(e) REPORT.—Not later than three months after the termination
of a pilot program, a Secretary concerned shall submit to the
Committees on Armed Services of the House of Representatives
and Senate a report regarding the pilot program. Elements of
each such report shall include the following:
(1) The determination of the Secretary concerned whether
the pilot program improved the command selection or command
qualification process of the covered Armed Force.
(2) The rationale and findings of the Secretary concerned
in determining whether to use such assessments in the com-
mand selection or command qualification process of such cov-
ered Armed Force.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means the Army,
Navy, Marine Corps, Air Force, or Space Force.
(2) The terms ‘‘regular’’ and ‘‘Secretary concerned’’ have
the meanings given such term in section 101 of title 10, United
States Code.
Subtitle B—Reserve Component
Management
SEC. 511. AUTHORITY TO EXTEND MILITARY TECHNICIANS UNTIL AGE
62.
(a) MILITARY TECHNICIAN.—Section 10216(f) of title 10, United
States Code, is amended by striking ‘‘60’’ and inserting ‘‘62.’’
(b) RETENTION
ON
RESERVE
ACTIVE-STATUS
LIST.—Section
14702(b) of such title is amended by striking ‘‘60’’ and inserting
‘‘62’’.
SEC. 512. EXTENSION OF TIME PERIOD FOR TRANSFER OR DISCHARGE
OF CERTAIN ARMY AND AIR FORCE RESERVE COMPONENT
GENERAL OFFICERS.
Section 14314 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1), (2), (3), and (4)
as subparagraphs (A), (B), (C), and (D), respectively;
(B) by striking ‘‘Within’’ and inserting ‘‘(1) Except as
provided in paragraph (2), within’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) For any general officer covered by paragraph (1) who is
released from a joint duty assignment or other non-joint active-
duty assignment, the Secretary concerned shall complete the
transfer or discharge required by paragraph (1) not later than
60 days after the officer’s release.’’; and
(2) in subsection (c), by striking ‘‘subsection (a)(3)’’ and
inserting ‘‘subsection (a)(1)(C)’’.
SEC. 513. EXPANDED AUTHORITY TO CONTINUE RESERVE COMPONENT
OFFICERS IN CERTAIN MILITARY SPECIALTIES ON THE
RESERVE ACTIVE-STATUS LIST.
(a) AUTHORITY FOR CONTINUATION ON THE RESERVE ACTIVE-
STATUS LIST.—Chapter 1409 of title 10, United States Code, is
amended by inserting after section 14701 the following new section:
H. R. 5009—104
‘‘§ 14701a. Continuation on reserve active-status list: officers
in certain military specialties and career tracks
‘‘(a) IN GENERAL.—The Secretary of the military department
concerned may authorize a reserve commissioned officer in a grade
above O-2 to remain on the reserve active-status list after the
date otherwise provided for the separation or retirement of the
officer under section 14505, 14506, or 14507 of this title, as
applicable, if the officer has a military occupational specialty, rating,
or specialty code in a military specialty designated pursuant to
subsection (b).
‘‘(b) MILITARY SPECIALTIES.—The Secretary of a military depart-
ment shall designate the military specialties in which a military
occupational specialty, rating, or specialty code, as applicable,
assigned to members of the armed forces under the jurisdiction
of such Secretary authorizes the members to be eligible for continu-
ation on the reserve active-status list as provided in subsection
(a).
‘‘(c) DURATION OF CONTINUATION.—An officer continued on the
reserve active-status list pursuant to this section shall, if not earlier
retired, transferred to the Retired Reserve, or discharged, be sepa-
rated in accordance with section 14513 or 14514 of this title, as
applicable, on the first day of the month after the month in which
the officer completes 40 years of commissioned service.
‘‘(d) REGULATIONS.—The Secretaries of the military depart-
ments shall carry out this section in accordance with regulations
prescribed by the Secretary of Defense. The regulations shall specify
the criteria to be used by the Secretaries of the military departments
in designating military specialties for purposes of subsection (b).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1409 of title 10, United States Code, is amended
by inserting after the item relating to section 14701 the following
new item:
‘‘14701a. Continuation on reserve active-status list: officers in certain military spe-
cialties and career tracks.’’.
(c) CONFORMING AMENDMENTS.—Title 10, United States Code,
is further amended—
(1) in section 1558(b)(2)(A), by inserting ‘‘14701a,’’ after
‘‘14701,’’;
(2) in section 14505, by inserting ‘‘or 14701a’’ after ‘‘14701’’;
(3) in section 14506, by inserting ‘‘14701a,’’ after ‘‘14701,’’;
and
(4) in section 14507, by inserting ‘‘, 14701a,’’ after ‘‘14701’’
both places it appears.
SEC. 514. TRANSFER TO THE SPACE FORCE OF COVERED SPACE FUNC-
TIONS OF THE AIR NATIONAL GUARD OF THE UNITED
STATES.
(a) TRANSFER OF COVERED SPACE FUNCTIONS.—
(1) IN GENERAL.—During the transition period, the Sec-
retary of the Air Force shall transfer to the Space Force the
covered space functions of the Air National Guard of the United
States. The transfer shall occur without regard to section 104
of title 32, United States Code, or section 18238 of title 10,
United States Code.
(2) PERSONNEL BILLETS LIMITATIONS.—With regard to per-
sonnel billets, the statutory waiver under paragraph (1) is
H. R. 5009—105
limited to 578 personnel billets of the Air National Guard,
as follows:
(A) 33 personnel from the State of Alaska.
(B) 126 personnel from the State of California.
(C) 119 personnel from the State of Colorado.
(D) 75 personnel from the State of Florida.
(E) 130 personnel from the State of Hawaii.
(F) 69 personnel from the State of Ohio.
(G) 26 personnel assigned to Headquarters, Air
National Guard.
(b) TRANSFER OF UNITS.—Upon the transfer to the Space Force
of a covered space function of the Air National Guard of the United
States, the Secretary of the Air Force may—
(1) change the status of a unit related to such covered
space function of the Air National Guard of the United States
from a unit of the Air National Guard of the United States
to a unit of the Space Force;
(2) deactivate the covered space function of the Air National
Guard of the United States; or
(3) assign the covered space function of the Air National
Guard of the United States a new Federal mission.
(c) TRANSFER OF COVERED MEMBERS.—
(1) OFFICERS.—During the transition period, the Secretary
of Defense may, with the consent of the covered officer, transfer
a covered officer of the Air National Guard of the United
States to, and appoint the covered officer in, the Space Force.
(2) ENLISTED MEMBERS.—During the transition period, the
Secretary of the Air Force may, with the consent of the covered
enlisted member, transfer a covered enlisted member of the
Air National Guard of the United States to the Space Force.
Upon such a transfer, the covered enlisted member shall cease
to be a member of the Air National Guard of the United
States and be discharged from enlistment as a Reserve of
the Air Force.
(3) EFFECTIVE DATE OF TRANSFERS.—A transfer under this
subsection shall be effective on the date specified by the Sec-
retary of Defense, in the case of an officer, or the Secretary
of the Air Force, in the case of an enlisted member. No date
so specified may be after the last day of the transition period.
(4) LIMITATIONS.—A covered officer or covered enlisted
member transferred under paragraph (1) or (2)—
(A) may consent to a transfer under this subsection
during the period, beginning on the date of the enactment
of this Act, that is the longer of one year, or a period
determined by the Secretary of Defense or the Secretary
of the Air Force, as applicable; and
(B) to the maximum extent practicable, shall not be
subject to a permanent change of duty station during the
period of three years beginning on the day that the covered
officer or covered enlisted member consents to such
transfer.
(d) REGULATIONS.—A transfer under subsection (c) shall be
carried out under regulations prescribed by the Secretary of
Defense. In the case of a covered officer, applicable regulations
shall include those prescribed pursuant to section 716 of title 10,
United States Code.
H. R. 5009—106
(e) TERM OF INITIAL ENLISTMENT IN THE SPACE FORCE.—In
the case of a covered enlisted member who is transferred to the
Space Force under subsection (c), the Secretary of the Air Force
may accept the initial enlistment of the covered enlisted member
in the Space Force for a period of less than two years if such
period is not shorter than the period remaining, as of the date
of the transfer, in the term of enlistment in a reserve component
of the Air Force of such covered enlisted member.
(f) END STRENGTH ADJUSTMENTS UPON TRANSFERS FROM THE
AIR NATIONAL GUARD OF THE UNITED STATES.—Upon the transfer
to the Space Force of a covered space function of the Air National
Guard of the United States during the transition period, the end
strength authorized for the Space Force pursuant to section
115(a)(1)(A) of title 10, United States Code, for the fiscal year
during which the transfer occurs, shall be increased by the number
of billets associated with such transfer.
(g) ADMINISTRATIVE PROVISIONS.—For purposes of the transfer
of covered members of the Air National Guard of the United States
under subsection (c)—
(1) the Air National Guard of the United States and the
Space Force shall be considered to be components of the same
Armed Force; and
(2) the Space Force officer list shall be considered to be
an active-duty list of such Armed Force.
(h) RETRAINING
AND
REASSIGNMENT
FOR
MEMBERS
NOT
TRANSFERRING.—If a covered member of the Air National Guard
of the United States does not consent to a transfer under subsection
(c), the Secretary of the Air Force shall provide to the covered
member retraining and reassignment, in a reserve component of
the Air Force, that the Secretary determines appropriate for such
covered member.
(i) PROTECTION OF RANK AND PAY.—A covered member of the
Air National Guard who transfers to the Space Force under sub-
section (c) shall not lose rank or pay solely as a result of such
transfer.
(j) SPACE FORCE UNITS
IN AFFECTED STATES.—In order to
reduce the cost of transferring to the Space Force a covered space
function of the Air National Guard of the United States, and to
reduce the impact of such a transfer on an affected State, the
following provisions apply:
(1) Except as provided in paragraph (2), the Space Force
shall continue to perform the mission of a covered space func-
tion of the Air National Guard of the United States within
the affected State during a period not shorter than 10 years
following the date of such transfer.
(2) Except when the Secretary of the Air Force determines
that it would not be in the best interests of the United States,
the Secretary may not, during the 10-year period following
such a transfer, move a covered space function of the Air
National Guard of the United States out of an affected State
until 120 days after the congressional defense committees
receive, from the Secretary of the Air Force, notice of such
move, including—
(A) details of such move; and
(B) an explanation regarding why the move is nec-
essary to support the National Defense Strategy.
H. R. 5009—107
(3) Unless the Secretary of the Air Force determines that
it would not be in the best interests of the United States,
the Secretary shall seek to enter into an agreement with the
Governor of an affected State under which the Space Force
may be a tenant on an installation—
(A) of the National Guard of the affected State; and
(B) that was the home station of a covered space func-
tion of the Air National Guard of the United States.
(k) DEFINITIONS.—In this section:
(1) The term ‘‘active-duty list’’ has the meaning given such
term in section 101 of title 10, United States Code.
(2) The term ‘‘affected State’’ means Alaska, California,
Colorado, Florida, Hawaii, or Ohio.
(3) The term ‘‘covered’’, with respect to a member of the
Air National Guard of the United States, has the meaning
given such term in section 1733 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31;
137 Stat. 676).
(4) The term ‘‘covered space function of the Air National
Guard of the United States’’ means any of the following units
of the Air National Guard of the United States associated
with the performance of a space-related function, including
personnel, equipment, and resources:
(A) 213th Space Warning Squadron, Alaska Air
National Guard.
(B) 148th Space Operations Squadron, California Air
National Guard.
(C) 216th Electromagnetic Warfare Squadron, Cali-
fornia Air National Guard.
(D) 137th Space Warning Squadron, Colorado Air
National Guard.
(E) 138th Electromagnetic Warfare Squadron, Colorado
Air National Guard.
(F) 114th Electromagnetic Warfare Squadron, Florida
Air National Guard.
(G) 150th Electromagnetic Warfare Squadron, Hawaii
Air National Guard.
(H) 109th Electromagnetic Warfare Squadron, Hawaii
Air National Guard.
(I) 126th Intelligence Squadron, Ohio Air National
Guard.
(5) The term ‘‘Space Force officer list’’ means the list main-
tained under section 20235 of title 10, United States Code.
(6) The term ‘‘transition period’’ means the period beginning
on the date of the enactment of this Act and ending on the
last day of the eighth fiscal year beginning after the date
of the enactment of this Act.
SEC. 515. NOTICE TO CONGRESS REGARDING REAPPORTIONMENT OF
NATIONAL GUARD FORCE STRUCTURE.
(a) IN GENERAL.—Not later than 60 days before reapportioning
the force structure of the National Guard of a State, including
by converting a position into a military technician (dual status),
the Chief of the National Guard Bureau, in consultation with the
Secretary of the military department concerned, shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a notice of such reapportionment.
H. R. 5009—108
(b) FORM; ELEMENTS.—A notice under subsection (a)—
(1) may be submitted in unclassified form with a classified
annex; and
(2) shall include the following elements:
(A) A description of such reapportionment, including
the number of such conversions and any changes to the
number of personnel.
(B) A description of the projected operational effect
of such reapportionment on the mission of the National
Guard of such State.
(C) A description of any end strength requirements
that justify such reapportionment.
(D) Recommendations for any change to statutory end
strengths that may be necessary to offset such require-
ments.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘military technician (dual status)’’ has the
meaning given such term in section 10216 of title 10, United
States Code.
(2) The term ‘‘State’’ has the meaning given such term
in section 901 of title 32, United States Code.
Subtitle C—General Service Authorities,
Decorations and Awards, and Military
Records
SEC. 521. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO
MEMBERS OF THE SPACE FORCE.
(a) APPOINTMENT OF CHAIRMAN OF THE JOINT CHIEFS OF STAFF;
GRADE AND RANK.—Section 152(c) of title 10, United States Code,
is amended by striking ‘‘general, in the case of the Navy, admiral,
or, in the case of an officer of the Space Force, the equivalent
grade’’ and inserting ‘‘general or, in the case of the Navy, admiral’’.
(b)
JOINT
REQUIREMENTS
OVERSIGHT
COUNCIL.—Section
181(c)(1)(F) of such title is amended by striking ‘‘in the grade
equivalent to the grade of general in the Army, Air Force, or
Marine Corps, or admiral in the Navy’’ and inserting ‘‘in the grade
of general’’.
(c) ORIGINAL APPOINTMENTS OF COMMISSIONED OFFICERS.—
(1) APPOINTMENTS.—Section 531(a) of such title is
amended—
(A) in paragraph (1), by striking ‘‘and Regular Marine
Corps in the grades of ensign, lieutenant (junior grade),
and lieutenant in the Regular Navy, and in the equivalent
grades in the Space Force’’ and inserting ‘‘Regular Marine
Corps, and Space Force, and in the grades of ensign,
lieutenant (junior grade), and lieutenant in the Regular
Navy’’; and
(B) in paragraph (2), by striking ‘‘and Regular Marine
Corps in the grades of lieutenant commander, commander,
and captain in the Regular Navy, and in the equivalent
grades in the Space Force’’ and inserting ‘‘Regular Marine
Corps, and Space Force, and in the grades of lieutenant
commander, commander, and captain in the Regular Navy’’.
H. R. 5009—109
(2) SERVICE
CREDIT
UPON
ORIGINAL
APPOINTMENT
AS
A
COMMISSIONED
OFFICER.—Section 533(b)(2) of such title is
amended by striking ‘‘or Marine Corps, captain in the Navy,
or an equivalent grade in the Space Force’’ and inserting
‘‘Marine Corps, or Space Force, or captain in the Navy’’.
(d) SELECTION BOARDS.—
(1) CONVENING OF SELECTION BOARDS.—Section 611(a) of
such title is amended by striking ‘‘or Marine Corps’’ and
inserting ‘‘Marine Corps, or Space Force’’.
(2) JQO MEMBER REQUIRED FOR BOARDS TO CONSIDER OFFI-
CERS WHO ARE JOINT QUALIFIED OFFICERS.—Section 612(c)(3)(A)
of such title is amended by inserting ‘‘or the Space Force’’
after ‘‘of the Marine Corps’’.
(e) PROMOTION ZONE DEFINITION.—Section 645(1)(A) of such
title is amended by striking ‘‘and Marine Corps,’’ both places it
appears and inserting ‘‘Marine Corps, and Space Force,’’.
(f) RETIRED GRADE.—
(1) REGULAR COMMISSIONED OFFICERS.—Section 1370(g) of
such title is amended by striking ‘‘or Marine Corps, rear
admiral in the Navy, or an equivalent grade in the Space
Force’’ and inserting ‘‘Marine Corps, or Space Force, or rear
admiral in the Navy’’.
(2) OFFICERS ENTITLED TO RETIRED PAY FOR NON-REGULAR
SERVICE.—Section 1370a of such title is amended—
(A) in subsection (d)(1), by striking ‘‘or Marine Corps’’
both places it appears and inserting ‘‘Marine Corps, or
Space Force’’; and
(B) in subsection (h), by striking ‘‘or Marine Corps’’
and inserting ‘‘Marine Corps, or Space Force,’’.
(g) TITLE OF CHIEF MASTER SERGEANT OF THE SPACE FORCE.—
(1) RETIRED BASE PAY.—Section 1406(i)(3)(B)(v) of such title
is amended by striking ‘‘The senior enlisted advisor of the
Space Force’’ and inserting ‘‘Chief Master Sergeant of the Space
Force’’.
(2) PAY OF SENIOR ENLISTED MEMBERS.—Section 210(c)(5)
of title 37, United States Code, is amended by striking ‘‘The
senior enlisted advisor of the Space Force’’ and inserting ‘‘The
Chief Master Sergeant of the Space Force’’.
(3) PERSONAL MONEY ALLOWANCE.—Section 414(b) of title
37, United States Code, is amended by striking ‘‘the senior
enlisted advisor of the Space Force’’ and inserting ‘‘the Chief
Master Sergeant of the Space Force’’.
(4) BASIC
PAY
RATE.—Footnote 2 of the table titled
‘‘ENLISTED MEMBERS’’ in section 601(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109–364; 37 U.S.C. 1009 note) is amended by striking
‘‘the senior enlisted advisor of the Space Force’’ and inserting
‘‘Chief Master Sergeant of the Space Force’’.
(h) FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED
MEMBERS.—Section 2107 of title 10, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘Marine Corps,, as the
case may be’’ and inserting ‘‘Marine Corps, or Space Force’’;
and
(2) in subsection (d), by striking ‘‘lieutenant, ensign, or
an equivalent grade in the Space Force,’’ and inserting ‘‘lieuten-
ant or ensign,’’.
H. R. 5009—110
(i) DESIGNATION OF SPACE SYSTEMS COMMAND AS A FIELD COM-
MAND
OF
THE
UNITED
STATES
SPACE
FORCE.—Section
9016(b)(6)(B)(iv)(II) of such title is amended by striking ‘‘Space
and Missile Systems Center’’ and inserting ‘‘Space Systems Com-
mand’’.
(j) CHIEF OF SPACE OPERATIONS.—Section 9082 of such title
is amended—
(1) in subsection (a), by striking ‘‘, flag, or equivalent’’
each place it appears; and
(2) in subsection (b), by striking ‘‘grade in the Space Force
equivalent to the grade of general in the Army, Air Force,
and Marine Corps, or admiral in the Navy’’ and inserting
‘‘grade of general’’.
(k) AWARDS AND DECORATIONS.—
(1) DISTINGUISHED FLYING CROSS.—Section 9279(a) of such
title is amended—
(A) by adding ‘‘or Space Force’’ after ‘‘Air Force’’; and
(B) by adding ‘‘or space’’ after ‘‘aerial’’.
(2) AIRMAN’S MEDAL.—Section 9280(a)(1) of such title is
amended by adding ‘‘or Space Force’’ after ‘‘Air Force’’.
(l) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.—
Section 9414b(a)(2)(B) of such title is amended by striking ‘‘or
the equivalent grade in the Space Force’’.
(m) ORDERS TO ACTIVE DUTY: WITHOUT CONSENT OF MEMBER
OF THE SPACE FORCE.—Section 20106(d) of such title is amended
by striking ‘‘pertaining’’.
(n) CONVENING OF SELECTION BOARDS OF THE SPACE FORCE.—
Section
20211(b)
of
such
title
is
amended
by
striking
‘‘20238(a)(4)(A)’’ and inserting ‘‘20239(c)(4)(A)’’.
(o) COMPOSITION OF SELECTION BOARDS OF THE SPACE FORCE.—
Section 20212(a)(1) of such title is amended by striking ‘‘Secretary
of Air Force’’ and inserting ‘‘Secretary of the Air Force’’.
(p) REPORTS OF SELECTION BOARDS OF THE SPACE FORCE.—
Section 20216(c) of such title is amended by striking ‘‘20214(g)’’
and inserting ‘‘20215(g)’’.
(q) ELIGIBILITY FOR CONSIDERATION FOR PROMOTION: GENERAL
RULES
OF
THE SPACE FORCE.—Section 20231 of such title is
amended—
(1) in subsection (b)—
(A) in paragraph (4), by striking ‘‘20238(a)(4)’’ and
inserting ‘‘20239(c)(4)’’; and
(B) in paragraph (5), by striking ‘‘20232’’ and inserting
‘‘section 20232’’; and
(2) in subsection (c)(2)(E), by striking ‘‘Secretary Air Force’’
and inserting ‘‘Secretary of the Air Force’’.
(r) OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION IN THE
SPACE FORCE.—Section 20234(b) of such title is amended by striking
‘‘pursuant subsection (a)’’ and inserting ‘‘pursuant to subsection
(a)’’.
(s) PROMOTIONS IN THE SPACE FORCE: HOW MADE.—Section
20239 of such title is amended—
(1) in subsection (c)(2), by striking ‘‘subparagraph (A)’’ and
inserting ‘‘paragraph (1)’’; and
(2) in subsection (d)(2), by striking ‘‘subparagraph (C)(ii)
of such section’’ and inserting ‘‘section 741(d)(4)(C)(ii) of this
title’’.
H. R. 5009—111
(t) GENERAL OFFICERS
OF
THE SPACE FORCE CEASING
TO
OCCUPY
POSITIONS
COMMENSURATE
WITH
GRADE.—Section
20243(a)(3) of such title is amended by striking ‘‘as a’’.
(u) FAILURE
OF SELECTION
FOR PROMOTION
IN
THE SPACE
FORCE.—Section 20251 of such title is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘14504 and section 631 and 632’’ and inserting ‘‘14504,
631, and 632’’; and
(B) in paragraph (2), by striking ‘‘section 14201 or
611’’ and inserting ‘‘section 14201 or section 611’’; and
(2) in subsection (d)(1), by striking ‘‘14502(b)’’ and inserting
‘‘14501(b)’’.
(v) SPECIAL SELECTION BOARDS OF THE SPACE FORCE; CORREC-
TION OF ERRORS.—
(1) IN GENERAL.—The second section 20251 of such title
is amended—
(A) in subsection (b)—
(i) in paragraph (2)—
(I) by striking ‘‘((1)’’ and inserting ‘‘(1)’’; and
(II) by striking ‘‘sch’’ and inserting ‘‘such’’; and
(ii) in paragraph (4), by striking ‘‘a officer’’ and
inserting ‘‘an officer’’; and
(B) in subsection (f)(2), by striking ‘‘which of officer’’
and inserting ‘‘which an officer’’.
(2) REDESIGNATION.—Such section is redesignated as sec-
tion 20252 of such title (and the heading of such section and
the table of sections at the beginning of subchapter IV of
part I of chapter 2005 of such title are amended accordingly).
(w) APPLICABILITY OF CERTAIN PROVISIONS OF LAW RELATED
TO SEPARATION
OF
A MEMBER
OF
THE SPACE FORCE.—Section
20401(b) of such title is amended by inserting ‘‘, and’’ after ‘‘1174(b)’’.
(x) RETENTION BOARDS OF THE SPACE FORCE.—Section 20502
of such title is amended—
(1) in subsection (c)—
(A) in the heading, by striking ‘‘THAN an Officer Has
Failed to Establish That the Officer Should Be Retained’’
and inserting ‘‘THAT AN OFFICER HAS FAILED TO ESTABLISH
THAT THE OFFICER SHOULD BE RETAINED’’; and
(B) by moving paragraph (1) to appear in line with
the subsection heading and adjusting the margins accord-
ingly; and
(2) in subsection (d), in the heading, by striking ‘‘THAN’’
and inserting ‘‘THAT’’.
(y) PROMOTION AUTHORITY FLEXIBILITY OF THE SPACE FORCE.—
Section 1737(b)(3)(A) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 678) is amended
by striking ‘‘20213’’ and inserting ‘‘20212’’.
SEC. 522. MODIFIED AUTHORITY TO PROVIDE PROTECTION TO SENIOR
LEADERS OF THE DEPARTMENT OF DEFENSE AND OTHER
SPECIFIED PERSONS.
(a) EXPANSION.—Section 714 of title 10, United States Code,
is amended—
(1) in the section heading, by striking ‘‘WITHIN THE UNITED
STATES’’;
H. R. 5009—112
(2) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘within the United States’’; and
(3) in subsection (b)(1), in the matter preceding sub para-
graph (A), by striking ‘‘within the United States’’.
(b) LIMITATION ON DELEGATION OF AUTHORITY.—Such section
is further amended, in subsection (b)(3), by inserting ‘‘or the Under
Secretary of Defense for Intelligence and Security’’ after ‘‘only to
the Deputy Secretary of Defense’’.
(c) WRITTEN DETERMINATIONS INCLUDE DENIALS.—Such section
is further amended, in subsection (b)(4)—
(1) by inserting ‘‘whether’’ before ‘‘to provide’’;
(2) by striking ‘‘the authorized’’ and inserting ‘‘any author-
ized’’; and
(3) by striking ‘‘the arrangements for the’’ and inserting
‘‘any arrangements for such’’.
(d) REPORTING.—Such section is further amended, in subsection
(b)(6)(A)—
(1) by striking ‘‘each determination made under paragraph
(4) to provide protection and security to an individual’’ and
inserting ‘‘an initial determination made under paragraph (4),
or a determination to deny the renewal of protection and secu-
rity’’; and
(2) by adding at the end the following: ‘‘In the case of
determination to continue protection and security, the Secretary
shall make such submission not less than twice each year.’’
(e) TEMPORARY PROTECTION.—Such section is further amended,
in subsection (b), by adding at the end the following new paragraph:
‘‘(7) TEMPORARY
PROTECTION.—The Secretary of Defense
may temporarily provide physical protection and personal secu-
rity under this subsection to an individual—
‘‘(A) pending the determination of the Secretary under
paragraph (4) regarding such individual; and
‘‘(B) for a period not to exceed 30 days.’’.
SEC. 523. IMPROVING MILITARY ADMINISTRATIVE REVIEW.
(a) IN GENERAL.—Section 1552(a) of title 10, United States
Code, is amended by amending paragraph (5) to read as follows:
‘‘(5) Each final decision of the board under this subsection
shall be made available to the public in electronic form on a central-
ized Internet website. The information provided shall include a
summary of each decision, to be indexed by subject matter, except
that the Secretary shall protect the privacy of claimants by
redacting all personally identifiable information.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2026.
SEC. 524. DETERMINATION OF ACTIVE DUTY SERVICE COMMITMENT
FOR RECIPIENTS OF FELLOWSHIPS, GRANTS, AND SCHOL-
ARSHIPS.
Section 2603(b) of title 10, United States Code, is amended
by striking ‘‘three times the length of the period of the education
or training.’’ and inserting ‘‘determined by the Secretary concerned,
which may not be less than twice the length of the period of
the education or training. Notwithstanding section 2004(c) of this
title, the service obligation required under this subsection may
run concurrently with any service obligations incurred under
chapter 101 of this title in accordance with regulations established
by the Secretary concerned.’’.
H. R. 5009—113
SEC. 525. AUTHORITY TO DESIGNATE CERTAIN SEPARATED MEMBERS
OF THE AIR FORCE AS HONORARY SEPARATED MEMBERS
OF THE SPACE FORCE.
Chapter 933 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 9254. Authority to designate certain separated members
of the Air Force as honorary separated members
of the Space Force
‘‘(a) AUTHORITY.—The Secretary of the Air Force may prescribe
regulations that authorize an eligible individual to be designated
as an honorary separated member of the Space Force. An eligible
individual so designated may be referred to as a ‘Legacy Guardian’.
‘‘(b) ELEMENTS.—Regulations prescribed under this section may
include the following elements:
‘‘(1) Eligibility criteria, including applicable dates of service
and constructive service credit, for designation under this sec-
tion.
‘‘(2) An application process through which an eligible indi-
vidual, or a survivor of a deceased eligible individual, may
apply for such designation of such eligible individual.
‘‘(3) A certificate, approved device, or other insignia of
such designation.
‘‘(c) RULE OF CONSTRUCTION.—Designation of an eligible indi-
vidual under this section shall not be construed to entitle such
eligible individual to any benefit in addition to those established
by this section or pursuant to regulations prescribed under this
section.
‘‘(d) ELIGIBLE INDIVIDUAL DEFINED.—In this section, the term
‘eligible individual’ means an individual—
‘‘(1) whom the Secretary of the Air Force determines served
in support of space operations as a member of the Air Force;
and
‘‘(2) who separates (or previously separated) from the armed
forces as a member of the Air Force.’’.
SEC. 526. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
RODERICK W. EDMONDS.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain medals
to persons who served in the Armed Forces, the President may
posthumously award the Medal of Honor, under section 7271 of
such title, to Roderick W. Edmonds for his actions as a master
sergeant in the Army during the period of January 27 through
March 30, 1945.
(b) AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE
CROSS TO WILLIAM D. OWENS.—Notwithstanding the time limita-
tions specified in section 7274 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President
may posthumously award the Distinguished Service Cross, under
section 7272 of such title, to William D. Owens for his actions
as a staff sergeant in the Army during the period of June 6 through
June 8, 1944, at La Fiere Bridge, for which he was previously
awarded the Bronze Star.
H. R. 5009—114
SEC. 527. POSTHUMOUS ADVANCEMENT OF GENERAL JOHN D.
LAVELLE, UNITED STATES AIR FORCE, ON THE RETIRED
LIST.
(a) ADVANCEMENT.—General John D. Lavelle, United States
Air Force (retired), is entitled to hold the rank of lieutenant general
while on the retired list of the Air Force.
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The advancement
of General John D. Lavelle on the retired list of the Air Force
under subsection (a) shall not affect the retired pay or other benefits
from the United States to which General John D. Lavelle would
have been entitled based upon his military service or affect any
benefits to which any other person may become entitled based
on his military service.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed as authorizing the advancement of General John D.
Lavelle to a rank higher than lieutenant general.
Subtitle D—Recruitment
SEC. 531. EXPANSION OF REPORT ON FUTURE SERVICEMEMBER PRE-
PARATORY COURSE.
Section 546 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 10 U.S.C. 520 note) is amended—
(1) in subsection (c)—
(A) by amending paragraph (2) to read as follows:
‘‘(2) GRADUATION REQUIREMENT.—Prior to attending initial
basic training, all enlisted persons attending the course estab-
lished under this section must achieve a score on the Armed
Forces Qualification Test that is—
‘‘(A) at least 10 points higher than the individual’s
most recent score taken prior to the individual’s date of
enlistment; or
‘‘(B) no longer subject to the restrictions of section
520 of title 10, United States Code.’’; and
(B) in paragraph (3), by striking ‘‘course graduation
requirements within 180 days of enlistment’’ and inserting
‘‘meaningful progress, as determined by the Secretary con-
cerned, within 90 days of enlistment’’; and
(2) in subsection (d)—
(A) by redesignating paragraph (4) as paragraph (6);
and
(B) by inserting, after paragraph (3), the following
new paragraphs:
‘‘(4) The determination of the Secretary regarding the
effectiveness of the preparatory course.
‘‘(5) Recommendations of the Secretary regarding—
‘‘(A) how to improve the preparatory course;
‘‘(B) whether to expand the preparatory course.’’.
SEC. 532. PROMOTING MILITARY, NATIONAL, AND PUBLIC SERVICE.
(a) SELECTIVE SERVICE SYSTEM DATA SHARING AMENDMENTS.—
Section 15(e) of the Military Selective Service Act (50 U.S.C. 3813(e))
is amended—
(1) by striking ‘‘the names and addresses’’ and inserting
‘‘the full names, email addresses (if available), dates of birth,
phone numbers (if available), and mailing addresses’’; and
H. R. 5009—115
(2) by striking ‘‘Names and addresses furnished’’ and
inserting ‘‘Full names, email addresses, dates of birth, phone
numbers, and mailing addresses furnished’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect 120 days after the date of the enactment of this
Act.
SEC. 533. MILITARY RECRUITER PHYSICAL ACCESS TO CAMPUSES.
(a) IN GENERAL.—Subpart 2 of Part F of title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901
et seq.) is amended by inserting after section 8528 the following:
‘‘SEC. 8528A. MILITARY RECRUITER ACCESS TO SECONDARY SCHOOL
CAMPUSES.
‘‘Each local educational agency receiving assistance under this
Act shall provide military recruiters the same access to the campus
of each secondary school served by the local educational agency
for the purpose of recruiting students who are at least 17 years
of age that is provided to any prospective employer, institution
of higher education, or other recruiter.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect one year after the date of the enactment of this
Act.
(c) COMPLIANCE MONITORING AND REPORTING.—On an annual
basis, the Secretary of Defense shall—
(1) collect information from military recruiters regarding
the compliance of local educational agencies with the require-
ments of section 8528A of the Elementary and Secondary Edu-
cation Act of 1965 (as added by subsection (a)); and
(2) based on such information, prepare and submit to the
Committees on Armed Services of the Senate and House of
Representatives a report that—
(A) identifies each local educational agency that the
Secretary determines to be in violation of such section;
and
(B) explains the reasons for such determination.
SEC. 534. MILITARY ENTRANCE PROCESSING COMMAND: ACCELERA-
TION OF REVIEW OF MEDICAL RECORDS.
(a) IN GENERAL.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall implement
a program to use health care providers, from any component of
the Armed Forces under the jurisdiction of such Secretary, to sup-
port United States Military Entrance Processing Command (in this
section, referred to as ‘‘MEPCOM’’) and accelerate the review of
medical records, as determined necessary by the Secretary.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the Committees
on Armed Services of the Senate and House of Representatives
a briefing on actions taken to carry out subsection (a).
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report regarding the program under subsection (a) that includes
an explanation of any effect the program has had on recruitment,
including the speed of medical waiver processing.
H. R. 5009—116
SEC. 535. MEDICAL ACCESSION RECORDS PILOT PROGRAM: NOTICE
OF TERMINATION.
The Secretary of Defense shall notify the Committees on Armed
Services of the Senate and House of Representatives at least one
year before terminating the Medical Accession Records Pilot pro-
gram.
SEC.
536.
PROVISION
OF
INFORMATION
REGARDING
FEDERAL
SERVICE TO CERTAIN PERSONS INELIGIBLE TO ENLIST
IN CERTAIN ARMED FORCES.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall prescribe
regulations directing the Secretary of a military department to
provide, to a person described in subsection (b), information
regarding opportunities for Federal, or other public, service for
which the person may be qualified.
(b) CERTAIN PERSONS NOT QUALIFIED TO ENLIST.—A person
described in this subsection is a person ineligible to serve in a
covered Armed Force.
(c) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the Army, Navy, Marine Corps, Air
Force, or Space Force.
SEC. 537. REIMBURSEMENT OF APPLICANTS TO CERTAIN ARMED
FORCES
FOR
CERTAIN
MEDICAL
COSTS
INCURRED
DURING MILITARY ENTRANCE PROCESSING.
(a) AUTHORITY.—The Secretary of Defense may reimburse an
individual who applies to join a covered Armed Force for costs
incurred by such individual for a medical appointment required
for military entrance processing.
(b) MAXIMUM AMOUNT.—The maximum amount an individual
may be reimbursed under this section is $100.
(c) BRIEFINGS.—Not later than 16 months after the date of
the enactment of this Act and once each year thereafter for two
years, the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing
on reimbursements under this section. Such a briefing shall include,
with respect to the most recent one-year period after such date,
the following elements:
(1) The number of individuals reimbursed.
(2) The total funds spent each on such reimbursements.
(3) The number of civilian employees hired by the Secretary
to carry out this section.
(4) The effect, if any, of such reimbursements on—
(A) the time required to complete military entrance
processing; and
(B) recruitment.
(5) Other information the Secretary determines appro-
priate.
(d) SUNSET.—The authority to reimburse under this section
shall terminate on the day that is three years after the date of
the enactment of this Act.
(e) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the Army, Navy, Marine Corps, Air
Force, or Space Force.
H. R. 5009—117
SEC. 538. AUTHORITY TO MODERNIZE RECRUITMENT FOR THE ARMY.
(a) AUTHORITY.—During fiscal year 2025, the Secretary of the
Army may modernize recruitment for the Army in order to attract
and retain fit and ready individuals to serve as members of the
Army. To carry out such modernization, the Secretary may take
steps including the following:
(1) Establish a military occupational specialty for enlisted
members who specialize in talent acquisition.
(2) Establish a professional recruiting force of warrant
officers who specialize in talent acquisition, data analytics,
and other human resource functions necessary to develop exper-
tise in recruiting and military accessions.
(3) Routinely determine which areas of the United States
yield greater-than-average numbers of recruits and, with regard
to each such area—
(A) build relationships with sources of such recruits,
including schools; and
(B) assign additional recruiting personnel.
(4) Consider using a commercially available, off-the-shelf,
recruiting platform.
(b) BRIEFINGS.—Not later than the last day of each quarter
of fiscal year 2025, the Secretary of the Army shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on the use of the authority under this
section. Each such briefing shall include the following:
(1) An up-to-date timeline, milestones, resources used, and
resources needed for such use.
(2) The number of enlisted members, officers, and civilian
employees of the Army required to use such authority.
(3) Policies altered or prescribed by the Secretary to use
such authority and recruit a capable and ready all-volunteer
force.
(4) Related legislative recommendations of the Secretary.
SEC. 539. PROGRAM OF MILITARY RECRUITMENT AND EDUCATION AT
THE NATIONAL SEPTEMBER 11 MEMORIAL AND MUSEUM.
(a) AUTHORITY.—Not later than September 30, 2025, the Sec-
retary of Defense shall seek to enter into an agreement with the
entity that operates the National September 11 Memorial and
Museum (in this section referred to as ‘‘the Museum’’) under which
the Secretary and such entity shall carry out a program at the
Museum to promote military recruitment and education.
(b) PROGRAM.—A program under subsection (a) shall include
the following:
(1) Provision of informational materials to promote enlist-
ment in the covered Armed Forces, by the Secretary to such
entity, for distribution at the Museum.
(2) Education and exhibits, developed jointly by the Sec-
retary and such entity, and provided to the public by employees
of the Museum, to—
(A) enhance understanding of the military response
to the attacks on September 11, 2001; and
(B) encourage enlistment and re-enlistment in the cov-
ered Armed Forces.
(c) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the Army, Navy, Marine Corps, Air
Force, or Space Force.
H. R. 5009—118
SEC. 539A. MARITIME WORKFORCE PROMOTION AND RECRUITMENT.
(a) CONTRACT FOR TARGETED CAMPAIGN.—Not later than one
year after the date of the enactment of this Act, the Secretary
of the Navy, in coordination with the heads of such other Federal
agencies as the Secretary determines appropriate, shall seek to
enter into a contract with an entity described in subsection (b),
through a competitive bidding process, for the establishment a
targeted campaign to educate and recruit potential workers
regarding careers in the maritime sector, including by—
(1) promoting maritime workforce in the United States
including careers in the maritime industry afloat, including
in the United States Merchant Marine, sailing in the Military
Sealift Command, and related positions in the maritime sector;
and
(2) promoting the United States shipbuilding industry and
highlighting the critical need to attract skilled workers in the
shipbuilding and related maritime sectors.
(b) ENTITY DESCRIBED.—An entity described in this subsection
is a reputable marketing, recruiting, and public relations firm with
expertise in developing and deploying branding, content, advertising
buys, and local and national engagement strategies.
(c) CAMPAIGN OBJECTIVES.—A contract entered into under sub-
section (a) shall provide that the campaign carried out pursuant
to the contract shall—
(1) emphasize the importance of the maritime workforce
for national security;
(2) showcase the numerous career opportunities available
in the maritime domain;
(3) highlight the career opportunities in the maritime
sector;
(4) promote the excitement, benefits, and appeal of a career
in the maritime industry;
(5) inform potential workers of the points of entry available
to join and receive training for such employment, including—
(A) the United States Merchant Marine Academy;
(B) State and regional maritime academies described
in chapter 515 of title 46, United States Code;
(C) centers of excellence for domestic maritime
workforce training and education designated under section
51706 of title 46, United States Code;
(D) the Military to Mariners Act (46 U.S.C. 7302 note);
(E) merchant mariner and shipbuilding labor union
training facilities;
(F) merchant mariner and shipbuilding apprenticeship
programs approved by the Secretary of Labor;
(G) shipbuilding industry training programs; and
(H) any other potential resources as identified by the
Secretary of the Navy;
(6) inform potential workers of sources of financial assist-
ance for training for individuals interested in joining such
industry; and
(7) attract workers to the United States merchant marine,
shipbuilding, and related sectors.
(d) TARGET AUDIENCE.—A contract entered into under sub-
section (a) shall provide that in carrying out the campaign carried
out pursuant to the contract, the entity shall target a diverse
audience, including—
H. R. 5009—119
(1) potential workers interested in maritime careers;
(2) educational institutions, including K-12 educational
institutions and community colleges, and the students of such
institutions considering vocational training in maritime fields;
(3) military veterans;
(4) individuals seeking career transitions; and
(5) the general public.
(e) REPORTING AND ACCOUNTABILITY.—
(1) QUARTERLY
REPORT.—A contract entered into under
subsection (a) shall provide that, not later than 30 days after
the end of each quarter of each fiscal year during which a
campaign is carried out pursuant to the contract, the entity
carrying out the campaign, in consultation with the Secretary
of the Navy and the heads of such other Federal agencies
as the Secretary determines appropriate, shall submit to the
relevant congressional committees quarterly reports detailing
the progress, outreach, and effect of the campaign, including
the effectiveness of such campaigns in increasing applications
for employment in the United States Merchant Marine and
shipbuilding sectors.
(2) FINAL
REPORT.—Not later than 180 days after the
conclusion of a campaign carried out pursuant to a contract
entered into under subsection (a), the entity carrying out the
campaign, in consultation with the Secretary of the Navy and
the heads of such other Federal agencies as the Secretary
determines appropriate, shall submit to the relevant congres-
sional committees a comprehensive final report on the cam-
paign.
(f) EXPIRATION OF AVAILABLE FUNDS.—No funds may be author-
ized to be appropriated or otherwise made available to carry out
this section after the date that is three years after the date of
the enactment of this Act.
(g) DEFINITION.—In this section, the term ‘‘relevant congres-
sional committees’’ means—
(1) the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Commerce, Science,
and Transportation of the Senate.
Subtitle E—Training
SEC. 541. IMPROVEMENTS TO FINANCIAL LITERACY TRAINING.
(a) IN GENERAL.—Subsection (a)(2) of section 992 of title 10,
United States Code, is amended—
(1) in subparagraph (C), by striking ‘‘grade E–4’’ and
inserting ‘‘grade E–6’’;
(2) by striking subparagraph (D); and
(3) by redesignating subparagraphs (E) through (K) as sub-
paragraphs (D) through (J), respectively.
(b) PROVISION OF RETIREMENT INFORMATION.—Such section is
further amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
H. R. 5009—120
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) PROVISION OF RETIREMENT INFORMATION.—In each training
under subsection (a) and in each meeting to provide counseling
under subsection (b), a member of the armed forces shall be provided
with—
‘‘(1) all forms relating to retirement that are relevant to
the member, including with respect to the Thrift Savings Plan;
and
‘‘(2) information with respect to how to find additional
information.’’.
SEC. 542. EXTENSION OF JROTC PROGRAMS TO THE JOB CORPS.
Section 2031 of title 10, United States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘, including Job Corps
centers as defined in section 147 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3197),’’ after ‘‘secondary edu-
cational institutions’’; and
(2) in subsection (b)(1)(C), by inserting ‘‘, or is a Job Corps
center as defined in section 147 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3197)’’ after ‘‘military depart-
ment concerned’’.
SEC. 543. MINIMUM NUMBER OF PARTICIPATING STUDENTS REQUIRED
TO ESTABLISH OR MAINTAIN A UNIT OF JROTC.
Section 2031(b)(1)(A) of title 10, United States Code, is
amended—
(1) by striking ‘‘not less than (i) 10 percent of the number
of students enrolled in the institution who are in a grade
above the 7th grade and physically co-located with the 9th
grade participating unit, or (ii) 100, whichever is less;’’ and
inserting an em dash; and
(2) by adding at the end the following new clauses:
‘‘(i) in the case of an educational institution with fewer
than 1,000 enrolled students, the lesser of—
‘‘(I) 10 percent of the number of such students
who are in a grade above the 7th grade and physically
co-located with the 9th grade participating unit; and
‘‘(II) 50; or
‘‘(ii) in the case of an educational institution with 1,000
or more enrolled students—
‘‘(I) 50; or
‘‘(II) a number, determined by the Secretary of
the military department concerned, that is higher than
50 and not more than 100;’’.
SEC. 544. JROTC WAITING LIST.
Section 2031(c) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) maintain a prioritized waiting list that includes all
secondary educational institutions that have made a request
for a unit under this section and have not yet been approved
by
the
Secretary
concerned,
and
prescribe
regulations
describing the factors to be considered in assigning priority,
H. R. 5009—121
including the length of time an institution has been waiting
for a unit.’’.
SEC. 545. NUMBER OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS
UNITS.
(a) IN GENERAL.—Section 2031 of title 10, United States Code,
is amended, in the first subsection designated subsection (i), by
striking ‘‘support not fewer than 3,400, and not more than 4,000,
units’’ and inserting ‘‘support not fewer than 3,500, and not more
than 4,100, units’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2026.
SEC. 546. REQUIRED CONSTITUTIONAL LAW TRAINING.
(a) IN GENERAL.—Beginning not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
ensure that all newly commissioned officers of the Armed Forces
receive training on the Constitution of the United States prior
to reporting to their first operational assignment.
(b) ELEMENTS.—The training required under subsection (a)
shall include—
(1) education on the centrality of the Constitution to the
commitment officers make to serve in the Armed Forces;
(2) emphasis on the loyalty of officers to the Constitution;
and
(3) instruction on the importance of, and basis for, civilian
control over the military.
SEC. 547. PROHIBITION ON FEDERAL FUNDS FOR THE DEPARTMENT
OF DEFENSE COUNTERING EXTREMISM WORK GROUP.
No funds authorized to be appropriated by this Act may be
used to fund the Department of Defense Countering Extremism
Working Group established by the Secretary of Defense memo-
randum on April 9, 2021.
Subtitle F—Member Education
SEC. 551. EXPANSION OF INTERNATIONAL ENGAGEMENT AUTHORITIES
FOR SERVICE ACADEMIES.
Section 347 of title 10, United States Code, is amended, in
subsection (a)(1)(B), by striking ‘‘60’’ and inserting ‘‘80’’.
SEC. 552. MODIFICATION OF AUTHORITY TO ENGAGE IN FUNDED AND
UNFUNDED LAW EDUCATION PROGRAMS.
(a) PERMANENT EXPANSION OF LAW EDUCATION PROGRAMS.—
Section 2004 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
(B) by striking the second sentence; and
(C) by adding at the end the following new paragraphs:
‘‘(2) Pursuant to regulations prescribed by the Secretary con-
cerned, the Secretary of a military department may fund edu-
cational expenses for members of the armed forces detailed under
paragraph (1). Not more than 25 officers and enlisted members
from each military department may commence such training in
any single fiscal year.
H. R. 5009—122
‘‘(3) Pursuant to regulations prescribed by the Secretary con-
cerned, the Secretary of a military department may also detail
members under paragraph (1) without funding any educational
expenses. A member detailed pursuant to this paragraph shall
not count against the limitation in paragraph (2).’’; and
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively;
(ii) by inserting ‘‘(A) in the case of a member
detailed pursuant to subsection (a)(1),’’ after ‘‘(1)’’;
(iii) in clause (ii), as redesignated by clause (i)
of this subparagraph, by adding ‘‘or’’ after the semi-
colon; and
(iv) by adding at the end the following new
subparagraph:
‘‘(B) in the case of a member detailed pursuant to sub-
section (a)(2), either—
‘‘(i) have served on active duty for a period of not
less than two years nor more than eight years and be
an officer in the pay grade O-3 or below when the training
is to begin; or
‘‘(ii) have served on active duty for a period of not
less than four years nor more than ten years and be an
enlisted member in the pay grade of E-5, E-6, or E-7
when the training is to begin;’’; and
(B) in paragraph (3)(C), by striking ‘‘period of two
years’’ and inserting ‘‘period of—
‘‘(i) two years for each year or part thereof of
legal training under subsection (a)(1); or
‘‘(ii) one year for each year or part thereof of legal
training under subsection (a)(2).’’.
(b) TEMPORARY EXPANSION.—During each of the three years
after the date of the enactment of this Act, the Secretary of a
military department may fund educational expenses under section
2004(a) of such title, as amended by subsection (a), for 35 members
of such military department.
(c) CLARIFICATION OF PAY AND ALLOWANCES WHILE DETAILED
OR ASSIGNED AS A STUDENT FULL-TIME AT A CIVILIAN INSTITUTION.—
Section 502(b) of title 37, United States Code, is amended by adding
at the end the following: ‘‘Nothing in this subsection may be con-
strued to deprive a member, detailed or assigned by the Secretary
concerned as a full-time student at a civilian institution to pursue
a program of education that is substantially the same as a program
of education offered to civilians, of pay or allowances to which
such member is entitled.’’.
SEC. 553. ADDITIONAL ADMISSIONS AUTHORITY FOR THE UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
Chapter 104 of title 10, United States Code, is amended by
inserting after section 2114 the following new section:
‘‘§ 2114a. Eligibility of members of foreign militaries to enroll
in the University
‘‘(a) AUTHORITY.—(1) The Secretary of Defense may permit an
individual who is a member of the military of a foreign country—
H. R. 5009—123
‘‘(A) to enroll (including as a full-time student) and receive
instruction—
‘‘(i) as a medical student of the University; or
‘‘(ii) in a postdoctoral, postgraduate, or certificate pro-
gram of the University; and
‘‘(B) to participate in training exercises of the University.
‘‘(2) Enrollment of an individual under this section—
‘‘(A) shall be subject to—
‘‘(i) the academic capacity of the University described
in section 2112(b) of this title; and
‘‘(ii) an international agreement or qualifying non-
binding instrument (as such terms are defined in section
112b of title 1); and
‘‘(B) may not decrease the number of members of the uni-
formed services enrolled in the University; and
‘‘(C) may not be given priority over the enrollment of a
member of the uniformed services.
‘‘(3) The number of individuals simultaneously enrolled under
this section may not exceed—
‘‘(A) 10, in the case of medical students of the University;
and
‘‘(B) 40, with regards to all postdoctoral, postgraduate, and
certificate programs of the University.
‘‘(b) QUALIFICATIONS; SELECTION.—In carrying out subsection
(a), the Secretary may select an individual to enroll under this
section—
‘‘(1) who was nominated for such enrollment by the medical
command of the military of a foreign country; and
‘‘(2) pursuant to regulations prescribed by the Secretary
regarding—
‘‘(A) qualifications for such enrollment that are com-
parable to the qualifications required of a United States
citizen; and
‘‘(B) procedures for such selection.
‘‘(c) REIMBURSEMENT.—(1) The Secretary shall require the for-
eign country of an individual enrolled under this section to
reimburse the United States for the cost of providing instruction
to such individual.
‘‘(2) The Secretary shall prescribe rates for such reimbursement
that equal or exceed the cost to the United States of providing
such instruction to a member of the uniformed services.
‘‘(3) The Secretary may waive, in whole or in part, reimburse-
ment with regards to an individual enrolled under this section.
‘‘(4) Amounts received by the Secretary under this subsection
shall—
‘‘(A) be used to defray the costs of providing instruction
to an individual enrolled under this section;
‘‘(B) be credited to appropriations available for the mainte-
nance and operation of the University; and
‘‘(C) remain available for until expended.
‘‘(5) The source and the disposition of such amounts shall
be specifically identified in records of the University.
‘‘(d) APPLICABILITY OF REGULATIONS AND POLICIES.—(1) Subject
to paragraphs (2) through (4), and to the determination of the
Secretary, an individual enrolled under this section shall be subject
to the same regulations and policies that apply to a member of
the uniformed services enrolled in the University.
H. R. 5009—124
‘‘(2) The Secretary may prescribe regulations regarding access
to classified information by an individual enrolled under this section
that differ from the regulations that apply to a member of the
uniformed services enrolled in the University.
‘‘(3) An individual enrolled under this section shall not be
entitled to an appointment in a uniformed service by reason of
completing of a program of the University.
‘‘(4) Section 2114 of this title shall not apply to an individual
enrolled under this section.’’.
SEC. 554. PROFESSIONAL MILITARY EDUCATION: TECHNICAL CORREC-
TION TO DEFINITIONS.
Section 2151 of title 10, United States Code, is amended, in
subsection (b)(3), by striking ‘‘National Defense Intelligence College’’
and inserting ‘‘National Intelligence University’’.
SEC. 555. DISTANCE EDUCATION OPTION FOR PROFESSIONAL MILI-
TARY EDUCATION.
Section 2154 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) DISTANCE EDUCATION.—(1) Any distance education program
offered to satisfy Phase I or Phase II instruction under paragraph
(1) or (2) of subsection (a) shall include a pathway for a student
who is a member of a reserve component to fully complete the
course of instruction while physically separated from the course
instructors and without any in-person attendance required to grad-
uate from such program.
‘‘(2) In this subsection, the term ‘distance education’ has the
meaning given such term in section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003).’’.
SEC. 556. AUTHORITY TO ACCEPT GIFTS OF SERVICES FOR PROFES-
SIONAL MILITARY EDUCATION INSTITUTIONS.
Section 2601(a)(2)(A) of title 10, United States Code, is amended
by inserting ‘‘or a professional military education institution’’ after
‘‘museum program’’ each place it appears.
SEC. 557. ALTERNATIVE SERVICE OBLIGATION FOR A CADET OR MID-
SHIPMAN WHO BECOMES A PROFESSIONAL ATHLETE.
(a) UNITED STATES MILITARY ACADEMY.—Section 7448 of title
10, United States Code, is amended as follows:
(1) In the section heading, by striking ‘‘agreement to
serve as officer’’ and inserting ‘‘service obligation’’.
(2) In subsection (b)—
(A) in paragraph (1), by striking ‘‘The Secretary of
the Army’’ and inserting ‘‘Subject to paragraph (4), the
Secretary of the Army’’; and
(B) by striking paragraph (4) and inserting the fol-
lowing:
‘‘(4) Each academic year, the Secretary of the Army may
transfer not more than three cadets, who obtain employment in
violation of paragraph (5) of subsection (a), to the Selected Reserve
of the Army. Each cadet so transferred shall—
‘‘(A) serve as a commissioned officer—
‘‘(i) in an appropriate grade or rating, determined by
the Secretary of the Army; and
‘‘(ii) for a period, determined by the Secretary of the
Army, not longer than 10 years; and
H. R. 5009—125
‘‘(B) while so serving, participate in efforts to recruit and
retain members of the armed forces.’’.
(3) In subsection (c)(2)(A), by inserting ‘‘unless such cadet
receives a transfer under paragraph (4) of subsection (b)’’ before
the semicolon.
(4) In subsection (f), by striking ‘‘the alternative obligation’’
and inserting ‘‘an alternative obligation’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8459 of title
10, United States Code, is amended as follows:
(1) In the section heading, by striking ‘‘agreement for
length of service’’ and inserting ‘‘service obligation’’.
(2) In subsection (b)—
(A) in paragraph (1), by striking ‘‘The Secretary of
the Navy’’ and inserting ‘‘Subject to paragraph (4), the
Secretary of the Navy’’; and
(B) by striking paragraph (4) and inserting the fol-
lowing:
‘‘(4) Each academic year, the Secretary of the Navy may transfer
not more than three midshipmen, who obtain employment in viola-
tion of paragraph (5) of subsection (a), to the Selected Reserve
of the Navy or the Selected Reserve of the Marine Corps. Each
midshipman so transferred shall—
‘‘(A) serve as a commissioned officer—
‘‘(i) in an appropriate grade or rating, determined by
the Secretary of the Navy; and
‘‘(ii) for a period, determined by the Secretary of the
Navy, not longer than 10 years; and
‘‘(B) while so serving, participate in efforts to recruit and
retain members of the armed forces.’’.
(3) In subsection (c)(2)(A), by inserting ‘‘unless such mid-
shipman receives a transfer under paragraph (4) of subsection
(b)’’ before the semicolon.
(4) In subsection (f), by striking ‘‘the alternative obligation’’
and inserting ‘‘an alternative obligation’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9448 of title
10, United States Code, is amended as follows:
(1) In the section heading, by striking ‘‘agreement to
serve as officer’’ and inserting ‘‘service obligation’’.
(2) In subsection (b)—
(A) in paragraph (1), by striking ‘‘The Secretary of
the Air Force’’ and inserting ‘‘Subject to paragraph (4),
the Secretary of the Air Force’’; and
(B) by striking paragraph (4) and inserting the fol-
lowing:
‘‘(4) Each academic year, the Secretary of the Air Force may
transfer not more than three cadets, who obtain employment in
violation of paragraph (5) of subsection (a), to the Selected Reserve
of the Air Force. Each cadet so transferred shall—
‘‘(A) serve as a commissioned officer—
‘‘(i) in an appropriate grade or rating, determined by
the Secretary of the Air Force; and
‘‘(ii) for a period, determined by the Secretary of the
Air Force, not longer than 10 years; and
‘‘(B) while so serving, participate in efforts to recruit and
retain members of the armed forces.’’.
H. R. 5009—126
(3) In subsection (c)(2)(A), by inserting ‘‘unless such cadet
receives a transfer under paragraph (4) of subsection (b)’’ before
the semicolon.
(4) In subsection (f), by striking ‘‘the alternative obligation’’
and inserting ‘‘an alternative obligation’’.
SEC. 558. SERVICE ACADEMIES: BOARDS OF VISITORS.
(a) UNITED STATES MILITARY ACADEMY.—Section 7455 of title
10, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) A Board of Visitors to the Academy is constituted annually
of—
‘‘(1) the chair of the Committee on Armed Services of the
Senate, or the designee of such chair;
‘‘(2) the ranking member of the Committee on Armed Serv-
ices of the Senate, or the designee of the ranking member;
‘‘(3) two other members of the Senate designated by the
Majority Leader of the Senate, one of whom is a member
of the Committee on Appropriations of the Senate;
‘‘(4) two other members of the Senate designated by the
Minority Leader of the Senate, one of whom is a member
of the Committee on Appropriations of the Senate;
‘‘(5) the chair of the Committee on Armed Services of the
House of Representatives, or the designee of such chair;
‘‘(6) the ranking member of the Committee on Armed Serv-
ices of the House of Representatives, or the designee of the
ranking member;
‘‘(7) two other members of the House of Representatives
designated by the Speaker of the House of Representatives,
one of whom is a member of the Committee on Appropriations
of the House of Representatives;
‘‘(8) one other member of the House of Representatives
designated by the Minority Leader of the House of Representa-
tives; and
‘‘(9) six persons designated by the President.’’; and
(2) in subsection (f), by inserting ‘‘and the Committees
on Armed Services of the Senate and House of Representatives’’
after ‘‘the President’’ both places it appears.
(b) UNITED STATES NAVAL ACADEMY.—Section 8468 of title
10, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) A Board of Visitors to the Academy is constituted annually
of—
‘‘(1) the chair of the Committee on Armed Services of the
Senate, or the designee of such chair;
‘‘(2) the ranking member of the Committee on Armed Serv-
ices of the Senate, or the designee of the ranking member;
‘‘(3) two other members of the Senate designated by the
Majority Leader of the Senate, one of whom is a member
of the Committee on Appropriations of the Senate;
‘‘(4) two other members of the Senate designated by the
Minority Leader of the Senate, one of whom is a member
of the Committee on Appropriations of the Senate;
‘‘(5) the chair of the Committee on Armed Services of the
House of Representatives, or the designee of such chair;
H. R. 5009—127
‘‘(6) the ranking member of the Committee on Armed Serv-
ices of the House of Representatives, or the designee of the
ranking member;
‘‘(7) two other members of the House of Representatives
designated by the Speaker of the House of Representatives,
one of whom is a member of the Committee on Appropriations
of the House of Representatives;
‘‘(8) one other member of the House of Representatives
designated by the Minority Leader of the House of Representa-
tives; and
‘‘(9) six persons designated by the President.’’; and
(2) in subsection (f), by inserting ‘‘and the Committees
on Armed Services of the Senate and House of Representatives’’
after ‘‘the President’’ both places it appears.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9455 of title
10, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) A Board of Visitors to the Academy is constituted annually
of—
‘‘(1) the chair of the Committee on Armed Services of the
Senate, or the designee of such chair;
‘‘(2) the ranking member of the Committee on Armed Serv-
ices of the Senate, or the designee of the ranking member;
‘‘(3) two other members of the Senate designated by the
Majority Leader of the Senate, one of whom is a member
of the Committee on Appropriations of the Senate;
‘‘(4) two other members of the Senate designated by the
Minority Leader of the Senate, one of whom is a member
of the Committee on Appropriations of the Senate;
‘‘(5) the chair of the Committee on Armed Services of the
House of Representatives, or the designee of such chair;
‘‘(6) the ranking member of the Committee on Armed Serv-
ices of the House of Representatives, or the designee of the
ranking member;
‘‘(7) two other members of the House of Representatives
designated by the Speaker of the House of Representatives,
one of whom is a member of the Committee on Appropriations
of the House of Representatives;
‘‘(8) one other member of the House of Representatives
designated by the Minority Leader of the House of Representa-
tives; and
‘‘(9) six persons designated by the President.’’; and
(2) in subsection (f), by inserting ‘‘and the Committees
on Armed Services of the Senate and House of Representatives’’
after ‘‘the President’’ both places it appears.
SEC. 559. MODERNIZING MARINE CORPS PLATOON LEADERS CLASS
COLLEGE TUITION ASSISTANCE PROGRAM TO ACCOUNT
FOR INFLATION.
Section 16401 of title 10, United States Code, is amended—
(1) in subsection (d), by striking ‘‘$5,200’’ and inserting
‘‘$13,800’’; and
(2) in subsection (e)(2), by striking ‘‘1,200’’ and inserting
‘‘450’’.
H. R. 5009—128
SEC. 559A. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR
MILITARY SERVICE ACADEMIES.
Section 575(a)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 10 U.S.C. 7442 note) is amended by striking ‘‘Not later than
two years after the date of the enactment of this Act’’ and inserting
‘‘Not later than December 31, 2026’’.
SEC. 559B. ENSURING ACCESS TO CERTAIN HIGHER EDUCATION BENE-
FITS.
(a) DATA MATCHING REQUIRED.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
and the Secretary of Education shall jointly complete a data
matching process—
(1) to identify each individual who, while serving as a
covered employee of the Department of Defense, made one
or more student loan payments eligible to be counted for pur-
poses of the Public Service Loan Forgiveness program under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)); and
(2) without requiring further information or action from
such individual—
(A) to certify the total period of such employment for
purposes of such program; and
(B) to count the total number of qualifying payments
made by the individual for purposes of such program during
such period.
(b) COVERED EMPLOYEE DEFINED.—In this section, the term
‘‘covered employee’’ means an individual who, at any time beginning
on or after October 1, 2007, was—
(1) a member of the Armed Forces serving on active duty
for a period of more than 30 consecutive days; or
(2) a civilian employee of the Department of Defense.
SEC. 559C. SERVICE ACADEMIES: REFERRAL OF APPLICANTS TO THE
SENIOR MILITARY COLLEGES AND UNITS OF THE SENIOR
RESERVE OFFICER TRAINING CORPS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall establish
a system whereby a covered individual may elect to have the
Secretary share information regarding such covered individual with
a senior military college or a unit of the Senior Reserve Officer
Training Corps.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered individual’’ means an individual who
applied for an appointment as a cadet or midshipman at a
Service Academy.
(2) The term ‘‘senior military college’’ means a school speci-
fied in section 2111a of title 10, United States Code.
(3) The term ‘‘Service Academy’’ has the meaning given
such term in section 347 of title 10, United States Code.
SEC. 559D. PILOT PROGRAM TO PROVIDE GRADUATE EDUCATION
OPPORTUNITIES FOR ENLISTED MEMBERS OF THE ARMY
AND NAVY.
(a) AUTHORITY.—The Secretary of the Navy and the Secretary
of the Army may jointly conduct a pilot program (referred to in
H. R. 5009—129
this section as the ‘‘Program’’) under which certain enlisted per-
sonnel of the covered Armed Forces may enroll in a master’s degree
program at the Naval Postgraduate School.
(b) PROGRAM REQUIREMENTS.—The Secretaries concerned may
carry out the Program—
(1) in accordance with this section;
(2) in accordance with such regulations as may be pre-
scribed by the Secretary of Defense for purposes of the Program;
and
(3) in a manner consistent with the Graduate Education
Program–Enlisted pilot program of the Marine Corps.
(c) ELIGIBILITY OF PARTICIPANTS.—The Secretaries concerned
shall establish criteria for determining the eligibility of enlisted
members of the covered Armed Forces for participation in the
Program.
(d) SELECTION OF PARTICIPANTS.—Selection of a member for
the Program shall be based on consideration of—
(1) the eligibility criteria established under subsection (c);
(2) professional performance;
(3) promotion potential;
(4) retention potential;
(5) academic background, capabilities, and accomplish-
ments;
(6) the needs of the Navy and Army; and
(7) input from the component within each covered Armed
Force with primary responsibility for determining the duty
assignments of enlisted members.
(e) POST-PARTICIPATION SERVICE.—Subject to such terms, condi-
tions, and exceptions as the Secretaries concerned may establish,
an enlisted member who receives a master’s degree under the
Program shall serve for a period of not less than two years in
a duty assignment that is relevant to the degree obtained by the
member under the Program.
(f) FRAMEWORK
FOR FILLING BILLETS.—In conjunction with
selecting enlisted members for participation in the Program as
described in subsection (d), the Secretaries concerned shall establish
a framework for assigning enlisted personnel who are not partici-
pating in the Program—
(1) to fill the billets of the members participating in the
Program while such members are completing a course of study
at the Naval Postgraduate School; and
(2) to fill the billets of members who received a master’s
degree under the Program while such members are engaged
in post-participation service as described in subsection (e).
(g) IDENTIFICATION
OF DEGREE PROGRAMS.—The Secretaries
concerned shall coordinate with the President of the Naval Post-
graduate School to identify specific master’s degree programs offered
by the School in which Program participants may enroll. In identi-
fying such programs, the Secretaries shall consider—
(1) the needs of the Navy and Army;
(2) the capacity of the Naval Postgraduate School; and
(3) the extent to which enrollment in a specific program
is expected to have a positive effect on the career trajectories
of participants.
(h) INFORMATION DISSEMINATION.—The Secretaries concerned
shall take such actions as are necessary to notify and inform
enlisted members about the Program.
H. R. 5009—130
(i) REPORT.—Before the expiration of the six-year period
described in subsection (j), the Secretaries concerned, in coordina-
tion with the Secretary of Defense, shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report that includes—
(1) an assessment of whether and to what extent the Pro-
gram has met the needs of the covered Armed Forces and
had positive effects on participating enlisted members,
including with respect to—
(A) career trajectory, including potential pay increases;
(B) retention;
(C) recruitment;
(D) job performance;
(E) merit-based promotions and merit-based promotion
reorder; and
(F) compatibility with the objectives outlined in the
2022 National Defense Strategy to modernize the Armed
Services, spur innovation, and outpace and outthink adver-
saries of the United States;
(2) the recommendations of the Secretaries regarding
whether the Program should be extended or made permanent;
(3) an assessment of the funding and capabilities that
may be needed to make the Program permanent; and
(4) any other matters the Secretaries determine to be rel-
evant.
(j) SUNSET.—The Program shall terminate six years after the
date on which the Program commences under this section.
(k) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means the Army or
Navy.
(2) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Army, with respect to matters
concerning the Army; and
(B) the Secretary of the Navy, with respect to matters
concerning the Navy.
SEC. 559E. PROHIBITION ON USE OF FEDERAL FUNDS TO ENDORSE
CRITICAL RACE THEORY.
(a) PROHIBITION.—No funds authorized to be appropriated by
this Act may be used to endorse critical race theory—
(1) at an academic institution operated by the Department
of Defense;
(2) in training provided to a member of the Armed Forces;
or
(3) in professional military education.
(b) PROTECTION OF ACADEMIC FREEDOM.—Nothing in this sec-
tion shall be construed to supersede the institutional autonomy
or academic freedom of instructors involved in the selection of
textbooks, supplemental materials, or other classroom materials,
or in the preparation or presentation of classroom instruction or
lectures.
(c) DEFINITIONS.—In this section, the term ‘‘critical race theory’’
means the theory that individuals, by virtue of race, ethnicity,
color, or national origin, bear collective guilt and are inherently
responsible for actions committed in the past by other individuals
of such race, ethnicity, color, or national origin.
H. R. 5009—131
Subtitle G—Military Justice and Other
Legal Matters
SEC. 561. CLARIFYING AMENDMENT TO ARTICLE 2 OF THE UNIFORM
CODE OF MILITARY JUSTICE.
Section 802(a)(14) of title 10, United States Code (article
2(a)(14) of the Uniform Code of Military Justice), is amended by
inserting ‘‘20601 or’’ before ‘‘20603’’.
SEC. 562. AUTHORITY OF SPECIAL TRIAL COUNSEL WITH RESPECT
TO CERTAIN OFFENSES OCCURRING BEFORE EFFECTIVE
DATE OF MILITARY JUSTICE REFORMS.
Section 824a(d) of title 10, United States Code, as added by
section 531 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 137 Stat. 258), is amended—
(1) in paragraph (1)(A), by striking ‘‘section 920 (article
120),’’ and inserting ‘‘section 919a (article 119a), section 920
(article 120), section 920a (article 120a),’’;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) THE STANDALONE OFFENSE OF SEXUAL HARASSMENT.—
After January 1, 2025, a special trial counsel may, at the
sole and exclusive discretion of the special trial counsel, exercise
authority over the following offenses:
‘‘(A) The standalone offense of sexual harassment
punishable under section 934 of this title (article 134)
in each instance in which—
‘‘(i) the offense occurs after January 26, 2022, and
on or before January 1, 2025; and
‘‘(ii) a formal complaint is substantiated in accord-
ance with regulations prescribed by the Secretary con-
cerned.
‘‘(B) A conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of this
title (article 81).
‘‘(C) A solicitation to commit an offense specified in
subparagraph (A) as punishable under section 882 of this
title (article 82).
‘‘(D) An attempt to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under section
880 of this title (article 80).’’; and
(4) in paragraph (3), as so redesignated—
(A) in subparagraph (A), by inserting ‘‘or (2)’’ after
‘‘paragraph (1)’’; and
(B) in subparagraph (B), by striking ‘‘paragraph (1)’’
and inserting ‘‘subsection (c)(2)(A) or paragraph (1) or (2)
of this subsection’’.
SEC. 563. DETAILING OF APPELLATE DEFENSE COUNSEL.
Subsection (b) of section 865 of title 10, United States Code
(article 65 of the Uniform Code of Military Justice), is amended—
(1) in paragraph (1)—
(A) by striking ‘‘the Judge Advocate General shall for-
ward the record’’ and inserting the following: ‘‘the Judge
Advocate General shall forward—
H. R. 5009—132
‘‘(A) the record’’;
(B) in subparagraph (A), as designated by subpara-
graph (A) of this paragraph, by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(B) a copy of the record of trial to an appellate defense
counsel who shall be detailed to review the case and, upon
request of the accused, to represent the accused before
the Court of Criminal Appeals.’’; and
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking
‘‘shall’’ and inserting ‘‘shall, upon written request of
the accused’’;
(ii) in clause (i), by striking ‘‘, upon request of
the accused,’’; and
(iii) in clause (ii), by striking ‘‘upon written request
of the accused,’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘accused’’ and all that follows
through ‘‘waives’’ and inserting ‘‘accused waives’’;
(ii) by striking ‘‘; or’’ and inserting a period; and
(iii) by striking clause (ii).
SEC. 564. MODIFICATION TO OFFENSE OF AIDING THE ENEMY UNDER
THE UNIFORM CODE OF MILITARY JUSTICE.
Section 903b(2) of title 10, United States Code (article 103b(2)
of the Uniform Code of Military Justice), is amended by inserting
‘‘provides military education, military training, or tactical advice
to,’’ after ‘‘gives intelligence to,’’.
SEC. 565. REMOVAL OF MARRIAGE AS A DEFENSE TO ARTICLE 120B
OFFENSES.
Section 920b of title 10, United States Code (article 120b of
the Uniform Code of Military Justice), is amended—
(1) by striking subsection (f);
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively; and
(3) in subsection (f), as redesignated by paragraph (2),
by striking ‘‘not legally married to the person committing the
sexual act, lewd act, or use of force’’.
SEC.
566.
CONSOLIDATION
OF
MILITARY
JUSTICE
REPORTING
REQUIREMENTS FOR THE MILITARY DEPARTMENTS.
(a) ANNUAL REPORTS.—Section 946a(b) of title 10, United States
Code (article 146a(b) of the Uniform Code of Military Justice),
is amended—
(1) by redesignating paragraphs (2) through (5) as para-
graphs (3) through (6), respectively; and
(2) by inserting after paragraph (1), the following new
paragraph:
‘‘(2) Data on the number and status of completed cases,
including—
‘‘(A) information on race, ethnicity, rank, and sex demo-
graphic for the victim and the accused;
‘‘(B) the enumerated offenses preferred and referred;
‘‘(C) the types of court-martial; and
H. R. 5009—133
‘‘(D) the results for each case, including cases that
resulted in nonjudicial punishment or administrative sepa-
ration.’’.
(b) REPEAL
OF DUPLICATIVE MILITARY JUSTICE REPORTING
REQUIREMENTS.—
(1) TITLE 10, UNITED STATES CODE.—Section 486 of title
10, United Sates Code, is repealed.
(2) JOHN S. MCCAIN NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2019.—Section 547 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. 1561 note) is repealed.
SEC. 567. TERM OF OFFICE FOR JUDGES OF THE COURT OF MILITARY
COMMISSION REVIEW.
(a) ESTABLISHMENT OF TERM OF OFFICE.—Section 950f(b) of
title 10, United States Code, is amended—
(1) in paragraph (6)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting appro-
priately;
(B) by striking ‘‘The term of an appellate military
judge assigned to the Court under paragraph (2) or
appointed to the Court under paragraph (3)’’ and inserting
the following: ‘‘(A) The term of an appellate military judge
assigned or appointed to the Court under this subsection’’;
and
(C) by adding at the end the following new subpara-
graph:
‘‘(B) The term of a civilian judge of the Court appointed under
paragraph (3) shall expire on the date that is 10 years after the
date on which the judge was appointed.’’; and
(2) by adding at the end the following new paragraph:
‘‘(7) Judges of the Court may be removed from office by the
President (in the case of a judge appointed under paragraph (3))
or the Secretary of Defense (in the case of an appellate military
judge assigned under paragraph (2)) upon notice and hearing, for—
‘‘(A) neglect of duty;
‘‘(B) misconduct; or
‘‘(C) mental or physical disability.’’.
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendments made by subsection
(a) shall take effect on the date that is 180 days after the
date of the enactment of this Act.
(2) APPLICABILITY TO EXISTING CIVILIAN JUDGES.—The term
of any civilian judge of the United States Court of Military
Commission Review who will have served as such a judge
for a period of 10 or more years as of the effective date described
in paragraph (1) shall expire on such effective date.
SEC. 568. CONTINUITY OF COVERAGE UNDER CERTAIN PROVISIONS
OF TITLE 18, UNITED STATES CODE.
(a) SECTION 202.—Section 202(a) of title 18, United States
Code, is amended—
(1) in the third sentence, by inserting ‘‘an officer of the
Space Force not serving on sustained duty pursuant to section
20105 of title 10,’’ after ‘‘of the Armed Forces,’’; and
H. R. 5009—134
(2) in the fourth and fifth sentences, by striking ‘‘A Reserve’’
and all that follows through ‘‘who is’’ and inserting ‘‘Such
an officer who is’’.
(b) SECTION 209.—Section 209(h) of such title is amended by
inserting ‘‘, or a member of the Space Force,’’ after ‘‘a member
of the reserve components of the armed forces’’.
(c) CROSS-REFERENCE AMENDMENT.—Section 202(a) of such title,
as amended by subsection (a), is further amended by striking ‘‘sec-
tion 29(c) and (d) of the Act of August 10, 1956 (70A Stat. 632;
5 U.S.C. 30r(c) and (d))’’ and inserting ‘‘sections 502, 2105(d), and
5534 of title 5’’.
SEC. 569. CORRECTION OF CERTAIN CITATIONS IN TITLE 18, UNITED
STATES CODE, RELATING TO SEXUAL OFFENSES.
Part I of title 18, United States Code, is amended—
(1) in section 2241(c)—
(A) in the second sentence, by inserting ‘‘or an offense
under the Uniform Code of Military Justice’’ after ‘‘State
offense’’; and
(B) by striking ‘‘either such provision’’ and inserting
‘‘any such provision’’;
(2) in section 2251(e), by striking ‘‘section 920 of title 10
(article 120 of the Uniform Code of Military Justice), or under’’
each place it appears and inserting ‘‘the Uniform Code of Mili-
tary Justice or’’;
(3) in section 2252(b)—
(A) in paragraph (1), by striking ‘‘section 920 of title
10 (article 120 of the Uniform Code of Military Justice),
or under’’ and inserting ‘‘the Uniform Code of Military
Justice or’’; and
(B) in paragraph (2), by striking ‘‘section 920 of title
10 (article 120 of the Uniform Code of Military Justice),
or under’’ and inserting ‘‘the Uniform Code of Military
Justice or’’;
(4) in section 2252A(b)—
(A) in paragraph (1), by striking ‘‘section 920 of title
10 (article 120 of the Uniform Code of Military Justice),
or under’’ and inserting ‘‘the Uniform Code of Military
Justice or’’; and
(B) in paragraph (2), by striking ‘‘section 920 of title
10 (article 120 of the Uniform Code of Military Justice),
or under’’ and inserting ‘‘the Uniform Code of Military
Justice or’’;
(5) in section 2426(b)(1)(B), by inserting ‘‘or the Uniform
Code of Military Justice’’ after ‘‘State law’’; and
(6) in section 3559(e)(2)—
(A) in subparagraph (B)—
(i) by striking ‘‘State sex offense’’ and inserting
‘‘State or Military sex offense’’; and
(ii) by inserting ‘‘or the Uniform Code of Military
Justice’’ after ‘‘State law’’; and
(B) in subparagraph (C), by inserting ‘‘or Military’’
after ‘‘State’’.
H. R. 5009—135
SEC.
569A.
MODIFICATION
OF
TIMELINE
FOR
POTENTIAL
IMPLEMENTATION OF STUDY ON UNANIMOUS COURT-
MARTIAL VERDICTS.
Section 536(c)(3) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 263) is amended
by striking ‘‘2027’’ and inserting ‘‘2026’’.
SEC. 569B. REMOVAL OF PERSONALLY IDENTIFYING AND OTHER
INFORMATION OF CERTAIN PERSONS FROM THE DEPART-
MENT OF DEFENSE CENTRAL INDEX OF INVESTIGATIONS.
Section 545 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 10 U.S.C. 1552 note) is amended—
(1) in the section heading, by striking ‘‘INVESTIGATIVE
REPORTS’’ and all that follows and inserting ‘‘THE DEPARTMENT
OF DEFENSE CENTRAL INDEX OF INVESTIGATIONS’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘October 1, 2021’’ and inserting ‘‘October 1, 2025’’; and
(B) by striking ‘‘removed from, the following:’’ and all
that follows through the period at the end of paragraph
(3) and inserting ‘‘removed from, an index item or entry
in the Department of Defense Central Index of Investiga-
tions.’’;
(3) in subsection (b), by striking ‘‘or is maintained’’ and
all that follows through the period at the end of paragraph
(3) and inserting ‘‘or is maintained, as an item or entry in
the Department of Defense Central Index of Investigations.’’;
and
(4) in subsection (c)(1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘a report, item or entry, or record described in
paragraphs (1) through (3) of subsection (a)’’ and inserting
‘‘an index item or entry in the Department of Defense
Central Index of Investigations’’; and
(B) in subparagraph (A), by striking ‘‘such report, item
or entry, or record’’ and inserting ‘‘such item or entry’’.
SEC. 569C. EXPANDED COMMAND NOTIFICATIONS TO VICTIMS OF
DOMESTIC VIOLENCE.
Section 549 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 10 U.S.C. 806b note) is amended—
(1) in the section heading, by striking ‘‘OFFENSE’’ and
inserting ‘‘AND DOMESTIC VIOLENCE-RELATED OFFENSES’’;
(2) in the first sentence—
(A) by inserting ‘‘, or a case of an alleged domestic
violence-related offense (as defined by the Secretary),’’ after
‘‘of title 10, United States Code)’’; and
(B) by striking ‘‘periodically notify the victim’’ and
inserting ‘‘ensure that the victim (or the victim’s legal
counsel if so requested by the victim) is periodically noti-
fied’’; and
(3) in the last sentence, by striking ‘‘notify the victim’’
and inserting ‘‘ensure that the victim (or the victim’s legal
counsel if so requested by the victim) is notified’’.
H. R. 5009—136
SEC. 569D. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVES-
TIGATION, PROSECUTION, AND DEFENSE OF SEXUAL
ASSAULT IN THE ARMED FORCES.
Section 546 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113–291; 10 U.S.C. 1561 note) is amended—
(1) in subsection (f)(1), by striking ‘‘10 years after’’ and
inserting ‘‘15 years after’’; and
(2) by redesignating the second subsection (f) as subsection
(g).
SEC. 569E. ANALYSIS ON THE ADVISABILITY OF REVISING MILITARY
RULE OF EVIDENCE 513.
(a) ANALYSIS REQUIRED.—The Secretary of Defense shall ana-
lyze the advisability of modifying rule 513 of the Military Rules
of Evidence (as set forth in part III of the Manual for Courts-
Martial) to include diagnoses of a patient and treatments prescribed
to a patient as confidential communications subject to the
psychotherapist-patient privilege. The Secretary shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report that includes the considerations
described in subsection (b).
(b) CONSIDERATIONS.—In the analysis directed under subsection
(a), the Secretary of Defense shall consider—
(1) the advisability of modifying Military Rule of Evidence
513 to cover psychotherapy diagnoses and treatments; and
(2) such other approaches to the modification of Military
Rule of Evidence 513 as the Secretary considers appropriate
to address victim privacy rights balanced against the rights
of the accused and the best interests of justice.
SEC. 569F. ANALYSIS OF PROHIBITION ON BROADCAST AND DISTRIBU-
TION OF DIGITALLY MANIPULATED INTIMATE IMAGES
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) ANALYSIS REQUIRED.—The Secretary of Defense shall—
(1) analyze the feasibility and advisability of, and potential
approaches to, modifying the offense of indecent viewing, visual
recording, or broadcasting under section 920c of title 10, United
States Code (article 120c of the Uniform Code of Military Jus-
tice) to clarify its applicability to the broadcasting and distribu-
tion of digitally manipulated intimate images; and
(2) provide the results of such analysis to the Committees
on Armed Services of the Senate and the House of Representa-
tives.
(b) CONSIDERATIONS.—In conducting the analysis required
under subsection (a), the Secretary of Defense shall consider—
(1) the advisability of modifying section 920c of title 10,
United States Code (article 120c of the Uniform Code of Military
Justice)—
(A) to prohibit the broadcasting or distribution of an
intimate digital depiction of another person that the
offender knew or reasonably should have known was made
without the other person’s consent and under circumstances
in which that person has a reasonable expectation of pri-
vacy; and
(B) to define the term ‘‘intimate digital depiction’’ (as
used in subparagraph (A)) as a digital depiction of an
H. R. 5009—137
individual that has been created or altered using digital
manipulation and that depicts—
(i) the private area of an identifiable individual;
or
(ii) an identifiable individual engaging in sexually
explicit conduct (as defined in section 917a(b) of title
10, United States Code (article 117a(b)(4) of the Uni-
form Code of Military Justice)); and
(2) such other approaches to the modification of such section
920c (article 120c) as the Secretary considers appropriate to
address digitally manipulated intimate images.
Subtitle H—Career Transition
SEC. 571. PATHWAY FOR INDIVIDUALIZED COUNSELING FOR MEMBERS
OF THE RESERVE COMPONENTS UNDER TAP.
Section 1142(c)(1) of title 10, United States Code, is amended,
in the matter preceding subparagraph (A), by inserting ‘‘(including
one pathway for members of the reserve components)’’ after ‘‘mili-
tary department concerned’’.
SEC. 572. EXTENSION OF TROOPS-TO-TEACHERS PROGRAM.
Section 1154 of title 10, United States Code, is amended—
(1) in subsection (e)(3)(C)—
(A) in clause (i), by striking ‘‘5,000’’ and inserting
‘‘3,000’’; and
(B) by striking clause (iii) and redesignating clause
(iv) as clause (iii); and
(2) in subsection (k), by striking ‘‘2027’’ and inserting
‘‘2029’’.
SEC. 573. EXTENSION AND EXPANSION OF REPORT ON THE TRANSI-
TION ASSISTANCE PROGRAM OF THE DEPARTMENT OF
DEFENSE.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232) is
amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘4 years’’ and inserting ‘‘seven years’’;
(2) in subparagraph (B), by inserting ‘‘, disaggregated by
whether such attendance was in person or remote’’ after ‘‘coun-
seling’’;
(3) by redesignating subparagraphs (F) through (I) as sub-
paragraphs (I) through (L), respectively; and
(4) by inserting, after subparagraph (E), the following new
subparagraphs:
‘‘(F) The total number of members who did not attend
Transition Assistance Program counseling due to oper-
ational requirements.
‘‘(G) If the information described in subparagraph (F)
is unavailable, processes the Secretary is implementing
to collect such information.
‘‘(H) An assessment of challenges to attending Transi-
tion Assistance Program counseling in person.’’.
SEC. 574. MILITARY TRAINING AND COMPETENCY RECORDS.
(a) COMPETENCY RECORDS.—
H. R. 5009—138
(1) IN GENERAL.—The Secretary of a military department
shall provide, to each member of a covered Armed Force under
the jurisdiction of such Secretary, a document that outlines
the training and qualifications acquired by the member while
serving in such covered Armed Force. Such document shall
be known as a ‘‘competency record’’.
(2) FORMAT AND CONTENTS.—The Secretary of Defense shall
develop a standardized format for competency records, which
shall include, at a minimum, the following information:
(A) Relevant personal details about the member.
(B) Description of training courses, certifications, and
qualifications obtained.
(C) Date and duration of each completed training.
(D) Authorized signatures and other necessary authen-
tication.
(3) AVAILABILITY.—A competency record shall be provided
to a member upon the separation or retirement of such member
from a covered Armed Force.
(b) IMPLEMENTATION.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall establish
the necessary regulations, procedures, and timelines for the
implementation of this section.
(c) REPORT.—Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the implementation and usefulness
of competency records and any recommendations of the Secretary
for improving competency records. The report shall include feedback
and recommendations from States and other employers regarding
the usability and accuracy of the information in the competency
records.
(d) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the Army, Navy, Marine Corps, Air
Force, or Space Force.
Subtitle I—Family Programs and Child
Care
SEC. 581. INTERSTATE COMPACTS FOR PORTABILITY OF OCCUPA-
TIONAL LICENSES OF MILITARY SPOUSES: PERMANENT
AUTHORITY.
(a) IN GENERAL.—Section 1784(h) of title 10, United States
Code, is amended by striking paragraph (5).
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if enacted immediately following the enactment
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92), to which such amendment relates.
SEC. 582. MILITARY SPOUSE CAREER ACCELERATOR PROGRAM.
(a) ESTABLISHMENT.—Section 1784 of title 10, United States
Code, is amended by adding at the end the following new subsection:
‘‘(i) EMPLOYMENT FELLOWSHIP OPPORTUNITIES.—(1) The Sec-
retary of Defense shall carry out a program to provide spouses
of members of the armed forces with paid fellowships (including
in-person, remote, and hybrid fellowships) with employers in various
H. R. 5009—139
industries. To carry out such program, the Secretary shall take
the following steps:
‘‘(A) Seek to enter into an agreement with an entity to
conduct such program.
‘‘(B) Determine the appropriate capacity for the program
based on the availability of appropriations for such purpose.
‘‘(C) Establish criteria to evaluate the effectiveness and
cost-effectiveness of the program in supporting the employment
of such spouses.
‘‘(2) The authority to carry out the program under this sub-
section shall terminate on January 1, 2031.’’.
(b) EFFECTIVE DATE.—Subsection (i) of such section shall take
effect on January 1, 2026.
(c) CONFORMING AMENDMENT.—The pilot program under section
564 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 10 U.S.C. 1784 note) shall terminate
on January 1, 2026.
SEC. 583. COMPETITIVE PAY FOR DEPARTMENT OF DEFENSE CHILD
CARE PERSONNEL.
(a) IN GENERAL.—Section 1792(c) of title 10, United States
Code, is amended to read as follows:
‘‘(c) COMPETITIVE RATES OF PAY.—(1) For the purpose of pro-
viding military child development centers with a qualified and
stable civilian workforce, employees at a military installation who
are directly involved in providing child care and who are paid
from nonappropriated funds—
‘‘(A) in the case of entry-level employees, shall be paid
a rate of pay competitive with the rates of pay paid to other
equivalent non-Federal positions within the metropolitan statis-
tical area or non-metropolitan statistical area (as the case may
be) in which such Department employee’s position is located;
and
‘‘(B) in the case of any employee not covered by subpara-
graph (A), shall be paid a rate of pay competitive with the
rates of pay paid to other employees with similar training,
seniority, and experience within the metropolitan statistical
area or non-metropolitan statistical area (as the case may be)
in which such Department employee’s position is located.
‘‘(2) Notwithstanding paragraph (1), no employee shall receive
a rate of pay under this subsection that is lower than the minimum
hourly rate of pay applicable to civilian employees of the Depart-
ment of Defense.
‘‘(3) For purposes of determining the rates of pay under para-
graph (1), the Secretary shall use the metropolitan and nonmetro-
politan area occupational employment and wage estimates pub-
lished monthly by the Bureau of Labor Statistics.’’.
(b) APPLICATION.—
(1) IN GENERAL.—The amendment made by subsection (a)
shall take effect not later than April 1, 2025.
(2) RATES OF PAY.—
(A) EMPLOYEE PAY RATE NOT REDUCED.—The rate of
pay for any individual who is an employee covered by
subsection (c) of section 1792 of title 10, United States
Code, as amended by subsection (a) of this section, on
the date of the enactment of this Act shall not be reduced
by operation of such amendment.
H. R. 5009—140
(B) PAY BAND MINIMUM.—Any employee whose rate
of pay is fixed under such subsection (c), as so amended,
and who is within any pay band shall receive a rate of
pay not less than the minimum rate of pay applicable
to such pay band.
SEC. 584. POSTING OF NATIONAL CHILD ABUSE HOTLINE AT MILITARY
CHILD DEVELOPMENT CENTERS.
Section 1794(b)(2) of title 10, United States Code, is amended—
(1) by striking the period at the end and inserting ‘‘by
means including—’’; and
(2) by adding at the end the following new subparagraphs:
‘‘(A) posting it in public areas of military child development
centers; and
‘‘(B) providing it to the parents and legal guardians of
children who attend military child development centers.’’.
SEC. 585. ADDITIONAL INFORMATION IN OUTREACH CAMPAIGN
RELATING TO WAITING LISTS FOR MILITARY CHILD
DEVELOPMENT CENTERS.
Section 585(a)(2)(D) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 1791 note
prec.) is amended by inserting ‘‘a provider eligible for financial
assistance under section 1798 of title 10, United States Code, or’’
before ‘‘pilot programs’’.
SEC. 586. EXPANSION OF ANNUAL BRIEFING REGARDING WAITING
LISTS FOR MILITARY CHILD DEVELOPMENT CENTERS.
Subsection (b) of section 585 of the National Defense Authoriza-
tion Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 1791
note prec.) is amended by striking paragraphs (1) and (2) and
inserting the following:
‘‘(1) with regards to the 20 military installations with the
longest waiting lists for child care services at military child
development centers—
‘‘(A) the number of children on each waiting list;
‘‘(B) the available total capacity for child care services
at
each
such
military
child
development
center,
disaggregated by infants, pre-toddlers, toddlers, and pre-
school children;
‘‘(C) an accounting of the total unduplicated and unmet
need for child care within each metropolitan region rep-
resented by a military installation described in subpara-
graph (A); and
‘‘(D) the determination of the Secretary of Defense
whether insufficient staffing or issues relating to mainte-
nance contribute to the length of such waiting lists; and
‘‘(2) an accounting of the efforts of the Secretary of Defense
to mitigate child care shortages in order to shorten waiting
lists and address unmet needs for child care across the Depart-
ment of Defense.’’.
SEC. 587. IMPROVEMENTS RELATING TO PORTABILITY OF PROFES-
SIONAL LICENSES OF SERVICEMEMBERS AND THEIR
SPOUSES.
Section 705A of the Servicemembers Civil Relief Act (50 U.S.C.
4025a) is amended to read as follows:
H. R. 5009—141
‘‘SEC.
705A.
PORTABILITY
OF
PROFESSIONAL
LICENSES
OF
SERVICEMEMBERS AND THEIR SPOUSES.
‘‘(a) IN GENERAL.—If a servicemember or the spouse of a service-
member has a covered license and relocates residence because such
servicemember receives military orders for military service in a
State other than the State of the licensing authority that issued
the covered license, such covered license shall be considered valid
for the scope of practice in the State of the new residence if such
servicemember or spouse submits to the licensing authority of such
State an application described in subsection (c).
‘‘(b) TEMPORARY LICENSES.—If a licensing authority is required
to consider a covered license valid under subsection (a) but cannot
carry out such requirement during the 30 days after receiving
an application described in subsection (c), the licensing authority
may issue to the applicant a temporary license that confers the
same rights, privileges, and responsibilities as a permanent license.
‘‘(c) APPLICATION.—An application described in this subsection
includes the following:
‘‘(1) Proof of military orders described in subsection (a).
‘‘(2) If the applicant is the spouse of a servicemember,
a copy of the marriage certificate.
‘‘(3) A notarized affidavit affirming, under the penalty of
law, that—
‘‘(A) the applicant is the person described and identified
in the application;
‘‘(B) all statements made in the application are true
and correct and complete;
‘‘(C) the applicant has read and understands the
requirements to receive a license, and the scope of practice,
of the State of the licensing authority;
‘‘(D) the applicant certifies that the applicant meets
and shall comply with requirements described in subpara-
graph (C); and
‘‘(E) the applicant is in good standing in all States
in which the applicant holds or has held a license.
‘‘(d) BACKGROUND CHECKS.—A licensing authority that receives
an application described in subsection (b) may conduct a background
check of the applicant before carrying out subsection (a) or (b).
‘‘(e) INTERSTATE COMPACTS.—If a servicemember or spouse of
a servicemember has a covered license to operate in multiple States
pursuant to an interstate compact described in section 1784 of
title 10, United States Code—
‘‘(1) the servicemember or spouse of a servicemember shall
be subject to the requirements of such compact or the applicable
provisions of law of the applicable State; and
‘‘(2) this section shall not apply to such servicemember
or spouse of a servicemember.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered license’ means a professional license
that, with respect to a scope of practice—
‘‘(A) is in good standing with the licensing authority
that issued such license;
‘‘(B) has not been revoked or had discipline imposed
by any State;
‘‘(C) does not have an investigation relating to unpro-
fessional conduct pending in any State relating to it; and
H. R. 5009—142
‘‘(D) has not been voluntarily surrendered while under
investigation for unprofessional conduct in any State.
‘‘(2) The term ‘license’ means any license, certificate, or
other evidence of qualification that an individual is required
to obtain before the individual may engage in, or represent
himself or herself to be a member of, a particular profession.
‘‘(3) The term ‘licensing authority’ means any State board,
commission, department, or agency that—
‘‘(A) is established in the State for the primary purpose
of regulating the entry of persons into or the conduct of
persons within, a particular profession; and
‘‘(B) is authorized to issue licenses.
‘‘(4) The term ‘military orders’ has the meaning given such
term in section 305.
‘‘(5) The term ‘scope of practice’ means the defined param-
eters of various duties or services that may be provided by
an individual under a license.’’.
SEC. 588. CHILD CARE SERVICES AND YOUTH PROGRAM SERVICES
FOR DEPENDENTS.
(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary of Defense shall fully fund requests under section
1798 of title 10, United States Code, for financial assistance to
eligible civilian providers of child care services or youth program
services, as such terms are used in such section.
(b) RULE OF CONSTRUCTION.—This section shall not be con-
strued to limit the authority of the Secretary, under subsection
(a) of such section, to determine whether to provide such financial
assistance to an eligible provider for such services.
SEC. 589. CHILD CARE SERVICES AND YOUTH PROGRAM SERVICES
FOR DEPENDENTS: PERIOD OF SERVICES FOR A MEMBER
WITH A SPOUSE SEEKING EMPLOYMENT.
(a) PERIOD.—The Secretary of a military department may pro-
vide a covered member with covered services for a period of at
least 180 days.
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to—
(1) entitle a covered member to covered services; or
(2) give priority to a covered member for purposes of a
determination regarding who shall receive covered services.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered member’’ means a member of the
Armed Forces—
(A) who has a dependent child; and
(B) whose spouse is seeking employment.
(2) The term ‘‘covered services’’ means child care services
or youth program services provided or paid for by the Secretary
of Defense under subchapter II of chapter 88 of title 10, United
States Code.
SEC. 589A. CHILD DEVELOPMENT PROGRAM STAFFING AND COM-
PENSATION MODEL.
(a) IN GENERAL.—The Secretary of Defense, in collaboration
with the Secretaries of the military departments, shall carry out
a redesign of the Department of Defense child development program
compensation model and modernization of the child development
program staffing model.
H. R. 5009—143
(b) REDESIGNED
COMPENSATION
MODEL.—The Secretary of
Defense, in collaboration with the Secretaries of the military depart-
ments, shall—
(1) redesign child development program staff compensation
for non-entry level, mid-to-senior level classroom staff by mod-
ernizing the duties and responsibilities captured in position
descriptions to more accurately reflect performance and
expectations of the positions;
(2) adjust compensation for higher-level program manage-
ment positions by modernizing the duties and responsibilities
captured in position descriptions to more accurately reflect
performance and expectations of the positions;
(3) direct the Department’s personnel office to make nec-
essary adjustments to modernize the pay plan to accommodate
any compensation and wage increases driven by the updated
position descriptions for child development program staff; and
(4) begin implementation of the revised position descrip-
tions and accompanying compensation adjustments no later
than April 1, 2025, subject to the availability of appropriations.
(c) MODERNIZE
CHILD
DEVELOPMENT
PROGRAM
STAFFING
MODEL.—The Secretary of Defense, in collaboration with the Secre-
taries of the military departments, shall—
(1) add key positions to facilitate classroom operations and
provide direct support to child development program staff;
(2) add key positions to coordinate support for the needs
of children with specials needs and provide direct support to
the child development program staff working with these chil-
dren; and
(3) develop and implement a 5-year phased plan to ensure
responsible funding execution, successful implementation
allowing for adjustments as necessary, and long-term sustain-
able impact.
(d) BRIEFINGS REQUIRED.—
(1) INITIAL BASELINE BRIEFING.—
(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary, in
collaboration with the Secretaries of the military depart-
ments, shall provide to the Committees on Armed Services
of the Senate and the House of Representatives an initial
baseline briefing that describes progress, accomplishments,
and the impact of the redesign of the Department of
Defense child development program compensation model
and the modernization of the child development program
staffing model.
(B) ESTABLISHMENT OF DATA BASELINE.—The briefing
required by subparagraph (A) shall be used to establish
a data baseline.
(2) ANNUAL BRIEFINGS.—
(A) IN GENERAL.—Not later than one year after pro-
viding the briefing required by paragraph (1), and annually
thereafter for four years, the Secretary, in collaboration
with the Secretaries of the military departments, shall
provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the progress
made with respect to the redesign of the Department of
Defense child development program compensation model
H. R. 5009—144
and the modernization of the child development program
staffing model.
(B) ELEMENTS.—Each briefing required by subpara-
graph (A) shall include the following:
(i) The percentage of child development program
staff that are also military spouses.
(ii) The turnover or retention rate of child develop-
ment program staff.
(iii) The utilization rate of child development pro-
gram child care spaces.
(iv) The number of child development program
employees who were hired during the year preceding
the briefing.
(v) The percentage of such employees who resigned
within their first six months of employment.
(vi) Information on the ability to staff newly con-
structed facilities.
(vii) An assessment of the impact of adding key
positions to the child development program staffing
model under paragraphs (1) and (2) of subsection (c).
SEC. 589B. INCLUSIVE PLAYGROUND PILOT PROGRAM.
(a) IN GENERAL.—Not later than March 1, 2026, the Secretary
of Defense, in coordination with the Secretaries of the military
departments, shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a plan for the
implementation of a military families playground pilot program
(in this section referred to as the ‘‘Inclusive Playground Pilot Pro-
gram’’) to design, develop, and construct playgrounds that directly
support families enrolled in the Exceptional Family Member Pro-
gram (hereinafter, ‘‘EFMP’’) to increase the accessibility and
inclusivity of access to playgrounds on military installations selected
under subsection (c).
(b) ELEMENTS.—The plan under subsection (a) shall include
the following elements:
(1) A definition of the term ‘‘inclusive playground’’.
(2) A list of existing inclusive playgrounds on military
installations.
(3) A list of military installations selected by the Secretary
of Defense under subsection (c).
(4) An explanation of how the Secretary of Defense selected
such locations, including—
(A) the numbers of military families enrolled in the
EFMP at each such military installation; and
(B) the minimum number of such military families
that justifies the construction of an inclusive playground
on such military installation.
(5) The estimated costs to design, develop, and construct
an inclusive playground (or upgrade an existing playground
to meet such definition) on the military installations selected
under subsection (c), including—
(A) an explanation of how the Secretary determined
whether to construct a new inclusive playground or to
upgrade an existing playground;
(B) the overall sustainment costs for an inclusive play-
ground, and
H. R. 5009—145
(C) they type of funding required for such design,
development, and construction.
(6) A list of additional authorities, appropriations, or other
support the Secretary determines necessary to ensure the suc-
cess of the Inclusive Playground Pilot Program.
(c) LOCATIONS.—In selecting military installations on which
to implement the Inclusive Playground Pilot Program, the Secretary
of Defense shall—
(1) select one military installation—
(A) of each military department; and
(B) that the Secretary determines has a large number
of military families enrolled in the EFMP that would use
an inclusive playground;
(2) take into consideration any existing inclusive play-
ground of the Department of Defense.
(d) LIMITATION.—The Secretary of Defense may not implement
the Inclusive Playground Pilot Program until—
(1) 180 days after the date on which the Secretary submits
the plan under subsection (a); and
(2) funds are obligated for the design, development, and
construction of inclusive playgrounds under the Inclusive Play-
ground Pilot Program as minor military construction projects.
Subtitle J—Dependent Education
SEC. 591. ADVISORY COMMITTEES FOR DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENTS SCHOOLS.
Section 2164(d) of title 10, United States Code, is amended
to read as follows:
‘‘(d) SCHOOL ADVISORY COMMITTEES.—(1) The Secretary of
Defense, acting through the Director of the Department of Defense
Education Activity, shall provide for the establishment of an
advisory committee for each Department of Defense elementary
or secondary school established at a military installation under
this section.
‘‘(2) An advisory committee established under paragraph (1)
for a school at a military installation—
‘‘(A) shall advise the principal or superintendent of the
school with respect to the operation of the school;
‘‘(B) may make recommendations with respect to cur-
riculum and budget matters; and
‘‘(C) except in the case of an advisory committee for a
school on a military installation described in paragraph (4),
shall advise the commander of the military installation with
respect to problems concerning the education of dependents
within the jurisdiction of the commander.
‘‘(3)(A) The membership of each advisory committee established
for a school described in paragraph (1)—
‘‘(i) shall include an equal number of parents of students
enrolled in the school and of employees working at the school;
and
‘‘(ii) when appropriate, may include a student enrolled in
the school.
‘‘(B) In addition to the members described in subparagraph
(A), the membership of each advisory committee shall include one
nonvoting member designated by the organization recognized as
H. R. 5009—146
the exclusive bargaining representative of the employees working
at the school.
‘‘(4) In the case of a military installation where there is more
than one school in the Department of Defense elementary and
secondary school system, the Secretary, acting through the Director,
shall provide for the establishment of an advisory committee for
the military installation to advise the commander of the military
installation with respect to the education of dependents.
‘‘(5)(A) Except in the case of a nonvoting member designated
under paragraph (3)(B), members of an advisory committee estab-
lished under this subsection shall be elected by individuals of voting
age residing in the area to be served by the advisory committee.
‘‘(B) The Secretary, acting through the Director, shall by regula-
tion prescribe the qualifications for election to an advisory com-
mittee established under this subsection and procedures for con-
ducting elections of members to such an advisory committee.
‘‘(6) Members of an advisory committee established under this
subsection shall serve without pay.’’.
SEC. 592. ELIGIBILITY OF DEPENDENTS OF CERTAIN DECEASED MEM-
BERS OF THE ARMED FORCES FOR ENROLLMENT IN
DEPARTMENT
OF
DEFENSE
DOMESTIC
DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164(j) of title 10, United States Code, is amended—
(1) in paragraph (1), in the first sentence, by striking
‘‘an individual described in paragraph (2)’’ and inserting ‘‘a
member of a foreign armed force residing on a military installa-
tion in the United States (including territories, commonwealths,
and possessions of the United States)’’; and
(2) by amending paragraph (2) to read as follows:
‘‘(2)(A) The Secretary may authorize the enrollment in a Depart-
ment of Defense education program provided by the Secretary
pursuant to subsection (a) of a dependent not otherwise eligible
for such enrollment who is the dependent of a member of the
armed forces who died in—
‘‘(i) an international terrorist attack against the United
States or a foreign country friendly to the United States, as
determined by the Secretary;
‘‘(ii) military operations while serving outside the United
States (including the commonwealths, territories, and posses-
sions of the United States) as part of a peacekeeping force;
or
‘‘(iii) the line of duty in a combat-related operation, as
designated by the Secretary.
‘‘(B)(i) Except as provided by clause (ii), enrollment of a
dependent described in subparagraph (A) in a Department of
Defense education program provided pursuant to subsection (a)
shall be on a tuition-free, space available basis.
‘‘(ii) In the case of a dependent described in subparagraph
(A) residing on a military installation in the United States
(including territories, commonwealths, and possessions of the
United States), the Secretary may authorize enrollment of the
dependent in a Department of Defense education program provided
pursuant to subsection (a) on a tuition-free, space required basis.’’.
H. R. 5009—147
SEC. 593. EXPANSION OF ELIGIBILITY FOR VIRTUAL PROGRAMS OPER-
ATED
BY
DEPARTMENT
OF
DEFENSE
EDUCATION
ACTIVITY.
Section 2164(l) of title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘; and’’ and
inserting ‘‘; or’’; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph (B):
‘‘(B) is a home-schooled student.’’; and
(2) by striking paragraphs (2) and (3) and inserting the
following new paragraph (2):
‘‘(2) In this subsection, the term ‘home-schooled student’ means
a student in a grade equivalent to kindergarten or any of grades
1 through 12 who receives educational instruction at home or by
other nontraditional means outside of a public or private school
system, either all or most of the time.’’.
SEC. 594. AUTHORIZATION FOR SCHOOL MEAL PROGRAMS AT DEPART-
MENT OF DEFENSE DEPENDENT SCHOOLS.
(a)
DEPARTMENT
OF
DEFENSE
DOMESTIC
DEPENDENT
SCHOOLS.—Section 2164 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(m) MEAL PROGRAMS.—(1) The Secretary of Defense may
administer a meal program, consistent with Federal law and stand-
ards prescribed by the Secretary of Agriculture for that meal pro-
gram, for students enrolled in a school established under this sec-
tion.
‘‘(2) In this subsection, the term ‘meal program’ means a pro-
gram established under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) or the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.).’’.
(b)
DEPARTMENT
OF
DEFENSE
OVERSEAS
DEPENDENT
SCHOOLS.—Section 1402 of the Defense Dependents’ Education Act
of 1978 (20 U.S.C. 921) is amended by adding at the end the
following new subsection:
‘‘(e) MEAL PROGRAMS.—In addition to carrying out the require-
ment under section 20 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769b) to administer lunch programs in
certain dependents’ schools, the Secretary of Defense may admin-
ister a school breakfast program for students attending a school
of the defense dependents’ education system.’’.
SEC. 595. ELIGIBILITY OF CERTAIN DEPENDENTS FOR ENROLLMENT
IN DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.
(a) IN GENERAL.—Chapter 108 of title 10, United States Code,
is amended by inserting after section 2164a the following new
section:
‘‘§ 2164b. Eligibility of certain dependents for enrollment in
domestic dependent elementary and secondary
schools
‘‘(a) PROGRAM AUTHORIZED.—Beginning not later than 180 days
after the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2025, the Secretary of Defense shall carry
out a program under which a dependent of a full-time, active-
H. R. 5009—148
duty member of the armed forces may enroll in a covered DODEA
school at the military installation to which the member is assigned,
on a space-available basis as described in subsection (b), without
regard to whether the member resides on the installation as
described in section 2164(a)(1) of this title.
‘‘(b) ENROLLMENT
ON
SPACE-AVAILABLE
BASIS.—A student
participating in the program under subsection (a) may be enrolled
in a covered DODEA school only if the school has the capacity
to accept the student, as determined by the Director of the Depart-
ment of Defense Education Activity.
‘‘(c) LOCATIONS.—The Secretary shall select military installa-
tions for participation in the program under subsection (a) based
on—
‘‘(1) the readiness needs of the Secretary of the military
department concerned; and
‘‘(2) the capacity of the covered DODEA schools located
at the installation to accept additional students, as determined
by the Director.
‘‘(d) BRIEFINGS REQUIRED.—
‘‘(1) IN
GENERAL.—Not later than April 1, 2025, and
annually thereafter for four years, the Secretary shall brief
the Committees on Armed Services of the Senate and House
of Representatives on the program under subsection (a).
‘‘(2) ELEMENTS.—Each briefing required by paragraph (1)
shall include the following:
‘‘(A) An identification of the military installations
participating in the program under subsection (a).
‘‘(B) The number of students enrolled in covered
DODEA schools under the program.
‘‘(e) NOTIFICATIONS
OF
PARTICIPATING
INSTALLATIONS.—Not
later than 90 days before officially announcing the participation
of a new military installation in the program under subsection
(a), the Secretary shall notify the Committees on Armed Services
of the Senate and the House of Representatives with respect to
the participation of the installation.
‘‘(f) COVERED DODEA SCHOOL DEFINED.—In this section, the
term ‘covered DODEA school’ means a domestic dependent
elementary or secondary school operated by the Department of
Defense Education Activity that—
‘‘(1) was established on or before the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2025;
and
‘‘(2) is located in the continental United States.’’.
(b) CONFORMING REPEAL.—Section 589C of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 10 U.S.C. 2164 note) is repealed.
SEC. 596. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY SCHOOLS TO MAINTAIN MAXIMUM STUDENT-TO-
TEACHER RATIOS.
Section 589B(c) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3659) is amended by striking ‘‘2023-2024 academic
year’’ and inserting ‘‘2029-2030 academic year’’.
H. R. 5009—149
SEC. 597. ENROLLMENT IN DEFENSE DEPENDENTS’ EDUCATION
SYSTEM OF CHILDREN OF FOREIGN MILITARY MEMBERS
ASSIGNED TO UNITED NATIONS COMMAND.
Section 1404A of the Defense Dependents’ Education Act of
1978 (20 U.S.C. 923a) is amended—
(1) in subsection (a)(2)—
(A) by striking ‘‘a foreign military member’’ and all
that follows through ‘‘Supreme’’ and inserting the following:
‘‘foreign military members assigned to—
‘‘(A) the Supreme’’;
(B) by striking the period at the end and inserting
‘‘; or’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(B) the United Nations Command, but only in a school
of the defense dependents’ education system in South Korea
or Japan.’’; and
(2) in subsection (c)—
(A) in the subsection heading, by striking ‘‘ASSIGNED’’
and all that follows through ‘‘EUROPE’’;
(B) in paragraph (1)—
(i) in the first sentence, by striking ‘‘in Mons’’
and all that follows through ‘‘subsection (a)’’ and
inserting ‘‘described in paragraph (2) of subsection (a)
to determine the number of children described in that
paragraph’’; and
(ii) in the second sentence, by striking ‘‘the com-
mander’’ and all that follows through ‘‘Belgium’’ and
inserting ‘‘the commanders of the geographic combat-
ant commands with jurisdiction over the locations
described in paragraph (2) of subsection (a)’’; and
(C) in paragraph (2), by striking ‘‘in Mons, Belgium,’’.
SEC. 598. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN
PERSONNEL.
(a) CONTINUATION
OF
AUTHORITY
TO
ASSIST
LOCAL
EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF
THE
ARMED
FORCES
AND
DEPARTMENT
OF
DEFENSE
CIVILIAN
EMPLOYEES.—
(1) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS
OF MILITARY DEPENDENT STUDENTS.—Of the amount authorized
to be appropriated for fiscal year 2025 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$50,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (a)
of section 572 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(2) LOCAL
EDUCATIONAL
AGENCY
DEFINED.—In this sub-
section, the term ‘‘local educational agency’’ has the meaning
given that term in section 7013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.—
(1) IN GENERAL.—Of the amount authorized to be appro-
priated for fiscal year 2025 pursuant to section 301 and avail-
able for operation and maintenance for Defense-wide activities
H. R. 5009—150
as specified in the funding table in section 4301, $10,000,000
shall be available for payments under section 363 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398; 114 Stat.
1654A–77; 20 U.S.C. 7703a).
(2) ADDITIONAL
AMOUNT.—Of the amount authorized to
be appropriated for fiscal year 2025 pursuant to section 301
and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies deter-
mined by the Secretary to have higher concentrations of mili-
tary children with severe disabilities.
(3) BRIEFING.—Not later than March 31, 2025, the Sec-
retary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the Department of Defense’s evaluation of each
local educational agency with higher concentrations of military
children with severe disabilities and subsequent determination
of the amounts of impact aid each such agency shall receive.
SEC. 599. TRAINING REQUIREMENTS TEACHERS IN 21ST CENTURY
SCHOOLS OF THE DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY.
(a) IN GENERAL.—The Secretary of Defense, acting through
the Director of the Department of Defense Education Activity, shall
require each teacher in a 21st century school to undergo training
in accordance with this section.
(b) CONTENT.—The training required under subsection (a) shall
consist of specialized instruction to provide teachers with the skills
necessary to effectively teach in a 21st century school environment,
including instruction in—
(1) understanding and using the physical space of a 21st
century school classroom;
(2) building the relationships necessary to succeed,
including relationships with students and other teachers;
(3) the curriculum and level of academic rigor necessary
to increase student learning;
(4) other skills necessary to support the academic achieve-
ment and social and emotional well being of students; and
(5) such other topics as the Secretary and the Director
determine appropriate.
(c) FREQUENCY.—The training required under subsection (a)
shall be provided as follows:
(1) In the case of a teacher who has been assigned to
a 21st century school, but has not commenced teaching in
such school, the training shall be provided before the teacher
commences teaching in such school.
(2) In the case of a teacher who previously taught in
a 21st century school, but subsequently taught in a school
that is not a 21st century school for one or more school years,
such training shall be provided before the teacher resumes
teaching in a 21st Century School.
(3) In the case of a teacher who is teaching in a 21st
century school as of the date of the enactment of this Act,
such training shall be provided not later than 180 days after
such date of enactment.
H. R. 5009—151
(4) In the case of a teacher who teaches in a 21st century
school on an ongoing basis, and who previously received
training under this subsection, such training shall be provided
not less frequently than once every three years.
(d) 21ST CENTURY SCHOOL DEFINED.—In this section, the term
‘‘21st century school’’ means a school facility operated by the Depart-
ment of Defense Education Activity that has been constructed or
modernized pursuant to the 21st Century Schools Program of the
Activity.
SEC. 599A. OVERSEAS TRANSFER PROGRAM FOR EDUCATORS IN
SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE
EDUCATION ACTIVITY.
(a) IN GENERAL.—Not later than December 31, 2025, the Sec-
retary of Defense, in coordination with the Director of the Depart-
ment of Defense Education Activity, shall develop and implement
a policy pursuant to which a teacher at an overseas DODEA school
may transfer to a position at another overseas DODEA school,
subject to such terms, conditions, and other requirements as the
Secretary determines appropriate.
(b) OVERSEAS DODEA SCHOOL DEFINED.—In this section, the
term ‘‘overseas DODEA school’’ means a school that is—
(1) operated by the Department of Defense Education
Activity; and
(2) located outside the United States.
SEC. 599B. PARENTAL RIGHT TO NOTICE OF STUDENT NONPRO-
FICIENCY IN READING OR LANGUAGE ARTS.
The Secretary of Defense shall ensure that each elementary
school operated by the Department of Defense Education Activity
notifies the parents of any student enrolled in such school when
the student does not score as grade-level proficient in reading
or language arts at the end of the third grade based on the reading
or
language
arts
assessments
administered
under
section
1111(b)(2)(B)(v)(I)(aa) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(2)(B)(v)(I)(aa)) or another assessment
administered to all third grade students by such school.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Basic Pay, Retired Pay, and Leave
Sec. 601. Reform of basic pay rates.
Sec. 602. Policy on postpartum physical fitness tests and body composition assess-
ments.
Sec. 603. Extension of parental leave to members of the Coast Guard Reserve.
Sec. 604. Elimination of cap on additional retired pay for extraordinary heroism for
members of the Army and Air Force who served during the Vietnam
Era.
Sec. 605. Calculation of retired pay for certain officers who served in grade O–9 or
O–10 and retired in grade O–8.
Subtitle B—Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Increase in accession bonus for health professions scholarship and finan-
cial assistance program.
Sec. 613. Increase in maximum skill proficiency bonus amount.
H. R. 5009—152
Subtitle C—Allowances
Sec. 621. Basic needs allowance for members on active service in the Armed Forces:
expansion of eligibility; increase of amount.
Sec. 622. Authority to pay basic allowance for housing to junior enlisted members
on sea duty.
Sec. 623. Reimbursement of expenses relating to travel for inactive-duty training
and muster duty.
Sec. 624. Expansion of travel and transportation allowance to move or store pri-
vately owned vehicles.
Sec. 625. Extension of authority to pay one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 626. Travel and transportation allowances: prohibition of requirement of zero-
emission vehicle.
Sec. 627. Evaluation of the rates of the basic allowance for subsistence.
Sec. 628. Report regarding the calculation of cost-of-living allowances.
Subtitle D—Family and Survivor Benefits
Sec. 631. Expansion of eligibility for certain benefits that arise from the death of
a member of the Armed Forces.
Sec. 632. Extension of time for minor survivors to file death gratuity claims.
Sec. 633. Parent fees at military child development centers for child care employ-
ees.
Sec. 634. Information regarding paternal engagement on website of Military
OneSource.
Subtitle E—Defense Resale Matters
Sec. 641. Prohibition on sale of garlic from the People’s Republic of China at com-
missary stores.
Sec. 642. Sale of certain supplies of the Navy and Marine Corps to certain former
members of the Coast Guard.
Subtitle F—Other Benefits, Reports, and Briefings
Sec. 651. Access to broadband internet access service for certain members of the
Armed Forces.
Sec. 652. Extension of exclusion of certain employees from Government lodging pro-
gram.
Sec. 653. Promotion of tax preparation assistance programs.
Sec. 654. Pilot program to increase access to food on military installations of the
Army.
Subtitle A—Basic Pay, Retired Pay, and
Leave
SEC. 601. REFORM OF BASIC PAY RATES.
Effective April 1, 2025, the rates of monthly basic pay for
members of the uniformed services within each pay grade (and
with years of service as computed under section 205 of title 37,
United States Code) are as follows:
Commissioned Officers
Pay
Grade
2 Years or
Less
Over 2 Years
Over 3 Years
Over 4 Years
Over 6 Years
O-8
$13,380.00
$13,818.90
$14,109.30
$14,190.30
$14,553.60
O-7
11,117.70
11,634.00
11,873.10
12,063.60
12,407.10
O-6
8,430.90
9,261.90
9,870.00
9,870.00
9,907.80
O-5
7,028.40
7,917.30
8,465.40
8,568.60
8,910.90
H. R. 5009—153
Commissioned Officers—Continued
O-4
6,064.20
7,019.70
7,488.90
7,592.40
8,027.10
O-3
5,331.60
6,044.10
6,522.60
7,112.40
7,453.80
O-2
4,606.80
5,246.70
6,042.90
6,247.20
6,375.30
O-1
3,998.40
4,161.90
5,031.30
5,031.30
5,031.30
Over 8 Years
Over 10
Years
Over 12
Years
Over 14
Years
Over 16
Years
O-8
$15,159.30
$15,300.60
$15,876.30
$16,042.20
$16,538.10
O-7
12,747.30
13,140.00
13,531.50
13,925.10
15,159.30
O-6
10,332.30
10,388.70
10,388.70
10,979.10
12,022.80
O-5
9,114.90
9,564.90
9,895.80
10,322.70
10,974.30
O-4
8,493.60
9,075.00
9,526.20
9,840.60
10,020.90
O-3
7,827.90
8,069.10
8,466.60
8,674.50
8,674.50
O-2
6,375.30
6,375.30
6,375.30
6,375.30
6,375.30
O-1
5,031.30
5,031.30
5,031.30
5,031.30
5,031.30
Over 18
Years
Over 20
Years
Over 22
Years
Over 24
Years
Over 26
Years
O-10
$0.00
$18,808.20
$18,808.20
$18,808.20
$18,808.20
O-9
0.00
18,808.20
18,808.20
18,808.20
18,808.20
O-8
17,256.00
17,917.20
18,359.10
18,359.10
18,359.10
O-7
16,202.10
16,202.10
16,202.10
16,202.10
16,285.50
O-6
12,635.40
13,247.70
13,596.30
13,949.10
14,632.80
O-5
11,285.10
11,592.30
11,940.90
11,940.90
11,940.90
O-4
10,125.00
10,125.00
10,125.00
10,125.00
10,125.00
O-3
8,674.50
8,674.50
8,674.50
8,674.50
8,674.50
O-2
6,375.30
6,375.30
6,375.30
6,375.30
6,375.30
O-1
5,031.30
5,031.30
5,031.30
5,031.30
5,031.30
Over 28
Years
Over 30
Years
Over 32
Years
Over 34
Years
Over 36
Years
O-10
$18,808.20
$18,808.20
$18,808.20
$18,808.20
$18,808.20
O-9
18,808.20
18,808.20
18,808.20
18,808.20
18,808.20
H. R. 5009—154
Commissioned Officers—Continued
O-8
18,359.10
18,808.20
18,808.20
18,808.20
18,808.20
O-7
16,285.50
16,611.00
16,611.00
16,611.00
16,611.00
O-6
14,632.80
14,925.00
14,925.00
14,925.00
14,925.00
O-5
11,940.90
11,940.90
11,940.90
11,940.90
11,940.90
O-4
10,125.00
10,125.00
10,125.00
10,125.00
10,125.00
O-3
8,674.50
8,674.50
8,674.50
8,674.50
8,674.50
O-2
6,375.30
6,375.30
6,375.30
6,375.30
6,375.30
O-1
5,031.30
5,031.30
5,031.30
5,031.30
5,031.30
Over 38
Years
Over 40
Years
O-10
$18,808.20
$18,808.20
O-9
18,808.20
18,808.20
O-8
18,808.20
18,808.20
O-7
16,611.00
16,611.00
O-6
14,925.00
14,925.00
O-5
11,940.90
11,940.90
O-4
10,125.00
10,125.00
O-3
8,674.50
8,674.50
O-2
6,375.30
6,375.30
O–-1
5,031.30
5,031.30
1 Basic pay for officers in pay grades O-7 through O-10 may not exceed the rate of pay for level II of the
Executive Schedule. This includes officers serving as Chairman or Vice Chairman of the Joint Chiefs of
Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, Chief of Space Operations, Commandant of the Coast Guard, Chief of the National
Guard Bureau, or commander of a unified or specified combatant command (as defined in section 161(c) of
title 10, United States Code).
2 Basic pay for officers in pay grades O-6 and below may not exceed the rate of pay for level V of the
Executive Schedule.
3 This table does not apply to commissioned officers in pay grade O-1, O-2, or O-3 who have been cred-
ited with over 4 years of active-duty service as an enlisted member or warrant officer.
Commissioned Officers With Over 4 Years of Active Duty Service as an
Enlisted Member or Warrant Officer
Pay
Grade
2 Years or
Less
Over 2 Years
Over 3 Years
Over 4 Years
Over 6 Years
H. R. 5009—155
Commissioned Officers With Over 4 Years of Active Duty Service as an
Enlisted Member or Warrant Officer—Continued
O-3E
$0.00
$0.00
$0.00
$7,112.40
$7,453.80
O-2E
0.00
0.00
0.00
6,247.20
6,375.30
O-1E
0.00
0.00
0.00
5,031.30
5,372.40
Over 8 Years
Over 10
Years
Over 12
Years
Over 14
Years
Over 16
Years
O-3E
$7,827.90
$8,069.10
$8,466.60
$8,802.60
$8,995.20
O-2E
6,578.10
6,920.70
7,185.90
7,383.00
7,383.00
O-1E
5,571.30
5,774.40
5,973.60
6,247.20
6,247.20
Over 18
Years
Over 20
Years
Over 22
Years
Over 24
Years
Over 26
Years
O-3E
$9,257.70
$9,257.70
$9,257.70
$9,257.70
$9,257.70
O-2E
7,383.00
7,383.00
7,383.00
7,383.00
7,383.00
O-1E
6,247.20
6,247.20
6,247.20
6,247.20
6,247.20
Over 28
Years
Over 30
Years
Over 32
Years
Over 34
Years
Over 36
Years
O-3E
$9,257.70
$9,257.70
$9,257.70
$9,257.70
$9,257.70
O-2E
7,383.00
7,383.00
7,383.00
7,383.00
7,383.00
O-1E
6,247.20
6,247.20
6,247.20
6,247.20
6,247.20
Over 38
Years
Over 40
Years
O-3E
$9,257.70
$9,257.70
O-2E
7,383.00
7,383.00
O-1E
6,247.20
6,247.20
1 This table applies to commissioned officers in the Reserve Component with more than 1,460 points as
an enlisted member, a warrant officer, or a warrant officer and an enlisted member, which are creditable
toward reserve retirement.
Warrant Officers
Pay
Grade
2 Years or
Less
Over 2 Years
Over 3 Years
Over 4 Years
Over 6 Years
W-4
$5,510.40
$5,926.80
$6,096.90
$6,264.30
$6,552.90
W-3
5,032.20
5,241.30
5,457.00
5,526.90
5,752.20
H. R. 5009—156
Warrant Officers—Continued
W-2
4,452.60
4,873.80
5,003.10
5,092.50
5,380.80
W-1
3,908.10
4,329.30
4,442.10
4,681.20
4,963.50
Over 8 Years
Over 10
Years
Over 12
Years
Over 14
Years
Over 16
Years
W-4
$6,838.20
$7,127.10
$7,560.90
$7,941.90
$8,304.30
W-3
6,195.60
6,657.60
6,875.10
7,126.80
7,385.40
W-2
5,829.60
6,052.50
6,271.20
6,539.10
6,748.50
W-1
5,379.90
5,574.30
5,847.00
6,114.30
6,324.60
Over 18
Years
Over 20
Years
Over 22
Years
Over 24
Years
Over 26
Years
W-5
$0.00
$9,797.40
$10,294.50
$10,665.00
$11,074.20
W-4
8,601.60
8,891.10
9,315.60
9,664.80
10,062.90
W-3
7,851.90
8,166.30
8,354.40
8,554.50
8,827.20
W-2
6,937.80
7,164.60
7,313.70
7,431.90
7,431.90
W-1
6,518.40
6,753.60
6,753.60
6,753.60
6,753.60
Over 28
Years
Over 30
Years
Over 32
Years
Over 34
Years
Over 36
Years
W-5
$11,074.20
$11,628.90
$11,628.90
$12,209.40
$12,209.40
W-4
10,062.90
10,263.60
10,263.60
10,263.60
10,263.60
W-3
8,827.20
8,827.20
8,827.20
8,827.20
8,827.20
W-2
7,431.90
7,431.90
7,431.90
7,431.90
7,431.90
W-1
6,753.60
6,753.60
6,753.60
6,753.60
6,753.60
Over 38
Years
Over 40
Years
W-5
$12,821.10
$12,821.10
W-4
10,263.60
10,263.60
W-3
8,827.20
8,827.20
W-2
7,431.90
7,431.90
W-1
6,753.60
6,753.60
1 Basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule.
H. R. 5009—157
Enlisted Members
Pay
Grade
2 Years or
Less
Over 2 Years
Over 3 Years
Over 4 Years
Over 6 Years
E-7
$3,788.10
$4,134.30
$4,293.00
$4,502.10
$4,666.50
E-6
3,276.60
3,606.00
3,765.00
3,919.80
4,080.60
E-5
3,220.50
3,466.50
3,637.50
3,802.20
3,959.40
E-4
3,027.30
3,182.10
3,354.90
3,524.70
3,675.60
E-3
2,733.00
2,904.60
3,081.00
3,081.00
3,081.00
E-2
2,599.20
2,599.20
2,599.20
2,599.20
2,599.20
E-1
2,319.00
2,319.00
2,319.00
2,319.00
2,319.00
Over 8 Years
Over 10
Years
Over 12
Years
Over 14
Years
Over 16
Years
E-9
$0.00
$6,657.30
$6,807.90
$6,997.80
$7,221.60
E-8
5,449.50
5,690.70
5,839.80
6,018.60
6,212.10
E-7
4,947.60
5,106.30
5,387.10
5,621.40
5,781.30
E-6
4,443.90
4,585.20
4,858.80
4,942.50
5,003.40
E-5
4,142.40
4,234.50
4,259.70
4,259.70
4,259.70
E-4
3,675.60
3,675.60
3,675.60
3,675.60
3,675.60
E-3
3,081.00
3,081.00
3,081.00
3,081.00
3,081.00
E-2
2,599.20
2,599.20
2,599.20
2,599.20
2,599.20
E-1
2,319.00
2,319.00
2,319.00
2,319.00
2,319.00
Over 18
Years
Over 20
Years
Over 22
Years
Over 24
Years
Over 26
Years
E-9
$7,447.80
$7,808.40
$8,114.70
$8,436.00
$8,928.60
E-8
6,561.90
6,739.20
7,040.70
7,207.80
7,619.40
E-7
5,951.10
6,017.10
6,238.20
6,356.70
6,808.80
E-6
5,074.80
5,074.80
5,074.80
5,074.80
5,074.80
E-5
4,259.70
4,259.70
4,259.70
4,259.70
4,259.70
E-4
3,675.60
3,675.60
3,675.60
3,675.60
3,675.60
E-3
3,081.00
3,081.00
3,081.00
3,081.00
3,081.00
H. R. 5009—158
Enlisted Members—Continued
E-2
2,599.20
2,599.20
2,599.20
2,599.20
2,599.20
E-1
2,319.00
2,319.00
2,319.00
2,319.00
2,319.00
Over 28
Years
Over 30
Years
Over 32
Years
Over 34
Years
Over 36
Years
E-9
$8,928.60
$9,374.10
$9,374.10
$9,843.30
$9,843.30
E-8
7,619.40
7,772.10
7,772.10
7,772.10
7,772.10
E-7
6,808.80
6,808.80
6,808.80
6,808.80
6,808.80
E-6
5,074.80
5,074.80
5,074.80
5,074.80
5,074.80
E-5
4,259.70
4,259.70
4,259.70
4,259.70
4,259.70
E-4
3,675.60
3,675.60
3,675.60
3,675.60
3,675.60
E-3
3,081.00
3,081.00
3,081.00
3,081.00
3,081.00
E-2
2,599.20
2,599.20
2,599.20
2,599.20
2,599.20
E-1
2,319.00
2,319.00
2,319.00
2,319.00
2,319.00
Over 38
Years
Over 40
Years
E-9
$10,336.50
$10,336.50
E-8
7,772.10
7,772.10
E-7
6,808.80
6,808.80
E-6
5,074.80
5,074.80
E-5
4,259.70
4,259.70
E-4
3,675.60
3,675.60
E-3
3,081.00
3,081.00
E-2
2,599.20
2,599.20
E-1
2,319.00
2,319.00
1 Basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, the rate of basic pay for noncommissioned officers serving as Ser-
geant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeant
of the Air Force, Sergeant Major of the Marine Corps, Chief Master Sergeant of the Space Force, Senior
Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or Senior Enlisted Advisor to the Chief of
the National Guard Bureau, basic pay for this grade is $10,758.00 per month, regardless of cumulative
years of service under section 205 of title 37, United States Code.
3 In the case of members in pay grade E-1 who have served fewer than 4 months on active duty, the
rate of basic pay is $2,144.10.
H. R. 5009—159
SEC. 602. POLICY ON POSTPARTUM PHYSICAL FITNESS TESTS AND
BODY COMPOSITION ASSESSMENTS.
Section 701(k) of title 10, United States Code, is amended,
in the matter preceding paragraph (1),
(1) by striking ‘‘gives birth while on active duty’’ and
inserting ‘‘, while on active duty, gives birth, loses a pregnancy,
or has a stillbirth,’’; and
(2) by striking ‘‘such birth’’ and inserting ‘‘such birth, loss
of pregnancy, or stillbirth’’.
SEC. 603. EXTENSION OF PARENTAL LEAVE TO MEMBERS OF THE
COAST GUARD RESERVE.
(a) EXTENSION.—Section 711 of chapter 40 of title 10, United
States Code, is amended, in subsection (b), in the matter preceding
paragraph (1), by striking ‘‘is a member of the Army, Navy, Marine
Corps, Air Force, or Space Force who’’.
(b) TECHNICAL CORRECTIONS.—Such section—
(1) is further amended, in subsection (a)(2)—
(A) by striking ‘‘subparagraph (A)’’ each place it
appears and inserting ‘‘paragraph (1)’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘clause (i)’’ and inserting ‘‘subpara-
graph (A)’’; and
(ii) by striking ‘‘.;’’ and inserting a period; and
(2) is redesignated as section 710a of such chapter of such
title.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2025.
SEC. 604. ELIMINATION OF CAP ON ADDITIONAL RETIRED PAY FOR
EXTRAORDINARY HEROISM FOR MEMBERS OF THE ARMY
AND AIR FORCE WHO SERVED DURING THE VIETNAM ERA.
Title 10, United States Code, is amended—
(1) in section 1402(f)(2), by striking ‘‘The amount’’ and
inserting ‘‘Except in the case of a member who served during
the Vietnam Era (as that term is defined in section 12731
of this title), the amount’’;
(2) in section 7361(a)(2), by inserting ‘‘(except in the case
of a member who served during the Vietnam Era, as that
term is defined in section 12731 of this title)’’ after ‘‘based’’;
and
(3) in section 9361(a)(2), by inserting ‘‘(except in the case
of a member who served during the Vietnam Era, as that
term is defined in section 12731 of this title)’’ after ‘‘based’’.
SEC. 605. CALCULATION OF RETIRED PAY FOR CERTAIN OFFICERS
WHO SERVED IN GRADE O–9 OR O–10 AND RETIRED IN
GRADE O–8.
Section 1407(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(4) SPECIAL RULE FOR OFFICERS WHO SERVED IN GRADE
O–9 OR O–10 AND RETIRED IN GRADE O–8.—In the case of an
officer who served in the temporary grade of O–9 or O–10
and received a conditional or final retirement in the permanent
grade of O–8 pursuant to section 1370 or 1370a of this title,
the retired pay base or retainer pay shall be the lower of—
‘‘(A) the amount determined under subsection (c) or
(d), as applicable; or
H. R. 5009—160
‘‘(B) the amount determined under section 1406 of this
title, as if the officer first became a member of a uniformed
service before September 8, 1980.’’.
Subtitle B—Bonus and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) AUTHORITIES RELATING TO RESERVE FORCES.—Section 910(g)
of title 37, United States Code, relating to income replacement
payments for reserve component members experiencing extended
and frequent mobilization for active duty service, is amended by
striking ‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’.
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFES-
SIONALS.—The following sections of title 10, United States Code,
are amended by striking ‘‘December 31, 2024’’ and inserting
‘‘December 31, 2025’’:
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(c) AUTHORITIES RELATING
TO NUCLEAR OFFICERS.—Section
333(i) of title 37, United States Code, is amended by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’.
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sec-
tions of title 37, United States Code, are amended by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’:
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers’
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or pro-
ficiency bonus.
(9) Section 355(h), relating to retention incentives for mem-
bers qualified in critical military skills or assigned to high
priority units.
(e) AUTHORITY
TO PROVIDE TEMPORARY INCREASE
IN RATES
OF BASIC ALLOWANCE FOR HOUSING.—Section 403(b) of title 37,
United States Code, is amended—
(1) in paragraph (7)(E), relating to an area covered by
a major disaster declaration or containing an installation
experiencing an influx of military personnel, by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’; and
H. R. 5009—161
(2) in paragraph (8)(C), relating to an area where actual
housing costs differ from current rates by more than 20 percent,
by striking ‘‘September 30, 2024’’ and inserting ‘‘December 31,
2025’’.
SEC. 612. INCREASE IN ACCESSION BONUS FOR HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
Section 2128(a) of title 10, United States Code, is amended
by striking ‘‘$20,000’’ and inserting ‘‘$100,000’’.
SEC. 613. INCREASE IN MAXIMUM SKILL PROFICIENCY BONUS
AMOUNT.
Section 353(c)(2) of title 37, United States Code, is amended
by striking ‘‘$12,000’’ and inserting ‘‘$55,000’’.
Subtitle C—Allowances
SEC. 621. BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE
SERVICE IN THE ARMED FORCES: EXPANSION OF ELIGI-
BILITY; INCREASE OF AMOUNT.
(a) ELIGIBILITY.—Section 402b of title 37, United States Code,
is amended, in subsection (b)(2)—
(1) in subparagraph (A)—
(A) by striking ‘‘(A)’’;
(B) by striking ‘‘150 percent’’ and inserting ‘‘200 per-
cent’’; and
(C) by striking ‘‘; or’’ and inserting ‘‘; and’’; and
(2) by striking subparagraph (B).
(b) AMOUNT.—Such section is further amended, in subsection
(c)(1)(A), by striking ‘‘150 percent (or, in the case of a member
described in subsection (b)(2)(B), 200 percent)’’ and inserting ‘‘200
percent’’.
SEC. 622. AUTHORITY TO PAY BASIC ALLOWANCE FOR HOUSING TO
JUNIOR ENLISTED MEMBERS ON SEA DUTY.
Section 403(f)(2) of title 37, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘subparagraphs (B),
(C), and (D),’’ and inserting ‘‘subparagraphs (B) and (C),’’;
(2) in subparagraph (B)—
(A) in the first sentence, by striking ‘‘pay grade E–
4 or E–5’’ and inserting ‘‘a pay grade below E–6’’; and
(B) in the second sentence, by striking ‘‘for members
serving in pay grades E–4 and E–5’’; and
(3) by striking subparagraph (D).
SEC. 623. REIMBURSEMENT OF EXPENSES RELATING TO TRAVEL FOR
INACTIVE-DUTY TRAINING AND MUSTER DUTY.
(a) IN GENERAL.—Section 452 of title 37, United States Code,
is amended by adding at the end the following new subsection:
‘‘(j) TRAVEL FOR INACTIVE-DUTY TRAINING AND MUSTER DUTY.—
(1) If a member of the uniformed services travels more than 50
miles from the member’s permanent residence (as established under
paragraph (2)) for training described in paragraph (9) of subsection
(b) or duty described in paragraph (10) of that subsection, the
member shall be provided, in the form of actual expenses, in-
kind, or a combination thereof—
H. R. 5009—162
‘‘(A) actual and necessary expenses of travel and transpor-
tation for, or in connection with, such travel; and
‘‘(B) meals, incidentals, and expenses related to such travel,
to the same extent specified in regulations prescribed under
section 464 of this title for a member on official travel.
‘‘(2) For purposes of paragraph (1), the permanent residence
of a member—
‘‘(A) shall be established not later than 30 days after the
date on which the permanent duty assignment of the member
begins; and
‘‘(B) may not be re-established until after the member
receives subsequent orders for a permanent change of assign-
ment.
‘‘(3) In the case of a member whose permanent residence
changes after the date described in subparagraph (A) of paragraph
(2) and before the member receives orders described in subpara-
graph (B) of such paragraph, the Secretary concerned may provide
the member expenses described in paragraph (1) or such other
reimbursement as the Secretary determines appropriate if the
member travels more than 50 miles from the new permanent resi-
dence of the member for training described in paragraph (9) of
subsection (b) or duty described in paragraph (10) of such sub-
section.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to travel on or after January 1, 2027.
(c) REPORT.—Not later than January 1, 2026, the Secretary
of Defense shall submit to the congressional defense committees
a report containing the following elements:
(1) The estimated marginal cost of the amendment made
by subsection (a) to the Department of Defense, disaggregated
by reserve component.
(2) The estimated total number of members of the Armed
Forces who would be affected by such amendment.
(3) Any recommended change to such amendment in order
to improve efficacy or implementation.
(4) Any other matter that the Secretary determines appro-
priate.
SEC. 624. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCE
TO MOVE OR STORE PRIVATELY OWNED VEHICLES.
Section 453 of title 37, United States Code, is amended, in
subsection (c)—
(1) in paragraph (2), by striking ‘‘(but not to exceed one
privately owned vehicle per member household)’’; and
(2) in paragraph (4), by striking ‘‘a privately owned vehicle’’
and inserting ‘‘privately owned vehicles’’.
SEC. 625. EXTENSION OF AUTHORITY TO PAY ONE-TIME UNIFORM
ALLOWANCE FOR OFFICERS WHO TRANSFER TO THE
SPACE FORCE.
Subsection (d)(1) of section 606 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 37 U.S.C. 416 note) is amended by
striking ‘‘ending on September 30, 2025’’ and inserting ‘‘ending
on the last day of the transition period as defined in section 1731
of the Space Force Personnel Management Act (title XVII of Public
Law 118–31; 10 U.S.C. 20001 note)’’.
H. R. 5009—163
SEC. 626. TRAVEL AND TRANSPORTATION ALLOWANCES: PROHIBITION
OF REQUIREMENT OF ZERO-EMISSION VEHICLE.
(a) IN GENERAL.—The Joint Travel Regulations for the Uni-
formed Services may not require that travel or transportation be
in a zero-emission vehicle in order to be eligible a travel or transpor-
tation allowance.
(b) RULE OF CONSTRUCTION.—This section shall not be con-
strued to prohibit the payment of such an allowance in the case
of a member of the uniformed services who uses a zero-emission
vehicle for travel or transportation that—
(1) the member owns; or
(2) is provided to such member by a rental company.
SEC. 627. EVALUATION OF THE RATES OF THE BASIC ALLOWANCE
FOR SUBSISTENCE.
Not later than April 1, 2025, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the evaluation of
the Secretary of the rates of the basic allowance for subsistence
under section 402 of title 37, United States Code. Elements of
such report shall include the following:
(1) The determination of the Secretary whether such rates
are sufficient.
(2) Other factors that could be used to determine such
rates, including—
(A) the number of dependents a member of the uni-
formed services has;
(B) whether the member has access to fresh fruits,
vegetables, dairy products, and meat;
(C) whether the member has access to healthy food;
and
(D) the local costs of food, including at commissaries
operated by the Secretary under chapter 147 of title 10,
United States Code.
(3) The recommendations of the Secretary whether, and
how, such rates may be improved.
SEC. 628. REPORT REGARDING THE CALCULATION OF COST-OF-LIVING
ALLOWANCES.
(a) REPORT REQUIRED.—Not later than April 1, 2025, the Sec-
retary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report regarding
the CONUS COLA and OCONUS COLA. Such report shall include
the following elements:
(1) The factors used to calculate the CONUS COLA and
OCONUS COLA.
(2) An explanation of how the factors described in para-
graph (1) are determined.
(3) An explanation of how the CONUS COLA and OCONUS
COLA may be adjusted, including—
(A) timelines for such an adjustment;
(B) bases for such an adjustment; and
(C) the relationship between CONUS COLA and
OCONUS COLA.
(4) The evaluation of the Secretary whether the surveys
used to collect data from members to calculate the CONUS
COLA and OCONUS COLA are effective.
H. R. 5009—164
(5) The evaluation of the Secretary whether the calculation
of the CONUS COLA and OCONUS COLA is effective.
(6) The assessment of the Secretary whether the calculation
of the CONUS COLA or OCONUS COLA should include addi-
tional factors, including—
(A) the number of dependents a member has;
(B) vicinity and commissary costs;
(C) the reimbursement of expenses (including tolls and
taxes) incurred by a member based on the duty station
of such member;
(D) remoteness;
(E) hardship;
(F) loss of spousal income;
(G) the unavailability of goods or services in the vicinity
of a duty station; and
(H) any other factor that the Secretary determines
appropriate.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘CONUS COLA’’ means the cost-of-living
allowance paid to a member of the uniformed services under
section 403b of title 37, United States Code.
(2) The term ‘‘OCONUS COLA’’ means a cost-of-living
allowance paid to a member of the uniformed services on the
basis that—
(A) the member is assigned to a permanent duty station
located outside the continental United States; or
(B) the dependents of such member reside outside the
continental United States but not in the vicinity of the
permanent duty station of such member.
Subtitle D—Family and Survivor Benefits
SEC. 631. EXPANSION OF ELIGIBILITY FOR CERTAIN BENEFITS THAT
ARISE FROM THE DEATH OF A MEMBER OF THE ARMED
FORCES.
(a) DEATH GRATUITY.—Section 1475(a)(4) of title 10, United
States Code, is amended by striking ‘‘for a period of more than
13 days’’.
(b) RECOVERY, CARE, AND DISPOSITION OF REMAINS.—Section
1481(a) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
‘‘(11) Any person not otherwise covered by this section
whose death entitles a survivor of such person to a death
gratuity under section 1475 of this title.’’.
(c) ELIGIBILITY FOR ASSISTANCE FROM A CASUALTY ASSISTANCE
OFFICER.—Section 633 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1475 note)
is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘; and’’ and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following new
subparagraph:
H. R. 5009—165
‘‘(C) an individual not described in subparagraph (A) or
(B) who is entitled to a death gratuity under section 1475
of title 10, United States Code.’’;
(B) in paragraph (2)—
(i) by striking ‘‘spouses and dependents’’ each place
it appears and inserting ‘‘survivors’’; and
(ii) in subparagraph (A), by striking ‘‘spouses and
other dependents of deceased members’’ and inserting
‘‘such survivors’’; and
(2) in subsection (b)(2), by striking ‘‘the spouse and other
dependents of a deceased member of the Armed Forces’’ and
inserting ‘‘such a survivor’’.
(d) APPLICABILITY.—The amendments made by this section shall
apply to a death that occurs on or after the date of the enactment
of this Act.
SEC. 632. EXTENSION OF TIME FOR MINOR SURVIVORS TO FILE DEATH
GRATUITY CLAIMS.
(a) IN GENERAL.—Section 1480 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(e) In the case of a claim for a death gratuity under this
chapter by an individual who is younger than 21 years of age
on the date of the death with respect to which the claim is made,
the individual shall file the claim with the Secretary of Defense
not later than the later of—
‘‘(1) the date that is three years after the individual reaches
21 years of age; or
‘‘(2) the date that is six years after the date of the death
with respect to which the claim is made.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
applies to claims filed with respect to deaths occurring on or after
on January 1, 2025.
SEC. 633. PARENT FEES AT MILITARY CHILD DEVELOPMENT CENTERS
FOR CHILD CARE EMPLOYEES.
Section 1793 of title 10, United States Code, is amended by
striking subsection (d) and inserting the following new subsections:
‘‘(d) CHILD CARE EMPLOYEE DISCOUNT.—In order to support
recruitment and retention initiatives, the Secretary of Defense shall
charge reduced fees for the attendance, at a military child develop-
ment center, of the children of a child care employee as follows:
‘‘(1) For the first child, no fee.
‘‘(2) For each other child, a fee equal to or less than a
fee discounted under subsection (c).
‘‘(e) PROHIBITION OF CONCURRENT DISCOUNTS.—A family may
not receive discounts under subsections (c) and (d) concurrently.’’.
SEC. 634. INFORMATION REGARDING PATERNAL ENGAGEMENT ON
WEBSITE OF MILITARY ONESOURCE.
Section 561 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111–84; 10 U.S.C. 1781 note) is amended,
in subsection (b)—
(1) by redesignating paragraphs (11) through (16) as para-
graphs (12) through (17), respectively; and
(2) by inserting, after paragraph (10), the following new
paragraph (11):
‘‘(11) Programs that encourage paternal engagement with
the family.’’.
H. R. 5009—166
Subtitle E—Defense Resale Matters
SEC. 641. PROHIBITION ON SALE OF GARLIC FROM THE PEOPLE’S
REPUBLIC OF CHINA AT COMMISSARY STORES.
(a) IN GENERAL.—Section 2484 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(l) PROHIBITION ON SALE OF GARLIC FROM PEOPLE’S REPUBLIC
OF CHINA.—The Secretary of Defense shall prohibit the sale at
any commissary store of fresh or chilled garlic—
‘‘(1) classified under subheading 0703.20.00 of the Har-
monized Tariff Schedule of the United States; and
‘‘(2) that originated from, or was processed in, the People’s
Republic of China.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 2026.
SEC. 642. SALE OF CERTAIN SUPPLIES OF THE NAVY AND MARINE
CORPS TO CERTAIN FORMER MEMBERS OF THE COAST
GUARD.
Section 8803 of title 10, United States Code, is amended by
striking ‘‘, or the Space Force’’ and inserting ‘‘, the Space Force,
or the Coast Guard’’.
Subtitle F—Other Benefits, Reports, and
Briefings
SEC. 651. ACCESS TO BROADBAND INTERNET ACCESS SERVICE FOR
CERTAIN MEMBERS OF THE ARMED FORCES.
(a) IN GENERAL.—Subchapter II of chapter 134 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2265. Access to broadband internet access service for cer-
tain members of the armed forces
‘‘The Secretary of a military department may provide, to a
member of the armed forces who resides in military unaccompanied
housing (as defined in section 2871 of this title) within the United
States, broadband internet access service, at no cost to such
member.’’.
(b) GUIDANCE.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary of Defense shall issue policy and
guidance for implementation of section 2265 of title 10, United
States Code, as added by this section, that—
(1) meets or exceeds any speed benchmark established
for broadband internet access service by the Federal Commu-
nications Commission under section 706 of the Telecommuni-
cations Act of 1996 (47 U.S.C. 1302);
(2) maximizes access to such service in individual rooms
and spaces; and
(3) allows reasonable internet access, subject to appropriate
restrictions applicable to other internet access provided by the
Secretary to members of the Armed Forces.
H. R. 5009—167
SEC. 652. EXTENSION OF EXCLUSION OF CERTAIN EMPLOYEES FROM
GOVERNMENT LODGING PROGRAM.
Section 914(b) of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113–291; 5 U.S.C. 5911 note) is amended—
(1) in paragraph (2), by striking ‘‘2023’’ and inserting
‘‘2029’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) BRIEFINGS REQUIRED.—
‘‘(A) IN GENERAL.—Not later than February 1, 2025,
and annually thereafter through February 1, 2030, the
Secretary shall brief the congressional defense committees
on the exclusion under paragraph (1) from the requirements
of a Government lodging program carried out under sub-
section (a).
‘‘(B) ELEMENTS.—Each briefing required by subpara-
graph (A) shall include, for the year preceding the briefing,
the following:
‘‘(i) A description of the instances in which the
exclusion under paragraph (1) was used.
‘‘(ii) A description of the lodging used under that
exclusion.
‘‘(iii) A statement of the difference in cost between
lodging used under that exclusion and lodging provided
under a Government lodging program carried out
under subsection (a) in each location where lodging
under the exclusion was used.
‘‘(iv) Such other matters as the Secretary considers
relevant.’’.
SEC. 653. PROMOTION OF TAX PREPARATION ASSISTANCE PROGRAMS.
(a) IN GENERAL.—The Secretary of Defense shall ensure that
each member of a covered Armed Force receives, not later than
March 1 of each year, via email or other electronic means, a notice
regarding the MilTax program and other tax preparation assistance
programs furnished by the Secretary.
(b) REPORT.—Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report regarding the rates of participation by members of the
covered Armed Forces in the programs described in subsection
(a).
(c) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the Army, Navy, Marine Corps, Air
Force, or Space Force.
SEC. 654. PILOT PROGRAM TO INCREASE ACCESS TO FOOD ON MILI-
TARY INSTALLATIONS OF THE ARMY.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall imple-
ment a pilot program to increase access to food on military installa-
tions of the Army for members of the Army who reside on such
military installations.
(b) ACCESS.—Food made available under the program under
this section shall be accessible with a common access card (or
other means determined appropriate by the Secretary) at dining
H. R. 5009—168
facilities, commissaries, exchanges, restaurants, and other locations
where such members can obtain food.
(c) TERMINATION.—The pilot program under this section shall
terminate five years after the date of the enactment of this Act.
(d) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a briefing on the implementation of the program under this section.
Such briefing shall include the following elements:
(1) The milestones and timeline to complete such
implementation.
(2) Resources, including software, hardware, and personnel,
necessary for such implementation.
(3) A description of potential barriers to implementation
of the program, particularly for remote or rural military
installations, or installations located in geographic areas with
limited access to food.
(4) Policies or regulations of the Department of the Army
that the Secretary determines necessary for such implementa-
tion.
(5) Recommendations of the Secretary regarding legislation
necessary for such implementation.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Benefits
Sec. 701. Access to specialty behavioral health care under TRICARE Prime.
Sec. 702. Reduction or waiver of cost-sharing amounts under TRICARE pharmacy
benefits program for certain dependents enrolled in TRICARE Prime
Remote program.
Sec. 703. TRICARE program: waiver of referral requirement under TRICARE
Prime for certain care in a military medical treatment facility.
Sec. 704. Extension of effective date regarding certain improvements to the
TRICARE dental program.
Sec. 705. Program to prevent perinatal mental health conditions in pregnant and
postpartum members of the Armed Forces.
Sec. 706. Guidance on authority to provide travel and transportation allowances for
specialty care under exceptional circumstances.
Sec. 707. Contraception coverage parity under the TRICARE program.
Sec. 708. Prohibition of coverage under TRICARE program of certain medical pro-
cedures for children that could result in sterilization.
Sec. 709. Demonstration program on cryopreservation and storage of gametes of
certain members of the Armed Forces.
Subtitle B—Health Care Administration
Sec. 711. Identification in patient medical records of affiliation of certain non-De-
partment of Defense health care providers.
Sec. 712. Extension of enhanced appointment and compensation authority for cer-
tain health care providers.
Sec. 713. Licensure requirement for certain health care professionals providing cer-
tain examinations to members of the reserve components.
Sec. 714. Health care licensure portability for TRICARE network providers pro-
viding mental health services to members of the Armed Forces and cer-
tain family members.
Sec. 715. Expansion of recognition by the Defense Health Agency of certifying bod-
ies for physicians.
Sec. 716. Waiver with respect to experienced nurses at military medical treatment
facilities.
Sec. 717. Improved implementation of financial relief for civilians treated in mili-
tary medical treatment facilities.
Sec. 718. Retention of health care providers: surveys; briefing; reports.
Subtitle C—Matters Relating to Brain Health
Sec. 721. Establishment of Defense Intrepid Network for Traumatic Brain Injury
and Brain Health as program of record.
H. R. 5009—169
Sec. 722. Brain health and trauma program.
Sec. 723. Modifications to Brain Health Initiative of Department of Defense.
Sec. 724. Blast overpressure and traumatic brain injury oversight strategy and ac-
tion plan.
Sec. 725. Establishment of requirements relating to blast overpressure exposure.
Subtitle D—Studies, Briefings, Reports, and Other Matters
Sec. 731. Treatment of expert medical opinions with respect to medical malpractice
claims by members of the uniformed services.
Sec. 732. Annual reports on medical malpractice claims by members of the uni-
formed services.
Sec. 733. Expansion of license reciprocity for veterinarians of Department of De-
fense.
Sec. 734. Medical countermeasures for overseas personnel of the Department of De-
fense for acute radiation syndrome and thermal burns.
Sec. 735. Establishment of Indo-Pacific Medical Readiness Program.
Sec. 736. Reports on suicide among members of the Armed Forces and suicide pre-
vention programs and activities of the Department of Defense.
Sec. 737. Study of immune response and other effects on members of the Armed
Forces regarding COVID–19 vaccines.
Sec. 738. Annual report on recruitment delays relating to medical conditions.
Sec. 739. Plan to improve access by members of the Armed Forces to safe, high-
quality pharmaceuticals.
Sec. 740. Pilot program on delegation of authority to approve reserve component re-
cruits with certain medical conditions.
Subtitle A—TRICARE and Other Health
Benefits
SEC. 701. ACCESS TO SPECIALTY BEHAVIORAL HEALTH CARE UNDER
TRICARE PRIME.
Section 704 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 1073 note) is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) ACCESS TO SPECIALTY BEHAVIORAL HEALTH CARE.—
‘‘(1) MONITORING.—The Secretary shall continuously mon-
itor the ability of beneficiaries under TRICARE Prime to receive
an appointment for specialty behavioral health care under
TRICARE Prime within the access standards established under
subsection (b)(2)(B) for such health care.
‘‘(2) EXPANSION
OF
BEHAVIORAL
HEALTH
ACCREDITATION
STANDARDS.—
‘‘(A) DETERMINATIONS.—The Secretary shall expand
required behavioral health accreditation standards in a
State if the Secretary makes the following determinations:
‘‘(i) Access to specialty behavioral health care in
that State fails to meet the access standards estab-
lished under subsection (b)(2)(B) for more than 12
consecutive months.
‘‘(ii) The expanded accreditation standards are ade-
quate to ensure quality of care.
‘‘(B) STATE CREDENTIALS.—The Secretary may include
in expanded behavioral health accreditation standards
under subparagraph (A) appropriate credentials issued by
State-level organizations.
‘‘(C) BRIEFINGS.—If the Secretary expands behavioral
health accreditation standards under subparagraph (A),
the Secretary shall provide to the Committees on Armed
Services of the Senate and the House of Representatives
H. R. 5009—170
a briefing on such expansion, including how such expansion
affects access to specialty behavioral health care.
‘‘(D) NOTIFICATIONS.—If the Secretary makes a deter-
mination under clause (i) of subparagraph (A), but does
not make a determination under clause (ii) of such subpara-
graph, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a notice explaining both such determinations.
‘‘(3) TERMINATION.—The authority of the Secretary under
this subsection shall terminate on January 1, 2028.’’.
SEC. 702. REDUCTION OR WAIVER OF COST-SHARING AMOUNTS UNDER
TRICARE PHARMACY BENEFITS PROGRAM FOR CERTAIN
DEPENDENTS ENROLLED IN TRICARE PRIME REMOTE
PROGRAM.
Section 1074g(a)(6) of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
‘‘(D) Notwithstanding subparagraphs (A), (B), and (C), the Sec-
retary may selectively waive or reduce cost-sharing amounts under
this subsection for a dependent of a member of the uniformed
services described in section 1074(c)(3)(B) of this title if the
dependent is enrolled in the TRICARE Prime Remote program
and accompanies the member to the duty assignment of the member
at the expense of the Federal Government.’’.
SEC. 703. TRICARE PROGRAM: WAIVER OF REFERRAL REQUIREMENT
UNDER TRICARE PRIME FOR CERTAIN CARE IN A MILI-
TARY MEDICAL TREATMENT FACILITY.
Section 1095f(a)(2) of title 10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) The Secretary shall waive the referral requirement in
paragraph (1) in the case of a member of the armed forces serving
on active duty who seeks to obtain any of the following kinds
of care in a military medical treatment facility:
‘‘(i) Physical therapy.
‘‘(ii) Nutritional.
‘‘(iii) Audiological.
‘‘(iv) Optometric.
‘‘(v) Podiatric.’’.
SEC. 704. EXTENSION OF EFFECTIVE DATE REGARDING CERTAIN
IMPROVEMENTS TO THE TRICARE DENTAL PROGRAM.
(a) EXTENSION.—Section 1076a of title 10, United States Code,
is amended by striking ‘‘January 1, 2026’’ each place it appears
and inserting ‘‘January 1, 2027’’.
(b) RULEMAKING; BRIEFING.—Section 701 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117–263; 10 U.S.C. 1076a note) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘January 1, 2025’’
and inserting ‘‘January 1, 2026’’; and
(B) in paragraph (2), by striking ‘‘January 1, 2026’’
and inserting ‘‘January 1, 2027’’; and
(2) in subsection (c), by striking ‘‘and 2026’’ and inserting
‘‘2026, and 2027’’.
H. R. 5009—171
SEC. 705. PROGRAM TO PREVENT PERINATAL MENTAL HEALTH CONDI-
TIONS IN PREGNANT AND POSTPARTUM MEMBERS OF THE
ARMED FORCES.
(a) REQUIREMENT.—The Secretary of Defense, acting through
the Under Secretary of Defense for Personnel and Readiness, shall
carry out a program to improve clinical and nonclinical services
targeting mental health conditions in pregnant and postpartum
members of the Armed Forces and spouses of members during
the perinatal period.
(b) ELEMENTS.—The Secretary shall ensure that the program
under subsection (a) includes the following:
(1) Access to support resources during the perinatal period,
including—
(A) identification of symptoms of perinatal mental
health conditions, brief intervention by primary care pro-
viders, referral to care, and treatment;
(B) targeted nonmedical counseling services through
the Department of Defense Military and Family Life Coun-
seling Program of the Office of Military Family Readiness
Policy under section 1781 of title 10, United States Code;
(C) existing parenting resiliency programs of the mili-
tary departments;
(D) adherence to clinical practice guidelines in military
medical treatment facilities in support of members of the
uniformed services and dependents with a diagnosed
mental health condition requiring clinical intervention,
including through primary care services and women’s
health clinics, in collaboration with behavioral health serv-
ices; and
(E) prenatal and postnatal support programs at mili-
tary medical treatment facilities that provide group coun-
seling modeled after best clinical practices, such as the
Centering Pregnancy program.
(2) A process for informing pregnant and postpartum mem-
bers of the Armed Forces and spouses of members of nonmedical
and clinical support services during the perinatal period.
(3) A communications strategy to increase awareness of
the services available under the program.
(c) REPORT.—Not later than December 31, 2025, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the program under sub-
section (a) that includes the following:
(1) A description of the range of activities included in
the program and data assessing the effectiveness or short-
comings of such activities.
(2) How resources are allocated for the purpose of estab-
lishing and maintaining perinatal support programs at military
medical treatment facilities.
(3) Measurements for adherence to evidence-based protocols
at military medical treatment facilities with respect to identi-
fying potential mental health issues.
(4) Assessment of current training and credentials required
for health care providers providing perinatal services and
consideration for further certifications, such as the Perinatal
Mental Health Certification.
H. R. 5009—172
(5) Feasibility and advisability of adding specialized
perinatal mental health support services via a helpline through
Military One Source.
(6) Recommendations for administrative or legislative
changes to improve the effectiveness of the program.
(d) PERINATAL PERIOD DEFINED.—In this section, the term
‘‘perinatal period’’ means the period beginning with pregnancy
through one year following childbirth.
SEC. 706. GUIDANCE ON AUTHORITY TO PROVIDE TRAVEL AND
TRANSPORTATION ALLOWANCES FOR SPECIALTY CARE
UNDER EXCEPTIONAL CIRCUMSTANCES.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall issue guidance with respect
to the authority of the Secretary under section 1074i(b) of title
10, United States Code.
SEC. 707. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE
PROGRAM.
(a) PHARMACY BENEFITS PROGRAM.—Section 1074g(a)(6) of title
10, United States Code, as amended by section 702, is further
amended by adding at the end the following new subparagraph:
‘‘(E) Notwithstanding subparagraphs (A), (B), and (C), the cost-
sharing amount under this subsection for any prescription contra-
ceptive on the uniform formulary provided through a retail phar-
macy described in paragraph (2)(E)(ii) or through the national mail-
order pharmacy program is $0.’’.
(b) TRICARE SELECT.—Section 1075(f) of such title is
amended—
(1) by striking the heading and inserting ‘‘OTHER EXCEP-
TIONS TO COST-SHARING REQUIREMENTS’’;
(2) by inserting ‘‘(1)’’ before ‘‘A beneficiary enrolled’’; and
(3) by adding at the end the following new paragraph:
‘‘(2)(A) Notwithstanding any other provision of this section,
the cost-sharing amount under this section for any beneficiary
enrolled in TRICARE Select for a service described in subparagraph
(B) that is provided by a network provider is $0.
‘‘(B) A service described in this subparagraph is any contracep-
tive method approved, cleared, or authorized under section 505,
510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e), any contraceptive care
(including with respect to insertion, removal, and follow up), any
sterilization procedure, or any patient education or counseling
service provided in connection with any such contraceptive, care,
or procedure.’’.
(c) TRICARE PRIME.—Section 1075a of such title is amended
by adding at the end the following new subsection:
‘‘(d) PROHIBITION ON COST-SHARING FOR CERTAIN SERVICES.—
(1)(A) Notwithstanding any other provision of this section, the cost-
sharing amount under this section for any beneficiary enrolled
in TRICARE Prime for a service described in subparagraph (B)
that is provided under TRICARE Prime is $0.
‘‘(B) A service described in this subparagraph is any contracep-
tive method approved, cleared, or authorized under section 505,
510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e), any contraceptive care
(including with respect to insertion, removal, and follow up), any
sterilization procedure, or any patient education or counseling
H. R. 5009—173
service provided in connection with any such contraceptive, care,
or procedure.’’.
(d) TECHNICAL AND CONFORMING AMENDMENTS.—Chapter 55
of title 10, United States Code, is amended as follows:
(1) Paragraph (4) of section 1075(c) is—
(A) transferred to subsection (f), as amended by sub-
section (b) of this section;
(B) inserted after paragraph (2); and
(C) redesignated as paragraph (3).
(2) Paragraph (4) of section 1075a(a) is—
(A) transferred to subsection (d), as added by sub-
section (c) of this section;
(B) inserted after paragraph (1); and
(C) redesignated as paragraph (2).
SEC. 708. PROHIBITION OF COVERAGE UNDER TRICARE PROGRAM OF
CERTAIN MEDICAL PROCEDURES FOR CHILDREN THAT
COULD RESULT IN STERILIZATION.
Section 1079(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(20) Medical interventions for the treatment of gender
dysphoria that could result in sterilization may not be provided
to a child under the age of 18.’’.
SEC. 709. DEMONSTRATION PROGRAM ON CRYOPRESERVATION AND
STORAGE OF GAMETES OF CERTAIN MEMBERS OF THE
ARMED FORCES.
(a) DEMONSTRATION PROGRAM.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall carry out a demonstration program to reimburse covered
members
for
expenses
incurred
in
the
retrieval,
testing,
cryopreservation, shipping, and storage of gametes of such covered
members in a private storage facility determined appropriate by
the Secretary.
(b) ELEMENTS.—
(1) AMOUNT
OF
REIMBURSEMENT.—A covered member
participating in the demonstration program shall receive not
more than the following amounts per year:
(A) $500 in the case of a member who preserves sperm.
(B) $10,000 in the case of a member who preserves
eggs.
(2) INFORMATION.—
(A) PROVIDERS.—The Secretary shall provide to a cov-
ered member participating in the demonstration program
information regarding providers of services described in
subsection (a) located near the covered member.
(B) PROMOTION.—The Secretary shall promote the dem-
onstration program to covered members in the course of
annual
health
examinations
and
pre-deployment
screenings.
(3) USE
OF
MILITARY
MEDICAL
TREATMENT
FACILITIES.—
The Secretary shall encourage the use of military medical treat-
ment facilities that offer services described in subsection (a)
to provide services under the demonstration program.
(c) DURATION.—The Secretary shall—
(1) publish in the Federal Register the date on which
the Secretary will commence carrying out the demonstration
program; and
H. R. 5009—174
(2) carry out the demonstration program for a three-year
period beginning on such date.
(d) NO LIABILITY OR CONTRACTUAL OBLIGATION.—The United
States shall not be—
(1) considered a party to any agreement between a covered
member who participates in the demonstration program and
a private gamete storage facility; or
(2)
responsible
for
the
management
of
gametes
cryopreserved or stored for which a covered member receives
reimbursement under such demonstration program.
(e) ADVANCED MEDICAL DIRECTIVE.—A covered member who
participates in the demonstration program shall complete an
advanced medical directive that specifies how gametes preserved
under the demonstration program shall be handled upon the death
of such covered member.
(f) REPORTS; BRIEFINGS.—
(1) INITIAL
REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate a report containing a plan to
implement the demonstration program.
(2) REPORT.—Not later than one year after the Secretary
commences carrying out the demonstration program, the Sec-
retary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
demonstration program. Such report shall include the following:
(A) Usage by covered members.
(B) Demographics of participating covered members.
(C) Costs of services to participating covered members.
(D) The feasibility of expanding the demonstration pro-
gram.
(E) The feasibility of making the demonstration pro-
gram permanent.
(F) Other information determined appropriate by the
Secretary.
(3) BRIEFINGS.—Not later than one year after the date
of the enactment of this Act, and annually thereafter for the
duration of the demonstration program, the Secretary shall
provide to the congressional defense committees a briefing on—
(A) the design, use, and costs of the demonstration
project; and
(B) any other observations of the Secretary with respect
to the demonstration project, such as the effects of the
demonstration project on recruitment and retention.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘covered member’’ means a member of a
covered Armed Force serving on active duty—
(A) who has received orders (including deployment
orders) for duty for which the member may receive haz-
ardous duty pay under section 351 of title 37, United
States Code;
(B) whom the Secretary determines is likely to receive
such orders in the next 120 days;
(C) who will, under orders, be geographically separated
from a spouse, domestic partner, or dating partner for
a period of not less than 180 days, including sea duty;
or
H. R. 5009—175
(D) whose application to participate in the demonstra-
tion program is approved by the Secretary.
(2) The term ‘‘covered Armed Force’’ means the Army,
Navy, Marine Corps, Air Force, or Space Force.
(3) The term ‘‘deployment’’ has the meaning given such
term in section 991(b) of title 10, United States Code.
Subtitle B—Health Care Administration
SEC. 711. IDENTIFICATION IN PATIENT MEDICAL RECORDS OF AFFILI-
ATION OF CERTAIN NON-DEPARTMENT OF DEFENSE
HEALTH CARE PROVIDERS.
Chapter 55 of title 10, United States Code, is amended by
inserting after section 1091 the following new section:
‘‘§ 1091a. Identification in patient medical records of affili-
ation of certain non-Department of Defense health
care providers
‘‘(a) REQUIREMENT.—The Secretary of Defense shall ensure that
medical records of the Department of Defense include the organiza-
tional affiliation of any independent health care contractor identified
in such medical records.
‘‘(b) INDEPENDENT HEALTH CARE CONTRACTOR DEFINED.—In
this section, the term ‘independent health care contractor’ means
a health care provider who meets the following criteria:
‘‘(1) The health care provider is a nonpersonal services
contractor, or an employee of such a contractor, pursuant to
subpart 37.4 of the Federal Acquisition Regulation, or other
applicable regulation.
‘‘(2) The health care provider provides health care services
under this chapter in any military medical treatment facility
(as defined in section 1073c(i) of this title) or other location
under the jurisdiction of the Secretary of Defense, including
an operational clinic.’’.
SEC. 712. EXTENSION OF ENHANCED APPOINTMENT AND COMPENSA-
TION AUTHORITY FOR CERTAIN HEALTH CARE PRO-
VIDERS.
Section 1599c(b) of title 10, United States Code, is amended
by striking ‘‘December 31, 2025’’ both places it appears and inserting
‘‘December 31, 2030’’.
SEC. 713. LICENSURE REQUIREMENT FOR CERTAIN HEALTH CARE
PROFESSIONALS PROVIDING CERTAIN EXAMINATIONS TO
MEMBERS OF THE RESERVE COMPONENTS.
Section 1094(d)(2) of title 10, United States Code, is amended
by inserting ‘‘an examination or assessment under section 10206
of this title or’’ after ‘‘not covered under section 1091 of this title
who is providing’’.
SEC. 714. HEALTH CARE LICENSURE PORTABILITY FOR TRICARE NET-
WORK PROVIDERS PROVIDING MENTAL HEALTH SERVICES
TO MEMBERS OF THE ARMED FORCES AND CERTAIN
FAMILY MEMBERS.
(a) IN GENERAL.—Section 1094(d) of title 10, United States
Code, as amended by section 713, is further amended—
H. R. 5009—176
(1) in paragraph (1), by striking ‘‘paragraph (2) or (3)’’
and inserting ‘‘paragraph (2), (3), or (4)’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) To the extent provided in regulations prescribed by the
Secretary for the purpose of assuring the availability of high-quality
mental health care services to members of the armed forces and
dependents entitled to health care under section 1076 of this title,
a health care professional referred to in paragraph (1) as being
described in this paragraph is a mental health provider providing
care through a network under the TRICARE program who—
‘‘(A) has a current license to practice as a mental health
care professional;
‘‘(B) is providing tele-mental health care services to mem-
bers of the armed forces or such dependents; and
‘‘(C) is providing such services under terms and conditions
specified by the Secretary (which shall establish the scope
of authorized Federal duties for purposes of paragraph (1)).’’.
(b) REGULATIONS.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
an interim final regulation to implement the amendments made
by subsection (a).
SEC. 715. EXPANSION OF RECOGNITION BY THE DEFENSE HEALTH
AGENCY OF CERTIFYING BODIES FOR PHYSICIANS.
(a) EXPANSION.—Not later than 180 days after the date of
the enactment of this Act, the Director of the Defense Health
Agency shall revise the policy of the Defense Health Agency
regarding the credentialing and privileging under the military
health system to expand the recognition of certifying bodies for
physicians under such policy to a wide range of additional board
certifications in medical specialties and subspecialties. Subject to
subsection (b), the following certifying bodies shall be so recognized:
(1) The member boards of the American Board of Medical
Specialties.
(2) The Bureau of Osteopathic Specialists of the American
Osteopathic Association.
(3) The American Board of Foot and Ankle Surgery.
(4) The American Board of Podiatric Medicine.
(5) The American Board of Oral and Maxillofacial Surgery.
(b) STANDARDS
FOR
RECOGNITION
OF
OTHER
CERTIFYING
BODIES.—To be recognized under subsection (a), a certifying body
shall—
(1) be an organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code;
(2) maintain a process to define, periodically review,
enforce, and update specific standards regarding knowledge
and skills of the specialty or subspecialty;
(3) administer a psychometrically valid assessment to
determine whether a physician meets standards for initial cer-
tification, recertification, or continuing certification;
(4) establish and enforce a code of professional conduct;
(5) require that, in order to be considered a board certified
specialty physician, a physician must satisfy—
(A) the certifying body’s applicable requirements for
initial certification; and
H. R. 5009—177
(B) any applicable recertification or continuing certifi-
cation requirements of the certifying body that granted
the initial certification; and
(6) meets such other requirements as the Secretary of
Defense may establish for purposes of compliance with appro-
priate requirements of applicable State laws and the promotion
of consistency in credentialing and privileging health care pro-
viders throughout military medical treatment facilities of the
Defense Health Agency.
SEC. 716. WAIVER WITH RESPECT TO EXPERIENCED NURSES AT MILI-
TARY MEDICAL TREATMENT FACILITIES.
(a) IN GENERAL.—The hiring manager of a military medical
treatment facility or other health care facility of the Department
of Defense may waive any General Schedule qualification standard
related to work experience established by the Director of the Office
of Personnel Management in the case of any applicant for a nursing
or practical nurse position in a military medical treatment facility
or other health care facility of the Department of Defense who—
(1)(A) is a nurse or practical nurse in the Department
of Defense; or
(B) was a nurse or practical nurse in the Department
of Defense for at least one year; and
(2) after commencing work as a nurse or practical nurse
in the Department of Defense, obtained a bachelor’s degree
or graduate degree from an accredited professional nursing
educational program.
(b) CERTIFICATION.—If, in the case of any applicant described
in subsection (a), a hiring manager waives a qualification standard
in accordance with such subsection, such hiring manager shall
submit to the Director of the Office of Personnel Management
a certification that such applicant meets all remaining General
Schedule qualification standards established by the Director of the
Office of Personnel Management for the applicable position.
SEC. 717. IMPROVED IMPLEMENTATION OF FINANCIAL RELIEF FOR
CIVILIANS TREATED IN MILITARY MEDICAL TREATMENT
FACILITIES.
(a) FINAL RULE REQUIRED.—The Secretary of Defense shall
issue a final rule (or interim final rule) to implement as soon
as possible after the date of the enactment of this Act section
1079b of title 10, United States Code.
(b) TREATMENT OF CLAIMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary shall hold in abeyance any claims under section
1079b of title 10, United States Code, until the final rule
(or interim final rule) required under subsection (a) is in effect.
(2) EXCEPTION.—Paragraph (1) does not apply to—
(A) claims to third-party payers; or
(B) administrative support provided to the Secretary
by another Federal agency to assist the Secretary in the
administration of section 1079b of title 10, United States
Code.
H. R. 5009—178
SEC. 718. RETENTION OF HEALTH CARE PROVIDERS: SURVEYS;
BRIEFING; REPORTS.
(a) SURVEYS.—The Secretary of a military department shall
conduct an annual survey of health care providers under the juris-
diction of such Secretary to determine why such providers remain
on, or separate from, active duty in such military department.
(b) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of a military department shall
provide to the Committees on Armed Services of the Senate and
House of Representatives a briefing regarding the plan of such
Secretary to carry out the survey under this section.
(c) REPORTS.—Not later than September 30 of each year, begin-
ning in 2025, the Secretary of a military department shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report regarding the most recent survey under
this section.
(1) ELEMENTS.—Each report shall include the following
elements:
(A)
Demographic
data
regarding
the
providers,
disaggregated under paragraph (2).
(B) Reasons providers gave for remaining.
(C) Reasons providers gave for separating.
(D) The determination of the Secretary whether there
is a trend regarding retention or such reasons.
(E) Efforts of the Secretary to reverse a negative trend
or encourage a positive trend.
(F) Legislative recommendations of the Secretary
regarding how to reverse a negative trend or encourage
a positive trend.
(2) DEMOGRAPHIC DATA.—In each report, the Secretary of
a military department shall disaggregate demographic data
regarding providers who participated in the most recent survey
on the bases of the following categories:
(A) Medical specialty.
(B) Rank.
(C) Gender.
(D) Years of service in such military department.
(E) Whether the provider became an officer on active
duty in such military department—
(i) pursuant to the Armed Forces Health Profes-
sions Scholarship and Financial Assistance program
under subchapter I of chapter 105 of title 10, United
States Code;
(ii) after graduating from the Uniformed Services
University of the Health Sciences established under
section 2112 of such title; or
(iii) otherwise.
(d) TERMINATION.—This section shall cease to have effect on
September 30, 2030.
H. R. 5009—179
Subtitle C—Matters Relating to Brain
Health
SEC. 721. ESTABLISHMENT OF DEFENSE INTREPID NETWORK FOR
TRAUMATIC BRAIN INJURY AND BRAIN HEALTH AS PRO-
GRAM OF RECORD.
(a) IN GENERAL.—Not later than January 1, 2026, the Secretary
of Defense shall establish the Defense Intrepid Network for Trau-
matic Brain Injury and Brain Health (in this section referred to
as the ‘‘Network’’) headquartered at the National Intrepid Center
of Excellence as a program of record subject to milestone reviews
and compliance with the requirements under this section.
(b) DUTIES.—The duties of the Network are as follows:
(1) To provide clinical care to prevent, diagnose, treat,
and rehabilitate members of the Armed Forces with traumatic
brain injury, post-traumatic stress disorder, symptoms from
blast overpressure or blast exposure, and other mental health
conditions.
(2) To promote standardization of care among the 10
Intrepid Spirit Centers throughout the continental United
States, brain health clinics in Alaska and Germany, and other
sites as designated by the Director of the Defense Health
Agency as being a part of the long-term brain health strategy
of the Department of Defense.
(3) To support and conduct research and education on
traumatic brain injury, post-traumatic stress disorder, blast
overpressure or blast exposure, and other mental health condi-
tions.
(c) ANNUAL BRIEFING.—Not later than one year after the date
of the enactment of this Act, and annually thereafter for a period
of five years, the Secretary of Defense shall provide to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a briefing that shall include, for the year covered by the
briefing—
(1) the number of individuals to whom the Network has
provided services;
(2) the number of individuals who return to active duty
in the Armed Forces after receiving services from the Network,
and the stage in their career at which they seek treatment
at the Network;
(3) the number of individuals whose families are able to
participate in programs provided by the Network; and
(4) the number of individuals on a waitlist for treatment
at the Network and the average period those individuals are
on the waitlist.
SEC. 722. BRAIN HEALTH AND TRAUMA PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Defense shall establish
an intensive comprehensive brain health and trauma program to—
(1) provide multidisciplinary specialist evaluations, treat-
ment initiation, and aftercare for members of the Armed Forces
and dependents of members; and
(2) make evidence-based improvements in such evaluations,
treatment, and aftercare.
(b) PROGRAM ELEMENTS.—The Secretary shall ensure that the
program under subsection (a) includes the following:
H. R. 5009—180
(1) Initiatives of the Defense Health Agency that provide
coordinated evaluations, treatment, and aftercare for traumatic
brain injuries and related conditions, that incorporates special-
ized evaluations, innovative and evidence-based treatments,
and comprehensive follow-up care.
(2) Collaboration with private sector nonprofit health care
organizations involved in innovative clinical activities in brain
health and trauma care, including transitional and residential
brain injury treatment programs.
(3) One or more pilot programs for demonstrating the
effectiveness of intensive outpatient multidisciplinary specialist
treatment and care coordination.
(4) Incorporation of evidence-based therapy with com-
plementary and alternative medicine approaches.
(5) Thorough evaluations of the effectiveness of innovative
activities for diagnosis, treatment, and aftercare of brain
trauma and promotion of brain health.
(c) BRIEFING.—Not later than December 31, 2025, the Secretary
shall provide to the Armed Services Committees of the Senate
and House of Representatives a briefing on the program under
subsection (a). Such briefing shall include the following:
(1) A description of the range of activities included in
the program and data assessing the effectiveness or short-
comings of such activities.
(2) The scope of each pilot program carried out under
subsection (b)(3).
(3) Recommendations for administrative or legislative
changes to improve the effectiveness of the program.
SEC. 723. MODIFICATIONS TO BRAIN HEALTH INITIATIVE OF DEPART-
MENT OF DEFENSE.
Section 735 of the James M. Inhofe National Defense Authoriza-
tion Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C.
1071 note) is amended—
(1) in subsection (b)(1)—
(A) by striking subparagraph (B) and inserting the
following new subparagraph:
‘‘(B) In accordance with subsection (c), the identifica-
tion and dissemination of thresholds for blast exposure
and overpressure safety and associated emerging scientific
evidence that—
‘‘(i) cover brain injury and impulse noise;
‘‘(ii) measure impact over 24-hour, 72-hour to 96-
hour, monthly, annual, and lifetime periods;
‘‘(iii) are designed to prevent cognitive deficits after
firing;
‘‘(iv) account for the cumulative impact of firing
multiple weapon systems during the same period;
‘‘(v) include minimum safe distances and levels
of exposure for observers and instructors; and
‘‘(vi) address shoulder-fired heavy weapons.’’; and
(B) by adding at the end the following new subpara-
graphs:
‘‘(H) The establishment of a standardized treatment
program based on interventions that have shown benefit
to individuals with brain health issues after a brain injury
and the provision of that treatment program to individuals
H. R. 5009—181
with brain health issues after a brain injury resulting
from a potential brain exposure described in subparagraph
(A) or high-risk training or occupational activities described
in subparagraph (D).
‘‘(I) The establishment of policies to encourage mem-
bers of the Armed Forces to seek medical treatment for
brain health when needed, prevent retaliation against such
members who seek such medical treatment, and address
other barriers to seeking medical treatment for brain health
due to the impact of blast exposure, blast overpressure,
or traumatic brain injury.
‘‘(J) The modification of existing weapons systems to
reduce blast exposure of the individual using the weapon
and those within the minimum safe distance.’’;
(2) by striking subsections (c), (e), and (f);
(3) by redesignating subsection (g) as subsection (f);
(4) by inserting after subsection (b) the following new sub-
section:
‘‘(c) THRESHOLDS
FOR BLAST EXPOSURE
AND OVERPRESSURE
SAFETY.—
‘‘(1) TIMING.—
‘‘(A) INITIAL THRESHOLDS.—Not later than January 1,
2027, the Secretary of Defense shall identify and dissemi-
nate the thresholds for blast exposure and overpressure
safety under subsection (b)(1)(B).
‘‘(B) PERIODIC UPDATES.—On a quinquennial basis, the
Secretary shall review and, as necessary, update the
thresholds for blast exposure and overpressure safety under
subsection (b)(1)(B).
‘‘(2) FORMAL TRAINING REQUIREMENT.—The Secretary shall
ensure that training on the thresholds for blast exposure and
overpressure safety is provided to members of the Armed Forces
before training, deployment, or entering other high-risk
environments where exposure to blast overpressure is likely.
‘‘(3) CENTRAL REPOSITORY.—Not later than January 1, 2027,
the Secretary shall establish a central repository of blast-related
characteristics, such as pressure profiles and common blast
loads associated with specific systems and the environments
in which the systems are used.
‘‘(4) WAIVERS.—
‘‘(A) PROTOCOLS.—The Secretary may waive the thresh-
olds for blast exposure and overpressure safety under sub-
section (b)(1)(B) for operational or training requirements
that the Secretary determines are essential to national
security. The Secretary shall include in each such waiver
a justification for exceeding such thresholds.
‘‘(B) TRACKING SYSTEM.—The Secretary shall establish
a Department of Defense-wide tracking system for waivers
issued under subparagraph (A) that includes data contrib-
uted by the Secretary of each military department.
‘‘(C) REPORT ON WAIVERS.—Not later than one year
after issuing a waiver under subparagraph (A) and
annually thereafter for a period of five years, the Secretary
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a
report on such waivers that includes—
H. R. 5009—182
‘‘(i) the number of waivers issued, disaggregated
by military department; and
‘‘(ii) a description of actions taken by the Secretary
concerned to track the health effects of exceeding
thresholds for blast exposure and overpressure safety
on members of the Armed Forces, document such
effects in medical records, and provide care to such
members.’’;
(5) in subsection (d)—
(A) in paragraph (1), by inserting ‘‘or other remote
measurement technology’’ after ‘‘wearable sensors’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) WEAPONS
USE.—Monitoring activities under a pilot
program conducted pursuant to paragraph (1) shall be carried
out for any member of the Armed Forces firing tier 1 weapons
in training or combat, as identified by the Secretary of
Defense.’’; and
(6) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) REPORTS ON WARFIGHTER BRAIN HEALTH INITIATIVE.—Not
later than December 31, 2025, and not less frequently than annually
thereafter for a period of five years, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report that includes the following:
‘‘(1) A description of the activities taken under the Initiative
and resources expended under the Initiative during the prior
fiscal year.
‘‘(2) The number of members of the Armed Forces impacted
by blast overpressure and blast exposure in the prior fiscal
year, including—
‘‘(A) the number of members who reported adverse
health effects from blast overpressure or blast exposure;
‘‘(B) the number of members exposed to blast over-
pressure or blast exposure;
‘‘(C) the number of members who received treatment
for injuries related to blast overpressure or blast exposure,
including at facilities of the Department of Defense and
at facilities in the private sector; and
‘‘(D) the type of care that members receive from facili-
ties of the Department of Defense and the type of care
that members receive from facilities in the private sector.
‘‘(3) A summary of the progress made during the prior
fiscal year with respect to the objectives of the Initiative under
subsection (b).
‘‘(4) A description of the steps the Secretary is taking
to ensure that activities under the Initiative are being imple-
mented across the Department of Defense and the military
departments.’’.
SEC. 724. BLAST OVERPRESSURE AND TRAUMATIC BRAIN INJURY
OVERSIGHT STRATEGY AND ACTION PLAN.
(a) STRATEGY AND PLAN REQUIRED.—The Secretary of Defense
shall develop and implement a traumatic brain injury oversight
strategy and action plan that includes, at a minimum, the following:
(1) Assigned roles and responsibilities for the components
of the Office of the Secretary of Defense for the mitigation,
identification, and treatment of traumatic brain injury and
H. R. 5009—183
the monitoring and documentation of blast overpressure expo-
sure.
(2) Standardized monitoring, treatment, and referral guide-
lines for traumatic brain injury programs across all covered
Armed Forces.
(3) A review and update of the current brain injury diag-
nostic tools used by such programs.
(4) Standardized, 72-hour follow-up requirements for all
traumatic brain injury patients, including protocols for the
treatment and observation during such follow-up appointments.
(5) Oversight and documentation standards to aid in data
collection.
(b) IMPLEMENTATION.—The Secretary shall implement the over-
sight strategy and action plan under subsection (a) not later than
one year after the date of the enactment of this Act.
(c) SUBMISSION TO GAO.—Upon development of the oversight
strategy and action plan under subsection (a), the Secretary shall
submit to the Comptroller General of the United States the over-
sight strategy and action plan.
(d) COVERED ARMED FORCES DEFINED.—In this section, the
term ‘‘covered Armed Forces’’ means the Army, Navy, Marine Corps,
Air Force, and Space Force.
SEC. 725. ESTABLISHMENT OF REQUIREMENTS RELATING TO BLAST
OVERPRESSURE EXPOSURE.
Not later than two years after the date of the enactment
of this Act, the Secretary of Defense shall establish—
(1) performance parameters to minimize exposure to blast
overpressure when drafting requirements for new weapon sys-
tems for the Department of Defense, taking into account the
thresholds for blast exposure and overpressure safety identified
pursuant to section 735(b)(1) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117–263; 10 U.S.C. 1071 note), as amended by section 723;
(2) with respect to contractual agreements entered into
by any entity and the Department of Defense as part of the
defense weapon acquisition process on or after the date on
which such parameters are established, a requirement that
the entity shall provide to the Secretary blast overpressure
measurements and safety data for a weapon system procured
under such agreement that produces blast overpressure that
exceeds such thresholds; and
(3) a requirement that any test plan for a new weapon
system shall incorporate testing for blast overpressure measure-
ments and safety data.
Subtitle D—Studies, Briefings, Reports,
and Other Matters
SEC. 731. TREATMENT OF EXPERT MEDICAL OPINIONS WITH RESPECT
TO MEDICAL MALPRACTICE CLAIMS BY MEMBERS OF THE
UNIFORMED SERVICES.
Section 2733a of title 10, United States Code, is amended—
(1) by striking ‘‘subsection (g)’’ each place it appears and
inserting ‘‘subsection (h)’’;
H. R. 5009—184
(2) in subsection (f)(1), by inserting ‘‘, and information
regarding the qualifications of each such expert who provided
an expert medical opinion’’ before the semicolon;
(3) by redesignating subsections (g) through (j) as sub-
sections (h) through (k), respectively; and
(4) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) EXPERT MEDICAL OPINIONS.—In using an expert medical
opinion to evaluate a claim under this section, the Secretary of
Defense shall use the opinion of—
‘‘(1) an individual who is board-certified in the medical
specialty with respect to that claim; or
‘‘(2) if the claim involves medical, dental, or related health
care functions for which board certification does not apply,
an individual who is a highly qualified expert regarding the
relevant medical, dental, or related health care function.’’.
SEC. 732. ANNUAL REPORTS ON MEDICAL MALPRACTICE CLAIMS BY
MEMBERS OF THE UNIFORMED SERVICES.
Subsection (j) of section 2733a of title 10, United States Code,
as redesignated by section 731, is amended to read as follows:
‘‘(j) ANNUAL REPORTS.—Not less frequently than annually until
2028, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on claims processed under this section that includes, with
respect to the period covered by the report, the following:
‘‘(1) The number of claims processed under this section.
‘‘(2) The average timeline for resolving such claims.
‘‘(3) The resolution of each such claim.
‘‘(4) The number of claims that were denied based on the
claim not meeting one or more requirement specified in sub-
section (b) (other than for not being substantiated pursuant
to paragraph (6)), disaggregated by each such requirement.
‘‘(5) Any other information that the Secretary determines
may enhance the effectiveness of the claims process under
this section.’’.
SEC. 733. EXPANSION OF LICENSE RECIPROCITY FOR VETERINARIANS
OF DEPARTMENT OF DEFENSE.
Section 1060c of title 10, United States Code, is amended—
(1) in the section heading, by striking ‘‘in emergencies’’;
(2) in subsection (a), by striking ‘‘for the purposes described
in subsection (c)’’; and
(3) by striking subsection (c).
SEC. 734. MEDICAL COUNTERMEASURES FOR OVERSEAS PERSONNEL
OF THE DEPARTMENT OF DEFENSE FOR ACUTE RADI-
ATION SYNDROME AND THERMAL BURNS.
(a) PROGRAM REQUIRED.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
establish a program to develop requirements for the procurement,
pre-positioning, and maintenance of medical countermeasures
approved, cleared, licensed, or authorized by the Food and Drug
Administration to diagnose, prevent, and treat acute radiation syn-
drome and thermal burns for use by covered personnel.
(b) PROGRAM SPECIFICATIONS.—In carrying out the program
required by subsection (a), the Secretary of Defense shall consider,
H. R. 5009—185
in coordination with the Chairman of the Joint Chiefs of Staff
and the commanders of the combatant commands, the following:
(1) The number of covered personnel in areas in which
the use of tactical nuclear weapons is a substantial threat.
(2) Peer-reviewed and published scientific studies regarding
safety and efficacy of the potential countermeasures described
in subsection (a).
(3) Operational requirements of the Department.
(4) Appropriate doctrine, training, and operational plans
for effective use of such countermeasures.
(5) A feasible schedule for implementation of the program.
(c) COVERED PERSONNEL DEFINED.—In this section, the term
‘‘covered personnel’’ means—
(1) members of the Armed Forces deployed outside the
United States; and
(2) civilian employees of the Department of Defense
deployed outside the United States.
SEC. 735. ESTABLISHMENT OF INDO-PACIFIC MEDICAL READINESS
PROGRAM.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than January 1, 2026, the Sec-
retary of Defense shall establish a medical readiness program
(referred to in this section as the ‘‘Program’’) to partner with
countries in the Indo-Pacific region to gain access to foreign
medical facilities during peacetime and wartime operations and
maintain military-wide strategies for medical readiness in the
region.
(2) OBJECTIVE.—The objective of the Program shall be to
promote the medical readiness of the Armed Forces and the
military forces of partner countries for missions during peace-
time and wartime operations by—
(A) reducing the movement and distance associated
with patient care;
(B) increasing the medical capacity of the Department
of Defense by expanding patient access to medical facilities
across the Indo-Pacific region, where and when appropriate;
(C) enhancing medical evacuation capabilities needed
in carrying out subparagraphs (A) and (B);
(D) accrediting foreign medical facilities, which will
standardize medical procedures, patient care, and policies
related to treating members of the Armed Forces and their
dependents;
(E) enhancing interoperability and interchangeability
through shared patient record management, medical equip-
ment commonality, and coordination of medical care; and
(F) identifying any medical support and capability gaps
relating to medical personnel and equipment.
(3) ACTIVITIES.—In carrying out the Program, the Secretary
shall—
(A) assess and integrate current medical capabilities
and capacities of the Department of Defense in the Indo-
Pacific region into the Program;
(B) select an appropriate standard of accreditation to
evaluate and accredit foreign medical facilities;
(C) coordinate with partner countries to identify and
evaluate medical facilities for the Program;
H. R. 5009—186
(D) establish agreements with foreign medical facilities
for potential use of the Program;
(E) establish policies and procedures—
(i) to reduce patient movement times in various
countries in the Indo-Pacific region during peacetime
and wartime operations;
(ii) to standardize medical procedures, patient care,
and policies;
(iii) to securely share patient data with foreign
countries, when appropriate, such as during a contin-
gency;
(iv) with respect to medical equipment com-
monality and interchangeability; and
(v) with respect to the coordination of medical care;
and
(F) integrate the Program into operational plans of
the combatant commands.
(b) STRATEGY.—
(1) IN GENERAL.—Not later than September 30, 2025, the
Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a strategy
for the implementation of the Program.
(2) ELEMENTS.—The strategy under paragraph (1) shall
include the following:
(A)
A
governance
structure
for
the
Program,
including—
(i) the officials tasked to oversee the Program;
(ii) the functions and duties of such officials with
respect to establishing and maintaining the Program;
and
(iii) mechanisms for coordinating with partner
countries selected to participate in the Program.
(B) With respect to the selection of partner countries
initially selected to participate in the Program—
(i) an identification of each such country;
(ii) the rationale for selecting each such country;
and
(iii) any other information the Secretary considers
appropriate.
(C) A campaign of objectives for the first three fiscal
years after the date of the establishment of the Program,
including—
(i) a description of, and a rational for selecting,
such objectives;
(ii) an identification of milestones toward achieving
such objectives; and
(iii) metrics for evaluating success in achieving
such objectives.
(D) A description of opportunities and potential
timelines for future Program expansion, as appropriate.
(E) A list of additional authorities, appropriations, or
other congressional support necessary to ensure the success
of the Program.
(F) Any other information the Secretary considers
appropriate.
(3) FORM.—The strategy under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified annex.
H. R. 5009—187
(c) REPORT.—
(1) IN
GENERAL.—Not later than October 1, 2026, and
annually thereafter until October 1, 2035, the Secretary shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the Program.
(2) ELEMENTS.—Each report under paragraph (1) shall
include the following:
(A) A narrative summary of activities conducted as
part of the Program during the preceding fiscal year.
(B) A campaign of objectives for the three fiscal years
after the date of submission of the report, including—
(i) a description of, and a rational for selecting,
such objectives;
(ii) an identification of milestones toward achieving
such objectives; and
(iii) metrics for evaluating success in achieving
such objectives.
(C) Except in the case of the initial report, an assess-
ment of progress toward the objectives specified in subpara-
graph (C) that were included in the report for the preceding
fiscal year, as evaluated using the metrics described in
clause (iii) of such subparagraph.
(D) A description of opportunities and potential
timelines for future Program expansion, as appropriate.
(E) Any other information the Secretary considers
appropriate.
(3) FORM.—Each report required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 736. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED
FORCES AND SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
Section 741(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1467) is amended—
(1) in paragraph (1), by striking ‘‘January 31, 2021’’ and
inserting ‘‘January 31, 2031’’; and
(2) in paragraph (2)—
(A) by redesignating subparagraphs (F) through (J)
as subparagraphs (I) through (M), respectively; and
(B) by inserting after subparagraph (E) the following
new subparagraphs:
‘‘(F) The number of suicides identified under subpara-
graph (A) disaggregated by the military occupational spe-
cialty (or other similar classification, rating, or specialty
code) of the member, excluding such specialities that the
Secretary determines would not provide statistically valid
data.
‘‘(G) A compilation of suicide data by military occupa-
tional specialty covered under subparagraph (F) to deter-
mine which military career fields have a higher per capita
suicide rate compared to—
‘‘(i) other military career fields for the same time
period;
‘‘(ii) the overall suicide rate for each Armed Force
for the same time period;
H. R. 5009—188
‘‘(iii) the overall suicide rate for the Department
of Defense for the same time period; and
‘‘(iv) the national suicide rate for the same time
period.
‘‘(H) The number of suicides identified under subpara-
graph (A) disaggregated by the age of the member.’’.
SEC. 737. STUDY OF IMMUNE RESPONSE AND OTHER EFFECTS ON
MEMBERS OF THE ARMED FORCES REGARDING COVID–
19 VACCINES.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study of immune response to the COVID–19 vaccines, immune
response to COVID–19 infections, and other effects regarding
COVID–19.
(b) ASSESSMENTS.—The study under subsection (a) shall consist
of a review and analysis of existing valid scientific data to assess
the following:
(1) Immune responses to the most prevalent COVID–19
vaccines.
(2) The efficacy of each such vaccine, including in compari-
son to infection-acquired immunity.
(3) Adverse events occurring in individuals in response
to COVID–19 vaccines.
(c) ADDITIONAL
STUDY
AUTHORIZED.—After conducting the
study under subsection (a), the Secretary may conduct a research
study analyzing blood samples from research volunteers to collect
and analyze additional data pertaining to the matters specified
in paragraphs (1), (2), and (3) of subsection (b) if the Secretary
determines the following:
(1) The study fails to produce valid conclusions pertinent
to the medical readiness of the members of the Armed Forces.
(2) Such research study is likely to produce meaningful
additional data to improve the medical readiness of the mem-
bers of the Armed Forces.
(d) BRIEFING.—Not later than 180 days after conducting the
study under subsection (a), the Secretary shall provide to the
Committees on Armed Services of the Senate and House of Rep-
resentatives a briefing on such study and the conclusions of the
study.
SEC. 738. ANNUAL REPORT ON RECRUITMENT DELAYS RELATING TO
MEDICAL CONDITIONS.
(a) REPORTS.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years,
the Secretary of Defense shall submit to the congressional defense
committees a report on the efforts of the Secretary to address
recruitment delays associated with medical conditions of applicants
for service in the Army, Navy, Air Force, Marine Corps, and Space
Force.
(b) ELEMENTS.—Each report under subsection (a) shall include,
for the period covered by the report, the following:
(1) The average number of days between the date on which
Military Entrance Processing Stations personnel accept the
applicant prescreen and the date of the first recorded contact
for such applicant, disaggregated by military department.
(2) The average number of days for medical waiver proc-
essing, disaggregated by military department.
H. R. 5009—189
(3) The number of medical waivers processed by each mili-
tary department, including a breakdown of those that were
approved and denied and the associated disqualifications
requiring a medical waiver.
(4) An assessment of the efforts of the Secretary of Defense
and the Secretary of each military department to address the
recruitment delays specified in subsection (a).
(5) An assessment of the plans of the Secretary of Defense
and the Secretary of each military department to further
address those delays.
SEC. 739. PLAN TO IMPROVE ACCESS BY MEMBERS OF THE ARMED
FORCES TO SAFE, HIGH-QUALITY PHARMACEUTICALS.
(a) REQUIREMENT.—The Secretary of Defense, in coordination
with the Military Pharmaceutical and Medical Device Vulnerability
Working Group established under section 716 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31; 137 Stat. 304), shall develop a plan to improve access by
members of the Armed Forces to safe, high-quality pharmaceutical
products and eliminate or mitigate risks in the pharmacy supply
chain of the Department of Defense.
(b) ELEMENTS.—The plan under subsection (a) shall include
the following:
(1) Improvement of visibility and analytics of the country
of origin and sources of supply of finished drugs, active pharma-
ceutical ingredients, key starting material, and other ingredi-
ents of pharmaceutical products.
(2) Engagement with suppliers of pharmaceutical products
with unknown country of origin to determine the source of
active pharmaceutical ingredients and key starting material.
(3) Elimination or reduction of reliance on pharmacy supply
chain sources that are high risk or very-high risk.
(4) A plan for transition to available viable therapeutic
active pharmaceutical ingredients and key starting material
alternatives that are domestically sourced or compliant with
requirements under the Trade Agreements Act of 1979 (19
U.S.C. 2501 et seq.).
(5) Validation of sources of supplies and production capacity
from domestic pharmaceutical manufacturers or manufacturers
in compliance with requirements under the Trade Agreements
Act of 1979.
(6) Assessment of the feasibility and advisability of estab-
lishing a pharmaceutical manufacturing facility owned by the
Department of Defense, including requirements for construc-
tion, equipment acquisition, other resource needs, and projected
multi-year budget and time schedule requirements.
(7) Identification of any other legislative or administrative
authorities necessary to determine the feasibility and advis-
ability of establishing such a facility.
(8) Collaboration with Federal agencies determined appro-
priate by the Secretary of Defense on all elements of the plan.
(c) BRIEFING REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the plan under sub-
section (a), including an assessment of the feasibility and advis-
ability of implementing the plan.
H. R. 5009—190
SEC. 740. PILOT PROGRAM ON DELEGATION OF AUTHORITY TO
APPROVE RESERVE COMPONENT RECRUITS WITH CER-
TAIN MEDICAL CONDITIONS.
(a) PILOT PROGRAM.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall imple-
ment a pilot program to authorize each Secretary concerned (as
defined in section 101(a) of title 10, United States Code) to delegate
authority to the Commander of the United States Military Entrance
Processing Command to approve a service medical waiver for an
individual to be enlisted or appointed in a reserve component for
a medical condition the Secretary concerned identifies under sub-
section (c).
(b) MEDICAL CONSULTATION PROCESS.—If a Secretary concerned
delegates authority to the Commander under the pilot program,
the Secretary concerned shall establish a medical consultation
process for the Commander to seek input from the Secretary con-
cerned if a health care provider of the United States Military
Entrance Processing Command determines that more specific med-
ical guidance on fitness for duty is needed from the Secretary
concerned before approving a service medical waiver for a medical
condition described in subsection (c).
(c) MEDICAL CONDITIONS IDENTIFIED.—If a Secretary concerned
delegates authority to the Commander under the pilot program,
the Secretary concerned shall identify not more than three pre-
existing disqualifying conditions under Department of Defense
Instruction 6130.03 that regularly or automatically receive medical
waivers under the policies of the Secretary concerned as of the
date of the enactment of this Act.
(d) DURATION.—The Secretary of Defense shall carry out the
pilot program for a two-year period.
(e) BRIEFING; REPORT.—
(1) BRIEFING.—Not later than 90 days after the date on
which the Secretary of Defense commences carrying out the
pilot program, the Secretary shall provide to the Committees
on Armed Services of the Senate and the House of Representa-
tives a briefing describing the implementation of the pilot pro-
gram, including a list of the medical conditions identified under
subsection (c).
(2) REPORT.—Not later than 90 days after the date on
which the Secretary concludes the pilot program, the Secretary
shall submit to the congressional defense committees a report
on the results of the pilot program, including—
(A) the number of service medical waivers issued,
disaggregated by medical condition identified under sub-
section (c);
(B) a risk assessment of implementation of the pilot
program;
(C) a comparison of the average number of days to
review and adjudicate medical waivers before and during
the pilot program; and
(D) a recommendation on whether to make the
authority under the pilot program permanent.
H. R. 5009—191
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Modifications to guidelines and collection method for acquisition of cost
data.
Sec. 802. Limitation on certain options for cost contracts.
Sec. 803. Treatment of unilateral definitization of a contract as a final decision.
Sec. 804. Middle tier of acquisition for rapid prototyping and rapid fielding.
Sec. 805. Revision and codification of software acquisition pathways.
Sec. 806. Streamlining of Milestone A requirements.
Sec. 807. Streamlining of Milestone B requirements.
Sec. 808. Notice of contract cancellation or termination relating to remote or iso-
lated installations.
Sec. 809. Cost growth reports for major acquisition programs that are highly sen-
sitive classified programs.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Repeal of and modification to certain defense acquisition laws.
Sec. 812. Modification to limitation on acquisition of excess supplies.
Sec. 813. Modifications to Comptroller General assessment of acquisition programs.
Sec. 814. Modifications to commercial product and commercial service determina-
tions.
Sec. 815. Application of recent price history to cost or pricing data requirements.
Sec. 816. Modifications to authority to carry out certain prototype projects using
other transaction authority.
Sec. 817. Clarification of other transaction authority for follow on production.
Sec. 818. Clarification of other transaction authority for facility repair.
Sec. 819. Open interface standards for contracts of the Department of Defense.
Sec. 820. Updates to earned value management system requirements.
Sec. 821. Inclusion of Japan and the Republic of Korea in contested logistics dem-
onstration and prototyping program.
Sec. 822. Avoidance of use of lowest price technically acceptable source selection
criteria for procurement of munitions response services.
Sec. 823. Use of fixed-price type contracts for certain shipbuilding programs.
Sec. 824. Extension of temporary authority to modify certain contracts and options
based on the effects of inflation.
Subtitle C—Provisions Relating to Workforce Development
Sec. 831. Modification to the term of appointment of the President of the Defense
Acquisition University.
Sec. 832. Updated acquisition and sustainment training.
Sec. 833. Extension of demonstration project relating to certain acquisition per-
sonnel management policies and procedures.
Sec. 834. Performance incentives related to commercial product and commercial
service determinations.
Sec. 835. Modification to extramural acquisition innovation and research activities.
Sec. 836. Prohibition on the transfer of certain data on employees of the Depart-
ment of Defense to third parties.
Sec. 837. Modifications to contractor employee protections from reprisal for disclo-
sure of certain information.
Sec. 838. Detail authority for Defense Advanced Research Projects Agency to pro-
vide technology transition support.
Sec. 839. Employment transparency regarding individuals who perform work in,
for, or are subject to the laws or control of the People’s Republic of
China.
Sec. 840. Designation of program executive office for acquisition of open-source in-
telligence tools for Army.
Subtitle D—Provisions Relating to Supply Chains and Domestic Sourcing
Sec. 841. Enhancing requirements for information relating to supply chain risk.
Sec. 842. Domestic production of stainless steel flatware and dinnerware.
Sec. 843. Clarification of exception to Berry Amendment requirements for procure-
ment of vessels in foreign waters.
Sec. 844. Technical edits to sourcing requirements for strategic materials and sen-
sitive materials.
H. R. 5009—192
Sec. 845. Amendment to requirement to buy strategic materials critical to national
security from American sources.
Sec. 846. Modification to miscellaneous limitations on the procurement of goods
other than United States goods.
Sec. 847. Inclusion of recycled and reused minerals and metals in preference for
sourcing of strategic and critical materials.
Sec. 848. Domestic nonavailability determinations list.
Sec. 849. Supply chain illumination incentives.
Sec. 850. Report and updated guidance on continued risk management for pharma-
ceutical supply chains of Department of Defense.
Subtitle E—Prohibitions and Limitations on Procurement
Sec. 851. Prohibition on contracting with covered entities that contract with lobby-
ists for Chinese military companies.
Sec. 852. Notification of changes to certain transportation contracts.
Sec. 853. Prohibition on procurement of covered semiconductor products and serv-
ices from companies providing covered semiconductor products and serv-
ices to Huawei.
Sec. 854. Prohibition on contracts for online tutoring services.
Sec. 855. Limitation on availability of funds for covered contractors engaged in an
anti-Israel boycott.
Sec. 856. Procurement of cleaning products.
Sec. 857. Plan for production of covered munitions for procurement by the Depart-
ment of Defense.
Sec. 858. Procurement of covered hearing protection devices.
Subtitle F—Industrial Base Matters
Sec. 861. Codification and modification of pilot program to accelerate the procure-
ment and fielding of innovative technologies.
Sec. 862. Program for distribution support and services for contractors.
Sec. 863. Extension of the pilot program for streamlining awards for innovative
technology projects.
Sec. 864. Use of capability-based analysis of price of goods or services offered by
nontraditional defense contractors.
Sec. 865. Qualification of industrial capabilities.
Sec. 866. Solid rocket motor industrial base.
Sec. 867. Promulgate guidance relating to certain Department of Defense contracts.
Subtitle G—Small Business Matters
Sec. 871. Pilot program for the participation of military research and educational
institutions in the STTR program.
Sec. 872. Department of Defense pilot program for preliminary calculation esti-
mates for certain programs.
Sec. 873. Boots to Business Program.
Sec. 874. Establishment of pilot program for access to shared classified commercial
infrastructure.
Sec. 875. Accessibility and clarity in covered notices for small business concerns.
Sec. 876. Small Business Bill of Rights.
Subtitle H—Other Matters
Sec. 881. Clarification of waiver authority for organizational and consultant con-
flicts of interest.
Sec. 882. Reverse engineering or re-engineering for production of items.
Sec. 883. Procurement of Department of Defense batteries.
Sec. 884. Advisory panel on the requirements process of the Department of De-
fense.
Sec. 885. Proposal for payment of costs for certain Government Accountability Of-
fice bid protests.
Sec. 886. Briefings, certification, and limitation on availability of funds related to
fuel services financial management contracts.
Sec. 887. Implementation of Comptroller General recommendations relating to cer-
tain spare parts for F–35 aircraft.
Sec. 888. Tracking awards made through other transaction authority.
H. R. 5009—193
Subtitle A—Acquisition Policy and
Management
SEC. 801. MODIFICATIONS TO GUIDELINES AND COLLECTION METHOD
FOR ACQUISITION OF COST DATA.
Section 3227(b) of title 10, United States Code, is amended
by striking ‘‘$100,000,000’’ and inserting ‘‘an amount described in
section 3041(c)(1) of this title’’.
SEC. 802. LIMITATION ON CERTAIN OPTIONS FOR COST CONTRACTS.
(a) AMENDMENTS.—Section 3322 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(d) LIMITATION ON CERTAIN OPTIONS.—
‘‘(1) IN GENERAL.—Except as provided by paragraph (2),
a covered contract shall limit the number of low-rate production
lots for any production quantities procured using fixed-priced
options under such covered contract to not more than one.
‘‘(2) WAIVER.—
‘‘(A) IN
GENERAL.—The service acquisition executive
of the military department concerned or, in the case of
program that is a joint program, the Secretary of Defense
may waive the limit required under paragraph (1) with
respect to the number of low-rate production lots for a
production quantity under a covered contract if such service
acquisition executive or the Secretary of Defense, as
applicable, determines that such waiver is in the best
interest of the Department of Defense.
‘‘(B) DELEGATION LIMIT.—Neither a service acquisition
executive nor the Secretary of Defense may delegate the
authority under subparagraph (A) to waive the limit
required under paragraph (1) below the level of a service
acquisition executive.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘covered contract’ means a cost
reimbursement contract for the development of a major
system.
‘‘(B) The term ‘low-rate initial production’ has the same
meaning as in section 4231 of this title.
‘‘(C) The term ‘major system’ has the meaning given
such term in section 3041 of this title.’’.
(b) CONFORMING REGULATIONS.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the Federal
Acquisition Regulation to implement subsection (d) of section 3322
of title 10, United States Code, as added by subsection (a) of
this section.
SEC. 803. TREATMENT OF UNILATERAL DEFINITIZATION OF A CON-
TRACT AS A FINAL DECISION.
Section 3372(b) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) through (3) as subpara-
graphs (A) through (C), respectively, and moving such subpara-
graphs, as so redesignated, 2 ems to the right;
(2) by striking ‘‘OFFICER.—With respect to’’ and inserting
the following: ‘‘OFFICER.—
‘‘(1) IN GENERAL.—With respect to’’; and
H. R. 5009—194
(3) by adding at the end the following new paragraph:
‘‘(2) TREATMENT OF UNILATERAL DEFINITIZATION OF A CON-
TRACT
AS
A
FINAL
DECISION.—A unilateral definitization by
a contracting officer shall be considered a final decision under
chapter 71 of title 41, and a contractor may appeal this decision
to the Armed Services Board of Contract Appeals or the United
States Court of Federal Claims.’’.
SEC. 804. MIDDLE TIER OF ACQUISITION FOR RAPID PROTOTYPING
AND RAPID FIELDING.
(a) IN GENERAL.—Chapter 253 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 3602. Middle tier of acquisition for rapid prototyping and
rapid fielding
‘‘(a) GUIDANCE REQUIRED.—The Under Secretary of Defense
for Acquisition and Sustainment, in consultation with the Comp-
troller of the Department of Defense and the Vice Chairman of
the Joint Chiefs of Staff, shall establish pathways as described
under subsection (b) to establish a process for conducting middle
tier acquisitions for programs or projects that are intended to be
completed in a period of two to five years.
‘‘(b) ACQUISITION PATHWAYS.—The Under Secretary of Defense
for Acquisition and Sustainment shall establish the following two
acquisition pathways:
‘‘(1) RAPID PROTOTYPING.—The rapid prototyping pathway
shall provide for the use of innovative technologies to rapidly
develop fieldable prototypes to demonstrate new capabilities
and meet emerging military needs. The objective of an acquisi-
tion program or project under this pathway shall be to field
a prototype that can be demonstrated in an operational environ-
ment and provide for a residual operational capability within
five years of the development of an approved requirement.
‘‘(2) RAPID
FIELDING.—The rapid fielding pathway shall
provide for the use of proven technologies to field production
quantities of new or upgraded systems with minimal develop-
ment required. The objective of an acquisition program or
project under this pathway shall be to begin production within
six months and complete fielding within five years of the
development of an approved requirement.
‘‘(c) EXPEDITED PROCESS.—
‘‘(1) IN GENERAL.—Before using the authority under this
section, the Under Secretary shall develop a streamlined and
coordinated requirements, budget, and acquisition process that
results in the development of an approved requirement for
each acquisition program or project in a period of not more
than six months from the time that the process is initiated.
Programs or projects carried out under the authority of this
section shall not be subject to the Joint Capabilities Integration
and Development System Manual and Department of Defense
Directive 5000.01.
‘‘(2) RAPID PROTOTYPING.—With respect to the rapid proto-
typing pathway, the process described in paragraph (1) shall
include—
‘‘(A) a merit-based process for the consideration of
innovative technologies and new capabilities to meet needs
H. R. 5009—195
communicated by the Joint Chiefs of Staff and the combat-
ant commanders;
‘‘(B) a process for developing and implementing acquisi-
tion and funding strategies for a program or project to
be carried out under such pathway;
‘‘(C) a process for demonstrating and evaluating the
performance of fieldable prototypes developed pursuant to
such program or project in an operational environment;
‘‘(D) a process for transitioning successful prototypes
to new or existing acquisition programs for production and
fielding under the rapid fielding pathway or the major
capability acquisition pathway (as defined under Depart-
ment of Defense Instruction 5000.85 or successor instruc-
tion); and
‘‘(E) a process for iterating prototyping and fielding
within the rapid prototyping pathway that may use a
process described in paragraph (4)(F).
‘‘(3) RAPID FIELDING.—With respect to the rapid fielding
pathway, the process described in paragraph (1) shall include—
‘‘(A) a merit-based process for the consideration of
existing products and proven technologies to meet needs
communicated by the Joint Chiefs of Staff and the combat-
ant commanders;
‘‘(B) a process for demonstrating performance and
evaluating for current operational purposes the proposed
products and technologies;
‘‘(C) a process for developing and implementing acquisi-
tion and funding strategies for a program or project to
be carried out under such pathway;
‘‘(D) a process for considering lifecycle costs and
addressing issues of logistics support and system interoper-
ability; and
‘‘(E) a process for identifying and exploiting opportuni-
ties to use the rapid fielding pathway to reduce total owner-
ship costs.
‘‘(4) STREAMLINED PROCEDURES.—The process described in
paragraph (1) may provide for any of the following streamlined
procedures:
‘‘(A) The service acquisition executive of the military
department concerned may appoint a program manager
for a program or project for which the authority under
this section is used from among candidates from among
civilian employees or members of the armed forces who
have significant and relevant experience managing large
and complex programs.
‘‘(B) A program manager appointed under subpara-
graph (A) may be provided staff positions for a technical
staff, including experts in business management, cost esti-
mation, contracting, auditing, engineering, certification,
testing, and logistics, to enable the program manager to
manage the program without the technical assistance of
another element of the Department of Defense to the max-
imum extent practicable.
‘‘(C) A program manager appointed under subpara-
graph (A) may, in coordination with the users of the good
or service to be acquired under such a program or project
and the test community, to make trade-offs among life-
H. R. 5009—196
cycle costs, requirements, and schedules to meet the goals
of the program or project.
‘‘(D) Each service acquisition executive, acting in
coordination with the defense acquisition executive, may
serve as the decision authority for a program or project
for which the authority under this section is used, or shall
delegate such decision authority.
‘‘(E) A program manager appointed under subpara-
graph (A) may seek an expedited waiver from any regu-
latory requirement, or in the case of a statutory require-
ment, a waiver from Congress, that the program manager
determines adds cost, schedule, or performance delays with
little or no value to the management of such program
or project.
‘‘(F) If an operational capability is fielded for a program
or project for which the authority under this section is
used, the appropriate service acquisition executive may
permit continuous iterative prototyping and fielding under
the same program or project for an unlimited number of
subsequent periods, where each period is intended to be
five years.’’.
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 804 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 10 U.S.C. 3201 note prec.) is repealed.
(c) CONFORMING AMENDMENTS.—
(1) Section 3601 of title 10, United States Code, is
amended—
(A) in subsection (a)—
(i) in paragraph (1)(B), by striking ‘‘section 804
rapid acquisition pathway’’ and inserting ‘‘rapid
acquisition pathway’’;
(ii) by amending paragraph (2) to read as follows:
‘‘(2) RAPID ACQUISITION PATHWAY DEFINED.—In this section,
the term ‘rapid acquisition pathway’ means the rapid proto-
typing or the rapid fielding acquisition pathway authorized
under section 3602 of this title.’’;
(B) in subsection (b)(4), by striking ‘‘the guidance devel-
oped under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 10 U.S.C. 3201 note prec.)’’ and inserting ‘‘section 3602
of this title’’; and
(C) in subsection (c), by striking ‘‘section 804 rapid
acquisition pathway’’ each place it appears and inserting
‘‘rapid acquisition pathway’’.
(2) Section 4201(b)(1) of title 10, United States Code, is
amended by striking ‘‘section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 3201 note prec.)’’ and inserting ‘‘section 3602 of
this title’’.
(3) Section 4324(d)(5)(B) of title 10, United States Code,
is amended by striking ‘‘section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 2302 note)’’ and inserting ‘‘section 3602 of this title’’.
(4) Section 4423(e) of title 10, United States Code, is
amended by striking ‘‘section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 2302 note)’’ and inserting ‘‘section 3602 of this title’’.
H. R. 5009—197
(5) Section 810 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4067 note)
is amended by striking ‘‘section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 3201 note prec.)’’ and inserting ‘‘section 3602 of
title 10, United States Code’’.
(6) Section 1608 of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2271
note) is amended by striking ‘‘section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114–92; 10 U.S.C. 3201 note prec.)’’ and inserting ‘‘section 3602
of title 10, United States Code’’.
(7) Section 807(e)(4) of the National Defense Authorization
Act for Fiscal Year 2021 (Public Law 11–283; 10 U.S.C. 9081
note) is amended by striking ‘‘section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114–92; 10 U.S.C. 2302 note)’’ and inserting ‘‘section 3602 of
title 10, United States Code’’.
(8) Section 884(c)(2)(E) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C.
4291 note prec.) is amended by striking ‘‘section 804 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 10 U.S.C. 2302 note)’’ and inserting ‘‘section 3602
of title 10, United States Code’’.
SEC. 805. REVISION AND CODIFICATION OF SOFTWARE ACQUISITION
PATHWAYS.
(a) IN GENERAL.—Chapter 253 of title 10, United States Code,
as amended by section 804, is further amended by adding at the
end the following new section:
‘‘§ 3603. Software acquisition pathways
‘‘(a) SOFTWARE ACQUISITION AND DEVELOPMENT PATHWAYS.—
The Secretary of Defense shall establish pathways as described
under subsection (b) to provide for the efficient and effective acquisi-
tion, development, integration, and timely delivery of software and
covered hardware. Such a pathway shall include the following:
‘‘(b) PATHWAYS.—The Secretary of Defense may establish as
many pathways under this section as the Secretary determines
appropriate and shall establish the following pathways:
‘‘(1) APPLICATIONS.—The applications pathway shall pro-
vide for the use of rapid development and implementation
of applications and other software or software improvements
operated by the Department of Defense, which may include
applications and associated procurement of covered hardware
(including modifications of a type not customarily available
in the commercial marketplace to meet Department require-
ments), commercially available cloud computing platforms, and
other nondevelopmental items.
‘‘(2) EMBEDDED SYSTEMS.—The embedded systems pathway
shall provide for the rapid development and insertion of
upgrades and improvements for software and covered hardware
embedded in weapon systems and other hardware systems
unique to the Department of Defense.
‘‘(c) REQUIREMENTS
FOR PATHWAYS.—A pathway established
under this section shall provide for the use of proven technologies
H. R. 5009—198
and solutions to continuously engineer and deliver capabilities for
software and covered hardware.
‘‘(d) CONSIDERATIONS FOR USE OF AUTHORITY.—In using the
authority under this section, the Secretary shall consider how such
use will—
‘‘(1) initiate the engineering of new software capabilities
quickly and, if applicable, the integration of such capabilities
into covered hardware;
‘‘(2) demonstrate the viability and effectiveness of such
capabilities for operational use not later than one year after
the date on which funds are first obligated to acquire or develop
software; and
‘‘(3) allow for the continuous updating and delivery of new
capabilities not less frequently than annually to iteratively
meet a requirement.
‘‘(e) TREATMENT NOT AS MAJOR DEFENSE ACQUISITION PRO-
GRAM.—Software and covered hardware acquired or developed using
the authority under this section shall not be treated as a major
defense acquisition program for purposes of section 4201 of title
10, United States Code, or Department of Defense Directive 5000.01
without the specific designation of such software and covered hard-
ware by the Under Secretary of Defense for Acquisition and
Sustainment or a service acquisition executive.
‘‘(f) RISK-BASED APPROACH.—The Secretary of Defense shall
use a risk-based approach for the consideration of innovative tech-
nologies and new capabilities for software and covered hardware
to be acquired or developed under this authority to meet needs
communicated by the Joint Chiefs of Staff and the combatant com-
manders.
‘‘(g) EXPEDITED PROCESS.—
‘‘(1) IN GENERAL.—A pathway established under this section
shall provide for—
‘‘(A) a streamlined and coordinated requirements,
budget, and acquisition process to support rapid fielding
of software applications and of software upgrades to
embedded systems for operational use in a period of not
more than one year from the time that the process is
initiated;
‘‘(B) the collection of data on software and covered
hardware fielded; and
‘‘(C) continuous engagement with the users of software
and covered hardware to support—
‘‘(i) engineering activities of the Department of
Defense; and
‘‘(ii) delivery of software and covered hardware
for operational use in periods of not more than one
year.
‘‘(2) EXPEDITED SOFTWARE REQUIREMENTS PROCESS.—
‘‘(A) INAPPLICABILITY OF JOINT CAPABILITIES INTEGRA-
TION AND DEVELOPMENT SYSTEM MANUAL.—Software and
covered hardware acquisition or development conducted
under the authority of this section shall not be subject
to the Joint Capabilities Integration and Development
System Manual, except pursuant to a modified process
specifically provided for the acquisition or development of
software by the Vice Chairman of the Joint Chiefs of Staff,
in consultation with Under Secretary of Defense for
H. R. 5009—199
Acquisition and Sustainment and each service acquisition
executive.
‘‘(B) INAPPLICABILITY OF DEFENSE ACQUISITION SYSTEM
DIRECTIVE.—Software and covered hardware acquisition or
development conducted under the authority of this section
shall not be subject to Department of Defense Directive
5000.01, except when specifically provided for the acquisi-
tion or development of software by the Under Secretary
of Defense for Acquisition and Sustainment, in consultation
with the Vice Chairman of the Joint Chiefs of Staff and
each service acquisition executive.
‘‘(h) ELEMENTS.—In implementing a pathway established under
the authority of this section, the Secretary shall tailor requirements
relating to—
‘‘(1) iterative development of requirements for software and
covered hardware to be acquired or developed under the
authority of this section through engagement with the user
community and through user feedback, in order to continuously
define and update priorities for such requirements;
‘‘(2) early identification of the warfighter or user needs
including the rationale for how software and covered hardware
to be acquired or developed under the authority of this section
will be tailored to address such needs;
‘‘(3) initial contract requirements and format, including
the use of summary-level lists of problems in existing software
and desired features or capabilities of new or upgraded soft-
ware;
‘‘(4) continuous refinement and prioritization of contract
requirements, informed by continuous engagement with users
throughout the period of development and implementation of
software and covered hardware to be acquired or developed
under this section;
‘‘(5) continuous consideration of issues related to lifecycle
costs, technical data rights, and systems interoperability;
‘‘(6) planning for support of capabilities of software to be
acquired or developed under this section if the software devel-
oper stops supporting the software;
‘‘(7) rapid contracting procedures, including expedited time-
frames for making awards, selecting contract types, defining
teaming arrangements, and defining options;
‘‘(8) program execution processes, including supporting
development and test infrastructure, automation and tools, dig-
ital engineering, data collection and sharing with Department
of Defense stakeholders and with Congress, the role of develop-
mental and operational testing activities, key decision-making
and oversight events, and supporting processes and activities
(such as independent costing activity, operational demonstra-
tion, and performance metrics);
‘‘(9) assurances that cybersecurity metrics of the software
to be acquired or developed, such as metrics relating to the
density of vulnerabilities within the code of such software,
the time from vulnerability identification to patch availability,
the existence of common weaknesses within such code, and
other cybersecurity metrics based on widely-recognized stand-
ards and industry best practices, are generated and made avail-
able to the Department of Defense and the congressional
defense committees;
H. R. 5009—200
‘‘(10) administrative procedures, including procedures
relating to who may initiate and approve an acquisition under
this authority, the roles and responsibilities of persons imple-
menting or supporting the use of authority under this section,
team selection and staffing process, governance and oversight
roles and responsibilities, and appropriate independent tech-
nology assessments, testing, and cost estimation (including rel-
evant thresholds or designation criteria);
‘‘(11) mechanisms and waivers designed to ensure flexibility
in the implementation of a pathway under this section,
including the use of other transaction authority, broad agency
announcements, and other procedures; and
‘‘(12) mechanisms the Secretary will use for appropriate
reporting to Congress on the use of the authority under this
section, including notice of initiation of the use of a pathway
and data regarding individual programs or acquisition activi-
ties, how acquisition activities are reflected in budget justifica-
tion materials or requests to reprogram appropriated funds,
and compliance with other reporting requirements.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered hardware’ means hardware—
‘‘(A) that is a commercial product (as defined in section
103 of title 41) or a nondevelopmental item; and
‘‘(B) in which software acquired under this section
is embedded.
‘‘(2) The term ‘nondevelopmental item’ has the meaning
given in section 110 of title 41.’’.
(b) GUIDANCE REQUIRED.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
issue or modify guidance to implement the requirements of this
section.
(c) REPEAL OF SUPERSEDED AUTHORITY.—
(1)
REPEAL.—Section
800
of
the
National
Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
10 U.S.C. 4571 note) is repealed.
(2) CONFORMING
AMENDMENT.—Section 807(e)(1) of the
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 10 U.S.C. 9081 note) is amended by striking
‘‘section 800 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1478; 10 U.S.C.
2223a note)’’ and inserting ‘‘section 3603 of title 10, United
States Code’’.
SEC. 806. STREAMLINING OF MILESTONE A REQUIREMENTS.
(a) STREAMLINING.—
(1) IN GENERAL.—Section 4251 of title 10, United States
Code, is amended—
(A) in the section heading, by striking ‘‘DETERMINA-
TION REQUIRED’’ and inserting ‘‘FACTORS TO BE CONSID-
ERED’’;
(B) in subsection (a)(2)—
(i) by striking ‘‘the Secretary of the military depart-
ment concerned and the Chief of the armed forces
concerned concur in’’; and
(ii) by inserting ‘‘do not overly constrain future
trade space’’ after ‘‘with regard to the program’’;
(C) by amending subsection (b) to read as follows:
H. R. 5009—201
‘‘(b) FACTORS TO BE CONSIDERED FOR MILESTONE A APPROVAL.—
A major defense acquisition program or subprogram may not receive
Milestone A approval or otherwise be initiated prior to Milestone
B approval until the milestone decision authority confirms that
the following factors were considered in the decision to grant Mile-
stone A approval:
‘‘(1) The program or subprogram fulfills an approved
requirements document.
‘‘(2) The program or subprogram has conducted appropriate
market research.
‘‘(3) With respect to any identified areas of risk, there
is a plan to reduce the risk.
‘‘(4) Planning for sustainment has been addressed.
‘‘(5) An analysis of alternatives has been performed con-
sistent with study guidance developed by the Director of Cost
Assessment and Program Evaluation, or in lieu of an analysis
of alternatives, early experimentation with a combatant com-
mander has been conducted.
‘‘(6) A life cycle cost estimate for the program or subpro-
gram has been submitted by the component and that the level
of resources required to complete the technology maturation
and risk reduction phase of the program is sufficient for success-
ful program execution.
‘‘(7) The program or subprogram meets any other consider-
ations the milestone decision authority considers relevant.’’;
(D) by redesignating subsections (c) and (d) as sub-
sections (d) and (e), respectively;
(E) by inserting after subsection (b) the following new
subsection:
‘‘(c) WRITTEN RECORD OF A MILESTONE DECISION.—The mile-
stone decision authority shall issue a written record of a milestone
decision at the time that Milestone A approval is granted. The
record shall confirm compliance with subsection (b) and specifically
state that the milestone decision authority considered the factors
described in such subsection prior to the decision to grant milestone
approval. The milestone decision authority shall retain records of
the basis for the milestone decision.’’;
(F) in subsection (d), as redesignated by subparagraph
(D)—
(i) in paragraph (1)—
(I) in the paragraph heading, by striking
‘‘BRIEF SUMMARY REPORT’’ and inserting ‘‘NOTIFICA-
TION’’; and
(II) by striking ‘‘a brief summary report that
contains the following elements’’ and all that fol-
lows through the period at the end and inserting
‘‘a written record of the milestone decision.’’; and
(ii) by amending paragraph (2) to read as follows:
‘‘(2) ADDITIONAL INFORMATION.—At the request of any of
the congressional defense committees or, in the case of intel-
ligence or intelligence-related activities, the congressional intel-
ligence committees, the milestone decision authority shall
submit to the committee an explanation of the basis for the
decision to grant Milestone A approval with respect to a major
defense acquisition program or major subprogram, and make
available all underlying documentation.’’; and
(G) in subsection (e), as so redesignated—
H. R. 5009—202
(i) in paragraph (1), by striking ‘‘initial capabilities
document’’ and inserting ‘‘requirements document’’;
(ii) by striking paragraphs (4), (6), and (7);
(iii) by redesignating paragraph (5) as paragraph
(4); and
(iv) by redesignating paragraph (8) as paragraph
(5).
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 322 of title 10, United
States Code, is amended, in the item relating to section 4251,
by striking ‘‘determination required’’ and inserting ‘‘factors to
be considered’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 4272 of title 10, United States Code, is amended
by striking ‘‘risk assessments—’’ and all that follows through
‘‘(2) before any decision’’ and inserting ‘‘risk assessments before
any decision’’.
(2) Section 3221(b)(6)(A)(i) of title 10, United States Code,
is amended by striking ‘‘4251 or’’.
(3) Section 3222(a) of title 10, United States Code, is
amended—
(A) by striking ‘‘a milestone phase’’ and inserting ‘‘the
engineering and manufacturing development phase, or
production and deployment phase,’’; and
(B) by striking ‘‘authority that—’’ and all that follows
through ‘‘(2) for the for the engineering and manufacturing
development phase, or production and deployment phase,
includes a cost estimate’’ and inserting ‘‘authority that
includes a cost estimate’’.
SEC. 807. STREAMLINING OF MILESTONE B REQUIREMENTS.
Section 4252 of title 10, United States Code, is amended—
(1) in the section heading, by striking ‘‘CERTIFICATION
REQUIRED BEFORE’’ and inserting ‘‘FACTORS TO BE CONSID-
ERED BEFORE’’;
(2) by striking subsections (d), (e), and (f);
(3) by redesignating subsections (a), (b), (c), and (g) as
subsections (b), (d), (e), and (f), respectively;
(4) by inserting before subsection (b), as so redesignated,
the following new subsection:
‘‘(a) RESPONSIBILITIES.—Before granting Milestone B approval
for a major defense acquisition program or major subprogram, the
milestone decision authority for the program or subprogram shall
ensure that—
‘‘(1) information about the program or subprogram is suffi-
cient to warrant entry of the program or subprogram into
the engineering and manufacturing development phase;
‘‘(2) appropriate trade-offs among cost, schedule, technical
feasibility, and performance objectives have been made to
ensure that the program or subprogram is affordable when
considering the per-unit cost and the total life-cycle cost, and
the Secretary of the military department concerned and the
Chief of the armed force concerned concur with these trade-
offs; and
‘‘(3) there are sound plans for progression of the program
or subprogram to the production phase.’’;
H. R. 5009—203
(5) by amending subsection (b), as so redesignated, to read
as follows:
‘‘(b)
FACTORS
TO
BE
CONSIDERED
FOR
MILESTONE
B
APPROVAL.—A major defense acquisition program or major subpro-
gram may not receive Milestone B approval until the milestone
decision authority confirms the following factors were considered
in the decision to grant Milestone B approval:
‘‘(1) The program or subprogram has received a preliminary
design review and a formal post-preliminary design review
or an equivalent assessment was conducted.
‘‘(2) The technology in the program or subprogram has
been demonstrated in a relevant environment.
‘‘(3) The program or subprogram is affordable when consid-
ering the ability of the Department of Defense to accomplish
the program’s or subprogram’s general mission using alter-
native systems.
‘‘(4) Reasonable lifecycle cost and schedule estimates have
been developed to execute, with the concurrence of the Director
of Cost Assessment and Program Evaluation, the plan under
the program or subprogram.
‘‘(5) The estimated procurement unit cost for the program
or subprogram and the estimated date for initial operational
capability for the baseline description for the program or sub-
program (under section 4214 of this title) have been established.
‘‘(6) Funding is expected to be available to execute the
product development and production plan for the program or
subprogram, consistent with the estimates described in para-
graph (4) for the program or subprogram.
‘‘(7) Appropriate market research has been conducted prior
to technology development, including market research of
commercial products, commercial services, and nondevelop-
mental items (as defined in section 110 of title 41).
‘‘(8) The Department of Defense has completed an analysis
of alternatives with respect to the program or subprogram,
or in lieu of an analysis of alternatives, early experimentation
with a combatant commander has been conducted.
‘‘(9) The Joint Requirements Oversight Council has accom-
plished its duties with respect to the program or subprogram
pursuant to section 181(b) of this title, including an analysis
of the operational requirements for the program or subprogram.
‘‘(10) Life-cycle sustainment planning has identified and
evaluated relevant sustainment cost elements, factors, risks,
and gaps that are likely to drive readiness of the system as
well as operating and supporting costs.
‘‘(11) An estimate has been made of the requirements for
core logistics capabilities and the associated sustaining work-
loads required to support such requirements.
‘‘(12) The program or subprogram complies with all relevant
policies, regulations, and directives of the Department of
Defense.
‘‘(13) Appropriate actions are planned for the acquisition
of technical data required to support the program or subpro-
gram.
‘‘(14) The program or subprogram has an approved life
cycle sustainment plan required under section 4324(b) of this
title.
H. R. 5009—204
‘‘(15) In the case of a naval vessel program or subprogram,
such program or subprogram is in compliance with the require-
ments of section 8669b of this title.’’;
(6) by inserting after subsection (b), as so redesignated,
the following new subsection:
‘‘(c) WRITTEN RECORD OF MILESTONE DECISION.—The milestone
decision authority shall issue a written record of decision at the
time that Milestone B approval is granted. The record shall confirm
compliance with subsection (b) and specifically state that the mile-
stone decision authority considered the factors described in sub-
section (b) prior to the decision to grant milestone approval. The
milestone decision authority shall retain records of the basis for
the milestone decision.’’;
(7) in subsection (d), as so redesignated—
(A) in the subsection heading, by striking ‘‘CERTIFI-
CATIONS
OR DETERMINATION’’ and inserting ‘‘BASIS
FOR
MILESTONE APPROVAL’’;
(B) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘certifications or a determination under sub-
section (a)’’ and inserting ‘‘a written record of the mile-
stone decision under subsection (c)’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘certifications or determination
of the milestone decision authority’’ and inserting
‘‘decision of the milestone decision authority’’; and
(II) by striking ‘‘certifications or determination
specified in paragraph (1), (2), or (3) of subsection
(a)’’ and inserting ‘‘decision specified in subsection
(b)’’; and
(iii) in subparagraph (B), by striking ‘‘certifications
or determination’’ and inserting ‘‘decision’’; and
(C) in paragraph (2)—
(i) by striking ‘‘withdraw the certifications or deter-
mination concerned or’’; and
(ii) by striking ‘‘certifications, determination, or
approval are’’ and inserting ‘‘approval is’’;
(8) by amending subsection (e), as so redesignated, to read
as follows:
‘‘(e) SUBMISSIONS TO CONGRESS ON MILESTONE B.—
‘‘(1) NOTIFICATION.—Not later than 15 days after granting
Milestone B approval for a major defense acquisition program
or major subprogram, the milestone decision authority for the
program or subprogram shall provide to the congressional
defense committees and, in the case of intelligence or intel-
ligence-related activities, the congressional intelligence commit-
tees a written record of the milestone decision.
‘‘(2) ADDITIONAL INFORMATION.—(A) At the request of any
of the congressional defense committees or, in the case of intel-
ligence or intelligence-related activities, the congressional intel-
ligence committees, the milestone decision authority shall
submit to the committee an explanation of the basis for the
decision to grant Milestone B approval with respect to a major
defense acquisition program or major subprogram, or further
information or underlying documentation.
H. R. 5009—205
‘‘(B) The explanation or additional information shall be
submitted in unclassified form, but may include a classified
annex.’’; and
(9) in subsection (f), as so redesignated—
(A) by striking paragraphs (4) and (5);
(B) by redesignating paragraph (6) as paragraph (4);
and
(C) by adding at the end the following new paragraph:
‘‘(5) The term ‘written record of milestone decision’, with
respect to a major defense acquisition program or a major
subprogram, means a document signed by the milestone deci-
sion authority that formalizes approved entry of the program
or subprogram into the next phase of the acquisition process.’’.
SEC. 808. NOTICE OF CONTRACT CANCELLATION OR TERMINATION
RELATING TO REMOTE OR ISOLATED INSTALLATIONS.
Chapter 365 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 4705. Notice of contract cancellation or termination
relating to remote or isolated installations
‘‘(a) IN GENERAL.—Except as provided by subsection (c), not
later than 30 days before the date on which the Secretary of
Defense or any other official of an element of the Department
of Defense cancels or terminates a contract, the Secretary shall
submit to Congress a notice of such cancellation or termination
if such cancellation or termination involves a reduction in employ-
ment of not fewer than—
‘‘(1) 50 remote or isolated installation contractor employees;
or
‘‘(2) 100 employees of contractors, including remote or iso-
lated installation contractor employees.
‘‘(b) REQUIREMENTS.—A notice described in subsection (a) shall
include an assessment of the effect of such cancellation or termi-
nation on members of the armed forces.
‘‘(c) WAIVER.—(1) The Secretary of Defense may waive the
requirements of subsection (a) with respect to the cancellation or
termination of a contract if the Secretary determines that such
waiver is in the interest of national security.
‘‘(2) If the Secretary waives the requirements of subsection
(a) with respect to the cancellation or termination of a contract,
the Secretary shall submit the notice required by such subsection
with respect to such cancellation or termination not later than
one week after such cancellation or termination.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘remote or isolated installation’ means a
military installation (as defined in section 2801 of this title)
that is a remote military installation, as determined by the
Secretary pursuant to the policy required by section 565 of
the National Defense Authorization Act for Fiscal Year 2022
(10 U.S.C. 1781b note).
‘‘(2) The term ‘remote or isolated installation contractor
employee’ means an individual who—
‘‘(A) is an employee of a contractor;
‘‘(B) as such an employee, provides goods or services
to a remote or isolated installation; and
H. R. 5009—206
‘‘(C) resides in the same geographic area as such remote
or isolated installation.’’.
SEC. 809. COST GROWTH REPORTS FOR MAJOR ACQUISITION PRO-
GRAMS THAT ARE HIGHLY SENSITIVE CLASSIFIED PRO-
GRAMS.
(a) GUIDANCE REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment, in consultation each Secretary
of a military department, shall establish guidance requiring that
each service acquisition executive (as defined in section 101 of
title 10, United States Code) submit to the congressional defense
committees a cost growth report for a covered program each time
the estimated unit cost for such covered program has increased
by a percentage equal to or greater than any of the significant
cost growth thresholds or critical cost growth thresholds under
section 4371 of title 10, United States Code.
(b) ELEMENTS OF REPORT.—A cost growth report required under
this section shall include, with respect to a covered program, the
following:
(1) The name of the covered program.
(2) The date of the preparation of the report.
(3) The program phase of the covered program.
(4) The unit cost estimates for the covered program in
constant base-year dollars and in current dollars.
(5) A statement of the reasons for cost increases that
resulted in the submission of a report under this section.
(6) A list of major program milestones, including the dates
for each program milestone according to the original baseline,
current baseline, and current estimate.
(7) Annualized funding for the program by appropriation
account from the date on which the program commenced to
the current estimated year of completion.
(8) Any actions taken or proposed to be taken to control
future cost growth of the covered program.
(9) Any changes made in the performance or milestones
of the covered program and the extent to which such changes
have contributed to the cost increase.
(c) CRITICAL BREACH.—With respect to a covered program for
which the cost growth meets the threshold for a critical cost growth
threshold (as defined in section 4371 of title 10, United States
Code), the applicable service acquisition executive shall—
(1) treat such covered program as if the unit cost of such
a covered program has increased by a percentage equal to
or greater than any of the critical cost growth thresholds for
the covered program; and
(2) follow applicable procedures in sections 4376 and 4377
of title 10, United States Code.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered program’’ means a Department of
Defense program—
(A) that is a highly sensitive classified program (as
determined by the Secretary of Defense);
(B) that would be a major defense acquisition program
under section 4201 of title 10, United States Code, except
for the exclusion from the applicability of that section of
such a highly sensitive classified program; and
H. R. 5009—207
(C) that has entered the engineering and manufac-
turing design phase, or equivalent phase.
(2) The term ‘‘unit cost’’ means, with respect to a covered
program, as applicable—
(A) the program acquisition unit cost (as defined in
section 4351 of title 10, United States Code); or
(B) the procurement unit cost (as defined in such sec-
tion).
Subtitle B—Amendments to General Con-
tracting Authorities, Procedures, and
Limitations
SEC. 811. REPEAL OF AND MODIFICATION TO CERTAIN DEFENSE
ACQUISITION LAWS.
(a) REPEALS.—
(1) The following provisions of law are hereby repealed:
(A) Section 805 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.
1542).
(B) Sections 886 and 892 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110–
181; 122 Stat. 266, 270).
(C) Section 127 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111–
383; 111 Stat. 4161).
(D) Sections 828 and 1056 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 129 Stat. 910, 984).
(E) Sections 235 and 1692 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2064, 2636).
(2) Section 844 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1515) is
amended—
(A) by striking subsections (a) and (b); and
(B) in subsection (c), by striking ‘‘(c) ANNUAL REPORT
ON CONTRACTING IN IRAQ AND AFGHANISTAN.—Section’’ and
inserting ‘‘Section’’.
(b) MODIFICATION TO CERTAIN CONTRACTS RELATING TO VES-
SELS, AIRCRAFT, AND COMBAT VEHICLES.—Section 3671(b)(5) of title
10, United States Code, is amended—
(1) by striking subparagraphs (B) and (C);
(2) in subparagraph (A), by striking the semicolon and
inserting a period; and
(3) in that matter preceding subparagraph (A), by striking
the following: ‘‘subsection if—(A) funds’’ and inserting ‘‘sub-
section if funds’’.
(c) MODIFICATION
TO LIMITATION
ON MILESTONE DECISION
AUTHORITIES.—Section 4204 of title 10, United States Code, is
amended by striking subsection (f).
SEC. 812. MODIFICATION TO LIMITATION ON ACQUISITION OF EXCESS
SUPPLIES.
Section 3070 of title 10, United States Code, is amended—
H. R. 5009—208
(1) in subsection (a), by inserting ‘‘, or in the case of
ship maintenance, overhaul, and repair, in excess of five years
of operating stocks’’ after ‘‘in excess of two years of operating
stocks’’; and
(2) in subsection (b)(2), by inserting ‘‘, to protect against
identified risk of supply chain disruptions,’’ before ‘‘or for other
reasons of national security’’.
SEC. 813. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT
OF ACQUISITION PROGRAMS.
(a) IN GENERAL.—Section 3072 of title 10, United States Code,
is amended—
(1) in the heading, by striking ‘‘efforts’’ and inserting
‘‘initiatives’’;
(2) by striking ‘‘efforts’’ each place it appears and inserting
‘‘initiatives’’;
(3) in subsection (a), by striking ‘‘2026’’ and inserting ‘‘2029’’
; and
(4) in subsection (b)—
(A) by striking paragraph (2) and redesignating para-
graph (3) as paragraph (2);
(B) in paragraph (2), as so redesignated, by striking
the period at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) other issues as determined appropriate by the Comp-
troller General.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
203 of title 10, United States Code, is amended by striking the
item relating to section 3072 and inserting the following:
‘‘3072. Comptroller General assessment of acquisition programs and initiatives.’’.
SEC. 814. MODIFICATIONS TO COMMERCIAL PRODUCT AND COMMER-
CIAL SERVICE DETERMINATIONS.
Section 3456(c) of title 10, United States Code, is amended
by striking paragraph (1) and inserting the following paragraph:
‘‘(1) DETERMINATIONS.—A contract or subcontract for a
product (including a product without a part number or a product
with a prior part number that has the same functionality
as the product had with the prior part number) or service
acquired using commercial acquisition procedures under part
12 of the Federal Acquisition Regulation shall serve as a prior
commercial product or commercial service determination with
respect to such product or service for purposes of this chapter,
including when subject to minor modifications, unless—
‘‘(A) the prior determination was not issued or approved
by a contracting officer of the Department of Defense; or
‘‘(B) the senior procurement executive of the military
department or the Department of Defense as designated
for purposes of section 1702(c) of title 41 determines in
writing that it is no longer appropriate to acquire the
product or service using commercial acquisition proce-
dures.’’.
SEC. 815. APPLICATION OF RECENT PRICE HISTORY TO COST OR
PRICING DATA REQUIREMENTS.
Section 3702(a)(3) of title 10, United States Code, is amended—
(1) by striking ‘‘An offeror’’ and inserting ‘‘(A) An offeror’’;
and
H. R. 5009—209
(2) by adding at the end the following new subparagraph:
‘‘(B)(i) An offeror for a subcontract (at any tier) of
a contract under this chapter that is required to submit
cost or pricing data under subparagraph (A) with respect
to such subcontract may submit prices paid for the covered
goods and services of such offeror for such subcontract
under this clause if—
‘‘(I) such offeror is a nontraditional defense con-
tractor (as defined in section 3014 of this title);
‘‘(II) the prices to be submitted are prices that
were paid for the same goods and services as such
covered goods and services; and
‘‘(III) the price of such subcontract is not expected
to exceed $5,000,000.
‘‘(ii) The submission of prices paid under clause (i)
by an offereor with respect to a subcontract shall be deemed
to be the submission of cost or pricing data by such offeror
with respect to such subcontract as required by subpara-
graph (A) if a contracting officer of the Department of
Defense determines that the prices submitted under such
clause are fair and reasonable based on supported cost
or pricing data within the last 12 months.
‘‘(iii) In this subparagraph, the term ‘covered goods
and services’ means, with respect to an offeror for a sub-
contract (at any tier), the goods and services such offeror
would provide under such subcontract.’’.
SEC. 816. MODIFICATIONS TO AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE
PROJECTS
USING
OTHER
TRANSACTION
AUTHORITY.
Section 4022(a) of title 10, United States Code, is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘senior procure-
ment executive for the agency as designated for the purpose
of section 1702(c) of title 41’’ and inserting ‘‘head of the
contracting activity’’; and
(B) in subparagraph (B)(i), by striking ‘‘Under Sec-
retary of Defense for Research and Engineering or the
Under
Secretary
of
Defense
for
Acquisition
and
Sustainment’’ and inserting ‘‘senior procurement executive
for the agency as designated for the purpose of section
1702(c) of title 41, or, for the Defense Advanced Research
Projects Agency, the Defense Innovation Unit, or the Mis-
sile Defense Agency, the director of the agency,’’; and
(2) by amending paragraph (3) to read as follows:
‘‘(3) The authority of the head of the contracting activity,
director of the Defense Advanced Research Projects Agency,
director of the Defense Innovation Unit, director of the Missile
Defense Agency, or the senior procurement executive, as
applicable, under paragraph (2) may not be delegated.’’.
SEC. 817. CLARIFICATION OF OTHER TRANSACTION AUTHORITY FOR
FOLLOW ON PRODUCTION.
Section 4022 of title 10, United States Code, is amended—
(1) in subsection (e), by adding at the end the following
new paragraph:
H. R. 5009—210
‘‘(6) The term ‘follow-on production contract or transaction’
means a contract or transaction to produce, sustain, or other-
wise implement the results of a successfully completed proto-
type project for continued or expanded use by the Department
of Defense.’’; and
(2) in subsection (f)—
(A) in paragraph (1), by adding at the end the following:
‘‘A follow-on production award may be provided for in a
transaction entered into under this section for a prototype
project, awarded with respect to such a transaction as
one or more separate awards, or a combination thereof.’’;
and
(B) in paragraph (2), by inserting ‘‘, one or more sepa-
rate awards of follow-on production contracts or trans-
actions with respect to a transaction described in such
paragraph, or a combination thereof,’’ after ‘‘paragraph (1)’’.
SEC. 818. CLARIFICATION OF OTHER TRANSACTION AUTHORITY FOR
FACILITY REPAIR.
(a) IN GENERAL.—Section 4022(i) of title 10, United States
Code, is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘except for projects
carried out for the purpose of repairing a facility,’’;
(B) by inserting ‘‘(A)’’ before ‘‘In carrying out’’;
(C) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(D) by adding at the end the following new subpara-
graph:
‘‘(B) The requirements of this paragraph shall not apply
to projects carried out for the purpose of repairing a facility.’’;
and
(2) in paragraph (4)(A), by striking ‘‘September 30, 2025’’
and inserting ‘‘September 30, 2030’’.
(b) APPLICABILITY.—This section and the amendments made
by this section shall apply with respect to a transaction for a
prototype project under section 4022(i) of title 10, United States
Code, entered into on or after the date of the enactment of this
section.
SEC. 819. OPEN INTERFACE STANDARDS FOR CONTRACTS OF THE
DEPARTMENT OF DEFENSE.
Section 4401 of title 10, United States Code, is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
‘‘(b) DISCLOSURE REQUIRED.—Not later than one year after
the date of the enactment of this subsection, the Secretary of
Defense
shall
make
publicly
available
any
standards
for
implementation of the modular open system approaches for con-
tracts, unless the service acquisition executive with respect to a
specific contract submits to the Secretary a request to not disclose
such standards and the Secretary approves such request.’’.
SEC. 820. UPDATES TO EARNED VALUE MANAGEMENT SYSTEM
REQUIREMENTS.
Section 827(a) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note prec. 4601)
is amended—
H. R. 5009—211
(1) by striking ‘‘date of the enactment of this Act’’ and
inserting ‘‘date of the enactment of the National Defense
Authorization Act for Fiscal Year 2025’’; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) increase the contract value threshold associated with
earned value management system requirements for cost con-
tracts or incentive contracts from $20,000,000 to $50,000,000;
and
‘‘(3) increase the contract value threshold associated
requiring a defense contractor to use an approved earned value
management system from $50,000,000 to $100,000,000.’’.
SEC. 821. INCLUSION OF JAPAN AND THE REPUBLIC OF KOREA IN
CONTESTED LOGISTICS DEMONSTRATION AND PROTO-
TYPING PROGRAM.
Section 842(h)(2) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31) is amended—
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (F), and (G), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
‘‘(C) Japan;’’; and
(3) by inserting after subparagraph (D), as redesignated
by paragraph (1), the following new subparagraph:
‘‘(E) the Republic of Korea;’’.
SEC. 822. AVOIDANCE OF USE OF LOWEST PRICE TECHNICALLY
ACCEPTABLE
SOURCE
SELECTION
CRITERIA
FOR
PROCUREMENT OF MUNITIONS RESPONSE SERVICES.
Section 880(c)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (41 U.S.C. 3701 note) is
amended by inserting ‘‘munitions response services,’’ after ‘‘tele-
communications devices and services,’’.
SEC. 823. USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN SHIP-
BUILDING PROGRAMS.
Section 818 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109–364) is amended by
adding at the end the following new subsection:
‘‘(g) CONDITIONS WITH RESPECT TO CERTAIN SHIPBUILDING CON-
TRACTS.—
‘‘(1) LIMITATION.—With respect to a fixed-price type con-
tract for the procurement of shipbuilding associated with a
major defense acquisition program, the number of ships to
be procured under such contract, including all options, may
not be more than two if the scope of the work of such contract
includes the detail design and the construction of items for
such a major defense acquisition program.
‘‘(2) WAIVER.—The Secretary concerned may waive the
limitation in paragraph (1) if such Secretary submits to the
congressional defense committees, not later than 30 days after
issuance of such waiver, a written notification of such waiver
that includes a certification that the basic and functional design
of any ship to be procured under a contract described in para-
graph (1) are complete.
‘‘(3) DEFINITIONS.—In this subsection:
H. R. 5009—212
‘‘(A) The term ‘basic and functional design’ has the
meaning given in section 8669c of title 10, United States
Code.
‘‘(B) The term ‘construction’ means steel cutting and
module fabrication, assembly, and outfitting, keel laying,
and module erection supporting the launch and eventual
delivery of a completed ship.
‘‘(C) The term ‘detail design’ means design using com-
puter-aided modeling to enable the generation of work
instructions for construction of the ship, where such work
instructions show detailed system information and support
construction, including guidance for subcontractors and
suppliers, installation drawings, schedules, material lists,
and lists of prefabricated materials and parts.’’.
SEC. 824. EXTENSION OF TEMPORARY AUTHORITY TO MODIFY CER-
TAIN CONTRACTS AND OPTIONS BASED ON THE EFFECTS
OF INFLATION.
Subsection (e) of the first section of Public Law 85–804 (50
U.S.C. 1431(e)) is amended by striking ‘‘December 31, 2024’’ and
inserting ‘‘December 31, 2025’’.
Subtitle C—Provisions Relating to
Workforce Development
SEC. 831. MODIFICATION TO THE TERM OF APPOINTMENT OF THE
PRESIDENT OF THE DEFENSE ACQUISITION UNIVERSITY.
Section 1746(e)(3) of title 10, United States Code, is amended
by striking the second sentence and inserting the following: ‘‘The
preceding sentence does not apply to the President of the Defense
Acquisition University serving on January 1, 2025, who shall serve
a maximum term of three years beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2025 without an option for extension of such term.’’.
SEC. 832. UPDATED ACQUISITION AND SUSTAINMENT TRAINING.
(a) IN GENERAL.—Subchapter IV of chapter 87 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 1749. Field training for acquisition and sustainment
‘‘(a) TRAINING PROGRAM.—Not later than 180 days after the
date of the enactment of this section, the Under Secretary for
Acquisition and Sustainment shall establish a training program
that supports cross-functional personnel and contractors of the
Department of Defense involved in any phase of the acquisition
and sustainment lifecycle in making important decisions with
respect to acquisition or sustainment, including requirements
validation, the development of an acquisition strategy, awarding
contracts, and ongoing management of performance and governance.
‘‘(b) ELEMENTS.—The training program established under sub-
section (a) shall—
‘‘(1) create deployable training teams to coach the cross-
functional personnel and contractors described in subsection
(a) and facilitate such personnel and contractors successfully
H. R. 5009—213
completing a phase of an acquisition or sustainment effort
with the same training team to the maximum extent possible;
‘‘(2) to the extent practicable, ensure that the same training
team under paragraph (1) provides the support described under
such paragraph with respect to a phase of an acquisition or
sustainment effort until such phase is completed or otherwise
ends;
‘‘(3) provide to the cross-functional personnel and contrac-
tors described in subsection (a) short, intermittent lessons on
innovative acquisition and fielding procedures, flexible con-
tracting frameworks, and business negotiation skills that are
timed to align the topics of the lessons to relevant activities
under a phase of an acquisition or sustainment effort;
‘‘(4) emphasizes—
‘‘(A) the acquisition of commercial products, commercial
services, and commercially available off-the-shelf items (as
such terms are defined in sections 103, 103a, and 104,
respectively, of title 41);
‘‘(B) technology procured ‘as-a-service’ or as a consump-
tion-based solution (as defined in section 834 of the William
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (10 U.S.C. 4571 note)); and
‘‘(C) using the middle tier acquisition pathways under
section 3602 of this title and the pathways under section
3603 of this title; and
‘‘(5) include a process for collecting feedback on the training
program and performance of the training teams to improve
the training program.
‘‘(c) TRAINING TEAM REQUIREMENTS.—Each training team cre-
ated under the training program—
‘‘(1) include at not less than one individual from the private
sector or academia with expertise in conducting commercial
transactions; and
‘‘(2) has excellent facilitation skills and can coach the cross-
functional personnel and contractors described in subsection
(a) on applying the best practices to the formulation of acquisi-
tion and sustainment programs and contracts;
‘‘(d) CERTIFICATION.—The Under Secretary of Defense for
Acquisition and Sustainment shall ensure that each member of
the acquisition workforce who participates in the training program
established under subsection (a) can meet up to 80 hours of a
continuous education requirement established under section 1723
of this title by participating in the training program.
‘‘(e) PILOT PROGRAM.—During fiscal year 2025, the Secretary
of each military department shall carry out not less than one
pilot program—
‘‘(1) under which the military department shall receive
support under the training program established under sub-
section (a) with respect to acquisition and sustainment efforts
of high importance or urgency to the military department;
and
‘‘(2) which the Under Secretary for Acquisition and
Sustainment shall use to develop the training material and
procedures for the training program.
‘‘(f) FUNDING REQUIREMENTS.—The Under Secretary for Acquisi-
tion and Sustainment is authorized to use funds available for the
H. R. 5009—214
Defense Acquisition University for civilian faculty members, con-
tracts, and associated travel and expenses to carry out the training
program established in (a) starting in fiscal year 2025, and for
fiscal years 2027 through fiscal year 2031—
‘‘(1) not less than 25 percent of civilian faculty members
authorized under section 1746 of this title shall be detailed
on a reimbursable basis to the training program established
in (a) for a minimum of half of their time; and
‘‘(2) not less than 25 percent of all contract or agreement
obligations in support of Defense Acquisition University shall
be reserved for the training program established in (a),
including the training of civilian faculty members to facilitate
programs under the training program.
‘‘(g) REPORT.—Not later than November 1, 2026, the Under
Secretary for Acquisition and Sustainment shall provide a report
to the Committees on Armed Services of the Senate and House
of Representatives on the training program required under sub-
section (a), including—
‘‘(1) the number and qualifications of civilian faculty mem-
bers detailed to the training program under subsection (f)(1),
including any training requirements they receive to facilitate
programs under the training program;
‘‘(2) an identification of contractor or university support
for the training program pursuant to subsection (f)(2);
‘‘(3) a budget for the training program that meets the
requirements of subsection (f);
‘‘(4) the status and success of the pilot program; and
‘‘(5) any additional information or recommendations with
respect to the training program that the Under Secretary of
Defense for Acquisition and Sustainment determines appro-
priate.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
87 of title 10, United States Code, is amended by inserting after
the item relating to section 1748 the following new item:
‘‘1749. Field training for acquisition and sustainment.’’.
SEC. 833. EXTENSION OF DEMONSTRATION PROJECT RELATING TO
CERTAIN ACQUISITION PERSONNEL MANAGEMENT POLI-
CIES AND PROCEDURES.
Section 1762(g) of title 10, United States Code, is amended
by striking ‘‘December 31, 2026’’ and inserting ‘‘December 31, 2031’’.
SEC. 834. PERFORMANCE INCENTIVES RELATED TO COMMERCIAL
PRODUCT AND COMMERCIAL SERVICE DETERMINATIONS.
Section 3453(b) of title 10, United States Code, is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the end;
(2) in paragraph (6), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding the following new paragraph:
‘‘(7) establish criteria in performance evaluations for appro-
priate personnel to reward risk-informed decisions that maxi-
mize the acquisition of commercial products, commercial serv-
ices, or nondevelopmental items other than commercial prod-
ucts.’’.
SEC. 835. MODIFICATION TO EXTRAMURAL ACQUISITION INNOVATION
AND RESEARCH ACTIVITIES.
Section 4142 of title 10, United States Code, is amended—
H. R. 5009—215
(1) by striking subsection (c);
(2) by redesignating subsections (d), (e), and (f) as sub-
sections (c), (d), and (e), respectively;
(3) in subsection (a), by striking ‘‘subsection (d)’’ and
inserting ‘‘subsection (c)’’; and
(4) in subsection (e), as so redesignated, by striking
‘‘Director’’ and inserting ‘‘Under Secretary of Defense for
Acquisition and Sustainment’’.
SEC. 836. PROHIBITION ON THE TRANSFER OF CERTAIN DATA ON
EMPLOYEES OF THE DEPARTMENT OF DEFENSE TO THIRD
PARTIES.
Section 4662 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘and that would be permissible pursu-
ant to statute or guidance from the Director of the Office
of Management and Budget.’’ and inserting a period; and
(B) by inserting at the end the following: ‘‘This provi-
sion does not apply in circumstances where the transfer
of such data would otherwise be authorized by law.’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) WAIVER.—The Secretary of Defense may waive the require-
ments of subsection (a) with respect to the sale, licensing, or other
transfer of covered individually identifiable Department employee
data if the Secretary determines that such waiver—
‘‘(1) appropriately considers the privacy risks to the
employee of the Department of Defense to which such data
relates; and
‘‘(2) is necessary in the interest of national security.’’;
(3) by redesignating subsection (c) as subsection (d);
(4) by amending paragraph (1) of subsection (d), as so
redesignated, to read as follows:
‘‘(1) The term ‘covered individually identifiable Department
employee data’ means individually identifiable Department
employee data obtained by a contractor or subcontractor
described in subsection (a).’’; and
(5) by inserting after subsection (b) the following new sub-
section:
‘‘(c) REPORT.—Not later than January 15, 2026, and annually
thereafter for four years, the Under Secretary of Defense for Acquisi-
tion and Sustainment, shall submit to the congressional defense
committees a report on the use of the waiver authority under
subsection (b) for the fiscal year preceding the date of submission
of the report. The report shall include, for each use of the waiver—
‘‘(1) the specific justification for providing the waiver;
‘‘(2) an identification of the contractor or subcontractor
that is the subject of the waiver request; and
‘‘(3) an identification of the purpose of the sale, licensing,
or transfer of covered individually identifiable Department
employee data that is the subject of the waiver request.’’.
SEC. 837. MODIFICATIONS TO CONTRACTOR EMPLOYEE PROTECTIONS
FROM REPRISAL FOR DISCLOSURE OF CERTAIN INFORMA-
TION.
Section 4701(c) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (2), (3), (4), (5), (6), and
(7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively;
H. R. 5009—216
(2) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) Not later than 30 days after receiving an Inspector General
report pursuant to subsection (b), the head of the agency concerned
shall notify the complainant and the Inspector General, in writing,
of either the actions ordered or the decision to deny relief. After
such notification, if the head of the agency concerned changes
the actions ordered or the decision to deny relief, the head of
the agency concerned shall notify the complainant and the Inspector
General, in writing, of the change not later than 30 days after
the change occurs.’’;
(3) in paragraph (3), as redesignated by paragraph (1)
of this section, by striking ‘‘paragraph (b)(2)(B)’’ and inserting
‘‘paragraph (2)(B) of such subsection’’; and
(4) in paragraph (4), as so redesignated, by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraph (3)’’.
SEC. 838. DETAIL AUTHORITY FOR DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY TO PROVIDE TECHNOLOGY TRANSI-
TION SUPPORT.
Section 806 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 10 U.S.C. 1701 note) is amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) DARPA DETAILEES AUTHORIZED.—
‘‘(1) AUTHORITY.—The Director of the Defense Advanced
Research Projects Agency, upon a request from the Principal
Technology Transition Advisor of a military department, may
detail personnel of the Agency to such military department
for a period not to exceed one year to provide technology transi-
tion support for technology of the Agency that is to be acquired
by such military department.
‘‘(2) EXTENSION.—The Under Secretary of Defense for
Research and Engineering may extend a detail under paragraph
(1) for a period of not more than 6 additional months.’’.
SEC. 839. EMPLOYMENT TRANSPARENCY REGARDING INDIVIDUALS
WHO PERFORM WORK IN, FOR, OR ARE SUBJECT TO THE
LAWS OR CONTROL OF THE PEOPLE’S REPUBLIC OF
CHINA.
Section 855 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 10 U.S.C. 4651 note prec.) is
amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘, for, or are subject
to the laws or control of’’ after ‘‘perform work in’’; and
(B) in paragraph (3)—
(i) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii) and moving such clauses, as
so redesignated, two ems to the right;
(ii) by striking ‘‘If a covered entity’’ and inserting
‘‘(A) IN GENERAL.—If a covered company’’;
(iii) by inserting ‘‘, for, or are subject to the laws
or control of’’ after ‘‘any individual who will perform
work in’’;
H. R. 5009—217
(iv) in clause (i), as so redesignated, by striking
‘‘perform work in the People’s Republic of China’’ and
inserting ‘‘perform such work’’; and
(v) in clause (ii), as so redesignated—
(I) by inserting ‘‘and each other location’’ after
‘‘China’’; and
(II) by striking ‘‘performed.’’ and inserting the
following: ‘‘performed; and
‘‘(iii) whether an agency or instrumentality of the
People’s Republic of China or any other covered entity
has requested access to data or otherwise acquired
data from the covered entity required to make a disclo-
sure under paragraph (1) or (2) pursuant to any law
or regulation of the People’s Republic of China.
‘‘(B) ADDITIONAL
DISCLOSURE
OF
INFORMATION
AND
ADDITIONAL MEASURES REGARDING CERTAIN ENTITIES.—
‘‘(i) IN GENERAL.—If a covered entity performing
a covered contract for services dealing with commercial
computer software or noncommercial computer soft-
ware and is required to make a disclosure under para-
graph (1) or (2), such covered entity shall—
‘‘(I) describe the process for disclosing a cyber-
security vulnerability, if such covered entity is also
required to disclose any cybersecurity vulnerability
to the Ministry of Industry and Information Tech-
nology or any other agency or instrumentality of
the People’s Republic of China; and
‘‘(II) provide any information related to how
a United States affiliate is notified of a vulner-
ability described in subclause (I).
‘‘(ii) ISSUANCE OF REGULATIONS.—Not later than
180 days after the date of the enactment of this
subparagraph, the Secretary shall revise the Defense
Federal
Acquisition
Regulation
Supplement
to
require—
‘‘(I) a covered entity to require that an indi-
vidual or entity performing work on a covered
contract in the People’s Republic of China on behalf
of the covered entity to notify the covered entity
within 48 hours of such individual or entity
reporting any software vulnerability related to
such covered contract to the Ministry of Industry
and Information Technology or any other agency
or instrumentality of the People’s Republic of
China; and
‘‘(II) the covered entity to retain and furnish
to
the
Department
of
Defense
information
regarding any cybersecurity vulnerability reported
to the Ministry of Industry and Information Tech-
nology or any other agency or instrumentality of
the People’s Republic of China with respect to
which the covered entity received a notice pursuant
to subclause (I).’’; and
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘with a value in
excess of $5,000,000, excluding’’ and inserting ‘‘for, or
H. R. 5009—218
including, any information and communications technology,
including’’; and
(B) in paragraph (2), by inserting ‘‘, for, or subject
to the laws or control of’’ after ‘‘a covered contract in’’.
SEC. 840. DESIGNATION OF PROGRAM EXECUTIVE OFFICE FOR
ACQUISITION OF OPEN-SOURCE INTELLIGENCE TOOLS
FOR ARMY.
(a) IN GENERAL.—The Secretary of the Army may designate
an existing program executive office within the Army to be respon-
sible for the acquisition of open-source intelligence tools for the
Army.
(b) RESPONSIBILITIES.—If the Secretary of the Army designates
an existing program office under subsection (a), that office shall
be responsible for the selection, procurement, and evaluation of
open-source intelligence tools for the Army.
(c) OPEN-SOURCE INTELLIGENCE TOOLS DEFINED.—In this sec-
tion, the term ‘‘open-source intelligence tools’’ has the meaning
given that term in section 430b(d) of title 10, United States Code.
Subtitle D—Provisions Relating to Supply
Chains and Domestic Sourcing
SEC. 841. ENHANCING REQUIREMENTS FOR INFORMATION RELATING
TO SUPPLY CHAIN RISK.
Section 3252 of title 10, United States Code, is amended—
(1) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) consulting with procurement or other relevant officials
of the covered agency;’’;
(B) in paragraph (2), by striking ‘‘with the concurrence
of the Under Secretary of Defense for Acquisition and
Sustainment,’’; and
(C) in paragraph (3)—
(i) by amending subparagraph (A) to read as fol-
lows:
‘‘(A) a summary of the risk assessment that serves
as the basis for the written determination required by
paragraph (2); and’’;
(ii) by striking subparagraphs (B) and (C); and
(iii) by redesignating subparagraph (D) as subpara-
graph (B);
(2) by striking subsection (c); and
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 842. DOMESTIC PRODUCTION OF STAINLESS STEEL FLATWARE
AND DINNERWARE.
(a) IN GENERAL.—Section 4862(b) of title 10, United States
Code, is amended by inserting after paragraph (2) the following
new paragraphs:
‘‘(3) Stainless steel flatware.
‘‘(4) Dinnerware.’’.
(b) EFFECTIVE DATE.—Paragraphs (3) and (4) of section 4862(b)
of title 10, United States Code, as added by subsection (a), shall
take effect on January 1, 2026.
H. R. 5009—219
(c) SUNSET.—Paragraphs (3) and (4) of section 4862(b) of title
10, United States Code, as added by subsection (a), are repealed
effective January 1, 2029.
SEC. 843. CLARIFICATION OF EXCEPTION TO BERRY AMENDMENT
REQUIREMENTS FOR PROCUREMENT OF VESSELS IN FOR-
EIGN WATERS.
Section 4862(d)(2) of title 10, United States Code, is amended
by inserting ‘‘, or for,’’ after ‘‘Procurements by’’.
SEC. 844. TECHNICAL EDITS TO SOURCING REQUIREMENTS FOR STRA-
TEGIC MATERIALS AND SENSITIVE MATERIALS.
(a) STRATEGIC MATERIALS.—Section 4863 of title 10, United
States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘at a reasonable
price’’ after ‘‘when needed’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) The authority in subsection (b)(1)—
‘‘(A) may be delegated to the head of contracting activity
for the relevant component for an exception for a single acquisi-
tion program;
‘‘(B) may be delegated to the senior acquisition executive
of a military department for an exception for multiple programs
within such military department; and
‘‘(C) may be delegated to the Undersecretary of Defense
for Acquisition and Sustainment for an exception for more
than one military department.’’;
(2) in subsection (c)(1)—
(A) by striking ‘‘in support of combat operations or’’;
and
(B) by inserting ‘‘or for use outside of the United
States’’ after ‘‘contingency operations’’; and
(3) in subsection (k)—
(A) in paragraph (1), by inserting ‘‘or the Secretary
of the military department concerned’’ after ‘‘Secretary of
Defense’’; and
(B) by amending subparagraph (2)(A) to read as fol-
lows:
‘‘(A) may be delegated—
‘‘(i) to the senior acquisition executive of the military
department concerned for a waiver for one or more acquisi-
tion programs within the such military department; and
‘‘(ii) to the Deputy Secretary of Defense or the Under
Secretary of Defense for Acquisition and Sustainment for
a waiver applicable to more than one military department;’’.
(b) SENSITIVE MATERIALS.—Section 4872 of title 10, United
States Code, is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ‘‘or (e)’’ after ‘‘subsection (c)’’;
(2) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘or the Secretary
of the military department concerned’’ after ‘‘Secretary of
Defense’’; and
(B) in paragraph (2), by inserting ‘‘in support of contin-
gency operations or’’ before ‘‘for use outside’’;
(3) by redesignating subsection (d) as subsection (f); and
H. R. 5009—220
(4) by inserting after subsection (c) the following new sub-
sections:
‘‘(d) DELEGATION.—The authorities in subsection (c)—
‘‘(1) may be delegated to the head of contracting activity
for the relevant component for an exception for a single acquisi-
tion program;
‘‘(2) may be delegated to the senior acquisition executive
of a military department for an exception for multiple programs
within such military department; and
‘‘(3) may be delegated to the Undersecretary of Defense
for Acquisition and Sustainment for an exception for more
than one military department.
‘‘(e) NATIONAL SECURITY WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (a), the Sec-
retary of Defense of the Secretary or the Secretary of the
military department concerned, may accept the delivery of an
end item containing covered material manufactured in a cov-
ered nation if the Secretary determines in writing that accept-
ance of such end item is necessary to the national security
interests of the United States.
‘‘(2) DELEGATION.—A written determination under para-
graph (1)—
‘‘(A) may be delegated—
‘‘(i) to the senior acquisition executive of the mili-
tary department concerned for a waiver for one or
more acquisition programs within such military depart-
ment; and
‘‘(ii) to the Deputy Secretary of Defense or the
Under Secretary of Defense for Acquisition and
Sustainment for a waiver applicable to more than one
military department;
‘‘(B) shall specify the quantity of end items to which
the waiver applies and the time period over which the
waiver applies; and
‘‘(C) shall be provided to the congressional defense
committees prior to making such a determination (except
that in the case of an urgent national security requirement,
such certification may be provided to the defense commit-
tees up to 7 days after it is made).’’.
SEC. 845. AMENDMENT TO REQUIREMENT TO BUY STRATEGIC MATE-
RIALS CRITICAL TO NATIONAL SECURITY FROM AMERICAN
SOURCES.
Section 4863 of title 10, United States Code, is amended—
(1) in subsection (d)(1)(B), by inserting ‘‘qualifying’’ before
‘‘foreign’’; and
(2) in subsection (m), by adding at the end the following
new paragraph:
‘‘(11) The term ‘qualifying foreign government’ means the
government of a country with which the United States has
in effect a reciprocal defense procurement agreement or memo-
randum of understanding entered into pursuant to section 4851
of this title.’’.
SEC. 846. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE
PROCUREMENT OF GOODS OTHER THAN UNITED STATES
GOODS.
Section 4864(k) of title 10, United States Code, is amended—
H. R. 5009—221
(1) by striking the second sentence;
(2) by inserting ‘‘(1)’’ before ‘‘Subsection (a)(3)’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) For purposes of this subsection, the term ‘auxiliary ship’—
‘‘(A) with respect to a contract entered into after December
20, 2019, does not include an icebreaker or a special mission
ship; and
‘‘(B) with respect to a contract entered into on or after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2025, includes an icebreaker or a special
mission ship, unless the Secretary of the Navy certifies to
Congress that the forecasted sales over a four-year period of
large medium-speed diesel engines manufactured in the
national technology and industrial base will not fall below
the minimum sustaining rate for plant operations of a dimin-
ishing manufacturing source.’’.
SEC. 847. INCLUSION OF RECYCLED AND REUSED MINERALS AND
METALS IN PREFERENCE FOR SOURCING OF STRATEGIC
AND CRITICAL MATERIALS.
Section 848(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3769; 10 U.S.C. 4811 note) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by inserting ‘‘, including proc-
essing of strategic and critical materials derived from
recycled or reused minerals or metals,’’ after ‘‘United
States’’; and
(B) in subparagraph (C), by inserting ‘‘, including such
materials derived from recycled or reused minerals or
metals,’’ after ‘‘materials’’; and
(2) in paragraph (2)—
(A) in subparagraph (C), by striking ‘‘; and’’ and
inserting a semicolon;
(B) by redesignating subparagraph (D) as subpara-
graph (E); and
(C) by inserting after subparagraph (C) the following
new subparagraph (D):
‘‘(D) the development of cost-effective sources of supply
of strategic and critical materials derived from recycled
or reused minerals or metals; and’’.
SEC. 848. DOMESTIC NONAVAILABILITY DETERMINATIONS LIST.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall develop and maintain a list
of all domestic nonavailability determinations.
(b) SUBMISSION TO CONGRESS.—Not later than 30 days after
the Under Secretary for Acquisition and Sustainment develops the
list required under subsection (a), and annually thereafter, the
Under Secretary for Acquisition and Sustainment shall submit to
Congress a list of all domestic nonavailability determinations made
during the one year period ending on the date on which the Under
Secretary for Acquisition and Sustainment submits such list.
(c) PLAN FOR INFORMING INDUSTRY.—Not later than 30 days
after the Under Secretary of Defense for Acquisition and
Sustainment develops the list required under subsection (a), the
H. R. 5009—222
Under Secretary for Acquisition and Sustainment shall develop
a plan for sharing such list with industry partners.
(d) DOMESTIC NONAVAILABILITY DETERMINATION DEFINED.—In
this section, the term ‘‘domestic nonavailability determination’’
means a determination made for purposes of providing an avail-
ability exception pursuant to section 4862(c) of title 10, United
States Code.
SEC. 849. SUPPLY CHAIN ILLUMINATION INCENTIVES.
(a) IN GENERAL.—Not later than April 1, 2026, the Secretary
of Defense shall develop and implement policies, procedures, and
tools to incentivize each contractor of the Department of Defense
to assess and monitor the entire supply chain of goods and services
provided to the Department by such contractor to identify potential
vulnerabilities and noncompliance risks with respect to such goods
and services.
(b) BRIEFING.—Not later than September 30, 2025, the Sec-
retary of Defense shall provide to the Committees on Armed Serv-
ices of the Senate and House of Representatives a briefing on
the development and implementation of the policies, procedures,
and tools under subsection (a), including information on obstacles
to developing and implementing such policies, if any, and additional
authorities or resources required to develop and implement such
policies.
SEC. 850. REPORT AND UPDATED GUIDANCE ON CONTINUED RISK
MANAGEMENT FOR PHARMACEUTICAL SUPPLY CHAINS OF
DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Not later than two years after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall—
(1) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on—
(A) existing information streams within the Federal
Government, if any, for excipients and key starting mate-
rials for final drug products that may be used to assess
the reliance by the Department of Defense on high-risk
foreign suppliers analyzed in the report required under
section 860(a) of the National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2734;
10 U.S.C. 3241 note prec.);
(B) active pharmaceutical ingredients, final drug prod-
ucts, and respective excipients and key starting materials
analyzed in such report that are manufactured in a high-
risk foreign country, as determined by the Secretary of
Defense;
(C) any limitations on the ability of the Secretary to—
(i) obtain or analyze the information identified
under subparagraphs (A) and (B);
(ii) monitor the temperature of active pharma-
ceutical ingredients, final drug products, and respective
excipients and key starting materials throughout the
supply chain of the Department; and
(iii) use data analytics to monitor vulnerabilities
in the pharmaceutical supply chain of the Department;
(D) how the Secretary plans to address the limitations
identified under subparagraph (C); and
H. R. 5009—223
(E) any recommendations of the Secretary to address
those limitations; and
(2) update risk management guidance developed by the
Under Secretary under section 860(a)(1) of the National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263;
10 U.S.C. 3241 note prec.) to include any relevant findings
identified in paragraph (1).
(b) FDA DETERMINATIONS.—For the purposes of this section,
the excipients and key starting materials for final drug products
shall be such excipients and key starting materials as determined
by the Food and Drug Administration or under regulations issued
by the Food and Drug Administration.
Subtitle E—Prohibitions and Limitations
on Procurement
SEC. 851. PROHIBITION ON CONTRACTING WITH COVERED ENTITIES
THAT CONTRACT WITH LOBBYISTS FOR CHINESE MILI-
TARY COMPANIES.
(a) IN GENERAL.—Chapter 363 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 4663. Prohibition on contracting with covered entities that
contract with lobbyists for Chinese military compa-
nies
‘‘(a) PROHIBITION ON ENTERING INTO CONTRACTS WITH COVERED
ENTITIES.—Except as provided in subsection (c), the Secretary of
Defense may not enter into a contract with an entity, a parent
company of such entity, or a subsidiary of such entity is a party
to a contract with a covered lobbyist.
‘‘(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply with respect to an entity that made reasonable inquires
regarding the lobbying activities of another entity and determined
such entity was not a covered lobbyist.
‘‘(c) WAIVER.—Upon notification to Congress, the Secretary of
Defense may waive the requirements of this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered lobbyist’ means an entity that
engages in lobbying activities for any entity determined to
be a Chinese military company listed in accordance with section
1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
‘‘(2) The term ‘lobbying activities’ has the meaning given
in section 1045(c) of the National Defense Authorization Act
for Fiscal Year 2018 (10 U.S.C. 971 note prec.).’’.
(b) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on June 30, 2026.
SEC. 852. NOTIFICATION OF CHANGES TO CERTAIN TRANSPORTATION
CONTRACTS.
(a) IN GENERAL.—The Secretary of Defense shall provide a
written notification and briefing to the congressional defense
committees not later than 90 days before the date on which the
Secretary will implement any rule, regulation, or policy change
which would—
H. R. 5009—224
(1) waive, exempt, or reduce any requirement, including
any security clearance requirements, regarding transportation
protective services for any transportation service provider; or
(2) allow the award of a contract or order to a transpor-
tation service provider for any shipment that requires any
transportation protective service if such transportation service
provider is not authorized by the Department of Defense to
transport cargo regarding such a transportation protective
service.
(b) TRANSPORTATION PROTECTIVE SERVICE; TRANSPORTATION
SERVICE PROVIDER DEFINED.—In this section, the terms ‘‘transpor-
tation protective service’’ and ‘‘transportation service provider’’ have
the meanings given such terms, respectively, in the publication
of the Military Surface Deployment and Distribution Command
of the Department of Defense issued September 12, 2022, and
titled
‘‘MILITARY
FREIGHT
TRAFFIC
UNIFIED
RULES
PUBLICATION-1 (MFTURP-1)’’, or any successor thereto.
SEC. 853. PROHIBITION ON PROCUREMENT OF COVERED SEMICON-
DUCTOR PRODUCTS AND SERVICES FROM COMPANIES
PROVIDING COVERED SEMICONDUCTOR PRODUCTS AND
SERVICES TO HUAWEI.
(a) PROHIBITION.—Beginning on the date that is 270 days after
the enactment of this Act, the Secretary of Defense shall not enter
into or renew a contract for the procurement of any covered semicon-
ductor products and services for the Department of Defense with
any entity that knowingly provides covered semiconductor products
and services to Huawei.
(b) CERTIFICATION PROCESS.—The Secretary of Defense shall,
not later than the date on which the prohibition in subsection
(a) takes effect, develop and implement a process requiring each
entity seeking to provide covered semiconductor products and serv-
ices to the Department of Defense to certify to the Department
that such entity is not an entity covered by such prohibition.
(c) WAIVER.—The Secretary of Defense may waive the prohibi-
tion under subsection (a) on a case-by-case basis as may be nec-
essary in the interest of national security, if the Secretary deter-
mines that the covered semiconductor products and services to
be acquired are—
(1) only available from an entity otherwise covered by
such prohibition; and
(2) are required for national security systems or priority
missions of the Department of Defense.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered semiconductor products and services’’
means—
(A) semiconductors;
(B) equipment for manufacturing semiconductors; and
(C) tools for designing semiconductors.
(2) The term ‘‘Huawei’’ means—
(A) Huawei Technologies Company;
(B) any entity that is a subsidiary, owner, beneficial
owner, affiliate, or successor of Huawei Technologies Com-
pany; and
(C) any entity that is directly or indirectly controlled
by Huawei Technologies Company.
H. R. 5009—225
SEC. 854. PROHIBITION ON CONTRACTS FOR ONLINE TUTORING SERV-
ICES.
The Secretary of Defense may not enter into a contract for
online tutoring services which could result in personal data of
citizens of the United States being transferred to the control of
the People’s Republic of China.
SEC. 855. LIMITATION ON AVAILABILITY OF FUNDS FOR COVERED CON-
TRACTORS ENGAGED IN AN ANTI-ISRAEL BOYCOTT.
(a) LIMITATION.—None of the funds authorized to be appro-
priated or otherwise made available for fiscal year 2025 for the
Department of Defense may be obligated or expended to knowingly
enter into a contract for goods or services for the Defense Com-
missary Agency on or after the date of the enactment of this
Act with a covered contractor that has engaged in, or engages
in, a boycott of the State of Israel.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘boycott of the State of Israel’’ means engaging
in a boycott action targeting—
(A) the State of Israel;
(B) companies or individuals doing business in, or with,
the State of Israel; or
(C) companies authorized by, licensed by, or organized,
under the laws of the State of Israel, to do business.
(2) The term ‘‘company’’ means an entity on the Department
of Commerce Antiboycott Compliance Requester List main-
tained under section 1773 of the Anti-Boycott Act of 2018
(part II of title XVII of Public Law 115–232; 50 U.S.C. 4842).
(3) The term ‘‘covered contractor’’ means a contractor that
has provided or agreed to provide goods or services to the
Defense Commissary Agency in a total amount greater than
or equal to $10,000,000 during the period beginning on October
1, 2023, and ending on September 30, 2025.
SEC. 856. PROCUREMENT OF CLEANING PRODUCTS.
The Secretary of Defense shall procure, to the maximum extent
practicable, only those cleaning products that are identified—
(1) under the Safer Choice program; or
(2) by an independent third-party organization that pro-
vides certifications in a manner consistent with the Safer Choice
program.
SEC. 857. PLAN FOR PRODUCTION OF COVERED MUNITIONS FOR
PROCUREMENT BY THE DEPARTMENT OF DEFENSE.
(a) PLAN.—Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall develop a plan
for the production by private entities of covered munitions for
procurement by the Department of Defense.
(b) ELEMENTS.—The plan required under subsection (a) shall
include a detailed description of challenges related to the procure-
ment of covered munitions, and proposed actions to remediate such
challenges, in the following areas:
(1) Regulations for net explosive weight or other environ-
mental and safety considerations for covered munitions.
(2) Intellectual property rights law and regulations
applicable to the procurement of covered munitions.
H. R. 5009—226
(3) Methods to reimburse intellectual property holders and
private entities for potential expenses incurred in the produc-
tion of covered munitions.
(4) Manufacturing and testing equipment lead times.
(5) Considerations relating to technical data, personnel
transparency, and the ability of individuals to move between
positions in the Federal Government and positions at entities
that produce covered munitions.
(6) Workforce training.
(7) Any other challenges the Secretary determines nec-
essary.
(c) SELECTION OF COVERED MUNITIONS.—Not later than June
1, 2025, the Secretary of Defense shall designate a minimum of
two and a maximum of four covered munitions from at least two
military departments for inclusion in the plan required under sub-
section (a).
(d) USE OF INNOVATIVE INTELLECTUAL PROPERTY STRATEGIES.—
The Secretary of Defense may consider the use of innovative
intellectual property strategies pursuant to section 808 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118–31; 10 U.S.C. 3791 note) in developing the plan required
under subsection (a).
(e) BRIEFING REQUIREMENT.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
brief the congressional defense committees on the status and
progress of the development of the plan.
(f) COVERED MUNITIONS DEFINED.—In this section, the term
‘‘covered munitions’’ means licensed munitions, test platforms for
munitions, or weapon systems, including—
(1) munitions, test platforms, or weapon systems that
could—
(A) replace stocks of munitions, test platforms, or
weapon systems, as applicable, to meet the Out-Year
Unconstrained Total Munitions Requirement (as defined
in section 222c of title 10, United States Code); or
(B) deliver similar effects as munitions, test platforms,
or weapon systems in use by the Department of Defense
on the date of the enactment of this Act; and
(2) munitions, test platforms, or weapon systems—
(A) selected for inclusion in the plan required under
subsection (a); and
(B) for which an intellectual property holder or owner
of such munitions, test platforms, or weapon systems agrees
to such inclusion.
SEC. 858. PROCUREMENT OF COVERED HEARING PROTECTION
DEVICES.
(a) IN GENERAL.—The Secretary of Defense, in coordination
with the head of the Hearing Center of Excellence, may enter
into one or more contracts to procure covered hearing protection
devices for members of the Armed Forces.
(b) PRIORITIZATION.—The Secretary shall prioritize the award
of such a contract to a domestic offeror.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered hearing protection device’’ means
an active hearing protection device—
H. R. 5009—227
(A) that is a commercially available off-the-shelf item
(as defined in section 104 of title 41, United States Code);
and
(C) that has been identified, tested, and qualified by
the Hearing Center of Excellence.
(2) The term ‘‘Hearing Center of Excellence’’ means the
center of excellence for hearing loss and auditory system injury
established pursuant to section 721 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110–417).
Subtitle F—Industrial Base Matters
SEC. 861. CODIFICATION AND MODIFICATION OF PILOT PROGRAM TO
ACCELERATE THE PROCUREMENT AND FIELDING OF
INNOVATIVE TECHNOLOGIES.
(a) IN GENERAL.—Chapter 253 of title 10, United States Code,
as amended by this title, is further amended by adding at the
end the following new section:
‘‘§ 3604. Program to accelerate the procurement and fielding
of innovative technologies
‘‘(a) PROGRAM.—Subject to availability of appropriations, the
Secretary of Defense shall establish a competitive, merit-based pro-
gram to accelerate the procurement and fielding of innovative tech-
nologies by, with respect to such technologies—
‘‘(1) reducing acquisition or life-cycle costs;
‘‘(2) addressing technical risks;
‘‘(3) improving the timeliness and thoroughness of test and
evaluation outcomes; and
‘‘(4) rapidly implementing such technologies to directly sup-
port defense missions.
‘‘(b) GUIDELINES.—
‘‘(1) IN GENERAL.—The Secretary shall issue guidelines for
the operation of the program established under this section.
‘‘(2) CONTENTS.—At a minimum, the guidelines for the
operation of the program established under this section required
under paragraph (1) shall provide for the following:
‘‘(A) The issuance of one or more solicitations for pro-
posals by the Department of Defense in support of the
program, with a priority established for technologies devel-
oped by small business concerns (as defined under section
3 of the Small Business Act (15 U.S.C. 632)) or nontradi-
tional defense contractors (as defined under section 3014
of this title).
‘‘(B) The issuance of not more than two solicitations
for proposals by the Department of Defense in support
of the program each fiscal year for innovative technologies
from entities that, during the one-year period preceding
the issuance of the solicitation, have not performed on
contracts and subcontracts for the Department under which
the aggregate obligations of the Department to such entity
for such period exceeds $400,000,000.
‘‘(C) A process for—
‘‘(i) the review of proposals received in response
to a solicitation issued under subparagraph (A) by
H. R. 5009—228
the Secretary of Defense and by each Secretary of
a military department;
‘‘(ii) the merit-based selection of the most prom-
ising cost-effective proposals; and
‘‘(iii) the procurement of goods or services offered
by such a proposal through contracts, cooperative
agreements, other transaction authority, or by another
appropriate process.
‘‘(c) MAXIMUM AMOUNT.—The total amount of funding provided
for any proposal selected for an award under the program estab-
lished under this section shall not exceed $50,000,000, unless the
Secretary (or designee of the Secretary) approves a greater amount
of funding.
‘‘(d) DATA COLLECTION.—
‘‘(1) PLAN REQUIRED BEFORE IMPLEMENTATION.—The Sec-
retary of Defense may not provide funding under this section
until the date on which the Secretary—
‘‘(A) completes a plan for carrying out the data collec-
tion required under paragraph (2); and
‘‘(B) submits the plan to the congressional defense
committees.
‘‘(2) DATA
COLLECTION
REQUIRED.—The Secretary of
Defense shall collect and analyze data on the program estab-
lished under this section for the purposes of—
‘‘(A) developing and sharing best practices for achieving
the objectives of the program;
‘‘(B) providing information on the implementation of
the program and related policy issues; and
‘‘(C) reporting to the congressional defense committees
as required under subsection (e).
‘‘(e) BIANNUAL REPORT.—Not later than March 1 and September
1 of each year beginning after the date of the enactment of this
section, the Secretary of Defense shall submit to the congressional
defense committees a report on the program established under
this section.
‘‘(f) CONGRESSIONAL NOTIFICATION.—The Secretary of Defense
shall notify the congressional defense committees within 30 days
after funding has been provided for a proposal selected for an
award under the program established under this section.’’.
(b) REPEAL OF SUPERCEDED AUTHORITY.—Section 834 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 10 U.S.C. 4061 note) is repealed.
SEC. 862. PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR
CONTRACTORS.
Section 883 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328; 10 U.S.C. 4292 note prec.) is
amended—
(1) in the section heading, by striking ‘‘PILOT PROGRAM
FOR DISTRIBUTION SUPPORT AND SERVICES FOR WEAPON SYS-
TEMS CONTRACTORS’’ and inserting ‘‘PROGRAM FOR DISTRIBU-
TION SUPPORT AND SERVICES FOR CONTRACTORS’’;
(2) in subsection (a)—
(A) by striking ‘‘eight-year pilot’’; and
(B) by striking ‘‘for the production, modification,
maintenance, or repair of a weapon system that is’’;
(3) by amending subsection (b) to read as follows:
H. R. 5009—229
‘‘(b) SUPPORT CONTRACTS.—Any storage and distribution serv-
ices to be provided under the program under this section to a
contractor in support of the performance of a contract described
in subsection (a) shall be provided under a separate contract that
is entered into by the Director of the Defense Logistics Agency
with that contractor. The requirements of section 2208(h) of title
10, United States Code, and the regulations prescribed pursuant
to such section shall apply to any such separate support contract
between the Director of the Defense Logistics Agency and the con-
tractor.’’;
(4) in subsection (c), by striking ‘‘contract described in
subsection (a) are storage and distribution’’ and inserting ‘‘con-
tract entered into by the Department include storage and dis-
tribution’’;
(5) in subsection (d)—
(A) by striking the term ‘‘pilot’’ each place it appears;
(B) in paragraph (1)—
(i) by striking ‘‘A requirement for the solicitation
of offers for a contract described in subsection (a),
for which storage and distribution services are to be
made available’’ and inserting ‘‘A requirement to notify
a contractor or potential contractor for which storage
and distribution services are to be made available’’;
(ii) in subparagraph (A), by striking ‘‘to any con-
tractor awarded the contract, but only’’; and
(iii) in subparagraph (B), by striking ‘‘that are
to be made available’’ and inserting ‘‘that are avail-
able’’; and
(C) in paragraph (6), by striking ‘‘include a clause
to indemnify the Government against any failure by the
contractor to perform the support contract, and to remain
responsible’’ and inserting ‘‘include a requirement that any
failure by the contractor to perform the primary contract
is not excusable based on use of the support contract,
and the contractor is to remain responsible’’;
(6) in subsection (e), by striking ‘‘pilot’’; and
(7) by striking subsections (f) and (g) and inserting the
following:
‘‘(f) BRIEFINGS.—Not later than April 1, 2025, and annually
thereafter for five years, the Director of the Defense Logistics
Agency, in consultation with the Comptroller General, shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a briefing and report describing—
‘‘(1) the cost effectiveness for both the Government and
industry of the program;
‘‘(2) how support contracts under the program affected
meeting the requirements of primary contracts; and
‘‘(3) the number of and location of existing contracts.’’.
SEC. 863. EXTENSION OF THE PILOT PROGRAM FOR STREAMLINING
AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS.
Section 873 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 3702 note) is amended—
(1) in subsection (a)(2), by inserting ‘‘, a multiyear contract
(as defined in section 3501 of title 10, United States Code),
a block buy or multi-ship buy authorized by Congress, or the’’
after ‘‘Small Business Innovation Research Program’’; and
H. R. 5009—230
(2) in subsection (f), by striking ‘‘October 1, 2024’’ and
inserting ‘‘October 1, 2029’’.
SEC. 864. USE OF CAPABILITY-BASED ANALYSIS OF PRICE OF GOODS
OR SERVICES OFFERED BY NONTRADITIONAL DEFENSE
CONTRACTORS.
(a) PILOT PROGRAM.—A contracting officer of the Department
of Defense may use alternative capability-based analysis to deter-
mine whether the proposed price or fee for a commercial product
or commercial service offered by a nontraditional defense contractor
(as that term is defined in section 3014 of title 10, United States
Code) is fair and reasonable.
(b) REPORT.—Not later than February 1, 2028, the Under Sec-
retary of Defense for Acquisition and Sustainment shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report evaluating the use of the authority
under subsection (a), including the following elements:
(1) A summary of activities conducted because of the inclu-
sion of alternative capability-based analysis into the evaluation
of proposals offered by nontraditional contractors, including
specific examples.
(2) An analysis of the effectiveness of the authority under
subsection (a) in increasing nontraditional defense contractor
participation in the defense industrial base and in increasing
access by the Department of Defense to new technologies or
capabilities.
(3) Recommendations on—
(A) the continuation of the authority under subsection
(a);
(B) changes to existing law; and
(C) the expansion of the program to include other
contractors.
(c) SUNSET.—The authority under subsection (a) shall expire
on September 30, 2029.
(d) ALTERNATIVE CAPACITY-BASED ANALYSIS DEFINED.—In this
section, the term ‘‘alternative capability-based analysis’’ means an
analysis of the value to the Federal Government of a commercial
product or commercial service that considers one or more of the
following elements:
(1) The fitness of the product or service for the particular
purpose such commercial product or commercial service is being
procured.
(2) The unique nature of, technical expertise required to
produce or provide, and the non-Federal resources expended
to develop such commercial product or commercial service.
(3) The business model or financial projections of the non-
traditional defense contractor, commensurate with the scale
of the potential investment by the Secretary of Defense, which
may include cost information, self-funded risk, financial projec-
tions, expenditure rates, estimates of total sales market, and
other financial, technical, or management data.
(4) The estimated total cost avoidance or increased capacity
afforded by such commercial product or commercial service
in relation to current and future costs of programs and oper-
ations that provide the same or similar capabilities.
(5) Input from the anticipated users of such commercial
product or commercial service on the potential value added
H. R. 5009—231
by the improved capabilities or production processes resulting
from such commercial product or commercial service.
SEC. 865. QUALIFICATION OF INDUSTRIAL CAPABILITIES.
(a) ESTABLISHMENT OF PROCESS.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense,
in coordination with each Secretary of a military department and
the Director of the Defense Logistics Agency, shall establish a
process to rapidly qualify and approve alternate or additional
sources of supply for industrial capabilities identified in subsection
(b) for use in combat.
(b) IDENTIFICATION.—With respect to the process required by
subsection (a), the Secretary of Defense shall seek to expand indus-
trial capability and capacity to—
(1) produce energetic materials, solid rocket motors,
unmanned systems, space systems, or electrical components;
(2) supply castings and forgings; and
(3) use additive or other advanced manufacturing tech-
niques.
(c) APPLICATION.—The Secretary of Defense shall ensure that
process required by subsection (a) is applied in a manner in which
one or more documented supply chain deficiencies in the acquisition
or sustainment of a weapon system of the Department of Defense
is addressed.
(d) ELEMENTS.—In developing the process required by sub-
section (a), the Secretary of Defense shall ensure that—
(1) not later than 180 days after the date of the enactment
of this Act, policies implementing such process are established
to encourage and support the delegation of material review
board authorities, processes, and approvals to the contractor
or subcontractor (at any tier) with respect to non-safety critical
items for industrial capabilities covered in subsection (b);
(2) commercial processes and procedures for the evaluation
and qualification of vendors, including manufacturers and
distributors, that are part of the process required by subsection
(a) are examined and implemented where feasible and advis-
able, including forms and templates such as Sources Approval
Requests and Alternative Offers;
(3) the process required by subsection (a) includes processes
that are implemented and, if necessary, military specifications
or other similar requirements documents are developed to pre-
qualify vendors to supply safety critical items or mission critical
items for industrial capabilities based on—
(A) an assessment of the vendor’s material and process
controls to assure conformance to specification and contrac-
tual requirements; and
(B) audit and inspection requirements of the Depart-
ment of Defense;
(4) test reports are reviewed and notice of an approval
decision is provided to requesting member of the acquisition
workforce (as defined in section 101 of title 10, United States
Code) not later than 45 days after the date on which a test
is completed;
(5) processes for qualification of safety critical or flight
critical end items produced through advanced processes and
technologies, such as additive manufacturing, are established;
H. R. 5009—232
(6) alternative material types that could be a viable replace-
ment or an interchangeable source of material are considered
for evaluation and qualification using streamlined requirements
to streamline qualification requirements;
(7) processes are developed, where appropriate, for quali-
fication of a system or subsystem by a designated approval
authority within a military department to avoid the need for
qualification of individual parts while ensuring the performance
of parts and the interactions of the parts in the system or
subsystem; and
(8) pathways are developed to streamline and consolidate
the approval authority of the process established in subsection
(a).
(e) EXPEDITED PROCESSES
FOR MILITARY-UNIQUE SPECIFICA-
TIONS AND TEST PROCEDURES.—To support successful implementa-
tion of the process required by subsection (a), the Secretary shall—
(1) to the maximum extent practicable, reduce the need
for military-unique specification and test procedures;
(2) develop a process to streamline and expedite the
drafting and approval of military specifications (including mili-
tary performance specifications) and technical publications
that—
(A) details the performance or functions required by
the industrial capabilities described in subsection (b) or
the weapon system described in subsection (c) and do not
constrain implementation of such process;
(B) is completed, upon request by a member of the
acquisition workforce—
(i) not later than 30 days after the date of such
request, for unmanned items, non-safety critical items,
or non-mission critical items; and
(ii) not later than 180 days after the date of such
request, for safety critical items or mission critical
items; and
(C) accounts for resource constraints by prioritizing
requests for inclusion in the process established in sub-
section (a); and
(3) develop a process to develop, produce, and test parts
described in subsection (b), and may test through failure, to
create data to support the drafting of specifications and test
procedures.
(f) EXEMPTIONS.—Industrial capabilities approved under the
process required by subsection (a) that do not present a safety
risk to human life—
(1) shall be exempt from Class A and Class B mishap
investigations, as defined by the Secretary of Defense; and
(2) shall be subject to streamlined investigation procedures,
as determined by the Secretary of Defense, with respect to
a mishap.
(g) PROTECTIONS.—Approval authorities responsible for the
process required by subsection (a) shall not be held liable by the
Department of Defense for mishaps with respect to industrial
capabilities approved pursuant to the process required by subsection
(a) without evidence of willful misconduct, gross negligence, or
intentional fraud.
H. R. 5009—233
(h) INTERIM BRIEFING.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in coordina-
tion with each Secretary of a military department and the Director
of the Defense Logistics Agency, shall provide to the Committees
on Armed Services of the Senate and the House of Representatives
a briefing with a detailed plan to implement the process required
by subsection (a), including definitions and processes related to
time limitations for drafting and approval of military specifications
and technical publications in subsection (d)(1)(B).
(i) INVESTMENT ROADMAP.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with each Secretary of a military department and
the Director of the Defense Logistics Agency, shall provide to the
congressional defense committees a report on the resourcing and
investment required to modernize the infrastructure and personnel
for materials and process development, certification, and qualifica-
tion.
(j) REPORT.—Not later than September 30, 2027, the Secretary
of Defense, in coordination with each Secretary of a military depart-
ment and the Director of the Defense Logistics Agency, shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the progress, challenges, and lessons
learned in carrying out the requirements of this section, including
the viability of applying the process required by subsection (a)
more broadly across additional industrial capabilities.
SEC. 866. SOLID ROCKET MOTOR INDUSTRIAL BASE.
(a) IN GENERAL.—Not later than March 1, 2025, the Under
Secretary of Defense for Acquisition and Sustainment, acting
through the Director of the Joint Production Accelerator Cell of
the Department of Defense and the Assistant Secretary of Defense
for Industrial Base Policy, shall submit to the congressional defense
committees a strategy for ensuring that the defense industrial
base of the United States can meet requirements for programs
of record relating to solid rocket motors.
(b) COORDINATION.—In developing the strategy required under
subsection (a), the Under Secretary of Defense for Acquisition and
Sustainment shall coordinate with the following:
(1) The Assistant Secretary of the Navy for Research,
Development, and Acquisition.
(2) The Assistant Secretary of the Army for Acquisition,
Logistics, and Technology.
(3) The Assistant Secretary of the Air Force for Acquisition,
Technology, and Logistics.
(4) The Assistant Secretary of the Air Force for Space
Acquisition and Integration.
(5) The Director of the Missile Defense Agency.
(c) ELEMENTS.—The strategy under subsection (a) shall include
the following:
(1) An assessment of emerging technologies or manufac-
turing processes that would support the modernization or evo-
lution of the defense industrial base of the United States to
meet requirements for programs of record relating to solid
rocket motors.
(2) A plan to prioritize government funding for the fol-
lowing:
H. R. 5009—234
(A) Government-owned, Government-operated ener-
getic materials facilities.
(B) Government-owned, contractor-operated energetic
materials facilities.
(C) Private energetic materials facilities.
(d) REVIEW AND REPORT.—
(1) REVIEW.—Not later than March 1, 2025, the Secretary
of Defense shall seek to enter into a contract with a federally
funded research and development center to conduct a review
of the of the defense industrial base of the United States
for solid rocket motors that includes the following:
(A) An assessment of the capacity and capability of
existing solid rocket motor industrial base, including the
supply base and personnel of such manufacturers, to sup-
port the expansion of the solid rocket motor industrial
base.
(B) The capability and capacity of potential new
entrants to the solid rocket motor industrial base, including
private entities funded by the Federal Government.
(C) An assessment of the process for qualifying new
entrants, including new manufacturing processes, for solid
rocket motors.
(D) An assessment of the capacity and capability of
the solid rocket motor industrial base to support the
demands of existing programs of record.
(E) An assessment of the capacity and capability of
the solid rocket motor industrial base to support potential
future demands of programs of record.
(F) A mapping of programs of record and potential
future munitions programs to solid rocket motor manufac-
turer throughput.
(G) Identification of current and potential shortfalls
in common precursors and chemicals.
(H) A broad assessment of commercial sector, civil
sector, and Department of Defense pressures on the solid
rocket motor industrial base.
(2) REPORT.—
(A) TO
SECRETARY.—Not later than September 30,
2025, a federally funded research and development center
that enters into contract under this subsection shall submit
to the Secretary of Defense a report on the results of
the review conducted under paragraph (1).
(B) TO CONGRESS.—Not later than 30 days after receipt
of the report described in subparagraph (A), the Secretary
of Defense shall submit such report, along with any com-
ments of the Secretary, to the congressional defense
committees.
(e) ENERGETIC MATERIALS DEFINED.—The term ‘‘energetic mate-
rials’’ has the meaning given in section 148 of title 10, United
States Code.
SEC. 867. PROMULGATE GUIDANCE RELATING TO CERTAIN DEPART-
MENT OF DEFENSE CONTRACTS.
Not later than January 31, 2025, the Secretary of Defense
shall issue guidance on the governance and oversight of the con-
tracts of the Department of Defense that support or enable sensitive
activities.
H. R. 5009—235
Subtitle G—Small Business Matters
SEC. 871. PILOT PROGRAM FOR THE PARTICIPATION OF MILITARY
RESEARCH AND EDUCATIONAL INSTITUTIONS IN THE
STTR PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended
by adding at the end the following:
‘‘(yy) PILOT PROGRAM
FOR
THE PARTICIPATION
OF MILITARY
RESEARCH
AND EDUCATIONAL INSTITUTIONS
IN
THE STTR PRO-
GRAM.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this subsection, the Secretary of Defense shall
establish a pilot program to enable any undergraduate, grad-
uate, or postgraduate degree-granting military research or edu-
cational institution established under title 10, United States
Code, to participate in the STTR program of the Department
of Defense.
‘‘(2) SUNSET.—The authority to carry out the pilot program
under this subsection shall end on September 30, 2025.’’.
SEC. 872. DEPARTMENT OF DEFENSE PILOT PROGRAM FOR PRELIMI-
NARY CALCULATION ESTIMATES FOR CERTAIN PRO-
GRAMS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended
by section 871, is further amended by adding at the end the fol-
lowing:
‘‘(zz) BUDGET CALCULATION PILOT PROGRAM.—
‘‘(1) PILOT.—
‘‘(A) IN GENERAL.—In order to more rapidly estimate
allocations for the SBIR and STTR programs of the Depart-
ment of Defense, the Secretary of Defense shall conduct
a budget calculation pilot program that requires the cal-
culation of total expenditures for the SBIR and STTR pro-
grams in the Department of Defense and determination
of related allocations in accordance with subparagraphs
(B) and (C), and paragraph (2), respectively.
‘‘(B) SBIR PROGRAM.—Beginning in fiscal year 2025,
the Department of Defense shall calculate required budget
expenditures for its SBIR program as not less than 3.25
percent of the average of the total research, development,
test, and evaluation extramural budget of the Department
for the 2 most recent fully obligated fiscal year budgets.
‘‘(C) STTR PROGRAM.—Beginning in fiscal year 2025,
the Department of Defense shall calculate required budget
expenditures for its STTR program as not less than 0.46
percent of the average of the total research, development,
test, and evaluation extramural budget of the Department
for the 2 most recent fully obligated fiscal year budgets.
‘‘(2) ALLOCATIONS.—Not later than 30 days after the date
of enactment of an appropriations bill for the Department of
Defense for a fiscal year, the Department shall determine and
make adjustments for actual allocations related to the SBIR
and STTR programs of the Department.
‘‘(3) SUNSET.—The pilot program under this subsection
shall terminate on September 30, 2025.’’.
H. R. 5009—236
SEC. 873. BOOTS TO BUSINESS PROGRAM.
(a) IN GENERAL.—Section 32 of the Small Business Act (15
U.S.C. 657b) is amended by adding at the end the following:
‘‘(h) BOOTS TO BUSINESS PROGRAM.—
‘‘(1) COVERED INDIVIDUAL DEFINED.—In this subsection, the
term ‘covered individual’ means—
‘‘(A) an individual who is participating in the Transi-
tion Assistance Program established under section 1144
of title 10, United States Code, subject to an availability
determination by the Secretary of the military department
concerned;
‘‘(B) a servicemember in the National Guard or
Reserves not on active duty.
‘‘(C) an individual who—
‘‘(i) served on active duty in any branch of the
Armed Forces, including the National Guard or
Reserves; and
‘‘(ii) was discharged or released from such service
under conditions other than dishonorable; or
‘‘(D) a spouse or dependent of an individual described
in subparagraph (A), (B), or (C).
‘‘(2) ESTABLISHMENT.—During the period beginning on the
date of enactment of this subsection and ending on September
30, 2028, the Administrator shall carry out a program to be
known as the ‘Boots to Business Program’ to provide
entrepreneurship training to covered individuals.
‘‘(3) GOALS.—The goals of the Boots to Business Program
are to—
‘‘(A) provide assistance and in-depth training to covered
individuals interested in business ownership; and
‘‘(B) provide covered individuals with the tools, skills,
and knowledge necessary to identify a business oppor-
tunity, draft a business plan, identify sources of capital,
connect with local resources for small business concerns,
and start up a small business concern.
‘‘(4) PROGRAM COMPONENTS.—
‘‘(A) IN GENERAL.—The Boots to Business Program may
include—
‘‘(i) a presentation providing exposure to the
considerations involved in self-employment and owner-
ship of a small business concern;
‘‘(ii) an online, self-study course focused on the
basic skills of entrepreneurship, the language of busi-
ness, and the considerations involved in self-employ-
ment and ownership of a small business concern;
‘‘(iii) an in-person classroom instruction component
providing an introduction to the foundations of self-
employment and ownership of a small business con-
cern; and
‘‘(iv) in-depth training delivered through online
instruction, including an online course that leads to
the creation of a business plan.
‘‘(B) COLLABORATION.—The Administrator may—
‘‘(i) collaborate with public and private entities
to develop course curricula for the Boots to Business
Program; and
H. R. 5009—237
‘‘(ii) modify program components in coordination
with entities participating in a Warriors in Transition
program, as defined in section 738(e) of the National
Defense Authorization Act for Fiscal Year 2013 (10
U.S.C. 1071 note).
‘‘(C) USE
OF
RESOURCE
PARTNERS
AND
DISTRICT
OFFICES.—
‘‘(i) IN GENERAL.—The Administrator shall—
‘‘(I) ensure that Veteran Business Outreach
Centers regularly participate, on a nationwide
basis, in the Boots to Business Program; and
‘‘(II) to the maximum extent practicable, use
district offices of the Administration and a variety
of other resource partners and entities in admin-
istering the Boots to Business Program.
‘‘(ii) GRANT AUTHORITY.—In carrying out clause (i),
the Administrator may make grants, subject to the
availability of appropriations in advance, to Veteran
Business Outreach Centers, other resource partners,
or other entities to carry out components of the Boots
to Business Program.
‘‘(D) AVAILABILITY TO DEPARTMENT OF DEFENSE AND
THE
DEPARTMENT
OF
LABOR.—The Administrator shall
make available to the Secretary of Defense and the Sec-
retary of Labor information regarding the Boots to Business
Program, including all course materials and outreach mate-
rials related to the Boots to Business Program, for inclusion
on the websites of the Department of Defense and the
Department of Labor relating to the Transition Assistance
Program, in the Transition Assistance Program manual,
and in other relevant materials available for distribution
from the Secretary of Defense and the Secretary of Labor.
‘‘(E) AVAILABILITY
TO
DEPARTMENT
OF
VETERANS
AFFAIRS.—In consultation with the Secretary of Veterans
Affairs, the Administrator shall make available for distribu-
tion and display on the website of the Department of Vet-
erans Affairs and at local facilities of the Department of
Veterans Affairs outreach materials regarding the Boots
to Business Program, which shall, at a minimum—
‘‘(i) describe the Boots to Business Program and
the services provided; and
‘‘(ii) include eligibility requirements for partici-
pating in the Boots to Business Program.
‘‘(F) AVAILABILITY
TO
OTHER
PARTICIPATING
AGEN-
CIES.—The
Administrator
shall
ensure
information
regarding the Boots to Business Program, including all
course materials and outreach materials related to the
Boots to Business Program, is made available to other
participating agencies in the Transition Assistance Pro-
gram and upon request of other agencies.
‘‘(5) COMPETITIVE BIDDING PROCEDURES.—The Administra-
tion shall use relevant competitive bidding procedures with
respect to any contract or cooperative agreement executed by
the Administration under the Boots to Business Program.
‘‘(6) PUBLICATION OF NOTICE OF FUNDING OPPORTUNITY.—
Not later than 30 days before the deadline for submitting
applications for any funding opportunity under the Boots to
H. R. 5009—238
Business Program, the Administration shall publish a notice
of the funding opportunity.
‘‘(7) REPORT.—Not later than 180 days after the date of
enactment of this subsection, and not less frequently than
annually thereafter, the Administrator shall submit to the Com-
mittee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of Rep-
resentatives a report on the performance and effectiveness of
the Boots to Business Program, which—
‘‘(A) may be included as part of another report sub-
mitted to such committees by the Administrator related
to the Office of Veterans Business Development; and
‘‘(B) shall summarize available information relating
to—
‘‘(i) grants awarded under paragraph (4)(C);
‘‘(ii) the total cost of the Boots to Business Pro-
gram;
‘‘(iii) the number of program participants using
each component of the Boots to Business Program;
‘‘(iv) the completion rates for each component of
the Boots to Business Program;
‘‘(v) to the extent possible—
‘‘(I) the demographics of program participants,
to include gender, age, race, ethnicity, and rela-
tionship to military;
‘‘(II) the number of program participants that
connect with a district office of the Administration,
a Veteran Business Outreach Center, or another
resource partner of the Administration;
‘‘(III) the number of program participants that
start a small business concern;
‘‘(IV) the results of the Boots to Business and
Boots to Business Reboot course quality surveys
conducted by the Office of Veterans Business
Development before and after attending each of
those courses, including a summary of any com-
ments received from program participants;
‘‘(V) the results of the Boots to Business Pro-
gram outcome surveys conducted by the Office of
Veterans Business Development, including a sum-
mary of any comments received from program
participants; and
‘‘(VI) the results of other germane participant
satisfaction surveys;
‘‘(C) an evaluation of the overall effectiveness of the
Boots to Business Program based on each geographic region
covered by the Administration during the most recent fiscal
year;
‘‘(D) an assessment of additional performance outcome
measures for the Boots to Business Program, as identified
by the Administrator;
‘‘(E) any recommendations of the Administrator for
improvement of the Boots to Business Program, which may
include expansion of the types of individuals who are cov-
ered individuals;
‘‘(F) an explanation of how the Boots to Business Pro-
gram has been integrated with other transition programs
H. R. 5009—239
and related resources of the Administration and other Fed-
eral agencies; and
‘‘(G) any additional information the Administrator
determines necessary.’’.
(b) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS WITH
DISABLED VETERANS, VETERANS, AND MEMBERS
OF
A RESERVE
COMPONENT OF THE ARMED FORCES.—Section 8(b)(17) of the Small
Business Act (15 U.S.C. 637(b)(17)) is amended by striking ‘‘Forces.’’
and inserting ‘‘Forces, provided that—
‘‘(A) the Administrator considers the needs of disabled
veterans (as defined in section 4211(3) of title 38, United
States Code), veterans, and members of a reserve compo-
nent of the Armed Forces equally, as part of the criteria
for funding a continuation award or during the competition
process for any grant, contract, or cooperative agreement
made or entered into under this paragraph, including
assigning equal value to any factors based on a designation
as a disabled veteran (as defined in section 4211(3) of
title 38, United States Code), veteran, or member of a
reserve component of the Armed Forces, and equally consid-
ering the ability of applicants to provide Boots to Business
on military installations and the ability of applicants to
provide Boots to Business Reboot training off military
installations;
‘‘(B) for purposes of subparagraph (A), the term
‘continuation award’ means a renewal or recompete,
awarded at the discretion of the Administrator, for another
5-year project period for a grant, contract, or cooperative
agreement under this paragraph that is made up of a
base project period of 12 months, with up to 4 option
periods of 12 months, subject to continuing program
authority, availability of funds, and satisfactory perform-
ance by the recipient organization;
‘‘(C) the Administrator shall, not later than 1 year
after the date of enactment of subparagraph (A), issue
guidance on the criteria described in subparagraph (A)
to existing recipients of any grant, contract, or cooperative
agreement made or entered into under this paragraph;
‘‘(D) the Administrator shall, for each budget period
beginning after the date of the issuance of the guidance
under subparagraph (C), incorporate the criteria described
in subparagraph (A) into the funding agreement, and
existing recipients of any grant, contract, or cooperative
made or entered into under this paragraph shall have
1 full budget period to comply;
‘‘(E) if an existing recipient of any grant, contract,
or cooperative agreement made or entered into under this
paragraph does not meet the criteria included in the guid-
ance issued under subparagraph (C) during the budget
period described in subparagraph (D), the existing recipient
shall have a period of 1 year, beginning after the budget
period in which the existing recipient was assessed, to
reach satisfactory performance and compliance with all
terms and conditions of the award;
‘‘(F) if the Administrator fails to give equal weight
to the needs of the groups described in subparagraph (A)
during the competition process for any grant, contract,
H. R. 5009—240
or cooperative agreement made or entered into under this
paragraph, the Administrator shall, not later than 60 days
after the closing date of the grant, contract, or cooperative
agreement, provide written justification to the Committee
on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives regarding why the grant, contract, or
cooperative agreement was not made or entered into pursu-
ant to subparagraph (A); and
‘‘(G) the Administrator shall provide full and fair
consideration to any entity that has applied for a grant,
contract, or cooperative agreement under this paragraph
before the date of enactment of subparagraph (A), if that
entity applies for a future funding opportunity under this
paragraph.’’.
SEC. 874. ESTABLISHMENT OF PILOT PROGRAM FOR ACCESS TO
SHARED CLASSIFIED COMMERCIAL INFRASTRUCTURE.
(a) PILOT PROGRAM REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall establish a pilot program on streamlining access for small
business concerns and institutions of higher learning to shared
classified commercial infrastructure—
(1) to expand access to secret or collateral accredited facili-
ties and sensitive compartmented information facilities and
special access program facilities to securely perform work under
existing classified contracts;
(2) to reduce the cost and administrative requirements
for a facility to receive and maintain accreditation and certifi-
cation as an accredited facility;
(3) to increase opportunities for small business concerns
and institutions of higher learning to have access to and com-
pete for classified contracts; and
(4) to identify policy barriers that prevent components of
the Department of Defense from more broadly using shared
classified commercial infrastructure and prototyping proposed
solutions.
(b) DESIGNATION OF PRINCIPAL CIVILIAN OFFICIAL.—
(1) IN GENERAL.—The Secretary shall designate an existing
civilian official of the Department of Defense who shall be
responsible for the administration of the pilot program estab-
lished under subsection (a).
(2) RESPONSIBILITIES.—The responsibilities of the civilian
official designated under paragraph (1) shall include the fol-
lowing:
(A) To seek to enter into a contact or other agreement
with one or more private entities—
(i) for access for contractors and components of
the Department of Defense to shared classified
commercial infrastructure; and
(ii) to facilitate the use of such infrastructure by
covered small business concerns and institutions of
higher learning.
(B) In consultation with the Office of the Director
of National Intelligence, to coordinate with the Director
of the Defense Counterintelligence and Security Agency,
the Director of the Defense Intelligence Agency, and the
H. R. 5009—241
Director of the Defense Information Systems Agency to
update or prescribe policies and regulations governing the
process and timelines pertaining to how shared commercial
classified infrastructure may obtain relevant facility
authorizations and access to secure information technology
networks from the Department of Defense.
(C) To make recommendations to the Secretary of
Defense regarding the modernization, streamlining, and
acceleration of the approval process of the Department
of Defense for contacts, subcontracts, and co-use or joint
use agreements for shared classified commercial infrastruc-
ture.
(D) The development and maintenance of metrics
tracking the outcomes of each request made under the
pilot program for the accreditation of shared commercial
classified infrastructure as an accredited facility.
(c) REQUIREMENTS.—
(1) POLICIES AND REGULATIONS.—As part of the pilot pro-
gram established under subsection (a), the Director of the
Defense Counterintelligence and Security Agency, the Director
of the Defense Intelligence Agency, and the Director of the
Defense Information Systems Agency shall each update or pre-
scribe policies and regulations governing the processes and
timelines pertaining to how shared commercial classified infra-
structure may obtain relevant facility sponsorship, associated
authorizations and accreditation, and access to relevant secure
information technology networks from the Department of
Defense.
(2) MODERNIZATION, STREAMLINING, AND ACCELERATION.—
The Secretary of Defense shall ensure that the pilot program
established under subsection (a) includes efforts to modernize,
streamline, and accelerate the approval process of the Depart-
ment of Defense for shared, co-use, and joint use agreements
to facilitate the access of small business concerns and institu-
tions of higher learning performing under contracts or other
agreements with the Department to classified environments.
(d) REPORTS.—
(1) IN GENERAL.—The Secretary of Defense shall submit
to the congressional defense committees, Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, a report
on the pilot program established under subsection (a)—
(A) after the establishment of such pilot program, but
not later than two years after the establishment of such
pilot program; and
(B) after the termination of such pilot program pursu-
ant to subsection (e), but not later than 120 days after
such termination.
(2) CONTENTS.—Each report submitted pursuant to para-
graph (1) shall include the following:
(A) A list of each request made under the pilot program
for the accreditation of a facility as an accredited facility,
including the date on which the request was made to
the civilian official designated under subsection (b) and
to the relevant facility accreditation agency.
(B) A list of the total number of personnel authorized
to conduct inspections under the pilot program for the
H. R. 5009—242
accreditation and certification of facilities as accredited
facilities.
(C) Actions taken by the civilian official designated
under subsection (b) to streamline the process of the
Department of Defense for approval of co-use and joint
use agreements to facilitate the access of small business
concerns and institutions of higher learning performing
under contracts or other agreements with the Department
to classified environments, including any updated or new
policies or guidance issued as a result of the pilot program.
(D) A list of all unutilized and currently accredited
sensitive compartmented information facilities owned and
operated by the Department of Defense that are located
within 25 miles of a facility described in subsection (a)(1).
(E) A list of the metrics or other measures used by
the Department of Defense to assess the benefits to the
Department from the pilot program established under sub-
section (a), and any other metrics the Secretary of Defense
deems appropriate.
(e) TERMINATION.—The authority to carry out the pilot program
required by subsection (a) and the requirements of this section
shall terminate on September 30, 2030.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘institution of higher learning’’ has the
meaning given such term in section 3452(f) of title 38, United
States Code.
(2) The term ‘‘shared commercial classified infrastructure’’
means
fully
managed,
shared,
classified
infrastructure
(including physical facilities), and associated services that are
operated by a private third-party for the benefit of appropriately
cleared government and contractor personnel who have limited
or constrained access to secret collateral and sensitive compart-
mented information facilities.
(3) The term ‘‘small business concern’’ has the meaning
given such term under section 3 of the Small Business Act
(15 U.S.C. 632).
SEC. 875. ACCESSIBILITY AND CLARITY IN COVERED NOTICES FOR
SMALL BUSINESS CONCERNS.
(a) IN GENERAL.—Each covered notice shall be written in a
manner—
(1) such that a small business concern can easily under-
stand the intent of the covered notice; and
(2) that—
(A) is clear, concise, and well-organized; and
(B) to the maximum extent practicable, follows other
best practices appropriate to the subject or field of the
covered notice and the intended audience of the covered
notice.
(b) INCLUSION
OF KEY WORDS
IN COVERED NOTICES.—Each
covered notice shall, to the maximum extent practicable, include
key words in the description of the covered notice such that a
small business concern seeking contract opportunities using the
single Government-wide point of entry described under section 1708
of title 41, United States Code, can easily identify and understand
such covered notice.
H. R. 5009—243
(c) RULEMAKING.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
rules to carry out this section.
(d) DEFINITIONS.—In this section:
(1) COVERED NOTICE.—The term ‘‘covered notice’’ means
a notice that—
(A) the Secretary of Defense or a Secretary of a military
department publishes on SAM.gov (or any successor
website) marketing Federal contract opportunities; and
(B) pertains to small business concerns, such as a
sources sought notice or a solicitation restricted to competi-
tion among small business concerns.
(2) SMALL BUSINESS CONCERN.—The term ‘‘small business
concern’’ has the meaning given the term under section 3 of
the Small Business Act (15 U.S.C. 632).
SEC. 876. SMALL BUSINESS BILL OF RIGHTS.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, acting through
the Small Business Integration Group in the Department of Defense
led by the Under Secretary of Defense for Acquisition and
Sustainment, shall develop a Small Business Bill of Rights for
the Department of Defense and its components.
(b) PURPOSE.—The Small Business Integration Group in the
Department of Defense shall design the Small Business Bill of
Rights required under subsection (a) to ensure a healthy partner-
ship between the Department of Defense and the defense industrial
base and to encourage small businesses to contract with the Depart-
ment by ensuring customer service issues and conflicts between
the Department and small businesses related to acquisitions by
the Department are resolved in an expeditious manner and that
small businesses are aware of their rights to assistance under
Federal law in resolving such issues.
(c) CONTENT.—The Bill of Rights required under subsection
(a) shall do the following:
(1) Authorize the Director of Small Business Programs
of the Department to establish a resolution process to which
all Department of Defense components, members of the small
business professional workforce of the Department, and other
relevant officials and organizations of the Department, must
adhere.
(2) Authorize the Director of Small Business Programs
of the Department, each Director of Small Business Programs
of a military department, and members of the small business
professional workforce of the Department of Defense to—
(A) request assistance from members of the acquisition
workforce in their component of the Department with the
customer service issues and conflicts described in sub-
section (b);
(B) require a timely responses from such members;
and
(C) establish a framework for implementation by the
components of the Department, members of the small busi-
ness professional workforce, and other relevant officials
and organizations of the Department providing for fair
and reasonable resolution of complaints by small business
for issues between small businesses and the Department.
H. R. 5009—244
(3) Ensure that small businesses are informed of—
(A) the rights of small businesses to assistance under
the Small Business Regulatory Enforcement Fairness Act
(5 U.S.C. 601 note), the Small Business Act (15 U.S.C.
631 et seq.), chapter 388 of title 10, United States Code,
and any other applicable law;
(B) how to contact each task and delivery ombudsman
designated under section 3406(g) of title 10, United States
Code;
(C) how to contact the Office of Small Business Pro-
grams of the Department of Defense and the Office of
Small Business Programs of each military department; and
(D) how to contact each advocate for competition in
the Department of Defense designated pursuant to section
1705(a) of title 41, United States Code.
(4) Establish guidance—
(A) for the acquisition workforce of the Department
of Defense on the rights of small businesses under Federal
law and the regulations issued thereunder, including the
Federal Acquisition Regulation and FAR and the Defense
Federal Acquisition Regulation Supplement;
(B) on the duties and authorities of the task and
delivery ombudsmans designated under section 3406(g) of
title 10, United States Code, and the advocates for competi-
tion in the Department of Defense designated pursuant
to section 1705(a) of title 41, United States Code; and
(C) on a reasonable and practical timeline, as deter-
mined by the Undersecretary of Defense for Acquisition
and Sustainment, for contracting officers of the Department
to response to an inquiry from the Office of Small Business
Programs of the Department of Defense or the Office of
Small Business Programs of each military department.
(5) Coordinate assistance under the Bill of Rights with
other regulatory compliance assistance to small business con-
cerns, current and desired sets of authorities, roles, and respon-
sibilities across the Offices of Small Business Programs of the
Department of Defense, APEX Accelerators, members of the
small business professional workforce of the Department of
Defense, and other relevant officials or organizations of the
Department.
(d) ANNUAL BRIEFINGS.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, and annually thereafter, the
Director of Small Business Programs of the Department shall
provide to the Secretary of Defense and the Committees on
Armed Services of the House of Representatives and the Senate
a briefing on the annual metrics collected under paragraph
(2) for the year covered by the report.
(2) COLLECTION OF ANNUAL METRICS.—
(A) The Office of Small Business Programs of the
Department of Defense shall—
(i) develop annual metrics on the submission of
complaints by contractors of the Department of Defense
pursuant to the Small Business Bill of Rights required
under subsection (a);
(ii) provide each component of the Department
such annual metrics; and
H. R. 5009—245
(iii) collect and consolidate such annual metrics
submitted to the Office under subparagraph (B).
(B) Each component of the Department of Defense
shall collect and submit to the Office of Small Business
Programs of the Department of Defense the annual metrics.
(e) IMPLEMENTATION BRIEFING.—Not later than 180 days after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing detailing the Small Business Bill of
Rights required under subsection (a) and the plan to implement
such Small Business Bill of Rights.
(f) DEFINITIONS.—In this section—
(1) the term ‘‘Director of Small Business Programs of the
Department’’ means the Director of Small Business Programs
in the Department of Defense appointed under section 144
of title 10, United States Code;
(2) the term ‘‘Director of Small Business Programs of a
military department’’ means—
(A) the Director of Small Business Programs in the
Department of the Army appointed under section 7024
of title 10, United States Code;
(B) the Director of Small Business Programs in the
Department of the Navy appointed under section 8028
of such title; or
(C) the Director of Small Business Programs in the
Department of the Air Force appointed under section 9024
of such title; and
(3) the term ‘‘military department’’ has the meaning given
such term in section 101(a) of title 10, United States Code.
Subtitle H—Other Matters
SEC. 881. CLARIFICATION OF WAIVER AUTHORITY FOR ORGANIZA-
TIONAL AND CONSULTANT CONFLICTS OF INTEREST.
Section 9.503 of the Federal Acquisition Regulation shall be
revised to require that—
(1) a request for a waiver under such section include a
written justification for such waiver; and
(2) the head of a Federal agency may not delegate such
waiver authority below the level of the deputy head of such
agency.
SEC. 882. REVERSE ENGINEERING OR RE-ENGINEERING FOR PRODUC-
TION OF ITEMS.
(a) REVERSE ENGINEERING OR RE-ENGINEERING PROCESS.—Not
later than one year after the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition and Sustainment,
in coordination with each Secretary of a military department and
the Director of the Defense Logistics Agency, shall establish a
process to—
(1) identify items for which—
(A) technical data is not available; or
(B) rights in such technical data does not allow for
manufacturing of the item; and
H. R. 5009—246
(2) create streamlined procedures for production of a item
identified under paragraph (1) through reverse engineering or
re-engineering—
(A) if production of the item may be required for point
of use manufacturing or for a contested logistics environ-
ment (as defined in section 2926 of title 10, United States
Code);
(B) if the manufacturer of the item will not meet the
schedule for delivery required by the contracting officer
to maintain weapon system readiness or responsiveness
in the event of mobilization; or
(C) with respect to a item for which a head of the
contracting activity can only acquire by entering into a
sole source contract, if such head submits to the service
acquisition executive (as defined in section 101 of title
10, United States Code) a written determination that such
reverse engineering or re-engineering is beneficial to sus-
tain training or operations of the Department of Defense
with respect to such item.
(b) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, and annually thereafter until
December 31, 2030, the Under Secretary of Defense for Acquisi-
tion and Sustainment, in coordination with each Secretary of
a military department and the Director of the Defense Logistics
Agency, shall submit to the congressional defense committees
a report on the use of reverse engineering or re-engineering
carried out pursuant to the process required under subsection
(a).
(2) CONTENTS.—Each report required by paragraph (1) shall
include the following:
(A) A list of items produced through reverse
engineering or re-engineering, disaggregated by element
of the Department of Defense described in section 111(b)
of title 10, United States Code that used the process estab-
lished under subsection (a).
(B) Representative case studies of items listed under
subparagraph (A), including a description of the use case
of each item, the efforts used to acquire the technical
data or technical data rights needed to manufacture the
item, and the estimated cost or time savings obtained,
the estimated cost or time savings obtained over an esti-
mated time horizon of ten years of acquisition require-
ments, including the identification of recurring and non-
recurring costs.
(C) Recommendations and lessons learned that may
inform contracting guidance and procedures, especially
regarding the creation of technical data packages and tech-
nical data rights through reverse engineering or re-
engineering.
SEC. 883. PROCUREMENT OF DEPARTMENT OF DEFENSE BATTERIES.
(a) IN GENERAL.—The Secretary of Defense shall—
(1) coordinate a Department of Defense-wide approach to
establishing a battery strategy to further leverage the advance-
ments of domestic and allied commercial industry with respect
to batteries; and
H. R. 5009—247
(2) in coordination with the Secretaries of the military
departments and the other relevant elements of the Department
of Defense, identify mechanisms for measuring and addressing
risks to the defense supply chain, diminishing manufacturing
capability, and material shortages for legacy system batteries
by transitioning the Department to safer batteries with higher
energy capabilities with supply chain growth.
(b) LEGACY BATTERY STRATEGY CONTENTS.—The strategy estab-
lished pursuant to subsection (a)(1) strategy shall include the fol-
lowing:
(1) The establishment of a Department of Defense-wide
accounting of advanced batteries for current and future applica-
tions, including obsolete batteries in existing systems, and
improved mechanisms for aligning the battery procurement
requirements across the Department.
(2) Requirements for the supply chain for batteries for
the Department of Defense to enable to Department to leverage
advancements by domestic industry and industry located in
allies of the United States with respect to batteries.
(3) The application of the requirements described in para-
graph (2) to the near-term, mid-term, and long-term horizons
of the Department.
(4) Creating a Department of Defense-wide Science and
Technology battery strategy, in coordination with the military
services, to define an approach, technical targets, and link
into procurement activities.
(5) Consideration of the existing battery strategies com-
pleted by the services.
(6) A determination of how the military services can stand-
ardize the battery systems across the existing and future pro-
grams of such Armed Service.
(7) Identify obstacles with respect to the raw materials
required to achieve the goals of the strategy established pursu-
ant to subsection (a)(1) and determine ways to overcome such
obstacles, including through the Industrial Base Analysis and
Sustainment program of the Department of Defense and the
use of authorities under the Defense Production Act (50 U.S.C.
4501 et seq.).
(8) Processes and guidelines for rapid testing and certifi-
cation to field batteries.
(9) A discussion of the workforce challenges, if any, that
may inhibit the Department of Defense from achieving the
goals of the strategy established pursuant to subsection (a)(1).
(c) BRIEFINGS AND FINAL REPORT.—
(1) INITIAL BRIEFING.—Not later than 180 days after enact-
ment, the Secretary of Defense, in consultation with the Secre-
taries of the military departments and the other relevant ele-
ments of the Department of Defense, shall brief the Committees
on Armed Services of the Senate and House of Representatives
on the approach to establishing the strategy described in sub-
section (a)(1).
(2) UPDATE BRIEFINGS.—Not later than 180 days after the
date of the briefing under paragraph (1), and not less frequently
than every 6 months thereafter until the strategy described
in subsection (a)(1) is established, the Secretary of Defense,
in consultation with the Secretaries of the military departments
and the other relevant elements of the Department of Defense,
H. R. 5009—248
shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the status
of the establishment of such strategy.
(3) FINAL REPORT.—Not later than September 30, 2026,
the Secretary of Defense, in consultation with the Secretaries
of the military departments and the other relevant elements
of the Department of Defense, shall submit to the Committees
on Armed Services of the Senate and the House of Representa-
tives a final report on the establishment of the strategy pursu-
ant to subsection (a).
(d) MILITARY DEPARTMENT DEFINED.—In this section, the term
‘‘military department’’ has the meaning given such term in section
101(a) of title 10, United States Code.
SEC. 884. ADVISORY PANEL ON THE REQUIREMENTS PROCESS OF THE
DEPARTMENT OF DEFENSE.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall establish
and maintain within the Department of Defense an advisory panel
on streamlining the requirements process of the Department of
Defense.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The advisory panel shall consist of not
more than 10 members to be appointed as follows:
(A) Four by the Secretary of Defense.
(B) Two by each Secretary of a military department.
(2) REQUIREMENTS FOR APPOINTMENTS.—
(A) EXPERIENCE.—Members appointed under para-
graph (1) shall have experience in matters relating to—
(i) requirements processes of the Department of
Defense; or
(ii) innovative requirements processes and product
development methods of the private sector.
(B) DIVERSITY.—In making appointments to the
advisory panel established in subsection (a), the Secretary
of Defense and each Secretary of a military department
shall ensure that members they appoint reflect diverse
experiences in the public and private sectors.
(c) DUTIES.—
(1) IN GENERAL.—The advisory panel shall advise the Sec-
retary of Defense on the effectiveness of the requirements
process and develop options for reform.
(2) BASIS FOR PROVISION OF ADVICE.—For purposes of pro-
viding advice to the Secretary pursuant to this subsection,
the advisory panel shall—
(A) review, synthesize, and evaluate recommendations
from literature and expert interviews on reform of the
requirements processes of the Department of Defense.
(B) review, synthesize, and evaluate recommendations
from literature and expert interviews on how innovative
requirements processes and product development methods
of the private sector are implemented;
(C) examine the Joint Capabilities Integration and
Development System process and the degree to which it
is effective in facilitating defense modernization;
(D) examine alternative requirements processes of the
Department of Defense, including—
H. R. 5009—249
(i) the Joint Urgent Operational Needs Statement
and Joint Emergent Operational Needs Statement
associated with the Urgent Capability Acquisition
Pathway (as defined by Department of Defense Instruc-
tion 5000.81, or a successor instruction);
(ii) an acquisition program or project that is carried
out using the rapid fielding or rapid prototyping
acquisition pathway under section 3602 of title 10,
United States Code (as added by this Act); and
(iii) any user agreements and capability needs
statements associated with a software acquisition path-
way established under section 3603 of title 10, United
States Code (as added by this Act);
(E) consider potential alternatives to requirements
processes and practices to maximize the ability of the
Department of Defense to respond in a timely manner
to current and future threats; and
(F) make legislative and policy recommendations to
improve requirements processes and practices to field the
operational capabilities necessary to outpace near-peer
competitors, provide data and analytical insight, and sup-
port an integrated budget that is aligned with the most
recent national defense strategy required under section
113(g) of title 10, United States Code.
(d) ADMINISTRATIVE MATTERS.—The Secretary of Defense shall
provide the advisory panel established pursuant to subsection (a)
with timely access to appropriate information, data, resources, and
analysis so that the advisory panel may conduct a thorough and
independent assessment as required under such subsection.
(e) ANNUAL REPORTS.—Not later than September 30, 2025,
and annually thereafter, the advisory panel shall submit to the
Secretary of Defense and the Committees on Armed Services of
the Senate and the House of Representatives a report describing
the results of the activities of the advisory panel during the pre-
ceding year.
(f) TERMINATION.—The advisory panel shall terminate on the
date that is three years after the date of the establishment of
the advisory panel pursuant to subsection (a).
SEC. 885. PROPOSAL FOR PAYMENT OF COSTS FOR CERTAIN GOVERN-
MENT ACCOUNTABILITY OFFICE BID PROTESTS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United
States, in coordination with the Secretary of Defense, shall submit
to the covered committees a proposal that includes the following:
(1) A process for enhanced pleading standards described
in subsection (b).
(2) The benchmarks described in subsection (c).
(3) A process for payment by an unsuccessful party in
a covered protest to the Government and the contractor
awarded the contract that was the subject of the bid protest
in accordance with the benchmarks described in subsection
(c).
(b) ENHANCED PLEA STANDARDS.—The process for enhanced
pleading standards described in this subsection is a process under
which the Comptroller General shall apply enhanced pleading
standards, as developed by the Comptroller General in coordination
H. R. 5009—250
with the Secretary of Defense, to an interested party with respect
to a covered protest submitted by such interested party for which
such interested party is seeking access to administrative records
of the Department of Defense, prior to making a determination
with respect to such access.
(c) BENCHMARKS.—The benchmarks described in this subsection
are as follows:
(1) A chart of the average costs to the Department of
Defense and the Government Accountability Office of a covered
protest based on the value of the contract that is the subject
of the covered protest.
(2) A chart of the costs of the lost profit rates of the
contractor awarded a contract that was the subject of a covered
protest after such award.
(d) LOST PROFIT CALCULATION.—With respect to contracts that
are the subject of a covered protest, the lost profit rates under
subsection (c)(2) shall be equal to the profit that the contractor
awarded the contract would have earned if the contractor has
performed under such contract during the period performance under
such contract by such contractor was suspended under section
3553(d) of title 31, United States Code, pursuant to such covered
protest.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered committees’’ means the following:
(A) The congressional defense committees.
(B) The Committee on Oversight and Accountability
of the House of Representatives.
(C) The Committee on Homeland Security and Govern-
mental Affairs of the Senate.
(2) The term ‘‘covered protest’’ means a protest submitted
by an interested party to the Comptroller General under
chapter 35 of title 31, United States Code, for a determination
by the Comptroller General under such chapter.
(3) The terms ‘‘interested party’’ and ‘‘protest’’ have the
meanings given such terms in section 3551 of title 31, United
States Code.
(f) DOLLAR THRESHOLD FOR TASK ORDER PROTESTS.—Section
3406(f)(1)(B) of title 10, United States Code, is amended by striking
‘‘$25,000,000’’ and inserting ‘‘$35,000,000’’.
SEC. 886. BRIEFINGS, CERTIFICATION, AND LIMITATION ON AVAIL-
ABILITY OF FUNDS RELATED TO FUEL SERVICES FINAN-
CIAL MANAGEMENT CONTRACTS.
(a) BRIEFING ON BID PROTEST.—Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on—
(1) the results of the bid protest published by the Comp-
troller General of the United States on August 28, 2024 (B-
420857.8, B-420857.9, relating to Kropp Holdings, Inc.),
including with regard to the element relating to consideration
of the conflicts of interest mitigation plan; and
(2) the proposed next steps with respect to the acquisition
of financial management services for Department of Defense
fuel contracts.
(b) BRIEFING ON CONFLICT OF INTEREST.—Not later than 30
days after the date of the enactment of this Act, the Secretary
H. R. 5009—251
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on how the Secretary
will ensure that price sensitive information is not shared between
fuel financial management entities and fuel provider entities.
(c) CERTIFICATION.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a written certification that no conflict of interest
exists with respect to a contract for financial management services
for fuel contracts of the Department of Defense.
(d) LIMITATION ON AVAILABILITY OF FUNDS.—On and after June
1, 2025, the Secretary of Defense may not obligate or expend funds
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2025 on any contract for financial management
services for fuel contracts of the Department of Defense in which
the contractor is also a fuel provider until the Committees on
Armed Services of the Senate and House of Representatives receive
the briefing described in subsection (b) and certification described
in subsection (c).
SEC. 887. IMPLEMENTATION OF COMPTROLLER GENERAL REC-
OMMENDATIONS RELATING TO CERTAIN SPARE PARTS
FOR F–35 AIRCRAFT.
(a) IN GENERAL.—The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment,
shall implement the recommendations contained in the report of
the Comptroller General of the United States published on May
23, 2023, and titled ‘‘F–35 Program: DOD Needs Better Account-
ability for Global Spare Parts and Reporting of Losses Worth Mil-
lions’’ (GAO-23-106098).
(b) REPORT.—Not later than December 31, 2025, the Secretary
shall submit to Congress a report on the progress of the imple-
menting recommendations as required by subsection (a).
SEC. 888. TRACKING AWARDS MADE THROUGH OTHER TRANSACTION
AUTHORITY.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall establish a process to track
the number and value of awards to small businesses and nontradi-
tional defense contractors performing on transactions using other
transaction authority, including transactions carried out through
consortia.
(b) DATA COLLECTION.—The Under Secretary of Defense for
Acquisition and Sustainment shall, to the extent practicable—
(1) minimize the reporting requirements imposed on small
businesses and nontraditional defense contractors by the
process established under subsection (a); and
(2) maximize the use of existing data collection processes
of the Department of Defense or the expertise of a consortia-
manager under such process.
(c) DEFINITIONS.—In this section:
(1) NONTRADITIONAL
DEFENSE
CONTRACTOR.—The term
‘‘nontraditional defense contractor’’ has the meaning given such
term in section 3014 of title 10, United States Code.
(2) OTHER
TRANSACTION
AUTHORITY.—The term ‘‘other
transaction authority’’ means the authority provided under sec-
tions 4021 and 4022 of title 10, United States Code.
H. R. 5009—252
(3) SMALL BUSINESS.—The term ‘‘small business’’ has the
meaning given the term ‘‘small business concern’’ under section
3(a) of the Small Business Act (15 U.S.C. 632(a)).
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Requirement to notify Congress when Deputy Secretary of Defense is per-
forming functions and duties of Secretary of Defense.
Sec. 902. Establishment of Department of Defense Performance Improvement Offi-
cer.
Sec. 903. Enhanced coordination on international cooperation activities.
Sec. 904. Increase in authorized number of Deputy Assistant Secretaries of De-
fense.
Sec. 905. Modifications to the Office of Strategic Capital.
Sec. 906. Limitation on availability of funds until Department of Defense complies
with certain legal requirements.
Sec. 907. Matters relating to Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.
Sec. 908. Inclusion in defense planning guidance of guidance on size, structure, and
posture of special operations forces.
Sec. 909. Review of roles and responsibilities of the Chief Talent Management Offi-
cer and the Office of the Under Secretary of Defense for Personnel and
Readiness.
Sec. 910. Plan for adequate staffing of Office of Assistant Secretary of Defense for
Industrial Base Policy and Joint Production Accelerator Cell.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 921. Department of Defense Senior Intelligence Oversight Official.
Sec. 922. Codification of the Joint Federated Assurance Center.
Sec. 923. Codification of additional staff corps of the Navy.
Sec. 924. Establishment of Office of Expanded Competition.
Sec. 925. Counter unmanned aerial systems task force.
Sec. 926. Affiliate relationships between Army special operations forces and com-
bat-enabling units of general purpose forces.
Sec. 927. Force sizing methodology.
Subtitle A—Office of the Secretary of
Defense and Related Matters
SEC. 901. REQUIREMENT TO NOTIFY CONGRESS WHEN DEPUTY SEC-
RETARY OF DEFENSE IS PERFORMING FUNCTIONS AND
DUTIES OF SECRETARY OF DEFENSE.
Section 132(b) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by striking ‘‘The Deputy Secretary shall act’’ and
inserting the following:
‘‘(2)(A) The Deputy Secretary shall act’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) If the Secretary is unable to perform the functions and
duties of the office as described in subparagraph (A), the Deputy
Secretary, or any other individual performing such functions and
duties in accordance with applicable law, shall, not later than
24 hours before any planned transfer of such functions and duties
or 24 hours after any unplanned transfer of such functions and
duties, notify the following of the transfer:
‘‘(i) The Committee on Armed Services, the Committee
on Appropriations, and the majority and minority leaders of
the Senate.
H. R. 5009—253
‘‘(ii) The Committee on Armed Services, the Committee
on Appropriations, the Speaker, and the minority leader of
the House of Representatives.’’.
SEC. 902. ESTABLISHMENT OF DEPARTMENT OF DEFENSE PERFORM-
ANCE IMPROVEMENT OFFICER.
(a) IN GENERAL.—Chapter 4 of title 10, United States Code,
is amended by inserting after section 132 the following new section:
‘‘§ 132a. Performance improvement officer
‘‘(a) ESTABLISHMENT.—
‘‘(1) There is a Performance Improvement Officer of the
Department of Defense, to be appointed by the Secretary of
Defense from among the ranks of qualified individuals from
the senior career civil service.
‘‘(2) The Performance Improvement Officer shall be
appointed from among persons described in paragraph (1) who
have an extensive management or business background and
experience with managing large or complex organizations,
organizational change management, or business transformation
activities.
‘‘(b) DEPUTY.—The Performance Improvement Officer shall be
supported by a Deputy who shall be appointed by the Secretary
of Defense from among the ranks of qualified individuals from
the senior career civil service. The Deputy shall be the first assistant
to the Performance Improvement Officer and shall assist that
Officer in the performance of the duties of that position and shall
act for, and exercise the powers of, the Officer when that Officer
dies, resigns, or is otherwise unable to perform the functions and
duties of the office.
‘‘(c) DUTIES AND RESPONSIBILITIES.—Subject to the authority,
direction, and control of the Secretary of Defense and the Deputy
Secretary of Defense, the Performance Improvement Officer shall
perform such duties, exercise such powers, and have such respon-
sibilities as the Secretary or the Deputy Secretary may prescribe,
including the following:
‘‘(1) Responsibility for updating and implementing the Stra-
tegic Management Plan of the Department of Defense required
by section 904(d) of the National Defense Authorization Act
of Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec.
2201).
‘‘(2) Responsibility for chairing the Defense Performance
Improvement Council (or any successor organization).
‘‘(3) Responsibility for the Defense Performance Improve-
ment Framework, as established under section 125a of this
title.
‘‘(4) Responsibility for the execution of not fewer than two
annual meetings of the Defense Management Action Group
(or any successor organization) with agendas relating to the
Strategic Management Plan described in paragraph (1).
‘‘(5) Oversight of transformational business modernization
and business process re-engineering of the Department of
Defense.
‘‘(6) Oversight and tracking the implementation of—
‘‘(A) solutions to solve issues identified by the High
Risk List maintained by the Government Accountability
Office; and
H. R. 5009—254
‘‘(B) other recommendations of such Office.
‘‘(7) Serving as the lead official devoted to modernizing
the business processes of the Department that serve as the
baseline for all external acquisition and internal operations.
‘‘(8) Oversight and management of the Defense Manage-
ment Institute (as established pursuant to the memorandum
of the Director of Administration and Management of the
Department dated January 13, 2023), or any successor
organization.
‘‘(9) Serving as co-chair of the Defense Business Council
in accordance with section 2222(f)(1) of this title.
‘‘(10) Maintaining authority for convening meetings of per-
sonnel and organizations of the Department on matters relating
to the duties and responsibilities described in this subsection.’’.
(b) ADDITION OF PERFORMANCE IMPROVEMENT OFFICER AS CO-
CHAIR OF DEFENSE BUSINESS COUNCIL.—Section 2222(f)(1) of title
10, United States Code, is amended, in the second sentence—
(1) by striking ‘‘chaired’’ and inserting ‘‘co-chaired’’; and
(2) by inserting ‘‘and the Performance Improvement Officer’’
after ‘‘Officer’’.
(c) GUIDANCE REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
issue rules, regulations, policies, or other guidance (as appro-
priate)—
(1) to clearly delineate the authorities and responsibilities
of the Performance Improvement Officer of the Department
of Defense established under section 132a of title 10, United
States Code, as added by subsection (a); and
(2) setting forth a charter for the office (including personnel,
facilities, and other infrastructure) supporting the position of
the Performance Improvement Officer.
SEC. 903. ENHANCED COORDINATION ON INTERNATIONAL COOPERA-
TION ACTIVITIES.
(a) UPDATE OF RESPONSIBILITIES OF THE UNDER SECRETARY
OF DEFENSE FOR ACQUISITION AND SUSTAINMENT.—
(1) IN GENERAL.—Section 133b(b) of title 10, United States
Code, is amended—
(A) in paragraph (8), by striking ‘‘and’’ at the end;
(B) in paragraph (9)(C), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(10) advising the Secretary on, establishing policies on,
and supervising, the activities of the Department relating to
international cooperation and agreements regarding industrial
base collaboration and coordination, including cooperative
development
and
co-production,
reciprocal
production,
exportability considerations, supply chain integration, security
of supply chain agreements, and acquisition and cross-service
agreements.’’.
(2) GUIDANCE
REQUIRED.—Not later than July 1, 2025,
the Secretary of Defense shall update relevant policies and
guidance related to the duties of the Under Secretary of Defense
for
Acquisition
and
Sustainment
prescribed
in
section
133b(b)(10) of title 10, United States Code, as added by para-
graph (1).
(b) CROSS-FUNCTIONAL TEAMS.—
H. R. 5009—255
(1) ESTABLISHMENT.—Not later than July 1, 2025, the Sec-
retary of Defense shall establish not fewer than two Cross-
Functional Teams to coordinate and support international
cooperation activities of the Department of Defense.
(2) PURPOSE.—Of the Cross-Functional Teams required
under paragraph (1)—
(A) at least one shall be dedicated to a geographic
area of interest, such as a specific country or subset of
an area of responsibility for a geographic combatant com-
mand; and
(B) at least one shall be dedicated to a functional
area of interest, such as munitions production, logistics,
or additive manufacturing.
(3) PARTICIPATION.—The Cross-Functional Teams estab-
lished under paragraph (1)—
(A) shall include representation from—
(i) the Office of the Under Secretary of Defense
for Policy;
(ii) the Office of the Under Secretary of Defense
for Acquisition and Sustainment; and
(iii) the Office of the Under Secretary of Defense
for Research and Engineering; and
(B) may include such other participants from across
the Department of Defense as the Secretary of Defense
determines appropriate.
(4) CHAIRPERSON.—Each Cross-Functional Team shall have
a Chairperson who shall be designated by the Secretary of
Defense from among the representatives on the Team from
the Offices specified in paragraph (3)(A).
(c) STUDY
ON
CAPACITY
FOR
EXPANDED
INTERNATIONAL
COOPERATION ACTIVITIES.—
(1) IN GENERAL.—Not later than March 1, 2025, the Sec-
retary of Defense shall seek to enter into a contract with
a federally funded research and development center or a univer-
sity-affiliated nonprofit organization to—
(A) conduct a study with respect to whether the
organization, resourcing, manning, and training of the
Department of Defense for international cooperation activi-
ties is sufficient to support expanded demand for security
cooperation activities with countries that are allies and
partners of the United States; and
(B) submit to the Secretary a report on the results
of the study.
(2) ELEMENTS.—The study conducted under paragraph (1)
shall include the following:
(A) An assessment of the roles and responsibilities
of the Under Secretary of Defense for Policy, the Deputy
Assistant Secretary of Defense for International and
Industry Engagement, and any other officials the Secretary
considers appropriate to include, to reduce overlap and
increase cooperation between components of the Depart-
ment of Defense with respect to international cooperation
activities.
(B) An identification and assessment of mechanisms
for coordination with the Department of State with respect
to such activities.
H. R. 5009—256
(C) An identification and assessment of existing tools
in the Department of Defense to support international
cooperation, including the Global Research Watch Program
and the international research offices of the military
departments.
(D) An identification of industry fora, training or
wargaming opportunities, and exercise events that could
be leveraged to support increased international cooperation
activities.
(E) An assessment of the success, as of the date of
the enactment of this Act, in integrating the defense indus-
trial bases of the United States and countries that are
allies and partners of the United States, including rec-
ommendations with respect to—
(i) goals for the end-state of that integration; and
(ii) how to integrate those goals into the strategic
planning documents and guidance of the Department
of Defense.
(F) An identification of additional opportunities for
international defense industrial base cooperation and spe-
cific challenges to acting on those opportunities.
(G) Any other matter the Secretary of Defense deter-
mines relevant.
(3) SUBMISSION TO CONGRESS.—Not later than September
1, 2025, the Secretary of Defense shall submit to the congres-
sional defense committees—
(A) the report received by the Secretary under para-
graph (1)(B); and
(B) any comments of the Secretary with respect to
such report.
(4) NONPROFIT ORGANIZATION DEFINED.—In this subsection,
the term ‘‘nonprofit organization’’ means an organization
described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code.
SEC. 904. INCREASE IN AUTHORIZED NUMBER OF DEPUTY ASSISTANT
SECRETARIES OF DEFENSE.
Section 138(e) of title 10, United States Code, is amended
by striking ‘‘60’’ and inserting ‘‘62’’.
SEC. 905. MODIFICATIONS TO THE OFFICE OF STRATEGIC CAPITAL.
(a) IN GENERAL.—Section 149 of title 10, United States Code,
is amended—
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following new sub-
section:
‘‘(e) PILOT PROGRAM
ON CAPITAL ASSISTANCE
TO SUPPORT
DEFENSE INVESTMENT IN THE INDUSTRIAL BASE.—
‘‘(1) To the extent and in such amounts as specifically
provided in advance in appropriations Acts for the purposes
detailed in this subsection, the Secretary of Defense, acting
through the Director, may carry out a pilot program under
this subsection to provide capital assistance to eligible entities
for eligible investments to develop technologies that support
the duties and elements of the Office and meet the needs
of the Department of Defense.
H. R. 5009—257
‘‘(2)(A) An eligible entity seeking capital assistance for an
eligible investment under this subsection shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require.
‘‘(B) The Director shall establish criteria for selecting
among eligible investments for which applications are sub-
mitted under subparagraph (A). The criteria shall include—
‘‘(i) the extent to which an investment supports the national
security or economic interests of the United States;
‘‘(ii) the likelihood that capital assistance provided for an
investment would enable the investment to proceed sooner than
the investment would otherwise be able to proceed; and
‘‘(iii) the creditworthiness of an investment.
‘‘(3)(A)(i) To the extent and in such amounts as specifically
provided in advance in appropriations Acts for the purposes
detailed in this subsection, the Director may provide loans
or loan guarantees to finance or refinance the costs of an
eligible investment selected pursuant to paragraph (2)(B).
‘‘(ii)(I)(aa) Except as provided under item (bb), the
interest rate on a loan provided under clause (i) shall
be not less than the yield on marketable United States
Treasury securities of a similar maturity to the maturity
of the loan on the date of execution of the loan agreement.
‘‘(bb) The Director may waive the requirement
under item (aa) with respect to an investment if the
investment is determined by the Secretary of Defense
to be vital to the national security of the United States.
‘‘(cc) The Director shall establish separate and dis-
tinct criteria for interest rates for loan guarantees
with private sector lending institutions.
‘‘(II) The final maturity date of a loan provided under
clause (i) shall be not later than 50 years after the date
on which the loan was provided.
‘‘(III) A loan provided under clause (i) may be paid
earlier than is provided for under the loan agreement with-
out a penalty.
‘‘(IV)(aa) A loan provided under clause (i) shall not
be subordinated to the claims of any holder of investment
obligations in the event of bankruptcy, insolvency, or liq-
uidation of the obligor.
‘‘(bb) The Director may waive the requirement under
item (aa) with respect to the investment in order to mitigate
risks to loan repayment.
‘‘(V) The Director may sell to another entity or reoffer
into the capital markets a loan provided under clause (i)
if the Director determines that the sale or reoffering can
be made on favorable terms.
‘‘(VI) Any loan guarantee provided under clause (i)
shall specify the percentage of the principal amount
guaranteed. If the Secretary determines that the obligor
of a loan guaranteed by the Department of Defense defaults
on the loan, the Director shall pay the holder, or such
other party, as specified in the loan guarantee agreement.
‘‘(VII) The Director shall establish a credit rating
system to ensure a reasonable assurance of repayment.
The system may include use of existing credit rating agen-
cies where appropriate.
H. R. 5009—258
‘‘(VIII) Loans and loan guarantees provided under
clause (i) shall be subject to such other terms and conditions
and contain such other covenants, representations, warran-
ties, and requirements (including requirements for audits)
as the Secretary determines appropriate.
‘‘(IX) Loans and loan guarantees provided under clause
(i) shall be subject to the requirements of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
‘‘(B) Subject to appropriations Acts, the Director may
provide technical assistance with respect to developing and
financing investments to eligible entities seeking capital
assistance for eligible investments and eligible entities
receiving capital assistance under this subsection.
‘‘(C)(i) To the extent and in such amounts as specifically
provided in advance in appropriations Acts for the purposes
detailed in this subsection, the Director shall provide to
an eligible investment selected pursuant to paragraph
(2)(B) the amount of capital assistance necessary to carry
out the investment.
‘‘(ii) All financial transactions conducted under this
subsection shall be conducted in United States dollars.
‘‘(4) The requirements of subsection (d) shall apply to
eligible investments under this subsection.
‘‘(5)(A)(i) There is established in the Treasury of the United
States a Department of Defense Credit Program Account to
make and guarantee loans under this subsection in accordance
with section 502 of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a).
‘‘(ii) The Credit Program Account shall consist of
amounts appropriated pursuant to the authorization of
appropriations.
‘‘(B) To the extent and in such amounts as specifically
provided in advance in appropriations Acts for the purposes
detailed in this subsection, the Director is authorized to pay,
from amounts in the Department of Defense Credit Program
Account—
‘‘(i) the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and
loan guarantees and other capital assistance;
‘‘(ii) administrative expenses associated with activities
under this subsection;
‘‘(iii) project-specific transaction costs; and
‘‘(iv) the cost of providing support authorized by this
subsection.
‘‘(6) The Secretary of Defense may prescribe such regula-
tions as the Secretary determines to be appropriate to carry
out this subsection.
‘‘(7) Not later than the first Monday in February of a
fiscal year, the Secretary of Defense shall submit to the congres-
sional defense committees an annual report describing activities
carried out pursuant to this subsection in the preceding fiscal
year and the goals of the Department of Defense in accordance
with this subsection for the next fiscal year.
‘‘(8) The Secretary of Defense shall notify the congressional
defense committees not later than 30 days after a use of loans,
loan guarantees, or technical assistance under this subsection.
H. R. 5009—259
‘‘(9)(A) The authority of the Director to make new loans
and provide new loan guarantees under subparagraph (A)(i)
of paragraph (3) shall expire on October 1, 2028. Any loans
or loan guarantees provided under such subparagraph that
are outstanding as of such date shall continue to be subject
to the terms, conditions, and other requirements of this sub-
section.
‘‘(B) The authority of the Director to provide technical
assistance to eligible entities under subparagraph (B) of para-
graph (3) shall expire on October 1, 2028.’’; and
(3) in subsection (f), as so redesignated—
(A) in paragraph (2), by adding at the end the following
new subparagraphs:
‘‘(FF) Strategic maritime infrastructure.
‘‘(GG) Critical minerals and materials.’’; and
(B) by adding at the end the following new paragraph:
‘‘(5) The term ‘obligor’ means a party that is primarily
liable for payment of the principal or interest on a loan.’’.
(b) CONFORMING
REPEAL.—Section 903(b) of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31; 10 U.S.C. 4811 note) is repealed.
SEC. 906. LIMITATION ON AVAILABILITY OF FUNDS UNTIL DEPART-
MENT OF DEFENSE COMPLIES WITH CERTAIN LEGAL
REQUIREMENTS.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2025 for the Office of
the Assistant Secretary of Defense for Legislative Affairs, not more
than 90 percent may be obligated or expended until the date on
which the Deputy Secretary of Defense certifies to the congressional
defense committees that the Department of Defense has imple-
mented section 1046 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10
U.S.C. 111 note).
SEC. 907. MATTERS RELATING TO ASSISTANT SECRETARY OF DEFENSE
FOR SPECIAL OPERATIONS AND LOW INTENSITY CON-
FLICT.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall—
(1) using a systematic approach, identify and update rel-
evant policies, processes, and policy guidance of the Department
of Defense to fully implement and institutionalize the position
of Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict (in this section referred to as the ‘‘Assist-
ant Secretary’’) to ensure that the Assistant Secretary exercises
authority, direction, and control of all special-operations
peculiar administrative matters relating to the organization,
training, and equipping of special operations forces as required
under section 138(b)(2)(A)(i) of title 10, United States Code,
including—
(A) special operations budgeting and programming,
legislative affairs, operations, personnel, and public affairs
activities; and
(B) protocols for participation in decision-making fora
of the Department involving special operations forces;
(2) develop a long-term staffing plan for the Secretariat
for Special Operations established under section 139b(a) of
H. R. 5009—260
title 10, United States Code, that incorporates strategic
workforce planning principles, including an articulation of the
mission of the Secretariat, an identification of critical skill
gaps, and a strategy to hire personnel to address such gaps;
(3) produce written departmental guidance to clarify the
respective administrative roles of the Under Secretary of
Defense for Policy and the Assistant Secretary, including guid-
ance to ensure adequate support for the Secretariat from Wash-
ington Headquarters Services, the Office of the Director of
Administration and Management, Joint Service Provider, and
other administrative offices of the Department;
(4) establish a process for development, coordination, and
issuance by the Assistant Secretary of special operations
instructions and other Department-wide policies, instructions,
directive-type memorandums, or other documents consistent
with the responsibilities assigned to the Assistant Secretary;
(5) establish a process for the Assistant Secretary and
the Commander of the United States Special Operations Com-
mand to monitor the promotions of members of special oper-
ations forces and coordinate with the military departments
regarding the assignment, retention, training, professional mili-
tary education, and special and incentive pays of members
of special operations forces consistent with the responsibilities
assigned to the Assistant Secretary and the Commander; and
(6) establish a Center for Special Operations Analysis to
lead special operations-related analysis for the Department and
ensure senior civilian and military leaders have adequate
analytical support for decision making related to the organiza-
tion, training, equipping, and employment of special operations
forces.
(b) PLAN REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a plan, including appro-
priate milestones and timelines for completion, for achieving the
requirements under subsection (a).
SEC. 908. INCLUSION IN DEFENSE PLANNING GUIDANCE OF GUIDANCE
ON SIZE, STRUCTURE, AND POSTURE OF SPECIAL OPER-
ATIONS FORCES.
(a) IN GENERAL.—As part of the annual Defense Planning Guid-
ance issued under section 113(g)(2)(A) of title 10, United States
Code, the Secretary of Defense shall include guidance with respect
to the size, structure, posture, and other force development planning
priorities specific to special operations forces.
(b) REPORT REQUIRED.—
(1) IN
GENERAL.—Not later than March 1, 2025, and
annually thereafter for five years, the Secretary of Defense
shall submit to the congressional defense committees a report
detailing how the Defense Planning Guidance issued under
section 113(g)(2)(A) of title 10, United States Code, specifically
accounts for the size, structure, posture, and other force
development planning priorities specific to special operations
forces necessary—
(A) to support the National Defense Strategy under
section 113(g)(1) of that title; and
(B) to carry out the special operations activities speci-
fied in section 167(k) of that title.
H. R. 5009—261
(2) ELEMENTS.—The annual report required by paragraph
(1) shall, at a minimum—
(A) describe specific actions taken by the Secretary
of the Army, the Secretary of the Air Force, and the Sec-
retary of the Navy to coordinate requirements for the
organization, training, and equipping of special operations
forces with the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict, consistent with
responsibilities and authorities of the Assistant Secretary
under section 138(b)(2)(A) of title 10, United States Code,
in order to achieve the objectives of—
(i) the National Defense Strategy;
(ii) the Joint Warfighting Concept;
(iii) the Joint Concept for Competing; and
(iv) the Strategy for Operations in the Information
Environment; and
(B) include specific recommendations developed by the
Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict, in coordination with the Com-
mander of the United States Special Operations Command,
for the size, organization, budget, training, and equipping
of special operations forces to meet the objectives of the
strategies and concepts specified in clauses (i) through
(iv) of subparagraph (A).
SEC. 909. REVIEW OF ROLES AND RESPONSIBILITIES OF THE CHIEF
TALENT MANAGEMENT OFFICER AND THE OFFICE OF THE
UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND
READINESS.
(a) REVIEW REQUIRED.—The Secretary of Defense shall seek
to enter into a contract or other agreement with a qualified
organization to conduct a review of—
(1) the roles and responsibilities of the Chief Talent
Management Officer of the Department of Defense; and
(2) the structure, mission, and operation of the Office of
the Under Secretary of Defense Personnel and Readiness.
(b) ELEMENTS.—In carrying out the review under subsection
(a), the qualified organization concerned shall—
(1) develop a strategy for the implementation of the position
of the Chief Talent Management Officer of the Department
of Defense pursuant to which the Officer shall be responsible
for—
(A) serving as the principal staff assistant to the Sec-
retary of Defense and Deputy Secretary of Defense on
matters relating to total force talent management within
the Department of Defense, including talent management
for military personnel (including members of the active
and reserve components of the Armed Forces) and civilian
personnel of the Department;
(B) developing and implementing the overall talent
strategy for military and civilian personnel in the Depart-
ment of Defense, which shall include working across the
military departments, Joint Staff, Office of the Secretary
of Defense, and with interagency partners to lead the total
force talent acquisition and management efforts of the
Department;
H. R. 5009—262
(C) overseeing updates and reforms for remote and
hybrid work, the use of enabling technology, practices for
developing and tracking talent, and encouraging movement
of talent across components, agencies, and non-govern-
mental entities to help promote flexible career pathways
and increase retention;
(D) matching talent to needs within the Department
and integrate broad upskilling and reskilling programs to
create the future national defense workforce;
(E) coordinating all talent programs within the Depart-
ment, including by developing pathways for permeability
between uniformed and non-uniformed service opportuni-
ties and opportunities in the private sector;
(F) maintaining, strengthening, and improving the
Department’s use of competitive service hiring authorities
under title 5, United States Code, and the authorities avail-
able under section 129 of title 10, United States Code,
to ensure the Department recruits and retains a strong
and professional civilian workforce;
(G) studying and promoting best practices for workforce
development from the government, nonprofit, academic,
and private sectors;
(H) serving as the principal liaison between the Depart-
ment and the national security talent industrial and
innovation base;
(I) carrying out programs, projects, and other activities
to strengthen the national security talent industrial and
innovation base;
(J) identifying rules, regulations, policies, and guidance
related to military and civilian talent management that
require change for the purposes of achieving efficiencies
and meeting the personnel needs of the Department;
(K) coordinating with the Joint Staff and the Com-
manders of the combatant commands to identify talent
needs to meet operational challenges;
(L) developing an employer brand for the Department
of Defense that positions the Department as a sought after
employer;
(M) developing a capability to rapidly prototype
workforce development and talent acquisition approaches
with non-profit, academic, Government, and private sector
agencies and organizations;
(N) seeking partnerships with multiple intermediary
organizations, including academic institutions and other
key stakeholders in the talent industrial and innovation
base, to carry out activities to support the development
of pools of qualified individuals with the skills and expertise
necessary to meet critical personnel needs of the Depart-
ment of Defense, which may include activities such as
the identification, training, and vetting of critical talent
for the Department, including individuals with expertise
relating to artificial intelligence, biotechnology, cybersecu-
rity, materials and manufacturing, business processes, ven-
ture capital, financial markets, and other critical areas;
and
H. R. 5009—263
(O) carrying out such other duties relating to talent
management as may be assigned by the Secretary of
Defense;
(2) develop recommendations for any additional authorities
or funding that may be required for the Chief Talent Manage-
ment Officer to carry out the responsibilities specified in para-
graph (1);
(3) review the structure of the Office of the Under Secretary
of Defense for Personnel and Readiness and evaluate the ability
of that Office to effectively address total force talent manage-
ment, including military and civilian personnel; and
(4) develop recommendations for restructuring the Office
of the Under Secretary of Defense for Personnel and Readiness
to ensure the Office is able to effectively address total force
talent management as described in paragraph (3) and support
the Chief Talent Management Officer in carrying out the
responsibilities described in paragraph (1).
(c) REPORT.—Not later than January 1, 2026, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
results of the review conducted under subsection (a). Such report
shall include—
(1) the results of the review with respect to each element
specified in subsection (b); and
(2) such other information as the Secretary determines
appropriate.
(d) QUALIFIED ORGANIZATION DEFINED.—In this section, the
term ‘‘qualified organization’’ means an independent organization
with experience in the field of talent acquisition and management,
as determined by the Secretary of Defense.
SEC. 910. PLAN FOR ADEQUATE STAFFING OF OFFICE OF ASSISTANT
SECRETARY OF DEFENSE FOR INDUSTRIAL BASE POLICY
AND JOINT PRODUCTION ACCELERATOR CELL.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a plan for adequately
staffing the Office of the Assistant Secretary of Defense for Indus-
trial Base Policy and the Joint Production Accelerator Cell to advise
and generate options for the Under Secretary of Defense for Acquisi-
tion and Sustainment relating to the duties described in section
133b(b)(3) of title 10, United States Code, including—
(1) identifying Chinese military companies, contracting
restrictions, and transactions involving foreign entities;
(2) outbound investment monitoring; and
(3) supply chain analysis, supplier health analysis, produc-
tion capacity analysis, and such other analyses as the Under
Secretary may require.
(b) ELEMENTS.—The plan required by subsection (a) shall
include the following:
(1) An estimate of—
(A) the number of personnel necessary to fulfill the
responsibilities of the Office of the Assistant Secretary
of Defense for Industrial Base Policy and the Joint Produc-
tion Accelerator Cell in supporting the Under Secretary
of Defense for Acquisition and Sustainment relating to
H. R. 5009—264
the duties described in section 133b(b)(3) of title 10, United
States Code; and
(B) associated funding across the period covered by
the most recent future-years defense program under section
221 of that title.
(2) A hiring plan, with milestones, for gradually increasing
the number of personnel in the Office of the Assistant Secretary
of Defense for Industrial Base Policy and the Joint Production
Accelerator Cell to the number described in paragraph (1)(A).
(3) A breakdown of the optimal mix of military, civilian,
and contractor personnel in the Office of the Assistant Secretary
of Defense for Industrial Base Policy and the Joint Production
Accelerator Cell.
(4) An identification of any anticipated funding shortfalls
for personnel in the Office of the Assistant Secretary of Defense
for Industrial Base Policy and the Joint Production Accelerator
Cell across the period covered by the most recent future-years
defense program.
(5) Any other matters the Secretary of Defense determines
relevant.
Subtitle B—Other Department of Defense
Organization and Management Matters
SEC. 921. DEPARTMENT OF DEFENSE SENIOR INTELLIGENCE OVER-
SIGHT OFFICIAL.
(a) IN GENERAL.—Subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following:
‘‘§ 430c. Senior intelligence oversight official
‘‘(a) ESTABLISHMENT.—The Secretary of Defense, or a designee
of the Secretary determined by regulations prescribed by the Sec-
retary, shall designate a civilian employee of the Department of
Defense in the Senior Executive Service to serve as the Senior
Intelligence Oversight Official.
‘‘(b) RESPONSIBILITIES.—The Senior Intelligence Oversight Offi-
cial shall conduct independent oversight of all intelligence, counter-
intelligence, and intelligence-related activities of the Department
of Defense and shall have such other related responsibilities as
may be determined by the Secretary.
‘‘(c) ACCESS.—The Senior Intelligence Oversight Official shall
have—
‘‘(1) access to all information necessary to carry out the
responsibilities and functions of the Senior Intelligence Over-
sight Official, as determined by the Secretary; and
‘‘(2) direct access to the Secretary of Defense and the
Deputy Secretary of Defense, as circumstances require in the
determination of the Senior Intelligence Oversight Official.’’.
(b) REVIEW OF REGULATIONS.—The Secretary of Defense shall
review and update, as appropriate, Department of Defense Directive
5148.13, and any associated or successor regulation or directive,
to conform to section 430c of title 10, United States Code, as
added by subsection (a).
H. R. 5009—265
SEC. 922. CODIFICATION OF THE JOINT FEDERATED ASSURANCE
CENTER.
(a) IN GENERAL.—Subchapter III of chapter 303 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 4128. Joint Federated Assurance Center
‘‘(a) ESTABLISHMENT.—There is in the Office of the Under Sec-
retary of Defense for Research and Engineering a Joint Federated
Assurance Center (referred to in this section as the ‘Center’).
‘‘(b) PURPOSE.—The purpose of the Center shall be to serve
as a joint, Department-wide federation of organizations and
capabilities to support the assurance needs of the Department of
Defense by ensuring, pursuant to policies related to hardware and
software assurance and supply chain risk management, that the
software and hardware developed, acquired, maintained, and used
by the Department are free from intentional and unintentional
vulnerability during the life-cycle of development and deployment
of assured, trustworthy defense systems.
‘‘(c) GOVERNANCE.—
‘‘(1) The Center shall be governed by an Executive Steering
Group. The Executive Steering Group shall continually evaluate
the Center’s capabilities to support the hardware and software
assurance needs of the Department.
‘‘(2) The Executive Steering Group shall be composed of
one or more representatives from each of the organizations
that comprise the Center.
‘‘(3) The Under Secretary of Defense for Research and
Engineering and the Under Secretary of Defense for Acquisition
and Sustainment shall serve as co-Chairpersons of the Execu-
tive Steering Group.
‘‘(d) DUTIES.—The duties of the Center are as follows:
‘‘(1) Providing knowledge management capabilities for
hardware and software assurance for the Department.
‘‘(2) Providing Department-wide visibility on strategy, use
cases, procurement, investment, and other relevant activities
to aggregate, to the extent practicable, assurance tool purchases
by the Department.
‘‘(3) Developing and standardizing policies, procedures,
competencies, risk assessment methodologies, and independent
validation and verification test capabilities—
‘‘(A) to support timely and cost-effective fielding of
current and future technologies to the Department;
‘‘(B) to ensure sustainment of enduring capability needs
across the life-cycle of Department of Defense programs
and determine the sustainment factors related to the assur-
ance of future hardware and software systems;
‘‘(C) to increase efficiencies across Department of
Defense programs through the use of emerging assurance
technologies; and
‘‘(D) to leverage economies of scale through coordinated
acquisition and use of hardware and software assurance
technologies.
‘‘(4) Promoting assurance capabilities for hardware and
software assurance—
‘‘(A) to mature assessment criteria and enable scalable
deployment of commercial best practices, such as through
H. R. 5009—266
the fostering and maturation of evidence-based assurance
of trusted defense microelectronics system needs, with
emphasis on commercial security protocols that are
transferable to defense applications;
‘‘(B) to scale the Center for Department-wide access,
through the resourcing of adequate personnel to address
standardization and automation of data collection and anal-
ysis;
‘‘(C) to utilize data from commercial assurance proc-
esses to support the development of Department hardware
and software that meet standards, applications, and
requirements, including through comparative analysis and
data modeling;
‘‘(D) to seek and apply commercial best practices, where
practicable, through industry collaboration; and
‘‘(E) to develop and align Department policy, invest-
ments, and activities with commercial best practices, to
the extent practicable.
‘‘(5) For contracts for application-specific integrated circuits
designed by defense industrial base contractors, develop guid-
ance for—
‘‘(A) the consideration of evidence-based assurance
processes and techniques that are included in the contract
data requirements list, to the extent practicable;
‘‘(B) the use of commercial best practices, as applicable,
for confidentiality, integrity and availability; and
‘‘(C) the development of a library of certified third-
party intellectual property for reuse, including streamlining
legal mechanisms for data collection and sharing, and
enhanced use of automation technology to achieve effi-
ciency.
‘‘(6) The assessment, creation, prototyping, maturation, and
maintenance of relevant assurance practices, including the
validation and maturation of evidence based assurance
methods, for the development, procurement, and deployment
of hardware and software assurance tools and processes,
including—
‘‘(A) development and assessment of validation methods
for such processes and techniques, in coordination with
the developmental and operational test and evaluation
community, as the Executive Steering Group determines
necessary;
‘‘(B) development and assessment of threat models that
comprehensively characterize the threat to microelectronics
confidentiality, integrity, and availability across the entire
supply chain, and the design, production, packaging, and
deployment cycle to support risk management and risk
mitigation; and
‘‘(C) support development of guides to inform use and
decision-making by program evaluators, program offices,
and industry to meet software and hardware assurance
requirements.
‘‘(e) REVISED CHARTER.—Not later than 180 days after the
date of the enactment of this section, the Secretary of Defense
shall issue a revised charter for the Center. The charter shall
set forth—
H. R. 5009—267
‘‘(1) the role and authorities of the Center and the Executive
Steering Group;
‘‘(2) the requirement of the Center to establish guidelines
for the development of improved software code vulnerability
analysis and testing tools;
‘‘(3) the requirement of the Center to establish guidelines
for the development of improved hardware vulnerability testing
and protection tools; and
‘‘(4) the manner in which the Center will connect to the
Department’s major governance and resourcing processes to
ensure the continuation of Center duties.’’.
(b) BRIEFING REQUIRED.—Not later than 240 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the status of—
(1) the establishment of the Joint Federated Assurance
Center under section 4218 of title 10, United States Code,
as added by subsection (a); and
(2) the revisions to the charter of the Center required
under subsection (e) of such section 4128.
(c) CONFORMING REPEAL.—Section 937 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10
U.S.C. 2224 note) is repealed.
SEC. 923. CODIFICATION OF ADDITIONAL STAFF CORPS OF THE NAVY.
(a) CODIFICATION.—Section 8090 of title 10, United States Code,
is amended, in subsection (a)—
(1) in paragraph (4), by striking ‘‘and’’;
(2) by redesignating paragraph (5) as paragraph (9); and
(3) by inserting, after paragraph (4), the following new
paragraphs:
‘‘(5) the Supply Corps;
‘‘(6) the Civil Engineer Corps;
‘‘(7) the Nurse Corps;
‘‘(8) the Medical Service Corps; and’’.
(b)
CONFORMING
AMENDMENT.—Such
section
is
further
amended, in subsection (b)(1), by striking ‘‘Medical Corps, the
Dental Corps, the Judge Advocate General’s Corps, and the Chap-
lain Corps’’ and inserting ‘‘staff corps specified in subsection (a)’’.
SEC. 924. ESTABLISHMENT OF OFFICE OF EXPANDED COMPETITION.
(a) IN GENERAL.—Chapter 903 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 9025. Office of Expanded Competition
‘‘(a) ESTABLISHMENT.—There is in the Office of the Secretary
of the Air Force an office to be known as the Office of Expanded
Competition (in this section referred to as the ‘Office’).
‘‘(b) DIRECTOR.—The head of the Office shall be the Director.
The Director shall be appointed by the Secretary of the Air Force
from among employees of the Department of Defense with requisite
subject matter expertise who—
‘‘(1) are in a Senior Executive Service position (as defined
in section 3132 of title 5) at the time of appointment; or
‘‘(2) are not in a Senior Executive Service position at the
time of appointment, but meet the Executive Core Qualifica-
tions (ECQs) for such a position.
‘‘(c) DUTIES.—The duties of the Office are as follows:
H. R. 5009—268
‘‘(1) In consultation with other components of the Depart-
ment of Defense and the Federal Government, conduct coordi-
nated and integrated assessments of adversarial capital flows
into industries or businesses of interest to the Department
of Defense.
‘‘(2) Identify and prioritize promising critical technologies
and assets for the Joint Force in need of capital assistance,
including critical technologies and assets available from foreign
entities.
‘‘(3) Fund investments in such technologies and assets,
including supply chain technologies not always supported
through direct investment.
‘‘(4) Support the coordination and outreach efforts of tech-
nology scouting and acquisition elements within the Depart-
ment of Defense to enable investment decision-making by those
elements that counteract entities employing adversarial capital
flows against industries or businesses described in paragraph
(1), including the employment of relevant authorities vested
in other components of the Department and the Federal Govern-
ment.
‘‘(5) Identify, accelerate, and sustain the establishment,
research, development, construction, procurement, leasing,
consolidation, alteration, improvement, modernization, and
repair of tangible and intangible assets vital to the national
security of the United States.
‘‘(6) Help the Department of Defense provide capital assist-
ance to entities, including foreign entities, engaged in invest-
ments that facilitate the efforts of the Department.
‘‘(7) Experiment, prototype, test, or validate Government-
developed or commercially developed analytical tools, processes,
and tradecraft to improve the due diligence and investment
analysis processes for the Department of Defense, including
the employment of relevant delegated authorities vested in
other components of the Department and the Federal Govern-
ment.
‘‘(8) Assist the Secretary of Defense in developing access
and placement using commercial means.
‘‘(9) Otherwise engage with, coordinate, and collaborate
with other components of the Department of Defense and the
Federal Government to maximize efficiencies and promote
whole-of-government solutions to protect the national security
of the United States.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘adversarial capital flow’ means an invest-
ment by—
‘‘(A) the government of a country that is an adversary
of the United States; or
‘‘(B) an entity organized under the laws of, or otherwise
subject to the jurisdiction of, such a country.
‘‘(2) The term ‘capital assistance’ means a loan, loan guar-
antee, or technical assistance.’’.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide
to the congressional defense committees a briefing on the status
of the implementation of the Office of Expanded Competition as
required under section 9025 of title 10, United States Code (as
added by subsection (a)).
H. R. 5009—269
SEC. 925. COUNTER UNMANNED AERIAL SYSTEMS TASK FORCE.
(a) IN GENERAL.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall establish,
or designate from existing organizations and personnel of the
Department of Defense, a counter unmanned aerial systems task
force, to be known as the ‘‘C-UAS Task Force’’.
(b) REVIEW OF MEMORANDA AND DIRECTIVES.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff, acting through the
C-UAS Task Force, shall review and, if necessary, consolidate
and update all Department of Defense memoranda and direc-
tives related to the countering of unmanned aircraft systems
in United States airspace to provide clarity to and an expedited
decision-making process for commanders with respect to effec-
tively countering unmanned aircraft systems or unmanned air-
craft incursions at military installations in the United States.
(2) INCLUDED MEMORANDA AND DIRECTIVES.—The memo-
randa and directives required to be reviewed and, if necessary,
consolidated and updated under paragraph (1) include the fol-
lowing:
(A) The Counter-Small Unmanned Aircraft Systems
Strategy of the Department of Defense, dated January
7, 2021.
(B) The Deputy Secretary of Defense Memorandum
entitled ‘‘Risk-based Assessment in Support of Counter-
Unmanned Aircraft Activities to Protect DOD Facilities
and Assets’’ and dated May 7, 2020.
(C) Deputy Secretary of Defense Policy Memorandum
16–003,
entitled
‘‘Interim
Guidance
for
Countering
Unmanned Aircraft’’ and dated August 18, 2016.
(D) Deputy Secretary of Defense Policy Memorandum
17–00X, entitled ‘‘Supplemental Guidance for Countering
Unmanned Aircraft’’ and dated July 5, 2017.
(E) Chairman of the Joint Chiefs of Staff Notice 3124,
entitled ‘‘Interim Guidance for Countering Unmanned Air-
craft’’ and dated February 8, 2017.
(F) Other related general administrative notices of the
Joint Staff.
(G) Any other associated memoranda or directives of
the Department of Defense relating to unmanned aircraft
systems, as the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff determine necessary.
(c) ISSUANCE OF UPDATED GUIDANCE.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
issue new memoranda, directives, and guidance related to
authorities to counter unmanned aircraft systems.
(2) DISSEMINATION
TO
INSTALLATION
COMMANDERS.—The
Secretary of Defense shall ensure that memoranda, directives,
and guidance issued under paragraph (1), and any subsequent
memoranda, directives and guidance, are included in pre-
briefings for any officers that assume command of a military
installation in the United States on or after July 1, 2025.
(3) STANDARD
OPERATING
PROCEDURES
FOR
MILITARY
INSTALLATIONS.—
H. R. 5009—270
(A) IN GENERAL.—Not later than 60 days after the
issuance of the memoranda, directives, and guidance
required by paragraph (1), each commander of a military
installation shall issue operating procedures specific to
their military installation for countering unmanned aircraft
systems at the installation.
(B) EXTENSION
DURING
CHANGES
IN
COMMAND.—If
there is a change of command of a military installation
during the 60-day period described in subparagraph (A),
the incoming commander of the installation shall issue
operating procedures specific to their military installation
required by that subparagraph not later than 60 days
after receiving the pre-briefing described in paragraph (2).
(d) REPORT ON EXISTING TRAINING EFFORTS.—Not later than
120 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
a report on the counter-unmanned aircraft systems training efforts
of the Department of Defense in effect as of the date of the enact-
ment of this Act. The report shall include—
(1) a description of any training that is commonly provided
to members of the Armed Forces on countering threats posed
by unmanned aircraft systems; and
(2) a summary of the training curriculum that is provided
for installation commanders and deployed forces to counter
unmanned aircraft systems.
SEC. 926. AFFILIATE RELATIONSHIPS BETWEEN ARMY SPECIAL OPER-
ATIONS FORCES AND COMBAT-ENABLING UNITS OF GEN-
ERAL PURPOSE FORCES.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2025 for the Department of Defense may be obligated or expended
to complete the special operations force structure reductions
described in subsection (b) until the date on which the assessment
required under subsection (c) is submitted to the congressional
defense committees.
(b) FORCE STRUCTURE REDUCTIONS DESCRIBED.—The special
operations force structure reductions described in this subsection
are the proposed reductions to the end strengths of the special
operations forces of the Army announced by the Army on February
27, 2024, as part of the Total Army Analysis process.
(c) ASSESSMENT OF FEASIBILITY AND ADVISABILITY OF AFFILIATE
RELATIONSHIPS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army and
the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict shall jointly submit to the congressional
defense committees a report assessing the feasibility and advis-
ability of establishing affiliate relationships between units of
the Army special operations forces and Army general purpose
forces for the purpose of enhancing military readiness and
effectiveness.
(2) ELEMENTS.—The report required by paragraph (1) shall
include, at a minimum, the following:
(A) An assessment of the feasibility and advisability
of establishing formal affiliate relationships between units
of the Army special operations forces and combat-enabling
H. R. 5009—271
units of the Army general purpose forces, including units
that perform the following missions:
(i) Logistics.
(ii) Intelligence.
(iii) Communications.
(iv) Explosive ordnance disposal.
(v) Electronic warfare.
(vi) Rotary wing support.
(vii) Combat medicine.
(viii) Information operations.
(ix) Civil affairs.
(x) Such other missions as the Secretary and the
Assistant Secretary consider relevant.
(B) A summary of organic forces and assigned forces
conducting the missions described in subparagraph (A) for
Army special operations forces as of the date of the enact-
ment of this Act.
(3) CONSIDERATIONS.—In developing the report required
by paragraph (1), the Secretary and the Assistant Secretary
shall take into account the following:
(A) The enabling requirements of both the Army special
operations forces and the Army general purpose forces.
(B) The availability of high-demand, low-density
enabling capabilities of the Army general purpose forces.
(C) Deployment-to-dwell standards.
(D) The ability of Army general purpose forces and
Army special operations forces to fulfill current service
specific and joint force requirements.
(d) PLAN FOR ESTABLISHING AFFILIATE RELATIONSHIPS.—If, in
the report required by subsection (c)(1), the Secretary and the
Assistant Secretary determine that it is feasible and advisable
to establish formal affiliate relationships between units of the Army
special operations forces and combat-enabling units of the Army
general purpose forces, then, not later than 270 days after the
date of the enactment of this Act, the Secretary and the Assistant
Secretary shall jointly submit to the congressional defense commit-
tees a plan for establishing such relationships that includes, at
a minimum, an identification of units to be affiliated and a timeline
for doing so.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘affiliate relationship’’ means a habitual rela-
tionship between a unit or units of the Army special operations
forces and a combat-enabling unit or units of the Army general
purpose forces pursuant to which the general and special oper-
ations forces units regularly train together, conduct exercises
together, and when required, deploy together.
(2) The term ‘‘special operations forces’’ means the forces
identified under section 167(j) of title 10, United States Code,
or a member of the Armed Forces carrying out special oper-
ations activities.
(3) The term ‘‘special operations activities’’ means activities
described in section 167(k) of title 10, United States Code,
and includes any support services provided for the execution
such activities, including logistics, communications, and intel-
ligence activities.
H. R. 5009—272
SEC. 927. FORCE SIZING METHODOLOGY.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall develop
a methodology for analyzing United States military force sizing
necessary to conduct activities below the threshold of traditional
armed conflict in support of strategic competition, including the
following:
(1) Campaigning.
(2) Building capacity of and security cooperation with
partner countries.
(3) Information operations.
(4) Civil affairs.
(5) Irregular warfare.
(6) Operational preparation of the environment.
(b) REPORT REQUIRED.—Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the methodology
developed under subsection (a) that includes, at a minimum, the
following:
(1) An explanation of the methodology and how the method-
ology is intended to be applied to future force sizing analysis.
(2) An articulation of the roles and responsibilities of rel-
evant officials, branches of the Armed Forces, and commands
in utilizing the methodology.
(3) Such other matters as the Secretary considers relevant.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Repeal of audit incentive element in report requirement of Financial Im-
provement and Audit Remediation Plan.
Sec. 1003. Authority to use Defense Modernization Account funds for time-sensitive
equipment modernization.
Sec. 1004. Extension of audit requirement for Department of Defense components.
Sec. 1005. Revision of Department of Defense financial management regulation.
Sec. 1006. Establishment of cross-functional team to oversee implementation of rec-
ommendations of Commission on Planning, Programming, Budgeting,
and Execution Reform.
Sec. 1007. Use of technology using artificial intelligence to facilitate audit of the fi-
nancial statements of the Department of Defense for fiscal year 2025.
Subtitle B—Counterdrug Activities
Sec. 1011. Support for counterdrug activities affecting flow of drugs into United
States.
Sec. 1012. Authority for detection and monitoring of illegal drugs regardless of des-
tination.
Sec. 1013. Review, assessment, and analysis of governance structure and strategy
of Department of Defense counter-narcotics and counter-transnational
organized crime activities.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Briefing required in the event of a proposed reduction in battle force
ships as part of the annual naval vessel construction plan and certifi-
cation.
Sec. 1022. Modification of authority to purchase used vessels under the National
Defense Sealift Fund.
Sec. 1023. Modifications to ship repair authorities.
Sec. 1024. Improving Navy assessments required prior to start of construction on
first ship of a shipbuilding program.
Sec. 1025. Prohibition on contracting with shipyards controlled by a foreign adver-
sary country.
H. R. 5009—273
Sec. 1026. Exception to prohibition of overhaul, repair, or maintenance of certain
vessels in shipyards outside the United States or Guam.
Sec. 1027. Strategy on development of naval rearm at sea capability.
Sec. 1028. Authority to use incremental funding for the Virginia-class submarine
program.
Sec. 1029. Authority to use incremental funding to enter into a contract for the con-
struction of an Arleigh Burke class destroyer.
Sec. 1030. Pilot program on use of automated inspection technologies at shipyards.
Sec. 1031. Requirements for the unmanned maritime autonomy architecture.
Sec. 1032. Competitive demonstration of large and extra large unmanned under-
water vehicles.
Sec. 1033. Requirement for mature ship design.
Subtitle D—Counterterrorism
Sec. 1041. Extension of prohibition on use of funds for transfer or release of indi-
viduals detained at United States Naval Station, Guantanamo Bay,
Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or release of indi-
viduals detained at United States Naval Station, Guantanamo Bay,
Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1051. Authority to contribute to innovation fund.
Sec. 1052. Extension of authority for reimbursement of expenses for certain Navy
mess operations.
Sec. 1053. Assessments of casualties and fatalities during hostilities.
Sec. 1054. Establishment of major mishap incident designation classification for
Department of Defense incidents.
Sec. 1055. Prohibition on use of funds for EcoHealth Alliance and the Wuhan Insti-
tute of Virology.
Sec. 1056. Prohibition on Department of Defense transportation of currency to
Taliban or Islamic Emirate of Afghanistan.
Sec. 1057. Prohibition on use of funds for the Badr Organization and related orga-
nizations.
Sec. 1058. Limitation on use of funds pending provision of briefing on reliance of
People’s Liberation Army on imported fossil fuels for energy.
Sec. 1059. Prohibition on use of funds to support entertainment projects with ties
to the Government of the People’s Republic of China.
Subtitle F—Studies and Reports
Sec. 1061. Chief of Navy Reserve annual report.
Sec. 1062. Modification and extension of requirement for combatant command risk
assessment for airborne intelligence, surveillance, and reconnaissance.
Sec. 1063. Extension of briefing requirement regarding civil authorities at the
Southwest border.
Sec. 1064. Extension of annual report on civilian casualties in connection with
United States military operations.
Sec. 1065. Review of irregular warfare authorities.
Sec. 1066. Reports on approval and deployment of lethal autonomous weapon sys-
tems.
Sec. 1067. Congressional notice regarding execute orders issued at the direction of
the President or the Secretary of Defense.
Sec. 1068. Mobility capability requirements study.
Sec. 1069. Biodefense posture reviews.
Sec. 1070. Briefings on attempts by aliens and foreign actors to access military in-
stallations without authorization.
Sec. 1071. Report on resourcing of Arctic Strategy.
Sec. 1072. Analyses and reports on air superiority of the Joint Force.
Sec. 1073. Exercise for countering unmanned aerial systems.
Sec. 1074. Report on operational plans of the Department of Defense.
Sec. 1075. Quarterly reports on funerals at Arlington National Cemetery on hold
until caisson services resume.
Sec. 1076. Plan for enhancement of special operations riverine capability.
Sec. 1077. Annual reports on the Postsecondary Education Complaint System.
Sec. 1078. Study and report on Department of Defense use of unmanned ground ve-
hicle systems manufactured by certain foreign entities.
H. R. 5009—274
Subtitle G—Other Matters
Sec. 1081. Introduction of entities in transactions critical to national security.
Sec. 1082. Installation energy plans and assessment for reduction of reliance on
Russian energy.
Sec. 1083. Extension of the National Commission on the Future of the Navy.
Sec. 1084. Modification of National Security Commission on Emerging Bio-
technology.
Sec. 1085. Modification of defense sensitive support notification requirement.
Sec. 1086. Plan for additional skill identifiers for Army Mountain Warfare School.
Sec. 1087. Establishment of Department of Defense working group on multilateral
artificial intelligence coordination.
Sec. 1088. Resumption of caisson services at funeral services at Arlington National
Cemetery.
Sec. 1089. Liaison with Counter Unmanned Aerial Systems Task Force.
Sec. 1090. Responding to unmanned aircraft systems incursions.
Sec. 1091. Prioritization of accreditation of sensitive compartmented information fa-
cilities supporting DX-rated programs.
Sec. 1092. Establishment of national security capital forum.
Sec. 1093. Implementation of Comptroller General recommendations relating to the
food program of the Department of Defense.
Sec. 1094. Pilot program to provide military aircraft support to air shows.
Subtitle A—Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2025 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations
so transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) LIMITATION.—Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under
the
authority
of
this
section
may
not
exceed
$6,000,000,000.
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
MILITARY
PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) LIMITATIONS.—The authority provided by subsection (a) to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
H. R. 5009—275
SEC. 1002. REPEAL OF AUDIT INCENTIVE ELEMENT IN REPORT
REQUIREMENT OF FINANCIAL IMPROVEMENT AND AUDIT
REMEDIATION PLAN.
Section 240b(b)(1)(B) of title 10, United States Code, is amended
by striking clause (ix).
SEC. 1003. AUTHORITY TO USE DEFENSE MODERNIZATION ACCOUNT
FUNDS FOR TIME-SENSITIVE EQUIPMENT MODERNIZA-
TION.
(a) IN GENERAL.—Section 3136(d) of title 10, United States
Code, is amended by adding at the end the following new para-
graphs:
‘‘(5) For procuring and integrating available commercial
technologies and services to satisfy a joint urgent operational
need, joint emergent operational need, or a validated service
requirement.
‘‘(6) For providing infrastructure to support Department
goals of accelerating the fielding and adoption of new capabili-
ties.’’.
(b) LIMITATION.—Paragraphs (5) and (6) of subsection (d) of
section 3136 of title 10, United States Code, as added by subsection
(a), shall apply only with respect to funds made available, and
transferred to the Defense Modernization Account, on or after the
date of the enactment of this Act.
SEC. 1004. EXTENSION OF AUDIT REQUIREMENT FOR DEPARTMENT
OF DEFENSE COMPONENTS.
Section 1004(a) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–81; 10 U.S.C. 240d note) is
amended by striking ‘‘During fiscal year 2024, and during each
of the nine fiscal years thereafter,’’ and inserting ‘‘During each
of fiscal years 2024 through 2034,’’.
SEC. 1005. REVISION OF DEPARTMENT OF DEFENSE FINANCIAL
MANAGEMENT REGULATION.
(a) Not later than September 30, 2026, the Under Secretary
of Defense (Comptroller) shall revise the Department of Defense
Financial Management Regulation 7000.14-R. The Under Secretary
shall ensure that the revised regulation—
(1) is consistent and clear throughout;
(2) includes updated guidance with respect to legislative
and regulatory requirements; and
(3) does not include any outdated guidance or guidance
subject to change annually in an annual appropriations Act.
(b) CONSIDERATIONS.—In revising the regulation under sub-
section (a), the Under Secretary shall—
(1) prioritize clarity and accessibility in the language and
direction provided, including improvements to the coordination
and approval process for recommended changes;
(2) review and adopt modern financial practices that better
align to current development and production cycles;
(3) consider information technology solutions to improve
the accessibility and usability of the Financial Management
Regulation; and
(4) in consultation with the Cross-Functional Team estab-
lished under section 1006 consider the recommendations of
the Commission on Planning, Programming, Budgeting, and
Execution Reform.
H. R. 5009—276
(c) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, and once every 180 days thereafter during
the three-year period following such date of enactment, the Under
Secretary shall provide to the congressional defense committees
a briefing on the efforts to revise the Financial Management Regula-
tion. Each such briefing shall include each of the following:
(1) The progress made in revising the Financial Manage-
ment Regulation.
(2) The plan and timeline for completing revisions to the
Financial Management Regulation.
(3) Any barriers to the ability of the Department of Defense
to revising the Financial Management Regulation as required
under this section.
(4) Any legislation required to complete revisions of the
Financial Management Regulation.
(5) Any other information determined relevant by the Sec-
retary.
SEC. 1006. ESTABLISHMENT OF CROSS-FUNCTIONAL TEAM TO OVER-
SEE
IMPLEMENTATION
OF
RECOMMENDATIONS
OF
COMMISSION
ON
PLANNING,
PROGRAMMING,
BUDG-
ETING, AND EXECUTION REFORM.
(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, using the authority provided under
section 911(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the Secretary
of Defense shall establish and appropriately resource a cross-func-
tional team to plan and oversee, in coordination with the congres-
sional defense committees, the implementation of the recommenda-
tions of the Commission on Planning, Programming, Budgeting,
and Execution Reform established by section 1004 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117–
81; 135 Stat. 1884).
(b) REPORTING.—The head of the cross-functional team required
by subsection (a) shall be the Under Secretary of Defense (Comp-
troller) and such team shall report directly to the Deputy Secretary
of Defense.
(c) PERSONNEL.—
(1) IN GENERAL.—The cross-functional team required by
subsection (a) shall include dedicated, appropriate personnel
with relevant expertise.
(2) DIRECTOR.—There shall be a Director of the cross-func-
tional team who shall be responsible for leading the daily
activities of the cross-functional team. The Under Secretary
of Defense (Comptroller) shall select either a member of the
Senior Executive Service or a senior military officer to serve
as the Director.
(3) HIRING AUTHORITIES.—In establishing the cross-func-
tional team, the Secretary may—
(A) hire personnel on a temporary or term basis to
support the activities of the cross-functional team; and
(B) enter into contracts or other agreements with sub-
ject-matter experts with relevant expertise to support the
cross-functional team.
(4) COMPENSATION.—Basic pay for personnel on the cross-
functional team may be administratively determined and set
H. R. 5009—277
in accordance with section 3161(d) of title 5, United States
Code.
(5) INAPPLICABILITY OF CERTAIN LIMITATION.—An individual
hired or selected for service under this subsection who is not
assigned to perform functions in, or employed by, the Office
of the Secretary of Defense (including performance of direct
support activities of that Office and the Washington Head-
quarters Services of the Department of Defense) as of the
date of the enactment of this Act is not subject to the limitations
under section 143 of title 10, United States Code.
(d) CONSULTATIONS WITH CONGRESS.—Not later than 60 days
after the date of the enactment of this Act, the Under Secretary
of Defense (Comptroller) shall—
(1) provide to the congressional defense committees a
briefing on the proposed leadership, composition, and charter
of the cross-functional team required by subsection (a); and
(2) seek feedback from the congressional defense commit-
tees on the recommendations of the Commission on Planning,
Programming, Budgeting, and Execution Reform.
(e) REPORTS.—Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter until the
date that is three years after the date of the enactment of this
Act, the Under Secretary of Defense (Comptroller) shall submit
to the congressional defense committees a report on the efforts
of the Department of Defense to implement the recommendations
of the Commission.
(f) TERMINATION.—
(1) IN
GENERAL.—Except as provided by paragraph (2),
this section and the cross-functional team required by sub-
section (a) shall terminate on December 31, 2029.
(2) EARLY
DISESTABLISHMENT
OF
TEAM.—The Secretary
may, on or after December 31, 2027, and before the termination
date specified in paragraph (1), disestablish the cross-functional
team required by subsection (a) if—
(A) the Under Secretary of Defense (Comptroller) deter-
mines that the cross-functional team is no longer required
for the implementation of the recommendations of the
Commission on Planning, Programming, Budgeting, and
Execution Reform; and
(B) the Secretary—
(i) notifies the congressional defense committees
not later than 30 days before disestablishing the cross-
functional team; and
(ii) includes in the notification the justification
of the Secretary for the disestablishment of the cross-
functional team.
SEC. 1007. USE OF TECHNOLOGY USING ARTIFICIAL INTELLIGENCE
TO FACILITATE AUDIT OF THE FINANCIAL STATEMENTS
OF THE DEPARTMENT OF DEFENSE FOR FISCAL YEAR
2025.
(a) USE OF AI TECHNOLOGY FOR AUDITS.—The Secretary of
Defense, the Secretary of the Army, the Secretary of the Navy,
and the Secretary of the Air Force shall encourage, to the greatest
extent practicable, the use of technology that uses artificial intel-
ligence or machine learning for the purpose of facilitating audits
of the financial statements of the Department of Defense.
H. R. 5009—278
(b) IMPLEMENTATION
OF AI TECHNOLOGY
FOR AUDITS.—The
Director of the Chief Digital and Artificial Intelligence Office of
the Department, in coordination with the Under Secretary of
Defense for Research and Engineering and the Inspector General
of the Department, shall oversee the adoption of artificial intel-
ligence and machine learning technologies in support of financial
management and enterprise business operations.
Subtitle B—Counterdrug Activities
SEC. 1011. SUPPORT FOR COUNTERDRUG ACTIVITIES AFFECTING
FLOW OF DRUGS INTO UNITED STATES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall prescribe Department-wide guidance
that establishes support for counterdrug activities and programs
affecting the flow of drugs into the United States as the principal
foreign counterdrug program priority of the Department.
SEC. 1012. AUTHORITY FOR DETECTION AND MONITORING OF ILLEGAL
DRUGS REGARDLESS OF DESTINATION.
In conducting detection and monitoring of illegal drugs under
section 124 of title 10, United States Code, the Joint Interagency
Task Force South may conduct detection and monitoring of vessels
or aircraft transiting illegal drugs in the air and maritime domains
within the established joint operating area of such task force regard-
less of the destination of the illegal drugs.
SEC. 1013. REVIEW, ASSESSMENT, AND ANALYSIS OF GOVERNANCE
STRUCTURE
AND
STRATEGY
OF
DEPARTMENT
OF
DEFENSE
COUNTER-NARCOTICS
AND
COUNTER-
TRANSNATIONAL ORGANIZED CRIME ACTIVITIES.
(a) AGREEMENT.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with a federally funded research and
development center for the conduct of an independent review,
assessment, and analysis of the governance structure and strategy
of the counter-narcotics and counter-transnational organized crime
activities of the Department of Defense.
(b) REPORT.—
(1) IN GENERAL.—The agreement described in subsection
(a) shall provide that not later than one year after the date
on which the Secretary of Defense and the federally funded
research and development center enter into the agreement,
the center shall provide to the Secretary a report on the findings
of the review, assessment, and analysis.
(2) SUBMITTAL TO CONGRESS.—Not later than 30 days after
receiving the report described in paragraph (1), the Secretary
of Defense shall submit the report to the congressional defense
committees and the congressional research agencies.
(3) ELEMENTS.—The report described in paragraph (1) shall
include the following elements:
(A) An assessment of the authorities of the Department
of Defense for counter-narcotics and counter-transnational
organized crime activities.
(B) A description of the context for Department of
Defense authorities for counter-narcotics and counter-
transnational organized crime activities, including a review
H. R. 5009—279
of all Federal authorities, by Department and agency, for
counter-narcotics
and
counter-transnational
organized
crime activities and how those authorities align with the
authorities of the Department of Defense.
(C) A gap analysis of the authorities described in sub-
paragraphs (A) and (B).
(D) A description of the funding for the counter-nar-
cotics and counter-transnational organized crime activities
of the Department of Defense.
(E) A description of the strategic objectives and strate-
gies for the counter-narcotics and counter-transnational
organized crime activities of the Department of Defense.
(F) An assessment of whether the current strategy
of the Department of Defense includes—
(i) command arrangement agreements to address
existing and emerging narcotic substances of concern,
including detection and monitoring of fentanyl, illicit
fentanyl precursors, and fentanyl analogues;
(ii) descriptions of the responsibilities of each
combatant command in its operating area;
(iii) a plan for improved coordination between
geographic combatant commands to ensure clear
understanding of roles and responsibilities in overlap-
ping areas of responsibility;
(iv) a plan to continue and improve coordination
with foreign partners regarding intelligence sharing
and interdiction activities;
(v) standardized operating procedures for com-
mand and control of counter-narcotics within the
Department;
(vi) measurable outcomes to assess progress for
each of the counter-narcotics strategic objectives of the
Department;
(vii) a description of any capability upgrades that
would better enable the support of the interdiction
of narcotics, including fentanyl, illicit fentanyl precur-
sors, and fentanyl analogues, throughout the Depart-
ment; and
(viii) a description of interaction between the
Department of Defense and the Department of State
to coordinate counter-narcotics efforts with foreign
governments.
(G) Recommendations for improving the governance
structure
of
the
counter-narcotics
and
counter-
transnational organized crime activities of the Department
of Defense, including with respect to designating a lead
component or agency within the Department of Defense.
(4) FORM.—The report described in paragraph (1)—
(A) shall be submitted under paragraph (2) in unclassi-
fied form, but may include a classified annex; and
(B) may be made available to the public.
(c) CONGRESSIONAL RESEARCH AGENCIES DEFINED.—In this sec-
tion, the term ‘‘congressional research agencies’’ means the fol-
lowing:
(1) The Congressional Research Service.
(2) The Congressional Budget Office.
(3) The Government Accountability Office.
H. R. 5009—280
Subtitle C—Naval Vessels and Shipyards
SEC. 1021. BRIEFING REQUIRED IN THE EVENT OF A PROPOSED
REDUCTION IN BATTLE FORCE SHIPS AS PART OF THE
ANNUAL NAVAL VESSEL CONSTRUCTION PLAN AND CER-
TIFICATION.
Section 231 of title 10, United States Code, is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new sub-
section:
‘‘(g) REDUCTION IN BATTLE FORCE SHIPS.—If the plan and cer-
tification under subsection (a) for a fiscal year include a proposed
reduction in the number of battle force ships proposed to be procured
during that fiscal year or during the any of the subsequent nine
fiscal years, as compared to the number of such ships proposed
in the plan and certification for the preceding fiscal year for that
fiscal year and the subsequent nine fiscal years, the Secretary
of Defense shall provide to the congressional defense committees,
by not later than 15 days after the date of the submission of
the plan and certification under subsection (a), a briefing that
includes each of the following:
‘‘(1) An identification of each specific ship for which funds
are not requested in the budget for that fiscal year and an
identification of any funds that were allocated to each such
ship, for any prior fiscal year including funds for—
‘‘(A) research, development, test, and evaluation;
‘‘(B) advance procurement;
‘‘(C) advanced construction; and
‘‘(D) economic order quantity.
‘‘(2) If a shipyard is identified in relation to a ship identified
under paragraph (1), the projected change in workload at the
shipyard as a result of the reduction of the ship.
‘‘(3) The projected change in the estimated value of any
major subcontracted components or sequence critical material
as a result of the reduction of the ship.’’.
SEC. 1022. MODIFICATION OF AUTHORITY TO PURCHASE USED VES-
SELS UNDER THE NATIONAL DEFENSE SEALIFT FUND.
Section 2218 of title 10, United States Code, is amended—
(1) in subsection (f)(3)—
(A) in subparagraph (A), by striking ‘‘subsection
(c)(1)(E)’’ and inserting ‘‘subsection (c)(1)(D)’’; and
(B) in subparagraph (C), by striking ‘‘nine’’ and
inserting ‘‘10’’; and
(2) in subsection (i), by striking ‘‘subsection (c)(1)(E)’’ and
inserting ‘‘subsection (c)(1)(D)’’.
SEC. 1023. MODIFICATIONS TO SHIP REPAIR AUTHORITIES.
(a) DEFINITION OF SHORT-TERM WORK FOR PURPOSES OF NAVY
CONSTRUCTION OF COMBATANT AND ESCORT VESSELS AND ASSIGN-
MENT OF VESSEL PROJECTS.—Section 8669a(c)(4) of title 10, United
States Code, is amended by striking ‘‘10 months’’ and inserting
‘‘12 months’’.
(b) STUDY ON PRICE DIFFERENTIALS USED IN NAVY SHIP REPAIR
SOLICITATIONS.—
(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary of the Navy shall seek to enter into an
H. R. 5009—281
agreement with a federally funded research and development
center to conduct a study to assess whether relevant price
differentials used by the Navy in ship repair solicitations
accurately reflect the true market value of the activity under-
taken to complete the repair work involved in the absence
of any such differential.
(2) ELEMENTS.—The study under paragraph (1) shall
address all relevant price differentials used by the Navy in
ship repair solicitations, including—
(A) the use of Government-owned and operated dry
docks;
(B) the use of inter-port differentials; and
(C) the use of pier differentials.
(3) REPORTS.—
(A) FFRDC REPORT.—The federally funded research and
development center that conducts the study under para-
graph (1) shall submit to the Secretary of the Navy a
report on the results of the study.
(B) SUBMITTAL
TO
CONGRESS.—Not later than Sep-
tember 30, 2025, the Secretary of the Navy shall submit
to the congressional defense committees an unaltered copy
of the report received by the Secretary under subparagraph
(A) together with a separate statement of the views of
the Secretary on the results of the study conducted under
paragraph (1).
(c) REPORT ON NAVY POLICY FOR SOLICITING COASTWIDE BIDS
FOR CERTAIN REPAIR AVAILABILITIES.—
(1) IN GENERAL.—Not later than March 30, 2025, the Sec-
retary of the Navy shall submit to the congressional defense
committees a report on the policy of the Navy for soliciting
coastwide bids for repair availabilities longer than 10 months.
(2) ELEMENTS.—The report under paragraph (1) shall
include an explanation and assessment of each of the following:
(A) The intent of the policy described in paragraph
(1).
(B) The data the Navy uses to assess the efficacy
of such policy.
(C) How the Navy estimates the cost of moving vessels
out of their home port to complete the availability and
the actual cost of moving vessels out of their home port
to complete the availability.
(D) How the Navy estimates the financial, labor force,
member of the Armed Forces and family well-being,
berthing, and related costs associated with moving a vessel
out of its home port to complete a repair availability longer
than 10 months.
SEC. 1024. IMPROVING NAVY ASSESSMENTS REQUIRED PRIOR TO
START OF CONSTRUCTION ON FIRST SHIP OF A SHIP-
BUILDING PROGRAM.
Section 8669c of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘30 days’’ and inserting ‘‘15 days’’;
(B) in paragraph (2), by striking ‘‘commencement’’ and
inserting ‘‘the start’’; and
(C) in paragraph (3)—
H. R. 5009—282
(i) by inserting ‘‘at least 95 percent of all’’ before
‘‘the basic’’; and
(ii) by striking ‘‘of the vessel is complete’’ and
inserting ‘‘drawing packages for the ship have reached
final approval’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘, at a minimum, an assessment of’’; and
(B) by striking paragraphs (1) through (6) and inserting
the following new paragraphs:
‘‘(1) An identification of the degree to which detail design
and production design drawings and related documents have
been completed in accordance with the shipbuilding contract.
‘‘(2) An assessment of the readiness of the shipyard facili-
ties and workforce to begin construction.
‘‘(3) The Navy’s estimated delivery date and a description
of any risks that could affect such delivery date.
‘‘(4) An assessment of the extent to which adequate proc-
esses and metrics are in place to measure and manage program
risks.
‘‘(5) With respect to the first ship, a description of the
plans of the Navy to oversee and document the construction
of the ship to ensure that the detail design supports the
construction schedule for the ship.
‘‘(6) A definition of the term ‘start of construction’ that—
‘‘(A) is applicable to the first ship; and
‘‘(B) does not mean a point in time—
‘‘(i) after the completion of 5 percent of lightship
displacement; or
‘‘(ii) after the advance procurement or advance
construction of the ship.
‘‘(7) An identification of any fabrication of the hull and
superstructure of the ship that will occur before the date on
which the Secretary submits the certifications required under
paragraphs (2) and (3) of subsection (a).
‘‘(8) An identification of the extent of to which vendor-
and government-furnished information supports the overall
maturity and stability of the ship’s design, including informa-
tion regarding—
‘‘(A) whether vendor selection is complete for major
distributive systems and key equipment supporting oper-
ational requirements;
‘‘(B) whether specifications are finalized for major
distributive systems and key equipment; and
‘‘(C) the status of factory acceptance testing, as
applicable, to validate finalized specifications for major
distributive systems and key equipment through manufac-
turing.’’; and
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘, and when used with respect to manned
surface and undersea combatants, means design
through the completion of three-dimensional computer
aided modeling’’ after ‘‘computer aided models’’;
(ii) in subparagraph (A), by striking ‘‘fixes’’ and
inserting ‘‘supports’’; and
H. R. 5009—283
(iii) in subparagraph (C), by striking ‘‘routes major
portions of all distributive systems of the vessel’’ and
inserting ‘‘positions and routes all major distributive
systems of the ship’’; and
(B) by striking paragraph (5).
SEC. 1025. PROHIBITION ON CONTRACTING WITH SHIPYARDS CON-
TROLLED BY A FOREIGN ADVERSARY COUNTRY.
Chapter 863 of title 10, United States Code, is amended by
inserting after section 8679 the following new section:
‘‘§ 8679a. Contracting with shipyards controlled by a foreign
adversary country: prohibition
‘‘The Secretary of Defense may not enter into any contract
or other agreement with a shipyard determined by the Secretary
of Defense to be under the ownership, control, or influence of
a foreign adversary country (as defined in section 4872(d)(2) of
title 10, United States Code).’’.
SEC. 1026. EXCEPTION TO PROHIBITION OF OVERHAUL, REPAIR, OR
MAINTENANCE OF CERTAIN VESSELS IN SHIPYARDS OUT-
SIDE THE UNITED STATES OR GUAM.
Section 8680(a)(3) of title 10, United States Code, is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ‘‘(A)’’ before ‘‘Notwithstanding’’;
(3) by inserting ‘‘and subject to subparagraph (B)’’ after
‘‘paragraph (1)’’;
(4) in clause (i), as so redesignated, by striking ‘‘or’’ at
the end;
(5) in clause (ii), as so redesignated, by striking the period
and inserting ‘‘; or’’;
(6) by inserting after clause (ii), the following new clause:
‘‘(iii) corrective and preventive maintenance of a
deployed naval vessel planned to last not more than 21
days.’’; and
(7) by inserting after subparagraph (A) the following new
subparagraph:
‘‘(B) During any fiscal year, the cumulative work carried out
under this paragraph for ships at any particular homeport may
not exceed two percent of the average annual total workload of
that homeport over the preceding three-year period, as measured
in shipyard labor hours.’’.
SEC. 1027. STRATEGY ON DEVELOPMENT OF NAVAL REARM AT SEA
CAPABILITY.
(a) STRATEGY REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Navy shall
submit to the congressional defense committees a strategy for deliv-
ering a rearm at sea capability to the surface fleet of the United
States Navy. Such strategy shall include each of the following:
(1) A plan to develop, by not later than three years after
the date of the enactment of this Act, the capability to employ
rearming equipment to load missile canisters into MK 41
vertical launch system cells on Navy destroyers while operating
at sea, including an identification of the current and planned
investments of the Navy in technology development to achieve
H. R. 5009—284
such capability, including the anticipated cost and schedule
for such investments.
(2) A plan for the key milestone events and associated
dates in the development of such capability.
(3) A plan to coordinate with allies of the United States
that use variants of the United States manufactured MK 41
vertical launch system to jointly procure rearm at sea capabili-
ties.
(4) An identification of any courses of action the Secretary
is considering other than the plans referred to in paragraphs
(1) through (2) to address the gap between the rearm at sea
capabilities of the United States and the capabilities of other
countries, including the use of uncrewed technologies.
(5) Such other matters as the Secretary determines appro-
priate.
(b) BRIEFING.— Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall provide
to the congressional defense committees a written briefing on the
development of the strategy required under (a).
SEC. 1028. AUTHORITY TO USE INCREMENTAL FUNDING FOR THE VIR-
GINIA-CLASS SUBMARINE PROGRAM.
(a) AUTHORITY TO USE INCREMENTAL FUNDING TO ENTER INTO
A CONTRACT FOR THE CONSTRUCTION OF A VIRGINIA-CLASS SUB-
MARINE.—
(1) IN GENERAL.—Amounts authorized to be appropriated
by this Act or otherwise made available for the Navy for Ship-
building and Conversion for fiscal year 2025 may be used
by the Secretary of the Navy to enter into an incrementally
funded contract for the construction of a Virginia-class sub-
marine.
(2) AVAILABILITY OF FUNDS.—A contract entered into under
paragraph (1) shall provide that any obligation of the United
States to make a payment under the contract is subject to
the availability of appropriations for that purpose, and that
total liability to the Government for the termination of the
contract shall be limited to the total amount of funding obli-
gated at time of termination.
(3) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for any fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
(4) LIMITATION ON TERMINATION LIABILITY.—A contract for
the construction of Virginia class submarines entered into under
paragraph (1) shall provide that the total liability to the Federal
government for the termination of the contract shall be limited
to the total amount of funding obligated to the contract as
of the date of the termination.
(b) AUTHORITY TO USE INCREMENTAL FUNDING FOR LIMITED
EFFORTS RELATED TO VIRGINIA-CLASS SUBMARINE PROGRAM.—
(1) IN GENERAL.—Subject to the limitation under paragraph
(2), the Secretary of the Navy may modify existing contracts
to provide for incremental funding of Virginia-class submarines
authorized to be procured under section 122 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1655), section 124 of the National Defense
H. R. 5009—285
Authorization Act for Fiscal Year 2018 (Public Law 115–91;
131 Stat. 1311) (as amended by section 129 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat 1665)), section 123 of
the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118–31; 137 Stat 169), or otherwise appropriated
in fiscal year 2024.
(2) LIMITATION.—The authority under paragraph (1) may
only be used to provide for an increase in wages for the ship-
builder workforce or an increase in non-executive level salaries.
(3) CONDITION FOR OUT-YEAR CONTRACT PAYMENT.—A con-
tract entered into under section 122 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239;
126 Stat. 1655) or section 124 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91;
131 Stat. 1311) (as amended by section 129 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat 1665)) or modified under
paragraph (1) shall provide that any obligation of the United
States to make a payment under the contract for any fiscal
year is subject to the availability of appropriations for that
purpose for such subsequent fiscal year.
(4) LIMITATION ON TERMINATION LIABILITY.—A contract for
the construction of Virginia class submarines entered into under
section 122 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112–239; 126 Stat. 1655) or section
124 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115–91; 131 Stat. 1311) (as amended by
section 129 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat
1665)) or modified under paragraph (1) shall provide that the
total liability to the Federal government for the termination
of the contract shall be limited to the total amount of funding
obligated to the contract as of the date of the termination.
SEC. 1029. AUTHORITY TO USE INCREMENTAL FUNDING TO ENTER
INTO A CONTRACT FOR THE CONSTRUCTION OF AN
ARLEIGH BURKE CLASS DESTROYER.
(a) IN GENERAL.—Amounts authorized to be appropriated by
this Act or otherwise made available for the Navy for Shipbuilding
and Conversion for fiscal year 2025 may be used by the Secretary
of the Navy to enter into an incrementally funded contract for
the construction of an Arleigh Burke class destroyer.
(b) AVAILABILITY OF FUNDS.—A contract entered into under
subsection (a) shall provide that any obligation of the United States
to make a payment under the contract is subject to the availability
of appropriations for that purpose, and that total liability to the
Government for the termination of the contract shall be limited
to the total amount of funding obligated at time of termination.
SEC. 1030. PILOT PROGRAM ON USE OF AUTOMATED INSPECTION
TECHNOLOGIES AT SHIPYARDS.
(a) IN GENERAL.—Beginning not later than 90 days after the
date of the enactment of this Act, the Secretary of the Navy shall
carry out a pilot program on the use of automated inspection
technologies at shipyards.
(b) SELECTION OF LOCATION.—The Secretary shall select one
shipyard at which to carry out the pilot program required under
H. R. 5009—286
subsection (a) and shall take such steps as may be necessary
to minimize the disruption to the operations of the shipyard during
the conduct of the pilot program.
(c) ELEMENTS.—In carrying out the pilot program required
under subsection (a), the Secretary shall—
(1) select at least one surface ship as a test platform
to collect a comprehensive set of inspection criteria used for
defining maintenance requirements;
(2) define requirements for the upgrade or overhaul of
the information technology infrastructure at the shipyard to
ensure compatibility with new technologies implemented under
the pilot program;
(3) provide for the training of personnel on the operation
and maintenance of the automated inspection technologies
selected for use during the pilot program;
(4) designate an individual who shall be responsible for
implementing and overseeing each phase of the pilot program;
and
(5) recommend a strategic sequencing plan of the pilot
program to ensure the execution of necessary information tech-
nology upgrades prior to the deployment of robotic systems.
(d) REPORT AND BRIEFINGS.—
(1) REPORT.—Not later than 180 days after the termination
of the pilot program under subsection (e), the Secretary shall
submit to the congressional defense committees a report on
the results of the pilot program.
(2) BRIEFINGS.—Upon completion of the sequencing plan
required under subsection (c)(5), the Secretary shall provide
to the congressional defense committees a briefing on the plan.
(e) TERMINATION.—The authority to carry out a pilot program
under this section shall terminate on the date that is three years
after the date of the enactment of this Act.
SEC.
1031.
REQUIREMENTS
FOR
THE
UNMANNED
MARITIME
AUTONOMY ARCHITECTURE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy shall—
(1) provide a forum and resources to facilitate industry
participation in the creation and management of a vendor-
agnostic and platform-agnostic modular open systems architec-
ture and associated standards for maritime unmanned systems;
(2) adopt or join a governance model for the standards
described in paragraph (1) that includes Government and
industry participation;
(3) implement a frequent or continuous process for incor-
porating industry feedback into the standards described in
paragraph (1) and conforming those standards with leading
industry practices;
(4) for each relevant Navy program or contract, tailor the
standards described in paragraph (1) to the minimum standards
necessary to enable desired operational capabilities for the pro-
gram or contract; and
(5) label and distribute the standards described in para-
graph (1) as open, publicly releasable information, to the
greatest extent possible.
H. R. 5009—287
SEC. 1032. COMPETITIVE DEMONSTRATION OF LARGE AND EXTRA
LARGE UNMANNED UNDERWATER VEHICLES.
(a) COMPETITIVE DEMONSTRATION REQUIRED.—Not later than
June 1, 2025, the Secretary of the Navy, in coordination with
the Commander of the United States Indo-Pacific Command and
in consultation with the Director of the Defense Innovation Unit,
shall carry out a competitive demonstration of large and extra
large unmanned underwater vehicle capabilities, including non-
developmental items from commercial or foreign partner sources
that leverage commercial solutions openings.
(b) CRITERIA.—In developing and evaluating the competitive
demonstration required by subsection (a), the Secretary of the Navy
shall consider the following:
(1) The ability of large and extra large unmanned under-
water vehicles to integrate with mission autonomy planning
capability and joint command and control systems.
(2) The ability of such vehicles to execute high-value mis-
sions in a contested environment.
(3) Vehicle performance with respect to navigation, endur-
ance, and concepts of employment.
(4) The technical maturity, reliability, and maintainability
of such vehicles.
(5) Feedback from military users, especially with respect
to user interface, mission functionality, ease of use and deploy-
ment, and command and control.
(6) Initial assessments of the total cost to procure, operate,
and sustain a persistent large and extra large unmanned under-
water vehicle presence in support of the operational require-
ments of the United States Indo-Pacific Command.
(c) USE OF FUNDS.—The Secretary of the Navy may obligate
and expend amounts made available for the Navy in fiscal year
2025 for research, development, test, and evaluation, and operation
and maintenance to carry out the competitive demonstration
required by subsection (a).
(d) ASSESSMENTS REQUIRED.—
(1) SECRETARY OF THE NAVY.—
(A) IN GENERAL.—Not later than September 1, 2025,
the Secretary of the Navy shall submit to the congressional
defense committees the unaltered assessment of the Sec-
retary of the competitive demonstration required by sub-
section (a).
(B) ELEMENTS.—The assessment required by subpara-
graph (A) may include recommendations for updating the
funding and acquisition plans for the large and extra large
unmanned underwater vehicle program.
(2) COMMANDER
OF
UNITED
STATES
INDO-PACIFIC
COM-
MAND.—Not later than September 1, 2025, the Commander
of the United States Indo-Pacific Command shall submit to
the congressional defense committees the unaltered assessment
of the Commander of the continued validity of the large and
extra large unmanned underwater vehicle requirements and
any proposed new requirements.
(e) LARGE
AND
EXTRA
LARGE
UNMANNED
UNDERWATER
VEHICLES DEFINED.—In this section, the term ‘‘large and extra
large unmanned underwater vehicles’’ means systems that—
(1) are capable of—
H. R. 5009—288
(A) operating while completely submerged in the sea;
and
(B) supporting one or more missions with a modular
payload integration; and
(2) have a range of at least 1,000 nautical miles.
SEC. 1033. REQUIREMENT FOR MATURE SHIP DESIGN.
The Secretary of the Navy shall take such actions as are
necessary for the Navy to adopt recommendations 1, 3, 4, and
6 in the report of the Government Accountability Office titled,
‘‘Navy Shipbuilding: Increased Use of Leading Design Practices
Could Improve Timeliness of Deliveries’’, and dated May 2, 2024
(GAO–24–105503).
Subtitle D—Counterterrorism
SEC. 1041. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1953), as most recently amended by section 1031 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118–31; 137 Stat. 386), is further amended by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’.
SEC. 1042. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CON-
STRUCT OR MODIFY FACILITIES IN THE UNITED STATES
TO HOUSE DETAINEES TRANSFERRED FROM UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1954), as most recently amended by section 1032 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118–31; 137 Stat. 387), is further amended by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’.
SEC. 1043. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1954), as most recently amended by section 1033 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118–31; 137 Stat. 387), is further amended by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’.
SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551), as most
recently amended by section 1034 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137
H. R. 5009—289
Stat. 387), is further amended by striking ‘‘2024’’ and inserting
‘‘2025’’.
Subtitle E—Miscellaneous Authorities and
Limitations
SEC. 1051. AUTHORITY TO CONTRIBUTE TO INNOVATION FUND.
Subchapter II of chapter 138 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2350s. Authority to contribute to innovation fund
‘‘(a) AUTHORITY TO CONTRIBUTE TO NATO INNOVATION FUND.—
Within amounts authorized by law for such purpose during the
five-year period following the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2025, the Secretary of
Defense may contribute to the NATO Innovation Fund a total
amount of no more than $200,000,000.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘NATO’ means the North Atlantic Treaty
Organization.
‘‘(2) The term ‘NATO Innovation Fund’ means the multi-
sovereign, investment venture capital fund of NATO that pro-
vides secure investment in dual-use, high-impact technology.’’.
SEC. 1052. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF
EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.
Section 1014 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4585), as most recently amended by section 1028 of the
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 134 Stat. 3388), is further amended—
(1) in subsection (b), by striking ‘‘September 30, 2025’’
and inserting ‘‘September 30, 2030’’; and
(2) by striking subsection (c).
SEC. 1053. ASSESSMENTS OF CASUALTIES AND FATALITIES DURING
HOSTILITIES.
In making assessments of casualties and fatalities during hos-
tilities, the Department of Defense may not cite as authoritative
in public communications, fatality figures that are derived by United
States-designated terrorist organizations, governmental entities
controlled by United States-designated terrorist organizations, or
any sources that rely on figures provided by United States-des-
ignated terrorist organizations.
SEC. 1054. ESTABLISHMENT OF MAJOR MISHAP INCIDENT DESIGNA-
TION CLASSIFICATION FOR DEPARTMENT OF DEFENSE
INCIDENTS.
(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a new mishap designation classification for the most serious
incidents, to be known as ‘‘major mishap incidents’’, to describe
any incident that—
(1) results in not less than $500,000,000 in damage or
loss; and
(2) is of such complexity or sensitivity, or would have
such an effect on the national security of the United States,
H. R. 5009—290
as to warrant designation by the Secretary of Defense as a
major mishap incident pursuant to regulations prescribed by
the Secretary and that include the consideration of—
(A) the number of members of the Armed Forces who
were killed due to the incident;
(B) the geographic dispersion of the incident;
(C) the grade of individuals involved;
(D) the number of Armed Forces and Government enti-
ties involved;
(E) the effect of the incident on the local civilian popu-
lation;
(F) the effect of the incident on any foreign government
or foreign personnel;
(G) the anticipated complexity or difficulty of the inves-
tigation of the incident;
(H) the effect of the incident on the capability of any
major operational command or component to continue to
function effectively; and
(I) such other matters as the Secretary determines
appropriate.
(b) INVESTIGATIONS.—
(1) GRADE
OF
INVESTIGATING
OFFICER.—The convening
authority for any investigation of a major mishap incident
shall appoint an investigating officer from among officers who
hold a rank not lower than Major General in the Army, Air
Force, or Marine Corps or Rear Admiral in the Navy to inves-
tigate all major mishap incidents—
(A) including any related administrative, disciplinary,
or legal investigations; and
(B) excluding any criminal investigations conducted
by a military criminal investigative organization.
(2) TIMELINE
FOR
INVESTIGATIONS.—The Secretary of
Defense shall amend Department of Defense Instruction
6055.07 to set the goal that a full investigation of each major
mishap incident be completed, to the extent practicable, not
later than one year after the date on which the investigation
is initiated.
(3) BRIEFING REQUIREMENT.—In the case of any investiga-
tion of a major mishap incident that is not completed within
the timeline provided under paragraph (2), the Secretary of
Defense shall provide to the Committees on Armed Services
of the Senate and House of Representatives a briefing every
90 days until the date of the completion of the investigation.
Each such briefing shall include—
(A) an explanation for why the investigation has not
been completed; and
(B) the projected date of the completion of the inves-
tigation.
(c) ACCOUNTABILITY ACTIONS.—If an investigation into a major
mishap incident includes a recommendation to hold an individual
accountable, the separation authority or convening authority, as
appropriate, shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the status
of the proceeding for the accountability action every 120 days begin-
ning on the date of the completion of the investigation of the
incident and ending on the date on which the proceeding is com-
plete.
H. R. 5009—291
(d) BRIEFING REQUIREMENT.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services for the Senate
and House of Representatives a briefing on—
(1) the status of the implementation of the establishment
of a major mishap incident designation, as required under
subsection (a);
(2) any updates to statutes or Department of Defense
Instructions that are needed to implement this section; and
(3) the projected timeline for the implementation of this
section.
(e) DEADLINE FOR IMPLEMENTATION.—Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall finalize the implementation of this section, including by
updating any Department of Defense guidance and policy as nec-
essary to carry out the requirements of this section.
SEC. 1055. PROHIBITION ON USE OF FUNDS FOR ECOHEALTH ALLI-
ANCE AND THE WUHAN INSTITUTE OF VIROLOGY.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2025 may be made available, directly or indirectly,
to—
(1) EcoHealth Alliance, Inc.;
(2) any subsidiary of EcoHealth Alliance, Inc.;
(3) any organization directly controlled by EcoHealth Alli-
ance, Inc.;
(4) any individual or organization that is a subgrantee
or subcontractor of EcoHealth Alliance Inc; or
(5) the Wuhan Institute of Virology for any purpose.
SEC. 1056. PROHIBITION ON DEPARTMENT OF DEFENSE TRANSPOR-
TATION OF CURRENCY TO TALIBAN OR ISLAMIC EMIRATE
OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this
Act or otherwise made available for the Department of Defense
may be obligated or expended to operate any aircraft of the Depart-
ment of Defense to transport currency or other items of value
to the Taliban, the Islamic Emirate of Afghanistan, or any sub-
sidiary, agent, or instrumentality of either the Taliban or the
Islamic Emirate of Afghanistan.
SEC. 1057. PROHIBITION ON USE OF FUNDS FOR THE BADR ORGANIZA-
TION AND RELATED ORGANIZATIONS.
None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
for fiscal year 2025 may be made available, directly or indirectly,
to the Badr Organization, Asa’ib Ahl al-Haq, Kata’ib Hezbollah,
or any organization that the Secretary of Defense determines to
be an offshoot of any such organization.
SEC. 1058. LIMITATION ON USE OF FUNDS PENDING PROVISION OF
BRIEFING ON RELIANCE OF PEOPLE’S LIBERATION ARMY
ON IMPORTED FOSSIL FUELS FOR ENERGY.
Of the funds authorized to be appropriated by this Act for
fiscal year 2025 for operation and maintenance, defense-wide, and
available for the Office of the Secretary of Defense for travel
expenses, not more than 85 percent may be obligated or expended
H. R. 5009—292
until the Secretary of Defense provides to the congressional defense
committees the briefing regarding the reliance of the People’s Lib-
eration Army on imported fossil fuels for energy, as directed by
the joint explanatory statement of the committee of conference
accompanying the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31).
SEC. 1059. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAIN-
MENT PROJECTS WITH TIES TO THE GOVERNMENT OF
THE PEOPLE’S REPUBLIC OF CHINA.
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act for the Department of Defense may be used
to knowingly provide active and direct support to any film, tele-
vision, or other entertainment project if the Secretary of Defense
has demonstrable evidence that the project has complied or is
likely to comply with a demand from the Government of the People’s
Republic of China or the Chinese Communist Party, or an entity
under the direction of the People’s Republic of China or the Chinese
Communist Party, to censor the content of the project in a material
manner to advance the national interest of the People’s Republic
of China.
(b) WAIVER.—The Secretary of Defense may waive the prohibi-
tion under subsection (a) if the Secretary submits to the Committees
on Armed Services of the Senate and House of Representatives
a written certification that such a waiver is in the national interest
of the United States.
Subtitle F—Studies and Reports
SEC. 1061. CHIEF OF NAVY RESERVE ANNUAL REPORT.
Section 8083 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(e) ANNUAL REPORT.—The Chief of Navy Reserve shall submit
to the Secretary of Defense, through the Secretary of the Navy,
an annual report on the state of the Navy Reserve and the ability
of the Navy Reserve to meet its missions. The report shall be
prepared in conjunction with the Chief of Naval Operations and
may be submitted in classified and unclassified versions.’’.
SEC. 1062. MODIFICATION AND EXTENSION OF REQUIREMENT FOR
COMBATANT COMMAND RISK ASSESSMENT FOR AIR-
BORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAIS-
SANCE.
Section 1061 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263) is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘, cancel,’’ after ‘‘retire’’; and
(B) by inserting ‘‘, cancellation,’’ after ‘‘retirement’’;
and
(2) in subsection (d), by striking ‘‘the date that is five
years after the date of the enactment of this Act’’ and inserting
‘‘December 31, 2032’’.
H. R. 5009—293
SEC. 1063. EXTENSION OF BRIEFING REQUIREMENT REGARDING CIVIL
AUTHORITIES AT THE SOUTHWEST BORDER.
Section 1070 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136
Stat. 2791) is amended by striking ‘‘through December 31, 2024’’
and inserting ‘‘through December 31, 2025’’.
SEC. 1064. EXTENSION OF ANNUAL REPORT ON CIVILIAN CASUALTIES
IN CONNECTION WITH UNITED STATES MILITARY OPER-
ATIONS.
Section 1057(e) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 113 note) is
amended by striking ‘‘the date that is seven years after the date
of the enactment of this Act’’ and inserting ‘‘December 31, 2030’’.
SEC. 1065. REVIEW OF IRREGULAR WARFARE AUTHORITIES.
(a) REVIEW REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall conduct
a review of authorities relevant to the conduct of irregular warfare
activities by the Department of Defense and provide the results
of such review to the congressional defense committees.
(b) ELEMENTS.—At a minimum, the review required by sub-
section (a) shall include—
(1) an accounting of all authorities available to the Sec-
retary of Defense for the conduct of irregular warfare activities;
(2) an assessment of the adequacy of policy guidance associ-
ated with the authorities identified under paragraph (1);
(3) an explanation of the process for considering irregular
warfare concepts of operation submitted by the combatant com-
mands for approval;
(4) a description of the process for coordinating and
deconflicting Department of Defense irregular warfare activities
with the heads of other relevant departments and agencies;
(5) planned actions to address any policy or process defi-
ciencies identified as part of the required review;
(6) legislative or resourcing recommendations to more effec-
tively enable Department of Defense irregular warfare activi-
ties; and
(7) any other matter determined relevant by the Secretary.
(c) IRREGULAR WARFARE DEFINED.—For the purpose of this
section, the term ‘‘irregular warfare’’ means a form of warfare
where states and non-state actors campaign to assure or coerce
states or other groups through indirect, non-attributable, or asym-
metric activities.
SEC. 1066. REPORTS ON APPROVAL AND DEPLOYMENT OF LETHAL
AUTONOMOUS WEAPON SYSTEMS.
(a) IN GENERAL.—Not later than December 31, 2025, and
annually thereafter until the termination date specified in sub-
section (d), the Secretary of Defense shall submit to the congres-
sional defense committees a comprehensive report on the approval
and deployment of lethal autonomous weapon systems by the United
States.
(b) ELEMENTS.—Each report under subsection (a) shall include,
with respect to the period covered by the report, the following:
(1) A comprehensive list of any lethal autonomous weapon
systems that have been approved by senior defense officials
for use by the United States military under Department of
H. R. 5009—294
Defense Directive 3000.09, or any successor document, and
the dates of such approvals.
(2) A comprehensive list of any lethal autonomous weapon
systems that have received a waiver of the requirement for
review by senior defense officials under such directive, or any
successor document, and the dates such waivers were issued.
(3) A comprehensive list of any lethal autonomous weapon
systems that are undergoing review under such directive, or
any successor document.
(4) A comprehensive list of any lethal autonomous weapon
systems not approved during review under such directive, or
any successor document.
(c) PERIOD COVERED BY REPORTS.—
(1) INITIAL REPORT.—The period covered by the first report
submitted under subsection (a) shall be all relevant time
periods, as determined by the Secretary, preceding the date
of the report.
(2) SUBSEQUENT
REPORTS.—For each subsequent report
submitted under subsection (a), the period covered by the report
shall be the period that elapsed since the date of the imme-
diately preceding report.
(d) TERMINATION.—The requirement to submit a report under
this section shall terminate on December 31, 2029.
(e) FORM.—Each report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1067. CONGRESSIONAL NOTICE REGARDING EXECUTE ORDERS
ISSUED AT THE DIRECTION OF THE PRESIDENT OR THE
SECRETARY OF DEFENSE.
(a) BRIEFINGS REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall provide
to the congressional defense committees semiannual briefings
on execute orders issued at the direction of the President or
the Secretary of Defense and related activities conducted by
the Department of Defense until the termination date under
paragraph (2).
(2) TERMINATION
DATE.—The requirement to provide
briefings under this subsection shall terminate on the date
that is five years after the date of the enactment of this Act.
(b) BRIEFING ELEMENTS.—Each briefing under subsection (a)
shall include the following:
(1) An overview of each extant execute order issued at
the direction of the President or the Secretary of Defense.
(2) An update on activity within each combatant command
that is conducted pursuant to an execute order issued at the
direction of the President or the Secretary of Defense.
(3) A review of the legal issues, authorities, and governance
mechanisms (including such legal issues, authorities, and
governance mechanisms concerning the use of force) that are
associated with each execute order described in paragraph (1)
and the activities described in paragraph (2).
(4) Any other matters the Secretary considers appropriate.
(c) DISCLOSURE AND NOTICE REQUIREMENTS.—
(1) INITIAL NOTICE.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a copy of each
H. R. 5009—295
extant execute order issued at the direction of the President
or the Secretary of Defense.
(2) NOTICE OF ISSUANCE OR REVISION.—Not later than 15
days after the issuance or revision of any execute order issued
at the direction of the President or the Secretary of Defense,
the Secretary of Defense shall provide to the congressional
defense committees a copy of the new or revised execute order.
(3) NOTICE OF TERMINATIONS.—Not later than 15 days after
the date on which any execute order that was issued at the
direction of the President or the Secretary of Defense is termi-
nated or rescinded, the Secretary of Defense shall notify the
congressional defense committees in writing of the termination
or rescission of the execute order.
SEC. 1068. MOBILITY CAPABILITY REQUIREMENTS STUDY.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Commander of the United States
Transportation Command, in coordination with the Chairman of
the Joint Chiefs of Staff, the Secretaries of the military depart-
ments, and the commanders of the combatant commands, shall
conduct a study of the end-to-end, full-spectrum mobility require-
ments to fulfill the national defense strategy required by section
113(g) of title 10, United States Code, for 2022.
(b) ELEMENTS OF STUDY.—The study required under subsection
(a) shall include each of the following:
(1) An assessment of the ability of the programmed airlift
aircraft, tanker aircraft, sealift ships, fuel tanker vessels,
patient movement forces, and key mobility enablers to meet
the integrated strategic and theater mobility requirements in
expected strategic environments, as defined by the guidance
in such national defense strategy.
(2) An identification, quantification, and description of the
associated risk-to-mission (as defined by Chairman of the Joint
Chiefs of Staff Manual 3105.01, Joint Risk Analysis) required
to fulfill such strategy, including—
(A) an assessment of risk-to-mission associated with
achieving strategic and operational objectives using the
programmed airlift aircraft, tanker aircraft, sealift ships,
fuel tanker vessels, patient movement forces, and key
mobility enablers; and
(B) a description of the combinations of airlift aircraft,
tanker aircraft, sealift ships, fuel tanker vessels, patient
movement forces, and key mobility enabler requirements
and capabilities that provide low, moderate, significant,
and high levels of risk-to-mission to fulfill such strategy;
and
(C) an evaluation of non-mobilized mobility forces to
sustain daily competition activities and achieve necessary
readiness to fulfill the national defense strategy.
(3) An identification of any mobility capability gaps, short-
falls, overlaps, or excesses, including—
(A) an assessment of associated risks with respect to
the ability to conduct operations; and
(B) recommended mitigation strategies where possible.
(4) The articulation of all key assumptions and decisions
made and excursions examined in conducting the study with
respect to—
H. R. 5009—296
(A) risk;
(B) programmed forces and infrastructure;
(C) the availability of commercial airlift and commer-
cial United States sealift and fuel tanker vessel capabilities
and resources, when applicable;
(D) aircraft usage rates, aircraft mission availability
rates, aircraft mission capability rates, aircrew ratios, air-
crew production, and aircrew readiness rates;
(E) readiness, crewing, and activation rates for sealift
ships and fuel tanker vessels;
(F) prepositioning, forward stationing, seabasing,
engineering, and infrastructure;
(G) demand signals used to represent missions
described in the national defense strategy for 2022, in
competition and wartime;
(H) concurrency and global integration of demand sig-
nals;
(I) integrated global presence and basing strategy;
(J) host nation or third-country support;
(K) adversary actions to degrade and disrupt United
States mobility operations;
(L) adversary actions that threaten freedom of naviga-
tion on international waterways, including attacks on for-
eign ships and crews;
(M) aircraft being used for training or undergoing depot
maintenance or modernization or ships undergoing depot
maintenance;
(N) patient movement and mobility enabling forces
availability, readiness, and use;
(O) logistics concept of operations, including any
maneuver and sustainment support concepts, methods,
combat support forces, and combat service support forces,
that are required to enable the projection and enduring
support to forces both deployed and in combat for each
analytic scenario;
(P) anticipated attrition rates for the assessed force
structure; and
(Q) such other matters as the Commander determines
appropriate.
(5) Such other elements as the Commander determines
appropriate.
(c) REPORTS AND BRIEFINGS.—
(1) INTERIM BRIEFING.—Not later than six months after
the date of the enactment of this Act, the Commander of the
United States Transportation Command shall provide to the
congressional defense committees an interim briefing on the
study required under subsection (a).
(2) FINAL REPORT AND BRIEFING.—Not later than one year
after the date of the enactment of this Act, the Commander
of the United States Transportation Command, in coordination
with the Chairman of the Joint Chiefs of Staff, the Secretaries
of the military departments, and the commanders of the
combatant commands, shall—
(A) submit to the congressional defense committees
a final report on the study required under subsection (a);
and
(B) provide to such committees a briefing on the report.
H. R. 5009—297
(3) FORM OF REPORTS.—The report required under para-
graph (2) shall be submitted in unclassified form, but may
include a classified annex.
(d) DEFINITION OF SEALIFT SHIP.—In this section, the term
‘‘sealift ship’’ includes—
(1) theater and strategic platforms; and
(2) surge sealift vessels and non-governmental vessels
incorporated as part of the maritime logistics enterprise.
SEC. 1069. BIODEFENSE POSTURE REVIEWS.
(a) STRATEGY AND IMPLEMENTATION PLAN REQUIRED.—Not later
than December 31, 2026, and December 31, 2029, the Secretary
of Defense shall conduct a comprehensive examination of the bio-
defense policies, practices, programs, and initiatives of the Depart-
ment of Defense.
(b) ELEMENTS.—Each review conducted under subsection (a)
shall include each of the following:
(1) An inventory and assessment of all existing strategies,
plans, policies, laws, and interagency agreements of the Depart-
ment of Defense related to biodefense, including prevention,
deterrence, preparedness, detection, response, attribution,
recovery, and mitigation.
(2) An identification of relevant biological threats, including
biological warfare, bioterrorism, naturally occurring infectious
diseases, and accidental exposures.
(3) An identification of the current programs, efforts, or
activities of the Department of Defense with respect to—
(A) preventing the acquisition, proliferation, and use
of a biological weapon;
(B) preventing an accidental or naturally occurring
biological outbreak; and
(C) mitigating the effects of a biological epidemic.
(4) An identification of the roles and responsibilities of
the elements of the Department of Defense, including internal
and external coordination procedures, in identifying and
sharing information related to, warning of, and regarding
protection against, acts of terrorism using biological agents
and weapons and accidental or naturally occurring biological
outbreaks.
(5) An identification of methods in use by the Department
to address biological attacks with emerging artificial intel-
ligence and cyber capabilities.
(6) An identification of related or required capabilities and
activities required to support the national biodefense strategy.
(7) Recommendations for strengthening and improving the
current biodefense capabilities, authorities, and command struc-
tures of the Department.
(8) Recommendations for improving and formalizing inter-
agency coordination and support mechanisms with respect to
providing a robust national biodefense.
(9) Any other matters the Secretary of Defense determines
necessary.
(c) SUBMITTAL TO CONGRESS.—
(1) IN GENERAL.—Not later than 30 days after the comple-
tion of a review under subsection (a), the Secretary shall—
(A) provide to the congressional defense committees
a briefing on the review; and
H. R. 5009—298
(B) submit to the congressional defense committees
a copy of the review.
(2) FORM OF REVIEW.—Each review submitted under para-
graph (1) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1070. BRIEFINGS ON ATTEMPTS BY ALIENS AND FOREIGN ACTORS
TO
ACCESS
MILITARY
INSTALLATIONS
WITHOUT
AUTHORIZATION.
(a) INITIAL BRIEFING.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and House
of Representatives a briefing that includes, with respect to the
five-year period preceding the date of the briefing, the following:
(1) The number of instances in which an alien or a foreign
actor—
(A) attempted to enter a military installation or facility
or real property of the Department of Defense located in
the United States without authorization by proceeding,
in the direction of the installation, facility, or real property,
past the first point of the access control process, and other
than as directed by security personnel as part of a con-
trolled turnaround; or
(B) gained entry to such an installation, facility, or
real property.
(2) For each instance identified under paragraph (1)—
(A) a summary of the entry or attempted entry of
the installation, facility, or real property;
(B) an identification of the alien or foreign actor who
entered or attempted to enter the installation, facility, or
real property; and
(C) with respect to each individual identified under
subparagraph (B)—
(i) the immigration status of the individual (if any);
(ii) the country of origin of the individual;
(iii) the method by which the individual entered
the United States and the date of entry;
(iv) the intent of the individual when entering
or attempting to enter the installation, facility, or real
property, including whether the individual was armed;
(v) any criminal background of the individual; and
(vi) such other information obtained during the
Department of Defense investigation that the Secretary
of Defense determines appropriate.
(b) ANNUAL BRIEFINGS.—Not later than 180 days after the
date of the briefing required under subsection (a), and annually
thereafter until 2027, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing that includes, with respect to the one-
year period preceding the date of the briefing, the information
referred to in paragraphs (1) and (2) of subsection (a).
(c) DEFINITION OF ALIEN.—In this section, the term ‘‘alien’’
has the meaning given that term in section 101(a)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(3)).
SEC. 1071. REPORT ON RESOURCING OF ARCTIC STRATEGY.
(a) IN GENERAL.—For each of fiscal years 2026 through 2028,
the Secretary of Defense shall submit to the congressional defense
H. R. 5009—299
committees and the congressional research agencies a report that
includes cost data, for that fiscal year and the period covered
by the future-years defense program under section 221 of title
10, United States Code, for the Arctic Strategy of the Department
of Defense.
(b) ELEMENTS.—Each report required by subsection (a) shall
include, for the fiscal year covered by the report, an assessment
of the resourcing and military construction requirements to imple-
ment the Arctic Strategy from funds requested for—
(1) the Department of the Navy;
(2) the Department of the Army;
(3) the United States Northern Command;
(4) the United States Special Operations Command; and
(5) such other components of the Department of Defense
that the Secretary determines are appropriate;
(c) SUBMISSION.—The Secretary shall submit the report
required by subsection (a) to the congressional defense committees
and the congressional research agencies—
(1) for fiscal year 2026, not later than May 1, 2025; and
(2) for fiscal year 2027 and fiscal year 2028, with the
materials submitted to Congress by the Secretary of Defense
in support of the budget of the President for that fiscal year
(as submitted under section 1105(a) of title 31, United States
Code).
(d) FORM.—Each report required by subsection (a) shall be
submitted in—
(1) an unclassified form that may be made available to
the public; and
(2) an unclassified form that may include a classified annex.
(e) LEGISLATIVE RESEARCH AGENCY DEFINED.—In this section,
the term ‘‘legislative research agency’’ includes the following:
(1) The Congressional Research Service.
(2) The Congressional Budget Office.
(3) The Government Accountability Office.
SEC. 1072. ANALYSES AND REPORTS ON AIR SUPERIORITY OF THE
JOINT FORCE.
(a) ANALYSES
AND
REPORTS
REQUIRED.—The Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall—
(1) each separately conduct an analysis to determine how
air superiority will be secured for the Joint Force in the 2030s
and the 2040s; and
(2) not later than October 15, 2025, each submit to the
congressional defense committees a separate report containing
the results of such analysis.
(b) REPORT ELEMENTS.—Each report required under subsection
(a)(2) shall include the following:
(1) An analysis of the expected capabilities, limitations,
operational
dependencies,
technical
maturity,
relevant
timelines, susceptibility to countermeasures of adversaries, and
costs of the following:
(A) FA–XX.
(B) The Penetrating Counter Air platform (PCA).
(C) The Collaborative Combat Aircraft (CCA).
(D) Planned fighter modernization efforts.
(E) Space-based capabilities.
(F) Ground-based capabilities.
H. R. 5009—300
(G) Any other capabilities the Secretary of Defense
considers relevant to air superiority.
(2) A summary of tactical- and campaign-level modeling
and analysis that determines the individual effectiveness and
impacts of each of the capabilities described in subparagraphs
(A) through (G) of paragraph (1) on the ability of the Joint
Force to secure air superiority in the 2030s and the 2040s.
(3) An evaluation of the effectiveness and risks of different
potential force structures for achieving air superiority in the
2030s and the 2040s, including an assessment of the impacts
of stand-in and stand-off force ratios on campaign success.
(4) A description of the impact of the force structures
evaluated under paragraph (3) on—
(A) deterrence; and
(B) annual sustainment and operations costs.
(5) The number of fighter aircraft required by the Depart-
ment of Defense to fulfill the national defense strategy and
the number of such aircraft expected to be required in the
2030s and the 2040s to meet the changing threat environment.
(6) The programmed fighter force structure from 2030
through 2045, including a breakdown of the quantity and aver-
age age of each type of fighter aircraft in each military service.
(7) The Secretary’s and Chairman’s estimate of fiscal and
personnel resources required to meet air superiority require-
ments of the Joint Force.
(c) REQUIREMENTS
FOR MODELING
AND ANALYSIS.—Modeling
and analysis conducted pursuant to paragraphs (1) and (2) of sub-
section (b) shall be based on projections of—
(1) the most-likely capabilities and force structure for
friendly and adversary forces expected in the 2030s and the
2040s; and
(2) the most-challenging capabilities and force structure
expected of such forces in such timeframe, which shall include
consideration of fielding delays associated with friendly force
capabilities beyond projected timelines, fielding of threat
adversary capabilities sooner than projected timelines, and a
highly contested electromagnetic spectrum.
(d) NONDELEGATION.—The Secretary of Defense and the Chair-
man of the Joint Chiefs of Staff may not delegate responsibility
for the analyses and reports under subsection (a) to any of the
Armed Forces.
SEC. 1073. EXERCISE FOR COUNTERING UNMANNED AERIAL SYSTEMS.
(a) IN GENERAL.—Not later than December 1, 2025, the Sec-
retary of Defense, in coordination with the Chairman of the Joint
Chiefs of Staff and the Commander of the United States Northern
Command, shall execute a large-scale exercise in the special use
airspace of the Department of Defense to test the ability of the
Department to respond to a variety of threats to installations of
the Department from unmanned aerial systems.
(b) ELEMENTS.—The exercise required under subsection (a) shall
include the following:
(1) The participation of not fewer than three commanders
of installations of the Department.
(2) A mix of high-end non-emitting threats and low-end
commercially available unmanned aerial systems.
H. R. 5009—301
(3) Installations with a range of capabilities and equipment
relating to countering unmanned aerial systems.
(4) No-notice simulations.
(5) Rules of engagement that reflect the strategy of the
Department for executing existing authorities for countering
unmanned aerial systems.
(6) The participation of other relevant Federal agencies,
as determined appropriate by the Secretary.
(c) BRIEFING.—Not later than March 1, 2026, the Secretary
of Defense shall provide to the congressional defense committees
a briefing on the outcomes and lessons learned from the exercise
required under subsection (a).
SEC. 1074. REPORT ON OPERATIONAL PLANS OF THE DEPARTMENT
OF DEFENSE.
(a) ASSESSMENTS AND REPORT REQUIRED.—Not later than Sep-
tember 30, 2025, the Secretary of Defense shall—
(1) complete an assessment of the operational plans of
the Department of Defense, including the doctrine, organiza-
tion, training, materiel, leadership and education, personnel,
facilities, and policy required to execute such plans;
(2) complete an assessment of the process of the Depart-
ment for assessing and mitigating risk in the event of multiple
concurrent contingencies or protracted conflicts; and
(3) submit to the congressional defense committees a report
that includes the results of such assessments.
(b) ELEMENTS.—The assessments and report required by para-
graph (1) shall—
(1) incorporate the planning assumptions of simultaneous
conflicts in three or more theaters;
(2) incorporate the planning assumptions of protracted con-
flicts of six months, 12 months, and 24 months;
(3) outline any gaps or shortfalls in the requirements to
execute the assessed operational plans; and
(4) contain recommendations on preventative actions that
the Department of Defense could take to prepare for the execu-
tion of operational plans and to mitigate risk in associated
scenarios.
SEC. 1075. QUARTERLY REPORTS ON FUNERALS AT ARLINGTON
NATIONAL CEMETERY ON HOLD UNTIL CAISSON SERV-
ICES RESUME.
(a) REPORTS REQUIRED.—Not later than 30 days after the last
day of each fiscal quarter until the termination date specified in
subsection (b), the Secretary of the Army shall submit to the
congressional defense committees a report that includes—
(1) the total the number of funerals—
(A) for which caisson services at Arlington National
Cemetery were requested after the date on which such
services were suspended; and
(B) that have been delayed until the resumption of
such services; and
(2) in the case of each report after the first report, the
number of funerals for which such services were requested
during the quarter covered by the report.
(b) TERMINATION DATE.—The termination date specified in this
subsection is the earlier of the following dates:
H. R. 5009—302
(1) The date on which caisson services resume at Arlington
National Cemetery.
(2) The date that is three years after the date of the
enactment of this Act.
SEC. 1076. PLAN FOR ENHANCEMENT OF SPECIAL OPERATIONS
RIVERINE CAPABILITY.
(a) IN GENERAL.—Not later than 270 days after the date of
the enactment of this Act, the Assistant Secretary of Defense for
Special Operations and Low-Intensity Conflict and the Commander
of the United States Special Operations Command shall jointly
submit to the congressional defense committees a plan for the
sustainment and enhancement of a special operations riverine capa-
bility within the United States Special Operations Command
through fiscal year 2035.
(b) ELEMENTS.—The plan required under subsection (a) shall
include each of the following:
(1) An articulation of the potential value of special oper-
ations riverine capabilities to accomplishing the objectives of
the national defense strategy, as required under section 113(g)
of title 10, United States Code.
(2) An identification of manpower requirements and
sourcing.
(3) A plan for the sustainment, recapitalization, and mod-
ernization of Special Operations Craft-Riverine maritime craft.
(4) An assessment of the advisability and feasibility of
developing a future riverine maritime craft.
(5) An identification of infrastructure and training range
requirements and opportunities for improvements.
(6) Any other matters the Assistant Secretary of Defense
for Special Operations and Low-Intensity Conflict and the Com-
mander of United States Special Operations Command deter-
mine relevant.
SEC. 1077. ANNUAL REPORTS ON THE POSTSECONDARY EDUCATION
COMPLAINT SYSTEM.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, and annually thereafter through 2029,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the Postsecondary Education Complaint System (referred to
in this section as the ‘‘System’’).
(b) ELEMENTS.—The annual reports required under subsection
(a) shall include the following elements:
(1) A qualitative description of the status of the System
in the year covered by the report.
(2) A qualitative description of the efforts made by the
Department of Defense that year to increase awareness and
usage of the System among those who are eligible to file com-
plaints through the System.
(3) The total number of complaints filed through the System
that year and the status of those complaints, such as closed
or active.
(4) The number of complaints that year broken down by—
(A) the Army, Navy, Air Force, Marine Corps, and
Space Force, respectively;
(B) issue; and
H. R. 5009—303
(C) educational institution sector, including private for-
profit, private non-profit, and public.
(5) A ranking of the top five issues raised by students
that year.
(6) The number of institutions with two or more complaints
that year, the names of those institutions, the number of partici-
pants at each of those institutions, and the number of com-
plaints for each of those institutions.
(7) The number of views and visitors of the System website
that year.
(8) A discussion of how the elements described in para-
graphs (1) through (7) for that year compare to the those
elements in previous years.
SEC. 1078. STUDY AND REPORT ON DEPARTMENT OF DEFENSE USE
OF UNMANNED GROUND VEHICLE SYSTEMS MANUFAC-
TURED BY CERTAIN FOREIGN ENTITIES.
(a) STUDY
ON DEPARTMENT
OF DEFENSE USE
OF CERTAIN
UNMANNED GROUND VEHICLE SYSTEMS.—
(1) STUDY.—The Secretary of Defense shall conduct a study
on the use by the Department of Defense of covered unmanned
ground vehicle systems manufactured by covered foreign enti-
ties.
(2) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study required
under paragraph (1). Such report shall include each of the
following:
(A) An assessment of the extent to which covered
unmanned ground vehicle systems manufactured by cov-
ered foreign entities are used by the Department, including
a list of all such covered unmanned ground vehicle systems.
(B) An assessment of the national security threats
associated with using covered unmanned ground vehicle
systems in applications of the Department, including with
respect to—
(i) cybersecurity;
(ii) technological maturity of the systems; and
(iii) technological vulnerabilities in the systems
that may be exploited by foreign adversaries of the
United States.
(C) A description of any actions taken by the Depart-
ment to identify covered foreign entities that—
(i) develop or manufacture covered unmanned
ground vehicle systems; and
(ii) have a military-civil nexus on the list main-
tained by the Department under section 1260H(b) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law
116–283; 10 U.S.C. 113 note).
(D) An assessment of the feasibility and advisability
of directing the Defense Innovation Unit, or another entity
in the Department of Defense, to develop a list of United
States manufacturers of covered unmanned ground vehicle
systems.
(E) A recommendation on whether a prohibition on
the procurement and operation of covered unmanned
H. R. 5009—304
ground vehicle systems is in the best interest of the
national security of the United States.
(F) The findings and recommendations of the Secretary
with respect to the matters covered by the study and report.
(b) PROHIBITION ON PROCUREMENT AND OPERATION BY DEPART-
MENT OF DEFENSE.—
(1) IN GENERAL.—Subject to paragraph (3), and except as
provided in paragraph (2), beginning on the date that is one
year after the date of the submission of the report required
under subsection (a)(2), the Secretary of Defense may not pro-
cure or operate any covered unmanned ground vehicle system
that is manufactured by a covered foreign entity.
(2) EXCEPTION
FOR
NATIONAL
SECURITY.—Paragraph (1)
shall not apply with respect to the procurement or operation
of a covered unmanned ground vehicle system that is manufac-
tured by a covered foreign entity if the Secretary of Defense
or the Secretary of a military department determines that
the procurement or operation of such system is in the national
interest of the United States.
(3) APPLICABILITY.—Paragraph (1) shall not apply unless
the Secretary of Defense includes in the report required under
paragraph (2) of subsection (a) a recommendation pursuant
to subparagraph (E) of that paragraph that a prohibition on
the procurement and operation of covered unmanned ground
vehicle systems is in the best interest of the national security
of the United States.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered foreign country’’ means any of the
following:
(A) The People’s Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People’s Republic of Korea.
(2) The term ‘‘covered foreign entity’’ means an entity that
is domiciled in a covered foreign country or subject to influence
or control by the government of a covered foreign country,
as determined by the Secretary of Defense.
(3) The term ‘‘covered unmanned ground vehicle system’’—
(A) means a mechanical device that—
(i) is capable of locomotion, navigation, or move-
ment on the ground; and
(ii) operates at a distance from one or more opera-
tors or supervisors based on commands or in response
to sensor data, or through any combination thereof;
and
(B) includes—
(i) remote surveillance vehicles, autonomous patrol
technologies, mobile robotics, and humanoid robots;
and
(ii) the vehicle, its payload, and any external device
used to control the vehicle.
H. R. 5009—305
Subtitle G—Other Matters
SEC. 1081. INTRODUCTION OF ENTITIES IN TRANSACTIONS CRITICAL
TO NATIONAL SECURITY.
Section 1047 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10
U.S.C. 113 note) is amended by striking ‘‘may facilitate the introduc-
tion’’ and inserting ‘‘shall facilitate the introduction’’.
SEC. 1082. INSTALLATION ENERGY PLANS AND ASSESSMENT FOR
REDUCTION OF RELIANCE ON RUSSIAN ENERGY.
Section 1086 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–283; 10
U.S.C. 2911 note) is amended—
(1) in subsection (c), by striking paragraph (2) and inserting
the following new paragraph (2):
‘‘(2) SUBMITTAL OF PLANS.—
‘‘(A) MAIN
OPERATING
BASES;
FEASIBILITY
ASSESS-
MENT.—Not later than December 23, 2023, the Secretary
of Defense shall submit to the congressional defense
committees—
‘‘(i) an installation energy plan for each main oper-
ating base on the list submitted under paragraph
(1)(A); and
‘‘(ii) an assessment of the feasibility of reaching
the goal for the elimination of the use of Russian
energy pursuant to subsection (b) on that base,
including—
‘‘(I) a description of the steps that would be
required to meet such goal; and
‘‘(II) an analysis of the effects such steps would
have on the national security of the United States.
‘‘(B) US EUROPEAN COMMAND OPERATING BASES.—Not
later than one year after the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2025, the Secretary of Defense shall submit to the congres-
sional defense committees an installation energy plan for
each operating base within the area of responsibility of
the United States European Command.’’;
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ‘‘a main’’ and inserting ‘‘an’’; and
(3) by adding at the end the following new subsections:
‘‘(h) LIMITATION.—Of the funds authorized to be appropriated
by the National Defense Authorization Act for Fiscal Year 2025
or otherwise made available for fiscal year 2025 for the Office
of the Secretary of Defense for travel, not more than 75 percent
may be obligated or expended until the submission of the installa-
tion energy plans and assessment required under subsection
(c)(2)(A).
‘‘(i) DEFINITION OF OPERATING BASE.—In this section, the term
‘operating base’ has the meaning of that term as used in the
most recently submitted Global Defense Posture Report, as required
to be submitted under section 113(g)(4)(A)(iii) of title 10, United
States Code.’’.
H. R. 5009—306
SEC. 1083. EXTENSION OF THE NATIONAL COMMISSION ON THE
FUTURE OF THE NAVY.
Section 1092(a)(4) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136
Stat. 2809) is amended by striking ‘‘Not later than July 1, 2024’’
and inserting ‘‘Not later than January 15, 2026’’.
SEC. 1084. MODIFICATION OF NATIONAL SECURITY COMMISSION ON
EMERGING BIOTECHNOLOGY.
Section 1091 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1929) is amended—
(1) in subsection (b), by striking paragraph (3) and redesig-
nating paragraph (4) as paragraph (3);
(2) in subsection (g)(1), by inserting ‘‘and 6 months’’ after
‘‘3 years’’; and
(3) in subsection (r), by striking ‘‘18 months after the date
on which it submits the final report required by subsection
(g)’’ and inserting ‘‘on December 31, 2026’’.
SEC.
1085.
MODIFICATION
OF
DEFENSE
SENSITIVE
SUPPORT
NOTIFICATION REQUIREMENT.
Section 1055 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is
amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘paragraph (3)’’ and
inserting ‘‘paragraphs (3) and (4)’’;
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) ROUTINE DEFENSE SENSITIVE SUPPORT.—In the event
that the provision of defense sensitive support is routine defense
sensitive support, the Secretary shall provide notification under
paragraph (1) on a quarterly basis after providing the support.’’;
and
(D) in paragraph (5), as so redesignated, by striking
‘‘paragraphs (1) and (3)’’ and inserting ‘‘paragraphs (1),
(3), and (4)’’; and
(2) in subsection (c)—
(A) in the subsection heading, by striking ‘‘DEFENSE
SENSITIVE SUPPORT DEFINED’’ and inserting ‘‘DEFINITIONS’’;
(B) by striking ‘‘, the term ‘defense sensitive support’
means support provided by the Department of Defense
to a non-Department of Defense Federal department or
agency that requires special protection from disclosure.’’
and inserting a colon; and
(C) by adding at the end the following new paragraphs:
‘‘(1) The term ‘defense sensitive support’ means support
provided by the Department of Defense to a non-Department
of Defense Federal department or agency that requires special
protection from disclosure.
‘‘(2) The term ‘routine defense sensitive support’ has the
meaning given such term elsewhere in the National Defense
Authorization Act for Fiscal Year 2025.’’.
H. R. 5009—307
SEC. 1086. PLAN FOR ADDITIONAL SKILL IDENTIFIERS FOR ARMY
MOUNTAIN WARFARE SCHOOL.
(a) PLAN REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
develop and implement a plan to establish. with regards to courses
at the Army Mountain Warfare School, each of the following:
(1) Additional skill identifiers for—
(A) enlisted members who complete the—
(i)
Advanced
Military
Mountaineer
Course
(Summer);
(ii)
Advanced
Military
Mountaineer
Course
(Winter);
(iii) Rough Terrain Evacuation Course; or
(iv) Mountain Rifleman Course;
(B) warrant officers who complete the Basic Military
Mountaineer Course; and
(C) enlisted members and warrant officers who com-
plete the Mountain Planner Course.
(2) New skill identifiers for commissioned officers who com-
plete the Basic Military Mountaineer Course or the Mountain
Planner Course.
(b) BRIEFING ON PLAN.—Not later than 30 days after the date
on which the Secretary completes the plan under subsection (a),
the Secretary shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the plan and the implementation of the plan.
SEC. 1087. ESTABLISHMENT OF DEPARTMENT OF DEFENSE WORKING
GROUP ON MULTILATERAL ARTIFICIAL INTELLIGENCE
COORDINATION.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall establish
a working group, or designated a working group of a similar nature,
to develop and coordinate artificial intelligence initiatives among
the allies and partners of the United States.
(b) ORGANIZATION.—
(1) DESIGNATION OF HEAD.—The Secretary shall designate
a senior civilian officer of the Department of Defense or senior
military officer with experience leading relevant efforts, as
determined by the Secretary, to serve as the head of the
working group.
(2) PARTICIPATION BY OTHER MEMBER COUNTRIES.—The Sec-
retary shall establish a process to determine which allies and
partners of the United States shall be asked to participate
as member countries in the working group.
(c) RESPONSIBILITIES.—The responsibilities of the working group
shall be to develop and coordinate efforts to implement an artificial
intelligence initiative between the Department of Defense and allies
and partners of the United States, including by—
(1) comparing tools and practices for artificial intelligence
systems for covered operational uses by member countries;
(2) identifying (including by experimenting, testing, and
evaluating) potential solutions to advance and accelerate the
interoperability of artificial intelligence systems used for intel-
ligence sharing, battlespace awareness, and other covered oper-
ational uses;
H. R. 5009—308
(3) developing a shared strategy for the research, develop-
ment, test, evaluation, and employment of artificial intelligence
systems for covered operational uses carried out jointly by
the member countries;
(4) managing data for artificial intelligence systems,
including multi-level security of training and operational data
used by such systems;
(5) testing and evaluating the capabilities of the defense
industrial base of the member countries to incorporate artificial
intelligence systems into systems used for covered operational
uses;
(6) expanding innovation efforts by the member countries
and share among such countries best practices for the acceler-
ated procurement and adoption of artificial intelligence tech-
nologies for covered operational uses;
(7) carrying out such other activities as the Secretary deter-
mines to be relevant to such responsibilities.
(d) CONTROL OF KNOWLEDGE AND TECHNICAL DATA.—The Sec-
retary shall seek to ensure that any knowledge or technical data
produced by a member country under any cooperative project carried
out by the working group shall be controlled by that country under
the export control laws and regulations of that country and shall
not be subject to the jurisdiction or control of any other member
country.
(e) TERMINATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
working group shall terminate on September 30, 2028.
(2) AUTHORITY TO EXTEND.—The Secretary may extend the
termination date under paragraph (1) if the Secretary deter-
mines such extension to be in the national security interests
of the United States.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘battlespace awareness’’ has the meaning
given that term in the Joint Publication 1–02 of the Department
of Defense, titled ‘‘Department of Defense Dictionary of Military
and Associated Terms’’, or successor publication.
(2) The term ‘‘covered operational use’’ means use by a
government for operations in a defense context.
(3) The term ‘‘member country’’ means a member country
of the working group.
SEC. 1088. RESUMPTION OF CAISSON SERVICES AT FUNERAL SERVICES
AT ARLINGTON NATIONAL CEMETERY.
(a) REQUIREMENT.—The Secretary of the Army shall conduct
at least 20 funeral services with caisson services each week at
Arlington National Cemetery beginning on the date on which the
Secretary of the Army determines that—
(1) the renovations of the historic stables in buildings 233
and 236 at Joint Base Meyer-Henderson Hall are complete;
and
(2) the caisson herd is fully constituted, trained, and cer-
tified.
(b) OPTION FOR LIMITED SERVICES.—The Secretary of the Army
may elect to resume limited caisson services at Arlington National
Cemetery before the requirements of subsection (a) have been met
if the Secretary—
H. R. 5009—309
(1) determines that the health of the caisson herd and
the sustainability of caisson services can be maintained without
disruption; and
(2) consults with the Committees on Armed Services of
the Senate and House of Representatives before resuming such
limited services.
(c) DEFINITIONS.—In this section, with respect to the caisson
herd:
(1) The term ‘‘fully constituted’’ means that such herd
is comprised of at least—
(A) four caisson squads of eleven horses in each;
(B) 14 caparison horses; and
(C) four outreach horses.
(2) The term ‘‘trained’’ means that each caisson squad
within such herd has completed the specialized training deter-
mined necessary by the Commander of the Military District
of Washington to resume caisson support for funeral services.
(3) The term ‘‘certified’’ means that the Commander of
the Military District of Washington, in consultation with equine
and veterinary experts, has confirmed to the Secretary of the
Army that each caisson squad within such herd has met the
training, health, and fitness requirements determined appro-
priate by the Secretary.
SEC. 1089. LIAISON WITH COUNTER UNMANNED AERIAL SYSTEMS TASK
FORCE.
(a) LIAISON
REQUIRED.—The Director of the All-Domain
Anomaly Resolution Office of the Department of Defense shall des-
ignate one or more employees of the Office to act as a liaison
with the Counter Unmanned Aerial Systems Task Force established
under section 925 to improve coordination of efforts and support
enabling capabilities of mutual benefit.
(b) RESPONSIBILITIES.—An individual designated as a liaison
under subsection (a) shall have the following responsibilities:
(1) Conducting information sharing between the Office and
the Task Force on identified or suspected Unmanned Aerial
Systems
events,
including
incident
reporting,
incident
responses, and data on technical characterization of the known
or suspected threats.
(2) Coordinating the development of technical capabilities
for sensing and response to threats.
(3) Developing coordinated tactics, techniques, and proce-
dures for incident response.
SEC. 1090. RESPONDING TO UNMANNED AIRCRAFT SYSTEMS INCUR-
SIONS.
(a) DEVELOPMENT OF STRATEGY OF DEPARTMENT OF DEFENSE
FOR COUNTERING THREATS FROM UNMANNED AIRCRAFT SYSTEMS
TECHNOLOGY.—The Secretary of Defense shall develop a strategy
for countering unmanned aircraft systems (hereinafter in this sec-
tion referred to as ‘‘UAS’’) technology and the threats such tech-
nology poses to facilities, personnel, and assets of the Department
of Defense in the United States.
(b) ASSESSMENT OF COUNTER UAS TECHNOLOGY.—
(1) ASSESSMENT.—The Secretary of Defense, in consultation
with the Attorney General, the Secretary of Transportation,
the Secretary of Homeland Security, and the Director of
National Intelligence, shall conduct an assessment of—
H. R. 5009—310
(A) countering UAS technology;
(B) the threats such technology poses to facilities, per-
sonnel, and assets of the Department of Defense in the
United States; and
(C) the existing counter UAS enterprise of the Depart-
ment.
(2) REPORT.—Not later than June 1, 2025, the Secretary
shall submit to the appropriate congressional committees a
report on the assessment conducted under paragraph (1). Such
report shall include—
(A) the findings of the assessment;
(B) a compilation of any recommended changes to the
countering UAS technology of the Department, including
adjustments in the allocation of resources, in law, policy,
or any other authorities;
(C) recommendations for requirements for the Depart-
ment of Defense to pre-coordinate planned actions in
response to anticipated types of UAS incursions with other
relevant Federal departments and agencies; and
(D) such other matters as the Secretary determines
appropriate.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services, the Committee on
the Judiciary, the Committee on Commerce, Science, and
Transportation, the Committee on Homeland Security and
Governmental Affairs, and the Select Committee on Intelligence
of the Senate; and
(2) the Committee on Armed Services, the Committee on
the Judiciary, the Committee on Transportation and Infrastruc-
ture, the Committee on Homeland Security, and the Permanent
Select Committee on Intelligence of the House of Representa-
tives.
SEC.
1091.
PRIORITIZATION
OF
ACCREDITATION
OF
SENSITIVE
COMPARTMENTED
INFORMATION
FACILITIES
SUP-
PORTING DX-RATED PROGRAMS.
(a) FRAMEWORK FOR PRIORITIZED REVIEW REQUIRED.—Not later
than 270 days after the date of the enactment of this Act, the
Secretary of Defense shall develop a framework for prioritized
review and accreditation and reaccreditations of sensitive compart-
mented information facilities and classified communications net-
works at facilities that are not located on a Department of Defense
installation or facility.
(b) SENSE OF CONGRESS.—It is the sense of Congress that,
in developing the framework under subsection (a), the Secretary
should take into consideration the accreditation or reaccreditation
of facilities and networks that would support programs that are
rated ‘‘DX’’ pursuant to section 700.11 of title 15, Code of Federal
Regulations, or successor regulations.
(c) SUBMITTAL TO CONGRESS.—Not later than 270 days after
the date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees the framework developed
under subsection (a).
H. R. 5009—311
SEC. 1092. ESTABLISHMENT OF NATIONAL SECURITY CAPITAL FORUM.
(a) IN GENERAL.—The Secretary of Defense shall establish a
forum to—
(1) convene domestic and international institutional fin-
anciers, capital providers, investors, entrepreneurs, innovators,
business persons, representatives from across the private sector,
relevant United States Government offices, and government
and private entities of partner nations; and
(2) allow the exchange of information between the entities
referred to in paragraph (1) and the Department of Defense
relating to transactions or potential transactions, in accordance
with applicable law, and to integrate efforts to achieve coordi-
nated effects to support the national security interests of the
United States.
(b) CHAIR.—The Chair of the forum established under sub-
section (a) shall be the Director of the Office of Strategic Capital.
(c) DESIGNATION OF EXECUTIVE AGENT.—The Secretary may
designate the Director as the sole Executive Agent with respect
to the authorities and responsibilities of the Secretary of Defense
under section 1047 of the National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 113 note).
(d) GUIDANCE.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance
on the establishment and operation of the forum established under
subsection (a), including regarding the vetting and selection of
participants. Such guidance shall include each of the following:
(1) A process for due diligence vetting of investment fund
participants to exclude funds with significant investments to
or from countries of concern.
(2) The development of selection criteria for the consider-
ation of a diverse range of investment fund participants,
including by fund size, company-size, socio-economic status,
and participating investment sectors.
(3) Reporting responsibilities for participants to avoid or
mitigate potential or perceived conflicts of interest.
(4) The development of a process for the recusal or removal
of participants.
SEC. 1093. IMPLEMENTATION OF COMPTROLLER GENERAL REC-
OMMENDATIONS RELATING TO THE FOOD PROGRAM OF
THE DEPARTMENT OF DEFENSE.
Not later than 18 months after the date of the enactment
of this Act, the Secretary of Defense shall—
(1) implement the recommendations of the Comptroller
General of the United States contained in the report published
by the Comptroller General in June 2024 and titled ‘‘DOD
Food Program: Additional Actions Needed to Implement, Over-
see, and Evaluate Nutrition Efforts for Service Members’’
(GAO–24–106155); or
(2) if the Secretary does not implement any such rec-
ommendation, submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
explaining why the Secretary has not implemented those rec-
ommendations.
H. R. 5009—312
SEC. 1094. PILOT PROGRAM TO PROVIDE MILITARY AIRCRAFT SUP-
PORT TO AIR SHOWS.
(a) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretary of the Army, the Secretary of the Navy, and
the Secretary of the Air Force, shall provide to Committees on
Armed Services of the Senate and House of Representatives a
briefing on the provision of military aircraft support to air shows.
Such briefing shall include each of the following:
(1) The total number of air shows for which military aircraft
support was provided during the three-year period preceding
the date of the briefing.
(2) For each such air show, the cost of providing the sup-
port, including the cost of training for and supporting the
air show and any cost agreements associated with the provision
of such support that were entered into between the Department
of Defense and any non-Department entity.
(3) An identification of any military assets deployed for
the purpose of providing military aircraft support to an air
show during the three-year period preceding the date of the
briefing.
(4) An analysis of the effect on military readiness of dedi-
cating military assets for use an at air show.
(5) A description of the selection criteria and approval
process used in determining the locations for air shows for
which military aircraft support is provided, including an identi-
fication of any instance in which a request for the provision
of support for an air show was denied.
(6) An analysis of the costs and benefits to the Department
of Defense of providing military aircraft support to air shows,
including air shows specifically in rural or small market areas.
(7) An identification of any measurable effect on recruiting
as a result of providing military aircraft support to air shows.
(8) A recommendation with respect to the advisability and
feasibility of establishing the pilot program required under
subsection (b).
(b) PILOT PROGRAM.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in coordina-
tion with the Secretary of the Army, the Secretary of the Navy,
and the Secretary of the Air Force, shall establish a one-year
pilot program under which the Secretary shall provide military
aircraft and aerial demonstration teams in support of not fewer
than five air shows located in rural or small market areas across
the country for the purpose of providing the public with positive
exposure to the Armed Forces.
(c) REPORTS.—Not later than June 30, 2026, the Secretary
of Defense shall submit to the Committees on Armed Forces of
the Senate and House of Representatives a report on the pilot
program required under subsection (b). Such report shall include
each of the following:
(1) The total number of air shows for which military aircraft
support was provided during the pilot program.
(2) For each such air show, the cost of providing the sup-
port, including the cost of training for and supporting the
air show and any cost agreements associated with the provision
of such support that were entered into between the Department
of Defense and any non-Department entity.
H. R. 5009—313
(3) The number of military assets deployed for the purpose
of providing support to each such air show.
(4) An analysis of the effect on military readiness of dedi-
cating military assets for use an at air show.
(5) A description of the selection criteria and approval
process used in determining the locations for air shows for
which military aircraft support was provided under the pilot
program, including any instance in which a request for an
air show was denied.
(6) An analysis of the costs and benefits to the Department
of Defense of providing military aircraft support to air shows,
including air shows specifically in rural or small market areas.
(7) An identification of any measurable effect on recruiting
as a result of providing military aircraft support to air shows.
(8) An analysis of the costs and benefits of providing mili-
tary aircraft support to air shows compared to other initiatives
to encourage military recruitment, including an analysis of
the costs and benefits of mandating that each of the Armed
Forces provide military aircraft support to air shows each year.
TITLE XI—CIVILIAN PERSONNEL
Sec. 1101. Pilot program for the temporary exchange of information technology per-
sonnel.
Sec. 1102. Extension of authority for noncompetitive appointments of military
spouses by Federal agencies.
Sec. 1103. Extension of living quarters allowance to civilian DOD employees in po-
sitions with critical shortages stationed in Guam.
Sec. 1104. One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for federal civilian employees work-
ing overseas.
Sec. 1105. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1106. Pilot program for overseas work-period for DOD competitive service posi-
tions.
Sec. 1107. Employment and compensation of civilian faculty members at Inter-
American Defense College.
Sec. 1108. Treatment of veterans who did not register for the selective service.
Sec. 1109. Increase in military leave accrual and accumulation for Federal employ-
ees.
Sec. 1110. Sufficient firefighter personnel covered installations.
Sec. 1111. Extension of direct hire authority for domestic industrial base facilities
and Major Range and Test Facilities Base.
Sec. 1112. Modifications to the John S. McCain Strategic Defense Fellows Program.
Sec. 1113. Modification of pilot program on dynamic shaping of the workforce to im-
prove the technical skills and expertise at certain Department of De-
fense laboratories.
Sec. 1114. Continuity of coverage under certain provisions of title 5, United States
Code.
Sec. 1115. Limitation on establishment of new diversity, equity, and inclusion posi-
tions; hiring freeze.
SEC. 1101. PILOT PROGRAM FOR THE TEMPORARY EXCHANGE OF
INFORMATION TECHNOLOGY PERSONNEL.
Section 1110(a)(1)(A) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 5 U.S.C. 3702 note)
is amended by inserting ‘‘or performs financial management and
budgeting tasks for a private sector organization that primarily
develops software or provides software services’’ before the semi-
colon at the end.
H. R. 5009—314
SEC.
1102.
EXTENSION
OF
AUTHORITY
FOR
NONCOMPETITIVE
APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL
AGENCIES.
(a) IN GENERAL.—Section 573(e) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 5 U.S.C. 3330d note) is repealed.
(b) EXTENSION
AND REPORT.—Section 1119 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31) is amended—
(1) in subsection (d), by striking ‘‘December 31, 2028’’ and
inserting ‘‘December 31, 2033’’; and
(2) by adding after subsection (d) the following:
‘‘(e) REPORTS.—
‘‘(1) IN GENERAL.—Not later December 31, 2025, and each
year thereafter until the sunset date in subsection (d), the
Secretary of Defense, in consultation with the Director of the
Office of Personnel Management, shall—
‘‘(A) submit a report, to the Committees on Armed
Services of the House Representatives and the Senate,
the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Oversight
and Accountability of the House of Representatives, on
the use of the hiring authority under section 3330d of
title 5, United States Code; and
‘‘(B) publish such report on the public website of the
Department of Defense.
‘‘(2) CONTENTS.—Each report under paragraph (1) shall
include information on—
‘‘(A) how often such authority is used by agencies;
‘‘(B) what positions are filled using such authority,
and the grade and locations of such positions;
‘‘(C) the number of military spouse applicants seeking
positions under such authority who were not selected and
the grade and locations of such positions;
‘‘(D) the number of military spouse applicants selected
for a position they were subsequently determined to not
be qualified for; and
‘‘(E) how often Department of Defense components
exercised exceptions to spouse preference procedures and
the grade and locations of such positions.
‘‘(3) FINAL REPORT.—The final report required under para-
graph (1) shall, in addition to the contents required under
paragraph (2), include—
‘‘(A) an assessment of the effectiveness of such
authority in placing military spouses into jobs for which
they were highly qualified, including an analysis of their
success, as determined by their tenure, promotion, and
performance reviews, along with any other matters the
Secretary considers appropriate; and
‘‘(B) whether such authority should be made perma-
nent.’’.
(c) TECHNICAL AMENDMENTS.—
(1) IN GENERAL.—Section 1119(a) of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31)
is amended—
(A) in paragraph (2)—
H. R. 5009—315
(i) by striking ‘‘(2)’’ and all that follows through
‘‘the following:’’ and inserting the following:
‘‘(2) in subsection (a)—
‘‘(A) by redesignating paragraph (5), as added by sec-
tion 1112(a)(1)(C) of this Act, as paragraph (6); and
‘‘(B) by inserting after paragraph (4), as redesignated
by section 1112(a)(1)(A) of this Act, the following:’’; and
(ii) in the quoted material, by striking ‘‘(4) The
term’’ and inserting ‘‘(5) The term’’; and
(B) in paragraph (3)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘, as amended by section 1112(a)(2) of this
Act’’ after ‘‘in subsection (b)’’;
(ii) in subparagraph (A), by striking ‘‘paragraph
(1)’’ and inserting ‘‘paragraph (2)’’;
(iii) in subparagraph (B), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraph (3)’’; and
(iv) in subparagraph C), in the quoted material,
by striking ‘‘(3) a spouse’’ and inserting ‘‘(4) a spouse’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect as if included in the enactment of section
1119 of the National Defense Authorization Act for Fiscal Year
2024 (Public Law 118–31).
SEC. 1103. EXTENSION OF LIVING QUARTERS ALLOWANCE TO CIVILIAN
DOD EMPLOYEES IN POSITIONS WITH CRITICAL SHORT-
AGES STATIONED IN GUAM.
Section 1102 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31) is amended—
(1) in the section heading, by striking ‘‘DEPARTMENT OF
THE
NAVY
CIVILIAN
EMPLOYEES
ASSIGNED
TO
PERMANENT
DUTY IN GUAM FOR PERFORMING WORK, OR SUPPORTING WORK
BEING
PERFORMED, ABOARD
OR
DOCKSIDE, OF
U.S. NAVAL
VESSELS’’ and inserting ‘‘CIVILIAN EMPLOYEES OF THE DEPART-
MENT OF DEFENSE STATIONED IN GUAM’’;
(2) in subsection (a), by striking ‘‘Secretary of the Navy’’
and inserting ‘‘Secretary of Defense’’; and
(3) by striking subsection (b) and inserting the following:
‘‘(b) COVERED EMPLOYEE DEFINED.—In this section, the term
‘covered employee’ means any civilian employee of the Department
of Defense whose permanent duty station is located in Guam and
who has been deemed by the Secretary of Defense to be employed
in a position with critical shortages.
‘‘(c) SUNSET.—The authority under this section shall terminate
on January 1, 2034.’’.
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA-
TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES
WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110–
417; 122 Stat. 4615), as most recently amended by section 1102
of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117–263), is further amended by
striking ‘‘through 2024’’ and inserting ‘‘through 2025’’.
H. R. 5009—316
SEC. 1105. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO
GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supple-
mental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443),
as added by section 1102 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4616) and as most recently amended by section 1109 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118–31), is further amended by striking ‘‘2025’’ and inserting
‘‘2026’’.
SEC. 1106. PILOT PROGRAM FOR OVERSEAS WORK-PERIOD FOR DOD
COMPETITIVE SERVICE POSITIONS.
(a) IN GENERAL.—The 5-year limitation on competitive service
employment in a foreign area in Department of Defense Instruction
1400.25, titled ‘‘DoD Civilian Personnel Management System:
Employment in Foreign Areas and Employee Return Rights’’ and
issued on July 26, 2012 (or a successor instruction), may be extended
by the first 0-6 in the employees chain of command for one addi-
tional 5 year term.
(b) EXTENSION.—An extension request under subsection (a)
shall not require a business case, or similar, analysis to justify
the additional foreign area extension.
(c) REPORT.—Not later than December 31, 2025, and yearly
after that for the next 5 years, the Secretary of Defense shall
submit a report to the congressional defense committees on the
following:
(1) The impact of this section on recruiting and retaining
civilian competitive service employees at the Department of
Defense.
(2) The total number of—
(A) Department employees that were able to remain
in positions as a result of this section; and
(B) Department positions that were not open for initial
appointments as a result of this section.
(3) The grade and classification of Department positions
affected by this section.
(4) Any other information the Secretary deems appropriate.
(d) FOREIGN AREA DEFINED.—In this section, the term ‘‘foreign
area’’ means any location that is not within a nonforeign area
(as that term is defined in section 591.205 of title 5, Code of
Federal Regulations, or any successor regulation).
(e) SUNSET.—The authority under this section shall expire on
the date that is 2 years after the date of the enactment of this
Act.
SEC. 1107. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY
MEMBERS AT INTER-AMERICAN DEFENSE COLLEGE.
(a) IN GENERAL.—Subsection (c) of section 1595 of title 10,
United States Code, is amended by adding at the end the following
new paragraph:
‘‘(9) The United States Element of the Inter-American
Defense College.’’.
H. R. 5009—317
(b) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subsection (a), by striking ‘‘institutions’’ and inserting
‘‘organizations’’; and
(2) in subsection (c)—
(A) in the subsection heading, by striking ‘‘Institutions’’
and inserting ‘‘Organizations’’; and
(B) in the matter preceding paragraph (1), by striking
‘‘institutions’’ and inserting ‘‘organizations’’.
SEC. 1108. TREATMENT OF VETERANS WHO DID NOT REGISTER FOR
THE SELECTIVE SERVICE.
Section 3328 of title 5, United States Code, is amended by—
(1) in subsection (a)(1), by striking ‘‘(50 U.S.C. App. 453)’’
and inserting ‘‘(50 U.S.C. 3802)’’;
(2) redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new sub-
section:
‘‘(b) Subsection (a) shall not apply to an individual—
‘‘(1) who is a veteran;
‘‘(2) who provides evidence of active duty service to the
Executive agency in which the individual seeks an appointment;
and
‘‘(3) for whom the requirement to register under section
3 of the Military Selective Service Act (50 U.S.C. 3802) has
terminated or is now inapplicable due to age.’’; and
(4) by adding at the end the following new subsection:
‘‘(d) In this section, the terms ‘active duty’ and ‘veteran’ have
the meaning given those terms in section 101 of title 38.’’.
SEC. 1109. INCREASE IN MILITARY LEAVE ACCRUAL AND ACCUMULA-
TION FOR FEDERAL EMPLOYEES.
Section 6323(a)(1) of title 5, United States Code, is amended
by striking ‘‘15 days’’ each place it appears and inserting ‘‘20 days’’.
SEC.
1110.
SUFFICIENT
FIREFIGHTER
PERSONNEL
COVERED
INSTALLATIONS.
(a) IN GENERAL.—The Secretary of Defense shall ensure that—
(1) a sufficient number of firefighter personnel are on duty
at each covered installation to maintain manning and service
necessary to safeguard life and property at such covered
installation; and
(2) a risk assessment may not be used to limit the number
of firefighter personnel at a covered installation.
(b) COVERED INSTALLATION DEFINED.—In this section, the term
‘‘covered installation’’ means a military installation under the juris-
diction of the Chief of Space Operations of the United States Space
Force with a space launch facility.
SEC. 1111. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC
INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND
TEST FACILITIES BASE.
(a) EXTENSION.—Section 1125(a) of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.;
Public Law 114–328) is amended by striking ‘‘through 2028’’ and
inserting ‘‘through 2030’’.
(b) BRIEFING.—Section 1102(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91), as
H. R. 5009—318
amended by section 1107(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1597),
is further amended—
(1) in the matter preceding paragraph (1), by striking
‘‘through 2025’’ and inserting ‘‘through 2030’’; and
(2) in paragraph (1), by striking ‘‘(as amended by subsection
(a))’’.
SEC. 1112. MODIFICATIONS TO THE JOHN S. MCCAIN STRATEGIC
DEFENSE FELLOWS PROGRAM.
(a)
NONCOMPETITIVE
APPOINTMENT
AND
CONVERSION
AUTHORITY.—Section 932(f) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 1580 note prec.;
Public Law 115–232) is amended—
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new para-
graphs:
‘‘(2) NONCOMPETITIVE APPOINTMENT OR CONVERSION.—
‘‘(A) IN
GENERAL.—Upon a participant’s successful
completion of the fellows program, the Secretary may, with-
out regard to the provisions of subchapter I of chapter
33 of title 5, United States Code, noncompetitively appoint
or convert the participant into a vacant competitive or
excepted service position in the Department, if the Sec-
retary determines that such appointment or conversion
will contribute to the development of highly qualified future
senior leaders for the Department.
‘‘(B) GRADE.—The Secretary may appoint or convert
a participant under subparagraph (A) into a position at
or below the level of GS–13 of the General Schedule or
an equivalent position for which the participant is qualified
without regard to any minimum time-in-grade require-
ments.
‘‘(C) CONSENT.—Before converting an individual to the
competitive service under this paragraph, the Secretary
shall notify and receive written consent from the individual
of the individual’s change in status.
‘‘(3) APPOINTMENT
OF
FORMER
PARTICIPANTS.—The Sec-
retary may use the authority provided by paragraph (2) for
a participant—
‘‘(A) not later than one year after the date of the
participant’s successful completion of the fellows program;
or
‘‘(B) in the case of a participant who entered the fellows
program before the date of the enactment of this subpara-
graph, not later than one year after such date of enact-
ment.’’.
(b) CONFORMING AMENDMENT.—Section 932(e)(2) of such Act
is amended by inserting before the period at the end of the last
sentence the following: ‘‘and subsection (f)(2)’’.
SEC. 1113. MODIFICATION OF PILOT PROGRAM ON DYNAMIC SHAPING
OF THE WORKFORCE TO IMPROVE THE TECHNICAL
SKILLS AND EXPERTISE AT CERTAIN DEPARTMENT OF
DEFENSE LABORATORIES.
Section 1109 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 4091 note prec.; Public Law 114–
92) is amended—
H. R. 5009—319
(1) in subsection (b)—
(A) in paragraph (3)—
(i) by inserting ‘‘or 8414’’ before ‘‘of title 5’’; and
(ii) by striking ‘‘or 3522’’ and inserting ‘‘or
8414(b)(1)(B)’’; and
(B) in paragraph (4), in the matter preceding subpara-
graph (A), by striking ‘‘section 8414(b)(1)(B) of title 5,
United States Code, without regard to clause (iv) or (v)
of such section or section 3522 of such title’’ and inserting
‘‘section 3522 of title 5, United States Code’’; and
(2) in subsection (c), by striking ‘‘section 4121(b)’’ and
inserting ‘‘subsections (a) and (b) of section 4121’’.
SEC. 1114. CONTINUITY OF COVERAGE UNDER CERTAIN PROVISIONS
OF TITLE 5, UNITED STATES CODE.
(a) MILITARY LEAVE FOR FEDERAL CIVILIAN EMPLOYEES.—Sec-
tion 6323 of title 5, United States Code, is amended—
(1) in subsection (a)(1), by striking ‘‘as a Reserve of the
armed forces or member of the National Guard’’ and inserting
‘‘as a Reserve of the armed forces, a member of the National
Guard, or a member of the Space Force in space force active
status (as defined in section 101(e)(1) of title 10) and not
on sustained duty under section 20105 of title 10’’; and
(2) in subsection (b)(1), by inserting before the semicolon
at the end the following: ‘‘or is a member of the Space Force
in space force active status (as defined in section 101(e)(1)
of title 10) and not on sustained duty under section 20105
of title 10’’.
(b) CLERICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 6323. Military leave: Reserves, National Guard members,
and certain members of the Space Force’’.
(2) TABLE OF SECTIONS.—The item relating to such section
in the table of sections at the beginning of chapter 63 of
such title is amended to read as follows:
‘‘6323. Military leave: Reserves, National Guard members, and certain members of
the Space Force.’’.
SEC. 1115. LIMITATION ON ESTABLISHMENT OF NEW DIVERSITY,
EQUITY, AND INCLUSION POSITIONS; HIRING FREEZE.
(a) IN GENERAL.—During the period described in subsection
(b), the Secretary of Defense may not—
(1) establish any new positions within the Department
of Defense with responsibility for matters relating to diversity,
equity, and inclusion; or
(2) fill any vacancies in positions in the Department with
responsibility for such matters.
(b) PERIOD DESCRIBED.—The period described in this subsection
is the period—
(1) beginning on the date of the enactment of this Act;
and
(2) ending on the earlier of—
(A) the date the Comptroller General submits to Con-
gress the study required by section 529B(b)(2) of the
National Defense Authorization Act for Fiscal Year 2024
(Public Law 118–31); or
H. R. 5009—320
(B) the date that is 1 year after the date of the enact-
ment of this Act.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to prevent the Secretary from reducing the number of
positions relating to diversity, equity, and inclusion or from elimi-
nating specific positions relating to diversity, equity, and inclusion.
TITLE XII—MATTERS RELATING TO
FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Modification of authority to build capacity of foreign security forces and
modification of support for execution of bilateral agreements concerning
illicit transnational maritime activity in Africa.
Sec. 1202. Modification of authority for Naval Small Craft Instruction and Tech-
nical Training School.
Sec. 1203. Assessment, monitoring, and evaluation of programs and activities.
Sec. 1204. Quarterly briefings on counterterrorism operations, irregular warfare,
and sensitive activities.
Sec. 1205. Extension of modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension of authorities.
Sec. 1207. Extension and modification of defense operational resilience inter-
national cooperation pilot program.
Sec. 1208. Acceptance and expenditure of contributions for multilateral security co-
operation programs and activities.
Sec. 1209. Temporary authority to provide training to military forces or national
security forces of Costa Rica and Panama.
Sec. 1210. Improvements to defense acquisition workforce for foreign military sales.
Subtitle B—Matters Relating to Israel
Sec. 1211. Statement of policy ensuring Israel’s defense.
Sec. 1212. Modification of United States-Israel anti-tunnel cooperation.
Sec. 1213. Requirement to conduct subterranean warfare military exercises.
Sec. 1214. Strategic partnership on defense industrial priorities between the
United States and Israel.
Sec. 1215. Establishment of program between the United States and Israel for mili-
tary trauma education and training.
Subtitle C—Matters Relating to the Near and Middle East
Sec. 1221. Key partners for Middle East Regional Integration Military Subject Mat-
ter Expert Exchange Program.
Sec. 1222. Extension and modification of annual report on military power of Iran.
Sec. 1223. Modification of report on the military capabilities of Iran and related ac-
tivities.
Sec. 1224. Prohibition on providing funding to Iranian entities.
Sec. 1225. Notification relating to arms trafficking by Iran.
Sec. 1226. Assessment and plan with respect to equipment provided to Kurdish
Peshmerga forces.
Sec. 1227. Extension of authority for reimbursement of certain coalition nations for
support provided to United States military operations.
Sec. 1228. Extension and modification of security briefings on Afghanistan.
Sec. 1229. Notifications regarding terrorist groups in Afghanistan.
Sec. 1230. Extension of authority to support operations and activities of the office
of security cooperation in Iraq.
Sec. 1231. Extension and modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1232. Extension of authority to provide assistance to vetted Syrian groups and
individuals.
Sec. 1233. Statement of policy on recognition of the Assad regime.
H. R. 5009—321
Subtitle A—Assistance and Training
SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF FOR-
EIGN SECURITY FORCES AND MODIFICATION OF SUP-
PORT FOR EXECUTION OF BILATERAL AGREEMENTS CON-
CERNING ILLICIT TRANSNATIONAL MARITIME ACTIVITY
IN AFRICA.
(a) MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF FOR-
EIGN SECURITY FORCES.—Paragraph (2) of section 333(g) of title
10, United States Code, is amended to read as follows:
‘‘(2) AVAILABILITY OF FUNDS FOR PROGRAMS ACROSS FISCAL
YEARS.—Amounts made available in fiscal year 2025 or any
subsequent fiscal year to carry out the authority in subsection
(a) may be used for programs under that authority that begin
in such fiscal year and end not later than the end of the
third fiscal year thereafter.’’.
(b) MODIFICATION OF SUPPORT FOR EXECUTION OF BILATERAL
AGREEMENTS
CONCERNING
ILLICIT
TRANSNATIONAL
MARITIME
ACTIVITY
IN
AFRICA.—Section 1808 of the National Defense
Authorization Act for Fiscal Year 2024 (10 U.S.C. 331 note) is
amended—
(1) in the section heading, by striking ‘‘IN AFRICA’’; and
(2) in subsection (a), by striking ‘‘African’’.
SEC. 1202. MODIFICATION OF AUTHORITY FOR NAVAL SMALL CRAFT
INSTRUCTION AND TECHNICAL TRAINING SCHOOL.
(a) IN GENERAL.—Section 352(e) of title 10, United States Code,
is amended to read as follows:
‘‘(e) COSTS.—(1) The fixed costs of the School may be paid
from amounts made available for the Navy as follows:
‘‘(A) The costs of operating and maintaining the School
may be paid from amounts made available to the Navy for
operation and maintenance.
‘‘(B) The costs of the equipment requirements of the School
may be paid from amounts made available to the Navy for
procurement.
‘‘(C) The costs of the facilities construction requirements
of the School may be paid from amounts made available to
the Navy for military construction.
‘‘(2) The food procurement and service costs of the School that
may be paid from amounts made available to the Navy for operation
and maintenance are as follows:
‘‘(A) The costs of providing food services to personnel, visi-
tors, and international students at the School.
‘‘(B) The costs of operating, maintaining, and sustaining
a dining facility or contracted food services at the School.’’.
(b) UPDATES REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall update
the Security Assistance Management Manual (DSCA 5105.38–M)
and volume 15 of the Department of Defense Financial Management
Regulation (DoD 7000.14–R) in accordance with the amendment
made by this section.
H. R. 5009—322
SEC. 1203. ASSESSMENT, MONITORING, AND EVALUATION OF PRO-
GRAMS AND ACTIVITIES.
Section 383(d)(1)(B) of title 10, United States Code, is amended
by inserting ‘‘, including a description of challenges in executing
the program,’’ after ‘‘lessons learned’’.
SEC. 1204. QUARTERLY BRIEFINGS ON COUNTERTERRORISM OPER-
ATIONS, IRREGULAR WARFARE, AND SENSITIVE ACTIVI-
TIES.
(a) IN GENERAL.—Section 485 of title 10, United States Code,
is amended—
(1) in the section heading, by striking ‘‘Monthly counter-
terrorism operations briefings’’ and inserting ‘‘Quarterly
briefings on counterterrorism operations, irregular war-
fare, and sensitive activities’’; and
(2) by amending subsection (a) to read as follows:
‘‘(a) BRIEFINGS REQUIRED.—The Secretary of Defense shall pro-
vide to the congressional defense committees quarterly briefings
on counterterrorism operations and related activities (including the
use of military force under the notion of collective self-defense
of foreign partners), irregular warfare activities, and other sensitive
activities conducted by the Department of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
23 of title 10, United States Code, is amended by striking the
item relating to section 485 and inserting the following:
‘‘485. Quarterly briefings on counterterrorism operations, irregular warfare, and
sensitive activities.’’.
SEC. 1205. EXTENSION OF MODIFICATION TO AUTHORITY TO PROVIDE
SUPPORT FOR CONDUCT OF OPERATIONS.
(a) IN GENERAL.—Section 1205 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117–
263; 136 Stat. 2830) is amended by striking ‘‘such section 331’’
and all that follows and inserting the following: ‘‘such section 331—
‘‘(1) in each of fiscal years 2023 and 2024 may not exceed
$950,000,000; and
‘‘(2) in each of fiscal years 2025 and 2026 may not exceed
$750,000,000.’’.
(b) MODIFICATION TO ANNUAL REPORT.—Section 386(b) of title
10, United States Code, is amended as follows:
(1) In paragraph (2)—
(A) by redesignating subparagraphs (A) through (H)
as subparagraphs (B) through (I), respectively; and
(B) by inserting before subparagraph (B), as so redesig-
nated, the following:
‘‘(A) With respect to section 331 of this title, the value
of all logistic support, supplies, and services for which
notice is required by such section.’’.
(2) In paragraph (3)—
(A) by redesignating subparagraphs (B) through (J)
as subparagraphs (C) through (K), respectively; and
(B) by inserting after paragraph (A) the following:
‘‘(B) The number of new programs carried out during
the period of the report that required notice under section
331 of this title.’’.
H. R. 5009—323
SEC. 1206. EXTENSION OF AUTHORITIES.
(a) SECURITY COOPERATION PROGRAMS WITH FOREIGN PART-
NERS.—Section 1208 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136
Stat. 2831; 10 U.S.C. 301 note) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘2025’’ and inserting ‘‘2027’’; and
(2) in subsection (b), by striking ‘‘2025’’ and inserting
‘‘2027’’.
(b) IMPLEMENTATION OF ACT.—Section 1210E(a) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) is amended,
in the matter preceding paragraph (1), by striking ‘‘2025’’ and
inserting ‘‘2027’’.
SEC. 1207. EXTENSION AND MODIFICATION OF DEFENSE OPERATIONAL
RESILIENCE INTERNATIONAL COOPERATION PILOT PRO-
GRAM.
Section 1212 of the National Defense Authorization Act for
Fiscal Year 2023 (10 U.S.C. 311 note) is amended—
(1) in subsection (b), by striking ‘‘December 31, 2025’’ and
inserting ‘‘December 31, 2027’’;
(2) in subsection (d)—
(A) by striking ‘‘2025’’ and inserting ‘‘2027’’;
(B)
by
striking
‘‘$10,000,000’’
and
inserting
‘‘$15,000,000’’; and
(C) by striking ‘‘, which shall be allocated in accordance
with the priorities of the commanders of the geographic
combatant commands’’;
(3) by redesignating subsections (e) through (g) as sub-
sections (f) through (h), respectively;
(4) by inserting after subsection (d) the following new sub-
section:
‘‘(e) PRIORITIZATION.—In providing security cooperation for the
purposes described in section (c)(1), the Secretary shall prioritize
efforts based on—
‘‘(1) the priorities of the commanders of the geographic
combatant commands;
‘‘(2) the operational relevance of the effort;
‘‘(3) the need of the foreign partner; and
‘‘(4) programs in less developed countries.’’; and
(5) in subsection (g), as so redesignated, by striking ‘‘2025’’
and inserting ‘‘2027’’.
SEC. 1208. ACCEPTANCE AND EXPENDITURE OF CONTRIBUTIONS FOR
MULTILATERAL SECURITY COOPERATION PROGRAMS
AND ACTIVITIES.
(a) AUTHORITY TO ACCEPT AND EXPEND CONTRIBUTIONS.—The
Secretary of Defense, with the concurrence of the Secretary of
State, may accept, manage, and expend contributions, including
funds and defense articles and defense services, from foreign govern-
ments for mutually agreed upon purposes to carry out security
cooperation programs and activities of the Department of Defense
authorized by—
(1) chapter 16 of title 10, United States Code;
(2) the Taiwan Security Cooperation Initiative authorized
by section 1323; or
H. R. 5009—324
(3) section 1250 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068).
(b) ACCOUNT REQUIREMENTS.—
(1) FUNDS.—Contributions of funds accepted under sub-
section (a) shall be placed in an account established for such
purpose and shall remain available for the following 2 fiscal
years for the mutually agreed upon purposes specified in sub-
section (a).
(2) DEFENSE ARTICLES.—Contributions of defense articles
accepted under subsection (a) shall be placed in United States
inventory.
(3) SEPARATE
COUNTRY
ACCOUNTS.—The Secretary of
Defense shall establish a separate sub-account for each country
under the account established under paragraph (1).
(4) COMPLIANCE.—Such expenditures and provision of
defense articles and services shall comply with the prohibitions
and limitations, notice, reporting, and other requirements speci-
fied in such authorities or applicable statute.
(c) PREVIOUSLY DENIED FUNDS.—Funds accepted or otherwise
made available under subsection (a) may not be expended, in whole
or in part, for any purpose for which Congress has previously
denied funds.
(d) NOTIFICATION REQUIRED.—Not later than 48 hours after
receiving a contribution under subsection (a), the Secretary of
Defense shall provide to the appropriate committees of Congress
a written notification that, at a minimum, includes an identification
of the following:
(1) The foreign government making the contribution.
(2) The mutually agreed upon purpose for which the con-
tribution is being made.
(3) The process and anticipated timeline for the use of
such contribution under the authorities specified in subsection
(a).
(4) Any other condition or limitation placed on the contribu-
tion by the foreign government making the contribution.
(e) ANNUAL REPORT.—Not later than March 1, 2026, and March
1 of each year thereafter through 2030, the Secretary shall submit
to the appropriate committees of Congress a report on any funds
accepted or expended under this section during the preceding cal-
endar year, including the following:
(1) An identification of the foreign government or govern-
ments involved from which contributions were received.
(2) For each foreign government—
(A) the amount of funds, equipment, or type of services
provided by the foreign government; and
(B) the amount of any remaining unobligated balance
or accepted equipment remaining in United States inven-
tory.
(3) A description of the purpose of such contributions were
provided.
(4) A description of any written agreement entered into
with a country under this section, including the date on which
the agreement was signed.
(f) SUBMISSION OF INSTRUMENTS.—
(1) IN GENERAL.—Not later than 30 days after the signa-
ture, conclusion, or other finalization of any non-binding
instrument related to the implementation of this section, the
H. R. 5009—325
President shall submit to the appropriate committees of Con-
gress the text of such agreement or instrument.
(2) NON-DUPLICATION
OF
EFFORTS; RULE
OF
CONSTRUC-
TION.—To the extent the text of a non-binding instrument is
submitted to the appropriate committees of Congress pursuant
to paragraph (1), such text shall not be required to be submitted
to Congress pursuant to section 112b(a)(1)(A)(ii) of title 1,
United States Code. Paragraph (1) may not be construed to
relieve the executive branch of any other requirement of section
112b of title 1, United States Code, or any other provision
of law.
(3) DEFINITIONS.—
(A) The term ‘‘text’’, with respect to a non-binding
instrument, includes—
(i) any annex, appendix, codicil, side agreement,
side letter, or any document of similar purpose or
function to the aforementioned, regardless of the title
of the document, that is entered into contempora-
neously and in conjunction with the non-binding
instrument; and
(ii) any implementing agreement or arrangement,
or any document of similar purpose or function to
the aforementioned, regardless of the title of the docu-
ment, that is entered into contemporaneously and in
conjunction with the non-binding instrument.
(B) The term ‘‘contemporaneously and in conjunction
with’’—
(i) shall be construed liberally; and
(ii) may not be interpreted to require any action
to have occurred simultaneously or on the same day.
(g) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(h) RULE OF CONSTRUCTION.—Nothing in this section may be
construed as circumventing the applicable requirements of the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
(i) TERMINATION.—The authority provided by this section shall
terminate on December 31, 2029.
SEC. 1209. TEMPORARY AUTHORITY TO PROVIDE TRAINING TO MILI-
TARY FORCES OR NATIONAL SECURITY FORCES OF COSTA
RICA AND PANAMA.
In conducting training with friendly foreign countries under
section 321 of title 10, United States Code, notwithstanding sub-
section (a)(2) of that section, beginning on the date of the enactment
of this Act and ending on December 31, 2030, the general purpose
forces of the United States Armed Forces may train with the mili-
tary forces or national security forces of the following countries:
(1) Costa Rica.
(2) Panama.
H. R. 5009—326
SEC. 1210. IMPROVEMENTS TO DEFENSE ACQUISITION WORKFORCE
FOR FOREIGN MILITARY SALES.
(a) STUDY AND REPORT.—
(1) STUDY.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek
to enter into a contract with a nonprofit organization or feder-
ally funded research and development center to study—
(A) the feasibility and advisability of establishing a
contracting capacity that is specific to the execution of
contracts for foreign military sales; and
(B) the feasibility and advisability of establishing a
dedicated contracting capacity to directly support foreign
military sales contracting activities.
(2) REPORT.—Not later than December 1, 2025, the Sec-
retary shall submit to the congressional defense committees
a report that contains—
(A) the results of the study required by paragraph
(1); and
(B) any comments of the Secretary with respect to
the study.
(b) FOREIGN MILITARY SALES CONTINUOUS PROCESS IMPROVE-
MENT BOARD.—
(1) ESTABLISHMENT.—The Secretary of Defense shall estab-
lish a Foreign Military Sales Continuous Process Improvement
Board (in this section referred to as the ‘‘Board’’) to serve
as an enduring governance structure within the Department
of Defense that reports to the Secretary on matters relating
to the foreign military sales process so as to enhance account-
ability and continuous improvement within the Department,
including the objectives of—
(A) improving the understanding, among officials of
the Department, of ally and partner requirements;
(B) enabling efficient reviews for release of technology;
(C) providing ally and partner countries with relevant
priority equipment;
(D) accelerating acquisition and contracting support;
(E) expanding the capacity of the defense industrial
base;
(F) working with other departments and agencies to
promote broad United States Government support; and
(G) any other matters determined by the Secretary
to be relevant to the Board.
(2) MEMBERSHIP.—The Board shall be composed of not
fewer than seven members, each of whom shall have expertise
in security cooperation, security assistance, defense acquisition,
business process reform, or any disciplines the Secretary deter-
mines to be important to the functioning of the Board.
(3) SUNSET.—This subsection shall terminate on December
31, 2030.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘defense acquisition workforce’’ means the
Department of Defense acquisition workforce described in
chapter 87 of title 10, United States Code.
(2) The term ‘‘nonprofit organization’’ means an organiza-
tion described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code
H. R. 5009—327
(3) The term ‘‘security cooperation workforce’’ has the
meaning given the term in section 384 of title 10, United
States Code.
Subtitle B—Matters Relating to Israel
SEC. 1211. STATEMENT OF POLICY ENSURING ISRAEL’S DEFENSE.
It is the policy of the United States to work with Israel to
ensure adequate stocks of interceptors and weapons system compo-
nents to defend Israel against air and missile threats from Iran
and Iranian military proxies, such as Hamas, Hezbollah, the
Houthis, and the Palestinian Islamic Jihad, if the transfer of such
interceptors and weapons system components are in the national
security interests of the United States.
SEC. 1212. MODIFICATION OF UNITED STATES-ISRAEL ANTI-TUNNEL
COOPERATION.
Subsection (a)(1) of section 1279 of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is
amended, in the first sentence, by striking ‘‘detect, map, and neu-
tralize underground tunnels’’ and inserting ‘‘detect, map, maneuver
in, and neutralize underground tunnels’’.
SEC. 1213. REQUIREMENT TO CONDUCT SUBTERRANEAN WARFARE
MILITARY EXERCISES.
(a) EXERCISES REQUIRED.—Beginning on January 1 of the year
that begins after the date of the enactment of this Act, the Secretary
of Defense shall require the United States Central Command or
other relevant commands, units, or organizations of the United
States military services, as the Secretary determines appropriate,
to conduct military exercises that—
(1) occur not fewer than once in a calendar year;
(2) shall include invitations for the armed forces of Israel,
provided that the Government of Israel consents to the partici-
pation of its forces in such exercises;
(3) may include invitations for the armed forces of other
allies and partners of the United States to take part in the
exercises;
(4) seek to enhance the interoperability and effectiveness
of the United States military services, the armed forces of
Israel, and the armed forces of other allies and partners of
the United States in coalition operations; and
(5) shall include, if available resources permit, the following
activities—
(A) practicing or simulating locating subterranean
tunnel entrances and exits;
(B) practicing infiltrating and mapping subterranean
tunnels;
(C) practicing maneuvering within subterranean tun-
nels of varying sizes; and
(D) practicing neutralizing or demolishing subterra-
nean tunnels.
(b) SUNSET.—The requirements in subsection (a) shall termi-
nate on December 31 of the year described in subsection (a).
H. R. 5009—328
SEC. 1214. STRATEGIC PARTNERSHIP ON DEFENSE INDUSTRIAL PRIOR-
ITIES BETWEEN THE UNITED STATES AND ISRAEL.
The Secretary of Defense shall seek to establish a partnership
between the Defense Innovation Unit of the Department of Defense
and appropriate counterparts of Israel in order to—
(1) enhance market opportunities for United States-based
and Israeli-based defense technology companies;
(2) increase interoperability through dual-use and emerging
technologies;
(3) counter Iran and Iran-aligned adversarial proxy group
development of dual-use defense technologies; and
(4) in coordination with appropriate counterpart offices of
the Israeli ministry of defense—
(A) enable coordination on defense industrial priorities;
(B) streamline emerging defense technology research
and development;
(C) create more pathways to market for defense tech-
nology startups;
(D) collaborate on the development of dual-use defense
capabilities through coordination; and
(E) leverage other private capital, equity or venture
funding opportunities to augment government funds for
technology deployment or scaling.
SEC. 1215. ESTABLISHMENT OF PROGRAM BETWEEN THE UNITED
STATES AND ISRAEL FOR MILITARY TRAUMA EDUCATION
AND TRAINING.
(a) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of State, may establish a joint education and
training program with appropriate personnel of the Medical Corps
of the Israel Defense Forces.
(b) EDUCATION AND TRAINING ACTIVITIES.—The joint program
authorized by subsection (a) may include the following activities
between personnel of the United States military health system
and the Medical Corps of the Israel Defense Forces:
(1) Dialogue on best practices for general trauma care,
with a focus on amputation and amputee care, including the
following elements of amputee care:
(A) Use of prosthetics.
(B) Wound care.
(C) Rehabilitative therapy.
(D) Family counseling.
(E) Mental health therapy.
(2) Training and support on trauma care, including amputa-
tion and amputee care.
(3) Conducting relevant joint conferences and exchanges
of military medical professionals.
(4) Opportunities for personnel to attend classes offered
on best practices for trauma and amputee rehabilitation.
(5) Any other relevant amputee care educational activity
that the Secretary of Defense and appropriate officials from
the Israel Defense Forces determine appropriate.
(c) USE OF AUTHORITIES.—In carrying out the joint program
authorized under subsection (a), the Secretary of Defense may use
the authorities under chapter 16 of title 10, United States Code,
and other applicable statutory authorities available to the Secretary.
H. R. 5009—329
Subtitle C—Matters Relating to the Near
and Middle East
SEC. 1221. KEY PARTNERS FOR MIDDLE EAST REGIONAL INTEGRATION
MILITARY SUBJECT MATTER EXPERT EXCHANGE PRO-
GRAM.
(a) IN GENERAL.—The Secretary of Defense, using existing
authorities, including section 311 of title 10, United States Code,
as applicable, and in consultation with the Secretary of State and
the head of any other Federal agency the Secretary of Defense
determines appropriate, shall design and implement a foreign mili-
tary officer subject matter expert exchange program to be known
as the ‘‘Middle East Regional Integration Military Subject Matter
Expert Exchange Program’’ (referred to in this section as the
‘‘exchange program’’).
(b) PURPOSE.—The purpose of the exchange program shall be
to facilitate interaction, cultural exchange, and mutual learning
of members of participating militaries in support of Middle East
regional integration in order to deepen and expand such integration.
(c) MEMBERSHIP.—
(1) COMPOSITION.—The exchange program shall be com-
posed of members of the armed forces of participating militaries
in support of Middle East regional integration and members
of the Armed Forces of the United States.
(2) SUBJECT MATTER.—
(A) IN GENERAL.—The Secretary of Defense shall select
exchange program participants with a wide range of experi-
ences collectively covering the tactical, operational, and
strategic levels.
(B) PARTICIPANT PAY GRADE LEVELS.—The Secretary
of Defense shall include in the exchange program partici-
pants at each of the following military pay grades, or
equivalent foreign military pay grades:
(i) E–7 through E–9.
(ii) CW–3 through CW–5.
(iii) O–3 through O–9.
(iv) Such other pay grade levels at the discretion
of the Secretary of Defense.
(C) EXPERTISE.—Each participant in the exchange pro-
gram shall have expertise in one or more of the following
subject matter areas:
(i) Strategic doctrine.
(ii) Defense planning.
(iii) Civilian and military relations.
(iv) Military law.
(v) Public affairs.
(vi) Civil affairs.
(vii) Military budgeting and acquisitions.
(viii) Integrated air and missile defense.
(ix) Integrated maritime domain awareness and
interdiction.
(x) Cyber resilience and defense.
(xi) Counterterrorism.
(xii) Defense information sharing.
(xiii) Any other subject matter area that the Sec-
retary of Defense determines to be appropriate.
H. R. 5009—330
(d) EXCHANGE PROGRAM CONTENT.—The exchange program—
(1) shall include learning modalities and methods, as deter-
mined by the Exchange Program Coordinator;
(2) may include separate agendas and experiences for
participants in order to—
(A) facilitate interaction on particular topics;
(B) cater to participant backgrounds or rank levels;
or
(C) achieve other pedagogical ends as determined by
the Exchange Program Coordinator; and
(3) may include discussion, comparison, and information
regarding the development of—
(A) defense doctrine;
(B) exercise development;
(C) budget planning;
(D) military law and law of armed conflict;
(E) military cooperation with civilian agencies;
(F) standard operating procedures;
(G) operational plans and the operational art;
(H) gaps and opportunities for improvement in existing
procedures and plans;
(I) existing technical challenges;
(J) emerging technical challenges;
(K) the current and future threat environment;
(L) trust and capacity for multilateral sharing of
information;
(M) additional mechanisms and ideas for integrated
cooperation;
(N) ways to promote the meaningful participation of
women in matters of peace and security; and
(O) other content, as appropriate, developed to advance
integration and tactical, operational, and strategic pro-
ficiency.
(e) MEETINGS.—Participants in the exchange program shall
meet in person not less frequently than quarterly.
(f) EXCHANGE PROGRAM COORDINATOR.—
(1) IN GENERAL.—The Secretary of Defense shall designate
an Exchange Program Coordinator, who shall be assigned to
a Department of Defense School, to oversee the exchange pro-
gram.
(2) DUTIES.—The Exchange Program Coordinator shall—
(A) design the exchange program;
(B) ensure that the exchange program complies with
the requirements of this section;
(C) provide to the Secretary of Defense reports on
developments, insights, and progress of the exchange pro-
gram; and
(D) notify the Secretary of Defense of any failure of
the exchange program to comply with the in-person require-
ments of subsection (e).
(3) NOTIFICATION TO CONGRESS.—Not later than 15 days
after receiving a notification under paragraph (2)(D), the Sec-
retary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services
of the House of Representatives a report describing—
(A) the reasons an in-person meeting did not occur
during such quarter; and
H. R. 5009—331
(B) any measures taken to ensure that an in-person
meeting occurs during the following quarter.
(g) REPORT.—
(1) IN
GENERAL.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter for 5
years, the Secretary of Defense shall submit to the Committee
on Armed Services and the Committee on Foreign Relations
of the Senate and the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
a report that includes—
(A) a summary of the activities of the exchange pro-
gram during the prior year, including—
(i) the countries participating;
(ii) the subject matter covered;
(iii) developments, insights, and progress achieved
through the program; and
(iv) any new topics added to the exchange as well
as a justification for adding the new topic;
(B) an assessment of the effectiveness of the exchange
program; and
(C) recommendations on further improvements to the
exchange program.
(2) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(h) DEFINITIONS.—In this section:
(1) DEPARTMENT OF DEFENSE SCHOOL.—The term ‘‘Depart-
ment of Defense school’’ means any institution listed in section
1595(c) or section 2162(d) of title 10, United States Code.
(2) PARTICIPATING MILITARIES IN SUPPORT OF MIDDLE EAST
REGIONAL INTEGRATION.—The term ‘‘participating militaries in
support of Middle East regional integration’’ means military
allies and partner forces of the United States working to
advance regional integration in the Middle East.
SEC. 1222. EXTENSION AND MODIFICATION OF ANNUAL REPORT ON
MILITARY POWER OF IRAN.
(a) MATTERS TO BE INCLUDED.—Subsection (b) of section 1245
of the National Defense Authorization Act for Fiscal Year 2010
(10 U.S.C. 113 note) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘and’’ at the end
and inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ‘‘; and’’;
(C) by redesignating subparagraphs (B), (C), and (D),
as subparagraphs (C), (D), and (E), respectively; and
(D) by inserting after subparagraph (A) the following
subparagraph:
‘‘(B) any adjustments to the use of proxy forces by
Iran;’’;
(2) in paragraph (2)—
(A) in subparagraph (B), by striking ‘‘an analysis of’’;
(B) in subparagraph (C), by inserting after ‘‘military
doctrine’’ the following: ‘‘, including Iranian anti-access or
area denial and other maritime harassment capabilities’’;
(3) in paragraph (3)—
H. R. 5009—332
(A) in subparagraph (A), by striking ‘‘Iranian Revolu-
tionary Guard’’ and inserting ‘‘Islamic Revolutionary
Guard’’;
(B) in subparagraph (J), by striking the period at the
end and inserting ‘‘; and’’;
(C) by redesignating subparagraphs (E) through (J)
as subparagraphs (F) through (K), respectively; and
(D) by inserting after subparagraph (D) the following
subparagraph:
‘‘(E) the role of Iran in supporting, facilitating,
directing, or conducting attacks on United States forces
in the region;’’;
(4) in paragraph (4)—
(A) in subparagraph (B), by striking ‘‘and storage sites;’’
and inserting ‘‘, storage, and production sites;’’;
(B) in subparagraph (E), by inserting ‘‘an intermediate-
range ballistic missile or’’ after ‘‘develop and field’’; and
(C) in subparagraph (F), by striking ‘‘; and’’ at the
end and inserting ‘‘and the exportation of Iranian drones
to the Middle East and Europe; and’’;
(5) in paragraph (12), by striking ‘‘(9)’’ and inserting ‘‘(12)’’;
(6) by redesignating paragraphs (9) through (12) as para-
graphs (10) through (13), respectively;
(7) by inserting after paragraph (8) the following:
‘‘(9) An assessment of the use of civilians by groups sup-
ported by Iran to shield military objectives from attack,
including groups such as—
‘‘(A) Hezbollah, Hamas, and the Houthis; and
‘‘(B) the Special Groups in Iraq.’’; and
(8) by adding at the end the following:
‘‘(14) An assessment of the manner and extent to which
the advances or improvements in the capabilities of Iran’s
conventional and unconventional forces described in this section
have affected Israel’s qualitative military edge during the pre-
ceding year.’’.
(b) DEFINITIONS.—Subsection (c) of such section is amended—
(1) in paragraph (2)(B)(i), by striking ‘‘Iranian’’ and
inserting ‘‘Islamic’’;
(2) in paragraph (2)(B)(ii)(bb), by inserting ‘‘or its regional
interests’’ before the period at the end; and
(3) in paragraph (4), by striking ‘‘capable of flights less
than 500 kilometers.’’.
(c) TERMINATION.—Subsection (d) of such section is amended
by striking ‘‘December 31, 2025’’ and inserting ‘‘December 31, 2026’’.
SEC. 1223. MODIFICATION OF REPORT ON THE MILITARY CAPABILI-
TIES OF IRAN AND RELATED ACTIVITIES.
Section 1227 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) by inserting ‘‘all branches of’’ before ‘‘the
Islamic Revolutionary Guard Corps’’; and
(II) by inserting ‘‘including’’ before ‘‘the Quds
Force’’; and
H. R. 5009—333
(ii) in subparagraph (B), by inserting ‘‘, and tech-
nologies as described in the Missile Technology Control
Regime’’ before ‘‘, including’’; and
(B) in paragraph (2)—
(i) in subparagraph (A), by adding at the end before
the period the following: ‘‘, and on the proliferation,
procurement, and production networks of Iran’s drone
program’’;
(ii) in subparagraph (F), by adding at the end
before the period the following: ‘‘, and the effect of
its expiration on these Iranian proliferation activities’’;
(iii) in subparagraph (H)—
(I) in clause (ii), by inserting ‘‘, and any of
their precursors,’’ after ‘‘narcotics’’;
(II) in clause (iv), by inserting ‘‘and the Min-
istry of Intelligence and Security (MOIS)’’ after
‘‘IRGC’’; and
(III) in clause (v), by adding at the end before
the period the following: ‘‘and MOIS’’; and
(iv) in subparagraph (I)—
(I) by inserting ‘‘and MOIS agents’’ after
‘‘operatives’’; and
(II) by adding at the end before the period
the following: ‘‘, including disinformation oper-
ations, recruitment of local assets, and targeting
United States nationals and foreign dissidents’’;
and
(2) in subsection (c)—
(A) by inserting ‘‘and annually thereafter for a period
not to exceed 2 years’’ after ‘‘2024’’; and
(B) by striking ‘‘in June 2022’’ inserting ‘‘on the day
after the previous report was submitted’’.
SEC. 1224. PROHIBITION ON PROVIDING FUNDING TO IRANIAN ENTI-
TIES.
(a) IN GENERAL.—None of the funds authorized to be appro-
priated to the Department of Defense or otherwise made available
by this Act may be made available, directly or indirectly, to—
(1) the Government of Iran;
(2) any person owned or controlled by the Government
of Iran;
(3) any person that is on the List of Specially Designated
Nationals and Blocked Persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury
and the property and interests in property of which are blocked
pursuant to the International Emergency Economic Powers Act;
or
(4) any person owned or controlled by a person described
in paragraph (3).
(b) EXCEPTION FOR INTELLIGENCE ACTIVITIES.—The prohibition
under subsection (a) shall not apply with respect to activities subject
to the reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence
activities of the United States.
SEC. 1225. NOTIFICATION RELATING TO ARMS TRAFFICKING BY IRAN.
(a) CONGRESSIONAL NOTIFICATION.—
H. R. 5009—334
(1) IN GENERAL.—Not later than 30 days after any identi-
fied transfer of weapons, ammunition, or component parts by
the Islamic Republic of Iran to a terrorist proxy group or
state actor outside the territory of Iran, the Secretary of Defense
shall provide the congressional defense committees with the
notification described in paragraph (2).
(2) NOTIFICATION DESCRIBED.—The notification described
in this paragraph is a notification that includes the following:
(A) An identification of—
(i) the type and quantity of weapons, ammunition,
or component parts transferred by the Islamic Republic
of Iran to a terrorist proxy group or state actor outside
the territory of Iran;
(ii) the intended destination and recipient of such
transfer; and
(iii) the mode of transportation of such transfer.
(B) The status of such transfer at the time of the
notification.
(C) A description of actions taken or planned to be
taken by the United States Armed Forces or the military
forces of partner countries to expose, deter, disrupt, or
interdict such transfer, and the authorities under which
such actions may be taken.
(b) WEAPONS, AMMUNITION, OR COMPONENT PARTS DEFINED.—
The term ‘‘weapons, ammunition, or component parts’’ means—
(1) conventional arms, such as firearms, artillery, and
armored vehicles;
(2) missiles, rockets, unmanned aerial systems, and other
explosive ordnance;
(3) military aircraft;
(4) naval vessels and equipment related to such vessels;
(5) chemical, biological, radiological, and nuclear weapons
and the delivery systems of such weapons; and
(6) the component parts of any item described in any of
paragraphs (1) through (5).
(c) TERMINATION.—This section shall cease to have effect on
the date that is three years after the date of the enactment of
this Act.
SEC. 1226. ASSESSMENT AND PLAN WITH RESPECT TO EQUIPMENT
PROVIDED TO KURDISH PESHMERGA FORCES.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, and every 120 days thereafter, the
Secretary of Defense shall submit to the congressional defense
committees—
(1) a report that assesses whether equipment provided
under section 1236 of the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291; 128 Stat. 3558) and designated
for Kurdish Peshmerga forces is being provided in a timely
manner; and
(2) a plan for resolving any delay of such equipment
intended for Kurdish Peshmerga forces.
(b) NOTIFICATION RELATING TO PLAN OF ACTION.—Not later
than 120 days after the date of the enactment of this Act, and
every 120 days thereafter until the plan of action required by
section 1266 of the National Defense Authorization Act for Fiscal
H. R. 5009—335
Year 2024 (Public Law 118–31; 10 U.S.C. 113 note) is developed
and implemented, the Secretary of Defense shall notify the congres-
sional defense committees of the reasons for the delay in developing
and implementing the plan.
(c) RULE OF CONSTRUCTION.—Nothing in the section may be
construed as overturning or otherwise impeding United States poli-
cies toward Iraq.
(d) TERMINATION.—Subsection (a) shall cease to have effect
beginning on the date that is 2 years after the date of the enactment
of this Act.
SEC. 1227. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CER-
TAIN COALITION NATIONS FOR SUPPORT PROVIDED TO
UNITED STATES MILITARY OPERATIONS.
(a) EXTENSION.—Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110–
181; 122 Stat. 393) is amended in the matter preceding paragraph
(1) by striking ‘‘beginning on October 1, 2023, and ending on
December 31, 2024, for overseas contingency operations’’ and
inserting ‘‘beginning on October 1, 2024, and ending on December
31, 2025’’.
(b) MODIFICATION TO LIMITATIONS.—Subsection (d)(1) of such
section is amended by striking ‘‘beginning on October 1, 2023,
and ending on December 31, 2024, may not exceed $15,000,000’’
and inserting ‘‘beginning on October 1, 2024, and ending on
December 31, 2025, may not exceed $75,000,000’’.
SEC. 1228. EXTENSION AND MODIFICATION OF SECURITY BRIEFINGS
ON AFGHANISTAN.
Section 1092 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1934) is amended—
(1) in subsection (a), by striking ‘‘Not later than January
15, 2022, and every 90 days thereafter through December 31,
2025,’’ and inserting ‘‘Not later than January 15, 2025, and
every 120 days thereafter through December 31, 2026,’’; and
(2) in subsection (b)—
(A) by redesignating paragraph (11) as paragraph (12);
and
(B) by inserting after paragraph (10) the following
new paragraph:
‘‘(11) The extent to which the Department of Defense is
tracking and monitoring the equipment the Taliban recovered
from the Afghan National Security Forces, an assessment of
how such equipment being used by the Taliban, and the oper-
ational readiness of such equipment.’’.
SEC. 1229. NOTIFICATIONS REGARDING TERRORIST GROUPS IN
AFGHANISTAN.
(a) IN GENERAL.—Not later than 30 days after the Secretary
of Defense identifies any new training facility in Afghanistan that
is operated or staffed by al-Qaeda, ISIS Khorasan, or any other
United States-designated terrorist organization, or at which mem-
bers of any such terrorist organization receive training, the Sec-
retary shall provide the Committees on Armed Services of the
Senate and the House of Representatives with a notification that
includes the following:
(1) A description of the location of the training facility.
H. R. 5009—336
(2) An identification of the one or more terrorist groups
operating, staffing, or being trained at the facility.
(3) An assessment of the purpose of the facility.
(4) An assessment as to whether the Taliban has provided
any support to the facility, or whether the Taliban is taking
action to close the facility consistent with its obligations under
the February 29, 2020, United States-Taliban agreement.
(5) An assessment as to whether there is a risk that the
facility is being used to plan or train for a terrorist attack
outside Afghanistan.
(b) FORM.—Each notification required by subsection (a) shall
be submitted in unclassified form but may include a classified
annex.
(c) SUNSET.—The notification requirement under subsection (a)
shall terminate on the date that is two years after the date of
the enactment of this Act.
SEC. 1230. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND
ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION
IN IRAQ.
(a) LIMITATION ON AMOUNT.—Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year 2012
(10 U.S.C. 113 note) is amended by striking ‘‘fiscal year 2024’’
and inserting ‘‘fiscal year 2025’’.
(b) SOURCE
OF FUNDS.—Subsection (d) of such section is
amended by striking ‘‘fiscal year 2024’’ and inserting ‘‘fiscal year
2025’’.
SEC. 1231. EXTENSION AND MODIFICATION OF AUTHORITY TO PRO-
VIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF
IRAQ AND SYRIA.
(a) IN GENERAL.—Subsection (a) of section 1236 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559)
is amended in the matter preceding paragraph (1) by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’.
(b) FUNDING.—Subsection (g) of such section is amended by
striking ‘‘fiscal year 2024, there are authorized to be appropriated
$241,950,000’’ and inserting ‘‘fiscal year 2025, there are authorized
to be appropriated $380,758,349.’’.
(c) WAIVER AUTHORITY.—Subsection (o)(6) of such section is
amended by striking ‘‘December 31, 2024’’ and inserting ‘‘December
31, 2025’’.
SEC. 1232. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO
VETTED SYRIAN GROUPS AND INDIVIDUALS.
Section 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113–291; 128 Stat. 3559) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘December 31, 2024’’ and inserting ‘‘December
31, 2025’’; and
(2) in subsection (l)(3)(E), by striking ‘‘December 31, 2024’’
and inserting ‘‘December 31, 2025’’.
H. R. 5009—337
SEC. 1233. STATEMENT OF POLICY ON RECOGNITION OF THE ASSAD
REGIME.
It is the policy of the United States not to recognize or normalize
relations with any government of Syria that is led by Bashar
al-Assad due to the Assad regime’s ongoing crimes against the
Syrian people.
TITLE XIII—OTHER MATTERS
RELATING TO FOREIGN NATIONS
Subtitle A—Matters Relating to Europe and Russia
Sec. 1301. Modifications to North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1302. Extension and modification of training for Eastern European national
security forces in the course of multilateral exercises.
Sec. 1303. Extension of prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized territory of
Ukraine.
Sec. 1304. Prohibition on New START Treaty information sharing.
Subtitle B—Matters Relating to the Indo-Pacific Region
Sec. 1311. Sense of Congress on defense alliances and partnerships in the Indo-Pa-
cific region.
Sec. 1312. Modification of Indo-Pacific Maritime Security Initiative.
Sec. 1313. Extension and modification of Pacific Deterrence Initiative.
Sec. 1314. Indo-Pacific extended deterrence education pilot program.
Subtitle C—Matters Relating to Taiwan
Sec. 1321. Modification of reporting requirement for transfer of defense articles and
defense services to Taiwan.
Sec. 1322. Establishment of program between the United States and Taiwan for
military trauma care.
Sec. 1323. Taiwan security cooperation initiative.
Sec. 1324. Sense of Congress regarding invitation to Taiwan to Rim of the Pacific
exercise.
Subtitle D—Coordinating AUKUS Engagement With Japan
Sec. 1331. Definitions.
Sec. 1332. Sense of Congress.
Sec. 1333. Engagement with Japan on AUKUS Pillar Two Cooperation.
Sec. 1334. Assessment of Potential for Cooperation with Japan on AUKUS Pillar
Two.
Subtitle E—Matters Relating to East Asia
Sec. 1341. Extension and modification of authority to transfer funds for Bien Hoa
dioxin cleanup.
Sec. 1342. Modification of cooperative program with Vietnam to account for Viet-
namese personnel missing in action.
Sec. 1343. Plan for establishment of a joint force headquarters in Japan.
Sec. 1344. Plan for Department of Defense activities to strengthen United States
extended deterrence commitments to the Republic of Korea.
Sec. 1345. Plan and annual report relating to trilateral defense cooperation with
Japan and the Republic of Korea.
Sec. 1346. Modification of public reporting of Chinese military companies operating
in the United States.
Sec. 1347. Strategy to address malign activities by the People’s Liberation Army.
Subtitle A—Matters Relating to Europe
and Russia
SEC. 1301. MODIFICATIONS TO NORTH ATLANTIC TREATY ORGANIZA-
TION SPECIAL OPERATIONS HEADQUARTERS.
(a) IN GENERAL.—Section 2350r of title 10, United States Code,
is amended—
H. R. 5009—338
(1) in the section heading, by striking ‘‘Special Oper-
ations Headquarters’’ and inserting ‘‘Allied Special Oper-
ations Forces Command’’;
(2) in subsection (a), by striking ‘‘$50,000,000’’ and inserting
‘‘$55,000,000’’; and
(3) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘Special Operations Headquarters’’ and
inserting ‘‘Allied Special Operations Forces Command’’.
(b) REFERENCES.—Any reference to the North Atlantic Treaty
Organization Special Operations Headquarters or NATO Special
Operations Headquarters in any law, regulation, map, document,
record, or other paper of the United States shall be deemed to
be a reference to the North Atlantic Treaty Organization Allied
Special Operations Forces Command.
SEC. 1302. EXTENSION AND MODIFICATION OF TRAINING FOR
EASTERN EUROPEAN NATIONAL SECURITY FORCES IN
THE COURSE OF MULTILATERAL EXERCISES.
Section 1251 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 333 note) is amended—
(1) in subsection (c)(1), by adding at the end the following
new subparagraph:
‘‘(D) The Republic of Cyprus.’’; and
(2) in subsection (h), by striking ‘‘December 31, 2026’’ each
place it appears and inserting ‘‘December 31, 2027’’.
SEC. 1303. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
RELATING TO SOVEREIGNTY OF THE RUSSIAN FEDERA-
TION OVER INTERNATIONALLY RECOGNIZED TERRITORY
OF UKRAINE.
Section 1245(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136
Stat. 2847) is amended by striking ‘‘or 2024’’ and inserting ‘‘, 2024,
or 2025’’.
SEC. 1304. PROHIBITION ON NEW START TREATY INFORMATION
SHARING.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2025 for the Department of Defense may be used to provide the
Russian Federation with notifications, biannual data exchange,
inspection activities, or telemetric activities as required by the
New START Treaty.
(b) WAIVER.—The Secretary of Defense, with concurrence from
the Secretary of State, may waive the prohibition in subsection
(a) on a case-by-case basis if the Secretary of Defense certifies
to the appropriate congressional committees in writing, that—
(1) it is in the national security interest of the United
States to unilaterally provide notifications, biannual data
exchange, inspection activities, or telemetric information to the
Russian Federation; or
(2) the Russian Federation is providing similar information
to the United States as required by the New START Treaty.
(c) DEFINITIONS.—In this section—
(1) the term ‘‘appropriate congressional committees’’
means—
H. R. 5009—339
(A) the Committee on Armed Services and the Com-
mittee on Foreign Affairs of the House of Representatives;
and
(B) the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate; and
(2) the term ‘‘New START Treaty’’ means the Treaty
between the United States of America and the Russian Federa-
tion on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed at Prague April 8, 2010,
and entered into force February 5, 2011.
Subtitle B—Matters Relating to the Indo-
Pacific Region
SEC. 1311. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PART-
NERSHIPS IN THE INDO-PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense should
continue efforts that strengthen United States defense alliances
and partnerships in the Indo-Pacific region so as to further the
comparative advantage of the United States in strategic competition
with the People’s Republic of China, including by—
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, signed at Washington, January
19, 1960, including by developing advanced military capabili-
ties, upgrading command and control relationships, fostering
interoperability across all domains, and improving sharing of
information and intelligence;
(2) reinforcing the United States alliance with the Republic
of Korea, including by maintaining the presence of approxi-
mately 28,500 members of the United States Armed Forces
deployed to the Republic of Korea, enhancing mutual defense
base cooperation, and affirming the United States extended
deterrence commitment using the full range of United States
defense capabilities, consistent with the Mutual Defense Treaty
Between the United States and the Republic of Korea, signed
at Washington, October 1, 1953, in support of the shared objec-
tive of a peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between Aus-
tralia, New Zealand, and the United States of America, signed
at San Francisco, September, 1951, and through the partner-
ship among Australia, the United Kingdom, and United States
(commonly known as ‘‘AUKUS’’)—
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other part-
ners in the Association of Southeast Asian Nations to enhance
maritime domain awareness, promote sovereignty and terri-
torial integrity, leverage technology and promote innovation,
and support an open, inclusive, and rules-based regional
architecture;
H. R. 5009—340
(5) broadening United States engagement with India,
including through the Quadrilateral Security Dialogue—
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises,
expanded defense trade, and collaboration on humanitarian
aid and disaster response; and
(B) to enable greater cooperation on maritime security;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the Taiwan
Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), and
the Six Assurances, with the goal of improving Taiwan’s defen-
sive capabilities and promoting peaceful cross-strait relations;
(7) reinforcing the status of the Republic of Singapore as
a Major Security Cooperation Partner of the United States
and continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and
the United States Armed Forces, including through participa-
tion in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
other Pacific island countries, with the goal of strengthening
regional security and addressing issues of mutual concern,
including protecting fisheries from illegal, unreported, and
unregulated fishing;
(9) collaborating with Canada, the United Kingdom,
France, and other members of the European Union and the
North Atlantic Treaty Organization to build connectivity and
advance a shared vision for the region that is principled, long-
term, and anchored in democratic resilience; and
(10) investing in enhanced military posture and capabilities
in the area of responsibility of the United States Indo-Pacific
Command and strengthening cooperation in bilateral relation-
ships, multilateral partnerships, and other international fora
to uphold global security and shared principles, with the goal
of ensuring the maintenance of a free and open Indo-Pacific
region.
SEC. 1312. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INI-
TIATIVE.
Section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 333 note) is amended—
(1) in subsection (a)(1), by striking subparagraphs (A) and
(B) and inserting the following:
‘‘(A) to provide assistance to—
‘‘(i) the national military or other security forces
of any such country that has among its functional
responsibilities a maritime security mission; and
‘‘(ii)
any
other
national-level
governmental
organization of such a country that has among its
functional responsibilities a maritime domain aware-
ness mission, for purposes of helping to achieve the
maritime domain awareness objectives of such country
if such assistance directly contributes to the integration
of a maritime domain awareness activity with the
national military or other security forces described in
clause (i); and
H. R. 5009—341
‘‘(B) to provide training to—
‘‘(i) ministry, agency, and headquarters-level
organizations for such forces; or
‘‘(ii) other national-level governmental organiza-
tions described in paragraph (A)(ii).’’; and
(2) in subsection (h)(1)(A), by inserting ‘‘or national-level
governmental organization’’ after ‘‘unit or units’’.
SEC. 1313. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE
INITIATIVE.
(a) IN GENERAL.—Subsection (c) of section 1251 of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (10 U.S.C. 113 note) is amended—
(1) by striking ‘‘the National Defense Authorization Act
for Fiscal Year 2024’’ and inserting ‘‘the National Defense
Authorization Act for Fiscal Year 2025’’; and
(2) by striking ‘‘fiscal year 2024’’ and inserting ‘‘fiscal year
2025’’.
(b) REPORT.—Subsection (d)(1)(A) of such section is amended
by striking ‘‘fiscal years 2025 and 2026’’ and inserting ‘‘fiscal years
2026 and 2027’’.
(c) PLAN REQUIRED.—Subsection (e) of such section is amended
by striking ‘‘fiscal years 2025 and 2026’’ and inserting ‘‘fiscal years
2026 and 2027’’.
SEC. 1314. INDO-PACIFIC EXTENDED DETERRENCE EDUCATION PILOT
PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Defense, using the
authorities provided in chapter 16 of title 10, United States Code,
and other applicable statutory authorities available to the Secretary,
may establish a pilot program, including an international defense
personnel exchange program, to support the education of covered
personnel in—
(1) matters relating to nuclear deterrence, nuclear strategy,
and nuclear defense strategy; and
(2) any other matter the Secretary considers important
to strengthening extended nuclear deterrence of—
(A) threats to United States allies posed by major-
power competitors; and
(B) any other persistent nuclear threat identified in
the 2022 National Defense Strategy published pursuant
to section 113(g) of title 10, United States Code.
(b) INSTITUTIONAL PARTNERSHIP.—The Secretary may enter into
an agreement with an existing university-affiliated research center
or an institution of higher education with recognized subject matter
expertise in nuclear deterrence and related matters, and dem-
onstrated relevant experience, for the purpose of developing a cur-
riculum to reinforce extended deterrence through education of cov-
ered personnel in deterrence, nuclear strategy, conventional-nuclear
integration, command and control, and related matters.
(c) TERMINATION DATE.—The authority of the Secretary to carry
out the pilot program under this section shall terminate on
December 31, 2027.
(d) COVERED PERSONNEL DEFINED.—In this section, the term
‘‘covered personnel’’ means—
(1) an employee of the Department of Foreign Affairs and
Trade, the Department of Defence, or equivalent component
of the Government of Australia;
H. R. 5009—342
(2) an employee of the Ministry of Foreign Affairs, the
Ministry of Defense, or equivalent component of the Govern-
ment of Japan;
(3) an employee of the Ministry of Foreign Affairs, the
Ministry of National Defense, or equivalent component of the
Government of the Republic of Korea;
(4) a member of the military forces of Australia, Japan,
or the Republic of Korea; and
(5) any other official of the Government of Australia, the
Government of Japan, or the Government of the Republic of
Korea the Secretary considers important to the extended deter-
rence relationship with the United States.
Subtitle C—Matters Relating to Taiwan
SEC.
1321.
MODIFICATION
OF
REPORTING
REQUIREMENT
FOR
TRANSFER OF DEFENSE ARTICLES AND DEFENSE SERV-
ICES TO TAIWAN.
Paragraph (3) of section 1259A(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131
Stat. 11685; 22 U.S.C. 3302 note) is amended to read as follows:
‘‘(3) FORM.—Each report required under paragraph (1) may
be submitted in classified form.’’.
SEC. 1322. ESTABLISHMENT OF PROGRAM BETWEEN THE UNITED
STATES AND TAIWAN FOR MILITARY TRAUMA CARE.
(a) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of State, may establish a joint program on
military trauma care with appropriate personnel of the military
forces of Taiwan, consistent with the Taiwan Relations Act (22
U.S.C. 3301 et seq.).
(b) ACTIVITIES.—The program authorized by subsection (a) may
consist of the following activities between personnel of the United
States military health system and the medical personnel of Taiwan’s
military forces related to general trauma care, amputation and
amputee care, post-traumatic stress disorder, traumatic brain
injuries, and any other mental health condition associated with
post-traumatic stress disorder or traumatic brain injuries:
(1) Dialogue on best practices for general trauma care,
with a focus on amputation and amputee care, including the
following elements of amputee care:
(A) Use of prosthetics.
(B) Wound care.
(C) Rehabilitative therapy.
(D) Family counseling.
(E) Mental health therapy.
(2) Training and support on trauma care, to include
amputation and amputee care.
(3) The conduct of relevant joint conferences and exchanges
with military medical professionals.
(4) Opportunities for personnel to attend classes on best
practices for trauma and amputee rehabilitation.
(5) Any other relevant military trauma care educational
activities that the Secretary of Defense and appropriate officials
from Taiwan’s military forces determine appropriate.
H. R. 5009—343
(c) USE OF AUTHORITIES.—In carrying out the joint program
authorized by subsection (a), the Secretary of Defense may use
the authorities under chapter 16 of title 10, United States Code,
and other applicable statutory authorities available to the Secretary.
SEC. 1323. TAIWAN SECURITY COOPERATION INITIATIVE.
(a) AUTHORITY TO PROVIDE ASSISTANCE.—
(1) IN GENERAL.—Consistent with the Taiwan Relations
Act (22 U.S.C. 3301 et. seq.), the Secretary of Defense, with
the concurrence of the Secretary of State, may provide, for
the purpose described in paragraph (2), appropriate assistance
as defined in subsection (b) to—
(A) the military, central government security forces,
and central government security agencies of Taiwan; and
(B) civilian central government entities of Taiwan that
have among their functional responsibilities the support
of military and central government security forces.
(2) PURPOSE.—The purpose described in this paragraph
is to enable Taiwan to maintain sufficient self-defense capabili-
ties, including through one or more of the following:
(A) The capabilities of the military, central government
security forces, and central government security agencies
of Taiwan to defend against coercion and aggression.
(B) The ability of the civilian central governmental
institutions of Taiwan to provide oversight and support,
ensure accountability of, or manage, such forces.
(b) APPROPRIATE ASSISTANCE DEFINED.—
(1) For purposes of subparagraph (A) of subsection (a)(1),
the term ‘‘appropriate assistance’’ includes the following:
(A) Modifications to equipment provided by the United
States for exportability or technology security.
(B) Technology or services for effective end-use moni-
toring.
(C) Intelligence, surveillance, and reconnaissance
capabilities or support.
(D) Anti-armor capabilities.
(E) Radars.
(F) Manned and unmanned aerial capabilities.
(G) Defensive cyber capabilities.
(H) Long-range precision fires.
(I) Integrated air and missile defense systems.
(J) Anti-ship missiles.
(K) Electronic warfare and counter-electronic warfare
capabilities or support.
(L) Secure communications equipment and other elec-
tronic protection systems.
(M) Undersea warfare capabilities.
(N) Survivable swarming maritime assets.
(O) Integrated air and missile defense systems or
capabilities.
(P) Mine and counter-mine capabilities.
(Q) Littoral-zone and coastal defense vessels.
(R) Coastal defense capabilities.
(S) Transportation capabilities.
(T) Command and control capabilities.
(U) Munitions.
H. R. 5009—344
(V) Training for critical operations and as required
to maintain or employ systems and capabilities specified
in subparagraphs (B) through (U).
(2) For purposes of subparagraph (B) of subsection (a)(1),
the term ‘‘appropriate assistance’’ includes the following:
(A) Modifications to equipment provided by the United
States for exportability or technology security.
(B) Technology or services for effective end-use moni-
toring.
(C) Intelligence, surveillance, and reconnaissance
capabilities or support.
(D) Radars.
(E) Manned and unmanned aerial capabilities.
(F) Defensive cyber capabilities or support.
(G) Secure communications equipment and other elec-
tronic protection systems.
(H) Transportation capabilities.
(I) Command and control capabilities.
(J) Training for critical operations and as required
to maintain or employ systems and capabilities specified
in subparagraphs (B) through (I).
(c) CONSTRUCTION OF AUTHORIZATION.—Nothing in this section
may be construed to constitute a specific statuary authorization
for the introduction of United States Armed Forces into hostilities
or into situations wherein hostilities are clearly indicated by the
circumstances.
(d) FUNDING.—Of the amounts authorized to be appropriated
for fiscal year 2025 for the Department of Defense, not more than
$300,000,000 may be made available for the purposes of subsection
(a).
(e) ADDITIONAL AUTHORITY FOR USE OF UNITED STATES INVEN-
TORY.—The Secretary of Defense, with the concurrence of the Sec-
retary of State, may, in such quantity as the Secretary of Defense
determines appropriate to achieve the purposes of subsection
(a)(2)—
(1) make available to the military, central government secu-
rity forces, and central government security agencies of Taiwan
defense articles from the United States inventory and defense
services, and to recover or dispose of such defense articles;
or
(2) make available to the foreign military and national
security forces and ministries of defense (or security agencies
serving a similar defense function) of foreign partners defense
articles to replenish comparable stocks that such governments
have provided to the military, central government security
forces, and central government security agencies of Taiwan.
(f) NOTIFICATION TO CONGRESS.—
(1) IN GENERAL.—Not later than 15 days before providing
assistance or support under subsection (a)(1) or (e), the Sec-
retary of Defense shall submit to the appropriate committees
of Congress a notice containing a description of the defense
articles or defense services that will be provided.
(2) ASSISTANCE OR SUPPORT PROVIDED UNDER SUBSECTION
(a).—A report under paragraph (1) with respect to the provision
of assistance or support under subsection (a)(1) shall include
the following:
H. R. 5009—345
(A) An identification of the specific recipient of the
defense articles or defense services.
(B) Objectives of providing the defense articles or
defense services.
(C) The cost of providing the defense articles or defense
services.
(D) The anticipated timeline for delivery of the defense
articles or defense services.
(3) ASSISTANCE OR SUPPORT PROVIDED UNDER SUBSECTION
(e).—A report under paragraph (1) with respect to the provision
of assistance or support under subsection (e) shall include the
following:
(A) An identification of the recipient foreign country.
(B) A detailed description of the articles to be provided,
including the dollar value, origin, and capabilities associ-
ated with the articles.
(C) A detailed description of the articles provided to
Taiwan to be replenished, including the dollar value, origin,
and capabilities associated with the articles.
(D) The impact on United States inventory and readi-
ness of transferring the articles.
(E) An assessment of any security, intellectual prop-
erty, or end use monitoring issues associated with transfer-
ring the articles.
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Relations
of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives.
(g) RULE OF CONSTRUCTION.—Nothing in this section may be
construed as circumventing the applicable requirements of the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
(h) TERMINATION.—The authority provided by this section shall
terminate on December 31, 2029.
SEC. 1324. SENSE OF CONGRESS REGARDING INVITATION TO TAIWAN
TO RIM OF THE PACIFIC EXERCISE.
It is the sense of Congress that the naval forces of Taiwan
may be invited to participate in the Rim of the Pacific exercise,
as appropriate, conducted in 2025.
Subtitle D—Coordinating AUKUS
Engagement With Japan
SEC. 1331. DEFINITIONS.
In this subtitle:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Foreign Relations and the Com-
mittee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Com-
mittee on Armed Services of the House of Representatives.
H. R. 5009—346
(2) The term ‘‘AUKUS official’’ means a government official
with responsibilities related to the implementation of the
AUKUS partnership.
(3) The term ‘‘AUKUS partnership’’ has the meaning given
that term in section 1321 of the National Defense Authorization
Act of Fiscal Year 2024 (22 U.S.C. 10401).
(4) The term ‘‘State AUKUS Coordinator’’ means the senior
advisor at the Department of State designated under section
1331(a)(1) of the National Defense Authorization Act for Fiscal
Year 2024 (22 U.S.C. 10411(a)(1)).
(5) The term ‘‘Defense AUKUS Coordinator’’ means the
senior civilian official of the Department of Defense designated
under section 1332(a) of the National Defense Authorization
Act for Fiscal Year 2024 (22 U.S.C. 10412(a)).
(6) The term ‘‘Pillar Two’’ has the meaning given that
term in section 1321(2)(B) of the National Defense Authoriza-
tion Act of Fiscal Year 2024 (22 U.S.C. 10401(2)(B)).
(7) The term ‘‘United States Munitions List’’ means the
list set forth in part 121 of title 22, Code of Federal Regulations
(or successor regulations).
SEC. 1332. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) the United States should continue to strengthen rela-
tionships and cooperation with allies in order to effectively
counter the People’s Republic of China;
(2) the United States should capitalize on the technological
advancements allies have made in order to deliver more
advanced capabilities at speed and at scale to the United States
military and the militaries of partner countries;
(3) the historic announcement of the AUKUS partnership
laid out a vision for future defense cooperation in the Indo-
Pacific among Australia, the United Kingdom, and the United
States;
(4) Pillar Two of the AUKUS partnership envisions coopera-
tion on advanced technologies, including hypersonic capabilities,
electronic warfare capabilities, cyber capabilities, quantum
technologies, undersea capabilities, and space capabilities;
(5) trusted partners of the United States, the United
Kingdom, and Australia, such as Japan, could benefit from
and offer significant contributions to a range of projects related
to Pillar Two of the AUKUS partnership;
(6) Japan is a treaty ally of the United States and a
technologically advanced country with the world’s third-largest
economy;
(7) in 2022, Australia signed a Reciprocal Access Agreement
with Japan to facilitate reciprocal access and cooperation
between the Self-Defense Forces of Japan and the Australian
Defence Force;
(8) in 2023, the United Kingdom signed a Reciprocal Access
Agreement with Japan to facilitate reciprocal access and
cooperation between the Self-Defense Forces of Japan and the
Armed Forces of the United Kingdom of Great Britain and
Northern Ireland;
(9) in 2014, Japan relaxed its post-war constraints on the
export of non-lethal defense equipment, and in March 2024,
Japan further refined that policy to allow for the export of
H. R. 5009—347
weapons to countries with which it has an agreement in place
on defense equipment and technology transfers;
(10) in 2013, Japan passed a secrecy law obligating govern-
ment officials to protect diplomatic and defense information,
and in February 2024, the Cabinet approved a bill creating
a new security clearance system covering economic secrets;
and
(11) in April 2024, the United States, Australia, and the
United Kingdom announced they would consider cooperating
with Japan on advanced capability projects under Pillar Two
of the AUKUS partnership.
SEC. 1333. ENGAGEMENT WITH JAPAN ON AUKUS PILLAR TWO
COOPERATION.
(a) ENGAGEMENT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the State AUKUS Coordinator
and the Defense AUKUS Coordinator shall jointly engage
directly, at a technical level, with the relevant stakeholders
in the Government of Japan—
(A) to better understand the export control, technology
security, and cyber security policies of Japan and the effects
of the reforms the Government of Japan has made to
those policies since 2014;
(B) to determine overlapping areas of interest and the
potential for cooperation with Australia, the United
Kingdom, and the United States on projects related to
the AUKUS partnership and other projects; and
(C) to identify areas in which the Government of Japan
might need to strengthen the export control, technology
security, and cyber security systems of Japan in order
to guard against export control violations, cyber espionage,
technology theft, or other related issues in order to be
a successful potential partner in Pillar Two of the AUKUS
partnership.
(2) CONSULTATION WITH AUKUS OFFICIALS.—In carrying out
the engagement required by paragraph (1), the State AUKUS
Coordinator and the Defense AUKUS Coordinator shall consult
with relevant AUKUS officials from the United Kingdom and
Australia.
(b) BRIEFING REQUIREMENT.—Not later than 30 days after the
date of the engagement required by subsection (a), the State
AUKUS Coordinator and the Defense AUKUS Coordinator shall
jointly brief the appropriate congressional committees on the fol-
lowing:
(1) The findings of that engagement.
(2) A strategy for follow-on engagement.
SEC. 1334. ASSESSMENT OF POTENTIAL FOR COOPERATION WITH
JAPAN ON AUKUS PILLAR TWO.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, with the concurrence of the Sec-
retary of Defense, shall submit to the appropriate congressional
committees a report assessing the potential for cooperation with
Japan on Pillar Two of the AUKUS partnership, detailing the
following:
H. R. 5009—348
(1) Projects the Government of Japan is engaged in related
to the development of advanced defense capabilities under Pillar
Two of the AUKUS partnership.
(2) Areas of potential cooperation with Japan on advanced
defense capabilities within and outside the scope of Pillar Two
of the AUKUS partnership.
(3) The Secretaries’ assessment of the current export con-
trol, technology security, and cyber security systems of Japan,
including—
(A) the procedures under those systems for protecting
classified and sensitive defense, technological, diplomatic,
and economic information;
(B) the effectiveness of those systems in protecting
such information; and
(C) such other matters as the Secretaries consider
appropriate.
(4) Any reforms. regulations, and technical capabilities that
the Secretary of State considers necessary for Japan to adopt
before considering including Japan in the privileges provided
under Pillar Two of the AUKUS partnership.
(5) Any recommendations regarding the scope and condi-
tions of potential cooperation with Japan under Pillar Two
of the AUKUS partnership.
(6) A strategy and forum for communicating the potential
benefits of and requirements for engaging in projects related
to Pillar Two of the AUKUS partnership with the Government
of Japan.
(7) Any views provided by AUKUS officials from the United
Kingdom and Australia on issues relevant to the report, and
a plan for cooperation with such officials on future engagement
with the Government of Japan related to Pillar Two of the
AUKUS partnership.
Subtitle E—Matters Relating to East Asia
SEC. 1341. EXTENSION AND MODIFICATION OF AUTHORITY TO
TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3955) is amended—
(1) by striking ‘‘$15,000,000’’ and inserting ‘‘$30,000,000’’;
and
(2) by striking ‘‘fiscal year 2024’’ and inserting ‘‘fiscal year
2025’’.
SEC. 1342. MODIFICATION OF COOPERATIVE PROGRAM WITH VIETNAM
TO ACCOUNT FOR VIETNAMESE PERSONNEL MISSING IN
ACTION.
Section 1245 of the National Defense Authorization Act for
Fiscal Year 2022 (10 U.S.C. 113 note) is amended—
(1) by striking the section heading and inserting ‘‘VIETNAM
WARTIME ACCOUNTING INITIATIVE.’’;
(2) in subsection (a), by striking ‘‘Vietnamese personnel
missing in action’’ and inserting ‘‘killed or missing Vietnamese
persons from the Vietnam War (referred to in this section
as ‘missing persons from the Vietnam War’)’’;
H. R. 5009—349
(3) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘verification,’’ after
‘‘digitization,’’;
(B) in paragraph (2), by striking ‘‘conduct archival
research, investigations, and excavations’’ and inserting
‘‘manage archival information and personal data’’; and
(C) by amending paragraphs (3) and (4) to read as
follows:
‘‘(3) Supporting activities to build the capacity of Vietnam
for locating, recovering, and conducting DNA analysis and
identification of missing persons from the Vietnam War.
‘‘(4) Increasing exchanges, training, and dialogue among
veterans and families of missing persons from the Vietnam
War.’’;
(4) by redesignating subsection (c) as subsection (d);
(5) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) DESIGNATION OF LEAD COORDINATING OFFICE.—The Sec-
retary shall designate an office within the Department of Defense
to serve as the lead coordinating office for the program carried
out under this section.’’; and
(6) in subsection (d), as redesignated, by striking ‘‘October
1, 2026’’ and inserting ‘‘October 1, 2031’’.
SEC. 1343. PLAN FOR ESTABLISHMENT OF A JOINT FORCE HEAD-
QUARTERS IN JAPAN.
(a) PLAN REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a plan to reconstitute U.S.
Forces Japan as a joint force headquarters consistent with the
Joint Statement of the Security Consultative Committee released
on July 28, 2024.
(b) ELEMENTS.—The plan required by subsection (a) shall
include a description of each of the following:
(1) The operational chain of command of the joint force
headquarters as it relates to—
(A) United States Indo-Pacific Command and the
component commands of United States Indo-Pacific Com-
mand;
(B) the standing joint force headquarters required by
section 1087 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–
263; 10 U.S.C. 161 note); and
(C) any United States military forces deployed to Japan
on a permanent, rotational, or temporary basis.
(2) The manning and resourcing required for the establish-
ment of such a joint force headquarters.
(3) The mission and operational authorities that will be
delegated to the joint force headquarters during peacetime,
crisis, and conflict.
(4) The relationship of the joint force headquarters with
the Japan Self-Defense Forces Joint Operations Command,
including coordination and decision-making mechanisms, nec-
essary to enable seamless integration of operations and capabili-
ties and allow for greater interoperability and planning between
United States forces and Japanese forces in peacetime and
during contingencies.
H. R. 5009—350
(5) The infrastructure required to support the joint force
headquarters and milestones and timelines for the joint force
headquarters to achieve initial operational capability and full
operational capability.
(6) Such other matters as the Secretary of Defense con-
siders appropriate.
(c) ANNUAL REPORT REQUIRED.—Not later than June 1, 2026,
and annually thereafter until the joint force headquarters to be
established reaches full operational capability, the Secretary of
Defense shall submit to the congressional defense committees a
report providing an update on progress toward achieving the mile-
stones identified under subsection (b)(5) and any other matters
the Secretary determines to be relevant.
SEC. 1344. PLAN FOR DEPARTMENT OF DEFENSE ACTIVITIES TO
STRENGTHEN UNITED STATES EXTENDED DETERRENCE
COMMITMENTS TO THE REPUBLIC OF KOREA.
(a) PLAN.—Not later than March 1, 2025, the Secretary of
Defense shall submit to the congressional defense committees a
plan for Department of Defense activities to strengthen United
States extended deterrence commitments to the Republic of Korea
as identified in the December 16, 2023, Joint Press Statement
on the United States-Republic of Korea Nuclear Consultative Group.
(b) ELEMENTS.—The plan required by subsection (a) shall
include the following:
(1) A description of the resources, budget, and personnel
needed to strengthen United States extended deterrence
commitments to the Republic of Korea, including those related
to—
(A) nuclear consultation processes between the United
States and the Republic of Korea in crises and contin-
gencies;
(B) nuclear and strategic planning between the United
States and the Republic of Korea;
(C) United States-Republic of Korea conventional and
nuclear integration;
(D) security and information-sharing protocols;
(E) exercises, simulations, training, and other invest-
ment activities; and
(F) risk-reduction practices.
(2) Any other matter the Secretary of Defense considers
relevant.
SEC. 1345. PLAN AND ANNUAL REPORT RELATING TO TRILATERAL
DEFENSE
COOPERATION
WITH
JAPAN
AND
THE
REPUBLIC OF KOREA.
(a) PLAN.—
(1) IN GENERAL.—Not later than March 1, 2025, the Sec-
retary of Defense, in coordination with the Secretary of State,
shall submit to the appropriate committees of Congress a plan
to advance trilateral defense cooperation among the United
States, Japan, and the Republic of Korea.
(2) ELEMENTS.— The plan required by paragraph (1) shall
include the following:
(A) A description of the resources necessary to advance
trilateral defense cooperation among the United States,
Japan, and the Republic of Korea, including with respect
to activities relating to—
H. R. 5009—351
(i) trilateral communication mechanisms, consulta-
tions, and senior leadership engagements;
(ii) ballistic missile defense, including real-time
information sharing;
(iii) trilateral exercises and other activities under
the multi-year trilateral exercise plan agreed to by
the United States, Japan, and the Republic of Korea
in August 2023;
(iv) the Trilateral Maritime Security Cooperation
Framework established by the United States, Japan,
and the Republic of Korea in August 2023;
(v) countering malicious cyber and disinformation
activities; and
(vi) disaster relief and humanitarian assistance
activities.
(B) An identification of challenges to improving such
trilateral defense cooperation with respect to the activities
described in subparagraph (A).
(C) Any other matter the Secretary of Defense con-
siders relevant.
(b) ANNUAL REPORT.—Not later than March 1, 2026 and
annually thereafter through 2029, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the appro-
priate committees of Congress a report on trilateral defense coopera-
tion among the United States, Japan, and the Republic of Korea
that includes, with respect to the activities described in subsection
(a)(2)(A), a description of any such activities conducted during the
preceding year.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1346. MODIFICATION OF PUBLIC REPORTING OF CHINESE MILI-
TARY COMPANIES OPERATING IN THE UNITED STATES.
Section 1260H of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3965; 10 U.S.C. 113 note) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘an explanation of
any entities deleted from such list with respect to a prior
list’’ and inserting ‘‘a justification for adding any entities
to the list and for deleting any entities from a prior list’’;
(B) in paragraph (2)—
(i) by striking ‘‘Concurrent with’’ and inserting
the following:
‘‘(A) IN GENERAL.—Concurrent with’’; and
(ii) by adding at the end the following:
‘‘(B) INCLUSION.—The publication required by subpara-
graph (A) shall include, for each entity included in the
unclassified portion of such list, the justification for inclu-
sion in such list.’’;
(C) in paragraph (3)—
H. R. 5009—352
(i)
in
the
paragraph
heading,
by
striking
‘‘ONGOING’’ and inserting ‘‘ANNUAL’’; and
(ii) by striking ‘‘on an ongoing basis’’ and inserting
‘‘not less frequently than annually’’; and
(D) by adding at the end the following:
‘‘(4) LANGUAGE REQUIREMENT.—The Secretary shall prepare
the list required by paragraph (1) in English and in Mandarin
Chinese. If the name of a Chinese military company included
on the list is referred to by the Government of China in a
language other than English or Mandarin Chinese, the Sec-
retary shall also include on the list the name of that company
in that language.’’;
(2) in subsection (d)—
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (5), respectively;
(B) by inserting before paragraph (2), as so redesig-
nated, the following:
‘‘(1) AFFILIATED WITH.—The term ‘affiliated with’ means
in close formal or informal association.’’;
(C) in paragraph (2), as so redesignated—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B)—
(I) in clause (i), by amending subclause (I)
to read as follows:
‘‘(I) directly or indirectly owned by, controlled by,
or beneficially owned by, affiliated with, or in an official
or unofficial capacity acting as an agent of or on behalf
of, the People’s Liberation Army, Chinese military and
paramilitary elements, security forces, police, law
enforcement, border control, the People’s Armed Police,
the Ministry of State Security (MSS), or any other
organization subordinate to the Central Military
Commission of the Chinese Communist Party, the Chi-
nese Ministry of Industry and Information Technology
(MIIT), the State-Owned Assets Supervision and
Administration Commission of the State Council
(SASAC), or the State Administration of Science, Tech-
nology, and Industry for National Defense (SASTIND);
or’’; and
(II) in clause (ii), by striking the period at
the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) includes a wholly-owned or wholly-controlled sub-
sidiary or wholly-owned or wholly-controlled affiliate of
such an entity or any entity that owns in the aggregate,
directly or indirectly, 50 percent or more of any entity
or entities described in subparagraph (B).’’;
(D) in paragraph (3), as so redesignated—
(i) by amending subparagraphs (A) and (B) to read
as follows:
‘‘(A) Entities knowingly receiving assistance from the
Government of China or the Chinese Communist Party
through science, technology, research, and industrial efforts
initiated, granted, or created by, or provided under, or
H. R. 5009—353
related to, the Chinese military industrial planning appa-
ratus, or in furtherance of Chinese military industrial plan-
ning objectives, including selection or designation as a
‘Single Champion’, ‘Little Giant’, or any other successor
selection or designation as an enterprise associated with
industrial planning or military-civil fusion efforts.
‘‘(B) Entities managed, overseen, or supervised by,
otherwise under the control of, or affiliated with (including
by means of formal participation in research partnerships
and projects)—
‘‘(i) the Chinese Ministry of Industry and Informa-
tion Technology (MIIT);
‘‘(ii) the State-Owned Assets Supervision and
Administration Commission of the State Council
(SASAC);
‘‘(iii) the State Administration of Science, Tech-
nology and Industry for National Defense (SASTIND);
‘‘(iv) the Ministry of State Security (MSS); or
‘‘(v) the People’s Liberation Army.’’; and
(ii) in subparagraph (F), by striking ‘‘such as’’ and
inserting ‘‘including’’;
(E) by inserting after paragraph (3), as so redesignated,
the following:
‘‘(4) OPERATING DIRECTLY OR INDIRECTLY IN THE UNITED
STATES OR ANY OF ITS TERRITORIES AND POSSESSIONS.—With
respect to an entity, the term ‘operating directly or indirectly
in the United States or any of its territories and possessions’
includes an entity selling goods in, or receiving goods or services
from, the United States or any of its territories or possessions,
regardless of whether the entity has a physical presence in
the United States.’’; and
(F) in paragraph (5), as so redesignated—
(i) by inserting ‘‘or intelligence’’ after ‘‘security’’;
and
(ii) by adding at the end before the period the
following; ‘‘, including other Chinese military and para-
military elements, security forces, police, law enforce-
ment, border control, and the Ministry of State Secu-
rity’’;
(3) by redesignating subsection (d), as so amended, as sub-
section (g); and
(4) by inserting after subsection (c) the following:
‘‘(d) DEFENSE INDUSTRIAL BASE REPORT.—
‘‘(1) IN GENERAL.—Not later than December 31, 2026, and
biennially thereafter through December 31, 2031, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the status of
Department of Defense procurement restrictions on entities
included in the list described in subsection (b)(1).
‘‘(2) ELEMENTS.—Each report required by paragraph (1)
shall include the following:
‘‘(A) A list of each entity included in the list described
in subsection (b)(1) that is likely present in the United
States defense industrial base.
‘‘(B) Available unclassified data on any such entity
and its presence within the United States defense indus-
trial base.
H. R. 5009—354
‘‘(C) A description of any update to policies or proce-
dures implemented to enforce procurement restrictions on
entities included in the list described in subsection (b)(1).
‘‘(e) PROCEDURES
FOR
IMPLEMENTATION.—The Secretary of
Defense shall establish such reasonable procedures as are necessary
to implement the provisions of this section, including for obtaining
information from outside entities relevant to the list described
in subsection (b)(1) and procedures for removal of entities from
the list described in subsection (b)(1).
‘‘(f) JUDICIAL REVIEW.— In any judicial review of a determina-
tion made under this section, if the determination was based on
classified information (as defined in section 1(a) of the Classified
Information Procedures Act) such information may be submitted
to the reviewing court ex parte and in camera. This subsection
does not confer or imply any right to judicial review.’’.
SEC. 1347. STRATEGY TO ADDRESS MALIGN ACTIVITIES BY THE PEO-
PLE’S LIBERATION ARMY.
(a) IN GENERAL.—Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a transregional, multi-
functional, and multi-domain strategy to coordinate activities among
combatant commands for identifying and, if necessary and appro-
priate, addressing malign activities by the People’s Liberation Army
of the People’s Republic of China.
(b) COMBATANT COMMAND LIAISONS.—Concurrently with the
submission of the strategy required by subsection (a), the Secretary
shall designate, within each combatant command (other than the
United States Indo-Pacific Command), an official liaison for coordi-
nated transregional, multi-functional, and multi-domain efforts to
address malign activities by the People’s Liberation Army.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B—National Defense Stockpile
Sec. 1411. Restoring the National Defense Stockpile.
Sec. 1412. Consultations with respect to environmental reviews of projects that will
increase availability of strategic and critical materials for acquisition for
National Defense Stockpile.
Subtitle C—Other Matters
Sec. 1421. Extension of authorities for funding and management of Joint Depart-
ment of Defense-Department of Veterans Affairs Medical Facility Dem-
onstration Fund for Captain James A. Lovell Health Care Center, Illi-
nois.
Sec. 1422. Eligibility of Space Force officers for membership on Armed Forces Re-
tirement Home Advisory Council.
Sec. 1423. Armed Forces Retirement Home: availability of licensed practitioners.
Sec. 1424. Authorization of appropriations for Armed Forces Retirement Home.
H. R. 5009—355
Subtitle A—Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2025 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds, as specified in the funding
table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2025 for expenses, not otherwise provided for, for Chem-
ical Agents and Munitions Destruction, Defense, as specified in
the funding table in section 4501.
(b) USE.—Amounts authorized to be appropriated under sub-
section (a) are authorized for the destruction of lethal chemical
agents and munitions in accordance with section 1412 of the Depart-
ment of Defense Authorization Act, 1986 (50 U.S.C. 1521).
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2025 for expenses, not otherwise
provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2025 for expenses, not otherwise
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year
2025 for the Defense Health Program for use of the Armed Forces
and other activities and agencies of the Department of Defense
for providing for the health of eligible beneficiaries, as specified
in the funding table in section 4501.
Subtitle B—National Defense Stockpile
SEC. 1411. RESTORING THE NATIONAL DEFENSE STOCKPILE.
(a) PLAN TO FULLY FUND EXISTING NATIONAL DEFENSE STOCK-
PILE REQUIREMENTS.—Not later than April 15, 2025, the Secretary
of Defense shall submit to the congressional defense committees
a plan that includes the following:
(1) An identification of the strategic and critical materials
for which there is a shortfall in the National Defense Stockpile,
as determined by the Secretary, and the estimated cost of
resolving such shortfalls.
(2) A plan for resolving the shortfalls identified under
paragraph (1) and to avoid any future shortfall in the National
Defense Stockpile—
H. R. 5009—356
(A) with respect to the military and industrial needs
of the United States during a national emergency, not
later than December 31, 2027; and
(B) with respect to the essential civilian needs of the
United States during a national emergency, not later than
December 31, 2029.
(3) A description of the additional funds that would be
necessary to resolve the shortfalls identified under paragraph
(1) if the National Defense Stockpile was required to meet
the national defense needs of the United States for a period
of—
(A) not less than two years during a national emer-
gency; and
(B) not less than three years during a national emer-
gency.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘national emergency’’ has the meaning given
such term under section 12 of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98h–3).
(2) The term ‘‘strategic and critical materials’’ means mate-
rials determined pursuant to section 3(a) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98b(a)) to be
strategic and critical materials.
SEC. 1412. CONSULTATIONS WITH RESPECT TO ENVIRONMENTAL
REVIEWS OF PROJECTS THAT WILL INCREASE AVAIL-
ABILITY OF STRATEGIC AND CRITICAL MATERIALS FOR
ACQUISITION FOR NATIONAL DEFENSE STOCKPILE.
(a) IN GENERAL.—The Secretary of Defense shall consult with
the head of any agency responsible for the development of an
environmental document for a project that will result in an increase
in the availability of strategic and critical materials for acquisition
for the Stockpile.
(b) DEFINITIONS.—In this section:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
such term in section 551 of title 5, United States Code.
(2) ENVIRONMENTAL DOCUMENT.—The term ‘‘environmental
document’’ has the meaning given that term in section 111
of the National Environmental Policy Act of 1969 (42 U.S.C.
4336e).
(3) STOCKPILE.—The term ‘‘Stockpile’’ means the National
Defense Stockpile established under section 3 of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98b).
(4) STRATEGIC AND CRITICAL MATERIALS.—The term ‘‘stra-
tegic and critical materials’’ means materials, including rare
earth elements, that are necessary to meet national defense
and national security requirements, including requirements
relating to supply chain resiliency, and for the economic security
of the United States.
H. R. 5009—357
Subtitle C—Other Matters
SEC. 1421. EXTENSION OF AUTHORITIES FOR FUNDING AND MANAGE-
MENT OF JOINT DEPARTMENT OF DEFENSE-DEPART-
MENT OF VETERANS AFFAIRS MEDICAL FACILITY DEM-
ONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL
HEALTH CARE CENTER, ILLINOIS.
(a) IN GENERAL.—Section 1704(e) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 2573), as most recently amended by section 305 of division
B of the Continuing Appropriations and Extensions Act, 2025
(Public Law 118–83, 138 Stat. 1539), is amended by striking ‘‘Sep-
tember 30, 2025’’ and inserting ‘‘September 30, 2026’’.
(b) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds author-
ized to be appropriated for section 1405 and available for the
Defense
Health
Program
for
operation
and
maintenance,
$162,500,000 may be transferred by the Secretary of Defense to
the Joint Department of Defense–Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection
(a)(1) of section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For
purposes of subsection (a)(2) of such section 1704, any funds so
transferred shall be treated as amounts authorized and appro-
priated specifically for the purpose of such a transfer.
(c) USE OF TRANSFERRED FUNDS.—For the purposes of sub-
section (b) of such section 1704, facility operations for which funds
transferred under subsection (b) of this section may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs Medical
Center, the Navy Ambulatory Care Center, and supporting facilities
designated as a combined Federal medical facility under an oper-
ational agreement covered by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110–417; 122 Stat. 4500).
SEC. 1422. ELIGIBILITY OF SPACE FORCE OFFICERS FOR MEMBERSHIP
ON
ARMED
FORCES
RETIREMENT
HOME
ADVISORY
COUNCIL.
(a) SPACE FORCE CHIEF PERSONNEL OFFICER.—Section 1502(5)
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
401(5)) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(F) the Deputy Chief of Space Operations for Human
Capital of the Space Force.’’.
(b) SPACE FORCE SENIOR NONCOMMISSIONED OFFICER.—Section
1502(6) of such Act (24 U.S.C. 401(6)) is amended by adding at
the end the following new subparagraph:
‘‘(F) The Chief Master Sergeant of the Space Force.’’.
SEC. 1423. ARMED FORCES RETIREMENT HOME: AVAILABILITY OF
LICENSED PRACTITIONERS.
Subsection (c) of section 1513 of the Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 413) is amended to read as follows:
H. R. 5009—358
‘‘(c) AVAILABILITY
OF LICENSED PRACTITIONERS.—(1) In pro-
viding for the health care needs of residents at a facility of the
Retirement Home under subsection (b), the Retirement Home shall
have appropriate licensed practitioners, as determined under para-
graph (2), available during the daily business hours of the facility
and on an on-call basis at other times.
‘‘(2) In accordance with accrediting organization standards
pursuant to section 1511(g), the Chief Operating Officer, in consulta-
tion with the Medical Director, shall ensure that the skills, experi-
ence, and availability of the practitioners are suited to residents
of the facility.’’.
SEC. 1424. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
2025 from the Armed Forces Retirement Home Trust Fund the
sum of $100,520,000 for the operation of the Armed Forces Retire-
ment Home.
TITLE XV—CYBERSPACE-RELATED
MATTERS
Subtitle A—Cyber Operations
Sec. 1501. Modification of prohibition on purchase of cyber data products or serv-
ices other than through the program management office for Department
of Defense-wide procurement of cyber data products and services.
Sec. 1502. Department of Defense Information Network subordinate unified com-
mand.
Sec. 1503. Establishment of the Department of Defense Hackathon program.
Sec. 1504. Support for cyber threat tabletop exercise program with the defense in-
dustrial base.
Sec. 1505. Accounting of cloud computing capabilities of the Department of De-
fense.
Subtitle B—Cybersecurity
Sec. 1511. Termination of reporting requirement for cross domain incidents and ex-
emptions to policies for information technology.
Sec. 1512. Information technology programs of the National Background Investiga-
tion Service.
Sec. 1513. Guidance for application of zero trust strategy to Internet of Things
hardware used in military operations.
Sec. 1514. Management and cybersecurity of multi-cloud environments.
Sec. 1515. Protective measures for mobile devices within the Department of De-
fense.
Subtitle C—Information Technology and Data Management
Sec. 1521. Usability of antiquated and proprietary data formats for modern oper-
ations.
Sec. 1522. Modernization of the Department of Defense’s Authorization to Operate
processes.
Sec. 1523. Update of biometric policy of Department of Defense.
Subtitle D—Artificial Intelligence
Sec. 1531. Artificial Intelligence Human Factors Integration Initiative.
Sec. 1532. Advanced computing infrastructure to enable advanced artificial intel-
ligence capabilities.
Sec. 1533. Cost budgeting for artificial intelligence data.
Sec. 1534. Evaluation of Federated Artificial Intelligence-Enabled Weapon Systems
Center of Excellence.
Subtitle E—Reports and Other Matters
Sec. 1541. Oversight and reporting on the Mission Partner Environment and asso-
ciated activities within the Department of Defense.
H. R. 5009—359
Sec. 1542. Extension of certification requirement regarding contracting for military
recruiting.
Sec. 1543. Prohibition on disestablishment or merger of officer career paths within
the Cyber Branch of the United States Army.
Sec. 1544. Independent assessment of cyber organizational models.
Sec. 1545. Limitation on availability of funds for the Joint Cyber Warfighting Ar-
chitecture.
Sec. 1546. Risk framework for foreign mobile applications of concern.
Sec. 1547. Joint partner-sharing network capabilities for Middle East defense inte-
gration.
Subtitle A—Cyber Operations
SEC. 1501. MODIFICATION OF PROHIBITION ON PURCHASE OF CYBER
DATA PRODUCTS OR SERVICES OTHER THAN THROUGH
THE PROGRAM MANAGEMENT OFFICE FOR DEPARTMENT
OF DEFENSE-WIDE PROCUREMENT OF CYBER DATA
PRODUCTS AND SERVICES.
Section 1521(c) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) is
amended—
(1) in paragraph (1), by striking ‘‘; or’’ and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) such component submits to such office a justification
for such component to independently procure such product or
service that such component determines as demonstrating—
‘‘(A) the compelling need for such product or service;
and
‘‘(B) either the urgency for such product or service
or the need to ensure competition in the market for such
product or service supports such independent procurement
by such component.’’.
SEC. 1502. DEPARTMENT OF DEFENSE INFORMATION NETWORK
SUBORDINATE UNIFIED COMMAND.
(a) IN GENERAL.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall designate
the Joint Force Headquarters-Department of Defense Information
Network as a subordinate unified command under the United States
Cyber Command.
(b) DESIGNATION NOTICE.—On the date on which the Secretary
of Defense makes the designation required by subsection (a), the
Secretary shall issue to the Secretary of each military department
(as defined in section 101(a) of title 10, United States Code), the
Chairman of the Joint Chiefs of Staff, the Under Secretaries of
the Department of Defense, the Chief of the National Guard Bureau,
the General Counsel of the Department of Defense, the Director
of Cost Assessment and Program Evaluation, the Inspector General
of the Department of Defense, the Director of Operational Test
and Evaluation, the Chief Information Officer of the Department
of Defense, the Assistant Secretary of Defense for Legislative
Affairs, the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict, the Chief Digital and Artificial Intel-
ligence Officer of the Department of Defense, the commander of
each combatant command, and the head of each Defense Agency
and Department of Defense Field Activity (as such terms are
H. R. 5009—360
defined, respectively, in section 101(a) of title 10, United States
Code) a notice regarding—
(1) the designation of the Joint Force Headquarters-Depart-
ment of Defense Information Network as a subordinate unified
command under the United States Cyber Command; and
(2) the mission of the Joint Force Headquarters-Depart-
ment of Defense Information Network as the lead organization
for the network operations, security, and defense of the Depart-
ment of Defense Information Network.
SEC. 1503. ESTABLISHMENT OF THE DEPARTMENT OF DEFENSE
HACKATHON PROGRAM.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Chief Digital and Artificial Intel-
ligence Officer of the Department of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff and the Chief Information
Officer of the Department of Defense, shall establish a program
(to be known as the ‘‘Department of Defense Hackathon Program’’)
under which the commanders of combatant commands and the
Secretaries of the military departments shall carry out not fewer
than four Hackathons each year.
(b) PROGRAM MANAGEMENT.—The Chief Digital and Artificial
Intelligence Officer of the Department of Defense shall develop
and implement standards for carrying out Hackathons, provide
supporting technical infrastructure to the host of each Hackathon,
and determine the hosts each year under subsection (c)(1).
(c) HOSTS.—
(1)(A) Each year, two commanders of combatant commands
shall each carry out a Hackathon and two Secretaries of mili-
tary departments shall each carry out a Hackathon, as deter-
mined by the Chief Digital and Artificial Intelligence Officer
of the Department of Defense in accordance with this sub-
section.
(B) The commanders of combatant commands and the Sec-
retaries of military departments carrying out Hackathons
pursuant to subparagraph (A) shall change each year.
(C) Each host of a Hackathon shall—
(i) provide to the participants invited to participate
in such Hackathon a per diem allowance in accordance
with section 5702 of title 5, United States Code, or section
452 of title 37, United States Code, as applicable; and
(ii) not later than 60 days after the completion of
such Hackathon, make available to the Department of
Defense a report on such Hackathon.
(2) Any commander of a combatant command or Secretary
of a military department may carry out a Hackathon in addition
to the Hackathons required under paragraph (1).
(d) HACKATHON OBJECTIVES.—
(1) The host of each Hackathon shall establish objectives
for the Hackathon that address a critical, technical challenge
of the combatant command or military department of the host,
as applicable, through the use of individuals with specialized
and relevant skills, including data scientists, developers, soft-
ware engineers, and other specialists as determined appropriate
by the Chief Digital and Artificial Intelligence Officer of the
Department of Defense or the host.
H. R. 5009—361
(2) In addition to the objectives established by the host
of a Hackathon under paragraph (1), the objectives for each
Hackathon shall include—
(A) fostering innovation across the Department of
Defense, including in military departments and the combat-
ant commands; and
(B) creating repeatable processes enabling the com-
manders of combatant commands and the Secretaries of
the military departments to more rapidly identify and
develop solutions to critical, technical challenges across
the Department of Defense.
(e) DEFINITIONS.—In this section—
(1) the term ‘‘Hackathon’’ means an event carried out under
the Program at which employees across the Department of
Defense meet to collaboratively attempt to develop functional
software or hardware solutions during the event to solve a
critical, technical challenge determined by the host;
(2) the term ‘‘host’’, with respect to a Hackathon, means
the commander of the combatant command or the Secretary
of the military department carrying out the Hackathon;
(3) the term ‘‘military department’’ has the meaning given
such term in section 101(a) of title 10, United States Code;
and
(4) the term ‘‘Program’’ means the program established
under subsection (a).
SEC. 1504. SUPPORT FOR CYBER THREAT TABLETOP EXERCISE PRO-
GRAM WITH THE DEFENSE INDUSTRIAL BASE.
(a) DEVELOPMENT OF CYBER THREAT TABLETOP EXERCISE PRO-
GRAM.—
(1) IN GENERAL.— Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Assistant Secretary of Defense for Cyber Policy,
shall establish a program (to be known as the ‘‘Cyber Threat
Tabletop Exercise Program’’) to prepare the Department of
Defense and the defense industrial base for cyber attacks pre-
ceding or during times of conflict or wars through the use
of tabletop exercises.
(2) PARTICIPATION.—
(A) IN GENERAL.—In carrying out the program, the
Secretary of Defense, acting through the Assistant Sec-
retary of Defense for Cyber Policy, shall consult and coordi-
nate with the following:
(i) The Chief Information Officer of the Depart-
ment of Defense.
(ii) The Under Secretary of Defense for Acquisition
and Sustainment.
(iii) The Commander of the United States Cyber
Command.
(iv) The Commander of the United States Northern
Command.
(v) The Commander of the Army Interagency
Training and Education Center.
(vi) The Director of the Defense Cyber Crime
Center.
H. R. 5009—362
(vii) Such other individuals and entities as the
Assistant Secretary of Defense for Cyber Policy deter-
mines appropriate.
(B) SOLICITATION.—The Assistant Secretary of Defense
for Cyber Policy may solicit such individuals and entities
in the Department of Defense and the defense industrial
base as the Assistant Secretary determines appropriate
to participate in the program.
(3) CYBER THREAT TABLETOP EXERCISE PROGRAM.——
(A) IN
GENERAL.—The program shall consist of the
following:
(i) A series of tabletop exercises that simulate
cyber attack scenarios affecting the defense industrial
base, which the Assistant Secretary of Defense for
Cyber Policy shall carry out on a biannual basis begin-
ning not later than one year after the date of the
enactment of this Act until December 30, 2030, and
in which the Department of Defense and entities in
the defense industrial base shall participate.
(ii) A series of tabletop exercises for use by indi-
vidual entities or collections of entities in the defense
industrial base that simulate cyber attack scenarios
affecting the defense industrial base and which are
designed to test and improve the responses and plans
of such entities to such scenarios.
(B) TABLETOP EXERCISE DEVELOPMENT.—
(i) IN
GENERAL.—The Assistant Secretary of
Defense for Cyber Policy shall develop and update
the tabletop exercises described in subparagraph (A).
(ii) REALISTIC ATTACKS.—The Assistant Secretary
of Defense for Cyber Policy shall ensure that the cyber
attacks simulated by the tabletop exercises described
in subparagraph (A) are based on the cyber attack
capabilities and activities of current and potential
adversaries of the United States.
(4) PROCEDURES FOR IDENTIFICATION OF VULNERABILITIES
AND
LESSONS
LEARNED.—Not later than one year after the
date of the enactment of this Act, the Assistant Secretary
of Defense for Cyber Policy shall establish procedures to—
(A) identify vulnerabilities in the cybersecurity of the
Department of Defense and the defense industrial base
pursuant to the tabletop exercises carried out under the
program; and
(B) identify other lessons learned that can improve
national security or the quality of such tabletop exercises.
(b) ANNUAL REPORT.—Not later than September 30, 2025, and
annually thereafter until the October 1, 2029, the Secretary of
Defense, acting through the Assistant Secretary of Defense for
Cyber Policy, shall submit to the congressional defense committees
a report describing the activities of the Department of Defense
pursuant to this section during the preceding year.
(c) PROGRAM DEFINED.—In this section, the term ‘‘program’’
means the program established under subsection (a).
H. R. 5009—363
SEC. 1505. ACCOUNTING OF CLOUD COMPUTING CAPABILITIES OF THE
DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Not later than October 15, 2025, and every
six months thereafter, the Chief Information Officer of the Depart-
ment of Defense shall submit to the congressional defense commit-
tees a report containing each covered cloud contract of the Depart-
ment of Defense.
(b) REPORT CONTENTS.—Each report under subsection (a) shall
include—
(1) the covered cloud contracts submitted by the Office
of the Secretary of Defense, the Secretaries of the military
departments, the head of each Department of Defense Field
Activity, and the commander of each combatant command under
subsection (c);
(2) a list of the cloud capabilities and services acquired
across the Department of Defense under contracts other than
covered cloud contracts; and
(3) for each current or planned cloud contract of the Depart-
ment of Defense, the information described in the memorandum
described in subsection (f) to show where cloud environments
under such contracts are being used and the costs incurred
by the Department outside of contracts authorized by the Chief
Information Officer of the Department of Defense for cloud
capabilities.
(c) COLLECTION OF CLOUD CONTRACTS.—Upon the request of
the Chief Information Officer of the Department of Defense, the
Office of the Secretary of Defense, the Secretaries of the military
departments, the head of each Department of Defense Field Activity,
and the commander of each combatant command shall each submit
to the Chief Information Officer of the Department of Defense
the covered cloud contracts of such office, military department,
Department of Defense Field Activity, or combatant command,
respectively.
(d) REPORT.—The Secretary of Defense shall include the
information required to be contained in the report under subsection
(a) for the covered cloud contracts of the Department of Defense
in the budget justification materials (as defined in section 3(b)(2)
of the Federal Funding Accountability and Transparency Act of
2006 (31 U.S.C. 6101 note)) submitted by the Department of Defense
with respect to the budget of the President submitted to Congress
pursuant to section 1105 of title 31, United States Code, for fiscal
year 2027, and for each fiscal year thereafter.
(e) SUNSET.—This section shall terminate on December 31,
2030.
(f) COVERED CLOUD CONTRACT DEFINED.—The term ‘‘covered
cloud contract’’ means a contract entered into under the multiple
award contract described in the memorandum of the Chief Informa-
tion Officer of the Department of Defense titled ‘‘Department of
Defense Joint Warfighting Cloud Capability and Next Steps to
Rationalize Cloud Use Across the Department of Defense’’ and
dated July 31, 2023.
H. R. 5009—364
Subtitle B—Cybersecurity
SEC. 1511. TERMINATION OF REPORTING REQUIREMENT FOR CROSS
DOMAIN INCIDENTS AND EXEMPTIONS TO POLICIES FOR
INFORMATION TECHNOLOGY.
Section 1727 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 4117; 10 U.S.C. 2224 note) is amended by adding
at the end the following new subsection:
‘‘(c) TERMINATION DATE.—The requirement of the Secretary
of Defense to submit a monthly report under subsection (a) shall
terminate on December 31, 2025.’’.
SEC. 1512. INFORMATION TECHNOLOGY PROGRAMS OF THE NATIONAL
BACKGROUND INVESTIGATION SERVICE.
Not later than 180 days after the date of the enactment of
this Act, the authorizing official of the Defense Counterintelligence
and Security Agency, in coordination with the Chief Information
Officer of the Department of Defense, shall—
(1) take such actions as may be necessary to ensure that
the National Background Investigation Services are in compli-
ance with the relevant standards and guidelines published
by the National Institution of Standards and Technology in
NIST Special Publication 800–53, Revision 5 (relating to secu-
rity and privacy controls for information systems and organiza-
tions), or successor publication or revision thereto; and
(2) submit to Congress a notice either—
(A) certifying that such services are in compliance with
such standards and guidelines; or
(B) explaining why the authorizing official of the
Defense Counterintelligence and Security Agency is unable
to certify that such services are in compliance with such
standards and guidelines.
SEC. 1513. GUIDANCE FOR APPLICATION OF ZERO TRUST STRATEGY
TO INTERNET OF THINGS HARDWARE USED IN MILITARY
OPERATIONS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer of the
Department of Defense shall develop guidance for how—
(1) the zero trust strategy of the Department of Defense
developed under section 1528 of the National Defense
Authorization Act for Fiscal Year 2022 (10 U.S.C. 2224 note)
applies to Internet of Things hardware, including human-wear-
able devices, sensors, and other smart technology used by the
United States in military operations; and
(2) the role identity, credential, and access management
technologies serve in enforcing such zero trust strategy.
(b) INTERNET OF THINGS DEFINED.—In this section, the term
‘‘Internet of Things’’ has the meaning given such term by the
National Institution of Standards and Technology in NIST Special
Publication 800-172 and any amendatory or superseding document
relating thereto.
H. R. 5009—365
SEC. 1514. MANAGEMENT AND CYBERSECURITY OF MULTI-CLOUD
ENVIRONMENTS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, acting
through the Chief Information Officer of the Department of Defense,
develop a strategy for the management and cybersecurity of the
multi-cloud environments of the Department.
(b) STRATEGY.—The strategy required under subsection (a)
shall—
(1) align with the zero trust strategy of the Department
of Defense entitled ‘‘DoD Zero Trust Strategy’’ and dated
October 21, 2022, or any successor thereto;
(2) provide the Department with network visibility and
interoperability across the entirety of the multi-cloud environ-
ments of the Department;
(3) rationalize user identities across such multi-cloud
environments,
including
through
the
implementation
of
identity, credential, and access management technologies;
(4) maintain the same means to secure endpoints across
the Department;
(5) provide means for improving the identification and reso-
lution of security concerns for each cloud environment prior
to and during the adoption of such cloud environment by the
Department;
(6) assess means to increase the adoption of artificial intel-
ligence applications into the multi-cloud environments of the
Department;
(7) increase the transparency of the reporting by the
Department on the usage of such multi-cloud environments
by the Department to improve planning for capacity demand,
budgeting, and predictability for users and the contractors of
the Department providing such multi-cloud environments and
the goods and services related to such multi-cloud environ-
ments;
(8) identify opportunities to improve the planning of the
Department for data use and storage in such cloud environ-
ments, including policies and processes to enforce protection
of data provided by the Government when such data is used
to train artificial intelligence models or other commercially
developed software systems;
(9) identify opportunities to streamline certification proc-
esses related to the provision of cloud services for cloud service
providers; and
(10) include a plan for training the necessary personnel
of the Department on how to—
(A) incorporate the use of multi-cloud environments
into the performance of the functions of the Department;
and
(B) effectively leverage cybersecurity capabilities in
such multi-cloud environments.
(c) BRIEFING.—Not later than 240 days after the date of the
enactment of this Act, the Chief Information Officer of the Depart-
ment of Defense shall submit to the congressional defense commit-
tees the strategy developed pursuant to subsection (a) and, concur-
rent with such submission, provide to the congressional defense
committees a briefing on such strategy.
H. R. 5009—366
SEC. 1515. PROTECTIVE MEASURES FOR MOBILE DEVICES WITHIN THE
DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—The Secretary of Defense shall carry out
a detailed evaluation of the cybersecurity products and services
for mobile devices to identify products and services that may
improve the cybersecurity of mobile devices used by the Department
of Defense, including mitigating the risk to the Department of
Defense from cyber attacks against mobile devices.
(b) CYBERSECURITY TECHNOLOGIES.—In carrying out the evalua-
tion required under subsection (a), the Secretary of Defense shall
evaluate each of the following technologies:
(1) Anonymizing-enabling technologies, including dynamic
selector rotation, un-linkable payment structures, and anony-
mous onboarding.
(2) Network-enabled full content inspection.
(3) Mobile-device case hardware solutions.
(4) On-device virtual private networks.
(5) Protected Domain Name Server infrastructure.
(6) Extended coverage for mobile device endpoint detection.
(7) Smishing, phishing, and business text or email com-
promise protection leveraging generative artificial intelligence.
(8) Any other emerging or established technologies deter-
mined appropriate by the Secretary.
(c) ELEMENTS.—In carrying out the evaluation required under
subsection (a), for each technology described in subsection (b), the
Secretary of Defense shall—
(1) assess the efficacy and value of the cybersecurity pro-
vided by the technology for mobile devices;
(2) assess the feasibility of scaling the technology across
the entirety or components of the Department of Defense,
including the timeline for deploying the technology across the
entirety or components of the Department of Defense; and
(3) evaluate the ability of the Department of Defense to
integrate the technology with the existing cybersecurity
architecture of the Department of Defense.
(d) REPORT.—Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report of the findings of
the evaluation carried out under subsection (a), including a deter-
mination whether the Department of Defense or any component
thereof should procure or incorporate any of the technologies evalu-
ated pursuant to subsection (b).
Subtitle C—Information Technology and
Data Management
SEC. 1521. USABILITY OF ANTIQUATED AND PROPRIETARY DATA FOR-
MATS FOR MODERN OPERATIONS.
(a) STRATEGY AND ROADMAP.—
(1) IN GENERAL.—Not later than 270 days after the date
of enactment of this Act, the Secretary of Defense, in coordina-
tion with the Secretaries of the military departments, shall
develop—
(A) a strategy for the Department of Defense, including
each of the military departments, to identify, implement,
H. R. 5009—367
and use modern data formats as the primary method of
electronic communication for command and control activi-
ties and for weapon systems, including sensors associated
with such weapon systems; and
(B) an associated five-year roadmap for the Department
of Defense, including each of the military departments,
to implement modern data formats under the strategy
described in subparagraph (A).
(2) ELEMENTS.—The strategy and roadmap required under
paragraph (1) shall include the following elements:
(A) The activities of the Chief Digital and Artificial
Intelligence Officer of the Department of Defense to
increase and synchronize the use of modern data formats
and modern data sharing standards across the Department
of Defense.
(B) Development of standard definitions for modern
and antiquated data formats, including a representative
catalog of the types of data formats that fall under each
category.
(C) The activities of the military departments to
increase the use of modern data formats and modern data
sharing standards for command and control systems,
weapon systems, and sensors associated with such weapon
systems.
(D) An identification of barriers to the use of modern
data formats and modern data sharing standards within
weapon systems and sensors associated with such weapon
systems across the Department of Defense.
(E) An identification of barriers to the use of modern
data formats and modern data sharing standards within
command and control systems across the Department of
Defense.
(F) An identification of limitations on combined joint
all-domain command and control capabilities resulting from
the use of antiquated data formats.
(G) An identification of policy documents, instructions,
or other guidance requiring an update pursuant to such
strategy.
(H) The sources of funding for each military depart-
ment with respect to implementation of such strategy.
(3) SUBMISSION
TO
CONGRESS.—Upon completion of the
strategy and roadmap required under this subsection, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives such
strategy.
(4) MODERN DATA FORMATS.—For the purposes of this sub-
section, the term ‘‘modern data formats’’ includes—
(A) the JavaScript Object Notation data format;
(B) the Binary JavaScript Object Notation data format;
(C) the Protocol Buffers data format; and
(D) such other data formats that the Secretary of
Defense determines would meet the requirements in this
section.
(b) PILOT PROGRAMS.—
(1) ESTABLISHMENT.—Not later than 60 days after the
completion of the strategy required by subsection (a)—
H. R. 5009—368
(A) the Secretary of Defense shall establish a pilot
program under which the Department of Defense, other
than the military departments, shall use modern data for-
mats to improve the usability and functionality of informa-
tion stored or produced in antiquated data formats,
including by the automated conversion of such information
to modern data formats; and
(B) each Secretary of a military department shall estab-
lish a pilot program under which such military department
shall use modern data formats as described in subpara-
graph (A).
(2) BRIEFING.—Not later than 180 days after the completion
of the strategy required by subsection (a), the Secretary of
Defense and the Secretaries of the military departments shall
each submit to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the progress
of the pilot program established by such Secretary under this
subsection, including specific examples of the use of modern
data formats under such pilot program to improve the usability
and functionality of information stored or produced in anti-
quated data formats.
(3) SUNSET.—Each pilot program established under this
subsection shall terminate on the date that is five years after
the date of the enactment of this Act.
(c) MILITARY DEPARTMENT DEFINED.—In this section, the term
‘‘military department’’ has the meaning given such term in section
101(a) of title 10, United States Code.
SEC. 1522. MODERNIZATION OF THE DEPARTMENT OF DEFENSE’S
AUTHORIZATION TO OPERATE PROCESSES.
(a) ACTIVE DIRECTORY OF AUTHORIZING OFFICIALS.—
(1) IN GENERAL.—Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Chief Information Officer of the Department of
Defense and in coordination with the Chief Information Officers
of the military departments, shall establish and regularly
update a digital directory of all authorizing officials in the
military departments.
(2) CONTENTS.—The directory established under paragraph
(1) shall include—
(A) the most current contact information for such
authorizing official; and
(B) a list of each training required to perform the
duties and responsibilities of an authorizing official com-
pleted by such authorizing official.
(b) PRESUMPTION
OF
RECIPROCAL
SOFTWARE
ACCREDITING
STANDARDS.—
(1) POLICY REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the Chief Information Officer of the Department
of Defense, shall implement a policy that requires authorizing
officials to adopt the security analysis and artifacts, as appro-
priate, of a cloud-hosted platform, service, or application that
has already been authorized by another authorizing official
in the Department of Defense in order to more rapidly adopt
and use such cloud-hosted platforms, services, and applications,
at the corresponding classification level and in accordance with
H. R. 5009—369
the existing authorization conditions, without additional
authorizations or reviews.
(2) ELEMENTS.—The Secretary shall ensure that the policy
implemented under paragraph (1)—
(A) ensures the development of standardized and trans-
parent documentation of the security, accreditation,
performance, and operational capabilities of cloud-hosted
platforms, services, and applications to enable decision
making by mission owners of such cloud-hosted platforms,
services, and applications;
(B) provides for an intuitive and digital workflow to
document acknowledgments among mission owners and
system owners of use of the operational capabilities of
cloud-hosted platforms, services, and applications;
(C) directs a review by mission owners of existing
authorization information, at the appropriate classification
level, regarding the status of the operational capabilities
of cloud-hosted platforms, services, and applications,
including through management dashboards or other
management analytic capabilities; and
(D) defines a process, including required timelines, to
allow authorizing officials that disagree with the security
analysis of a cloud-hosted platform, service, or application
that such official would be required to adopt under such
policy to present such disagreement to the Chief Informa-
tion Officer of the Department of Defense, or such other
individual or entity designated by the Chief Information
Officer, for adjudication.
(3) APPLICABILITY.—The policy implemented pursuant to
subsection (a) shall apply to—
(A) all authorizing officials in the Department of
Defense, including in each military department, component,
and agency of the Department; and
(B) all operational capabilities of cloud-hosted plat-
forms, services, and applications, including capabilities on
public cloud infrastructure, as authorized through the Fed-
eral Risk and Authorization Management Program estab-
lished under section 3608 of title 44, United States Code,
and the Defense Information Systems Agency, and capabili-
ties on private cloud landing zones managed by the Depart-
ment of Defense that are authorized by Department accred-
iting officials.
(c) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the status of the implementa-
tion of subsections (a) and (b).
(d) DEFINITIONS.—In this section—
(1) the term ‘‘Authorization to Operate’’ has the meaning
given such term in the Office of Management and Budget
Circular A-130;
(2) the term ‘‘authorizing official’’ means an officer who
is authorized to assume responsibility for operating an informa-
tion system at an acceptable level of risk to organizational
operations (including mission, functions, image, or reputation),
organizational assets, individuals, other organizations, and the
United States;
H. R. 5009—370
(3) the term ‘‘military departments’’ has the meaning given
such term in section 101(a) of title 10, United States Code;
(4) the term ‘‘mission owner’’ means the user of a cloud-
based platform, service, or application; and
(5) the term ‘‘system owner’’ means the element of the
Department of Defense responsible for acquiring a cloud-based
platform, service, or application, but which is not a mission
owner of such cloud-based platform, service, or application.
SEC. 1523. UPDATE OF BIOMETRIC POLICY OF DEPARTMENT OF
DEFENSE.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security shall update the policy of the Department
of Defense regarding the protection of biometric data.
(b) ELEMENTS.—The policy updates required by subsection (a)
shall include the following:
(1) Standards for encrypting and protecting data on
biometric collection devices.
(2) A requirement to sanitize biometric data from collection
devices and hard drives prior to disposal of the devices and
hard drives.
(3) A requirement that components of the Department
maintain records that they have sanitized all data from
biometric collection devices when the devices are turned in
for disposal.
Subtitle D—Artificial Intelligence
SEC. 1531. ARTIFICIAL INTELLIGENCE HUMAN FACTORS INTEGRATION
INITIATIVE.
(a) INITIATIVE REQUIRED.—
(1) IN
GENERAL.—The Under Secretary of Defense for
Research and Engineering, in coordination with the Under
Secretary of Defense for Acquisition and Sustainment and the
Chief Digital and Artificial Intelligence Officer of the Depart-
ment of Defense, shall establish an initiative—
(A) to improve the human usability of artificial intel-
ligence systems and information derived from such systems
through the application of cognitive ergonomics techniques;
and
(B) to improve the human usability and cognitive
effectiveness of artificial intelligence systems adopted by
the Department of Defense by ensuring that design tools
and metrics are available for artificial intelligence and
machine learning programs that ensure human factors
considerations are included for such systems.
(2) DESIGNATION.—The initiative established pursuant to
paragraph (1) shall be known as the ‘‘Artificial Intelligence
Human Factors Integration Initiative’’ (in this section the ‘‘Ini-
tiative’’).
(b) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Research
and Engineering, the Under Secretary of Defense for Acquisition
and Sustainment, and the Chief Digital and Artificial Intelligence
H. R. 5009—371
Officer of the Department of Defense shall jointly brief the Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives on the following:
(1) Existing research and development work within the
Department of Defense laboratories relating to human-machine
teaming, human-centered design, cognitive load, cognitive
ergonomics, and similar topics that are currently being used
or could be used to inform or enhance Department personnel
usability of artificial intelligence systems and artificial intel-
ligence-derived information.
(2) Identification of gaps in research with respect to inter-
actions of personnel of the Department with artificial intel-
ligence systems in warfighting and nonwarfighting environ-
ments that may necessitate additional research within the Fed-
eral Government, industry, or academia.
(3) Identification of relevant tools, methodologies, testing
processes or systems, and evaluation metrics that may be of
use to the Department in improving the cognitive ergonomic
and human usability features of artificial intelligence systems
for personnel of the Department.
(c) PLAN.—Not later than 90 days after the date on which
the briefing required by subsection (b) is provided, the Under Sec-
retary of Defense for Research and Engineering, the Under Sec-
retary of Defense for Acquisition and Sustainment, and the Chief
Digital and Artificial Intelligence Officer of the Department of
Defense shall jointly develop and implement a plan to—
(1) work with the military departments (as defined in sec-
tion 101(a) of title 10, United States Code) and other compo-
nents of the Department to ensure human factors and human
systems integration elements are considered early in the
development or evaluation process with respect to the procure-
ment, adoption, or use of artificial intelligence systems or artifi-
cial intelligence-derived information;
(2) convene research meetings or other forums to coordinate
cognitive ergonomics research or related research challenges
with a broad community of academic, commercial, and inter-
national partners;
(3) work with the Chief Digital and Artificial Intelligence
Officer of the Department of Defense to review commercial
toolsets to assess the level of human factors integration invest-
ment of such commercial toolsets; and
(4) develop guidance based on the research and develop-
ment work identified pursuant to subsection (b)(1) regarding
how to create a framework or taxonomy for characterizing
the exercise of appropriate levels of human judgment within
Department of Defense Directive 3000.09 (relating to Autonomy
in Weapons Systems), or successor directive, for artificial intel-
ligence programs in the Department.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to prohibit or otherwise limit the authority of the Sec-
retary of Defense to research, develop, improve, or acquire any
weapon system or other capability that is enabled, empowered,
enhanced, or improved by artificial intelligence, machine learning,
or a large language model.
H. R. 5009—372
SEC. 1532. ADVANCED COMPUTING INFRASTRUCTURE TO ENABLE
ADVANCED ARTIFICIAL INTELLIGENCE CAPABILITIES.
(a) IN GENERAL.—The Secretary of Defense shall establish a
program, or designate an existing program, to meet the testing
and processing requirements for next generation advanced artificial
intelligence capabilities.
(b) DEVELOPMENT AND EXPANSION OF HIGH-PERFORMANCE COM-
PUTING INFRASTRUCTURE.—
(1) IN GENERAL.—Under the program established or des-
ignated under subsection (a), the Secretary of Defense shall
expand the infrastructure of the Department of Defense for
development and deployment of military applications of high-
performance computing and artificial intelligence capabilities
that are located at installations of the Department or accessible
through commercial cloud or hybrid-cloud environments.
(2) ARTIFICIAL INTELLIGENCE APPLICATIONS.—(A) The Sec-
retary of Defense shall ensure that a portion of the infrastruc-
ture added pursuant to paragraph (1) is—
(i) dedicated to providing access to modern artificial
intelligence accelerators for training, fine-tuning, modi-
fying, and deploying large artificial intelligence systems;
and
(ii) configured in accordance with industry best prac-
tices.
(B) In carrying out subparagraph (A), the Secretary of
Defense shall ensure, to the extent practical, that the Depart-
ment of Defense does not use the portion of the infrastructure
described in such subparagraph for the development of new
artificial intelligence systems to the extent that such infrastruc-
ture is duplicative of readily available commercial or open
source products or services that meet or are reasonably capable
of meeting the physical and data security standards of the
Department.
(c) HIGH-PERFORMANCE COMPUTING ROADMAP.—
(1) IN GENERAL.—Under the program established or des-
ignated under subsection (a), the Secretary of Defense shall
develop a roadmap that describes the high-performance com-
puting infrastructure needed for the Department of Defense
to research, test, develop, and evaluate advanced artificial intel-
ligence applications projected over the period covered by the
future-years defense program.
(2) ASSESSMENT.—The roadmap required by paragraph (1)
shall include assessments of the following:
(A) The anticipated processing for advanced artificial
intelligence applications of the Department of Defense
during the period covered by the roadmap, including the
computing needs associated with the development of such
advanced artificial intelligence applications.
(B) The physical and data security standards required
for the infrastructure for the research, development,
testing, and evaluation of advanced artificial intelligence
applications, including data handling requirements.
(C) The evaluation, milestones, and resourcing needs
to maintain and expand the computing infrastructure nec-
essary for the computing needs described in subparagraph
(A).
(d) ARTIFICIAL INTELLIGENCE SYSTEM DEVELOPMENT.—
H. R. 5009—373
(1) IN
GENERAL.—Using the infrastructure added under
the program established or designated under subsection (a),
the Secretary of Defense shall develop advanced artificial intel-
ligence systems that have general-purpose military applications
for multiple data formats, including text, audio, and graphical.
(2) TRAINING OF SYSTEMS.—The Secretary of Defense shall
ensure that advanced artificial intelligence systems developed
pursuant to paragraph (1) are trained using datasets curated
by the Department of Defense using general, openly or commer-
cially available sources of such data, or data owned by the
Department, depending on the appropriate use case. Such sys-
tems may use openly or commercially available artificial intel-
ligence systems, including those available through infrastruc-
ture located at installations of the Department or cloud or
hybrid-cloud environments, for development or fine-tuning.
(e) COORDINATION AND DUPLICATION.—In establishing or desig-
nating the program under subsection (a), the Secretary of Defense
shall consult with the Secretary of Energy to ensure that none
of the activities carried out under this section are duplicative of
any activity of a research entity of the Department of Energy,
including the following:
(1) The National Laboratories.
(2) The Advanced Scientific Computing Research program.
(3) The Advanced Simulation and Computing program.
SEC. 1533. COST BUDGETING FOR ARTIFICIAL INTELLIGENCE DATA.
(a) PLAN REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Chief Digital and Artificial Intel-
ligence Officer of the Department of Defense, in consultation with
the Under Secretary of Defense for Acquisition and Sustainment
and the Under Secretary of Defense for Research and Engineering,
shall develop a plan to ensure that the budgeting process for pro-
grams containing artificial intelligence components or subcompo-
nents, including artificial intelligence support systems, models, or
analysis tools, includes estimates for the types of data required
to train, maintain, or improve the artificial intelligence components
or subcomponents contained within such programs and estimated
costs for the acquisition and sustainment of such data.
(b) ELEMENTS OF PLAN.—The plan required under subsection
(a) shall include the following:
(1) An assessment of the current programs of the Depart-
ment of Defense containing artificial intelligence components
or subcomponents, such as large language models, including
the sources and costs for structured and unstructured training
data for such artificial intelligence components.
(2) An estimate of the costs associated with the data
required to train, maintain, or improve artificial intelligence
models or systems for programs that are ongoing or proposed
as of enactment of this Act and which are not otherwise cur-
rently accounted for in a program of record.
(3) An estimate of the costs associated with providing access
to capabilities for data preparation, including tooling, indexing,
and data tagging or labeling, including for the protection of
data provided by the Government from unauthorized use during
the algorithm training process and the ongoing control by the
Government of such data during such process.
H. R. 5009—374
(4) Mapping of the acquisition lifecycle for the programs
described in paragraph (1) to align budgeting milestones with
critical design or decision points in the budgeting and execution
processes of the Department of Defense.
(5) A framework for estimating the costs described in para-
graph (2) and ensuring the costs associated with the data
required to train, maintain, or improve artificial intelligence
models or systems are appropriately incorporated into lifecycle
sustainment estimates for future programs containing artificial
intelligence components or subcomponents.
(c) IMPLEMENTATION.—The Secretary of Defense shall begin
implementing the plan required by subsection (a) not later than
90 days after the date on which development of the plan required
by subsection (a) is completed.
(d) BRIEFINGS.—Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once annually
thereafter until 2027, the Secretary shall provide the congressional
defense committees a briefing on the implementation of the plan
developed pursuant to subsection (a).
SEC. 1534. EVALUATION OF FEDERATED ARTIFICIAL INTELLIGENCE-
ENABLED WEAPON SYSTEMS CENTER OF EXCELLENCE.
(a) EVALUATION OF CENTERS OF EXCELLENCE.—The Secretary
of Defense shall determine the advisability and feasibility of estab-
lishing a center or centers of excellence to carry out the functions
described in subsection (b) to support the development and matura-
tion of artificial intelligence-enabled weapon systems by organiza-
tions within the Department of Defense that—
(1) were in effect on the day before the date of the enact-
ment of this Act; and
(2) have appropriate core competencies relating to the func-
tions described in subsection (b).
(b) FUNCTIONS.—The functions described in this subsection are
the following:
(1) Capturing, analyzing, assessing, and sharing lessons
learned across the Department of Defense regarding the latest
advancements in artificial intelligence-enabled weapon systems,
countermeasures, tactics, techniques and procedures, and
training methodologies.
(2) Facilitating collaboration among the Department of
Defense and foreign partners, including Ukraine, to identify
and promulgate best practices, safety guidelines, standards,
and benchmarks.
(3) Facilitating collaboration among the Department,
industry, academia, and not-for-profit organizations in the
United States, including industry with expertise in autonomous
weapon systems and other nontraditional weapon systems that
utilize artificial intelligence as determined by the Secretary
of Defense.
(4) Serving as a focal point for digital talent training and
upskilling for the Department, and as the Secretary of Defense
considers appropriate, providing enterprise-level tools and solu-
tions based on these best practices, standards, and benchmarks.
(5) Carrying out such other responsibilities as the Secretary
of Defense determines appropriate.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall—
H. R. 5009—375
(1) submit to the congressional defense committees a report
on the determination of the Secretary required under subsection
(a) and, if such determination is that establishing a center
or centers of excellence described in such subsection is advisable
and feasible, a plan for establishing such center or centers;
and
(2) if the Secretary submits a plan under paragraph (1),
provide the congressional defense committees a briefing on
such plan.
(d)
ARTIFICIAL
INTELLIGENCE-ENABLED
WEAPON
SYSTEM
DEFINED.—In this section, the term ‘‘artificial intelligence-enabled
weapon system’’ includes autonomous weapon systems, as deter-
mined by the Secretary of Defense.
Subtitle E—Reports and Other Matters
SEC. 1541. OVERSIGHT AND REPORTING ON THE MISSION PARTNER
ENVIRONMENT AND ASSOCIATED ACTIVITIES WITHIN THE
DEPARTMENT OF DEFENSE.
(a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2025 for
the Mission Partner Environment program, not more than 90 per-
cent may be obligated or expended prior to the date on which
the Secretary of Defense makes the certification required by sub-
section (b).
(b) CERTIFICATION.—The Secretary of Defense shall certify to
the congressional defense committees that—
(1) the Secretary of the Air Force, in conjunction with
the Chief Information Officer of the Department of Defense,
has developed an executable implementation plan for the Mis-
sion Partner Environment to meet the operational requirements
of the Department for command and control information
sharing networks, including a modernization plan that reduces
nonstandardized hardware solutions, sunsets legacy hardware,
and fully integrates into the combined joint all-domain com-
mand and control initiative; and
(2) in coordination with the commander of each geographic
combatant command, the Secretary of the Air Force is imple-
menting defined and measurable actions to meet the operational
planning, implementation, and ongoing operational Mission
Partner Environment requirements for global and regional proc-
essing nodes to sustain existing information networks for the
area of responsibility for each such combatant command.
(c) ANNUAL BRIEFINGS.—
(1) IN
GENERAL.—Not later than October 1, 2025, and
annually thereafter until October 1, 2030, the Deputy Secretary
of Defense, the Vice Chairman of the Joint Chiefs of Staff,
the Chief Information Officer of the Department of Defense,
the head of the Information Security Risk Management Com-
mittee of the Department of Defense, the director of the Mission
Partner Capability Office, the Executive Agent for the Mission
Partner Environment, and a senior military service representa-
tive for each of the Armed Forces shall provide to the congres-
sional defense committees a briefing on the Mission Partner
Environment and related activities within the Department of
H. R. 5009—376
Defense, including the modernization of the Mission Partner
Environment.
(2) COMBATANT COMMANDS.—A senior representative from
each unified combatant command shall attend and participate
in each briefing required by paragraph (1).
(d) ELEMENTS.—Each briefing required by subsection (c) shall
include the following:
(1) A description of all efforts of the Department of Defense
for the Mission Partner Environment.
(2) A description of the overall progress on implementation
and modernization of the Mission Partner Environment across
the entirety of the Department of Defense as of the date of
the briefing and, for each such briefing after the first such
briefing, the progress made on such implementation and mod-
ernization since the preceding briefing under such subsection.
(3) An explanation of any changes in policy necessary to
execute on the Mission Partner Environment, including changes
made during the period covered by the briefing and changes
that are planned as of the time of the briefing.
(4) An explanation of any changes to the governance of
the Mission Partner Environment within the Department of
Defense, including changes made during the period covered
by the briefing and changes that are planned as of the time
of the briefing.
(5) A detailed programmatic table of the funding for the
combined Mission Partner Environment efforts of the Office
of the Secretary of Defense, the military departments, and
the combatant commands as set forth in the budget of the
President most recently submitted to Congress under section
1105 of title 31, United States Code.
(e) MODIFICATION TO CJADC2 BRIEFING REQUIREMENT.—Sec-
tion 1076 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134
Stat. 3866), as amended by section 1504 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137
Stat. 538), is further amended by amending subsection (a) to read
as follows:
‘‘(a) BIANNUAL BRIEFINGS.—
‘‘(1) IN GENERAL.—During the period beginning on October
1, 2021, and ending on October 1, 2028, the Deputy Secretary
of Defense, the Vice Chairman of the Joint Chiefs of Staff,
the Chief Digital and Artificial Intelligence Officer of the
Department of Defense, the Chief Information Officer of the
Department of Defense, and a senior military service represent-
ative for each of the Armed Forces shall provide to the congres-
sional defense committees biannual briefings on the progress
of the Joint All Domain Command and Control (in this section
referred to as ‘JADC2’) effort of the Department of Defense.
‘‘(2) ANNUAL PARTICIPATION BY CERTAIN COMBATANT COM-
MANDS.—For each fiscal year during the period specified in
paragraph (1), a senior representative from each of the United
States Indo-Pacific Command, United States Central Command,
and United States European Command shall participate in
the provision of the first biannual briefing under such para-
graph following the submission of the budget of the President
to Congress under section 1105 of title 31, United States Code,
for that fiscal year.’’.
H. R. 5009—377
(f) DEFINITIONS.—In this section—
(1) the terms ‘‘Defense Agency’’ and ‘‘military departments’’
have the meanings given such terms, respectively, in section
101(a) of title 10, United States Code;
(2) the term ‘‘Mission Partner Environment’’ means the
operating framework enabling command and control, informa-
tion sharing, and the exchange of data between the Department
of Defense and partners and allies of the United States partici-
pating in a military or other operation for the purposes of
planning and executing such operation through the use of
common standards governance and procedures, including activi-
ties the Office of the Secretary of Defense, military depart-
ments, unified combatant commands (as defined in section 161
of title 10, United States Code), and Defense Agencies relating
to the operation, modernization, implementation, or oversight
of, or resourcing of networks or applications designed for such
framework; and
(3) the term ‘‘unified combatant command’’ has the meaning
given such term in section 161 of title 10, United States Code.
SEC. 1542. EXTENSION OF CERTIFICATION REQUIREMENT REGARDING
CONTRACTING FOR MILITARY RECRUITING.
Section 1555(c) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 137 Stat. 581; 10 U.S.C.
503 note) is amended by striking ‘‘one year’’ and inserting ‘‘two
years’’.
SEC. 1543. PROHIBITION ON DISESTABLISHMENT OR MERGER OF
OFFICER CAREER PATHS WITHIN THE CYBER BRANCH
OF THE UNITED STATES ARMY.
(a) NOTICE REQUIRED.—The Secretary of the Army may not
initiate a covered activity until the date that is 270 days after
the date on which the Secretary submits to the congressional
defense committees a notice described in subsection (b) with respect
to such covered activity.
(b) NOTICE ELEMENTS.—The notice described in this subsection
is a written notice of the intent of the Secretary of the Army
to initiate a covered activity and includes—
(1) an explanation of such covered activity;
(2) an estimate of the costs associated with such covered
activity;
(3) an explanation of the effects associated with such cov-
ered activity, including any changes to personnel training; and
(4) a timeline for the covered activity.
(c) COVERED ACTIVITY DEFINED.—In this section, the term ‘‘cov-
ered activity’’ means any actions to disestablish or merge the Cyber
Warfare Officer and Cyber Electromagnetic Warfare Officer career
paths within the Cyber Branch of the Army.
SEC. 1544. INDEPENDENT ASSESSMENT OF CYBER ORGANIZATIONAL
MODELS.
(a) AGREEMENT.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine (in this section referred
to as the ‘‘National Academies’’) for the National Academies
to conduct an evaluation of alternative organizational models
for the cyber forces of the Armed Forces.
H. R. 5009—378
(2) TIMING.—The Secretary shall seek to enter into the
agreement described in paragraph (1) by the date that is not
later than 90 days after the date of the enactment of this
Act.
(b) EVALUATION.—
(1) IN GENERAL.—The evaluation of alternative organiza-
tional models conducted by the National Academies under an
agreement entered into pursuant to subsection (a) shall
include—
(A) refining and further evolving the current organiza-
tional approach for the cyber forces of the Armed Forces;
(B) the feasibility and advisability of establishing a
separate Armed Force in the Department of Defense dedi-
cated to operations in the cyber domain;
(C) consideration of adoption or adaptation of alter-
native organizational models for the cyber forces of the
Armed Forces;
(D) consideration of an organizational model combining
the refinement and evolution described in subparagraph
(A) and the establishment of a separate Armed Force
described in subparagraph (B); and
(E) any other organizational models for the cyber forces
of the Armed Forces determined feasible and advisable
by the National Academies.
(2) SCOPE.—In carrying out the evaluation described in
paragraph (1), for each organizational model evaluated the
National Academies shall consider—
(A) the effects of the organizational model on—
(i) the ability of the Department of Defense to
effectively conduct military cyber operations, including
offensive, defensive and analytical missions;
(ii) the ability of the Department to organize, train,
and equip military cyber operations forces (including
military, civilian and other enabling personnel);
(iii) the recruitment, retention, and workforce
development policies of the Department of Defense
with respect to the personnel needed for military cyber
operations;
(iv) the division of responsibilities between a dedi-
cated cyber force and the other Armed Forces with
respect to network management, resourcing, policy,
and operations;
(v) the doctrine and use of the military cyber oper-
ations forces; and
(vi) the costs to the Department resulting;
(B) such other effects of the organizational model on
the operations of the Department; and
(C) the relevant authorities and policies of the Depart-
ment of Defense.
(c) SUPPORT
FROM
FEDERALLY
FUNDED
RESEARCH
AND
DEVELOPMENT CENTER.—Upon a request from the National Acad-
emies, the Secretary shall seek to enter into an agreement with
a federally funded research and development center under which
such federally funded research and development center shall sup-
port the National Academies in conducting the evaluation of alter-
native organizational models under an agreement entered into
pursuant to subsection (a).
H. R. 5009—379
(d) ACCESS TO DEPARTMENT OF DEFENSE PERSONNEL, INFORMA-
TION, AND RESOURCES.—An agreement entered into between the
Secretary of Defense and the National Academies pursuant to sub-
section (a) shall—
(1) require the Secretary to provide to the National Acad-
emies access to such personnel, information, and resources
of the Department of Defense as jointly determined necessary
by the National Academies and the Secretary for the National
Academies to conduct the evaluation of alternative organiza-
tional models under such agreement; and
(2) if the Secretary refuses to provide the access described
in paragraph (1) or any other major obstacle to such access
occurs, require the National Academies to notify the congres-
sional defense committees of such refusal or obstacle not later
than seven days after the date of such refusal or on which
the National Academies become aware of such obstacle, as
applicable.
(e) REPORT.—
(1) SUBMISSION TO CONGRESS.—An agreement entered into
between the Secretary of Defense and the National Academies
under subsection (a) shall—
(A) require the National Academies to submit to the
congressional defense committees a consensus report con-
taining the findings of the National Academies with respect
to the evaluation of alternative organizational models con-
ducted by the National Academies under an agreement
entered into pursuant to subsection (a);
(B) require the National Academies to submit such
report in an unclassified manner; and
(C) permit the National Academies to include in such
report a classified annex.
(2) PROHIBITION
AGAINST
INTERFERENCE.—No officer or
employee of the Federal Government may take or fail to take
any action, or cause any action to be taken or not be taken,
for the purpose of altering the findings of the National Acad-
emies in the report required pursuant to paragraph (1) prior
to the submission of such report pursuant to such paragraph.
(3) DEPARTMENT OF DEFENSE VIEWS ON ASSESSMENT.—Not
later than 90 days after the date on which the National Acad-
emies submits to the congressional defense committees the
report required pursuant to paragraph (1) with respect to the
evaluation of alternative organizational models conducted by
the National Academies under an agreement entered into
pursuant to subsection (a), the Secretary of Defense shall pro-
vide to the congressional defense committees a briefing on
the opinions of the Secretary with respect to such evaluation.
SEC. 1545. LIMITATION ON AVAILABILITY OF FUNDS FOR THE JOINT
CYBER WARFIGHTING ARCHITECTURE.
(a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2025 for
the Joint Cyber Warfighting Architecture, not more than 95 percent
may be obligated or expended until the date on which the Com-
mander of United States Cyber Command provides to the congres-
sional defense committees the plan required in subsection (b).
(b) PLAN.—
H. R. 5009—380
(1) IN GENERAL.—The Commander of United States Cyber
Command shall provide to the congressional defense committees
a plan to transition the Department of Defense from the Joint
Cyber Warfighting Architecture to the successor to the Joint
Cyber Warfighting Architecture.
(2) CONTENTS.—The plan required by paragraph (1) shall
include the following:
(A) Details for ceasing or minimizing continued
development on the current Joint Cyber Warfighting
Architecture components, including a timeline for stabi-
lizing the current architecture of the Joint Cyber
Warfighting Architecture within 12 to 18 months of the
date on which the Commander of United States Cyber
Command submits such plan to the congressional defense
and the resources available across the future-years defense
plan as a result of such actions.
(B) Requirements and an initial plan for a successor
to the Joint Cyber Warfighting Architecture, including
timelines, coordination with the military departments,
descriptions of proposed new capability sets, mapping of
current Joint Cyber Warfighting Architecture capabilities
to proposed new capabilities, and any additional authority
or resource required to transition to such successor beyond
those available under the rephasing of the program.
(c) JOINT CYBER WARFIGHTING ARCHITECTURE DEFINED.—In
this section, the term ‘‘Joint Cyber Warfighting Architecture’’ has
the meaning given such term under section 1509 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2886; 10 U.S.C. 167b note).
SEC. 1546. RISK FRAMEWORK FOR FOREIGN MOBILE APPLICATIONS
OF CONCERN.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer of the
Department of Defense, in coordination with the Under Secretary
of Defense for Intelligence and Security, shall submit to Congress
a report on—
(1) the feasibility and advisability of developing comprehen-
sive guidance on personal mobile devices and mobile applica-
tions for personnel of the Department of Defense;
(2) the feasibility and advisability of developing categorical
definitions of mobile applications of concern with respect to
personnel or operations of the Department of Defense;
(3) the feasibility and advisability of creating, and updating
not less than annually, a risk framework with respect to
Department personnel or operations that assesses mobile
applications or groupings thereof for potential risks to the per-
sonnel or operations of the Department, including—
(A) the collection, retention, sale, and potential misuse
of data;
(B) exposure to misinformation and disinformation;
(C) software bill of materials; and
(D) ownership, origination, authorship, or other rela-
tionship of an application with the governments of the
Russian Federation, the People’s Republic of China, the
Islamic Republic of Iran, or the Democratic People’s
Republic of Korea;
H. R. 5009—381
(4) a description of any statutory or policy restrictions
affecting ability of the Department to provide guidance to per-
sonnel of the Department regarding personal mobile devices
and applications, including any variations of such guidance
based on location, status, visibility, or work role; and
(5) such other information as the Chief Information Officer
of the Department of Defense determines appropriate.
(b) ANNUAL REPORT.—Not later than 180 days after the date
of the enactment of this Act, and annually thereafter until December
31, 2027, the Chief Information Officer of the Department of
Defense, in coordination with the Under Secretary of Defense for
Intelligence and Security, shall provide to Congress a report
describing—
(1) not fewer than 10 mobile applications or application
groupings of particular concern to the Department of Defense,
including a description of the problematic characteristics of
such applications or application groupings;
(2) the current guidance of the Department related to per-
sonal mobile devices and mobile applications and, except for
the first report submitted under this subsection, including a
description of any changes to such guidance during the period
since the previous report was submitted under this subsection;
(3) the current and planned workforce education efforts
undertaken by components of the Department that provide
best practices, guidance, requirements, or other relevant mate-
rial to personnel of the Department regarding personal mobile
device and mobile applications, and, except for the first report
submitted under this subsection, a description of any changes
in such efforts during the period since the previous report
was submitted under this subsection; and
(4) any changes to the assessments of feasibility and advis-
ability in the report required under subsection (a).
(c) UPDATE BRIEFING.—Not later than April 30, 2025, the Chief
Information Officer of the Department of the Defense, in coordina-
tion with the Under Secretary of Defense for Intelligence and Secu-
rity, shall provide to Congress a briefing on the status of the
report required under subsection (a).
(d) REPORT FORM.—The reports required under this section
shall be in an unclassified form, but may include a classified annex.
SEC. 1547. JOINT PARTNER-SHARING NETWORK CAPABILITIES FOR
MIDDLE EAST DEFENSE INTEGRATION.
(a) INITIATIVE REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
how to improve cooperation between the Department of Defense
and allies and partners of the United States located in the
Middle East to improve the use of partner-sharing network
capabilities to facilitate joint defense efforts among the United
States and such allies and partners to protect the people, infra-
structure, and territory of the United States and such allies
and partners from state and non-state actors determined by
the Secretary to undermine the national security interests of
the United States.
(2) CONTENTS.—The report submitted pursuant to para-
graph (1) shall include the following:
H. R. 5009—382
(A) A summary of ongoing efforts by United States
Central Command, or in which United States Central Com-
mand is participating, to implement a joint partner-sharing
network capability integrated with the assets of allies and
partners of the United States who are located in the Middle
East.
(B) A summary of challenges to further facilitate the
implementation of a joint partner-sharing network capa-
bility integrated with the assets of Middle Eastern allies
and partners, including actions or decisions that need to
be taken by other organizations.
(C) A recommendation of actions that can be taken
to address the challenges summarized pursuant to subpara-
graph (B).
(D) An assessment of how the implementation of a
joint partner-sharing network capability that would be
available to integrate with allies and partners of the United
States in the Middle East—
(i) could demonstrate new tools, techniques, or
methodologies for data-driven decision making;
(ii) accelerate sharing of relevant data, data visual-
ization, and data analysis implemented through cryp-
tographic data access controls and enforcing existing
data sharing restrictions across multiple security
levels; and
(iii) leverage current activities in multi-cloud com-
puting environments to reduce the reliance on solely
hardware-based networking solutions.
(E) A recommendation of actions that can be taken
to implement a joint partner-sharing network capability
integrated with allies and partners of the United States
in the Middle East, including identification of policy,
resource, workforce, or other shortfalls.
(F) Such other matters as the Secretary of Defense
considers relevant.
(3) METRICS.—The Secretary of Defense shall include in
the report required by paragraph (1) recommended metrics
for assessing progress towards improving the use of partner-
sharing network capabilities to facilitate the joint defense
efforts described in such paragraph.
(4) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(5) PROTECTION OF SENSITIVE INFORMATION.—No activity
may be carried out under this section without an approved
program protection plan and overarching classification guide
to enforce technology and information protection protocols that
protect sensitive information and the national security interests
of the United States.
(b) ASSESSMENT OF THE ESTABLISHMENT OF A COMBATANT COM-
MAND WARFIGHTER FORUM FOR ARTIFICIAL INTELLIGENCE.—
(1) ASSESSMENT.—Not later than 180 days after the date
of the enactment of this Act, the Chief Data and Artificial
Intelligence Officer of the Department of Defense shall deter-
mine the policies and procedures required to establish a forum
for warfighters in the combatant commands on artificial intel-
ligence that would help promote coordination and interchange
H. R. 5009—383
on issues relating to artificial intelligence tools, methodologies,
training, exercises, and operational research within and among
the combatant commands.
(2) PURPOSES FOR CONSIDERATION.—In developing the poli-
cies and procedures required by paragraph (1), the Chief Data
and Artificial Intelligence Officer of the Department of Defense
shall consider the following as primary purposes of the forum:
(A) Identification of use cases for the near-term applica-
tion of artificial intelligence tools, including commercially
available artificial intelligence tools, data, methodologies,
or techniques.
(B) Categorization of risk for the use cases identified
pursuant to subparagraph (A), and consideration of risk-
management process or other procedural guidelines for
enforcing current policy.
(C) Identification and prioritization of current artificial
intelligence tools or emerging technologies applicable to
the use-cases identified pursuant to subparagraph (A) that
also meet policy guidelines and standards set by the
Department.
(D) Identification of shortfalls in training or billets
for artificial intelligence-related expertise or personnel
within the combatant commands.
(E) Coordination on training and experimentation
venues, including with regional partners and allies.
(F) Identification of opportunities for enhanced coopera-
tion with regional partners and allies.
(G) Identification of opportunities for the combatant
commands, working with other elements of the Department
of Defense, such as the Defense Innovation Unit, to better
procure commercial artificial intelligence capabilities,
including from partner and allied industrial bases.
(3) REPORT.—(A) Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the assessment described in paragraph (1).
(B) The report submitted pursuant to subparagraph (A)
shall include the following:
(i) A summary of the policies and procedures needed
pursuant to paragraph (1).
(ii) A summary of the efforts described in paragraph
(1) to fulfill each of the purposes considered under para-
graph (2).
TITLE XVI—SPACE ACTIVITIES, STRA-
TEGIC
PROGRAMS,
AND
INTEL-
LIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Modification of Air Force space contractor responsibility watch list.
Sec. 1602. Establishment of Commercial Augmentation Space Reserve.
Sec. 1603. Space Force satellite ground systems.
Sec. 1604. Modification of notification of foreign interference of national security
space.
Sec. 1605. Modifications to National Security Space Launch program.
Sec. 1606. Comptroller General review regarding Global Positioning System mod-
ernization and other positioning, navigation, and timing systems.
H. R. 5009—384
Sec. 1607. Senior Advisor for Space Command, Control, and Integration.
Sec. 1608. Pilot program to demonstrate hybrid satellite communication architec-
ture.
Sec. 1609. Middle East integrated space and satellite security assessment.
Sec. 1610. Annual briefing on commercial space strategy of the Space Force.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Extension and modification of authority to engage in certain commercial
activities as security for intelligence collection activities.
Sec. 1612. Cyber intelligence capability.
Sec. 1613. Authority of Army counterintelligence agents.
Sec. 1614. Extension and modification of defense intelligence and counterintel-
ligence expense authority.
Sec. 1615. Intelligence advice and Department of Defense support for Government
of Israel in the defeat of Hamas.
Subtitle C—Nuclear Forces
Sec. 1621. Establishment of Assistant Secretary of Defense for Nuclear Deterrence,
Chemical, and Biological Defense Policy and Programs; improvements to
processes of the Office of the Secretary of Defense.
Sec. 1622. Extension and modification of certifications regarding integrated tactical
warning and attack assessment mission of the Department of the Air
Force.
Sec. 1623. Periodic updates on the modernization of the Strategic Automated Com-
mand and Control System.
Sec. 1624. Modified requirements for report on the plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery systems,
and nuclear weapons command and control system.
Sec. 1625. Matters relating to pilot program on development of reentry vehicles and
related systems.
Sec. 1626. Expansion of nuclear long range standoff capability.
Sec. 1627. Matters relating to the nuclear-armed sea-launched cruise missile.
Sec. 1628. Availability of Air Force procurement funds for heat shield material for
Mark 21A reentry vehicle.
Sec. 1629. Conditional requirements for Sentinel intercontinental ballistic missile
program.
Sec. 1630. Prohibition on reduction of intercontinental ballistic missiles of the
United States.
Sec. 1631. Limitation on use of funds for altering Air Force Global Strike Com-
mand.
Sec. 1632. Limitations on use of funds to dismantle B83–1 nuclear gravity bomb.
Sec. 1633. Limitation on availability of funds pending submission of plan for de-
creasing the time to upload additional warheads to the intercontinental
ballistic missile fleet.
Sec. 1634. Limitation on availability of funds pending submission of information on
options for enhancing National Nuclear Security Administration access
to the defense industrial base.
Sec. 1635. Defense Industrial Base workforce development strategy.
Sec. 1636. Long-term plan for strategic nuclear forces during delivery vehicle tran-
sition.
Sec. 1637. Reports and briefings on recommendations of the Congressional Com-
mission on the Strategic Posture of the United States.
Sec. 1638. Sense of Congress with respect to use of artificial intelligence to support
strategic deterrence.
Subtitle D—Missile Defense Programs
Sec. 1641. Expansion of certain prohibitions relating to missile defense information
and systems to apply to People’s Republic of China.
Sec. 1642. Additional missile defense site for protection of United States homeland.
Sec. 1643. Advice and assistance regarding enhancement of Jordanian air and mis-
sile defense.
Sec. 1644. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1645. Limitation on availability of funds with respect to certain missile de-
fense system governance documents, policies, and procedures.
Sec. 1646. Congressional notification requirement with respect to incidents that af-
fect availability of United States homeland missile defenses.
Sec. 1647. Plan for comprehensive ballistic missile defense radar coverage of Guam.
Sec. 1648. Annual briefing on missile defense of Guam.
Sec. 1649. Organization and codification of provisions of law relating to missile de-
fense.
H. R. 5009—385
Subtitle E—Other Matters
Sec. 1651. Cooperative threat reduction funds.
Sec. 1652. Temporary continuation of requirement for reports on activities and as-
sistance under Department of Defense Cooperative Threat Reduction
Program.
Sec. 1653. Modification to annual assessment of budget with respect to electro-
magnetic spectrum operations capabilities.
Sec. 1654. Modification of milestone decision authority for space-based ground and
airborne moving target indication systems.
Sec. 1655. Designation of a senior defense official responsible for establishment of
national integrated air and missile defense architecture for the United
States.
Subtitle A—Space Activities
SEC. 1601. MODIFICATION OF AIR FORCE SPACE CONTRACTOR
RESPONSIBILITY WATCH LIST.
(a) CLARIFICATION OF WATCH LIST REQUIREMENTS.—Chapter
135 of title 10, United States Code, is amended by inserting after
section 2271 the following:
‘‘§ 2271a. Space Contractor Responsibility Watch List
‘‘(a) ESTABLISHMENT.—The Assistant Secretary of the Air Force
for Space Acquisition and Integration, acting as the service acquisi-
tion executive for the Air Force for space systems and programs,
shall maintain a list of contractors with a history of poor perform-
ance on space procurement contracts.
‘‘(b) BASIS FOR INCLUSION ON WATCH LIST.—(1) The Assistant
Secretary shall place a contractor, which may consist of the entire
contracting entity or a specific division of the contracting entity,
on the watch list based on a determination made under paragraph
(2).
‘‘(2)(A) In considering whether to place a contractor on the
watch list, the Assistant Secretary shall determine whether there
is evidence of any of the following:
‘‘(i) Poor performance on one or more space procurement
contracts, or award fee scores below 50 percent.
‘‘(ii) Inadequate management, operational or financial con-
trols, or resources.
‘‘(iii) Inadequate security controls or resources, including
unremediated vulnerabilities arising from foreign ownership,
control, or influence.
‘‘(iv) Any other failure of controls or performance of a
nature so serious or compelling as to warrant placement of
the contractor on the watch list.
‘‘(B) If the Assistant Secretary determines, based on evidence
described in any of clauses (i) through (iv) of subparagraph (A),
that the ability of a contractor to responsibly perform is meaning-
fully impaired, the Assistant Secretary shall place the contractor
on the watch list.
‘‘(C) The Assistant Secretary shall establish written policies
for the consideration of contractors for placement on the watch
list, including policies that require that—
‘‘(i) contractors proposed for placement on the watch list
shall be provided with notice and an opportunity to respond;
‘‘(ii) the basis for a final determination placing a contractor
on the watch list shall be documented in writing; and
‘‘(iii) at the request of a contractor, the contractor shall
be removed from the watch list if the Assistant Secretary
H. R. 5009—386
determines that there is evidence that the issue resulting in
placement on the list has been satisfactorily remediated.
‘‘(c) EFFECT OF LISTING.—(1) The Assistant Secretary may not
solicit an offer from, award a contract to, consent to a subcontract
with, execute a grant, cooperative agreement, or other transaction
with, or exercise an option on any space procurement contract
with, an entity included on the watch list unless the Assistant
Secretary makes a written determination that there is a compelling
reason to do so.
‘‘(2) Not later than 10 days after the Assistant Secretary makes
a determination under paragraph (1), the Assistant Secretary shall
notify the congressional defense committees and the Interagency
Committee on Debarment and Suspension constituted under sec-
tions 4 and 5 of Executive Order 12549 (51 Fed. Reg. 6370; relating
to debarment and suspension) of the determination.
‘‘(d) LIMITATION ON DELEGATION.—The Assistant Secretary may
delegate the authority to make a determination under subsection
(b)(2)(B) or subsection (c)(1) only if the following criteria are met:
‘‘(1) The delegation is to the suspension and debarment
official of the Air Force.
‘‘(2) The delegation is made on a case-by-case basis.
‘‘(3) Not later than seven days after the date on which
such determination is made, the Assistant Secretary notifies
the congressional defense committees of the delegation.
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed as preventing the suspension or debarment of a con-
tractor, but inclusion on the watch list shall not be construed
as a punitive measure or de facto suspension or debarment of
a contractor.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘contract’ includes a grant, cooperative agree-
ment, or other transaction.
‘‘(2) The term ‘contractor’ means any individual or entity
that enters into a contract.
‘‘(3) The term ‘watch list’ means the watch list maintained
under subsection (a).’’.
(b) CONFORMING REPEAL.—Section 1612 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10
U.S.C. 2271 note) is repealed.
SEC. 1602. ESTABLISHMENT OF COMMERCIAL AUGMENTATION SPACE
RESERVE.
(a) IN GENERAL.—Chapter 963 of title 10, United States Code,
is amended by inserting before section 9532 the following new
section:
‘‘§ 9531. Commercial Augmentation Space Reserve.
‘‘(a) PROGRAM.—The Secretary may carry out a program to
be known as the ‘Commercial Augmentation Space Reserve’ pro-
gram. Under the program, the Secretary may include in a contract
for the procurement of space products or services one or more
provisions under which a qualified contractor agrees to provide
additional space products or services to the Department of Defense
on an as-needed basis under circumstances determined by the Sec-
retary.
‘‘(b) SECURITY MEASURES.—In carrying out the program under
subsection (a), the Secretary—
H. R. 5009—387
‘‘(1) shall ensure that each contract under, and qualified
contractor participating in, the program complies with
applicable security measures, including any security measures
required under the National Industrial Security program (or
any successor to such program); and
‘‘(2) may establish and implement such additional security
measures as the Secretary determines appropriate to protect
the national security interests of the United States.
‘‘(c) COMMITMENT OF SPACE PRODUCTS OR SERVICES AS A BUSI-
NESS FACTOR.—In determining the quantity of business to be
received under a space product or services contract pursuant to
subsection (a), the Secretary may use as a factor the relative amount
of space product or service committed to the program under sub-
section (a) by the qualified contractor involved.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘citizen of the United States’ means—
‘‘(A) an individual who is a citizen of the United States;
‘‘(B) a partnership each of whose partners is an indi-
vidual who is a citizen of the United States; or
‘‘(C) a corporation or association organized under the
laws of the United States or a State, the District of
Columbia, or a territory or possession of the United States.
‘‘(2) The term ‘qualified contractor’ means a contractor that
is a citizen of the United States.
‘‘(3) The term ‘Secretary’ means the Secretary of Defense.
‘‘(4) The term ‘space products or services’ means commercial
products and commercial services (as those terms are defined
in section 2.101 of the Federal Acquisition Regulation) and
noncommercial products and noncommercial services offered
by commercial companies that operate to, through, or from
space, including any required terrestrial ground, support, and
network systems and associated services that can be used to
support military functions and missions.’’.
(b) STUDY AND REPORT.—
(1) STUDY.—The Secretary of Defense, in coordination with
the Secretary of the Air Force, shall seek to enter into an
agreement with a federally funded research and development
center or university-affiliated research center to conduct a study
on—
(A) the availability and adequacy of commercial insur-
ance to protect the financial interests of contractors pro-
viding support services to space-related operations and
activities of the Department of Defense, taking into account
the risks that may be anticipated to arise from such sup-
port;
(B) the adequacy of any existing authorities under
Federal law that would enable the Federal Government
to protect such interests in the event commercial space
insurance is not available or not available on reasonable
terms; and
(C) potential options for Government-provided insur-
ance similar to existing aviation and maritime insurance
programs under titles 49 and 46 of the United States
Code, respectively.
(2) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
H. R. 5009—388
to the congressional defense committees a report on the results
of the study conducted under paragraph (1).
SEC. 1603. SPACE FORCE SATELLITE GROUND SYSTEMS.
(a) REQUIREMENT.—Chapter 135 of title 10, United States Code,
is amended by inserting after section 2275b the following new
section:
‘‘§ 2275c. Space Force satellite ground systems
‘‘(a) REQUIREMENT.—The Assistant Secretary of the Air Force
for Space Acquisitions and Integration, acting as the service acquisi-
tion executive for the Air Force for space systems and programs,
may not authorize a launch associated with a Space Force satellite
acquisition program unless—
‘‘(1) the associated ground systems and modifications are
completed and ready for operation at the time of the launch;
and
‘‘(2) the applicable satellite capabilities may be used on
completion of the launch.
‘‘(b) WAIVER.—(1) The Secretary of the Air Force may waive
the requirement under subsection (a) if the Secretary determines
that such waiver is necessary for reasons of national security.
‘‘(2) Not later than 10 days after making a waiver under para-
graph (1), the Secretary shall notify the congressional defense
committees of such waiver.’’.
(b) CONFORMING REPEAL.—Such chapter is further amended
by striking section 2275.
SEC. 1604. MODIFICATION OF NOTIFICATION OF FOREIGN INTER-
FERENCE OF NATIONAL SECURITY SPACE.
Section 2278 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(B) in the matter preceding subparagraph (A), as
redesignated—
(i) by inserting ‘‘critical’’ before ‘‘national security
space capability’’; and
(ii) by striking ‘‘The Commander of the United
States Space Command’’ and inserting ‘‘(1) Except as
provided by paragraph (2), the Commander of the
United States Space Command’’; and
(C) by adding at the end the following new paragraph
(2):
‘‘(2) With respect to intentional attempts by a foreign actor
to disrupt, degrade, or destroy a United States critical national
security space capability that are continuous or repetitive in nature,
the Commander shall—
‘‘(A) provide the notice and notification regarding the first
attempt by such foreign actor in accordance with paragraph
(1); and
‘‘(B) during the period in which such foreign actor continues
or repeats such attempts, provide to the appropriate congres-
sional committees a consolidated monthly notice and notifica-
tion of such attempts by not later than the tenth day of each
month following the month in which the first notice under
paragraph (1) was provided.’’; and
H. R. 5009—389
(2) by striking subsection (c) and inserting the following
new subsection:
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate congressional committees’ means
the following:
‘‘(A) The congressional defense committees.
‘‘(B) With respect to a notice or notification relating
to an attempt by a foreign actor to disrupt, degrade, or
destroy a capability that is intelligence-related, the Perma-
nent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence
of the Senate.
‘‘(2) The term ‘United States critical national security space
capability’ means a national security space capability of the
United States provided by an asset on the critical asset list
established by the Commander of the United States Space
Command pursuant to Department of Defense Directive
3020.40, Department of Defense Instruction 3020.45, Joint
Publication 3-01 of the Joint Chiefs of Staff, or such other
relevant requirements of the Department of Defense.’’.
SEC. 1605. MODIFICATIONS TO NATIONAL SECURITY SPACE LAUNCH
PROGRAM.
(a) EXTENSION OF POLICY ON CONTRACTS FOR LAUNCH SERV-
ICES.—Section 1601 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2276 note) is
amended—
(1) in subsection (b), by striking ‘‘2024’’ and inserting
‘‘2029’’; and
(2) in subsection (c), by striking ‘‘phase two contracts’’
and inserting ‘‘the National Security Space Launch program’’.
(b) NOTIFICATION OF CHANGES IN PHASE THREE ACQUISITION
STRATEGY.—Not later than seven days before implementing any
modification to the final phase three acquisition strategy under
the National Security Space Launch program, the Assistant Sec-
retary of the Air Force for Space Acquisition and Integration shall
submit to the appropriate congressional committees notice of the
proposed modification together with an explanation of the reasons
for such modification.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the congressional defense committees; and
(B) the congressional intelligence committees (as
defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
(2) The term ‘‘final phase three acquisition strategy’’ means
the acquisition strategy for phase three of the National Security
Space Launch program, as approved by the Assistant Secretary
of the Air Force for Space Acquisition and Integration on March
4, 2024.
(3) The term ‘‘phase three’’ has the meaning given that
term in section 1601(e) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 118–71; 10 U.S.C. 2276
note).
H. R. 5009—390
SEC. 1606. COMPTROLLER GENERAL REVIEW REGARDING GLOBAL
POSITIONING
SYSTEM
MODERNIZATION
AND
OTHER
POSITIONING, NAVIGATION, AND TIMING SYSTEMS.
Subsection (c) of section 1621 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129
Stat. 1109; 10 U.S.C. 2281 note) is amended to read as follows:
‘‘(c)
COMPTROLLER
GENERAL
REVIEW
AND
ASSESSMENT;
BRIEFING.—
‘‘(1) REQUIREMENTS.—The Comptroller General shall—
‘‘(A) review and assess the efforts of the Department
of the Air Force with respect to Global Positioning System
modernization and other positioning, navigation, and
timing systems; and
‘‘(B) provide to the congressional defense committees
a briefing on—
‘‘(i) the progress made by the Space Force in
fielding military code from the Global Positioning
System (commonly known as ‘M-code’);
‘‘(ii) the efforts the Department of the Air Force
has planned or made to develop complementary or
alternative solutions for M-code to obtain positioning,
navigation, and timing information through new sig-
nals, systems, and subsystems; and
‘‘(iii) the extent to which the military departments
have developed and fielded user equipment with the
ability to use M-code and complementary or alternative
solutions.
‘‘(2) TIMING.—The Comptroller General shall provide to
the congressional defense committees—
‘‘(A) not later than March 1, 2025, the briefing required
by paragraph (1)(B);
‘‘(B) a report on the matters described in that para-
graph, to be submitted on a date agreed upon at such
briefing; and
‘‘(C) any subsequent briefing on the matters described
in that paragraph, as the Comptroller General considers
appropriate.’’.
SEC. 1607. SENIOR ADVISOR FOR SPACE COMMAND, CONTROL, AND
INTEGRATION.
(a) DESIGNATION.—Not later than 30 days after the date of
the enactment of this Act, the Assistant Secretary of the Air Force
for Space Acquisition and Integration, acting as the service acquisi-
tion executive for the Air Force for space systems and programs,
shall designate from among qualified officers and employees of
the Department of Defense a Senior Advisor for Space Command,
Control, and Integration.
(b) RESPONSIBILITIES.—The Senior Advisor shall be responsible
for conducting oversight of all acquisition efforts within the
authority of the Assistant Secretary with respect to developing,
upgrading, deploying, and sustaining space command, control, and
integration to meet the space command, control, and integration
requirements of the combatant commands, including by monitoring
system-level integration of each of the following:
(1) Space domain sensors.
(2) Space catalog.
(3) Target recognition.
H. R. 5009—391
(4) Weapons system selection and control.
(5) Battle damage assessment.
(6) Associated communications among elements of the space
control and command architecture of the Department of
Defense.
(c) NOTIFICATION.—Not later than 10 days after the date on
which a designation is made under subsection (a), the Assistant
Secretary shall notify the congressional defense committees of such
designation.
(d) ANNUAL REVIEW.—Not later than June 30 of each year,
the Space Acquisition Council established by section 9021 of title
10, United States Code, shall review whether the requirements
of the United States Space Command with respect to space com-
mand, control, and integration are being fulfilled.
(e) ANNUAL BRIEFING.—At the same time as the submission
of each budget of the President under section 1105(a) of title 31,
United States Code, through fiscal year 2029, the Assistant Sec-
retary, in consultation with the Commander of the United States
Space Command, shall provide to the congressional defense commit-
tees a briefing on the status of all space command, control, and
integration activities to support the missions of the Armed Forces.
The briefing shall include—
(1) accomplishments achieved in the year prior to the
submission of the respective budget; and
(2) actions to meet the requirements of the United States
Space Command with respect to space command, control, and
integration that will be taken during the period covered by
the most recent future-years defense program submitted under
section 221 of title 10, United States Code, as of the date
of the briefing.
SEC. 1608. PILOT PROGRAM TO DEMONSTRATE HYBRID SATELLITE
COMMUNICATION ARCHITECTURE.
(a) PROGRAM REQUIRED.—Beginning in fiscal year 2025, the
Assistant Secretary of the Air Force for Space Acquisition and
Integration shall carry out a pilot program to demonstrate a hybrid
satellite communication architecture at the Space Systems Com-
mand of the Space Force.
(b) REQUIREMENTS AND CONSIDERATIONS.—In carrying out the
pilot program under subsection (a), the Assistant Secretary shall
include in the hybrid satellite communication architecture at least
one military satellite communications system, such as the Wideband
Global Satcom system or the Micro Geostationary Earth Orbit
system.
(c) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary shall provide to
the congressional defense committees a briefing that includes—
(1) a description of the hybrid satellite communication
architecture developed under the pilot program under sub-
section (a) and a summary of the results of the program as
of the date of the briefing; and
(2) a plan for supporting the transition of the hybrid sat-
ellite communication architecture efforts to a program of record
within the Space Force and the Space Systems Command.
(d) HYBRID SATELLITE COMMUNICATION ARCHITECTURE.—In this
section, the term ‘‘hybrid satellite communication architecture’’
means the network of integrated United States Government, allied
H. R. 5009—392
Government, and commercially owned and operated capabilities
both for on-orbit communication constellations and ground systems.
SEC. 1609. MIDDLE EAST INTEGRATED SPACE AND SATELLITE SECU-
RITY ASSESSMENT.
(a) ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of State, shall conduct an assessment of
space and satellite security for the purpose of identifying
mechanisms, such as improved multilateral data-sharing agree-
ments, that may be implemented to better protect ally and
partner countries in the area of responsibility of the United
States Central Command from hostile activities conducted by
adversaries against space systems of the United States or such
countries.
(2) MATTERS TO BE INCLUDED.—The assessment required
by paragraph (1) shall include the following:
(A) An assessment of the threats posed to the United
States and ally or partner countries in the area of responsi-
bility of the United States Central Command by adver-
saries, including Iran and its proxies, from conducting hos-
tile activities—
(i) against space systems of the United States or
such countries; and
(ii) using capabilities originating from the space
domain.
(B) A description of progress made in—
(i) advancing the integration of countries in the
area of responsibility of the United States Central
Command, including Israel, into existing multilateral
space and satellite security partnerships; and
(ii) establishing such partnerships with such coun-
tries.
(C) A description of efforts among ally and partner
countries in the area of responsibility of the United States
Central Command to coordinate intelligence, reconnais-
sance, and surveillance capabilities and indicators and
warnings with respect to the threats described in subpara-
graph (A), and a description of factors limiting the effective-
ness of such efforts.
(D) An assessment of current gaps in the ability of
the Department of Defense to provide space situational
awareness for allies and partners in the area of responsi-
bility of the United States Central Command.
(E) A description of multilateral space situational
awareness data-sharing agreements and an integrated
space and satellite security architecture that would improve
collective security in the area of responsibility of the United
States Central Command.
(F) A description of current and planned efforts to
engage ally and partner countries in the area of responsi-
bility of the United States Central Command in estab-
lishing such a multilateral space situational awareness
data-sharing agreement and an integrated space and sat-
ellite security architecture.
H. R. 5009—393
(G) A description of key challenges in achieving
integrated space and satellite security described in para-
graph (1) using the metrics identified in accordance with
paragraph (3).
(H)
Recommendations
for
development
and
the
implementation of an integrated space and satellite secu-
rity strategy based on such metrics.
(I) A cost estimate of establishing an integrated space
and satellite security strategy, and an assessment of the
resources that could be contributed by ally and partner
countries of the United States to establish and strengthen
such capabilities.
(J) Other matters the Secretary of Defense considers
relevant.
(3) METRICS.—The Secretary of Defense shall identify and
propose metrics to assess progress in the implementation of
the assessment required by paragraph (1).
(b) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report
on the results of the assessment conducted under subsection
(a).
(2) FORM OF REPORT.—The report required by paragraph
(1) shall be submitted in unclassified form but may include
a classified annex.
(c) PROTECTION OF SENSITIVE INFORMATION.—Any activity car-
ried out under this section shall be conducted in a manner that
appropriately protects sensitive information and the national secu-
rity interests of the United States.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1610. ANNUAL BRIEFING ON COMMERCIAL SPACE STRATEGY OF
THE SPACE FORCE.
(a) FINDINGS.—Congress finds that the strategy of the Space
Force titled ‘‘U.S. Space Force Commercial Space Strategy’’ pub-
lished in April 2024, indicates that the Space Force intends to
focus future efforts and resources on the following mission areas:
(1) Satellite communications.
(2) Space domain awareness.
(3) Space access mobility and logistics.
(4) Tactical surveillance, reconnaissance, and tracking.
(5) Space-based environmental monitoring.
(6) Cyberspace operations.
(7) Command and control.
(8) Positioning, navigation, and timing.
(b) BRIEFING REQUIRED.—
(1) IN GENERAL.—Not later than 10 days after the date
on which the budget of the President for each of fiscal years
2026 through 2029 is submitted to Congress pursuant to section
H. R. 5009—394
1105 of title 31, United States Code, the Chief of Space Oper-
ations, in coordination with the Assistant Secretary of the
Air Force for Space Acquisition and Integration, shall provide
to the congressional defense committees a briefing that includes
the information described in paragraph (2) with respect to
each mission area specified in subsection (a).
(2) ELEMENTS.—Each briefing under paragraph (1) shall
include, with respect to each mission area specified in sub-
section (a) for the fiscal year concerned, the following:
(A) Of the funds requested for the mission area, the
percentage that are expected to be used to fulfill require-
ments through the provision of commercial solutions com-
pared to the percentage that are expected to be used to
fulfill such requirements through programs of record.
(B) A description of the requirements for each mission
area and an explanation of whether and how the use of
commercial solutions has been considered for fulfilling such
requirements.
(C) A description of any training or wargaming exer-
cises that are expected to integrate commercial solutions
and include the participation of providers of such solutions.
(D) Any force designs of the Space Warfighting Anal-
ysis Center for which commercial solutions were considered
as part of a force design analysis from the previous fiscal
year.
(E) An update on the status of any efforts to integrate
commercial systems into respective Government architec-
ture.
(F) With respect to the contracts entered into to sup-
port the mission area—
(i) the number of such contracts;
(ii) the types of contracts used;
(iii) the length of time covered by such contracts;
and
(iv) the amount of funds committed under such
contracts.
(c) COMMERCIAL SOLUTIONS DEFINED.—In this section, the term
‘‘commercial solutions’’ includes commercial products, commercial
services, and providers of such products and services.
Subtitle B—Defense Intelligence and
Intelligence-Related Activities
SEC. 1611. EXTENSION AND MODIFICATION OF AUTHORITY TO ENGAGE
IN CERTAIN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES.
Section 431 of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘December 31, 2024’’ and
inserting ‘‘December 31, 2028’’; and
(2) in subsection (b), by striking paragraph (1) and inserting
the following new paragraph:
‘‘(1)(A) be pre-coordinated with the Director of the Central
Intelligence Agency using procedures mutually agreed upon
by the Secretary of Defense and the Director; and
‘‘(B) where appropriate, be supported by the Director; and’’.
H. R. 5009—395
SEC. 1612. CYBER INTELLIGENCE CAPABILITY.
(a) ESTABLISHMENT.—Chapter 21 of title 10, United States
Code, is amended by inserting after section 430c, as added by
section 921, the following new section:
‘‘§ 430d. Cyber intelligence capability
‘‘(a) REQUIREMENT.—Not later than October 1, 2026, the Sec-
retary of Defense, in consultation with the Director of National
Intelligence, shall ensure that the Department of Defense has a
dedicated cyber intelligence capability in support of the military
cyber operations requirements for the warfighting missions of the
United States Cyber Command, the other combatant commands,
the military departments, the Defense Agencies, the Joint Staff,
and the Office of the Secretary of Defense with respect to
foundational, scientific and technical, and all-source intelligence
on cyber technology development, capabilities, concepts of operation,
operations, and plans and intentions of cyber threat actors.
‘‘(b) NONDUPLICATION.—In carrying out subsection (a), the Sec-
retary may not unnecessarily duplicate intelligence activities of
the Department of Defense.
‘‘(c) RESOURCES.—(1) The Secretary shall ensure the defense
budget materials submitted for each fiscal year beginning with
fiscal year 2027 include a request for funds necessary to carry
out subsection (a).
‘‘(2) The Secretary shall carry out subsection (a) using funds
made available for the United States Cyber Command under the
Military Intelligence Program.
‘‘(3) The National Security Agency may not provide information
technology services for the dedicated cyber intelligence capability
under subsection (a) unless such services are provided under the
Military Intelligence Program or the Information Systems Security
Program.
‘‘(d) DEFENSE BUDGET MATERIALS DEFINED.—In this section,
the term ‘defense budget materials’, with respect to a fiscal year,
means the materials submitted to Congress by the Secretary of
Defense in support of the budget for that fiscal year.’’.
(b) REPORT AND BRIEFING.—
(1) REPORT.—Not later than January 1, 2026, the Secretary
of Defense shall submit to the appropriate congressional
committees a report containing an implementation plan for
ensuring the dedicated cyber intelligence capability under sec-
tion 430d of title 10, United States Code, as added by subsection
(a). The implementation plan shall include—
(A) an articulation of the requirements for such capa-
bility, including with respect to the number and type of
intelligence analysts or other personnel required to fulfill
those requirements;
(B) an assessment by the Director of Cost Assessment
and Program Evaluation with respect to the estimated
annual cost for developing and maintaining such capability,
including the initial budget requirements for such capa-
bility for fiscal year 2027; and
(C) an initial staffing plan, including the development
of specific career identifiers, a recruiting plan, and a career
progression plan.
(2) BRIEFING.—Not later than 60 days after the date on
which the Secretary submits the report under paragraph (1),
H. R. 5009—396
the Secretary shall provide to the appropriate congressional
committees a briefing on the implementation plan contained
in the report.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means the congressional defense committees and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1613. AUTHORITY OF ARMY COUNTERINTELLIGENCE AGENTS.
(a) AUTHORITY TO EXECUTE WARRANTS AND MAKE ARRESTS.—
Section 7377 of title 10, United States Code, is amended—
(1) in the section heading, by striking ‘‘Civilian’’ and all
that follows through the colon and inserting ‘‘Certain civilian
special agents:’’ ; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ before ‘‘Subsection (a) applies’’;
and
(B) by adding at the end the following new paragraph:
‘‘(2) In addition to paragraph (1), during the four-year period
beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2025, subsection (a) applies to
any employee of the Department of the Army who is a special
agent of the Army Counterintelligence Command (or a successor
to that command) whose duties include conducting, supervising,
or coordinating counterintelligence investigations in programs and
operations of the Department of the Army.’’.
(b) ANNUAL REPORT AND BRIEFING.—Not later than one year
after the date of the enactment of this Act and not less frequently
than annually thereafter through 2028, the Secretary of Defense
shall submit to the congressional defense committees and the
Committees on the Judiciary of the House of Representatives and
Senate an annual report, and shall provide to such committees
an annual briefing, on the administration of section 7377 of title
10, United States Code, as amended by subsection (a).
SEC. 1614. EXTENSION AND MODIFICATION OF DEFENSE INTEL-
LIGENCE
AND
COUNTERINTELLIGENCE
EXPENSE
AUTHORITY.
(a) CODIFICATION.—
(1) IN
GENERAL.—Section 1057 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1593) is—
(A) transferred to subchapter I of chapter 21 of title
10, United States Code;
(B) inserted after section 429 of such title; and
(C) redesignated as section 429a.
(2) SECTION HEADING TYPEFACE AND TYPESTYLE.—Section
429a of title 10, as added by paragraph (1), is amended—
(A) in the enumerator, by striking ‘‘SEC.’’ and inserting
‘‘§’’; and
(B) in the section heading—
(i) by striking the period at the end; and
(ii) by conforming the typeface and typestyle,
including capitalization, to the typeface and typestyle
as used in the section heading of section 430b of such
title.
H. R. 5009—397
(b) PERMANENT EXTENSION.—Subsection (a) of section 429a,
as added by subsection (a)(1) of this section, is amended by striking
‘‘for any of fiscal years 2020 through 2025’’.
(c) ANNUAL REPORTS.—Subsection (d) of such section 429a is
amended by striking ‘‘Not later than December 31 of each of 2020
through 2025’’ and inserting ‘‘Not later than December 31 of each
year’’.
(d) LIMITATION ON DELEGATIONS.—Subsection (e) of such section
429a is amended by striking ‘‘$100,000’’ and inserting ‘‘$200,000’’.
(e) EXCLUSIVE AUTHORITY.—
(1) IN GENERAL.—Such section 429a is amended—
(A) by redesignating subsection (f) as subsection (g);
and
(B) by inserting after subsection (e) the following new
subsection (f):
‘‘(f) NONAPPLICATION OF SECTION 127.—The authority provided
by subsection (a) shall be the exclusive authority available to the
Secretary of Defense to expend amounts made available for the
Military Intelligence Program for intelligence and counterintel-
ligence objects of a confidential, extraordinary, or emergency
nature.’’.
(2) CONFORMING AMENDMENT.—Section 127(a) of title 10,
United States Code, is amended by adding at the end the
following new sentence: ‘‘The authority to expend amounts
made available for the Military Intelligence Program for intel-
ligence and counterintelligence objects of a confidential, extraor-
dinary, or emergency nature is provided by section 429a of
this title instead of this section.’’.
SEC. 1615. INTELLIGENCE ADVICE AND DEPARTMENT OF DEFENSE
SUPPORT FOR GOVERNMENT OF ISRAEL IN THE DEFEAT
OF HAMAS.
(a) IN GENERAL.—The Secretary of Defense and the Director
of the Defense Intelligence Agency are authorized to continue, as
directed by the President of the United States, to jointly cooperate
with the Government of Israel on defense intelligence, advice, and
support, to the extent practicable and consistent with United States
objectives, to support Israel’s pursuit of the lasting defeat of Hamas.
(b) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once every
90 days thereafter, the Secretary of Defense shall provide to the
congressional defense committees, the Permanent Select Committee
on Intelligence of the House of Representatives, and the Select
Committee on Intelligence of the Senate a briefing on the intel-
ligence, advice, and support provided to assist the Government
of Israel in achieving the objectives described in subsection (a).
(c) SUNSET.—The authority under subsection (a) shall terminate
on the date that is two years after the date of the enactment
of this Act.
H. R. 5009—398
Subtitle C—Nuclear Forces
SEC. 1621. ESTABLISHMENT OF ASSISTANT SECRETARY OF DEFENSE
FOR
NUCLEAR
DETERRENCE,
CHEMICAL,
AND
BIOLOGICAL
DEFENSE
POLICY
AND
PROGRAMS;
IMPROVEMENTS TO PROCESSES OF THE OFFICE OF THE
SECRETARY OF DEFENSE.
(a) IN GENERAL.—Section 138(b)(4) of title 10, United States
Code, is amended to read as follows:
‘‘(4) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Nuclear Deterrence, Chemical, and Biological Defense
Policy and Programs. The Assistant Secretary is the principal
civilian adviser to the Secretary of Defense on nuclear deterrence
policies, operations, and associated programs within the senior
management of the Department of Defense. The principal duty
of the Assistant Secretary shall be the overall supervision of nuclear
deterrence policy, resources, and activities of the Department of
Defense.
‘‘(A) Subject to the authority, direction, and control of the
Secretary of Defense, the Assistant Secretary shall—
‘‘(i) advise and assist the Secretary of Defense, the
Deputy Secretary of Defense, the Under Secretary of
Defense for Acquisition and Sustainment, and the Under
Secretary of Defense for Policy in the development and
supervision of policy, program planning and execution, and
allocation and use of resources for the activities of the
Department of Defense on all matters relating to the
sustainment, operation, and modernization of United States
nuclear forces as defined in section 499c(d) of this title;
‘‘(ii) communicate views on issues within the responsi-
bility of the Assistant Secretary directly to the Secretary
of Defense and the Deputy Secretary of Defense without
obtaining the approval or concurrence of any other official
within the Department of Defense;
‘‘(iii) serve as the Staff Director of the Nuclear Weapons
Council established by section 179 of this title;
‘‘(iv) serve as the principal Department of Defense
civilian responsible for oversight of portfolio management
for nuclear forces established by section 499c of this title;
‘‘(v) serve as the principal interface with the Depart-
ment of Energy on issues relating to nuclear fuels;
‘‘(vi) in coordination with the Assistant Secretary of
Defense for Energy, Installations, and Environment, advise
the Secretary of Defense on nuclear energy matters; and
‘‘(vii) advise and assist the Secretary of Defense, the
Deputy Secretary of Defense, the Under Secretary of
Defense for Acquisition and Sustainment, and the Under
Secretary of Defense for Policy on all matters relating
to the defense against chemical, biological, and other
weapons of mass destruction.
‘‘(B) Unless otherwise directed by the President or statute,
no officer other than the Secretary of Defense, Deputy Secretary
of Defense, the Under Secretary of Defense for Acquisition
and Sustainment, and the Under Secretary of Defense for Policy
may intervene to exercise authority, direction, or control over
H. R. 5009—399
the Assistant Secretary in the discharge of responsibilities
specified in subparagraph (A).’’.
(b) MODIFICATION
OF
DUTIES
FOR
UNDER
SECRETARY
OF
DEFENSE FOR ACQUISITION AND SUSTAINMENT.—Section 133b(b) of
title 10, United States Code, is amended—
(1) in paragraph (5)—
(A) in subparagraph (B), by striking ‘‘; and’’ and
inserting a semicolon; and
(B) by adding after subparagraph (C), the following:
‘‘(D) chairman of the Nuclear Weapons Council estab-
lished by section 179 of this title; and
‘‘(E) co-chairman of the Council on Oversight of the
National Leadership Command, Control, and Communica-
tions System established by section 171a of this title;’’;
and
(2) by amending paragraph (6) to read as follows:
‘‘(6) overseeing—
‘‘(A) the sustainment and modernization of United
States nuclear forces, including the nuclear command, con-
trol, and communications system; and
‘‘(B) military department and Defense Agency pro-
grams to develop defenses against chemical and biological
weapons and capabilities to counter weapons of mass
destruction;’’.
(c) MODIFICATION
OF DUTIES
FOR UNDER SECRETARY
FOR
DEFENSE FOR POLICY.—Section 134(b)(2) of title 10, United States
Code, is amended—
(1) in subparagraph (D), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end, the following new subparagraph
(F):
‘‘(F) the development of strategic policy guidance for the
Department of Defense to enable the achievement of Presi-
dential objectives outlined within the nuclear weapons employ-
ment guidance of the United States, as described in section
491 of this title.’’.
(d) CONFORMING AMENDMENTS.—The following provisions of law
are amended by striking ‘‘Nuclear, Chemical, and Biological Defense
Programs’’ each place it appears and inserting ‘‘Nuclear Deterrence,
Chemical, and Biological Defense Policy and Programs’’:
(1) Section 179(c) of title 10, United States Code.
(2) Section 492b(b)(2) of such title.
(3) Section 2284(b)(3)(E) of such title.
(4) Section 1412(m) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(m)).
(5) Section 1067(a)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (50 U.S.C. 1528(a)(1)).
SEC. 1622. EXTENSION AND MODIFICATION OF CERTIFICATIONS
REGARDING
INTEGRATED
TACTICAL
WARNING
AND
ATTACK ASSESSMENT MISSION OF THE DEPARTMENT OF
THE AIR FORCE.
Section 1666 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2617) is amended—
H. R. 5009—400
(1) in subsection (a), in the matter preceding paragraph
(1)—
(A) by striking ‘‘2026’’ and inserting ‘‘2030’’; and
(B) by striking ‘‘the Commander of the United States
Strategic Command’’ and inserting ‘‘the Under Secretary
of Defense for Acquisition and Sustainment, the Com-
mander of the United States Strategic Command,’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) INABILITY TO CERTIFY.—If the Commander of the United
States Space Command does not make a certification under sub-
section (a) by March 31 of any year in which a certification is
required under such subsection, the Secretary of the Air Force
shall—
‘‘(1) not later than June 30 of that year, consolidate all
terrestrial and aerial components of the integrated tactical
warning and attack assessment system of the Department of
the Air Force that are survivable and endurable under the
major command of the Department of the Air Force commanded
by the single general officer that is responsible for all aspects
of the Department of the Air Force nuclear mission, as described
by Air Force Program Action Directive D16–01, dated August
2, 2016; and
‘‘(2) not later than April 30 of that year, submit to the
Secretary of Defense and the congressional defense committees
a report describing a plan to achieve such certification, and
the status of programs and plans to meet the requirements
of Presidential directives and Department of Defense policies
applicable to integrated tactical warning and attack assessment
systems that are survivable and endurable.’’;
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) WAIVER AUTHORITY.—The Secretary of Defense may waive
the requirement of paragraph (1) of subsection (b), if the Secretary
certifies to the congressional defense committees that—
‘‘(1) the plan described in paragraph (2) of that subsection
is sufficient to ensure that the Department of the Air Force
is able to satisfy the criteria under subsection (a);
‘‘(2) resourcing for executing such plan shall be addressed,
to the maximum extent possible, within the current fiscal year;
and
‘‘(3) any additional resources necessary to execute such
plan shall be included in future budgetary requests of the
Department of Defense.’’.
SEC. 1623. PERIODIC UPDATES ON THE MODERNIZATION OF THE STRA-
TEGIC AUTOMATED COMMAND AND CONTROL SYSTEM.
Section 1644 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 137 Stat. 598) is amended
by adding at the end the following subsection:
‘‘(c) PERIODIC UPDATES.—Beginning not later than March 1,
2025, and not later than each of March 1 and September 1 annually
thereafter, the Secretary of the Air Force shall provide to the
congressional defense committees a briefing on the progress of
the modernization effort described in subsection (a).’’.
H. R. 5009—401
SEC. 1624. MODIFIED REQUIREMENTS FOR REPORT ON THE PLAN FOR
THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS
COMPLEX, NUCLEAR WEAPONS DELIVERY SYSTEMS, AND
NUCLEAR WEAPONS COMMAND AND CONTROL SYSTEM.
Section 492a of title 10, United States Code, is amended—
(1) in the heading, by striking ‘‘Annual’’ and inserting
‘‘Biennial’’;
(2) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘the odd-numbered’’
after ‘‘for each of’’; and
(B) in paragraph (2)(G), by striking ‘‘year’’ both places
it appears and inserting ‘‘report’’; and
(3) in subsection (b)—
(A) by striking paragraphs (2) and (3);
(B) by striking ‘‘BUDGET OFFICE.—’’ and all that follows
through ‘‘Not later than July 1’’ and inserting ‘‘BUDGET
OFFICE.—Not later than July 1’’;
(C) by redesignating subparagraphs (A), (B), (C), and
(D) as paragraphs (1), (2), (3), and (4), respectively;
(D) in the matter preceding paragraph (1), as redesig-
nated by subparagraph (C) of this paragraph, by striking
‘‘covered odd-numbered fiscal year report’’ and inserting
‘‘report required under subsection (a)’’;
(E) in paragraph (1), as so redesignated, by striking
‘‘covered odd-numbered fiscal year’’; and
(F) in paragraph (2), as so redesignated, by striking
‘‘covered odd-numbered fiscal year’’.
SEC. 1625. MATTERS RELATING TO PILOT PROGRAM ON DEVELOP-
MENT OF REENTRY VEHICLES AND RELATED SYSTEMS.
Section 1645 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4421 note prec.)
is amended—
(1) in subsection (a)—
(A) by striking, ‘‘The Secretary of the Air Force’’ and
inserting, ‘‘The Secretary of the Army, the Secretary of
the Navy, and the Secretary of the Air Force, acting jointly
or separately,’’;
(B) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) expand the availability of operationally qualifiable ven-
dors within the defense industrial base;’’; and
(D) by striking, ‘‘reentry vehicles’’ each place it appears
and inserting ‘‘reentry vehicles and reentry systems’’;
(2) in subsection (b)(1)—
(A) by striking ‘‘the Secretary’’ and inserting ‘‘each
Secretary’’; and
(B) by striking ‘‘and systems’’ and inserting ‘‘and
reentry systems’’;
(3) by striking subsection (c) and inserting the following:
‘‘(c) COORDINATION.—If the Secretary of the Army, the Secretary
of the Navy, or the Secretary of the Air Force, acting jointly or
separately, carries out a pilot program under this section, such
Secretary or Secretaries shall ensure that the activities under the
H. R. 5009—402
pilot program are carried out in coordination with the Under Sec-
retary of Defense for Research and Engineering and the Director
of the Missile Defense Agency.’’;
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) SEMIANNUAL BRIEFINGS.—Not later than March 1 and Sep-
tember 1 of each year in which the Secretary of the Army, the
Secretary of the Navy, or the Secretary of the Air Force, acting
jointly or separately, carries out a pilot program under this section,
such Secretary or Secretaries shall provide to the congressional
defense committees a briefing on the activities of the pilot pro-
gram.’’.
SEC. 1626. EXPANSION OF NUCLEAR LONG RANGE STANDOFF CAPA-
BILITY.
(a) IN GENERAL.—The Secretary of the Air Force may reconvert
the B–52 bombers that had been modified to carry only conventional
weapons to conform to the Treaty between the United States of
America and the Russian Federation on Measures for the Further
Reduction and Limitation of Strategic Offensive Arms signed on
April 8, 2010, and entered into force on February 5, 2011 (commonly
known as the ‘‘New START Treaty’’), to be able to carry nuclear
weapons.
(b) CONVERSION OF B–52 BOMBERS.—If the Secretary elects
to exercise the authority under subsection (a), the Secretary shall—
(1) not later than 30 days after the expiration of the New
Start Treaty, commence the process of making available for
nuclear certification the B–52 bombers described in subsection
(a); and
(2) ensure the reconversion of B–52 bombers described
in such subsection is complete by not later than December
31, 2029.
(c) FUNDING PROFILE FOR INCREASED PRODUCTION OF THE LONG
RANGE STANDOFF WEAPON.—Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report on
the funding profile necessary, by fiscal year, to expand by one-
third the planned purchase of the Long Range Standoff Weapon.
SEC. 1627. MATTERS RELATING TO THE NUCLEAR-ARMED SEA-
LAUNCHED CRUISE MISSILE.
(a) JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2023.—Section 1642 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117–263; 136 Stat. 2945) is amended by striking ‘‘W80–4
warhead’’ each place it appears and inserting ‘‘W80–4 ALT or an
alternative warhead’’.
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2024.—Section 1640 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 595) is
amended—
(1) in subsection (a)—
(A) in paragraph (3)—
(i) by striking ‘‘nuclear weapon project for’’ and
inserting ‘‘nuclear weapon system project with’’; and
H. R. 5009—403
(ii) by inserting ‘‘(or an alternative warhead in
accordance subsection (e))’’ after ‘‘W80–4 ALT war-
head’’;
(B) in paragraph (4), by striking ‘‘W80–4 ALT’’; and
inserting ‘‘nuclear weapon system’’; and
(C) in paragraph (5), by striking ‘‘W80–4 ALT nuclear
weapon project’’ and inserting ‘‘nuclear weapon system’’;
(2) in subsection (c), by striking ‘‘W80–4 ALT project’’ and
inserting ‘‘nuclear weapon system project described in sub-
section (a)(3)’’;
(3) by redesignating subsections (e) through (g) as sub-
sections (f) through (h), respectively; and
(4) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) SELECTION OF A NUCLEAR WEAPON SYSTEM WITH AN ALTER-
NATIVE WARHEAD.—
‘‘(1) BRIEFING, CERTIFICATION, AND WAITING PERIOD.—For
purposes of subsection (a)(3), the Secretary of Defense, in
coordination with the Secretary of Energy, may carry out a
nuclear weapons system project with an alternative warhead
to the W80–4 ALT warhead, if—
‘‘(A) the Secretaries jointly provide to the congressional
defense committees a briefing that includes—
‘‘(i) a description of the alternative warhead to
be developed under the project;
‘‘(ii) an estimate and description of the balance
among the costs, schedule, and programmatic impacts
for the research, development, and production of such
alternative warhead;
‘‘(iii) an explanation of the reasons the Secretaries
intend to develop a nuclear weapon system with such
alternative warhead instead of—
‘‘(I) the W80–4 ALT warhead; or
‘‘(II) any other warhead options that may have
been considered;
‘‘(iv) a written certification from the Secretaries
that—
‘‘(I) if selected as the preferred option, the
nuclear weapon system with the alternative war-
head is expected to more favorably balance mili-
tary
effectiveness,
cost,
schedule,
and
pro-
grammatic impacts than the nuclear weapons
system with the W80–4 ALT warhead; and
‘‘(II) any funds required for such alternative
warhead will be included in the materials sub-
mitted by the Secretaries in support of the budget
of the President (as submitted to Congress pursu-
ant to section 1105 of title 31, United States Code)
until the selected warhead achieves full oper-
ational capability, as determined by the Com-
mander of United States Strategic Command; and
‘‘(B) a period of 45 days has elapsed following the
date on which such briefing was provided.
‘‘(2) FORM
OF
BRIEFING.—The briefing under paragraph
(1)(A) may be submitted in classified form.’’.
(c) ESTABLISHMENT OF PROGRAM ELEMENT.—Beginning on the
date of the submission of the budget of the President for fiscal
H. R. 5009—404
year 2026 in accordance with section 1105(a) of title 31, United
States Code, the Secretary of the Navy shall—
(1) establish a separate, dedicated program element for
the development of a nuclear-armed, sea-launched cruise mis-
sile within the budget program elements for Navy Strategic
Systems Programs; and
(2) ensure that Navy activities in support of such develop-
ment are executed within such program element.
(d) FUNDING LIMITATION.—Of the funds authorized to be appro-
priated or otherwise made available by this Act for fiscal year
2025 for operations and maintenance, Navy, and made available
to the Secretary of the Navy for the travel of persons, not more
than 90 percent may be obligated or expended until the date on
which the Secretary of the Navy submits to the congressional
defense committees a certification that the Department of the
Navy—
(1) has established and staffed a program office for the
development of a nuclear-armed, sea-launched cruise missile
required by section 1640 of the National Defense Authorization
Act for Fiscal Year 2024; and
(2) is taking the steps required to comply with the direction
promulgated by Under Secretary of Defense for Acquisition
and Sustainment memorandum titled ‘‘Nuclear-Armed, Sea-
Launched Cruise Missile Program Material Development Deci-
sion Acquisition Memorandum,’’ dated March 21, 2024.
SEC. 1628. AVAILABILITY OF AIR FORCE PROCUREMENT FUNDS FOR
HEAT SHIELD MATERIAL FOR MARK 21A REENTRY
VEHICLE.
The Secretary of the Air Force may enter into contracts for
the life-of-program procurement of heat shield material and related
processing activities for the Mark 21A reentry vehicle.
SEC. 1629. CONDITIONAL REQUIREMENTS FOR SENTINEL INTERCONTI-
NENTAL BALLISTIC MISSILE PROGRAM.
(a) IN GENERAL.—The Under Secretary of Defense for Acquisi-
tion and Sustainment shall ensure, to the maximum extent prac-
ticable that—
(1) the contract structure for the Sentinel intercontinental
ballistic missile (previously referred to as the ‘‘ground-based
strategic weapon’’) program allows for maximum Federal
Government oversight of—
(A) the Aerospace Vehicle Segment program area;
(B) the Launch Control Center program area; and
(C) the Launch Control Facility program area;
(2) such Federal Government oversight includes Federal
Government control of—
(A) preliminary and critical design reviews entrance
criteria, exit criteria; and
(B) certification of completion at the subsystem level
through total system architecture; and
(3) there are opportunities for competition throughout the
lifecycle of the Sentinel intercontinental ballistic missile pro-
gram, including competition across each of the program areas
specified in paragraph (1).
(b) REPORT.—If the Under Secretary completes a revised Mile-
stone B approval for such program, the Under Secretary shall,
not later than 60 days after the date on which the Under Secretary
H. R. 5009—405
completes such approval, submit to the congressional defense
committees a report that includes a description of how the Under
Secretary intends to satisfy the requirements of subsection (a).
(c) MILESTONE B APPROVAL DEFINED.—In this section, the term
‘‘Milestone B approval’’ has the meaning given in section 4172
of title 10, United States Code.
SEC. 1630. PROHIBITION ON REDUCTION OF INTERCONTINENTAL BAL-
LISTIC MISSILES OF THE UNITED STATES.
(a) PROHIBITION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act for fiscal
year 2025 for the Department of Defense may be obligated or
expended for the following, and the Department may not otherwise
take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the United
States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of interconti-
nental ballistic missiles.
(3) Facilitating the transition from the LGM–30G Minute-
man III intercontinental ballistic missile to the LGM–35A Sen-
tinel intercontinental ballistic missile.
SEC. 1631. LIMITATION ON USE OF FUNDS FOR ALTERING AIR FORCE
GLOBAL STRIKE COMMAND.
(a) LIMITATION.—None of the funds authorized to be appro-
priated or otherwise made available by this Act for fiscal year
2025 for the Department of the Air Force may be obligated or
expended to alter or adjust the existing composition, roles, or
responsibilities of Air Force Global Strike Command in the—
(1) development of military requirements relating to stra-
tegic deterrence; or
(2) execution of Joint Forces Air Component Command
operational and planning support for United States Strategic
Command.
(b) REPORT REQUIRED.—Not later than April 30, 2025, the
Secretary of the Air Force, in coordination with the Commander
of United States Strategic Command, shall submit to the congres-
sional defense committees a report outlining a plan for ensuring
that any future adjustments to the composition, roles, or responsibil-
ities of Air Force Global Strike Command will not adversely affect
the missions of the Air Force Global Strike Command in supporting
the operational requirements of the United States Strategic Com-
mand or activities of the Department of Defense to achieve Presi-
dential nuclear employment guidance objectives.
(c) TERMINATION.—The limitation under subsection (a) shall
terminate 90 days after the date on which the Secretary of the
Air Force submits the report required by subsection (b).
H. R. 5009—406
SEC. 1632. LIMITATIONS ON USE OF FUNDS TO DISMANTLE B83–1
NUCLEAR GRAVITY BOMB.
(a) LIMITATION ON TRAVEL EXPENSES.—Of the funds authorized
to be appropriated by this Act or otherwise made available for
fiscal year 2025 for operation and maintenance, Defense-wide, and
available for the Office of the Under Secretary of Defense for
Research and Engineering for travel expenses, not more than 80
percent may be obligated or expended until the Secretary of Defense
submits to the congressional defense committees the proposed
strategy required by paragraph (3) of subsection (b) of section
1674 of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117–263).
(b) LIMITATION ON USE TO DISMANTLE.—Except as provided
in subsection (c), none of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2025 for
the Department of Energy may be used to dismantle B83–1 nuclear
gravity bombs.
(c) EXCEPTIONS.—The limitation on the use of funds under
subsection (b) shall not apply—
(1) if the Commander of the United States Strategic Com-
mand submits to the congressional defense committees a certifi-
cation that—
(A) the use of funds described in such subsection to
dismantle B83–1 nuclear gravity bombs is in the best
interest of the United States; and
(B) there are no gaps as of the date of the submission
of such certification in the strategic deterrence posture
of the United States; or
(2) with respect to the dismantlement of B83–1 nuclear
gravity bombs for the purpose of supporting safety and surveil-
lance, sustainment, life extension or modification programs for
the B83–1 or other weapons currently in, or planned to become
part of, the nuclear weapons stockpile of the United States.
SEC. 1633. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMIS-
SION OF PLAN FOR DECREASING THE TIME TO UPLOAD
ADDITIONAL WARHEADS TO THE INTERCONTINENTAL
BALLISTIC MISSILE FLEET.
Of the funds authorized to be appropriated by this Act for
fiscal year 2025 for operation and maintenance, Air Force, and
available for the Office of the Secretary of the Air Force for the
travel of persons, not more than 80 percent may be obligated
or expended until the date on which the Secretary of the Air
Force submits the plan required by section 1650 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31; 137 Stat. 601).
SEC. 1634. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMIS-
SION OF INFORMATION ON OPTIONS FOR ENHANCING
NATIONAL NUCLEAR SECURITY ADMINISTRATION ACCESS
TO THE DEFENSE INDUSTRIAL BASE.
Of the funds authorized to be appropriated by this Act for
fiscal year 2025 for operation and maintenance, Defense-wide, and
available to the Office of the Assistant Secretary of Defense for
Industrial Base Policy for the travel of persons, not more than
90 percent may be obligated or expended until the date on which
the Assistant Secretary provides the briefing on options for
H. R. 5009—407
enhancing National Nuclear Security Administration access to the
defense industrial base required by the report of the Committee
on Armed Services of the Senate accompanying S.2226 of the 118th
Congress (Senate Report 118–58).
SEC. 1635. DEFENSE INDUSTRIAL BASE WORKFORCE DEVELOPMENT
STRATEGY.
(a) STRATEGY.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Administrator for Nuclear Security and other individuals
as the Secretary determines appropriate, shall commence the
implementation of a strategy for promoting the development of
a skilled manufacturing and high-demand vocational trade
workforce to support the expansion of the national technology and
industrial base and nuclear security enterprise.
(b) REPORT; BRIEFINGS.—
(1) REPORT.—Not later than 60 days after the development
of the strategy under subsection (a), the Secretary shall submit
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate a report that outlines the strategy
and includes a detailed description of measures to implement
the strategy, including planned schedules and progress mile-
stones.
(2) BRIEFINGS.—Beginning in 2026, and on a biennial basis
until 2032, the Assistant Secretary of Defense for Industrial
Base Policy shall provide to the Committees on Armed Services
of the House of Representatives and the Senate a briefing
on progress made in implementing the strategy under sub-
section (a).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘national technology and industrial base’’
has the meaning given that term in section 4801 of title 10,
United States Code.
(2) The term ‘‘nuclear security enterprise’’ has the meaning
given that term in section 4002 of the Atomic Energy Defense
Act (50 U.S.C. 2501).
SEC. 1636. LONG-TERM PLAN FOR STRATEGIC NUCLEAR FORCES
DURING DELIVERY VEHICLE TRANSITION.
(a) PLAN REQUIRED.—Not later than one year after the date
of the enactment of this Act and biennially thereafter through
2031, the Commander of the United States Strategic Command
shall submit to the congressional defense committees a plan for
deployed strategic nuclear warheads over the covered period, during
which changes are expected to be made to strategic delivery sys-
tems.
(b) ELEMENTS.—Each plan under subsection (a) shall include
the following:
(1) A baseline strategy for maintaining a minimum of 1,550
nuclear warheads deployed on land-based intercontinental bal-
listic missiles, submarine-launched intercontinental ballistic
missiles, and counted for deployed heavy bombers (as defined
under the New START Treaty) during the covered period.
(2) For each year of the covered period, an estimate of
the number of available strategic delivery systems, by type,
and the number of deployed warheads associated with such
systems.
H. R. 5009—408
(3) A summary of operational considerations, including,
as necessary, the identification of areas in which greater risk
is being accepted.
(4) A description of contingency plans in the event of
reduced strategic delivery system availability due to pro-
grammatic delays, aging, or other such factors.
(5) A review of the importance and impact of nuclear risk
and reduction arms control.
(6) Any other matters the Commander of the United States
Strategic Command determines appropriate for inclusion in
the plan.
(c) COORDINATION.—In preparing each plan required under this
section, the Commander of the United States Strategic Command
shall coordinate with—
(1) the Under Secretary of Defense for Acquisition and
Sustainment;
(2) the Under Secretary of Defense for Policy; and
(3) the Vice Chairman of the Joint Chiefs of Staff.
(d) DEFINITIONS.—
(1) The term ‘‘covered period’’ means the period beginning
on January 1, 2028, and ending on January 1, 2036.
(2) The term ‘‘New START Treaty’’ means the Treaty
between the United States of America and the Russian Federa-
tion on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011.
(3) The term ‘‘strategic delivery system’’ means land-based
intercontinental ballistic missiles, submarine-launched inter-
continental ballistic missiles, long range air-launched cruise
missiles, and nuclear-capable heavy bomber aircraft.
SEC. 1637. REPORTS AND BRIEFINGS ON RECOMMENDATIONS OF THE
CONGRESSIONAL COMMISSION ON THE STRATEGIC POS-
TURE OF THE UNITED STATES.
(a) STATEMENT OF POLICY.—It is the policy of the United States
that—
(1) the deterrence of strategic attacks, and in particular
nuclear attacks, against the United States and its allies is
the highest defense priority of the United States; and
(2) the Secretary of Defense and the Secretary of Energy
are provided with all necessary authorities and resources
required to ensure the maintenance of a modern, effective stra-
tegic deterrent to meet the emerging suite of unprecedented
strategic threats against the United States.
(b) IN GENERAL.—Not later than March 31 of each of years
2025 through 2030, the Secretary of Defense and the Secretary
of Energy, acting through the Chairman of the Nuclear Weapons
Council, shall provide to the congressional defense committees a
briefing on the progress of each such Secretary with respect to
implementing the recommendations made by the Congressional
Commission on the Strategic Posture of the United States estab-
lished under section 1687 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81) in the document
titled ‘‘America’s Strategic Posture: The Final Report of the Congres-
sional Commission on the Strategic Posture of the United States’’
(and dated October 2023).
H. R. 5009—409
(c) ELEMENTS.—Each briefing required by subsection (b) shall
include the following:
(1) An assessment of the extent to which the implementa-
tion of each recommendation may contribute to the deterrence
of particular threats anticipated during the period covered by
such document.
(2) A determination of whether each recommendation has
been, or will be, implemented by the Secretary of Defense
or the Secretary of Energy.
(3) For each recommendation that has been, or will be,
implemented—
(A) the plan for such implementation, or, if applicable,
a description of how such recommendation was imple-
mented;
(B) an estimate of the cost of implementation;
(C) the timeline for such implementation; and
(D) a description of any additional resources the Sec-
retary
concerned
determines
necessary
for
such
implementation.
(4) In the case of a recommendation the Secretary con-
cerned determines the relevant Department is already imple-
menting through a separate effort, the analysis and justification
of the Secretary for such determination.
(5) A description of any anticipated impacts to the Defense
Industrial Base or the Nuclear Security Enterprise required
to support a recommendation, and any projected net benefits
to the economic competitiveness of the United States.
(6) A description of the impact, if any, of implementing
a recommendation with respect to other activities of the Depart-
ment of Defense or the Department of Energy.
(7) Such other information as the Chairman of the Nuclear
Weapons Council determines relevant.
SEC. 1638. SENSE OF CONGRESS WITH RESPECT TO USE OF ARTIFICIAL
INTELLIGENCE TO SUPPORT STRATEGIC DETERRENCE.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the considered use of artificial intelligence and machine
learning tools presents opportunities to strengthen the security
of critical strategic communications and early warning net-
works, improve the efficiency of planning processes to reduce
the risk of collateral damage, and enhance U.S. capabilities
for modeling weapons functionality in support of stockpile
stewardship; and
(2) even with such applications, particular care must be
taken to ensure that the incorporation of artificial intelligence
and machine learning tools does not increase the risk that
our Nation’s most critical strategic assets can be compromised.
(b) STATEMENT OF POLICY.—It is the policy of the United States
that the use of artificial intelligence efforts should not compromise
the
integrity
of
nuclear
safeguards,
whether
through
the
functionality of weapons systems, the validation of communications
from command authorities, or the principle of requiring positive
human actions in execution of decisions by the President with
respect to the employment of nuclear weapons.
H. R. 5009—410
Subtitle D—Missile Defense Programs
SEC. 1641. EXPANSION OF CERTAIN PROHIBITIONS RELATING TO MIS-
SILE DEFENSE INFORMATION AND SYSTEMS TO APPLY
TO PEOPLE’S REPUBLIC OF CHINA.
Section 5551 of title 10, United States Code, as added by
section 1649, is amended—
(1) in subsection (a), by inserting ‘‘or the People’s Republic
of China’’ after ‘‘the Russian Federation’’;
(2) in subsection (b), by inserting ‘‘or the People’s Republic
of China’’ after ‘‘the Russian Federation’’; and
(3) in subsection (c), by inserting ‘‘or the People’s Republic
of China’’ after ‘‘the Russian Federation’’.
SEC. 1642. ADDITIONAL MISSILE DEFENSE SITE FOR PROTECTION OF
UNITED STATES HOMELAND.
(a) ESTABLISHMENT OF ADDITIONAL INTERCEPTOR SITE.—Subject
to the availability of appropriations for such purpose, not later
than December 31, 2030, the Director of the Missile Defense Agency
shall establish a fully operational third continental United States
interceptor site on the East Coast of the United States. The Director
shall establish such site at a location optimized to support the
defense of the homeland of the United States from emerging long-
range missile threats.
(b)
COORDINATION.—In
establishing
the
interceptor
site
required under subsection (a), the Director shall coordinate with
the commander of the relevant combatant command.
(c) PLAN AND UPDATES.—Concurrent with the submission of
the budget of the President to Congress pursuant to section 1105(a)
of title 31, United States Code, for each of fiscal years 2026 through
2031, the Director shall submit to the congressional defense commit-
tees—
(1) a plan for establishing the interceptor site required
under subsection (a); and
(2) an update on the progress of the Director in establishing
such site.
SEC. 1643. ADVICE AND ASSISTANCE REGARDING ENHANCEMENT OF
JORDANIAN AIR AND MISSILE DEFENSE.
(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretary of State and the Commander of the United
States Central Command, may seek to advise and assist the
Kingdom of Jordan in enhancing capabilities for countering air
and missile threats from Iran and groups linked to Iran, including
the threat from unmanned aerial systems, that threaten the United
States, Jordan, and other allies and partners of the United States.
(b) PROTECTION
OF SENSITIVE TECHNOLOGY
AND INFORMA-
TION.—The Secretary shall ensure that any advice or assistance
provided under this section appropriately protects sensitive tech-
nology and information and the national security interests of the
United States and Jordan.
(c) MIDDLE EAST INTEGRATED AIR AND MISSILE DEFENSE.—
Pursuant to section 1658 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136
Stat. 2951), the Secretary of Defense, in consultation with the
Secretary of State, shall assess the feasibility of including Jordan
in a multinational integrated air and missile defense architecture
H. R. 5009—411
to protect the people, infrastructure, and territory of Jordan from
cruise and ballistic missiles, manned and unmanned aerial systems,
and rocket attacks from Iran and groups linked to Iran.
SEC. 1644. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM.—
(1) AVAILABILITY OF FUNDS.—Of the funds authorized to
be appropriated by this Act for fiscal year 2025 for procurement,
Defense-wide, and available for the Missile Defense Agency,
not more than $110,000,000 may be provided to the Government
of Israel to procure components for the Iron Dome short-range
rocket defense system through co-production of such compo-
nents in the United States by industry of the United States.
(2) CONDITIONS.—
(A) AGREEMENT.—Funds described in paragraph (1)
for the Iron Dome short-range rocket defense program shall
be available subject to the terms and conditions in the
Agreement Between the Department of Defense of the
United States of America and the Ministry of Defense
of the State of Israel Concerning Iron Dome Defense System
Procurement, signed on March 5, 2014, as amended to
include co-production for Tamir interceptors.
(B) CERTIFICATION.—Not later than 30 days prior to
the initial obligation of funds described in paragraph (1),
the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the appropriate congressional
committees—
(i) a certification that the amended bilateral inter-
national agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to
the implementation of such agreement; and
(iii) for system improvements resulting in modified
Iron Dome components and Tamir interceptor sub-
components, a certification that the Government of
Israel has demonstrated successful completion of
Production Readiness Reviews, including the validation
of production lines, the verification of component
conformance, and the verification of performance to
specification as defined in the Iron Dome Defense
System Procurement Agreement, as further amended.
(b) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, DAVID’S
SLING WEAPON SYSTEM CO-PRODUCTION.—
(1) IN GENERAL.—Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2025 for procure-
ment, Defense-wide, and available for the Missile Defense
Agency not more than $40,000,000 may be provided to the
Government of Israel to procure the David’s Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) AGREEMENT.—Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the bilateral
co-production agreement, including—
(A) a one-for-one cash match is made by Israel or
in another matching amount that otherwise meets best
H. R. 5009—412
efforts (as mutually agreed to by the United States and
Israel); and
(B) co-production of parts, components, and all-up
rounds (if appropriate) in the United States by United
States industry for the David’s Sling Weapon System is
not less than 50 percent.
(3) CERTIFICATION AND ASSESSMENT.—The Under Secretary
of Defense for Acquisition and Sustainment shall submit to
the appropriate congressional committees—
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and Production Readiness
Reviews required by the research, development, and tech-
nology agreement and the bilateral co-production agree-
ment for the David’s Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, ARROW
3 UPPER TIER INTERCEPTOR PROGRAM CO-PRODUCTION.—
(1) IN GENERAL.—Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2025 for procure-
ment, Defense-wide, and available for the Missile Defense
Agency not more than $50,000,000 may be provided to the
Government of Israel for the Arrow 3 Upper Tier Interceptor
Program, including for co-production of parts and components
in the United States by United States industry.
(2) CERTIFICATION.—The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that—
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and Production Readiness Reviews required by
the research, development, and technology agreement for
the Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided
on the basis of a one-for-one cash match made by Israel
or in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel);
(C) the United States has entered into a bilateral inter-
national agreement with Israel that establishes, with
respect to the use of such funds—
(i) in accordance with subparagraph (D), the terms
of co-production of parts and components on the basis
of the greatest practicable co-production of parts,
components, and all-up rounds (if appropriate) by
United States industry and minimizes nonrecurring
engineering and facilitization expenses to the costs
needed for co-production;
(ii) complete transparency on the requirement of
Israel for the number of interceptors and batteries
that will be procured, including with respect to the
procurement plans, acquisition strategy, and funding
profiles of Israel;
(iii) technical milestones for co-production of parts
and components and procurement;
H. R. 5009—413
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales;
and
(D) the level of co-production described in subpara-
graph (C)(i) for the Arrow 3 Upper Tier Interceptor Pro-
gram is not less than 50 percent.
(d) NUMBER.—In carrying out paragraph (2) of subsection (b)
and paragraph (2) of subsection (c), the Under Secretary may
submit—
(1) one certification covering both the David’s Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) TIMING.—The Under Secretary shall submit to the congres-
sional defense committees the certification and assessment under
subsection (b)(3) and the certification under subsection (c)(2) not
later than 30 days before the funds specified in paragraph (1)
of subsections (b) and (c) for the respective system covered by
the certification are provided to the Government of Israel.
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives.
SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS WITH RESPECT
TO CERTAIN MISSILE DEFENSE SYSTEM GOVERNANCE
DOCUMENTS, POLICIES, AND PROCEDURES.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2025 for the Under Sec-
retary of Defense for Research and Engineering for travel, not
more than 90 percent may be obligated or expended until the
date on which such Under Secretary submits to the congressional
defense committees a certification that a notification to repeal,
replace, or supersede the Directive-type Memorandum 20–002 has
been submitted—
(1) in accordance with section 205(b) of title 10, United
States Code; and
(2) pursuant to section 1667 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31;
10 U.S.C. 205 note).
SEC. 1646. CONGRESSIONAL NOTIFICATION REQUIREMENT WITH
RESPECT TO INCIDENTS THAT AFFECT AVAILABILITY OF
UNITED STATES HOMELAND MISSILE DEFENSES.
(a) REQUIREMENT.—If the Secretary of Defense determines that
an incident has affected the availability of the ground-based mid-
course defense system, or has impeded the function of such system,
in a manner that inhibits the capability of such system to ade-
quately respond to the operational mission of such system as
required by the Commander of the United States Northern Com-
mand, the Secretary shall submit to the appropriate Members of
Congress a notification of such incident by not later than 24 hours
after the Secretary makes such determination.
H. R. 5009—414
(b) APPROPRIATE MEMBERS
OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate Members of Congress’’ means each
chair and ranking member of the congressional defense committees.
SEC. 1647. PLAN FOR COMPREHENSIVE BALLISTIC MISSILE DEFENSE
RADAR COVERAGE OF GUAM.
Not later than 90 days after the date of the enactment of
this Act, the Commander of the United States Indo-Pacific Com-
mand, in coordination with the Secretary of the Army, the Under
Secretary of Defense for Acquisition and Sustainment, and the
Director of the Missile Defense Agency, shall submit to the congres-
sional defense committees a plan, including an implementation
schedule, for—
(1) providing simultaneous radar coverage of ballistic mis-
sile threats against Guam from the People’s Republic of China
and the Democratic People’s Republic of Korea; and
(2) enabling the effective engagement of Terminal High
Altitude Area Defense interceptors against incoming ballistic
missile attacks on Guam, as required.
SEC. 1648. ANNUAL BRIEFING ON MISSILE DEFENSE OF GUAM.
(a) BRIEFINGS REQUIRED.—Concurrent with the first submission
to Congress of a budget pursuant to section 1105(a) of title 31,
United States Code, after the date of the enactment of this Act,
and with each submission of a budget to Congress pursuant to
such section until the Under Secretary of Defense for Acquisition
and Sustainment determines that the missile defense system pro-
tecting Guam achieves full operational capability, the Under Sec-
retary shall provide to the congressional defense committees a
briefing on the missile defense of Guam.
(b) ELEMENTS.—Each briefing under subsection (a) shall cover
the following:
(1) The current architecture of the missile defense system
protecting Guam as compared to the prior year.
(2) A consolidated list of funds estimated within the most
recent future-years defense program under section 221 of title
10, United States Code, for the missile defense of Guam as
compared to the prior fiscal year, including with respect to—
(A) missile defense systems;
(B) missile defense interceptors;
(C) network and communications systems;
(D) research, development, test, and evaluation;
(E) software development;
(F) military construction;
(G) operations and maintenance, including advanced
planning and infrastructure sustainment, renovation, and
maintenance funds;
(H) civilian and military personnel, including quality
of life supporting functions; and
(I) such other matters as the Under Secretary considers
appropriate.
(c) MAJOR HIGHLIGHTS.—Each briefing under subsection (a)
shall include notable highlights and changes affecting the progress
towards initial and full operational capability of the missile defense
system protecting Guam.
H. R. 5009—415
SEC. 1649. ORGANIZATION AND CODIFICATION OF PROVISIONS OF LAW
RELATING TO MISSILE DEFENSE.
(a) IN GENERAL.—Subtitle A of title 10, United States Code,
is amended by adding at the end the following new part:
‘‘PART VI—ELEMENTS OF DEPARTMENT OF
DEFENSE AND OTHER MATTERS
‘‘Subpart A—Elements
‘‘CHAPTER 551—MISSILE DEFENSE
‘‘SUBCHAPTER I—ORGANIZATION
‘‘5501. National missile defense policy.
‘‘5502. Missile defense agency.
‘‘SUBCHAPTER II—BUDGET AND ACQUISITION MATTERS
‘‘5511. Ballistic missile defense programs: program elements.
‘‘5512. Ballistic missile defense programs: display of amounts for research, develop-
ment, test, and evaluation.
‘‘5513. Unfunded priorities of the missile defense agency: annual report.
‘‘5514. Acquisition accountability on the missile defense system.
‘‘5515. Missile defense and defeat programs: major force program and budget as-
sessment.
‘‘SUBCHAPTER III—MISSILE DEFENSE CAPABILITIES
‘‘5531. Technical authority for integrated air and missile defense activities and pro-
grams.
‘‘5532. Hypersonic defense capability development.
‘‘5533. Required testing of ground-based midcourse defense element of ballistic mis-
sile defense system.
‘‘5534. Integration and interoperability of air and missile defense capabilities.
‘‘5535. Development of requirements to support integrated air and missile defense
capabilities.
‘‘5536. Testing and assessment of missile defense systems prior to production and
deployment.
‘‘5537. Limitation on Missile Defense Agency production of satellites and ground
systems associated with operation of such satellites.
‘‘SUBCHAPTER IV—MISSILE DEFENSE INFORMATION
‘‘5551. Prohibitions relating to missile defense information and systems.
‘‘5552. Biannual briefing on missile defense and related activities.
‘‘5553. Provision of information on flight testing of ground-based midcourse national
missile defense system.
‘‘SUBCHAPTER I—ORGANIZATION
‘‘§ 5501. National missile defense policy
‘‘It is the policy of the United States—
‘‘(1) to research, develop, test, procure, deploy, and sustain,
with funding subject to the annual authorization of appropria-
tions for National Missile Defense, systems that provide effec-
tive, layered missile defense capabilities to defeat increasingly
complex missile threats in all phases of flight; and
‘‘(2) to rely on nuclear deterrence to address more sophisti-
cated and larger quantity near-peer intercontinental missile
threats to the homeland of the United States.
‘‘§ 5502. Missile defense agency
‘‘(a) APPOINTMENT OF DIRECTOR.—The Director of the Missile
Defense Agency shall be a general or flag officer appointed for
a six-year term.
H. R. 5009—416
‘‘(b) DEPUTY DIRECTOR.—(1) There is a Deputy Director of the
Missile Defense Agency, who shall be appointed by the Secretary
of Defense from among the general officers on active duty in the
Army, Air Force, Marine Corps, or Space Force, or from among
the flag officers on active duty in the Navy. In selecting an indi-
vidual to serve as the Deputy Director, the Secretary of Defense
shall select an individual who serves in a different armed force
than the armed force in which the Director serves.
‘‘(2) The Deputy Director shall be appointed for a term of
not fewer than two, and not more than four years.
‘‘(3) The Deputy Director shall be under the authority, direction,
and control of the Director of the Missile Defense Agency.
‘‘(4) The Deputy Director shall—
‘‘(A) carry out such responsibilities as may be assigned
by the Director; and
‘‘(B) serve as acting director during periods of absence
by the Director, or at such times as the office of the Director
is vacant.
‘‘(c) NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION
AND REQUIREMENTS PROCESSES
AND RESPONSIBILITIES.—(1) The
Secretary of Defense may not make any changes to the missile
defense non-standard acquisition and requirements processes and
responsibilities unless, with respect to those proposed changes—
‘‘(A) the Secretary, without delegation, has taken each of
the actions specified in paragraph (2); and
‘‘(B) a period of 120 days has elapsed following the date
on which the Secretary submits the report under subparagraph
(C) of such paragraph.
‘‘(2) If the Secretary proposes to make changes to the missile
defense non-standard acquisition and requirements processes and
responsibilities, the Secretary shall—
‘‘(A) consult with the Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense
for Acquisition and Sustainment, the Under Secretary of
Defense for Policy, the Secretaries of the military departments,
the Chairman of the Joint Chiefs of Staff, the Commander
of the United States Strategic Command, the Commander of
the United States Northern Command, and the Director of
the Missile Defense Agency, regarding the changes;
‘‘(B) certify to the congressional defense committees that
the Secretary has coordinated the changes with, and received
the views of, the individuals referred to in subparagraph (A);
‘‘(C) submit to the congressional defense committees a
report that contains—
‘‘(i) a description of the changes, the rationale for the
changes, and the views of the individuals referred to in
subparagraph (A) with respect to the changes;
‘‘(ii) a certification that the changes will not impair
the missile defense capabilities of the United States nor
degrade the unique special acquisition authorities of the
Missile Defense Agency; and
‘‘(iii) with respect to any such changes to Department
of Defense Directive 5134.09, or successor directive issued
in accordance with this subsection, a final draft of the
proposed modified directive, both in an electronic format
and in a hard copy format; and
H. R. 5009—417
‘‘(D) with respect to any such changes to Department of
Defense Directive 5134.09, or successor directive issued in
accordance with this subsection, provide to such committees
a briefing on the proposed modified directive described in
subparagraph (C)(iii).
‘‘(3) In this subsection, the term ‘non-standard acquisition and
requirements processes and responsibilities’ means the processes
and responsibilities described in—
‘‘(A) the memorandum of the Secretary of Defense titled
‘Missile Defense Program Direction’ signed on January 2, 2002,
as in effect on the date of the enactment of this subsection
or as modified in accordance with this subsection, or any suc-
cessor memorandum issued in accordance with this subsection;
‘‘(B) Department of Defense Directive 5134.09, as in effect
on the date of the enactment of this subsection (without regard
to any modifications described in Directive-type Memorandum
20–002 of the Deputy Secretary of Defense, or any amendments
or extensions thereto made before the date of such enactment),
or as modified in accordance with this subsection, or any suc-
cessor directive issued in accordance with this subsection; and
‘‘(C) United States Strategic Command Instruction 538–
3 titled ‘MD Warfighter Involvement Process’, as in effect on
the date of the enactment of this subsection or as modified
in accordance with this subsection, or any successor instruction
issued in accordance with this subsection.
‘‘SUBCHAPTER II—BUDGET AND ACQUISITION MATTERS
‘‘§ 5511. Ballistic missile defense programs: program elements
‘‘(a) PROGRAM ELEMENTS SPECIFIED
BY PRESIDENT.—In the
budget justification materials submitted to Congress in support
of the Department of Defense budget for any fiscal year (as sub-
mitted with the budget of the President under section 1105(a)
of title 31), the amount requested for activities of the Missile
Defense Agency shall be set forth in accordance with such program
elements as the President may specify.
‘‘(b) SEPARATE PROGRAM ELEMENTS FOR PROGRAMS ENTERING
ENGINEERING AND MANUFACTURING DEVELOPMENT.—(1) The Sec-
retary of Defense shall ensure that each ballistic missile defense
program that enters engineering and manufacturing development
is assigned a separate, dedicated program element.
‘‘(2) In this subsection, the term ‘engineering and manufacturing
development’ means the period in the course of an acquisition
program during which the primary objectives are to—
‘‘(A) translate the most promising design approach into
a stable, interoperable, producible, supportable, and cost-effec-
tive design;
‘‘(B) validate the manufacturing or production process; and
‘‘(C) demonstrate system capabilities through testing.
‘‘(c) MANAGEMENT AND SUPPORT.—The amount requested for
a fiscal year for any program element specified for that fiscal
year pursuant to subsection (a) shall include requests for the
amounts necessary for the management and support of the pro-
grams, projects, and activities contained in that program element.
H. R. 5009—418
‘‘§ 5512. Ballistic missile defense programs: display of
amounts for research, development, test, and
evaluation
‘‘(a) REQUIREMENT.—Any amount in the budget submitted to
Congress under section 1105 of title 31 for any fiscal year for
research, development, test, and evaluation for the integration of
a ballistic missile defense element into the overall ballistic missile
defense architecture shall be set forth under the account of the
Department of Defense for Defense-wide research, development,
test, and evaluation and, within that account, under the subaccount
(or other budget activity level) for the Missile Defense Agency.
‘‘(b) TRANSFER CRITERIA.—(1) The Secretary of Defense shall
establish criteria for the transfer of responsibility for a ballistic
missile defense program from the Director of the Missile Defense
Agency to the Secretary of a military department. The criteria
established for such a transfer shall, at a minimum, address the
following:
‘‘(A) The technical maturity of the program.
‘‘(B) The availability of facilities for production.
‘‘(C) The commitment of the Secretary of the military
department concerned to procurement funding for that program,
as shown by funding through the future-years defense program
and other defense planning documents.
‘‘(2) The Secretary shall submit the criteria established, and
any modifications to those criteria, to the congressional defense
committees.
‘‘(c) NOTIFICATION OF TRANSFER.—Before responsibility for a
ballistic missile defense program is transferred from the Director
of the Missile Defense Agency to the Secretary of a military depart-
ment, the Secretary of Defense shall submit to the congressional
defense committees notice in writing of the Secretary’s intent to
make that transfer. The Secretary shall include with such notice
a certification that the program has met the criteria established
under subsection (b) for such a transfer. The transfer may then
be carried out after the end of the 60-day period beginning on
the date of such notice.
‘‘(d) CONFORMING BUDGET AND PLANNING TRANSFERS.—When
a ballistic missile defense program is transferred from the Missile
Defense Agency to the Secretary of a military department in accord-
ance with this section, the Secretary of Defense shall ensure that
all appropriate conforming changes are made to proposed or pro-
jected funding allocations in the future-years defense program under
section 221 of this title and other Department of Defense program,
budget, and planning documents.
‘‘(e) FOLLOW-ON RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION.—The Secretary of Defense shall ensure that, before a ballistic
missile defense program is transferred from the Director of the
Missile Defense Agency to the Secretary of a military department,
roles and responsibilities for research, development, test, and
evaluation related to system improvements for that program are
clearly delineated.
‘‘§ 5513. Unfunded priorities of the missile defense agency:
annual report
‘‘(a) REPORTS.—Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105 of title 31, the Director of the Missile
H. R. 5009—419
Defense Agency shall submit to the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, and to the congressional
defense committees, a report on the unfunded priorities of the
Missile Defense Agency.
‘‘(b) ELEMENTS.—
‘‘(1) IN GENERAL.—Each report under subsection (a) shall
specify, for each unfunded priority covered by such report,
the following:
‘‘(A) A summary description of such priority, including
the objectives to be achieved if such priority is funded
(whether in whole or in part).
‘‘(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
‘‘(C) Account information with respect to such priority,
including the following (as applicable):
‘‘(i) Line Item Number (LIN) for applicable procure-
ment accounts.
‘‘(ii) Program Element (PE) number for applicable
research, development, test, and evaluation accounts.
‘‘(iii) Sub-activity group (SAG) for applicable oper-
ation and maintenance accounts.
‘‘(2) PRIORITIZATION OF PRIORITIES.—Each report under sub-
section (a) shall present the unfunded priorities covered by
such report in order of urgency of priority.
‘‘(c) UNFUNDED PRIORITY DEFINED.—In this section, the term
‘unfunded priority’, in the case of a fiscal year, means a program,
activity, or mission requirement of the Missile Defense Agency
that—
‘‘(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31, United States Code;
‘‘(2) is necessary to fulfill a requirement associated with
an operational or contingency plan of a combatant command
or other validated requirement; and
‘‘(3) would have been recommended for funding through
the budget referred to in paragraph (1) by the Director of
the Missile Defense Agency in connection with the budget if
additional resources had been available for the budget to fund
the program, activity, or mission requirement.
‘‘§ 5514. Acquisition accountability on the missile defense
system
‘‘(a) BASELINES REQUIRED.—(1) In accordance with paragraph
(2), the Director of the Missile Defense Agency shall establish
and maintain an acquisition baseline for—
‘‘(A) each program element of the missile defense system,
as specified in section 223 of this title; and
‘‘(B) each designated major subprogram of such program
elements.
‘‘(2) The Director shall establish an acquisition baseline
required by paragraph (1) before the date on which the program
element or major subprogram enters—
‘‘(A) engineering and manufacturing development (or its
equivalent); and
‘‘(B) production and deployment.
H. R. 5009—420
‘‘(3) Except as provided by subsection (c), the Director may
not adjust or revise an acquisition baseline established under this
section.
‘‘(b) ELEMENTS
OF
BASELINES.—Each acquisition baseline
required by subsection (a) for a program element or major subpro-
gram shall include the following:
‘‘(1) A comprehensive schedule, including—
‘‘(A) research and development milestones;
‘‘(B) acquisition milestones, including design reviews
and key decision points;
‘‘(C) key test events, including ground, flight, and
cybersecurity tests and ballistic missile defense system
tests;
‘‘(D) delivery and fielding schedules;
‘‘(E) quantities of assets planned for acquisition and
delivery in total and by fiscal year; and
‘‘(F) planned contract award dates.
‘‘(2) A detailed technical description of—
‘‘(A) the capability to be developed, including hardware
and software;
‘‘(B) system requirements, including performance
requirements;
‘‘(C) how the proposed capability satisfies a capability
requirement or performance attribute identified through—
‘‘(i) the missile defense warfighter involvement
process, as governed by United States Strategic Com-
mand Instruction 538–03, or such successor document;
or
‘‘(ii) processes and products approved by the Joint
Chiefs of Staff or Joint Requirements Oversight
Council;
‘‘(D) key knowledge points that must be achieved to
permit continuation of the program and to inform produc-
tion and deployment decisions; and
‘‘(E) how the Director plans to improve the capability
over time.
‘‘(3) A cost estimate, including—
‘‘(A) a life-cycle cost estimate that separately identifies
the costs regarding research and development, procure-
ment, military construction, operations and sustainment,
and disposal;
‘‘(B) program acquisition unit costs for the program
element;
‘‘(C) average procurement unit costs and program
acquisition costs for the program element;
‘‘(D) an identification of when the document regarding
the program joint cost analysis requirements description
is scheduled to be approved; and
‘‘(E) an explanation for why a program joint cost anal-
ysis requirements description has not been prepared and
approved, and, if a program joint cost analysis require-
ments description is not applicable, the rationale for such
inapplicability.
‘‘(4) A test baseline summarizing the comprehensive test
program for the program element or major subprogram outlined
in the integrated master test plan.
H. R. 5009—421
‘‘(c) EXCEPTION TO LIMITATION ON REVISION.—The Director may
adjust or revise an acquisition baseline established under this sec-
tion if the Director submits to the congressional defense committees
notification of—
‘‘(1) a justification for such adjustment or revision;
‘‘(2) the specific adjustments or revisions made to the
acquisition baseline, including to the elements described in
subsection (b); and
‘‘(3) the effective date of the adjusted or revised acquisition
baseline.
‘‘(d) OPERATIONS
AND SUSTAINMENT COST ESTIMATES.—The
Director shall ensure that each life-cycle cost estimate included
in an acquisition baseline pursuant to subsection (b)(3)(A)
includes—
‘‘(1) all of the operations and sustainment costs for which
the Director is responsible;
‘‘(2) a description of the operations and sustainment func-
tions and costs for which a military department is responsible;
‘‘(3) the amount of operations and sustainment costs (dollar
value and base year) for which the military department or
other element of the Department of Defense is responsible;
and
‘‘(4)(A) a citation to the source (such as a joint cost estimate
or one or more military department estimates) that captures
the operations and sustainment costs for which a military
department or other element of the Department of Defense
is responsible;
‘‘(B) the date the source was prepared; and
‘‘(C) if and when the source was independently verified
by the Office for Cost Assessment and Program Evaluation.
‘‘§ 5515. Missile defense and defeat programs: major force
program and budget assessment
‘‘(a) ESTABLISHMENT
OF MAJOR FORCE PROGRAM.—The Sec-
retary of Defense shall establish a unified major force program
for missile defense and defeat programs pursuant to section 222(b)
of this title to prioritize missile defense and defeat programs in
accordance with the requirements of the Department of Defense
and national security.
‘‘(b) BUDGET ASSESSMENT.—(1) The Secretary shall include with
the defense budget materials for each of fiscal years 2019 through
2030 a report on the budget for missile defense and defeat programs
of the Department of Defense.
‘‘(2) Each report on the budget for missile defense and defeat
programs of the Department under paragraph (1) shall include
the following:
‘‘(A) An overview of the budget, including—
‘‘(i) a comparison between that budget, the previous
budget, the most recent and prior future-years defense
program submitted to Congress under section 221 of this
title (such comparison shall exclude the responsibility for
research and development of the continuing improvement
of such missile defense and defeat program), and the
amounts appropriated for such missile defense and defeat
programs during the previous fiscal year; and
‘‘(ii) the specific identification, as a budgetary line item,
for the funding under such programs.
H. R. 5009—422
‘‘(B) An assessment of the budget, including significant
changes, priorities, challenges, and risks.
‘‘(C) Any additional matters the Secretary determines
appropriate.
‘‘(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘budget’, with respect to a fiscal year, means
the budget for that fiscal year that is submitted to Congress
by the President under section 1105(a) of title 31.
‘‘(2) The term ‘defense budget materials’, with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.
‘‘(3) The term ‘missile defense and defeat programs’ means
active and passive ballistic missile defense programs, cruise
missile defense programs for the homeland, and missile defeat
programs.
‘‘SUBCHAPTER III—MISSILE DEFENSE CAPABILITIES
‘‘§ 5531. Technical authority for integrated air and missile
defense activities and programs
‘‘(a) IN GENERAL.—The Director of the Missile Defense Agency
is the technical authority of the Department of Defense for
integrated air and missile defense activities and programs, including
joint engineering and integration efforts for such activities and
programs, including with respect to defining and controlling the
interfaces of such activities and programs and the allocation of
technical requirements for such activities and programs.
‘‘(b) DETAILEES.—(1) In carrying out the technical authority
under paragraph (1), the Director may seek to have staff detailed
to the Missile Defense Agency from the Joint Functional Component
Command for Integrated Missile Defense and the Joint Integrated
Air and Missile Defense Organization in a number the Director
determines necessary in accordance with subparagraph (B).
‘‘(2) In detailing staff under subparagraph (A) to carry out
the technical authority under paragraph (1), the total number of
staff, including detailees, of the Missile Defense Agency who carry
out such authority may not exceed the number that is twice the
number of such staff carrying out such authority as of January
1, 2016.
‘‘§ 5532. Hypersonic defense capability development
‘‘(a) EXECUTIVE AGENT.—The Director of the Missile Defense
Agency shall serve as the executive agent for the Department
of Defense for the development of a capability by the United States
to counter hypersonic boost-glide vehicle capabilities and conven-
tional prompt strike capabilities that may be employed against
the United States, the allies of the United States, and the deployed
forces of the United States.
‘‘(b) DUTIES.—In carrying out subsection (a), the Director
shall—
‘‘(1) develop architectures for a hypersonic defense capa-
bility, from detecting threats to intercepting such threats,
that—
H. R. 5009—423
‘‘(A) involves systems of the military departments and
the Defense Agencies; and
‘‘(B) includes both kinetic and nonkinetic options for
such interception; and
‘‘(2) not later than September 30, 2017, establish a program
of record to develop a hypersonic defense capability.
‘‘§ 5533. Required testing of ground-based midcourse defense
element of ballistic missile defense system
‘‘(a) TESTING REQUIRED.—Except as provided in subsection (c),
not less frequently than once each fiscal year, the Director of
the Missile Defense Agency shall administer a flight test of the
ground-based midcourse defense element of the ballistic missile
defense system. Beginning not later than five years after the date
on which the next generation interceptor achieves initial operational
capability, the Director shall ensure that such flight tests include
the next generation interceptor.
‘‘(b) REQUIREMENTS.—The Director shall ensure that each test
carried out under subsection (a) provides for one or more of the
following:
‘‘(1) The validation of technical improvements made to
increase system performance and reliability.
‘‘(2) The evaluation of the operational effectiveness of the
ground-based midcourse defense element of the ballistic missile
defense system.
‘‘(3) The use of threat-representative targets and critical
engagement conditions, including the use of threat-representa-
tive countermeasures.
‘‘(4) The evaluation of new configurations of interceptors
before they are fielded.
‘‘(5) The satisfaction of the ‘fly before buy’ acquisition
approach for new interceptor components or software.
‘‘(6) The evaluation of the interoperability of the ground-
based midcourse defense element with other elements of the
ballistic missile defense systems.
‘‘(c) EXCEPTIONS.—The Director may forgo a test under sub-
section (a) in a fiscal year under one or more of the following
conditions:
‘‘(1) Such a test would jeopardize national security.
‘‘(2) Insufficient time considerations between post-test anal-
ysis and subsequent pre-test design.
‘‘(3) Insufficient funding.
‘‘(4) An interceptor is unavailable.
‘‘(5) A target is unavailable or is insufficiently representa-
tive of threats.
‘‘(6) The test range or necessary test assets are unavailable.
‘‘(7) Inclement weather.
‘‘(8) Any other condition the Director considers appropriate.
‘‘(d) CERTIFICATION.—Not later than 45 days after forgoing a
test for a condition or conditions under subsection (c)(8), the Under
Secretary of Defense for Research and Engineering shall submit
to the congressional defense committees a certification setting forth
the condition or conditions that caused the test to be forgone under
such subsection.
‘‘(e) REPORT.—Not later than 45 days after forgoing a test
for any condition specified in subsection (c), the Director shall
submit to the congressional defense committees a report setting
H. R. 5009—424
forth the rationale for forgoing the test and a plan to restore
an intercept flight test in the Integrated Master Test Plan of the
Missile Defense Agency. In the case of a test forgone for a condition
or conditions under subsection (c)(8), the report required by this
subsection is in addition to the certification required by subsection
(d).
‘‘§ 5534. Integration and interoperability of air and missile
defense capabilities
‘‘(a) INTEROPERABILITY
OF MISSILE DEFENSE SYSTEMS.—The
Vice Chairman of the Joint Chiefs of Staff and the chairman of
the Missile Defense Executive Board (pursuant to section 1681(c)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115–232), acting through the Missile
Defense Executive Board, shall ensure the interoperability and
integration of the covered air and missile defense capabilities of
the United States, including by carrying out operational testing.
‘‘(b) ANNUAL DEMONSTRATION.—(1) Except as provided by para-
graph (2), the Director of the Missile Defense Agency and the
Secretary of the Army shall jointly ensure that not less than one
intercept or flight test is carried out each year that demonstrates
interoperability and integration among the covered air and missile
defense capabilities of the United States.
‘‘(2) The Director and the Secretary may waive the requirement
in paragraph (1) with respect to an intercept or flight test carried
out during the year covered by the waiver if the chairman of
the Missile Defense Executive Board—
‘‘(A) determines that such waiver is necessary for such
year; and
‘‘(B) submits to the congressional defense committees
notification of such waiver, including an explanation for how
such waiver will not negatively affect demonstrating the inter-
operability and integration among the covered air and missile
defense capabilities of the United States.
‘‘(c) DEFINITION
OF
COVERED
AIR
AND
MISSILE
DEFENSE
CAPABILITIES.—In this section, the term ‘covered air and missile
defense capabilities’ means Patriot air and missile defense batteries
and associated interceptors and systems, Aegis ships and associated
ballistic missile interceptors (including Aegis Ashore capability),
AN/TPY–2 radars, or terminal high altitude area defense batteries
and interceptors.
‘‘§ 5535. Development of requirements to support integrated
air and missile defense capabilities
‘‘(a) IN GENERAL.—Consistent with the memorandum of the
Chairman of the Joint Chiefs of Staff of January 27, 2014, regarding
joint integrated air and missile defense, the Vice Chairman of
the Joint Chiefs of Staff shall oversee the development of warfighter
requirements for persistent and survivable capabilities to detect,
identify, determine the status, track, and support engagement of
strategically important mobile or relocatable assets in all phases
of conflict in order to achieve the objective of preventing the effective
employment of such assets, including through offensive actions
against such assets prior to their use.
‘‘(b) PURPOSE OF REQUIREMENTS.—The requirements developed
pursuant to subsection (a) shall be used and updated, as appro-
priate, for the purpose of informing applicable acquisition programs
H. R. 5009—425
and systems-of-systems architecture planning that are funded
through the Military Intelligence Program, the National Intelligence
Program, and non-intelligence programs.
‘‘(c) SUPPORTING ACTIVITIES.—The Vice Chairman shall also
oversee the development of the enabling framework for intelligence
support for integrated air and missile defense, including concepts
for the integrated operation of multiple systems, and, as appro-
priate, the development of requirements for capabilities to be
acquired to achieve such integrated operations.
‘‘§ 5536. Testing and assessment of missile defense systems
prior to production and deployment
‘‘(a) SUCCESSFUL TESTING REQUIRED PRIOR TO FINAL PRODUC-
TION OR OPERATIONAL DEPLOYMENT.—The Secretary of Defense may
not make a final production decision for, or operationally deploy,
a covered system unless—
‘‘(1) the Secretary ensures that—
‘‘(A) sufficient and operationally realistic testing of the
covered system is conducted to assess the performance
of the covered system in order to inform a final production
decision or an operational deployment decision; and
‘‘(B) the results of such testing have demonstrated
a high probability that the covered system—
‘‘(i) will work in an operationally effective manner;
and
‘‘(ii) has the ability to accomplish the intended
mission of the covered system; and
‘‘(2) the Director of Operational Test and Evaluation has
carried out subsection (b) with respect to such covered system.
‘‘(b) ASSESSMENT
BY DIRECTOR
OF OPERATIONAL TEST
AND
EVALUATION.—The Director of Operational Test and Evaluation
shall—
‘‘(1) provide to the Secretary the assessment of the Director,
based on the available test data, of the sufficiency, adequacy,
and results of the testing of each covered system, including
an assessment of whether the covered system will be sufficiently
effective, suitable, and survivable when needed; and
‘‘(2) submit to the congressional defense committees a writ-
ten summary of such assessment.
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in this section shall
be construed to alter, modify, or otherwise affect a determination
of the Secretary with respect to the participation of the Missile
Defense Agency in the Joint Capabilities Integration Development
System or the acquisition reporting process under the Department
of Defense Directive 5000 series, or to diminish the authority of
the Secretary of Defense to deploy a missile defense system at
the date on which the Secretary determines appropriate.
‘‘(d) COVERED SYSTEM.—In this section, the term ‘covered
system’ means a new or substantially upgraded interceptor or
weapon system of the ballistic missile defense system.
‘‘§ 5537. Limitation on Missile Defense Agency production
of satellites and ground systems associated with
operation of such satellites
‘‘(a) PRODUCTION OF SATELLITES AND GROUND SYSTEMS.—The
Director of the Missile Defense Agency may not authorize or obligate
H. R. 5009—426
funding for a program of record for the production of satellites
or ground systems associated with the operation of such satellites.
‘‘(b) PROTOTYPE SATELLITES.—(1) The Director, with the concur-
rence of the Space Acquisition Council established by section 9021
of this title, may authorize the production of one or more prototype
satellites, consistent with the requirements of the Missile Defense
Agency.
‘‘(2) Not later than 30 days after the date on which the Space
Acquisition Council concurs with the Director with respect to
authorizing the production of a prototype satellite under paragraph
(1), the chair of the Council shall submit to the congressional
defense committees a report explaining the reasons for such concur-
rence.
‘‘(3) The Director may not obligate funds for the production
of a prototype satellite under paragraph (1) before the date on
which the Space Acquisition Council submits the report for such
prototype satellite under paragraph (2).
‘‘SUBCHAPTER IV—MISSILE DEFENSE INFORMATION
‘‘§ 5551. Prohibitions relating to missile defense information
and systems
‘‘(a) CERTAIN
‘HIT-TO-KILL’ TECHNOLOGY
AND
TELEMETRY
DATA.—None of the funds authorized to be appropriated or other-
wise made available for any fiscal year for the Department of
Defense may be used to provide the Russian Federation with ‘hit-
to-kill’ technology and telemetry data for missile defense intercep-
tors or target vehicles.
‘‘(b) OTHER SENSITIVE MISSILE DEFENSE INFORMATION.—None
of the funds authorized to be appropriated or otherwise made avail-
able for any fiscal year for the Department of Defense may be
used to provide the Russian Federation with—
‘‘(1) information relating to velocity at burnout of missile
defense interceptors or targets of the United States; or
‘‘(2) classified or otherwise controlled missile defense
information.
‘‘(c) EXCEPTION.—The prohibitions in subsections (a) and (b)
shall not apply to the United States providing to the Russian
Federation information regarding ballistic missile early warning.
‘‘(d) INTEGRATION.—None of the funds authorized to be appro-
priated or otherwise made available for any fiscal year for the
Department of Defense may be obligated or expended to integrate
a missile defense system of the Russian Federation or a missile
defense system of the People’s Republic of China into any missile
defense system of the United States.
‘‘§ 5552. Biannual briefing on missile defense and related
activities
‘‘(a) IN GENERAL.—On or about June 1 and December 1 of
each year, the officials specified in subsection (b) shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on matters relating to missile defense
policies, operations, technology development, and other similar
topics as requested by such committees.
‘‘(b) OFFICIALS SPECIFIED.—The officials specified in this sub-
section are the following:
‘‘(1) The Assistant Secretary of Defense for Acquisition.
H. R. 5009—427
‘‘(2) The Assistant Secretary of Defense for Space Policy.
‘‘(3) The Director of the Missile Defense Agency.
‘‘(4) The Director for Strategy, Plans, and Policy of the
Joint Staff.
‘‘(c) DELEGATION.—An official specified in subsection (b) may
delegate the authority to provide a briefing required by subsection
(a) to a member of the Senior Executive Service who reports to
the official.
‘‘(d) TERMINATION.—The requirement to provide a briefing
under subsection (a) shall terminate on January 1, 2028.
‘‘§ 5553. Provision of information on flight testing of ground-
based midcourse national missile defense system
‘‘(a) INFORMATION
TO
BE
FURNISHED
TO
CONGRESSIONAL
COMMITTEES.—The Director of the Missile Defense Agency shall
provide to the congressional defense committees information on
the results of each flight test of the ground-based midcourse national
missile defense system.
‘‘(b) CONTENT.—Information provided under subsection (a) on
the results of a flight test shall include the following matters:
‘‘(1) A thorough discussion of the content and objectives
of the test.
‘‘(2) For each such test objective, a statement regarding
whether or not the objective was achieved.
‘‘(3) For any such test objective not achieved—
‘‘(A) a thorough discussion describing the reasons that
the objective was not achieved; and
‘‘(B) a discussion of any plans for future tests to achieve
that objective.’’.
(b) CONFORMING REPEALS.—The following provisions of law are
repealed:
(1) Sections 130h, 205, 222b, 223, 224, 225, 239a, 487
of title 10, United States Code.
(2) Subsection (a) of section 1662 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
10 U.S.C. 4022 note).
(3) Subsection (a) of section 1681 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328;
10 U.S.C. 4205 note).
(4) Subsection (a) of section 1686 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328;
10 U.S.C. 4205 note).
(5) Section 1687 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4205
note).
(6) Section 1689 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4205
note).
(7) Section 1675 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4205
note).
(8) Section 1687 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4205
note).
(9) Section 1662 of the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291; 10 U.S.C. 4205 note).
H. R. 5009—428
(10) Section 224 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314;
10 U.S.C. 4205 note).
(c) FURTHER REPEALS.—The following provisions of law are
repealed:
(1) Subsection (a) of section 1668 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91;
10 U.S.C. 4205 note).
(2) Subsection (a) of section 1680 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 4205 note).
(3) Section 1681 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4205
note).
(4) Section 223 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111–383;
10 U.S.C. 4205 note).
(5) Section 223 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
10 U.S.C. 4205 note).
Subtitle E—Other Matters
SEC. 1651. COOPERATIVE THREAT REDUCTION FUNDS.
(a) FUNDING ALLOCATION.—Of the $350,116,000 authorized to
be appropriated to the Department of Defense for fiscal year 2025
in section 301 and made available by the funding table in division
D for the Department of Defense Cooperative Threat Reduction
Program established under section 1321 of the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the
following amounts may be obligated for the purposes specified:
(1) For delivery system threat reduction, $7,036,000.
(2) For chemical security and elimination, $20,717,000.
(3) For global nuclear security, $33,665,000.
(4) For biological threat reduction, $209,858,000.
(5) For proliferation prevention, $45,610,000.
(6) For activities designated as Other Assessments/
Administration Costs, $33,230,000.
(b)
SPECIFICATION
OF
COOPERATIVE
THREAT
REDUCTION
FUNDS.—Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding
table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for
fiscal years 2025, 2026, and 2027.
SEC. 1652. TEMPORARY CONTINUATION OF REQUIREMENT FOR
REPORTS
ON
ACTIVITIES
AND
ASSISTANCE
UNDER
DEPARTMENT
OF
DEFENSE
COOPERATIVE
THREAT
REDUCTION PROGRAM.
(a) CONTINUATION OF REPORTING REQUIREMENT.—
(1) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 111 note) does not apply to the report required
to be submitted to Congress under section 1343(a) of the
Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3743(a)).
H. R. 5009—429
(2) CONFORMING REPEAL.—Section 1061(d) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114–328; 10 U.S.C. 111 note) is amended by striking paragraph
(14).
(b) TERMINATION DATE.—Section 1343(a) of the Department
of Defense Cooperative Threat Reduction Act (50 U.S.C. 3743(a))
is amended by adding at the end the following new subsection:
‘‘(d) TERMINATION DATE.—The requirement to submit the report
under subsection (a) shall terminate on January 1, 2030.’’.
SEC. 1653. MODIFICATION TO ANNUAL ASSESSMENT OF BUDGET WITH
RESPECT
TO
ELECTROMAGNETIC
SPECTRUM
OPER-
ATIONS CAPABILITIES.
Section 500c of title 10, United States Code, as redesignated
by section 1701, is amended by adding at the end the following
new paragraph:
‘‘(3) The development of a capability for modeling and simu-
lating multi-domain joint electromagnetic spectrum operations
to—
‘‘(A) assess the ability of the joint force to conduct
such operations in support of the operational plans of the
combatant commands; and
‘‘(B) inform improvements to such operations.’’.
SEC. 1654. MODIFICATION OF MILESTONE DECISION AUTHORITY FOR
SPACE-BASED GROUND AND AIRBORNE MOVING TARGET
INDICATION SYSTEMS.
(a) MILESTONE DECISION AUTHORITY.—Subsection (b) of section
1684 of the National Defense Authorization Act for Fiscal Year
2024 (Public Law 118–31; 10 U.S.C. 2271 note) is amended—
(1) by inserting ‘‘the’’ after ‘‘shall be’’;
(2) by striking ‘‘for Milestone A approval (as defined in
section 4211 of such title)’’;
(3) by striking ‘‘The Secretary of the Air Force’’ and
inserting the following:
‘‘(1) IN GENERAL.—The Secretary of the Air Force’’; and
(4) by adding at the end the following new paragraph
(2):
‘‘(2) APPOINTMENT OF PROGRAM EXECUTIVE OFFICER.—The
service acquisition executive for the Air Force for space systems
and programs shall appoint a program executive officer, and
designate an office, for the acquisition of space-based air and
moving target indication systems.’’.
(b) INITIAL OPERATIONAL CAPABILITY.—Such section is further
amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) INITIAL OPERATIONAL CAPABILITY.—Not later than May 31,
2025, the Chairman of the Joint Chiefs of Staff shall—
‘‘(1) designate a date by which the space-based ground
moving target indication system will achieve initial operational
capability; and
‘‘(2) notify the congressional defense committees of such
date.’’.
H. R. 5009—430
SEC. 1655. DESIGNATION OF A SENIOR DEFENSE OFFICIAL RESPON-
SIBLE FOR ESTABLISHMENT OF NATIONAL INTEGRATED
AIR AND MISSILE DEFENSE ARCHITECTURE FOR THE
UNITED STATES.
(a) REQUIREMENT.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall des-
ignate a senior official of the Department of Defense who shall
be responsible, subject to appropriations, for the establishment of
a national integrated air and missile defense architecture for the
United States.
(b) DUTIES.—The duties of the official designated under sub-
section (a) shall include the following:
(1) Designing the national integrated air and missile
defense architecture for the United States.
(2) Overseeing development of an integrated missile defense
acquisition strategy for the United States.
(3) Evaluating the budget requests of each military depart-
ment and Defense Agency to ensure such budget requests are
sufficient to enable the development of such defense architec-
ture.
(4) Siting the integrated missile defense systems comprising
such defense architecture.
(5) Overseeing long-term acquisition and sustainment of
such defense architecture.
(6) Such other duties as the Secretary determines appro-
priate.
(c) TERMINATION.—The authority of this section shall terminate
on the date that is 90 days after the date on which the official
designated under subsection (a) determines that the national
integrated air and missile defense architecture for the United States
has achieved initial operational capability.
TITLE XVII—OTHER DEFENSE MATTERS
Sec. 1701. Technical and conforming amendments.
Sec. 1702. Modification of humanitarian assistance authority.
Sec. 1703. Display of United States flag for patriotic and military observances.
Sec. 1704. Exclusion of oceanographic research vessels from certain sourcing re-
quirements.
Sec. 1705. Expanding cooperative research and development agreements to part-
nerships with United States territorial governments.
Sec. 1706. Use of royalty gas at McAlester Army Ammunition Plant.
Sec. 1707. Report on Iranian oil sales proceeds.
Sec. 1708. Prohibition on use of funds for temporary pier in Gaza.
Sec. 1709. Analysis of certain unmanned aircraft systems entities.
SEC. 1701. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) In the subtitle analysis for subtitle A—
(A) by striking the item relating to chapter 19 and
inserting the following new item:
‘‘19. Cyber and Information Operations Matters .......................................
391’’;
(B) by striking the item relating to chapter 25 and
inserting the following new item:
‘‘25. Electromagnetic Warfare .........................................................................
500’’;
(C) by striking the item relating to chapter 326 and
inserting the following new item:
‘‘327. Weapon Systems Development and Related Matters 4401’’; .........
H. R. 5009—431
(D) in part V, by striking the second item relating
to subpart F, including the items relating to chapters 321
through 327 appearing under the second item relating to
subpart F;
(E) by striking the item relating to chapter 363 and
inserting the following new item:
‘‘363. Prohibition and Penalties .....................................................................
4651’’; and
(F) by striking the item relating to chapter 367 and
inserting the following new item:
‘‘367. Other Administrative Matters .............................................................. 4751’’.
(2) In section 130i(j)(3)(C)(ix), by striking ‘‘sections’’ and
inserting ‘‘section’’.
(3) In section 139a(h)—
(A) by striking ‘‘out by Director’’ and inserting ‘‘out
by the Director’’; and
(B) by striking ‘‘an any’’ and inserting ‘‘and any’’.
(4) In section 167b—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘referred to as
the ‘cyber command’ ’’ and inserting ‘‘referred to as
the ‘United States Cyber Command’ ’’; and
(ii) in paragraph (2), by striking ‘‘Cyber Command’’
and inserting ‘‘United States Cyber Command’’;
(B) in subsection (b), by striking ‘‘Cyber Command’’
each place it appears and inserting ‘‘United States Cyber
Command’’; and
(C) in subsections (c) and (d)—
(i) by striking ‘‘cyber command’’ each place it
appears and inserting ‘‘United States Cyber Com-
mand’’;
(ii) by striking ‘‘such command’’ each place it
appears and inserting ‘‘such Command’’; and
(iii) by striking ‘‘commander’’ each place it appears
and inserting ‘‘Commander’’.
(5) In section 222a(d), by striking ‘‘the’’ before ‘‘all of the
reports’’.
(6) In section 381(b), by striking ‘‘Defense—.’’ and inserting
‘‘Defense—’’.
(7) In section 391b(e)(1)(B), by striking the colon and
inserting a semicolon.
(8) In section 392a(b)(3)(B)(ix), by inserting ‘‘section’’ before
‘‘932(c)(3)’’.
(9) In section 486, by redesignating subsection (e) as sub-
section (d).
(10) In chapter 25, by redesignating sections 501 through
506 as sections 500a through 500f, respectively.
(11) In section 510(h)(2)(B), by striking ‘‘subchapters I and
II’’ and inserting ‘‘subchapters II and III’’.
(12) In section 520(a)(2), by striking ‘‘armed forced’’ and
inserting ‘‘armed force’’.
(13) In section 578(g), by striking ‘‘is approved’’ and
inserting ‘‘as approved’’.
(14) In section 624(e), by striking ‘‘is approved’’ and
inserting ‘‘as approved’’.
(15) In section 628a—
(A) in subsection (e)(2), by striking ‘‘apply to report’’
and inserting ‘‘apply to the report’’; and
H. R. 5009—432
(B) in subsection (f), by striking ‘‘section 20251’’ and
inserting ‘‘section 20252’’.
(16) In section 714(b)(1)(A), by striking ‘‘an serious’’ and
inserting ‘‘a serious’’.
(17) In section 937(a)(2)(B) (article 137(a)(2)(B) of the Uni-
form Code of Military Justice), by inserting ‘‘the’’ before ‘‘Space
Force’’.
(18) In section 1073c—
(A) by redesignating subsection (i) as subsection (j);
and
(B) by redesignating the second subsection (h) (relating
to rule of construction regarding secretaries concerned and
medical evaluation boards) as subsection (i).
(19) In section 1073d(b)(5)(C)(ii), by striking ‘‘fulfil’’ and
inserting ‘‘fulfill’’.
(20) In section 1370—
(A) in subsection (b)(1), by striking ‘‘or, Space Force’’
and inserting ‘‘or Space Force’’; and
(B) in subsection (f)(6)—
(i) in subparagraph (A), by inserting a comma after
‘‘Air Force’’; and
(ii) in subparagraph (B), by inserting a comma
after ‘‘Navy’’.
(21) In section 1465(e), by inserting ‘‘shall’’ before ‘‘provide’’.
(22) In section 1448(d)(1), by striking ‘‘paragraph (2)(B)’’
and inserting ‘‘paragraph (2)’’.
(23) In section 1558—
(A) by striking ‘‘,,’’ each place it appears and inserting
a comma; and
(B) in subsection (b)(2)(A), by striking ‘‘14507’’ and
inserting ‘‘14705’’.
(24) In section 1559(c)(3), by striking ‘‘the the’’ and
inserting ‘‘the’’.
(25) In section 2031—
(A) in subsection (b)—
(i) in paragraph (1)(E), by striking ‘‘..’’ and
inserting a period; and
(ii) in paragraph (2)(E)(vi), by striking ‘‘report
under subsection (i)’’ and inserting ‘‘report under sub-
section (j)’’;
(B) by redesignating the second subsection (i) as sub-
section (j).
(26) In section 2200g(a), by striking ‘‘Under Secretary for
Defense’’ and inserting ‘‘Under Secretary of Defense’’.
(27) In the section heading for section 2275b, by striking
the period at the end.
(28) In section 2285—
(A) by redesignating subsections (d) through (f) as sub-
sections (c) through (e), respectively; and
(B) by redesignating the second subsection (b) as sub-
section (f).
(29) In section 2688(g)(4), by striking ‘‘installation energy’’.
(30) In the table of sections at the beginning of subchapter
III of chapter 169, by striking the item relating to section
2856 and inserting the following:
‘‘2856. Military unaccompanied housing: standards.’’.
H. R. 5009—433
(31) In section 2856(a), by striking ‘‘,.’’ and inserting a
period.
(32) In section 2911(c)(3), by striking ‘‘installation energy’’.
(33) In section 2922g(g)(1), by striking ‘‘2202’’ and inserting
‘‘2002’’.
(34) In the chapter analysis for part V of subtitle A—
(A) by striking the item relating to chapter 207 and
inserting the following new item:
‘‘207. Budgeting and Appropriations ............................................................. 3131’’;
(B) by striking the item relating to chapter 225 and
inserting the following new item:
‘‘225. øReserved¿ ................................................................................................. 3271’’;
(C) by striking the item relating to chapter 243 and
inserting the following new item:
‘‘243. Other Matters Relating to Awarding of Contracts ......................... 3341’’;
(D) by striking the item relating to chapter 272 and
inserting the following new item:
‘‘272. øReserved¿ ................................................................................................. 3721’’;
(E) in the item relating to chapter 287, by striking
‘‘3961’’ and inserting ‘‘3901’’;
(F) by inserting after the item relating to chapter 307
the following new items:
‘‘subpart f—major systems, major defense acquisition programs, and weapon systems development
‘‘321. General Matters ........................................................................................4201
‘‘322. Major Systems and Major Defense Acquisition Programs Gen-
erally ........................................................................................................4211
‘‘323. Life-Cycle and Sustainment ..................................................................4321
‘‘324. Selected Acquisition Reports ................................................................4350
‘‘325. Cost Growth-Unit Cost Reports (Nunn-McCurdy) ...........................4371
‘‘326. Weapon Systems Development And Related Matters ..................... 4401’’;
(G) by striking the item relating to chapter 363 and
inserting the following new item:
‘‘363. Prohibition and Penalties ..................................................................... 4651’’;
(H) by striking the item relating to chapter 367 and
inserting the following new item:
‘‘367. Other Administrative Matters ..............................................................
4751’’; and
(I) by striking the item relating to chapter 383 and
inserting the following new item:
‘‘383. Development, Application, and Support of Dual-use Tech-
nologies ................................................................................................... 4831’’.
(35) In section 3221(b)(6)(A)—
(A) in clause (iii), by striking the semicolon and
inserting ‘‘; and’’;
(B) by striking clause (iv); and
(C) by redesignating clause (v) as clause (iv).
(36) In section 3225(3)(B), by striking ‘‘, or the next quar-
terly report pursuant to section 2445c of this title in the case
of a major automated information system program’’.
(37) In section 3601(a)(2), by inserting ‘‘note’’ before ‘‘prec.’’.
(38) In section 4141(a)(2)—
(A) by striking ‘‘section 2304’’ and inserting ‘‘section
3204’’; and
(B) by striking ‘‘subsection (c)(5)’’ and inserting ‘‘sub-
section (a)(5)’’.
(39) In section 4211—
H. R. 5009—434
(A) by striking ‘‘, major automated information system,’’
each place it appears;
(B) in subsection (a), by striking ‘‘, each major auto-
mated information system,’’; and
(C) in subsection (c)(2)(H), by striking ‘‘sections 3501
through 3511’’ and inserting ‘‘section 3501’’.
(40) In section 4505(h)(6), by striking ‘‘(as that term is
defined in section 4505(g)(5) of this title)’’.
(41) In section 4816(b)(6), by striking ‘‘section 2430 of this
title) or major automated information systems (as defined in
section 2445a of this title)’’ and inserting ‘‘section 4201 of
this title’’.
(42) In section 4902—
(A) in subsection (e)—
(i) in paragraph (1)(A)(iii), by inserting ‘‘the’’ before
‘‘protege firm’’; and
(ii) by redesignating paragraph (3) as subpara-
graph (C) of paragraph (1), and adjusting the margins
accordingly; and
(B) in subsection (n)(5)(D), by inserting ‘‘of 1938’’ after
‘‘Act’’.
(43) In section 4127, by striking the section heading and
inserting the following:
‘‘§ 4127. Defense Innovation Unit’’.
(44) In section 4273(d), by striking ‘‘4736’’ and inserting
‘‘4376’’.
(45) In section 8581(a), by striking ‘‘Provost and Academic
Dean of the Postgraduate School’’ and inserting ‘‘Provost and
Chief Academic Officer’’.
(46) In section 15109, by striking ‘‘(a) In general.—’’.
(47) In section 15110, by striking ‘‘the title’’ and inserting
‘‘this subtitle’’.
(48) In the chapter analysis for part I of subtitle F, by
striking the item relating to chapter 2013 and inserting the
following new item:
‘‘2013. Voluntary Retirement for Length of Service ...........................................20601’’.
(49) In the table of sections at the beginning of chapter
2009, by striking the item relating to the second section 20404
(relating to Force shaping authority) and inserting the fol-
lowing:
‘‘20405. Force shaping authority.’’.
(50) In section 20404, by striking ‘‘space force’’ both places
it appears and inserting ‘‘Space Force’’.
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2024.—Section 1608(a) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2271 note)
is amended—
(1) by striking ‘‘tranches of the of the’’ and inserting
‘‘tranches of the’’; and
(2) by striking ‘‘Tranch’’ each place it appears and inserting
‘‘Tranche’’.
(c) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2023.—Paragraph (3) of section 862(d) of the National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10
U.S.C. 4811 note) is amended—
H. R. 5009—435
(1) in subparagraph (B), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in subparagraph (C), by striking the period and
inserting ‘‘; and’’;
(3) by adding at the end the following new subparagraph:
‘‘(D) the Chief of Space Operations, with respect to
matters concerning the Space Force.’’.
(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2018.—The National Defense Authorization Act for Fiscal Year
2018 (Public Law 115–91) is amended—
(1) in section 886(a)(1) of by striking ‘‘the term ‘Procure-
ment Administrative Lead Time’ or ‘PALT’,’’ and inserting ‘‘the
term ‘procurement administrative lead time’ or ‘PALT’,’’; and
(2) in section 913(b)(6) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat.
1523) is amended by striking ‘‘of the Air Force,’’ and inserting
‘‘of the Air Force, the Chief of Space Operations,’’.
(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2015.—Section 843 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113–291; 10 U.S.C. 4871 note prec.) is amended by striking
paragraph (4).
(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2011.—Section 863(b)(1) of the National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4293) is
amended by striking ‘‘Air Force,’’ and inserting ‘‘Air Force, the
Chief of Space Operations,’’.
(g) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2006.—Section 806 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3373), is repealed.
(h) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS
ACT.—For purposes of applying amendments made by provisions
of this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately before
any such amendments by other provisions of this Act.
SEC.
1702.
MODIFICATION
OF
HUMANITARIAN
ASSISTANCE
AUTHORITY.
Section 2561 of title 10, United States Code is amended—
(1) by redesignating subsections (c) through (f) as sub-
sections (d) through (g), respectively;
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) NOTICE BEFORE PROVISION OF ASSISTANCE.—
‘‘(1) If the Secretary of Defense uses the authority under
subsection (a) to provide assistance for any program or activity
in an amount in excess of $5,000,000, the Secretary shall pro-
vide to the congressional committees specified in subsection
(g) notice in writing of the use of such authority in accordance
with paragraph (2). Notice under this subsection shall include
an identification of each of the following:
‘‘(A) The amount, type, and purpose of assistance to
be provided and the recipient of the assistance.
‘‘(B) The goals and objectives of the assistance.
‘‘(C) The number and role of any members of the Armed
Forces involved in the provision of the assistance.
H. R. 5009—436
‘‘(D) Any other information the Secretary determines
is relevant.
‘‘(2) Notice required under paragraph (1) shall be pro-
vided—
‘‘(A) before the provision of assistance under subsection
(a) using funds authorized to be appropriated to the Depart-
ment of Defense for a fiscal year for humanitarian assist-
ance; or
‘‘(B) not later than 48 hours after the provision of
such assistance, if the Secretary determines that extraor-
dinary circumstances that affect the national security
interests of the United States exist.’’;
(4) in subsections (d) and (e), as so redesignated, by striking
‘‘subsection (f)’’ each place it appears and inserting ‘‘subsection
(g)’’; and
(5) in subsection (g) as so redesignated, by striking ‘‘sub-
sections (c)(1) and (d)’’ and inserting ‘‘subsections (c)(1), (d)(1),
and (e)’’.
SEC. 1703. DISPLAY OF UNITED STATES FLAG FOR PATRIOTIC AND
MILITARY OBSERVANCES.
(a) AMENDMENT TO FLAG CODE.—Section 8(c) of title 4, United
States Code, is amended by inserting ‘‘, except as may be necessary
in limited circumstances and done in a respectful manner as part
of a military or patriotic observance’’ after ‘‘aloft and free’’.
(b) MODIFICATION OF DEPARTMENT OF DEFENSE POLICY.—The
Secretary of Defense shall—
(1) rescind the February 10, 2023, Department of Defense
memorandum entitled, ‘‘Clarification of Department of Defense
Community Engagement Policy on Showing Proper Respect
to the United States Flag’’; and
(2) support military recruitment through public outreach
events during patriotic and military observances, including the
display of the United States flag regardless of size and position,
including horizontally, provided that, in accordance with section
8(b) of title 4, United States Code, the flag never touch anything
beneath it, such as the ground, the floor, water, or merchandise.
SEC. 1704. EXCLUSION OF OCEANOGRAPHIC RESEARCH VESSELS FROM
CERTAIN SOURCING REQUIREMENTS.
Section 70912(5)(C) of the Infrastructure Investment and Jobs
Act (Public Law 117–58) is amended by inserting ‘‘(except vessels
which are oceanographic research vessels operated by academic
institutions)’’ after ‘‘facilities’’.
SEC. 1705. EXPANDING COOPERATIVE RESEARCH AND DEVELOPMENT
AGREEMENTS TO PARTNERSHIPS WITH UNITED STATES
TERRITORIAL GOVERNMENTS.
Section 12 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a) is amended—
(1) in subsection (a)(1), by striking ‘‘State or local govern-
ment’’ and inserting ‘‘State, local, or territorial government’’;
and
(2) by adding at the end the following:
‘‘(h) TERRITORIAL GOVERNMENTS.—For the purposes of this sec-
tion, the government of a territory of the United States shall be
considered a non-Federal party.’’.
H. R. 5009—437
SEC. 1706. USE OF ROYALTY GAS AT MCALESTER ARMY AMMUNITION
PLANT.
Section 342 of the Energy Policy Act of 2005 (42 U.S.C. 15902)
is amended by adding at the end the following new subsection:
‘‘(j) MCALESTER ARMY AMMUNITION PLANT.—At the request
of the Secretary of Defense, the Secretary shall—
‘‘(1) take in-kind royalty gas from any lease on the
McAlester Army Ammunition Plant in McAlester, Oklahoma;
and
‘‘(2) sell such royalty gas to the Department of Defense
in accordance with subsection (h)(1), for use only at that plant,
only for energy resilience purposes, and only to the extent
necessary to meet the natural gas needs of that plant.’’.
SEC. 1707. REPORT ON IRANIAN OIL SALES PROCEEDS.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the appro-
priate congressional committees a report that includes each of the
following:
(1) An assessment of how proceeds from illicit Iranian
oil sales support Iran’s military and security budget.
(2) An assessment of the extent to which the funds
described in paragraph (1) have been used directly or indirectly
by
Iran’s
Islamic
Revolutionary
Guard
Corps,
Hamas,
Hizballah, or other Iranian proxies.
(3) An overview of efforts undertaken to enforce sanctions
against Iran’s energy sector, including interdictions of tankers.
(b) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 1708. PROHIBITION ON USE OF FUNDS FOR TEMPORARY PIER
IN GAZA.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2025 for the Department
of Defense may be made available for the acquisition, construction,
installation, maintenance, or restoration of a temporary pier located
in Gaza or off the western coast of Gaza in the Mediterranean
Sea, or for the deployment of any equipment to Gaza relating
to such a pier.
SEC. 1709. ANALYSIS OF CERTAIN UNMANNED AIRCRAFT SYSTEMS
ENTITIES.
(a) EVALUATION OF COMMUNICATIONS SERVICES AND EQUIPMENT
TO COVERED LIST.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, an appropriate national security
agency shall determine if any of the following communications
or video surveillance equipment or services pose an unaccept-
able risk to the national security of the United States or the
security and safety of United States persons:
H. R. 5009—438
(A) Communications or video surveillance equipment
produced by Shenzhen Da-Jiang Innovations Sciences and
Technologies Company Limited (commonly known as ‘‘DJI
Technologies’’).
(B) Communications or video surveillance equipment
produced by Autel Robotics.
(C) With respect to an entity described in subparagraph
(A) or (B) (referred to in this subparagraph as a ‘‘named
entity’’)—
(i) any subsidiary, affiliate, or partner of the
named entity;
(ii) any entity in a joint venture with the named
entity; or
(iii) any entity to which the named entity has
a technology sharing or licensing agreement.
(D) Communications or video surveillance services,
including software, provided by an entity described in sub-
paragraphs (A), (B), and (C) or using equipment described
in such subparagraphs.
(2) ADDITION TO COVERED LIST.—If the appropriate national
security agency does not make a determination as required
by paragraph (1) within one year after the enactment of this
Act, the Commission shall add all communications equipment
and services listed in paragraph (1) to the covered list.
(b) INCLUSION
OF CERTAIN COMMUNICATIONS SERVICES
AND
EQUIPMENT TO COVERED LIST.—
(1) DETERMINATIONS.—Not later than 30 days after an
appropriate national security agency determines that any of
the communications equipment or services specified in sub-
section (a)(1) present an unacceptable risk to the national secu-
rity of the United States or the security and safety of United
States persons—
(A) the Commission shall place such communications
equipment or services on the covered list; and
(B) the appropriate national security agency shall
submit to the appropriate congressional committees a
report on their determination which shall be submitted
in unclassified form but may contain a classified annex.
(2) OTHER DETERMINATIONS.—Not later than 30 days after
an appropriate national security agency determines that any
of the communications equipment or services specified in sub-
section (a)(1) do not present an unacceptable risk to the national
security of the United States or the security and safety of
United States persons—
(A) that agency shall submit to the appropriate
congressional committees a report on their determinations,
which shall be submitted in unclassified form but may
contain a classified annex; and
(B) within 180 days following the determination, all
other appropriate national security agencies shall review
the determination and shall submit to the appropriate
congressional committees a report on their determinations,
which shall be submitted in unclassified form but may
contain a classified annex.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate national security agency’’ has
the same meaning as the term in section 9 of the Secure
H. R. 5009—439
and Trusted Communications Networks Act of 2019 (47 U.S.C.
1608)).
(2) The term ‘‘Commission’’ means the Federal Communica-
tions Commission.
(3) The term ‘‘covered list’’ means the list of covered commu-
nications equipment or services published by the Commission
under section 2(a) of the Secure and Trusted Communications
Networks Act.
(4) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the Com-
mittee on Commerce, Science, and Transportation, and the
Select Committee on Intelligence in the Senate; and
(B) the Committee on Armed Services, the Committee
on Homeland Security, the Committee on Energy and Com-
merce, and the Permanent Select Committee on Intel-
ligence in the House of Representatives.
(5) The term ‘‘technology sharing agreement’’ means an
agreement where a named entity licenses their technology to
a company directly or through an intermediary manufacturer.
(d) SAVINGS CLAUSE.—Nothing herein shall be construed to
override or affect the uses permitted by sections 1823 through
1832 of the National Defense Authorization Act for Fiscal Year
2024 (Public Law 118–31) and sections 936 and 1032 of the Federal
Aviation Administration Reauthorization Act of 2024 (Public Law
118–63), including the duration thereof. If the Commission places
communications equipment or services on the covered list pursuant
to subsection (b)(1)(A) of this section, the appropriate national secu-
rity agency shall provide the Commission with necessary informa-
tion on whether enabling those uses is appropriate and how to
enable those uses if necessary, and the Commission may promulgate
implementing rules or policies accordingly.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construction
Authorization Act for Fiscal Year 2025’’.
SEC.
2002.
EXPIRATION
OF
AUTHORIZATIONS
AND
AMOUNTS
REQUIRED TO BE SPECIFIED BY LAW.
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.—
Except as provided in subsection (b), all authorizations contained
in titles XXI through XXVII for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment
Program (and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2027; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2028.
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic
H. R. 5009—440
Treaty Organization Security Investment Program (and authoriza-
tions of appropriations therefor), for which appropriated funds have
been obligated before the later of—
(1) October 1, 2027; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2028 for military construction projects, land
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later of—
(1) October 1, 2024; or
(2) the date of the enactment of this Act.
TITLE XXI—ARMY MILITARY
CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out fiscal year 2018 project at Kunsan
Air Base, Korea.
Sec. 2105. Extension of authority to carry out fiscal year 2019 project at Mihail
Kogalniceanu forward operating site, Romania.
Sec. 2106. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2108. Extension of authority to carry out certain fiscal year 2022 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Sec-
retary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
State
Installation
Amount
Alaska ........................
Fort Wainwright ......................................
$23,000,000
California ..................
Fort Irwin .................................................
$44,000,000
Military Ocean Terminal Concord ..........
$68,000,000
Florida .......................
Naval Air Station Key West ...................
$90,000,000
Guam .........................
Joint Region Marianas ............................
$386,000,000
Hawaii .......................
Pohakuloa Training Area ........................
$20,000,000
Wheeler Army Airfield ............................
$231,000,000
Kentucky ...................
Fort Campbell ..........................................
$11,800,000
Louisiana ...................
Fort Johnson ............................................
$105,000,000
Maryland ...................
Fort Meade ...............................................
$46,000,000
Michigan ....................
Detroit Arsenal ........................................
$37,000,000
Missouri .....................
Fort Leonard Wood ..................................
$144,000,000
New York ..................
Watervliet Arsenal ...................................
$53,000,000
Oklahoma ..................
McAlester Army Ammunition Plant ......
$74,000,000
Pennsylvania .............
Letterkenny Army Depot ........................
$346,000,000
Texas .........................
Fort Cavazos ............................................
$147,000,000
H. R. 5009—441
Army: Inside the United States—Continued
State
Installation
Amount
Red River Army Depot ............................
$34,000,000
Virginia .....................
Joint Base Myer-Henderson Hall ...........
$180,000,000
Washington ...............
Joint Base Lewis-McChord .....................
$192,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Sec-
retary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
Country
Installation or Location
Amount
Belgium .....................
SHAPE Headquarters .............................
$45,000,000
Germany ....................
Hohenfels Training Area .........................
$61,000,000
U.S. Army Garrison Ansbach .................
$191,000,000
U.S. Army Garrison Bavaria ..................
$12,856,000
U.S. Army Garrison Wiesbaden .............
$44,000,000
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions as speci-
fied in the funding table in section 4601, the Secretary of the
Army may construct or acquire family housing units (including
land acquisition and supporting facilities) at the installations or
locations, and in the amounts, set forth in the following table:
Army: Family Housing
Country
Installation or Location
Amount
Belgium ...........
Chie`vres Air Base ........................
$100,954,000
Germany .........
Army Garrison Rheinland-Pfalz
$63,246,000
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—
(1) IN GENERAL.—Subject to section 2825 of title 10, United
States Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding
table in section 4601, the Secretary of the Army may improve
existing military family housing units in an amount not to
exceed $81,114,000.
(2) CLARIFICATION OF AUTHORITY TO CARRY OUT PRIOR YEAR
IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS IMPROVE-
MENTS.—
(A) FISCAL YEAR 2019.—Notwithstanding section 2102
of the Military Construction Authorization Act for Fiscal
Year 2019 (division B of Public Law 115–232; 132 Stat.
H. R. 5009—442
2242), subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) of such
Act and available for military family housing functions
as specified in the funding table in section 4601 of that
Act, the Secretary of the Army may improve existing mili-
tary family housing units in an amount not to exceed
$80,100,000.
(B) FISCAL YEAR 2020.—Notwithstanding section 2102
of the Military Construction Authorization Act for Fiscal
Year 2020 (division B of Public Law 116–92; 133 Stat.
1864), subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) of such
Act and available for military family housing functions
as specified in the funding table in section 4601 of that
Act, the Secretary of the Army may improve existing mili-
tary family housing units in an amount not to exceed
$87,205,000.
(C) FISCAL YEAR 2023.—Notwithstanding section 2102
of the Military Construction Authorization Act for Fiscal
Year 2023 (division B of Public Law 117–263; 136 Stat.
2972), subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) of such
Act and available for military family housing functions
as specified in the funding table in section 4601 of that
Act, the Secretary of the Army may improve existing mili-
tary family housing units in an amount not to exceed
$26,500,000.
(c) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)
and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Army
may carry out architectural and engineering services and construc-
tion design activities with respect to the construction or improve-
ment of family housing units in an amount not to exceed
$31,333,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2024, for military construction, land acquisition, and
military family housing functions of the Department of the Army
as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under sections
2101 and 2102 of this Act may not exceed the total amount author-
ized to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2018 PROJECT AT KUNSAN AIR BASE, KOREA.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1817), the authorization set forth
H. R. 5009—443
in the table in subsection (b), as provided in section 2101(b) of
that Act (131 Stat. 1819) and extended by section 2106(a) of the
Military Construction Authorization Act for Fiscal Year 2023 (divi-
sion B of Public Law 117–263; 136 Stat. 2395) and amended by
section 2105 of the Military Construction Authorization Act for
Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 712),
shall remain in effect until October 1, 2025, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Army: Extension of 2018 Project Authorization
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Korea .........
Kunsan Air Base ..
Unmanned Aer-
ial Vehicle
Hangar ..........
$53,000,000
SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2019 PROJECT AT MIHAIL KOGALNICEANU FORWARD
OPERATING SITE, ROMANIA.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115–232; 132 Stat. 2240), the authorization set forth
in the table in subsection (b), as provided in section 2901 of that
Act (132 Stat. 2286) and extended by section 2106(b)(1) of the
Military Construction Authorization Act for Fiscal Year 2024 (divi-
sion B of Public Law 118–31; 137 Stat. 713), shall remain in
effect until October 1, 2025, or the date of the enactment of an
Act authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Army: Extension of 2019 Project Authorization
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Romania .....
Mihail
Kogalniceanu
FOS ...................
EDI: Explosives
and Ammo
Load/Unload
Apron. ............
$21,651,000
SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2020 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2020 (division B
of Public Law 116–92; 133 Stat. 1862), the authorizations set forth
in the table in subsection (b), as provided in section 2101 of that
H. R. 5009—444
Act (133 Stat. 1862), shall remain in effect until October 1, 2025,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Army: Extension of 2020 Project Authorizations
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Kwajalein ...
Kwajalein Atoll ....
Air Traffic Con-
trol Tower
and Terminal
$40,000,000
South Caro-
lina .........
Fort Jackson .........
Reception Com-
plex, Ph2 .......
$88,000,000
SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B
of Public Law 116–283; 134 Stat. 4294), the authorizations set
forth in the table in subsection (b), as provided in section 2101(a)
of that Act (134 Stat. 4295) and extended by section 2107(a) of
the Military Construction Authorization Act for Fiscal Year 2024
(division B of Public Law 118–31; 137 Stat. 713), shall remain
in effect until October 1, 2025, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year
2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Army: Extension of 2021 Project Authorizations
State
Installation or
Location
Project
Original Au-
thorized
Amount
Arizona ......
Yuma Proving
Ground ..............
Ready Building
$14,000,000
Georgia ......
Fort Gillem ...........
Forensic Lab-
oratory ...........
$71,000,000
SEC. 2108. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2022 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B
of Public Law 117–81; 135 Stat. 2161), the authorizations set forth
in the table in subsection (b), as provided in sections 2101 and
2105 of that Act (135 Stat. 2163, 2165), shall remain in effect
until October 1, 2025, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
H. R. 5009—445
Army: Extension of 2022 Project Authorization
State
Installation or
Location
Project
Original Au-
thorized
Amount
Georgia ......
Fort Stewart .........
Barracks ...........
$105,000,000
Germany ....
Smith Barracks ....
Live Fire Exer-
cise
Shoothouse ....
$16,000,000
Indoor Small
Arms Range ..
$17,500,000
Hawaii .......
West Loch Naval
Magazine Annex.
Ammunition
Storage ..........
$51,000,000
Wheeler Army Air-
field.
Aviation Unit
OPS Building
$84,000,000
Kansas .......
Fort Leavenworth
Child Develop-
ment Center ..
$37,000,000
Kentucky ...
Fort Knox .............
Child Develop-
ment Center ..
$30,000,000
Louisiana ...
Fort Johnson ........
Joint Operations
Center ...........
$116,000,000
Maryland ...
Fort Detrick ..........
Incinerator Fa-
cility ...............
$27,000,000
New Mexico
White Sands Mis-
sile Range.
Missile Assem-
bly Support
Building ........
$29,000,000
Pennsyl-
vania .......
Letterkenny Army
Depot.
Fire Station ......
$25,400,000
Texas ..........
Fort Bliss ..............
Defense Access
Roads .............
$20,000,000
TITLE XXII—NAVY MILITARY
CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2205. Extension of authority to carry out fiscal year 2020 project at Marine
Corps Air Station Yuma, Arizona.
Sec. 2206. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2207. Extension of authority to carry out certain fiscal year 2022 projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Sec-
retary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
H. R. 5009—446
Navy: Inside the United States
State
Installation or Location
Amount
Arizona ...................
Marine Corps Air Station Yuma ................
$261,160,000
Florida ....................
Cape Canaveral Space Force Station ........
$221,060,000
Georgia ...................
Naval Submarine Base Kings Bay ............
$264,030,000
Guam ......................
Andersen Air Force Base ............................
$561,730,000
Joint Region Marinas .................................
$111,666,000
Naval Base Guam .......................................
$241,880,000
Hawaii ....................
Joint Base Pearl Harbor-Hickam ..............
$505,000,000
Marine Corps Base Kaneohe Bay ..............
$297,770,000
Maryland ................
Naval Surface Warfare Center Indian
Head.
$106,000,000
Nevada ...................
Naval Air Station Fallon ............................
$93,300,000
North Carolina ......
Marine Corps Air Station Cherry Point ....
$849,520,000
Virginia ..................
Naval Weapons Station Yorktown .............
$151,850,000
Norfolk Naval Shipyard .............................
$635,739,000
Washington ............
Naval Base Kitsap-Bangor .........................
$200,550,000
Puget Sound Naval Shipyard .....................
$231,490,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Sec-
retary of the Navy may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
Country
Installation or Location
Amount
Australia ..............
Royal Australian Air Force Base
Darwin.
$353,970,000
El Salvador ..........
Cooperative
Security
Location
Comalapa.
$28,000,000
Federated States
of Micronesia.
Yap International Airport ...............
$807,700,000
Palau ....................
Koror, Port of Malakal ....................
$918,300,000
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as speci-
fied in the funding table in section 4601, the Secretary of the
Navy may construct or acquire family housing units (including
land acquisition and supporting facilities) at the installations or
locations, and in the amounts, set forth in the following table:
Navy: Family Housing
Country or Terri-
tory
Installation
Amount
Guam .................
Andersen Air Force Base ................
$488,186,000
H. R. 5009—447
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Sub-
ject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropria-
tions in section 2203(a) and available for military family housing
functions as specified in the funding table in section 4601, the
Secretary of the Navy may improve existing military family housing
units in an amount not to exceed $35,438,000.
(c) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a)
and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Navy
may carry out architectural and engineering services and construc-
tion design activities with respect to the construction or improve-
ment of family housing units in an amount not to exceed
$13,329,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2024, for military construction, land acquisition, and
military family housing functions of the Department of the Navy,
as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under sections
2201 and 2202 of this Act may not exceed the total amount author-
ized to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2019 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115–232; 132 Stat. 2240) the authorizations set
forth in the table in subsection (b), as provided in section 2201(b)
and 2902 of that Act (132 Stat. 2244, 2286) and extended by
section 2204 of the Military Construction Authorization Act for
Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 716),
shall remain in effect until October 1, 2025, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Navy: Extension of 2019 Project Authorizations
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Bahrain ......
SW Asia ................
Fleet Mainte-
nance Facility
and TOC ........
$26,340,000
Greece ........
Naval Support Ac-
tivity Souda Bay
EDI: Joint Mo-
bility Proc-
essing Center
$41,650,000
H. R. 5009—448
SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2020 PROJECT AT MARINE CORPS AIR STATION YUMA,
ARIZONA.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2020 (division B
of Public Law 116–92; 133 Stat. 1862) the authorizations set forth
in the table in subsection (b), as provided in sections 2201(a) and
2809 of that Act (133 Stat. 1865, 1887), shall remain in effect
until October 1, 2025, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Navy: Extension of 2020 Project Authorizations
State
Installation or
Location
Project
Original Au-
thorized
Amount
Arizona ......
Marine Corps Air
Station Yuma ....
Bachelor En-
listed Quar-
ters ................
$99,600,000
SEC. 2206. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B
of Public Law 116–283; 134 Stat. 4294), the authorizations set
forth in the table in subsection (b), as provided in section 2201
of that Act (134 Stat. 4297) and extended by section 2205 of the
Military Construction Authorization Act for Fiscal Year 2024 (divi-
sion B of Public Law 118–31; 137 Stat. 718), shall remain in
effect until October 1, 2025, or the date of the enactment of an
Act authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Navy: Extension of 2021 Project Authorizations
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Guam .........
Joint Region Mari-
anas ...................
Joint Commu-
nications Up-
grade .............
$22,000,000
Maine .........
NCTAMS LANT
Detachment
Cutler ................
Perimeter Secu-
rity .................
$26,100,000
Nevada .......
Fallon ....................
Range Training
Complex,
Phase 1 ..........
$29,040,000
H. R. 5009—449
SEC. 2207. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2022 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B
of Public Law 117–81; 135 Stat. 2161), the authorizations set forth
in the table in subsection (b), as provided in sections 2201 and
2202(a) of that Act (135 Stat. 2166, 2167), shall remain in effect
until October 1, 2025, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Navy: Extension of 2022 Project Authorizations
State/Coun-
try
Installation or
Location
Project
Original Au-
thorized
Amount
Arizona .......
Marine Corps
Air Station
Yuma.
Combat Training
Tank Complex.
$29,300,000
California ...
Marine Corps
Air Station
Miramar.
F–35 Centralized En-
gine Repair Facility.
$31,400,000
Marine Corps
Base Camp
Pendleton.
CLB MEU Complex ...
$83,900,000
Marine Corps
Base Camp
Pendleton.
Warehouse Replace-
ment.
$22,200,000
Naval Base
Ventura
County.
MQ–25 Aircraft Main-
tenance Hangar.
$125,291,000
District of
Columbia.
Marine Bar-
racks Wash-
ington.
Family Housing Im-
provements.
$10,415,000
Florida ........
Marine Corps
Support Fa-
cility Blount
Island.
Lighterage and Small
Craft Facility.
$69,400,000
Hawaii ........
Marine Corps
Base
Kaneohe.
Electrical Distribution
Modernization.
$64,500,000
South Caro-
lina.
Marine Corps
Air Station
Beaufort.
Aircraft Maintenance
Hangar.
$122,600,000
Spain ..........
Naval Station
Rota.
EDI: Explosive Ord-
nance Disposal
(EOD) Mobile Unit
Facilities.
$85,600,000
H. R. 5009—450
TITLE XXIII—AIR FORCE MILITARY
CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out fiscal year 2017 project at
Spangdahlem Air Base, Germany.
Sec. 2305. Extension of authority to carry out certain fiscal year 2018 projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2308. Extension of authority to carry out fiscal year 2021 project at Joint Base
Langley-Eustis, Virginia.
Sec. 2309. Extension of authority to carry out certain fiscal year 2022 projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2303(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Sec-
retary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations inside
the United States, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
State
Installation or Location
Amount
Alaska ...................
Joint Base Elmendorf-Richard-
son.
$355,000,000
Arkansas ...............
Ebbing Air National Guard
Base.
$74,000,000
California ..............
Beale Air Force Base ................
$148,000,000
Vandenberg Space Force Base
$277,000,000
Colorado ................
Buckley Space Force Base .......
$68,000,000
District of Colum-
bia.
Joint Base Anacostia-Bolling ...
$50,000,000
Florida ..................
Eglin Air Force Base ................
$23,900,000
Tyndall Air Force Base ............
$48,000,000
Idaho .....................
Mountain
Home
Air
Force
Base.
$40,000,000
Louisiana ..............
Barksdale Air Force Base ........
$22,000,000
Massachusetts ......
Hanscom Air Force Base ..........
$315,000,000
Mississippi ............
Keesler Air Force Base .............
$25,000,000
Montana ...............
Malmstrom Air Force Base ......
$20,000,000
North Carolina .....
SeymourJohnson
Air
Force
Base.
$41,000,000
Oregon ..................
Mountain
Home
Air
Force
Base.
$1,093,000,000
South Dakota .......
Ellsworth Air Force Base .........
$177,000,000
Texas .....................
Dyess Air Force Base ...............
$31,300,000
Joint
Base
San
Antonio-
Lackland.
$215,000,000
Joint Base San Antonio-Sam
Houston.
$469,000,000
Laughlin Air Force Base ..........
$56,000,000
Utah ......................
Hill Air Force Base ...................
$258,000,000
H. R. 5009—451
Air Force: Inside the United States—Continued
State
Installation or Location
Amount
Virginia .................
Joint Base Langley-Eustis .......
$81,000,000
Wyoming ...............
F.E. Warren Air Force Base ....
$1,581,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2303(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Sec-
retary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations out-
side the United States, and in the amounts, set forth in the following
table:
Air Force: Outside the United States
Country
Installation or Location
Amount
Denmark .....................
Royal Danish Air Force
Base Karup.
$110,000,000
Federated States of
Micronesia.
Yap International Airport ..
$949,314,000
Germany .....................
Ramstein Air Base .............
$22,000,000
Spain ...........................
Naval Station Rota .............
$15,200,000
United Kingdom .........
Royal Air Force
Lakenheath.
$185,000,000
Royal Air Force Mildenhall
$51,000,000
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as speci-
fied in the funding table in section 4601, the Secretary of the
Air Force may construct or acquire family housing units (including
land acquisition and supporting facilities) at the installations or
locations and in the amounts set forth in the following table:
Air Force: Family Housing
Country
Installation
Amount
Germany ............
Ramstein Air Base ..........................
$5,750,000
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Sub-
ject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropria-
tions in section 2303(a) and available for military family housing
functions as specified in the funding table in section 4601, the
Secretary of the Air Force may improve existing military family
housing units in an amount not to exceed $209,242,000.
(c) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2303(a)
and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Air
H. R. 5009—452
Force may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$6,557,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2024, for military construction, land acquisition, and
military family housing functions of the Department of the Air
Force, as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under sections
2301 and 2302 of this Act may not exceed the total amount author-
ized to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2017 PROJECT AT SPANGDAHLEM AIR BASE, GERMANY.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B
of Public Law 114–328; 130 Stat. 2688), the authorization set forth
in the table in subsection (b), as provided in section 2902 of that
Act (130 Stat. 2743) and extended by section 2304 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B
of Public Law 117–81; 135 Stat. 2169) and amended by section
2304(b) of the Military Construction Authorization Act for Fiscal
Year 2024 (division B of Public Law 118–31; 137 Stat. 721), shall
remain in effect until October 1, 2025, or the date of the enactment
of an Act authorizing funds for military construction for fiscal
year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 2017 Project Authorization
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Germany ....
Spangdahlem Air
Base ...................
ERI: F/A–22
Low Observ-
able/Comp Re-
pair Fac. ........
$12,000,000
SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1817), the authorizations set forth
in the table in subsection (b), as provided in section 2903 of that
Act (131 Stat. 1876) and extended by section 2304(b) of the Military
Construction Authorization Act for Fiscal Year 2023 (division B
of Public Law 117–263; 136 Stat. 2980) and amended by section
H. R. 5009—453
2305(b) of the Military Construction Authorization Act for Fiscal
Year 2024 (division B of Public Law 118–31; 137 Stat. 722), shall
remain in effect until October 1, 2025, or the date of the enactment
of an Act authorizing funds for military construction for fiscal
year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 2018 Project Authorizations
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Hungary .....
Kecskemet Air
Base ...................
ERI: Airfield
Upgrades .......
$12,900,000
Kecskemet Air
Base ...................
ERI: Construct
Parallel Taxi-
way ................
$30,000,000
Kecskemet Air
Base ...................
ERI: Increase
POL Storage
Capacity ........
$12,500,000
Slovakia .....
Malacky ................
ERI: Increase
POL Storage
Capacity ........
$20,000,000
SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2019 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115–232; 132 Stat. 2240), the authorizations set
forth in the table in subsection (b), as provided in section 2903
of that Act (132 Stat. 2287) and extended by section 2306(b) of
the Military Construction Authorization Act for Fiscal Year 2024
(division B of Public Law 118–31; 137 Stat. 724), shall remain
in effect until October 1, 2025, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year
2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 2019 Project Authorizations
Country
Installation or
Location
Project
Original Au-
thorized
Amount
United
Kingdom
Royal Air Force
Fairford .............
EDI: Construct
DABS-FEV
Storage ..........
$87,000,000
H. R. 5009—454
Air Force: Extension of 2019 Project Authorizations—
Continued
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Royal Air Force
Fairford .............
EDI: Munitions
Holding Area
$19,000,000
SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2020 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2020 (division B
of Public Law 116–92; 133 Stat. 1862), the authorizations set forth
in the table in subsection (b), as provided in sections 2301(a) and
2912(a) of that Act (133 Stat. 1867, 1913), shall remain in effect
until October 1, 2025, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 2020 Project Authorizations
State
Installation or
Location
Project
Original Au-
thorized
Amount
Florida .......
Tyndall Air Force
Base ...................
Deployment
Center/Flight
Line Dining/
AAFES ..........
$43,000,000
Georgia ......
Moody Air Force
Base ...................
41 RQS HH–
60W Apron ....
$12,500,000
New Mexico
Kirtland Air Force
Base ...................
Combat Rescue
Helicopter
Simulator
(CRH) ADAL
$15,500,000
Texas ..........
Joint Base San
Antonio ..............
BMT Recruit
Dormitory 8 ..
$110,000,000
Washington
Fairchild-White
Bluff ...................
Consolidated
TFI Base Op-
erations .........
$31,000,000
SEC. 2308. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2021 PROJECT AT JOINT BASE LANGLEY-EUSTIS, VIR-
GINIA.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B
H. R. 5009—455
of Public Law 116–283; 134 Stat. 4294), the authorization set forth
in the table in subsection (b), as provided in section 2301(a) of
that Act (132 Stat. 2287) and extended by section 2307(a) of the
Military Construction Authorization Act for Fiscal Year 2024 (divi-
sion B of Public Law 118–31; 137 Stat. 725), shall remain in
effect until October 1, 2025, or the date of the enactment of an
Act authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 2021 Project Authorization
State
Installation or
Location
Project
Original Au-
thorized
Amount
Virginia ......
Joint Base Lang-
ley-Eustis ..........
Access Control
Point Main
Gate With
Land Acq .......
$19,500,000
SEC. 2309. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2022 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B
of Public Law 117–81; 135 Stat. 2161), the authorizations set forth
in the table in subsection (b), as provided in section 2301 of that
Act (135 Stat. 2168), shall remain in effect until October 1, 2025,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 2022 Project Authorizations
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Australia ....
Royal Australian
Air Force Base
Darwin ..............
Squadron Oper-
ations Facility
$7,400,000
Royal Australian
Air Force Base
Tindal ................
Aircraft Mainte-
nance Support
Facility ..........
$6,200,000
Royal Australian
Air Force Base
Tindal ................
Squadron Oper-
ations Facility
$8,200,000
H. R. 5009—456
Air Force: Extension of 2022 Project Authorizations—
Continued
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Massachu-
setts ........
Hanscom Air
Force Base ........
NC3 Acquisi-
tions Manage-
ment Facility
$66,000,000
United
Kingdom
Royal Air Force
Lakenheath .......
F–35A Child
Development
Center ...........
$24,000,000
Royal Air Force
Lakenheath .......
F–35A Munition
Inspection Fa-
cility ...............
$31,000,000
Royal Air Force
Lakenheath .......
F–35A Weapons
Load Training
Facility ..........
$49,000,000
TITLE XXIV—DEFENSE AGENCIES
MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment program
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out fiscal year 2018 project at Iwakuni,
Japan.
Sec. 2405. Extension of authority to carry out fiscal year 2019 project at Iwakuni,
Japan.
Sec. 2406. Extension of authority to carry out fiscal year 2020 project at Fort
Indiantown Gap, Pennsylvania.
Sec. 2407. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2408. Modification of authority to carry out fiscal year 2022 project at Joint
Base Anacostia-Bolling, District of Columbia.
Sec. 2409. Extension of authority to carry out certain fiscal year 2022 projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Sec-
retary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
H. R. 5009—457
Defense Agencies: Inside the United States
State or
Territory
Installation or Location
Amount
Alaska ............
Eielson Air Force Base ......................
$14,000,000
Joint Base Elmendorf-Richardson ....
$55,000,000
Arizona ..........
U.S. Army Garrison Yuma Proving
Grounds ...........................................
$64,000,000
California .....
Marine Corps Base Camp Pendleton
$106,176,000
Marine Corps Mountain Warfare
Training Center ..............................
$19,300,000
Colorado ........
Fort Carson .........................................
$61,359,000
Florida ...........
Hurlburt Field ....................................
$14,000,000
Georgia ..........
Hunter Army Airfield ........................
$64,300,000
Guam .............
Joint Region Marianas ......................
$929,224,000
Missouri ........
Whiteman Air Force Base .................
$19,500,000
North Caro-
lina .............
Fort Liberty ........................................
$47,000,000
Marine Corps Base Camp Lejeune ...
$84,500,000
South Caro-
lina .............
Marine Corps Air Station Beaufort ..
$31,500,000
Marine Corps Recruit Depot Parris
Island.
$72,050,000
Texas .............
Naval Air Station Corpus Christi .....
$79,300,000
Virginia .........
Joint
Expeditionary
Base
Little
Creek-Fort Story.
$35,000,000
Pentagon .............................................
$36,800,000
Washington ...
Naval Air Station Whidbey Island ...
$54,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Sec-
retary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
Country
Installation or Location
Amount
Japan .............
Marine Corps Base Camp Smedley
D. Butler .......................................
$160,000,000
Korea .............
Kunsan Air Base ..............................
$64,942,000
United King-
dom .............
Royal Air Force Lakenheath ...........
$153,000,000
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for energy conservation projects as specified in the
funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10,
H. R. 5009—458
United States Code, for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
State
Installation or Location
Amount
Alabama .................
Anniston Army Depot ..............
$56,450,000
Delaware ..............
Major Joseph R. ‘‘Beau’’ Biden
III National Guard/Reserve
Center ...................................
$22,050,000
Hawaii ....................
Joint
Base
Pearl
Harbor-
Hickam ..................................
$16,300,000
Illinois ....................
Rock Island Arsenal ................
$73,470,000
Indiana ...................
Camp Atterbury-Muscatatuck
$39,180,000
Maine .....................
Portsmouth Naval Shipyard ...
$28,700,000
Maryland ...............
Aberdeen Proving Ground ......
$34,400,000
Joint Base Andrews .................
$17,920,000
New Jersey ............
Joint
Base
McGuire-Dix-
Lakehurst .............................
$19,500,000
National Guard Training Cen-
ter Sea Girt ...........................
$40,000,000
Ohio ........................
Wright-Patterson
Air
Force
Base .......................................
$53,000,000
Washington ............
Joint
Base
Lewis-McChord-
Gray Army Airfield ..............
$40,000,000
Naval Base Kitsap ...................
$77,270,000
Naval Magazine Indian Island
$39,490,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for energy conservation projects as specified in the
funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10,
United States Code, for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
Country
Installation or Location
Amount
Bahrain ..................
Naval Support Activity Bah-
rain ........................................
$15,330,000
Greece ...................
Naval Support Activity Souda
Bay ........................................
$42,500,000
Italy ........................
Naval Air Station Sigonella ....
$13,470,000
Japan .....................
Camp Fuji ................................
$45,870,000
(c) IMPROVEMENT OF CONVEYED UTILITY SYSTEMS.—In the case
of a utility system that is conveyed under section 2688 of title
10, United States Code, and that only provides utility services
to a military installation, notwithstanding subchapters I and III
of chapter169 and chapters 221 and 223 of title 10, United States
Code, the Secretary of Defense or the Secretary of a military depart-
ment may authorize a contract with the conveyee of the utility
H. R. 5009—459
system to carry out the military construction projects set forth
in the following table:
Improvement of Conveyed Utility Systems
State
Installation or Location
Project
Maryland .......
Aberdeen Proving Ground ...............
Power
Generation and
Microgrid
Washington ...
Joint-Base
Lewis-McChord
Gray
Army Airfield ................................
Power
Generation and
Microgrid
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2024, for military construction, land acquisition, and
military family housing functions of the Department of Defense
(other than the military departments), as specified in the funding
table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under sections
2401 and 2402 of this Act may not exceed the total amount author-
ized to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2018 PROJECT AT IWAKUNI, JAPAN.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1817), the authorization set forth
in the table in subsection (b), as provided in section 2401(b) of
that Act (131 Stat. 1829) and extended by section 2404 of the
Military Construction Authorization Act for Fiscal Year 2023 (divi-
sion B of Public Law 117–263; 136 Stat.2984) and amended by
section 2404 of the Military Construction Authorization Act for
Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 728),
shall remain in effect until October 1, 2025, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorization
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Japan .........
Iwakuni .................
PDI: Construct
Bulk Storage
Tanks PH 1 ...
$30,800,000
H. R. 5009—460
SEC. 2405. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2019 PROJECT AT IWAKUNI, JAPAN.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115–232; 132 Stat. 2240), the authorization set forth
in the table in subsection (b), as provided in section 2401(b) of
that Act (132 Stat. 2250) and extended by section 2405(a) of the
Military Construction Authorization Act for Fiscal Year 2024 (divi-
sion B of Public Law 118–31; 137 Stat. 729), shall remain in
effect until October 1, 2025, or the date of the enactment of an
Act authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2019 Project Authorization
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Japan .........
Iwakuni .................
Fuel Pier ...........
$33,200,000
SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2020 PROJECT AT FORT INDIANTOWN GAP, PENNSYL-
VANIA.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2020 (division B
of Public Law 116–92; 133 Stat. 1862), the authorization set forth
in the table in subsection (b), as authorized pursuant to section
2402 of such Act (133 Stat. 1872), shall remain in effect until
October 1, 2025, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2026, whichever is
later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
ERCIP Project: Extension of 2020 Project Authorization
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Pennsyl-
vania .......
Fort Indiantown
Gap ....................
Install Geo-
thermal and
413 kW Solar
Photovoltaic
(PV) Array .....
$3,950,000
SEC. 2407. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B
of Public Law 116–283; 134 Stat. 4294), the authorization set forth
in the table in subsection (b), as provided in sections 2401(b) and
H. R. 5009—461
2402 of that Act (134 Stat. 4305, 4306) and extended by sections
2406 and 2407 of the Military Construction Authorization Act for
Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 730),
shall remain in effect until October 1, 2025, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Defense Agencies and ERCIP Projects: Extension of 2021
Project Authorizations
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Arkansas ....
Ebbing Air Na-
tional Guard
Base ...................
PV Arrays and
Battery Stor-
age .................
$2,600,000
California ...
Marine Corps Air
Ground Combat
Center
Twentynine
Palms ................
Install 10 Mw
Battery En-
ergy Storage
for Various
Buildings .......
$11,646,000
Naval Support Ac-
tivity Monterey
Cogeneration
Plant at B236
$10,540,000
Italy ............
Naval Support Ac-
tivity Naples .....
Smart Grid .......
$3,490,000
Japan .........
Def Fuel Support
Point Tsurumi ..
Fuel Wharf .......
$49,500,000
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2022 PROJECT AT JOINT BASE ANACOSTIA-BOLLING, DIS-
TRICT OF COLUMBIA.
In the case of the authorization contained in the table in
section 2402(a) of the Military Construction Authorization Act for
Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2174)
for Joint Base Anacostia-Bolling, District of Columbia, for construc-
tion of PV carports, the Secretary of Defense may install a 1.0-
megawatt battery energy storage system for a total project amount
of $40,650,000.
SEC. 2409. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2022 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B
of Public Law 117–81; 135 Stat. 2161), the authorizations set forth
in the table in subsection (b), as provided in sections 2401 and
2402 of that Act (135 Stat. 2173, 2174), shall remain in effect
until October 1, 2025, or the date of the enactment of an Act
H. R. 5009—462
authorizing funds for military construction for fiscal year 2026,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Defense Agencies and ERCIP Projects: Extension of 2022
Project Authorizations
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Alabama .....
Fort Novosel .........
10 MW RICE
Generator
Plant and
Microgrid
Controls .........
$24,000,000
California ...
Marine Corps Air
Station Miramar
Additional LFG
Power Meter
Station ...........
$4,054,000
Naval Air Weap-
ons Station
China Lake-
Ridgecrest .........
Solar Energy
Storage Sys-
tem ................
$9,120,000
Georgia ......
Fort Moore ............
4.8 MW Genera-
tion and
Microgrid .......
$17,593,000
Fort Stewart .........
10 MW Genera-
tion Plant,
with
Microgrid
Control ..........
$22,000,000
Guam .........
Polaris Point Sub-
marine Base ......
Inner Apra Har-
bor Resiliency
Upgrades Ph
1. ....................
$38,300,000
Michigan ....
Camp Grayling .....
650 KW Gas-
Fired Micro-
Turbine Gen-
eration Sys-
tem ................
$5,700,000
Mississippi
Camp Shelby ........
10 MW Genera-
tion Plant an
Feeder level
Microgrid Sys-
tem ................
$34,500,000
Camp Shelby ........
Electrical Dis-
tribution In-
frastructure
Under-
grounding
Hardening
Project ...........
$11,155,000
H. R. 5009—463
Defense Agencies and ERCIP Projects: Extension of 2022
Project Authorizations—Continued
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
New York ...
Fort Drum ............
Wellfield Field
Expansion
Project ...........
$27,000,000
North Caro-
lina .........
Fort Liberty ..........
10 MW
Microgrid Uti-
lizing Existing
and New Gen-
erators ...........
$19,464,000
Fort Liberty ..........
Emergency
Water System
$7,705,000
Ohio ............
Springfield-Beck-
ley Municipal
Airport ...............
Base-Wide
Microgrid
With Natural
Gas Gener-
ator, Photo-
voltaic and
Battery Stor-
age .................
$4,700,000
Puerto Rico
Aguadilla ..............
Microgrid Con-
trol System,
460 KW PV,
275 KW Gen-
erator, 660
Kwh Bess ......
$10,120,000
Fort Allen .............
Microgrid Con-
trol System,
690 KW PV,
275 KW Gen,
570 Kwh Bess
$12,190,000
Tennessee ..
Memphis Inter-
national Airport
PV Arrays and
Battery Stor-
age .................
$4,780,000
United
Kingdom
Royal Air Force
Lakenheath .......
Hospital Re-
placement-
Temporary
Facilities .......
$19,283,000
Virginia ......
National
Geospatial-Intel-
ligence Agency
Campus East ....
Electrical Sys-
tem Redun-
dancy .............
$5,299,000
H. R. 5009—464
TITLE XXV—INTERNATIONAL
PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Extension of use of authorized amounts for North Atlantic Treaty Orga-
nization Security Investment Program.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
Subtitle A—North Atlantic Treaty Organi-
zation Security Investment Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as pro-
vided in section 2806 of title 10, United States Code, in an amount
not to exceed the sum of the amount authorized to be appropriated
for this purpose in section 2502 and the amount collected from
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2024, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment
Program authorized by section 2501, and in the amounts, set forth
in the following table:
North Atlantic Treaty Organization Security Investment
Program
Location
Installation or Location
Amount
Worldwide Un-
specified .........
NATO Security Investment Pro-
gram.
$463,864,000
SEC. 2503. EXTENSION OF USE OF AUTHORIZED AMOUNTS FOR NORTH
ATLANTIC TREATY ORGANIZATION SECURITY INVEST-
MENT PROGRAM.
Section 2806(b) of title 10, United States Code, is amended—
(1) by striking ‘‘Funds’’ and inserting ‘‘(1) Funds’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) If any funds authorized for the North Atlantic Treaty
Organization Security Investment program for a fiscal year are
available to be obligated or expended at the end of that fiscal
year and no funds have been authorized for the following fiscal
year, not more than 50 percent of the amount authorized for the
H. R. 5009—465
North Atlantic Treaty Organization Security Investment program
for that fiscal year shall be deemed to be authorized by law for
purposes of paragraph (1) for the following fiscal year.’’.
Subtitle B—Host Country In-Kind
Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required
in-kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
Component
Installation or
Location
Project
Amount
Army ...........
Camp Carroll
MSC–K Paint Re-
moval Booth ............
$9,400,000
Army ...........
Camp Carroll
Tactical Equipment
Maintenance Facil-
ity (TEMF) ..............
$72,000,000
Army ...........
Camp Walker
Elementary School .....
$46,000,000
Army ...........
USAG Hum-
phreys .........
Embedded Behavioral
Health Clinic ...........
$10,000,000
Army ...........
USAG Hum-
phreys .........
General Support Avia-
tion Battalion Hang-
ar ..............................
$180,000,000
Navy ...........
Chinhae ..........
Upgrade Main Access
Control Point ...........
$9,200,000
Air Force ....
Daegu AB .......
Upgrade Water Dis-
tribution System .....
$9,600,000
Air Force ....
Kunsan AB .....
Combat Small Arms
Range .......................
$31,000,000
Air Force ....
Kunsan AB .....
Fighter Squadron and
Fighter Generation
Squadron Oper-
ations Facility .........
$46,000,000
Air Force ....
Osan AB .........
Distributed Mission
Operations (DMO)
Flight Simulator .....
$15,000,000
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Poland for required
in-kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Poland, and in the amounts, set forth in the following
table:
H. R. 5009—466
Republic of Poland Funded Construction Projects
Component
Installation or
Location
Project
Amount
Air Force ....
Lask AB .........
AT/FP Upgrades for
PPI Mission .............
$22,000,000
Air Force ....
Lask AB .........
Connecting Taxiways
for RPA Mission ......
$18,000,000
Air Force ....
Lask AB .........
Ground Comms and
Data Support Area
for RPA Mission ......
$5,000,000
Air Force ....
Lask AB .........
Maintenance Hangar
for PPI Mission .......
$69,000,000
Air Force ....
Lask AB .........
RPA Parking Apron ...
$18,000,000
Air Force ....
Wroclaw AB ...
AT/FP Upgrades for
APOD Mission ........
$46,000,000
Air Force ....
Wroclaw AB ...
Comms Infrastructure
for APOD Mission ...
$10,000,000
TITLE XXVI—GUARD AND RESERVE
FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and
land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out fiscal year 2018 project at Hulman
Regional Airport, Indiana.
Sec. 2608. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2609. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2610. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2611. Modification of authority to carry out fiscal year 2022 project.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Army may acquire real property and carry
out military construction projects for the Army National Guard
locations inside the United States, and in the amounts, set forth
in the following table:
Army National Guard
State or Ter-
ritory
Installation or Location
Amount
Alaska ...........
Joint Base Elmendorf-Richardson ......................
$67,000,000
Iowa ...............
Sioux City Armory ...............................................
$13,800,000
Kentucky .......
Fort Campbell ......................................................
$18,000,000
Louisiana ......
Lafayette Readiness Center ................................
$33,000,000
Mississippi ....
Southaven Readiness Center ..............................
$33,000,000
H. R. 5009—467
Army National Guard—Continued
State or Ter-
ritory
Installation or Location
Amount
Montana ........
Malta Readiness Center ......................................
$14,800,000
Nevada ..........
Hawthorne Army Depot ......................................
$18,000,000
New Jersey ...
Vineland ................................................................
$23,000,000
Ohio ...............
Lima ......................................................................
$26,000,000
Oklahoma ......
Shawnee Readiness Center .................................
$29,000,000
Utah ..............
Nephi Readiness Center ......................................
$20,000,000
Washington ...
Camp Murray .......................................................
$40,000,000
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Army may acquire real property and carry
out military construction projects for the Army Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Army Reserve
State or Territory
Installation or Lo-
cation
Amount
California ..............................
Camp Parks ...........
$42,000,000
Georgia ...................................
Dobbins Air Re-
serve Base.
$78,000,000
Kentucky ................................
Fort Knox ...............
$138,000,000
Massachusetts ........................
Devens Reserve
Forces Training
Area.
$39,000,000
New Jersey .............................
Joint Base
McGuire-Dix-
Lakehurst.
$16,000,000
Pennsylvania ..........................
Wilkes-Barre ..........
$22,000,000
Puerto Rico .............................
Fort Buchanan .......
$39,000,000
Virginia ...................................
Richmond ...............
$23,000,000
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Navy may acquire real property and carry
out military construction projects for the Navy Reserve and Marine
Corps Reserve location inside the United States, and in the amount,
set forth in the following table:
H. R. 5009—468
Navy Reserve and Marine Corps Reserve
State
Installation or Lo-
cation
Amount
Texas .......................................
Naval Air Station
Joint Reserve
Base Fort Worth.
$106,870,000
Washington ...........................
Joint Base Lewis-
McChord.
$26,610,000
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Air Force may acquire real property and
carry out military construction projects for the Air National Guard
locations inside the United States, and in the amounts, set forth
in the following table:
Air National Guard
State
Installation or Lo-
cation
Amount
Alaska ....................................
Joint Base Elmen-
dorf-Richardson.
$19,300,000
California ................................
Moffett Airfield ......
$12,600,000
Florida ....................................
Jacksonville Inter-
national Airport.
$26,200,000
Hawaii ...................................
Joint Base Pearl
Harbor-Hickam.
$36,600,000
Maine ......................................
Bangor Inter-
national Airport.
$48,000,000
New Jersey .............................
Atlantic City Inter-
national Airport.
$18,000,000
New York ................................
Francis S. Gabreski
Airport.
$14,000,000
Texas .......................................
Fort Worth .............
$13,100,000
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Air Force may acquire real property and
carry out military construction projects for the Air Force Reserve
locations inside the United States, and in the amounts, set forth
in the following table:
H. R. 5009—469
Air Force Reserve
State
Location
Amount
Delaware .................................
Dover Air Force
Base.
$42,000,000
Indiana ...................................
Grissom Air Re-
serve Base.
$21,000,000
Ohio .........................................
Youngstown Air Re-
serve Station.
$25,000,000
South Carolina .......................
Joint Base Charles-
ton.
$33,000,000
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2024, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (including the
cost of acquisition of land for those facilities), as specified in the
funding table in section 4601.
SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2018 PROJECT AT HULMAN REGIONAL AIRPORT, INDIANA.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1817), the authorization set forth
in the table in subsection (b), as provided in section 2604 of that
Act (131 Stat. 1836) and extended by section 2608 of the Military
Construction Act for Fiscal Year 2023 (division B of Public Law
117–263; 136 Stat. 2989) and section 2607 of the Military Construc-
tion Act for Fiscal Year 2024 (division B of Public Law 118–31;
137 Stat. 737), shall remain in effect until October 1, 2025, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2018 Project
Authorization
State
Installation or
Location
Project
Original Au-
thorized
Amount
Indiana .......
Hulman Re-
gional Air-
port ..............
Construct Small Arms
Range .......................
$8,000,000
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2020 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Defense Authorization Act for Fiscal Year 2020 (divi-
sion B of Public Law 116–92; 133 Stat. 1862), the authorizations
set forth in the table in subsection (b), as provided in section
H. R. 5009—470
2601 of that Act (133 Stat. 1875), shall remain in effect until
October 1, 2025, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2026, whichever is
later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2020 Project
Authorizations
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
California ...
Camp Roberts .......
Automated Mul-
tipurpose Ma-
chine Gun
(MPMG)
Range ............
$12,000,000
Pennsyl-
vania .......
Moon Township ....
Combined Sup-
port Mainte-
nance Shop ....
$23,000,000
SEC. 2609. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (Division B
of Public Law 116–283; 134 Stat. 4294), the authorizations set
forth in the table in subsection (b), as provided in sections 2601
and 2602 of that Act (134 Stat. 4312, 4313) and extended by
section 2609 of the Military Construction Authorization Act for
Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 738),
shall remain in effect until October 1, 2025, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2026, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2021 Project
Authorizations
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Arkansas ....
Fort Chaffee .........
National Guard
Readiness
Center ...........
$15,000,000
California ...
Bakersfield ...........
National Guard
Vehicle Main-
tenance Shop
$9,300,000
H. R. 5009—471
National Guard and Reserve: Extension of 2021 Project
Authorizations—Continued
State/
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Massachu-
setts ........
Devens Reserve
Forces Training
Area ...................
Automated Mul-
tipurpose Ma-
chine Gun
Range ............
$8,700,000
North Caro-
lina .........
Asheville ...............
Army Reserve
Center ...........
$24,000,000
Puerto Rico
Fort Allen .............
National Guard
Readiness
Center ...........
$37,000,000
South Caro-
lina .........
Joint Base
Charleston ........
National Guard
Readiness
Center ...........
$15,000,000
Texas ..........
Fort Worth ............
Aircraft Mainte-
nance Hangar
Addition/Alt ..
$6,000,000
Virgin Is-
lands .......
St. Croix ................
Army Aviation
Support Facil-
ity (AASF) .....
$28,000,000
St. Croix ................
CST Ready
Building ........
$11,400,000
SEC. 2610. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2022 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B
of Public Law 117–81; 135 Stat. 2161), the authorizations set forth
in the table in subsection (b), as provided in sections 2601, 2602,
2604, and 2605 of that Act (135 Stat. 2178, 2179), and as amended
by section 2607(1) of the Military Construction Authorization Act
for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat.
2988) and this section, shall remain in effect until October 1,
2026, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2027, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
H. R. 5009—472
National Guard and Reserve: Extension of 2022 Project
Authorizations
State
Installation or
Location
Project
Original Au-
thorized
Amount
Alabama .....
Huntsville
Readiness
Center .........
National Guard Readi-
ness Center .............
$17,000,000
Georgia .......
Fort Moore .....
Post-Initial Military
Training Unaccom-
panied Housing .......
$13,200,000
Indiana .......
Grissom Air
Reserve
Base ............
Logistics Readiness
Complex ...................
$29,000,000
Massachu-
setts.
Barnes Air Na-
tional Guard
Base ............
Combined Engine/
ASE/NDI Shop ........
$12,200,000
Mississippi
Jackson Inter-
national Air-
port ..............
Fire Crash and Rescue
Station .....................
$9,300,000
New York ...
Francis S.
Gabreski
Airport ........
Base Civil Engineer
Complex ...................
$14,800,000
Ohio ............
Wright-Patter-
son Air
Force Base ..
AR Center Training
Building/ UHS ........
$19,000,000
Texas ..........
Kelly Field
Annex ..........
Aircraft Corrosion
Control .....................
$9,500,000
Vermont .....
Bennington .....
National Guard Readi-
ness Center .............
$16,900,000
Wisconsin ...
Fort McCoy ....
Transient Training Of-
ficer Barracks ..........
$29,200,000
Wyoming ....
Cheyenne Mu-
nicipal Air-
port ..............
Combined Vehicle
Maintenance and
ASE Complex ..........
$13,400,000
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2022 PROJECT.
With respect to the authorization contained in the table in
section 2601 of the Military Construction Authorization Act for
Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2178),
as amended by section 2610 of this Act, for Bennington, Vermont,
for construction of a National Guard Readiness Center, the Sec-
retary of the Army may construct the National Guard Readiness
Center in Lyndon, Vermont.
H. R. 5009—473
TITLE XXVII—BASE REALIGNMENT AND
CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense base closure account.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGN-
MENT AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2024, for base realignment and clo-
sure activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note) and funded through the Department
of Defense Base Closure Account established by section 2906 of
such Act (as amended by section 2711 of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law
112–239; 126 Stat. 2140)), as specified in the funding table in
section 4601.
TITLE XXVIII—MILITARY
CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Programs
Sec. 2801. Modification of definition of military installation for purposes of notifica-
tions related to basing decision-making process.
Sec. 2802. Expansion of eligible grant recipients under the Defense Community In-
frastructure Program.
Sec. 2803. Process for strategic basing actions for the Department of the Air Force.
Sec. 2804. Inclusion of land acquisition and demolitions projects in authorized un-
specified minor military construction project; temporary expansion of
authority for purchase of certain land.
Sec. 2805. Amendments to defense laboratory modernization program.
Sec. 2806. Annual five-year plans on improvement of Department of Defense inno-
vation infrastructure.
Sec. 2807. Modification of authority for Indo-Pacific posture unspecified minor mili-
tary construction projects.
Sec. 2808. Extension of prohibition on joint use of Homestead Air Reserve Base
with civil aviation.
Sec. 2809. Information on military construction projects and repair projects at joint
bases.
Sec. 2810. Notification to Congress of reprogramming involving military construc-
tion funds.
Sec. 2811. Obligation and execution of design funds for military construction
projects.
Sec. 2812. Schedule of repairs at Naval Air Station, Pensacola, Florida.
Subtitle B—Military Housing Reforms
Sec. 2821. Budget justification for certain Facilities Sustainment, Restoration, and
Modernization projects.
Sec. 2822. Strategy and assessment with respect to non-operational, underutilized,
and other Department of Defense facilities: assessments of historic sig-
nificance.
Sec. 2823. Application of certain authorities and standards to historic military
housing and associated historic properties of the Department of the
Army.
Sec. 2824. Extension of applicability for waivers of covered privacy and configura-
tion standards for covered military unaccompanied housing.
Sec. 2825. Additional requirements for database of complaints made regarding
housing units of Department of Defense.
Sec. 2826. Digital system for submission of maintenance work order requests for
covered military unaccompanied housing required.
H. R. 5009—474
Sec. 2827. Modification to definition of privatized military housing.
Sec. 2828. Analysis of housing availability for critical civilian and contractor per-
sonnel near rural military installations.
Sec. 2829. Digital facilities management systems for military departments.
Sec. 2830. Strategy for use of existing leasing authorities to address shortages of
covered military unaccompanied housing required.
Sec. 2831. Independent assessment of estimated costs of certain strategies to ad-
dress shortages of covered military unaccompanied housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2841. Minimum capital investment for facilities sustainment, restoration, and
modernization.
Sec. 2842. Assistance for public infrastructure projects and services.
Sec. 2843. Contracts for design and construction of facilities of Department of De-
fense.
Sec. 2844. Industrial plant equipment and associated services as in-kind consider-
ation under leases of non-excess property.
Sec. 2845. Inclusion of tribal governments in intergovernmental support agree-
ments for installation-support services.
Sec. 2846. Temporary modification to authority to charge landing fees for the use
by civil aircraft of military airfields.
Sec. 2847. Stormwater management, shoreline erosion control, and water resilience
projects for installations and defense access roads.
Sec. 2848. Pilot program to optimize and consolidate Department of Defense facili-
ties to improve health and resiliency in defense communities.
Sec. 2849. Guidance regarding maintenance of aggregate square footage of facilities
of Department of Defense.
Sec. 2850. Expenditures on leased facilities and real property of the Department of
Defense.
Subtitle D—Land Conveyances
Sec. 2851. Extension of expanded authority to convey property at military installa-
tions.
Sec. 2852. Technical correction to map reference in the Military Land Withdrawals
Act of 2013.
Sec. 2853. Land conveyance, Boyle Memorial Army Reserve Center, Paris, Texas.
Sec. 2854. Land conveyance, Riverdale Park, Maryland.
Sec. 2855. Transfer authority, Mare Island Naval Shipyard, Vallejo, California.
Sec. 2856. Release of interests retained in Camp Joseph T. Robinson, Arkansas.
Sec. 2857. Land conveyance, Fort Huachuca, Sierra Vista, Arizona.
Sec. 2858. Removal of certain conditions regarding conveyance of former Army–
Navy General Hospital, Hot Springs National Park, Hot Springs, Arkan-
sas, to the State of Arkansas.
Sec. 2859. Land conveyance and authorization for interim lease, Defense Fuel Sup-
port Point San Pedro, Los Angeles, California.
Sec. 2860. Land conveyance, Fort Bliss, El Paso, Texas.
Sec. 2861. Cleanup and transfer of certain property at former Army installation to
East Bay Regional Park District.
Sec. 2862. Coordination of repair and maintenance of Kolekole Pass, Hawaii.
Subtitle E—Other Matters
Sec. 2871. Consideration of installation infrastructure and other supporting re-
sources by Department of Defense Test Resource Management Center.
Sec. 2872. Development and operation of the Naval Innovation Center at the Naval
Postgraduate School.
Sec. 2873. Extension of Department of the Army pilot program for development and
use of online real estate inventory tool.
Sec. 2874. Notification to Members of Congress for awards of contracts for military
construction projects.
Sec. 2875. Authorization of assistance to expedite certain military construction
projects located in Guam.
Sec. 2876. Report on munitions and explosives of concern and construction projects
in Joint Region Marianas.
Sec. 2877. Review of roles and responsibilities for construction projects of Depart-
ment of Defense.
Sec. 2878. Assessment of public schools on installations of Department of Defense.
Sec. 2879. Updates to policies and guidance of the Department of the Navy for the
replacement of certain dry docks and other projects.
Sec. 2880. Designation of officials responsible for coordination of infrastructure
projects to support additional members of the Armed Forces and their
families in the Indo-Pacific region.
H. R. 5009—475
Sec. 2881. Limitation on availability of funds until submission of interim guidance
for Department of Defense-wide standards for access to military instal-
lations.
Subtitle A—Military Construction
Programs
SEC. 2801. MODIFICATION OF DEFINITION OF MILITARY INSTALLATION
FOR PURPOSES OF NOTIFICATIONS RELATED TO BASING
DECISION-MAKING PROCESS.
Section 483(f)(4) of title 10, United States Code, is amended,
in the first sentence, by striking ‘‘, which is located within any
of the several States, the District of Columbia, the Commonwealth
of Puerto Rico, American Samoa, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, or Guam’’.
SEC. 2802. EXPANSION OF ELIGIBLE GRANT RECIPIENTS UNDER THE
DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM.
(a) IN GENERAL.—Subsection (d) of section 2391 of title 10,
United States Code, is amended—
(1) in paragraph (1)(A), by striking ‘‘State and local govern-
ments’’ and inserting ‘‘State governments, local governments,
and not-for-profit, member-owned utility services’’; and
(2) in subparagraph (A) of paragraph (2), by striking ‘‘the
State or local government agree’’ and inserting ‘‘the recipient
of such assistance agrees’’.
(b) TECHNICAL AMENDMENT.—Section 2391(d)(1)(B)(iii) of such
title is amended by striking ‘‘section 101(e)(8) of this title’’ and
inserting ‘‘section 101 of this title’’.
SEC. 2803. PROCESS FOR STRATEGIC BASING ACTIONS FOR THE
DEPARTMENT OF THE AIR FORCE.
(a) IN GENERAL.—Chapter 141 of title 10, United States Code,
is amended by inserting after section 2391 the following new section:
‘‘§ 2392. Process for strategic basing actions for the Depart-
ment of the Air Force
‘‘(a) PROGRAMMATIC BASING DECISIONS PROHIBITED.—The Sec-
retary of the Air Force (or a designee) shall not make any basing
decision during the resource allocation plan or program objective
memorandum process.
‘‘(b) QUARTERLY BRIEFINGS.—Not later than 90 days after the
date of the enactment of this section, and quarterly thereafter,
the Secretary of the Air Force (or a designee) shall brief the congres-
sional defense committees on the following:
‘‘(1) Strategic basing actions approved by the strategic
basing panel for review by the strategic basing executive
steering group during the quarter covered by the briefing.
‘‘(2) For each strategic basing action not covered by a
previous briefing, a description of the criteria for selection
of candidate location for each such strategic basing action and
how each criterion will be applied to the candidate locations
to determine preferred location.
‘‘(3) Updates regarding candidate locations, preferred loca-
tions, and the final location selected for each strategic basing
action covered by the briefing.
H. R. 5009—476
‘‘(4) Any strategic basing actions with projected decision
dates that will occur before the next scheduled briefing under
this subsection.
‘‘(c) ADDITIONAL BRIEFINGS.—Upon request by either the Com-
mittee on Armed Services of the House of Representatives or of
the Senate, the Secretary of the Air Force (or a designee) shall
provide to such Committee a briefing on the information described
in subsection (b).
‘‘(d) POST-BRIEFING CHANGES.—The Secretary of the Air Force
(or a designee) shall notify the congressional defense committees,
not later than seven days after the effective date of a change,
if such change is a change—
‘‘(1) to the selection criteria or the application of selection
criteria, that would result in a different decision than briefed
under subsection (b) regarding the enterprise definition, identi-
fied candidate locations, or identified preferred location; or
‘‘(2) to the governance process used to oversee a strategic
basing action.
‘‘(e) OVERSEAS STRATEGIC BASING ACTIONS.—With respect to
a strategic basing action relating to a military installation located
outside of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, or Guam, a
notification required under this section may be provided in a classi-
fied form.
‘‘(f) DEFINITIONS.—In this section, the terms ‘enterprise defini-
tion’, ‘program objective memorandum process’, ‘resource allocation
plan’, ‘strategic basing action’, ‘strategic basing executive steering
group’, and ‘strategic basing panel’ have the meanings given, respec-
tively, under the Department of the Air Force Instruction 10–
503 (issued June 12, 2023, as in effect on November 1, 2024).’’.
(b) APPLICABILITY.—This section and the amendments made
by this section shall apply with respect to strategic basing actions
(as defined in section 2392 of title 10, United States Code, as
added by this section) made by the Secretary of the Air Force
on or after the date of the enactment of this Act.
SEC. 2804. INCLUSION OF LAND ACQUISITION AND DEMOLITIONS
PROJECTS IN AUTHORIZED UNSPECIFIED MINOR MILI-
TARY CONSTRUCTION PROJECT; TEMPORARY EXPANSION
OF AUTHORITY FOR PURCHASE OF CERTAIN LAND.
(a) IN GENERAL.—Section 2805(a)(2) of title 10, United States
Code, is amended by striking ‘‘or a demolition project’’ and inserting
‘‘, land acquisition, or demolition project’’.
(b) ACQUISITION
OF LOW-COST INTERESTS
IN LAND.—Section
2663(c) of such title is amended in paragraph (1) by striking the
dollar amount and inserting ‘‘$4,000,000’’.
(c) TEMPORARY EXPANSION.—During the period beginning on
the date of the enactment of this section and ending on February
1, 2026, the Secretary of the Army may use the authority under
section 2805 of such title for the purchase of interests in land
at not more than 200 percent of the applicable dollar threshold
specified in such section to support the caisson requirements of
the Department of the Army with respect to equine welfare.
H. R. 5009—477
SEC. 2805. AMENDMENTS TO DEFENSE LABORATORY MODERNIZATION
PROGRAM.
Section 2805(g) of title 10, United States Code, is amended
in paragraph (6)(B) by striking ‘‘$1,000,000’’ and inserting
‘‘$4,000,000’’.
SEC. 2806. ANNUAL FIVE-YEAR PLANS ON IMPROVEMENT OF DEPART-
MENT OF DEFENSE INNOVATION INFRASTRUCTURE.
(a) IN GENERAL.—Section 2810 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(e) ANNUAL FIVE-YEAR PLANS ON IMPROVEMENT OF INNOVATION
INFRASTRUCTURE.—
‘‘(1) SUBMISSION.—Along with the budget for each fiscal
year submitted by the President pursuant to section 1105(a)
of title 31, each Secretary of a military department and the
Secretary of Defense shall submit to the congressional defense
committees a plan that describes the objectives of that Secretary
to improve innovation infrastructure during the five fiscal years
following the fiscal year for which such budget is submitted.
‘‘(2) ELEMENTS.—Each plan submitted by a Secretary of
a military department under paragraph (1) shall include the
following:
‘‘(A) With respect to the five-year period covered by
the plan, an identification of the major lines of effort,
milestones, and investment goals of the Secretary over
such period relating to the improvement of innovation infra-
structure and a description of how such goals support such
goals, including the use of—
‘‘(i) military construction, facilities restoration and
modernization funds;
‘‘(ii) the defense lab modernization program under
section 2805(d) of this title; and
‘‘(iii) military construction projects for innovation,
research, development, test, and evaluation under this
section.
‘‘(B) The estimated costs of necessary innovation infra-
structure improvements and a description of how such costs
would be addressed by the Department of Defense budget
request submitted during the same year as the plan and
the applicable future-years defense program.
‘‘(C) Information regarding the plan of the Secretary
to initiate such environmental and engineering studies as
may be necessary to carry out planned innovation infra-
structure improvements.
‘‘(D) Detailed information regarding how innovation
infrastructure improvement projects will be paced and
sequenced to ensure continuous operations.
‘‘(3) INCORPORATION
OF
RESULTS-ORIENTED
MANAGEMENT
PRACTICES.—Each plan under subsection (a) shall incorporate
the leading results-oriented management practices identified
in the report of the Comptroller General of the United States
titled ‘Actions Needed to Improve Poor Conditions of Facilities
and Equipment that Affect Maintenance Timeliness and Effi-
ciency’ (GAO–19–242), or any successor report, including—
‘‘(A) analytically based goals;
‘‘(B) results-oriented metrics;
H. R. 5009—478
‘‘(C) the identification of required resources, risks, and
stakeholders; and
‘‘(D) regular reporting on progress to decision makers.
‘‘(4) INNOVATIVE INFRASTRUCTURE DEFINED.—In this sub-
section, the term ‘innovation infrastructure’ includes labora-
tories, test and evaluation ranges, and any other infrastructure
whose primary purpose is research, development, test, and
evaluation.’’.
(b) DEADLINE.—The first plan required under subsection (e)
of such section (as amended by subsection (a)) shall be submitted
as part of the annual budget submission of the President to Con-
gress pursuant to section 1105(a) of title 31, United States Code,
for fiscal year 2027.
SEC. 2807. MODIFICATION OF AUTHORITY FOR INDO-PACIFIC POSTURE
UNSPECIFIED
MINOR
MILITARY
CONSTRUCTION
PROJECTS.
Section 2810 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31) is amended—
(1) in subsection (a), by striking ‘‘$15,000,000’’ and inserting
‘‘$30,000,000’’;
(2) in subsection (b), by amending paragraph (2) to read
as follows:
‘‘(2) to the extent necessary, as either a stand-alone acquisi-
tion or as part of a minor military construction project, any
acquisition of interests in land, or support or reimbursement
for acquisition of interests in land, for establishment of a
defense site or other area over which the Secretary of a military
department or the Secretary of Defense will exercise operational
control, without regard to the duration of the operational con-
trol.’’;
(3) in subsection (c)—
(A) in paragraph (2), by striking ‘‘; or’’ and inserting
a semicolon;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following new paragraph:
‘‘(4) acquiring interests in land, defense sites, or operational
control over an area needed to support another project or
projects under this section or to support a future military
construction project.’’;
(4) in subsection (d), by inserting ‘‘or planned military
installation’’ after ‘‘military installation’’; and
(5) in subsection (e)(2), by striking ‘‘section 2805(c) of title
10, United States Code’’ and inserting ‘‘subsection (c) of section
2805, United States Code, subject to adjustment upward to
reflect a construction cost index published pursuant to sub-
section (f) of such section if such an index applies to the
location of the project, except that the adjusted amount may
not exceed the limit under subsection (a)’’.
SEC. 2808. EXTENSION OF PROHIBITION ON JOINT USE OF HOMESTEAD
AIR RESERVE BASE WITH CIVIL AVIATION.
Section 2874 of the Military Construction Authorization Act
for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat.
3014) is amended by striking ‘‘September 30, 2026’’ and inserting
‘‘September 30, 2028’’.
H. R. 5009—479
SEC. 2809. INFORMATION ON MILITARY CONSTRUCTION PROJECTS
AND REPAIR PROJECTS AT JOINT BASES.
(a) IN GENERAL.—For each of fiscal years 2025 through 2030,
each Secretary of a military department shall, for each joint base
established pursuant to the report of the Secretary of Defense
titled ‘‘Base Closure and Realignment Report, Volume I’’ (May 2005)
and the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)
and under the jurisdiction of the Secretary concerned, submit to
the congressional defense committees the following:
(1) Along with the defense budget materials submitted
to Congress in connection with the budget of the President
submitted under section 1105(a) of title 31, United States Code,
for a fiscal year in which a military construction project contract
is proposed to be awarded by the host organization for the
joint base, a report that describes, for each request made by
a host organization or by a tenant organization on the joint
base—
(A) the location, title, cost, and Department of Defense
Form 1391 for each military construction project requested
that will be considered for that fiscal year;
(B) the location, title, and cost for each repair project
requested that will be considered for that fiscal year;
(C) the location, title, cost, and Department of Defense
Form 1391 for each military construction project requested
for a year covered in the submission required by section
221 of title 10, United States Code; and
(D) the location, title, and cost for each repair project
requested for the following two years after the fiscal year
in which a military construction project contract is proposed
to be awarded by the host organization for the joint base.
(2) The prioritized ranking by the host organization of
all military construction projects requested at the joint base,
whether or not such project was included in the budget
described in paragraph (1).
(3) The rationale of the host organization for the inclusion
of each military construction project in the defense budget
materials described in paragraph (1) instead of projects that
were requested but not included in such budget.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘host organization’’, with respect to a joint
base, means an entity described in section 111(b)(11) of title
10, United States Code, that is a part of the military depart-
ment under the Secretary with jurisdiction over the joint base.
(2) The term ‘‘repair project’’ means a project for facilities
sustainment, restoration, and modernization.
(3) The term ‘‘requested by a tenant organization’’, with
respect to a military construction project, means a military
construction project—
(A) located at a joint base on which a tenant organiza-
tion is located; and
(B) proposed by such tenant organization, acting
through the local commanding officer or local director of
the tenant organization, to the host organization with juris-
diction over the joint base.
(4) The term ‘‘tenant organization’’, with respect to a joint
base, means an entity described in section 111(b)(11) of title
H. R. 5009—480
10, United States Code, and located on the joint base but
does not include any host organization of the joint base.
SEC.
2810.
NOTIFICATION
TO
CONGRESS
OF
REPROGRAMMING
INVOLVING MILITARY CONSTRUCTION FUNDS.
The Secretary of Defense shall notify the congressional defense
committees of any reprogramming of funds made available for mili-
tary construction not later than 14 days after the date of such
reprogramming.
SEC. 2811. OBLIGATION AND EXECUTION OF DESIGN FUNDS FOR MILI-
TARY CONSTRUCTION PROJECTS.
(a) IN GENERAL.—Not later than 150 days after amounts are
appropriated for any fiscal year for the congressionally-directed
design of a military construction project, the Secretary of Defense
shall ensure that the construction agent responsible for such project
enters into a contract pursuant to section 2807 of title 10, United
States Code, for the obligation and execution of such amounts.
(b) COMPLETION OF WORK.—If a military construction project
designated pursuant to subsection (a) has an estimated construction
cost of less than $150,000,000, not less than 35 percent of the
project design under a contract described in subsection (a) shall
be completed not later than 240 days after the date of the award
of such contract.
(c) NOTIFICATION.—If the Secretary determines that a construc-
tion agent who is responsible for a military construction project
under subsection (a) fails to satisfy the requirements of subsection
(a) or (b), the Secretary shall, not later than 30 days after the
Secretary makes such determination and at the end of each ninety-
day period thereafter until such military construction project
reaches 35 percent design, submit to the congressional defense
committees a notification that includes—
(1) a statement of whether the construction agent has
exceeded the duration to—
(A) enter into a contract under subsection (a); or
(B) complete 35 percent project design under subsection
(b);
(2) the reason for the delay in the satisfaction of such
requirements; and
(3) the projected dates such requirements will be satisfied.
SEC. 2812. SCHEDULE OF REPAIRS AT NAVAL AIR STATION, PENSA-
COLA, FLORIDA.
(a) SCHEDULE.—Not later than 90 days after the date of the
enactment of this section, the Secretary of the Navy shall develop
a plan for repair or replacement of facilities at Naval Air Station
Pensacola that the Secretary determines are damaged by Hurricane
Sally.
(b) ELEMENTS.—The plan required under subsection (a) shall
include the following:
(1) An estimate of the cost and schedule for—
(A) the repair of Hangar 3260; and
(B) a military construction project (as defined in section
2801 of title 10, United States Code) to replace Hangar
3260 and other infrastructure at Naval Air Station, Pensa-
cola, Florida, that the Secretary determines are damaged
by Hurricane Sally.
H. R. 5009—481
(2) An assessment that compares the estimated cost and
schedule under subparagraph (A) of paragraph (1) to the esti-
mated cost and schedule under subparagraph (B) of such para-
graph.
(3) Any planned demolition projects necessary to support
future military construction.
(4) An assessment of how the repair and replacement sched-
ules for facilities at Naval Air Station Pensacola that the Sec-
retary determines are damaged by Hurricane Sally support
current and future operational requirements at the naval air
station.
(c) REPORT REQUIRED.—Not later than 30 days after the date
on which the Secretary completes the plan required under sub-
section (a), the Secretary shall submit such plan to the congressional
defense committees.
(d) BRIEFING REQUIREMENT.—Not later than 180 days after
the date of the enactment of this section, and on a biannual basis
thereafter during the five-year period beginning on such date, the
Secretary shall provide to the congressional defense committees
a briefing on the status of repair or replacement of facilities identi-
fied in the plan required by subsection (a).
(e) DEFINITIONS.—In this section, the terms ‘‘facility’’ and ‘‘mili-
tary construction project’’ have the meanings given such terms,
respectively, in section 2801 of title 10, United States Code.
Subtitle B—Military Housing Reforms
SEC.
2821.
BUDGET
JUSTIFICATION
FOR
CERTAIN
FACILITIES
SUSTAINMENT,
RESTORATION,
AND
MODERNIZATION
PROJECTS.
Chapter 9 of title 10, United States Code, is amended by
inserting after section 226 the following new section:
‘‘§ 227. Budget justification for covered military unaccom-
panied housing Facilities Sustainment, Restoration,
and Modernization projects
‘‘(a) IN GENERAL.—Along with the budget for each fiscal year
submitted by the President pursuant to section 1105(a) of title
31, United States Code, each Secretary of a military department
shall include a consolidated budget justification display for the
congressional defense committees that individually identifies—
‘‘(1) for the fiscal year covered by the budget, the total
requested expenditure for Facilities Sustainment, Restoration,
and Modernization projects for covered military unaccompanied
housing compared to the total expenditure required by such
projects, disaggregated by military department; and
‘‘(2) the total expenditure for Facilities Sustainment, Res-
toration, and Modernization projects made during the fiscal
year beginning two years before the fiscal year covered by
the budget, disaggregated by—
‘‘(A) military installation;
‘‘(B) the type of facility repaired or restored under
such repair projects;
‘‘(C) the number of such repair projects that were for
sustainment or repair of a facility; and
H. R. 5009—482
‘‘(D) the number of such repair projects that were
for restoration or modernization of a facility.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered military unaccompanied housing’
has the meaning given in section 2856 of this title.
‘‘(2) The terms ‘facility’ and ‘military installation’ have the
meanings given, respectively, in section 2801 of this title.
‘‘(3) The term ‘repair project’ has the meaning given in
section 2811 of this title.’’.
SEC. 2822. STRATEGY AND ASSESSMENT WITH RESPECT TO NON-OPER-
ATIONAL, UNDERUTILIZED, AND OTHER DEPARTMENT OF
DEFENSE
FACILITIES:
ASSESSMENTS
OF
HISTORIC
SIGNIFICANCE.
(a) IN GENERAL.—Subchapter I of chapter 169 of title 10, United
States Code (as amended by section 2843), is further amended
by adding at the end the following new section:
‘‘§ 2819. Strategy and assessment with respect to non-oper-
ational, underutilized, and other Department of
Defense facilities: assessments of historical signifi-
cance
‘‘(a) STRATEGY
FOR DEMOLITION.—Each Secretary concerned
shall develop a strategy to demolish facilities under the respective
jurisdiction of each such Secretary that—
‘‘(1) are in poor or failing condition under the uniform
index developed under section 2838 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31);
‘‘(2) are not in operational use; or
‘‘(3) such Secretary determines are underutilized.
‘‘(b) ASSESSMENT OF CERTAIN MAINTENANCE COSTS.—Each Sec-
retary concerned shall conduct an assessment to determine the
total cost to the United States to maintain facilities that—
‘‘(1) are not in operational use; and
‘‘(2) such Secretary determines are underutilized.
‘‘(c) REQUIRED CONSIDERATION.—In determining whether a
facility is underutilized pursuant to subsections (a) or (b), each
Secretary concerned shall compare the occupancy of such facility
to the total square footage of such facility.
‘‘(d) ASSESSMENTS OF HISTORIC SIGNIFICANCE.—(1) Not later
than December 1, 2025, and on an annual basis thereafter, each
Secretary concerned shall conduct an assessment of each facility
under the jurisdiction of the Secretary concerned that was con-
structed at least 25 years prior to the year covered by the assess-
ment to determine whether the facility—
‘‘(A) is historically significant; or
‘‘(B) will be historically significant at the end of the 25-
year period beginning on the date of the completion of such
assessment.
‘‘(2) For each facility described in paragraph (1) that a Secretary
concerned determines is not, or will not be, historically significant
pursuant to an assessment under such paragraph, the Secretary
concerned shall—
‘‘(A) conduct an assessment of the condition of such facility;
‘‘(B) make an initial determination of whether such facility
will be modernized or demolished during such 25-year period;
and
H. R. 5009—483
‘‘(C) submit to the digital facilities management system
of the military department under the jurisdiction of such Sec-
retary—
‘‘(i) the results of the assessment under subparagraph
(A); and
‘‘(ii) the initial determination required by subparagraph
(B).
‘‘(3) If, during the course of any assessment of a facility
described in paragraph (1), the Secretary concerned changes a deter-
mination with respect to the historic significance of the facility
or plans of such Secretary to modernize or demolish the facility,
such Secretary shall revise the information submitted to the
applicable digital facilities management system pursuant to
subparagraph (C) of paragraph (2).
‘‘(e) ANNUAL BRIEFING.—(1) Along with the budget for fiscal
year 2027 submitted by the President pursuant to section 1105(a)
of title 31, United States Code, and on an annual basis thereafter,
each Secretary concerned shall provide to congressional defense
committees a briefing on—
‘‘(A) the strategy required by subsection (a); and
‘‘(B) the results of the assessments required by subsections
(b) and (d).
‘‘(2) Each such briefing shall include—
‘‘(A) a summary of the existing authorities of each Secretary
concerned to demolish the facilities covered by such strategy;
‘‘(B) a plan to implement such strategy; and
‘‘(C) recommendations of each such Secretary with respect
to reducing—
‘‘(i) the inventory of facilities in poor or failing condition
under the uniform index developed under section 2838
of the National Defense Authorization Act for Fiscal Year
2024 (Public Law 118–31); and
‘‘(ii) the total cost to the United States to maintain
the facilities covered by the assessment required by sub-
section (b) of such section.’’.
(b) TECHNICAL CORRECTION.—Section 2104 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117–263) is amended—
(1) in the heading, by striking ‘‘QUARTERS 4, 13, AND 15’’
and inserting ‘‘QUARTERS 13, 14, AND 15’’; and
(2) by striking ‘‘Quarters 4, 13, and 15’’ and inserting
‘‘Quarters 13, 14, and 15’’.
SEC. 2823. APPLICATION OF CERTAIN AUTHORITIES AND STANDARDS
TO HISTORIC MILITARY HOUSING AND ASSOCIATED HIS-
TORIC PROPERTIES OF THE DEPARTMENT OF THE ARMY.
(a) IN GENERAL.—Subchapter II of chapter 169 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2839. Application of certain authorities and standards to
historic military housing and associated historic
properties of the Department of the Army
‘‘(a) APPLICATION OF CERTAIN AUTHORITY TO CAPEHART AND
WHERRY ERA ARMY MILITARY FAMILY HOUSING.—The Secretary
of the Army, in satisfaction of requirements under division A of
subtitle III of title 54 (commonly referred to as the ‘National Historic
H. R. 5009—484
Preservation Act’), may apply the authority and standards contained
in the document titled ‘Program Comment for Capehart and Wherry
Era Army Family Housing and Associated Structures and Land-
scape Features (1949-1962)’ (published on June 7, 2002) (67 Fed.
Reg. 39332) to all military housing (including privatized military
housing under subchapter IV of this chapter) constructed during
the period beginning on January 1, 1941, and ending on December
31, 1948, located on a military installation under the jurisdiction
of the Secretary of the Army.
‘‘(b) TEMPORARY
APPLICATION
OF
CERTAIN
AUTHORITY
TO
VIETNAM WAR ERA ARMY MILITARY HOUSING.—During the period
beginning on the date of the enactment of the Military Construction
Act for Fiscal Year 2025 and ending on December 31, 2045, the
Secretary of the Army, in satisfaction of requirements under division
A of subtitle III of title 54 (commonly referred to as the ‘National
Historic Preservation Act’), may apply the authority and standards
contained in the document titled ‘Program Comment for Vietnam
War Era Historic Housing, Associated Buildings and Structures,
and Landscape Features (1963-1975)’ (published on May 4, 2023)
(88 Fed. Reg. 28573) to all military housing (including privatized
military housing under subchapter IV of this chapter) constructed
after 1975 located on a military installation under the jurisdiction
of the Secretary of the Army.
‘‘(c) REPORT.—As part of each report of the Army required
under section 3(c) of Executive Order 13287 (54 U.S.C. 306101
note), the Secretary of the Army shall submit to the Advisory
Council on Historic Preservation a report on the implementation
of this section.
‘‘(d) RULE
OF CONSTRUCTION.—Nothing in this section may
be construed to preclude or require the amendment of the docu-
ments of the Office of the Assistant Secretary of the Army for
Installations, Energy and Environment described in subsection (a)
and (b) by the Secretary of the Army or the chair of the Advisory
Council on Historic Preservation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2838 the following new item:
‘‘2839. Application of certain authorities and standards to historic military housing
and associated historic properties of the Department of the Army.’’.
SEC. 2824. EXTENSION OF APPLICABILITY FOR WAIVERS OF COVERED
PRIVACY AND CONFIGURATION STANDARDS FOR COV-
ERED MILITARY UNACCOMPANIED HOUSING.
Paragraph (4) of section 2856a(a) of title 10, United States
Code, is amended by striking ‘‘9 months’’ and inserting ‘‘15 months’’.
SEC. 2825. ADDITIONAL REQUIREMENTS FOR DATABASE OF COM-
PLAINTS MADE REGARDING HOUSING UNITS OF DEPART-
MENT OF DEFENSE.
(a) IN GENERAL.—Section 2894a of title 10, United States Code,
is amended—
(1) in subsection (a) by striking ‘‘regarding housing units’’
and inserting ‘‘by a tenant regarding covered dwelling units’’;
(2) in subsections (c) and (d) by striking ‘‘housing unit’’
each place it appears and inserting ‘‘covered dwelling unit’’;
and
(3) by inserting after subsection (e) the following new sub-
section:
H. R. 5009—485
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered armed force’ means the Army, Navy,
Marine Corps, Air Force, or Space Force.
‘‘(2) The term ‘covered dwelling unit’ means a unit of accom-
panied family housing, unaccompanied housing, or barracks—
‘‘(A) that is acquired or constructed pursuant to sub-
chapter IV of chapter 169 of this title;
‘‘(B) in which a member of a covered armed force
resides; and
‘‘(C) that such member does not own.
‘‘(3) The term ‘tenant’ means any of the following:
‘‘(A) A member of a covered armed force who resides
in a covered dwelling unit.
‘‘(B) A dependent of a member described in subpara-
graph (A) who resides in a covered dwelling unit.’’.
(b) TEMPORARY ANNUAL REPORT.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, and annually thereafter for three
years, the Deputy Assistant Secretary of Defense for Housing
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate, and make available to each
Secretary of a military department, an annual report that
includes, with respect to the year covered by such report—
(A) a summary of the data collected using the database
established under section 2894a(a) of title 10, United States
Code (as amended by subsection (a));
(B) an aggregation of the complaints categorized by
type, in accordance with paragraph (2), and military
installation, if applicable; and
(C) the actions taken to remedy complaints received
during the period covered by such report.
(2) TYPE OF COMPLAINTS.—In categorizing complaints by
type pursuant to paragraph (1)(B), the Deputy Assistant Sec-
retary shall aggregate complaints based on the following cat-
egories:
(A) Physiological hazards, including dampness and
mold growth, lead-based paint, asbestos and manmade
fibers, radiation, biocides, carbon monoxide, and volatile
organic compounds.
(B) Psychological hazards, including ease of access by
unlawful intruders, faulty locks or alarms, and lighting
issues.
(C) Safety hazards.
(D) Maintenance timeliness.
(E) Maintenance quality.
SEC. 2826. DIGITAL SYSTEM FOR SUBMISSION OF MAINTENANCE WORK
ORDER REQUESTS FOR COVERED MILITARY UNACCOM-
PANIED HOUSING REQUIRED.
(a) IN GENERAL.—Subsection (b) of section 2837 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31; 10 U.S.C. note prec. 2851) is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new para-
graph (2):
H. R. 5009—486
‘‘(2) a digital system through which residents of covered
military unaccompanied housing may submit to individuals
responsible for the management of such housing requests for
maintenance work orders;’’.
(b) DEADLINE.—The Secretary of Defense shall issue guidance
with respect to the requirements of such subsection (as amended
by subsection (a)) not later than 60 days after the date of the
enactment of this Act.
SEC. 2827. MODIFICATION TO DEFINITION OF PRIVATIZED MILITARY
HOUSING.
Section 3001(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2821 note)
is amended by striking ‘‘military housing provided’’ and inserting
‘‘military housing that is not Government-owned or Government-
controlled that is provided’’.
SEC. 2828. ANALYSIS OF HOUSING AVAILABILITY FOR CRITICAL
CIVILIAN AND CONTRACTOR PERSONNEL NEAR RURAL
MILITARY INSTALLATIONS.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall revise
the Department of Defense Manual 4165.63–M titled ‘‘DoD Housing
Management’’ issued October 28, 2010, to require an analysis of
the availability of suitable housing located in close proximity to
a military installation in a rural area for civilian personnel and
defense contractors that provide critical functions for the operations
of such military installation, as determined by the Secretary.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘military installation’’ has the meaning given
such term in section 2801 of title 10, United States Code.
(2) The term ‘‘rural area’’ has the meaning given such
term in section 2391 of such title.
SEC. 2829. DIGITAL FACILITIES MANAGEMENT SYSTEMS FOR MILITARY
DEPARTMENTS.
(a) DIGITAL FACILITIES MANAGEMENT SYSTEMS FOR MILITARY
DEPARTMENTS.—
(1) CRITERIA.—Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary of Defense
for Energy, Installations, and Environment, in coordination
with each covered Assistant Secretary, shall develop criteria
for a new or established digital facilities management system
for each military department. Each such system shall have
the capability to, with respect to each military installation—
(A) track conditions of individual facilities, applying
the uniform index developed under section 2838 of the
National Defense Authorization Act for Fiscal Year 2024
(Public Law 118–31), for each military installation under
the jurisdiction of each such covered Assistant Secretary;
(B) plan for maintenance actions for each facility; and
(C) generate reports that include data on—
(i) the type and function of each facility;
(ii) the overall condition of each facility;
(iii) planned maintenance for each facility during
a five-year period following the date of submission
of the criteria;
H. R. 5009—487
(iv) conditions that may lead to a failure to main-
tain minimum physical security or configuration stand-
ards for members of the Armed Forces during the
12-month period following the date of submission of
the criteria; and
(v) the date on which the facility will have been
in use for 40 years.
(2) BRIEFING.—Not later than 30 days after the date on
which the Assistant Secretary of Defense for Energy, Installa-
tions, and Environment develops the criteria required under
paragraph (1), the Assistant Secretary shall provide to the
congressional defense committees a briefing on such criteria.
(3) IMPLEMENTATION.—Not later than one year after the
date on which the Assistant Secretary of Defense for Energy,
Installations, and Environment develops the criteria required
under paragraph (1), each covered Assistant Secretary shall
implement a digital facilities management system for the mili-
tary department under the jurisdiction of that covered Assistant
Secretary that meets the criteria described in paragraph (1).
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered Assistant Secretary’’ means—
(A) the Assistant Secretary of the Army for Installa-
tions, Energy, and Environment;
(B) the Assistant Secretary of the Navy for Energy,
Installations, and Environment; and
(C) the Assistant Secretary of the Air Force for Installa-
tions, Environment, and Energy.
(2) The term ‘‘facility’’ has the meaning given in section
2801 of title 10, United States Code.
(3) The term ‘‘military department’’ has the meaning given
in section 101 of such title.
(4) The term ‘‘military installation’’ has the meaning given
in section 2801 of such title.
SEC. 2830. STRATEGY FOR USE OF EXISTING LEASING AUTHORITIES
TO
ADDRESS
SHORTAGES
OF
COVERED
MILITARY
UNACCOMPANIED HOUSING REQUIRED.
(a) STRATEGY REQUIRED.—
(1) IN GENERAL.—Each Secretary of a military department
shall develop a strategy to use the authorities of such Secretary,
in effect as of such date, to lease, operate, maintain, or other-
wise contract for real property to address shortages of covered
military unaccompanied housing.
(2) ELEMENTS.—Each strategy required by paragraph (1)
shall include, with respect to military installations under the
jurisdiction of the Secretary of the military department con-
cerned—
(A) an identification of military installations with the
largest shortages of covered military unaccompanied
housing;
(B) an identification of military installations where
existing facilities of covered military unaccompanied
housing are in poor or failing condition under the uniform
index for evaluating the condition of covered military
unaccompanied housing required by section 2838 of the
National Defense Authorization Act for Fiscal Year 2024
(Public Law 118–31; 10 U.S.C. note prec. 2851);
H. R. 5009—488
(C) plans of such Secretary in effect as of the date
of the enactment of this Act to address shortages of covered
military unaccompanied housing or the condition of facili-
ties of covered military unaccompanied housing using—
(i) military construction projects; or
(ii) facilities sustainment, restoration, or mod-
ernization funds; and
(D) an assessment of whether the leasing authority
under section 2661 of title 10, United States Code, long-
term facilities contracting authority section 2809 of such
title, lease-purchase authority under section 2812 of such
title, or intergovernmental support agreements under sec-
tion 2679 of such title would be suitable for use by such
Secretary to address—
(i) shortages of covered military unaccompanied
housing; or
(ii) the poor or failing condition of a facility of
covered military unaccompanied housing.
(3) DEADLINE.—Each Secretary of a military department
shall submit to the congressional defense committees a report
that includes the strategy required by subsection (a) not later
than 180 days after the date of the enactment of this Act.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered military unaccompanied housing’’
has the meaning given such term in section 2856 of title 10,
United States Code.
(2) The terms ‘‘facility’’ and ‘‘military construction project’’
have the meanings given such terms, respectively. in section
2801 of such title.
SEC. 2831. INDEPENDENT ASSESSMENT OF ESTIMATED COSTS OF CER-
TAIN STRATEGIES TO ADDRESS SHORTAGES OF COVERED
MILITARY UNACCOMPANIED HOUSING.
(a) AGREEMENT.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with an FFRDC for an assessment
that compares the estimated total cost to the United States during
the 20-year period beginning on the date of the enactment of this
Act of—
(1) the construction and maintenance of facilities of covered
military unaccompanied housing to address shortages in cov-
ered military unaccompanied housing; and
(2) the modification of policies of the Department of Defense
and each military department to permit a greater number
of members of the Armed Forces to reside in housing facilities
other than covered military unaccompanied housing (including
such policies relating to the payment of basic allowance for
housing under section 403 of title 37, United States Code).
(b) REPORT ON ASSESSMENT.—An FFRDC that enters into an
agreement under subsection (a) shall submit to the Secretary of
Defense a report on such assessment. Such report shall include—
(1) a comprehensive review of—
(A) the total life-cycle costs, disaggregated by each
military department, of the construction, sustainment, and
modernization of facilities of covered military unaccom-
panied housing to meet—
H. R. 5009—489
(i) the needs for housing for members of the Armed
Forces on and after the date of the enactment of this
Act; and
(ii) the projected needs for such housing during
the 20-year period beginning on the date of the enact-
ment of this Act, as determined by each Secretary
concerned;
(B) the applicable policies of each military department
with respect to which members of the Armed Forces are
required to reside in covered military unaccompanied
housing; and
(C) for each military department, the expected expendi-
ture for basic allowance for housing under section 403
of title 37, United States Code, during the 20-year period
beginning on the date of the enactment of this Act com-
pared to such total life-cycle costs;
(2) a summary of the research and other activities carried
out as part of such comprehensive review; and
(3) recommendations of the FFRDC with respect to require-
ments and policies of the Department of Defense and each
military department for covered military unaccompanied
housing.
(c) SUBMISSION TO CONGRESS.—
(1) IN GENERAL.—Not later than 30 days after the date
on which the Secretary of Defense receives the report under
subsection (b), the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the
Senate a report that includes—
(A) an unaltered copy of the report of the FFRDC
submitted to the Secretary of Defense pursuant to sub-
section (b); and
(B) the written responses of the Secretary of the
Defense and each Secretary of a military department with
respect to the results of such report.
(2) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered military unaccompanied housing’’
has the meaning given such term in section 2856 of title 10,
United States Code.
(2) The term ‘‘facility’’ has the meaning given such term
in section 2801 of such title.
(3) The term ‘‘FFRDC’’ means a federally funded research
and development center.
Subtitle C—Real Property and Facilities
Administration
SEC.
2841.
MINIMUM
CAPITAL
INVESTMENT
FOR
FACILITIES
SUSTAINMENT, RESTORATION, AND MODERNIZATION.
(a) IN GENERAL.—Chapter 159 of title 10, United States Code,
is amended by inserting after section 2679 the following new section:
H. R. 5009—490
‘‘§ 2680.
Minimum
capital
investment
for
facilities
sustainment, restoration, and modernization for
military departments
‘‘(a) MINIMUM INVESTMENT.—Beginning in fiscal year 2027, and
each fiscal year thereafter, each Secretary of a military department
shall—
‘‘(1) calculate (in accordance with subsection (b)) the cumu-
lative plant replacement value of the total inventory of facilities
on each military installation under the jurisdiction of the Sec-
retary concerned; and
‘‘(2) invest in the budget for facilities sustainment, restora-
tion, and modernization of that military department, a total
amount equal to not less than the percentage specified in
subsection (c) of the cumulative plant replacement value
described in paragraph (1).
‘‘(b) EXCLUSION.—In making any calculation pursuant to para-
graph (1) of subsection (a), each Secretary of a military department
shall exclude any facility under the jurisdiction of such Secretary
that is scheduled for demolition during the two-year period begin-
ning after the date of such calculation.
‘‘(c) PERCENTAGE SPECIFIED.—The percentage of the specified
in this subsection is—
‘‘(1) for fiscal year 2027, 1.75 percent;
‘‘(2) for fiscal year 2028, 2.5 percent;
‘‘(3) for fiscal year 2029, 3.25 percent; and
‘‘(4) for fiscal year 2030 and each subsequent fiscal year,
4 percent.
‘‘(d) CERTIFICATION.—As part of the annual budget submission
of the President under section 1105(a) of title 31, each Secretary
of each military department shall include—
‘‘(1) a certification to the congressional defense committees
that the military department is in compliance with this section;
and
‘‘(2) a list of facilities under the jurisdiction of that Sec-
retary, disaggregated by military installation and location, that
are scheduled for demolition during the two-year period begin-
ning after the date of the submission of such budget, which
shall include cost and schedule estimates.
‘‘(e) PLANT REPLACEMENT VALUE DEFINED.—In this section,
the term ‘plant replacement value’ means, with respect to a facility,
the cost to replace such facility using construction costs (including
labor and materials) and standards (including methodologies and
codes) in effect as of the date such cost is calculated.’’.
(b) BRIEFING REQUIRED.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on—
(1) the plan of the Secretary of Defense to meet the require-
ments under section 2680 of title 10, United States Code,
as added by this section;
(2) the investments made by each Secretary of a military
department under such section 2680 during the period covered
by the briefing; and
(3) the methodology of the Secretary of Defense for distrib-
uting amounts to provide funding for facilities sustainment,
restoration, and modernization projects pursuant to such sec-
tion 2680.
H. R. 5009—491
SEC. 2842. ASSISTANCE FOR PUBLIC INFRASTRUCTURE PROJECTS AND
SERVICES.
Section 2391(b)(5)(B) of title 10, United States Code, is
amended—
(1) in the matter preceding clause (i), by inserting ‘‘or
local government’’ after ‘‘a State’’;
(2) in clause (ii), by striking ‘‘and’’ at the end;
(3) in clause (iii), by striking the period at the end and
inserting ‘‘; and’’; and
(4) by adding at the end the following new clause:
‘‘(iv) to support public infrastructure projects and serv-
ices that enhance the capabilities and resilience of the
defense industrial base and the defense industrial base
workers, if the Secretary determines such support will
improve operations of the Department of Defense.’’.
SEC. 2843. CONTRACTS FOR DESIGN AND CONSTRUCTION OF FACILI-
TIES OF DEPARTMENT OF DEFENSE.
Subchapter I of chapter 169 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2818. Contracts for design and construction of facilities
of Department of Defense
‘‘(a) IN GENERAL.—The head of an element of the Department
of Defense (as defined in section 111(b) of this title) may award
a contact to any other such element for the design and construction
of facilities of the Department of Defense, including facility mainte-
nance and repair projects and unspecified minor military construc-
tion projects under section 2805 of this title, on a reimbursable
basis.
‘‘(b) CONSIDERATION AS AN OBLIGATION.—A contract awarded
under subsection (a) by such head shall be considered to be an
obligation of such head in the same manner as a similar order
or contract placed by such head with a private entity.
‘‘(c) LIMITATION.—An awardee of a contract under subsection
(a) may include an amount equal to not more than 10 percent
of the proposed value of the contract for contingency expenses.’’.
SEC. 2844. INDUSTRIAL PLANT EQUIPMENT AND ASSOCIATED SERV-
ICES AS IN-KIND CONSIDERATION UNDER LEASES OF
NON-EXCESS PROPERTY.
Section 2667(c)(1) of title 10, United States Code—
(1) in subparagraph (A), by inserting before the period
at the end the following: ‘‘, whether or not needed for the
functionality of the property or facility leased’’;
(2) in subparagraph (F), by inserting before the period
at the end the following: ‘‘, which may include industrial process
optimization’’; and
(3) by adding at the end the following new subparagraphs:
‘‘(G) Refurbishment of existing industrial plant equipment
on the leased property.
‘‘(H) Removal and replacement of industrial plant equip-
ment on the leased property that is at or near end-of-life.
‘‘(I) Provision of new industrial plant equipment on the
leased property (including new technology), installation of such
equipment, and maintenance of such equipment, but only if
the title to such equipment passes to the Federal Government.’’.
H. R. 5009—492
SEC. 2845. INCLUSION OF TRIBAL GOVERNMENTS IN INTERGOVERN-
MENTAL SUPPORT AGREEMENTS FOR INSTALLATION-
SUPPORT SERVICES.
Section 2679 of title 10, United States Code, is amended by
striking ‘‘State or local government’’ each place it appears and
inserting ‘‘State, local, or tribal government’’.
SEC. 2846. TEMPORARY MODIFICATION TO AUTHORITY TO CHARGE
LANDING FEES FOR THE USE BY CIVIL AIRCRAFT OF MILI-
TARY AIRFIELDS.
(a) TEMPORARY MODIFICATION.—Section 2697 of title 10, United
States Code, is amended—
(1) in the section heading, by striking ‘‘domestic’’; and
(2) in subsection (a), by striking ‘‘domestic’’.
(b) EFFECTIVE DATE.—Effective October 1, 2027, such section
2697 is amended—
(1) in the section heading, by inserting ‘‘domestic’’ before
‘‘military airfields’’; and
(2) in subsection (a), by inserting ‘‘domestic’’ before ‘‘mili-
tary airfields’’.
SEC. 2847. STORMWATER MANAGEMENT, SHORELINE EROSION CON-
TROL,
AND
WATER
RESILIENCE
PROJECTS
FOR
INSTALLATIONS AND DEFENSE ACCESS ROADS.
(a) IN GENERAL.—Section 2815a of title 10, United States Code,
is amended—
(1) by amending the section heading to read as follows:
‘‘Stormwater management, shoreline erosion control, and
water resilience projects for installations and defense
access roads’’;
(2) by amending subsection (a) to read as follows:
‘‘(a) PROJECTS AUTHORIZED.—The Secretary concerned may
carry out one or more of the following projects on or related to
a military installation:
‘‘(1) A stormwater management project for the purposes
of—
‘‘(A) improving military installation resilience or the
resilience of a defense access road or other essential civilian
infrastructure supporting a military installation; and
‘‘(B) protecting nearby waterways and stormwater-
stressed ecosystems.
‘‘(2) A shoreline erosion control project for the purpose
of improving, protecting, or repairing shoreline to protect the
infrastructure of a military installation or a defense access
road.
‘‘(3) A project to provide water storage and filtration, flood
mitigation, or otherwise support water resilience.’’;
(3) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘stormwater management’’;
(B) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(C) by inserting after paragraph (4) the following:
‘‘(5) A military installation resilience project under section
2684a of this title.’’;
(4) by amending subsection (c) to read as follows:
H. R. 5009—493
‘‘(c) PROJECT PRIORITIES.—In selecting projects to be carried
out under this section, the Secretary concerned shall give a priority
to a project proposal that—
‘‘(1) minimizes the runoff of untreated stormwater into
freshwater systems or tidal systems;
‘‘(2) protects military installations and defense access roads
from stormwater runoff and water levels resulting from extreme
weather conditions;
‘‘(3) controls shoreline erosion control that involve the
improvement, protection, or repair of shoreline subject to wave
action or stormwater runoff and water levels resulting from
extreme weather condition; or
‘‘(4) supports water resilience at military installations.’’;
(5) in subsection (d)—
(A) in the matter preceding paragraph (1), by striking
‘‘stormwater management’’;
(B) in paragraph (1), by striking ‘‘and retention meas-
ures’’ and inserting ‘‘, retention, or filtration measures to
address storm water management’’; and
(C) by adding at the end the following new paragraphs:
‘‘(4) The capture or storage of stormwater for use in sup-
porting water resilience at a military installation.
‘‘(5) The use of sheet piles, riprap, armor stone, sea walls,
natural plantings, or any other technologies created to address
shoreline erosion control.’’;
(6) in subsection (e)—
(A) by striking ‘‘In the case of’’ and inserting ‘‘(1) In
the case of’’;
(B) by striking ‘‘stormwater management’’;
(C) by striking ‘‘section 2391(d),’’ and inserting ‘‘section
2391, 2684,’’; and
(D) by adding at the end the following new paragraph:
‘‘(2) The Assistant Secretary of Defense for Energy, Installa-
tions, and Environment shall designate an official to be responsible
for coordinating projects under this section among the military
departments.’’;
(7) in subsection (f)—
(A) by striking ‘‘stormwater management’’ each place
it appears; and
(B) in paragraph (2)(B)—
(i) in clause (i), by striking ‘‘; and’’ and inserting
a semicolon;
(ii) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following new clauses:
‘‘(iii) improve, protect, or repair shoreline to protect
infrastructure of a military installation or a defense access
road from shoreline erosion; or
‘‘(iv) provide water storage and filtration, flood mitiga-
tion, or otherwise support water resilience.’’; and
(8) in subsection (g), by adding at the end the following:
‘‘(6) The term ‘water resilience’ means the capacity of a
military installation to mitigate, respond, or adapt to changes
in water availability due to manmade or natural phenomena.’’.
(b) TECHNICAL AMENDMENT.—Section 2815a(g)(4) of title 10,
United States Code, is amended by striking ‘‘section 101(e)(8)’’
and inserting ‘‘section 101’’.
H. R. 5009—494
SEC. 2848. PILOT PROGRAM TO OPTIMIZE AND CONSOLIDATE DEPART-
MENT OF DEFENSE FACILITIES TO IMPROVE HEALTH AND
RESILIENCY IN DEFENSE COMMUNITIES.
(a) ESTABLISHMENT.—Using funds available for minor military
construction, the Secretary of Defense may conduct a pilot program
to—
(1) conduct a study to assess the feasability and effective-
ness of the implementation of a more comprehensive initiative
to optimize the total square footage of facilities maintained
by the Department of Defense; and
(2) subject to the requirements of subsection (b) carry out
military construction projects, not otherwise authorized by law,
to—
(A) optimize and consolidate facilities, including leased
facilities, to ensure the scale and scope of the infrastructure
footprint of such facilities aligns with the operational needs
of the Department; and
(B) create more resilient and healthy communities
located on military installations.
(b) MILITARY CONSTRUCTION PROJECTS AUTHORIZED.—
(1) REQUIREMENTS.—The Secretary may carry out a mili-
tary construction project under such pilot program if—
(A) the facilities subject to such a military construction
project are occupied as of the date of the commencement
of such military construction project;
(B) except as provided in paragraph (2), such facilities
are demolished pursuant to such military construction
project;
(C) in the case of a facility subject to such a military
construction project that is leased by the Department, the
Secretary terminates the lease for such facility, expect as
provided in paragraph (2); and
(D) the military construction project will result in new
facilities that have at least 20 percent less square footage
(or equivalent unit of measure) than the facilities subject
to such military construction project;
(E) the Secretary conducts an economic analysis of
the military construction project that accounts for antici-
pated cost requirements for the design, construction,
sustainment, restoration, modernization, operation, and
demolition of new and existing facilities subject to such
military construction project; and
(F) the results of such economic analysis support a
positive net present value over a 20-year period.
(2) EXCEPTION.—The requirements of subparagraphs (B)
and (C) of paragraph (1) shall not apply to a facility that
is subject to a military construction project under the pilot
program if the Secretary determines that such facility will
be an integral part of new facilities constructed pursuant to
such military construction project.
(3) PROJECT COST.—A military construction project carried
out under such pilot program may not exceed a total cost
of $25,000,000.
(4) LIMITATION.—Not more than five military construction
projects may be carried out under the pilot program.
(c) CONGRESSIONAL NOTIFICATION.—
H. R. 5009—495
(1) IN GENERAL.—Not later than 14 days before awarding
a contract for a military construction project under such pilot
program, the Secretary shall submit to the congressional
defense committees notice of such military construction project.
(2) ELEMENTS.—Such notice shall include, with respect to
the military construction project covered by such notice—
(A) the justification and current cost estimate;
(B) the expected savings-to-investment ratio;
(C) simple payback estimates;
(D) the measurement and verification cost estimate;
and
(E) a description of how the project would improve
the functions of the supported military department and
the efficient management of real property of the Depart-
ment of Defense.
(d) REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this section, the Secretary shall submit
to the congressional defense committees a report on completed
military construction projects carried out pursuant to the pilot
program.
(2) ELEMENTS.—Such report shall include, for each military
construction project covered by the report, the following:
(A) The title and location of the military construction
project, a brief description of the scope of work, the original
project cost estimate, and the completed total project cost.
(B) The original expected savings-to-investment ratio,
simple payback estimates included in the notice required
under subsection (c), annual recurring savings, 20-year net
present value, annual return on investment, and measure-
ment and verification cost estimate.
(C) The actual savings-to-investment ratio, and simple
payback estimates, annual recurring savings, 20-year net
present value, annual return on investment, and measure-
ment and verification cost estimate.
(D) A brief description of the measurement and
verification plan and planned funding source, to include
the net change in the square footage (or other unit of
measure) reduction accomplished by the military construc-
tion project.
(E) How the military construction project improved
the functions of and the efficient management of real prop-
erty by the supported military department or entity using
the applicable facility.
(F) Such other information as the Secretary considers
appropriate.
(e) SUNSET.—
(1) TERMINATION DATE.—Except as provided in paragraph
(2), the authority of the Secretary to carry out a military
construction project under the pilot program shall terminate
on the date that is three years after the date of the enactment
of this section.
(2) EXCEPTION.—If the Secretary submits a congressional
notification under subsection (d) before the date that is three
years after the date of the enactment of this section, the covered
project that is the subject of such notification may be carried
out to completion.
H. R. 5009—496
(f) DEFINITIONS.—In this section, the terms ‘‘facility’’ and ‘‘mili-
tary construction project’’ have the meanings given such terms,
respectively, in section 2801 of title 10, United States Code.
SEC. 2849. GUIDANCE REGARDING MAINTENANCE OF AGGREGATE
SQUARE FOOTAGE OF FACILITIES OF DEPARTMENT OF
DEFENSE.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance regarding the maintenance of the aggregate square footage
of facilities of the Department of Defense, which shall be designated
as ‘‘1 in 1 out guidance’’, pursuant to the requirements of this
section.
(b) MAINTENANCE
OF SQUARE FOOTAGE.—Guidance required
under subsection (a) shall ensure that every square footage of
growth of a facility is offset with an equivalent reduction in square
footage by—
(1) a funded disposal action; or
(2) identifying facilities to be entered into a contingency
operational status.
(c) DOCUMENTATION.—Upon completion of the design phase of
a project that results in the growth of a facility, the Secretary
of Defense shall update the Department of Defense Form 1391
for such project to identify the reduction in square footage to accom-
pany such increase.
(d) SUBMISSION.—Not later than 15 days after the date of
submission of the defense budget materials for fiscal year 2026
(as submitted to Congress in support of the budget of the President
under section 1105(a) of title 31, United States Code), and for
each subsequent submission thereafter, each Secretary of a military
department shall submit to the congressional defense committees—
(1) a list of facilities scheduled for a disposal action
described in subsection (b) for the fiscal year covered by the
submission and the subsequent fiscal year; and
(2) a list of facilities, disaggregated by military installation,
for which a disposal action has been completed during the
fiscal year preceding the date of the submission.
(e) APPLICATION.—This section and the requirements of this
section shall apply to—
(1) military construction or unspecified minor military
construction (as defined under section 2805 of title 10, United
States Code) funded in fiscal year 2027 or a subsequent fiscal
year; and
(2) other sources of growth on or after the date of the
enactment of this Act.
(f) EXCEPTIONS.—This section and the requirements of this
section do not apply to the following:
(1) The Sentinel intercontinental ballistic missile weapon
system program.
(2) Public shipyards covered by the Shipyard Infrastructure
Optimization Program.
(3) MHPI housing (as defined under section 606 of the
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. 2871 note).
(g) GROWTH OF A FACILITY DEFINED.—In this section, the term
‘‘growth of a facility’’ means, with respect to a facility (as defined
H. R. 5009—497
in section 2801 of title 10, United States Code), an increase in
the square footage of such facility due to—
(1) carrying out a military construction project or an
unspecified minor military construction project (pursuant to
section 2805 of title 10, United States Code);
(2) acquisition of an existing facility on land owned by
a military department;
(3) a gift of construction;
(4) construction of a facility carried out through the use
of nonappropriated funds, private funds, or family housing
funds, if the facility will be sustained with appropriated oper-
ation and maintenance funds; or
(5) the use of appropriated funds to sustain a facility that
was previously sustained with nonappropriated funds, private
funds, or family housing funds.
SEC. 2850. EXPENDITURES ON LEASED FACILITIES AND REAL PROP-
ERTY OF THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Not later than five years after the date of
the enactment of this Act, the Secretary of Defense shall reduce
expenditures on facilities leased by the Department of Defense
by 25 percent.
(b) REAL PROPERTY MANAGEMENT.—The Secretary of Defense
shall—
(1) publish guidance with respect to—
(A) standards for maximum office space design for
new construction, including space reconfigurations; and
(B) desired average occupancy standards for existing
Department of Defense facilities;
(2) validate utilization rates for existing office space owned
or leased by the Department prior to approving significant
land acquisitions for the Department; and
(3) use building utilization rates to validate new construc-
tion requirements, including efforts of the Department with
respect to reconfiguration.
(c) ANNUAL BRIEFING.—Not later than March 31, 2025, and
annually thereafter until 2027, the Secretary shall provide to the
congressional defense committees a briefing on—
(1) the capacity of real property owned or leased by the
Department of Defense;
(2) the average utilization rates for such real property;
(3) the size and cost of facilities leased by the Department;
and
(4) the plan of the Secretary to satisfy the requirement
under subsection (a).
Subtitle D—Land Conveyances
SEC. 2851. EXTENSION OF EXPANDED AUTHORITY TO CONVEY PROP-
ERTY AT MILITARY INSTALLATIONS.
(a) IN GENERAL.—Section 2869(a)(3)(C) of title 10, United States
Code, is amended by striking ‘‘five-year period’’ and inserting ‘‘eight-
year period’’.
(b) TECHNICAL CORRECTION.—Section 2869(a)(3)(A)(i) of such
title is amended by striking ‘‘2679(e)’’ and inserting ‘‘section 2679(f)’’.
H. R. 5009—498
SEC. 2852. TECHNICAL CORRECTION TO MAP REFERENCE IN THE MILI-
TARY LAND WITHDRAWALS ACT OF 2013.
Subsection (a)(2) of section 2989 of the Military Land With-
drawals Act of 2013 (Public Law 113–66) is amended by striking
‘‘November 30, 2022’’ and inserting ‘‘May 22, 2024’’.
SEC. 2853. LAND CONVEYANCE, BOYLE MEMORIAL ARMY RESERVE
CENTER, PARIS, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to Paris Junior College located in Paris, Texas (in this
section referred to as the ‘‘College’’), all right, title, and interest
of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 4 acres,
known as the former Boyle Memorial Army Reserve Center and
located in Paris, Texas.
(b) CONSIDERATION.—
(1) CONSIDERATION
REQUIRED.—As consideration for the
conveyance under subsection (a), the College shall pay to the
Secretary of the Army an amount equal to not less than the
fair market value of the property to be conveyed, as determined
by the Secretary, which may consist of cash payment, in-kind
consideration as described in paragraph (2), or a combination
thereof.
(2) IN-KIND
CONSIDERATION.—In-kind consideration pro-
vided by the College under paragraph (1) may include—
(A) the acquisition, construction, provision, improve-
ment, maintenance, repair, or restoration (including
environmental restoration), or a combination thereof, of
any property, facilities, or infrastructure; or
(B) the delivery of services relating to the needs of
the Department of the Army that the Secretary considers
acceptable.
(3) CONVEYANCE.—Cash payments received under sub-
section (b) as consideration for the conveyance under subsection
(a) shall be deposited in the special account in the Treasury
established under section 572(b)(5) of title 40, United States
Code.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary of the Army shall
require the College to cover costs to be incurred by the Sec-
retary, or to reimburse the Secretary for such costs incurred
by the Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs for environmental documenta-
tion related to the conveyance, and any other administrative
costs related to the conveyance. If amounts are collected from
the Township in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the College.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the land conveyance under
subsection (a) or, if the period of availability of obligations
for that appropriation has expired, to the appropriations of
a fund that is currently available to the Secretary for the
same purpose. Amounts so credited shall be merged with
H. R. 5009—499
amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by surveys satisfactory to the
Secretary of the Army.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Army may require such additional terms and conditions in connec-
tion with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2854. LAND CONVEYANCE, RIVERDALE PARK, MARYLAND.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the town of Riverdale Park, Mary-
land, all right, title, and interest of the United States in and
to the real property described in subsection (b), for the purposes
of—
(1) creating a new municipal and community center; and
(2) replacing impervious surfaces.
(b) PROPERTY.—The property to be conveyed under this section
consists of approximately 6.63 acres of real property, including
improvements on such real property, located at 6601 Baltimore
Avenue, Riverdale Park, Maryland.
(c) REVERSIONARY INTEREST.—
(1) IN GENERAL.—If the Secretary determines at any time
that the real property conveyed under subsection (a) is not
being used in accordance with the purpose specified in such
subsection, all right, title, and interest in and to the property
shall revert, at the discretion of the Secretary, to the United
States.
(2) DETERMINATION.—A determination by the Secretary
under paragraph (1) shall be made on the record after an
opportunity for a hearing.
SEC. 2855. TRANSFER AUTHORITY, MARE ISLAND NAVAL SHIPYARD,
VALLEJO, CALIFORNIA.
(a) IN GENERAL.—With respect to a transfer of real property
located at the former Mare Island Naval Shipyard, Vallejo, Cali-
fornia to the City of Vallejo (referred to in this section as the
‘‘City’’), made on or after the date of the enactment of this Act,
the Secretary of the Navy (referred to in this section as the ‘‘Sec-
retary’’) may enter into an agreement with the City and the Cali-
fornia State Lands Commission (referred to in this section as ‘‘SLC’’)
if such agreement includes the following terms:
(1) That the City, SLC, and the Governor of California
agree to a deferral of the completion of all environmental
remedial actions necessary to protect human health and the
environment with respect to the real property until after the
date of the transfer.
(2) That additional remedial action found to be necessary
after the date of such transfer shall be conducted by the Sec-
retary.
(3) That the Secretary shall have access to the property
after the date of such transfer for the purpose of conducting
such remedial actions.
(b) TRANSFER.—If the Secretary issues a determination that
the real property described in subsection (a) is suitable for transfer
H. R. 5009—500
to the City, such transfer may be accomplished, with the concur-
rence of the City, using a quitclaim deed or other legal instrument
and upon terms and conditions mutually satisfactory to the Sec-
retary and the City that include—
(1) the terms described in paragraphs (1) through (3) of
subsection (a); and
(2) such additional terms and conditions as the Secretary
considers appropriate to protect the interests of the United
States and that are agreed to by the City.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be transferred under subsection (a)
shall be determined by a survey satisfactory to the Secretary of
the Navy.
(d) SAVINGS CLAUSE.—Nothing in this section shall be construed
to modify any existing rights or obligations of the Secretary, the
City, or any other party with respect to the real property described
in subsection (a) unless specifically provided for in an agreement
described in such subsection.
SEC. 2856. RELEASE OF INTERESTS RETAINED IN CAMP JOSEPH T.
ROBINSON, ARKANSAS.
(a) RELEASE OF RETAINED INTERESTS.—
(1) IN GENERAL.—With respect to a parcel of real property
at Camp Joseph T. Robinson, Arkansas, consisting of approxi-
mately 241.33 acres located in a part of section 2, township
2 north, range 12 west, in Pulaski County, Arkansas, and
comprising a portion of the property conveyed by the United
States to the State of Arkansas for training of the National
Guard and for other military purposes pursuant to ‘‘An Act
authorizing the transfer of part of Camp Joseph T. Robinson
to the State of Arkansas’’, enacted June 30, 1950 (Public Law
81–593), the Secretary of the Army may release the terms
and conditions imposed, and reversionary interests retained,
by the United States under section 2 of such Act, and the
right to reenter and use the property retained by the United
States under section 3 of such Act.
(2) IMPACT ON OTHER RIGHTS OR INTERESTS.—The release
of terms and conditions and retained interests under paragraph
(1) with respect to the parcel described in such paragraph
shall not be construed to alter the rights or interests retained
by the United States with respect to the remainder of the
real property conveyed to the State of Arkansas under the
Act described in such paragraph.
(b) INSTRUMENT
OF RELEASE
OF RETAINED INTERESTS.—The
Secretary of the Army may execute and file in the appropriate
office a deed of release, amended deed, or other appropriate
instrument reflecting the release of terms and conditions and
retained interests under subsection (a).
(c) REIMBURSEMENT; PAYMENT OF ADMINISTRATIVE COSTS.—
(1) PAYMENT REQUIRED.—
(A) IN
GENERAL.—The Secretary of the Army may
require the State of Arkansas to cover costs to be incurred
by the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the release of terms
and conditions and retained interests under subsection (a),
H. R. 5009—501
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the
release.
(B) REFUND OF AMOUNTS.—If amounts paid to the Sec-
retary of the Army by the State of Arkansas in advance
under subparagraph (A) exceed the costs actually incurred
by the Secretary to carry out the release, the Secretary
shall refund the excess amount to the State.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
under paragraph (1) as reimbursement for costs incurred by
the Secretary of the Army to carry out the release of terms
and conditions and retained interests under subsection (a) shall
be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the release.
Amounts so credited shall be merged with amounts in such
fund or account and shall be available for the same purposes,
and subject to the same conditions and limitations, as amounts
in such fund or account.
(d) LEGAL DESCRIPTION OF THE PROPERTY.—The exact acreage
and legal description of the property described in subsection (a)
shall be determined by a survey satisfactory to the Secretary of
the Army.
SEC. 2857. LAND CONVEYANCE, FORT HUACHUCA, SIERRA VISTA,
ARIZONA.
(a) CONVEYANCE AUTHORIZED.—
(1) IN GENERAL.—The Secretary of the Army may convey,
without consideration, to the City of Sierra Vista, Arizona (in
this section referred to as the ‘‘City’’), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approxi-
mately 203 acres, comprising a portion of Fort Huachuca,
Arizona, for the purpose of compatible development of the
municipal airport located in the City.
(2) CONTINUATION OF EXISTING EASEMENTS, RESTRICTIONS,
AND COVENANTS.—The conveyance of the property under para-
graph (1) shall be subject to any easement, restriction, or cov-
enant of record applicable to the property and in existence
on the date of the enactment of this section.
(b) REVERSIONARY INTEREST.—
(1) IN GENERAL.—If the Secretary of the Army determines
at any time that the real property conveyed under subsection
(a) is not being used in accordance with the purpose of the
conveyance specified in such subsection, all right, title, and
interest in and to the property, including any improvements
thereto, may, at the option of the Secretary, revert to and
become the property of the United States, and the United
States may have the right of immediate entry onto such prop-
erty.
(2) DETERMINATION.—A determination by the Secretary of
the Army under paragraph (1) shall be made on the record
after an opportunity for a hearing.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary of the Army shall
require the City to cover all costs (except costs for environ-
mental remediation of the property) to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
H. R. 5009—502
by the Secretary, to carry out the conveyance under subsection
(a), including costs for environmental and real estate due dili-
gence and any other administrative costs related to the convey-
ance.
(2) REFUND OF EXCESS AMOUNTS.—If amounts collected by
the Secretary of the Army from the City under paragraph
(1) in advance exceed the costs actually incurred by the Sec-
retary to carry out the conveyance under subsection (a), the
Secretary shall refund the excess amount to the City.
(d) LIMITATION ON SOURCE OF FUNDS.—The City may not use
Federal funds to cover any portion of the costs required to be
paid by the City under this section.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of
the Army.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Army may require such additional terms and conditions in connec-
tion with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2858. REMOVAL OF CERTAIN CONDITIONS REGARDING CONVEY-
ANCE OF FORMER ARMY–NAVY GENERAL HOSPITAL, HOT
SPRINGS NATIONAL PARK, HOT SPRINGS, ARKANSAS, TO
THE STATE OF ARKANSAS.
(a) CONDITIONS ON REVERSION OF PROPERTY.—
(1) ELIMINATION OF REVERSION.—Notwithstanding section
3 of the Act of September 21, 1959 (Public Law 86–323), the
Secretary of the Army shall, subject to subsection (b), extinguish
by quitclaim deed any reversionary interest retained by the
United States in the Covered Property if—
(A) not later than three years after the date of the
enactment of this Act, the Governor of the State of
Arkansas submits to the Secretary of the Army a written
request to extinguish any reversionary or other future
interest held by the United States in the Covered Property
pursuant to section 3 of the Act of September 21, 1959
(Public Law 86–323); and
(B) the Secretary of the Army, in consultation with
the Administrator of the General Services Administration
and the Secretary of the Interior, concurs in writing with
that request.
(2) REVERSION.—If the Governor of the State of Arkansas
does not submit the written request described in paragraph
(1)(A) before the end of the period specified in that paragraph,
any and all right, title, and interest held by the State of
Arkansas in the Covered Property as evidenced by the Deed
of Conveyance shall revert to the United States in accordance
with section 3 of the Act of September 21, 1959 (Public Law
86–323).Any reversion to the United States will be documented
in a quit claim deed and recorded.
(3) REMOVAL OF USE CONDITIONS.—Section 3(a) of the Act
of September 21, 1959 (Public Law 86–323) is amended by
striking ‘‘as a vocational rehabilitation center or for other public
health or educational purposes’’ and inserting ‘‘in a manner
compatible with the purposes of Hot Springs National Park,
H. R. 5009—503
as jointly determined by the Secretary of the Interior and
the Governor of the State of Arkansas’’.
(4) AUTHORITY TO ACCEPT CONVEYANCE.—The Secretary of
the Interior is authorized to accept a conveyance, at no cost
to the Department of the Interior, of the Covered Property
from the State of Arkansas to the United States of America,
and take custody and control thereof, for restoration to the
Hot Springs National Park.
(b) LIMITATIONS.—
(1) IN GENERAL.—The Secretary of the Army may not—
(A) convey or extinguish under this section any interest
reserved to the United States pursuant to section 2 of
the Act of September 21, 1959 (Public Law 86–323) in—
(i) mineral rights, including gas and oil, together
with necessary rights of ingress, egress, and surface
use;
(ii) thermal and hot waters, together with nec-
essary rights of ingress, egress, and surface use; or
(iii) the location, installation, and relocation of
utility facilities; or
(B) modify the conditions set forth in paragraphs 2,
3, and 4 of the Deed of Conveyance.
(2) CONDITIONS OF EXTINGUISHMENT.—If the Secretary of
the Army extinguishes the reversionary interest in the Covered
Property as provided in subsection (a)(1), as a condition of
the extinguishment, the Secretary shall include a reservation
requiring—
(A) that the State of Arkansas offer to convey the
Covered Property to the Secretary of the Interior, without
consideration, in accordance with subsection (a)(4), prior
to the State conveying the property to any other entity;
and
(B) that any new use or development of the Covered
Property be compatible with the purposes of Hot Springs
National Park, as jointly determined by the Secretary of
the Interior and the Governor of the State of Arkansas.
(3) ADMINISTRATIVE JURISDICTION.—
(A) IN
GENERAL.—If title to the Covered Property
reverts to the United States as provided in subsection
(a)(2), the Secretary of the Army shall transfer administra-
tive jurisdiction over the Covered Property, without consid-
eration, to the Secretary of the Interior, and the property
shall be included in, and administered as part of Hot
Springs National Park.
(B) MEMORANDUM OF UNDERSTANDING.—
(i) ALLOCATION OF COSTS.—As a condition of the
transfer of administrative jurisdiction under subpara-
graph (A), the Secretary of the Army and the Secretary
of the Interior shall enter into a memorandum of
understanding to determine an allocation of the costs
of carrying out all responsibilities of the United States
with respect to the Covered Property, including any
costs of any response action with respect to any
contamination present on the Covered Property.
(ii) TRANSFER.—If, after one year following the
reversion of the Covered Property to the United States
as provided in subsection (a)(2), the Secretary of the
H. R. 5009—504
Army and the Secretary of the Interior have not
entered into a memorandum of understanding to
permit the transfer of administrative jurisdiction over
the Covered Property under subparagraph (A), the Sec-
retary of the Army may transfer administrative juris-
diction under subparagraph (A).
(C) APPLICATION OF CERCLA.—Nothing in this para-
graph may be construed to affect or limit the application
of or obligation to comply with the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.).
(D) REPORT.—Not later than six months after the Cov-
ered Property reverts to the United States as provided
in subsection (a)(2), the Secretary of the Army and the
Secretary of the Interior shall each submit a report to
the Committees on Natural Resources and Armed Services
of the House of Representatives and the Committees on
Energy and Natural Resources and Armed Services of the
United States Senate on the status of entering into a
memorandum of understanding under paragraph (3)(B).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Covered Property’’ means the real property
conveyed by quitclaim deed dated March 10, 1960, between
the United States of America and the State of Arkansas
recorded in the land records of the County of Garland, State
of Arkansas, at Book 480, Page 77.
(2) The term ‘‘Deed of Conveyance’’ means the quitclaim
deed dated March 10, 1960, between the United States of
America and the State of Arkansas recorded in the land records
of the County of Garland, State of Arkansas, at Book 480,
Page 77, used to convey the Covered Property.
SEC. 2859. LAND CONVEYANCE AND AUTHORIZATION FOR INTERIM
LEASE, DEFENSE FUEL SUPPORT POINT SAN PEDRO, LOS
ANGELES, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy (in
this section referred to as the ‘‘Secretary’’), may convey to the
city of Los Angeles or the city of Lomita, all right, title, and
interest of the United States in and to parcels of real property,
including any improvements therein and thereon, known as the
ballfields and the firing range at Naval Weapons Station Seal
Beach, Defense Fuel Support Point, San Pedro, California, as fur-
ther described in subsection (b), for the purposes of permitting
the city of Los Angeles or the city of Lomita (as appropriate)
to use such conveyed parcel of real property for park and rec-
reational activities or law enforcement affiliated purposes. A convey-
ance under this subsection is subject to valid existing rights.
(b) DESCRIPTION OF PROPERTY.—The parcels of real property
that may be conveyed under subsection (a) consists of the following:
(1) The City of Lomita Ballfield Parcel consisting of approxi-
mately 5.7 acres.
(2) The City of Los Angeles Ballfield Parcels consisting
of approximately 15.3 acres.
(3) The firing range located at 2981 North Gaffey Street,
San Pedro, California, consisting of approximately 3.2 acres.
H. R. 5009—505
(c) INTERIM LEASE.—Until such time as any parcel of real
property described in subsection (b) is conveyed to the city of
Los Angeles or the city of Lomita (as appropriate), the Secretary
of the Navy may lease such parcel or a portion of such parcel
to either the city of Los Angeles or the city of Lomita (as appro-
priate) at no cost for a term up to three years. If fee conveyance
described in subsection (a) is not completed within the period of
the lease term with respect to such parcel, the Secretary shall
have no further obligation to make any part of such parcel available
for use by the city of Los Angeles or the city of Lomita (as appro-
priate).
(d) CONSIDERATION.—
(1) CONSIDERATION
REQUIRED.—As consideration for a
conveyance under subsection (a), the city of Los Angeles or
the city of Lomita (as appropriate) shall pay to the Secretary
of the Navy an amount equal to the fair market value of
the property conveyed, as determined by the Secretary, which
may consist of cash payment, in-kind consideration as described
under paragraph (2), or a combination thereof.
(2) IN-KIND
CONSIDERATION.—In-kind consideration pro-
vided by the city of Los Angeles or the city of Lomita (as
appropriate) under this subsection may include—
(A) the acquisition, construction, provision, improve-
ment, maintenance, repair, or restoration (including
environmental restoration), or combination thereof, of any
property, facilities, or infrastructure with proximity to
Naval Weapons Station Seal Beach, that the Secretary
considers acceptable; or
(B) the delivery of services relating to the needs of
Naval Weapons Station Seal Beach that the Secretary con-
siders acceptable.
(3) TREATMENT OF AMOUNTS RECEIVED FOR CONVEYANCE.—
Cash payments received under paragraph (1) as reimbursement
for costs incurred by the Secretary to carry out a conveyance
under subsection (a) shall be credited to the fund or account
used to cover the costs incurred by the Secretary in carrying
out the conveyance or to an appropriate fund or account cur-
rently available to the Secretary for the purposes for which
the costs were paid. Amounts so credited shall be merged
with amounts in such fund or account and shall be available
for the same purposes, and to the same conditions and limita-
tions, as amounts in such fund or account.
(4) PAYMENT OF COSTS OF CONVEYANCE.—The Secretary
shall require the city of Los Angeles or the city of Lomita
(as appropriate) to cover costs (except costs for environmental
remediation of the property) to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out a conveyance under subsection (a),
including costs for environmental and real estate due diligence
and any other administrative costs related to the conveyance
and lease execution.
(5) REFUND OF EXCESS AMOUNTS.—If amounts are collected
from the city of Los Angeles or the city of Lomita under para-
graph (4) in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out a conveyance under
H. R. 5009—506
subsection (a), the Secretary shall refund the excess amount
to the city of Los Angeles or the city of Lomita (as appropriate).
(e) VALUATION.—The values of the property interests to be
conveyed by the Secretary described in subsection (a) shall be
determined by an independent appraiser selected by the Secretary
and in accordance with the Uniform Standards of Professional
Appraisal Practice.
(f) CONDITION
OF CONVEYANCE.—A conveyance under sub-
section (a) shall be subject to all existing easements, restrictions,
and covenants of record and conditioned upon the following:
(1) The parcels of real property described in paragraphs
(1) and (2) of subsection (b) shall be used solely for park
and recreational activities, which may include ancillary uses
such as vending and restrooms.
(2) The parcel of real property described in subsection
(b)(3) shall be used solely for law enforcement affiliated pur-
poses.
(3) The city of Los Angeles or the city of Lomita (as appro-
priate) may not use Federal funds to cover any portion of
the amounts required by subsection (d) to be paid.
(g) EXCLUSION OF REQUIREMENTS FOR PRIOR SCREENING.—Sec-
tion 2696(b) of title 10, United States Code, and the requirements
under title V of the McKinney-Vento Homeless Assistance Act
(Public Law 101–645; 41 U.S.C. 11411) relating to prior screenings
shall not apply to a conveyance under subsection (a) or the grant
of interim lease authorized under subsection (c).
(h) REVERSIONARY INTEREST.—If the Secretary determines at
any time that a parcel of real property conveyed under subsection
(a) is not being used in accordance with the purpose of the convey-
ance specified in this section, all right, title, and interest in and
to the land, including the improvements thereto, shall, at the option
of the Secretary, revert to and become the property of the United
States, and the United States shall have the right of immediate
entry onto such real property. A determination by the Secretary
under this subsection shall be made on the record after an oppor-
tunity for a hearing.
(i) CONVEYANCE AGREEMENT.—A conveyance of land under sub-
section (a) shall be accomplished using a quitclaim deed or other
legal instrument and upon terms and conditions mutually satisfac-
tory to the Secretary and the city of Los Angeles or the city of
Lomita (as appropriate), including such additional terms and condi-
tions as the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2860. LAND CONVEYANCE, FORT BLISS, EL PASO, TEXAS.
(a) CONVEYANCE AUTHORIZED.—
(1) IN GENERAL.—The Secretary of the Army (in this section
referred to as the ‘‘Secretary’’) may convey to El Paso Water
of the Public Service Board in El Paso, Texas (in this section
referred to as ‘‘El Paso Water’’), all right, title, and interest
of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approxi-
mately 45.3 acres, known as the Kay Bailey Hutchison
Desalination Plant, and an adjoining parcel of approximately
20 acres, located at Fort Bliss, Texas, for the purposes of
stormwater flood control for Fort Bliss and the neighboring
area.
H. R. 5009—507
(2) CONTINUATION OF EXISTING EASEMENTS, RESTRICTIONS,
AND COVENANTS.—The conveyance of the property under para-
graph (1) shall be subject to any existing easement, restriction,
and covenant, including the easement numbered DACA63–2–
09–0524 and titled ‘‘Easement for desalination plant, water
pipeline and related support structures in support of a water
supply agreement’’ (in this section referred to as the ‘‘existing
easement’’).
(b) PAYMENT OF FAIR MARKET VALUE.—
(1) IN GENERAL.—As consideration for the conveyance under
subsection (a), El Paso Water shall pay to the Secretary an
amount equal to the fair market value of the property to
be conveyed as determined by the Secretary, which may consist
of cash payment, in-kind consideration as described in para-
graph (2), or a combination thereof.
(2) IN-KIND
CONSIDERATION.—In-kind consideration pro-
vided by El Paso Water under paragraph (1) may include one
or more of the following:
(A) Discounted or stabilized water commodity rates
in accordance with the terms and conditions of any water
service or supply agreement in place on the date of the
enactment of this Act and referenced in the existing ease-
ment.
(B) The delivery of services relating to the needs of
Fort Bliss that the Secretary considers acceptable.
(c) REVERSIONARY INTEREST.—
(1) IN GENERAL.—If the Secretary determines that the prop-
erty conveyed under subsection (a) is not being used in accord-
ance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property,
including any improvements thereto, may, at the option of
the Secretary, revert to and become the property of the United
States, and the United States may have the right of immediate
entry onto such property.
(2) OPPORTUNITY FOR HEARING.—A determination by the
Secretary under paragraph (1) may be made on the record
after an opportunity for a hearing.
(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT
REQUIRED.—The Secretary may require El
Paso Water to cover all costs (except costs for environmental
remediation of the property) to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including costs for appraisals, environmental and real estate
due diligence, and any other administrative costs related to
the conveyance.
(2) REFUND OF EXCESS AMOUNTS.—If amounts are collected
from El Paso Water under paragraph (1) in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance under subsection (a), the Secretary shall
refund the excess amount to El Paso Water.
(e) LIMITATION ON SOURCE OF FUNDS.—El Paso Water may
not use Federal funds to cover any portion of the costs required
to be paid by El Paso Water under this section.
H. R. 5009—508
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2861. CLEANUP AND TRANSFER OF CERTAIN PROPERTY AT
FORMER ARMY INSTALLATION TO EAST BAY REGIONAL
PARK DISTRICT.
The Secretary of the Army, with respect to the approximately
15-acre upland portion of property at the shoreline of the former
installation of the Army in Oakland, California, shall—
(1) in coordination with the California Department of Toxic
Substances Control and the appropriate California Regional
Water Quality Control Board—
(A) endeavor to complete a remedial investigation and
feasibility study in compliance with the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) as soon as practicable;
and
(B) not later than one year after the completion of
such remedial investigation and feasibility study, submit
to the relevant State and Federal regulatory agencies a
draft decision document relating to such remedial investiga-
tion and feasibility study for review; and
(2) complete the final property transfer of that portion
of the property to the East Bay Regional Park District as
soon as all Federal and State environmental standards have
been met.
SEC. 2862. COORDINATION OF REPAIR AND MAINTENANCE OF
KOLEKOLE PASS, HAWAII.
(a) IN GENERAL.—The Secretary of the Army and the Secretary
of the Navy shall jointly coordinate the repair and maintenance,
including any planning for such repair and maintenance, of the
Kolekole Pass, which originates at Schofield Barracks of the Depart-
ment of the Army in Oahu, Hawaii, and ends in Waianae, Hawaii.
(b) INVESTIGATION.—In carrying out subsection (a), the Sec-
retary of the Army and the Secretary of the Navy shall coordinate
with representatives of government entities of the State of Hawaii
to investigate the scope of work and budget requirements to struc-
turally reinforce and repair the Kolekole Pass so it may be used
for emergency egress and ingress by individuals in the event of
an emergency.
(c) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Army and the Secretary
of the Navy shall jointly submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the investigation conducted under paragraph (1).
H. R. 5009—509
Subtitle E—Other Matters
SEC. 2871. CONSIDERATION OF INSTALLATION INFRASTRUCTURE AND
OTHER SUPPORTING RESOURCES BY DEPARTMENT OF
DEFENSE TEST RESOURCE MANAGEMENT CENTER.
(a) CONSIDERATION
OF INSTALLATION INFRASTRUCTURE
AND
OTHER SUPPORTING RESOURCES.—Section 4173(c)(1) of title 10,
United States Code, is amended by adding at the end the following
new subparagraph:
‘‘(F) To the extent practicable, to consult with the Secretary
of the Army on installation infrastructure, workforce require-
ments, information technology, and other resources that support
the activities of the Major Range and Test Facility Base.’’.
(b) TREATMENT OF INFRASTRUCTURE ON KWAJALEIN ATOLL.—
Section 4173 of title 10, United States Code, is amended—
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new sub-
section:
‘‘(i) INFRASTRUCTURE ON KWAJALEIN ATOLL.—Beginning on the
date of the enactment of this subsection and ending on October
1, 2030, for purposes of this section, any infrastructure located
on Kwajalein Atoll that supports the operations of test and evalua-
tion facilities of the Department of Defense shall be considered
to be part of the Army Kwajalein Major Range and Test Facility
Base and subject to the requirements of subsections (e) and (f).’’.
(c) CONFORMING AMENDMENTS.—
(1) TITLE 10.—Section 130i(j)(3)(C)(ix) of title 10, United
States Code, is amended by striking ‘‘sections 4173(i)’’ and
inserting ‘‘section 4173’’.
(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2010.—Section 220(c) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 221 note)
is amended by striking ‘‘sections 4173(i)’’ and inserting ‘‘section
4173’’.
(3) JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2023.—Section 236(g) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117–263; 10 U.S.C. 4001 note) is amended by
striking ‘‘section 4173(i)’’ and inserting ‘‘section 4173’’.
SEC. 2872. DEVELOPMENT AND OPERATION OF THE NAVAL INNOVA-
TION CENTER AT THE NAVAL POSTGRADUATE SCHOOL.
Chapter 855 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 8551. Development and operation of the Naval Innovation
Center at the Naval Postgraduate School
‘‘(a) AUTHORITY TO SUPPORT THE NAVAL INNOVATION CENTER.—
(1) The Secretary of the Navy may enter into a contract or other
agreement with one or more eligible nonprofit organizations for
the design, construction, and maintenance of a multipurpose
facility—
‘‘(A) to be known as the ‘Naval Innovation Center’ (in
this section referred to as the ‘NIC’); and
‘‘(B) to be located at the United States Naval Postgraduate
School.
H. R. 5009—510
‘‘(2) The NIC shall be used—
‘‘(A) to convene interested persons to develop and accelerate
the adoption of new and innovative technologies and practices
for the benefit of the Department of Defense; and
‘‘(B) to support such education, training, research, and
associated activities, as determined by the Secretary, in support
of the Naval Postgraduate School and the Department of
Defense.
‘‘(b) FUNDS.—Under the contract or other agreement described
in subsection (a), the Secretary may—
‘‘(1) accept funds from a partner organization for any phase
of development of the NIC; and
‘‘(2) accept funds, personal property, or services from a
covered entity that is not a partner organization for mainte-
nance of the NIC.
‘‘(c) AUTHORITY TO ACCEPT GIFTS.—(1) The Secretary of the
Navy may accept, hold, administer, and spend any gift, device,
or bequest of real property, personal property, services, or money
on the condition that the gift, device, or bequest be used for the
benefit, or in connection with, the establishment, operation, or
maintenance of the NIC. Section 2601 of this title (other than
subsections (b), (c), and (e) of such section) shall apply to gifts
accepted under this subsection.
‘‘(2) The Secretary may display at the NIC recognition for
an individual or entity that contributes money to a partner
organization or for a corporate partner that contributes money
directly to the Navy for the benefit of the NIC, whether or not
the contribution is subject to the condition that the recognition
be provided. The Secretary shall prescribe regulations governing
the circumstances under which contributor recognition may be pro-
vided, appropriate forms of recognition, and suitable display stand-
ards.
‘‘(3) The Secretary may authorize the sale of donated property
received under paragraph (1). A sale under this paragraph need
not be conducted in accordance with disposal requirements that
would otherwise apply, so long as the sale is conducted at arms-
length and includes an auditable transaction record.
‘‘(4) Any money received under paragraph (1) and any proceeds
from the sale of property under paragraph (3) shall be deposited
into a fund established in the Treasury to support the NIC.
‘‘(d) ADDITIONAL TERMS
AND CONDITIONS.—The Secretary of
the Navy may require such additional terms and conditions in
connection with a contract or other agreement described in sub-
section (a) as the Secretary considers appropriate to protect the
interests of the United States.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered entity’ means—
‘‘(A) an entity incorporated or operating under the laws
of any State; or
‘‘(B) a nonprofit organization.
‘‘(2) The term ‘eligible nonprofit organization’ means an
organization that—
‘‘(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and that is exempt from taxation
under section 501(a) of such Code; and
‘‘(B) has as its primary purpose the support and oper-
ation of the Naval Postgraduate School.
H. R. 5009—511
‘‘(3) The term ‘partner organization’ means an eligible non-
profit organization with which the Secretary of the Navy enters
into a contract or other agreement under subsection (a).’’.
SEC. 2873. EXTENSION OF DEPARTMENT OF THE ARMY PILOT PRO-
GRAM FOR DEVELOPMENT AND USE OF ONLINE REAL
ESTATE INVENTORY TOOL.
Section 2866(h) of the Military Construction Authorization Act
for Fiscal Year 2021 (division B of Public Law 116–283; 10 U.S.C.
7771 note prec.) is amended by striking ‘‘September 30, 2025’’
and inserting ‘‘September 30, 2026’’.
SEC. 2874. NOTIFICATION TO MEMBERS OF CONGRESS FOR AWARDS
OF
CONTRACTS
FOR
MILITARY
CONSTRUCTION
PROJECTS.
(a) NOTIFICATION REQUIRED.—Not later than 30 days after the
date of award of a contract for a military construction project,
the Secretary of the military department with jurisdiction over
such project shall notify the following Members of Congress:
(1) Any Member representing the State in which such
contract will be performed.
(2) Any Member representing the State in which the con-
tractor awarded such contract is a constituent of such Member.
(b) ELEMENTS.—A notification under subsection (a) shall include
the following:
(1) The proposed value of the contract.
(2) The contractor awarded the contract.
(3) A brief description of the project that is the subject
of the contract, including the location in which the contract
will be performed.
SEC. 2875. AUTHORIZATION OF ASSISTANCE TO EXPEDITE CERTAIN
MILITARY CONSTRUCTION PROJECTS LOCATED IN GUAM.
(a) IN GENERAL.—To expedite military construction projects
in Guam intended to improve the defense of Guam and the Indo-
Pacific region, each Secretary of a military department may provide
grants, enter into cooperative agreements, and supplement other
Federal funds to regulatory agencies located in Guam that such
Secretary determines appropriate, including—
(1) the Guam Environmental Protection Agency; and
(2) the United States Fish and Wildlife Service.
(b) ELEMENTS.—Each grant, cooperative agreement, or agree-
ment to supplement other Federal funds described under subsection
(a) may include—
(1) the provision of Department of Defense technical assist-
ance to a regulatory agency responsible for the timely comple-
tion of a military construction project described in this section;
and
(2) the use of Department of Defense personnel to perform
activities relating to such military construction project for which
the regulatory agency is responsible.
(c) MILITARY CONSTRUCTION PROJECT DEFINED.—In this section,
the term ‘‘military construction project’’ has the meaning given
such term in section 2801 of title 10, United States Code.
H. R. 5009—512
SEC. 2876. REPORT ON MUNITIONS AND EXPLOSIVES OF CONCERN
AND CONSTRUCTION PROJECTS IN JOINT REGION MARI-
ANAS.
Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for three years, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report that
includes the following:
(1) A description of any policy or requirement of the Depart-
ment of Defense related to munitions and explosives of concern
in Joint Region Marianas.
(2) A description of the cost, schedule, and safety mitigation
efforts related to any military construction project in Joint
Region Marianas.
(3) Identification of each organization that holds wavier
authority for any requirement related to munitions and explo-
sives of concern in Joint Region Marianas.
(4) Information on the effectiveness of policy or guidance
related to munitions of concern intended to expedite the mili-
tary construction process in Joint Region Marianas.
SEC. 2877. REVIEW OF ROLES AND RESPONSIBILITIES FOR CONSTRUC-
TION PROJECTS OF DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this section, the Secretary of Defense shall seek
to enter into a contract with a federally funded research and
development center, or a team consisting of a federally funded
research and development center with a private management con-
sulting group, not sponsored by the Department of the Army or
the Department of the Navy, to review the roles and responsibilities
for executing construction projects for the Department of Defense,
including military construction projects and facilities sustainment,
restoration, and modernization projects.
(b) REPORT.—Not later than February 1, 2026, the federally
funded research and development center shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on such review.
(c) ELEMENTS.—The report required under subsection (b) shall
include the following:
(1) An assessment of the design and construction delivery
processes of the Army Corps of Engineers and the Naval Facili-
ties Engineering Systems Command, which shall—
(A) include the composition of the design delivery and
construction delivery team for each entity; and
(B) identify whether specialized engineering or tech-
nical authority is required for a defense construction agent
to recapitalize the public shipyards or specialized weapon
systems, including a ground based strategic deterrent.
(2) An identification of the total number of members of
the Armed Forces, civilian employees of the Federal Govern-
ment, and contractors by specialty (such as job series or military
occupation code) involved in executing construction projects
for the Army Corps of Engineers and the Naval Facilities
Engineering Systems Command, which shall—
(A) include individuals involving in the planing, design,
award, and oversight of military construction projects and
H. R. 5009—513
facilities sustainment, restoration, and modernization
projects for major repairs; and
(B) exclude all individuals serving in civil works posi-
tions unless those individuals directly support programs
of the Department of Defense.
(3) An assessment of—
(A) whether the number of members of the Armed
Forces, civilian employees of the Federal Government, and
contractors identified pursuant to paragraph (2) is adequate
to support the functions and requirements of the respective
entities that employ members, employees, and contractors;
and
(B) whether additional members of the Armed Forces,
civilian employees of the Federal Government, and contrac-
tors would be needed to support such functions and require-
ments;
(C) whether the current workforce of such entities has
the skills and expertise to execute the recommendations
of such report, if applicable.
(4) If applicable, a discussion of the skills and expertise
required to execute the recommendations included in such
report that such current workforce lacks as of the date of
the submission of such report.
(5) An assessment of the internal controls of the Army
Corps of Engineers and the Naval Facilities Engineering Sys-
tems Command used to ensure funds associated with military
construction projects and facilities sustainment, restoration,
and modernization projects, including overhead, supervision,
and administration, are properly charged to the correct appro-
priation account (whether for military construction or defense)
at all levels of each entity, which shall include an assessment
of—
(A) an assessment of the similarities and differences
with respect to the financial processes;
(B) an assessment of supervision and construction
schedules; and
(C) the advantages and disadvantages to internal con-
trols and cost and schedule adherence if a single construc-
tion agent for military construction were created.
(6) An assessment of the real estate functions performed
by the Army Corps of Engineers and the Naval Facilities
Engineering Systems Command, which shall include—
(A) an assessment of the similarities and differences
between delivery methodologies and authorities;
(B) an assessment of the costs and funding sources
of providing real estate services; and
(C) an identification of the advantages and disadvan-
tages to real estate services if a single construction agent
for military construction were created.
(7) An assessment of the global geographic regions that
the Army Corps of Engineers, the Naval Facilities Engineering
Systems Command, and any other construction agent of the
Department of Defense cover, which shall include—
(A) the geographic roles those entities support with
respect to host-nation funded construction, non-military
construction, and infrastructure support in connection with
foreign military sales; and
H. R. 5009—514
(B) a recommendation for an optimal geographic
regional layout if a single construction agent for military
construction were created.
(8) An assessment of the construction performance meas-
ures of the Army Corps of Engineers and the Naval Facilities
Systems Command, which shall include—
(A) an assessment of industry engagement and best
practices;
(B) an assessment of decision-making authorities, proc-
esses, and timelines;
(C) an assessment of fund sources and their uses;
(D) an assessment of military construction performance
of the Army Corps of Engineers and the Naval Facilities
Systems Command, in comparison with global construction
trends during fiscal years 2019 through 2024;
(E) an identification of business systems and processes
that can be implemented jointly by the Army Corps of
Engineers and the Naval Facilities Systems Command to
improve military construction performance; and
(F) the advantages and disadvantages to construction
performance if a single construction agent for military
construction were created.
(9) An assessment of the infrastructure requirement
generation process and the cost estimation procedures used
by the Army Corps of Engineers and Naval Facilities System
Command and the efficacy of such procedures for providing
an accurate cost estimate at the time such estimate is included
in the submission to Congress of the budget of the President
pursuant to section 1105 of title 31, United States Code, for
each fiscal year, which shall include an assessment of—
(A) guidance provided to the proponent for the project
on how to define infrastructure requirements;
(B) guidance provided to the proponent for the project
with respect to best practices for accurate cost estimation;
(C) the process by which the applicable construction
agent—
(i) assesses the validity of a cost estimate; and
(ii) communicates concerns about the validity of
such cost estimate to maximize the accuracy of such
cost estimate before such cost estimate is included
in such budget; and
(D) the degree to which the Army Corps of Engineers
and the Naval Facilities Engineering Systems Command
have common definitions and common practices for evalu-
ating the validity of such cost estimates.
(10) An assessment of the uses of the Army Corps of
Engineers to provide capabilities not associated with the des-
ignation of such Corps as a Department of Defense design
and construction agent, which shall include an assessment
of—
(A) the capabilities and expertise of the Army Corps
of Engineers provided to military installations of the
Department of the Army; and
(B) the extent to which a consolidation of construction
agents would affect—
(i) the ability of the Army Corps of Engineers
to provide such capabilities and expertise; and
H. R. 5009—515
(ii) other functions and statutory missions of the
Army Corps of Engineers.
The text is cut here.