Text of US SB 1071 (2025)
National Defense Authorization Act for Fiscal Year 2026
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As introduced
1,950 characters
II
119TH CONGRESS
1ST SESSION
S. 1071
To require the Secretary of Veterans Affairs to disinter the remains of
Fernando V. Cota from Fort Sam Houston National Cemetery, Texas,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 14, 2025
Mr. CORNYN (for himself and Mr. CRUZ) introduced the following bill; which
was read twice and referred to the Committee on Veterans’ Affairs
A BILL
To require the Secretary of Veterans Affairs to disinter the
remains of Fernando V. Cota from Fort Sam Houston
National Cemetery, Texas, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. DISINTERMENT OF REMAINS OF FERNANDO V.
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COTA FROM FORT SAM HOUSTON NATIONAL
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CEMETERY, TEXAS.
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(a) DISINTERMENT.—Not later than one year after
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the date of the enactment of this Act, the Secretary of
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Veterans Affairs shall disinter the remains of Fernando
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•S 1071 IS
V. Cota from Fort Sam Houston National Cemetery,
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Texas.
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(b) NOTIFICATION.—The Secretary of Veterans Af-
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fairs may not carry out subsection (a) until after notifying
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the next of kin of Fernando V. Cota.
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(c) DISPOSITION.—After carrying out subsection (a),
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the Secretary of Veterans Affairs shall—
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(1) relinquish the remains to the next of kin de-
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scribed in subsection (b); or
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(2) if no such next of kin responds to the notifi-
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cation under subsection (b), arrange for disposition
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of the remains as the Secretary determines appro-
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priate.
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Æ
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As enrolled or final
3,740,862 characters · the first 1,466,047 are shown
S. 1071
One Hundred Nineteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty five
An Act
To authorize appropriations for fiscal year 2026 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.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 2026’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into 8 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—Department of State Authorization Act for
Fiscal Year 2026.
(6) Division F—Intelligence Authorization Act for Fiscal
Year 2026.
(7) Division G—Coast Guard Authorization Act of 2025.
(8) Division H—Other Matters.
(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. Strategy for Army tactical wheeled vehicle program.
Sec. 112. Multiyear procurement authority for UH–60 Blackhawk aircraft.
Sec. 113. Authorization to initiate early production of future long-range assault air-
craft.
Sec. 114. Limitation on availability of funds for the Next Generation Command and
Control portfolio of capabilities of the Army.
S. 1071—2
Subtitle C—Navy Programs
Sec. 121. Modification to requirements for recapitalization of tactical fighter air-
craft of the Navy Reserve.
Sec. 122. Modification to limitations on Navy medium and large unmanned surface
vessels.
Sec. 123. Recapitalization of Navy waterborne security barriers; modification of
prohibition on availability of funds for legacy waterborne security bar-
riers.
Sec. 124. Contract authority for Ford-class aircraft carrier program.
Sec. 125. Contract authority for Columbia-class submarine program.
Sec. 126. Authority for advance procurement of certain components to support con-
tinuous production of Virginia-class submarines.
Sec. 127. Procurement authorities for Medium Landing Ships.
Sec. 128. Multiyear procurement authority for Yard, Repair, Berthing, and Messing
Barges.
Sec. 129. Vessel construction managers for the construction of certain Navy vessels.
Sec. 130. Limitation on construction of Modular Attack Surface Craft.
Sec. 131. Limitation on availability of funds for TAGOS ship program.
Sec. 132. Inclusion of information on amphibious warfare ship spares and repair
parts in Navy budget justification materials.
Subtitle D—Air Force Programs
Sec. 141. Modification of minimum inventory requirements for air refueling tanker
aircraft.
Sec. 142. Modification of prohibition on retirement of F–15E aircraft.
Sec. 143. Extension of limitations and minimum inventory requirement relating to
RQ–4 aircraft.
Sec. 144. Modification to annual report on Air Force tactical fighter aircraft force
structure.
Sec. 145. Extension of requirements relating to C–130 aircraft.
Sec. 146. Extension of prohibition on certain reductions to B–1 bomber aircraft
squadrons.
Sec. 147. Modification to minimum inventory requirement for A–10 aircraft.
Sec. 148. Preservation of retired KC–10 aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warning
and control system aircraft.
Sec. 150. B–21 bomber aircraft program accountability matrices.
Sec. 151. Bomber aircraft force structure and transition roadmap.
Sec. 152. Requirement for an intelligence, surveillance, and reconnaissance road-
map for the Air Force.
Sec. 153. Report on the F–47 advanced fighter aircraft program.
Sec. 154. Limitation on availability of funds pending report on acquisition strategy
for Airborne Command Post Capability.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Requirements relating to executive airlift aircraft.
Sec. 162. Amendments to prohibition on operation, procurement, and contracting
related to foreign-made light detection and ranging.
Sec. 163. Prohibition on availability of funds for contract termination or production
line shutdown for E–7A Wedgetail aircraft.
Sec. 164. Limitation on procurement of KC–46 aircraft pending certification on cor-
rection of deficiencies.
Sec. 165. Plan for open mission systems of F–35 aircraft.
Sec. 166. Annual GAO reviews of the F–35 aircraft program.
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 to authority to award prizes for advanced technology
achievements.
Sec. 212. Modification to mechanisms to provide funds to defense laboratories and
other entities for research and development of technologies for military
missions.
Sec. 213. Program for the enhancement of the research, development, test, and
evaluation centers of the Department of Defense.
Sec. 214. Modification to authority for acquisition, construction, or furnishing of
test facilities and equipment.
S. 1071—3
Sec. 215. Extension of limitation on availability of funds for fundamental research
collaboration with certain academic institutions.
Sec. 216. Modification of requirement for Department of Defense policies for man-
agement and certification of Link 16 military tactical data link network.
Sec. 217. Extension of authority for assignment to Defense Advanced Research
Projects Agency of private sector personnel with critical research and
development expertise.
Sec. 218. Alternative test and evaluation pathway for designated defense acquisi-
tion programs.
Sec. 219. Congressionally directed programs for test and evaluation oversight.
Sec. 220. Application of software innovation to modernize test and evaluation infra-
structure.
Sec. 221. Review and alignment of standards, guidance, and policies relating to dig-
ital engineering.
Sec. 222. Catalyst Pathfinder Program.
Sec. 223. Modifications to defense research capacity building program.
Sec. 224. National Security and Defense Artificial Intelligence Institute.
Sec. 225. Advanced robotic automation for munitions manufacturing.
Sec. 226. Evaluation of additional test corridors for hypersonic and long-range
weapons.
Sec. 227. Western regional range complex demonstration.
Sec. 228. Demonstration of near real-time monitoring capabilities to enhance weap-
on system platforms.
Sec. 229. Pilot program on modernized health and usage monitoring systems to ad-
dress obsolescence in rotary-wing and tiltrotor aircraft.
Sec. 230. Prohibition on modification of indirect cost rates for institutions of higher
education and nonprofit organizations.
Sec. 231. Limitation on availability of funds pending compliance with requirements
relating to the Joint Energetics Transition Office.
Sec. 232. Limitation on availability of funds for realignment of research, develop-
ment, test, and evaluation functions of Joint conventional armaments
and ammunition.
Sec. 233. Limitation on use of funds for certain Navy software.
Sec. 234. Limitation on availability of funds for Under Secretary of Defense for Re-
search and Engineering pending report on study results.
Subtitle C—Biotechnology Matters
Sec. 241. Support for research and development of bioindustrial manufacturing
processes.
Sec. 242. Biotechnology Management Office.
Sec. 243. Bioindustrial commercialization program.
Sec. 244. Biotechnology supply chain resiliency program.
Sec. 245. Biological data for artificial intelligence.
Sec. 246. Department of Defense biotechnology strategy.
Sec. 247. Ethical and responsible development and deployment of biotechnology
within the Department of Defense.
Sec. 248. Establishing biobased product merit guidance.
Subtitle D—Plans, Reports, and Other Matters
Sec. 251. Modification of energetic materials strategic plan and investment strategy
of Joint Energetics Transition Office.
Sec. 252. Extension of period for annual reports on critical technology areas sup-
portive of the National Defense Strategy.
Sec. 253. Quarterly briefings on research, development, test, and evaluation labora-
tories and facilities.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Inclusion of information about PFAS investigation and remediation in an-
nual report on defense environmental programs.
Sec. 312. Elimination of preference for motor vehicles using electric or hybrid pro-
pulsion systems and related requirements of the Department of Defense.
Sec. 313. Modification of availability and use of energy cost savings.
Sec. 314. Requirement to support National Guard training on wildfire prevention
and response.
Sec. 315. Modification of requirements relating to replacement of fluorinated aque-
ous film-forming foam.
S. 1071—4
Sec. 316. Modification to restriction on procurement or purchasing of personal pro-
tective equipment for firefighters containing perfluoroalkyl substances
or polyfluoroalkyl substances.
Sec. 317. Provision of alternative drinking water to households whose private
drinking water is contaminated with perfluorooctanesulfonic acid and
perfluorooctanoic acid substances from Department of Defense activities.
Sec. 318. Responsibilities of executive agent for installation and operational nuclear
energy.
Sec. 319. Establishment of Advanced Nuclear Transition Working Group.
Sec. 320. Department of Air Force program of record for commercial weather data.
Sec. 321. Pilot program on Navy installation nuclear energy.
Sec. 322. Strategy to accelerate remediation of contamination from perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 323. Notification requirement with respect to nuclear power in Guam.
Sec. 324. Authority to use certain technologies to destroy or dispose of
perfluoroalkyl or polyfluoroalkyl substances.
Subtitle C—Logistics and Sustainment
Sec. 331. Modification of readiness report to include summary count of certain mis-
haps.
Sec. 332. Authority to provide supplies incidental to support and services for eligi-
ble non-Department of Defense organizations.
Sec. 333. Extension of authorization of depot working capital funds for unspecified
minor military construction.
Sec. 334. Designation of senior officials responsible for integration of global con-
tested logistics posture management.
Sec. 335. Modification of prohibition on contracts for performance of firefighting or
security-guard functions.
Sec. 336. Responsibilities for oversight of certain defense personal property mat-
ters.
Sec. 337. Roles and responsibilities relating to sustainment and readiness of cer-
tain naval surface vessels.
Sec. 338. Strategy to improve infrastructure of certain depots of Department of De-
fense.
Sec. 339. Modification of report on improved oversight for implementation of Ship-
yard Infrastructure Optimization Program of the Navy.
Sec. 340. Extension and modification of semiannual briefings on operational status
of amphibious warship fleet.
Sec. 341. Maintenance inspection capabilities and requirements.
Sec. 342. Joint Strike Fighter sustainment.
Sec. 343. Depot-level maintenance coordination in multinational exercises.
Sec. 344. Proposed actions with respect to causes and effects of declining aircraft
readiness rates.
Sec. 345. Technology enhancement for surface ship maintenance.
Sec. 346. Oversight requirements for contracts relating to relocation logistics for
household goods.
Sec. 347. Integration of commercially available artificial intelligence capabilities
into logistics operations.
Sec. 348. Pilot program on Army depot and arsenal workload sustainment.
Sec. 349. Limitation on use of funds to establish or expand Space Force Special Op-
erations Component Command.
Sec. 350. Pilot program for data-enabled ground vehicle maintenance.
Sec. 351. Modernization of the organic industrial base of the Army.
Subtitle D—Matters Relating to Munitions
Sec. 361. Reporting requirements for Out-Year Unconstrained Total Munitions Re-
quirements and Out-Year inventory numbers.
Sec. 362. Inclusion of air and missile defense in Out-Year Unconstrained Total Mu-
nitions Requirement and Out-Year inventory numbers.
Sec. 363. Reports on munitions response projects at sites formerly used by the De-
partment of Defense.
Sec. 364. Report on critical munitions required for simultaneous conflicts.
Subtitle E—Other Matters
Sec. 371. Adjustment and diversification assistance for State and local governments
affected by depot reductions.
Sec. 372. Authority to evacuate family pets and contract working dogs during non-
combatant evacuations of foreign countries.
Sec. 373. Manned rotary wing aircraft safety.
Sec. 374. Establishment of Army museum system.
Sec. 375. Establishment of United States Navy Museum System.
S. 1071—5
Sec. 376. Establishment of Air Force and Space Force Museum System.
Sec. 377. Transportation of certain domestic animals by foreign air carriers.
Sec. 378. Minimum standards for military working dog kennels and facilities.
Sec. 379. Restroom access at military installations for certain transportation serv-
ice providers.
Sec. 380. Use of expeditionary solid waste disposal systems by Department of De-
fense.
Sec. 381. Pilot program for contracted amphibious air resources for the area of re-
sponsibility of the United States Indo-Pacific Command.
Sec. 382. Initiative to control spread of greater banded hornet in Guam.
Sec. 383. Reserve mobilization exercise to assess the capability of the Armed Forces
to respond to a high-intensity contingency in the Indo-Pacific region.
Sec. 384. Limitation on transformation by the Army of primary helicopter training
program at Fort Rucker, Alabama.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
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; Reports
Sec. 421. Military personnel.
Sec. 422. Streamlining of total force reporting requirements.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Policy
Sec. 501. Space Force general officer management.
Sec. 502. Redistribution of general officers on active duty from the Air Force to the
Space Force.
Sec. 503. Notification of removal of officers from selection board reports and pro-
motion lists.
Sec. 504. Chaplains: career flexibility; detail as students at schools for education
required for appointment.
Sec. 505. Temporary increase in fiscal year percentage limitation for reduction or
waiver of service-in-grade requirement for general and flag officers to be
retired in pay grades O-7 and O-8.
Sec. 506. Notice of removal of Judge Advocates General.
Sec. 507. Authority to waive prohibition on officers serving on successive selection
boards for boards to consider officers for promotion to major general or
rear admiral.
Sec. 508. Establishment of blast safety officer positions.
Subtitle B—Reserve Component Management
Sec. 511. Active and inactive transfers of officers of the Army National Guard and
Air Force National Guard.
Sec. 512. National Guard: Active Guard and Reserve duty in response to a State
disaster.
Sec. 513. Report on effect of equipment shortfalls on ability of National Guard to
perform homeland defense activities.
Sec. 514. Report on National Guard sexual assault prevention and response train-
ing.
Sec. 515. Study and report on members of the reserve components: consideration of
amount of time of service in activation; authority to waive limitation on
release from active duty.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Individual Longitudinal Exposure Record: codification; expansion.
Sec. 522. Women’s initiative teams.
Sec. 523. Honorary promotions on the initiative of the Department of Defense.
Sec. 524. Enhanced efficiency and service discretion for Disability Evaluation Sys-
tem reviews.
Sec. 525. Requirement of equal opportunity, racial neutrality, and exclusive use of
merit in military personnel actions.
S. 1071—6
Sec. 526. Report on adequacy of reimbursement for costs of permanent change of
station.
Subtitle D—Recruitment and Accession
Sec. 531. Recruiter access to secondary schools.
Sec. 532. Alternative service in areas of national interest by individuals denied en-
listment.
Sec. 533. Medical accession standards for members of the Armed Forces.
Sec. 534. Clarifying the calculation of enlistments for persons whose score on the
Armed Forces Qualification Test is below a prescribed level for the fu-
ture servicemember preparatory course.
Sec. 535. Selective Service System: automatic registration.
Subtitle E—Member Training
Sec. 541. Junior Reserve Officers’ Training Corps instructor qualifications.
Sec. 542. Number of Junior Reserve Officers’ Training Corps units.
Sec. 543. Requirements with respect to motorcycle safety training.
Sec. 544. Repeal of annual certifications related to the Ready, Relevant Learning
initiative of the Navy.
Sec. 545. Mandatory training on government ethics and national security law.
Sec. 546. Temporary authority to provide bonuses to Junior Reserve Officers’ Train-
ing Corps instructors.
Sec. 547. Pilot program for generative artificial intelligence and spatial computing
for performance training and proficiency assessment.
Sec. 548. Limitation on authority to reorganize the Senior Reserve Officers’ Train-
ing Corps of the Army.
Sec. 549. Accreditation of National Guard Marksmanship Training Center.
Subtitle F—Member Education
Sec. 551. Modification to maximum years of service for eligibility detail as a stu-
dent at a law school.
Sec. 552. Inclusion of Space Force education programs in definitions regarding pro-
fessional military education.
Sec. 553. Asynchronous instruction in distance education option for professional
military education.
Sec. 554. Center for Strategic Deterrence and Weapons of Mass Destruction Stud-
ies.
Sec. 555. Military service academy nominations.
Sec. 556. Modifications to alternative obligation for cadets and midshipmen.
Sec. 557. Modification to the designation of Members of the House of Representa-
tives to the Boards of Visitors of Service Academies.
Sec. 558. Director of Admissions of the United States Naval Academy.
Sec. 559. Detail of members of the Space Force as instructors at Air Force Institute
of Technology.
Sec. 559A. Prohibition on participation of males in athletic programs or activities
at the military service academies that are designated for women or
girls.
Sec. 559B. Organization of Army War College.
Subtitle G—Military Justice and Other Legal Matters
Sec. 561. Qualifications for judge advocates.
Sec. 562. Ensuring the availability of legal advice to commanders.
Sec. 563. Analysis of potential modifications to the offense of wrongful broadcast or
distribution of intimate visual images under the Uniform Code of Mili-
tary Justice.
Sec. 564. Revision to sexual assault prevention and response training guidance.
Sec. 565. Notification of military sex offenders at military installations.
Sec. 566. Analysis of the advisability of modifying the definition of abusive sexual
contact under the Uniform Code of Military Justice.
Sec. 567. Analysis of the advisability of establishing a punitive article for child por-
nography-related offenses under the Uniform Code of Military Justice.
Subtitle H—Career Transition
Sec. 571. Transition Assistance Program: amendments; pilot program; reports.
Sec. 572. Amendments to pathways for counseling in Transition Assistance Pro-
gram.
Sec. 573. Improvements to information-sharing to support individuals retiring or
separating from the Armed Forces.
Subtitle I—Family Programs, Child Care, and Dependent Education
Sec. 581. Notification of suspected child abuse that occurs at a military child devel-
opment center.
S. 1071—7
Sec. 582. Enrollment of children of certain American Red Cross employees in
schools operated by the Department of Defense Education Activity.
Sec. 583. Ensuring access to DODEA schools for certain members of the reserve
components.
Sec. 584. Authorization of dual or concurrent enrollment programs for students of
Defense Dependent Schools.
Sec. 585. Restrictions on certain actions relating to DODEA schools and military
child development centers.
Sec. 586. Extension of pilot program to provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 587. Military OneSource: information regarding maternal health care.
Sec. 588. Assistance for deployment-related support of members of the Armed
Forces undergoing deployment and their families beyond the Yellow Rib-
bon Reintegration Program.
Sec. 589. Certain assistance to local educational agencies that benefit dependents
of military and civilian personnel.
Sec. 589A. Verification of reporting of eligible federally connected children for pur-
poses of Federal impact aid programs.
Sec. 589B. Regulations on the use of portable electronic mobile devices in Depart-
ment of Defense Education Activity schools.
Sec. 589V. Management of special education in schools operated by Department of
Defense Education Activity.
Sec. 589D. Pilot program to increase payments for child care services in high-cost
areas.
Subtitle J—Decorations and Awards, Reports, and Other Matters
Sec. 591. Authorization for award of Medal of Honor to E. Royce Williams for acts
of valor during the Korean War.
Sec. 592. Authorization for posthumous award of the distinguished-service cross to
Isaac ‘‘Ike’’ Camacho for acts of valor in Vietnam.
Sec. 593. Compliance with travel charge card deactivation requirements.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Basic Pay and Retired Pay
Sec. 601. Codification of applicability to Space Force of certain pay and allowance
authorities.
Sec. 602. Extension of enhanced authority for selective early retirement and early
discharges.
Sec. 603. Extension of temporary early retirement authority.
Subtitle B—Bonus, Incentive, and Separation Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Extension of authority to provide voluntary separation pay and benefits.
Sec. 613. Implementation of aviation incentive pay for members of reserve compo-
nents.
Sec. 614. Reviews of designations of imminent danger pay areas.
Subtitle C—Allowances
Sec. 621. Modifications to calculation of basic allowance for subsistence for enlisted
members.
Sec. 622. Family separation allowance: increase.
Sec. 623. Extending certain travel allowance for members of the Armed Forces as-
signed to Alaska.
Sec. 624. Improvements to basic allowance for housing.
Subtitle D—Leave
Sec. 631. Improved parental leave for members of the armed forces.
Sec. 632. Convalescent leave for cadets and midshipmen.
Subtitle E—Family and Survivor Benefits
Sec. 641. Annual review of financial assistance limits for child care and youth pro-
gram services providers.
Sec. 642. Waiver of requirements for air transportation of deceased members of the
Armed Forces when necessary to meet mission requirements.
Subtitle F—Defense Resale Matters
Sec. 651. Use of commissary stores: civilian employees of Military Sealift Com-
mand.
Sec. 652. Defense commissary system and exchange system: patronage; privatiza-
tion.
S. 1071—8
Subtitle G—Other Benefits, Administrative Matters, Reports, and Briefings
Sec. 661. Inclusion of descriptions of types of pay on pay statements.
Sec. 662. Provision of information regarding relocation assistance programs for
members receiving orders for a change of permanent station.
Sec. 663. Expansion of pilot program to increase access to food on military installa-
tions.
Sec. 664. Military compensation educational campaign.
Sec. 665. Designation of United States Army Garrison Kwajalein Atoll as remote
and isolated military installation.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Benefits
Sec. 701. Reimbursement for travel expenses relating to specialty care for certain
members of the Armed Forces and dependents.
Sec. 702. Authority to provide sexual assault medical forensic examinations on a
nonreimbursable basis to certain otherwise ineligible individuals.
Subtitle B—Health Care Administration
Sec. 711. Codification of position of Director of the Defense Health Agency.
Sec. 712. Military-civilian medical surge program.
Sec. 713. Modification of limitation on reduction of military medical manning end
strength.
Sec. 714. Inclusion of additional requirements in notifications to modify scope of
services provided at military medical treatment facilities.
Sec. 715. Military medical cooperation arrangements among Five Eyes countries.
Sec. 716. Licensure requirement for health-care professionals of partner countries.
Sec. 717. Plan for priority assignment of medical personnel of Department of De-
fense.
Sec. 718. Plan and report by Defense Health Agency relating to chiropractic clinics
at military installations.
Sec. 719. Strategic infectious disease medical research plan.
Sec. 720. Review of disclosure requirements under processes and forms relating to
health care provider credentialing and privileging of Department of De-
fense.
Subtitle C—Studies, Reports, and Other Matters
Sec. 731. Improvement of availability of care for veterans from facilities and pro-
viders of the Department of Defense.
Sec. 732. Prohibition on painful research on domestic cats and dogs.
Sec. 733. Pilot program on wastewater surveillance system of Department of De-
fense.
Sec. 734. Pilot program to assist certain members of the Armed Forces and depend-
ents with additional supplemental coverage relating to cancer.
Sec. 735. Study on accreditation of military dental treatment facilities.
Sec. 736. Study on prevalence and mortality of cancer among military rotary-wing
pilots and aviation support personnel.
Sec. 737. Study on psychological effects of and mental health effects of unmanned
aircraft systems in combat operations.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Assumption of uninsurable risk on certain contracts.
Sec. 802. Changes to certain documents.
Sec. 803. Pilot program for financing for covered activities.
Sec. 804. Multiyear procurement authority for covered systems and certain muni-
tions.
Sec. 805. Addressing insufficiencies in technical data.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Repeals of existing law to streamline the defense acquisition process.
Sec. 812. Modifications to current defense acquisition requirements.
Sec. 813. Modification to award amount for program to accelerate the procurement
and fielding of innovative technologies.
Sec. 814. Additional amendments related to undefinitized contractual actions.
Sec. 815. Amendment to procurement of services data analysis and requirements
validation.
S. 1071—9
Sec. 816. Modification of program and processes relating to foreign acquisition.
Sec. 817. Review of Department of Defense Instruction relating to conventional am-
munition management.
Subtitle C—Provisions Relating to Workforce Development
Sec. 821. Improvements to public-private talent exchange.
Sec. 822. Modifications to requirements for the President of the Defense Acquisition
University.
Sec. 823. Hiring authorities for Defense Civilian Training Corps.
Sec. 824. Increasing competition in defense contracting.
Sec. 825. Report on strengthening the Defense Acquisition University.
Sec. 826. Restructuring of performance evaluation metrics for the acquisition work-
force.
Subtitle D—Provisions Relating to Supply Chains and Domestic Sourcing
Sec. 831. Applicability of Berry Amendment to procurement of certain seafood.
Sec. 832. Enhancement of defense supply chain resilience and secondary source
qualification.
Sec. 833. Interim national security waivers for supply chain illumination efforts.
Sec. 834. Strategy to eliminate acquisition of optical glass from certain nations.
Sec. 835. Strategy to eliminate sourcing of computer displays from certain nations.
Sec. 836. Voluntary registration of compliance with covered sourcing requirements
for covered products.
Sec. 837. Acceleration of qualification of compliant sources.
Sec. 838. Assessment of critical infrastructure owned by the Department of Defense
dependent on foreign materials or components.
Subtitle E—Prohibitions and Limitations on Procurement
Sec. 841. Requirements relating to long-term concessions agreements with certain
retailers.
Sec. 842. Prohibition on acquisition of advanced batteries from certain foreign
sources.
Sec. 843. Application of national security waiver for strategic materials sourcing re-
quirement to sensitive materials.
Sec. 844. Prohibition of procurement of molybdenum, gallium, or germanium from
non-allied foreign nations and authorization for production from recov-
ered material.
Sec. 845. Modifications to certain procurements from certain Chinese entities.
Sec. 846. Modifications to prohibition on contracting with persons that have fossil
fuel operations with the Government of the Russian Federation or the
Russian energy sector.
Sec. 847.
Prohibiting the purchase of photovoltaic modules or inverters from for-
eign entities of concern.
Sec. 848. Clarification of procurement prohibition related to acquisition of materials
mined, refined, and separated in certain countries.
Sec. 849. Prohibition on procurement related to certain additive manufacturing ma-
chines.
Sec. 850. Phase-out of computer and printer acquisitions involving entities owned
or controlled by China.
Sec. 851. Prohibition on contracting with certain biotechnology providers.
Subtitle F—Industrial Base Matters
Sec. 861. Amendments to the procurement technical assistance program.
Sec. 862. Repeal of limitations on certain Department of Defense Executive Agent
authority.
Sec. 863. Special Operations Command Urgent Innovative Technologies and Capa-
bilities Initiative.
Sec. 864. United States-Israel Defense Industrial Base Working Group.
Sec. 865. Improving the domestic textile and industrial base.
Sec. 866. Cybersecurity regulatory harmonization.
Sec. 867. Modifications to defense industrial base fund.
Subtitle G—Other Matters
Sec. 871. Modification to demonstration and prototyping program to advance inter-
national product support capabilities in a contested logistics environ-
ment.
Sec. 872. Contested logistics exercise requirement.
Sec. 873. Combatant command experimentation authority.
Sec. 874. Annual report on contract cancellations and terminations.
Sec. 875. Ability to withhold contract payments during period of pendancy of a bid
protest.
S. 1071—10
Sec. 876. Indemnification of contractors against nuclear and unusually hazardous
risks.
Sec. 877. Enhanced security strategy for procurement of private fifth-generation
wireless technology.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Prohibition of diversity, equity, and inclusion programs of the Depart-
ment of Defense.
Sec. 902. Directive authority for matters for which the Under Secretary of Defense
for Research and Engineering has responsibility.
Sec. 903. Assistant Secretary of Defense for International Armaments Cooperation.
Sec. 904. Modification to authorities of the Director of Operational Test and Eval-
uation.
Sec. 905. Modification of covered technology categories for Office of Strategic Cap-
ital.
Sec. 906. Additional authorities for Office of Strategic Capital.
Sec. 907. Defense Science Board study on optimal organizational structure for dig-
ital solution and software delivery.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 911. Removal of members of Joint Chiefs of Staff and combatant commanders.
Sec. 912. Joint Interagency Task Force 401.
Sec. 913. Authority to establish regional outreach centers for the Defense Innova-
tion Unit.
Sec. 914. Small-UAS Industrial Base Working Group.
Sec. 915. Temporary prohibition on disestablishment of Navy Expeditionary Com-
bat Command Pacific.
Sec. 916. Limitation on availability of funds for modification or consolidation of geo-
graphic combatant commands.
Sec. 917. Limitation on availability of funds for the Army pending submittal of plan
on the proposed integration of the Joint Munitions Command and the
Army Sustainment Command.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation of reporting requirements relating to Department of De-
fense financial improvement and audit remediation plan.
Sec. 1003. Concurrent reporting date for annual update to Defense Business Sys-
tems Audit Remediation Plan and Department of Defense annual finan-
cial statements.
Sec. 1004. Amendments and repeals to budgetary display requirements.
Sec. 1005. Extension of audit requirement for Department of Defense components.
Sec. 1006. Reporting requirements for amounts made available pursuant to title II
of Public Law 119–21.
Sec. 1007. Use of technology using artificial intelligence to facilitate audit of the fi-
nancial statements of the Department of Defense for fiscal year 2026.
Subtitle B—Counterdrug Activities
Sec. 1010. Support for counterdrug activities and activities to counter transnational
organized crime.
Subtitle C—Naval Vessels and Shipyards
Sec. 1011. Requirements for amphibious warfare ship force structure.
Sec. 1012. Definition of short-term work for purposes of Navy construction of com-
batant and escort vessels and assignment of vessel projects.
Sec. 1013. Navy Senior Technical Authority.
Sec. 1014. Overhaul, repair, and maintenance of vessels in the Commonwealth of
the Northern Mariana Islands.
Sec. 1015. Allocation of certain operation and maintenance funds for Navy amphib-
ious ship maintenance.
Sec. 1016. Metrics for basic and functional design for ship construction.
Sec. 1017. Authority for single award indefinite delivery-indefinite quantity con-
tract for destroyer maintenance.
Sec. 1018. Limitation on availability of funds to retire or decommission oceano-
graphic research vessels of the Navy.
Sec. 1019. Strategy for Navy investment in and support for the maritime industrial
base.
S. 1071—11
Sec. 1020. Exemption of unmanned surface vessels and unmanned underwater ve-
hicles from certain technical authority requirements.
Sec. 1021. Pilot program on use of automated shipbuilding technologies and capa-
bilities.
Sec. 1022. Modification of authority to purchase used vessels under the National
Defense Sealift Fund.
Subtitle D—Counterterrorism
Sec. 1031. Extension of authority for joint task forces to support law enforcement
agencies conducting counter-terrorism activities.
Sec. 1032. 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. 1033. Extension of prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for transfer or release of indi-
viduals detained at United States Naval Station, Guantanamo Bay,
Cuba, to certain countries.
Sec. 1035. 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. 1041. Modification of authority to provide assistance in support of Department
of Defense accounting for missing United States Government personnel.
Sec. 1042. Senior leaders of the Department of Defense and other specified persons:
authority to provide protection.
Sec. 1043. Modification of requirements relating to support of civil authorities by
Armed Forces.
Sec. 1044. Authority of Secretary of Defense to enter into contracts to provide cer-
tain assistance to secure the southern land border of the United States.
Sec. 1045. Limitation on use of funds to relocate or otherwise remove the Maritime
Industrial Base Program.
Sec. 1046. Limitation on retirement of Gray Eagle unmanned aircraft systems.
Sec. 1047. Authority to transfer T–37 aircraft to Arizona Aviation Historical Group.
Sec. 1048. Authorization of Eastern Regional Range Complex for multi-domain op-
erations and robotic autonomous systems training, testing, and experi-
mentation.
Sec. 1049. Limitation on use of funds for deactivation of Expeditionary Combat
Aviation Brigades.
Sec. 1050.
Prohibition on use of live animals in Department of Defense live fire
trauma training.
Sec. 1051. Prohibition on destruction or scrapping of World War II–era aircraft.
Sec. 1052. Limitation on availability of funds for travel expenses of the Office of the
Secretary of Defense.
Sec. 1053. Congressional notification of support for immigration enforcement oper-
ations.
Subtitle F—Studies and Reports
Sec. 1061. Notification of waivers under Department of Defense Directive 3000.09.
Sec. 1062. Modifications to authority for transfer and sale of certain surplus fire-
arms, ammunition, and parts.
Sec. 1063. Extension of mobility capability requirements study.
Sec. 1064. Extension of briefing requirement regarding civil authorities at the
Southwest border.
Sec. 1065. Extension of biennial assessments of Air Force Test Center.
Sec. 1066. Reports on installation of certain collision avoidance systems in military
rotary-wing aircraft.
Sec. 1067. Cybersecurity and resilience annex in Strategic Rail Corridor Network
assessments.
Sec. 1068. GAO review and report on biological weapons experiments on and in re-
lation to ticks, tick-borne disease.
Sec. 1069. Briefings on expenditures or planned expenditures of funds allocated for
exploration and development of existing Arctic infrastructure.
Sec. 1070. Semiannual report on Department of Defense operations at the southern
land border.
Sec. 1071. Assessment on potential establishment of incubator programs for secure
facilities and networks at universities.
Subtitle G—Other Matters
Sec. 1081. Extension of the National Commission on the Future of the Navy.
S. 1071—12
Sec. 1082. Federal agency support for Afghanistan War Commission.
Sec. 1083. Provision of contract authority to Afghanistan War Commission.
Sec. 1084. Reauthorization of Servicewomen’s Commemorative Partnership.
Sec. 1085. AUKUS Improvement Act of 2025.
Sec. 1086. Framework for reforming technology transfer and foreign disclosure poli-
cies.
Sec. 1087. Procurement and distribution of sports foods and dietary supplements to
members of the Armed Forces assigned to the United States Special Op-
erations Command.
Sec. 1088. Pilot program on enhanced use of advanced sensor networks to improve
Air Force counter-unmanned aircraft system capabilities for base de-
fense.
Sec. 1089. Pilot program and other requirements for accelerating protection of cer-
tain facilities and assets from unmanned aircraft.
Sec. 1090. Process for complaints and investigations of transportation service pro-
viders and transportation officers.
Sec. 1091. Declassification of certain records relating to Tower 22 attack.
Sec. 1092. Updates and preservation of memorials to chaplains at Arlington Na-
tional Cemetery.
Sec. 1093. Critical infrastructure compatibility tabletop exercise.
Sec. 1094. Irregular Warfare Exercise Laboratory.
Sec. 1095. Commission on the National Defense Strategy.
TITLE XI—CIVILIAN PERSONNEL
Sec. 1101. Prohibition on the use of funds from carrying out a hiring freeze, reduc-
tion in force, or hiring delay without cause at a public shipyard.
Sec. 1102. Living quarter allowance for Department of Defense civilian employees
with permanent duty station in Guam.
Sec. 1103. Modification of temporary authority to appoint retired members of the
armed forces to positions in the Department of Defense.
Sec. 1104. Revisions to limitations on pay for officers and crews of maritime vessels
operated by or for the United States.
Sec. 1105. One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for Federal civilian employees
working overseas.
Sec. 1106. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1107. Modifications to total force management requirements.
Sec. 1108. Definition of defense industrial base facility for purposes of direct hire
authority.
Sec. 1109. Payment of retention bonuses to DOD civilian employees in Guam.
Sec. 1110. Amendments to title 5, United States Code.
Sec. 1111. Educational travel authority for dependents of certain employees.
Sec. 1112. Modification of direct hire authority for domestic defense industrial base
facilities.
Sec. 1113. Cyber workforce recruitment and retention.
Sec. 1114. Public shipyard apprentice program.
Sec. 1115. Personnel management.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Modification of authorities.
Sec. 1202. Modification of authority to build capacity of foreign security forces.
Sec. 1203. Modification of payment of costs for Regional Centers for Security Stud-
ies.
Sec. 1204. Modification to Irregular Warfare Center and Regional Defense Fellow-
ship Program.
Sec. 1205. Modification of authority for Naval Small Craft Instruction and Tech-
nical Training School.
Sec. 1206. State partnership program selection analysis.
Sec. 1207. Enhancement of international biodefense capacity.
Subtitle B—Foreign Military Sales and Related Processes
Sec. 1211. Improvements to security cooperation workforce and defense acquisition
workforce.
Sec. 1212. Modifications to foreign military sales processes.
Sec. 1213. Periodic review of FMS-only list.
Sec. 1214. Assessment and establishment of office to support the acquisition of
specified non-program of record systems by foreign allies and partners.
Sec. 1215. Guidance for coordination of international arms transfers.
S. 1071—13
Subtitle C—Matters Relating to the Middle East
Sec. 1221. Extension of authority for reimbursement of certain coalition nations for
support provided to United States military operations.
Sec. 1222. Extension and modification of annual report on military power of Iran.
Sec. 1223. Extension and modification of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1224. Extension and modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1225. Counter-terrorism support.
Sec. 1226. Enhancing security partnership with Jordan and Lebanon.
Sec. 1227. Prohibition on funding to the Badr Organization.
Sec. 1228. Limitation on availability of funds for the Iraqi security forces.
Sec. 1229. Report on strategy for increasing membership in the Comprehensive Se-
curity Integration and Prosperity Agreement.
Sec. 1229A. Report on ISIS detention facilities in Syria.
Sec. 1229B. Report on United States force posture and activities in Syria.
Subtitle D—Matters Relating to Israel
Sec. 1231. Extension and modification of United States-Israel anti-tunnel coopera-
tion.
Sec. 1232. Extension and modification of United States-Israel cooperation to
counter unmanned systems in all warfighting domains.
Sec. 1233. Modification of certain temporary authorizations related to munitions re-
placement.
Sec. 1234. Research, development, test, and evaluation of emerging technologies to
further the warfighting capabilities of the United States and certain
partner countries.
Sec. 1235. Report on United States-Israel military exercises.
Subtitle E—Matters Relating to Europe, Ukraine, and the Russian Federation
Sec. 1241. Modification and extension of annual report on military and security de-
velopments involving the Russian Federation.
Sec. 1242. Extension of prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized territory of
Ukraine.
Sec. 1243. Extension and modification of Ukraine Security Assistance Initiative.
Sec. 1244. Military intelligence support for Ukraine.
Sec. 1245. Report relating to allied and partner support to Ukraine.
Sec. 1246. Allied contributions to United States force posture on NATO’s eastern
flank.
Sec. 1247. Baltic Security Initiative.
Sec. 1248. Modification of United States basing and training, and exercises in
North Atlantic Treaty Organization member countries.
Sec. 1249. Oversight of United States military posture in Europe.
Sec. 1250. Report on United States deterrence and defense posture in the European
region.
Subtitle F—Matters Relating to the Indo-Pacific Region
Sec. 1251. Extension of Pacific Deterrence Initiative.
Sec. 1252. Extension of Indo-Pacific extended deterrence education pilot program.
Sec. 1253. Partnership for Indo-Pacific Industrial Resilience.
Sec. 1254. Strategy to strengthen multilateral defense in the Indo-Pacific.
Sec. 1255. Sense of Congress on defense alliances and partnerships in the Indo-Pa-
cific region.
Subtitle G—Matters Relating to Asia
Sec. 1261. Extension of pilot program to improve cyber cooperation with foreign
military partners in Southeast Asia.
Sec. 1262. Preventing circumvention by Chinese military companies in third-party
countries.
Sec. 1263. Inclusion on list of Chinese military companies of entities added to cer-
tain other lists.
Sec. 1264. Prohibition on use of funds to support entertainment projects with ties
to the Government of the People’s Republic of China.
Sec. 1265. Modification of Taiwan security cooperation initiative.
Sec. 1266.
Joint program with Taiwan to enable fielding of uncrewed systems and
counter-uncrewed systems capabilities.
Sec. 1267. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1268. Oversight of United States military posture on the Korean Peninsula.
Sec. 1269. Report on enhanced defense relations with the Philippines.
S. 1071—14
Sec. 1270. Modernizing the defense capabilities of the Philippines.
Subtitle H—Other Matters
Sec. 1271. Limitation on availability of funds for travel expenses of the Office of the
Secretary of Defense.
Sec. 1272. Repeal of war-related reporting requirements for concluded operations.
Sec. 1273. Defending international security by restricting unacceptable partner-
ships and tactics.
Sec. 1274. Report regarding joint training with Mexico to counter transnational
criminal organizations.
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. Modifications to Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Recycling for critical minerals.
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. Beginning balances of the Defense Logistics Agency Working Capital
Fund for audit purposes.
Sec. 1423. Authorization of appropriations for Armed Forces Retirement Home.
TITLE XV—CYBERSPACE-RELATED MATTERS
Subtitle A—Cyber Operations
Sec. 1501. Planning, programming, and budget coordination for operations of cyber
mission force.
Sec. 1502. Modification to reporting requirements for Senior Military Advisor for
Cyber Policy.
Sec. 1503. Framework for integration of information technology technical debt as-
sessment into annual budget process.
Sec. 1504. Department of Defense Data Ontology Governance Working Group.
Sec. 1505. Future force employment concepts development tabletop exercises.
Sec. 1506. Occupational resiliency of the Cyber Mission Force.
Sec. 1507. Prohibition on the elimination of certain cyber assessment capabilities
for test and evaluation.
Sec. 1508. Prohibition on availability of funds to modify authorities of the Com-
mander of United States Cyber Command.
Sec. 1509. Limitation on availability of funds for the Combined Joint All-Domain
Command and Control initiative.
Subtitle B—Cybersecurity
Sec. 1511. Secure mobile phones for senior officials and personnel performing sen-
sitive functions.
Sec. 1512. Artificial intelligence and machine learning security in the Department
of Defense.
Sec. 1513. Physical and cybersecurity procurement requirements for artificial intel-
ligence systems.
Sec. 1514. Collaborative cybersecurity educational program.
Sec. 1515. Incorporation of artificial intelligence considerations into cybersecurity
training.
Subtitle C—Information Technology and Data Management
Sec. 1521. Accountability of the Authorization to Operate processes.
Sec. 1522. Annual report on Department of Defense unified datalink strategy.
Subtitle D—Artificial Intelligence
Sec. 1531. Modification of high-performance computing roadmap.
Sec. 1532. Guidance and prohibition on use of certain artificial intelligence.
S. 1071—15
Sec. 1533. Artificial intelligence model assessment and oversight.
Sec. 1534. Digital sandbox environments for artificial intelligence.
Sec. 1535. Artificial Intelligence Futures Steering Committee.
Subtitle E—Reports and Other Matters
Sec. 1541. Modification to certification requirement regarding contracting for mili-
tary recruiting.
Sec. 1542. Amendment to annual assessments and reports on assignment of certain
budget control responsibility to Commander of the United States Cyber
Command.
Sec. 1543. Study on reducing incentives for cyber attacks on defense critical infra-
structure of the United States.
Sec. 1544. Integration of reserve component into cyber mission force.
Sec. 1545. Annual report on Mission Assurance Coordination Board activities.
Sec. 1546. Limitation on the divestment, consolidation, and curtailment of certain
electronic warfare test and evaluation activities.
TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Acquisition career path in the Space Force.
Sec. 1602. Noise mitigation regarding space launches.
Sec. 1603. Acquisition and operation of space systems for space warfighting and
control.
Sec. 1604. Use of middle tier acquisition program for proliferated warfighter space
architecture of Space Development Agency.
Sec. 1605. Rocket cargo test and demonstration.
Sec. 1606. Continuation of operation of Defense Meteorological Satellite Program.
Sec. 1607. Study on establishing a tactical surveillance, reconnaissance, and track-
ing program of record.
Sec. 1608. Spaceport of the Future initiative and study on future space launch ca-
pacity.
Sec. 1609. Auxiliary payload for Next Generation Polar Overhead Persistent Infra-
red satellites.
Sec. 1610. Blast damage assessment guide for space vehicles at Air Force launch
complexes.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Vendor support to clandestine activities.
Sec. 1622. Sensitive activities of the Department of Defense.
Sec. 1623. Codification of Department of Defense insider threat program.
Sec. 1624. Provision by Air Force of meteorological services for intelligence commu-
nity.
Sec. 1625. Annual report on requests of combatant commands for remote sensing
data.
Sec. 1626. Review and evaluation of extension of inactive security clearances.
Subtitle C—Nuclear Forces
Sec. 1631. Adjustment to responsibilities of Nuclear Weapons Council.
Sec. 1632. Prohibition on reduction of intercontinental ballistic missiles of the
United States.
Sec. 1633. Matters relating to the nuclear-armed, sea-launched cruise missile.
Sec. 1634. Adjustment to bomber aircraft nuclear certification requirement.
Sec. 1635. Organizational realignment with respect to Office of the Assistant Sec-
retary of Defense for Nuclear Deterrence, Chemical and Biological De-
fense Policy and Programs; limitation on availability of certain funds.
Sec. 1636. Matters relating to intercontinental ballistic missiles of the United
States.
Sec. 1637. Deep cleaning of launch control centers of the Air Force Global Strike
Command.
Sec. 1638. Limitation on availability of funds pending notification of tasking au-
thority delegation.
Sec. 1639. Limitation on availability of funds pending commencement of annual
briefings on implementation of recommendations by the Congressional
Commission on the Strategic Posture of the United States.
Sec. 1640. Limitation on availability of funds for compensation caps.
Sec. 1641. Strategy to sustain Minuteman III intercontinental ballistic missile and
maximize end-of-life margin.
Sec. 1642. Matters relating to Air Force Global Strike Command.
Subtitle D—Missile Defense Programs
Sec. 1651. Modification to national missile defense policy to reflect Golden Dome
for America policy.
S. 1071—16
Sec. 1652. Golden Dome missile defense system.
Sec. 1653. Amendments to technical authority of Director of Missile Defense Agen-
cy regarding integrated air and missile defense activities and programs.
Sec. 1654. Prohibition on privatized or subscription-based missile defense intercept
capabilities.
Sec. 1655. Matters related to integrated air and missile defense capabilities to de-
fend Guam.
Sec. 1656. Design and construction of missile instrumentation range safety vessels.
Sec. 1657. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1658. Limitation on authority to reduce sustainment for or halt operation of
the AN/FPS–108 COBRA DANE radar.
Sec. 1659. Limitation on availability of funds pending independent analysis of
space-based missile defense capability.
Sec. 1660. Assessment of the Ronald Reagan Ballistic Missile Defense Test Site.
Sec. 1661. Biennial assessments of the Ronald Reagan Ballistic Missile Defense
Test Site.
Subtitle E—Matters Relating to Unidentified Anomalous Phenomena
Sec. 1671. Briefings on intercepts of unidentified anomalous phenomena by North
American Aerospace Defense Command and United States Northern
Command.
Sec. 1672. Elimination of duplicative reporting requirements relating to unidenti-
fied anomalous phenomena.
Sec. 1673. Accounting of security classification guides relating to unidentified
anomalous phenomena.
Subtitle F—Matters Relating to Electromagnetic Warfare
Sec. 1681. Modification of functions of Electromagnetic Spectrum Enterprise Oper-
ational Lead for Joint Electromagnetic Spectrum Operations to include
dynamic spectrum sharing technologies.
Sec. 1682. Integration of electronic warfare into Tier 1 and Tier 2 joint training ex-
ercises.
Sec. 1683. Annual review of the Joint Electromagnetic Battle Management Soft-
ware Program.
Sec. 1684. Support by the 350th Spectrum Warfare Wing to EA–37B Compass Call
aircraft.
Subtitle G—Other Matters
Sec. 1691. Cooperative threat reduction funds.
Sec. 1692. Prohibition on access to Department of Defense cloud-based resources by
certain individuals.
TITLE XVII—OTHER DEFENSE MATTERS
Sec. 1701. Technical and conforming amendments.
Sec. 1702. Copyright to a literary work produced by a civilian faculty member of
the Uniformed Services University of Health Sciences in the course of
such employment: free use by the Federal Government.
Sec. 1703. Temporary authority for nonimmigrant construction workers on Wake
Island.
Sec. 1704. Mapping and report on strategic ports.
Sec. 1705. Authorization of United States Coast Guard rotary aircraft work at De-
partment of Defense depots.
Sec. 1706. Continual assessment of impact of international state arms embargoes
on Israel and actions to address defense capability gaps.
Sec. 1707. Protection of certain facilities and assets from unmanned aircraft.
TITLE XVIII—ACQUISITION REFORM
Subtitle A—Alignment of the Defense Acquisition System
Sec. 1801. Alignment of the defense acquisition system with the needs of members
of the Armed Forces.
Sec. 1802. Establishment of the role of portfolio acquisition executive.
Sec. 1803. Amendments to life-cycle management and product support.
Sec. 1804. Adjustments to certain acquisition thresholds.
Sec. 1805. Modification to acquisition strategy.
Sec. 1806. Matters related to cost accounting standards.
Sec. 1807. Establishment of Project Spectrum.
Subtitle B—Requirements Process Reform
Sec. 1811. Modifications to Joint Requirements Oversight Council.
S. 1071—17
Sec. 1812. Ensuring successful implementation of requirements reform.
Subtitle C—Matters Relating to Commercial Products and Commercial Services
Sec. 1821. Modifications to relationship of other provisions of law to procurement
of commercial products and commercial services.
Sec. 1822. Modifications to commercial products and commercial services.
Sec. 1823. Modifications to commercial solutions openings.
Sec. 1824. Limitation on required flowdown of contract clauses to subcontractors
providing commercial products or commercial services.
Sec. 1825. Consumption-based solutions.
Sec. 1826. Exemptions for nontraditional defense contractors.
Sec. 1827. Clarification of conditions for payments for commercial products and
commercial services.
Sec. 1828. Review of commercial products and commercial services acquisition ap-
proach.
Subtitle D—Improvements to Acquisition Programs
Sec. 1831. Modifications to procurement for experimental purposes.
Sec. 1832. Modifications to requirements for modular open system approach.
Sec. 1833. Bridging Operational Objectives and Support for Transition program.
Subtitle E—Modifications to Strengthen the Industrial Base
Sec. 1841. Civil Reserve Manufacturing Network.
Sec. 1842. Transition to advanced manufacturing for certain critical readiness
items of supply.
Sec. 1843. Working group on the advanced manufacturing workforce.
Sec. 1844. Collaborative forum to address challenges to and limitations of the de-
fense industrial base.
Sec. 1845. Facility clearance acceleration for members of defense industrial consor-
tiums.
Sec. 1846. Improvements relating to advanced manufacturing.
Sec. 1847. Report on surge capacity in the defense industrial base.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2003. Effective date.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family Housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out fiscal year 2021 project at Fort
Gillem, Georgia.
Sec. 2105. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2106. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2107. Modification of authority to carry out fiscal year 2025 project at Smith
Barracks, Germany.
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 fiscal year 2022 project at Marine
Corps Air Station Cherry Point, North Carolina.
Sec. 2205. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2206. Extension of authority to carry out certain fiscal year 2023 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 2019 projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2020 projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2308. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2309. Modification of authority to carry out certain fiscal year 2025 projects.
S. 1071—18
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 2019 project at Iwakuni,
Japan.
Sec. 2405. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2406. Extension of authority to carry out certain fiscal year 2023 projects.
Sec. 2407. Modification of authority to carry out fiscal year 2024 project at Red-
stone Arsenal, Alabama.
Sec. 2408. Modification of authority to carry out fiscal year 2024 project at Lake
City Army Ammunition Plant, Missouri.
Sec. 2409. Modification of authority to carry out fiscal year 2025 project at Joint
Base Andrews, Maryland.
Sec. 2410. Modification of authority to carry out fiscal year 2025 project at Joint
Base Mcguire-Dix-Lakehurst, New Jersey.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
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 certain fiscal year 2023 projects.
Sec. 2608. Modification of authority to carry out fiscal year 2023 project at Tucson
International Airport, Arizona.
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 to definition of military installation resilience.
Sec. 2802. Facility construction or repair: transactions other than contracts and
grants.
Sec. 2803. Requirement for the military departments to develop and update a 20-
year infrastructure improvement plan.
Sec. 2804. Improvements to water management and security on military installa-
tions.
Sec. 2805. Modification to assistance for public infrastructure projects and services.
Sec. 2806. Modifications to Defense Community Infrastructure Program.
Sec. 2807. Inclusion of demolition projects in Defense Community Infrastructure
Program.
Sec. 2808. Supervision of military construction projects.
Sec. 2809. Authority to use accelerated design-build and progressive design-build
procedures for military construction projects.
Sec. 2810. Extension of authority for temporary expanded land acquisition for
equine welfare.
Sec. 2811. Extension of requirement for contract for obligation and execution of de-
sign funds for military construction projects.
Sec. 2812. Modification of pilot program on increased use of sustainable building
materials in military construction to include sustainable building tech-
nologies identified by the Comptroller General of the United States.
S. 1071—19
Sec. 2813. Increase of maximum amount for certain replacement projects for dam-
aged or destroyed facilities.
Sec. 2814. Multiyear contracting authority for certain military construction
projects.
Sec. 2815. Guidance for military construction projects for innovation, research, de-
velopment, test, and evaluation.
Sec. 2816. Authorization for cost-plus-incentive-fee contracts for certain Shipyard
Infrastructure Optimization Program military construction projects.
Sec. 2817. Implementation of Comptroller General recommendations relating to in-
formation sharing to improve oversight of military construction.
Subtitle B—Military Housing Reforms
Sec. 2821. Improvements to Department of Defense Housing Requirements and
Market Analysis.
Sec. 2822. Improvements to annual reports on certain waivers for covered military
unaccompanied housing.
Sec. 2823. Continuation and modification of certain reporting requirements with re-
spect to privatized military housing.
Sec. 2824. Modification of certain requirements with respect to closure of mainte-
nance work orders for privatized military housing.
Sec. 2825. Inclusion of additional landlord financial information in certain annual
report on privatized military housing.
Sec. 2826. Application of certain authorities and standards to historic military
housing and associated historic properties of the Department of Defense.
Sec. 2827. Improvement of administration of military unaccompanied housing.
Sec. 2828. Authority for unaccompanied housing project under pilot authority for
use of other transactions for installation or facility prototyping.
Sec. 2829. Pilot program for emerging technologies for moisture control and mitiga-
tion.
Sec. 2830. Standardization of mold remediation guidelines across military depart-
ments.
Sec. 2831. Inspections by qualified home inspector of privatized and Government-
owned military housing.
Sec. 2832. Plan to improve accuracy, integration, and interoperability of Depart-
ment of Defense data with respect to real property, infrastructure, and
military unaccompanied housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2841. Modification of requirement with respect to minimum capital investment
for facilities sustainment, restoration, and modernization for military
departments.
Sec. 2842. Authorization for monetary contributions to the conveyees of utility sys-
tems for infrastructure improvements.
Sec. 2843. Extension of authority to carry out Department of Defense pilot program
for use of cost savings realized.
Sec. 2844. Department of Defense intergovernmental support agreements for ord-
nance disposal.
Sec. 2845. Inclusion of territories in certain intergovernmental support agreements
for installation-support services.
Sec. 2846. Requirements relating to military installation closures and report on
Army organic industrial base sites.
Sec. 2847. Department of Defense procedures with respect to planning coordination
for grid resiliency on military installations.
Sec. 2848. Repeal of construction requirements related to antiterrorism and force
protection or urban-training operations.
Sec. 2849. Repeal of pilot program authorizing overhead cost reimbursements from
major range and test facility base users at certain Department of the
Air Force installations.
Sec. 2850. Master plans for Service Academies.
Sec. 2851. Annual report on cost premium for construction of certain facilities.
Sec. 2852. Implementation of Comptroller General recommendations relating to
critical military housing supply and affordability.
Sec. 2853. Plan for deploying private fifth generation and future generation Open
Radio Access Network architecture on Department of Defense military
installations.
Subtitle D—Land Conveyances
Sec. 2861. Historical marker commemorating effects of radiation exposure at
Holloman Air Force Base and White Sands Missile Range.
Sec. 2862. Prohibition on development of a golf course at Greenbury Point Con-
servation Area At Naval Support Activity Annapolis, Maryland.
S. 1071—20
Sec. 2863. Extension of prohibition on joint use of Homestead Air Reserve Base
with civil aviation.
Sec. 2864. Extension of sunset for land conveyance, Sharpe Army Depot, Lathrop,
California.
Sec. 2865. Clarification of land conveyance, Fort Hood, Texas.
Sec. 2866. Extension of certain military land withdrawals and correction of certain
land descriptions.
Sec. 2867. Land conveyance, former Curtis Bay Depot, Maryland.
Sec. 2868. Land conveyance, Sigsbee Park Annex, Naval Air Station, Key West,
Florida.
Subtitle E—Modifications to Unspecified Minor Military Construction
Sec. 2871. Modifications to certain congressional notifications for certain military
construction projects.
Sec. 2872. Modification to dollar threshold for notifications for certain military con-
struction projects.
Sec. 2873. Transfer of defense laboratory modernization program authority to pro-
vision of law with respect to military construction projects for research,
test, development, and evaluation.
Sec. 2874. Authority of a Secretary concerned to carry out certain unspecified
minor military construction projects.
Subtitle F—Other Matters
Sec. 2881. Extension of Department of the Army Pilot Program for Development
and Use of Online Real Estate Inventory Tool.
Sec. 2882. Expansion of exceptions to restriction on development of public infra-
structure in connection with realignment of marine corps forces in Asia
Pacific region.
Sec. 2883. Joint base facility management of Department of Defense.
Sec. 2884. Designation of official responsible for coordination of defense sites within
area of responsibility of Joint Region Marianas.
Sec. 2885. Designation of Ronald Reagan Space and Missile Test Range at Kwaja-
lein Atoll.
Sec. 2886. Designation of Creech Air Force Base as a remote or isolated installa-
tion.
Sec. 2887. Pilot program on use of advanced manufacturing construction tech-
nologies at military installations.
Sec. 2888. Pilot program on procurement of utility services for installations of the
Department of Defense through areawide contracts.
Sec. 2889. Consideration of modular construction methods for military construction
projects with protective design elements.
Sec. 2890. Notice relating to contracts or other agreements to establish an enduring
location in a foreign country.
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. Organization and codification of provisions of law relating to atomic en-
ergy defense activities.
Sec. 3112. Plutonium pit production capacity.
Sec. 3113. Stockpile responsiveness and rapid capabilities programs of the National
Nuclear Security Administration.
Sec. 3114. Protection of certain nuclear facilities and assets from unmanned air-
craft.
Sec. 3115. Extension of authority for appointment of certain scientific, engineering,
and technical personnel.
Sec. 3116. Notification of cost overruns for certain Department of Energy projects.
Sec. 3117. Appropriate scoping of artificial intelligence research within the Na-
tional Nuclear Security Administration.
Subtitle C—Reports and Other Matters
Sec. 3121. Modification to reporting requirements with respect to nuclear weapons
stockpile stewardship, management, and responsiveness plan.
S. 1071—21
Sec. 3122. Assessment of the National Nuclear Security Administration Spent Fuel
Handling Recapitalization Project.
Sec. 3123. Department of Energy report on expansion of other transaction authori-
ties for National Nuclear Security Administration.
Sec. 3124. Office of Environmental Management program-wide performance metrics
for reducing risk.
Sec. 3125. Office of Environmental Management integrated radioactive waste dis-
posal planning and optimization.
Sec. 3126. Prohibition relating to reclassification of high-level waste.
Sec. 3127. National security positions within the Department of Energy.
Sec. 3128. Consultation requirement with respect to transfer to private entities of
plutonium or plutonium materials; report.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security programs.
DIVISION E—DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL
YEAR 2026
Sec. 5001. Short title; table of contents.
Sec. 5002. Definitions.
TITLE I—ORGANIZATION AND OPERATIONS
Subtitle A—Management and Consular Affairs
Sec. 5111. Under Secretary for Management.
Sec. 5112. Office of Medical Services.
Sec. 5113. Assistant Secretary for Administration.
Sec. 5114. Bureau of Administration.
Sec. 5115. Office of the Historian.
Sec. 5116. Chief information officer for diplomatic technology.
Sec. 5117. Bureau of Diplomatic Technology.
Sec. 5118. Assistant Secretary for Consular Affairs.
Sec. 5119. Bureau of Consular Affairs.
Sec. 5120. Sense of Congress regarding modernization and realignment of consular
systems.
Sec. 5121. Fee for use of diplomatic reception rooms.
Subtitle B—Human Resources
Sec. 5131. Assistant Secretary for Human Resources.
S. 1071—22
Sec. 5132. Bureau of Human Resources.
Sec. 5133. Veterans Innovation Partnership Fellowship Program.
Sec. 5134. Thomas R. Pickering Foreign Affairs Fellowship Program.
Sec. 5135. Charles B. Rangel International Affairs Fellowship Program.
Sec. 5136. Donald M. Payne International Development Fellowship Program.
Sec. 5137. Matters relating to the Foreign Service Institute.
Sec. 5138. Fees for use of the George P. Schultz National Foreign Affairs Training
Center.
Subtitle C—Political Affairs
Sec. 5141. Under Secretary for Political Affairs.
Sec. 5142. Congressional notification regarding changes to bureau jurisdiction.
Sec. 5143. Ambassador-at-Large for the Arctic.
Sec. 5144. Ambassador-at-Large for the Indian Ocean region.
Sec. 5145. Assistant Secretary for East Asian and Pacific Affairs.
Sec. 5146. Bureau of East Asian and Pacific Affairs.
Sec. 5147. Director of the Office of Multilateral Affairs in Bureau of East Asian and
Pacific Affairs.
Sec. 5148. Countering PRC Influence Fund Unit.
Sec. 5149. Assistant Secretary for African Affairs.
Sec. 5150. Bureau of African Affairs.
Sec. 5151. Assistant Secretary for Near Eastern Affairs.
Sec. 5152. Bureau of Near Eastern Affairs.
Sec. 5153. Assistant Secretary for South and Central Asian Affairs.
Sec. 5154. Bureau of South and Central Asian Affairs.
Sec. 5155. Assistant Secretary for Western Hemisphere Affairs.
Sec. 5156. Bureau of Western Hemisphere Affairs.
Sec. 5157. Office of Haitian Affairs.
Sec. 5158. Assistant Secretary for European and Eurasian Affairs.
Sec. 5159. Bureau of European and Eurasian Affairs.
Sec. 5160. Countering Russian Influence Fund Unit.
Sec. 5161. Assistant Secretary for International Organization Affairs.
Sec. 5162. Bureau of International Organization Affairs.
Subtitle D—Other Matters
Sec. 5171. Periodic briefings from Bureau of Intelligence and Research.
Sec. 5172. Support for congressional delegations.
Sec. 5173. Notification requirements for authorized and ordered departures.
Sec. 5174. Strengthening enterprise governance.
Sec. 5175. Establishing and expanding the Regional China Officer program.
Sec. 5176. Report on China’s diplomatic posts.
Sec. 5177. Notification of intent to reduce personnel at covered diplomatic posts.
Sec. 5178. Foreign affairs manual changes.
TITLE II—WORKFORCE MATTERS
Sec. 5201. Report on vetting of Foreign Service Institute language instructors.
Sec. 5202. Training limitations.
Sec. 5203. Language incentive pay for civil service employees.
Sec. 5204. Options for comprehensive evaluations.
Sec. 5205. Job share and part-time employment opportunities.
Sec. 5206. Promoting reutilization of language skills in the Foreign Service.
TITLE III—INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 5301. Post Data Pilot Program.
Sec. 5302. Authorization to use commercial cloud enclaves overseas.
Sec. 5303. Reports on technology transformation projects at the Department.
Sec. 5304. Commercial spyware.
TITLE IV—PUBLIC DIPLOMACY
Sec. 5401.
Under Secretary for Public Diplomacy.
Sec. 5402. Assistant Secretary for Educational and Cultural Affairs.
Sec. 5403. Bureau of Educational and Cultural Affairs.
Sec. 5404. Foreign information manipulation and interference strategy.
Sec. 5405. Repeal of limitation on use of funds for international expositions.
TITLE V—DIPLOMATIC SECURITY
Sec. 5501. Assistant Secretary for Diplomatic Security.
Sec. 5502. Special agents.
Sec. 5503. Modification of congressional notification requirement relating to em-
bassy reopening.
S. 1071—23
Sec. 5504. Counter-intelligence training for certain diplomatic security agents.
Sec. 5505. Expansion of counter-intelligence personnel security program to include
nonsecurity staff.
Sec. 5506. Report on security conditions in Damascus, Syria, required for the re-
opening of the United States diplomatic mission.
Sec. 5507. Embassies, consulates, and other diplomatic installations return to
standards report.
Sec. 5508. Reauthorization of overtime pay for protective services.
TITLE VI—MISCELLANEOUS
Sec. 5601. Submission of federally funded research and development center reports
to Congress.
Sec. 5602. Quarterly report on diplomatic pouch access.
Sec. 5603. Report on utility of instituting a processing fee for ITAR license applica-
tions.
Sec. 5604. HAVANA Act payment fix.
Sec. 5605. Establishing an inner Mongolia section within the United States Mission
in China.
Sec. 5606. Report on United States Mission Australia staffing.
Sec. 5607. Extensions.
Sec. 5608. Updating counterterrorism reports.
DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2026
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.
TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII—INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by law.
Sec. 6303. Notice of impact of diplomatic and consular post closings on intelligence
community.
Sec. 6304. Unauthorized access to intelligence community property.
Sec. 6305. Annual survey of analytic objectivity among officers and employees of
elements of the intelligence community.
Sec. 6306. Annual training requirement and report regarding analytic standards.
Sec. 6307. Prohibiting discrimination in the intelligence community.
Sec. 6308. Estimate of cost to ensure compliance with Intelligence Community Di-
rective 705.
Sec. 6309. Plan for implementing an integrated system spanning the intelligence
community for accreditation of sensitive compartmented information fa-
cilities.
Sec. 6310. Reforms relating to inactive security clearances.
TITLE LXIV—INTELLIGENCE COMMUNITY EFFICIENCY AND
EFFECTIVENESS
Sec. 6401. Short title.
Sec. 6402. Modification of responsibilities and authorities of the Director of Na-
tional Intelligence.
Sec. 6403. Plan for optimized staffing of the Office of the Director of National Intel-
ligence.
Sec. 6404. National Counterproliferation and Biosecurity Center.
Sec. 6405. Termination of Office of Engagement.
TITLE LXV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Subtitle A—Central Intelligence Agency
Sec. 6501. Guidance on novel and significant expenditures for purposes of notifica-
tion under the Central Intelligence Agency Act of 1949.
S. 1071—24
Sec. 6502. Improvements to security of Central Intelligence Agency installations.
Sec. 6503. Annual Central Intelligence Agency workplace climate assessment.
Sec. 6504. Chaplain Corps and Chief of Chaplains of the Central Intelligence Agen-
cy.
Sec. 6505. Technical amendment to procurement authorities of Central Intelligence
Agency.
Subtitle B—Elements of Department of Defense
Sec. 6511. Counterintelligence briefings for members of the Armed Forces.
Subtitle C—Federal Bureau of Investigation
Sec. 6521. Notice of counterintelligence assessments and investigations by the Fed-
eral Bureau of Investigation of candidates for or holders of Federal of-
fice.
Sec. 6522. Notification of material changes to policies or procedures governing ter-
rorist watchlist and transnational organized crime watchlist.
Sec. 6523. Annual report on United States persons on the terrorist watch list.
Sec. 6524. Annual report on Federal Bureau of Investigation case data.
TITLE LXVI—ARTIFICIAL INTELLIGENCE AND OTHER EMERGING
TECHNOLOGIES
Subtitle A—Artificial Intelligence
Sec. 6601. Artificial Intelligence security guidance.
Sec. 6602. Artificial intelligence development and usage by intelligence community.
Sec. 6603. Application of artificial intelligence policies of the intelligence commu-
nity to publicly available models hosted in classified environments.
Sec. 6604. Prohibition on use of DeepSeek on intelligence community systems.
Subtitle B—Biotechnology
Sec. 6611. Senior officials for biotechnology.
Sec. 6612. Plan on enhanced intelligence sharing relating to foreign adversary bio-
technological threats.
Sec. 6613. Enhancing biotechnology talent within the intelligence community.
Sec. 6614. Enhanced intelligence community support to secure United States bio-
logical data.
Sec. 6615. Ensuring intelligence community procurement of domestic United States
production of synthetic DNA and RNA.
Sec. 6616. Strategy for addressing intelligence gaps relating to China’s investment
in United States-origin biotechnology.
Subtitle C—Other Matters
Sec. 6621. Enhancing intelligence community technology adoption metrics.
Sec. 6622. Report on identification of intelligence community sites for advanced nu-
clear technologies.
Sec. 6623. Strategy on intelligence coordination and sharing relating to critical and
emerging technologies.
TITLE LXVII—MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A—Matters Relating to China
Sec. 6701. Modification of annual reports on influence operations and campaigns in
the United States by the Chinese Communist Party.
Sec. 6702. Intelligence sharing with allies on Chinese Communist Party efforts in
Europe.
Sec. 6703. Prohibition on intelligence community contracting with Chinese military
companies engaged in biotechnology research, development, or manufac-
turing.
Sec. 6704. Report on the wealth of the leadership of the Chinese Communist Party.
Sec. 6705. Assessment and report on investments by the People’s Republic of China
in the agriculture sector of Brazil.
Sec. 6706. Identification of entities that provide support to the People’s Liberation
Army.
Sec. 6707. Mission manager for the People’s Republic of China.
Sec. 6708. National Intelligence Estimate of advancements in biotechnology by the
People’s Republic of China.
Subtitle B—Other Matters
Sec. 6711. Improvements to requirement for monitoring of Iranian enrichment of
uranium-235.
S. 1071—25
Sec. 6712. Policy toward certain agents of foreign governments.
Sec. 6713. Extension of intelligence community coordinator for Russian atrocities
accountability.
Sec. 6714. Plan to enhance intelligence support to counter foreign influence in-
tended to continue or expand the conflict in Sudan.
Sec. 6715. Review of information relating to actions by foreign governments to as-
sist persons evading justice.
Sec. 6716. National Intelligence Estimate on the Western Hemisphere.
Sec. 6717. Plan to enhance counternarcotics collaboration, coordination, and co-
operation with the Government of Mexico.
Sec. 6718. Requirements with respect to duty to warn former senior officials and
other United States persons.
TITLE LXVIII—REPORTS AND OTHER MATTERS
Sec. 6801. Modification and repeal of reporting requirements.
Sec. 6802. Revisions to congressional notification of intelligence collection adjust-
ments.
Sec. 6803. Declassification of intelligence and additional transparency measures re-
lating to the COVID–19 pandemic.
Sec. 6804. Classified intelligence budget justification materials and submission of
intelligence community drug control resource summary.
Sec. 6805. Requiring penetration testing as part of the testing and certification of
voting systems.
Sec. 6806. Standard guidelines for intelligence community to report and document
anomalous health incidents.
DIVISION G—COAST GUARD AUTHORIZATION ACT OF 2025
Sec. 7001. Short title; table of contents.
Sec. 7002. Definitions and directions.
Sec. 7103. Automatic execution of conforming changes.
TITLE LXXI—COAST GUARD
Subtitle A—Authorization of Appropriations
Sec. 7101. Authorization of appropriations.
Sec. 7102. Authorized levels of military strength and training.
Subtitle B—Accountability
Sec. 7111. Annual report on progress of certain homeporting projects.
Sec. 7112. Major acquisitions.
Sec. 7113. Quarterly acquisition brief requirements.
Sec. 7114. Overdue reports.
Sec. 7115. Requirement for Coast Guard to provide analysis of alternatives for air-
craft.
Sec. 7116. Oversight of funds.
Sec. 7117. Regular polar security cutter updates.
Sec. 7118. Annual plan for Coast Guard operations in the Pacific; feasibility study
on supporting additional port visits and deployments in support of oper-
ation blue pacific.
Sec. 7119. Annual plan for Coast Guard operations in the Caribbean.
Sec. 7120. Prohibition on submission to Congress of slideshow presentations.
TITLE LXXII—ORGANIZATION, AUTHORITIES, ACQUISITION, AND
PERSONNEL OF THE COAST GUARD
Subtitle A—Authorities
Sec. 7201. Reorganization of chapter 3.
Sec. 7202. Public availability of information.
Sec. 7203. Modification of treatment of minor construction and improvement project
management.
Sec. 7204. Agreements.
Sec. 7205. Preparedness plans for Coast Guard properties located in tsunami inun-
dation zones.
Sec. 7206. Additional Pribilof Island transition completion actions.
Sec. 7207. Coast Guard access to Department of the Treasury fund.
Subtitle B—Acquisition
Sec. 7211. Modification of prohibition on use of lead systems integrators.
Sec. 7212. Acquisition improvements.
Sec. 7213. Restriction on acquisition, procurement, or construction of vessels in for-
eign shipyards.
S. 1071—26
Sec. 7214. Floating drydock for United States Coast Guard Yard.
Sec. 7215. Great Lakes icebreaking.
Sec. 7216. Briefing on deployment of special purpose craft–heavy weather second
generation (SPEC-HWX II) vessels in Pacific Northwest.
Sec. 7217. Report on 87-foot patrol boat fleet.
Sec. 7218. Procurement of tactical maritime surveillance systems.
Subtitle C—Personnel
Sec. 7221. Designation of officers with particular expertise in military justice or
healthcare.
Sec. 7222. Deferred retirement and retention in active duty status for health pro-
fessions officers.
Sec. 7223. Modifications to the officer involuntary separation process.
Sec. 7224. Modifications and revisions relating to reopening retired grade deter-
minations.
Sec. 7225. Family leave policies for Coast Guard.
Sec. 7226. Modifications to career flexibility program.
Sec. 7227. Members asserting post-traumatic stress disorder, sexual assault, or
traumatic brain injury.
Sec. 7228. Authority for certain personnel; command sponsorship for dependents of
members of Coast Guard assigned to Unalaska, Alaska; improved pre-
vention of and response to hazing and bullying.
Sec. 7229. Authorization for maternity uniform allowance for officers.
Sec. 7230. Additional available guidance and considerations for reserve selection
boards.
Sec. 7231. Behavioral health.
Sec. 7232. Travel allowance for members of Coast Guard assigned to Alaska.
Sec. 7233. Tuition assistance and advanced education assistance pilot program.
Sec. 7234. Recruitment, relocation, and retention incentive program for civilian
firefighters employed by Coast Guard remote locations.
Sec. 7235. Notification.
Subtitle D—Coast Guard Academy
Sec. 7241. Modification of reporting requirements on covered misconduct in Coast
Guard Academy; consideration of request for transfer of a cadet at the
Coast Guard Academy who is the victim of a sexual assault or related
offense; room reassignment.
Sec. 7242. Modification of Board of Visitors.
Sec. 7243. Coast Guard Academy Cadet Advisory Board.
Sec. 7244. Authorization for use of Coast Guard Academy facilities and equipment
by covered foundations.
Sec. 7245. Policy on hazing.
Sec. 7246. Concurrent jurisdiction at Coast Guard Academy.
Sec. 7247. Study on Coast Guard Academy oversight.
Sec. 7248. Electronic locking mechanisms to ensure Coast Guard Academy cadet
room security.
Sec. 7249. Report on existing behavioral health and wellness support services facili-
ties at Coast Guard Academy.
Sec. 7250. Required posting of information.
Sec. 7251. Installation of behavioral health and medical privacy rooms.
Sec. 7252. Review and modification of Coast Guard Academy policy on sexual har-
assment and sexual violence.
Subtitle E—Reports and Policies
Sec. 7261. Policy and briefing on availability of naloxone to treat opioid, including
Fentanyl, overdoses.
Sec. 7262. Policy on methods to reduce incentives for illicit maritime drug traf-
ficking.
Sec. 7263. Plan for joint and integrated maritime operational and leadership train-
ing for United States Coast Guard and Taiwan Coast Guard administra-
tion.
Sec. 7264. Aids to navigation.
Sec. 7265. Study and gap analysis with respect to Coast Guard Air Station Corpus
Christi aviation hanger.
Sec. 7266. Report on impacts of joint travel regulations on members of Coast Guard
who rely on ferry systems.
Sec. 7267. Report on Junior Reserve Officers’ Training Corps program.
Sec. 7268. Report on and expansion of Coast Guard Junior Reserve Officers’ Train-
ing Corps program.
Sec. 7269. Annual report on administration of sexual assault forensic examination
kits.
S. 1071—27
Sec. 7270. Report on Coast Guard personnel skills.
Sec. 7271. Report on Coast Guard search and rescue operations.
Sec. 7272. Report on East Rockaway Inlet navigation.
Sec. 7273. Responsible property ownership and tracking.
Sec. 7274. Study on effects of oceanographic, weather, and coastal conditions on
Coast Guard missions.
Sec. 7275. Parental leave surge staffing program.
Sec. 7276. Modification of strategy to improve quality of life at remote units.
Sec. 7277. Retention of certain records.
Sec. 7278. Temporary installation of restroom facilities for Training Center Cape
May medical facility.
Sec. 7279. Childhood protection program.
TITLE LXXIII—SHIPPING AND NAVIGATION
Subtitle A—Merchant Mariner Credentials
Sec. 7301. Merchant mariner credentialing.
Sec. 7302. Nonoperating individual.
Subtitle B—Vessel Safety
Sec. 7311. Grossly negligent operations of a vessel.
Sec. 7312. Performance driven examination schedule.
Sec. 7313. Fishing safety training and research.
Sec. 7314. Designating pilotage waters for the Straits of Mackinac.
Sec. 7315. Requirement to report sexual offenses.
Sec. 7316. Requirements for certain fishing vessels and fish tender vessels.
Sec. 7317. Study of amphibious vessels.
Sec. 7318. St. Lucie River railroad bridge.
Subtitle C—Ports
Sec. 7321. Ports and waterways safety.
Sec. 7322. Study on Bering Strait vessel traffic projections and emergency response
posture at ports of the United States.
Sec. 7323. Improving vessel traffic service monitoring.
Sec. 7324. Controlled substance onboard vessels.
Sec. 7325. Cyber-incident training.
Sec. 7326. Navigational protocols.
Sec. 7327. Anchorages.
Subtitle D—Matters Involving Uncrewed Systems
Sec. 7331. Pilot program for governance and oversight of small uncrewed maritime
systems.
Sec. 7332. Coast Guard training course.
Sec. 7333. NOAA membership on autonomous vessel policy council.
Sec. 7334. Technology pilot program.
Sec. 7335. Uncrewed systems capabilities report.
Sec. 7336. Medium unmanned aircraft systems capabilities study.
Sec. 7337. National Academy of Sciences report on uncrewed systems and use of
data.
Sec. 7338. Unmanned aircraft systems.
Subtitle E—Other Matters
Sec. 7341. Information on type approval certificates.
Sec. 7342. Clarification of authorities.
Sec. 7343. Amendments to passenger vessel security and safety requirements.
Sec. 7344. Extension of pilot program to establish a cetacean desk for Puget Sound
region.
Sec. 7345. Suspension of enforcement of use of devices broadcasting on AIS for pur-
poses of making fishing gear.
Sec. 7346. Classification societies.
Sec. 7347. Abandoned and derelict vessel removals.
Sec. 7348. Offshore operations.
Sec. 7349. Port access routes.
TITLE LXXIV—OIL POLLUTION RESPONSE
Sec. 7401. Vessel response plans.
Sec. 7402. Use of marine casualty investigations.
Sec. 7403. Timing of review.
Sec. 7404. Online incident reporting system.
Sec. 7405. Investment.
S. 1071—28
Sec. 7406. Additional response assets.
Sec. 7407. International maritime oil spill response.
TITLE LXXV—SEXUAL ASSAULT AND SEXUAL HARASSMENT RESPONSE
Subtitle A—Accountability Implementation
Sec. 7501. Independent review of Coast Guard reforms.
Sec. 7502. Coast Guard implementation of independent review commission rec-
ommendations on addressing sexual assault and sexual harassment in
the military.
Subtitle B—Misconduct
Sec. 7511. Covered misconduct.
Sec. 7512. Policy relating to care and support of victims of covered misconduct.
Sec. 7513. Flag officer review of, and concurrence in, separation of members who
have reported covered misconduct.
Sec. 7514. Policy and program to expand prevention of sexual misconduct.
Sec. 7515. Training and education programs for covered misconduct prevention and
response.
Subtitle C—Other Matters
Sec. 7521. Complaints of retaliation by victims of sexual assault or sexual harass-
ment and related persons.
Sec. 7522. Development of policies on military protective orders.
Sec. 7523. Establishment of special victim capabilities to respond to allegations of
certain special victim offenses.
Sec. 7524. Participation in CATCH a Serial Offender program.
Sec. 7525. Confidential reporting of sexual harassment.
Sec. 7526. Report on policy on whistleblower protections.
Sec. 7527. Coast Guard and Coast Guard Academy access to defense sexual assault
incident database.
Sec. 7528. Expedited transfer in cases of sexual misconduct or domestic violence.
Sec. 7529. Access to temporary separation program for victims of alleged sex-re-
lated offenses.
Sec. 7530. Continuous vetting of security clearances.
TITLE LXXVI—COMPTROLLER GENERAL REPORTS
Sec. 7601. Comptroller General report on Coast Guard research, development, and
innovation program.
Sec. 7602. Comptroller General study on vessel traffic service center employment,
compensation, and retention.
Sec. 7603. Comptroller General review of quality and availability of Coast Guard
behavioral health care and resources for personnel wellness.
Sec. 7604. Comptroller General study on Coast Guard efforts to reduce prevalence
of missing or incomplete medical records and sharing of medical data
with Department of Veterans Affairs and other entities.
Sec. 7605. Comptroller General study on Coast Guard training facility infrastruc-
ture.
Sec. 7606. Comptroller General study on facility and infrastructure needs of Coast
Guard stations conducting border security operations.
Sec. 7607. Comptroller General study on Coast Guard basic allowance for housing.
Sec. 7608. Comptroller General report on safety and security infrastructure at
Coast Guard Academy.
Sec. 7609. Comptroller General study on athletic coaching at Coast Guard Acad-
emy.
Sec. 7610. Comptroller General study and report on permanent change of station
process.
Sec. 7611. Comptroller General review of Coast Guard Investigative Service.
TITLE LXXVII—AMENDMENTS
Sec. 7701. Amendments.
DIVISION H—OTHER MATTERS
TITLE LXXXI—FINANCIAL SERVICES MATTERS
Sec. 8101. Defense Production Act of 1950 extension.
Sec. 8102. Review of and reporting on national security sensitive sites for purposes
of reviews of real estate transactions by the Committee on Foreign In-
vestment in the United States.
Sec. 8103. Disclosures by directors, officers, and principal stockholders.
Sec. 8104. Study and report.
S. 1071—29
TITLE LXXXII—JUDICIARY MATTERS
Sec. 8201.
Authority of Marshal of the Supreme Court and Supreme Court Police.
Sec. 8202. PROTECT Our Children Act of 2008 reauthorization.
Sec. 8203. Trauma kit standards.
Sec. 8204. Inclusion of certain retired public safety officers in the public safety offi-
cers’ death benefits program.
Sec. 8205. Honoring our fallen heroes.
TITLE LXXXIII—FOREIGN AFFAIRS MATTERS
Subtitle A—Taiwan Non-Discrimination Act of 2025
Sec. 8301. Short title.
Sec. 8302. Findings.
Sec. 8303. Sense of the Congress.
Sec. 8304. Support for Taiwan admission to the IMF.
Sec. 8305. Testimony requirement.
Subtitle B—BUST Fentanyl Act
Sec. 8311. Short title.
Sec. 8312. International Narcotics Control Strategy Report.
Sec. 8313. Study and report on efforts to address fentanyl trafficking from the peo-
ple’s republic of china and other relevant countries.
Sec. 8314. Amendments to the Fentanyl Sanctions Act.
Sec. 8315. Prioritization of identification of persons from the People’s Republic of
China.
Sec. 8316. Expansion of sanctions under the Fentanyl Sanctions Act.
Sec. 8317. Imposition of sanctions with respect to agencies or instrumentalities of
foreign states.
Sec. 8318. Annual report on efforts to prevent the smuggling of methamphetamine
into the United States from Mexico.
Sec. 8319. Responding to crime and corruption in Haiti.
Sec. 8320. Rule of construction regarding the use of military force.
Subtitle C—Western Balkans Democracy and Prosperity
Sec. 8331. Short title.
Sec. 8332. Findings.
Sec. 8333. Sense of Congress.
Sec. 8334. Definitions.
Sec. 8335. Sanctions relating to the Western Balkans.
Sec. 8336. Democratic and economic development and prosperity initiatives.
Sec. 8337. Promoting cross-cultural and educational engagement.
Sec. 8338. Young Balkan Leaders Initiative.
Sec. 8339. Supporting cybersecurity and cyber resilience in the Western Balkans.
Sec. 8340. Relations between Kosovo and Serbia.
Sec. 8341. Reports on Russian and Chinese malign influence operations and cam-
paigns in the Western Balkans.
Subtitle D—Countering Wrongful Detention Act of 2025
Sec. 8351. Short title.
Sec. 8352. Designation of a foreign country as a State Sponsor of Unlawful or
Wrongful Detention.
Sec. 8353. Congressional Report on components related to hostage affairs and re-
covery.
Sec. 8354. Rule of construction.
Subtitle E—Other Matters
Sec. 8361. National registry of Korean American divided families.
Sec. 8362. Sense of Congress on Russia’s illegal abduction of Ukrainian children.
Sec. 8363. Supporting the identification and recovery of abducted Ukrainian chil-
dren.
Sec. 8364. Fairness in issuance of tactical gear to Diplomatic Security Service per-
sonnel.
Sec. 8365. Strategy for countering transnational criminal organizations in Mexico.
Sec. 8366. International nuclear energy.
Sec. 8367. Strategy to respond to global bases of the People’s Republic of China.
Sec. 8368. Disposition of weapons and materiel in transit from Iran to the Houthis
in Yemen.
Sec. 8369. Repeal of Caesar Syria Civilian Protection Act of 2019.
Sec. 8370. Repeal of Authorizations for Use of Military Force relating to Iraq.
S. 1071—30
TITLE LXXXIV—NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Subtitle A—National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 8401. Title and qualifications of head of National Oceanic and Atmospheric
Administration Commissioned Officer Corps and Office of Marine and
Aviation Operations; promotions of flag officers.
Sec. 8402. National Oceanic and Atmospheric Administration vessel fleet.
Sec. 8403. Cooperative Aviation Centers.
Sec. 8404. Eligibility of former officers to compete for certain positions.
Sec. 8405. Alignment of physical disqualification standard for obligated service
agreements with standard for veterans’ benefits.
Sec. 8406. Streamlining separation and retirement process.
Sec. 8407. Separation of ensigns found not fully qualified.
Sec. 8408. Repeal of limitation on educational assistance.
Sec. 8409. Disposal of survey and research vessels and equipment of the National
Oceanic and Atmospheric Administration.
Subtitle B—South Pacific Tuna Treaty Matters
Sec. 8411. References to South Pacific Tuna Act of 1988.
Sec. 8412. Definitions.
Sec. 8413. Prohibited acts.
Sec. 8414. Exceptions.
Sec. 8415. Criminal offenses.
Sec. 8416. Civil penalties.
Sec. 8417. Licenses.
Sec. 8418. Enforcement.
Sec. 8419. Findings by Secretary of Commerce.
Sec. 8420. Disclosure of information.
Sec. 8421. Closed area stowage requirements.
Sec. 8422. Observers.
Sec. 8423. Fisheries-related assistance.
Sec. 8424. Arbitration.
Sec. 8425. Disposition of fees, penalties, forfeitures, and other moneys.
Sec. 8426. Additional agreements.
Subtitle C—Other Matters
Sec. 8431. North Pacific Research Board enhancement.
TITLE LXXXV—COMPREHENSIVE OUTBOUND INVESTMENT NATIONAL
SECURITY ACT OF 2025
Subtitle A—General Matters
Sec. 8501. Secretary defined.
Sec. 8502. Severability.
Sec. 8503. Authorization of appropriations.
Sec. 8504. Sense of Congress.
Sec. 8505. Termination.
Subtitle B—Imposition of Sanctions
Sec. 8511. Imposition of sanctions.
Sec. 8512. Definitions.
Sec. 8513. Exception relating to importation of goods.
Subtitle C—Prohibition and Notification on Investments Relating to Covered
National Security Transactions
Sec. 8521. Prohibition and notification on investments relating to covered national
security transactions.
Subtitle D—Securities and Related Matters
Sec. 8531. Requirements relating to the Non-SDN Chinese Military-Industrial
Complex Companies List.
TITLE LXXXVI—SECURING THE AIRSPACE, FACILITATING EMERGENCY RE-
SPONSE, AND SAFEGUARDING KEY INFRASTRUCTURE, ENTERTAINMENT
VENUES, AND STADIUMS
Sec. 8601. Short title.
S. 1071—31
Sec. 8602. Drone countermeasures to protect public safety and critical infrastruc-
ture.
Sec. 8603. Use of grant funds for unmanned aircraft and counter unmanned air-
craft systems.
Sec. 8604. Use of grant funds for unmanned aircraft.
Sec. 8605. Penalties.
Sec. 8606. Rulemaking and implementation.
Sec. 8607. Severability.
TITLE LXXXVII—DFC MODERNIZATION AND REAUTHORIZATION ACT OF
2025
Sec. 8701. Short title.
Subtitle A—Definitions and Less Developed Country Focus
Sec. 8711. Definitions.
Sec. 8712. Less developed country focus.
Subtitle B—Management of Corporation
Sec. 8721. Structure of Corporation.
Sec. 8722. Board of Directors.
Sec. 8723. Chief Executive Officer.
Sec. 8724. Chief Risk Officer.
Sec. 8725. Chief Development Officer.
Sec. 8726. Chief Strategic Officer.
Sec. 8727. Officers and employees.
Sec. 8728. Development Finance Advisory Council.
Sec. 8729. Strategic Advisory Group.
Sec. 8730. Five-year strategic priorities plan.
Sec. 8731. Development finance education.
Sec. 8732. Internships.
Sec. 8733. Independent accountability mechanism.
Subtitle C—Authorities Relating to the Provision of Support
Sec. 8741. Equity investment.
Sec. 8742. Special projects.
Sec. 8743. Terms and conditions.
Sec. 8744. Termination.
Subtitle D—Other Matters
Sec. 8751. Operations.
Sec. 8752. Corporate powers.
Sec. 8753. Maximum contingent liability.
Sec. 8754. Performance measures, evaluation, and learning.
Sec. 8755. Annual report.
Sec. 8756. Publicly available project information.
Sec. 8757. Notifications to be provided by the corporation.
Sec. 8758. Limitations and preferences.
TITLE LXXXVIII—OTHER MATTERS
Sec. 8801. Pilot program for sound insulation repair and replacement.
Sec. 8802. Alignment of timing of updates of strategic plan with updates to Na-
tional Strategy for Advanced Manufacturing.
Sec. 8803. Lumbee Fairness Act.
Sec. 8804. Drinking water well replacement for Chincoteague, Virginia.
Sec. 8805. Briefing on implementation of Compact of Free Association Amendments
Act of 2024 with respect to veterans in the Freely Associated States.
Sec. 8806. Disinterment of remains of Fernando V. Cota from Fort Sam Houston
National Cemetery, Texas.
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
S. 1071—32
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 10, 2025, 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. Strategy for Army tactical wheeled vehicle program.
Sec. 112. Multiyear procurement authority for UH–60 Blackhawk aircraft.
Sec. 113. Authorization to initiate early production of future long-range assault air-
craft.
Sec. 114. Limitation on availability of funds for the Next Generation Command and
Control portfolio of capabilities of the Army.
Subtitle C—Navy Programs
Sec. 121. Modification to requirements for recapitalization of tactical fighter air-
craft of the Navy Reserve.
Sec. 122. Modification to limitations on Navy medium and large unmanned surface
vessels.
Sec. 123. Recapitalization of Navy waterborne security barriers; modification of
prohibition on availability of funds for legacy waterborne security bar-
riers.
Sec. 124. Contract authority for Ford-class aircraft carrier program.
Sec. 125. Contract authority for Columbia-class submarine program.
Sec. 126. Authority for advance procurement of certain components to support con-
tinuous production of Virginia-class submarines.
Sec. 127. Procurement authorities for Medium Landing Ships.
Sec. 128. Multiyear procurement authority for Yard, Repair, Berthing, and Messing
Barges.
Sec. 129. Vessel construction managers for the construction of certain Navy vessels.
Sec. 130. Limitation on construction of Modular Attack Surface Craft.
Sec. 131. Limitation on availability of funds for TAGOS ship program.
Sec. 132. Inclusion of information on amphibious warfare ship spares and repair
parts in Navy budget justification materials.
Subtitle D—Air Force Programs
Sec. 141. Modification of minimum inventory requirements for air refueling tanker
aircraft.
Sec. 142. Modification of prohibition on retirement of F–15E aircraft.
Sec. 143. Extension of limitations and minimum inventory requirement relating to
RQ–4 aircraft.
Sec. 144. Modification to annual report on Air Force tactical fighter aircraft force
structure.
Sec. 145. Extension of requirements relating to C–130 aircraft.
Sec. 146. Extension of prohibition on certain reductions to B–1 bomber aircraft
squadrons.
S. 1071—33
Sec. 147. Modification to minimum inventory requirement for A–10 aircraft.
Sec. 148. Preservation of retired KC–10 aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warning
and control system aircraft.
Sec. 150. B–21 bomber aircraft program accountability matrices.
Sec. 151. Bomber aircraft force structure and transition roadmap.
Sec. 152. Requirement for an intelligence, surveillance, and reconnaissance road-
map for the Air Force.
Sec. 153. Report on the F–47 advanced fighter aircraft program.
Sec. 154. Limitation on availability of funds pending report on acquisition strategy
for Airborne Command Post Capability.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Requirements relating to executive airlift aircraft.
Sec. 162. Amendments to prohibition on operation, procurement, and contracting
related to foreign-made light detection and ranging.
Sec. 163. Prohibition on availability of funds for contract termination or production
line shutdown for E–7A Wedgetail aircraft.
Sec. 164. Limitation on procurement of KC–46 aircraft pending certification on cor-
rection of deficiencies.
Sec. 165. Plan for open mission systems of F–35 aircraft.
Sec. 166. Annual GAO reviews of the F–35 aircraft program.
Subtitle A—Authorization of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2026 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.
Subtitle B—Army Programs
SEC. 111. STRATEGY FOR ARMY TACTICAL WHEELED VEHICLE PRO-
GRAM.
Section 112(a) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 7013 note) is
amended by inserting ‘‘2027,’’ after ‘‘fiscal years 2025,’’.
SEC.
112.
MULTIYEAR
PROCUREMENT
AUTHORITY
FOR
UH–60
BLACKHAWK AIRCRAFT.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 3501 of title 10, United States Code, the Secretary of the
Army may enter into one or more multiyear contracts, beginning
with the fiscal year 2027 program year, for the procurement of
UH–60 Blackhawk 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 2027 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 Army may enter into one or more contracts, beginning in
fiscal year 2026, for advance procurement associated with the air-
craft 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 when cost savings are achievable.
S. 1071—34
SEC. 113. AUTHORIZATION TO INITIATE EARLY PRODUCTION OF
FUTURE LONG-RANGE ASSAULT AIRCRAFT.
(a) AUTHORIZATION.—The Secretary of the Army may enter
into contracts, in advance of full-rate production, for the procure-
ment of future long-range assault aircraft as part of an accelerated
low-rate early production effort for such aircraft.
(b) OBJECTIVES.—In carrying out the early production effort
described in subsection (a), the Secretary of the Army shall pursue
the following objectives:
(1) To expedite delivery of future long-range assault aircraft
operational capability to the warfighter.
(2) To maintain momentum and learning continuity
between test article completion and full production ramp-up.
(3) To stabilize and retain the specialized workforce and
industrial base supporting future assault aircraft, including
critical suppliers and production facilities.
(4) To mitigate cost escalation risks and improve program
affordability across the life cycle.
(c) CONSIDERATIONS.—In executing the authority provided by
subsection (a), the Secretary shall—
(1) prioritize program continuity, cost-efficiency, and
workforce retention across the supply chain for tiltrotor aircraft;
(2) ensure that aircraft procured as part of the early produc-
tion effort described in subsection (a) incorporate lessons
learned from test article evaluations;
(3) maintain flexibility in design to accommodate future
upgrades through the modular open systems architecture and
digital backbone;
(4) ensure that the program completes a rigorous develop-
mental test flight campaign prior to delivering the platform
to the operational forces; and
(5) ensure that the program completes a rigorous oper-
ational test and evaluation prior to entering into full rate
production.
(d) BRIEFING TO CONGRESS.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of the Army
shall provide to the congressional defense committees a briefing
detailing—
(1) the implementation plan and timeline for the procure-
ment and early production effort described in subsection (a);
(2) the status of industrial base readiness and supply chain
coordination in support of such early production effort; and
(3) estimated long-term cost savings and operational bene-
fits expected to be derived from such early production effort.
SEC. 114. LIMITATION ON AVAILABILITY OF FUNDS FOR THE NEXT
GENERATION COMMAND AND CONTROL PORTFOLIO OF
CAPABILITIES OF THE ARMY.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 for the Department
of the Army for the Army’s Next Generation Command and Control
(NGC2) portfolio of capabilities, not more than 50 percent may
be obligated or expended until the Secretary of the Army submits
to the congressional defense committees a report that includes
the following:
(1) The Army’s detailed funding plans for current and
new procurements for experimentation and final fielding for
S. 1071—35
its tactical network, and a cost and capability assessment of
current and proposed solutions.
(2) Testing and fielding plans for any new procurements
for such network, including an explanation of—
(A) how any new programs meet the resiliency require-
ments specified in section 168 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–
92; 133 Stat. 1251); and
(B) how any new programs will utilize NSA High
Assurance certified encryption and decryption.
(3) Plans to integrate existing programs of record with
new programs of record and plans to ensure all systems are
interoperable with both fielded systems of the Army and the
systems of foreign partners.
(4) Plans to complete a developmental test campaign and
a formal operational test and evaluation prior to fielding new
capabilities to the operational forces for use other than for
experimentation.
Subtitle C—Navy Programs
SEC. 121. MODIFICATION TO REQUIREMENTS FOR RECAPITALIZATION
OF TACTICAL FIGHTER AIRCRAFT OF THE NAVY RESERVE.
Section 127 of the National Defense Authorization Act for Fiscal
Year 2025 (Public Law 118–159; 138 Stat. 1806) is amended by
striking subsection (c) and inserting the following:
‘‘(c) COVERED F–18 AIRCRAFT DEFINED.—In this section, the
term ‘covered F–18 aircraft’ means—
‘‘(1) the eight F/A–18E/F Super Hornet aircraft procured
using funds authorized and appropriated for the Navy during
fiscal year 2023; or
‘‘(2) in lieu of an aircraft described in paragraph (1), any
Block II or newer F/A–18E/F tactical fighter aircraft that—
‘‘(A) has a minimum of 2,000 flight hours of service-
life remaining airframe flight time prior to the need for
a required high flight-hour inspection and Service Life
Modification process; and
‘‘(B) is included in the Naval Aviation Master Aviation
Plan and designated for the Navy Reserve.
‘‘(d) MASTER AVIATION PLAN.—In conjunction with the activities
required under this section, the Secretary of the Navy shall ensure
that the Naval Aviation Master Aviation Plan remains up-to-date
and relevant with respect to aviation units of the Navy Reserve.’’.
SEC. 122. MODIFICATION TO LIMITATIONS ON NAVY MEDIUM AND
LARGE UNMANNED SURFACE VESSELS.
(a) REPEAL.—Section 122 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 134 Stat. 3425) is repealed.
(b) REQUIREMENT.—The Secretary of the Navy may not award
a detail design or construction contract or other agreement, or
obligate funds from a procurement account, for a covered program
unless such contract or other agreement includes a requirement
for an operational demonstration of not less than 720 continuous
hours without preventative maintenance, corrective maintenance,
S. 1071—36
emergent repair, or any other form of repair or maintenance, on
any of the following:
(1) The main propulsion system, including the fuel and
lube oil systems.
(2) The electrical generation and distribution system.
(c) CERTIFICATION.—The Secretary of the Navy may not accept
delivery of articles constructed under a contract or other agreement
for a covered program until the Secretary certifies to the congres-
sional defense committees that the operational demonstration
described in subsection (b) has been successfully completed.
(d) LIMITATION.—The Secretary of the Navy may not make
contract financing payments for a contract or other agreement
entered into for a covered program greater than 90 percent for
small businesses and 80 percent for all other businesses until
the certification described in subsection (c) is submitted.
(e) DEFINITIONS.—In this section:
(1) COVERED
PROGRAM.—The term ‘‘covered program’’
means a program for—
(A) medium unmanned surface vessels; or
(B) large unmanned surface vessels.
(2) OPERATIONAL DEMONSTRATION.—The term ‘‘operational
demonstration’’ means a land-based or sea-based test of the
systems concerned in vessel-representative form, fit, and func-
tion.
SEC. 123. RECAPITALIZATION OF NAVY WATERBORNE SECURITY BAR-
RIERS; MODIFICATION OF PROHIBITION ON AVAILABILITY
OF FUNDS FOR LEGACY WATERBORNE SECURITY BAR-
RIERS.
Section 130 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665),
as most recently amended by section 123 of the National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138
Stat. 1805), is further amended—
(1) in the section heading, by inserting ‘‘; RECAPITALIZA-
TION’’ after ‘‘BARRIERS’’;
(2) in subsection (a)—
(A) by striking ‘‘subsections (b) and (c)’’ and inserting
‘‘subsection (b)’’; and
(B) by striking ‘‘through 2025’’ and inserting ‘‘through
2026’’;
(3) by striking subsection (b);
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(5) in subsection (c), as so redesignated, by striking ‘‘sub-
section (c)(2)’’ and inserting ‘‘subsection (b)(2)’’; and
(6) by adding at the end the following new subsection
(d):
‘‘(d) RECAPITALIZATION.—
‘‘(1) PLAN SUBMISSION.—
‘‘(A) IN GENERAL.—Not later than April 1, 2026, the
Secretary of the Navy shall submit to the congressional
defense committees a recapitalization plan to replace legacy
waterborne security barriers for Navy ports.
‘‘(B) ELEMENTS.—The plan required by subparagraph
(A) shall include the following:
S. 1071—37
‘‘(i) A Navy requirements document that specifies
key performance parameters and key system attributes
for new waterborne security barriers for Navy ports.
‘‘(ii) A certification that the level of capability speci-
fied under clause (i) will exceed that of legacy water-
borne security barriers for Navy ports.
‘‘(iii) The acquisition strategy for the recapitaliza-
tion of waterborne security barriers for Navy ports,
which shall meet or exceed the requirements specified
under clause (i).
‘‘(iv) A certification that any contract for new
waterborne security barriers for a Navy port will be
awarded in accordance with the requirements for full
and open competition set forth in sections 3201 through
3205 of title 10, United States Code.
‘‘(2) IMPLEMENTATION.—The Secretary of the Navy shall
complete implementation of the plan required by paragraph
(1) by not later than September 30, 2027.’’.
SEC. 124. CONTRACT AUTHORITY FOR FORD-CLASS AIRCRAFT CAR-
RIER PROGRAM.
(a) CONTRACT AUTHORITY.—The Secretary of the Navy may
enter into one or more contracts for the procurement of not more
than two Ford-class aircraft carriers.
(b) AUTHORITY
FOR ADVANCE PROCUREMENT
AND ECONOMIC
ORDER QUANTITY.—The Secretary of the Navy may enter into one
or more contracts for advance procurement, advance construction,
and material and equipment in economic order quantities associated
with the procurement of the Ford-class aircraft carriers for which
contracts are authorized under subsection (a).
(c) USE OF INCREMENTAL FUNDING.—With respect to a contract
entered into under subsection (a) or (b), the Secretary of the Navy
may use incremental funding to make payments under the contract.
(d) LIABILITY.—Any contract entered into under subsection (a)
or (b) shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropria-
tions for that purpose; and
(2) the total liability of the Federal Government for termi-
nation of any contract entered into shall be limited to the
total amount of funding obligated to the contract at time of
termination.
SEC. 125. CONTRACT AUTHORITY FOR COLUMBIA-CLASS SUBMARINE
PROGRAM.
(a) CONTRACT AUTHORITY.—The Secretary of the Navy may
enter into a contract, beginning with fiscal year 2026, for the
procurement of up to five Columbia-class submarines.
(b) INCREMENTAL FUNDING.—With respect to a contract entered
into under subsection (a), the Secretary of the Navy may use incre-
mental funding to make payments under the contract.
(c) FUNDING AND LIABILITY.—Any contract entered into under
subsection (a) shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropria-
tions for that purpose; and
(2) the total liability of the Federal Government for termi-
nation of any contract entered into shall be limited to the
S. 1071—38
total amount of funding obligated to the contract at time of
termination.
SEC. 126. AUTHORITY FOR ADVANCE PROCUREMENT OF CERTAIN
COMPONENTS TO SUPPORT CONTINUOUS PRODUCTION OF
VIRGINIA-CLASS SUBMARINES.
(a) IN GENERAL.—The Secretary of the Navy may enter into
one or more contracts, prior to ship authorization, for the advance
procurement of covered components for Virginia-class submarines,
including procurement of such components in economic order quan-
tities when cost savings are achievable.
(b) FUNDING AND LIABILITY.—Any contract entered into under
subsection (a) shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropria-
tions for that purpose; and
(2) the total liability to the Federal Government for termi-
nation of the contract shall be limited to the total amount
of funding obligated for the contract at the time of termination.
(c) BUDGET REQUESTS.—In the budget justification materials
submitted in support of the budget of the Department of Defense
(as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) for fiscal year 2027 and each
fiscal year thereafter, the Secretary of the Navy shall include a
separate budget display identifying the amounts requested pursuant
to this section set forth by the specific program, project, or activity
under the Virginia-class submarine program for which such funds
are requested.
(d) COVERED COMPONENTS DEFINED.—In this section, the term
‘‘covered components’’ means the following components for Virginia-
class submarines:
(1) Propulsion plant equipment.
(2) Diesel Systems and associated components.
(3) Castings, forgings, and tank structures.
(4) Air flasks.
(5) Payload tubes.
(6) Major valves and associated components.
(7) Hatches.
(8) Steering and dive components.
(9) Major pumps and motors.
(10) Snorkel mast and components.
(11) Torpedo tubes.
(12) Atmosphere control equipment.
(13) Bulkheads, decks, and associated equipment.
(14) SONAR arrays and associated components.
(15) Electrical components, penetrators, and associated
equipment.
(16) Commodity material in support of manufacturing.
SEC. 127. PROCUREMENT AUTHORITIES FOR MEDIUM LANDING SHIPS.
(a) CONTRACT AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Navy may enter
into one or more contracts for the procurement of not more
than 15 Medium Landing Ships.
(2) PROCUREMENT
IN
CONJUNCTION
WITH
EXISTING
CON-
TRACTS.—The ships authorized to be procured under paragraph
(1) may be procured as additions to existing contracts covering
the Medium Landing Ship program.
S. 1071—39
(b) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of the Navy certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority (as defined
in section 4251(e) of title 10, United States Code) for the Medium
Landing Ship program:
(1) The use of such a contract is consistent with the Depart-
ment of the Navy’s projected force structure requirements for
such ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of the cost of the contract and the antici-
pated cost avoidance through the use of the contract are real-
istic.
(6) During the fiscal year in which the contract is to be
awarded—
(A) sufficient funds will be available to perform the
contract in such fiscal year; and
(B) the future-years defense program submitted to Con-
gress under section 221 of title 10, United States Code,
for such fiscal year will include the funding required to
execute the program without cancellation.
(c) AUTHORITY
FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts for advance
procurement associated with the ships for which authorization to
enter into a contract is provided under subsection (a), and for
systems and subsystems associated with such ships in economic
order quantities when cost savings are achievable.
(d) 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 is subject to the availability of appropriations for
that purpose for such fiscal year.
(e) TERMINATION.—The authority of the Secretary of the Navy
to enter into contracts under subsection (a) shall terminate on
September 30, 2029.
SEC. 128. MULTIYEAR PROCUREMENT AUTHORITY FOR YARD, REPAIR,
BERTHING, AND MESSING BARGES.
(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 2026 program year, for the procurement of
Yard, Repair, Berthing, and Messing Barges and associated mate-
rial.
(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts, beginning in
fiscal year 2026, for advance procurement associated with the barges
S. 1071—40
for which authorization to enter into a multiyear procurement con-
tract is provided under subsection (a), which may include procure-
ment of economic order quantities of material and equipment for
such barges when cost savings are achievable.
(c) AVAILABILITY OF FUNDS AND TERMINATION LIABILITY.—Any
contract entered into under subsection (a) shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropria-
tions for that purpose; and
(2) the total liability of the Federal Government for termi-
nation of the contract shall be limited to the total amount
of funding obligated to the contract at the time of termination.
SEC. 129. VESSEL CONSTRUCTION MANAGERS FOR THE CONSTRUC-
TION OF CERTAIN NAVY VESSELS.
(a) MEDIUM LANDING SHIPS.—
(1) IN GENERAL.—After the award of the lead ship of the
Medium Landing Ship program, the Secretary of the Navy
shall seek to enter into an agreement with an appropriate
vessel construction manager pursuant to which the vessel
construction manager shall seek to enter into one or more
contracts for the construction of not more than 8 additional
landing ships under the program.
(2) REQUIREMENTS FOR ADDITIONAL SHIPS.—The additional
landing ships authorized to be constructed under paragraph
(1) shall be nondevelopmental items constructed using a design
that is—
(A) the same as the design of the lead ship; or
(B) derived from such design.
(3) LEAD SHIP DEFINED.—In this subsection, the term ‘‘lead
ship’’ means the first landing ship procured as a commercial
or nondevelopmental item as authorized under section 128(b)
of the National Defense Authorization Act for Fiscal Year 2025
(Public Law 118–159; 138 Stat. 1807).
(b) LIGHT REPLENISHMENT OILERS.—The Secretary of the Navy
shall seek to enter into an agreement with an appropriate vessel
construction manager pursuant to which the vessel construction
manager shall seek to enter into one or more contracts for the
construction of light replenishment oilers (TAO–L).
(c) AUXILIARY AND SUPPORT VESSELS.—The Secretary of the
Navy may enter into agreements with an appropriate vessel
construction manager pursuant to which the vessel construction
manager shall seek to enter into one or more contracts for the
construction of any auxiliary vessel or support vessel of the Depart-
ment of the Navy.
(d) DESIGN STANDARDS AND CONSTRUCTION PRACTICES.—The
Secretary of the Navy shall ensure that vessels procured through
subsections (b) and (c) by the Secretary are, to the maximum
extent practicable, constructed using commercial design standards
and commercial construction practices that are consistent with the
best interests of the Federal Government.
SEC. 130. LIMITATION ON CONSTRUCTION OF MODULAR ATTACK SUR-
FACE CRAFT.
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 for Modular Attack Surface Craft Block 0
S. 1071—41
until the Secretary certifies to the congressional defense committees
that such vessels will be purpose-built unmanned vessels engineered
to operate without human support systems or operational require-
ments intended for crewed vessels.
SEC. 131. LIMITATION ON AVAILABILITY OF FUNDS FOR TAGOS SHIP
PROGRAM.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for the Navy may be obligated or expended for the scope
of work, including priced or unpriced options, for the construction,
advance procurement, or long-lead material of any ships in the
TAGOS surveillance towed-array sensor system ship program unless
the Secretary of the Navy submits the report described in subsection
(b) to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
not later than 90 days after the date of the enactment of this
Act.
(b) REPORT.—The Secretary of the Navy shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
the following:
(1) Progress made on basic and functional design comple-
tion for TAGOS surveillance towed-array sensor system ships
and how compliance with section 8669c of title 10, United
States Code, will be maintained.
(2) The accuracy, timeliness, and completeness of the
Navy’s provisioning of contract baseline design, general
arrangement
drawings,
and
other
government-furnished
information to the prime contractor for such ships.
(3) The ability of the functional design of such ships to
meet program requirements, including speed requirements.
(4) The adherence of the Navy to performance-based
requirements and the ability of the prime contractor for such
ships to make design choices to meet those requirements,
commensurate with its responsibility for cost and schedule
in the contract structure.
(5) Alternative solutions to meeting the general set of Navy
requirements for anti-submarine warfare covered by such ships,
including unmanned solutions.
SEC. 132. INCLUSION OF INFORMATION ON AMPHIBIOUS WARFARE
SHIP SPARES AND REPAIR PARTS IN NAVY BUDGET JUS-
TIFICATION MATERIALS.
(a) IN GENERAL.—In the budget justification materials sub-
mitted to Congress in support of the Department of the 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, United States Code), the Secretary of the Navy shall
include information on the costs of spare parts and repair parts
for amphibious warfare ships in the materials for other procure-
ment, Navy.
(b) AMPHIBIOUS WARFARE SHIP DEFINED.—In this section, the
term ‘‘amphibious warfare ship’’ has the meaning given that term
in section 8062(h) of title 10, United States Code.
S. 1071—42
Subtitle D—Air Force Programs
SEC. 141. MODIFICATION OF MINIMUM INVENTORY REQUIREMENTS
FOR AIR REFUELING TANKER AIRCRAFT.
(a) MINIMUM INVENTORY REQUIREMENT.—Section 9062(j) of title
10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘a total aircraft inventory
of air refueling tanker aircraft of not less than 466 aircraft.’’
and inserting ‘‘a total aircraft inventory of air refueling tanker
aircraft—
‘‘(A) of not less than 466 aircraft during the period ending
on September 30, 2026;
‘‘(B) of not less than 478 aircraft during the period begin-
ning on October 1, 2026, and ending on September 30, 2027;
‘‘(C) of not less than 490 aircraft during the period begin-
ning on October 1, 2027, and ending on September 30, 2028;
and
‘‘(D) of not less than 502 aircraft beginning on October
1, 2028.’’; and
(2) in paragraph (2), by striking ‘‘below 466’’ and inserting
‘‘below the applicable level specified in paragraph (1)’’.
(b) RETENTION WITHIN AIRCRAFT INVENTORY.—Such section is
further amended—
(1) in paragraph (1), by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraphs (2) and (3)’’;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) In the case of a KC–135 aircraft that is replaced in the
aircraft inventory by a KC–46 aircraft, the Secretary of the Air
Force may reassign the KC–135 aircraft to any Air Refueling Wing
that has the capacity to expand its aircraft inventory to include
such reassigned aircraft. In determining whether an Air Refueling
Wing has the capacity to so expand its inventory, the Secretary
shall consider, among other things, the capacity of the Air Refueling
Wing to man the additional aircraft and support pilot training
requirements for the additional aircraft.’’.
(c) PROHIBITION ON REDUCTION OF KC–135 AIRCRAFT IN PRI-
MARY MISSION AIRCRAFT INVENTORY
OF
THE RESERVE COMPO-
NENTS.—
(1) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for the Air Force may be obligated or expended to reduce
the number of KC–135 aircraft designated as primary mission
aircraft inventory within the reserve components of the Air
Force.
(2) PRIMARY
MISSION
AIRCRAFT
INVENTORY
DEFINED.—In
this subsection, the term ‘‘primary mission aircraft inventory’’
has the meaning given that term in section 9062(i)(2)(B) of
title 10, United States Code.
SEC. 142. MODIFICATION OF PROHIBITION ON RETIREMENT OF F–
15E AIRCRAFT.
(a) IN GENERAL.—Subsection (l) of section 9062 of title 10,
United States Code, is amended to read as follows:
S. 1071—43
‘‘(l)(1) During the covered period, the Secretary of the Air Force
may not retire more than a total of 51 F–15E aircraft as follows:
‘‘(A) From the beginning of the covered period through
the end of fiscal year 2026, the Secretary may not retire any
F–15E aircraft.
‘‘(B) In fiscal year 2027, the Secretary may not retire more
than 21 F–15E aircraft.
‘‘(C) In fiscal year 2028, the Secretary may not retire more
than 30 F–15E aircraft.
‘‘(2) During the covered period the Secretary of the Air Force
may not—
‘‘(A) reduce funding for unit personnel or weapon system
sustainment activities for retained F–15E aircraft in a manner
that presumes future congressional authority to divest such
aircraft; or
‘‘(B) keep an F–15E aircraft (other than an aircraft identi-
fied for retirement under paragraph (1)) in a status considered
excess to the requirements of the possessing command and
awaiting disposition instructions (commonly referred to as ‘XJ’
status).
‘‘(3) In this subsection, the term ‘covered period’ means the
period beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2026 and ending on
September 30, 2030.’’.
(b) REPEAL.—Section 150 of the National Defense Authorization
Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1812)
is amended—
(1) in the section heading, by striking ‘‘PROHIBITION ON
RETIREMENT OF F–15E AIRCRAFT AND’’;
(2) by striking subsection (a); and
(3) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 143. 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, 2029’’ and inserting ‘‘September 30, 2030’’.
SEC. 144. MODIFICATION TO ANNUAL REPORT ON AIR FORCE TAC-
TICAL FIGHTER AIRCRAFT FORCE STRUCTURE.
Section 9062a(a) of title 10, United States Code, is amended—
(1) by striking ‘‘2029’’ and inserting ‘‘2030’’; and
(2) by striking ‘‘consultation’’ and inserting ‘‘coordination’’.
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 most recently amended by section 145(a) of the National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138
Stat. 1810), is further amended by striking ‘‘2025’’ and inserting
‘‘2026’’.
(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 most recently
S. 1071—44
amended by section 145(b) of the National Defense Authorization
Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1810),
is further amended by striking ‘‘2025’’ and inserting ‘‘2026’’.
(c) REPORT REQUIREMENT.—Not later than 180 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
detailing the following:
(1) The total number and variant types of C–130 aircraft
in the inventory of the Air Force.
(2) Any planned retirements, divestments, or reductions
to the fleet of such aircraft.
(3) Modernization and recapitalization efforts, including
block upgrades and procurement schedules.
(4) Planned basing actions for fielding C–130J aircraft to
recapitalize C–130H aircraft.
SEC. 146. EXTENSION OF PROHIBITION ON CERTAIN REDUCTIONS TO
B–1 BOMBER AIRCRAFT SQUADRONS.
Subsection (d)(1) of 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 146 of the National
Defense Authorization Act for Fiscal Year 2025 (Public Law 118–
159; 138 Stat. 1810), is further amended by striking ‘‘September
30, 2026’’ and inserting ‘‘September 30, 2030’’.
SEC. 147. MODIFICATION TO MINIMUM INVENTORY REQUIREMENT FOR
A–10 AIRCRAFT.
(a) IN GENERAL.—Section 134(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130
Stat. 2038) is amended by striking ‘‘96 A–10 aircraft designated
as primary mission aircraft inventory until a period of 90 days
has elapsed following the date on which the Secretary submits
to the congressional defense committees the report under subsection
(e)(2)’’ and inserting ‘‘93 A–10 aircraft designated as primary mis-
sion aircraft inventory until October 1, 2026’’.
(b) PROHIBITION ON RETIREMENT.—
(1) IN GENERAL.—During the period beginning on October
1, 2025 and ending on September 30, 2026, the Secretary
of the Air Force may not—
(A) reduce funding for unit personnel or weapon system
sustainment activities for A–10 aircraft in a manner that
presumes future congressional authority to divest such air-
craft;
(B) keep an A–10 aircraft in a status considered excess
to the requirements of the possessing command and
awaiting disposition instructions (commonly referred to as
‘‘XJ’’ status); or
(C) decrease the total aircraft inventory of A–10 air-
craft below 103 aircraft.
(2) EXCEPTION.—The prohibition under paragraph (1) shall
not apply to individual A–10 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.
(c) BRIEFING REQUIRED.—Not later than March 31, 2026, the
Secretary of the Air Force shall provide to the Committees on
Armed Services of the Senate and the House of Representatives
S. 1071—45
a briefing on the status of A–10 aircraft inventory and the proposed
plan for divesting all A–10 aircraft prior to fiscal year 2029. The
briefing shall cover, at a minimum, the following:
(1) The number of A–10 Total Aircraft Inventory aircraft
disaggregated by Combat Coded Aircraft, Primary Mission Air-
craft Inventory, Backup Aircraft Assigned, Attrition Reserve,
tail number, and location.
(2) The planned divestment date of each such aircraft.
(3) The detailed plan for how and when the Secretary
proposes to proceed with divestment of aircraft for each A–
10 unit prior to fiscal year 2029.
(4) The aircraft transition plan for replacing A–10 aircraft
with new or existing replacement aircraft in each unit that
is divesting of the A–10 aircraft, which shall include an expla-
nation of—
(A) how the Secretary plans to minimize adverse per-
sonnel impacts within such units, including adverse
impacts with respect to retention, currency, proficiency,
qualifications, certifications, and training; and
(B) how the Secretary plans to minimize or eliminate
any scheduling gap that may occur with respect to a unit
divesting from the A–10 aircraft and transitioning to a
new or existing replacement aircraft.
(5) The information and content format that was provided
in the briefing to the Committees on Armed Services of the
Senate and the House of Representatives by the Headquarters
Air Force, Deputy Chief of Staff for Plans and Programs (HAF/
A8), on February 13, 2023, titled ‘‘A–10 Divestment Placemats’’.
(6) Any other information the Secretary determines rel-
evant.
SEC. 148. PRESERVATION OF RETIRED KC–10 AIRCRAFT.
(a) IN GENERAL.—The Secretary of the Air Force shall preserve
each retired KC–10 aircraft in the same storage condition in which
such aircraft was preserved as of September 30, 2025.
(b) AUTHORITY TO DISPOSE OF PRESERVED AIRCRAFT.—A KC–
10 aircraft preserved under subsection (a) may be disposed of in
accordance with chapter 5 of title 40, United States Code.
SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF
E–3 AIRBORNE WARNING AND CONTROL SYSTEM AIR-
CRAFT.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for the Air Force may be obligated or expended to retire,
prepare to retire, or place in storage or in backup aircraft inventory
any E–3 aircraft if such actions would reduce the total aircraft
inventory for such aircraft below 16.
(b) EXCEPTION FOR PLAN.—If the Secretary of the Air Force
submits to the congressional defense committees a plan for
maintaining readiness and ensuring there is no lapse in mission
capabilities, the prohibition under subsection (a) shall not apply
to actions taken to reduce the total aircraft inventory for E–3
aircraft to below 16, beginning 30 days after the date on which
the plan is so submitted.
(c) EXCEPTION FOR E–7 AIRCRAFT PROCUREMENT.—If the Sec-
retary of the Air Force procures enough E–7 Wedgetail aircraft
to accomplish the required mission load, the prohibition under
S. 1071—46
subsection (a) shall not apply to actions taken to reduce the total
aircraft inventory for E–3 aircraft to below 16 after the date on
which such E–7 Wedgetail aircraft are delivered.
SEC. 150. B–21 BOMBER AIRCRAFT PROGRAM ACCOUNTABILITY MAT-
RICES.
(a) SUBMITTAL OF MATRICES.—Concurrent with the President’s
annual budget request submitted to Congress under section 1105
of title 31, United States Code, for fiscal year 2027, the Secretary
of the Air Force shall submit to the congressional defense commit-
tees and the Comptroller General of the United States—
(1) the matrices described in subsection (b) relating to
the B–21 bomber aircraft program; and
(2) the estimate, as of the date of such submission, for
the program’s average procurement unit cost, acquisition unit
cost, and life-cycle costs.
(b) MATRICES DESCRIBED.—The matrices described in this sub-
section are the following:
(1) PROGRAM GOALS AND EXECUTION.—A matrix that identi-
fies, in six-month increments, plans for and progress in
achieving key milestones and events, and specific performance
metric goals and actuals for the development, production, and
sustainment of the B–21 bomber aircraft program, which shall
be subdivided, at a minimum, according to the following:
(A) Technology readiness levels of major components,
and associated risks and key demonstration events through
maturity (technology readiness level 7) for baseline and
modernization efforts.
(B) Engine design maturity, and plans and progress
of engine test events.
(C) Software development progress and related metrics,
including—
(i) percent of capabilities complete and system fea-
tures complete; and
(ii) software quality metrics.
(D) Manufacturing progress and related metrics for
the prime contractor and key suppliers, including—
(i) manufacturing readiness levels through level
8;
(ii) touch labor hours; and
(iii) scrap, rework, and repair.
(E) System verification and key ground and flight test
events
for
developmental
and
operational
testing,
including—
(i) percent complete;
(ii) time on condition;
(iii) sorties; and
(iv) test points.
(F) Aircraft reliability, availability, and maintainability
metrics, including—
(i) mean time to repair;
(ii) operational availability;
(iii) mission capable; and
(iv) cost per flying hour.
(G) Operations and sustainment plans and progress,
including—
(i) main operating base setup;
S. 1071—47
(ii) training system deliveries;
(iii) depot maintenance; and
(iv) technology data packages.
(2) COST.—A matrix expressing, in six-month increments,
the total cost for the Air Force service cost position for the
engineering and manufacturing development phase and produc-
tion lots of the B–21 bomber aircraft, and a matrix expressing
the total cost for the prime contractor’s estimate for such phase
and production lots, each of which shall be phased over the
entire engineering and manufacturing development period and
subdivided according to the costs of the following:
(A) Air vehicle.
(B) Propulsion.
(C) Mission systems.
(D) Vehicle subsystems.
(E) Air vehicle software.
(F) Systems engineering.
(G) Program management.
(H) System test and evaluation.
(I) Support and training systems.
(J) Contract fee.
(K) Engineering changes.
(L) Direct mission support, including congressional
general reductions.
(M) Government testing.
(c) SEMIANNUAL UPDATE OF MATRICES.—
(1) IN GENERAL.—Not later than 180 days after the date
on which the Secretary of the Air Force submits the matrices
required by subsection (a), concurrent with the submittal of
each annual budget request to Congress under section 1105
of title 31, United States Code, thereafter, and not later than
180 days after each such submittal, the Secretary of the Air
Force shall submit to the congressional defense committees
and the Comptroller General updates to the matrices described
in subsection (b).
(2) ELEMENTS.—Each update submitted under paragraph
(1) shall detail progress made toward the goals identified in
the matrix described in subsection (b)(1) and provide updated
cost estimates.
(d) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED
STATES.—Not less frequently than annually, the Comptroller Gen-
eral shall—
(1) review the sufficiency of each matrix received under
this section; and
(2) submit to the congressional defense committees an
assessment of such matrix, including by identifying cost,
schedule, or performance trends.
(e) REPEAL.—Section 238 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2067)
is repealed.
SEC. 151. BOMBER AIRCRAFT FORCE STRUCTURE AND TRANSITION
ROADMAP.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a comprehensive
S. 1071—48
roadmap detailing the planned force structure, basing, moderniza-
tion, and transition strategy for the bomber aircraft fleet of the
Air Force through fiscal year 2040.
(b) ELEMENTS.—The roadmap required by subsection (a) shall
include the following:
(1) A detailed schedule and rationale for the planned divest-
ment of B–1 bomber aircraft, including location-specific retire-
ments, infrastructure disposition, and mitigation of any
resulting capability gaps.
(2) A transition plan for the operational fielding of B–
21 bomber aircraft, including basing decisions, training and
sustainment plans, operational concepts, and anticipated initial
operational capability and full operational capability timelines.
(3) A strategy for integrating units of the Air National
Guard and the Air Force Reserve into B–21 bomber aircraft
operations, including planned force structure, association,
training, and mobilization models.
(4) An update on—
(A) modernization efforts for B–52 bomber aircraft,
including engine replacement, radar upgrades, and digital
integration efforts; and
(B) the expected service life and mission profile of
B–52 bomber aircraft through the 2050s.
(5) A detailed timeline with key milestones for each of
the elements described in paragraphs (1) through (4), including
programmatic decision points, resourcing requirements, risk
assessments, and coordination with other components of the
Air Force Global Strike Command and the Air Combat Com-
mand.
(c) OBJECTIVE.—The roadmap required by subsection (a) shall
support a deliberate and balanced transition to a modernized, dual-
capable bomber aircraft force that ensures long-range strike
capacity, survivability, and deterrence in both nuclear and conven-
tional mission sets, with a minimum of 100 B–21 bomber aircraft.
(d) FORM.—The roadmap required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 152. REQUIREMENT FOR AN INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE ROADMAP FOR THE AIR FORCE.
(a) IN GENERAL.—Not later than October 1, 2026, the Secretary
of the Air Force shall submit to the congressional defense commit-
tees a comprehensive roadmap detailing the strategic plan for the
development, acquisition, modernization, and integration of intel-
ligence, surveillance, and reconnaissance (ISR) capabilities of the
Air Force.
(b) ELEMENTS.—The roadmap required by subsection (a) shall
include the following:
(1) A strategic assessment of current (as of the date on
which the roadmap is submitted) and projected intelligence,
surveillance, and reconnaissance requirements for the Air Force
across all domains, including air, space, and cyberspace.
(2) An inventory of current (as of the date on which the
roadmap is submitted) intelligence, surveillance, and reconnais-
sance platforms, sensors, and associated data-processing sys-
tems, including the mission capabilities, operational status,
and expected service life for each.
S. 1071—49
(3) A plan for the modernization or divestment of legacy
airborne intelligence, surveillance, and reconnaissance systems,
with individualized justification of the modernization or divest-
ment plan for each such legacy system.
(4) A detailed outline of planned investments and capabili-
ties in emerging intelligence, surveillance, and reconnaissance
technologies, including—
(A) artificial intelligence;
(B) machine learning;
(C) space-based intelligence, surveillance, and recon-
naissance; and
(D) autonomous or remotely piloted platforms.
(5) An assessment of the integration of intelligence, surveil-
lance, and reconnaissance data into command and control net-
works, including interoperability with joint, interagency, and
allied partners.
(6) A risk assessment identifying potential capability gaps,
threats, and mitigation strategies.
(7) A description of the roles and responsibilities of the
components of the intelligence, surveillance, and reconnaissance
effort of the Air Force in implementing the roadmap.
(8) A proposed timeline and milestones for the implementa-
tion of the roadmap over the next ten fiscal years.
SEC. 153. REPORT ON THE F–47 ADVANCED FIGHTER AIRCRAFT PRO-
GRAM.
(a) IN GENERAL.—Not later than March 1, 2027, the Secretary
of the Air Force shall submit to the congressional defense commit-
tees a report on the F–47 advanced fighter aircraft program.
(b) ELEMENTS.—The report required under subsection (a) shall
include following:
(1) A description of the F–47 aircraft program, including
system requirements, employment concepts, and projected costs,
schedule, and funding requirements over the period covered
by the program objective memorandum process for fiscal years
2028 through 2034.
(2) The acquisition strategy for the F–47 program of record,
including consideration of implementing a middle tier acquisi-
tion pathway or major capability acquisition pathway (as such
terms are defined in Department of Defense Instruction
5000.85, titled ‘‘Major Capability Acquisition’’ and issued on
August 6, 2020 (or a successor instruction)).
(3) A proposed fielding strategy for the F–47 aircraft,
including—
(A) estimated force structure requirements;
(B) strategic basing considerations;
(C) an estimate of military construction requirements;
(D) an estimate of personnel training requirements;
and
(E) a strategy for integrating units of the Air National
Guard and Air Force Reserve into F–47 fighter aircraft
operations, including planned force structure, association,
training, and mobilization models.
(c) FORM.—The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
S. 1071—50
SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT
ON ACQUISITION STRATEGY FOR AIRBORNE COMMAND
POST CAPABILITY.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 for operation and
maintenance, Air Force, and available to the Office of the Secretary
of the Air Force for travel expenses, not more than 80 percent
may be obligated or expended until the date on which the Secretary,
in consultation with the Commander of the United States Strategic
Command, submits to the congressional defense committees a report
on the acquisition strategy of the Air Force to maintain the Airborne
Command Post capability, including—
(1) options to expand production of the C–130J–30 Super
Hercules aircraft to provide additional airframes to preserve
the Airborne Command Post capability; and
(2) an outline of the future relationship of the Airborne
Command Post capability with the Secondary Launch Platform–
Airborne effort.
Subtitle E—Defense-wide, Joint, and
Multiservice Matters
SEC. 161. REQUIREMENTS RELATING TO EXECUTIVE AIRLIFT AIR-
CRAFT.
(a) ANALYSIS OF ALTERNATIVES.—
(1) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall conduct
an analysis of alternatives to identify potential solutions for
the recapitalization of the executive airlift aircraft fleets of
the Armed Forces. In conducting such analysis, the Secretary
of Defense shall seek to identify aircraft solutions that have
capabilities comparable to the capabilities of commercial pas-
senger aircraft in terms of range.
(2) TIMELINE.—The Secretary of Defense shall—
(A) initiate the analysis of alternatives required under
paragraph (1) not later than 30 days after the date of
the enactment of this Act; and
(B) complete such analysis not later than April 1, 2026.
(3) REPORT.—Not later than 60 days after completing the
analysis of alternatives required under paragraph (1), the Sec-
retary 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 analysis.
(b) RESPONSIBILITIES.—
(1) IN GENERAL.—Section 120(b) of title 10, United States
Code, is amended—
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (1) the following new
paragraphs:
‘‘(2) The Secretary of Defense shall establish standards for
prioritizing access to executive aircraft controlled by the Secretaries
of the military departments among authorized users of such aircraft
within the Federal Government.
S. 1071—51
‘‘(3) The Secretary of Defense shall assign a career appointee
(as that term is defined in section 3132(a) of title 5) in the Senior
Executive Service of the Department of Defense to coordinate the
efficient tasking of executive aircraft controlled by the Secretaries
of the military departments and compliance with rules, regulations,
policies, and guidance relating to such aircraft, including the stand-
ards established under paragraph (2). The career appointee shall,
as determined by the Secretary of Defense, have knowledge and
experience relating to executive aircraft, including familiarity with
the executive aircraft fleets controlled by the Secretaries of the
military departments and procedures for the prioritization of execu-
tive aircraft users.’’.
(2) TIMELINES.—The Secretary of Defense shall—
(A) establish the standards required by paragraph (2)
of such section 120(b) (as amended by this section) not
later than December 1, 2025; and
(B) assign the career appointee required by paragraph
(3) of such section 120(b) (as amended by this section)
not later than January 1, 2026.
SEC. 162. AMENDMENTS TO PROHIBITION ON OPERATION, PROCURE-
MENT, AND CONTRACTING RELATED TO FOREIGN-MADE
LIGHT DETECTION AND RANGING.
Section 164 of the National Defense Authorization Act for Fiscal
Year 2025 (Public Law 118–159; 10 U.S.C. 4651 note prec.) is
amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘shall not operate’’ and inserting ‘‘may not operate,’’;
(B) by amending paragraph (1) to read as follows:
‘‘(1) covered LiDAR technology; or’’; and
(C) in paragraph (2), by inserting ‘‘covered’’ before
‘‘LiDAR technology’’;
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following new sub-
section:
‘‘(e) MITIGATION OF RISK OF USE OF COVERED LIDAR TECH-
NOLOGY.—
‘‘(1) STRATEGY REQUIRED.—The Secretary of Defense shall
develop a strategy to mitigate the risk to the Department
of Defense of the use of covered LiDAR technology by defense
contractors and subcontractors (at any tier).
‘‘(2) ELEMENTS.—In developing the strategy required by
paragraph (1), the Secretary shall—
‘‘(A) publish a list of covered LiDAR companies in
the Federal Register;
‘‘(B) conduct an assessment of the potential risks to
the Department associated with the use of covered LiDAR
technology by defense contractors, including an assessment
of the severity and likelihood of occurrence of each such
risk and a prioritization of such risks; and
‘‘(C) solicit input from defense contractors and sub-
contractors (at any tier) to identify effective approaches
to reducing or eliminating use of covered LiDAR technology
by such contractors and subcontractors.
‘‘(3) IMPLEMENTATION.—Not later than June 1, 2027, the
Secretary shall implement the strategy required by paragraph
S. 1071—52
(1). Such strategy shall actively monitor risk mitigation meas-
ures related to the use of covered LiDAR technology by defense
contractors based on the assessment conducted and the input
received under paragraph (2).’’; and
(4) in subsection (f) (as so redesignated), by amending
paragraph (3) to read as follows:
‘‘(3) The term ‘covered LiDAR technology’ means LiDAR
technology and any related services and equipment—
‘‘(A) manufactured by a covered LiDAR company;
‘‘(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 a covered foreign country or administered by an entity
domiciled in a covered foreign country.’’.
SEC. 163. PROHIBITION ON AVAILABILITY OF FUNDS FOR CONTRACT
TERMINATION OR PRODUCTION LINE SHUTDOWN FOR E–
7A WEDGETAIL AIRCRAFT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2026 for the Department
of Defense may be obligated or expended—
(1) to terminate the mid-tier acquisition rapid prototype
contract for the E–7A aircraft; or
(2) to terminate the operations of, or to prepare to termi-
nate the operations of, a production line for the E–7A aircraft.
SEC. 164. LIMITATION ON PROCUREMENT OF KC–46 AIRCRAFT
PENDING CERTIFICATION ON CORRECTION OF DEFI-
CIENCIES.
(a) LIMITATION.—The Secretary of Defense may not accept or
take delivery of covered KC–46 aircraft in excess of the maximum
quantity specified in subsection (c) until the Secretary—
(1) certifies to the congressional defense committees that
the Secretary has developed and is implementing a plan of
corrective actions and milestones to resolve all Category 1
deficiencies identified with respect to KC–46 aircraft; and
(2) submits such plan to such committees, which 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.
(b) FORM.—The plan described in subsection (a)(2) shall be
submitted in unclassified form, but may contain a classified annex.
(c) MAXIMUM QUANTITY.—The maximum quantity of covered
KC–46 aircraft specified in this subsection is 188 aircraft.
(d) COVERED KC–46 AIRCRAFT DEFINED.—In this section, the
term ‘‘covered KC–46 aircraft’’ means new production KC–46 air-
craft the procurement of which is fully funded by the United States.
SEC. 165. PLAN FOR OPEN MISSION SYSTEMS OF F–35 AIRCRAFT.
(a) IN GENERAL.—The Secretary of Defense shall develop a
plan to establish an open mission systems computing environment
that is controlled by the Federal Government on the F–35 aircraft
of the Department of Defense.
S. 1071—53
(b) ELEMENTS.—The plan required under subsection (a) shall
do the following:
(1) Enable the portability of software applications between
the F–35 aircraft, the F–22 aircraft, and the Next Generation
Air Dominance initiative of the Air Force.
(2) Enable the integration of new open mission system
software, or changes to existing open mission system software,
with minimal integration work required by the prime contractor
of the air vehicle.
(3) Eliminate or minimize aircraft airworthiness impacts
due to software changes within the open mission systems com-
puting environment.
(4) Enable the rapid upgrade of onboard processors.
(5) Leverage a Federal Government reference architecture.
(6) Ensure control by the Federal Government over the
airworthiness and security processes, as well as ownership
by the Federal Government of the open mission system tech-
nical documentation and data rights.
(7) Be capable of connection to all relevant aircraft aper-
tures sufficient to meet current and future combat require-
ments, including cockpit connectivity via ethernet.
(8) Leverage modern commercial software languages and
techniques necessary to support reliable, high-throughput, and
low-latency use-cases.
(9) Be applicable across all blocks and variants of the
F–35 aircraft.
(c) REPORT.—
(1) IN GENERAL.—Not later than July 1, 2026, the Secretary
of Defense shall submit to the congressional defense committees
a report that includes the 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.
SEC. 166. ANNUAL GAO REVIEWS OF THE F–35 AIRCRAFT PROGRAM.
(a) ANNUAL REVIEWS
AND REPORTS.—Not later than March
1, 2026, and not later than March 1 of each year thereafter through
March 1, 2030, the Comptroller General of the United States shall—
(1) complete a review of the F–35 aircraft program; and
(2) submit to the congressional defense committees a report
on the results of the review.
(b) ELEMENTS.—Each review and report under subsection (a)
shall include an assessment of—
(1) the cost, scope, and schedule of the F–35 aircraft pro-
gram and its subprograms;
(2) the status of the efforts of the Department of Defense
to modernize the F–35 aircraft; and
(3) such other matters relating to the F–35 aircraft program
as the Comptroller General determines appropriate.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
S. 1071—54
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification to authority to award prizes for advanced technology
achievements.
Sec. 212. Modification to mechanisms to provide funds to defense laboratories and
other entities for research and development of technologies for military
missions.
Sec. 213. Program for the enhancement of the research, development, test, and
evaluation centers of the Department of Defense.
Sec. 214. Modification to authority for acquisition, construction, or furnishing of
test facilities and equipment.
Sec. 215. Extension of limitation on availability of funds for fundamental research
collaboration with certain academic institutions.
Sec. 216. Modification of requirement for Department of Defense policies for man-
agement and certification of Link 16 military tactical data link network.
Sec. 217. Extension of authority for assignment to Defense Advanced Research
Projects Agency of private sector personnel with critical research and
development expertise.
Sec. 218. Alternative test and evaluation pathway for designated defense acquisi-
tion programs.
Sec. 219. Congressionally directed programs for test and evaluation oversight.
Sec. 220. Application of software innovation to modernize test and evaluation infra-
structure.
Sec. 221. Review and alignment of standards, guidance, and policies relating to dig-
ital engineering.
Sec. 222. Catalyst Pathfinder Program.
Sec. 223. Modifications to defense research capacity building program.
Sec. 224. National Security and Defense Artificial Intelligence Institute.
Sec. 225. Advanced robotic automation for munitions manufacturing.
Sec. 226. Evaluation of additional test corridors for hypersonic and long-range
weapons.
Sec. 227. Western regional range complex demonstration.
Sec. 228. Demonstration of near real-time monitoring capabilities to enhance weap-
on system platforms.
Sec. 229. Pilot program on modernized health and usage monitoring systems to ad-
dress obsolescence in rotary-wing and tiltrotor aircraft.
Sec. 230. Prohibition on modification of indirect cost rates for institutions of higher
education and nonprofit organizations.
Sec. 231. Limitation on availability of funds pending compliance with requirements
relating to the Joint Energetics Transition Office.
Sec. 232. Limitation on availability of funds for realignment of research, develop-
ment, test, and evaluation functions of Joint conventional armaments
and ammunition.
Sec. 233. Limitation on use of funds for certain Navy software.
Sec. 234. Limitation on availability of funds for Under Secretary of Defense for Re-
search and Engineering pending report on study results.
Subtitle C—Biotechnology Matters
Sec. 241. Support for research and development of bioindustrial manufacturing
processes.
Sec. 242. Biotechnology Management Office.
Sec. 243. Bioindustrial commercialization program.
Sec. 244. Biotechnology supply chain resiliency program.
Sec. 245. Biological data for artificial intelligence.
Sec. 246. Department of Defense biotechnology strategy.
Sec. 247. Ethical and responsible development and deployment of biotechnology
within the Department of Defense.
Sec. 248. Establishing biobased product merit guidance.
Subtitle D—Plans, Reports, and Other Matters
Sec. 251. Modification of energetic materials strategic plan and investment strategy
of Joint Energetics Transition Office.
Sec. 252. Extension of period for annual reports on critical technology areas sup-
portive of the National Defense Strategy.
Sec. 253. Quarterly briefings on research, development, test, and evaluation labora-
tories and facilities.
S. 1071—55
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2026 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 TO AUTHORITY TO AWARD PRIZES FOR
ADVANCED TECHNOLOGY ACHIEVEMENTS.
(a) AUTHORITY.—Subsection (a) of section 4025 of title 10,
United States Code, is amended by inserting after ‘‘the Under
Secretary of Defense for Acquisition and Sustainment,’’ the fol-
lowing: ‘‘the Director of the Defense Innovation Unit,’’.
(b) MAXIMUM AMOUNT OF AWARD PRIZES.—Subsection (c) of
such section is amended—
(1) in paragraph (1) by striking ‘‘$10,000,000’’ and inserting
‘‘$20,000,000’’;
(2) in paragraph (2) by striking ‘‘$1,000,000’’ and inserting
‘‘$2,000,000’’; and
(3) in paragraph (3) by striking ‘‘$10,000’’ and inserting
‘‘$20,000’’.
(c) CONGRESSIONAL
NOTIFICATION
THRESHOLD.—Subsection
(g)(1) of such section is amended by striking ‘‘$10,000,000’’ and
inserting ‘‘$20,000,000’’.
SEC. 212. MODIFICATION TO MECHANISMS TO PROVIDE FUNDS TO
DEFENSE LABORATORIES AND OTHER ENTITIES FOR
RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR
MILITARY MISSIONS.
Section 4123 of title 10, United States Code, is amended—
(1) in the section heading, by inserting ‘‘and test organiza-
tions’’ after ‘‘defense laboratories’’;
(2) by inserting ‘‘or test organization’’ after ‘‘laboratory’’
each place it appears;
(3) in subsection (a)(3), by inserting ‘‘or test organizations’’
after ‘‘laboratories’’; and
(4) by adding at the end the following new subsection:
‘‘(d) TEST ORGANIZATION DEFINED.—In this section, the term
‘test organization’ means a test organization of the Major Range
and Test Facility Base specified in Department of Defense Directive
3200.11 or any successor directive.’’.
SEC. 213. PROGRAM FOR THE ENHANCEMENT OF THE RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE
DEPARTMENT OF DEFENSE.
(a) MAKING PERMANENT AND IMPROVING PILOT PROGRAM FOR
THE ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.—Chapter
305 of title 10, United States Code, is amended by adding at
the end the following new section:
S. 1071—56
‘‘§ 4145. Program for the enhancement of the research,
development, test, and evaluation centers of the
Department of Defense
‘‘(a) IN GENERAL.—The Secretary of Defense and the Secretaries
of the military departments shall jointly carry out a program to
demonstrate methods for the more effective development of tech-
nology and management of functions at eligible centers.
‘‘(b) ELIGIBLE CENTERS.—For purposes of the program, the
eligible centers are—
‘‘(1) the science and technology reinvention laboratories,
as designated by section 4121(b) of this title;
‘‘(2) the test and evaluation centers which are activities
specified as part of the Major Range and Test Facility Base
in Department of Defense Directive 3200.11 (or any successor
document);
‘‘(3) the Defense Advanced Research Projects Agency;
‘‘(4) the Defense Innovation Unit; and
‘‘(5) the Strategic Capabilities Office.
‘‘(c) DEFINITION OF RESPONSIBLE OFFICIALS CONCERNED.—For
purposes of this section, the term ‘responsible official concerned’
means—
‘‘(1) the Assistant Secretary of the Army for Acquisition,
Technology, and Logistics, with respect to matters concerning
the Army;
‘‘(2) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters con-
cerning the Navy and the Marine Corps; or
‘‘(3) the Assistant Secretary of the Air Force for Acquisition,
with respect to matters concerning the Air Force and the Space
Force;
‘‘(4) the Deputy Secretary of Defense, with respect to mat-
ters concerning the Defense Advanced Research Projects
Agency, the Defense Innovation Unit, and the Strategic
Capabilities Office, and any other matters not covered by para-
graphs (1), (2), and (3).
‘‘(d) PARTICIPATION IN PROGRAM.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the head of
each eligible center shall submit to the responsible official
concerned a proposal on, and implement, alternative and
innovative methods of effective management and operations
of eligible centers, rapid project delivery, support, experimen-
tation, prototyping, and partnership with universities and pri-
vate sector entities—
‘‘(A) to generate greater value and efficiencies in
research and development activities;
‘‘(B) to enable more efficient and effective operations
of supporting activities, such as—
‘‘(i) facility management, construction, and repair;
‘‘(ii) business operations;
‘‘(iii) personnel management policies and practices;
and
‘‘(iv) intramural and public outreach; and
‘‘(C) to enable more rapid deployment of warfighter
capabilities.
‘‘(2) IMPLEMENTATION.—The head of an eligible center shall
implement each method proposed under paragraph (1) unless
such method is disapproved in writing by the responsible official
S. 1071—57
concerned within 60 days of receiving the proposal from the
eligible center.
‘‘(e) WAIVER AUTHORITY FOR DEMONSTRATION AND IMPLEMENTA-
TION.—The head of an eligible center may waive any regulation,
restriction, requirement, guidance, policy, procedure, or depart-
mental instruction that would affect the implementation of a method
proposed under subsection (d)(1), unless such implementation would
be prohibited by a provision of a Federal statute or common law.’’.
(b) CONFORMING REPEAL.—Section 233 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10
U.S.C. 4141 note prec.) is repealed.
SEC.
214.
MODIFICATION
TO
AUTHORITY
FOR
ACQUISITION,
CONSTRUCTION, OR FURNISHING OF TEST FACILITIES
AND EQUIPMENT.
(a) JOINTLY FUNDED PROJECTS.—Section 4174 of title 10, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘A contract of a military
department’’ and inserting ‘‘A covered contract’’; and
(2) by adding at the end the following new subsections:
‘‘(d)(1) In a case in which research, developmental, or test
facilities and equipment described in this section are used to support
multiple contracts or programs across different military depart-
ments, other elements of the Department of Defense, other Federal
agencies outside the Department of Defense, or eligible non-Federal
entities, a jointly funded project may be established.
‘‘(2) Under a jointly funded project, the Secretary of Defense
(or the Secretary’s designee) shall enter into a written agreement
with each entity participating in the project. Each such agreement
shall, at a minimum, address the following:
‘‘(A) Cost sharing arrangements, including the proportion
of total project costs to be borne by each entity.
‘‘(B) Allocation of access to the facilities and equipment,
including prioritization procedures in cases of competing
demands.
‘‘(C) Management and oversight responsibilities, including
the designation of a lead agency.
‘‘(D) Ownership and intellectual property rights related
to the facilities, equipment, and any resulting data or inven-
tions.
‘‘(E) Dispute resolution mechanisms.
‘‘(3) A non-Federal entity, including a private company, aca-
demic institution, or non-profit organization, may participate in
a jointly funded project under this subsection only if the Secretary
of Defense determines such participation is in the national security
interest and consistent with applicable laws and regulations.
‘‘(4) The Secretary of Defense shall issue regulations to imple-
ment this subsection. Such regulations shall include specific criteria
for evaluating proposed jointly funded projects, standardized agree-
ment templates, and procedures for ensuring the transparency and
accountability of such projects.
‘‘(e) This section applies to contracts funded using funds appro-
priated or otherwise made available for—
‘‘(1) research, development, test, and evaluation, including
science and technology funds designated as budget activity
1 (basic research), budget activity 2 (applied research), and
budget activity 3 (advanced technology development) (as those
S. 1071—58
budget activity classifications are set forth in volume 2B,
chapter 5 of the Department of Defense Financial Management
Regulation (DOD 7000.14–R)); and
‘‘(2) operation and maintenance, to the extent that such
funds are used to support activities authorized under this sec-
tion.
‘‘(f) In this section, the term ‘covered contract’ means—
‘‘(1) a contract of a military department; or
‘‘(2) a contract for a jointly funded project as described
subsection (d).’’.
(b) REGULATIONS REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall issue or revise regulations (as necessary) to implement the
amendments made by subsection (a).
SEC. 215. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS
FOR FUNDAMENTAL RESEARCH COLLABORATION WITH
CERTAIN ACADEMIC INSTITUTIONS.
Section 238(a) of the National Defense Authorization Act for
Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1842) is amended
by inserting ‘‘or fiscal year 2026’’ after ‘‘fiscal year 2025’’.
SEC. 216. MODIFICATION OF REQUIREMENT FOR DEPARTMENT OF
DEFENSE POLICIES FOR MANAGEMENT AND CERTIFI-
CATION OF LINK 16 MILITARY TACTICAL DATA LINK NET-
WORK.
Section 228(b) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4571 note) is
amended—
(1) in paragraph (1)(A), by striking ‘‘the Nevada Test and
Training Range, Restricted Area 2508, Warning Area 151/470,
Warning Area 386, and the Joint Pacific Alaska Range Com-
plex’’ and inserting ‘‘military special use airspace including
all prohibited areas, restricted areas, warning areas, and mili-
tary operational areas’’;
(2) in paragraph (2), in the matter before subparagraph
(A), by striking ‘‘training, and large-scale exercises.’’ and
inserting ‘‘regular training, and large-scale exercises. Under
such processes, approval of Link 16 operations shall be pre-
sumed and denial of Link 16 operations shall be accompanied
with substantiated evidence demonstrating compromise of
safety due to electromagnetic interference.’’; and
(3) in paragraph (5), by inserting ‘‘regular’’ before
‘‘training’’.
SEC. 217. EXTENSION OF AUTHORITY FOR ASSIGNMENT TO DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY OF PRIVATE
SECTOR PERSONNEL WITH CRITICAL RESEARCH AND
DEVELOPMENT EXPERTISE.
(a) EXTENSION.—Subsection (e) of section 232 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. note
prec. 4091) is amended by striking ‘‘September 30, 2025’’ and
inserting ‘‘September 30, 2030’’.
(b) TECHNICAL AMENDMENT.—Subsection (f)(2) of such section
is amended by striking ‘‘section 2302’’ and inserting ‘‘section 3014’’.
S. 1071—59
SEC. 218. ALTERNATIVE TEST AND EVALUATION PATHWAY FOR DES-
IGNATED DEFENSE ACQUISITION PROGRAMS.
(a) AUTHORITY.—The Secretary of Defense shall establish an
alternative test and evaluation pathway as described in subsection
(b) for covered programs to enhance agility, accelerate delivery
of capabilities, and ensure data-driven decisionmaking, while
maintaining independent oversight of evaluation outcomes.
(b) ELEMENTS.—The pathway required by subsection (a) shall
include the following elements:
(1) For each covered program, the Secretary of the military
department concerned, through its service test activities,
shall—
(A) develop and implement a unified test and evalua-
tion strategy that aligns developmental testing and oper-
ational testing to a single set of test objectives that build
system understanding throughout the test program to more
effectively support capability delivery within rapid proto-
typing and iterative updates with early and continuous
operational feedback;
(B) develop and implement a test data strategy that
includes—
(i) collection of raw data from system components
during test events and operational activities, including
submission of industry-derived data from their develop-
ment and testing evolutions;
(ii) evaluation criteria to assess the mission effects
and suitability of the system based on the data to
be collected, including from live-fire test events, if
applicable;
(iii)
a
process
for
independently
validating
industry-derived data, if needed;
(iv) provision of resources for automated data
collection, storage, and access; and
(v) automated analytics tools to assess performance
trends, reliability, and maintenance needs;
(C) incorporate, to the maximum extent practicable,
best practices such as—
(i) hardware-in-the-loop testing to validate system
integration;
(ii) continuous data collection from prototypes and
fielded systems to refine designs and update lifecycle
costs;
(iii) testing subsystem prototypes throughout
system development to assess their contribution to the
mission effect of the fielded system; and
(iv) integration of supporting or complementary
data from digital twins or other model-based systems
engineering tools;
(D) define general test and evaluation objectives and
data needs while allowing detailed execution plans to evolve
based on test results and emerging requirements, avoiding
rigid milestone-driven schedules; and
(E) ensure all raw test data and associated analytics
are owned by the Federal Government, stored in accessible
repositories, and available to authorized Department enti-
ties, including the Director of Operational Test and Evalua-
tion, throughout the program lifecycle.
S. 1071—60
(2) Each such covered program shall be exempt from—
(A) any requirement in law, regulation, or policy,
including Department of Defense Instruction 5000.02 or
other policies, to develop and submit a test and evaluation
master plan, as long as a unified test and evaluation
strategy and test data strategy are implemented, as
required by subparagraphs (A) and (B) of paragraph (1);
(B) any requirement in law, regulation, or policy to
conduct any milestone-specific operational test event, such
as the requirement in section 4171 of title 10, United
States Code, to conduct initial operational test and evalua-
tion; and
(C) any other test and evaluation documentation or
approval process that the Secretary determines is incon-
sistent with the agile and iterative nature of this pathway.
(c) ROLE OF THE DIRECTOR OF OPERATIONAL TEST AND EVALUA-
TION.—For each covered program designated for oversight by the
Director of Operational Test and Evaluation, the Director of Oper-
ational Test and Evaluation shall—
(1) provide independent evaluation of test data across all
phases of the program lifecycle, including—
(A) assessing the sufficiency of the program’s test and
evaluation strategy and data strategy to demonstrate mili-
tary effectiveness;
(B) evaluating whether the program collects and ana-
lyzes sufficient raw data, learns from test results at a
pace relevant to operational needs, and converges on mili-
tary effectiveness based on data trends;
(C) identifying deficiencies in test and evaluation
strategies that risk system performance, suitability, or
survivability; and
(D) providing continuous oversight through ongoing
analysis of test data;
(2) have unrestricted access to all raw test data, data
repositories, and analytics maintained by the military depart-
ments for the covered program;
(3) not require of the covered program—
(A) any specific test plan, execution method, or docu-
mentation format, or any pre-approval of test and evalua-
tion activities, as a condition of testing, data collection,
or evaluation; or
(B) any Director of Operational Test and Evaluation-
approved test and evaluation master plan or other pre-
execution documentation under existing policies; and
(4) include in the annual report required under section
139(h) of title 10, United States Code, a summary of the ade-
quacy of data strategies, rates of learning, and risks that aligns
with the evaluation processes established in this section.
(d) GUIDANCE REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments and
the Director of Operational Test and Evaluation, shall issue guid-
ance to implement the alternative test and evaluation pathway
under this section, including standards for data strategies and
modern testing practices and procedures to support evaluation by
the Director of Operational Test and Evaluation under subsection
(c).
S. 1071—61
(e) REPORT.—Not later than three years after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the implementa-
tion of this section, including an assessment of the effectiveness
of the pathway in accelerating capability delivery and improving
system performance and any recommendations for expanding or
modifying the pathway.
(f) COVERED PROGRAM DEFINED.—In this section, the term ‘‘cov-
ered program’’ means the following:
(1) A defense acquisition program that the Secretary of
Defense designates, on or after the date on which guidance
is issued under subsection (d), for use of the alternative test
and evaluation pathway under this section.
(2) A defense acquisition program relating to software and
covered hardware initiated on or after the date of the enactment
of this Act.
SEC. 219. CONGRESSIONALLY DIRECTED PROGRAMS FOR TEST AND
EVALUATION OVERSIGHT.
(a) REQUIREMENT.—The Director of Operational Test and
Evaluation shall include in the annual report required by section
139(h) of title 10, United States Code, an assessment of the oper-
ational and live fire test and evaluation activities for—
(1) command and control and data integration architecture
for layered integrated missile defense of the homeland;
(2) the Joint Fires Network; and
(3) the Cryptographic Modernization Program.
(b) ALTERNATIVE PATHWAY.—For any effort under subsection
(a) assigned to the software acquisition pathway pursuant to section
3603 of title 10, United States Code, the Director of Operational
Test and Evaluation shall assess the effort in accordance with
the alternative test and evaluation pathway established by section
218 of this Act.
SEC. 220. APPLICATION OF SOFTWARE INNOVATION TO MODERNIZE
TEST AND EVALUATION INFRASTRUCTURE.
(a) ESTABLISHMENT
OF
DIGITAL
TEST
AND
EVALUATION
ENVIRONMENT.—
(1) PROGRAM.—The Director of the Test Resource Manage-
ment Center, in coordination with the officials specified in
paragraph (4), shall establish and maintain a digital test and
evaluation environment for developmental and operational
testing of warfighting capabilities.
(2) REQUIREMENTS.—The digital test and evaluation
environment required under paragraph (1) shall—
(A) incorporate commercially-derived data manage-
ment, analysis, and operations software tools to enable
rapid test and evaluation;
(B) enable real-time and iterative data collection,
management, analysis, and feedback loops across the life
cycle of tested systems;
(C) provide secure environments for testing systems
with operational security sensitivities; and
(D) use a modular open system approach (as defined
in section 4401 of title 10, United States Code) to ensure
the environment can be accessed by multiple vendors and
is interoperable with multiple data sources, data formats,
and digital tools.
S. 1071—62
(3) USE OF SOFTWARE ACQUISITION PATHWAY.—In procuring
software and covered hardware (as defined in section 3603
of title 10, United States Code) for the digital test and evalua-
tion environment required under paragraph (1), the Director
of the Test Resource Management center shall use a software
acquisition pathway described in section 3603 of title 10, United
States Code.
(4) OFFICIALS
SPECIFIED.—The officials specified in this
paragraph are—
(A) the Director of the Defense Innovation Unit;
(B) the Director of Operational Test and Evaluation;
and
(C) each chief of a covered Armed Force.
(b) PILOT PROGRAM TO ACCELERATE TEST.—
(1) IN GENERAL.—The Director of the Defense Innovation
Unit and the Director of the Test Resource Management Center,
in coordination with the Director of Operational Test and
Evaluation, shall jointly carry out a pilot program to determine
how commercial software can be used to accelerate and improve
testing efforts—
(A) to accelerate continuous integration and continuous
testing of warfighting capabilities by applying industry best
practices and tooling for scalability, advanced analysis, and
data sharing; and
(B) to enable continuous and iterative testing through-
out capability design, development, engineering, and
fielding.
(2) REPORTS
REQUIRED.—The Director of the Defense
Innovation Unit and the Director of the Test Resource Manage-
ment Center, in coordination with the Director of Operational
Test and Evaluation, shall—
(A) not later than 120 days after the date of the enact-
ment of this Act, submit to the congressional defense
committees an interim report that includes an implementa-
tion plan for the pilot program under paragraph (1); and
(B) following submittal of the report under subpara-
graph (A), but not later than 270 days after the date
of the enactment of this Act, submit to the committees
a report on the progress of the pilot program, which shall
include a description of—
(i) the metrics used to measure the performance
of commercial software under the program;
(ii) the initial findings of the program; and
(iii) based on such findings, any identified road-
blocks or limitations to using commercial software and
digital tools for accelerated testing.
(3) TERMINATION.—The authority to carry out the pilot
program under this subsection shall terminate five years after
the date of the enactment of this Act.
(c) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the Army, Navy, Air Force, Marine
Corps, and Space Force.
SEC. 221. REVIEW AND ALIGNMENT OF STANDARDS, GUIDANCE, AND
POLICIES RELATING TO DIGITAL ENGINEERING.
(a) REVIEW REQUIRED.—
S. 1071—63
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, each Secretary of a military
department, in coordination with the officials specified in sub-
section (c), shall complete a comprehensive review of the stand-
ards, guidance, and policies relating to digital engineering
within the covered Armed Forces under the jurisdiction of that
Secretary.
(2) ELEMENTS.—Each review under paragraph (1) shall
include, with respect to the covered Armed Forces under the
jurisdiction of the Secretary concerned, the following:
(A) A review of the reference architectures, standards,
and best practices for the use of digital engineering tools
(including digital twins and digital threads) as in effect
at the time of the review, including standards for the
use of such tools at all stages of program design, develop-
ment, and testing.
(B) Identification of the current standards guiding the
use of such digital engineering tools, at all stages of pro-
gram design, development, and testing.
(C) Assessment of—
(i) the extent to which the use of such standards
and related governance structures is consistent across
the covered Armed Forces under the jurisdiction of
the Secretary concerned; and
(ii) the level of interoperability of such standards
across such Armed Forces.
(D)
Identification
of
best
practices
for
digital
engineering within each such Armed Force.
(E) Recommendations for improvements to the use of
digital engineering tools in each such Armed Force.
(b) DEVELOPMENT OF STANDARD REFERENCE ARCHITECTURE.—
(1) IN GENERAL.—Not later than 180 days after the date
on which the Secretary of a military department completes
the review required under subsection (a), the Secretary shall
develop and implement a standard reference architecture to
guide the use of, and best practices for, digital engineering
for program design, development, and testing within each cov-
ered Armed Force under the jurisdiction of that Secretary.
Each reference architecture shall include—
(A) a framework and clear requirements for developing
and deploying digital engineering tools across program
lifecycles;
(B) defined standards for data management and mod-
eling; and
(C) consideration for either consensus-based standards
or nonconsensus-based standards, depending on what is
determined to be in the best interests of the government
based on the ability to adopt such standards quickly and
prevent technology vendor lock.
(2) PERIODIC REVIEW.—Not less frequently than once every
three years following implementation of the standard reference
architecture required under paragraph (1), but ending on Sep-
tember 30, 2034, each Secretary of a military department
shall—
(A) conduct periodic reviews of the reference architec-
ture to ensure it effectively addresses advancements in
technology and evolving operational needs; and
S. 1071—64
(B) if necessary, modify the reference architecture to
address such advancements and needs.
(3) APPROVAL AND CERTIFICATION REQUIRED.—Before a ref-
erence architecture may be implemented under this subsection,
the
Under
Secretary
of
Defense
for
Acquisition
and
Sustainment, in coordination with the Under Secretary of
Defense for Research and Engineering and the Director of
Operational Test and Evaluation, shall—
(A) review and approve the reference architecture; and
(B) submit certification of such approval to the Sec-
retary of the military department concerned.
(4) RECOMMENDATIONS FOR FURTHER STANDARDIZATION.—
Based on the reviews conducted under paragraph (3), the Under
Secretary of Defense for Acquisition and Sustainment, in
coordination with the Under Secretary of Defense for Research
and Engineering and the Director of Operational Test and
Evaluation, shall—
(A) identify and develop recommendations regarding
areas in which further standardization of reference
architectures across the covered Armed Forces may be fea-
sible; and
(B) submit such recommendations to the Secretaries
of the military departments.
(c) OFFICIALS SPECIFIED.—The officials specified in this sub-
section are the following:
(1) The Under Secretary of Defense for Acquisition and
Sustainment.
(2) The Under Secretary of Defense for Research and
Engineering.
(3) The Director of Operational Test and Evaluation.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Forces’’ means the Army,
Navy, Air Force, Marine Corps, and Space Force.
(2) The term ‘‘reference architecture’’ means an authori-
tative source of information about a specific subject area that
guides and constrains the instantiations of multiple architec-
tures and solutions, as described in the guidance of the Office
of the Assistant Secretary of Defense titled ‘‘Reference Architec-
ture Description’’, dated June 2010, or any successor to such
guidance.
SEC. 222. CATALYST PATHFINDER PROGRAM.
(a) ESTABLISHMENT.—Not later than January 1, 2027, the Sec-
retary of the Army shall establish a program that—
(1) creates partnerships between operational units of the
Army and research universities to provide a platform for univer-
sity-based researchers and small businesses to collaborate
directly with soldiers on innovative applied research and
development; and
(2) integrates soldiers into the problem identification
process and early-stage development efforts to ensure technical
solutions are meeting soldier needs and enhancing lethality.
(b) ACTIVITIES.—In carrying out the program, the Secretary
shall—
(1) establish activities at select divisions of the Army to
accelerate the incorporation of soldier insights into capability
development;
S. 1071—65
(2) establish policies that streamline collaboration between
soldiers, Army Transformation and Training Command,
research universities, and small businesses;
(3) establish a governance board that includes representa-
tives from the research, development, test, and evaluation,
acquisition, requirements, and research university commu-
nities; and
(4) promote transition of successful program projects to
Army programs.
(c) INCLUSION IN FUTURE-YEARS DEFENSE PROGRAM.—The pro-
gram shall be treated as a research, development, test, and evalua-
tion activity in the Army’s input to the future-years defense program
submitted to Congress under section 221 of title 10, United States
Code.
SEC.
223.
MODIFICATIONS
TO
DEFENSE
RESEARCH
CAPACITY
BUILDING PROGRAM.
(a) IN GENERAL.—For fiscal year 2026 and each fiscal year
thereafter, the Secretary of Defense shall ensure that all funding
opportunities executed in Program Element 0601228D8Z, or suc-
cessor program element, shall include separate funding solicitations
each focused toward—
(1) Historically Black Colleges and Universities and Tribal
Colleges and Universities; and
(2) Minority-Serving Institutions that are not described
in paragraph (1).
(b) DEFINITIONS.—In this section:
(1) The term ‘‘Historically Black College or University’’
has the meaning given the term ‘‘part B institution’’ in section
322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(2) The term ‘‘Minority-Serving Institution’’ means an
eligible institution described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(3) The term ‘‘Tribal College or University’’ has the meaning
given the term in section 316(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059c(b)).
SEC. 224. NATIONAL SECURITY AND DEFENSE ARTIFICIAL INTEL-
LIGENCE INSTITUTE.
(a) IN GENERAL.—The Secretary of Defense may establish one
or more National Security and Defense Artificial Intelligence
Institutes (referred to in this section as ‘‘Institutes’’) at eligible
host institutions.
(b) INSTITUTE DESCRIBED.—A National Security and Defense
Artificial Intelligence Institute referred to in subsection (a) is an
artificial intelligence research institute that—
(1) is focused on a cross-cutting challenge or foundational
science for artificial intelligence systems in the national security
and defense sector;
(2) establishes partnerships among public and private
organizations, including, as appropriate, Federal agencies,
institutions of higher education, including community colleges,
nonprofit research organizations, Federal laboratories, State,
local, and Tribal governments, and industry, including the
Defense Industrial Base and startup companies;
(3) has the potential to create an innovation ecosystem,
or enhance existing ecosystems, to translate Institute research
S. 1071—66
into applications and products used to enhance national security
and defense capabilities;
(4) supports interdisciplinary research and development
across multiple institutions of higher education and organiza-
tions; and
(5) supports workforce development in artificial intelligence
related disciplines in the United States.
(c) FINANCIAL ASSISTANCE AUTHORIZED.—
(1) IN
GENERAL.—The Secretary of Defense may award
financial assistance to an eligible host institution, or consortia
thereof, to establish and support one or more Institutes.
(2) USE OF FUNDS.—Financial assistance awarded under
paragraph (1) may be used by an Institute for—
(A) managing and making available to researchers
accessible, curated, standardized, secure, and privacy pro-
tected data sets from the public and private sectors for
the purposes of training and testing artificial intelligence
systems and for research using artificial intelligence sys-
tems with regard to national security and defense;
(B) developing and managing testbeds for artificial
intelligence systems, including sector-specific test beds,
designed to enable users to evaluate artificial intelligence
systems prior to deployment;
(C) conducting research and education activities
involving artificial intelligence systems to solve challenges
with national security implications;
(D) providing or brokering access to computing
resources, networking, and data facilities for artificial intel-
ligence research and development relevant to the Institute’s
research goals;
(E) providing technical assistance to users, including
software engineering support, for artificial intelligence
research and development relevant to the Institute’s
research goals;
(F) engaging in outreach and engagement to broaden
participation in artificial intelligence research and the
artificial intelligence workforce; and
(G) such other activities as may determined by the
Secretary of Defense.
(3) DURATION.—Financial assistance under paragraph (1)
shall be awarded for a five-year period, and may be renewed
for not more than one additional five-year period.
(4) APPLICATION FOR FINANCIAL ASSISTANCE.—An eligible
host institution or consortia thereof seeking financial assistance
under paragraph (1) shall submit to the Secretary of Defense
an application at such time, in such manner, and containing
such information as the Secretary may require.
(5) COMPETITIVE, MERIT
REVIEW.—In awarding financial
assistance under paragraph (1), the Secretary of Defense shall
use a competitive, merit-based review process.
(6) COLLABORATION.—In awarding financial assistance
under paragraph (1), the Secretary of Defense may collaborate
with other departments and agencies of the Federal Govern-
ment with missions that relate to or have the potential to
be affected by the national security implications of artificial
intelligence systems.
S. 1071—67
(7) LIMITATION.—No financial assistance authorized in this
section shall be awarded to an entity outside of the United
States. All recipients of financial assistance under this section,
including subgrantees, shall be based in the United States
and shall meet such other eligibility criteria as may be estab-
lished by the Secretary of Defense.
(d) DEFINITION.—In this section, the term ‘‘eligible host institu-
tion’’ means—
(1) an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002))
in the United States that conducts research sponsored by the
Department of Defense; or
(2) a senior military college (as defined in section 2111a(f)
of title 10, United States Code).
SEC. 225. ADVANCED ROBOTIC AUTOMATION FOR MUNITIONS MANU-
FACTURING.
(a) PROGRAM REQUIRED.—The Secretary of the Army shall carry
out a program to support the maturation and expansion of robotic
automation capabilities for munitions manufacturing at govern-
ment-owned, contractor-operated production facilities.
(b) OBJECTIVES.—The objectives of the program under sub-
section (a) shall include the following:
(1) The design and integration of inherently safe, scalable
robotic load, assemble, and pack (LAP) systems for munitions
production.
(2) The demonstration of increased throughput and produc-
tion capacity, while reducing manual handling of energetic
materials.
(3) The development of cyber-hardened data infrastructure
for secure integration of factory-floor operations with enterprise
systems.
(4) Support for workforce upskilling and training in
robotics, automation, and advanced manufacturing tech-
nologies.
(5) The evaluation of applicability across multiple munition
types and organic industrial base sites.
(c) COORDINATION.—In carrying out the program under sub-
section (a), the Secretary of the Army shall coordinate with the
Joint Program Executive Office Armaments and Ammunition and
other relevant components of the Department of the Army.
(d) BRIEFING.—Not later than March 1, 2026, the Secretary
of the Army shall provide the congressional defense committees
a briefing on the program carried out under subsection (a). Such
briefing shall cover—
(1) the progress made under the program;
(2) lessons learned; and
(3) recommendations for the wider adoption of robotic auto-
mation technologies within the defense industrial base.
SEC. 226. EVALUATION OF ADDITIONAL TEST CORRIDORS FOR
HYPERSONIC AND LONG-RANGE WEAPONS.
(a) EVALUATION REQUIRED.—To assess impact effectiveness and
increase the cadence of testing and training for long-range and
hypersonic systems, the Secretary of Defense shall, acting through
the Under Secretary of Defense for Research and Engineering and
S. 1071—68
the Director of the Test Resource Management Center and in con-
sultation with requirements owners of long-range and hypersonic
systems of the Armed Forces, evaluate—
(1) the comparative advantages of episodic and permanent
special activity airspace designated by the Federal Aviation
Administration for use by the Department of Defense suitable
for the test and training of long-range and hypersonic systems;
(2) requirements for continental test ranges, including—
(A) attributes, including live, virtual, and constructive
capabilities;
(B) scheduling and availability;
(C) safety;
(D) end strength;
(E) facilities, infrastructure, radar, and related sys-
tems;
(F) launch locations;
(G) impact areas; and
(H) such other characteristics as the Secretary con-
siders appropriate; and
(3) potential enhancements to existing Federal Government
facilities needed to enable use of these facilities by the Depart-
ment of Defense for testing and research of hypersonic systems.
(b) BRIEFING.—Not later than December 1, 2026, the Secretary
shall provide to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a briefing on the findings of the Secretary with respect to
the evaluation conducted pursuant to subsection (a), including an
assessment of the completion date.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘impact area’’ means the point at which
a test terminates.
(2) The term ‘‘launch location’’ means the point from which
a test is initiated.
SEC. 227. WESTERN REGIONAL RANGE COMPLEX DEMONSTRATION.
(a) DEMONSTRATION REQUIRED.—The Secretary of Defense shall
carry out a demonstration project under which the Secretary—
(1) interconnects ranges or training sites in the western
States; and
(2) uses such interconnected ranges and sites as a joint
multi-domain kinetic and non-kinetic testing and training
environment for the military departments.
(b) USE OF EXISTING RANGES AND CAPABILITIES.— In carrying
out the project under subsection (a), the Secretary of Defense shall
use ranges, testing sites, and related capabilities that are in exist-
ence as of the date of the enactment of this Act.
(c) ACTIVITIES.—The range complex established under sub-
section (a) shall be capable of facilitating testing and training
in the following:
(1) Electromagnetic spectrum operations.
(2) Electromagnetic warfare.
(3) Operations that blend kinetic and non-kinetic effects.
(4) Joint All Domain Command and Control (commonly
known as ‘‘JADC2’’).
(5) Information warfare, including—
(A) intelligence, surveillance, and reconnaissance;
(B) offensive and defensive cyber operations;
S. 1071—69
(C) space operations;
(D) psychological operations;
(E) public affairs; and
(F) weather operations.
(d) TIMELINE FOR COMPLETION OF INITIAL DEMONSTRATION.—
In carrying out subsection (a), the Secretary of Defense shall seek
to complete an initial demonstration, interconnecting two or more
ranges or testing sites of two or more military departments in
the western States, not later than one year after the date of the
enactment of this Act.
(e) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on—
(1) a phased implementation plan and design for connecting
ranges and testing sites in the western States as required
under subsection (a), including the initial demonstration
required by subsection (d);
(2) how the design architecture of the plan is in alignment
with recommendations of the most recent Electromagnetic Spec-
trum Superiority Strategy of the Department of Defense; and
(3) how the design architecture is expected to support high-
periodicity training, testing, research, and development.
(f) WESTERN
STATE
DEFINED.—In this section, the term
‘‘western State’’ means a State located west of the Mississippi
River.
(g) TERMINATION.—This section shall terminate on September
30, 2028.
SEC.
228.
DEMONSTRATION
OF
NEAR
REAL-TIME
MONITORING
CAPABILITIES TO ENHANCE WEAPON SYSTEM PLAT-
FORMS.
(a) DEMONSTRATION.—Subject to the availability of appropria-
tions, the Secretary of Defense, in coordination with the Under
Secretary of Defense for Acquisition and Sustainment and the
service acquisition executives, shall carry out a demonstration to
equip selected weapon system platforms with onboard, near real-
time, end-to-end serial bus and radio frequency monitoring capabili-
ties to detect cyber threats and improve maintenance efficiency.
(b) PHASES.—The Secretary of Defense shall implement the
demonstration under subsection (a) in phases as follows:
(1) Not later than 90 days after the date of the enactment
of this Act, the Secretary shall—
(A) select not fewer than three weapon system plat-
forms for initial participation in the demonstration,
prioritizing the MH–60R and MQ–9 aircraft fleets and
using the priorities identified under section 1559 of the
James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2224
note); and
(B) complete the initial deployment of monitoring
capabilities to such platforms.
(2) Not later than one year after the date of the enactment
of this Act, the Secretary shall extend monitoring capabilities
to the complete fleets of selected platforms and complete initial
data collection and analysis from all participating platforms.
(c) REPORT REQUIRED.—
S. 1071—70
(1) IN GENERAL.—Not later than January 1, 2027, the Sec-
retary shall submit to the congressional defense committees
a report on the findings of the Secretary with respect to the
demonstration conducted pursuant to subsection (a).
(2) CONTENTS.—The report submitted pursuant to para-
graph (1) shall include the following:
(A) The effectiveness of the monitoring capabilities
with respect to—
(i) cyber threat detection;
(ii) maintenance efficiency; and
(iii) operational readiness and mission capable
rates.
(B) Specific recommendations regarding—
(i) whether near real-time monitoring capabilities
should be implemented across additional Department
weapon system platforms;
(ii) if additional implementation is recommended,
which specific weapon system platforms should receive
priority for such implementation, along with the esti-
mated costs and funding requirements;
(iii) an analysis of the advisability of developing
a
program
for
implementing
such
capabilities,
including potential risks, benefits, and trade-offs; and
(iv) proposed metrics for measuring successful
implementation and operational effectiveness.
(3) FORM OF REPORT.—The report submitted pursuant to
paragraph (1) shall be submitted in unclassified form but may
include a classified annex.
SEC. 229. PILOT PROGRAM ON MODERNIZED HEALTH AND USAGE MON-
ITORING
SYSTEMS
TO
ADDRESS
OBSOLESCENCE
IN
ROTARY-WING AND TILTROTOR AIRCRAFT.
(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary of the Army and Secretary
of the Navy may establish and carry out a pilot program to evaluate
commercially available, next-generation Health and Usage Moni-
toring Systems (referred to in this section as ‘‘HUMS’’) technologies
intended to address obsolescence issues affecting legacy HUMS
currently installed on Army and Marine Corps rotary-wing and
tiltrotor aircraft.
(b) OBJECTIVES.—In conducting the pilot program, the Secretary
of the Army and Secretary of the Navy shall assess whether modern-
ized HUMS technologies—
(1) effectively mitigate obsolescence risks associated with
legacy HUMS systems;
(2) enhance the operational readiness, availability, and
sustainment of Army and Marine Corps rotary-wing and
tiltrotor aircraft; and
(3) deliver advanced predictive analytics capabilities,
reducing maintenance burden and lifecycle costs.
(c) DURATION.—The pilot program shall be carried out for a
period not exceeding one year.
(d) REPORT.—Not later than 90 days after completion of the
pilot program, the Secretary of the Army and Secretary of the
Navy shall submit to the congressional defense committees a report
summarizing—
S. 1071—71
(1) the pilot program results, including effectiveness in
addressing obsolescence, improving predictive maintenance, and
enhancing readiness and aircraft availability; and
(2) recommendations regarding broader adoption of evalu-
ated HUMS technologies across the Army and Marine Corps
rotary-wing and tiltrotor aircraft fleet.
SEC. 230. PROHIBITION ON MODIFICATION OF INDIRECT COST RATES
FOR INSTITUTIONS OF HIGHER EDUCATION AND NON-
PROFIT ORGANIZATIONS.
(a) PROHIBITION.—The Secretary of Defense may not change
or modify indirect cost rates (otherwise known as facilities and
administration cost rates) for Department of Defense grants and
contracts awarded to institutions of higher education and nonprofit
organizations (as those terms are defined in part 200 of title 2,
Code of Federal Regulations) until the Secretary makes the certifi-
cation described under subsection (b).
(b) CERTIFICATION.—A certification under this subsection is a
certification to the congressional defense committees that the
Department of Defense—
(1) working with the extramural research community,
including representatives from universities, university associa-
tions, independent research institutes, and private foundations,
has developed an alternative indirect cost model that has—
(A) reduced the indirect cost rate for all applicable
institutions of higher education and nonprofit organizations
(compared to indirect rates for fiscal year 2025); and
(B) optimized payment of legitimate and essential
indirect costs involved in conducting Department of Defense
research to ensure transparency and efficiency for Depart-
ment of Defense-funded grants and contracts; and
(2) established an implementation plan with adequate
transition time to change budgeting and accounting processes
for affected institutions of higher education and nonprofit
organizations.
SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS PENDING COMPLI-
ANCE WITH REQUIREMENTS RELATING TO THE JOINT
ENERGETICS TRANSITION OFFICE.
(a) LIMITATION.—Of the funds described in subsection (b), not
more than 80 percent may be obligated or expended until the
date on which the Secretary of Defense—
(1) establishes a Joint Energetics Transition Office as
required under section 148 of title 10, United States Code;
(2) provides that Office with the staff and other resources
necessary to effectively carry out the responsibilities specified
in subsection (c) of such section; and
(3) submits to the congressional defense committees the
reports required under subsections (b) and (c) of section 241
of the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118–31; 137 Stat. 208).
(b) FUNDS DESCRIBED.—The funds described in this subsection
are funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2026 for the Department of Defense
and available for travel expenses for any of the following:
(1) The Office of the Under Secretary of Defense for Acquisi-
tion and Sustainment.
S. 1071—72
(2) The Office of the Under Secretary of Defense for
Research and Engineering.
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR REALIGNMENT
OF RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
FUNCTIONS OF JOINT CONVENTIONAL ARMAMENTS AND
AMMUNITION.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for the Department of Defense may be obligated or expended
to disestablish, or modify the duties assigned to, an organization
responsible (as of the date of the enactment of this Act) for research,
development, test, and evaluation functions of Joint conventional
armaments and ammunition until a period of 180 days has elapsed
following the date on which the report required under subsection
(b) is submitted to the congressional defense committees.
(b) REPORT REQUIRED.—Not later than November 1, 2026, the
Secretary of the Army shall submit to the congressional defense
committees a report that includes the following with respect to
the proposed realignment of functions described in subsection (a):
(1) An explanation of whether Army personnel, including
contractors, would be required to relocate to a new location
and if so an estimate of how many personnel would relocate
and to what locations.
(2) An explanation of whether the Army expects to build
new facilities and infrastructure at new locations to accomplish
the research, development, test, and evaluation functions of
Joint conventional armaments and ammunition and, if so,
identification of—
(A) what new facilities and infrastructure would have
to be constructed; and
(B) where such facilities and infrastructure would be
constructed.
(3) A detailed estimate of the costs of relocating personnel
and equipment and constructing new facilities and infrastruc-
ture.
(4) A detailed explanation of the efficiencies, if any, that
the Army expects to realize by realigning the research, develop-
ment, test, and evaluation functions of Joint conventional
armaments and ammunition.
SEC. 233. LIMITATION ON USE OF FUNDS FOR CERTAIN NAVY SOFT-
WARE.
None of the funds authorized to be appropriated by this Act
or otherwise made available may be obligated or expended to
develop, procure, or operate the autonomy baseline manager or
the common control system of the Navy for a proposed unmanned
surface vessel program unless, with respect to that program—
(1) the Secretary of the Navy submits to the congressional
defense committees—
(A) the original baseline schedule of key capability
deliverables and the current schedule as of the date of
submission;
(B) the original cost estimate and the current cost
estimate as of the date of submission, including the total
funding received for the program;
S. 1071—73
(C) all reports of test and experimentation events,
including a comparison of performance to alternative
industry capabilities;
(D) the unaltered assessment of the Defense Innovation
Unit on a market assessment of industry capabilities com-
pared to the capabilities of the autonomy baseline manager
and the common control system of the Navy; and
(E) an assessment that the program is delivering new
capabilities at a pace and quality that meets or exceeds
industry capabilities; and
(2) the Chief of Naval Operations validates to the congres-
sional defense committees that the program meets operational
user needs of the Navy.
SEC. 234. LIMITATION ON AVAILABILITY OF FUNDS FOR UNDER SEC-
RETARY OF DEFENSE FOR RESEARCH AND ENGINEERING
PENDING REPORT ON STUDY RESULTS.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 for operation and
maintenance, Defense-wide, and available to 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 date on which the Under Secretary submits to the congres-
sional defense committees the report required by section 245(d)
of the National Defense Authorization Act for Fiscal Year 2025
(Public Law 118–159; 138 Stat. 1850).
Subtitle C—Biotechnology Matters
SEC. 241. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUS-
TRIAL MANUFACTURING PROCESSES.
Section 215 of the James M. Inhofe National Defense Authoriza-
tion Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C.
4841 note) is amended—
(1) by redesignating subsections (d) through (f) as sub-
sections (e) through (g), respectively; and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) FUNDING.—Funds authorized to be appropriated or other-
wise made available to the Department of Defense for research,
development, test, and evaluation may be used to carry out the
activities described in subsection (c), including the design and
construction activities described in subsection (c).’’.
SEC. 242. BIOTECHNOLOGY MANAGEMENT OFFICE.
(a) DESIGNATION OF SENIOR OFFICIAL.—Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall designate a senior official, with relevant biotechnology experi-
ence, from a position within the Department of Defense that was
in effect on the day before the date of the enactment of this
Act, to—
(1) be the senior official for biotechnology issues;
(2) be the head of the Biotechnology Management Office
established under subsection (b); and
(3) carry out the responsibilities for the office in subsection
(c).
S. 1071—74
(b)
ESTABLISHMENT
OF
BIOTECHNOLOGY
MANAGEMENT
OFFICE.—Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall, with input from the
senior official designated under subsection (a), charter and estab-
lish, under the authority, direction, and control of the Deputy
Secretary of Defense, a Biotechnology Management Office to foster
the development, acquisition, and sustainment of broad-based bio-
technology capabilities for the Department.
(c) RESPONSIBILITIES.—The office established under subsection
(b) shall be responsible for the following:
(1) Maintaining and executing the Defense Biotechnology
Strategy required by section 246, including development and
execution of a long-term research, development, acquisition,
and sustainment roadmap.
(2) Updating policies and guidance within the Department
relating to the acquisition, adoption, and transition of bio-
technology-based products into Department use.
(3) Coordinating with activities across the Department,
the Federal Government, industry, academia, and international
partners relating to biotechnology.
(4) Proposing options for streamlining the regulatory or
acquisition process of the Department.
(5) Conducting, as may be needed, global competition anal-
yses, net assessment, or forecasting to support decisionmakers
on biotechnology advances.
(6) Supporting the development of public-private partner-
ships with academia, industry, and other State and local
government partners, including through the development or
fostering of regionally focused innovation ecosystems.
(7) Identifying biotechnology workforce and training gaps
across the workforce of the Department.
(8) Such other responsibilities as the Secretary considers
appropriate.
(d) SUNSET.—This section shall terminate on September 30,
2030.
(e) BRIEFING.—Not later than 30 days after the designation
of the senior official pursuant to subsection (a), the Secretary shall
provide to the congressional defense committees a briefing on the
proposed scope of the charter for the office to be established pursu-
ant to subsection (b), as well as implementation plans for prelimi-
nary activities the office will pursue during the proceeding one-
year period.
SEC. 243. BIOINDUSTRIAL COMMERCIALIZATION PROGRAM.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense may establish
a program to support the expansion of the domestic capacity for
bioindustrial manufacturing of critical biomanufactured products
at a commercial level through awards to entities for establishing,
upgrading, and retooling of bioindustrial manufacturing facilities.
(b) AWARDS.—
(1) IN GENERAL.—An entity seeking an award under the
program shall submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary determines appropriate.
(2) COMPETITIVE AWARDS.—The Secretary shall make each
award under the program to an entity in a competitive manner.
S. 1071—75
(3) AWARD
CRITERIA.—In selecting entities to receive
awards under the program, the Secretary shall consider the
following criteria:
(A) The potential of the technology of such entity to
improve domestic resilience and protect critical supply
chains with biomanufactured products.
(B) How the technology of such entity could help meet
the demand for the capabilities required by the next genera-
tion of warfighters.
(C) The ability of the bioindustrial manufacturing
facility with respect to which such entity is seeking such
award to be repurposed and the range of products that
such bioindustrial manufacturing facility is capable of pro-
ducing.
(D) Whether the bioindustrial manufacturing facility
with respect to which such entity is seeking such award
supports the goal of wide geographic distribution of bio-
industrial manufacturing facilities across the United
States.
(E) Whether the bioindustrial manufacturing facility
with respect to which such entity is seeking such award
is located in geographic proximity to sources of input mate-
rials for the production of critical biomanufactured products
or areas with established biomanfuacturing capabilities.
(F) Such additional considerations that the Secretary
deems appropriate.
(4) USE OF AWARD FUNDS.—A recipient of an award under
the program may use funds received under such award for
the establishment, upgrading, or retooling of one or more bio-
industrial manufacturing facilities to produce critical biomanu-
factured products, including the development of business or
technical plans related to such establishment, upgrading, or
retooling.
(c) OVERSIGHT.—If the Secretary establishes the program, the
Secretary shall establish reporting requirements for recipients of
awards under the program which shall include requirements for
periodic reports on the following:
(1) The progress of the recipient in establishing, upgrading,
or retooling the bioindustrial manufacturing facility with
respect to which such recipient received such award.
(2) The estimated timeline and funding requirements for
the recipient to begin biomanufacturing at the bioindustrial
manufacturing facility described in paragraph (1).
(3) The products, including the critical biomanufactured
products, that are or will be produced at the bioindustrial
manufacturing facility described in paragraph (1).
(4) The progress of the recipient in entering into an agree-
ment with the Department of Defense or an element thereof
to provide critical biomanufactured products that are or will
be produced at the bioindustrial manufacturing facility
described in paragraph (1) once such bioindustrial manufac-
turing facility begins biomanufacturing.
(d) REPORTS TO CONGRESS.—
(1) INITIAL REPORT.—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 the
House of Representatives a report on the plan of the Secretary
S. 1071—76
for allocating amounts appropriated to the Department of
Defense to fund the program.
(2) ANNUAL REPORTS.—Not later than one year after the
date of the enactment of this Act, and annually thereafter,
the Secretary shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report
on the activities under the program, including the following:
(A) A list of the awards made under the program
as of the date on which the report is submitted, including,
for each such award—
(i) the name of the entity that received the award;
(ii) the location of the bioindustrial manufacturing
facility with respect to which such entity received the
award;
(iii) the amount of the award, disaggregated by
the initial amount of the award and any additional
amounts provided under the award;
(iv) an explanation of the criteria supporting
making the award to such entity, including a descrip-
tion of any notable technologies of such entity relevant
to the award;
(v) if applicable, an explanation of the rationale
for providing additional amounts under the award; and
(vi) to the extent practicable, an explanation of
the effects of the award.
(B) An identification of amounts available to the
Department of Defense for making awards under the pro-
gram as of the date on which the report is submitted
and an explanation of any plans for the use of such
amounts.
(C) An explanation of the communication between the
Secretary and entities seeking an award under the program
regarding requirements and timelines for such awards.
(D)
An
explanation
of
how
the
establishment,
upgrading, or retooling of the bioindustrial manufacturing
facilities for which awards were made under the program
aligns with priorities and needs of the Department of
Defense and national security.
(e) SUNSET.—
(1) IN
GENERAL.—Except as provided by paragraph (2),
this section shall terminate on the date that is 10 years after
the date of the enactment of this Act.
(2) EXTENSION.—The Secretary may change the date on
which this section terminates to a date that is later than
the date on which this section would terminate under para-
graph (1) if the President determines that the continuation
of the program is necessary to meet national economic and
national security needs and transmits that determination, and
that later date, to the congressional defense committees.
(f) DEFINITION
OF BIOMANUFACTURING.—In this section, the
term ‘‘biomanufacturing’’ means the utilization of biological systems
to develop new and advance existing products, tools, and processes
at commercial scale.
SEC. 244. BIOTECHNOLOGY SUPPLY CHAIN RESILIENCY PROGRAM.
(a) AUTHORIZATION.—
S. 1071—77
(1) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretaries of the military departments and the heads
of relevant Defense Agencies, may establish and implement
a program (referred to in this section as the ‘‘Program’’) to
develop and scale within the laboratories of the military depart-
ments, and transition from the laboratories of the military
departments, biotechnology-based technologies and capabilities
(including products such as chemicals, materials, and fuels)
that are relevant to the mission of the Department of Defense
and support the resilience, sustainability, and responsiveness
of the defense supply chain.
(2) ACTIVITIES.—Under the Program, the Secretary of
Defense may carry out the following activities:
(A)
Conduct
an
assessment
of
supply
chain
vulnerabilities in the Department of Defense.
(B) Direct the laboratories of the military departments
to establish mechanisms to collaboratively—
(i) conduct applied research, including experimen-
tation, advanced technological development, advanced
component development, and rapid prototyping in
bioindustrials, biomanufacturing, and related dis-
ciplines to support defense missions;
(ii) develop, prototype, test, and transition bio-
logically derived materials and products to reduce reli-
ance on foreign supply chains and vulnerable supply
chains;
(iii) upgrade, expand, or construct physical and
digital infrastructure, including laboratory facilities,
of the Department and its partners to support bioindus-
trial research, development, testing, prototyping, and
production;
(iv) as needed, enter into contracts, cooperative
agreements, grants, or other transactions with relevant
Federal entities and non-Federal entities, such as
commercial entities, research institutions, and aca-
demic organizations, to execute the activities under
this subparagraph (B); and
(v) support education, training, and workforce
development initiatives to build and sustain a skilled
bioindustrial and biomanufacturing workforce.
(C) Collaborate across the military departments,
Defense Agencies, and other Federal entities to ensure
alignment with national bioindustrial and supply chain
strategies.
(D) Promote the development and utilization of next-
generation feedstocks and processes in ways that support
local economic growth.
(E) Modernize infrastructure through investment in
facilities that enable rapid prototyping and advanced mate-
rials testing.
(F) Establish performance metrics and benchmarks to
measure progress toward operational integration and
transition to programs of record.
(3) OTHER CONSIDERATIONS.—In the event the Secretary
of Defense carries out the Program, the Secretary shall—
(A) prioritize technologies and capabilities that address
critical defense supply chain vulnerabilities and enhance
S. 1071—78
military readiness, including technologies and capabilities
necessary to—
(i) reduce logistics through field-enabled manufac-
turing of materials and deployable infrastructure
components;
(ii) enhance performance through development of
novel materials; or
(iii) improve cost efficiency of manufacturing and
reduce dependency on foreign supply chains;
(B) consult with representatives of industry, academia,
and other Federal agencies with relevant expertise, to accel-
erate development and transitions; and
(C) ensure the Program supports the development and
fielding of emerging technologies such as biotechnologies
that provide operational and strategic advantages to the
Armed Forces, including through—
(i) cross-service and public-private partnerships;
and
(ii) applied research, pilot-scale production, and
technology transition efforts focused on biomanufac-
turing and materials innovation.
(b) REPORTS.—
(1) SUBMISSION.—Not later than one year after commencing
the Program, and biennially thereafter until the Program termi-
nates under subsection (c), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report detailing all activi-
ties carried out under the program. Each report shall include,
to the extent applicable, the following:
(A) A summary of key research, development, and
prototyping efforts initiated or continued during the year
or years covered by the report, including technical objec-
tives, anticipated defense applications, and funding.
(B) A list of significant partnerships or agreements
executed with industry, academic institutions, and other
Federal agencies, including the purpose, national security
nexus, and funding level of each such partnership or agree-
ment.
(C) An assessment of infrastructure enhancements
undertaken to support bioindustrial development and scale-
up, including facility modernization and equipment acquisi-
tion.
(D) An evaluation of program performance against
established milestones or metrics, including progress
toward the transition of technologies to operational use
or acquisition programs.
(E) An identification of major technical, logistical, or
policy challenges encountered, and actions taken to miti-
gate such challenges.
(2) FORM.—Each report under this subsection shall be sub-
mitted in unclassified form but may contain a classified annex.
(c) SUNSET.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
authority to carry out the Program shall terminate on the
date that is 10 years after the date of the enactment of this
Act.
S. 1071—79
(2) EXTENSION.—The Program may be continued after the
termination date specified in paragraph (1) if, before such date,
the President—
(A) determines that continuation of the Program is
necessary to meet national economic or national security
needs; and
(B) submits notice of such determination to the
Committees on Armed Services of the Senate and the House
of Representatives.
SEC. 245. BIOLOGICAL DATA FOR ARTIFICIAL INTELLIGENCE.
(a)
AI
ACCESSIBILITY
TO
QUALIFIED
BIOLOGICAL
DATA
RESOURCES.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
develop and implement requirements that ensure qualified
biological data resources created by research entirely funded
by the Department of Defense are collected and stored in a
manner that facilitates the use of such qualified biological
data resources for advanced computational methods, including
artificial intelligence.
(2) ELEMENTS.—The requirements implemented under sub-
section (a) shall include the following:
(A) A definition of the term ‘‘qualified biological data
resource’’ for the purposes of such requirements, which
shall be based on one or more of the following criteria:
(i) The type of biological data generated.
(ii) The size of the dataset involved.
(iii) The amount of Federal funds awarded to the
research that created such qualified biological data
resource.
(iv) The level of sensitivity of the biological data
generated.
(v) Any other factor determined appropriate by
the Secretary of Defense.
(B) Guidance on the metrics and metadata included
under such requirements to indicate data quality, including
usability, interoperability, and completeness.
(C) Requirements for tiered levels of cybersecurity safe-
guards and access controls for the storage of biological
data.
(D) Exceptions to such requirements, including for
biological data that may implicate national security.
(E) Requirements for the protection of the privacy of
individuals.
(b) CONSULTATION AND CONSIDERATIONS.—In developing and
implementing the requirements under subsection (a), the Secretary
shall—
(1) consult with the Secretaries of the military departments,
the heads of the research laboratories of each of the Armed
Forces, and relevant individuals and entities in the private
sector and academia who have received funding for research
from the Department of Defense to ensure that such require-
ments are not overly burdensome; and
(2) review and incorporate, to the extent the Secretary
determines appropriate, existing Federal frameworks and
S. 1071—80
standards for the use of qualified biological data resources
for advanced computational methods.
SEC. 246. DEPARTMENT OF DEFENSE BIOTECHNOLOGY STRATEGY.
(a) IN GENERAL.—Not later than June 1, 2026, the Secretary
of Defense shall, in coordination with the Under Secretary of
Defense for Research and Engineering and the Under Secretary
of Defense for Acquisition and Sustainment, submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a strategy on the national security implications of emerging
biotechnologies, including the future role that biotechnology will
play in defense, and means to improve industry, interagency, and
international relationships in this sector.
(b) ELEMENTS.—The strategy required pursuant to subsection
(a) shall include the following elements:
(1) How the Department of Defense will develop and expand
a network of commercial facilities for the biomanufacture of
products that are critical for defense needs.
(2) Review and update of military specifications in order
to better incorporate or substitute current products with bio-
technology-based products.
(3) Updated plans and policies for the Department to enter
into advance market commitments and offtake agreements for
biotechnology products that have defense applications.
(4) Review of how the Department could better incorporate
military-relevant applications of emerging biotechnology into
wargaming exercises, tabletop exercises, or other net assess-
ment analyses.
(5) The benefits and costs of issuing a research grand
challenge, or a series of challenges, that focus on making bio-
technology predictably engineerable and how the Department
would implement such research grand challenge or series of
challenges.
(6) Development of a biotechnology regulation science and
technology program within the Department, including develop-
ment of digital infrastructure to support simplified regulation
and the development of biometrology tools.
(7) Updated plans and policies for intergovernmental sup-
port that the Department could provide in encouraging member
countries of the North Atlantic Treaty Organization (NATO)
to aggregate demand and pool purchasing power for bio-
technology products.
(8) Review of plans and guidance on how the Department
can work to develop, integrate, and disseminate biotechnology
research initiatives across member countries of NATO, and
how the Department might coordinate with international stake-
holders to utilize the combined research capabilities of such
member countries to drive a biotechnology development
approach.
(9) Review of the feasibility and advisability of using cloud
computing methods to safely store biological data to include
considerations related to cybersecurity, biosecurity, and data
privacy.
(10) Development of a training program for all members
of the Armed Forces, civilian employees of the Department,
and contractors of the Department whose duties include—
(A) creating or deploying novel biotechnologies;
S. 1071—81
(B) analyzing, preparing for, or responding to biological
threats; or
(C) planning, research and development, engineering,
or testing and evaluation of systems regarding bio-
technology.
SEC. 247. ETHICAL AND RESPONSIBLE DEVELOPMENT AND DEPLOY-
MENT OF BIOTECHNOLOGY WITHIN THE DEPARTMENT OF
DEFENSE.
(a) REQUIREMENT.—
(1) POLICIES AND GUIDELINES.—The Secretary of Defense
shall issue policies and guidelines on the ethical and responsible
development and deployment of biotechnology within the
Department of Defense.
(2) CONSULTATION.—The Secretary of Defense shall ensure
that the policies and guidelines under paragraph (1) are devel-
oped in consultation with—
(A) the Under Secretary of Defense for Research and
Engineering;
(B) the Under Secretary of Defense for Policy; and
(C) individuals representing industry, academia, and
civil society.
(3) PUBLIC AVAILABILITY.—The Secretary of Defense shall
make the policies and guidelines under paragraph (1) publicly
available.
(b) MATTERS INCLUDED.—The policies and guidelines under sub-
section (a)(1) shall include the following:
(1) Definitions related to the ethical and responsible
development and use of biotechnology.
(2) An assessment of whether, and to what extent, existing
statutes, regulations, directives, manuals, or instructions limit
the ability of the Department of Defense to provide guidelines
for the ethical and responsible development of emerging bio-
technology.
(3) Guidelines encouraging the safe use of biotechnology
products under appropriate regulatory and other oversight proc-
esses.
(4) Policies relating to informed consent of members of
the Armed Forces participating in the development of bio-
technology products that have not received regulatory approval.
(5) Policies relating to whether, and under which condi-
tions, uses of biotechnology that potentially result in irrevers-
ible or heritable characteristics are acceptable.
(6) Policies relating to the potential effects of biotech-
nologies on the environment.
(7) Policies relating to the compliance by and obligations
of the Department of Defense with respect to the Convention
on the Prohibition of the Development, Production and Stock-
piling of Bacteriological and Toxin Weapons and on their
Destruction (commonly referred to as the ‘‘Biological Weapons
Convention’’).
(8) Policies relating to human performance enhancement
or augmentation.
(9) Such other matters as the Secretary of Defense deter-
mines relevant.
(c) REPORT.—
S. 1071—82
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the policies and guidelines under subsection (a)(1), including
the methodologies used to develop the policies and guidelines.
(2) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form but may include a classified
annex.
(3) PUBLIC AVAILABILITY.—The Secretary of Defense shall
make report required under paragraph (1) publicly available,
except such publicly available version of the report may not
include any classified annex provided under paragraph (2).
(d) BRIEFING.—During the two-year period beginning on the
date that is one year after the date of the enactment of this
Act, the Secretary of Defense shall provide to the congressional
defense committees an annual briefing on the implementation of
the policies and guidelines under subsection (a)(1), including a
description of any needed resources for such implementation.
SEC. 248. ESTABLISHING BIOBASED PRODUCT MERIT GUIDANCE.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering, in coordination with the Secretaries
of the military departments, shall develop and make publicly avail-
able guidance for private entities on how such entities can effec-
tively demonstrate, validate, and verify that a biobased product
of such entity provides capabilities meeting the requirements of
the Department of Defense.
(b) ANALYSIS.—In developing the guidance required by sub-
section (a), the Under Secretary of Defense for Research and
Engineering shall conduct an analysis of current military specifica-
tions for suitable product categories and make such analysis publicly
available for use by private entities, such as in industry or aca-
demia. Such analysis shall include:
(1) Assessment of all current military specifications and
identification of those that may—
(A) have existing biobased products that meet such
specifications;
(B) could be met with biobased products with some
modification; or
(C) have no military specification where a new one
may be required.
(2) Assessment of current validation and verification proc-
esses related to military specifications to determine if modifica-
tions to such processes are needed to consider biobased product
alternatives.
(3) Review of existing acquisition policy and practices
related to procurement of materials meeting military specifica-
tions to determine if any changes to such processes are rec-
ommended to accommodate biobased products.
(c) BIOBASED PRODUCT DEFINED.—In this section, the term
‘‘biobased product’’ means a product manufactured, produced, or
developed through the application of living organisms to alter living
or non-living materials.
S. 1071—83
Subtitle D—Plans, Reports, and Other
Matters
SEC. 251. MODIFICATION OF ENERGETIC MATERIALS STRATEGIC PLAN
AND INVESTMENT STRATEGY OF JOINT ENERGETICS
TRANSITION OFFICE.
Section 148(c)(1) of title 10, United States Code, is amended—
(1) in subparagraph (B)(ii), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) identifying raw material waste produced during
the explosives manufacturing process and developing plans
to reduce waste and optimize production.’’.
SEC. 252. EXTENSION OF PERIOD FOR ANNUAL REPORTS ON CRITICAL
TECHNOLOGY AREAS SUPPORTIVE OF THE NATIONAL
DEFENSE STRATEGY.
Section 217(c)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 10 U.S.C. 4001 note) is amended, in the matter before subpara-
graph (A), by striking ‘‘December 1, 2025’’ and inserting ‘‘December
1, 2030’’.
SEC. 253. QUARTERLY BRIEFINGS ON RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION LABORATORIES AND FACILITIES.
(a) REQUIRED BRIEFINGS.—Not later than 90 days after the
date of the of enactment of this Act, and every three months
for two years thereafter, the Director of Science, Technology, and
Test Resource Management of the Air Force shall provide to the
congressional defense committees a briefing on the challenges facing
Department of Defense research, development, test, and evaluation
laboratories and facilities. Such briefings shall address the chronic
institutional causes of underinvestment in such laboratories and
facilities and how to improve investment in the future.
(b) PARTICIPANTS.—The Director of Science, Technology, and
Test Resource Management may include representatives from the
Office of the Under Secretary of Defense for Research and
Engineering or a military department (as appropriate) in the
briefings required by this section.
(c) BRIEFING
ELEMENTS.—Each quarterly briefing should
address—
(1) the funding trends and internal processes that are
contributing to the underinvestment in such laboratories and
facilities;
(2) the overall conditions of research, development, test,
and evaluation infrastructure of the Department of Defense,
including maintenance backlogs and modernization needs;
(3) how such infrastructure investments are weighed
against other military construction requirements;
(4) the highest priority projects for research, development,
test, and evaluation infrastructure, a justification for such pri-
ority, and any progress made towards funding any such prior-
ities;
S. 1071—84
(5) options for improving the way such infrastructure is
funded and managed, including the potential for public-private
partnerships and public-public partnerships that could lessen
the need for funding under the categories of military construc-
tion or operation and maintenance;
(6) an overview of the current state of the workforce for
research, development, test, and evaluation, challenges in
attracting and retaining top technical talent for such workforce
and options for strengthening such workforce, including hiring
authorities and effective recruitment campaigns; and
(7) limitations of existing policies or statutes that support
the sustainment and modernization of research, development,
test, and evaluation infrastructure.
TITLE III—OPERATION AND
MAINTENANCE
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Inclusion of information about PFAS investigation and remediation in an-
nual report on defense environmental programs.
Sec. 312. Elimination of preference for motor vehicles using electric or hybrid pro-
pulsion systems and related requirements of the Department of Defense.
Sec. 313. Modification of availability and use of energy cost savings.
Sec. 314. Requirement to support National Guard training on wildfire prevention
and response.
Sec. 315. Modification of requirements relating to replacement of fluorinated aque-
ous film-forming foam.
Sec. 316. Modification to restriction on procurement or purchasing of personal pro-
tective equipment for firefighters containing perfluoroalkyl substances
or polyfluoroalkyl substances.
Sec. 317. Provision of alternative drinking water to households whose private
drinking water is contaminated with perfluorooctanesulfonic acid and
perfluorooctanoic acid substances from Department of Defense activities.
Sec. 318. Responsibilities of executive agent for installation and operational nuclear
energy.
Sec. 319. Establishment of Advanced Nuclear Transition Working Group.
Sec. 320. Department of Air Force program of record for commercial weather data.
Sec. 321. Pilot program on Navy installation nuclear energy.
Sec. 322. Strategy to accelerate remediation of contamination from perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 323. Notification requirement with respect to nuclear power in Guam.
Sec. 324. Authority to use certain technologies to destroy or dispose of
perfluoroalkyl or polyfluoroalkyl substances.
Subtitle C—Logistics and Sustainment
Sec. 331. Modification of readiness report to include summary count of certain mis-
haps.
Sec. 332. Authority to provide supplies incidental to support and services for eligi-
ble non-Department of Defense organizations.
Sec. 333. Extension of authorization of depot working capital funds for unspecified
minor military construction.
Sec. 334. Designation of senior officials responsible for integration of global con-
tested logistics posture management.
Sec. 335. Modification of prohibition on contracts for performance of firefighting or
security-guard functions.
Sec. 336. Responsibilities for oversight of certain defense personal property mat-
ters.
Sec. 337. Roles and responsibilities relating to sustainment and readiness of cer-
tain naval surface vessels.
Sec. 338. Strategy to improve infrastructure of certain depots of Department of De-
fense.
S. 1071—85
Sec. 339. Modification of report on improved oversight for implementation of Ship-
yard Infrastructure Optimization Program of the Navy.
Sec. 340. Extension and modification of semiannual briefings on operational status
of amphibious warship fleet.
Sec. 341. Maintenance inspection capabilities and requirements.
Sec. 342. Joint Strike Fighter sustainment.
Sec. 343. Depot-level maintenance coordination in multinational exercises.
Sec. 344. Proposed actions with respect to causes and effects of declining aircraft
readiness rates.
Sec. 345. Technology enhancement for surface ship maintenance.
Sec. 346. Oversight requirements for contracts relating to relocation logistics for
household goods.
Sec. 347. Integration of commercially available artificial intelligence capabilities
into logistics operations.
Sec. 348. Pilot program on Army depot and arsenal workload sustainment.
Sec. 349. Limitation on use of funds to establish or expand Space Force Special Op-
erations Component Command.
Sec. 350. Pilot program for data-enabled ground vehicle maintenance.
Sec. 351. Modernization of the organic industrial base of the Army.
Subtitle D—Matters Relating to Munitions
Sec. 361. Reporting requirements for Out-Year Unconstrained Total Munitions Re-
quirements and Out-Year inventory numbers.
Sec. 362. Inclusion of air and missile defense in Out-Year Unconstrained Total Mu-
nitions Requirement and Out-Year inventory numbers.
Sec. 363. Reports on munitions response projects at sites formerly used by the De-
partment of Defense.
Sec. 364. Report on critical munitions required for simultaneous conflicts.
Subtitle E—Other Matters
Sec. 371. Adjustment and diversification assistance for State and local governments
affected by depot reductions.
Sec. 372. Authority to evacuate family pets and contract working dogs during non-
combatant evacuations of foreign countries.
Sec. 373. Manned rotary wing aircraft safety.
Sec. 374. Establishment of Army museum system.
Sec. 375. Establishment of United States Navy Museum System.
Sec. 376. Establishment of Air Force and Space Force Museum System.
Sec. 377. Transportation of certain domestic animals by foreign air carriers.
Sec. 378. Minimum standards for military working dog kennels and facilities.
Sec. 379. Restroom access at military installations for certain transportation serv-
ice providers.
Sec. 380. Use of expeditionary solid waste disposal systems by Department of De-
fense.
Sec. 381. Pilot program for contracted amphibious air resources for the area of re-
sponsibility of the United States Indo-Pacific Command.
Sec. 382. Initiative to control spread of greater banded hornet in Guam.
Sec. 383. Reserve mobilization exercise to assess the capability of the Armed Forces
to respond to a high-intensity contingency in the Indo-Pacific region.
Sec. 384. Limitation on transformation by the Army of primary helicopter training
program at Fort Rucker, Alabama.
Subtitle A—Authorization of
Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2026 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.
S. 1071—86
Subtitle B—Energy and Environment
SEC. 311. INCLUSION OF INFORMATION ABOUT PFAS INVESTIGATION
AND REMEDIATION IN ANNUAL REPORT ON DEFENSE
ENVIRONMENTAL PROGRAMS.
Section 2711 of title 10, United States Code, is amended—
(1) in subsection (b)(1)(C)—
(A) by striking ‘‘sites; and’’ and inserting ‘‘sites,
including information on the costs associated with inves-
tigating
and
remediating
releases
of
per-
and
polyfluoroalkyl substances, including—’’; and
(B) by adding at the end the following new clauses:
‘‘(i) detailed information regarding the total poten-
tial cost to the Department of investigating and remedi-
ating such releases at all locations where investigation
and remediation is expected to be funded by the
Department; and
‘‘(ii) the cost-to-complete analysis required under
subsection (d); and’’ and
(2) by adding at the end the following new subsection:
‘‘(d) PFAS COST-TO-COMPLETE ANALYSIS.—The Secretary shall
carry out an annual cost-to-complete analysis with respect to the
most important contributors to the costs to the Department of
investigating and remediating per- and polyfluoroalkyl substances
releases that—
‘‘(1) includes—
‘‘(A) an assessment of any changes in regulatory stand-
ards, treatment technologies, and site prioritization that
could affect the cost to complete;
‘‘(B) examples of how modifying assumptions about
contamination extent, remediation timelines, or emerging
disposal methods could affect the cost to complete; and
‘‘(C) an identification of any funding shortfalls or other
constraints that could affect the investigation and remedi-
ation of such contamination; and
‘‘(2) incorporates a risk and uncertainty analysis with
respect to the effects of potential changes in the most important
contributors to the costs to the Department to complete the
known per- and polyfluoroalkyl substances sites, including—
‘‘(A) variability in the extent of such contamination
based on ongoing site assessments, inspections, and inves-
tigations;
‘‘(B) shifts in regulatory requirements that could alter
investigation and remediation strategies; and
‘‘(C) advances in technologies for the treatment and
disposal such contamination that could reduce or increase
long-term costs.’’.
SEC. 312. ELIMINATION OF PREFERENCE FOR MOTOR VEHICLES USING
ELECTRIC
OR
HYBRID
PROPULSION
SYSTEMS
AND
RELATED REQUIREMENTS OF THE DEPARTMENT OF
DEFENSE.
Chapter 173 of title 10, United States Code, is amended—
(1) in section 2911(e)—
(A) by striking paragraph (4);
S. 1071—87
(B) by redesignating paragraphs (5) through (9) as
paragraphs (4) through (8), respectively;
(C) by striking paragraph (10); and
(D) by redesignating paragraphs (11) through (15) as
paragraphs (9) through (13), respectively; and
(2) in section 2922g(a), by striking ‘‘shall’’ and inserting
‘‘may’’.
SEC. 313. MODIFICATION OF AVAILABILITY AND USE OF ENERGY COST
SAVINGS.
Section 2912 of title 10, United States Code, is amended—
(1) in subsection (c)—
(A) by striking ‘‘The amount’’ and inserting ‘‘(1) The
amount’’;
(B) by striking ‘‘additional operational energy’’ and all
that follows through the period at the end and inserting
‘‘operational energy initiatives.’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) The Secretary of Defense shall design operational energy
initiatives under paragraph (1) to advance the objectives of the
Department in the areas of energy resilience and fuel efficiency.
‘‘(3) Operational energy initiatives carried out under paragraph
(1) may directly contribute to enhanced mission and combat
capabilities, fund operational environment training activities, or
establish programs to incentivize demonstrable reductions in energy
expenditures within the department, agency, or instrumentality
credited with achieving the energy cost savings under subsection
(a).’’;
(2) in subsection (e)(1), by striking ‘‘The Secretary of
Defense may transfer amounts described in subsection (a) that
remain available for obligation’’ and inserting ‘‘Not later than
60 days after being notified of amounts described in subsection
(a) that remain available for obligation, the Secretary of Defense
shall transfer such amounts’’; and
(3) by adding at the end the following new subsection:
‘‘(f) OPERATIONAL ENERGY COST SAVINGS DEFINED.—In this sec-
tion, the term ‘operational energy cost savings’ means the monetary
savings achieved through measures to reduce energy expenditures
relative to the amount that would have been necessary to sustain
an equivalent level of capability in the absence of such measures.’’.
SEC. 314. REQUIREMENT TO SUPPORT NATIONAL GUARD TRAINING
ON WILDFIRE PREVENTION AND RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 32 U.S.C. 501 note) is amended,
in the matter preceding paragraph (1), by striking ‘‘may’’ and
inserting ‘‘shall’’.
SEC. 315. MODIFICATION OF REQUIREMENTS RELATING TO REPLACE-
MENT OF FLUORINATED AQUEOUS FILM-FORMING FOAM.
Section 322 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 10 U.S.C. 2661 note prec.) is
amended—
(1) in subsection (b)—
(A) by striking ‘‘October 1, 2023’’ and inserting ‘‘October
1, 2026’’; and
(B) by striking ‘‘in excess of one part per billion of’’
and inserting ‘‘detectable’’;
S. 1071—88
(2) in subsection (c)—
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(B) by striking ‘‘may not be used at any military
installation on or after the earlier of the following dates’’
and inserting ‘‘may not be used at the following:’’
‘‘(1) Any military installation that, as of the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2026, has transitioned to the use of a fluorine-free fire-
fighting agent that meets the military specifications issued
pursuant to subsection (a).
‘‘(2) Any other military installation on or after the earlier
of the following dates:’’; and
(C) in subparagraph (A), as redesignated by subpara-
graph (A) of this paragraph, by striking ‘‘October 1, 2024’’
and inserting ‘‘October 1, 2026’’;
(3) by amending subsection (d) to read as follows:
‘‘(d) EXEMPTIONS.—Subsections (b) and (c) shall not apply to
firefighting foam for use—
‘‘(1) onboard oceangoing vessels, including use in pier-side
inspection, testing, and maintenance;
‘‘(2) that is necessary to conduct testing to meet military
specification qualification requirements and ensure quality
standards of the inventory of the Department;
‘‘(3) in connection with the research, development, test,
and evaluation of a fluorine-free fire-fighting agent;
‘‘(4) on naval nuclear submarine propulsion plants; or
‘‘(5) in any tactical vehicle, or equipment, that is incompat-
ible with fluorine-free fire-fighting agents.’’; and
(4) in subsection (e)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘the limitation under subsection (b) or’’ before
‘‘the prohibition’’; and
(ii) in subparagraph (B)—
(I) in clause (ii), by inserting ‘‘or to maintain
military readiness’’ after ‘‘safety’’;
(II) by striking clause (iii) and redesignating
clauses (iv) and (v) as clauses (iii) and (iv), respec-
tively; and
(III) in clause (iii), as so redesignated, by
striking ‘‘and does not require revision’’; and
(B) in paragraph (2)(C), by striking ‘‘Secretary of
Defense’’ and inserting ‘‘Under Secretary of Defense for
Acquisition and Sustainment’’.
SEC. 316. MODIFICATION TO RESTRICTION ON PROCUREMENT OR PUR-
CHASING OF PERSONAL PROTECTIVE EQUIPMENT FOR
FIREFIGHTERS
CONTAINING
PERFLUOROALKYL
SUB-
STANCES OR POLYFLUOROALKYL SUBSTANCES.
Section 345 of the James M. Inhofe National Defense Authoriza-
tion Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C.
3201 note prec.) is amended—
(1) in subsection (a), by striking ‘‘if such equipment contains
an
intentionally
added
perfluoroalkyl
substance
or
polyfluoroalkyl substance’’ and inserting ‘‘unless such equip-
ment meets the specifications set forth in the most recently
S. 1071—89
published edition of the National Fire Protection Associate 1970
standard, including by not containing any substance on the
restricted substances list in excess of the maximum acceptable
levels of such substance’’; and
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘does not contain
intentionally
added
perfluoroalkyl
substances
or
polyfluoroalkyl substances’’ and inserting ‘‘meets the speci-
fications set forth in the most recently published edition
of the National Fire Protection Associate 1970 standard,
including by not containing any substance on the restricted
substances list in excess of the maximum acceptable levels
of such substance’’; and
(B) in paragraph (2), by striking ‘‘does not contain
intentionally
added
perfluoroalkyl
substances
or
polyfluoroalkyl substances’’ and inserting ‘‘meets the speci-
fications set forth in the most recently published edition
of the National Fire Protection Associate 1970 standard,
including by not containing any substance on the restricted
substances list in excess of the maximum acceptable levels
of such substance,’’.
SEC. 317. PROVISION OF ALTERNATIVE DRINKING WATER TO HOUSE-
HOLDS WHOSE PRIVATE DRINKING WATER IS CONTAMI-
NATED WITH PERFLUOROOCTANESULFONIC ACID AND
PERFLUOROOCTANOIC ACID SUBSTANCES FROM DEPART-
MENT OF DEFENSE ACTIVITIES.
(a) IN GENERAL.—Subject to subsections (b) and (c), on and
after the date of the enactment of this Act, the Secretary of Defense
shall offer alternative drinking water to a household if—
(1) the household is downgradient from a military installa-
tion;
(2) the household receives water from one or more private
drinking water wells where contamination from detections of
perfluorooctanesulfonic acid and perfluorooctanoic acid sub-
stances resulting solely from activities of the Department of
Defense, as determined by the Secretary, carried out at such
military installation has, at one point in time, exceeded the
maximum contaminant level for such substances established
by the Environmental Protection Agency; and
(3) as of the date of the enactment of this Act, another
household located in the same community was eligible for alter-
native drinking water provided by the Secretary by reason
of contamination from detections of perfluorooctanesulfonic acid
and perfluorooctanoic acid substances resulting from activities
of the Department carried out at the same military installation.
(b) COORDINATION WITH OTHER AUTHORITIES.—The Secretary
of Defense shall carry out this section in a manner that is consistent
with the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the authorities
of the Secretary under environmental law, including by prioritizing
and coordinating the efforts of the Secretary under subsection (a)
with other efforts to address releases of perfluorooctanesulfonic
acid and perfluorooctanoic acid.
(c) EXCEPTION.—The Secretary is not required to offer or provide
alternative drinking water to a household under subsection (a)
if—
S. 1071—90
(1) the household is part of a community, as determined
by the Secretary, where all the households in the community
that have been affected by contamination from detections of
perfluorooctanesulfonic acid and perfluorooctanoic acid sub-
stances resulting from activities of the Department have been
connected to a municipal drinking water distribution system;
or
(2) the Secretary has otherwise taken action under the
Comprehensive, Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) to reduce drinking
water exposures, including by meeting the relevant Federal
or State drinking water standards for perfluorooctanesulfonic
acid and perfluorooctanoic acid substances.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘alternative drinking water’’ includes—
(A) provision of bottled water;
(B) connection to public water systems for members
of the public using private wells; and
(C) provision of filtration systems for private resi-
dences.
(2) The term ‘‘Federal drinking water standard’’ means
an enforceable Federal standard for drinking water, as
described in section 121(d)(2)(A)(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9621(d)(2)(A)(i)).
(3) The terms ‘‘maximum contaminant level’’ and ‘‘public
water system’’ have the meanings given those terms in section
1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
(4) The term ‘‘private drinking water well’’ means a
drinking water well that is not a public water system and
is not connected to a public water system.
(5) The term ‘‘State drinking water standard’’ means an
enforceable State standard, in effect in that State, for drinking
water, as described in section 121(d)(2)(A)(ii) of the Comprehen-
sive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
SEC. 318. RESPONSIBILITIES OF EXECUTIVE AGENT FOR INSTALLA-
TION AND OPERATIONAL NUCLEAR ENERGY.
(a) EXECUTIVE AGENT.—The Secretary of Defense, in coordina-
tion with the Secretary of the Army, the Under Secretary of Defense
for Acquisition and Sustainment, the Under Secretary of Defense
for Research and Engineering, and the Director of the Strategic
Capabilities Office of the Department of Defense, shall ensure that,
not later than one year after the date of the enactment of this
Act, there is designated an executive agent of the Department
of Defense for installation and operational nuclear energy.
(b) RESPONSIBILITIES.—The responsibilities of the executive
agent specified in subsection (a) shall include the following:
(1) In coordination with the commanders of the combatant
commands and the Joint Chiefs of Staff, assessing installation
and operational nuclear energy needs.
(2) Consulting with project developers and other experts
from the commercial nuclear industry, potential private owners
and operators of nuclear reactors to be deployed at military
installations, and other persons determined appropriate by the
executive agent, to assess the technological capabilities,
S. 1071—91
development status, costs, timelines, risks, and potential need
for design evolution of nuclear reactors to meet the needs
of the Department of Defense referred to paragraph (1).
(3) In coordination with the Secretary of Energy, the Secre-
taries of the military departments, and the Nuclear Regulatory
Commission, assessing the technology readiness, licensability,
deployability, operability, and maintainability of nuclear reac-
tors with respect to potential deployment at military installa-
tions.
(4) In coordination with the Secretary of Defense and the
Secretaries of the military departments, integrating technical
and project resources across the Department of Defense for
the use of nuclear reactors to meet the needs of the Department
of Defense referred to in paragraph (1), including by developing
a plan to aggregate the demand for, and the acquisition and
deployment of, nuclear reactors across military installations
and military departments.
(5) In coordination with the Secretary of Energy and the
Nuclear Regulatory Commission—
(A) evaluating the regulatory framework and other
requirements applicable to the use of nuclear reactors to
meet such needs; and
(B) establishing training programs and plans relating
to the acquisition and operation of nuclear reactors to
meet such needs.
(6) Identifying the timelines and resource requirements
necessary for the acquisition and operation of nuclear reactors
to meet such needs, including—
(A) any support necessary from the national labora-
tories of the Department of Energy; and
(B) any funding necessary to carry out interim pilot
programs for the limited deployment of nuclear reactors
until such timelines and resource requirements are met.
(7) Including resource requirements identified pursuant to
paragraph (6), and any other resource requirements necessary
to carry out this subsection, in applicable planning, program-
ming, budgeting, and execution processes of the Department
of Defense, including by preparing, as applicable—
(A) a program objective memorandum for any new
resource so required; and
(B) a budget justification for any new resource so
required for inclusion in the budget materials submitted
by the Secretary of Defense to Congress in support of
the President’s annual budget request (submitted to Con-
gress pursuant to section 1105 of title 31, United States
Code).
(8) Providing technical support for programs of the military
departments relating to the deployment of nuclear reactors
for installation energy resilience.
(c) ANNUAL REPORTS.—Not later than September 30, 2026,
and annually thereafter for a period of five years, the executive
agent specified in subsection (a) shall submit to the Secretary
of Defense and the congressional defense committees a report
describing the actions taken to implement this section during the
one-year period ending on the date of the submission of such report.
(d) PLAN FOR PROGRAM OF RECORD.—
S. 1071—92
(1) SUBMISSION.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the executive agent specified in subsection
(a), shall submit to the congressional defense committees a
plan to establish a program of record of the Department of
Defense to meet installation and operational nuclear energy
needs.
(2) ELEMENTS.—The plan under paragraph (1) shall include
the following:
(A) An identification of requirements necessary for the
establishment of the program of record specified in such
paragraph.
(B) A budget estimate for such program of record
through 2030 or through the conclusion of the five-year
period following the first date on which a nuclear reactor
is deployed at a military installation, whichever is later.
(C) A summary of actions taken to implement the
responsibilities under subsection (b) and information
derived as a result of such actions.
(D) Use cases for nuclear reactors, developed in
coordination with the commanders of combatant commands
with
respect
to
installation
and
operational
needs
(including needs relating to the electrification of operational
energy, elimination of fuel supply vulnerabilities, military
installation resilience, sustainment of military installa-
tions,
enablement
of
multi-domain
operations,
and
advanced weaponry).
(E) An identification of the minimum potential number
of military installations at which nuclear reactors would
be necessary to deploy in order to establish a cost-effective
program, and projected dates by which such nuclear reac-
tors would achieve initial operational capability.
(F) An estimate of fuel requirements necessary to sup-
port the deployment of various models of nuclear reactors
at military installations, to inform future acquisition plan-
ning.
(e) COMPLIANCE WITH APPLICABLE DIRECTIVE.—The Secretary
shall carry out this section in compliance with Directive 5101.01.
(f) SUPPORT WITHIN DEPARTMENT OF DEFENSE.—In accordance
with Directive 5101.01, the Secretary shall ensure that the military
departments, the Defense Agencies, and other elements of the
Department of Defense provide the executive agent specified in
subsection (a) with the appropriate support and resources needed
to perform the roles, responsibilities, and authorities of the execu-
tive agent.
(g) DEFINITIONS.—In this section—
(1) The term ‘‘Directive 5101.01’’ means Department of
Defense Directive 5101.01, or any successor directive relating
to the responsibilities of an executive agent of the Department
of Defense.
(2) The terms ‘‘energy resilience’’ and ‘‘military installation
resilience’’ have the meanings given those terms in section
101 of title 10, United States Code.
(3) The term ‘‘executive agent’’ has the meaning given
the term ‘‘DoD Executive Agent’’ in Directive 5101.01.
(4) The term ‘‘installation and operational nuclear energy’’
means energy that is—
S. 1071—93
(A) generated by a utilization facility authorized pursu-
ant to section 91b. of the Atomic Energy Act of 1954 (42
U.S.C. 2121(b)); and
(B) used exclusively for the purposes of providing—
(i) operational energy (as such term is defined
in section 2924 of title 10, United States Code); or
(ii) the energy required for a military installation
(as such term is defined in section 2801 of title 10,
United States Code).
SEC. 319. ESTABLISHMENT OF ADVANCED NUCLEAR TRANSITION
WORKING GROUP.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall establish
an Advanced Nuclear Transition Working Group (referred to in
this section as the ‘‘working group’’).
(b) MEMBERSHIP.—The Working Group shall be composed of
the following members:
(1) The Assistant Secretary of Defense for Energy, Installa-
tions, and Environment.
(2) The Assistant Secretary of the Army for Installations,
Energy, and Environment.
(3) The Assistant Secretary of the Navy for Energy,
Installations, and Environment.
(4) The Assistant Secretary of the Air Force for Energy,
Installations, and Environment.
(5) The Joint Staff Director for Logistics, J4.
(6) The Principal Director for Energy Resilience of the
Office of the Under Secretary of Defense for Research and
Engineering.
(7) The Director of the Strategic Capabilities Office.
(8) The Director of the Defense Innovation Unit.
(9) The heads of such other components of the Department
of Defense, as determined by the Chair.
(c) CHAIR.—The Assistant Secretary of Defense for Nuclear
Deterrence, Chemical, and Biological Defense Policy and Programs,
or a designee, shall serve as the Chair of the Working Group.
(d) DUTIES.—The duties of the Working Group shall include
the following:
(1) To develop and execute a strategy to accelerate the
procurement and fielding of commercial advanced nuclear
capabilities, in compliance with laws, regulations, and agree-
ments, and consistent with best practices.
(2) To identify and elevate the critical energy requirements
of the combatant commands, United States military installa-
tions, and the infrastructure and mission capability needs of
the combatant commands and military installations that may
be addressed with advanced nuclear reactors.
(3) To connect the combatant commands and military
installations with ongoing and planned efforts.
(4) To create an accelerated pathway to leverage advanced
nuclear technologies to address operational gaps.
(5) To provide a forum for members of the Working Group
to coordinate advanced nuclear demonstration and transition
efforts, including by increasing opportunities and venues for
government and commercial research and development, testing
and evaluation, and procurement activities.
S. 1071—94
(6) To advocate for appropriate levels of resourcing within
planning, programming, budgeting, and execution processes to
advance the development and use of nuclear energy technologies
across the Department of Defense.
(7) To coordinate interagency activities and develop best
practices on workforce development, regulatory pathways,
licensing frameworks, access to fuel sources, safety and security
standards, and decommissioning that currently hinder more
rapid fielding of advanced nuclear reactors.
(8) To establish venues through which to engage commer-
cial companies developing advanced reactors so as to review
the technology readiness, timeline, and availability of reactor
capabilities for defense applications.
(9) To inform and complete the briefings and reports
required in subsection (f).
(e) MEETINGS.—The Working Group shall meet at the call of
the Chair and not less frequently than once per quarter.
(f) REPORT.—
(1) IN GENERAL.—Not later than September 30, 2026, and
annually thereafter until 2029, the Chair shall submit to the
appropriate congressional committees a report describing the
status of advanced nuclear projects, associated funding and
requirements, planned program transitions, actions, and mile-
stones of the Working Group, and other matters as determined
by the Secretary of Defense and the Working Group during
the preceding year.
(2) CONTENTS.—Each report required by paragraph (1) shall
include the following:
(A) A summary on the adequacy of existing energy
storage and distribution systems to meet mission require-
ments in a contested or austere operating environment.
(B) An identification of the critical energy requirements
of the combatant commands, United States military
installations, and the infrastructure and weapons capabili-
ties needs of the combatant commands and military
installations that may be addressed with the use of micro-
reactors or small modular reactors, including through
expeditionary, transportable, stationary, space-based, or
floating power plants.
(C) A list of prioritized potential use cases, including—
(i) base electric power;
(ii) power for operational systems in austere
environments;
(iii) desalination or other water production sys-
tems;
(iv) synthetic fuel production;
(v) directed energy weapons;
(vi) artificial intelligence at the edge;
(vii) defense support of civil authorities;
(viii) humanitarian response; and
(ix) 3D/additive manufacturing.
(D) Recommendations for at least three pilot projects.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this sec-
tion, the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Armed Services of the Senate;
and
S. 1071—95
(B) the Committee on Armed Services of the House
of Representatives.
(g) TERMINATION.—The Working Group shall terminate on Sep-
tember 30, 2029.
SEC. 320. DEPARTMENT OF AIR FORCE PROGRAM OF RECORD FOR
COMMERCIAL WEATHER DATA.
(a) ESTABLISHMENT.—Not later than September 30, 2027, the
Secretary of the Air Force shall establish a program of record
of the Department of the Air Force to—
(1) acquire and use non-space based commercial weather
data to—
(A) support operational weather forecasting; and
(B) enhance mission planning and execution in data-
sparse and contested environments; and
(2) integrate such commercial weather data and related
systems into meteorological and decision support frameworks
of the Air Force.
(b) SUBMISSION TO CONGRESS.—Not later than March 1, 2026,
the Secretary of the Air Force shall submit to the congressional
defense committees, with respect to the program of record to be
established under subsection (a), the following:
(1) A transition plan for the adoption of such program
of record, including projected costs and funding requirements
over the period covered by the program objective memorandum
process for fiscal years 2027 through 2031.
(2) An acquisition strategy for such program of record,
including an outline of potential middle tier of acquisition path-
ways or major capability acquisition pathways (as such term
is defined in Department of Defense Instruction 5000.85, titled
‘‘Major Capability Acquisition’’ and issued on August 6, 2020
(or successor instruction)).
(3) A budget justification for inclusion of such program
of record in the budget materials submitted by the Secretary
of Defense to Congress in support of the President’s annual
budget request (submitted to Congress pursuant to section 1105
of title 31, United States Code) for fiscal year 2027, to secure
sustained funding.
SEC. 321. PILOT PROGRAM ON NAVY INSTALLATION NUCLEAR ENERGY.
(a) PILOT PROGRAM REQUIRED.—Beginning not later than one
year after the date of the enactment of this Act, the Assistant
Secretary of the Navy for Energy, Installations, and Environment
shall initiate a ten-year pilot program at one or more naval installa-
tions for the purpose of determining how small modular reactors
or mobile reactors could be used—
(1) to meet the installation energy needs of the Department
of the Navy during the ten-year period beginning on the date
of the enactment of this Act; and
(2) to inform the development of concepts for the use of
nuclear power facilities to support increased energy security
for Navy and Marine Corps installations.
(b) CONSIDERATIONS.—
(1) SELECTION
OF
INSTALLATIONS.—In selecting naval
installations for the pilot program required by subsection (a),
the Assistant Secretary of the Navy for Energy, Installations,
and Environment shall consider whether an installation—
S. 1071—96
(A) has entered into, as of the date of the enactment
of this Act, a memorandum of agreement with a private
power provider or reactor technology vendor to explore
the use of a small modular reactor or mobile reactor
designed for standardized and scaleable production for
installation energy requirements;
(B) contributes support to naval operations and readi-
ness; and
(C) could be co-located with a data center.
(2) SELECTION OF REACTORS.—In selecting nuclear reactors
for use in the pilot program required under subsection (a),
the Assistant Secretary shall consider—
(A) the type of fuel for advanced nuclear power produc-
tion, with a preference for fuel that is resistant to high
heat, such as tri-structural isotropic particle fuel;
(B) the capacity of the reactor, including that the
needed capacity of the reactor is in the range of 20MW
to 300MW; and
(C) whether the reactor includes a passive cooling
system to ensure operational safety and sustainability.
(c) PROGRAM REQUIREMENTS.—In carrying out the pilot program
required by subsection (a), the Assistant Secretary of the Navy
for Energy, Installations, and Environment shall—
(1) assess and make recommendations regarding how to
make available the facilities of a Navy or Marine Corps program
selected for participation in the pilot program;
(2) ensure that the program includes a plan for refueling
and end-of-life waste stream management;
(3) ensure that any reactor used in the program is resilient
to grid interruption; and
(4) coordinate with the working group established by sec-
tion 319 and the executive agent established by section 318
with respect to timing, sequencing of projects, and locations
and to prevent duplication and conflicts between the pilot pro-
gram and other pilot programs and nuclear initiatives of the
Department of Defense.
(d) CONTRACTS.—The pilot program does not require the Sec-
retary of the Navy to enter into any new contract, including an
energy savings performance contract.
(e) REPORTING REQUIREMENTS.—
(1) ANNUAL
REPORT.—Not later than 30 days after the
date of the initiation of the pilot program under subsection
(a), the Secretary of the Navy shall submit to the congressional
defense committees a report that includes each of the following:
(A) A five-year funding plan for all Navy nuclear shore
and installation power programs for the Navy, including
nuclear efforts provided for in the context of the Navy
Shore Energy Program and any identified funding short-
falls.
(B) An identification of authorities required and
remaining barriers to the provision of nuclear power from
a military installation to civilian energy grids.
(C) A review of lessons learned from related efforts
conducted by the other military departments, the Defense
Innovation Unit, and any other entities the Secretary con-
siders relevant.
S. 1071—97
(D) An analysis of efforts taken by the Navy to use
nuclear power on Navy installations to support data center
power demands.
(E) Any other details the Secretary of the Navy con-
siders relevant.
(2) FINAL REPORT.—Upon conclusion of the pilot program,
the Secretary of the Navy shall submit to the congressional
defense committees a report that includes, or include in the
report required under section 2925 of title 10, United States
Code, for the fiscal year during which the pilot program con-
cludes, each of the following:
(A) An identification of the funding that would be
required to convert the pilot program to a program of
record.
(B) An identification of all available funding provided
in the budget of the Navy for the fiscal year during which
the report is submitted for nuclear power at Navy and
Marine Corps installations.
(C) A list of all installations where the Secretary is
considering the future use of nuclear power.
(f) EARLY TERMINATION.—The Secretary of the Navy may termi-
nate the pilot program before the expiration of the ten-year period
referred to in subsection (a) if the Secretary provides notice of
such early termination to the congressional defense committees.
SEC. 322. STRATEGY TO ACCELERATE REMEDIATION OF CONTAMINA-
TION
FROM
PERFLUOROALKYL
SUBSTANCES
AND
POLYFLUOROALKYL SUBSTANCES.
(a) STRATEGY.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a strategy to accelerate the
response efforts of the Department of Defense with respect to
releases of perfluoroalkyl substances or polyfluoroalkyl substances
from the activities of the Department. Consistent with CERCLA,
the strategy shall include—
(1) criteria that the Department uses to prioritize response
actions on military installations and National Guard facilities
based on relative risk to human health and the environment,
including concentrations of releases of perfluoroalkyl substances
or polyfluoroalkyl substances, migration pathways, and prox-
imity to receptors;
(2) timelines for completing each phase of the cleanup
process under CERCLA with respect to such releases for each
such military installation or National Guard facility;
(3) a plan for deploying additional technologies, personnel,
or other resources to reduce delays to remediation efforts,
including an identification of—
(A) the number of laboratories accredited by the
environmental laboratory accreditation program of the
Department to test for the presence of perfluoroalkyl sub-
stances and polyfluoroalkyl substances; and
(B) the number of laboratories in the process of being
so accredited; and
(4) benchmarks for evaluating the performance of each
military department or Defense Agency in reducing the relative
risk with respect to response efforts to address releases of
perfluoroalkyl substances and polyfluoroalkyl substances.
S. 1071—98
(b) PUBLIC DASHBOARD.—Not later than one year after the
date of the enactment of this Act, the Secretary shall publish
on a publicly accessible website of the Department, an online dash-
board that provides information on the actions of the Department,
including each military department, addressing releases of
perfluoroalkyl substances and polyfluoroalkyl substances from
activities of the Department. The dashboard shall be updated on
a semiannual basis and shall include a summary of—
(1) funding that has been obligated or expended address
such releases, dissagregated by each military installation or
National Guard facility with respect to which efforts are
planned or underway;
(2) the status of response efforts to address such releases
under the applicable phase of the cleanup process under
CERCLA, including the status of any interim removal actions,
at each such site;
(3) projected and actual timelines for the completion of
response actions with respect to such releases at each such
site; and
(4) points of contact for community engagement.
(c) DEFINITIONS.—In this section:
(1) The terms ‘‘CERCLA’’, ‘‘National Guard facility’’,
‘‘removal’’, and ‘‘response’’ have the meanings given those terms
in section 2700 of title 10, United States Code.
(2) The term ‘‘Defense Agency’’ has the meaning given
such term in section 101(a) of title 10, United States Code.
SEC. 323. NOTIFICATION REQUIREMENT WITH RESPECT TO NUCLEAR
POWER IN GUAM.
(a) NOTIFICATION.—Except as provided in subsection (b), the
Secretary of Defense shall, not later than one year before any
date on which the Secretary carries out the placement of a perma-
nent nuclear reactor in Guam, submit to Congress and the Governor
of Guam a notification of such placement.
(b) EXCEPTION.—Subsection (a) shall not apply to a nuclear
reactor aboard a naval vessel.
(c) NUCLEAR REACTOR DEFINED.—In this section, the term
‘‘nuclear reactor’’ has the meaning given the term ‘‘advanced nuclear
reactor’’ in section 951 of the Energy Policy Act of 2005 (42 U.S.C.
16271).
SEC. 324. AUTHORITY TO USE CERTAIN TECHNOLOGIES TO DESTROY
OR
DISPOSE
OF
PERFLUOROALKYL
OR
POLYFLUOROALKYL SUBSTANCES.
(a) AUTHORITY.—The Secretary of Defense may use technologies
for the destruction or disposal of a perfluoroalkyl or polyfluoroalkyl
substance that—
(1) are cost effective; and
(2) are permitted or otherwise approved by a Federal or
State agency that regulates the destruction or disposal of such
a substance.
(b) GUIDANCE.—The Secretary shall—
(1) issue guidance implementing the authority under sub-
section (a), including by setting forth technologies that the
Secretary determines meet the criteria specified in paragraphs
(1) and (2) of such subsection; and
(2) periodically review and revise such guidance, taking
into account the development of new technologies.
S. 1071—99
Subtitle C—Logistics and Sustainment
SEC. 331. MODIFICATION OF READINESS REPORT TO INCLUDE SUM-
MARY COUNT OF CERTAIN MISHAPS.
Section 482(b)(8) of title 10, United States Code, is amended
by striking ‘‘Class A, Class B, and Class C mishaps’’ and inserting
‘‘Class A and Class B mishaps, and a summary count of all Class
C mishaps,’’.
SEC. 332. AUTHORITY TO PROVIDE SUPPLIES INCIDENTAL TO SUP-
PORT AND SERVICES FOR ELIGIBLE NON-DEPARTMENT OF
DEFENSE ORGANIZATIONS.
Section 2012(a) of title 10, United States Code, is amended
by inserting ‘‘, including supplies incidental to such support and
services,’’ after ‘‘and services’’.
SEC. 333. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAP-
ITAL
FUNDS
FOR
UNSPECIFIED
MINOR
MILITARY
CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is amended
by striking ‘‘September 30, 2025’’ and inserting ‘‘September 30,
2027’’.
SEC. 334. DESIGNATION OF SENIOR OFFICIALS RESPONSIBLE FOR
INTEGRATION OF GLOBAL CONTESTED LOGISTICS POS-
TURE MANAGEMENT.
(a) DESIGNATION
OF
SENIOR
MILITARY
DEPARTMENT
OFFI-
CIALS.—Chapter 131 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 2229b. Responsibility for contested logistics posture
management
‘‘(a) IN GENERAL.—The Deputy Secretary of Defense, the Vice
Chair of the Joint Chiefs of Staff, and the Commander of the
United States Transportation Command shall be responsible for
the integration of global contested logistics posture management.
Such responsibilities shall include each of the following:
‘‘(1) Identifying vulnerabilities and risks across the Depart-
ment of Defense enterprise for the core logistics capabilities
of supply, maintenance operations, prepositioned stocks, deploy-
ment and distribution, health services support, engineering,
logistics services, and operational service contracts.
‘‘(2) Developing and executing a strategy to mitigate the
vulnerabilities and risks identified under paragraph (1).
‘‘(3) Integrating and deconflicting global contested logistics
posture investment and management across the military
departments, including with respect to—
‘‘(A) the locations of sites outside the continental
United States at which stocks of supplies and equipment
are stored as well as the composition of those stocks;
‘‘(B) the provision of adequate intra-theater sea and
air capability to move material and personnel throughout
the theater; and
‘‘(C) the monitoring and coordination of resourcing
decisions by the military departments in support of oper-
ational plans and contingencies.
S. 1071—100
‘‘(b) DEPUTY MANAGEMENT ACTION GROUP MEETINGS.—In car-
rying out the responsibilities under subsection (a)(1) and (2), the
Deputy Secretary of Defense and the Vice Chair of the Joint Chiefs
of Staff shall co-chair at least two Deputy Management Action
Group meetings each year, which shall be focused on contested
logistics management and investment.
‘‘(c) CONTESTED LOGISTICS POSTURE STRATEGY.—(1) The Deputy
Secretary of Defense, the Vice Chair of the Joint Chiefs of Staff,
and the Commander of the United States Transportation Command,
in coordination with any other Department official identified by
the Secretary, shall develop and implement a strategy for carrying
out the responsibilities described in subsection (a).
‘‘(2) The strategy required under paragraph (1) shall include
each of the following:
‘‘(A) A description of—
‘‘(i) the locations of sites outside the continental United
States at which stocks of supplies and equipment are
prepositioned as of the date of the strategy;
‘‘(ii) the status and disposition of such prepositioned
stocks; and
‘‘(iii) the operational or contingency plan such stocks
are intended to support.
‘‘(B) An identification of—
‘‘(i) any shortcomings associated with the sites and
prepositioned stocks described in subparagraph (A) that
must be addressed to optimally execute operational and
contingency plans; and
‘‘(ii) any additional sites, infrastructure, or equipment
that may be needed to address such shortcomings and
support such plans.
‘‘(C) A description of any additional funding or other
resources required—
‘‘(i) to address the shortcomings identified under
subparagraph (B)(i); and
‘‘(ii) to provide for the additional sites, infrastructure,
and equipment identified under subparagraph (B)(ii).
‘‘(D) A prioritized list of investment recommendations for
each item described in subparagraph (C).
‘‘(E) An identification of each case in which the military
department concerned lacks the authority or ability to access
a location outside the United States for purposes of providing
logistics support as required under operational and contingency
plans, set forth separately by location.
‘‘(F) An assessment of any existing and projected threats
to sites outside the continental United States that are expected
to support such operational and contingency plans.
‘‘(3) The strategy required under paragraph (1) shall cover
the period of two years following the date of the strategy and
shall be updated on an biennial basis.
‘‘(d) QUARTERLY BRIEFINGS.—Not later than 180 days after
the date of the enactment of this section, and quarterly thereafter
until December 31, 2031, the Deputy Secretary of Defense, the
Vice Chair of the Joint Chiefs of Staff, and the Commander of
the United States Transportation Command, or their representa-
tives, shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the execution
of the responsibilities under subsection (a)(1) and (2), including
S. 1071—101
updates on the development and implementation of the strategy
required under subsection (c).
‘‘(e) BUDGET
JUSTIFICATION
MATERIALS.—The Secretary of
Defense shall include in the budget justification materials submitted
to Congress in support of the budget of the President for a fiscal
year pursuant to section 1105(a) of title 31, United States Code,
a cumulative accounting of contested logistics investments rep-
resented in such budget and how such investments relate to the
duties and responsibilities under subsection (a)(1) and (2).’’.
(b) DEADLINE.—The development of the strategy required under
subsection (c) of section 2229b of title 10, United States Code,
as added by subsection (a), shall be completed by not later than
January 31, 2027.
SEC. 335. MODIFICATION OF PROHIBITION ON CONTRACTS FOR
PERFORMANCE OF FIREFIGHTING OR SECURITY-GUARD
FUNCTIONS.
Section 2465(b)(4) of title 10, United States Code, is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘for the performance of firefighting functions if the contract’’
and inserting ‘‘that’’;
(2) in subparagraph (B)—
(A) by striking ‘‘only’’;
(B) by striking ‘‘firefighting’’; and
(C) by striking ‘‘by reason of a deployment’’.
SEC. 336. RESPONSIBILITIES FOR OVERSIGHT OF CERTAIN DEFENSE
PERSONAL PROPERTY MATTERS.
(a) ESTABLISHMENT.—Chapter 157 of title 10, United States
Code, is amended by inserting after section 2636a the following
new section:
‘‘§ 2636b. Responsibilities for oversight of personal property
transportation
‘‘(a) RESPONSIBILITIES.—Subject to subsection (b), not later than
one year after the date of the enactment of this section, the Sec-
retary of Defense shall assign to a single office or other organiza-
tional element within the Department of Defense the following
responsibilities:
‘‘(1) Overseeing the activities and personnel of, and any
other matter relating to, the following:
‘‘(A) Any office or other organizational element of a
military department responsible for shipping baggage or
household effects, scheduling or processing orders for such
shipments, providing storage services for such baggage or
household effects, or providing privately owned vehicle
transportation services in connection with a permanent
change of station, on behalf of members of the armed
forces, including any personal property shipping office, joint
or consolidated personal property shipping office, or per-
sonal property processing office of such military depart-
ment.
‘‘(B) The Defense Personal Property Management
Office, or any such successor office.
‘‘(2) Overseeing the adjudication of any claim filed with
respect to the defense personal property program (including
the adjudication of such claims under section 2636(a) of this
S. 1071—102
title or section 3721 of title 31) and any other matter relating
to such program.
‘‘(b) EXCLUSION.—The responsibilities under subsection (a) may
not be assigned to any combatant command or component thereof.
‘‘(c) DEFENSE PERSONAL PROPERTY PROGRAM DEFINED.—In this
section, the term ‘defense personal property program’ means the
program of the Department of Defense for managing the shipment
of the baggage and household effects for members of the armed
forces or civilian employees of the Department, or any such suc-
cessor program.’’.
(b) 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 House of Representatives
and the Senate a briefing on the plan and timeline for the
implementation of section 2636b of title 10, United States Code,
as added by subsection (a). Such briefing shall include—
(1) an identification of the office or other organizational
element within the Department of Defense to which the Sec-
retary plans to assign the responsibilities specified in such
section 2636b;
(2) details relating to any changes to requirements, authori-
ties, or processes necessary to implement such section 2636b;
(3) an estimate of the resources required to implement
such section 2636b;
(4) a plan to improve the business systems supporting
the office or other organizational element identified pursuant
to paragraph (1) with respect to the conduct of the responsibil-
ities specified in such section 2636b;
(5) a plan to provide the necessary staffing and resourcing
for such office or other organizational element with respect
to the conduct of such responsibilities; and
(6) a plan for partnership with commercial service house-
hold goods providers.
(c) REGULATIONS.—Not later than 90 days after the date on
which the briefing is provided under subsection (b), the Secretary
of Defense shall prescribe regulations to implement section 2636b
of title 10, United States Code, as added by subsection (a).
SEC. 337. ROLES AND RESPONSIBILITIES RELATING TO SUSTAINMENT
AND READINESS OF CERTAIN NAVAL SURFACE VESSELS.
Chapter 863 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 8698. Roles and responsibilities relating to sustainment
and readiness of certain naval surface vessels
‘‘(a) TYPE COMMANDER LEADERSHIP.—(1) Beginning on the date
that is one year after the date of the enactment of this section,
the Secretary of the Navy shall—
‘‘(A) designate type commanders as the primary authorities
responsible for the maintenance, repair, sustainment, and
readiness of covered vessels; and
‘‘(B) ensure that regional maintenance centers act under
the direction of, and in support of, type commanders with
respect to such maintenance, repair, and sustainment.
‘‘(2) The responsibilities of each type commander under para-
graph (1)(A) shall include—
S. 1071—103
‘‘(A) overseeing all maintenance and repair activities at
private shipyards for covered vessels in the naval force of
that type commander; and
‘‘(B) setting priorities and approving contracts for the
maintenance and repair of such vessels.
‘‘(b) MAINTENANCE
AND REPAIR
AT PRIVATE SHIPYARDS.—(1)
Beginning on the date that is one year after the date of the enact-
ment of this section, for each covered vessel undergoing mainte-
nance or repair at a private shipyard, the project manager con-
cerned, the port engineer concerned, and the commanding officer
of such vessel—
‘‘(A) may jointly determine the work to be performed during
the overhaul period for the covered vessel, including by jointly
adjusting priorities for such work consistent with the applicable
budget and schedule for such maintenance or repair; and
‘‘(B) shall report directly to the type commander of the
naval force to which the covered vessel belongs with respect
to such maintenance or repair.
‘‘(2) Contracting officers of the Department of Defense shall
manage contracts as necessary to ensure consistency with any deter-
mination or adjustment made pursuant to paragraph (1)(A).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered vessel’ means a naval surface vessel
that is not propelled or powered by a nuclear reactor.
‘‘(2) The term ‘port engineer concerned’ means, with respect
to a naval vessel, the technical expert on the condition of
such vessel responsible for advising on repairs and related
standards for such vessel.
‘‘(3) The term ‘project manager concerned’ means, with
respect to a naval vessel undergoing maintenance or repair,
the individual responsible for overseeing the overhaul period
with respect to such maintenance or repair.
‘‘(4) The term ‘regional maintenance center’—
‘‘(A) means an organization of the Navy that supports
ship maintenance in a designated geographic region; and
‘‘(B) includes the Mid-Atlantic Regional Maintenance
Center in Nofolk, Virginia, the Southwest Regional Mainte-
nance Center in San Diego, California, the Southeast
Regional Maintenance Center in Mayport, Florida, and the
Hawaii Regional Maintenance Center in Pearl Harbor,
Hawaii.
‘‘(5) The term ‘type commander’ means the flag officer
in command of a naval surface force, such as the following:
‘‘(A) Commander, Naval Surface Force, Atlantic.
‘‘(B) Commander, Naval Surface Force, Pacific Fleet.’’.
SEC. 338. STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN
DEPOTS OF DEPARTMENT OF DEFENSE.
Section 359 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1323; 10 U.S.C. 2476
note) is amended—
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
S. 1071—104
SEC. 339. MODIFICATION OF REPORT ON IMPROVED OVERSIGHT FOR
IMPLEMENTATION
OF
SHIPYARD
INFRASTRUCTURE
OPTIMIZATION PROGRAM OF THE NAVY.
Section 355(c)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 8013 note)
is amended by inserting before the semicolon the following: ‘‘, and
the incorporation of digital infrastructure (including hardware, soft-
ware, and cloud storage) and platforms into such program’’.
SEC. 340. EXTENSION AND MODIFICATION OF SEMIANNUAL BRIEFINGS
ON OPERATIONAL STATUS OF AMPHIBIOUS WARSHIP
FLEET.
Section 352 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 137 Stat. 229) is amended—
(1) in subsection (a), by striking ‘‘September 30, 2026’’
and inserting ‘‘September 30, 2028’’; and
(2) in subsection (b), by adding at the end the following
new paragraph:
‘‘(6) Details regarding the maintenance and service life
extension plan for each operational amphibious warfare ship
(as such term is defined in section 8062 of title 10, United
States Code) within such fleet until the obligation and work
limiting date for the construction contract for a replacement
amphibious warship, as necessary to meet the requirements
under subsection (b) of such section 8062.’’.
SEC. 341. MAINTENANCE INSPECTION CAPABILITIES AND REQUIRE-
MENTS.
(a) REQUIREMENT.—Subject to the requirements of subsection
(b), the Secretary of Defense shall ensure that when the Department
of Defense conducts maintenance of aviation critical safety items
and mission critical parts, such maintenance—
(1) includes the use of a technical data requirement or
organic or commercially available diagnostic tool, if such a
requirement or tool is required and available; and
(2) is not conducted solely through visual inspection
unless—
(A) no such requirement or tool is available; or
(B) only a visual inspection is required under a tech-
nical data requirement.
(b) SUSTAINMENT.—The Secretary shall ensure that the acquisi-
tion of appropriate technical data requirements and diagnostic tools
for the conduct of maintenance of aviation critical safety items
and mission critical parts are planned as part of the sustainment
of the systems containing such items and parts.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘aviation critical safety item’’ means any
part, assembly, installation equipment, launch equipment,
recovery equipment, or support equipment for an aircraft or
aviation weapon system the failure, malfunction, or absence
of which could cause—
(A) a catastrophic or critical failure resulting in the
loss of or serious damage to the aircraft or weapon system;
(B) an unacceptable risk of personal injury or loss
of life; or
(C) an uncommanded engine shutdown that jeopardizes
safety.
S. 1071—105
(2) The term ‘‘corrosion’’ means the deterioration of a mate-
rial or its properties, including non-metallic materials, due
to a reaction of that material with the chemical environment.
(3) The term ‘‘diagnostic tool’’ means a non-destructive
inspection tool capable of—
(A) detecting corrosion, cracks, component damage,
adhesion failure, and standard wear and tear; and
(B) leveraging artificial intelligence and machine
learning to build a predictive maintenance database when
necessary to improve maintainability.
SEC. 342. JOINT STRIKE FIGHTER SUSTAINMENT.
(a) REQUIREMENTS.—By not later than September 30, 2028,
the Secretary of Defense, in consultation with the Secretary of
the Navy and the Secretary of the Air Force, shall ensure that—
(1) sufficient wartime spares, support equipment, and depot
level capabilities are projected to be available for the F-35
Joint Strike Fighter to—
(A) sustain F-35 Joint Strike Fighter operations for
at least 90 days in the most stressing operational plan
required of each such Secretary; and
(B) meet the fleet wide minimum readiness targets
established by each such Secretary;
(2) each F-35 Joint Strike Fighter contractor has provided
to the Secretary of Defense, and the Secretary has validated
as accurate, all information that is necessary for the Depart-
ment of Defense to successfully complete the financial reporting
and accountability requirements for F-35 property, including—
(A) the incorporation of information relating to the
management and reporting of Government property that
has been provided for contractor performance, as defined
and agreed upon in the contract entered into by the con-
tractor; and
(B) the remediation of all material weaknesses of the
F-35 Joint Strike Fighter Program identified in the Depart-
ment of Defense Agency Financial Report for Fiscal Year
2024 that are within the control and responsibility of the
contractor; and
(3) spare parts for F-35 aircraft titled to the United States
Government under the international system for managing such
spare parts commonly referred to as the ‘‘global spares pool’’
are initially provisioned and catalogued with national stock
numbers.
(b) TREATMENT OF INDIVIDUAL CONTRACTS.—The information
required under subsection (a)(2) may be provided on an individual
contract basis.
(c) WAIVER.—The Secretary may waive a requirement under
subsection (a) if the Secretary—
(1) determines that such waiver is in the national security
interests of the United States; and
(2) provides to the congressional defense committees notice
of such determination, which shall include an identification
of the concern of the Secretary, a remedial action plan, and
a proposed timeline to meet the requirements of such sub-
section.
(d) REPORT.—Not later than February 1, 2026, the Secretary
of Defense, in coordination with the Secretary of the Navy and
S. 1071—106
the Secretary of the Air Force, shall submit to the congressional
defense committees a report on the F-35 Joint Strike Fighter pro-
gram that includes a description of each of the following:
(1) The top scarce supply assets and plans to reach sustain-
able supply positions by not later than September 30, 2028.
(2) The readiness condition of afloat and deployment spares
packages and efforts available to refresh outdated supplies
and spares.
(3) The fiscal programming, by fiscal year, necessary to
reduce deficient parts and depot capabilities to meet the joint
strike fighter planning targets by not later than September
30, 2028.
(4) A plan, by fiscal year, to integrate the spare parts
specified in subsection (a)(3) into the working-capital funds
of the Department of the Air Force and Department of the
Navy, respectively.
SEC. 343. DEPOT-LEVEL MAINTENANCE COORDINATION IN MULTI-
NATIONAL EXERCISES.
(a) IN GENERAL.—Each year, the Secretary of the Air Force
shall incorporate in at least one multinational exercise conducted
in the area of operations of the United States Indo-Pacific Com-
mand—
(1) depot-level maintenance, repair, and sustainment
considerations, including binational or multinational planning
sessions with covered nations on—
(A) identifying opportunities to cooperate on depot-
level maintenance and repair in ways that minimize
transportation requirements in such area of operations and
determining the authorities necessary to deliver the nec-
essary joint capabilities;
(B) facilitating real-time coordination between the
United States and covered nations to maintain munitions
stock levels and resupply routes in the such area of oper-
ations;
(C) mutual recognition of airworthiness and mainte-
nance certification between the United States and covered
nations; and
(D) emergency tabletop exercises, such as when an
aircraft of a covered nation breaks down on United States
territory, and vice versa, in a contested logistics environ-
ment; and
(2) coordination with the Air Force Sustainment Center,
including the participation of representatives of—
(A) the United States Indo-Pacific Command;
(B) United States Air Force Pacific;
(C) the United States Air Mobility Command; and
(D) the Air Force Sustainment Center.
(b) REPORT.—Not later than 180 days after the date on which
the first exercise is completed in accordance with subsection (a),
the Secretary of the Air Force shall submit to the congressional
defense committees a report summarizing the lessons learned from
carrying out such exercise. Such report shall include each of the
following:
(1) A list of candidate systems for co-sustainment with
covered nations.
S. 1071—107
(2) A list of depot-level repair workload opportunities to
undertake with covered nations, including testing equipment
or line replaceable units.
(3) Opportunities to incorporate industry partners from
covered nations in depot-level maintenance repair activities,
including through public-private partnerships.
(4) An identification of any potential logistical challenges
that could arise with the host country, including with respect
to workforce, housing, and location of workload.
(5) An identification of any potential impediments involving
intellectual property or data rights between original equipment
manufacturers and the Department of the Air Force or between
the Department of the Air Force and named partner countries.
(6) An identification of any potential impediments related
to the International Traffic in Arms Regulations and related
statutes.
(7) Any additional recommendations to Congress that would
ease the facilitation of depot-level maintenance repair partner-
ships with covered nations, including changes to existing status
of forces agreements.
(8) An analysis of current maintenance and repair capabili-
ties and gaps in the organic industrial bases of covered nations.
(9) An assessment of the types of maintenance and repair
activities (depot-level, preventative, corrective) that may be
most appropriate for partnership with covered nations.
(c) COVERED NATION DEFINED.—In this section, the term ‘‘cov-
ered nation’’ means any of the following:
(1) The Commonwealth of Australia.
(2) Canada.
(3) Japan.
(4) New Zealand.
(5) The Republic of Korea.
(6) The United Kingdom of Great Britain and Northern
Ireland.
(7) Any other nation designated a covered nation for the
purposes of this section by the Secretary of the Air Force.
SEC. 344. PROPOSED ACTIONS WITH RESPECT TO CAUSES AND
EFFECTS OF DECLINING AIRCRAFT READINESS RATES.
(a) REPORT ON PROPOSED ACTIONS.—Not later than May 31,
2026, the Secretary of the Air Force shall submit to the Committees
on Armed Services of the House of Representatives and the Senate
a report on the declining rates of aircraft readiness within the
fleet of the Air Force (with an emphasis on fighter aircraft within
such fleet) and factors contributing to that decline. Such report
shall include, with respect to such aircraft—
(1) proposed actions to—
(A) reverse the declining rates of aircraft readiness;
(B) improve the effectiveness of aircraft sustainment,
including by addressing maintenance backlogs, supply
shortages of aircraft parts, and depot capacity constraints;
and
(C) ensure more accurate readiness reporting; and
(2) recommendations for any relevant legislative actions.
(b) IMPLEMENTATION DEADLINE.—Not later than one year after
the date of the enactment of this Act, the Secretary of the Air
S. 1071—108
Force shall implement the proposed actions identified in the report
required under subsection (a).
(c) ANNUAL IMPLEMENTATION REPORTS.—Not later than 30 days
after the date on which the Secretary of the Air Force implements
the proposed actions under subsection (b), and annually thereafter
for each of the subsequent three years, the Secretary shall submit
to the Committees on Armed Services of the House of Representa-
tives and the Senate a report on the status of the implementation
of such actions.
(d) FORM OF REPORTS.—Each report required to be submitted
under this section shall be submitted in unclassified form, but
may include a classified annex.
SEC. 345. TECHNOLOGY ENHANCEMENT FOR SURFACE SHIP MAINTE-
NANCE.
(a) IN GENERAL.—The Secretary of the Navy shall investigate,
and, as feasible, qualify, approve, integrate, and fully adopt into
contract requirements, advanced technologies and processes for
Navy surface ship maintenance on an expedited timeline to enhance
readiness, reduce costs, and address delays in maintenance and
repair activities.
(b) SPECIFIED ADVANCED TECHNOLOGIES AND PROCESSES.—In
carrying out subsection (a), the Secretary of the Navy shall prioritize
the following:
(1) Automated weld inspection for robotic weld defect detec-
tion.
(2) Real-time sustainment monitoring for sensor-based
health tracking.
(3) Advanced blast and painting for automated hull coating
systems.
(4) Press connect fittings for no-hot-work pipe repairs.
(5) Robotic tank inspection for confined space condition
assessments.
(6) Additive manufacturing for on-demand 3D-printed
parts.
(7) Augmented reality support for augmented reality-guided
repairs.
(8) Cold spray repair for metal surface restoration.
(9) Predictive maintenance algorithms for artificial intel-
ligence-driven failure prediction.
(10) Automated nondestructive testing for robotic material
evaluation.
(11) Autonomous underwater vehicles for hull inspection
submersibles.
(12) Digital twin technology for virtual ship modeling.
(13) High-pressure waterjet cleaning for rust and paint
removal.
(14) Modular maintenance platforms for standardized
repair setups.
(15) Smart coatings for self-healing, anti-fouling surfaces.
(16) Laser ablation for laser-based surface preparation.
(17) Drone-based inspection for uncrewed structural sur-
veys.
(18) Electrochemical corrosion mitigation for corrosion
prevention systems.
(19) Smart pigging for internal pipe diagnostics.
S. 1071—109
(20) Modular overhaul kits for pre-packaged repair solu-
tions.
(21) Plasma coating for durable surface protection.
(22) High-velocity oxygen fuel coating for high-velocity wear
protection.
(23) Portable diagnostics for handheld troubleshooting
tools.
(c) OPEN QUALIFICATION PROCESS.—
(1) IN GENERAL.—The Secretary of the Navy shall establish
a process under which non-government entities may submit
proposals for the investigation, qualification, approval, integra-
tion, and full adoption under subsection (a) of advanced tech-
nologies or processes not specified in subsection (b).
(2) EVALUATION.—The Secretary of the Navy shall evaluate
any proposal submitted pursuant to the process established
under paragraph (1) not later than 90 days after the date
of such submission.
(3)
PROPOSAL
REQUIREMENTS.—A
proposal
submitted
pursuant to the process established under paragraph (1) shall
include an assessment of options to improve maintenance effi-
ciency, safety, or cost-effectiveness.
(4) QUALIFICATION
DECISION.—In evaluating proposals
pursuant to the process established under paragraph (1), the
Secretary of the Navy shall make decisions based on technical
merit and the needs of the Navy.
(d) THIRD-PARTY REVIEW.—
(1) IN
GENERAL.—The Under Secretary of Defense for
Acquisition and Sustainment shall seek to enter into a contract
with an appropriate independent third-party reviewer under
which such reviewer shall assess any decision of the Secretary
of the Navy not to select for qualification of approval an
advanced technology or process included in a proposal sub-
mitted pursuant to the process established under subsection
(c).
(2) REPORT TO CONGRESS.—A contract entered into under
paragraph (1) shall require the independent third-party
reviewer to, not later than 90 days after the date of the decision
concerned, submit to the Committees on Armed Services of
the Senate and House of Representatives an unaltered report
that includes—
(A) an evaluation of the rationale of the Secretary
in not selecting the technology or process;
(B) a statement of the agreement or disagreement of
the reviewer with the decision and rationale of the Sec-
retary; and
(C) recommendations, if applicable.
(e) PRIORITY.—The Secretary of the Navy may prioritize the
investigation, qualification, approval, integration, and full adoption
of advanced technologies and processes under this section based
on operational needs, budget constraints, and compatibility with
existing systems, if the Secretary includes justifications for such
prioritization in the report required by subsection (g).
(f) UPDATES.—If an advanced technology or process is adopted
into contract requirements pursuant to subsection (a), the Secretary
of the Navy shall update policies, specifications, guidance, and
contracts, as necessary, to account for such adoption.
S. 1071—110
(g) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to Congress a report that includes detailed timelines for
the qualification and approval of each advanced technology or
process specified in subsection (b) and any additional advanced
technologies or processes identified pursuant to the process estab-
lished under subsection (c), including estimated implementation
dates or justifications for non-pursuit.
SEC. 346. OVERSIGHT REQUIREMENTS FOR CONTRACTS RELATING TO
RELOCATION LOGISTICS FOR HOUSEHOLD GOODS.
(a) REQUIREMENTS.—The Secretary of Defense shall ensure that
any covered contract includes the following oversight requirements:
(1) The prime contractor shall submit to the Secretary
a document summarizing the key terms and conditions of each
subcontract relating to capacity, performance, or compliance
with the requirements of the subcontract, which shall include
the following:
(A) The guaranteed capacity of each subcontractor to
perform the work required under the subcontract (including
with respect to location, volume, and peak season commit-
ment).
(B) Performance metrics and service level agreements
applicable to each subcontractor.
(C) Provisions for monitoring and enforcing subcon-
tractor performance.
(D) Termination clauses and penalties for noncompli-
ance.
(E) Data sharing and security requirements.
(2) Each subcontractor shall provide to the prime con-
tractor, upon request, certifications and copies of training
completion relating to compliance with the requirements under
the subcontract.
(3) The prime contractor shall submit to the Secretary
regular performance reports on each subcontractor, including
metrics relating to on-time pickup, on-time delivery, damage
claim rates, customer satisfaction, and compliance with the
requirements of the subcontract.
(4) The prime contractor shall submit to the Secretary
a subcontractor management plan outlining the processes of
the prime contractor for selecting, monitoring, and managing
subcontractors, including a description of how the prime con-
tractor ensures subcontractor compliance with applicable laws,
regulations, and the requirements of the subcontract.
(5) The prime contractor shall maintain a comprehensive
risk management plan that addresses potential disruptions to
the performance of work by subcontractors of the prime con-
tractor, such as financial instability, natural disasters, or labor
disputes.
(6) Not less frequently than on a monthly basis for the
duration of the covered contract, the prime contractor shall
submit to the Secretary the subcontractor rating system used
by the prime contractor, with current scoring results under
such system.
(7) The prime contractor shall submit to the Secretary
the subcontractor rates for each move to be performed under
the subcontract.
S. 1071—111
(8) The prime contractor shall establish clear escalation
procedures for addressing subcontractor performance issues,
including steps for resolving disputes, implementing corrective
actions, and terminating non-performing subcontractors.
(9) The Federal Government may audit subcontractor
records with reasonable notice to the prime contractor.
(10) The covered contract shall include a fixed-price line
item for monthly overhead costs, separate from the rates associ-
ated with the costs of individual moves performed under the
covered contract.
(11) The prime contractor shall establish a database that
the Secretary may access on a real-time basis to ensure compli-
ance with this section.
(b) ADDITIONAL CONSIDERATIONS.—During the development of
an acquisition strategy and execution strategy for any covered con-
tract, the Secretary shall consider, in addition to the requirements
under subsection (a), the following:
(1) Entering into a single contract pursuant to the require-
ments of the Federal Acquisition Regulation if the move to
be performed under such contract would involve the use of
a shipping lane that accounts for more than one percent of
the total volume of permanent change of station moves and
entering into a services contract if the move to be performed
under such contract would not involve the use of such a lane.
(2) Tiered incentive awards for higher levels of capacity.
(c) COVERED CONTRACT.—In this section, the term ‘‘covered
contract’’—
(1) means a contract with an entity that provides relocation
logistics for the household goods of members of the Armed
Forces undergoing a permanent change of station (commonly
referred to as a ‘‘single move manager’’); and
(2) does not include a contract or other agreement for
the relocation of a private vehicle owned or leased by a member
of the Armed Forces.
SEC. 347. INTEGRATION OF COMMERCIALLY AVAILABLE ARTIFICIAL
INTELLIGENCE CAPABILITIES INTO LOGISTICS OPER-
ATIONS.
(a) IN GENERAL.—The Secretary of Defense shall facilitate the
integration of currently available and suitable commercial artificial
intelligence capabilities specifically designed to assist with logistics
tracking, planning, operations, and analytics into two relevant and
suitable exercises of the Department of Defense to be conducted
during fiscal year 2026.
(b) COMMERCIAL PRODUCT.—
(1) IN GENERAL.—The Secretary of Defense, in coordination
with the commander of the combatant command or commands
overseeing the exercises selected under subsection (a), shall
identify for each such exercise a commercially available artifi-
cial intelligence product that is specifically designed to address
logistics needs of the Department of Defense and meets the
critical data security protocols outlined in subsection (c).
(2) CAPABILITY
OF
PARTNER.—In selecting a commercial
product under paragraph (1), the Secretary of Defense and
the commander of the combatant command or commands con-
cerned shall—
S. 1071—112
(A) ensure that the commercial product acquired for
such an exercise includes the provision of capability to
respond to potential software changes in an agile and rapid
manner to ensure seamless integration and adaptability
during the exercise; and
(B) prioritize the consideration of a product provided
by a small or nontraditional software focused firm.
(c) DATA SECURITY.—The Secretary of Defense shall ensure
that all necessary approvals are expedited to facilitate the secure
use of data of the Department of Defense by commercial artificial
intelligence providers during the exercises selected under subsection
(a), including—
(1) compliance with applicable cybersecurity policies and
regulations of the Department; and
(2) verification of measures to protect classified and sen-
sitive information.
(d) INTERIM BRIEFING.—Not later than March 1, 2026, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives an interim
briefing that includes—
(1) identification of the specific exercises selected under
subsection (a), including an identification of the combatant
commanders participating in each such exercise and a point
of contact within the combatant command responsible;
(2) identification of the specific commercial artificial intel-
ligence capabilities integrated into the exercises, including the
contractual mean or other agreement used to facilitate the
use of such capabilities;
(3) notional timelines and resource needs for each exercise;
and
(4) metrics to be used to assess the efficacy of such tools
used in each exercise.
(e) BRIEFING.—Not later than 30 days after the conclusion
of an exercise selected under subsection (a), the commander of
the combatant command overseeing the exercise shall provide to
the congressional defense committees a briefing that includes the
following:
(1) An overview of the integration and use of commercial
artificial intelligence capabilities during the exercise.
(2) An assessment of the effect of such technologies on
unit readiness and operational success.
(3) Recommendations for further integration or develop-
ment of artificial intelligence capabilities in future exercises
and operations of the Department of Defense.
SEC. 348. PILOT PROGRAM ON ARMY DEPOT AND ARSENAL WORKLOAD
SUSTAINMENT.
(a) ESTABLISHMENT
OF PILOT PROGRAM.—Not later than 90
days after the date of the enactment of this Act, the Secretary
of Defense shall establish a pilot program, to be known as the
‘‘Army Depot and Arsenal Workload Sustainment Pilot Program’’
(in this section referred to as the ‘‘pilot program’’), under which
the Secretary shall provide a preference to certain procurement
actions and solicitations for the performance of work by non-govern-
ment entities at covered depots.
(b) PREFERENCES
FOR PROCUREMENT ACTIONS
OR SOLICITA-
TIONS.—
S. 1071—113
(1) IN
GENERAL.—Under the pilot program established
under subsection (a), the Secretary of Defense shall provide
a preference to any procurement action or solicitation for the
performance of work submitted by a non-government entity
that includes, as part of such procurement action or solicitation,
a proposal to enter into a public-private partnership with the
Secretary under which the non-government entity will perform
the work at covered depots.
(2) FURTHER
PREFERENCE.—In evaluating procurement
actions and solicitations under paragraph (1), the Secretary
shall give an additional preference to any such action or solicita-
tion submitted by a non-government entity that proposes to
use Department of Defense employees to perform the work
at a covered depot under such action or solicitation.
(3) REGULATIONS.—Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe regulations for the provision of preferences under
this subsection.
(c) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the activities carried out under the pilot program during that
year, including a description of any operational challenges
identified.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:
(A) A breakout, by relevant budget accounts, of work
performed at each covered depot during the year preceding
the year during which the report is submitted, including
work that was carried out directly and work that was
carried out through public-private partnerships under the
pilot program.
(B) An identification of the projected workload at each
covered depot during the period covered by the future-
years defense program submitted to Congress under section
221 of title 10, United States Code.
(C) The capital investments projected in such future-
years defense program to be made at each such covered
depot to meet organic industrial base core logistics capabili-
ties in accordance with section 2464 of title 10, United
States Code.
(d) DURATION.—The authority to carry out a pilot program
under this section shall terminate on the date that is five years
after the date of the enactment of this Act.
(e) DEFINITIONS.—In this section, the term ‘‘covered depot’’ has
the meaning given such term in section 2476(f) of title 10, United
States Code.
SEC. 349. LIMITATION ON USE OF FUNDS TO ESTABLISH OR EXPAND
SPACE FORCE SPECIAL OPERATIONS COMPONENT COM-
MAND.
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for Major Force
Program 11 for the United States Special Operations Command
may be obligated or expended to establish or expand a Space
Force Special Operations Component Command until the date that
S. 1071—114
is 30 days after the date on which the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict and the
Commander of the United States Special Operations Command,
in consultation with the Chief of Space Operations, jointly submit
to the Committees on Armed Services of the Senate and the House
of Representatives the report required by subsection (b).
(b) REPORT.—The report required under this subsection shall
include each of the following:
(1) An articulation of the requirement for a Space Force
Special Operations Component Command.
(2) A funding profile, across the future-years defense pro-
gram submitted under section 221 of title 10, United States
Code, for the establishment of a Space Force Special Operations
Component Command, including a delineation of funds required
under Major Force Program 2 and Major Force Program 11.
(3) A timeline and conditions for achieving initial and full
operational capability for a Space Force Special Operations
Component Command.
(4) An identification of the military, civilian, and contractor
personnel required for a Space Force Special Operations Compo-
nent Command at initial and full operational capability.
(5) An identification of the facilities requirements for a
Space Force Special Operations Component Command at initial
and full operational capability.
(6) An explanation of how and when the Secretary of
Defense and the Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict have documented
approval for the establishment of a Space Force Special Oper-
ations Component Command.
(7) An explanation of the administrative and command
relationships between a Space Force Special Operations Compo-
nent Command and the United States Special Operations Com-
mand, United States Space Command, and the Space Force.
(8) Any other matters determined relevant by the Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict and the Commander of the United States Special Oper-
ations Command.
SEC. 350. PILOT PROGRAM FOR DATA-ENABLED GROUND VEHICLE
MAINTENANCE.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary concerned with respect
to a covered Armed Force, in consultation with the Chief Digital
and Artificial Intelligence Officer of the Department of Defense,
shall establish in such covered Armed Force a pilot program under
which the covered Armed Force shall use commercially available
artificial intelligence technologies to improve the maintenance of
ground vehicles performed by such covered Armed Force.
(b) OBJECTIVES.—Under the pilot program established under
subsection (a), the Secretary concerned shall—
(1) assess the feasibility and effectiveness of artificial intel-
ligence-driven approaches in improving maintenance regimes
for ground vehicles;
(2) assess the cost savings resulting from the use of artifi-
cial intelligence technology for the maintenance of ground
vehicles; and
S. 1071—115
(3) identify and mitigate potential challenges and risks
associated with the integration of artificial intelligence tech-
nology for modernized maintenance of ground vehicles,
including cybersecurity concerns.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, each Secretary concerned with respect to
a covered Armed Force shall submit to Committees on Armed
Services of the House of Representatives and the Senate a report
on the activities performed under the pilot program established
under subsection (a) in such covered Armed Force.
(d) TERMINATION.—The authority to carry out a pilot program
under subsection (a) shall terminate on January 1, 2029.
(e) DEFINITIONS.— In this section:
(1) The term ‘‘covered Armed Force’’ means the Army,
Navy, or Air Force.
(2) The term ‘‘Secretary concerned’’ has the meaning given
such term in section 101(a)(9) of title 10, United States Code.
SEC. 351. MODERNIZATION OF THE ORGANIC INDUSTRIAL BASE OF
THE ARMY.
(a) AUTHORITY
TO ESTABLISH
AND OPERATE.—The Secretary
of the Army shall accelerate the modernization of the organic indus-
trial base of the Army to meet the requirements of the Army
by ensuring additional production of materials, or expanded use
of capabilities, as described in subsection (b).
(b) MATERIALS AND CAPABILITIES.—The Secretary of the Army
shall prioritize using or modifying existing facilities of the organic
industrial base of the Army for the following purposes:
(1) Production of propellant.
(2) Production of any of 13 precursor chemicals used widely
across the Joint Program Executive Office Armaments and
Ammunition portfolio that are currently sourced solely from
the People’s Republic of China.
(3) Production of any of the 300 chemicals identified as
single point failures by the Joint Program Executive Office
Armaments and Ammunition.
(4) Production of multiple calibers of ammunition.
(5) Development of methods for dual-use maintenance or
production of vehicles and aircraft.
(6) Use of logistics.
(7) Production or use of any of the capabilities listed in
paragraphs (1) through (6).
(8) Another capability that the Secretary of the Army cer-
tifies to the congressional defense committees is necessary to
meet Army munitions and weapons requirements.
(c) EXPEDITED PRODUCTION OR EXPANSION OF CAPABILITIES.—
The Secretary shall expedite the production or expansion of any
capabilities described under subsection (b) and shall use, to the
fullest extent possible, existing environmental permits, security
arrangements, and personnel required for the production of mate-
rials critical to Army munitions and weapons requirements.
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the congressional defense committees a report on the use of
the authority under this section.
(e) ORGANIC INDUSTRIAL BASE OF THE ARMY DEFINED.—In this
section, the term ‘‘organic industrial base of the Army’’ means
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each depot listed in section 2476(f)(1) of title 10, United States
Code.
Subtitle D—Matters Relating to Munitions
SEC.
361.
REPORTING
REQUIREMENTS
FOR
OUT-YEAR
UNCON-
STRAINED TOTAL MUNITIONS REQUIREMENTS AND OUT-
YEAR INVENTORY NUMBERS.
Section 222c of title 10, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘ and including
OPLANs for operations involving the People’s Republic of
China, the Russian Federation, the Democratic People’s
Republic of North Korea, and the Islamic Republic of Iran’’
after ‘‘(OPLAN)’’; and
(B) by adding at the end the following new paragraph:
‘‘(9) The estimated aggregate demand from United States
allies and partners.’’;
(2) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘number of years’’ and inserting
‘‘production level for each fiscal year’’; and
(ii) by striking ‘‘rate requested for the fiscal year
covered by the report’’ and inserting ‘‘end of the future
years defense program’’;
(B) by striking paragraph (2) and redesignating para-
graph (3) as paragraph (2); and
(C) in paragraph (2), as so redesignated—
(i) by striking ‘‘additional’’; and
(ii) by striking ‘‘Out-Year Unconstrained Total
Munitions Requirement for each munition by the end
of the period covered by the most recent future-years
defense program submitted to Congress pursuant to
section 221 of this title.’’ and inserting ‘‘production
level specified in paragraph (1) for that fiscal year.’’;
(3) by redesignating subsection (f) as subsection (h); and
(4) by inserting after subsection (e) the following new sub-
sections:
‘‘(f) INCLUSION IN PLANNING, PROGRAMMING, BUDGETING, AND
EXECUTION.—The Secretary of Defense shall ensure that the produc-
tion levels specified in paragraph (1) are incorporated into the
planning, programming, budgeting, and execution process of the
Department of Defense to align munitions procurement with the
Out-Year Unconstrained Total Munitions Requirement.
‘‘(g) METHODOLOGY.—The estimate specified in subsection
(c)(9)—
‘‘(1) shall be based on, at a minimum, relevant information
set forth in letters of offer and acceptance issued with respect
to foreign military sales of munitions authorized under chapter
2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.);
and
‘‘(2) may be informed by—
‘‘(A) discussions held with allies and partners of the
United States regarding future potential sales or transfers
of munitions; and
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‘‘(B) analyses of the United States Government
regarding the variants of munitions that would most benefit
the interests of the United States if sold or transferred
to allies and partners of the United States.’’.
SEC. 362. INCLUSION OF AIR AND MISSILE DEFENSE IN OUT-YEAR
UNCONSTRAINED TOTAL MUNITIONS REQUIREMENT AND
OUT-YEAR INVENTORY NUMBERS.
Section 222c(c) of title 10, United States Code, as amended
by section 361, is further amended—
(1) by redesignating paragraphs (5) through (8) as para-
graphs (6) through (9), respectively; and
(2) by inserting after paragraph (4) the following new para-
graph (5):
‘‘(5) Air and Missile Defense.’’.
SEC. 363. REPORTS ON MUNITIONS RESPONSE PROJECTS AT SITES
FORMERLY USED BY THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Not later than 30 days after the last day
of each fiscal quarter that begins after the date of the enactment
of this Act for a one-year period, and on a biannual basis thereafter
until the termination date specified in subsection (c), the Assistant
Secretary of Defense for Energy, Installations, and Environment,
in coordination with the Assistant Secretary of the Army for
Installations, Energy, and Environment, acting through the Com-
manding General of the United States Army Corps of Engineers,
shall submit to the congressional defense committees a report on
the status of munitions response projects, including at sites formerly
used by the Department of Defense.
(b) ELEMENTS.—Each report submitted under subsection (a)
shall include, for the period covered by the report, the following
information:
(1) The number of new task order awards for munitions
response projects at sites formerly used by the Department
of Defense issued and the total dollar value of such awards.
(2) The number of optional tasks exercised as part of such
projects and the total dollar value of such exercised tasks.
(3) The number of contract modifications or requests for
equitable adjustment issued as part of such projects and the
total dollar value of such modifications and adjustments.
(4) The number of active munitions response projects with
contracts for which prior year funds have been returned.
(5) A list of active munitions response projects placed on
hold for longer than one year and, for each such project, a
summary of the reason for the hold, including delays related
to regulatory agencies, rights-of-entry issues, Federal land man-
ager actions, discrepancies in the number of subsurface anoma-
lies between the statement of work and field conditions, or
prioritization based on risk.
(6) A description of the overall challenges to executing
the Military Munitions Response Program.
(c) TERMINATION DATE.—The termination date specified in this
subsection is the date that is five years after the date of the
enactment of this Act.
SEC. 364. REPORT ON CRITICAL MUNITIONS REQUIRED FOR SIMULTA-
NEOUS CONFLICTS.
(a) REPORT.—
S. 1071—118
(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 that
details the stockpiles of critical munitions required to fight
simultaneous conflicts in different theaters of operation.
(2) ELEMENTS.—The report under paragraph (1) shall
include the following elements:
(A) An estimate of the number of each critical munition
that would be required over the course of simultaneous
conflicts in different theaters, modeled on the assumption
that a contingency operation in any one of the western
Pacific, Europe, Middle East, or Korean Peninsula theaters
would increase the likelihood of a contingency operation
in one or more other theaters and taking into consideration
the prepositioning of stockpiles and the risk posed by
moving critical munitions within such stockpiles out of
each theater.
(B) An estimate of the number of days during such
a simultaneous conflict before the current stockpiles of
critical munitions of the United States would be exhausted
by the United States Armed Forces.
(C) An estimate of the time required for the industrial
base to replenish critical munition inventories during such
a simultaneous conflict, taking into account the Out-Year
Unconstrained Total Munitions Requirement under section
222c of title 10, United States Code, and the results of
the assessment conducted pursuant to section 1705 of the
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117–263; 136 Stat. 2968) but not the assump-
tions required under the Department of Defense Instruction
3000.04, titled ‘‘DoD Munitions Requirements Process’’.
(D) An identification of the production requirements
for each critical munition necessary to address any shortfall
between—
(i) the production rates as of the date of the report;
and
(ii) the production rates necessary to meet the
number estimated under subparagraph (A).
(E) An assessment of the lessons learned from the
war in Ukraine with respect to the rates at which muni-
tions are consumed.
(F) An assessment of the projected munitions stockpiles
of the military forces of the Russian Federation, the Peo-
ple’s Republic of China, Iran, and the Democratic Republic
of Korea, and forces affiliated with such military forces.
(G) An assessment of the projected stockpiles of muni-
tions of relevant partners and allies of the United States
in each theater and opportunities for such partners and
allies to enhance contributions to such stockpiles for bur-
den-sharing purposes.
(H) An assessment of the projected munitions require-
ments of such partners and allies in each theater with
respect to munitions produced in the United States,
including an analysis of how such requirements would
affect the elements specified in subparagraphs (A) through
(D).
(b) PLAN.—
S. 1071—119
(1) IN GENERAL.—Not later than 90 days after the date
on which the Secretary of Defense submits the report under
subsection (a), the Secretary shall submit to the congressional
defense committees a plan to implement critical munitions
requirements to fight simultaneous conflicts in the next budget
cycle. Such plan shall include a description of such actions
by industry, and arsenals and depots owned by the United
States, that the Secretary determines would be necessary to
meet such requirements.
(2) WAIVER.—The Secretary may waive the requirement
for the submission of a plan under paragraph (1) if the Sec-
retary submits to the congressional defense committees a report
with a justification for the decision not to implement the results
of the report required by subsection (a)(2)(a) into the require-
ments process for the next budget cycle. The report shall include
an assessment of the gap between current requirements for
critical munitions and those requirements identified in the
report required by subsection (a)(2)(a).
(c) CRITICAL MUNITIONS DEFINED.—In this section, the term
‘‘critical munitions’’ includes munitions designated on the critical
munitions list of the Chairman of the Joint Chiefs of Staff.
Subtitle E—Other Matters
SEC. 371. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR
STATE AND LOCAL GOVERNMENTS AFFECTED BY DEPOT
REDUCTIONS.
(a) IN GENERAL.—Section 2391(b)(1) of title 10, United States
Code, is amended—
(1) by striking ‘‘or’’ after ‘‘military installation resilience,’’;
(2) by inserting ‘‘or (G) by any action of the Department
of Defense that negatively affects a covered depot (as such
term is defined in section 2476(f) of this title),’’ after ‘‘ the
defense facility,’’; and
(3) by striking ‘‘(C), or (F)’’ and inserting ‘‘(C), (F), or
(G)’’.
(b) REPORT.—Not later than 60 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to
the congressional defense committees a report that includes an
identification of the amount of adjustment and diversification assist-
ance anticipated to be provided pursuant to the amendment made
by subsection (a) during fiscal year 2026 to State and local govern-
ments for each covered depot.
SEC. 372. AUTHORITY TO EVACUATE FAMILY PETS AND CONTRACT
WORKING DOGS DURING NONCOMBATANT EVACUATIONS
OF FOREIGN COUNTRIES.
Chapter 157 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 2653. Evacuation of family pets and contract working dogs
during noncombatant evacuations of foreign coun-
tries
‘‘(a) AUTHORITY TO EVACUATE.—Subject to the limitations under
subsection (b), in the event of a situation during which the Depart-
ment of Defense evacuates noncombatants from a foreign country,
S. 1071—120
the Secretary of Defense may enter into agreements with appro-
priate nonprofit entities under which such entities provide for the
evacuation of—
‘‘(1) the family pets of citizens of the United States who
are evacuated by the Department; and
‘‘(2) contract working dogs located in such country.
‘‘(b) LIMITATIONS.—The limitations under this subsection are
as follows:
‘‘(1) The Department of Defense is not responsible for pro-
viding veterinary care for a family pet or contract working
dog by reason of the evacuation of the pet or dog pursuant
to subsection (a).
‘‘(2) The Secretary may not exercise the authority under
subsection (a) if the exercise of such authority would result
in a reduction in the number of individuals who would other-
wise be evacuated.
‘‘(3) The operator of a vehicle used for evacuation may
refuse to evacuate a family pet or contract working dog if
the operator determines that the evacuation would create a
safety risk to other passengers or personnel.’’.
SEC. 373. MANNED ROTARY WING AIRCRAFT SAFETY.
(a) IN GENERAL.—Chapter 157 of title 10, United States Code,
as amended by section 372, is further amended by adding at the
end the following new section:
‘‘§ 2654. Aircraft safety: requirements for certain highly traf-
ficked domestic airspace
‘‘(a) LIMITATION ON OPERATION.—Notwithstanding section 1046
of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232, 49 U.S.C. 40101 note), except as provided
in subsection (b), the Secretary of a military department may not
authorize any manned rotary wing aircraft of the Department of
Defense to operate a training mission in a covered airspace unless
such aircraft, while being operated, is actively providing warning
of the proximity of such aircraft to nearby commercial aircraft
in a manner compatible with the traffic alert and collision avoidance
system of such commercial aircraft.
‘‘(b) WAIVER AUTHORITY.—The Secretary of a military depart-
ment, with the concurrence of the Secretary of Transportation,
may waive the limitation under subsection (a) with respect to
the operation of an aircraft if that Secretary—
‘‘(1) determines that—
‘‘(A) such waiver is in the national security interests
of the United States; and
‘‘(B) a commercial aviation compatibility risk assess-
ment has been conducted with respect to the operation
of the aircraft pursuant to the waiver to mitigate the
risk associated with such operation; and
‘‘(2) in the case of a waiver to be in effect for a period
exceeding 30 days, submits to appropriate congressional
committees notice of such waiver, including a copy of the
applicable commercial aviation compatibility risk assessment
specified in paragraph (1)(B).
‘‘(c) LIMITATION ON DELEGATION.—The Secretary of a military
department may not delegate the waiver authority under subsection
(b) to an official whose rank is below a general or flag officer.
S. 1071—121
‘‘(d) DEFINITIONS.—
‘‘(1) The term ‘appropriate congressional committees’
means—
‘‘(A) the Committee on Armed Services and the Com-
mittee on Transportation and Infrastructure of the House
of Representatives; and
‘‘(B) the Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the
Senate.
‘‘(2) The term ‘covered airspace’ means the Washington,
DC Metropolitan Area Special Flight Rules Area, as such term
is defined in section 93.335 of title 14, Code of Federal Regula-
tions, or any successor regulation.’’.
(b) REPORTS ON NEAR MISSES.—
(1) INITIAL REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report on the number of near misses that aircraft of the Depart-
ment have had with commercial aircraft during the 10-year
period preceding such date of enactment.
(2) ANNUAL REPORT.—Not later than one year after the
date of the enactment of this Act, and annually thereafter
through 2030, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the number
of near misses that aircraft of the Department have had with
commercial aircraft during the previous fiscal year.
(3) ELEMENTS.—Each report under this subsection shall
include, with respect to each near miss covered under the
report, the following:
(A) The date, time, and location of the near miss.
(B) A description of all aircraft involved in the near
miss.
(C) Any changes to protocols, standard operating proce-
dures, or policy, as appropriate, that were made based
on the near miss.
(4) FORM OF REPORT.—Each report under this subsection
shall be submitted in unclassified form, but may include a
classified annex.
(5) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on Armed Services and the Com-
mittee on Transportation and Infrastructure of the House
of Representatives; and
(B) the Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the
Senate.
SEC. 374. ESTABLISHMENT OF ARMY MUSEUM SYSTEM.
Chapter 775 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 7715. Army museum system
‘‘(a) IN GENERAL.—The Secretary of the Army shall support
a system of official Army museums within the United States Army
Center of Military History. Such system shall include the National
Museum of the United States Army and may contain other
S. 1071—122
museums honoring individual installations, units, and branches,
as designated by the Secretary of the Army, that meet criteria
established under subsection (b).
‘‘(b) CRITERIA FOR DESIGNATION.—The Secretary of the Army
shall establish criteria for designating museums of subsection (a)
for inclusion in the Army museum system. Such criteria shall
include—
‘‘(1) historical significance to Army operations, technology,
or personnel;
‘‘(2) public accessibility and educational outreach programs;
and
‘‘(3) alignment with the mission of the Army to preserve
its heritage.
‘‘(c) CRITERIA FOR CLOSURE.—The Secretary of the Army shall
establish criteria for closing museums within the Army museum
system. No museum within such system may be closed until—
‘‘(1) the Secretary of the Army submits to the Committees
on Armed Services of the House of Representatives and the
Senate notice that includes—
‘‘(A) a plan for the preservation, storage, or alternate
display of historical collections contained in the museum;
‘‘(B) how any issues relating to museum personnel
will be resolved;
‘‘(C) an identification of any efforts to maintain
museum operations through public-private partnerships;
and
‘‘(D) an analysis of the cost to transport, consolidate,
and preserve the historical collections contained in the
museum; and
‘‘(2) a period of 90 days has elapsed after the date on
which such notice is received by such committees.
‘‘(d) FUNDING AND SUPPORT.—Consistent with applicable law,
the Secretary may enter into partnerships, including with nonprofit
organizations, to enhance the financial sustainability and public
engagement of the museums in the Army museum system.’’.
SEC. 375. ESTABLISHMENT OF UNITED STATES NAVY MUSEUM SYSTEM.
Chapter 861 of title 10, United States Code, is amended by
inserting after section 8617 the following new section:
‘‘§ 8617A. United States Navy Museum System
‘‘(a) IN GENERAL.—The Secretary of the Navy shall support
a system of official Navy museums, which shall collectively be
known as the ‘United States Navy Museum System’. Such system
shall include the following museums:
‘‘(1) The National Museum of the United States Navy.
‘‘(2) The United States Naval Academy Museum.
‘‘(3) The Naval War College Museum.
‘‘(4) The Submarine Force Museum.
‘‘(5) The National Naval Aviation Museum.
‘‘(6) The USS Constitution Naval History and Heritage
Command, Detachment Boston.
‘‘(7) The United States Navy Seabee Museum.
‘‘(8) The Puget Sound Navy Museum.
‘‘(9) The Naval Undersea Museum.
‘‘(10) The National Museum of the American Sailor.
‘‘(11) The Hampton Roads Naval Museum.
S. 1071—123
‘‘(12) Such other museums as may be designated by the
Secretary of the Navy that meet criteria established under
subsection (b).
‘‘(b) CRITERIA FOR DESIGNATION.—The Secretary of the Navy
shall establish criteria for designating museums other than
museums identified in paragraphs (1) through (11) of subsection
(a) for inclusion in the United States Navy Museum System. Such
criteria shall include—
‘‘(1) historical significance to naval operations, technology,
or personnel;
‘‘(2) public accessibility and educational outreach programs;
and
‘‘(3) alignment with the mission of the Navy to preserve
its heritage.
‘‘(c) CRITERIA FOR CLOSURE.—The Secretary of the Navy shall
establish criteria for the closure of museums within the United
States Navy Museum System. No museum within such system
may be closed until—
‘‘(1) the Secretary of the Navy submits to the Committees
on Armed Services of the House of Representatives and the
Senate notice that includes—
‘‘(A) a plan for the preservation, storage, or alternate
display of historical collections contained in the museum;
‘‘(B) how any issues relating to museum personnel
will be resolved;
‘‘(C) an identification of any efforts to maintain
museum operations through public-private partnerships;
and
‘‘(D) an analysis of the cost to transport, consolidate,
and preserve the historical collections contained in the
museum; and
‘‘(2) a period of 90 days has elapsed after the date on
which such notice is received by such committees.
‘‘(d) FUNDING AND SUPPORT.—Consistent with applicable law,
the Secretary of the Navy may enter into partnerships, including
with nonprofit organizations, to enhance the financial sustainability
and public engagement of the museums in the United States
Museum System.’’.
SEC. 376. ESTABLISHMENT OF AIR FORCE AND SPACE FORCE MUSEUM
SYSTEM.
Chapter 979 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 9784. Air Force and Space Force Museum System
‘‘(a) IN GENERAL.—The Secretary of the Air Force shall support
a system of official Air Force and Space Force museums within
the Department of the Air Force. Such system shall include the
National Museum of the United States Air Force and may contain
other museums honoring individual installations, units, and
branches, as designated by the Secretary of the Air Force, that
meet criteria established under subsection (b).
‘‘(b) CRITERIA
FOR DESIGNATION.—The Secretary of the Air
Force shall establish criteria for designating museums of subsection
(a) for inclusion in the Air Force and Space Force museum system.
Such criteria shall include—
S. 1071—124
‘‘(1) historical significance to Air Force and Space Force
operations, technology, or personnel;
‘‘(2) public accessibility and educational outreach programs;
and
‘‘(3) alignment with the mission of the Air Force and Space
Force to preserve the heritage of the Air Force and Space
Force.
‘‘(c) CRITERIA FOR CLOSURE.—The Secretary of the Air Force
shall establish criteria for the closure of museums within the Air
Force and Space Force museum system. No museum within such
system may be closed until—
‘‘(1) the Secretary of the Air Force submits to the Commit-
tees on Armed Services of the House of Representatives and
the Senate notice that includes—
‘‘(A) a plan for the preservation, storage, or alternate
display of historical collections contained in the museum;
‘‘(B) how any issues relating to museum personnel
will be resolved;
‘‘(C) an identification of any efforts to maintain
museum operations through public-private partnerships;
and
‘‘(D) an analysis of the cost to transport, consolidate,
and preserve the historical collections contained in the
museum; and
‘‘(2) a period of 90 days has elapsed after the date on
which such notice is received by such committees.
‘‘(d) FUNDING AND SUPPORT.—Consistent with applicable law,
the Secretary may enter into partnerships, including with nonprofit
organizations, to enhance the financial sustainability and public
engagement of the museums in the Air Force and Space Force
museum system.’’.
SEC. 377. TRANSPORTATION OF CERTAIN DOMESTIC ANIMALS BY FOR-
EIGN AIR CARRIERS.
Section 40118 of title 49, United States Code, is amended—
(1) by redesignating subsections (c) through (g) as sub-
sections (d) through (h), respectively;
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) TRANSPORTATION OF CERTAIN DOMESTIC ANIMALS BY FOR-
EIGN AIR CARRIERS.—
‘‘(1) IN
GENERAL.—This section does not preclude the
transportation of a passenger and the property of such pas-
senger by a foreign air carrier if—
‘‘(A) such passenger is a member of the Armed Forces
or civilian employee of the Department of Defense;
‘‘(B) such property includes at least 1 and not more
than 3 domestic animals traveling with such passenger;
‘‘(C) such transportation is—
‘‘(i) between a place in the United States and a
place outside the United States; or
‘‘(ii) between 2 places outside the United States;
and
‘‘(D) no air carrier holding a certificate under section
41102 is willing and able to provide such transportation.
‘‘(2) RESPONSIBILITY
OF
INDIVIDUAL
TO
COVER
CERTAIN
COSTS.—If the cost for the transportation of a passenger and
S. 1071—125
property under paragraph (1) exceeds the cost that would have
been owed had such transportation been provided by an air
carrier holding a certificate under section 41102, the passenger
shall be responsible for paying the difference between such
amounts.
‘‘(3) DOMESTIC ANIMAL DEFINED.—In this section, the term
‘domestic animal’ means a domestic cat (Felis catus) or a
domestic dog (Canis familiaris).’’; and
(3) in subsection (e), as redesignated by paragraph (1),
by striking ‘‘subsections (a) and (c)’’ and inserting ‘‘subsections
(a) and (d)’’.
SEC. 378. MINIMUM STANDARDS FOR MILITARY WORKING DOG KEN-
NELS AND FACILITIES.
(a) ESTABLISHMENT OF MINIMUM STANDARDS.—Not later than
180 days after the date of the enactment of this Act, the Secretary
of Defense, in consultation with the Secretary of each military
department, veterinary experts, and military working dog program
managers, shall establish minimum standards for kennels and other
facilities used to house military working dogs. Such minimum stand-
ards shall include each of the following:
(1) Requirements for space and design to ensure each mili-
tary working dog has sufficient space to stand, turn around,
lie down comfortably, and engage in natural behaviors.
(2) Standards for environmental conditions to ensure ade-
quate ventilation, temperature control, and protection from
extreme weather conditions.
(3) Standards for sanitation and hygiene to ensure kennels
and other facilities can be easily cleaned and disinfected.
(4) Requirements related to safety and security to prevent
military working dogs from escaping and being injured and
preventing access to kennels and other facilities by unauthor-
ized individuals.
(5) Standards for access to veterinary care to address the
routine and emergency medical care needs of military working
dogs, either at a military veterinary treatment facility or
through sufficient on-site veterinary capabilities.
(6) Requirements related to daily access to exercise areas.
(7) Required annual inspections to ensure compliance with
such standards.
(8) Such other standards and requirements as the Secretary
of Defense determines are appropriate.
(b) IMPLEMENTATION AND COMPLIANCE.—
(1) EXISTING FACILITIES.—
(A) ASSESSMENT.—Not later than one year after the
date of the establishment of the standards required under
subsection (a), the Secretary of Defense, acting through
the Executive Agent for the Department of Defense Military
Working Dog Program, shall ensure that each kennel and
other facility used to house military working dogs under
the jurisdiction of the Department of Defense is assessed
to determine the extent to which such kennel or facility
is in compliance with such standards.
(B) MODIFICATION.—Not later than three years after
the date of the enactment of this Act, the Secretary, acting
through the Executive Agent, shall ensure that each such
S. 1071—126
kennel and facility is modified to the extent required to
comply with such standards.
(2) NEW FACILITIES.—The Secretary, acting through the
Executive Agent, shall ensure that any kennel or other facility
used to house military working dogs under the jurisdiction
of the Department that is constructed or renovated after the
date of the enactment of this Act is in compliance with such
standards before such kennel or facility is used to house such
a military working dog.
(c) WAIVER AUTHORITY.—The Secretary of Defense may waive
a specific requirement or standard developed under subsection (a),
on a case-by-case basis, if the Secretary determines that such a
waiver is required to provide for a temporary deployment or due
to exigent circumstances. The Secretary may not issue a waiver
under this subsection unless the Secretary—
(1) provides for the implementation of alternative measures
to ensure the welfare of any dogs affected by the waiver; and
(2) submits to the Committees on Armed Services of the
Senate and House of Representatives a report containing notice
of the waiver, a justification for such waiver, and a description
of the alternative measures provided under paragraph (1).
SEC. 379. RESTROOM ACCESS AT MILITARY INSTALLATIONS FOR CER-
TAIN TRANSPORTATION SERVICE PROVIDERS.
(a) RESTROOM ACCESS.—The Secretary of Defense shall take
such steps as may be necessary to ensure that, with respect to
each covered location, there is a restroom—
(1) located at or in close proximity to the covered location;
(2) to which any covered driver, while providing a transpor-
tation protective service involving the transport of sensitive
cargo to or from the covered location on behalf of the Depart-
ment of Defense, is authorized access;
(3) that to the extent practicable, provides for privacy,
hand washing, accessibility, and gender-specific needs; and
(4) in the case of a portable restroom, that is vented and
equipped with adequate lighting (which may be achieved
through supplementation with a temporary lighting source,
as necessary).
(b) LOCATION.—The location of a restroom under subsection
(a)(1) may not be a location to which access by the covered driver
would result in—
(1) a security risk, as determined by the Secretary;
(2) a health or safety risk to the covered driver; or
(3) a violation of any other regulation or policy of the
Department.
(c) NOTIFICATION OF NONCOMPLIANCE.—In carrying out sub-
section (a), the Secretary shall—
(1) establish a process by which a covered driver may
provide to the Secretary timely notification of any covered
location with respect to which access to a restroom is not
provided consistent with such subsection; and
(2) upon receiving such a notification, coordinate with the
commander of the military installation concerned or other
appropriate officer or employee of the Department to ensure
such access is provided.
(d) DEFINITIONS.—In this section:
S. 1071—127
(1) The terms ‘‘arms, ammunition, and explosives’’, ‘‘safe
haven’’, ‘‘secure holding area’’, ‘‘secure holding location’’, and
‘‘transportation protective service’’ have the meanings given
those terms in the publication of the United States Army
Transportation Command issued October 4, 2024, and titled
‘‘Military
Freight
Traffic
Unified
Rules
Publication-1
(MFTURP-1)’’, or any successor thereto.
(2) The term ‘‘commercial motor vehicle’’ has the meaning
given that term in section 31101 of title 49, United States
Code.
(3) The term ‘‘covered driver’’ means an operator of a
commercial motor vehicle—
(A) authorized to provide a transportation protective
service on behalf of the Department of Defense; and
(B) subject to requirements for qualifications and max-
imum hours of service under section 31502(b) of title 49,
United States Code.
(4) The term ‘‘covered location’’ means a safe haven, secure
holding area, or secure holding location at a military installa-
tion or other facility of the Department of Defense.
(5) The terms ‘‘facility’’ and ‘‘military installation’’ have
the meanings given those terms in section 2801(c) of title 10,
United States Code.
(6) The term ‘‘sensitive cargo’’ means—
(A) arms, ammunition, and explosives;
(B) classified material; or
(C) any other cargo, or category thereof, the Secretary
of Defense determines sensitive for purposes of this section.
SEC. 380. USE OF EXPEDITIONARY SOLID WASTE DISPOSAL SYSTEMS
BY DEPARTMENT OF DEFENSE.
(a) EXPEDITIONARY SOLID WASTE DISPOSAL SYSTEMS.—
(1) AUTHORIZED USE.—The Secretary of Defense may use
expeditionary solid waste disposal systems for the destruction
of covered materials.
(2) EQUIPPING
AND
AVAILABILITY
OF
SYSTEMS.—Expedi-
tionary solid waste disposal systems units deployed for use
in accordance with paragraph (1) shall be—
(A) equipped to support operations relating to border
security and the elimination of contraband; and
(B) made available with respect to military installa-
tions, forward operating bases, and the security forces of
allies and partners of the United States as necessary to
assist in countering infiltration and the unauthorized use
of military assets of the United States.
(b) PROHIBITION ON USE OF OPEN-AIR BURN PITS TO DISPOSE
OF COVERED MATERIAL.—In addition to the prohibition on the dis-
posal of certain wastes in open-air burn pits under section 317
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111–84; 10 U.S.C. 2701 note), the Secretary of Defense
may not use open-air burn pits for the disposal of any covered
material.
(c) COVERED MATERIAL DEFINED.—In this section, the term
‘‘covered material’’ means the following:
(1) Contraband or other property that is illegal to possess,
including seized counterfeit materials and unauthorized mili-
tary equipment.
S. 1071—128
(2) Classified equipment or materials.
SEC. 381. PILOT PROGRAM FOR CONTRACTED AMPHIBIOUS AIR
RESOURCES FOR THE AREA OF RESPONSIBILITY OF THE
UNITED STATES INDO-PACIFIC COMMAND.
(a) AUTHORITY.—The Secretary of Defense, in conjunction with
the Secretary of the Navy and the Commander of the United States
Indo-Pacific Command, may carry out a pilot program for the con-
tracted operation of a fleet of commercial amphibious aviation
resources to be made available to the commanders of the combatant
commands and the commanders of other components of the Depart-
ment of Defense for mission tasking within the area of responsibility
of the United States Indo-Pacific Command.
(b) FIELDING AND ADJUDICATING MISSION REQUESTS.—The Com-
mander of the United States Indo-Pacific Command shall establish
a process to field and adjudicate mission requests pursuant to
the pilot program under subsection (a) in a timely manner.
(c) TERMINATION.—The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is three
years after the date of the enactment of this Act.
SEC. 382. INITIATIVE TO CONTROL SPREAD OF GREATER BANDED HOR-
NET IN GUAM.
(a) IN GENERAL.—The Secretary of Defense shall enhance
efforts to manage, control, and interdict the greater banded hornet
on military installations in Guam.
(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 greater banded hornet
on military installations and to prevent the introduction or
spread of the greater banded hornet to areas where such hornet
has not yet been established.
(2) Providing support for interagency and intergovern-
mental response efforts to control, interdict, monitor, and eradi-
cate the greater banded hornet on military installations in
Guam.
(3) Pursuing chemical, biological, and other control tech-
niques, technology transfer, and best practices to support
management, control, interdiction and, where possible, eradi-
cation of the greater banded hornet in Guam.
(4) Establishing an early detection and rapid response
mechanism to monitor and deploy coordinated efforts if the
greater banded hornet, or an other newly detected invasive
alien species, is detected at new sites on military installations
in Guam.
(5) Carrying out such other activities as the Secretary
determines appropriate to manage, control, and interdict the
greater banded hornet on military installations in Guam.
(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 greater banded
hornet on military installations in Guam.
S. 1071—129
SEC. 383. RESERVE MOBILIZATION EXERCISE TO ASSESS THE CAPA-
BILITY OF THE ARMED FORCES TO RESPOND TO A HIGH-
INTENSITY CONTINGENCY IN THE INDO-PACIFIC REGION.
(a)
INDO-PACIFIC
MOBILIZATION
AND
READINESS
STUDY
REQUIRED.—Not later than one year after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff and the Commander of United
States Indo-Pacific Command, shall conduct a comprehensive joint
mobilization and sustainment readiness study (modeled on the 1978
exercise referred to as ‘‘Nifty Nugget’’) to assess the capability
of the Armed Forces to respond to a high-intensity contingency
in the Indo-Pacific region.
(b) ELEMENTS OF THE STUDY.—The study required under sub-
section (a) shall include the following:
(1) An assessment of the ability to rapidly mobilize, deploy,
and sustain active and reserve component forces in response
to a conflict scenario involving the Taiwan Strait, South China
Sea, or similar Indo-Pacific flashpoint.
(2) An evaluation of strategic lift and sustainment capabili-
ties across military departments, including maritime sealift,
airlift, rail, road networks, and prepositioned stocks.
(3)
Identification
of
critical
logistics
vulnerabilities,
mobilization bottlenecks, and command and control challenges.
(4) Analysis of interagency coordination procedures and
integration with civilian emergency support capabilities.
(5) An evaluation of joint and allied interoperability, with
particular attention to coordination mechanisms with Japan,
Australia, the Philippines, and Taiwan.
(6) The civilian skills inventory described in subsection
(c).
(c) CIVILIAN SKILLS INVENTORY OF THE RESERVE COMPONENT.—
As part of the study required under subsection (a), the Secretary
of Defense, acting through the Under Secretary of Defense for
Personnel and Readiness, shall conduct a civilian skills inventory
of the reserve components of the Armed Forces to identify and
assess the non-military qualifications and talents of reservists,
including—
(1) foreign language proficiency and cultural expertise;
(2) advanced academic credentials, including master’s
degrees, doctoral degrees, and scientific research experience;
(3) industrial and technical skills, including cybersecurity,
software development, engineering, logistics, manufacturing,
and data science;
(4) critical infrastructure and emergency response exper-
tise; and
(5) private-sector leadership and innovation experience rel-
evant to defense mobilization and sustainment.
(d) REPORTING REQUIREMENTS.—Not later than two years after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report that
includes—
(1) the results, findings, and recommendations of the
mobilization and readiness study required under subsection
(a);
(2) a summary of the civilian skills inventory of the reserve
components conducted under subsection (c), including rec-
ommendations for how such skills can be leveraged to support
S. 1071—130
contingency planning, civil-military integration, and surge oper-
ations;
(3) a comparative analysis of best practices by each Armed
Force with respect to—
(A) mobilizing members of the reserve components for
wartime or emergency augmentation;
(B) identifying, tracking, and using civilian-acquired
skills of reservists; and
(C) executing logistical lift and sustainment operations,
including Navy-led maritime port operations, Army-man-
aged rail and overland transport, Air Force strategic airlift
capacity, and Marine Corps expeditionary logistics; and
(4) an estimate of—
(A) the number of members of the reserve components
who are likely to be available and required to reinforce
forward-deployed active duty units during the first 30,
60, and 90 days of a major Indo-Pacific contingency; and
(B) the number of members of the reserve components
required to support full-scale mobilization and logistics
surge operations within the United States, including
domestic transportation nodes, sustainment hubs, ports of
embarkation, mobilization training centers, and other
homeland support functions necessary to enable and sus-
tain global operations.
SEC. 384. LIMITATION ON TRANSFORMATION BY THE ARMY OF PRI-
MARY
HELICOPTER
TRAINING
PROGRAM
AT
FORT
RUCKER, ALABAMA.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2026 for the Army may be obligated or expended to
solicit proposals or award a contract for the implementation of
any transformation of the Initial Entry Rotary Wing training pro-
gram at Fort Rucker, Alabama, until—
(1) the completion of the Part 141 Helicopter Flight School
Training Pilot proof of concept plan conducted by the Depart-
ment of the Army and the Federal Aviation Administration,
including—
(A) all three phases of Initial Entry Rotary Wing
Training Phases 1 & 2 and Phase 3 Warfighter Tactical
Training Phase; and
(B) the evaluation of the effectiveness of the training
pilot, which shall include the results of six classes of eight
students each (48 students total);
(2) the Secretary of the Army (in this section referred
to as the ‘‘Secretary’’) has fully assessed and validated the
outcomes of the training pilot, including with respect to cost,
operational effectiveness, safety, and training efficacy;
(3) the Secretary submits to the congressional defense
committees a report that includes a detailed description of
the results of the training pilot and the rationale for any
proposed changes to training systems or platforms resulting
from such training pilot; and
(4) the Secretary provides to the congressional defense
committees a briefing that includes—
(A) an identification of the outcomes and findings of
the training pilot referred to in paragraph (1);
S. 1071—131
(B) an assessment of the cost-effectiveness and oper-
ational and training readiness resulting from the training
pilot;
(C) any recommendations for future procurement or
contracting activity related to training initiatives similar
to the training pilot; and
(D) the course of action proposed by the Secretary
relating to any such transformation.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
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; Reports
Sec. 421. Military personnel.
Sec. 422. Streamlining of total force reporting requirements.
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, 2026, as follows:
(1) The Army, 454,000.
(2) The Navy, 344,600.
(3) The Marine Corps, 172,300.
(4) The Air Force, 321,500.
(5) The Space Force, 10,400.
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, 2026, as follows:
(1) The Army National Guard of the United States, 328,000.
(2) The Army Reserve, 172,000.
(3) The Navy Reserve, 57,500.
(4) The Marine Corps Reserve, 33,600.
(5) The Air National Guard of the United States, 106,300.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 8,500.
(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
S. 1071—132
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 of 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, 2026, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,409.
(4) The Marine Corps Reserve, 2,400.
(5) The Air National Guard of the United States, 25,982.
(6) The Air Force Reserve, 6,218.
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 2026 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,
21,294.
(2) For the Army Reserve, 6,258.
(3) For the Air National Guard of the United States, 10,405.
(4) For the Air Force Reserve, 6,455.
(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 2026, 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:
S. 1071—133
(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; Reports
SEC. 421. MILITARY PERSONNEL.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2026 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.
(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 2026.
SEC. 422. STREAMLINING OF TOTAL FORCE REPORTING REQUIRE-
MENTS.
(a) REPEAL OF ANNUAL REPORT ON MILITARY TECHNICIANS.—
Section 115a of title 10, United States Code, is amended by striking
subsection (g).
(b) INCORPORATION OF ANNUAL CIVILIAN PERSONNEL MANAGE-
MENT
REPORT
INTO
ANNUAL
DEFENSE
MANPOWER
PROFILE
REPORT.—
(1) IN GENERAL.—Such section is further amended—
(A) by redesignating subsections (d) through (f) as sub-
sections (e) through (g), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
‘‘(d)(1) The Secretary shall include in each report under sub-
section (a) a detailed discussion of the management of the civilian
workforce of the Department of Defense. The discussion shall
include the matter specified in paragraph (2) for the civilian
workforce of—
‘‘(A) the Office of the Secretary of Defense;
‘‘(B) the Defense Agencies;
‘‘(C) the Department of Defense Field Activities; and
‘‘(D) the military departments.’’.
(2) TRANSFER.—Paragraph (2) of section 129(c) of such
title—
(A) is amended, in the matter preceding subparagraph
(A)—
(i) by striking ‘‘Each report under paragraph (1)
shall contain’’ and inserting ‘‘The matter to be included
in each discussion under paragraph (1)’’; and
(ii) by striking ‘‘under the jurisdiction of the official
submitting the report,’’ and inserting ‘‘of each element
of the Department of Defense named in such para-
graph, is’’; and
S. 1071—134
(B) is transferred to section 115a and inserted at the
end of subsection (d) of such section, as added by paragraph
(1) of this subsection.
(3) CONFORMING REPEAL OF REQUIREMENT FOR SEPARATE
ANNUAL
CIVILIAN
PERSONNEL
MANAGEMENT
REPORT.—Section
129 of such title is amended by striking subsection (c).
TITLE V—MILITARY PERSONNEL
POLICY
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Policy
Sec. 501. Space Force general officer management.
Sec. 502. Redistribution of general officers on active duty from the Air Force to the
Space Force.
Sec. 503. Notification of removal of officers from selection board reports and pro-
motion lists.
Sec. 504. Chaplains: career flexibility; detail as students at schools for education
required for appointment.
Sec. 505. Temporary increase in fiscal year percentage limitation for reduction or
waiver of service-in-grade requirement for general and flag officers to be
retired in pay grades O-7 and O-8.
Sec. 506. Notice of removal of Judge Advocates General.
Sec. 507. Authority to waive prohibition on officers serving on successive selection
boards for boards to consider officers for promotion to major general or
rear admiral.
Sec. 508. Establishment of blast safety officer positions.
Subtitle B—Reserve Component Management
Sec. 511. Active and inactive transfers of officers of the Army National Guard and
Air Force National Guard.
Sec. 512. National Guard: Active Guard and Reserve duty in response to a State
disaster.
Sec. 513. Report on effect of equipment shortfalls on ability of National Guard to
perform homeland defense activities.
Sec. 514. Report on National Guard sexual assault prevention and response train-
ing.
Sec. 515. Study and report on members of the reserve components: consideration of
amount of time of service in activation; authority to waive limitation on
release from active duty.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Individual Longitudinal Exposure Record: codification; expansion.
Sec. 522. Women’s initiative teams.
Sec. 523. Honorary promotions on the initiative of the Department of Defense.
Sec. 524. Enhanced efficiency and service discretion for Disability Evaluation Sys-
tem reviews.
Sec. 525. Requirement of equal opportunity, racial neutrality, and exclusive use of
merit in military personnel actions.
Sec. 526. Report on adequacy of reimbursement for costs of permanent change of
station.
Subtitle D—Recruitment and Accession
Sec. 531. Recruiter access to secondary schools.
Sec. 532. Alternative service in areas of national interest by individuals denied en-
listment.
Sec. 533. Medical accession standards for members of the Armed Forces.
Sec. 534. Clarifying the calculation of enlistments for persons whose score on the
Armed Forces Qualification Test is below a prescribed level for the fu-
ture servicemember preparatory course.
Sec. 535. Selective Service System: automatic registration.
Subtitle E—Member Training
Sec. 541. Junior Reserve Officers’ Training Corps instructor qualifications.
Sec. 542. Number of Junior Reserve Officers’ Training Corps units.
S. 1071—135
Sec. 543. Requirements with respect to motorcycle safety training.
Sec. 544. Repeal of annual certifications related to the Ready, Relevant Learning
initiative of the Navy.
Sec. 545. Mandatory training on government ethics and national security law.
Sec. 546. Temporary authority to provide bonuses to Junior Reserve Officers’ Train-
ing Corps instructors.
Sec. 547. Pilot program for generative artificial intelligence and spatial computing
for performance training and proficiency assessment.
Sec. 548. Limitation on authority to reorganize the Senior Reserve Officers’ Train-
ing Corps of the Army.
Sec. 549. Accreditation of National Guard Marksmanship Training Center.
Subtitle F—Member Education
Sec. 551. Modification to maximum years of service for eligibility detail as a stu-
dent at a law school.
Sec. 552. Inclusion of Space Force education programs in definitions regarding pro-
fessional military education.
Sec. 553. Asynchronous instruction in distance education option for professional
military education.
Sec. 554. Center for Strategic Deterrence and Weapons of Mass Destruction Stud-
ies.
Sec. 555. Military service academy nominations.
Sec. 556. Modifications to alternative obligation for cadets and midshipmen.
Sec. 557. Modification to the designation of Members of the House of Representa-
tives to the Boards of Visitors of Service Academies.
Sec. 558. Director of Admissions of the United States Naval Academy.
Sec. 559. Detail of members of the Space Force as instructors at Air Force Institute
of Technology.
Sec. 559A. Prohibition on participation of males in athletic programs or activities
at the military service academies that are designated for women or
girls.
Sec. 559B. Organization of Army War College.
Subtitle G—Military Justice and Other Legal Matters
Sec. 561. Qualifications for judge advocates.
Sec. 562. Ensuring the availability of legal advice to commanders.
Sec. 563. Analysis of potential modifications to the offense of wrongful broadcast or
distribution of intimate visual images under the Uniform Code of Mili-
tary Justice.
Sec. 564. Revision to sexual assault prevention and response training guidance.
Sec. 565. Notification of military sex offenders at military installations.
Sec. 566. Analysis of the advisability of modifying the definition of abusive sexual
contact under the Uniform Code of Military Justice.
Sec. 567. Analysis of the advisability of establishing a punitive article for child por-
nography-related offenses under the Uniform Code of Military Justice.
Subtitle H—Career Transition
Sec. 571. Transition Assistance Program: amendments; pilot program; reports.
Sec. 572. Amendments to pathways for counseling in Transition Assistance Pro-
gram.
Sec. 573. Improvements to information-sharing to support individuals retiring or
separating from the Armed Forces.
Subtitle I—Family Programs, Child Care, and Dependent Education
Sec. 581. Notification of suspected child abuse that occurs at a military child devel-
opment center.
Sec. 582. Enrollment of children of certain American Red Cross employees in
schools operated by the Department of Defense Education Activity.
Sec. 583. Ensuring access to DODEA schools for certain members of the reserve
components.
Sec. 584. Authorization of dual or concurrent enrollment programs for students of
Defense Dependent Schools.
Sec. 585. Restrictions on certain actions relating to DODEA schools and military
child development centers.
Sec. 586. Extension of pilot program to provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 587. Military OneSource: information regarding maternal health care.
Sec. 588. Assistance for deployment-related support of members of the Armed
Forces undergoing deployment and their families beyond the Yellow Rib-
bon Reintegration Program.
Sec. 589. Certain assistance to local educational agencies that benefit dependents
of military and civilian personnel.
S. 1071—136
Sec. 589A. Verification of reporting of eligible federally connected children for pur-
poses of Federal impact aid programs.
Sec. 589B. Regulations on the use of portable electronic mobile devices in Depart-
ment of Defense Education Activity schools.
Sec. 589V. Management of special education in schools operated by Department of
Defense Education Activity.
Sec. 589D. Pilot program to increase payments for child care services in high-cost
areas.
Subtitle J—Decorations and Awards, Reports, and Other Matters
Sec. 591. Authorization for award of Medal of Honor to E. Royce Williams for acts
of valor during the Korean War.
Sec. 592. Authorization for posthumous award of the distinguished-service cross to
Isaac ‘‘Ike’’ Camacho for acts of valor in Vietnam.
Sec. 593. Compliance with travel charge card deactivation requirements.
Subtitle A—Officer Policy
SEC. 501. SPACE FORCE GENERAL OFFICER MANAGEMENT.
(a) DISTRIBUTION
OF
COMMISSIONED
OFFICERS
ON
ACTIVE
SERVICE IN GENERAL OFFICER GRADES.—Section 525 of title 10,
United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting
‘‘or the Space Force officer list’’ after ‘‘officer on the active
duty list’’; and
(B) in paragraph (5)—
(i) in subparagraph (A), by striking ‘‘officers in
the grade of general’’ and inserting ‘‘officers on sus-
tained duty orders in the grade of general’’;
(ii) in subparagraph (B), by striking ‘‘officers in
a grade above’’ and inserting ‘‘officers on sustained
duty orders in a grade above’’; and
(iii) in subparagraph (C), by striking ‘‘officers in
the grade’’ and inserting ‘‘officers on sustained duty
orders in the grade’’; and
(2) in subsection (h), by adding at the end the following
new paragraph:
‘‘(3) The limitations of this section do not apply to a Space
Force general officer serving in a Space Force active status but
not on sustained duty orders, and who is on active service for
a period in excess of 365 days but not to exceed three years.
Unless authorized by the Secretary of Defense, the number of
Space Force general officers covered by this subsection and not
serving in a joint duty assignment for purposes of chapter 38
of this title may not exceed two. Not later than 30 days after
authorizing more than two Space Force general officers covered
by this subsection, the Secretary of Defense shall provide the
notification required in accordance with paragraph (2).’’.
(b) AUTHORIZED STRENGTH OF SPACE FORCE GENERAL OFFICERS
ON ACTIVE SERVICE.—Section 526 of such title is amended—
(1) in subsection (c)—
(A) in the subsection heading, by inserting ‘‘AND OF
THE SPACE FORCE’’ after ‘‘COMPONENTS’’;
(B) in paragraph (1), by inserting ‘‘or of the Space
Force’’ after ‘‘a reserve component’’;
(C) in paragraph (2), by adding at the end the following
new subparagraph:
S. 1071—137
‘‘(D) The Secretary of the Air Force may authorize not
more than two of the general officers authorized to serve in
the Space Force under section 20110 of this title to serve
on active service for a period of at least 180 days and not
longer than 365 days.’’; and
(D) in paragraph (3)(A), by inserting ‘‘, or a Space
Force general officer in a Space Force active status not
on sustained duty,’’ after ‘‘a reserve component’’; and
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘officer; or’’ and
inserting ‘‘officer;’’;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) a Space Force officer in the grade of brigadier general
or above who is pending transition off of sustained duty orders,
but only during the 60-day period preceding the end date of
such orders.’’.
(c) STRENGTH IN GRADE: SPACE FORCE GENERAL OFFICERS IN
A SPACE FORCE ACTIVE STATUS NOT ON SUSTAINED DUTY.—Chapter
2003 of such title is amended by adding at the end the following
new section:
‘‘§ 20110. Strength in grade: Space Force general officers in
a Space Force active status, not on sustained duty
‘‘(a) AUTHORIZED STRENGTH.—The authorized strength of gen-
eral officers in the Space Force serving in a Space Force active
status but not on sustained duty is five.
‘‘(b) EXCLUSIONS.—The following Space Force general officers
shall not be counted for purposes of this section:
‘‘(1) Those counted under section 526 of this title.
‘‘(2) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of officers
who may be excluded under this paragraph may not exceed
two.
‘‘(c) PERMANENT GRADE.—A Space Force general officer may
not be reduced in permanent grade because of a reduction in the
number authorized under subsection (a).
‘‘(d) TEMPORARY EXCLUSION.—The limitations of subsection (a)
do not apply to an officer released from a joint duty assignment
or other non-joint active service assignment, but only during the
60-day period beginning on the date the officer departs the joint
duty or other active service assignment. The Secretary of Defense
may authorize the Secretary of the Air Force to extend the 60-
day period by an additional 120 days, except that not more than
three Space Force officers may be covered by an extension under
this subsection at the same time.’’.
SEC. 502. REDISTRIBUTION OF GENERAL OFFICERS ON ACTIVE DUTY
FROM THE AIR FORCE TO THE SPACE FORCE.
Section 526(a) of title 10, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘171’’ and inserting ‘‘168’’;
and
(2) in paragraph (5), by striking ‘‘21’’ and inserting ‘‘24’’.
SEC. 503. NOTIFICATION OF REMOVAL OF OFFICERS FROM SELECTION
BOARD REPORTS AND PROMOTION LISTS.
(a) REGULAR COMPONENTS.—
S. 1071—138
(1) SELECTION BOARD REPORTS.—Section 618(d) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
‘‘(3) The Secretary of Defense shall notify the congressional
defense committees of the removal of the name of an officer from
the report of a selection board by the President or the Secretary
or Deputy Secretary of Defense under paragraph (1) or paragraph
(2), respectively, for any reason other than misconduct—
‘‘(A) not later than 30 days after the name of an officer
is removed; and
‘‘(B) prior to submission to the Senate of a promotion list
with respect to such report pursuant to section 624(c) of this
title.’’.
(2) PROMOTION LISTS.—Section 629(a) of title 10, United
States Code, is amended by adding at the end the following:
‘‘The President shall notify the congressional defense commit-
tees not later than 30 days after removing the name of an
officer from such list for any reason other than misconduct.’’.
(b) RESERVE COMPONENTS.—Section 14111(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
‘‘(3) The Secretary of Defense shall notify the congressional
defense committees of the removal of the name of an officer from
the report of a selection board by the President or the Secretary
or Deputy Secretary of Defense under paragraph (1) or paragraph
(2), respectively, for any reason other than misconduct—
‘‘(A) not later than 30 days after the name of an officer
is removed; and
‘‘(B) prior to submission to the Senate of a promotion list
with respect to such report pursuant to section 12203 of this
title.’’.
SEC. 504. CHAPLAINS: CAREER FLEXIBILITY; DETAIL AS STUDENTS
AT SCHOOLS FOR EDUCATION REQUIRED FOR APPOINT-
MENT.
(a) CAREER FLEXIBILITY FOR CHAPLAINS.—Subsection (a) of sec-
tion 710 of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Each Secretary’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Notwithstanding subsection (b)(1), if the Secretary of a
military department carries out a program under paragraph (1),
such Secretary shall, pursuant to this section, inactivate a member
who completes a detail under section 2004c of this title upon the
completion of such detail for such period of time as the Secretary
determines appropriate so such member may perform religious min-
istry that meets professional requirements for appointment as a
chaplain in the military department concerned.’’.
(b) DETAIL AS STUDENTS AT SCHOOLS FOR EDUCATION REQUIRED
FOR APPOINTMENT AS A CHAPLAIN.—Chapter 101 of title 10, United
States Code, is amended by inserting after section 2004b the fol-
lowing new section 2004c:
‘‘§ 2004c. Detail as students at schools for education required
for appointment as a chaplain: commissioned offi-
cers; certain enlisted members
‘‘(a) DETAIL AUTHORIZED.—(1) The Secretary of each military
department may detail commissioned officers and enlisted members
S. 1071—139
of the armed forces as students at accredited colleges, universities,
and schools of theology, located in the United States, for a period
of training leading to a graduate degree that meets the educational
requirements for appointment as a chaplain in the armed forces.
‘‘(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.
‘‘(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).
‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for detail under
subsection (a), an officer or enlisted member must be a citizen
of the United States and must—
‘‘(1)(A) 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 as of the time the
training is to begin; or
‘‘(B) 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 E–5 or above as of the time the
training is to begin;
‘‘(2) in the case of an enlisted member, meet all require-
ments for acceptance of a commission as a commissioned officer
in the armed forces; and
‘‘(3) sign an agreement that unless sooner separated the
officer or enlisted member will—
‘‘(A) complete the educational course of chaplaincy
training; and
‘‘(B) if the Secretary of the military department con-
cerned carries out a program under section 710 of this
title—
‘‘(i) agree to be inactivated for a period of time
under subsection (a)(2) of such section upon completion
of a detail under this section; and
‘‘(ii) accept transfer or detail as a chaplain in the
military department concerned upon completion of the
period described in clause (i).
‘‘(c) LIMITATION ON SERVICE CREDIT.—Notwithstanding section
533 of this title, a commissioned officer of the armed forces who
completes a detail under this section may not be credited with
more than four years of constructive service under such section
533 upon original appointment to the armed forces as a chaplain.
‘‘(d) SERVICE OBLIGATION.—(1) Subject to paragraph (2), the
agreement of an officer or enlisted member under subsection (b)
shall provide that the officer or enlisted member shall serve on
active duty for two years for each year or part thereof of chaplaincy
training completed under subsection (a), except that such agreement
may not require more than a total of six years of service on active
duty.
‘‘(2) The agreement of an officer or enlisted member under
subsection (b) may authorize the officer or enlisted member to
serve a portion of a service obligation on active duty and to complete
S. 1071—140
the service obligation that remains upon separation from active
duty in the Selected Reserve, in which case the officer or enlisted
member shall serve three years in the Selected Reserve for each
year or part thereof of the chaplaincy training of such officer or
enlisted member under subsection (a) for any service obligation
that was not completed before separation from active duty, except
that such agreement may not require more than a total of nine
years of service in the Selected Reserve.
‘‘(e) SELECTION
OF OFFICERS
AND ENLISTED MEMBERS
FOR
DETAIL.—The Secretary of the military department concerned shall
select officers and enlisted members for detail for chaplaincy
training under subsection (a)—
‘‘(1) on a competitive basis;
‘‘(2) without regard to the duration of ordination or semi-
nary requirements for the chaplaincy training in which an
officer or enlisted member seeks to enroll; and
‘‘(3) based on the needs of the armed forces under the
jurisdiction of the Secretary.
‘‘(f) RELATION
OF SERVICE OBLIGATIONS
TO OTHER SERVICE
OBLIGATIONS.—Any service obligation incurred by an officer or
enlisted member under an agreement entered into under subsection
(b) shall be in addition to any service obligation incurred by such
officer or enlisted member under any other provision of law or
agreement, except that the total service obligation under this section
and any other provision of law or agreement shall not exceed
nine years.
‘‘(g) EXPENSES.—Expenses incident to the detail of officers and
enlisted members under this section shall be paid from any funds
appropriated for the military department concerned.
‘‘(h) FAILURE TO COMPLETE PROGRAM.—An officer or enlisted
member who is dropped from a program of chaplaincy training
to which detailed under subsection (a) for deficiency in conduct
or studies, or for other reasons, may be required to—
‘‘(1) perform active duty in an appropriate military capacity
in accordance with the active duty obligation imposed by regula-
tions issued by the Secretary of Defense, except that in no
case shall an officer or enlisted member be required to serve
on active duty for any period in excess of one year for each
year or part thereof he participated in the program; or
‘‘(2) repay the expenses incident to the detail of such officer
or enlisted member and paid under subsection (f).
‘‘(i) LIMITATION ON DETAILS.—No agreement detailing an officer
or enlisted member of the armed forces to a chaplaincy school
may be entered into during any period in which the President
is authorized by law to induct persons into the armed forces involun-
tarily. Nothing in this subsection shall affect any agreement entered
into during any period when the President is not authorized by
law to so induct persons into the armed forces.
‘‘(j) REPORTS.—Not later than March 31, 2027, and annually
thereafter for five years, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the detail of commissioned officers
and enlisted members of the armed forces under this section during
the preceding fiscal year, including—
‘‘(1) the number of members of the armed forces detailed
under this section, disagreggated by military department and
religious faith of the members;
S. 1071—141
‘‘(2) the number of members of the armed forces who com-
pleted a detail under this section, disaggregated by military
department and religious faith of the members;
‘‘(3) the number of members of the armed forces who have
completed a detail under this section and been appointed as
a chaplain in the armed forces, disaggregated by military
department and religious faith of the members;
‘‘(4) the length of detail and total cost of participation,
including pay, benefits, and educational expenses, for each
member of the armed forces detailed under this section;
‘‘(5) a description of any barriers to participation in details
under this section by religious faiths with lengthier or nontradi-
tional formation requirements and any efforts by the Secretary
to address any shortages of chaplains in the armed forces
for particular religious faiths; and
‘‘(6) any recommendations of the Secretary for legislative
or administrative changes to improve the equity, effectiveness,
or fiscal management of the detail of members of the armed
forces under this section.’’.
SEC. 505. TEMPORARY INCREASE IN FISCAL YEAR PERCENTAGE
LIMITATION FOR REDUCTION OR WAIVER OF SERVICE-IN-
GRADE REQUIREMENT FOR GENERAL AND FLAG OFFICERS
TO BE RETIRED IN PAY GRADES O-7 AND O-8.
During the period beginning on the date of the enactment
of this Act and ending on September 30, 2027, subparagraph (C)
of section 1370(b)(5) of title 10, United States Code, shall be applied
by substituting ‘‘15 percent’’ for ‘‘10 percent’’.
SEC. 506. NOTICE OF REMOVAL OF JUDGE ADVOCATES GENERAL.
(a) ARMY.—Section 7037 of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(f) If the Judge Advocate General is removed from office before
the end of the term of the Judge Advocate General as specified
in subsection (a), the Secretary of Defense shall, not later than
five days after the removal takes effect, submit to the Committees
on Armed Services of the Senate and the House of Representatives
notice that the Judge Advocate General is being removed and
a statement of the reason for the removal.’’.
(b) NAVY.—Section 8088 of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(f) If the Judge Advocate General is removed from office before
the end of the term of the Judge Advocate General as specified
in subsection (b), the Secretary of Defense shall, not later than
five days after the removal takes effect, submit to the Committees
on Armed Services of the Senate and the House of Representatives
notice that the Judge Advocate General is being removed and
a statement of the reason for the removal.’’.
(c) AIR FORCE.—Section 9037 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(g) If the Judge Advocate General is removed from office
before the end of the term of the Judge Advocate General as
specified in subsection (a), the Secretary of Defense shall, not later
than five days after the removal takes effect, submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives notice that the Judge Advocate General is being removed
and a statement of the reason for the removal.’’.
S. 1071—142
SEC. 507. AUTHORITY TO WAIVE PROHIBITION ON OFFICERS SERVING
ON SUCCESSIVE SELECTION BOARDS FOR BOARDS TO
CONSIDER OFFICERS FOR PROMOTION TO MAJOR GEN-
ERAL OR REAR ADMIRAL.
Under regulations prescribed by the Secretary of Defense, the
Secretary of a military department may, during the three-year
period following the date of the enactment of this Act, waive the
limitation in section 612(b)(1) of title 10, United States Code, in
the case of a selection board that will consider officers for rec-
ommendation for promotion to the grade of major general or rear
admiral if the Secretary of the military department determines
that qualified officers on the active-duty list or Space Force officer
list or otherwise authorized to serve on the board are not available
in sufficient number to comprise that selection board.
SEC. 508. ESTABLISHMENT OF BLAST SAFETY OFFICER POSITIONS.
(a) ESTABLISHMENT.—Not later than September 30, 2026, the
Secretary of Defense shall establish blast safety officer positions
in the Army, Navy, Marine Corps, Air Force, and Space Force.
(b) DUTIES.—Duties of a blast safety officer shall include the
following, in accordance with standards established pursuant to
section 735 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 1071
note):
(1) Overseeing the blast overpressure assessment and risk
management program for members of the Armed Forces where
activities present a potential blast overpressure exposure,
including monitoring exposures, ensuring adherence to estab-
lished risk management practices, and elevating risk decisions
to commanders to ensure risks are appropriately managed and
exposures are minimized.
(2) Ensuring that members of the Armed Forces with poten-
tial blast overpressure exposure receive training and education
on associated health risks and mitigation protocols (including
minimum safe distances).
(3) Overseeing the application of exposure controls,
including personal protective equipment and engineering con-
trols, and ensuring wearable sensors are employed for such
members, with exposure data documented in the Defense
Occupational and Environmental Health Readiness System.
(4) Coordinating with occupational and environmental
health professionals to ensure that blast exposed members
receive appropriate medical surveillance follow-up, with results
documented, reported, and integrated into existing Department
of Defense occupational and environmental health processes
and systems.
(5) Maintaining blast overpressure exposure logs in the
Defense Occupational and Environmental Health Readiness
System to inform long-term risk management and medical
surveillance.
(6) Coordinating with range safety officers and personnel
to integrate blast overpressure risk management into range
safety programs, including range design, operation, and modi-
fication.
(c) ASSIGNMENTS.—The Secretary of a military department con-
cerned shall assign a blast safety officer to each component of
an Armed Force where blast overpressure hazards are reasonably
S. 1071—143
anticipated and in such a manner so as to ensure coverage across
operational environments.
(d) TRAINING; CERTIFICATION.—A blast safety officer shall
receive training and maintain a certification in blast safety.
Subtitle B—Reserve Component
Management
SEC. 511. ACTIVE AND INACTIVE TRANSFERS OF OFFICERS OF THE
ARMY NATIONAL GUARD AND AIR FORCE NATIONAL
GUARD.
Section 303 of title 32, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d)(1) Under regulations prescribed by the Secretary of the
Army—
‘‘(A) an officer of the Army National Guard who fills a
vacancy in a federally recognized unit of the Army National
Guard may be transferred from the active Army National Guard
to the inactive Army National Guard; and
‘‘(B) an officer of the Army National Guard transferred
to the inactive Army National Guard pursuant to subparagraph
(A) may be transferred from the inactive Army National Guard
to the active Army National Guard to fill a vacancy in a
federally recognized unit.
‘‘(2) Under regulations prescribed by the Secretary of the Air
Force—
‘‘(A) an officer of the Air National Guard who fills a vacancy
in a federally recognized unit of the Air National Guard may
be transferred from the active Air National Guard to the inac-
tive Air National Guard; and
‘‘(B) an officer of the Air National Guard transferred to
the inactive Air National Guard pursuant to subparagraph
(A) may be transferred from the inactive Air National Guard
to the active Air National Guard to fill a vacancy in a federally
recognized unit.’’.
SEC. 512. NATIONAL GUARD: ACTIVE GUARD AND RESERVE DUTY IN
RESPONSE TO A STATE DISASTER.
(a) IN GENERAL.—Chapter 3 of title 32, United States Code,
is amended by inserting after section 328 the following new section:
‘‘§ 328a. Active Guard and Reserve duty: State disaster
response duty
‘‘(a) AUTHORITY.—The chief executive of a State who has
declared an emergency in such State due to a disaster, may, with
the consent of the Secretary of Defense, order a member of the
National Guard of such State, who is performing Active Guard
and Reserve duty pursuant to section 328 of this title, to perform
duties in response to, or in preparation for, such disaster. Duty
performed under this section shall be referred to as ‘State disaster
response duty’.
‘‘(b) REQUIREMENTS.—State disaster response duty performed
pursuant to this section—
‘‘(1) shall be on a reimbursable basis, in accordance with
subsection (c);
S. 1071—144
‘‘(2) may be performed to the extent that the performance
of such duty does not interfere with the performance of the
member’s primary Active Guard and Reserve duties of orga-
nizing, administering, recruiting, instructing, and training the
reserve components; and
‘‘(3) shall not exceed a total of 14 days per member per
calendar year, except that the Secretary of Defense may, if
the chief executive so requests before the end of the 14th
such day, authorize an extension of the duration of such duty,
not to exceed an additional—
‘‘(A) 7 days, if the Secretary determines that such
extension is appropriate; and
‘‘(B) 46 days if the Secretary determines that such
duty is in support of the response to a catastrophic incident,
as that term is defined in section 501 of the Homeland
Security Act of 2002 (6 U.S.C. 311).
‘‘(c) REIMBURSEMENT.—(1) The Secretary of the military depart-
ment concerned shall charge a State for the fully burdened costs
of manpower for each day of State disaster response duty performed
pursuant to this section.
‘‘(2) Such charges shall be paid from the funds of the State
of the requesting chief executive or from any other non-Federal
funds.
‘‘(3) Any amounts received by a Secretary of a military depart-
ment under this section shall be credited, at the discretion of
the Secretary of Defense, to—
‘‘(A) the appropriation, fund, or account used to pay such
costs; or
‘‘(B) an appropriation, fund, or account available for the
purposes for which such costs were incurred.
‘‘(4) If the State of the requesting chief executive is more
than 90 days in arrears in reimbursing the Secretary of the military
department concerned for State disaster response duty performed
pursuant to this section, such duty may not be performed—
‘‘(A) unless authorized by the Secretary of Defense; and
‘‘(B) after the requesting chief executive obligates funds
for the amount in arrears.
‘‘(d) LIMITATION OF LIABILITY.—While performing State disaster
response duty under this section, a member of the National Guard
is not an instrumentality of the United States with respect to
any act or omission in carrying out such duty. The United States
shall not be responsible for any claim or judgment arising from
the use of a member of the National Guard under this section.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘Active Guard and Reserve duty’ has the
meaning given such term in section 101 of title 10.
‘‘(2) The term ‘State’ has the meaning given such term
in section 901 of this title.’’.
(b) REGULATIONS.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall prescribe
regulations under section 328a of such title, as added by subsection
(a).
S. 1071—145
SEC. 513. REPORT ON EFFECT OF EQUIPMENT SHORTFALLS ON
ABILITY OF NATIONAL GUARD TO PERFORM HOMELAND
DEFENSE ACTIVITIES.
Section 908(b) of title 32, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(5) A description of the effect of any equipment shortfall
on the ability of the National Guard of a State to perform
a homeland defense activity.’’.
SEC. 514. REPORT ON NATIONAL GUARD SEXUAL ASSAULT PREVEN-
TION AND RESPONSE TRAINING.
Not later than 180 days after the date of the enactment of
this Act, and not later than March 30 of each year thereafter
through March 30, 2031, the Chief of the National Guard Bureau,
in coordination with the Secretary of Defense, shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report identifying the number of members
of the National Guard who received sexual assault prevention and
response training in the calendar year preceding the date of the
report, disaggregated by State.
SEC. 515. STUDY AND REPORT ON MEMBERS OF THE RESERVE COMPO-
NENTS: CONSIDERATION OF AMOUNT OF TIME OF SERVICE
IN ACTIVATION; AUTHORITY TO WAIVE LIMITATION ON
RELEASE FROM ACTIVE DUTY.
(a) STUDY.—The Secretary shall conduct a study to determine
the recommendations of the Secretary regarding—
(1) consideration of the amount of time in service or on
active duty of a member of a reserve component in making
a determination to order the member to active duty; and
(2) the ability of a member of a reserve component to
waive the limitation on release from active duty under section
12686(b) of title 10, United States Code.
(b) ELEMENTS.—The study under subsection (a) shall address
the following:
(1) In evaluating the suitability of a member of a reserve
component to be ordered to active duty, whether to consider
the amount of time of service—
(A) in the Armed Forces of such member;
(B) on active duty of such member; and
(C) on active duty by such member that would result
in such member becoming eligible for retired pay or
retainer pay under a purely military retirement system
(other than the retirement system under chapter 1223 of
such title).
(2) Whether to change the applicability of the waiver under
section 12686(b) of such title from an order to active duty
that specifies a period of less than 180 days to an order to
active duty that specifies a period of less than 365 days.
(c) USE OF INFORMATION.—In carrying out this section, the
Secretary concerned may provide, to a person performing an evalua-
tion described in subsection (b)(1), information on the relevant
experience of a member, including the amount of time a member
has performed duties relevant to the duty for which such member
is being evaluated.
(d) REPORT.—Not later than April 1, 2026, the Secretary of
Defense shall submit to the Committees on Armed Services of
S. 1071—146
the Senate and House of Representatives a report containing the
results of the study under this section.
Subtitle C—General Service Authorities
and Military Records
SEC. 521. INDIVIDUAL LONGITUDINAL EXPOSURE RECORD: CODIFICA-
TION; EXPANSION.
(a) EXPANSION.—Chapter 50 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 996. Individual Longitudinal Exposure Record
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall maintain
a data system that is a central web portal for exposure-related
data that compiles, collates, presents, and provides available occupa-
tional and environmental exposure information to support the needs
of the Department of Defense and the Department of Veterans
Affairs. Such data system shall be referred to as the ‘Individual
Longitudinal Exposure Record’.
‘‘(b) ELEMENTS.—The Individual Longitudinal Exposure Record
includes the following elements:
‘‘(1) Service records of members of the armed forces.
‘‘(2) All data available to the Secretary regarding how,
where, and when members of the armed forces have been
exposed to various occupational or environmental hazards.
‘‘(3) Medical records of members relating to exposures
described in paragraph (2), including diagnoses, treatment
plans, and laboratory data.
‘‘(c) SERVICE RECORDS.—If a member is a member described
in paragraph (2) of subsection (b), the Secretary shall include the
data described in such paragraph in the service record of such
member.
‘‘(d) DATA SHARING.—The Secretary shall provide access to
information in the Individual Longitudinal Exposure Record to the
following:
‘‘(1) The Secretary of Veterans Affairs.
‘‘(2) The Director of the Defense Health Agency, for use
by health care providers, epidemiologists, and researchers of
the Department of Defense.
‘‘(3) The Under Secretary for Health of the Department
of Veterans Affairs, for use by health care providers, epidemiolo-
gists, and researchers of such department.
‘‘(4) The Under Secretary for Benefits of the Department
of Veterans Affairs, for use by personnel of such department
regarding compensation and benefits for service-connected
disabilities or death.
‘‘(e) ANNUAL BRIEFING.—(1) The Secretary of Defense shall
submit, to the committees specified in paragraph (2), an annual
briefing regarding the Individual Longitudinal Exposure Record,
including an explanation of how the Secretary intends to include
in the Individual Longitudinal Exposure Record data described
in subsection (b)(2) in cases where part or all of such data is
classified.
‘‘(2) The committees specified in this paragraph are the fol-
lowing:
‘‘(A) The Committee on Armed Services of the Senate.
S. 1071—147
‘‘(B) The Committee on Armed Services of House of Rep-
resentatives.
‘‘(C) The Committee on Veterans’ Affairs of the Senate.
‘‘(D) The Committee on Veterans’ Affairs of the House
of Representatives.’’.
(b) CONFORMING AMENDMENT.—Section 1171(b)(2) of title 38,
United States Code, is amended to read as follows:
‘‘(2) The term ‘Individual Longitudinal Exposure Record’
means the data system maintained under section 996 of title
10.’’.
SEC. 522. WOMEN’S INITIATIVE TEAMS.
(a) IN GENERAL.—Chapter 50 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 997. Establishment of women’s initiative teams
‘‘(a) ESTABLISHMENT.—The Secretary concerned shall establish
a women’s initiative team in each of the Army, Navy, Air Force,
Marine Corps, and Space Force to identify and address barriers,
if any, to the service, recruitment, retention, and advancement
of women in those armed forces.
‘‘(b) DUTIES.—Each women’s initiative team established under
subsection (a) shall—
‘‘(1) identify and address issues, if any, that hinder service
by women in the armed force in which such team is established;
‘‘(2) support the recruitment and retention of women in
such armed force;
‘‘(3) recommend policy changes that support the needs of
women members of such armed force; and
‘‘(4) foster a sense of community.
‘‘(c) COMPOSITION.—Each women’s initiative team established
under subsection (a) shall be composed of members of the armed
force in which such team is established of a variety of ranks,
backgrounds, and occupational specialities.
‘‘(d) COLLABORATION.—A women’s initiative team established
under subsection (a) shall work collaboratively with the leadership
of the armed force in which such team is established and other
stakeholders to carry out the duties described in subsection (b).’’.
(b) REPORTS.—Not later than one year after the date of the
enactment of this Act, and annually thereafter until the date that
is five years after such date, the Secretary of Defense shall submit
to the congressional defense committees a report on the activities
and progress of each women’s initiative team established under
section 996 of title 10, United States Code, as added by subsection
(a). Each report shall include the following:
(1) A description of the structure, membership, and
organizational alignment of each women’s initiative team.
(2) A summary of key activities and initiatives undertaken
by each team.
(3) An assessment of the impact of such activities on
improving conditions for women, including measurable out-
comes where available.
(4) Recommendations for legislative or policy changes to
further support the success of the teams.
SEC. 523. HONORARY PROMOTIONS ON THE INITIATIVE OF THE
DEPARTMENT OF DEFENSE.
Section 1563a of title 10, United States Code, is amended—
S. 1071—148
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘the Secretary may make an hon-
orary promotion (whether or not posthumous) of a
former’’ and inserting ‘‘the Secretary of a military
department
may
make
an
honorary
promotion,
including a posthumous honorary promotion, of a
former’’; and
(ii) by striking ‘‘if the Secretary determines that
the promotion is merited’’; and
(B) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) The honorary grade to which a member described in para-
graph (1) is promoted shall be commensurate with such member’s
contributions to the armed forces or the national defense.
‘‘(3) The Secretary of a military department is not authorized
to make an honorary promotion under paragraph (1) solely on
the basis that a member described in paragraph (1) was rec-
ommended for such promotion prior to separating from the armed
forces.
‘‘(4)(A) The Secretary of a military department is only author-
ized to make an honorary promotion under paragraph (1) upon
receipt of a favorable recommendation by a board of at least three
independent officers convened specifically for the purpose of
reviewing the proposed honorary promotion.
‘‘(B) For purposes of this paragraph, an officer is an independent
officer if—
‘‘(i) the officer has no relationship with the former member
or retired member of the armed forces whose proposed honorary
promotion is the subject of review by the board on which
such officer will serve under this paragraph; and
‘‘(ii) the officer has no personal interest in the proposed
honorary promotion.’’;
(2) in subsection (b), by striking ‘‘The Secretary’’ and
inserting ‘‘The Secretary of a military department’’; and
(3) in subsection (c), by striking ‘‘ the Secretary’’ and
inserting ‘‘the Secretary of the military department concerned’’.
SEC. 524. ENHANCED EFFICIENCY AND SERVICE DISCRETION FOR DIS-
ABILITY EVALUATION SYSTEM REVIEWS.
(a) SECRETARIAL DISCRETION AND STATEMENTS OF CONTENTION
FOR APPEALS TO PHYSICAL EVALUATION BOARD DETERMINATIONS
OF FITNESS
FOR DUTY.—Section 524 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10
U.S.C. 1071 note) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘Not
later than 90 days after the date of the enactment of this
Act, the Secretary’’ and inserting ‘‘The Secretary’’; and
(2) in paragraph (1), by adding at the end the following:
‘‘The Secretary concerned may require submission of a state-
ment of contention as part of the appeal submission.’’.
(b) STATEMENTS OF CONTENTION FOR PHYSICAL EVALUATION
BOARDS.—Section 1214 of title 10, United States Code, is amended
by striking ‘‘if he demands it.’’ and inserting ‘‘if the member
demands it. The Secretary concerned may require submission of
a statement of contention as part of the demand.’’.
S. 1071—149
SEC. 525. REQUIREMENT OF EQUAL OPPORTUNITY, RACIAL NEU-
TRALITY, AND EXCLUSIVE USE OF MERIT IN MILITARY
PERSONNEL ACTIONS.
Section 529C of the National Defense Authorization Act for
Fiscal Year 2024 (10 U.S.C. note prec. 501) is amended, in sub-
section (a), by striking ‘‘or a promotion’’ and inserting ‘‘, promotion,
or command selection’’.
SEC. 526. REPORT ON ADEQUACY OF REIMBURSEMENT FOR COSTS
OF PERMANENT CHANGE OF STATION.
(a) REPORT REQUIRED.—Not later than March 31, 2028, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the adequacy of reimbursements for expenses incurred by mem-
bers of the Armed Forces undergoing a permanent change of station.
(b) SURVEY REQUIREMENTS.—In preparing the report required
under subsection (a), the Secretary of Defense shall—
(1) conduct a comprehensive survey of not fewer than
10,000 members of the Armed Forces who complete a perma-
nent change of station during fiscal year 2026 or 2027 that—
(A) collects detailed information on actual expenses
incurred, both reimbursed and unreimbursed;
(B) includes options for members to upload receipts
and documentation electronically, provided that such
uploads are supplemental and optional;
(C) is designed to ensure statistical validity;
(D) achieves response rates sufficient to ensure rep-
resentative samples from each military department and
pay grade category; and
(E) includes questions regarding financial stress, debt
incurrence, and impact on military retention decisions;
(2) conduct follow-up surveys with a subset of respondents
to gather additional detail on specific cost categories;
(3) survey military spouses separately regarding employ-
ment-related costs and career impacts of permanent changes
of station; and
(4) consult with military relief societies regarding financial
assistance patterns and trends relating to permanent changes
of station.
(c) ELEMENTS.—
(1) ANALYSIS OF REIMBURSEMENT CATEGORIES.—
(A) ANALYSIS.—For each of the categories described
in subparagraph (B), the report required by subsection
(a) shall include—
(i) an identification of all expenses intended to
be covered;
(ii) an identification of related expenses that are
not covered;
(iii) the average actual costs incurred by members
of the Armed Forces for both covered and uncovered
expenses, based on survey data from not fewer than
10,000 permanent changes of station conducted during
fiscal years 2025 and 2026, accounting for peak and
non-peak cycles;
(iv) a comparison of actual costs to reimbursement
amounts;
S. 1071—150
(v) a justification for the inclusion or exclusion
of specific expenses; and
(vi) recommendations for modifications to coverage
or reimbursement rates.
(B) CATEGORIES.—The categories described in this
subparagraph are as follows:
(i) Dislocation allowance.
(ii) Temporary lodging expense and temporary
lodging allowance.
(iii) Per diem allowances.
(iv) Monetary allowance in lieu of transportation.
(v) Personally procured move reimbursements.
(vi) Household goods shipment and storage entitle-
ments.
(vii) Dependent travel allowances.
(viii) Pet transportation reimbursement.
(ix) Any other allowances or reimbursements
related to permanent changes of station.
(2) UNCOVERED EXPENSE ANALYSIS.—The report required
under subsection (a) shall include an examination of expenses
commonly incurred but not reimbursed, including—
(A) security deposits and advance rent payments;
(B) utility and telecommunication connection and dis-
connection fees;
(C) contract termination penalties;
(D) State vehicle registration and driver’s license fees;
(E) pet transportation costs;
(F) temporary storage beyond authorized limits;
(G) childcare registration for dependents; and
(H) replacement of household items damaged or unsuit-
able for new location.
(3) FINANCIAL IMPACT ASSESSMENT.—The report required
under subsection (a) shall include an analysis of the financial
impact of permanent changes of station on members of the
Armed Forces, including—
(A) average out-of-pocket expenses by pay grade;
(B) percentage of members incurring debt due to
expenses related to a permanent change of station;
(C) impact on the emergency savings of members of
the Armed Forces; and
(D) utilization rates of military relief society assistance
for financial hardship relating to permanent changes of
station.
(4) METHODOLOGY FOR FUTURE ADJUSTMENTS.—The report
required under subsection (a) shall include recommendations
for establishing an annual review and adjustment process for
reimbursements for costs relating to a permanent change of
station that accounts for—
(A) inflation and cost-of-living changes;
(B) regional variations in moving costs, including those
related to status of forces agreements, currency fluctuation,
local housing markets, and pet importation or quarantine
requirements;
(C) changes in typical household composition and
needs; and
(D) emerging categories of relocation expenses.
S. 1071—151
(d) DISAGGREGATION REQUIREMENTS.—The report required by
subsection (a) shall include all data disaggregated by—
(1) permanent changes of station within the continental
United States;
(2) permanent changes of station from the continental
United States to locations outside the continental United
States;
(3) permanent changes of station from locations outside
the continental United States to the continental United States;
(4) permanent changes of station between locations outside
the continental United States;
(5) pay grade of the members undergoing a permanent
change of station;
(6) family status of the member;
(7) distance between the permanent station from which
the member is transferring to the permanent station to which
the member is transferring;
(8) duty status of the member;
(9) whether the member participates in the Exceptional
Family Member Program; and
(10) origin and destination installation.
(e) DATA INTEGRATION.—The report shall, to the maximum
extent practicable, incorporate and reconcile data from existing
systems of the Department of Defense.
(f) DATA PRIVACY AND CUSTODY.—
(1) IN GENERAL.—The Secretary of Defense shall ensure
that all data collected to carry out this section remains under
the custody and control of the Department of Defense.
(2) USE OF CONTRACTORS.—The Secretary shall prohibit
any contractor supporting implementation of this section from
use of data collected to carry out this section other than for
purposes of this section, including with respect to use in artifi-
cial intelligence model training, commercial applications, or
other derivative purposes.
(g) INTERIM BRIEFING.—Not later than March 31, 2027, the
Secretary of Defense shall provide the Committees on Armed Serv-
ices of the Senate and the House of Representatives an interim
briefing on preliminary findings and anticipated recommendations
of the report required under subsection (a).
Subtitle D—Recruitment and Accession
SEC. 531. RECRUITER ACCESS TO SECONDARY SCHOOLS.
Section 503(c)(1)(A) of title 10, United States Code, is amended
by striking clauses (i) through (iii) and inserting the following
new clauses:
‘‘(i) shall provide to a military recruiter, for the purpose
of recruiting students who are at least 17 years old, access—
‘‘(I) to the campus of a secondary school under the
jurisdiction of such local educational agency; and
‘‘(II) that is equivalent to access provided to such cam-
pus to a prospective employer of such students, an institu-
tion of higher education, or another recruiter;
‘‘(ii) shall, upon the request of a military recruiter for
the purpose described in clause (i), provide access to at least
S. 1071—152
one in-person recruitment event (such as a career fair) per
academic year; and
‘‘(iii) shall, upon the request of a military recruiter for
the purpose described in clause (i), provide, not later than
30 days after receiving such request, access to secondary school
student names, addresses, electronic mail addresses (which
shall be the electronic mail addresses provided by the school,
if available), and telephone and mobile phone listings, notwith-
standing subsection (a)(5) of section 444 of the General Edu-
cation Provisions Act (20 U.S.C. 1232g).’’.
SEC. 532. ALTERNATIVE SERVICE IN AREAS OF NATIONAL INTEREST
BY INDIVIDUALS DENIED ENLISTMENT.
(a) IN GENERAL.—Section 504 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(c) ALTERNATIVE SERVICE IN AREAS OF NATIONAL INTEREST.—
(1) The Secretary of Defense shall carry out a program to provide
to an individual described in paragraph (2) information about
opportunities to work in areas of national interest to the United
States.
‘‘(2) An individual described in this paragraph is an individual
who seeks to originally enlist in an armed force but is denied
enlistment.
‘‘(3) In carrying out the program required by paragraph (1),
the Secretary shall—
‘‘(A) identify job opportunities in the defense industrial
base, cybersecurity or intelligence support, research and
development in defense technologies, national emergency and
disaster preparedness, or any other non-military field the Sec-
retary considers in the national interests of the United States;
‘‘(B) provide available information about training or certifi-
cation programs to obtain the skills necessary for such a job;
and
‘‘(C) seek to enter into agreements with entities in the
fields described in subparagraph (A).
‘‘(4) The Secretary of Defense shall annually submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the program required by this sub-
section. Such report shall include, with respect to the year preceding
the date of the report, the following elements:
‘‘(A) The number of individuals described in paragraph
(2) provided information described in paragraph (3)(A).
‘‘(B) The number of individuals described in paragraph
(2) provided information described in paragraph (3)(B).
‘‘(C) The number of agreements described in paragraph
(3)(C) into which the Secretary entered.’’.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report regarding the implementation of sub-
section (c) of such section, as added by subsection (a) of this section.
SEC. 533. MEDICAL ACCESSION STANDARDS FOR MEMBERS OF THE
ARMED FORCES.
Chapter 37 of title 10, United States Code, is amended by
adding at the end the following new section:
S. 1071—153
‘‘§ 658. Medical accession standards for members of the
armed forces
‘‘(a) ESTABLISHMENT
OF STANDARDS.—(1) The Secretary of
Defense shall prescribe uniform medical accession standards for
the appointment, enlistment, or induction of individuals into the
armed forces.
‘‘(2) The Secretary of Defense shall make readily available
and understandable to applicants for military service the medical
accession standards established under paragraph (1), including an
explanation of the process for a review or waiver of a medical
disqualification under subsection (b).
‘‘(b) PROCESS FOR REVIEW OR WAIVER OF MEDICAL DISQUALI-
FICATIONS.—(1) The Secretary of Defense shall establish a process
for the review of medical disqualifications of persons seeking to
become a member of the armed forces and for granting waivers
of those medical disqualifications. Determinations shall be based
on all available information regarding the medical condition and
the operational needs of the military service concerned.
‘‘(2) The waiver process shall include criteria permitting waivers
when such action is in the interests of national security, defined
as a compelling governmental interest in accessing an individual
whose service would directly support the Department’s warfighting
capabilities.
‘‘(c) REPORTS.—(1) The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives an annual report identifying—
‘‘(A) the number of persons disqualified from service as
a member of the armed forces during the preceding calendar
year due to medical history;
‘‘(B) the number and type of approvals granted under sub-
section (b) during the preceding calendar year; and
‘‘(C) any revisions to the medical accession standards estab-
lished under subsection (a) or the waiver process established
under subsection (b) since the preceding report.
‘‘(2) In any fiscal year in which the accession of a person
into the Coast Guard is approved under the process established
under subsection (b), the Secretary of the department in which
the Coast Guard is operating shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report identifying the information required under
paragraph (1)(B) with respect to such member.’’.
SEC. 534. CLARIFYING THE CALCULATION OF ENLISTMENTS FOR PER-
SONS WHOSE SCORE ON THE ARMED FORCES QUALIFICA-
TION TEST IS BELOW A PRESCRIBED LEVEL FOR THE
FUTURE SERVICEMEMBER PREPARATORY 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), by adding at the end the following
new paragraph:
‘‘(4) EFFECT OF COURSE GRADUATION.—The Secretary con-
cerned may exclude from the population to be considered for
purposes of determining the percentage limitations imposed
by section 520(a) of title 10, United States Code, any enlisted
person who has graduated from a future servicemember pre-
paratory course established pursuant to this section with a
S. 1071—154
score on the Armed Forces Qualification Test that is at or
above the thirty-first percentile, provided that—
‘‘(A) the Armed Forces Qualifications Test score that
is at or above the thirty-first percentile is obtained within
the same fiscal year in which the individual was originally
enlisted to serve on active duty; and
‘‘(B) such score is obtained during the period the indi-
vidual was originally enlisted to serve on active duty, as
determined by the Secretary concerned.’’; and
(2) in subsection (d)—
(A) by redesignating paragraphs (1) through (6) as
paragraphs (3) through (8), respectively;
(B) by inserting before paragraph (3), as redesignated
by subparagraph (A), the following new paragraphs:
‘‘(1) The percentage of nonprior service enlisted persons
who scored below the thirty-first percentile on the Armed Forces
Qualification Test upon original enlistment.
‘‘(2) The percentage of nonprior service enlisted persons
who scored below the thirty-first percentile on the Armed Forces
Qualification Test following graduation from the preparatory
course or subsequent reclassification, as applicable.’’; and
(C) in paragraph (5), as so redesignated, by striking
‘‘prepatory’’ and inserting ‘‘preparatory’’.
SEC. 535. SELECTIVE SERVICE SYSTEM: AUTOMATIC REGISTRATION.
(a) AUTOMATIC REGISTRATION.—The Military Selective Service
Act (50 U.S.C. 3801 et seq.) is amended by striking section 3
(50 U.S.C. 3802) and inserting the following new section 3:
‘‘SEC. 3. (a)(1) Except as otherwise provided in this title, every
male citizen of the United States, and every other male person
residing in the United States, between the ages of eighteen and
twenty-six, shall be automatically registered under this Act by
the Director of the Selective Service System.
‘‘(2) This section shall not apply to any alien lawfully admitted
to the United States as a nonimmigrant under section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101) for so
long as such alien continues to maintain a lawful nonimmigrant
status in the United States.
‘‘(b) Regulations prescribed pursuant to this section (a) may
require—
‘‘(1) a person subject to registration under this section
to provide, to the Director, information (including date of birth,
address, social security account number, phone number, and
email address) regarding such person;
‘‘(2) a Federal entity to provide, to the Director, information
described in paragraph (1) that the Director determines nec-
essary to identify or register a person subject to registration
under this section; and
‘‘(3) the Director to provide, to a person registered under
this section, written notification that—
‘‘(A) such person has been so registered; and
‘‘(B) if such person is not required to be so registered,
the procedure by which such person may correct such reg-
istration.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—The Military
Selective Service Act is further amended—
(1) in section 4 (50 U.S.C. 3803)—
S. 1071—155
(A) in subsection (a)—
(i) by striking ‘‘required to register’’ each place
it appears and inserting ‘‘registered’’;
(ii) by striking ‘‘at the time fixed for his registra-
tion,’’; and
(iii) by striking ‘‘who is required to register’’ and
inserting ‘‘registered’’;
(B) in subsection (k)(2), in the matter following
subparagraph(B), by striking ‘‘liable for registration’’ and
inserting ‘‘registered’’;
(2) in section 6(a) (50 U.S.C. 3806(a))—
(A) in paragraph (1)—
(i) by striking ‘‘required to be’’;
(ii) by striking ‘‘subject to registration’’ and
inserting ‘‘registered’’; and
(iii) by striking ‘‘liable for registration and
training’’ and inserting ‘‘registered and liable for
training’’;
(B) in paragraph (2), by striking ‘‘required to be’’ each
place it appears;
(3) in section 10(b)(3) (50 U.S.C. 3809(b)(3)) by striking
‘‘registration,’’;
(4) in section 12 (50 U.S.C. 3811)—
(A) in subsection (d)—
(i) by striking ‘‘, neglecting, or refusing to perform
the duty of registering imposed by’’ and inserting ‘‘reg-
istration under’’; and
(ii) by striking ‘‘, or within five years next after
the last day before such person does perform his duty
to register, whichever shall first occur’’;
(B) in subsection (e)—
(i) by striking ‘‘the Secretary of Health and Human
Services’’ and inserting ‘‘Federal agencies’’;
(ii) by striking ‘‘by a proclamation of the President’’
and inserting ‘‘to be registered’’;
(iii) by striking ‘‘to present themselves for and
submit to registration under such section’’; and
(iv) by striking ‘‘by the Secretary’’; and
(C) by striking subsection (g) (50 U.S.C. 3811(g)); and
(5) in section 15(a) (50 U.S.C. 3813(a)), by striking ‘‘upon
publication by the President of a proclamation or other public
notice fixing a time for any registration under section 3’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect one year after the date of the enactment of this
Act.
Subtitle E—Member Training
SEC. 541. JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTOR
QUALIFICATIONS.
Section 2031(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) The Secretary concerned may not require an officer or
noncommissioned officer described in paragraph (1)(B) to have com-
pleted more than 8 years of service as a member of the armed
S. 1071—156
forces as a condition for approval by the Secretary to serve as
an administrator or instructor in the program.’’.
SEC. 542. NUMBER OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS
UNITS.
(a) IN GENERAL.—Section 2031(i) of title 10, United States
Code, is amended by striking ‘‘support not fewer than 3,400, and
not more than 4,000, units’’ and inserting ‘‘support not fewer than
3,600, and not more than 4,200, units’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2027.
(c) REPEAL
OF SUPERSEDED PROVISION.—Section 545 of the
Servicemember Quality of Life Improvement and National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159) is
repealed.
SEC. 543. REQUIREMENTS WITH RESPECT TO MOTORCYCLE SAFETY
TRAINING.
Chapter 21 of title 10, United States Code, is amended by
inserting after section 2009 the following new section:
‘‘§ 2010. Requirements with respect to motorcycle safety
training
‘‘The Secretaries of the military departments shall ensure that
all beginner motorcycle safety training provided to members of
the Armed Forces meets the motorcycle safety training require-
ments for licensing of the State in which the permanent station
of the member receiving the training is located.’’.
SEC. 544. REPEAL OF ANNUAL CERTIFICATIONS RELATED TO THE
READY, RELEVANT LEARNING INITIATIVE OF THE NAVY.
Section 545 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 10 U.S.C. 8431 note prec.) is
repealed.
SEC. 545. MANDATORY TRAINING ON GOVERNMENT ETHICS AND
NATIONAL SECURITY LAW.
(a) ANNUAL TRAINING ON GOVERNMENT ETHICS AND STANDARDS
OF CONDUCT.—
(1) IN GENERAL.—Beginning on the date that is one year
after the date of the enactment of this Act, the Secretary
of each military department shall ensure that all members
of the Armed Forces under the jurisdiction of such Secretary
are trained annually in government ethics and standards of
conduct.
(2) IMPLEMENTATION PLAN.—Not later than 180 days after
the date of the enactment of this Act the Secretary of each
military department shall provide to the congressional defense
committees a briefing on the implementation plan for carrying
out the requirements of paragraph (1), including—
(A) resources and personnel required to provide the
training required by paragraph (1);
(B) the curriculum for such training;
(C) the manner in which training will be provided
and the mode of the delivery of such training; and
(D) any other matter related to such training the Sec-
retary considers appropriate.
S. 1071—157
(b) TRAINING ON THE LAW OF ARMED CONFLICT AND RULES
OF ENGAGEMENT.—The Secretary of each military department shall
ensure that all members of the Armed Forces under the jurisdiction
of such Secretary are trained during the 90-day period that ends
on the date of a mobilization or deployment on the following topics,
as applicable:
(1) The law of armed conflict.
(2) Rules of engagement.
(3) Defense support for civil authorities.
(4) Standing rules for the use of force.
(5) The Code of Conduct for Members of the Armed Forces
of the United States as prescribed in Executive Order 10631
or any successor Executive Order.
SEC. 546. TEMPORARY AUTHORITY TO PROVIDE BONUSES TO JUNIOR
RESERVE OFFICERS’ TRAINING CORPS INSTRUCTORS.
(a) IN GENERAL.—The Secretary concerned may pay to a
member or former member of the Armed Forces under the jurisdic-
tion of the Secretary a one-time bonus of not more than $10,000
if the member or former member—
(1) agrees to be an instructor for the Junior Reserve Offi-
cers’ Training Corps under section 2031(d) of title 10, United
States Code, in a position the Secretary concerned determines
is difficult to fill; and
(2) serves as such an instructor for not less than one
academic year.
(b) BRIEFING REQUIRED.—Not later than one year after the
date of the enactment of this Act, and annually thereafter until
the termination date described in subsection (c), the Secretary of
Defense shall brief the congressional defense committees on—
(1) the use of the authority provided by subsection (a);
and
(2) the effectiveness of bonuses provided under subsection
(a) on increasing the number of instructors for the Junior
Reserve Officers’ Training Corps.
(c) TERMINATION.—The authority provided by subsection (a)
terminates on the date that is five years after the date of the
enactment of this Act.
(d) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 10, United States Code.
SEC. 547. PILOT PROGRAM FOR GENERATIVE ARTIFICIAL INTEL-
LIGENCE AND SPATIAL COMPUTING FOR PERFORMANCE
TRAINING AND PROFICIENCY ASSESSMENT.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy shall
develop and implement a pilot program to optimize the use of
generative
artificial
intelligence
and
spatial
computing
for
immersive training and assessment.
(b) ELEMENTS.—The pilot program required by subsection (a)
shall include—
(1) the development of content with respect to not less
than 5 occupational specialties; and
(2) methods to assess the feasibility and effectiveness of
the use of generative artificial intelligence and spatial com-
puting training methods in comparison to other training
S. 1071—158
methods, particularly with respect to cost and time required
to achieve training goals.
(c) TERMINATION.—The pilot program required by subsection
(a) shall terminate on the date that is one year after the date
of the establishment of the program.
(d) REPORT.—Not later than 90 days after the termination
of the pilot program required by subsection (a), the Secretary of
the Navy shall submit to the congressional defense committees
a report describing the results of the pilot program, including an
analysis of the effectiveness of the use of generative artificial intel-
ligence and spatial computing for training and a description of
any cost savings and savings in time required to achieve training
goals.
SEC. 548. LIMITATION ON AUTHORITY TO REORGANIZE THE SENIOR
RESERVE OFFICERS’ TRAINING CORPS OF THE ARMY.
(a) BRIEFING
ON REORGANIZATION PLANS.—Not later than
March 1, 2026, the Secretary of the Army shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the plans of the Secretary of the
Army with respect to reorganization of the program or individual
units of the program. Such briefing shall include the following:
(1) The number of members of the program anticipated
to be affected by such a reorganization at each educational
institution.
(2) An identification of the requirements for members of
the program who are members of a unit that will close or
whose position within a unit will be eliminated to transfer
to another unit of the program.
(3) An identification of alternative pathways for members
of the program affected by a reorganization to be appointed
as a commissioned officer in the Armed Forces.
(b) LIMITATIONS.—
(1) BRIEFING
PRIOR
TO
REORGANIZATION.—The Secretary
of the Army may not reorganize a unit of the program of
the Army until the date that is 90 days after the date on
which the Secretary, acting through the Army Cadet Command,
provides to the Committees on Armed Services of the Senate
and House of Representatives a briefing with respect to the
reorganization of such unit that includes the following:
(A) Each position of such unit to be eliminated.
(B) A risk analysis regarding the impact of the reorga-
nization on Army officer accessions that justifies such
reorganization.
(C) Anticipated cost savings or expenses to the United
States.
(D) The number of members of the program affected
by the reorganization, including the number of members
who will have to travel to another educational institution
to participate in the program after the reorganization.
(E) Any change to a scholarship awarded under section
2107 or 2107a of title 10, United States Code, due to
the reorganization.
(2) COMPLETION OF COMMISSIONING REQUIREMENTS BY CUR-
RENT STUDENTS.—The Secretary of the Army shall ensure that
any reorganization of a unit of the program of the Army allows
a member of the program receiving financial assistance under
S. 1071—159
section 2107 or 2107a of title 10, United States Code, who
is affected by such reorganization to complete any requirements
for receiving a commission as an officer in the Army without
the member being required to transfer to another educational
institution.
(c) DEFINITIONS.—In this section:
(1) The terms ‘‘program’’ and ‘‘member of the program’’
have the meanings given such terms in section 2101 of title
10, United States Code.
(2) The term ‘‘reorganize’’, with respect to a unit of the
program, includes closing, restructuring, reclassifying, merging,
or realigning.
SEC. 549. ACCREDITATION OF NATIONAL GUARD MARKSMANSHIP
TRAINING CENTER.
(a) ACCREDITATION.—The Secretary of the Army may accredit
the National Guard Marksmanship Training Center (hereinafter,
‘‘NGMTC’’), located at Robinson Maneuver Training Center,
Arkansas, as a U.S. Army Training and Doctrine Command institu-
tion.
(b) VALIDATION.—Upon accreditation, the Secretary may des-
ignate the Small Arms Weapons Expert and Squad Designated
Marksman programs of instruction taught at NGMTC as Training
Operations Management Activity validated, National Guard-centric
courses.
(c) ADDITIONAL SKILL IDENTIFIER.—The Secretary may award
the Master Marksman Training additional skill identifier to mem-
bers of the Army National Guard who successfully complete both
programs specified in subsection (b).
(d) BRIEFING.—Not later than April 1, 2026, the Secretary
shall submit to the congressional defense committees a briefing
regarding—
(1) the determination of the Secretary whether to use the
authorities under subsections (a) through (c);
(2) any progress of the Secretary in integrating such pro-
grams into the Army Program Objective Memorandum; and
(3) the determination of the Secretary whether to establish
a Modified Table of Organization and Equipment requirement
associated with the additional skill identifier described in sub-
section (c) to ensure enduring demand and sustainment.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to transfer operational control, administrative authority,
or ownership of the facility of the National Guard Marksmanship
Training Center from the Army National Guard to the Department
of Defense, the Department of the Army, or the National Guard
Bureau.
Subtitle F—Member Education
SEC. 551. MODIFICATION TO MAXIMUM YEARS OF SERVICE FOR ELIGI-
BILITY DETAIL AS A STUDENT AT A LAW SCHOOL.
(a) MODIFICATION.—Section 2004(b)(1) of title 10, United States
Code, is amended—
(1) in subparagraph (A)—
(A) in the matter preceding clause (i), by striking
‘‘detailed pursuant to subsection (a)(1)’’ and inserting ‘‘with
S. 1071—160
respect to whom the Secretary of a military department
is providing funding for educational expenses in accordance
with subsection (a)(2)’’; and
(B) in clause (ii), by striking ‘‘eight years’’ and inserting
‘‘10 years’’; and
(2) in subparagraph (B) in the matter preceding clause
(i), by striking ‘‘detailed pursuant to subsection (a)(2)’’ and
inserting ‘‘with respect to whom the Secretary of a military
department is not providing funding for educational expenses
in accordance with subsection (a)(3)’’.
(b) TECHNICAL AMENDMENT.—Section 2004(b)(3)(C) of title 10,
United States Code, is amended—
(1) in clause (i), by striking ‘‘subsection (a)(1)’’ and inserting
‘‘subsection (a)(2)’’; and
(2) in clause (ii), by striking ‘‘subsection (a)(2)’’ and
inserting ‘‘subsection (a)(3)’’.
SEC. 552. INCLUSION OF SPACE FORCE EDUCATION PROGRAMS IN
DEFINITIONS REGARDING PROFESSIONAL MILITARY EDU-
CATION.
(a) SENIOR AND INTERMEDIATE LEVEL SERVICE SCHOOLS.—Sec-
tion 2151(b) of title 10, United States Code, is amended—
(1) in paragraph (1), by adding at the end the following
new subparagraph:
‘‘(E) The Space Force Senior Level Education Pro-
gram.’’; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(E) The Space Force Intermediate Level Education
Program.’’.
(b) BUDGET
REQUESTS
FOR
PROFESSIONAL
MILITARY
EDU-
CATION.—Section 2162(d) of such title is amended by adding at
the end the following new paragraphs:
‘‘(9) The Space Force Senior Level Education Program.
‘‘(10) The Space Force Intermediate Level Education Pro-
gram.’’.
SEC. 553. ASYNCHRONOUS INSTRUCTION IN DISTANCE EDUCATION
OPTION FOR PROFESSIONAL MILITARY EDUCATION.
Subsection (c)(1) of section 2154 of title 10, United States
Code, as added by section 555 of the Servicemember Quality of
Life Improvement and National Defense Authorization Act for Fiscal
Year 2025 (Public Law 118–159; 138 Stat. 1896), is amended by
inserting ‘‘asynchronously and’’ after ‘‘course of instruction’’.
SEC. 554. CENTER FOR STRATEGIC DETERRENCE AND WEAPONS OF
MASS DESTRUCTION STUDIES.
(a) ESTABLISHMENT.—Section 2165(b) of title 10, United States
Code, is amended, in paragraph (4), by inserting ‘‘(including a
Center for Strategic Deterrence and Weapons of Mass Destruction
Studies)’’ after ‘‘The Institute for National Strategic Studies’’.
(b) MISSION.—The mission of the Center for Strategic Deter-
rence and Weapons of Mass Destruction Studies established under
such paragraph shall be to—
(1) prepare national security leaders to address the chal-
lenges of strategic deterrence and weapons of mass destruction
through education, research, and outreach activities throughout
the Federal Government;
S. 1071—161
(2) develop leaders with an understanding of strategic
deterrence and the implications of weapons of mass destruction;
(3) in accordance with guidance provided by the Chairman
of the Joint Chiefs of Staff, develop and provide appropriate
curricula, learning outcomes, and educational tools relating
to strategic deterrence and weapons of mass destruction for
use at institutions that provide joint professional military edu-
cation;
(4) serve as the primary institution within the Department
of Defense for the study of strategic deterrence and weapons
of mass destruction education in joint professional military
education;
(5) design, develop, and implement studies and analyses
to enhance understanding of—
(A) strategic deterrence;
(B) the threat of weapons of mass destruction to the
security of the United States and globally; and
(C) responses to prevent, mitigate, or eliminate the
threat in accordance with Department and national secu-
rity policies and strategies; and
(6) provide expert support on strategic deterrence and
weapons of mass destruction issues to the Secretary of Defense
and other Federal Government leaders.
SEC. 555. MILITARY SERVICE ACADEMY NOMINATIONS.
(a) UNITED STATES MILITARY ACADEMY.—Section 7442(a) of title
10, United States Code, is amended by striking ‘‘9 ranked or
unranked alternates’’ and inserting ‘‘up to 14 ranked or unranked
alternates’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8454 of title
10, United States Code, is amended—
(1) in the section heading, by striking ‘‘number’’ and
inserting ‘‘appointment; numbers, territorial distribution’’;
and
(2) in subsection (a), by striking ‘‘9 ranked or unranked
alternates’’ and inserting ‘‘up to 14 ranked or unranked alter-
nates’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9442(a) of
title 10, United States Code, is amended by striking ‘‘9 ranked
or unranked alternates’’ and inserting ‘‘up to 14 ranked or unranked
alternates’’.
SEC. 556. MODIFICATIONS TO ALTERNATIVE OBLIGATION FOR CADETS
AND MIDSHIPMEN.
(a) UNITED STATES MILITARY ACADEMY.—Section 7448(b)(4) of
title 10, United States Code, is amended in the matter preceding
subparagraph (A) by striking ‘‘three’’ and inserting ‘‘five’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8459(b)(4) of title
10, United States Code, is amended in the matter preceding
subparagraph (A) by striking ‘‘three’’ and inserting ‘‘five’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9448(b)(4)
of title 10, United States Code, is amended in the matter preceding
subparagraph (A) by striking ‘‘three’’ and inserting ‘‘five’’.
S. 1071—162
SEC. 557. MODIFICATION TO THE DESIGNATION OF MEMBERS OF THE
HOUSE OF REPRESENTATIVES TO THE BOARDS OF VISI-
TORS OF SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section 7455(a)(8) of
title 10, United States Code, is amended by striking ‘‘one other
member’’ and inserting ‘‘two other members’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8468(a)(8) of title
10, United States Code, is amended by striking ‘‘one other member’’
and inserting ‘‘two other members’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9455(a)(8)
of title 10, United States Code, is amended by striking ‘‘one other
member’’ and inserting ‘‘two other members’’.
SEC. 558. DIRECTOR OF ADMISSIONS OF THE UNITED STATES NAVAL
ACADEMY.
(a) IN GENERAL.—Chapter 853 of title 10, United States Code,
is amended by inserting after section 8451a the following new
section:
‘‘§ 8451b. Director of admissions
‘‘(a) ESTABLISHMENT AND APPOINTMENT.—There is a director
of admissions of the Naval Academy. The director of admissions
shall be appointed by the President, by and with the advice and
consent of the Senate, and shall perform such duties as the Super-
intendent of the Naval Academy may prescribe with the approval
of the Secretary of the Navy.
‘‘(b) GRADE.—(1) Subject to paragraph (2), a person appointed
as director of admissions of the Naval Academy has the regular
grade of commander in the Navy or lieutenant colonel in the Marine
Corps.
‘‘(2) A person serving as director of admissions shall have
the regular grade of captain in the Navy or colonel in the Marine
Corps upon the earlier of—
‘‘(A) the date on which such person completes six years
of service as the director of admissions; and
‘‘(B) the date on which such person would have been pro-
moted had the person been selected for promotion from among
officers in the promotion zone.
‘‘(c) DETAIL.—The President may detail any officer of the Navy
or the Marine Corps in a grade above lieutenant or captain, respec-
tively, to perform the duties of director of admissions without
appointing the officer as director of admissions. Such a detail does
not affect the position of the officer on the active-duty list.’’.
(b) CONTINUATION OF SERVICE OF CURRENT DIRECTOR OF ADMIS-
SIONS.—Notwithstanding subsection (a) of section 8451b of title
10, United States Code, as added by subsection (a) of this section,
the person serving as the director of admissions of the Naval
Academy on the date of the enactment of this Act—
(1) may serve as the director of admissions of the Naval
Academy until the date on which—
(A) a director of admissions is appointed by the Presi-
dent, by and with the advice and consent of the Senate,
in accordance with subsection (a) of such section 8451b;
or
(B) the President details an officer to perform the
duties of the director of admissions in accordance with
subsection (c) of such section 8451b; and
S. 1071—163
(2) has the regular grade described in subsection (b) of
such section 8451b.
SEC. 559. DETAIL OF MEMBERS OF THE SPACE FORCE AS INSTRUC-
TORS AT AIR FORCE INSTITUTE OF TECHNOLOGY.
(a) IN GENERAL.—Section 9414 of title 10, United States Code,
is amended—
(1) by striking the heading and inserting the following
new heading:
‘‘§ 9414. United States Air Force Institute of Technology:
degree granting authority; faculty, reimbursement
and tuition; acceptance of research grants’’;
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new sub-
section:
‘‘(e) SPACE FORCE FACULTY.—(1) The Secretary shall detail
members of the Space Force as instructors at the United States
Air Force Institute of Technology to provide instruction in areas
that support the mission of the Space Force.
‘‘(2) The number of members of the Space Force detailed by
the Secretary to the United States Air Force Institute of Technology
as instructors during an academic year shall be equal to or greater
than the product of—
‘‘(A) the total number of members of the Space Force
divided by the total number of members of the Space Force
and the Air Force; and
‘‘(B) the total number of instructors at the United States
Air Force Institute of Technology.’’.
(b) REPORT.—Not later than two years 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 implementa-
tion of subsection (e) of section 9414 of title 10, United States
Code, as added by subsection (a) of this section, including—
(1) an identification of the number, academic specialties,
and courses of instruction of the members of the Space Force
detailed as instructors at the United States Air Force Institute
of Technology; and
(2) an assessment of the contributions of those instructors
to Space Force objectives.
SEC. 559A. PROHIBITION ON PARTICIPATION OF MALES IN ATHLETIC
PROGRAMS OR ACTIVITIES AT THE MILITARY SERVICE
ACADEMIES THAT ARE DESIGNATED FOR WOMEN OR
GIRLS.
(a) IN GENERAL.—The Secretary of Defense shall ensure that
the United States Military Academy, the United States Naval
Academy, and the United States Air Force Academy do not permit
a person enrolled at such an Academy whose sex is male to partici-
pate in an athletic program or activity that is designated for women
or girls.
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to prohibit the United States Military Academy, the
United States Naval Academy, or the United States Air Force
Academy from permitting males to train or practice with an athletic
program or activity that is designated for women or girls so long
as no female is deprived of a roster spot on a team or sport,
S. 1071—164
opportunity to participate in a practice or competition, scholarship,
admission to an educational institution, or any other benefit that
accompanies participating in the athletic program or activity.
(c) DEFINITIONS.—In this section—
(1) the term ‘‘athletic programs and activities’’ includes
all programs or activities that are provided conditional upon
participation with any athletic team; and
(2) the term ‘‘sex’’ means a person’s reproductive biology
and genetics at birth.
SEC. 559B. ORGANIZATION OF ARMY WAR COLLEGE.
The Secretary of the Army shall—
(1) incorporate the Army War College into the Army
University; and
(2) direct the head of the Army War College to report
to the head of the Army University.
Subtitle G—Military Justice and Other
Legal Matters
SEC. 561. QUALIFICATIONS FOR JUDGE ADVOCATES.
(a) IN GENERAL.—Section 806 of title 10, United States Code
(article 6 of the Uniform Code of Military Justice) is amended—
(1) by redesignating subsections (a) through (d) as sub-
sections (b) through (e), respectively; and
(2) by inserting before subsection (b), as redesignated by
paragraph (1), the following new subsection:
‘‘(a)(1) A member of the armed forces may only serve as a
judge advocate if such member—
‘‘(A) is admitted to the practice of law before the highest
court of a State, territory, commonwealth, or the District of
Columbia;
‘‘(B) maintains a license status that provides current eligi-
bility to actively practice law before such court;
‘‘(C) is subject to the disciplinary review process of the
jurisdiction in which such member maintains such a license
status; and
‘‘(D) is in compliance with any other requirements of such
jurisdiction to remain eligible to practice law in such jurisdic-
tion.
‘‘(2) The Judge Advocates General of the Army, Navy, Air
Force, and Coast Guard and the Staff Judge Advocate to the Com-
mandant of the Marine Corps may suspend the authority of a
judge advocate of the Army, Navy, Air Force, Coast Guard, or
Marine Corps, respectively, to perform legal duties if such judge
advocate becomes noncompliant with the requirements of paragraph
(1). A member of the armed forces who is suspended or disbarred
from the practice of law within a jurisdiction may not perform
legal duties.’’.
(b) CONFORMING AMENDMENTS.—
(1) TRIAL
COUNSEL
AND
DEFENSE
COUNSEL.—Section
827(b)(1) of title 10, United States Code (article 27(b) of the
Uniform Code of Military Justice), is amended to read as fol-
lows:
‘‘(1) must be a judge advocate who is qualified under section
806(a)(1) of this title (article 6(a)(1)); and’’.
S. 1071—165
(2) SPECIAL TRIAL COUNSEL.—Section 824a(b)(1)(A) of title
10, United States Code (article 24a(b)(1) of the Uniform Code
of Military Justice) is amended to read as follows:
‘‘(A) is a judge advocate who is qualified under section
806(a)(1) of this title (article 6(a)(1)); and’’.
SEC. 562. ENSURING THE AVAILABILITY OF LEGAL ADVICE TO COM-
MANDERS.
Section 806(b) of title 10, United States Code (article 6(b)
of the Uniform Code of Military Justice), as redesignated by section
561(a)(1) of this title, is amended—
(1) by striking ‘‘The assignment’’ and inserting ‘‘(1) The
assignment’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The assignment for duty of judge advocates pursuant to
this subsection shall include qualified judge advocates in numbers
sufficient to provide legal advice to all commanders responsible
for planning and organizing military operations (including com-
manders of and within commands assigned to a combatant com-
mand or the United States element of the North American Aero-
space Defense Command as established pursuant to sections 161
and 162 of this title) and all commanders authorized to convene
courts-martial under sections 822 through 824 of this title (articles
22 through 24). The qualifications of judge advocates assigned to
provide legal advice to commanders under this paragraph shall
include—
‘‘(A) the qualifications set forth in subsection (a)(1); and
‘‘(B) any additional education, expertise, or experience
determined to be necessary to fulfill the requirements of this
paragraph by the Judge Advocate General of the armed force
concerned, or in the case of the Marine Corps, by the Staff
Judge Advocate to the Commandant of the Marine Corps.’’.
SEC. 563. ANALYSIS OF POTENTIAL MODIFICATIONS TO THE OFFENSE
OF
WRONGFUL
BROADCAST
OR
DISTRIBUTION
OF
INTIMATE VISUAL IMAGES UNDER THE UNIFORM CODE
OF MILITARY JUSTICE.
Section 569F of the National Defense Authorization Act for
Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1908) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting
‘‘, in coordination with the Joint Service Committee on
Military Justice,’’ after ‘‘Secretary of Defense’’;
(B) in paragraph (1), by striking ‘‘and’’ at the end;
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) analyze the feasibility and advisability of, and potential
approaches to, modifying the offense of wrongful broadcast
or distribution of intimate visual images under section 917a
of title 10, United States Code (article 117a of the Uniform
Code of Military Justice)—
‘‘(A) to clarify its applicability to the nonconsensual
distribution of digital forgeries (commonly known as
‘deepfakes’); and
‘‘(B) to include such other changes as are indicated
in the amendment proposed by section 552 of the H.R.
S. 1071—166
3838, as engrossed in the House of Representatives on
September 10, 2025; and’’; and
(E) in paragraph (3), as so redesignated, by striking
‘‘provide the results of such analysis to the Committees’’
and inserting ‘‘not later than December 31, 2026, submit
a report on the results of the analyses required under
paragraphs (1) and (2) to the Committees’’; and
(2) in subsection (b)—
(A) in paragraph (1)(B)(ii), 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) the advisability of modifying section 917a of title 10,
United States Code (article 117a of the Uniform Code of Mili-
tary Justice) in the manner described in subsection (a)(2) and
such other approaches to the modification of such section
(article) as the Secretary considers appropriate.’’.
SEC. 564. REVISION TO SEXUAL ASSAULT PREVENTION AND RESPONSE
TRAINING GUIDANCE.
(a) REVISION REQUIREMENT.—Not later than 180 days after
the date of the enactment of this Act, the Under Secretary of
Defense for Personnel and Readiness, in coordination with the
Director of the Sexual Assault Prevention and Response Office
of the Department of Defense, shall revise sexual assault prevention
and response training guidance to require that information on the
resources of the Department of Veterans Affairs to address experi-
ences with unwanted sexual behavior be included in the annual
or periodic sexual assault prevention and response training that
is administered to all members of the Armed Forces.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘unwanted sexual behavior’’ means any sexual
contact or sexual interaction to which an individual does not
or could not freely consent, including harassment, coercion,
assault, or abuse.
(2) The term ‘‘sexual assault prevention and response
training’’ means any training, instruction, or education provided
pursuant to Department of Defense Instruction 6495.02,
Volume 2, or any successor guidance.
SEC. 565. NOTIFICATION OF MILITARY SEX OFFENDERS AT MILITARY
INSTALLATIONS.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall establish
and implement a policy to ensure that registered sex offenders
who reside or work on military installations are identified to the
respective military community, including, as necessary, through
agreements with State and local law enforcement agencies.
(b) REPORT ON DESIGNATION OF DEPARTMENT OF DEFENSE AS
JURISDICTION UNDER SORNA.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report assessing the advisability
and desirability of designating the Department of Defense as a
jurisdiction for purposes of notification requirements under the
Sex Offender Registration and Notification Act (title I of Public
Law 109–248; 34 U.S.C. 20901 et seq.).
S. 1071—167
SEC. 566. ANALYSIS OF THE ADVISABILITY OF MODIFYING THE DEFINI-
TION OF ABUSIVE SEXUAL CONTACT UNDER THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) ANALYSIS REQUIRED.—The Secretary of Defense, in coordina-
tion with the Joint Service Committee on Military Justice, shall
analyze the advisability of modifying the definition of abusive sexual
contact under section 920 of title 10, United States Code (article
120 of the Uniform Code of Military Justice), to address the full
range of harmful behaviors associated with sexual assault and
to prevent misapplication of the offense to acts that are not inher-
ently abusive.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report detailing the results of the analysis
under subsection (a) and any associated recommendations.
SEC. 567. ANALYSIS OF THE ADVISABILITY OF ESTABLISHING A PUNI-
TIVE
ARTICLE
FOR
CHILD
PORNOGRAPHY-RELATED
OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUS-
TICE.
(a) ANALYSIS REQUIRED.—The Secretary of Defense, in coordina-
tion with the Joint Service Committee on Military Justice, shall
analyze the feasibility and advisability of establishing a dedicated
punitive article under the Uniform Code of Military Justice to
address offenses relating to child pornography.
(b) REPORT.—Not later than December 31, 2026, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report detailing
the results of the analysis under subsection (a) and any associated
recommendations.
Subtitle H—Career Transition
SEC. 571. TRANSITION ASSISTANCE PROGRAM: AMENDMENTS; PILOT
PROGRAM; REPORTS.
(a) PROVISION OF PRESEPARATION COUNSELING: IN-PERSON TO
THE EXTENT PRACTICABLE.—Subsection (a) of section 1142 of title
10, United States Code, is amended, in paragraph (2)—
(1) by inserting ‘‘(A)’’ before ‘‘In carrying’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) Preseparation counseling may be provided in person to
the extent practicable. If the Secretary concerned determines that
it is infeasible for a member to attend such counseling in person,
such member may receive such counseling remotely, with online
access to modules and reading materials.’’.
(b) TRACKING
OF
TIMELINESS.—Such subsection is further
amended, in paragraph (3), by adding at the end the following
new subparagraph:
‘‘(C) The Secretary of Defense may implement a system to
track how many, and what percentage of, members begin to receive
preseparation counseling within time periods specified in this para-
graph.’’.
(c) WAIVER FOR CERTAIN MEMBERS OF THE RESERVE COMPO-
NENTS.—Such subsection is further amended, in paragraph (4),
by adding at the end the following new subparagraph:
S. 1071—168
‘‘(D) The Secretary concerned may waive the requirement for
preseparation counseling under paragraph (1) in the case of a
member of the reserve components if—
‘‘(i) the member requests such a waiver;
‘‘(ii) the member received preseparation counseling during
the period of three years preceding the date of such request;
and
‘‘(iii) matters covered by such counseling, specified in sub-
section (b), have not changed since the member last received
such counseling.’’.
(d) MINIMUM AMOUNT OF COUNSELING REGARDING FINANCIAL
PLANNING.—Such subsection is further amended, in paragraph (9)—
(1) by inserting ‘‘(A)’’ before ‘‘Financial’’;
(2) by inserting ‘‘and debt management,’’ after ‘‘loans’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) Individualized assistance regarding matters described
in subparagraph (A).’’.
(e) WEBSITE
OF
THE
DEPARTMENT
OF
VETERANS
AFFAIRS
REGARDING PROGRAMS FOR NEW VETERANS.—Section 523 of title
38, United States Code, is amended by adding at the end the
following new subsection:
‘‘(c) The Secretary shall maintain a publicly available website
of the Department through which a veteran or dependent of a
veteran may search by ZIP code for programs for—
‘‘(1) veterans who recently separated from active military,
naval, air, or space service; or
‘‘(2) dependents of veterans described in paragraph (1).’’.
(f) PILOT PROGRAM FOR MILITARY SPOUSES.—
(1) AUTHORITY.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense may
establish a pilot program for spouses of members of the covered
Armed Forces who are eligible to receive preseparation coun-
seling under TAP.
(2) VOLUNTARY BASIS.—Participation in such a pilot pro-
gram shall be on a voluntary basis.
(3) CURRICULUM.—The Secretary of Defense, in coordina-
tion with the Secretary of Veterans Affairs and the Secretary
of Labor, shall establish a curriculum based on TAP for such
a pilot program. The Secretary of Defense shall notify the
Committees on Armed Services of the Senate and House of
Representatives and the Committees on Veterans’ Affairs of
the Senate and House of Representatives of such establishment
(4) COUNSELING.—Counseling under such a pilot program
shall—
(A) be tailored to the military spouse and family;
(B) be offered at least once per calendar quarter at
each location selected under paragraph (5);
(C) be scheduled and delivered in a manner that maxi-
mizes accessibility for military spouses, including through
flexible or alternative scheduling options; and
(D) include at least one hour regarding benefits and
assistance available to military families and veterans from
each department under the jurisdiction of the Secretaries
specified in paragraph (3).
S. 1071—169
(5) LOCATIONS.—The Secretary of Defense shall carry out
such a pilot program at not more than five military installa-
tions. At least one such location shall be located outside the
continental United States.
(6) REPORT.—During the term of pilot program, the Sec-
retary of Defense shall submit to the Committees on Armed
Services and on Veterans’ Affairs of the Senate and House
of Representatives an annual report regarding the pilot pro-
gram. Such report shall include elements the Secretary deter-
mines appropriate, including the recommendation of the Sec-
retary whether the pilot program should be made permanent
or expanded.
(7) TERMINATION.—Such a pilot program shall terminate
three years after the Secretary of Defense establishes the pilot
program.
(8) DEFINITIONS.—In this subsection:
(A) The term ‘‘covered Armed Force’’ means the Army,
Navy, Marine Corps, Air Force, or Space Force.
(B) The term ‘‘TAP’’ means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United
States Code.
(g) ANNUAL REPORT ON TAP PARTICIPATION.—Not later than
one year 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 and on Veterans’ Affairs
of the Senate and House of Representatives a report on the Transi-
tion Assistance Program at five military installations, of various
sizes, including at least one location outside the continental United
States, where at least 250 members per year receive preseparation
counseling under section 1142 of title 10, United States Code.
Such report shall include the following elements with regards to
the year preceding the date of such report, disaggregated by military
installation:
(1) The number of members who have not accepted an
offer of full-time employment or have not enrolled in a program
of education or vocational training, who received fewer than
five days of preseparation counseling under such section.
(2) The average period of time between when a member
begins to receive preseparation counseling and the day the
member separates, retires, or is discharged.
(3) The number of members who began but did not complete
preseparation counseling, and, to the extent practicable, the
reason for non-completion.
(4) The number of members assigned to each pathway
under subsection (c) of such section.
SEC. 572. AMENDMENTS TO PATHWAYS FOR COUNSELING IN TRANSI-
TION ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is amended—
(1) by redesignating subparagraph (M) as subparagraph
(R); and
(2) by inserting after subparagraph (L) the following:
‘‘(M) Child care requirements of the member (including
whether a dependent of the member is enrolled in the Excep-
tional Family Member Program).
‘‘(N) The employment status of other adults in the house-
hold of the member.
S. 1071—170
‘‘(O) The location of the duty station of the member
(including whether the member was separated from family
while on duty).
‘‘(P) The effects of operating tempo and personnel tempo
on the member and the household of the member.’’.
SEC. 573. IMPROVEMENTS TO INFORMATION-SHARING TO SUPPORT
INDIVIDUALS RETIRING OR SEPARATING FROM THE
ARMED FORCES.
(a) OPT-OUT SHARING.—Section 570F of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10
U.S.C. 1142 note) is amended—
(1) in subsection (c)—
(A) by striking ‘‘out the form to indicate an email
address’’ and inserting the following: ‘‘out the form to
indicate—
‘‘(1) an email address’’;
(B) in paragraph (1), as designated by subparagraph
(A), by striking the period at the end and inserting ‘‘;
and’’;
(C) by adding at the end the following new paragraph:
‘‘(2) if the individual would like to opt-out of the transmittal
of the individual’s information to and through a State veterans
agency as described in subsection (a).’’; and
(2) by amending subsection (d) to read as follows:
‘‘(d) OPT-OUT OF INFORMATION SHARING.—Information on an
individual shall be transmitted to and through a State veterans
agency as described in subsection (a) unless the individual indicates
pursuant to subsection (c)(2) that the individual would like to
opt out of such transmittal.’’.
(b) STORAGE AND TRANSFER OF INFORMATION.—Such section
is further amended by adding at the end the following new sub-
section:
‘‘(e) STORAGE AND TRANSFER OF INFORMATION.—
‘‘(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into memoranda of understanding or other agreements
with the State veterans agencies described in subsection (a)
to create or modify a Department system to store and transfer
information under this section to information systems of such
State veterans agencies.
‘‘(2) COMPLIANCE.—The Secretary shall ensure that any
agreement entered into under paragraph (1) is in compliance
with—
‘‘(A) applicable provisions of law relating to privacy
and personally identifiable information; and
‘‘(B) applicable policies relating to cybersecurity of
Department information systems and State information
systems.’’.
(c) LIMITATION ON USE OF INFORMATION.—Such section is fur-
ther amended by adding at the end the following new subsection:
‘‘(f) LIMITATION ON USE OF INFORMATION.—Information trans-
ferred under this section may only be used by a State for the
purpose of providing or connecting veterans to benefits or services
as described in subsection (a).’’.
S. 1071—171
Subtitle I—Family Programs, Child Care,
and Dependent Education
SEC. 581. NOTIFICATION OF SUSPECTED CHILD ABUSE THAT OCCURS
AT A MILITARY CHILD DEVELOPMENT CENTER.
Section 1794 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(g) NOTIFICATION OF SUSPECTED CHILD ABUSE.—(1) The Sec-
retary of Defense shall prescribe regulations that require the
director of a military child development center to notify a parent
or guardian of a child who is the suspected victim of a covered
incident not later than 24 hours after a child care employee at
such military child development center learns of such covered
incident.
‘‘(2) The requirement under paragraph (1) shall not apply if
notification under such paragraph threatens the integrity of a law
enforcement investigation of such covered incident.
‘‘(3) In this subsection, the term ‘covered incident’ means alleged
or suspected abuse or neglect of a child that occurs at a military
child development center.’’.
SEC. 582. ENROLLMENT OF CHILDREN OF CERTAIN AMERICAN RED
CROSS EMPLOYEES IN SCHOOLS OPERATED BY THE
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) OVERSEAS SCHOOLS.—Section 1404(d)(1) of the Defense
Dependents’ Education Act of 1978 (20 U.S.C. 923(d)(1)) is amended
by adding at the end the following new subparagraph:
‘‘(D) Children of employees of the American Red Cross
who—
‘‘(i) are performing, on a full-time basis, services for
the Armed Forces, including emergency services; and
‘‘(ii) reside in an overseas area supported by a school
of the defense dependents’ education system.’’.
(b) CERTAIN DOMESTIC SCHOOLS.—Section 2164(i) of title 10,
United States Code, is amended—
(1) in the subsection heading, by striking ‘‘IN PUERTO RICO’’
and inserting ‘‘IN CERTAIN AREAS’’;
(2) in paragraph (1), by striking ‘‘in Puerto Rico’’ and
inserting ‘‘in a territory, commonwealth, or possession of the
United States’’; and
(3) in paragraph (2)(A), by striking ‘‘resides in Puerto Rico’’
and inserting ‘‘resides in a territory, commonwealth, or posses-
sion of the United States where a program referred to in
paragraph (1) is provided’’.
SEC. 583. ENSURING ACCESS TO DODEA SCHOOLS FOR CERTAIN MEM-
BERS OF THE RESERVE COMPONENTS.
Section 2164 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(n) ELIGIBILITY OF DEPENDENTS OF CERTAIN MEMBERS OF THE
RESERVE COMPONENTS.—(1) A dependent of a member described
in paragraph (2) shall be eligible to attend a school established
under this section at the military installation that is the permanent
station of such member and such dependent shall automatically
be granted enrollment at such school at the request of such member
if there is sufficient space in the school to accommodate the
S. 1071—172
dependent. In the event there is not sufficient space available
at such school at the time the dependent seeks to enroll, the
dependent shall be placed on a wait-list for enrollment in the
school.
‘‘(2) A member described in this paragraph is a member of
a reserve component performing active service pursuant to an order
for accompanied permanent change of station.’’.
SEC. 584. AUTHORIZATION OF DUAL OR CONCURRENT ENROLLMENT
PROGRAMS FOR STUDENTS OF DEFENSE DEPENDENT
SCHOOLS.
Chapter 108 of title 10, United States Code, is amended by
inserting after section 2164b the following new section:
‘‘§ 2164c. Authorization of dual or concurrent enrollment pro-
grams for students of Defense Dependent Schools
‘‘(a) IN GENERAL.—The Secretary of Defense, acting through
the Director of the Department of Defense Education Activity,
may—
‘‘(1) enter into arrangements with institutions of higher
education to provide students of Defense Dependent Schools
with access to postsecondary course credit through dual or
concurrent enrollment programs; and
‘‘(2) subject to subsection (b), provide financial assistance
to students to cover the costs associated with such programs.
‘‘(b) AMOUNT OF ASSISTANCE.—The amount of financial assist-
ance provided to an individual student under subsection (a)(2) may
not exceed $1,500 per school year.
‘‘(c) CREDIT TRANSFERABILITY.—The Secretary of Defense shall,
to the greatest extent practicable, ensure that the Department
of Defense Education Activity, in facilitating dual or concurrent
enrollment programs with institutions of higher education under
this section—
‘‘(1) establishes articulation or credit transfer agreements
that promote the transferability of academic credits earned
by participating students; and
‘‘(2) prioritizes agreements with institutions that offer
broad acceptance of such credits across degree programs.
‘‘(d) INSTITUTIONAL INTEGRITY.—In entering into contracts or
other agreements with institutions of higher education for purposes
of dual or concurrent enrollment programs under this section, the
Secretary of Defense shall ensure that such institutions have a
program participation agreement in effect under section 487 of
the Higher Education Act of 1965 (20 U.S.C. 1094) and are not
provisionally or temporarily certified.
‘‘(e) PREPARATION AND INFORMING FAMILIES AND EDUCATORS.—
In implementing dual or concurrent enrollment programs under
this section, the Secretary of Defense, acting through the Director
of the Department of Defense Education Activity, shall do the
following:
‘‘(1) COURSE SEQUENCE ALIGNMENT.—Design a sequence of
courses for such programs to match the academic content stand-
ards and level of rigor of the corresponding postsecondary
courses, in consultation and collaboration with—
‘‘(A) educators from Defense Dependent Schools serving
the military-connected community;
S. 1071—173
‘‘(B) faculty members from institutions of higher edu-
cation offering dual or concurrent enrollment programs;
and
‘‘(C) the school advisory committee (or the equivalent
advisory body) of each Defense Dependent School.
‘‘(2) OUTREACH AND INFORMATION DISSEMINATION.—Estab-
lish outreach and awareness efforts targeted toward elementary
and secondary school students, particularly those in the middle
grades and their families, educators, school counselors, and
principals, to provide—
‘‘(A) general information regarding the availability and
benefits of dual or concurrent enrollment programs;
‘‘(B) guidance on eligibility requirements, academic
expectations, and necessary preparatory coursework for
such programs; and
‘‘(C) resources to support informed decisionmaking and
successful student participation in such programs.
‘‘(f) TEACHER CERTIFICATION.—The Secretary of Defense shall
ensure that all dual or concurrent enrollment courses facilitated
by the Department of Defense Education Activity are taught by—
‘‘(1) a postsecondary faculty member who—
‘‘(A) is employed by a two-year or four-year institution
of higher education (which may include a community col-
lege); and
‘‘(B) meets the applicable postsecondary accreditation
standards for instructional staff; or
‘‘(2) a classroom teacher employed by a local educational
agency or by the Department of Defense Education Activity,
who—
‘‘(A) is qualified to teach in accordance with applicable
law; and
‘‘(B) has received training or certification to deliver
the dual or concurrent enrollment course curriculum in
alignment with the standards of the partnering institution
of higher education.
‘‘(g) ADDITIONAL REQUIREMENTS.—In carrying out this section,
the Secretary of Defense shall consult with the School Advisory
Committees (or the equivalent advisory bodies) and Parent Teacher
Associations of participating Defense Dependent Schools.
‘‘(h) ANNUAL BRIEFINGS.—
‘‘(1) IN GENERAL.—Not later than one year after the date
of the enactment of this section, and annually thereafter for
four years, the Secretary of Defense shall provide to the appro-
priate congressional committees a briefing on the status of
the dual and concurrent enrollment programs authorized under
this section.
‘‘(2) ELEMENTS.—Each briefing under paragraph (1) shall
include, with respect to the period covered by the briefing—
‘‘(A) the number of students who participated in dual
or concurrent enrollment programs authorized under this
section;
‘‘(B) the total cost to the Department of Defense of
providing such programs; and
‘‘(C) an explanation of—
‘‘(i) whether and to what extent such programs
consisted of online classes or in-person instruction; and
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‘‘(ii) the subjects taught in postsecondary classes
taken by students participating in such programs.
‘‘(3) DISAGGREGATION.—The information required under
paragraph (2) shall be set forth separately for each region
served by the Department of Defense Education Activity.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate congressional committees’
means—
‘‘(A) the Committee on Armed Services of the Senate;
and
‘‘(B) the Committee on Armed Services and the Com-
mittee on Education and Workforce of the House of Rep-
resentatives.
‘‘(2) The term ‘Defense Dependent School’ means—
‘‘(A) a school operated under the Defense Dependents’
Education System, as authorized under the Defense
Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.);
or
‘‘(B) a Department of Defense domestic dependent
elementary and secondary school, as authorized under sec-
tion 2164 of this title.
‘‘(3) The term ‘dual or concurrent enrollment program’
means a program offered by an arrangement between the
Department of Defense Education Activity and an institution
of higher education and through which a student enrolled in
a Defense Dependent School who has not graduated from high
school with a regular high school diploma is able to enroll
in one or more postsecondary courses and earn credit that
applies—
‘‘(A) toward completion of a postsecondary degree or
recognized educational credential as described in the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.);
and
‘‘(B) toward completion of high school.
‘‘(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).’’.
SEC. 585. RESTRICTIONS ON CERTAIN ACTIONS RELATING TO DODEA
SCHOOLS AND MILITARY CHILD DEVELOPMENT CENTERS.
(a) LIMITATION ON CLOSURE OF DODEA SCHOOLS.—Chapter
108 of title 10, United States Code, as amended by section 584
is further amended by inserting after section 2164c the following
new section:
‘‘§ 2164d. Limitation on school closures and certain other
actions with respect to schools operated by the
Department of Defense Education Activity
‘‘(a) LIMITATION.—The Secretary of Defense may not take any
action described in subsection (b) with respect to a school operated
by the Department of Defense Education Activity unless—
‘‘(1) the Secretary submits to the Committees on Armed
Services of the Senate and the House of Representatives—
‘‘(A) written notice of the intent of the Secretary to
take such action with respect to such school;
‘‘(B) the report required under subsection (c); and
S. 1071—175
‘‘(C) a written assurance that the Director of the
Department of Defense Education Activity has met,
engaged with, and solicited feedback from students, par-
ents, teachers, administrators, military installation leader-
ship, and the local community concerning the proposed
action; and
‘‘(2) a period of one year has elapsed following the date
on which the requirements under paragraph (1) have been
met.
‘‘(b) ACTIONS DESCRIBED.—The actions described in this sub-
section are the following:
‘‘(1) Closing or terminating the operations of a school.
‘‘(2) Preparing to close or terminate the operations of a
school.
‘‘(3) Reducing by 20 percent or more the number of spaces
available for enrollment in a school.
‘‘(4) Significantly reducing the services provided by a school,
including—
‘‘(A) curriculum offerings;
‘‘(B) special education services; and
‘‘(C) extracurricular activities.
‘‘(5) Transferring or conveying a school to a local edu-
cational agency or any other entity outside the Department
of Defense.
‘‘(c) REPORT.—Before taking any action described in subsection
(b), the Secretary of Defense shall prepare a report containing
a justification and analysis of such action. Such justification and
analysis shall include an explanation of—
‘‘(1) the monetary costs to the Department of Defense of
the action; and
‘‘(2) the effects of the action on—
‘‘(A) students;
‘‘(B) curriculum;
‘‘(C) gifted education programs;
‘‘(D) special education programs, including individual-
ized education programs (as defined in section 614(d)(1)(A)
of the Individuals with Disabilities Education Act (20
U.S.C. 1414(d)(1)(A)));
‘‘(E) educational and other accommodations provided
under section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794);
‘‘(F) the Exceptional Family Member Program; and
‘‘(G) local educational agencies in the area of the
affected school.
‘‘(d) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section,
the term ‘local educational agency’ has the meaning given that
term in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).’’.
(c) PROHIBITION ON TERMINATION OF CERTAIN EMPLOYEES.—
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 for the Department
of Defense may be obligated or expended to terminate a teacher
employed in a school operated by the Department of Defense Edu-
cation Activity or a child care employee (as defined in section
1800 of title 10, United States Code), regardless of whether such
positions are funded by appropriated or nonappropriated funds,
unless—
S. 1071—176
(1) the teacher or child care employee was documented
as not performing or engaging in misconduct;
(2) in the case of a teacher employed in a school operated
by the Department of Defense Education Activity, there was
a reduction in enrollment of 20 percent or more at the school
at which the teacher works; or
(3) in the case of a child care employee, there was a
change in staffing requirements based on enrollment.
SEC. 586. EXTENSION OF PILOT PROGRAM TO PROVIDE FINANCIAL
ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR
IN-HOME CHILD CARE.
(a) EXTENSION.—Subsection (d) of section 589 of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (10 U.S.C. 1791 note) is amended by striking ‘‘five
years after’’ and all that follows and inserting ‘‘on December 31,
2029.’’.
(b) FINAL REPORT.—Subsection (c)(2) of such section is amended
by striking ‘‘90 days after’’ and inserting ‘‘one year before’’.
SEC.
587.
MILITARY
ONESOURCE:
INFORMATION
REGARDING
MATERNAL HEALTH CARE.
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 (4) through (17) as para-
graphs (5) through (18), respectively; and
(2) by striking paragraphs (2) and (3) and inserting after
paragraph (1) the following new paragraphs:
‘‘(2) Health care.
‘‘(3) Maternal health care, including the following:
‘‘(A) A list of maternal health services furnished under
TRICARE.
‘‘(B) A guide to continuity of such care through a
permanent change of station.
‘‘(C) With regards to a pregnant member, relevant
regulations, options for leave, and uniform resources and
requirements.
‘‘(4) Death benefits and life insurance programs.’’.
SEC. 588. ASSISTANCE FOR DEPLOYMENT-RELATED SUPPORT OF MEM-
BERS OF THE ARMED FORCES UNDERGOING DEPLOYMENT
AND THEIR FAMILIES BEYOND THE YELLOW RIBBON RE-
INTEGRATION PROGRAM.
Section 582 of the National Defense Authorization Act for Fiscal
Year 2008 (10 U.S.C. 10101 note) is amended—
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following new sub-
section (k):
‘‘(k) SUPPORT BEYOND PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary of Defense may provide
funds to States, Territories, and government entities to carry
out programs, and other activities as the Secretary considers
appropriate, that provide deployment cycle information, serv-
ices, and referrals to eligible individuals throughout the deploy-
ment cycle. Such programs may include the provision of access
to outreach services, including the following:
S. 1071—177
‘‘(A) Employment counseling.
‘‘(B) Behavioral health counseling.
‘‘(C) Suicide prevention.
‘‘(D) Housing advocacy.
‘‘(E) Financial counseling.
‘‘(F) Referrals for the receipt of other related services.
‘‘(2) AUTHORIZATION
OF
APPROPRIATION.—For fiscal year
2026, $20,000,000 are authorized to be appropriated to carry
out paragraph (1).’’.
SEC. 589. 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 2026 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 2026 pursuant to section 301 and avail-
able for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for payments under section 363 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398; 114 Stat.
1654A–77; 20 U.S.C. 7703a).
(2) ADDITIONAL
AMOUNT.—Of the amount authorized to
be appropriated for fiscal year 2026 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, 2026, 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.
S. 1071—178
SEC. 589A. VERIFICATION OF REPORTING OF ELIGIBLE FEDERALLY
CONNECTED CHILDREN FOR PURPOSES OF FEDERAL
IMPACT AID PROGRAMS.
(a) CERTIFICATION.—Not later than January 1, 2027, and
annually thereafter, each commander of a military installation
under the jurisdiction of the Secretary of a military department
shall submit to such Secretary a written certification verifying
whether the commander has confirmed the information contained
in all impact aid source check forms received from local educational
agencies as of the date of such certification.
(b) BRIEFINGS.—
(1) INITIAL.—Not later than June 30, 2026, each Secretary
of a military department shall provide to the Committees on
Armed Services of the Senate and the House of Representatives
a briefing describing any anticipated challenges with imple-
menting the requirement under subsection (a).
(2) ANNUAL.—Not later than June 30, 2027, and annually
thereafter, each Secretary of a military department shall pro-
vide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing, based on the informa-
tion received under subsection (a), that identifies—
(A) each military installation under the jurisdiction
of such Secretary that has confirmed the information con-
tained in all impact aid source check forms received from
local educational agencies as of the date of the briefing;
(B) each military installation that has not confirmed
the information contained in such forms as of such date;
and
(C) any challenges confirming the information con-
tained in such forms as of such date.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘impact aid source check form’’ means a
form submitted to a military installation by a local educational
agency to confirm the number and identity of children eligible
to be counted for purposes of the Federal impact aid program
under section 7003(a) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703(a)).
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 589B. REGULATIONS ON THE USE OF PORTABLE ELECTRONIC
MOBILE DEVICES IN DEPARTMENT OF DEFENSE EDU-
CATION ACTIVITY SCHOOLS.
(a) REGULATIONS REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense,
acting through the Director of the Department of Defense Education
Activity, shall update existing regulations on student use of portable
electronic mobile devices in Department of Defense Education
Activity (DODEA) schools to prohibit disruption in the learning
environment by minimizing the use of such mobile devices to the
greatest extent practicable and to standardize such regulations
across all DODEA schools.
(b) BRIEFING REQUIRED.—Not later than 60 days after comple-
tion of the updated regulations required under subsection (a), the
Secretary of Defense shall brief the Committees on Armed Services
S. 1071—179
of the Senate and the House of Representatives on the updated
regulations, including—
(1) relevant evidence taken into consideration on the use
of portable electronic mobile devices in and around the class-
room on learning outcomes and social dynamics;
(2) a description of how the regulations have standardized
policies across all DODEA schools;
(3) an assessment of the influence, if any, of public-school
policies on mobile devices at school or in the classroom; and
(4) any other matters the Secretary determines relevant.
SEC. 589V. MANAGEMENT OF SPECIAL EDUCATION IN SCHOOLS OPER-
ATED
BY
DEPARTMENT
OF
DEFENSE
EDUCATION
ACTIVITY.
(a) IMPROVEMENTS TO STAFFING.—The Secretary of Defense,
acting through the Director of the Department of Defense Education
Activity, shall implement the following measures to improve staffing
of special education teachers and staff at schools operated by the
Activity:
(1) Require the inclusion, in the staffing model for a school,
of service minutes required by the individualized education
programs of students attending the school to more effectively
determine appropriate staffing for the school. As part of such
staffing model, service minutes for students with similar needs
may be counted concurrently when educationally appropriate.
(2) Collect the following data on underutilized special edu-
cation staff members:
(A) When such staff members are requested to transfer
to a school with greater needs for such staff members.
(B) How many requests for such transfers the Activity
receives.
(C) Whether such requests are approved or denied,
and at what locations.
(D) Once such a request is received, the likelihood
that the transfer occurs.
(3) Collect data on the turnover of special education
teachers and staff, including reasons for departure.
(4) Review access to and requirements for crisis training,
publicize Activity-wide policies with respect to such training
for consistency, and expand such training to relevant special
education teachers and staff, such as paraeducators, who are
not required, as of the date of the enactment of this Act,
to receive such training.
(5) Require district and regional administrators to track
training requirements for special education teachers and staff
to ensure that such teachers and staff are meeting such require-
ments.
(b) CLARIFICATION OF GUIDANCE.—The Secretary of Defense,
acting through the Director of the Department of Defense Education
Activity, shall implement the following measures to improve and
clarify guidance relating to special education provided by schools
operated by the Activity:
(1) Review the list of types of disabilities recognized by
the Activity as of the date of the enactment of this Act and
determine if that list meets the most recent best practices
for special education.
S. 1071—180
(2) Standardize and implement instructions for providing
special education materials to students across schools operated
by the Activity.
(3) Develop and implement a plan for standardizing special
education training across the Activity.
(4) Standardize reading intervention guidance and require-
ments across schools operated by the Activity, including by
requiring each school and district operated by the Activity
to have the same resources and instructions, and provide clear
guidance on how to access additional support materials if
required.
(c) IMPLEMENTATION DEADLINE.—The Secretary of Defense shall
complete implementation of the measures described in subsections
(a) and (b) by not later than two years after the date of the
enactment of this Act.
(d) BRIEFINGS REQUIRED.—
(1) INITIAL BRIEFING.—Not later than April 1, 2026, the
Director of the Department of Defense Education Activity shall
provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the following:
(A) Coordination by the Department of Defense Edu-
cation Activity with the Educational and Developmental
Intervention Services programs of the military departments
to determine what medical services the military depart-
ments are required to provide based on the needs of stu-
dents attending schools operated by the Activity.
(B) A description of the process in effect as of the
date of the briefing, if any, to resolve a dispute with respect
to required services under a student’s individualized edu-
cation program.
(C) A description of issues pending, and resolutions
of previous issues, under that process.
(D) An assessment of how support instructional special-
ists can better assist teachers with developing curriculum
for special education students.
(E) A description of how the Activity provides services
in the case of civilian or military dependents with severe
medical or special education requirements that a school
cannot meet, including any data on how many such cases
arise on an annual basis and in what locations.
(F) A description of the process in effect as of the
date of the briefing for reassigning a family from a school
located outside the United States if the education needs
of a child in the family cannot be met at that school
and data, for the 5 school years preceding the briefing,
on where such reassignments have been done and the
frequency of such reassignments.
(G) An assessment of the pay scale for special education
teachers and staff in effect as of the date of the briefing,
an identification of the last time the pay scale was updated,
a description of how the pay scale is determined, and
a statement of how often the pay scale is updated.
(H) Data on school and district-level requests for addi-
tional reading intervention curriculum, including the loca-
tions of such requests and whether such requests were
approved or denied.
S. 1071—181
(2) SEMI-ANNUAL BRIEFINGS.—The Director of the Depart-
ment of Defense Education Activity shall provide to the
Committees on Armed Services of the Senate and the House
of Representatives a briefing on the progress made in imple-
menting the measures described in subsections (a) and (b)—
(A) not later than 180 days after the date of the enact-
ment of this Act; and
(B) every 180 days thereafter until the Director cer-
tifies to the Committees that each such measure has been
implemented.
SEC. 589D. PILOT PROGRAM TO INCREASE PAYMENTS FOR CHILD
CARE SERVICES IN HIGH-COST AREAS.
(a) ESTABLISHMENT.—The Secretary may establish a pilot pro-
gram to increase the maximum amount of financial assistance
per month per child that the Secretary authorizes to be provided
to eligible providers under section 1798 of title 10, United States
Code, for services provided to children who are two years old or
younger in accordance with this section.
(b) REQUIREMENTS.—If the Secretary establishes a pilot pro-
gram under subsection (a), the Secretary—
(1) shall provide for an increased maximum amount of
financial assistance under the pilot program in each area with
high child care services costs, as determined by the Secretary;
and
(2) may provide for such increased maximum amount of
financial assistance in other areas as the Secretary considers
appropriate.
(c) REPORTS.—
(1) ANNUAL REPORTS.—Not later than one year after the
establishment of the pilot program under this subsection, and
annually thereafter until the date of the termination of the
pilot program, the Secretary shall submit to the congressional
defense committees a report on the pilot program that
includes—
(A) the number of families with respect to whom the
Secretary has increased the maximum amount of financial
assistance per month per child being provided under the
pilot program, disaggregated by location;
(B) the methodology for determining the areas that
should receive an increased amount of financial assistance
per month per child under the pilot program;
(C) the number of areas the Secretary determined
should receive such increased amount of financial assist-
ance;
(D) the total amount of financial assistance provided
under the pilot program with respect to such families,
disaggregated by location;
(E) the total amount of financial assistance that would
have been provided with respect to such families without
the increase under the pilot program, disaggregated by
location;
(F) the determination of the Secretary as to whether
additional funding under the pilot program—
(i) helped reduce child care costs for applicable
military families;
S. 1071—182
(ii) increased child care provider participation in
the financial assistance available under this section;
and
(iii) increased access to infant and toddler care
for military families;
(G) the determination of the Secretary with respect
to the feasibility of expanding the pilot program to all
communities;
(H) any challenges identified by the Secretary in car-
rying out the pilot program;
(I) legislation or administrative action that the Sec-
retary determines necessary to make the pilot program
permanent; and
(J) any other information the Secretary determines
appropriate.
(2) FINAL REPORT.—Not later than 90 days after the date
of the termination of the pilot program, the Secretary shall
submit to the congressional defense committees a report that
includes—
(A) the elements specified in subparagraphs (A)
through (J) of paragraph (3); and
(B) the recommendation of the Secretary as to whether
to make the pilot program permanent.
(d) TERMINATION.—The pilot program established under this
subsection shall terminate on the date that is five years after
the date on which such program is established.
Subtitle J—Decorations and Awards,
Reports, and Other Matters
SEC. 591. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO E.
ROYCE WILLIAMS FOR ACTS OF VALOR DURING THE
KOREAN WAR.
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time
limitations specified in section 8298 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 award the Medal of Honor under section 8291 of such title
to E. Royce Williams for the acts of valor described in subsection
(b).
(b) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this subsection are the actions of E. Royce Williams, as a lieuten-
ant in the Navy, on November 18, 1952.
SEC. 592. AUTHORIZATION FOR POSTHUMOUS AWARD OF THE DISTIN-
GUISHED-SERVICE CROSS TO ISAAC ‘‘IKE’’ CAMACHO FOR
ACTS OF VALOR IN VIETNAM.
(a) WAIVER OF TIME LIMITATIONS.—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 Secretary
of the Army may award the distinguished-service cross under sec-
tion 7272 of such title to Isaac ‘‘Ike’’ Camacho for the acts of
valor in Vietnam described in subsection (b).
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred
to in subsection (a) are the actions of Isaac ‘‘Ike’’ Camacho from
S. 1071—183
November 24, 1963, to July 13, 1965, in Vietnam for which he
was previously awarded the Silver Star.
SEC. 593. COMPLIANCE WITH TRAVEL CHARGE CARD DEACTIVATION
REQUIREMENTS.
(a) POLICY COMPLIANCE.—Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall
ensure that Department of Defense policies and procedures are
consistent with section 2(h)(1)(H) of the Travel and Transportation
Reform Act of 1998 (Public Law 105–264; 5 U.S.C. 5701 note)
and related implementing guidance, regarding the prompt deactiva-
tion and closure of government-issued travel charge card accounts
upon the separation, retirement, or termination of military or
civilian personnel.
(b) COMPTROLLER REVIEW.—Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of Defense
(Comptroller) shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
describing—
(1) actions taken to verify consistent implementation of
deactivation and closure policies for government-issued travel
charge cards across the military departments and defense agen-
cies;
(2) any gaps or inconsistencies identified in the execution
of current policy; and
(3) recommendations, if any, to improve compliance, over-
sight, or prevention of unauthorized card use following per-
sonnel separation.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Basic Pay and Retired Pay
Sec. 601. Codification of applicability to Space Force of certain pay and allowance
authorities.
Sec. 602. Extension of enhanced authority for selective early retirement and early
discharges.
Sec. 603. Extension of temporary early retirement authority.
Subtitle B—Bonus, Incentive, and Separation Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Extension of authority to provide voluntary separation pay and benefits.
Sec. 613. Implementation of aviation incentive pay for members of reserve compo-
nents.
Sec. 614. Reviews of designations of imminent danger pay areas.
Subtitle C—Allowances
Sec. 621. Modifications to calculation of basic allowance for subsistence for enlisted
members.
Sec. 622. Family separation allowance: increase.
Sec. 623. Extending certain travel allowance for members of the Armed Forces as-
signed to Alaska.
Sec. 624. Improvements to basic allowance for housing.
Subtitle D—Leave
Sec. 631. Improved parental leave for members of the armed forces.
Sec. 632. Convalescent leave for cadets and midshipmen.
Subtitle E—Family and Survivor Benefits
Sec. 641. Annual review of financial assistance limits for child care and youth pro-
gram services providers.
S. 1071—184
Sec. 642. Waiver of requirements for air transportation of deceased members of the
Armed Forces when necessary to meet mission requirements.
Subtitle F—Defense Resale Matters
Sec. 651. Use of commissary stores: civilian employees of Military Sealift Com-
mand.
Sec. 652. Defense commissary system and exchange system: patronage; privatiza-
tion.
Subtitle G—Other Benefits, Administrative Matters, Reports, and Briefings
Sec. 661. Inclusion of descriptions of types of pay on pay statements.
Sec. 662. Provision of information regarding relocation assistance programs for
members receiving orders for a change of permanent station.
Sec. 663. Expansion of pilot program to increase access to food on military installa-
tions.
Sec. 664. Military compensation educational campaign.
Sec. 665. Designation of United States Army Garrison Kwajalein Atoll as remote
and isolated military installation.
Subtitle A—Basic Pay and Retired Pay
SEC. 601. CODIFICATION OF APPLICABILITY TO SPACE FORCE OF CER-
TAIN PAY AND ALLOWANCE AUTHORITIES.
(a) DEFINITIONS.—Section 101 of title 37, United States Code,
is amended—
(1) in subparagraphs (A) and (B) of paragraph (22), by
inserting ‘‘, or for members of the Space Force in space force
active status not on sustained duty,’’ after ‘‘reserve component’’
each place it appears; and
(2) by adding at the end the following new paragraphs:
‘‘(27) The term ‘space force active status’ has the meaning
given that term in section 101 of title 10.
‘‘(28) The term ‘sustained duty’ has the meaning given
that term in section 101 of title 10.’’.
(b) BASIC PAY.—
(1) REFERENCES
TO
OFFICER
GRADES.—Section 201(a) of
such title is amended—
(A) by striking ‘‘(1) Subject to paragraph (2), for the’’
and inserting ‘‘For the’’;
(B) by striking ‘‘and Marine Corps’’ in the heading
of the second column of the table and inserting ‘‘Marine
Corps, and Space Force’’; and
(C) by striking paragraph (2).
(2) APPLICABLE PAY AND ALLOWANCES FOR CERTAIN SPACE
FORCE MEMBERS WHO ARE PHYSICALLY DISABLED OR INCUR LOSS
OF
EARNED
INCOME
WHEN
NOT
ON
SUSTAINED
DUTY.—Sub-
sections (g)(1) and (h)(1) of section 204 of such title are amended
by inserting ‘‘, or a member of the Space Force in space force
active status not on sustained duty,’’ after ‘‘of a reserve compo-
nent of a uniformed service’’ each place it appears.
(3)
SERVICE
CREDITABLE
FOR
COMPUTATION.—Section
205(a)(2) of such title is amended—
(A) by transferring subparagraph (F) so as to appear
after subparagraph (A);
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (F), (B), (D), and
(E) as subparagraphs (B), (D), (E), and (F), respectively;
and
S. 1071—185
(D) by inserting after subparagraph (B), as transferred
and redesignated by subparagraphs (A) and (C) of this
paragraph, the following new subparagraph:
‘‘(C) the Space Force;’’.
(4) INACTIVE-DUTY TRAINING PAY.—Section 206 of such title
is amended—
(A) in the section heading, by inserting ‘‘; MEMBERS
OF THE SPACE FORCE’’ before the colon;
(B) in subsection (a) in the matter preceding paragraph
(1)—
(i) by striking ‘‘Guard or a’’ and inserting ‘‘Guard,
a’’; and
(ii) by inserting ‘‘, or a member of the Space Force’’
after ‘‘uniformed service’’ the first place it appears;
(C) in subsection (d)—
(i) in paragraph (1), by inserting ‘‘, by a member
of the Space Force,’’ after ‘‘reserve component’’; and
(ii) in paragraph (2), by inserting ‘‘or the Space
Force,’’ after ‘‘Ready Reserve’’; and
(D) in subsection (e)—
(i) by striking ‘‘Guard or of a’’ and inserting
‘‘Guard, a’’; and
(ii) by inserting ‘‘, or the Space Force’’ after ‘‘uni-
formed services’’.
(5) PARTICIPATION
IN
THRIFT
SAVINGS
PLAN.—Section
211(a)(2) of such title is amended by inserting ‘‘or the Space
Force’’ after ‘‘member of the Ready Reserve’’.
(c) SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—
(1) GENERAL BONUS AUTHORITY FOR ENLISTED MEMBERS.—
Section 331 of such title is amended—
(A) in subsection (a)—
(i) in paragraph (4), by striking ‘‘or’’ at the end;
(ii) in paragraph (5), by striking the period and
inserting ‘‘; or’’; and
(iii) by adding at the end the following new para-
graph:
‘‘(6) transfers from a regular component or reserve compo-
nent of an armed force to the Space Force or from the Space
Force to a regular component or reserve component of another
armed force, subject to the approval of the Secretary with
jurisdiction over the armed force to which the member is
transferring.’’; and
(B) in subsection (c)(1)—
(i) in subparagraph (B), by inserting ‘‘, or in the
Space Force on sustained duty under section 20105
of title 10,’’ after ‘‘in a regular component’’;
(ii) in subparagraph (C), by inserting ‘‘, or in the
Space Force in space force active status not on sus-
tained duty under section 20105 of title 10,’’ after
‘‘in a reserve component’’; and
(iii) in subparagraph (D), by striking ‘‘paragraph
(4) or (5)’’ and inserting ‘‘paragraph (4), (5), or (6)’’.
(2) GENERAL BONUS AUTHORITY FOR OFFICERS.—Section 332
of such title is amended—
(A) in subsection (a)—
(i) in paragraph (4), by striking ‘‘or’’ at the end;
S. 1071—186
(ii) in paragraph (5), by striking the period and
inserting ‘‘; or’’; and
(iii) by adding at the end the following new para-
graph:
‘‘(6) transfers from a regular component or reserve compo-
nent of a uniformed service to the Space Force or from the
Space Force to a regular component or reserve component of
another uniformed service, subject to the approval of the Sec-
retary with jurisdiction over the uniformed service to which
the member is transferring.’’; and
(B) in subsection (c)(1)—
(i) in subparagraph (C), by inserting ‘‘, or in the
Space Force on sustained duty under section 20105
of title 10,’’ after ‘‘in a regular component’’;
(ii) in subparagraph (D), by inserting ‘‘, or in the
Space Force in space force active status not on sus-
tained duty under section 20105 of title 10,’’ after
‘‘in a reserve component’’; and
(iii) in subparagraph (E), by striking ‘‘paragraph
(4) or (5)’’ and inserting ‘‘paragraph (4), (5), or (6)’’.
(3) SPECIAL AVIATION INCENTIVE PAY OR BONUS FOR OFFI-
CERS.—Section 334 of such title is amended—
(A) in subsections (a)(1), (b), and (h)(1), by striking
‘‘in a regular or reserve component’’ each place it appears;
(B) in subsection (b)(3), by inserting ‘‘, or, in the case
of an officer of the Space Force, to remain in space force
active status,’’ after ‘‘in a reserve component’’;
(C) in subsection (e)—
(i) in the subsection heading, by striking ‘‘RESERVE
COMPONENT’’; and
(ii) by striking ‘‘A reserve component officer’’ and
inserting ‘‘An officer’’; and
(D) in paragraphs (2) and (3) of subsection (h), by
striking ‘‘regular or reserve component’’ each place it
appears.
(4) SPECIAL
PAYS.—Sections 351(a), 352(a), 353(a), and
353(b) of such title are amended by striking ‘‘of a regular
or reserve component’’ each place it appears.
(5) RETENTION
INCENTIVES
FOR
MEMBERS
QUALIFIED
IN
CRITICAL
MILITARY
SKILLS
OR
ASSIGNED
TO
HIGH
PRIORITY
UNITS.—Section 355 of such title is amended—
(A) in subsection (a)—
(i) in the matter preceding paragraph (1)—
(I) by striking ‘‘An officer or enlisted member’’
and inserting ‘‘A member’’; and
(II) by inserting ‘‘, or a member the Space
Force who is serving in space force active status,’’
after ‘‘in a reserve component’’; and
(ii) in paragraph (1)—
(I) by striking ‘‘or to remain’’ and inserting
‘‘, to remain’’; and
(II) by inserting ‘‘, or to remain in space force
active status for at least one year’’ before the semi-
colon at the end;
(B) in subsection (d)(1) in the second sentence, by
inserting ‘‘or a member of the Space Force not on sustained
duty’’ after ‘‘reserve component member’’; and
S. 1071—187
(C) in subsection (e)—
(i) in paragraph (1) in the place it appears in
subparagraph (A) and in the first place it appears
in subparagraph (B), by striking ‘‘active duty or service
in an active status in a reserve component’’ and
inserting ‘‘a specified form of service (or combination
thereof)’’;
(ii) in paragraphs (1)(B), (2), (3), and (4), by
striking ‘‘active duty or service in an active status
in a reserve component for which’’ each place it
appearsand inserting ‘‘service for which’’; and
(iii) by adding at the end the following new para-
graph:
‘‘(5) In this subsection, the term ‘specified form of service’
means—
‘‘(A) service on active duty;
‘‘(B) service in an active status in a reserve component;
or
‘‘(C) service in the Space Force in space force active status.’’.
(6) CONTINUATION PAY FOR FULL TSP MEMBERS WITH 7 TO
12 YEARS OF SERVICE.—Section 356(b) of such title is amended—
(A) in the matter preceding paragraph (1)—
(i) in the second sentence, by striking ‘‘or a reserve
component’’ and inserting ‘‘, a member of the Space
Force on sustained duty, or a member of a reserve
component’’; and
(ii) in the third sentence, by inserting ‘‘or a member
of the Space Force in space force active status not
on sustained duty’’ after ‘‘(as so defined)’’;
(B) in paragraph (1) in the matter preceding subpara-
graph (A), by inserting ‘‘or a member of the Space Force
on sustained duty’’ after ‘‘of a regular component’’; and
(C) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘or a member of the Space Force in space
force active status and not on sustained duty’’ after
‘‘of a reserve component’’; and
(ii) in subparagraph (A), by inserting ‘‘or a member
of the Space Force on sustained duty, respectively,’’
after ‘‘of a regular component’’.
(d) ADMINISTRATION
OF SPECIAL PAY, INCENTIVE PAY, AND
BONUS AUTHORITIES.—
(1) CONTINUATION OF PAY AND ALLOWANCES DURING CER-
TAIN HOSPITALIZATION AND REHABILITATION.—Section 372(a) of
such title is amended by striking ‘‘of a regular or reserve
component’’.
(2) REPAYMENT OF UNEARNED PORTION OF BONUS OR SPE-
CIAL OR INCENTIVE PAY.—Section 373(d)(2)(A) of such title is
amended by striking ‘‘in a regular or reserve component who
remains on active duty or in an active status’’ and inserting
‘‘who remains on active duty, in an active status in a reserve
component, or in space force active status’’.
(e) ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION
ALLOWANCES.—Section 416(a) of such title is amended by inserting
‘‘an officer of the Space Force not on sustained duty,’’ after ‘‘of
component,’’.
(f) LEAVE.—Section 501 of such title is amended—
S. 1071—188
(1) in subsection (a)—
(A) in paragraphs (4) and (5), by inserting ‘‘, or of
the Space Force,’’ after ‘‘of a reserve component’’ each place
it appears; and
(B) in paragraph (4), by inserting ‘‘, or from the Space
Force,’’ after ‘‘from the reserve component’’; and
(2) in subsection (b)(5)—
(A) in subparagraphs (A) and (D), by inserting ‘‘, or
a member of the Space Force in space force active status
not on sustained duty,’’ after ‘‘of a reserve component’’
each place it appears; and
(B) in subparagraph (C), by striking ‘‘Regular’’ before
‘‘Space Force’’.
(g) MISCELLANEOUS RIGHTS AND BENEFITS.—
(1) ACCEPTANCE OF EMPLOYMENT, PAYMENTS, AND AWARDS
FROM FOREIGN GOVERNMENTS.—Section 908(a)(2) of such title
is amended by inserting ‘‘and members of the Space Force
in space force active status not on sustained duty’’ after ‘‘of
the armed forces’’.
(2) INVOLUNTARILY MOBILIZED RESERVE COMPONENT MEM-
BERS
SUBJECT
TO
EXTENDED
AND
FREQUENT
ACTIVE
DUTY
SERVICE.—Section 910 of such title is amended—
(A) in the heading, by inserting ‘‘AND MEMBERS OF
THE
SPACE
FORCE’’ after ‘‘RESERVE
COMPONENT
MEM-
BERS’’;
(B) in subsection (a), by inserting ‘‘or of the Space
Force’’ after ‘‘of the armed forces’’; and
(C) in subsections (b)(1), (b)(2), (b)(3), and (e)(1), by
inserting ‘‘or the Space Force’’ after ‘‘a reserve component’’
each place it appears.
(h) ADMINISTRATION.—Section 1002 of such title is amended—
(1) in the heading, by striking ‘‘AND MEMBERS OF NATIONAL
GUARD’’ and inserting ‘‘; MEMBERS OF THE NATIONAL GUARD;
MEMBERS OF THE SPACE FORCE’’;
(2) in subsection (a)—
(A) by striking ‘‘of the National Guard, or of a reserve
component of a uniformed service,’’ and inserting ‘‘of a
reserve component of a uniformed service, or of the Space
Force’’; and
(B) by striking ‘‘his consent’’ and inserting ‘‘the consent
of the member’’; and
(3) in subsection (c), by inserting ‘‘or the Space Force’’
after ‘‘of a reserve component’’.
(i) CONFORMING AMENDMENT TO REFLECT CHANGE OF NAME
OF SPACE AND MISSILE SYSTEMS CENTER TO SPACE SYSTEMS COM-
MAND.—Section 2273a(a) of title 10, United States Code, is amended
by striking ‘‘Air Force Space and Missile Systems Center’’ and
inserting ‘‘Space Force Space Systems Command’’.
SEC. 602. EXTENSION OF ENHANCED AUTHORITY FOR SELECTIVE
EARLY RETIREMENT AND EARLY DISCHARGES.
Section 638a(a)(2) of title 10, United States Code, is amended
by striking ‘‘December 31, 2025’’ and inserting ‘‘December 31, 2030’’.
SEC.
603.
EXTENSION
OF
TEMPORARY
EARLY
RETIREMENT
AUTHORITY.
Section 4403(i) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 note) is
S. 1071—189
amended by striking ‘‘December 31, 2025’’ and inserting ‘‘December
31, 2030’’.
Subtitle B—Bonus, Incentive, and
Separation 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, 2025’’ and inserting ‘‘December 31, 2026’’.
(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, 2025’’ and inserting
‘‘December 31, 2026’’:
(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, 2025’’ and inserting ‘‘December 31, 2026’’.
(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, 2025’’ and inserting ‘‘December 31, 2026’’:
(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, 2025’’ and inserting ‘‘December 31, 2026’’; and
S. 1071—190
(2) in paragraph (8)(C), relating to an area where actual
housing costs differ from current rates by more than 20 percent,
by striking ‘‘December 31, 2025’’ and inserting ‘‘December 31,
2026’’.
SEC. 612. EXTENSION OF AUTHORITY TO PROVIDE VOLUNTARY SEPA-
RATION PAY AND BENEFITS.
Section 1175a(k)(1) of title 10, United States Code, is amended
by striking ‘‘December 31, 2025’’ and inserting ‘‘December 31, 2030’’.
SEC. 613. IMPLEMENTATION OF AVIATION INCENTIVE PAY FOR MEM-
BERS OF RESERVE COMPONENTS.
Section 602(d) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 37 U.S.C. 357 note) is
amended—
(1) in paragraph (2)—
(A) by striking ‘‘In making’’ and inserting the following:
‘‘(A) IN GENERAL.—In making’’; and
(B) by adding at the end the following new subpara-
graphs:
‘‘(B) AVIATION INCENTIVE PAY EVALUATION.—Not later
than June 1, 2026, the Secretary shall complete the evalua-
tion required by subparagraph (A) with respect to aviation
incentive pay under section 334 of title 37, United States
Code. In conducting that evaluation, the Secretary shall
make a specific determination with respect to the percent-
age of such aviation incentive pay, if any, that is paid
specifically to maintain skill certification or proficiency
under section 357 of title 37, United States Code.
‘‘(C) SPECIAL
AND
INCENTIVE
PAY
FRAMEWORK.—Not
later than June 1, 2026, the Secretary shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a detailed report on the special
and incentive pay assessment framework, required by the
Senate
report
accompanying
the
National
Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–
31), that includes the Secretary’s plan and timeline for
implementing such framework.’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) INITIATION OF PAYMENTS.—Not later than January 1,
2027, the Secretary concerned shall begin making aviation
incentive payments under section 357 of title 37, United States
Code, pursuant to the determination made under paragraph
(2)(B).’’.
SEC. 614. REVIEWS OF DESIGNATIONS OF IMMINENT DANGER PAY
AREAS.
(a) INITIAL REVIEW.—Not later than March 1, 2026, the Sec-
retary of Defense, in coordination with the Secretaries of the mili-
tary departments, shall—
(1) commence a review of each area designated under sec-
tion 351(a)(3) of title 37, United States Code, to determine
whether the area is one in which a member of the uniformed
services is subject to imminent danger of physical injury due
to threat conditions; and
(2) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the review,
S. 1071—191
including any changes to designations under that section that
result from the review.
(b) SUBSEQUENT REVIEWS.—
(1) IN GENERAL.—Not later than March 1, 2031, and every
5 years thereafter, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall conduct
a review described in subsection (a)(1).
(2) REPORTS REQUIRED.—Not later than 60 days after com-
pleting a review under paragraph (1), the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the review,
including any changes to designations under that section that
result from the review.
(c) REPORTS ON DESIGNATION CHANGES BETWEEN REPORTS.—
If, at any time between the submission of reports required by
subsections (a)(2) and (b)(2), the Secretary of Defense or the Sec-
retary of a military department conducts a review of areas des-
ignated under section 351(a)(3) of title 37, United States Code,
and makes a change to any such designation, that Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the review and the change
not later than 60 days after the change is made.
Subtitle C—Allowances
SEC. 621. MODIFICATIONS TO CALCULATION OF BASIC ALLOWANCE
FOR SUBSISTENCE FOR ENLISTED MEMBERS.
(a) MODIFICATION.—
(1) IN GENERAL.—Section 402(b) of title 37, United States
Code, is amended—
(A) by striking paragraph (1) and inserting the fol-
lowing new paragraph:
‘‘(1)(A) The monthly rate of basic allowance for subsistence
to be in effect for an enlisted member for a year (beginning on
January 1 of that year) shall be equal to the monthly cost of
a liberal food plan for a male in the United States who is between
19 and 50 years of age, as determined by the Secretary of Agri-
culture on October 1 of the preceding year.
‘‘(B) With respect to a member who is subject to monthly
deduction from pay for meals under section 1011(b) of this title,
the amount payable under subparagraph (A) shall be reduced by
the amount of such deduction from pay, in accordance with policies
prescribed by the Secretary of Defense.
‘‘(C) The monthly rate of basic allowance for subsistence to
be in effect for an enlisted member for a year under subparagraph
(A) may not decrease relative to the rate in effect for the preceding
year.’’; and
(B) by striking paragraph (3).
(2) IMPLEMENTATION PLAN.—Not later than September 30,
2026, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representa-
tives a plan for the implementation of the amendments made
by subsection (a).
(b) REPORT.—Not later than March 31, 2026, and annually
thereafter through 2028, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
S. 1071—192
of Representatives a report that, with respect to the fiscal year
in which the report is submitted, describes—
(1) the manner in which the Secretary of Defense allocated
funds to pay for food programs and whether such funds were
drawn from funds authorized for the for the basic allowance
for subsistence under section 402 of title 37, United States
Code;
(2) whether and the extent to which subsistence in-kind
and other sources of appropriated funds were budgeted to pay
for food programs on military installations; and
(3) the manner in which the Secretaries of the military
departments used authorities of such Secretaries to fund the
fully burdened cost of feeding members—
(A) of the Army, Navy, Marine Corps, Air Force, and
Space Force; and
(B) who were assigned to essential station messing
during such fiscal year.
SEC. 622. FAMILY SEPARATION ALLOWANCE: INCREASE.
Section 427(a)(1) of title 37, United States Code, is amended
in the matter preceding subparagraph (A) by striking ‘‘$250’’ and
inserting ‘‘$300’’.
SEC. 623. EXTENDING CERTAIN TRAVEL ALLOWANCE FOR MEMBERS
OF THE ARMED FORCES ASSIGNED TO ALASKA.
Section 603(b) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263) is
amended—
(1) in paragraph (2), by amending subparagraph (A) to
read as follows:
‘‘(A) the member is—
‘‘(i) assigned to a duty location in Alaska for a
period of not less than one year; and
‘‘(ii) unaccompanied by dependents in such duty
location; and’’; and
(2) by amending paragraph (5) to read as follows:
‘‘(5) PERIOD SPECIFIED.—The period specified in this para-
graph is the period—
‘‘(A) beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2026;
and
‘‘(B) ending on December 31, 2027.’’.
SEC. 624. IMPROVEMENTS TO BASIC ALLOWANCE FOR HOUSING.
(a) INCREASING AWARENESS.—The Secretary of Defense shall
seek to improve transparency of the calculation of BAH by—
(1) developing a clear, accessible document that explains
how rates of BAH are determined, including methodology and
types of data sources used, which shall be—
(A) reviewed and updated not less frequently than
annually and as rates and calculation methods change;
and
(B) made available on a publicly accessible internet
website and distributed across all relevant components of
the Department of Defense; and
(2) providing to members of the Armed Forces when such
members experience a permanent change of station, permanent
change of assignment, change in dependency status, change
S. 1071—193
in grade, or any other event that may impact the eligibility
of such members for or rate of BAH—
(A) the information included in the document developed
under paragraph (1); and
(B) an explanation of the type of rental housing the
rate of BAH received by such members is intended to
support in each locality.
(b) STUDY TO EVALUATE ALTERNATIVE RATE CALCULATION.—
(1) STUDY.—
(A) IN GENERAL.—Not later than September 30, 2026,
the Secretary of Defense shall seek to enter into an agree-
ment with a covered entity to conduct a study in which
the covered entity—
(i) assesses the adequacy of the current BAH for
MHAs selected under paragraph (3), including a review
of the commuting times and distances of members
of the Armed Forces and the overall affordability of
housing in such MHAs;
(ii) reviews existing methods of calculating BAH
and proposes methods of calculating BAH described
in paragraph (2) for MHAs selected under paragraph
(3) that are more efficient and accurate than such
existing methods, as appropriate; and
(iii) evaluates the feasibility and advisability of
using machine learning and artificial intelligence in
the calculation of BAH and, if feasible and advisable,
incorporates machine learning and artificial intel-
ligence into the proposed methods described in clause
(i).
(B) RULE OF CONSTRUCTION.—During the study con-
ducted in accordance with subparagraph (A), the Secretary
shall pay BAH in MHAs selected under paragraph (3)
at rates prescribed under section 403 of title 37, United
States Code.
(2) PROPOSED MONTHLY RATES.—A proposed monthly rate
of BAH described in this paragraph—
(A) accurately reflects housing prices in the MHA sub-
ject to such rate; and
(B) is sufficient for military families who reside in
such MHA to procure adequate and affordable housing.
(3) MHAS.—The Secretary shall select not fewer than 15
MHAs for the covered entity to evaluate in the study conducted
in accordance with paragraph (1). In selecting MHAs for evalua-
tion under such study, the Secretary shall consider factors
including the following:
(A) Variety of geographic location.
(B) The ranks of members who reside in an MHA.
(C) Whether members who reside in an MHA have
dependents.
(D) Economic factors including inflation, cost of living,
and the cost of private mortgage insurance.
(4) COMPLETION.—An agreement entered into under para-
graph (1)(A) shall require the study conducted under such
agreement to be completed not later than the date that is
three years after the date on which the Secretary and the
covered entity enter into such agreement.
S. 1071—194
(5) ANNUAL BRIEFINGS.—Not later than 180 days after the
date of the enactment of this Act, and on an annual basis
thereafter until the completion of the study conducted in accord-
ance with paragraph (1), the Secretary shall provide to the
Committees on Armed Services of the Senate and the House
of Representatives a briefing on the status of the study under
this section.
(6) REPORT.—Not later than 120 days after the date of
the completion of the study conducted in accordance with para-
graph (1), the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives
a report containing the results of such study. Such report
shall include—
(A) an evaluation by the Secretary of the proposed
methods of calculating BAH by a covered entity pursuant
to an agreement under paragraph (1); and
(B) any recommendations of the Secretary for legisla-
tion to improve the methods of calculating BAH based
on the study.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘BAH’’ means the basic allowance for housing
for members of the uniformed services under section 403 of
title 37, United States Code.
(2) The term ‘‘covered entity’’ means an entity or combina-
tion of entities—
(A) with combined expertise in data analysis and
machine learning and access to relevant data on local rental
rates in real estate markets in the MHAs selected under
subsection (b)(3); and
(B) that has not participated in anticompetitive price-
fixing in a real estate market.
(3) The term ‘‘MHA’’ means military housing area.
Subtitle D—Leave
SEC. 631. IMPROVED PARENTAL LEAVE FOR MEMBERS OF THE ARMED
FORCES.
(a) REGULATIONS.—Section 701(h)(1)(B) of title 10, United
States Code, is amended by adding at the end the following new
clause:
‘‘(iii) The regulations prescribed under clause (i) shall authorize
a member described in such clause to take leave described under
subparagraph (A) during the two-year period beginning after an
event described in clause (i) or (ii) of such subparagraph with
the approval of the first general officer or flag officer in the chain
of command of such member.’’.
(b) IMPLEMENTATION; REPORT.—Not later than 180 days after
the date of the enactment of this section, the Secretary of Defense
shall—
(1) prescribe regulations under subparagraph (B) of section
701(h)(1) of title 10, United States Code, to implement the
amendment made by subsection (a); and
(2) submit to the Committees on Armed Forces of the
Senate and House of Representatives a report regarding the
implementation of this section.
S. 1071—195
SEC. 632. CONVALESCENT LEAVE FOR CADETS AND MIDSHIPMEN.
Section 702 of title 10, United States Code, is amended—
(1) by redesignating subsections (c), (d), and (e) as sub-
sections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following new sub-
section:
‘‘(c) CONVALESCENT LEAVE.—An academy cadet or midshipman
diagnosed with a medical condition is allowed convalescent leave
under section 701(m) of this title.’’; and
(3) in subsection (d), as redesignated by paragraph (1)
of this section, by striking ‘‘Sections 701’’ and inserting ‘‘Except
as provided by subsection (c), sections 701’’.
Subtitle E—Family and Survivor Benefits
SEC. 641. ANNUAL REVIEW OF FINANCIAL ASSISTANCE LIMITS FOR
CHILD CARE AND YOUTH PROGRAM SERVICES PROVIDERS.
Section 1798 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d) ANNUAL REVIEW OF AMOUNT OF ASSISTANCE.—The Sec-
retary shall annually review the amount of financial assistance
provided under this section, including the maximum amount of
financial assistance per month per child that the Secretary author-
izes to be provided to eligible providers under this section.’’.
SEC. 642. WAIVER OF REQUIREMENTS FOR AIR TRANSPORTATION OF
DECEASED MEMBERS OF THE ARMED FORCES WHEN NEC-
ESSARY TO MEET MISSION REQUIREMENTS.
Section 562(c) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C.
1482 note) is amended by adding at the end the following new
paragraph:
‘‘(4) WAIVER.—The Secretary concerned may waive the
requirements of paragraphs (1) and (3) as the Secretary con-
siders necessary to meet mission requirements during—
‘‘(A) a time of war;
‘‘(B) a national emergency requiring the use of signifi-
cant personnel and aircraft;
‘‘(C) a large-scale combat operation; or
‘‘(D) a contingency operation.’’.
Subtitle F—Defense Resale Matters
SEC. 651. USE OF COMMISSARY STORES: CIVILIAN EMPLOYEES OF
MILITARY SEALIFT COMMAND.
(a) IN GENERAL.—Section 1066 of title 10, United States Code,
is amended, in subsection (a)—
(1) by inserting ‘‘(1)’’ before ‘‘An individual’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) A civil service mariner of the Military Sealift Command
may be permitted to use commissary stores and MWR retail facili-
ties on the same basis as members of the armed forces on active
duty.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such section
is further amended—
S. 1071—196
(1) in the section heading, by striking ‘‘protective serv-
ices’’ and inserting ‘‘certain’’; and
(2) in the heading of subsection (a), by striking ‘‘PROTECTIVE
SERVICES’’ and inserting ‘‘CERTAIN’’.
SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE SYSTEM:
PATRONAGE; PRIVATIZATION.
(a) PATRONAGE.—
(1) INTERIM AUTHORITY.—Notwithstanding the limitations
under section 2481(a) and chapter 54 of title 10, United States
Code, the Secretary of Defense—
(A) may allow individuals authorized to use a com-
missary store or exchange store pursuant to a policy, memo-
randum, regulation, or pilot program of the Department
of Defense in effect on October 1, 2025, to continue such
use through December 31, 2026; and
(B) may not authorize such use for any additional
group of individuals.
(2) LEGISLATIVE PROPOSAL.—Not later than April 1, 2026,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a written legislative proposal that—
(A) specifies each category of individuals that the Sec-
retary recommends Congress authorize to use a commissary
store or exchange store;
(B) explains the recommendation of the Secretary for
such authorization; and
(C) consolidates the authorities for such use into a
single statute.
(b) PRIVATIZATION.—The Secretary may not take any action
inconsistent with the restrictions in section 2485(a) of such title
regarding private operation of the overall management of a com-
missary system or management of a commissary store.
Subtitle G—Other Benefits, Administrative
Matters, Reports, and Briefings
SEC. 661. INCLUSION OF DESCRIPTIONS OF TYPES OF PAY ON PAY
STATEMENTS.
(a) IN GENERAL.—Chapter 19 of title 37, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1016. Pay statements: descriptions of types of pay
‘‘(a) IN GENERAL.—The Secretary of Defense shall make avail-
able contemporaneously with each pay statement provided to a
member of the Armed Forces, for each type of pay, allowance,
and deduction listed on the statement, a brief and plain-language
description of—
‘‘(1) the statutory or regulatory authority under which a
pay, allowance, or deduction is made;
‘‘(2) the purpose of a pay, allowance, or deduction;
‘‘(3) the criteria for determining eligibility of members for
a pay, allowance, or deduction; and
‘‘(4) possible changes in the eligibility of the member for
a pay, allowance, or deduction, including the circumstances
S. 1071—197
under which a pay, allowance, or deduction may be suspended
or modified or may expire.
‘‘(b) REQUIREMENTS.—The descriptions required to be made
available with a pay statement under paragraph (1) shall be—
‘‘(1) published on a website accessible by a member and
printable with the pay statement of the member; and
‘‘(2) presented in language easily understood by individuals
without specialized knowledge of military finance, accounting,
or law.’’.
(b) APPLICABILITY.—The requirements of section 1016 of title
37, United States Code, as added by subsection (a), shall apply
with respect to pay statements issued on or after the date that
is 180 days after the date of the enactment of this Act.
SEC. 662. PROVISION OF INFORMATION REGARDING RELOCATION
ASSISTANCE
PROGRAMS
FOR
MEMBERS
RECEIVING
ORDERS FOR A CHANGE OF PERMANENT STATION.
(a) IN GENERAL.—Section 1056(b) of title 10, United States
Code, is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘and community
orientation’’ and inserting ‘‘community orientation, edu-
cation systems, school enrollment procedures, and State-
specific provisions under the Interstate Compact on Edu-
cational Opportunity for Military Children’’;
(B) in subparagraph (C), by striking ‘‘and community
orientation’’ and inserting ‘‘community orientation, and
educational resources for dependent children, including
school transition assistance, academic continuity, and spe-
cial education services’’; and
(C) by adding at the end the following new subpara-
graphs:
‘‘(E) Educational planning and support services for
dependent children with disabilities, including procedures for
transferring individualized education programs and coordi-
nating with the Exceptional Family Member Program.
‘‘(F) Provision of information regarding available assistance
under this section and any other assistance relating to a change
of permanent station available under any other provision of
law, including—
‘‘(i) information on family assistance programs author-
ized under section 1788 of this title, including financial
planning resources, spouse employment support, and
community integration services;
‘‘(ii)
guidance
on
available
housing
assistance,
including on-base housing options, rental protections, and
resources for off-base relocation;
‘‘(iii) mental health and well-being support services,
including those accessible during the period of transition
for a change of permanent station;
‘‘(iv) educational resources for dependent children,
including school transition assistance and special education
services;
‘‘(v) information on available legal and financial coun-
seling programs; and
S. 1071—198
‘‘(vi) any other assistance programs that support mem-
bers of the armed forces and their families during reloca-
tion.’’; and
(2) by adding at the end the following new paragraphs
‘‘(3) The Secretary of each military department shall ensure
that relocation assistance required to be provided under this sub-
section is provided not later than 45 days before the date on
which a change of permanent station takes effect for a member
of the armed forces under the jurisdiction of such Secretary.
‘‘(4) The Secretary of each military department shall—
‘‘(A) incorporate the information required to be provided
under this subsection into accessible materials and briefings
provided to members of the armed forces relating to a change
of permanent station;
‘‘(B) ensure that the program under this section provides
accessible materials and briefings at military installations and
through online resources;
‘‘(C) develop a communication strategy, including digital
outreach and printed materials, to increase awareness of the
program under this section and assistance available under other
provisions of law relating to a change of permanent station;
and
‘‘(D) assess the satisfaction of members of the armed forces
with the information provided under this subsection.’’.
(b) REPORT.—Not later than one year after the date of enact-
ment of this Act, and annually thereafter for three years, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing
on the implementation of the amendments made by this section.
Such briefing shall include—
(1) the status of efforts to integrate information required
to be provided by subparagraph (F) of section 1056(b)(2) of
title 10, United States Code, as added by subsection (a) of
this section, into accessible materials and briefings provided
to members of the armed forces relating to a change of perma-
nent station;
(2) an assessment of the awareness by members of the
armed forces of available programs in support of a change
of permanent station; and
(3) any recommendations of the Secretary for improving
the dissemination of information related to relocation and
family assistance programs.
SEC. 663. EXPANSION OF PILOT PROGRAM TO INCREASE ACCESS TO
FOOD ON MILITARY INSTALLATIONS.
Section 654 of the Servicemember Quality of Life Improvement
and National Defense Authorization Act for Fiscal Year 2025 (Public
Law 118–159; 10 U.S.C. 1060a note) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Secretary of the Army’’ and inserting
‘‘Secretary of a military department’’; and
(B) by striking ‘‘installations of the Army for members
of the Army’’ and inserting ‘‘installations under the jurisdic-
tion of the Secretary for members of the Armed Forces’’;
(2) in subsection (b), by inserting ‘‘of the military depart-
ment concerned’’ after ‘‘Secretary’’; and
S. 1071—199
(3) by striking subsection (d) and inserting the following
new subsection (d):
‘‘(d) REPORTING.—
‘‘(1) PROGRESS
REPORTS.—At the end of each calendar
quarter until the pilot program terminates, the Secretary of
a military department shall submit to the Committees on
Armed Services of the Senate and House of Representatives
a progress report regarding implementation of the pilot pro-
gram.
‘‘(2) FINAL REPORT.—Not later than 90 days after the pilot
program terminates, the Secretary of a military department
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a final report regarding the pilot
program. Such report shall include the following elements:
‘‘(A) Lessons learned from the pilot program.
‘‘(B) The recommendation of the Secretary whether
to expand or make permanent the pilot program.
‘‘(C) If the Secretary recommends expansion, the mili-
tary installations covered by such recommended expansion.
‘‘(D) Limitations to the operation or expansion of the
pilot program.
‘‘(E) Any information the Secretary determines appro-
priate.’’.
SEC. 664. MILITARY COMPENSATION EDUCATIONAL CAMPAIGN.
(a) EDUCATIONAL CAMPAIGN REQUIRED.—Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall commence an educational campaign to improve
the understanding and awareness of members of the Armed Forces
and the families of such members with respect to the major compo-
nents of monetary and nonmonetary compensation for such mem-
bers.
(b) CONSISTENCY WITH COMPENSATION REVIEW.—The Secretary
shall carry out the educational campaign required by subsection
(a) in a manner consistent with the recommendations contained
in the report entitled ‘‘The Fourteenth Quadrennial Review of Mili-
tary Compensation’’ submitted to Congress in January 2025 pursu-
ant to section 1008(b) of title 37, United States Code.
(c) MINIMUM TIME OF CAMPAIGN.—The educational campaign
required by subsection (a) shall be carried out for not less than
one year.
(d) ELEMENTS.—The educational campaign required by sub-
section (a) shall address—
(1) the elements of regular military compensation (RMC),
as defined in section 101(25) of title 37, United States Code;
(2) special and incentive pays;
(3) the calculation of retired pay for length of service;
(4) educational assistance programs and benefits;
(5) health care for members of the Armed Forces serving
in active components and the families of such members;
(6) nonmonetary benefits; and
(7) any other matters relating to monetary or nonmonetary
compesnation for members of the Armed Forces the Secretary
considers appropriate.
(e) BRIEFING.—
(1) IMPLEMENTATION PLAN.—Not later than April 1, 2026,
the Secretary of Defense shall provide to the congressional
S. 1071—200
defense committees a briefing on the plan to implement this
section.
(2) EFFECTIVENESS.—Not later than 60 days after the
completion of the educational campaign required by subsection
(a), the Secretary of Defense shall provide to the congressional
defense committees a briefing on the effectiveness of the edu-
cational campaign.
SEC. 665. DESIGNATION OF UNITED STATES ARMY GARRISON KWAJA-
LEIN
ATOLL
AS
REMOTE
AND
ISOLATED
MILITARY
INSTALLATION.
(a) DESIGNATION.—Not later than 30 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness and the Secretary of the Army, in
coordination with the Commander of the United States Army
Pacific, shall designate United States Army Garrison Kwajalein
Atoll as a remote and isolated military installation.
(b) NOTIFICATION.—Not later than 30 days after the date on
which the designation described in subsection (a) is completed,
the Secretary of the Army shall submit a notification to the congres-
sional defense committees confirming completion of the designation.
(c) BRIEFING REQUIRED.—Not later than 90 days after the date
on which the Secretary of the Army submits the notification
described in subsection (b), the Commander of the United States
Army Pacific shall brief the congressional defense committees on
adjustments to Department of Defense resourcing for and support
to United States Army Garrison Kwajalein Atoll as a result of
the designation described in subsection (a).
(d) DEFINITION.—In this section, the term ‘‘remote and isolated
military installation’’ means a military installation determined to
be remote and isolated pursuant to the criteria set forth in Depart-
ment of Defense Instructions 1015.10 and 1015.18, dated July 6,
2009, and May 30, 2024, respectively (or successor instruction).
TITLE VII—HEALTH CARE PROVISIONS
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Benefits
Sec. 701. Reimbursement for travel expenses relating to specialty care for certain
members of the Armed Forces and dependents.
Sec. 702. Authority to provide sexual assault medical forensic examinations on a
nonreimbursable basis to certain otherwise ineligible individuals.
Subtitle B—Health Care Administration
Sec. 711. Codification of position of Director of the Defense Health Agency.
Sec. 712. Military-civilian medical surge program.
Sec. 713. Modification of limitation on reduction of military medical manning end
strength.
Sec. 714. Inclusion of additional requirements in notifications to modify scope of
services provided at military medical treatment facilities.
Sec. 715. Military medical cooperation arrangements among Five Eyes countries.
Sec. 716. Licensure requirement for health-care professionals of partner countries.
Sec. 717. Plan for priority assignment of medical personnel of Department of De-
fense.
Sec. 718. Plan and report by Defense Health Agency relating to chiropractic clinics
at military installations.
Sec. 719. Strategic infectious disease medical research plan.
Sec. 720. Review of disclosure requirements under processes and forms relating to
health care provider credentialing and privileging of Department of De-
fense.
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Subtitle C—Studies, Reports, and Other Matters
Sec. 731. Improvement of availability of care for veterans from facilities and pro-
viders of the Department of Defense.
Sec. 732. Prohibition on painful research on domestic cats and dogs.
Sec. 733. Pilot program on wastewater surveillance system of Department of De-
fense.
Sec. 734. Pilot program to assist certain members of the Armed Forces and depend-
ents with additional supplemental coverage relating to cancer.
Sec. 735. Study on accreditation of military dental treatment facilities.
Sec. 736. Study on prevalence and mortality of cancer among military rotary-wing
pilots and aviation support personnel.
Sec. 737. Study on psychological effects of and mental health effects of unmanned
aircraft systems in combat operations.
Subtitle A—TRICARE and Other Health
Benefits
SEC. 701. REIMBURSEMENT FOR TRAVEL EXPENSES RELATING TO SPE-
CIALTY CARE FOR CERTAIN MEMBERS OF THE ARMED
FORCES AND DEPENDENTS.
(a) IN GENERAL.—Section 1074i of title 10, United States Code,
is amended—
(1) in subsection (a), by striking ‘‘In any case’’ and inserting
‘‘Except as provided by subsection (b), in any case’’; and
(2) in subsection (b)—
(A) by striking the heading and inserting ‘‘SPECIAL
RULES FOR CERTAIN MEMBERS AND DEPENDENTS.—’’;
(B) by striking ‘‘The Secretary of Defense’’ and
inserting ‘‘(1) The Secretary of Defense’’; and
(C) by inserting after paragraph (1), as designated
by subparagraph (B) of this paragraph, the following new
paragraph:
‘‘(2) With respect to members of the armed forces on active
duty and their dependents, the Secretary shall administer sub-
section (a) by substituting ‘75 miles’ for ‘100 miles’.’’.
(b) BRIEFING REQUIRED.—Not later than March 1, 2026, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing
on the implementation of paragraph (2) of section 1074i(b) of title
10, United States Code, as added by subsection (a), including—
(1) the estimated number of individuals the Secretary
expects to reimburse for travel expenses pursuant to such para-
graph;
(2) the expected cost increase of such reimbursements;
and
(3) whether the Secretary determines that a different dis-
tance should be specified in such paragraph.
SEC. 702. AUTHORITY TO PROVIDE SEXUAL ASSAULT MEDICAL
FORENSIC
EXAMINATIONS
ON
A
NONREIMBURSABLE
BASIS TO CERTAIN OTHERWISE INELIGIBLE INDIVIDUALS.
(a) AUTHORITY TO PROVIDE FORENSIC EXAMINATIONS.—The Sec-
retary of Defense, in accordance with regulations prescribed by
the Secretary, shall authorize medical personnel of the Department
of Defense to provide sexual assault medical forensic examinations,
in a military medical treatment facility on a nonreimbursable basis,
to an individual who—
(1) is not otherwise eligible for health care from the Depart-
ment;
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(2) reports a sexual assault offense for which a Defense
Criminal Investigative Organization may initiate an investiga-
tion; and
(3) is eligible for a forensic examination in accordance
with those regulations.
(b) ADDITIONAL ELEMENTS.—The regulations prescribed under
subsection (a) may provide for the handling, storage, and transfer
to law enforcement of a completed sexual assault medical forensic
examination kit.
Subtitle B—Health Care Administration
SEC. 711. CODIFICATION OF POSITION OF DIRECTOR OF THE DEFENSE
HEALTH AGENCY.
(a) IN GENERAL.—Section 1073c of title 10, United States Code,
is amended—
(1) by redesignating subsections (a) through (j) as sub-
sections (b) through (k), respectively;
(2) by inserting before subsection (b), as redesignated by
paragraph (1), the following:
‘‘(a) DIRECTOR OF THE DEFENSE HEALTH AGENCY.—(1) There
is in the Defense Health Agency a Director.
‘‘(2) The Director of the Defense Health Agency shall—
‘‘(A) be a military officer and hold a rank that is the
same or greater than the rank of any officer serving as the
Surgeon General of a military department under section 7036,
8031, or 9036 of this title; and
‘‘(B) have joint experience.’’;
(3) in subsection (b), as redesignated by paragraph (1)—
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by striking ‘‘, by not later than September 30,
2021’’;
(B) in paragraph (2), in the matter preceding subpara-
graph (A), by striking ‘‘, commencing when the Director
begins to exercise responsibilities under that paragraph,’’;
and
(C) in paragraph (6), by striking ‘‘subsections (b) and
(c)’’ and inserting ‘‘subsections (c) and (d)’’;
(4) in subsection (f), as so redesignated, in the matter
preceding paragraph (1), by striking ‘‘Not later than September
30, 2024, and subject to subsection (f)’’ and inserting ‘‘Subject
to subsection (g)’’;
(5) in subsection (g), as so redesignated, in the matter
preceding paragraph (1), by striking ‘‘subsection (e)’’ and
inserting ‘‘subsection (f)’’; and
(6) in subsection (h), as so redesignated, by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (f)(1)’’.
(b) CONFORMING AMENDMENT.—Section 1091a(b)(2) of such title
is amended by striking ‘‘section 1073c(i)’’ and inserting ‘‘section
1073c(j)’’.
SEC. 712. MILITARY-CIVILIAN MEDICAL SURGE PROGRAM.
Section 1096 of title 10, United States Code, is amended—
(1) in the section heading, by adding at the end the fol-
lowing: ‘‘; medical surge program’’; and
(2) by adding at the end the following new subsection:
S. 1071—203
‘‘(e) MEDICAL SURGE PROGRAM.—(1) The Secretary of Defense,
in collaboration with the Secretary of Health and Human Services,
shall carry out a program of record known as the Military-Civilian
Medical Surge Program to—
‘‘(A) support locations that the Secretary of Defense selects
under paragraph (3)(B); and
‘‘(B) enhance the interoperability and medical surge capa-
bility and capacity of the National Disaster Medical System
in response to a declaration or other action described in sub-
paragraphs (A) through (F) of paragraph (4).
‘‘(2)(A) The Secretary of Defense, acting through the Institute
for Defense Health Cooperation at the Uniformed Services Univer-
sity of the Health Sciences (or such successor center), shall oversee
the management, staffing, and deployment of the Program, in
coordination with the Chairman of the Joint Chiefs of Staff, the
Director of the Defense Health Agency, and, for purposes of ensuring
that the Program is carried out in a manner that is consistent
with paragraph (6), the Secretary of Health and Human Services.
‘‘(B) In carrying out subparagraph (A) during a contingency
operation, the Secretary of Defense shall ensure that the Program
provides support, acting through the Defense Health Agency serving
as a combat support agency, to the relevant combatant command.
‘‘(C) The Secretary of Defense shall ensure the program is
administrated in coordination with the military departments, the
Joint Staff, the Defense Health Agency, and the Department of
Health and Human Services through semiannual coordination
meetings and quarterly updates. On an annual basis, one such
meeting shall include the participation of partners specified in
paragraph (3)(A).
‘‘(D) In carrying out the Program, the Secretary of Defense
shall maintain requirements for staffing, specialized training,
research, and education, regarding patient regulation, movement,
definitive care, and other matters the Secretary determines critical
to sustaining the health of members of the armed forces.
‘‘(3)(A) In carrying out the Program, the Secretary of Defense
shall establish partnerships at locations selected under subpara-
graph (B) with public, private, and nonprofit health care organiza-
tions, health care institutions, health care entities, academic med-
ical centers of institutions of higher education, and hospitals that
the Secretary and the Secretary of Health and Human Services
determine—
‘‘(i) are critical in mobilizing a civilian medical response
in support of a wartime contingency or other catastrophic event
in the United States; and
‘‘(ii) have demonstrated technical proficiency in critical
national security domains, including high-consequence infec-
tious disease and special pathogen preparedness, and matters
relating to defense, containment, management, care, and
transportation.
‘‘(B) The Secretary of Defense shall select not fewer than eight
locations that are operationally relevant to the missions of the
Department of Defense under the National Disaster Medical System
and are aeromedical or other transport hubs or logistics centers
in the United States for partnerships under subparagraph (A).
The Secretary may select more than eight locations, including loca-
tions outside of the continental United States, if the Secretary
S. 1071—204
determines such additional locations cover areas of strategic and
operational relevance to the Department.
‘‘(4) The Secretary of Defense and the Secretary of Health
and Human Services shall ensure that the partnerships under
paragraph (3)(A) allow for civilian medical personnel to quickly
and effectively mobilize direct support to military medical treatment
facilities and provide support to other requirements of the military
health system pursuant to the following:
‘‘(A) A declaration of a national emergency under the
National Emergencies Act (50 U.S.C. 1621 et seq.).
‘‘(B) A public health emergency declared under section 319
of the Public Health Service Act (42 U.S.C. 247d).
‘‘(C) A declaration of war by Congress.
‘‘(D) A contingency operation.
‘‘(E) The President’s exercise of executive powers under
the War Powers Resolution (50 U.S.C. 1541 et seq.).
‘‘(F) Any other emergency or major disaster as declared
by the President.
‘‘(5) Not later than 180 days after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2026,
and annually thereafter, the Secretary of Defense shall submit
to the Committee on Armed Services and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Armed Services and the Committee on Energy and Commerce
of the House of Representatives a report on the status, readiness,
and operational capabilities of the Program. Each report shall
include an assessment of personnel readiness, resource availability,
interagency coordination efforts, and recommendations for contin-
ued improvements to the Program.
‘‘(6) Nothing in this section shall be construed to authorize
the Secretary of Defense to control, direct, limit, or otherwise affect
the authorities of the Secretary of Health and Human Services
with respect to the leadership and administration of the National
Disaster Medical System, public health and medical preparedness
and response, staffing levels, or resource allocation.
‘‘(7) In this subsection:
‘‘(A) The term ‘institution of higher education’ means a
four-year institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
‘‘(B) The term ‘National Disaster Medical System’ means
the system established under section 2812 of the Public Health
Service Act (42 U.S.C. 300hh–11).
‘‘(C) The term ‘Program’ means the Military-Civilian Med-
ical Surge Program established under paragraph (1).’’.
SEC. 713. MODIFICATION OF LIMITATION ON REDUCTION OF MILITARY
MEDICAL MANNING END STRENGTH.
Section 741 of the James M. Inhofe National Defense Authoriza-
tion Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2676;
10 U.S.C. 129c note) is amended—
(1) in subsection (a), by striking ‘‘five-year period’’ both
places it appears and inserting ‘‘10-year period’’; and
(2) in subsection (c)—
(A) in paragraph (2), by striking ‘‘Not later than two
years after the date of the enactment of this Act,’’ and
inserting ‘‘During each of 2024 and 2029,’’; and
S. 1071—205
(B) in paragraphs (3) and (4), by striking ‘‘three years
after the date of the enactment of this Act,’’ both places
it appears and inserting ‘‘December 31, 2030,’’.
SEC. 714. INCLUSION OF ADDITIONAL REQUIREMENTS IN NOTIFICA-
TIONS TO MODIFY SCOPE OF SERVICES PROVIDED AT MILI-
TARY MEDICAL TREATMENT FACILITIES.
Section 1073d(f)(2) of title 10, United States Code, is amended—
(1) by striking ‘‘information demonstrating’’;
(2) by striking ‘‘the extent’’ and all that follows through
the period at the end and inserting ‘‘the following:’’; and
(3) by adding at the end the following:
‘‘(A) An endorsement from the Chairman of the Joint Chiefs
of Staff that the proposed modification will have no effect
on operational requirements of the armed forces.
‘‘(B) An endorsement from the Surgeon General of the
military department concerned that the proposed modification
will have no effect on the training or readiness of military
medical personnel in the military department concerned.
‘‘(C) An assessment from the Director of the Defense Health
Agency that explains how members of the armed forces and
covered beneficiaries receiving services at the facility will con-
tinue to receive care.’’.
SEC. 715. MILITARY MEDICAL COOPERATION ARRANGEMENTS AMONG
FIVE EYES COUNTRIES.
(a) ARRANGEMENTS.—Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2350t. Military medical cooperation arrangements among
Five Eyes countries
‘‘(a) AUTHORITY.—The Secretary of Defense may enter into a
bilateral or multilateral memorandum of understanding or other
formal agreement with one or more governments of the Five Eyes
countries to support military medical cooperation or improve oper-
ational medical interoperability.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘Five Eyes countries’ means the following:
‘‘(A) Australia.
‘‘(B) Canada.
‘‘(C) New Zealand.
‘‘(D) The United Kingdom.
‘‘(2) The term ‘military medical cooperation’ means any
of the following:
‘‘(A) Information exchange.
‘‘(B) Medical interoperability, including credentialing
of health care personnel.
‘‘(C) Medical education, training, exercises, and evalua-
tion.
‘‘(D) Medical research, development, trials, and evalua-
tion.
‘‘(E) Biodefense, including with respect to prevention,
preparation, response, and investigation.
‘‘(F) Medical logistics, including the recognition of
MedCM, drugs and medical equipment.
‘‘(G) Patient movement.
S. 1071—206
‘‘(H) Any other areas for cooperation designated by
the Secretary of Defense.
‘‘(3) The term ‘military medicine’ means any of the fol-
lowing:
‘‘(A) Combat casualty care including trauma.
‘‘(B) Military infectious disease.
‘‘(C) Chemical, biological, radiological, and nuclear
medical support.
‘‘(D) Deployed health care delivery.
‘‘(E) Public health, health readiness, and force health
protection.
‘‘(F) Mental health.
‘‘(G) Humanitarian response.
‘‘(H) Anomalous health incidents.
‘‘(I) Mass casualty management.
‘‘(J) Any other areas of military medicine designated
by the Secretary of Defense.’’.
(b) REPORT.—Not later than one year 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, the Com-
mittee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives a report on
the agreements entered into and activities carried out pursuant
to section 2350t of title 10, United States Code, as added by sub-
section (a), including any other areas designated by the Secretary
pursuant to subsection (b) of such section 2350t.
SEC. 716. LICENSURE REQUIREMENT FOR HEALTH-CARE PROFES-
SIONALS OF PARTNER COUNTRIES.
Section 1094(e) of title 10, United States Code, is amended—
(1) in paragraph (1)(A), by striking ‘‘; and’’ and inserting
‘‘, or the official agency of the government of a partner country;
and’’; and
(2) by inserting at the end the following:
‘‘(3) The term ‘partner country’ means any of the following:
‘‘(A) Australia.
‘‘(B) Canada.
‘‘(C) New Zealand.
‘‘(D) The United Kingdom.
‘‘(E) Any other country designated as a partner country
by the Secretary of Defense for the purposes of this sec-
tion.’’.
SEC. 717. PLAN FOR PRIORITY ASSIGNMENT OF MEDICAL PERSONNEL
OF DEPARTMENT OF DEFENSE.
(a) PLAN.—
(1) SUBMISSION.—Not later than April 1, 2026, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
plan for each military department to prioritize the assignment
of active duty medical and dental personnel to military medical
treatment facilities.
(2) IMPLEMENTATION.—Not later than September 1, 2026,
the Secretary of each military department shall each commence
carrying out the plan under paragraph (1) by assigning active
duty medical and dental personnel to military medical treat-
ment facilities in accordance with the plan.
S. 1071—207
(3) UPDATES.—The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives updates on the implementation of
the plan under paragraph (1) as follows:
(A) On a quarterly basis until the Secretary of Defense
determines that the plan is fully implemented.
(B) On an annual basis thereafter.
(b) ASSIGNMENTS.—In carrying out the plan under subsection
(a), the Secretary of each military department, in coordination
with the Director of the Defense Health Agency, shall assign active
duty medical and dental personnel to military medical treatment
facilities in accordance with the plan.
(c) CORRECTIVE ACTION.—
(1) REQUIREMENT.—If, in the judgment of the Secretary
of Defense, the Secretary of a military department fails to
comply with the plan under subsection (a), the Secretary of
Defense shall issue to the Secretary of the military department
a directive requiring corrective action by the Secretary not
later than 90 days after the date on which the directive is
issued.
(2) REPORT.—If the Secretary of a military department
fails to initiate timely corrective action pursuant to the directive
issued by the Secretary of Defense under paragraph (1), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on such noncompliance. Such report—
(A) shall include a description of corrective measures
to be taken, a plan of action, and milestones; and
(B) may include recommendations for legislative and
administrative changes the Secretary of Defense deter-
mines appropriate.
(d) ANNUAL REPORT.—Not later than January 1, 2027, and
annually thereafter for a period of five years, the Director of the
Defense Health Agency and the Surgeons General of the military
departments shall jointly submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report on
the state of manning for active duty and civilian medical and
dental personnel. Such report shall include, with respect to the
year covered by the report, the following:
(1) Average civilian, contractor, and military staffing levels
at military medical treatment facilities over the preceding year.
(2) The extent to which military medical treatment facility
staffing is compliant with the requirements for optimal oper-
ation of such facilities.
(3) Active duty operational medical personnel manning
shortfalls.
(4) Defense Health Agency civilian and contractor hiring
shortfalls, including a description of resources required to fill
civilian billet gaps.
(5) A projection of yearly budget shortfalls over each of
the next five years within the Defense Health Agency, including
a detailed description of the expected effects of such shortfalls
to delivering health care benefits, operating the direct care
network, maintaining an adequate managed care network,
maintaining a fit and healthy fighting force, training medical
personnel, recruiting and retaining medical personnel, planning
S. 1071—208
for contingency operations, and any other resourcing matters
the Director determines necessary and relevant.
(6) A description of military department-level tradeoffs
between operational medical requirements and military medical
treatment facility manning requirements, and how each mili-
tary department is working to fully support both.
(7) A description of health care service levels at military
medical treatment facilities and whether such facilities are
adequately resourced to provide enough throughput of medical
care to—
(A) maintain efficient operation of all medical services
offered at the facilities;
(B) meet patient needs; and
(C) keep all medical and dental personnel proficient
with the medical skills of the professional.
(8) For military medical treatment facilities that are defi-
cient in the categories listed in paragraph (7), a plan for how
to bring TRICARE program beneficiaries back into military
medical treatment facilities to improve and maintain operations
in the direct care system.
(9) A brief description of the major areas of disagreement
among the Director and each of the Surgeons General relating
to manning, operating, and improving the volume and quality
of care at all military medical treatment facilities, and a plan
for how to resolve such areas of disagreement going forward.
SEC. 718. PLAN AND REPORT BY DEFENSE HEALTH AGENCY RELATING
TO CHIROPRACTIC CLINICS AT MILITARY INSTALLATIONS.
(a) PLAN.—The Director of the Defense Health Agency shall
develop a plan to—
(1) reopen any clinic at a military installation if, before
the date of the enactment of this Act, such clinic—
(A) offered chiropractic services and had an average
number of at least 400 visits per month; and
(B) was closed; and
(2) pay chiropractors stationed at military installations
under the General Schedule.
(b) REPORT.—Not later than March 31, 2026, the Director of
the Defense Health Agency shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
a report on—
(1) the plan developed under subsection (a); and
(2) the utility of chiropractic services with respect to the
benefits of such services to members of the Armed Forces,
the availability of such services, and the cost of such services.
SEC. 719. STRATEGIC INFECTIOUS DISEASE MEDICAL RESEARCH PLAN.
(a) PLAN.—Not later than 90 days after the date on which
the President submits a budget for fiscal year 2027 to Congress
pursuant to section 1105(a) of title 31, United States Code, the
Secretary of Defense, in consultation with the Secretary of each
military department, shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a com-
prehensive, strategic infectious disease medical research plan
(referred to in this section as the ‘‘Plan’’).
(b) MATTERS TO BE INCLUDED.—The Secretary shall ensure
that the Plan describes the following:
S. 1071—209
(1) All infectious disease medical research conducted by
the Department of Defense, including the coordination process,
to ensure that such research is linked to—
(A) military readiness;
(B) joint force requirements;
(C) the requirements of the commanders of the combat-
ant commands; and
(D) relevance to individuals eligible for care at military
medical treatment facilities or through the TRICARE pro-
gram (as defined in section 1072(7) of title 10, United
States Code).
(2) The infectious disease research projects funded under
the Defense Health Program Account under section 1100 of
title 10, United States Code, including projects under—
(A) the Congressionally Directed Medical Research Pro-
gram of the Department of Defense;
(B) the Defense Advanced Research Projects Agency;
(C) the United States Army Medical Research Institute
of Infectious Diseases;
(D) the Chemical and Biological Defense Program;
(E) the Defense Threat Reduction Agency;
(F) the Armed Forces Research Institute of Medical
Sciences located in Thailand;
(G) the Naval Medical Research Unit; and
(H) the Walter Reed Army Institute of Research.
(3) The process for ensuring synergy across the military
medical research community—
(A) to address gaps in military infectious disease
research;
(B) to minimize duplication of research;
(C) to promote collaboration within research focus
areas; and
(D) to leverage and modernize the existing medical
research and development infrastructure of the Department
of Defense.
(4) The efforts of the Secretary to coordinate with other
departments and agencies of the Federal Government to
increase awareness of complementary infectious disease
research efforts that are being carried out by the Federal
Government.
(c) BUDGET DISPLAY INFORMATION.—The Secretary shall submit
to the President, in conjunction with the materials of the Depart-
ment of Defense supporting the fiscal year 2027 budget request
submitted to Congress by the President pursuant to section 1105(a)
of title 31, United States Code, and annually thereafter in conjunc-
tion with each subsequent budget request through fiscal year 2032,
a detailed budget for carrying out the Plan that includes the fol-
lowing:
(1) The resources necessary for infectious disease medical
research to carry out the activities described in subsection
(b) for the applicable fiscal year and the four following fiscal
years, disaggregated by the activities described in paragraphs
(1) through (4) of subsection (b).
(2) With respect to procurement accounts—
(A) amounts displayed by account, budget activity, line
number, line item, and line item title; and
S. 1071—210
(B) a description of the requirements for such amounts
specific to the Plan.
(3) With respect to research, development, test, and evalua-
tion accounts—
(A) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(B) a description of the requirements for such amounts
specific to the Plan.
(4) With respect to operation and maintenance accounts—
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(5) With respect to military personnel accounts—
(A) amounts displayed by account, budget activity,
budget subactivity, and budget subactivity title; and
(B) a description of the requirements for such amounts
specific to the Plan.
(6) With respect to each project under military construction
accounts, the country, location, project title, and project amount
by fiscal year.
(7) With respect to the activities described in subsection
(b)—
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(8) With respect to each military department—
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(9) With respect to the amounts described in each of para-
graphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A) for
a fiscal year—
(A) a comparison between—
(i) the amount requested in the budget of the Presi-
dent for such fiscal year; and
(ii) the amount projected in the previously sub-
mitted budget request of the President for such fiscal
year;
(B) a detailed summary of the amounts obligated for
the Plan during the most recently concluded fiscal year;
and
(C) a detailed comparison between—
(i) the amounts obligated for the Plan during the
most recently concluded fiscal year; and
(ii) the amounts requested for the Plan in the
budget of the President for the applicable fiscal year.
SEC. 720. REVIEW OF DISCLOSURE REQUIREMENTS UNDER PROC-
ESSES AND FORMS RELATING TO HEALTH CARE PROVIDER
CREDENTIALING AND PRIVILEGING OF DEPARTMENT OF
DEFENSE.
(a) REVIEW.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
S. 1071—211
review all processes and forms relating to health care provider
credentialing and privileging of covered applicants to ensure
that each individual who provides health care independently
as a health-care professional at a health care facility of the
Department of Defense meets the requirement of section
1094(a) of title 10, United States Code.
(2) CENTRALIZED CREDENTIAL SYSTEM.—In carrying out sec-
tion 1094(b) of title 10, United States Code, the Secretary
shall establish a centralized credential system that allows the
commanding officer of a health care facility of the Department
to verify the licensure of a health care professional, regardless
of the location of the facility or the Armed Force in which
the health care professional serves. The Secretary shall ensure
that not less than 90 percent of such verifications are completed
within seven days of the date on which the commanding officer
requests such verification if the request does not relate to
a health-care professional with an adverse record.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report containing the following:
(1) The findings of the review required under subsection
(a).
(2) A detailed plan outlining steps the Secretary has taken
or will take pursuant to such review, including a timeline
for completion of such steps.
(c) COVERED APPLICANT DEFINED.—In this section, the term
‘‘covered applicant’’ means an applicant for a position as a health-
care professional (as defined in section 1094 of title 10, United
States Code) who—
(1) is required to go through a credentialing and privileging
process; and
(2) provides care—
(A) at a health care facility of the Department of
Defense; or
(B) through the civilian network of the TRICARE pro-
gram (as defined in section 1072 of title 10, United States
Code).
Subtitle C—Studies, Reports, and Other
Matters
SEC. 731. IMPROVEMENT OF AVAILABILITY OF CARE FOR VETERANS
FROM FACILITIES AND PROVIDERS OF THE DEPARTMENT
OF DEFENSE.
(a) ACTION PLANS.—
(1) IN GENERAL.—Pursuant to the authorities under section
8111 of title 38, United States Code, and section 1104 of title
10, United States Code, the Secretary of Defense and the Sec-
retary of Veterans Affairs shall develop and implement action
plans at covered facilities—
(A) to strengthen sharing of resources between the
Department of Defense and the Department of Veterans
Affairs under existing statutory authority;
(B) to improve communication between the Department
of Veterans Affairs and pertinent command and director
leadership of military medical treatment facilities;
S. 1071—212
(C) to increase utilization of military medical treatment
facilities with excess capacity or space;
(D) to increase case volume and complexity for grad-
uate professional and other medical education programs
of the Department of Defense and the Department of Vet-
erans Affairs; and
(E) to increase access to care for enrolled veterans
in areas in which a military medical treatment facility
is located that is identified by the Secretary of Defense
as having excess capacity or space.
(2) MATTERS TO BE INCLUDED.—The action plans required
under paragraph (1) shall include the following:
(A) Cross-credentialing and privileging of health care
providers to jointly care for enrolled veterans in medical
facilities of the Department of Defense and the Department
of Veterans Affairs.
(B) Expedited access to installations of the Department
of Defense for staff of the Department of Veterans Affairs
and enrolled veterans.
(C) The designation of a coordinator within each cov-
ered facility to serve as a liaison between the Department
of Defense and the Department of Veterans Affairs and
to lead the implementation of such action plan.
(D) A mechanism for monitoring the effectiveness of
such action plan on an ongoing basis, to include estab-
lishing relevant performance goals and collecting data to
assess progress towards those goals.
(E) Prioritized integration of relevant information tech-
nology and other systems or processes to enable seamless
information sharing, medical records referrals and ancillary
orders and results, payment methodologies and billing proc-
esses, and workload attribution when personnel of the
Department of Veterans Affairs provide services at facilities
of the Department of Defense or when personnel of the
Department of Defense provide services at facilities of the
Department of Veterans Affairs.
(F) An oversight and accountability plan for the han-
dling of adverse medical events and complaints from
patients or staff, including a requirement to track any
significant adverse medical events and provide information
on such events in the briefing required under subsection
(f).
(G) Any other matter that the Secretary of Defense
and the Secretary of Veterans Affairs consider appropriate.
(b) APPROVAL
OF ACTION PLANS.—Before any action plan
required under subsection (a) with respect to a covered facility
shall be considered complete and submitted to the appropriate
committees of Congress pursuant to subsection (e), the Secretary
of Defense and the Secretary of Veterans Affairs shall ensure that
approval for the action plan is obtained from—
(1) the co-chairs of the Department of Veterans Affairs-
Department of Defense Joint Executive Committee established
under section 320 of title 38, United States Code;
(2) the local installation commander for the covered facility
of the Department of Defense; and
S. 1071—213
(3) the director of the relevant medical center of the Depart-
ment of Veterans Affairs with respect to any covered facility
of the Department of Veterans Affairs.
(c) REQUIREMENTS RELATING TO SHARING AGREEMENTS.—
(1) LEAD COORDINATOR.—The Secretary of Defense and the
Secretary of Veterans Affairs shall ensure that there is a lead
coordinator at each facility of the Department of Defense or
the Department of Veterans Affairs, as the case may be, with
respect to which there is a sharing agreement in place.
(2) LIST OF AGREEMENTS.—The Secretary of Defense and
the Secretary of Veterans Affairs shall maintain on a publicly
available website a list of the sharing agreements in place
between the medical facilities of the Department of Defense
and the Department of Veterans Affairs.
(d) PATIENT SAFETY, COMPLAINTS, AND ACCOUNTABILITY.—
(1) SECURE COMPLAINT PROCESS.—
(A) IN GENERAL.—The Secretary of Defense and the
Secretary of Veterans Affairs shall establish a secure
mechanism for enrolled veterans to report concerns
regarding care received under an action plan required
under subsection (a).
(B) ELEMENTS OF MECHANISM.—The mechanism estab-
lished under subparagraph (A) shall protect confidentiality,
prohibit retaliation, and ensure transmission of each com-
plaint to both the Department of Defense and the Depart-
ment of Veterans Affairs.
(2) DOCUMENTATION AND REVIEW.—
(A) DOCUMENTATION.—The Secretary of Defense and
the Secretary of Veterans Affairs shall maintain records
of all complaints, adverse events, and safety incidents
involving patients or staff pursuant to the action plans
required by subsection (a).
(B) REVIEW.—The records maintained under subpara-
graph (A) shall be jointly reviewed on a quarterly basis
by designated officials of the Department of Defense and
the Department of Veterans Affairs.
(3) NOTIFICATION AND INVESTIGATION.—Any allegation of
abuse, neglect, or misconduct involving personnel of the Depart-
ment of Defense in the treatment of a veteran under an action
plan shall be promptly referred by the Secretary of Veterans
Affairs, the Secretary of Defense, and the commander or med-
ical center director, as applicable, of the facility concerned
to the Office of Inspector General of the Department of Defense
and the Department of Veterans Affairs.
(4) INTERIM PROTECTIVE MEASURES.—Pending resolution of
any investigation relating to conduct under an action plan,
the Secretary of Veterans Affairs may suspend referrals of
veterans to the provider or facility concerned.
(e) SUBMISSION TO CONGRESS.—Not later than 30 days following
the completion of the action plans required under subsection (a),
the Secretary of Defense and the Secretary of Veterans Affairs
shall submit such plans to the appropriate committees of Congress.
(f) ANNUAL JOINT BRIEFINGS ON ACTION PLANS.—Not later than
one year after submitting the action plans to the appropriate
committees of Congress pursuant to subsection (e), the Secretary
of Defense and the Secretary of Veterans Affairs shall provide
to the appropriate committees of Congress a briefing containing—
S. 1071—214
(1) a status update on the progress of implementing the
action plans required under this section;
(2) recommendations for developing subsequent action
plans for each facility with respect to which there is a sharing
agreement in place;
(3) the number of patients served pursuant to the action
plans, broken down by facility and service type;
(4) the number of health care providers who were cross-
credentialed or privileged to jointly care for beneficiaries in
medical facilities of the Department of Defense or the Depart-
ment of Veterans Affairs pursuant to the action plans, broken
down by facility and service type;
(5) the costs incurred and reimbursed between the Depart-
ment of Defense and the Department of Veterans Affairs pursu-
ant to the action plans, including an accounting of the use
of the DOD–VA Health Care Sharing Incentive Fund estab-
lished under section 8111(d)(2) of title 38, United States Code,
if applicable;
(6) a summary of the effectiveness of the mechanisms devel-
oped pursuant to the action plans related to oversight, account-
ability, data-gathering, and performance goals as well as any
recommendations for improving such mechanisms;
(7) a summary of any patient safety incidents or complaints
and associated resolutions as well as any recommendations
for improving the patient safety and complaint resolution
process under the actions plans; and
(8) a summary of the integration of information technology
and other systems pursuant to the action plans as well as
barriers to further integration and recommendations for
improving such integration.
(g) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to allow the Department of Defense or the Department
of Veterans Affairs to require a veteran to seek care at a facility
of the Department of Defense or to allow military medical treatment
facilities to be used as a facility of the Department of Veterans
Affairs for purposes of determining eligibility of veterans for care
from a non-Department of Veterans Affairs provider under the
eligibility access standards developed under section 1703B of title
38, United States Code.
(h) SUNSET.—This section shall terminate on September 30,
2028.
(i) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Armed Services and the Com-
mittee on Veterans’ Affairs of the Senate; and
(B) the Committee on Armed Services and the Com-
mittee on Veterans’ Affairs of the House of Representatives.
(2) The term ‘‘covered facility’’ means—
(A) a military medical treatment facility (as such term
is defined in section 1073c of title 10, United States Code);
or
(B) a medical facility of the Department of Veterans
Affairs described in section 8101(3) of title 38, United
States Code.
(3) The term ‘‘enrolled veteran’’ means a veteran enrolled
in the patient enrollment system of the Department of Veterans
S. 1071—215
Affairs established and operated under section 1705(a) of title
38, United States Code.
(4) The term ‘‘sharing agreement’’ means an agreement
for the sharing of health-care resources between the Depart-
ment of Defense and the Department of Veterans Affairs under
section 1104 of title 10, United States Code, or section 8111
of title 38, United States Code.
(5) The term ‘‘veteran’’ has the meaning given that term
in section 101 of title 38, United States Code.
SEC. 732. PROHIBITION ON PAINFUL RESEARCH ON DOMESTIC CATS
AND DOGS.
(a) PROHIBITION.—Except as provided by subsection (b) or (c),
the Secretary of Defense may not conduct, or support the conduct
of, painful research on a domestic cat (Felis catus) or a domestic
dog (Canis familiaris).
(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply with respect to any physical exam, training program, or
study relating to service animals or military animals.
(c) WAIVER.—The Secretary of Defense may waive the prohibi-
tion in subsection (a) on a case-by-case basis if the Secretary—
(1) determines that the waiver is in the national security
interests of the United States; and
(2) not later than 30 days after the date on which the
Secretary makes the waiver, submits to the congressional
defense committees a detailed justification for the waiver,
including—
(A) an identification of the Department of Defense
account from which funds would be obligated or expended
to conduct, or support the conduct of, the proposed research
covered by the waiver;
(B) an identification of the amount of such funds;
(C) an identification of the intended purpose of such
funds;
(D) an identification of the recipient or prospective
recipient of such funds (including any nongovernmental
recipient, as applicable);
(E) an explanation for how the waiver is in the national
security interests of the United States; and
(F) any other information the Secretary determines
appropriate.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘military animal’’ has the meaning given
the term in section 2583(i)(1) of title 10, United States Code.
(2) The term ‘‘painful research’’ includes any research, bio-
medical training, experimentation, or biological testing, classi-
fied in pain category D or E by the Department of Agriculture.
(3) The term ‘‘service animal’’ has the meaning given the
term in section 37.3 of title 49, Code of Federal Regulations,
or such successor regulation.
SEC. 733. PILOT PROGRAM ON WASTEWATER SURVEILLANCE SYSTEM
OF DEPARTMENT OF DEFENSE.
(a) PILOT PROGRAM REQUIRED.—Commencing not later than
180 days after the date of the enactment of this Act, the Secretary
of Defense shall carry out a pilot program under which the Secretary
shall develop and implement a comprehensive wastewater surveil-
lance system at not fewer than four installations of a military
S. 1071—216
department at which the Secretary seeks to identify the prevalence
of infectious diseases among members of the Armed Forces at
the installation (in this section referred to as the ‘‘pilot program’’).
(b) TECHNOLOGIES AND DATA SYSTEM USED.—In carrying out
the pilot program, the Secretary shall ensure the system developed
and implemented under subsection (a) is comprised of appropriate
technologies and a uniform data system across the Department
of Defense.
(c) DURATION.—The pilot program shall be carried out during
a two-year period beginning on the date of the commencement
of the pilot program.
(d) REPORT.—Not later than 90 days after the termination
of the pilot program, the Secretary shall submit to the congressional
defense committees a report that includes the following:
(1) A summary of the findings from the wastewater surveil-
lance system under the pilot program.
(2) Recommendations for interventions or policy changes
based on trends observed under the pilot program.
(3) An assessment of the effectiveness of the pilot program
in enhancing force health protection and readiness.
SEC. 734. PILOT PROGRAM TO ASSIST CERTAIN MEMBERS OF THE
ARMED FORCES AND DEPENDENTS WITH ADDITIONAL
SUPPLEMENTAL COVERAGE RELATING TO CANCER.
(a) ESTABLISHMENT.—Not later than September 30, 2027, the
Secretary of Defense shall establish a pilot program under which
a covered individual may obtain supplemental insurance for non-
covered expenses under a fixed indemnity supplemental benefit
plan described in subsection (b)(1) (in this section referred to as
the ‘‘pilot program’’). The Secretary shall carry out such program
until the date on which the last agreement terminates pursuant
to subsection (b)(2).
(b) AGREEMENT.—
(1) IN GENERAL.—In carrying out the pilot program, the
Secretary shall enter into an agreement with not fewer than
two companies to each offer one or more fixed indemnity supple-
mental benefit plans that—
(A) meet the requirements for a supplemental insur-
ance plan under section 199.2 of title 32, Code of Federal
Regulations, and the exceptions under section 199.8(b)(4)
of such title, as in effect on the date of the enactment
of this Act;
(B) are provided under a separate policy, certificate,
or contract; and
(C) are designed to help participants pay noncovered
expenses.
(2) DURATION OF AGREEMENT.—An agreement entered into
under paragraph (1) shall be for a period of not more than
three years, and may not be renewed.
(c) PROVISION OF INFORMATION.—The Secretary shall provide
information to covered individuals regarding the pilot program by
making available on a publicly accessible internet website the fol-
lowing information:
(1) A notice of availability of a fixed indemnity supple-
mental benefit plan provided under the pilot program.
(2) A description of how to enroll in such plan.
S. 1071—217
(3) A description and explanation of such plan, including
the diagnoses, screenings, and treatments covered by the plan.
(4) A description of the costs to the individual through
premiums and remittances to a company providing such plan.
(5) A notice that—
(A) the availability of a fixed indemnity supplemental
benefit plan provided under the pilot program does not
affect the health care benefits provided to covered individ-
uals under the TRICARE program; and
(B) covered individuals are not required to purchase
such a plan in order to receive health care benefits covered
under the TRICARE program.
(d) ENROLLMENT.—
(1) ELECTION.—A covered individual may elect to enroll
in a fixed indemnity supplemental benefit plan provided under
the pilot program.
(2) VERIFICATION
OF
ELIGIBILITY.—The Secretary shall
establish procedures to determine the eligibility of applicants
seeking to enroll in a fixed indemnity supplemental benefit
plan provided under the pilot program.
(e) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—None
of the amounts authorized to be appropriated by this Act or other-
wise made available for fiscal year 2026 or any fiscal year thereafter
to carry out the pilot program may be used to subsidize the cost
of a fixed indemnity supplemental benefit plan provided under
the pilot program.
(f) BRIEFING.—Not later than one year after the date on which
the pilot program commences and annually thereafter during the
life of the pilot program, the Secretary shall provide to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a briefing regarding the pilot program, including the following:
(1) A description of the insurance products provided
through a fixed indemnity supplemental benefit plan provided
under the pilot program.
(2) The number of covered individuals who enrolled in
such a plan.
(3) Feedback and examples of use cases by such individuals.
(4) A determination by the Secretary with respect to
whether the pilot program should be made permanent.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘covered individual’’ means the following:
(A) A member of the regular component of the Army,
Navy, Marine Corps, Air Force, or Space Force.
(B) A dependent (as defined in section 1072 of title
10, United States Code) of such a member who is enrolled
in the TRICARE program.
(2) The term ‘‘noncovered expense’’ means, with respect
to a covered individual, any expenses relating to the screening
for and diagnosis and treatment of cancer that are not otherwise
covered by the health care benefits the individuals receives
under chapter 55 of title 10, United States Code, or any other
benefit provided by the Secretary of Defense.
(3) The term ‘‘TRICARE program’’ has the meaning given
that term in section 1072 of title 10, United States Code.
S. 1071—218
SEC. 735. STUDY ON ACCREDITATION OF MILITARY DENTAL TREAT-
MENT FACILITIES.
(a) STUDY REQUIRED.—The Inspector General of the Depart-
ment of Defense shall conduct a study on the accreditation of
military dental treatment facilities. Such study shall include the
following:
(1) An identification of the number and percentage of mili-
tary dental treatment facilities that have not achieved accredi-
tation.
(2) An analysis of any barriers, including administrative
or operational barriers, impeding the achievement of such
accreditation requirement with respect to military dental treat-
ment facilities.
(3) An assessment of the resources, including personnel,
training, and infrastructure resources, necessary to achieve
accreditation.
(4) An estimate of the costs necessary to bring any
unaccredited military dental treatment facility into compliance
with such accreditation requirement.
(5) Recommendations for any administrative, legislative,
or other action necessary to ensure the full implementation
of such accreditation requirement.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department
of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the
study under subsection (a). Such report shall include—
(1) the findings of the study;
(2) a plan to ensure the accreditation of military dental
treatment facilities; and
(3) any recommendations by the Inspector General for addi-
tional resources or legislative authority necessary to achieve
full accreditation of military dental treatment facilities.
SEC. 736. STUDY ON PREVALENCE AND MORTALITY OF CANCER
AMONG MILITARY ROTARY-WING PILOTS AND AVIATION
SUPPORT PERSONNEL.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study among covered individuals in two phases as provided by
this section.
(b) INITIAL PHASE OF STUDY.—
(1) GOAL OF INITIAL PHASE.—Under the initial phase of
the study under subsection (a), the Secretary shall determine
whether there is an increased prevalence of, or increased rate
of mortality caused by, cancer for covered individuals as com-
pared to similarly aged individuals in the general population.
The Secretary may select the types of cancer to include in
the study.
(2) BRIEFING.—Not later than one year after the date of
the enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the findings of the phase of
the study under this subsection.
(c) SECOND PHASE OF STUDY.—
(1) GOAL OF SECOND PHASE.—If, pursuant to the phase
of the study under subsection (b), the Secretary determines
there is an increased prevalence of, or increased mortality
S. 1071—219
rate caused by, a type of cancer among covered individuals,
the Secretary shall conduct a second phase of the study to—
(A) identify any carcinogenic toxin or other hazardous
material associated with the operation of military rotary-
wing aircraft, such as fumes, fuels, or other liquids;
(B) identify any operating environment, including fre-
quencies or electromagnetic fields, in which covered individ-
uals may have received excess exposure to non-ionizing
radiation in the course of such operation, including non-
ionizing radiation associated with airborne, ground, or ship-
board radars; and
(C) identify potential exposures as a result of military
service by covered individuals to carcinogenic toxins or
other hazardous materials not associated with the oper-
ation of military rotary-wing aircraft (such as exposure
to burn pits, toxins in contaminated water, or toxins
embedded in soils), including by determining—
(i) the locations of such service; and
(ii) any duties of covered individuals unrelated
to such operation and associated with an increased
prevalence of, or increased mortality rate caused by,
cancer.
(2) REPORT ON SECOND PHASE.—If the Secretary conducts
the phase of the study under this subsection, not later than
one year after the date on which the Secretary provides the
briefing under subsection (b)(2), the Secretary shall submit
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate a report on the findings of such
phase.
(3) DATA FORMAT.—The Secretary shall format any data
resulting from the phase of the study under this subsection
consistent with the formatting of data under the Surveillance,
Epidemiology,
and
End
Results
program,
including
by
disaggregating such data by race, gender, and age.
(d) SOURCES OF DATA.—In conducting the study under this
section, the Secretary shall use data from—
(1) the database of the Surveillance, Epidemiology, and
End Results program;
(2) the study conducted under section 750 of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116–283; 134 Stat. 3716); and
(3) any other study previously conducted by the Secretary
of a military department that the Secretary determines relevant
for purposes of this section.
(e) 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 individual’’ means any individual
who—
(A) served in a covered Armed Force on or after Feb-
ruary 28, 1961, as an aircrew member of a rotary-wing
aircraft (including as a pilot or aviation support personnel),
without regard to the status, position, rank, or grade of
the individual within such crew; and
(B) receives health care benefits under chapter 55 of
title 10, United States Code.
S. 1071—220
SEC. 737. STUDY ON PSYCHOLOGICAL EFFECTS OF AND MENTAL
HEALTH EFFECTS OF UNMANNED AIRCRAFT SYSTEMS IN
COMBAT OPERATIONS.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a comprehensive study on the psychological effects and mental
health effects of members of the Armed Forces and civilian per-
sonnel who operate or support unmanned aircraft systems in combat
operations.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) An assessment of the prevalence of post-traumatic stress
disorder, depression, anxiety, burnout, moral injury, and other
mental health conditions among members of the Armed Forces
and civilian personnel who—
(A) pilot or operate unmanned aircraft systems in com-
bat operations; or
(B) analyze combat imagery and conduct targeting
assessments for such systems.
(2) A comparative analysis of the mental health outcomes
of such individuals relative to—
(A) aircrew engaged in crewed combat operations; and
(B) personnel deployed in non-flying combat roles.
(3) An evaluation of operational stressors unique to the
use of unmanned aircraft systems in combat operations,
including—
(A) shift work and sleep disruption;
(B) remote witnessing of lethal operations;
(C) emotional disengagement and isolation; and
(D) exposure to civilian casualties or traumatic visual
content.
(4) An assessment of existing mental health support serv-
ices of the Department of Defense available to members of
the Armed Forces and other personnel who operate or support
unmanned aircraft systems in combat operations and whether
such services are adequate, accessible, and appropriately tai-
lored.
(5) Recommendations to improve mental health screening,
treatment, and prevention for such members and personnel.
(c) CONSULTATION.—In conducting the study under subsection
(a), the Secretary shall consult with—
(1) the Surgeons General of the Armed Forces;
(2) the Under Secretary of Defense for Personnel and Readi-
ness;
(3) the Director of the Defense Health Agency; and
(4) appropriate scientific institutions with expertise in com-
bat psychology and remote warfare.
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives an unclassified report on the results of the
study conducted under this section, including the recommendations
described in subsection (b)(5).
S. 1071—221
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Assumption of uninsurable risk on certain contracts.
Sec. 802. Changes to certain documents.
Sec. 803. Pilot program for financing for covered activities.
Sec. 804. Multiyear procurement authority for covered systems and certain muni-
tions.
Sec. 805. Addressing insufficiencies in technical data.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Repeals of existing law to streamline the defense acquisition process.
Sec. 812. Modifications to current defense acquisition requirements.
Sec. 813. Modification to award amount for program to accelerate the procurement
and fielding of innovative technologies.
Sec. 814. Additional amendments related to undefinitized contractual actions.
Sec. 815. Amendment to procurement of services data analysis and requirements
validation.
Sec. 816. Modification of program and processes relating to foreign acquisition.
Sec. 817. Review of Department of Defense Instruction relating to conventional am-
munition management.
Subtitle C—Provisions Relating to Workforce Development
Sec. 821. Improvements to public-private talent exchange.
Sec. 822. Modifications to requirements for the President of the Defense Acquisition
University.
Sec. 823. Hiring authorities for Defense Civilian Training Corps.
Sec. 824. Increasing competition in defense contracting.
Sec. 825. Report on strengthening the Defense Acquisition University.
Sec. 826. Restructuring of performance evaluation metrics for the acquisition work-
force.
Subtitle D—Provisions Relating to Supply Chains and Domestic Sourcing
Sec. 831. Applicability of Berry Amendment to procurement of certain seafood.
Sec. 832. Enhancement of defense supply chain resilience and secondary source
qualification.
Sec. 833. Interim national security waivers for supply chain illumination efforts.
Sec. 834. Strategy to eliminate acquisition of optical glass from certain nations.
Sec. 835. Strategy to eliminate sourcing of computer displays from certain nations.
Sec. 836. Voluntary registration of compliance with covered sourcing requirements
for covered products.
Sec. 837. Acceleration of qualification of compliant sources.
Sec. 838. Assessment of critical infrastructure owned by the Department of Defense
dependent on foreign materials or components.
Subtitle E—Prohibitions and Limitations on Procurement
Sec. 841. Requirements relating to long-term concessions agreements with certain
retailers.
Sec. 842. Prohibition on acquisition of advanced batteries from certain foreign
sources.
Sec. 843. Application of national security waiver for strategic materials sourcing re-
quirement to sensitive materials.
Sec. 844. Prohibition of procurement of molybdenum, gallium, or germanium from
non-allied foreign nations and authorization for production from recov-
ered material.
Sec. 845. Modifications to certain procurements from certain Chinese entities.
Sec. 846. Modifications to prohibition on contracting with persons that have fossil
fuel operations with the Government of the Russian Federation or the
Russian energy sector.
Sec. 847.
Prohibiting the purchase of photovoltaic modules or inverters from for-
eign entities of concern.
Sec. 848. Clarification of procurement prohibition related to acquisition of materials
mined, refined, and separated in certain countries.
S. 1071—222
Sec. 849. Prohibition on procurement related to certain additive manufacturing ma-
chines.
Sec. 850. Phase-out of computer and printer acquisitions involving entities owned
or controlled by China.
Sec. 851. Prohibition on contracting with certain biotechnology providers.
Subtitle F—Industrial Base Matters
Sec. 861. Amendments to the procurement technical assistance program.
Sec. 862. Repeal of limitations on certain Department of Defense Executive Agent
authority.
Sec. 863. Special Operations Command Urgent Innovative Technologies and Capa-
bilities Initiative.
Sec. 864. United States-Israel Defense Industrial Base Working Group.
Sec. 865. Improving the domestic textile and industrial base.
Sec. 866. Cybersecurity regulatory harmonization.
Sec. 867. Modifications to defense industrial base fund.
Subtitle G—Other Matters
Sec. 871. Modification to demonstration and prototyping program to advance inter-
national product support capabilities in a contested logistics environ-
ment.
Sec. 872. Contested logistics exercise requirement.
Sec. 873. Combatant command experimentation authority.
Sec. 874. Annual report on contract cancellations and terminations.
Sec. 875. Ability to withhold contract payments during period of pendancy of a bid
protest.
Sec. 876. Indemnification of contractors against nuclear and unusually hazardous
risks.
Sec. 877. Enhanced security strategy for procurement of private fifth-generation
wireless technology.
Subtitle A—Acquisition Policy and
Management
SEC. 801. ASSUMPTION OF UNINSURABLE RISK ON CERTAIN CON-
TRACTS.
(a) IN GENERAL.—Chapter 281 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 3864. Assumption of uninsurable risk on certain contracts
‘‘(a) IN GENERAL.—The Secretary of Defense shall ensure that
a contractor is not required to assume the risk of loss for work
in process under a covered contract if, due to the classified nature
of the performance of such contractor under such covered contract—
‘‘(1) such contractor is unable to obtain insurance for such
risk of loss from a commercial provider; or
‘‘(2) a commercial provider is unable to process a claim
of such contractor for loss of work in process under such covered
contract.
‘‘(b) LIMITATIONS.—Subsection (a) shall not apply with respect
to a loss of work in process under a covered contract to the extent
that such loss—
‘‘(1) is the result of willful misconduct or lack of good
faith on the part of the managerial personnel of the contractor,
including with respect to the oversight of subcontractors by
the contractor; or
‘‘(2) is the result of workmanship error by the contractor.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘classified contract’ means a contract the
performance of which requires a contractor performing under
such contract, or an employee of such contractor, to have access
to classified information.
S. 1071—223
‘‘(2) The term ‘covered contract’ means a classified, fixed-
price type contract for the acquisition of a product entered
into by the Department of Defense after the enactment of
this Act.
‘‘(3) The term ‘work in process’ means an item at any
stage of production or manufacture at any time from the initi-
ation of contract performance until delivery to and acceptance
by the Government.
‘‘(4) The term ‘workmanship error’ means damage to work
in process that is a result of an incorrectly performed skill-
based task, operation, or action that was originally planned
or intended.’’.
(b) REGULATIONS.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall revise
the Defense Federal Acquisition Regulation Supplement to carry
out section 3864 of title 10, United States Code, as added by
subsection (a).
SEC. 802. CHANGES TO CERTAIN DOCUMENTS.
(a) IN GENERAL.—Chapter 361 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 4604. Changes to certain documents
‘‘(a) IN GENERAL.—Each document referred to in a contract
or other agreement for procurement entered into by the Secretary
of Defense shall include a notation that—
‘‘(1) provides the version of such document that is applicable
to such contract or other agreement; and
‘‘(2) indicates whether any changes have been made to
such document after the issuance of the solicitation pursuant
to which such contract or other agreement was entered into.
‘‘(b) UNNOTATED DOCUMENTS.—With respect to a document
referred to in a contract or other agreement described in subsection
(a) that does not include the notation required under such sub-
section, the version of the document that shall apply with respect
to such contract or other agreement is the version in effect at
the time of the issuance of the solicitation pursuant to which
such contract or other agreement was entered into.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply with respect to a contract or other agreement entered
into after the date of the enactment of this Act.
SEC. 803. PILOT PROGRAM FOR FINANCING FOR COVERED ACTIVITIES.
(a) PILOT PROGRAM.—The Secretary of Defense may establish
a pilot program to evaluate the feasibility, risks, and benefits of
expanding contract cost principles and procedures of the Depart-
ment of Defense to allow for financing costs incurred for a covered
activity under a covered contract to be considered allowable and
allocable as a direct or indirect cost for such covered contract.
(b) PROGRAM AUTHORITIES AND REQUIREMENTS.—Under a pilot
program established under subsection (a), the Secretary of
Defense—
(1) may treat financing costs incurred for a covered activity
under a covered contract as allowable and allocable as a direct
or an indirect cost for such covered contract, provided—
(A) such costs are—
(i) reasonable in amount and consistent with pre-
vailing market rates for similar financing; and
S. 1071—224
(ii) incurred to pay a financing entity; and
(B) such covered activity is performed in compliance
with the applicable requirements of the Department of
Defense for audits of material and inventory management;
and
(2) shall ensure that with respect to a covered contract
for which financing costs are allowable and allocable under
the pilot program, any obligation of the United States to make
a payment under such covered contract is subject to the avail-
ability of appropriations for that purpose, and that total liability
to the Government for the termination of such covered contract
shall be limited to the total amount of funding obligated at
the time of termination.
(c) SUBCONTRACTOR STATUS.—For the purposes of a pilot pro-
gram established under (a), a financing entity may not be considered
a subcontractor solely because of the participation of such financing
entity in a covered activity.
(d) BRIEFING.—Prior to establishing a pilot program under sub-
section (a), the Secretary of Defense shall provide to the congres-
sional defense committees a briefing on how the Department of
Defense will ensure the compliance of a financing entity who is
not treated as a subcontractor with the applicable requirements
of the Department of Defense for audits of material and inventory
management, including any updates to the policies or regulations
of the Department required to ensure such compliance.
(e) REPORT AND RECOMMENDATIONS.—Not later than February
15, 2028, the Secretary of Defense shall submit to the congressional
defense committees a report on the pilot program established under
subsection (a), if any, including an assessment of the feasibility,
risks, and benefits of authorizing the financing costs incurred by
a contractor for a covered activity under a covered contract to
be considered allowable and allocable as a direct or indirect cost
for such covered contract, and recommendations on whether the
pilot program should be extended or the authority under the pilot
program should be made permanent.
(f) SUNSET.—The Secretary of Defense may not authorize the
treatment of financing costs incurred for a covered activity under
a covered contract as allowable and allocable as a direct or an
indirect cost for such covered contract under the pilot program
established under subsection (a) if such covered contract is entered
into on or after December 31, 2029.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘covered activity’’ means an activity taken
by a prime contractor or subcontractor—
(A) to manage an inventory of completed products or
components used in production;
(B) to improve inventory management of products or
components necessary for sustainment or maintenance; or
(C) to materially expand the capacity of production
or sustainment and maintenance through capital expendi-
tures.
(2) The term ‘‘covered contract’’ means a contract, sub-
contract, or other agreement entered into by the Secretary
of Defense for the performance of a covered activity.
(3) The term ‘‘financing costs’’ means interest on bor-
rowings, bond discounts, and costs of financing and refinancing
capital.
S. 1071—225
(4) The term ‘‘financing entity’’ means—
(A) any corporation, limited liability company, partner-
ship, trust, or other entity that—
(i) is organized under Federal or State law; and
(ii) as part of its regular business activities,
extends credit, loans, or other forms of financing to
other persons or entities; and
(B) provided that such legal entity is not owned by,
controlled by, or under common control with the other
persons or entities receiving such financing.
SEC. 804. MULTIYEAR PROCUREMENT AUTHORITY FOR COVERED SYS-
TEMS AND CERTAIN MUNITIONS.
(a) MULTIYEAR PROCUREMENT FOR COVERED SYSTEMS.—
(1) IN GENERAL.—Subject to section 3501 of title 10, United
States Code, the Secretary of the Defense shall submit to Con-
gress a request for a specific authorization to enter into one
or more multiyear contracts for the procurement of a covered
system if—
(A) a decision has been made by the responsible head
of agency to proceed to full-rate production for such covered
system; and
(B) such covered system is planned to maintain full-
rate production for a period of five or more consecutive
years after entering into such a contract.
(2) WAIVER.—The Secretary of Defense may waive the
requirements of paragraph (1) if the Secretary determines that
the projected threat environment in which the covered system
is to be fielded has changed in a manner such that the procure-
ment of such covered system is no longer necessary.
(3) APPLICABILITY.—This section and the requirements of
this section shall apply with respect to a multiyear contract
for the procurement of a covered system entered into on or
after the date of the enactment of this Act.
(4) COVERED SYSTEM DEFINED.—In this subsection, the term
‘‘covered system’’ has the meaning given ‘‘major system’’ in
section 3041 of title 10, United States Code.
(b) MULTIYEAR PROCUREMENT FOR CERTAIN MUNITIONS.—
(1) IN GENERAL.—Except as provided in paragraph (3), sub-
ject to section 3501 of title 10, United States Code, the head
of an agency is authorized to enter into one or more multiyear
contracts, beginning in fiscal year 2026, for the procurement
of any of the following:
(A) Standard Missile-3 (‘‘SM–3’’) Block 1B missile sys-
tems (and products, services, and logistics support associ-
ated with SM–3 Block 1B systems or a subsystem that
performs a critical function of the missile system).
(B) Standard Missile-6 (‘‘SM–6’’) missile systems (and
products, services, and logistics support associated with
SM–6 systems or a subsystem that performs a critical
function of the missile system).
(C) Tomahawk Cruise Missile systems, including both
Tomahawk Cruise Missile system variants (and products,
services, and logistics support associated with Tomahawk
Cruise Missile systems or a subsystem that performs a
critical function of the missile system), for more than one,
but not more than seven, program years.
S. 1071—226
(D)
Advanced
Medium-Range
Air-to-Air
Missile
(‘‘AMRAAM’’) systems (and products, services, and logistics
support associated with AMRAAM systems or a subsystem
that performs a critical function of the missile system).
(E) Joint Air-to-Surface Standoff Missile (‘‘JASSM’’)
systems (and products, services, and logistics support asso-
ciated with JASSM systems or a subsystem that performs
a critical function of the missile system).
(F) Long Range Anti-Ship Missile (‘‘LRASM’’) systems
(and products, services, and logistics support associated
with LRASM systems or a subsystem that performs a crit-
ical function of the missile system).
(G) Terminal High Altitude Area Defense (‘‘THAAD’’)
systems (and products, services, and logistics support asso-
ciated with THAAD systems or a subsystem that performs
a critical function of the missile system), for more than
one, but not more than seven, program years.
(H) Patriot Advanced Capability-3 (‘‘PAC–3’’) Missile
Segment Enhancement (MSE) systems (and products, serv-
ices, and logistics support associated with PAC–3 MSE
systems or a subsystem that performs a critical function
of the missile system), for more than one, but not more
than seven, program years.
(I) Family of Affordable Mass Munitions (‘‘FAMM’’),
Extended-Range Attack Munition (‘‘ERAM’’), Enterprise
Test Vehicle (‘‘ETV’’), or ground-launched low-cost cruise
missile systems (and products, services, and logistics sup-
port associated with FAMM, ERAM, ETV, or ground-
launched low-cost cruise missile systems or a subsystem
that performs a critical function of the missile system).
(J) Low-cost hypersonic strike systems (and products,
services, and logistics support associated with low-cost
hypersonic strike systems or a subsystem that performs
a critical function of the missile system).
(2) PROCUREMENT
IN
CONJUNCTION
WITH
EXISTING
CON-
TRACTS.—The systems and subsystems described in paragraph
(1) may be procured through modifications or extensions to
any existing contract for such systems and subsystems.
(3) LIMITED
APPLICABILITY
OF
MULTIYEAR
CONTRACTING
PROVISION.—Paragraphs (3)(B), (3)(C), (3)(D), and (4) of sub-
section (i) of section 3501 of title 10, United States Code,
shall not apply with respect to a multiyear contract entered
into under this subsection.
(4) ADDITIONAL REQUIREMENTS.—
(A) DESIGN
STABILITY.—Notwithstanding subsection
3501(a)(4) of this title, with respect to a multiyear contract
entered into under this subsection that provides, in the
terms of such contract included on the date on which
such contract is entered into, for the potential insertion
of upgraded components or design changes that address
obsolescence or producibility requirements, such upgraded
components or design changes may be included in the
end product if, not later than 180 days before the insertion
of such upgraded components or design changes, the head
of an agency that is a party to such contract provides
to the congressional defense committees a briefing on such
upgraded components or design changes, including a
S. 1071—227
testing plan to ensure such upgraded components or design
changes will meet system requirements.
(B) CERTIFICATION
REQUIREMENTS.—In applying the
requirements of subsection (i)(3) of section 3501 of title
10, United States Code, to a multiyear contract entered
into under this subsection, the Secretary of Defense may
not make the certification described in such subsection—
(i) for Tomahawk Cruise Missile systems described
in paragraph (1)(C), until the Secretary has provided
a certification for FAMM, ERAM, ETV, or ground-
launched low-cost cruise missile systems described in
paragraph (1)(I);
(ii) for JASSM systems described in paragraph
(1)(E), until the Secretary has provided a certification
for FAMM, ERAM, ETV, or ground-launched low-cost
cruise
missile
systems
described
in
paragraph
(1)(I);and
(iii) for SM–6 missile systems described in para-
graph (1)(B), until the Secretary has provided a certifi-
cation for low-cost hypersonic strike systems described
in paragraph (1)(J).
(5) AUTHORITY FOR ADVANCE PROCUREMENT.—The head of
an agency may enter into one or more contracts for advance
procurement, beginning in fiscal year 2026, associated with
a system or subsystem described in paragraph (1) for which
authorization to enter into a multiyear procurement contract
is provided under such paragraph, which may include procure-
ment of economic order quantities of material and equipment
when cost savings are achievable.
(6) 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 a fiscal year after fiscal year 2026 is subject to
the availability of appropriations for that purpose for such
later fiscal year.
(7) HEAD OF AN AGENCY DEFINED.—In this subsection, the
term ‘‘head of an agency’’ means—
(A) the Secretary of Defense;
(B) the Secretary of the Army;
(C) the Secretary of the Navy; or
(D) the Secretary of the Air Force.
(c)
CLARIFICATION
TO
USE
OF
MULTIYEAR
CONTRACT
AUTHORITY.—Section 3501(a)(1)(A) of title 10, United States Code,
is amended by striking ‘‘significant’’.
SEC. 805. ADDRESSING INSUFFICIENCIES IN TECHNICAL DATA.
(a) ESTABLISHMENT OF TECHNICAL DATA SYSTEM.—Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall develop and implement a digital system
to track, manage, and enable the assessment of covered data related
to covered systems, and to verify the compliance of contractors
and subcontractors with contract requirements related to technical
data for covered systems.
(b) REVIEW OF REQUIREMENTS FOR COVERED DATA.—The Sec-
retary of Defense shall identify relevant contracts or other agree-
ments for each covered system and conduct a review of the require-
ments contained in such contracts or other agreements with respect
S. 1071—228
to covered data, including requirements for both data delivered
and data otherwise accessible by the Department of Defense on
a non-deliverable basis.
(c) ASSESSMENT OF AVAILABLE COVERED DATA.—
(1) IN GENERAL.—The Secretary of Defense shall assess
the covered data required under the requirements with respect
to covered data reviewed under subsection (b) and, for each
such requirement—
(A) describe the physical or electronic storage location
of the covered data that is in the possession of the Depart-
ment of Defense, or the method by which the Department
accesses the covered data, as applicable;
(B) evaluate whether the covered data delivered to
the Department under such requirement complies with—
(i) the marking and rights requirements for such
covered data under or pursuant to the contract con-
taining such reviewed requirement; and
(ii) the applicable provisions of chapter 275 of title
10, United States Code; and
(C) describe the category of rights in technical data
applicable under section 3771 of title 10, United States
Code, to the covered data delivered to the Department
under such reviewed requirement, including an identifica-
tion of whether the delivery or access to such covered
data under such reviewed requirement is subject to a cus-
tomized commercial license or a specially negotiated
license.
(2) FINDINGS.—The Secretary of Defense shall record in
the digital system implemented under subsection (a) the
findings of the review conducted under subsection (b) and the
assessment under paragraph (1).
(d) IDENTIFICATION
OF INSUFFICIENCY
IN COVERED DATA.—
Based on the review of requirements for covered data required
by subsection (b) and the assessment of available covered data
required by subsection (c), the Secretary of Defense shall identify
any insufficiency in covered data that negatively affects the ability
of the Secretary to effectively operate a covered system and main-
tain such covered system in a cost-effective manner considering
factors, including the years remaining in the lifecycle of the covered
system, projected inventory numbers of the covered system, or
a cost analysis of continuing the current operations or maintenance
approach for the covered system.
(e) ADDRESSING AN INSUFFICIENCY IN COVERED DATA.—
(1) IN
GENERAL.—For each covered system acquired by
the Department of Defense, the Secretary of Defense shall—
(A) distinguish between—
(i) covered data, the delivery of or access to which
was required by the contract or other agreement under
the review in subsection (b); and
(ii) covered data that was not required by the
contract or other agreement but that the Department
identified as an insufficiency in subsection (d);
(B) for covered data described in subparagraph (A)(i)
that is identified as insufficient under subsection (d), seek
to address such insufficiency with the relevant contractor,
including by receiving access to such covered data on a
non-deliverable basis;
S. 1071—229
(C) for covered data described in subparagraph (A)(i)
that identified as improperly marked pursuant to sub-
section (c)(1)(B), seek to address such improper marking
with the relevant contractor;
(D) for covered data described in subparagraph (A)(ii),
initiate a streamlined process to—
(i) request the relevant contractor to provide the
Government with options for the covered data required
to address the insufficiency in such covered data identi-
fied under subsection (d), which may include access
agreements, priced contract options, negotiated direct
licenses with government authorized repair contrac-
tors, or direct licenses for systems or components pro-
duced by subcontractors that are covered defense
equipment for access to the required covered data;
(ii) allow the contractor to propose terms for using
commercially accepted valuation practices, including
income-based, cost-based, and market-based pricing;
and
(E) consider the use of escrow agreements or similar
arrangements under a specifically negotiated license for
the required covered data with the original contractor or
subcontractor of the covered system in the event such con-
tractor or subcontractor decides to exit the business or
no longer support maintenance of the covered system.
(2) INSUFFICIENCY.—With respect to an insufficiency identi-
fied under subsection (d) in covered data for a commercial
product—
(A) the Secretary of Defense shall ensure that pricing
and terms and conditions offered by the contractor for
are commensurate with commercial practices for granting
similar access; and
(B) if the Secretary seeks access to technical data,
software, or other information in a manner that differs
from the manner in which such contractor customarily
provides to a buyer of such commercial product, the Sec-
retary shall seek to negotiate a customized commercial
license for such access.
(f) RECORDS RETENTION.—In carrying out this section, the Sec-
retary of Defense shall ensure that all technical data, computer
software, contract files, and related records acquired or generated
in connection with a covered system are retained and managed
by the Department of Defense until, at a minimum, the Department
has totally divested from such covered system.
(g) QUARTERLY UPDATES TO CONGRESS.—Not later than April
1, 2026, and every 90 days thereafter until the Secretary of Defense
completes the assessment required under subsection (c), the Sec-
retary of Defense shall provide to the congressional defense commit-
tees a briefing on—
(1) progress made toward completing the requirements of
this section;
(2) a summary of findings from such assessment, including
report of the position of the Government as to whether such
data meet marking and rights requirements;
(3) the efforts of the Department of Defense to address
any insufficiencies in covered data identified under subsection
S. 1071—230
(d), including a summary of the actions by the Department
to fund such efforts;
(4) a description of the methods used by the Department
in negotiating with any relevant contractor to access covered
data identified as an insufficiency in subsection (d); and
(5) any lessons learned to improve the actions of the
Department in planning for and acquiring covered data related
to covered systems acquired by the Department.
(h) RULES OF CONSTRUCTION.—Nothing in this section shall
be construed—
(1) as modifying any rights, obligations, or limitations of
the Government, contractor, or subcontractor with respect to
rights in technical data under subchapter I of chapter 275
of this title;
(2) as altering the requirements in section 2464 and 2466
of title 10, United States Code; or
(3) as altering or expanding any license rights the Govern-
ment has acquired in contracts or agreements.
(i) DEFINITIONS.—In this section:
(1) The term ‘‘covered data’’ means technical data and
computer software required—
(A) to enable the Department of Defense or government
authorized repair contractors performing under a support
contract, the primary purpose of which is to furnish repair
or maintenance services on site at a depot, installation
or operating location of the Government in support of the
share of depot-level maintenance and repair workload of
the Government in accordance with section 2466 of this
title; or
(B) to maintain a core logistics capability in accordance
with section 2464 of this title provided for use by third
parties without restriction for the maintenance of the cov-
ered system.
(2) The term ‘‘covered system’’ means—
(A) a major defense acquisition program, as defined
in section 4201 of title 10, United States Code; or
(B) an acquisition program or project that is carried
out using the rapid prototyping or rapid fielding acquisition
pathway under section 3602 of such title that is estimated
by the Secretary of Defense to require an eventual total
expenditure described in section 4201(a)(2) of such title;
(3) The term ‘‘maintain or repair’’ excludes the manufacture
of new items.
(4) The term ‘‘digital system’’ means a secure, electronic
platform required by subsection (a) that—
(A) is connected to authoritative systems for product
lifecycle management and contracting data repositories and
other systems where contractor data are stored or accessed;
and
(B) identifies technical data owed under contract terms,
verify compliance of received data with marking and rights
requirements, detect omissions or errors, and track
metadata for decision-making.
(5) The term ‘‘service acquisition executive’’ has the
meaning given in section 101 of title 10, United States Code.
S. 1071—231
Subtitle B—Amendments to General Con-
tracting Authorities, Procedures, and
Limitations
SEC. 811. REPEALS OF EXISTING LAW TO STREAMLINE THE DEFENSE
ACQUISITION PROCESS.
(a) TITLE 10, UNITED STATES CODE.—The following provisions
of title 10, United States Code, are hereby repealed:
(1) Chapter 345.
(2) Section 3070.
(3) Section 3106.
(4) Section 3373.
(5) Section 3455.
(6) Section 3678.
(7) Section 4423.
(8) Section 8688.
(b) NATIONAL DEFENSE AUTHORIZATION ACTS.—The following
provisions are hereby repealed:
(1) Section 883 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263;
10 U.S.C. 3372 note).
(2) Of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81)—
(A) section 378 (10 U.S.C. 113 note);
(B) section 380 (10 U.S.C. 4001 note); and
(C) section 875 (10 U.S.C. note prec. 3344).
(3) Of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283)—
(A) section 218 (10 U.S.C. 8013 note);
(B) section 846(a) (10 U.S.C. 4811 note); and
(C) section 891 (10 U.S.C. 3804 note).
(4) Of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92)—
(A) section 232 (10 U.S.C. 4001 note);
(B) section 802 (10 U.S.C. 3206 note); and
(C) section 1651 (10 U.S.C. 4571 note).
(5) Of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–232)—
(A) section 222 (10 U.S.C. 4014 note);
(B) section 230 (10 U.S.C. note prec. 4061); and
(C) section 843 (10 U.S.C. note prec. 4171).
(6) Of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91)—
(A) section 849 (131 Stat. 1487);
(B) section 874 (10 U.S.C. note prec. 3101);
(C) section 1089 (10 U.S.C. 4025 note); and
(D) section 1272 (10 U.S.C. 4571 note).
(7) Section 925(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4271
note).
(8) Of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92)—
(A) section 802(d)(2) (10 U.S.C. 4251 note);
(B) section 810 (10 U.S.C. note prec. 3101);
(C) Section 844(b) (10 U.S.C. 3453 note);
S. 1071—232
(D) Section 881 (10 U.S.C. note prec. 4601); and
(E) Section 883(e) (10 U.S.C. note prec. 4571).
(9) Section 854 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. 4571 note).
(10) Section 1603 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 4007
note).
(11) Section 2867 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 4571
note).
(12) Of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111–383)—
(A) section 215 (10 U.S.C. 4571 note);
(B) section 812 (10 U.S.C. note prec. 4211);
(C) section 824(a) (10 U.S.C. 3774 note);
(D) section 831(b) (10 U.S.C. note prec. 4501);
(E) subsections (a) through (h) of section 863 (10 U.S.C.
note prec. 4501);
(F) subsections (a) through (f) of section 866 (10 U.S.C.
note prec. 3241); and
(G) section 932 (10 U.S.C. 2224 note).
(13) Of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111–84)—
(A) section 804 (123 Stat. 2402); and
(B) section 1043 (10 U.S.C. 4174 note).
(14) Of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417)—
(A) section 143 (10 U.S.C. note prec. 3241);
(B) section 254 (10 U.S.C. note prec. 3241);
(C) subsections (a) through (c) of section 804 (122 Stat.
4356); and
(D) section 814 (10 U.S.C. 4271 note).
(15) Of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110–181)—
(A) section 214 (10 U.S.C. 4841 note);
(B) section 238(b) (10 U.S.C. 4841 note);
(C) section 821 (10 U.S.C. note prec. 3451); and
(D) section 881 (Public Law 110–181; 10 U.S.C. 4571
note).
(16) Of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109–364)—
(A) section 812 (10 U.S.C. 4325 note); and
(B) section 832 (10 U.S.C. note prec. 4501).
(17) Of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109–163)—
(A) subtitle D of title II (10 U.S.C. 4841 note); and
(B) section 816 (10 U.S.C. note prec. 3344).
(18) Section 851 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375;
10 U.S.C. note prec. 3241).
(19) Of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314)—
(A) section 133 (10 U.S.C. 3678 note); and
(B) section 804 (10 U.S.C. 4571 note).
S. 1071—233
(20) Section 826 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106–398;
10 U.S.C. note prec. 3241).
(21) Section 822 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. note
prec. 3201).
(22) Section 812 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. note
prec. 4061).
(23) Section 913 of the Department of Defense Authoriza-
tion Act, 1986 (Public Law 99–145; 10 U.S.C. note prec. 3201).
(24) Section 1252 of the Department of Defense Authoriza-
tion Act, 1985 (Public Law 98–525; 10 U.S.C. 4205 note).
(c) CONFORMING AMENDMENTS TO PLACE INTO SECTION 101(A)
OF TITLE 10, UNITED STATES CODE, THE DEFINITION OF MAJOR
WEAPON SYSTEM FORMERLY CONTAINED IN SECTION 3455(F) (AND,
PREVIOUSLY, SECTION 2379) OF SUCH TITLE.—
(1) PLACING
DEFINITION
INTO
SECTION
101(A).—Section
101(a) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
‘‘(21) The term ‘major weapon system’ means a weapon
system acquired pursuant to a major defense acquisition pro-
gram (as that term is defined in section 4201 of this title).’’.
(2) AMENDING PROVISIONS THAT REFER TO SECTION 3455(F)
SO
AS
TO
REFER
TO
SECTION
101(A)
INSTEAD.—The following
sections of title 10, United States Code, are each amended
by striking ‘‘section 3455(f)’’ and inserting ‘‘section 101(a)’’:
(A) Section 118(f)(1).
(B) Section 233a(d).
(C) Section 4325(d).
(D) Section 4401(c)(9).
(3) AMENDING PROVISIONS THAT REFER TO SECTION 2379,
THE PREDECESSOR PROVISION TO SECTION 3455, SO AS TO REFER
TO SECTION 101(A) INSTEAD.—
(A) Section 2(3) of the Weapon Systems Acquisition
Reform Act of 2009 (Public Law 111–23; 10 U.S.C. note
prec. 4321) is amended by striking ‘‘section 2379(d)’’ and
inserting ‘‘section 101(a)’’.
(B) Section 875(b)(2) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public
Law 111–383; 10 U.S.C. 1723 note) is amended by striking
‘‘section 2379(f)’’ and inserting ‘‘section 101(a)’’.
(C) Section 836(c)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 22 U.S.C.
2767 note) is amended by striking ‘‘section 2379(f)’’ and
inserting ‘‘section 101(a)’’.
(D) Section 1058(d) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116–283; 10 U.S.C. 2224 note) is amended
by striking ‘‘section 2379(f)’’ and inserting ‘‘section 101(a)’’.
(d) MISCELLANEOUS OTHER CONFORMING AMENDMENTS.—
(1) Section 3453(d) of title 10, United States Code, is
amended by striking ‘‘the procurement official for the solicita-
tion’’ and all that follows through the period at the end and
inserting ‘‘the procurement official for the solicitation may
require the offeror to submit relevant information.’’.
S. 1071—234
(2) Section 831 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. note
prec. 3701) is amended in each of subsections (a) and (b)(1)
by striking ‘‘sections 2306a(d) and 2379’’ and inserting ‘‘section
3705’’.
(3) Section 4422(c)(3) of title 10, United States Code, is
amended by striking ‘‘, subject to the requirements and limita-
tions in section 4423 of this title’’.
SEC. 812. MODIFICATIONS TO CURRENT DEFENSE ACQUISITION
REQUIREMENTS.
(a) MODIFICATIONS TO TITLE 10.—Title 10, United States Code,
is amended—
(1) in section 1749(f)(1), by striking ‘‘on a reimbursable
basis’’;
(2) in section 2222(i)(1)(A)—
(A) in clause (vi), by adding ‘‘or real estate system’’
after ‘‘An installations management system’’; and
(B) by adding at the end the following new clauses:
‘‘(ix) A budget system.
‘‘(x) A retail system.
‘‘(xi) A health care system.
‘‘(xii) A travel and expense system.
‘‘(xiii) A payroll system.
‘‘(xiv) A supply chain management system.
‘‘(xv) A Departmentwide resource planning system.
‘‘(xvi) A contractor management system.’’;
(3) in section 3012(3)(B), by striking ‘‘lowest overall cost
alternative’’ and inserting ‘‘best value’’;
(4) in section 3069—
(A) in subsection (a)—
(i) by striking ‘‘the head of an agency’’ and all
that follows through ‘‘findings:’’ and inserting ‘‘a con-
tracting officer making the acquisition may acquire
a higher quantity of the end item than the quantity
specified for the end item in a law providing for the
funding of that acquisition if that contracting officer
determines in writing that:’’;
(ii) by striking paragraph (4);
(B) in subsection (b), by striking ‘‘The regulations shall’’
and all that follows through ‘‘3205 of this title.’’;
(C) by striking subsection (c) and redesignating sub-
section (d) and (e) as subsections (c) and (d), respectively;
and
(D) in subsection (d), as so redesignated, by amending
paragraph (2) to read as follows:
‘‘(2) In this section, the term ‘end item’ means a production
product assembled, completed, and ready for issue or deploy-
ment.’’;
(5) in section 3226(d), by amending paragraph (2) to read
as follows:
‘‘(2) Funds described in paragraph (1) may be used—
‘‘(A) to cover any increased program costs identified
by a revised cost analysis or target developed pursuant
to subsection (b);
‘‘(B) to acquire additional end items in accordance with
section 3069 of this title; or
S. 1071—235
‘‘(C) to cover the cost of risk reduction and process
improvements.’’;
(6) in section 3243(d)—
(A) in paragraph (1)(B), by striking ‘‘subject to para-
graph (2),’’;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(7) in section 3703(a)(1)(A), by striking ‘‘competition that
results in at least two or more responsive and viable competing
bids’’ and inserting ‘‘price competition’’;
(8) in section 3705(b), by inserting the following new para-
graph:
‘‘(3) ALTERNATIVE SOURCES REQUIRED.—If the head of con-
tracting activity, or the designee of the head of contracting activity,
determines it is in the best interest of the Government to make
the award under subsection (b)(1), the head of the agency shall
conduct an assessment of alternative offerors as a source of supply
using authorities provided by sections 865 and 882 of the National
Defense Authorization Act for Fiscal Year 2025 (Public Law 118–
159).’’; and
(9) in section 4201(b), by adding at the end the following
new paragraph:
‘‘(3) An acquisition program for software and covered hard-
ware as described by section 3603 of this title.’’.
(b) USE OF CAPABILITY-BASED ANALYSIS OF PRICE OF GOODS
OR SERVICES OFFERED
BY NONTRADITIONAL DEFENSE CONTRAC-
TORS.—Section 864(d) of the National Defense Authorization Act
for Fiscal Year 2025 (Public Law 118–159) is amended—
(1) in the subsection heading, by striking ‘‘CAPACITY-BASED’’
and inserting ‘‘CAPABILITY-BASED’’; and
(2) in paragraph (4), by striking ‘‘increased capacity’’ and
inserting ‘‘increased capability’’.
(c) CODIFICATION OF PROGRAM TO ACCELERATE CONTRACTING
AND PRICING PROCESSES.—
(1) IN
GENERAL.—Section 890 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 3701) is transferred to
chapter 271 of title 10, United States Code, inserted after
section 3708, and redesignated as section 3709.
(2) AMENDMENTS.—Section 3709 of title 10, United States
Code, as so transferred and redesignated, is amended—
(A) in the section heading, by striking ‘‘PILOT’’;
(B) by striking ‘‘pilot’’ each place it appears;
(C) in subsection (a)(2), by striking ‘‘chapter 271 of
title 10, United States Code’’ and inserting ‘‘this chapter’’;
(D) in subsection (b)—
(i) in the matter preceding paragraph (1), by
striking ‘‘section 1737 of title 10, United States Code’’
and inserting ‘‘section 1737 of this title’’; and
(ii) in paragraph (2), by striking ‘‘minimal
reporting’’ and inserting ‘‘no unique reporting’’; and
(E) by striking subsections (c) and (d).
SEC. 813. MODIFICATION TO AWARD AMOUNT FOR PROGRAM TO
ACCELERATE THE PROCUREMENT AND FIELDING OF
INNOVATIVE TECHNOLOGIES.
Section 3604(c) of title 10, United States Code, is amended—
S. 1071—236
(1) in the subsection heading, by striking ‘‘MAXIMUM’’; and
(2) by inserting ‘‘shall be greater than or equal to
$10,000,000 and’’ before ‘‘shall not exceed’’.
SEC. 814. ADDITIONAL AMENDMENTS RELATED TO UNDEFINITIZED
CONTRACTUAL ACTIONS.
(a) IN GENERAL.—Section 3374(a) of title 10, United States
Code, is amended—
(1) in the heading, by striking ‘‘CERTAIN REDUCED’’;
(2) in paragraph (1), by striking ‘‘and’’ at the end;
(3) in paragraph (2), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
‘‘(3) the increased cost risk of the contractor with respect
to any costs incurred prior to the award of the undefinitized
contractual action when such costs—
‘‘(A) would have been directly chargeable to the con-
tract if incurred after the award of the contract; and
‘‘(B) were incurred to meet an anticipated contract
delivery schedule or anticipated contract price targets of
the Government under an acquisition strategy required
under section 4211 of this title; and
‘‘(4) the increased cost risk of the contractor with respect
to negotiations continuing for more than 180 days beginning
on the date on which the contractor submitted the qualifying
proposal to definitize such undefinitized contractual action.’’.
(b) 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 carry out section 3374(a) of title 10, United States
Code, as amended by subsection (a).
SEC. 815. AMENDMENT TO PROCUREMENT OF SERVICES DATA ANAL-
YSIS AND REQUIREMENTS VALIDATION.
Section 4506 of title 10, United States Code, is amended—
(1) by repealing subsection (e); and
(2) in subsection (f)—
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3) and (4) as para-
graphs (1) and (2), respectively.
SEC. 816. MODIFICATION OF PROGRAM AND PROCESSES RELATING
TO FOREIGN ACQUISITION.
Section 873(a) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 137 Stat. 350; 10 U.S.C.
301 note) is amended—
(1) by striking ‘‘may’’ and inserting ‘‘shall’’; and
(2) by inserting ‘‘who are qualified’’ before ‘‘to advise’’.
SEC. 817. REVIEW OF DEPARTMENT OF DEFENSE INSTRUCTION
RELATING TO CONVENTIONAL AMMUNITION MANAGE-
MENT.
(a) IN
GENERAL.—Section 806(c) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 10 U.S.C. 3241 note prec.) is amended by striking
‘‘, dated March 8, 1995’’ and inserting ‘‘, or any successor directive
or instruction’’.
S. 1071—237
(b) REVIEW OF INSTRUCTION.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall—
(1) review Department of Defense Instruction 5160.68
(relating to ‘‘Single Manager for Conventional Ammunition’’);
(2) assess whether to modify the definition of ‘‘conventional
ammunition’’ in such Instruction to include one-way lethal or
non-lethal armed/attack unmanned aerial vehicles and systems;
and
(3) if the Secretary determines such modification is appro-
priate, update the Instruction accordingly.
(c) REPORT REQUIRED.—Not later than December 31, 2026,
the Secretary of Defense shall submit to the congressional defense
committees a report on the results of the review and assessment
conducted under subsection (b). The report shall include—
(1) details of the analysis carried out as part of the review
and assessment and any resulting conclusions; and
(2) the rationale for the Secretary’s determination as to
whether or not to modify the definition of ‘‘conventional
ammunition’’ in the manner described in subsection (b)(2).
Subtitle C—Provisions Relating to
Workforce Development
SEC. 821. IMPROVEMENTS TO PUBLIC-PRIVATE TALENT EXCHANGE.
Section 1599g(f)(2)(B) of title 10, United States Code, is
amended by striking ‘‘207,’’.
SEC. 822. MODIFICATIONS TO REQUIREMENTS FOR THE PRESIDENT
OF THE DEFENSE ACQUISITION UNIVERSITY.
Section 1746(e)(3) of title 10, United States Code, is amended
by striking ‘‘term’’ each place it appears and inserting ‘‘tenure’’.
SEC. 823. HIRING AUTHORITIES FOR DEFENSE CIVILIAN TRAINING
CORPS.
(a) IN GENERAL.—Section 2200h of title 10, United States Code,
is amended—
(1) in paragraph (8), by inserting ‘‘, in accordance with
subsection (b)’’ before the period;
(2) by striking ‘‘In establishing’’ and inserting the following:
‘‘(a) IN GENERAL.—In establishing’’; and
(3) by adding at the end the following new subsection:
‘‘(b) HIRING AUTHORITY.—
‘‘(1) MEMBERS.—The head of an element of the Department
of Defense that partners with an institution participating in
the program may, without regard to the provisions of sub-
chapter I of chapter 33 of title 5, appoint a member of the
program to a position in such element for a term of one year.
‘‘(2) GRADUATES.—
‘‘(A) IN GENERAL.—The head of an element described
in paragraph (1) may—
‘‘(i) renew the appointment a successful graduate
of the program serving a one-year term under such
S. 1071—238
paragraph until such graduate is appointed to a perma-
nent position in such element, except that the appoint-
ment may not be renewed for more than a total of
four one-year terms; and
‘‘(ii) without regard to the provisions of subchapter
I of chapter 33 of title 5, appoint a graduate holding
a position under an appointment renewed under clause
(i) to a vacant position in the civil service (as such
term is defined in section 2101 of title 5, United States
Code) in the Department.
‘‘(B) LEVEL.—The position of a graduate in a term
or permanent position described in subparagraph (A) shall
be classified at the level of GS–9 under the General
Schedule under subchapter III of chapter 53 of title 5,
or an equivalent level for which the participant is qualified,
without regard to any minimum time-in-grade or time-
based experience requirements.
‘‘(C) LIMIT.—The authority under this section may not
be used for more than 60 graduates of the program in
any calendar year.
‘‘(3) COMPENSATION.—
‘‘(A) IN
GENERAL.—The basic pay of an individual
appointed under this subsection shall be paid from amounts
available in the Department of Defense Acquisition
Workforce Development Account established under section
1705 of this title.
‘‘(B) LIMITATION.—Payment under subparagraph (A)
may be made only during the term of the appointment
of such an individual and may not exceed a total of four
years of payments for any one individual, including
renewals under paragraph (1) or (2).
‘‘(C) RELATION TO OTHER AUTHORITY.—Nothing in this
paragraph shall be construed to affect the authority of
the Secretary of Defense to pay compensation from other
available appropriations.
‘‘(4) SUNSET.—The authority under this subsection shall
terminate on December 31, 2029.’’.
(b) REPORTS.—
(1) IN GENERAL.—Not later than January 31, 2026, and
annually thereafter until January 31, 2030, the Secretary of
Defense shall submit to the appropriate congressional commit-
tees a report on the use of the authority under subsection
(b) of section 2200h of title 10, United States Code, as added
by this section.
(2) ELEMENTS.—Each report required by paragraph (1)
shall include the following:
(A) The number of graduates of the Defense Civilian
Training Corps program established under section 2200g
of such title for which the authority under such subsection
(b) was used for the year covered by the report.
(B) An identification of the elements of the Department
of Defense that used such authority to appoint graduates
of the Defense Civilian Training Corps program under para-
graph (2)(ii) of such subsection (b).
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means—
S. 1071—239
(A) the Committee on Armed Services and the Com-
mittee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Armed Services and the Com-
mittee on Oversight and Government Reform of the House
of Representatives.
SEC. 824. INCREASING COMPETITION IN DEFENSE CONTRACTING.
(a) USES OF PAST PERFORMANCE.—
(1) IN
GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense shall
issue guidance, including examples and templates where appro-
priate, on—
(A) when the Department of Defense should accept
past performance on a wider range of projects, such as
a requirement without much precedent, in order to have
increased competition among eligible firms with capability
to perform a requirement, by including commercial or non-
government projects as relevant past performance for the
purposes of awarding contracts or other agreements;
(B) a means by which the Department may validate
non-government past performance references, including by
requiring an official of an entity providing past performance
references to attest to their authenticity and by providing
verifiable contact information for the references; and
(C) using alternative methods of evaluation other than
past performance that may be appropriate for a require-
ment without much precedent, such as demonstrations and
testing of technologies as part of the proposal process for
contracts or other awards of the Department.
(2) SUPPLEMENT
NOT
SUPPLANT.—The guidance issued
under paragraph (1) shall supplement existing Department of
Defense policy and procedures for consideration of past perform-
ance and other evaluation factors and methods.
(b) ENHANCING COMPETITION IN DEFENSE PROCUREMENT.—
(1) COUNCIL RECOMMENDATIONS.—Not later than 90 days
after the date of the enactment of this Act, the Secretary
of Defense shall convene the Defense Acquisition Regulations
Council (in this section referred to as the ‘‘Council’’), to make
recommendations to identify and eliminate specific, unneces-
sary procedural barriers that disproportionately affect the
ability of small business concerns and nontraditional defense
contractors, to compete for contracts with the Department of
Defense, with a focus on streamlining documentation and quali-
fication requirements unrelated to the protection of privacy
and civil liberties.
(2) CONSULTATION.—The Council shall obtain input from
the public, including from the APEX Accelerators program (for-
merly known as Procurement Technical Assistance Center net-
work) and other contractor representatives, to identify procure-
ment policies and regulations that are obsolete, overly burden-
some or restrictive, not adequately harmonized, or otherwise
serve to create barriers to small business concerns and non-
traditional defense contractors contracting with the Department
or that unnecessarily increase bid and proposal costs.
S. 1071—240
(3) EXAMINATION OF ACTIONS.—The Council shall consider
the input obtained under paragraph (2) and any other informa-
tion determined to be relevant by the Council to identify legisla-
tive, regulatory, and other actions to increase competition and
remove barriers to small business concerns and nontraditional
defense contractors participating in the procurement process
of the Department of Defense.
(4) IMPLEMENTATION.—Not later than 2 years after the
date of the enactment of this Act, the Secretary of Defense
shall implement the regulatory and other non-legislative actions
identified under paragraph (3), as determined necessary by
the Secretary, to remove barriers to entry for small business
concerns and nontraditional defense contractors seeking to
participate in Department of Defense procurement.
(5) BRIEFING.—Not later than two years 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 on the legislative
actions identified under paragraph (3) and the actions imple-
mented under paragraph (4).
(c) CONSIDERATION
OF COST-EFFICIENCY
AND QUALIFY.—The
Secretary of Defense shall advocate for and prioritize contracting
policies that ensure that cost-efficiency and quality of goods and
services are key determining factors in awarding procurement con-
tracts.
(d) DEFINITIONS.—In this section—
(1) the term ‘‘nontraditional defense contractors’’ has the
meaning given such term in section 3014 of title 10, United
States Code; and
(2) 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. 825. REPORT ON STRENGTHENING THE DEFENSE ACQUISITION
UNIVERSITY.
(a) ASSESSMENT REQUIRED.—The Secretary of Defense, acting
through the Director of the Acquisition Innovation Research Center,
shall conduct a comprehensive assessment of the Defense Acquisi-
tion University (in this section referred to as ‘‘DAU’’) to strengthen
the ability of the DAU to train and develop members of the acquisi-
tion workforce to meet the current and future needs of the Depart-
ment of Defense. The assessment shall include the following:
(1) An evaluation of the mission of the DAU and the
alignment of such mission with the objectives of the defense
acquisition system established pursuant to section 3102 of title
10, United States Code (as added by this Act).
(2) An evaluation of the effectiveness of training and
development provided by DAU to members of the acquisition
workforce to enable such members to effectively implement
the objectives of the defense acquisition system.
(b) ELEMENTS.—The assessment in paragraph (1) shall evaluate
the following:
(1) The organization and structure of DAU.
(2) The curriculum and educational offerings of DAU.
(3) The composition of the staff and faculty of DAU,
including an assessment of the diversity of skills, abilities,
and professional backgrounds of such staff and faculty.
S. 1071—241
(4) The sufficiency of resources and funding mechanisms
supporting DAU operations.
(5) The extent to which DAU uses external experts and
academic institutions to inform and enhance the curriculum
of the DAU.
(6) The extent to which the DAU uses commercially avail-
able training, including an identification of opportunities for
the DAU to use certifications, including certifications with a
narrow focus that can be quickly obtained and combined with
other such certifications to obtain a more comprehensive quali-
fication.
(7) The use of experiential learning platforms by the DAU,
including training simulators or gaming approaches, in order
to accelerate the development of the acquisition workforce on
the full range of potential acquisition scenarios and the relevant
authorities allowed by law.
(8) The use of field training opportunities by the DAU
to support the acquisition workforce in real world use cases.
(c) RECOMMENDATIONS.—The Director of the Acquisition
Innovation Research Center shall use the assessment required
under this section and the objectives of the defense acquisition
system to provide to the Secretary of Defense recommendations
to strengthen the ability of the Department of Defense to train
and develop members of the acquisition workforce.
(d) REPORT TO CONGRESS.—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 con-
taining—
(1) a summary of the methodology used to conduct the
assessment under subsection (a) and activities carried out as
part of the assessment;
(2) the findings of the assessment conducted under sub-
section (a) and the recommendations provided under subsection
(c);
(3) any actions necessary to ensure that DAU fulfills its
mission and provides training and development to members
of the acquisition workforce that aligns with the objectives
of the defense acquisition system; and
(4) any additional recommendations to improve all aspects
of the acquisition workforce, including recruiting, retention,
training, management, and workforce composition.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Acquisition Innovation Research Center’’
means the acquisition research organization within a civilian
college or university that is described under section 4142(a)
of title 10, United States Code.
(2) The term ‘‘acquisition workforce’’ has the meaning given
in section 101 of title 10, United States Code.
SEC. 826. RESTRUCTURING OF PERFORMANCE EVALUATION METRICS
FOR THE ACQUISITION WORKFORCE.
(a) ESTABLISHMENT OF ACQUISITION WORKFORCE KEY PERFORM-
ANCE OBJECTIVES.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall implement
mandatory key performance objectives (in this section referred to
as ‘‘KPOs’’) for evaluating the performance of civilian members
of the acquisition workforce.
S. 1071—242
(b) KPO REQUIREMENTS.—The KPOs implemented under sub-
section (a) shall—
(1) include strategic outcome objectives and workforce
behavioral objectives for the workforce; and
(2) be developed in a manner that enables an assessment
of the degree of alignment between—
(A) the objectives of the defense acquisition system
established by section 3102 of title 10, United States Code;
and
(B) the prudent and appropriate use by a member
of the acquisition workforce of innovative, risk-tolerant
practices in achieving those objectives.
(c) STRATEGIC OUTCOME OBJECTIVES.—The strategic outcome
objectives for the acquisition workforce required by subsection (b)(1)
shall align with the objectives of the defense acquisition system
established pursuant to section 3102 of title 10, United States
Code, and shall address strategic acquisition mission areas
including—
(1) the expeditious delivery of capabilities to enhance the
operational readiness of the Armed Forces and enable the mis-
sions of the Department of Defense;
(2) enabling and supporting the integration of innovative
solutions to enhance military effectiveness and responsiveness
to emerging threat;
(3) ensuring supply-chain and industrial-base resilience and
surge capabilities to support the contingency and operational
plans of the Department of Defense;
(4) cultivation of a leadership and organizational culture
in the defense acquisition system that encourages responsible
risk-taking, collaboration, and learning through failure; and
(5) workforce currency and continuous education, including
digital and artificial intelligence literacy and technical pro-
ficiency necessary for an individual’s job function.
(d) WORKFORCE
BEHAVIORAL
OBJECTIVES.—The workforce
behavioral objectives required by subsection (b)(1) shall be designed
to develop the critical skills and behaviors of members of the
acquisition workforce, including—
(1) the adoption of innovative acquisition authorities and
approaches;
(2) a preference for commercial products and services and
supporting market research of commercial or emerging tech-
nologies;
(3) engagement with end users to incorporate feedback
into acquisition decisions and program adjustments;
(4) the ability to use iterative development cycles and
inform program tradeoffs, including discontinuing or termi-
nating the development of capabilities—
(A) that no longer align with approved capability
requirements or priorities; or
(B) are experiencing significant cost growth, perform-
ance or technical deficiencies, or delays in schedule;
(5) a pursuit of professional development to broaden exper-
tise and assume expanded responsibilities in cross-functional
initiatives; and
(6) the ability to overcome obstacles to prioritize end-user
outcomes in acquisition execution.
S. 1071—243
(e) INTEGRATION WITH PERSONNEL SYSTEMS AND PROMOTION
BOARDS.—The KPOs implemented under subsection (a) shall be
integrated into—
(1) annual performance appraisals for members of the
acquisition workforce;
(2) promotion, bonus, and assignment considerations for
acquisition workforce positions; and
(3) requirements for certification, training, and continuing
education under chapter 87 of title 10, United States Code.
(f) ACCELERATING
WORKFORCE
DEVELOPMENT
AND
EXPERI-
ENCE.—Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition and Sustainment and the Presi-
dent of the Defense Acquisition University, shall identify and ini-
tiate the use of experiential learning platforms, including training
simulators or gaming approaches, to accelerate the development
of the acquisition workforce on the full range of acquisition situa-
tions and the relevant authorities allowed by law.
(g) ACQUISITION WORKFORCE DEFINED.—In this section, the
term ‘‘acquisition workforce’’ has the meaning given such term
in section 101 of title 10, United States Code.
Subtitle D—Provisions Relating to Supply
Chains and Domestic Sourcing
SEC. 831. APPLICABILITY OF BERRY AMENDMENT TO PROCUREMENT
OF CERTAIN SEAFOOD.
(a) IN GENERAL.—Section 4862(g) of title 10, United States
Code, is amended—
(1) by striking ‘‘Subsection (a)’’ and inserting ‘‘(1) Except
as provided in paragraph (2), subsection (a)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) Paragraph (1) shall not apply with respect to the
procurement of seafood originating in a covered foreign country,
including procurement for use in military dining facilities, galleys
aboard United States naval vessels, and procurement for resale
in commissary stores, notwithstanding the source of funds used
for such procurement.
‘‘(B) The Secretary of Defense may waive the requirements
of subparagraph (A) if such procurement would cause undue burden
to a naval vessel while at sea or in port at a foreign port, a
dining facility in a foreign country, a commissary, an exchange,
or a nonappropriated fund instrumentality located on a military
installation located outside the United States.
‘‘(C) In this paragraph, the term ‘covered foreign country’ means
The People’s Republic of China, the Russian Federation, the Islamic
Republic of Iran, or the Democratic People’s Republic of Korea.’’.
(b) RULEMAKING.—The Secretary of Defense shall issue such
rules necessary to carry out this section and the amendments
made by this section.
(c) APPLICABILITY.—This section and the amendments made
by this section shall apply with respect to contracts entered into
on or after the date of the enactment of this Act.
S. 1071—244
SEC. 832. ENHANCEMENT OF DEFENSE SUPPLY CHAIN RESILIENCE
AND SECONDARY SOURCE QUALIFICATION.
(a) IN
GENERAL.—Section 865 of the National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10
U.S.C. 4811 note) is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘; and’’ and inserting
a semicolon;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) produce all critical readiness items of supply, including
those identified as having sole-source dependencies, excessive
lead times, unreasonable pricing, or other supply chain defi-
ciencies; and’’;
(2) by redesignating subsections (f) through (j) as sub-
sections (g) through (k), respectively;
(3) by inserting after subsection (e) the following new sub-
section:
‘‘(f) EXPEDITED QUALIFICATION PANELS.—
‘‘(1) Each Secretary of a military department shall establish
an Expedited Qualification Panel within the military depart-
ment under the jurisdiction of that Secretary. Each Expedited
Qualification Panel shall—
‘‘(A) develop standardized templates for expedited
Source Approval Requests; and
‘‘(B) not later than 14 days after receiving an expedited
Source Approval Request—
‘‘(i) review the request; and
‘‘(ii) based on tiered risk criteria, make a deter-
mination with respect to the request which shall con-
sist of—
‘‘(I) conditional approval, which may be valid
for up to 12 months;
‘‘(II) full approval; or
‘‘(III) disapproval of the request.
‘‘(2) In reviewing and making determinations with respect
to Source Approval Requests under paragraph (1), an Expedited
Qualification Panel may use the services of designated
engineering representatives or equivalent third-party certified
engineers when appropriate.’’; and
(4) by adding at the end the following new subsection:
‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘critical readiness items of supply’ has the
meaning given the term in section 1733 of title 10, United
States Code.
‘‘(2) The term ‘non-safety critical items, or non-mission
critical items’ includes the following items:
‘‘(A) Major risk parts or systems the failure of which
is likely to cause structural damage or significant mission
degradation and requires finite element modeling, fracture
analysis, comparison to similar parts, or similar methods.
‘‘(B) Minor risk parts and systems that only have form,
fit, and function requirements verified by dimensional
coordinate measuring machines, go/no-go gauges, or similar
methods.
S. 1071—245
‘‘(C) Low risk parts and systems that are consumable
or non-critical, requiring material certification, visual
inspections, or similar methods.
‘‘(3) The term ‘safety critical items or mission critical items’
means parts or systems the failure of which is likely to cause
loss of control, catastrophic failure, or loss of life, and require
full qualification, simulation, and physical testing with
Engineering Support Activity witnessing.’’.
(b) ACCEPTANCE
OF
CIVIL
AVIATION
AUTHORITY
CERTIFI-
CATION.—
(1) IN GENERAL.—The Secretary of Defense may not conduct
a separate review and approval process for aircraft parts and
components and repair processes that have been approved by
a civil aviation authority under a Parts Manufacturer Approval
or Designated Engineering Representative spare or repair cer-
tification and approval processes unless—
(A) a written justification for such additional review
and approval process is approved by the commander of
a systems command of a military service; and
(B) the Secretary submits such justification to the
congressional defense committees.
(2) UPDATE TO SOURCE APPROVAL REQUEST PROCESS.—Not
later than June 1, 2026, the Secretary of Defense shall update
the Defense Logistics Agency Source Approval Request process
to establish a uniform evaluation and acceptance methodology,
applicable across all military services, pursuant to which spares
or repairs with civil aviation authority approval, as described
in paragraph (1), shall be qualified for use on military aircraft
that have a civil equivalent without requiring an additional,
separate certification from the Department of Defense, regard-
less of whether such spares or repairs are determined to be
safety critical items or mission critical items (as defined in
section 865(l) of the National Defense Authorization Act for
Fiscal Year 2025 (as added by subsection (a))).
SEC. 833. INTERIM NATIONAL SECURITY WAIVERS FOR SUPPLY CHAIN
ILLUMINATION EFFORTS.
(a) ELIGIBILITY FOR INTERIM NATIONAL SECURITY WAIVER.—
(1) IN GENERAL.—If a contractor, through the use of supply
chain illumination efforts, discovers a noncompliant item in
a supply chain and promptly discloses that discovery to the
program manager responsible for such supply chain, the con-
tractor shall be eligible for a waiver described in subsection
(b) to deliver an end item subject to the requirements of this
section.
(2) DISCLOSURES.—A disclosure described in paragraph (1)
may include a disclosure resulting from supply chain illumina-
tion efforts conducted by the contractor, a subcontractor, or
by a third-party entity acting on behalf of the contractor or
subcontractor to increase supply chain transparency. Discov-
eries of non-compliance by the United States Government is
not a disclosure described under paragraph (1).
(b) INTERIM NATIONAL SECURITY WAIVER.—
(1) IN GENERAL.—The Secretary of Defense or the Secretary
concerned (as defined in section 101 of title 10, United States
Code) may issue an interim national security waiver under
this section to allow a contractor to—
S. 1071—246
(A) accept delivery of an end item that contains a
noncompliant item if the program manager determines the
noncompliant item does not represent a security, safety,
or flight risk; and
(B) make payment for the delivery of the end item.
(2) DELEGATION.—The authority to issue a waiver under
paragraph (1) may be delegated—
(A) to the service acquisition executive of the military
department responsible for the acquisition program con-
cerned; or
(B) if the end item is used in acquisition programs
of more than one military department, to the Deputy Sec-
retary of Defense or the Under Secretary of Defense for
Acquisition and Sustainment.
(c)
REQUIREMENTS
FOR
INTERIM
NATIONAL
SECURITY
WAIVERS.—
(1) WRITTEN DETERMINATION.—An interim national security
waiver issued under this section shall be include written deter-
mination with the following:
(A) The preliminary facts and circumstances regarding
the identified noncompliant item and the likely cause for
noncompliance.
(B) The types of end items to which the waiver applies,
including any additional items currently being evaluated
for potential noncompliance with statutes listed in sub-
section (g).
(C) A determination that any identified noncompliant
items in an end item to which the waiver applies and
any additional item being evaluated for potential non-
compliance do not represent a security, safety, or flight
risk.
(D) An assessment of program risk due to the accept-
ance and use of an end item that contains a noncompliant
item to be procured under the waiver.
(2) SUBMISSION
TO
CONGRESS.—A written determination
under this subsection shall be submitted to the congressional
defense committees not later than five days after the date
on which a waiver is issued for the end item that is the
subject of such determination.
(d) CONTRACTOR RESPONSIBILITY.—A contractor receiving a
waiver under this section shall develop and implement a corrective
plan to ensure future compliance and demonstrate procurement
of the noncompliant item was neither willful nor knowing, as deter-
mined by the program manager described in subsection (a). With
respect to future deliveries of an end item for which a waiver
was granted under this section, the contractor shall use reasonably
expedient means to qualify an alternative compliant supplier, where
available, for noncompliant items contained in such end item.
(e) TERMINATION; APPLICABILITY.—The authority to issue an
interim national security waiver under this section shall expire
on January 1, 2028. A waiver issued before such date shall apply
with respect to any contract for procurement of an end item entered
into one or before such date.
(f) BRIEFINGS.—Not later than April 1, 2026, and April 1, 2027,
the Under Secretary of Defense for Acquisition and Sustainment
shall provide to the Committees on Armed Services of the Senate
and House of Representatives a briefing on waivers issued under
S. 1071—247
this section and corrective action plans of contractors to ensure
future compliance with existing authorities.
(g) NONCOMPLIANT ITEM DEFINED.—In this section, the term
‘‘noncompliant item’’ means an item covered by one or more of
the following provisions of law:
(1) Section 4863 of title 10, United States Code, relating
to a requirement to buy strategic materials critical to national
security from American sources.
(2) Section 4872 of title 10, United States Code, relating
to a prohibition on acquisition of sensitive materials from non-
allied foreign nations.
(3) Section 4873 of title 10, United States Code, relating
to additional requirements pertaining to printed circuit boards.
(4) Section 1211 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 4651
note prec.), relating to a prohibition on procurements from
Chinese military companies.
(5) Section 805 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note
prec.), relating to a prohibition on procurements related to
entities identified as Chinese military companies operating in
the United States.
(6) Section 154 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note
prec.), relating to a prohibition on availability of funds for
procurement of certain batteries.
(7) Section 244 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note
prec.), relating to a limitation on sourcing chemical materials
for munitions from certain countries.
SEC. 834. STRATEGY TO ELIMINATE ACQUISITION OF OPTICAL GLASS
FROM CERTAIN NATIONS.
(a) IN GENERAL.—The Secretary of Defense shall develop and
implement a strategy to eliminate the reliance of the Department
of Defense on any covered nation to acquire optical glass or optical
systems by January 1, 2030.
(b) STRATEGY REQUIREMENTS.—The strategy required by sub-
section (a) shall—
(1) identify the current requirements of the Department
of Defense for optical glass and optical systems and estimate
the projected requirements of the Department for optical glass
and optical systems through the year 2040;
(2) identify the sources of optical glass or optical systems
used to meet the requirements described in paragraph (1),
including any sources of optical glass or optical systems pro-
duced in a covered nation; and
(3) identify actions to be taken by the Secretary of Defense
to ensure the defense industrial base is able to meet the needs
of the Department for optical glass and optical systems.
(c) IMPLEMENTATION.—Not later than 270 days after the date
of enactment of this Act, the Secretary of Defense shall implement
the strategy required by subsection (a).
(d) BRIEFING AND REPORT.—
(1) BRIEFING.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the
S. 1071—248
strategy required by subsection (a), including an identification
of any changes to funding or policy required to fully implement
the strategy.
(2) INTERIM REPORT ON IMPLEMENTATION.—Not later than
March 15, 2027, the Secretary of Defense shall submit to the
congressional defense committees a report on the progress of
the implementation of the strategy required by subsection (a),
including an identification of any risk to the ability of the
Secretary to eliminate the reliance of the Department of
Defense on any covered nation to acquire optical glass or optical
systems by January 1, 2030.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered nation’’ means—
(A) the Democratic People’s Republic of North Korea;
(B) the People’s Republic of China;
(C) the Russian Federation;
(D) the Republic of Belarus; and
(E) the Islamic Republic of Iran.
(2) The term ‘‘optical glass’’ means glass used in optical
lenses, prisms, or mirrors.
(3) The term ‘‘optical system’’ means an arrangement of
optical components, including optical glass, that manipulates
light to produce a specific outcome.
SEC. 835. STRATEGY TO ELIMINATE SOURCING OF COMPUTER DIS-
PLAYS FROM CERTAIN NATIONS.
(a) IN GENERAL.—The Secretary of Defense shall develop and
implement a strategy to eliminate the reliance of the Department
of Defense on any covered nation for the acquisition of computer
displays by January 1, 2030.
(b) STRATEGY REQUIREMENTS.—The strategy required by sub-
section (a) shall—
(1) identify the current requirements of the Department
of Defense for computer displays and estimate the projected
requirements of the Department for computer displays through
the year 2040;
(2) identify the sources of computer displays used to meet
the current requirements of the Department described in para-
graph (1), including any sources of computer displays produced
in a covered nation; and
(3) identify actions to be taken by the Secretary of Defense
to ensure the defense industrial base is able to meet the needs
of the Department for computer displays without any reliance
on a covered nation not later January 1, 2030.
(c) IMPLEMENTATION.—Not later than 270 days after the date
of enactment of this Act, the Secretary of Defense shall begin
implementing the strategy required by subsection (a).
(d) BRIEFING AND REPORT.—
(1) BRIEFING.—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 briefing on the
strategy required by subsection (a), including an identification
of any changes to funding or policy required to eliminate the
reliance of the Department of Defense on any covered nation
to acquire computer displays by January 1, 2030.
(2) INTERIM REPORT ON IMPLEMENTATION.—Not later than
March 15, 2027, the Secretary of Defense shall submit to the
S. 1071—249
congressional defense committees a report on the progress of
the implementation of the strategy required by subsection (a),
including an identification of any risk to the ability of the
Secretary to eliminate the reliance of the Department of
Defense on any covered nation to acquire computer displays
by January 1, 2030.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered nation’’ has the meaning given such
term in section 4872(f) of title 10, United States Code.
(2) The term ‘‘computer display’’ means a device—
(A) that receives a digital output from a computer
and visually displays that output as an electronic image;
and
(B) is an end item (as defined in section 4863(m) of
title 10, United States Code).
SEC. 836. VOLUNTARY REGISTRATION OF COMPLIANCE WITH COV-
ERED SOURCING REQUIREMENTS FOR COVERED PROD-
UCTS.
(a) IN GENERAL.—Not later than January 1, 2027, the Secretary
of Defense shall establish and maintain a publicly available online
repository of information provided by an offeror related to the
compliance of a covered product with covered sourcing requirements.
(b) REGISTRATION AND ATTESTATION PROCESS.—In carrying out
subsection (a), the Secretary of Defense shall establish a process
under which an offeror may voluntarily submit to the Secretary
an attestation relating to the compliance of a covered product with
a covered sourcing requirement. Such attestation shall—
(1) require an offeror to acknowledge liability for making
a false attestation in accordance with section 3729 of title
31, United States Code; and
(2) enable an offeror to register a covered product with
the Secretary of Defense by providing—
(A) a unique product identifier sufficient to distinguish
the covered product to be registered from a similar covered
product;
(B) a national stock number (if available), a description
of the covered product, or other information related to
the form, fit, or function of the covered product; and
(C) an attestation, including relevant documentation,
of the compliance of a covered product with one or more
covered sourcing requirements.
(c) PROOF OF REGISTRATION.—The Secretary of Defense shall
issue to an offeror that registers a covered product in accordance
with the process established under subsection (b) a proof of registra-
tion associated with a unique product identifier of the covered
product.
(d) AVAILABILITY OF INFORMATION.—
(1) COMPLIANCE INFORMATION.—The Secretary of Defense
shall make available the information necessary to enable
offerors to assess the compliance of a covered product with
a covered sourcing requirement.
(2) RESOURCES.—The Secretary shall ensure that an
eligible entity has adequate resources to train offerors about
the requirements of this section and to assist an offeror with
the registration and attestation process established under sub-
section (b).
S. 1071—250
(e) ENCOURAGING REGISTRATION OF PRODUCTS.—The Secretary
of Defense shall establish policies and procedures to encourage
offerors to register covered products. These policies and procedures
shall ensure that—
(1) offerors are incentivized to disclose any noncompliance
with the requirements of this section, with the goal of
expanding the number of vendors with products qualified for
use by the Department of Defense;
(2) with respect to any disclosure made under paragraph
(1), that such offeror is provided with information and assist-
ance to determine the actions required to remedy such non-
compliance in order to meet the criteria to register the product
concerned; and
(3) an offeror making such a disclosure will receive a
referral to the appropriate programs or offices of the Depart-
ment of Defense that are responsible for strengthening the
defense industrial base, promoting domestic industry, and accel-
erating private investment in supply chain technologies that
are critical for national security.
(f) BRIEFINGS.—
(1) INITIAL BRIEFING.—Not later than May 1, 2026, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing
on—
(A) the process established under subsection (b) to
allow an offeror to voluntarily submit an attestation of
compliance of a covered product in the repository; and
(B) the progress made in establishing the repository
required by subsection (a).
(2) INTERIM BRIEFING.—
(A) IN
GENERAL.—Not later than May 1, 2027, the
Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and House of Representatives
an interim briefing on the establishment of the repository
required by subsection (a), the number and types of the
contractors seeking to register covered products in such
repository and volunteering to submit attestations for
compliance with sourcing requirements under the process
established under subsection (b).
(B) CONTENTS.—The briefing required by subparagraph
(A) shall include an assessment of the feasibility of using
the repository required by subsection (a) to also serve as
a common platform for information routinely required for
supplier onboarding, qualification, or due diligence review
by the Department of Defense or a prime contractor of
the Department, including—
(i) business registration, Data Universal Num-
bering System number, Commercial and Government
Entity code and federal tax identification number;
(ii) ownership and corporate structure, including
any parent company or subsidiaries;
(iii) country of ownership;
(iv) small business size classification and North
American Industry Classification System code, if
applicable; and
S. 1071—251
(v) compliance certifications, including certifi-
cations for cybersecurity, trade and export controls,
anti-corruption policy, and traceability practices.
(3) FINAL
BRIEFING.—Not later than April 1, 2029, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives a final
briefing on the success of the repository required under sub-
section (a) and the process established under subsection (b),
including participation statistics and whether or not the Sec-
retary will continue to maintain the repository.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘covered product’’ means a good offered for
purchase to the Secretary of Defense or as an item of supply
for a contractor performing on a contract with the Department
of Defense—
(A) by—
(i) a small business concern (as defined under sec-
tion 3 of the Small Business Act (15 U.S.C. 632));
or
(ii) a manufacturer of critical readiness items of
supply (as defined in section 1733 of title 10, United
States Code); and
(B) that is subject to a covered sourcing requirement.
(2) The term ‘‘covered sourcing requirement’’ means a
requirement under any of the following:
(A) Section 4863 of title 10, United States Code.
(B) Section 4862 of title 10, United States Code.
(C) Section 4864 of title 10, United States Code.
(D) Chapter 83 of title 41, United States Code.
(3) The term ‘‘eligible entity’’ means an eligible entity car-
rying out activities pursuant to a procurement technical assist-
ance program funded under chapter 388 of title 10, United
States Code.
(4) The term ‘‘item of supply’’ has the meaning given such
term in section 108 of title 41, United States Code.
SEC.
837.
ACCELERATION
OF
QUALIFICATION
OF
COMPLIANT
SOURCES.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act—
(A) the Secretary of Defense shall establish in the
collaborative forum described in section 1844(a) of this
Act a working group; and
(B) such working group shall develop recommendations
for—
(i) enhancing the exchange of information between
the Department of Defense and contractors of the
defense industrial base about compliant materials; and
(ii) accelerating the qualification of such materials
for use by the Department of Defense and the integra-
tion of such materials into the supply chains of contrac-
tors of the Department of Defense.
(2) RESPONSIBILITIES.—The working group established
under paragraph (1) shall—
(A) identify processes for exchanging information about
compliant materials between the Department of Defense
S. 1071—252
and contractors of the defense industrial base while
maintaining appropriate safeguards of commercially propri-
etary information;
(B) identify processes and procedures to streamline
the identification, testing, and qualification of compliant
sources and compliant materials;
(C) seek to reduce the unnecessary application of
requirements that are specific to a single Armed Force
for identification, testing, and qualification of compliant
sources and compliant material;
(D) provide a forum for the Army, Navy, Air Force,
Marine Corps, and Space Force and other elements of
the Department of Defense to share technical and supply
chain data related to requirements for covered materials;
(E) identify compliant sources at each step of the
supply chain, to the extent that such supply chains are
subject to subchapter III of chapter 385 of title 10, United
States Code;
(F) at least once a quarter, publish for the members
of the working group and for the Under Secretary of
Defense for Acquisition and Sustainment, a list of compli-
ant sources for each critical material, including a general
description of what step of the supply chain in which each
compliant source is participating, if any;
(G) develop and recommend processes to enable the
Department of Defense to rapidly identify, qualify, and
integrate compliant materials into programs of the Depart-
ment at scale;
(H) seek to reduce future requirements for critical
materials in defense systems by encouraging contractors
of the Department of Defense to design and develop systems
that use commercially available critical materials, when
such materials are capable of meeting mission needs;
(I) seek input from small and nontraditional contrac-
tors and ensure the working group considers the unique
attributes of such businesses in carrying out the respon-
sibilities of the working group under this subsection;
(J) develop and provide recommendations to reduce
impediments or disincentives for a supplier of an end item
to the Department of Defense to revise a supply chain
agreement or other arrangement to eliminate the reliance
of the supplier on noncompliant sources;
(K) any other matters assigned to the working group
by the Secretary; and
(L) provide the Secretary with timely recommendations
developed pursuant to this section.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘compliant source’’ means an entity engaged
in the production, manufacture, or distribution of a critical
material that is compliant with the requirements of subchapter
III of chapter 385 of title 10, United States Code.
(2) The term ‘‘compliant material’’ means critical material
that is sourced from a compliant source.
(3) The term ‘‘critical material’’ means a material subject
to sourcing restrictions under subchapter III of chapter 385
of title 10, United States Code.
S. 1071—253
(4) The term ‘‘end item’’ has the meaning given such term
in section 4863 of title 10, United States Code.
SEC. 838. ASSESSMENT OF CRITICAL INFRASTRUCTURE OWNED BY
THE DEPARTMENT OF DEFENSE DEPENDENT ON FOREIGN
MATERIALS OR COMPONENTS.
(a) LIST OF CERTAIN CRITICAL INFRASTRUCTURE.—Not later than
January 1, 2027, the Secretary of Defense shall—
(1) list all critical infrastructure that relies on materials
or components the origin of which is a foreign entity of concern;
and
(2) acting through the Assistant Secretary of Defense for
Industrial Base Policy, conduct a risk assessment of the mate-
rials or components included in the list under paragraph (1).
(b) COORDINATION.—In conducting the risk assessment under
subsection (a)(2), the Assistant Secretary of Defense for Industrial
Base Policy coordinate with the head of the Mission Assurance
Office of the Office of the Under Secretary of Defense for Policy.
(c) RESOURCES.—The Secretary of Defense shall ensure suffi-
cient time and resources are provided for the hiring and training
of personnel to conduct the risk assessment required subsection
(a)(2) analysis before the submission of the first briefing required
under subsection (e).
(d) RISK ASSESSMENT.—The risk assessment required by sub-
section (a) shall include—
(1) an evaluation of the dependence of high-risk critical
infrastructure on materials or components the origin of which
is a foreign entity of concern;
(2) an evaluation of vulnerability to supply chain disruption
during a national emergency to high-risk critical infrastructure,
including industrial control systems;
(3) an assessment of the resilience and capacity of high-
risk critical infrastructure to support mission-critical operations
and readiness during a national emergency;
(4) an identification of the location of design, manufac-
turing, and packaging facilities for materials or components
described in subsection (a)(2); and
(5) an assessment of the manufacturing capacity of the
United States to replace materials or components described
in subsection (a)(2), including—
(A) gaps in domestic manufacturing capabilities,
including nonexistent, extinct, threatened, and single point-
of-failure capabilities;
(B) supply chains with single points of failure and
limited resiliency; and
(C) economic factors, including global competition, that
threaten the viability of domestic manufacturers.
(e) FOCUSED ANALYSIS.—The Secretary may initially limit risk
assessment required by subsection (a) to a subset of the most
critical assets identified by the head of the Mission Assurance
Office, such as those assets determined to be essential to a contin-
gency in the Indo-Pacific area of responsibility, to ensure a focused
analysis.
(f) BRIEFING REQUIRED.—Not later than 180 days after date
of completion of the risk assessment required by subsection (a),
and annually thereafter until the date that is five years after
the date of the enactment of this Act, the Secretary of Defense
S. 1071—254
shall provide to the congressional defense committees a classified
briefing that includes—
(1) findings on the traceability and provenance of materials
or components described in subsection (a)(2);
(2) strategies to strengthen the resilience and readiness
of critical infrastructure; and
(3) recommendations for critical infrastructure supply chain
resilience and manufacturing activities, including—
(A) modifications to procurement policies to reduce reli-
ance on high-risk supply chains; and
(B) other matters the Secretary determines appro-
priate, including success stories or case studies of Depart-
mental actions to mitigate foreign entity of concern-related
risks.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘critical infrastructure’’ means any system
or asset owned by the Department of Defense so vital to the
United States that the degradation or destruction of such
system or asset would have a debilitating impact on national
security, including economic security and public health or
safety.
(2) The term ‘‘foreign entity of concern’’ means—
(A) the People’s Republic of China;
(B) the Democratic People’s Republic of Korea;
(C) the Russian Federation;
(D) the Islamic Republic of Iran; and
(E) any other entity determined by the Secretary of
Defense to present material risk to the national security
interests of the United States.
Subtitle E—Prohibitions and Limitations
on Procurement
SEC. 841. REQUIREMENTS RELATING TO LONG-TERM CONCESSIONS
AGREEMENTS WITH CERTAIN RETAILERS.
(a) ASSESSMENT OF ESTABLISHED AGREEMENTS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this section, the Secretary of Defense shall
review each long-term concessions agreement to identify any
such agreements with a retailer that is controlled by a covered
nation that permit such retailer to operate or conduct business
through a physical location on a covered military installation.
(2) TERMINATION OF CERTAIN CONCESSIONS AGREEMENTS.—
(A) IN GENERAL.—Not later than 30 days after making
the determinations described in subparagraph (B) with
respect to a long-term concessions agreement with a
retailer, the Secretary of Defense shall terminate such
long-term concessions agreement unless the Secretary
waives this paragraph with respect to such retailer in
accordance with section 4664(b) of title 10, United States
Code, as added by this section.
(B) DETERMINATIONS DESCRIBED.—The determinations
described in this subparagraph are, with respect to a long-
term concessions agreement—
(i) a determination that the retailer that is a party
to such long-term concessions agreement is controlled
S. 1071—255
by a covered nation based on an assessment required
by paragraph (1); and
(ii) a determination that an exception under sec-
tion 4664(c) of title 10, United States Code, as added
by this section, would not apply with respect to such
long-term concessions agreement with such retailer if
such retailer entered into such long-term concessions
agreement on or after the date of the enactment of
this section.
(3) BRIEFING.—Upon completing the review required by
paragraph (1), the Secretary of Defense shall provide the
Committees on Armed Services of the House of Representatives
and Senate a briefing on the findings of such review and
a summary of the actions taken to implement the requirements
of section 4664 of title 10, United States Code, as added by
this section.
(4) CONTROLLED BY A COVERED NATION; COVERED MILITARY
INSTALLATION; LONG-TERM CONCESSIONS AGREEMENT; RETAILER
DEFINED.—The terms ‘‘controlled by a covered nation’’, ‘‘covered
military installation’’, ‘‘long-term concessions agreement’’, and
‘‘retailer’’ have the meanings given such terms, respectively,
in section 4664 of title 10, United States Code, as added by
this section.
(b) IN GENERAL.—Chapter 363 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 4664. Requirements relating to long-term concessions
agreements with certain retailers
‘‘(a) PROHIBITION ON CONTRACTING WITH CERTAIN RETAILERS.—
Except as provided by subsections (b) and (c), the Secretary of
Defense may not renew, extend, or enter into a long-term conces-
sions agreement with a retailer that is controlled by a covered
nation to permit such retailer to operate or conduct business
through a physical location on a covered military installation.
‘‘(b) WAIVER.—(1) The Secretary may waive the requirements
of subsection (a) with respect to a long-term concessions agreement
with a retailer if the Secretary determines that—
‘‘(A) the goods or services to be provided by the retailer
under such long-term concessions agreement are vital for the
welfare and morale of members of the Armed Forces and no
reasonable alternatives exist; and
‘‘(B) the Secretary has implemented adequate measures
to mitigate any potential national security risks of the retailer.
‘‘(2) Not later than 30 days after each use of the waiver
authority under paragraph (1), the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and Senate a justification for such waiver and a description of
any risk mitigation strategies described in paragraph (1)(B).
‘‘(c) EXCEPTIONS.—Subsection (a) does not apply with respect
to a long-term concessions agreement with a retailer if—
‘‘(1) such retailer has received a determination from the
Committee on Foreign Investment in the United States (in
this section referred to as the ‘Committee’) that there are
no unresolved national security concerns with respect to the
retailer in connection to a matter submitted to the Committee
and which the Committee concluded all action pursuant to
S. 1071—256
section 721 of the Defense Production Act of 1950 (50 U.S.C.
4565); or
‘‘(2) such retailer is organized under the laws of the United
States or any jurisdiction of the United States and is operated
by citizens of the United States and the products offered for
sale by such retailer on the covered military installation under
such long-term concessions agreement are not produced in a
covered nation.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘controlled by a covered nation’ means, with
respect to a retailer—
‘‘(A) that the retailer is organized under the laws of
a covered nation or any jurisdiction within a covered nation;
‘‘(B) that the government of a covered nation—
‘‘(i) owns 50 percent or more of the shares of the
retailer; or
‘‘(ii) otherwise owns the controlling interest in such
retailer; or
‘‘(C) that the retailer is subject to the direct control
of the government of a covered nation.
‘‘(2) The term ‘covered military installation’ means a mili-
tary installation (as defined in section 2801 of this title) located
in the United States.
‘‘(3) The term ‘covered nation’ has the meaning given in
section 4872 of this title.
‘‘(4) The term ‘long-term concessions agreement’ means a
contract, subcontract, or other agreement, including a lease
agreement or licensing agreement, to operate a business
through a physical location on a covered military installation
entered into by—
‘‘(A) the Secretary of Defense or a Secretary of a mili-
tary department and a person; or
‘‘(B) a person and a nonappropriated fund instrumen-
tality.
‘‘(5) The term ‘retailer’ means a person that operates or
seeks to operate a business providing goods or services on
a covered military installation under a contract, subcontract,
or other agreement, including a lease agreement or licensing
agreement, with—
‘‘(A) a nonappropriated fund instrumentality;
‘‘(B) the Secretary of Defense; or
‘‘(C) a Secretary of a military department.’’.
SEC. 842. PROHIBITION ON ACQUISITION OF ADVANCED BATTERIES
FROM CERTAIN FOREIGN SOURCES.
(a) IN GENERAL.—Subchapter II of chapter 385 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 4865. Prohibition on acquisition of advanced batteries
composed of materials from certain foreign sources
‘‘(a) IN GENERAL.—The Secretary of Defense shall procure
advanced batteries and cells whose functional cell components and
technology, whether as end items or embedded within warfighting
and support systems, are not owned, sourced, refined, or produced
from a foreign entity of concern.
S. 1071—257
‘‘(b) APPLICABILITY.—This section applies to all new acquisition
programs on January 1, 2028, standard batteries on January 1,
2029, and for existing acquisition programs on January 30, 2031.
‘‘(c) EXCEPTIONS.—
‘‘(1) SOURCING AND PRODUCTION COMPLIANCE.—
‘‘(A) IN GENERAL.—Subsection (a) does not apply to
an advanced battery or cell of an advanced battery if—
‘‘(i) the final assembly of such advanced battery
or cell is carried out by an entity other than a foreign
entity of concern;
‘‘(ii) functional cell components comprising more
than 95 percent of the costs of the functional cell
components of such advanced battery or cell are from
sources other than foreign entities of concern; and
‘‘(iii) such advanced battery or cell is produced
without technology licensed from a foreign entity of
concern.
‘‘(B) RECYCLED SOURCE DETERMINATION.—For the pur-
poses of subparagraph (A)(ii), any material or component
from an entity that has been recycled and reprocessed
domestically is considered to originate from that entity
regardless of origin.
‘‘(2) EXCLUDED BATTERIES.—Subsection (a) does not apply
to a battery or cell of a battery that is—
‘‘(A) acquired for use in a cell phone, laptop, personal
electronic device, or medical equipment intended for use
in an office, administrative, hospital, or non-combat
environment;
‘‘(B) commercially available off-the-shelf item for use
only in the maintenance of equipment; or
‘‘(C) acquired for research, development, testing, and
evaluation by the Department of Defense.
‘‘(3) WAIVER.—
‘‘(A) IN GENERAL.—The Secretary of Defense may waive
the limitations specified in subsection (a) for a specific
system or battery for one year if—
‘‘(i) the Secretary determines that a satisfactory
quality and sufficient quantity such advanced battery
or cell that are not subject to such prohibition cannot
be acquired as and when needed by the Department
of Defense at reasonable costs; or
‘‘(ii) in the case of an advanced battery or cell
that is a component of a warfighting or support system,
sufficient documentation exists to show that such
advanced battery or cell is not a functional enabler
of operational capability for such system and such
advanced battery or cell poses no risk to the security
of or sourcing for such system.
‘‘(B) DELEGATION.—The Secretary of Defense may dele-
gate the authority under subparagraph (A) only to the
Under
Secretary
of
Defense
for
Acquisition
and
Sustainment.
‘‘(d) REPORT.—Not later than December 1, 2028, and not less
frequently than once every three years thereafter until the date
that is twelve years after the date of the enactment of this Act,
the Secretary of Defense shall provide to the congressional defense
S. 1071—258
committees a briefing on the status of meeting the requirements
under subsection (a).
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘new acquisition program’ means a defense
acquisition program that has not reached the initiation of the
engineering and manufacturing development phase, or an
equivalent phase of development, including a defense acquisi-
tion program that has not undergone a formal Milestone B
approval or equivalent decision point, before the date of the
enactment of this Act.
‘‘(2) The term ‘existing acquisition program’ means a
defense acquisition program that has reached the initiation
of the engineering and manufacturing development phase, or
an equivalent phase of development, including a defense
acquisition program that has undergone a formal Milestone
B approval or equivalent decision point, before the date of
the enactment of this Act.
‘‘(3) The term ‘functional cell component’ means the cathode
materials, anode materials, separators, anode foils, and other
functional materials of an advanced battery that contribute
to the chemical processes necessary for energy storage,
including solvents, additives, electrolyte salts, and internal
safety devices.
‘‘(4) The ‘foreign entity of concern’ has the meaning given
such term under section 40207(a) of the Infrastructure Invest-
ment and Jobs Act (42 U.S.C. 18741(a)), and includes entities
specified in section 154 of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651
note prec.).
‘‘(5) The term ‘standard battery’ means a battery that used
in more than one weapons system and are not managed by
one portfolio acquisition executive.’’.
(b) APPLICABILITY.—Section 4865 of title 10, United States
Code, as added by subsection (a), shall apply only with respect
to contracts or other agreements entered into after the date of
the enactment of this Act.
(c) IMPLEMENTATION.—Not later than 180 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 incorporate the requirements of this section 4865
of title 10, United States Code, as added by subsection (a).
SEC. 843. APPLICATION OF NATIONAL SECURITY WAIVER FOR STRA-
TEGIC MATERIALS SOURCING REQUIREMENT TO SEN-
SITIVE MATERIALS.
Section 4872 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘subsection (c) or subsection (e)’’ and
inserting ‘‘subsections (c) and (e)’’; and
(B) in paragraph (1), by striking ‘‘subsection (c)’’ and
inserting ‘‘subsections (c) and (e)’’; and
(2) in subsection (e)—
(A) in paragraph (1), by striking ‘‘of the Secretary’’;
and
(B) by adding at the end the following new paragraph:
‘‘(3) APPLICATION OF NATIONAL SECURITY WAIVER FOR STRA-
TEGIC MATERIALS.—If the Secretary of Defense or the authorized
S. 1071—259
delegate has made a determination under subsection (k) of
section 4863 of this title for a national security waiver of
the restrictions under subsection (a) of that section for a specific
end item, the Secretary or authorized delegate may apply that
waiver to the restrictions under subsection (a) of this section
for the same covered material or end item.’’.
SEC.
844.
PROHIBITION
OF
PROCUREMENT
OF
MOLYBDENUM,
GALLIUM, OR GERMANIUM FROM NON-ALLIED FOREIGN
NATIONS AND AUTHORIZATION FOR PRODUCTION FROM
RECOVERED MATERIAL.
(a) AMENDMENTS RELATED TO MOLYBDENUM.—
(1) DEFINITION OF COVERED MATERIAL.—Section 4872(f)(1)
of title 10, United States Code, is amended—
(A) in subparagraph (D), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (E), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(F) molybdenum.’’.
(2) EXCEPTIONS TO PROHIBITION.—Section 4872(c)(3) of title
10, United States Code, is amended—
(A) in subparagraph (B), by striking ‘‘; or’’ and inserting
a semicolon;
(B) in subparagraph (C)—
(i) by inserting ‘‘or samarium-cobalt magnet’’ after
‘‘neodymium-iron-boron magnet’’; and
(ii) by striking the period at the end and inserting
‘‘; or’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(D) tantalum, tungsten, or molybdenum produced from
recycled material if the contractor demonstrates to the
Secretary that the recycled material was produced outside
of a covered nation and the melting of the recycled material
and any further processing and manufacturing of the
recycled material takes place in the United States or in
the country of a qualifying foreign government, as defined
in section 4863(m)(11) of this title.’’.
(b) AMENDMENTS RELATED TO GALLIUM AND GERMAINUM.—
(1) DEFINITION OF COVERED MATERIAL.—Section 4872(f)(1)
of title 10, United States Code, as amended by subsection
(a)(1), is further amended—
(A) in subparagraph (E), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (F), as added by subsection (a),
by striking the period at the end and inserting a semicolon;
and
(C) by adding at the end the following new subpara-
graphs:
‘‘(G) germanium; and
‘‘(H) gallium.’’.
(2) EXCEPTIONS TO PROHIBITION.—Section 4872(c)(3)(D) of
title 10, United States Code, as added by subsection (a)(2),
is amended by striking ‘‘or molybdenum’’ and inserting ‘‘molyb-
denum, gallium, or germanium’’.
S. 1071—260
(3) EFFECTIVE
DATE.—The amendments made by para-
graphs (1) and (2) shall take effect on the date that is two
years after the date of the enactment of this Act.
SEC. 845. MODIFICATIONS TO CERTAIN PROCUREMENTS FROM CER-
TAIN CHINESE ENTITIES.
Section 805 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.) is
amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A), by striking ‘‘or’’ at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(C) provide a grant, loan, or loan guarantee to an
entity described in paragraph (2).’’; and
(2) in subsection (b), by striking ‘‘prohibition under sub-
section (a)(1)(B)’’ and inserting ‘‘prohibitions under subpara-
graphs (B) and (C) of subsection (a)(1)’’.
SEC. 846. MODIFICATIONS TO PROHIBITION ON CONTRACTING WITH
PERSONS THAT HAVE FOSSIL FUEL OPERATIONS WITH
THE GOVERNMENT OF THE RUSSIAN FEDERATION OR THE
RUSSIAN ENERGY SECTOR.
Section 804 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.) is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘with any person that is or that
has fossil fuel business operations with a person’’ and
inserting ‘‘with any entity or individual that is or that
knowingly has fossil fuel business operations with an
entity or individual’’;
(ii) by striking ‘‘not less than 50 percent’’ and
inserting ‘‘majority’’; and
(iii) in subparagraph (B), by striking ‘‘operates’’
and inserting ‘‘has fossil fuel business operations’’; and
(B) in paragraph (2), by striking the ‘‘person’’ and
inserting ‘‘entity or individual’’;
(2) in subsection (b)(3)—
(A) by striking ‘‘a person’’ and inserting ‘‘an entity
or individual’’; and
(B) by inserting ‘‘, including by general license,’’ after
‘‘Department of the Treasury’’; and
(3) in subsection (e)—
(A) in paragraph (2)(B)—
(i) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(ii) by inserting after clause (i) the following new
clause:
‘‘(ii) activities related to fulfilling contracts with
a fossil fuel company that has fossil fuel business oper-
ations in the Russian Federation that were entered
into prior to the date of the enactment of this section,
provided that such contracts are not—
S. 1071—261
‘‘(I) extended beyond the established period
of performance for such contract, including through
the execution of any available option, task order,
or modification; or
‘‘(II) renewed;’’;
(B) in paragraph (3), by striking ‘‘a person’’ and
inserting ‘‘an entity or individual’’; and
(C) in paragraph (4)—
(i) in the heading, by striking ‘‘PERSON’’ and
inserting ‘‘ENTITY OR INDIVIDUAL’’; and
(ii) by striking ‘‘The term ‘person’ ’’ and inserting
‘‘The term ‘entity or individual’ ’’.
SEC. 847. PROHIBITING THE PURCHASE OF PHOTOVOLTAIC MODULES
OR INVERTERS FROM FOREIGN ENTITIES OF CONCERN.
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for the Department of Defense may be used to enter into
a contract for the procurement of photovoltaic cells, modules, or
inverters manufactured by a foreign entity of concern (as defined
by section 9901(8) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8)).
(b) WAIVER AUTHORITY.—The Secretary of Defense may waive
subsection (a) if the Secretary—
(1) determines that there is no alternative source of photo-
voltaic cells, modules, or inverters other than from a foreign
entity of concern;
(2) determines there is no national security risk posed
by the use of photovoltaic cells, modules, or inverters manufac-
tured by a foreign entity of concern; and
(3) submits a certification of such determination in writing
to the congressional defense committees not later than 30 days
before entering into a contract described under such subsection.
(c) LIMITATION.—
(1) IN GENERAL.—Subsection (a) shall apply only to con-
tracts regarding the direct procurement by the Department
of Defense of photovoltaic modules or inverters and shall not
apply to contracts involving any third party financing arrange-
ments, including energy savings contracts and those involving
privatized military housing or assets that enhance combat capa-
bility.
(2) DELAYED EFFECTIVE DATE FOR ASSETS THAT ENHANCE
COMBAT CAPABILITY.—The prohibition under subsection (a) shall
not apply to assets that enhance combat capability for a period
of one year following the date of the enactment of this Act,
in order for the Department of Defense to determine alternate
supply chains for such assets.
(d) EXEMPTION
FOR
CERTAIN
ACTIVITIES.—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.
SEC. 848. CLARIFICATION OF PROCUREMENT PROHIBITION RELATED
TO ACQUISITION OF MATERIALS MINED, REFINED, AND
SEPARATED IN CERTAIN COUNTRIES.
Section 844(a) of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116–283) is amended—
S. 1071—262
(1) by striking ‘‘Section 2533c’’ and inserting ‘‘Section 4872’’;
and
(2) by amending paragraph (1) to read as follows:
‘‘(1) in subsection (a)—
‘‘(A) in paragraph (1), by striking ‘; or’ and inserting
a semicolon;
‘‘(B) in paragraph (2)(B), by striking the period at
the end and inserting ‘; or’; and
‘‘(C) by adding at the end the following new paragraph:
‘‘ ‘(3) enter into a contract for any covered material mined,
refined, or separated in any covered nation.’; and’’.
SEC. 849. PROHIBITION ON PROCUREMENT RELATED TO CERTAIN
ADDITIVE MANUFACTURING MACHINES.
(a) PROHIBITION ON AGENCY PROCUREMENT.—Beginning on the
date that is one year after the date of the enactment of this
Act, the Secretary of Defense may not enter into a contract for
the procurement of a covered additive manufacturing machine.
(b) EXCEPTION.—The prohibition under subsection (a) does not
apply to the procurement of additive manufacturing systems or
machines for the purposes of intelligence, electronic warfare, or
information warfare operations, testing, analysis, or training.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘additive manufacturing machine’’ means a
system of integrated hardware and software used to carry out
an additive manufacturing process, including the deposition
of material and the associated post-processing steps as
applicable.
(2) The term ‘‘covered additive manufacturing company’’
means any of the following:
(A) Any entity that produces or provides additive
manufacturing machines and 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).
(B) Any entity that produces or provides additive
manufacturing machines and—
(i) is domiciled in a covered nation; or
(ii) is subject to unmitigated foreign ownership,
control, or influence by a covered nation, 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 additive manufacturing machine’’
means an additive manufacturing machine manufactured by
a covered additive manufacturing company, and any related
service or equipment provided or manufactured, respectively,
by such covered additive manufacturing company.
(4) The term ‘‘covered nation’’ has the meaning given such
term in section 4872 of title 10, United States Code.
S. 1071—263
SEC. 850. PHASE-OUT OF COMPUTER AND PRINTER ACQUISITIONS
INVOLVING ENTITIES OWNED OR CONTROLLED BY CHINA.
(a) IN GENERAL.—In accordance with the phased implementa-
tion in subsection (d) and except as provided by subsection (e),
the Secretary of Defense may not acquire any computer or printer
if the manufacturer, bidder, or offeror is a covered Chinese entity.
(b) PROHIBITION ON INDIRECT SALES.—The Secretary of Defense
shall ensure that the prohibition under subsection (a) applies to
indirect sales of computers and printers through subsidiaries of
a covered Chinese entity.
(c) APPLICABILITY.—This section shall apply only with respect
to contracts and other agreements entered into, renewed, or
extended after the date of the enactment of this Act.
(d) PHASED IMPLEMENTATION.—The Secretary may implement
the prohibition in subsection (a) with respect to the acquisition
of a computer or printer to the extent that—
(1) in fiscal year 2026, not less than 10 percent of the
total number of computers acquired by the Department of
Defense and not less than 10 percent of the total number
printers acquired by the Department comply with such prohibi-
tion;
(2) in fiscal year 2027, not less than 25 percent of the
total number of computers acquired by the Department and
not less than 25 percent of the total number printers acquired
by the Department comply with such prohibition;
(3) in fiscal year 2028, not less than 50 percent of the
total number of computers acquired by the Department and
not less than 50 percent of the total number printers acquired
by the Department comply with such prohibition; and
(4) in fiscal year 2029 and each fiscal year thereafter,
not less than 100 percent of the total number of computers
acquired by the Department and not less than 100 percent
of the printers acquired by the Department comply with such
prohibition.
(e) EXCEPTION.—Notwithstanding subsections (a) and (b), the
Secretary of Defense may acquire a computer or printer described
in subsection (a) to conduct testing, evaluation, exfiltration, or
reverse engineering missions on products or capabilities of adver-
saries of the United States if such computer or printer is not
for operational use.
(f) DEFINITIONS.—In this section:
(1) COMPUTER.—The term ‘‘computer’’—
(A) means—
(i) an end user electronic, magnetic, optical,
electrochemical, or other high speed data processing
device performing logical, arithmetic, or storage func-
tions, such as laptops, desktops, and any physical com-
puting equipment; and
(ii) includes any data storage facility or commu-
nications facility directly related to or operating in
conjunction with such device; and
(B) does not include—
(i) an automated typewriter or typesetter, a port-
able handheld calculator, or other similar device; or
(ii) cloud-based services, including virtual desktops
and cellular telephones.
S. 1071—264
(2) COVERED CHINESE ENTITY.—The term ‘‘covered Chinese
entity’’ means—
(A) an entity or a parent company of an entity that
is—
(i) identified by the Secretary of Defense under
section 1260H(a) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021 (10 U.S.C. 113 note) as a Chinese military com-
pany;
(ii) included in the Non-SDN Chinese Military-
Industrial Complex Companies List published by the
Department of the Treasury; or
(iii) both—
(I) included on—
(aa) the Entity List set forth in Supple-
ment No. 4 to part 744 of the Export Adminis-
tration Regulations;
(bb) the Denied Persons List as described
in section 764.3(a)(2) of the Export Adminis-
tration Regulations; or
(cc) the Military End User List set forth
in Supplement No. 7 to part 744 of the Export
Administration Regulations; and
(II) is either—
(aa) an agency or instrumentality of the
People’s Republic of China;
(bb) an entity headquartered in the Peo-
ple’s Republic of China; or
(cc) directly or indirectly owned or con-
trolled by an agency, instrumentality, or entity
described in subparagraph (i) or (ii); or
(B) an entity that the Secretary of Defense, in consulta-
tion with the Director of the National Intelligence or the
Director of the Federal Bureau of Investigation, determines
to be an entity owned, controlled, directed, or subcontracted
by, affiliated with, or otherwise connected to, the Govern-
ment of the People’s Republic of China.
(3) PRINTER.—The term ‘‘printer’’—
(A) means desktop printers, multifunction printer
copiers, and printer/fax combinations taken out of service
that may or may not be designed to reside on a work
surface, and include various print technologies, including
laser and light-emitting diode (electrographic), ink jet, dot
matrix, thermal, and digital sublimation, and ‘‘multi-func-
tion’’ or ‘‘all-in-one’’ devices that perform different tasks,
including copying, scanning, faxing, and printing;
(B) includes floor-standing printers, printers with
optional floor stand, or household printers; and
(C) does not include point of sale receipt printers,
calculators with printing capabilities, label makers, or non-
standalone printers that are embedded into products not
described in subparagraph (A) or (B).
SEC. 851. PROHIBITION ON CONTRACTING WITH CERTAIN BIO-
TECHNOLOGY PROVIDERS.
(a) IN GENERAL.—The head of an executive agency may not—
S. 1071—265
(1) procure or obtain any biotechnology equipment or
service produced or provided by a biotechnology company of
concern; or
(2) enter into a contract, or extend or renew a contract,
with any entity that—
(A) uses biotechnology equipment or services produced
or provided by a biotechnology company of concern and
acquired after the applicable effective date in subsection
(c) in performance of the contract with the executive agency;
or
(B) enters into any contract the performance of which
such entity knows will require, in performance of the con-
tract with the executive agency, the use of biotechnology
equipment or services produced or provided by a bio-
technology company of concern and acquired after the
applicable effective date in subsection (c).
(b) PROHIBITION ON LOAN AND GRANT FUNDS.—The head of
an executive agency may not obligate or expend loan or grant
funds to, and a loan or grant recipient may not use loan or grant
funds to—
(1) procure, obtain, or use any biotechnology equipment
or services produced or provided by a biotechnology company
of concern; or
(2) enter into a contract, or extend or renew a contract,
with an entity described in subsection (a)(2).
(c) EFFECTIVE DATES.—
(1) CERTAIN ENTITIES.—With respect to the biotechnology
companies of concern covered by subsection (f)(2)(A), the
prohibitions under subsections (a) and (b) shall take effect
60 days after the Federal Acquisition Regulation is revised
pursuant to subsection (h).
(2) OTHER
ENTITIES.—With respect to the biotechnology
companies of concern covered by subparagraph (B) or (C) of
subsection (f)(2), the prohibitions under subsections (a) and
(b) shall take effect 90 days after the Federal Acquisition Regu-
lation is revised pursuant to subsection (h).
(3) RULES OF CONSTRUCTION.—
(A) EXCLUSIONS.—Prior to the date that is five years
after a revision to the Federal Acquisition Regulation
pursuant to subsection (h) that identifies a biotechnology
company of concern covered by subsection (f)(2), subsections
(a)(2) and (b)(2) shall not apply to biotechnology equipment
or services produced or provided under a contract or agree-
ment, including previously negotiated contract options,
entered into before the applicable effective date under para-
graphs (1) and (2).
(B) SAFE HARBOR.—The term ‘‘biotechnology equipment
or services produced or provided by a biotechnology com-
pany of concern’’ shall not be construed to refer to any
biotechnology equipment or services that were formerly,
but are no longer, produced or provided by biotechnology
companies of concern.
(d) WAIVER AUTHORITIES.—
(1) SPECIFIC BIOTECHNOLOGY EXCEPTION.—
(A) WAIVER.—The head of the applicable executive
agency may waive the prohibition under subsections (a)
and (b) on a case-by-case basis—
S. 1071—266
(i) with the approval of the Director of the Office
of Management and Budget; and
(ii) if such head submits a notification and jus-
tification to the appropriate congressional committees
not later than 30 days after granting such waiver.
(B) DURATION.—
(i) IN GENERAL.—Except as provided in clause (ii),
a waiver granted under subparagraph (A) shall last
for a period of not more than 365 days.
(ii) EXTENSION.—The head of the applicable execu-
tive agency, with the approval of the Director of the
Office of Management and Budget, and in coordination
with the Secretary of Defense, may extend a waiver
granted under subparagraph (A) one time, for a period
up to 180 days after the date on which the waiver
would otherwise expire, if such an extension is in the
national security interests of the United States and
if such head submits a notification and justification
to the appropriate congressional committees not later
than 10 days after granting such waiver extension.
(2) OVERSEAS
HEALTH
CARE
SERVICES.—The head of an
executive agency may waive the prohibitions under subsections
(a) and (b) with respect to a contract, subcontract, or transaction
for the acquisition or provision of health care services overseas
on a case-by-case basis—
(A) if the head of such executive agency determines
that the waiver is—
(i) necessary to support the mission or activities
of the employees of such executive agency described
in subsection (e)(2)(A); and
(ii) in the interest of the United States;
(B) with the approval of the Director of the Office
of Management and Budget, in consultation with the Sec-
retary of Defense; and
(C) if such head submits a notification and justification
to the appropriate congressional committees not later than
30 days after granting such waiver.
(e) EXCEPTIONS.—The prohibitions under subsections (a) and
(b) shall not apply to—
(1) any activity 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;
(2) the acquisition or provision of health care services over-
seas for—
(A)(i) employees of the United States, including mem-
bers of the uniformed services (as defined in section 101(a)
of title 10, United States Code), and dependents of such
employees;
(ii) covered beneficiaries (as defined in section 1072
of title 10, United States Code) not otherwise described
in clause (i); or
(iii) any other beneficiary if such acquisition or provi-
sion is carried out or administered by the head of a depart-
ment or agency of the Federal Government; or
(B) employees of contractors or subcontractors of the
United States—
S. 1071—267
(i) who are performing under a contract that
directly supports the missions or activities of individ-
uals described in subparagraph (A)(i); and
(ii) whose primary duty stations are located over-
seas or are on permissive temporary duty travel over-
seas;
(3) the acquisition, use, or distribution of human multiomic
data, lawfully compiled, that is commercially or publicly avail-
able; or
(4) the procurement of medical countermeasures, medical
products, and related supplies, including ancillary medical sup-
plies, in direct response to a public health emergency declared
pursuant to section 319 of the Public Health Service Act (42
U.S.C. 247d).
(f) EVALUATION OF CERTAIN BIOTECHNOLOGY ENTITIES.—
(1) ENTITY CONSIDERATION.—Not later than one year after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall publish a list of the
entities that constitute biotechnology companies of concern
based on a list of suggested entities that shall be provided
by the Secretary of Defense in coordination with the Attorney
General, the Secretary of Health and Human Services, the
Secretary of Commerce, the Director of National Intelligence,
the Secretary of Homeland Security, the Secretary of State,
and the National Cyber Director.
(2) BIOTECHNOLOGY
COMPANIES
OF
CONCERN
DEFINED.—
In this section, the term ‘‘biotechnology company of concern’’
means any of the following:
(A) An entity that—
(i) is to any extent involved in the manufacturing,
distribution, provision, or procurement of any bio-
technology equipment or service, as determined by the
process established in paragraph (1); and
(ii) is identified in the annual list published in
the Federal Register by the Department of Defense
of Chinese military companies operating in the United
States pursuant to 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).
(B) Any entity that is determined by the process estab-
lished in paragraph (1) to meet the following criteria:
(i) Is subject to the administrative governance
structure, direction, control, or operates on behalf of
the government of a foreign adversary;
(ii) Is to any extent involved in the manufacturing,
distribution, provision, or procurement of a bio-
technology equipment or service; and
(iii) Poses a risk to the national security of the
United States based on—
(I) engaging in joint research with, being sup-
ported by, or being affiliated with a foreign
adversary’s military, internal security forces, or
intelligence agencies;
(II) providing multiomic data obtained via bio-
technology equipment or services to the govern-
ment of a foreign adversary; or
S. 1071—268
(III) obtaining human multiomic data via the
biotechnology
equipment
or
services
without
express and informed consent.
(C) A subsidiary, parent, or successor of an entity
described in subparagraphs (A) or (B), provided it meets
the criteria set forth in clauses (i) through (iii) of subpara-
graph (B), as determined by the process established in
paragraph (1).
(3) GUIDANCE.—Not later than 180 days after publication
of the list pursuant to paragraph (1), and any update to the
list pursuant to paragraph (4), the Director of the Office of
Management and Budget, in coordination with the Secretary
of Defense, the Attorney General, the Secretary of Health and
Human Services, the Secretary of Commerce, the Director of
National Intelligence, the Secretary of Homeland Security, the
Secretary of State, and the National Cyber Director, shall estab-
lish guidance as necessary to implement the requirements of
this section.
(4) UPDATES.—The Director of the Office of Management
and Budget, in coordination with or based on a recommendation
provided by the Secretary of Defense, the Attorney General,
the Secretary of Health and Human Services, the Secretary
of Commerce, the Director of National Intelligence, the Sec-
retary of Homeland Security, the Secretary of State, and the
National Cyber Director, or upon receipt of a request pursuant
to paragraph (7), shall periodically, though not less than
annually, review and, as appropriate, add entities to or remove
entities from the list of biotechnology companies of concern,
and notify the appropriate congressional committees of any
such modifications.
(5) NOTICE OF A DESIGNATION AND REVIEW.—
(A) IN GENERAL.—A notice of a designation as a bio-
technology company of concern under paragraph (2)(B)
shall be issued to any biotechnology company of concern
named in the designation—
(i) advising that a designation has been made;
(ii) identifying the criteria relied upon under such
subparagraph and, to the extent consistent with
national security and law enforcement interests, the
information that formed the basis for the designation;
(iii) advising that, within 90 days after receipt
of notice, the biotechnology company of concern may
submit information and arguments in opposition to
the designation;
(iv) describing the procedures governing the review
and possible issuance of a designation pursuant to
paragraph (1); and
(v) where practicable, identifying mitigation steps
that could be taken by the biotechnology company of
concern that may result in the rescission of the des-
ignation.
(B) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—
(i) NOTICE OF DESIGNATION.—The Director of the
Office of Management and Budget shall submit the
notice required under subparagraph (A) to the Com-
mittee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight
S. 1071—269
and Government Reform of the House of Representa-
tives.
(ii) INFORMATION
AND
ARGUMENT
IN
OPPOSITION
TO
DESIGNATIONS.—Not later than 7 days after
receiving any information and arguments in opposition
to a designation pursuant to subparagraph (A)(iii), the
Director of the Office of Management and Budget shall
submit such information to the Committee on Home-
land Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government
Reform of the House of Representatives.
(6) NO IMMEDIATE PUBLIC RELEASE.—Any designation made
under paragraph (1) or paragraph (4) shall not be made publicly
available until the Director of the Office of Management and
Budget, in coordination with appropriate agencies, reviews all
information submitted under paragraph (5)(A)(iii) and issues
a final determination that a company shall remain listed as
a biotechnology company of concern.
(7) REMOVAL REQUESTS.—If an entity on the list of bio-
technology companies of concern believes it no longer meets
the definition of a biotechnology company of concern as
described in paragraph (2), then it may provide information
and arguments to request removal from the list of biotechnology
companies of concern to the Director of the Office of Manage-
ment and Budget. The Director shall review such information
and reply to the entity within 90 days.
(g) EVALUATION OF NATIONAL SECURITY RISKS POSED BY FOR-
EIGN ADVERSARY ACQUISITION OF AMERICAN MULTIOMIC DATA.—
(1) ASSESSMENT.—Not later than 270 days after the enact-
ment of this Act, the Director of National Intelligence, in con-
sultation with the Secretary of Defense, the Attorney General
of the United States, the Secretary of Health and Human
Services, the Secretary of Commerce, the Secretary of Homeland
Security, the Secretary of State, and the National Cyber
Director, shall complete an assessment of risks to national
security posed by human multiomic data from United States
citizens that is collected or stored by a foreign adversary from
the provision of biotechnology equipment or services.
(2) REPORT REQUIREMENT.—Not later than 30 days after
the completion of the assessment developed under paragraph
(1), the Director of National Intelligence shall submit a report
with such assessment to the appropriate congressional commit-
tees.
(3) FORM.—The report required under paragraph (2) shall
be in unclassified form, but may include a classified annex.
(h) REGULATIONS.—Not later than one year after the date of
establishment of guidance required under subsection (f)(3), and
as necessary for subsequent updates, the Federal Acquisition Regu-
latory Council shall revise the Federal Acquisition Regulation as
necessary to implement the requirements of this section.
(i) REPORTING ON INTELLIGENCE ON NEFARIOUS ACTIVITIES OF
BIOTECHNOLOGY COMPANIES WITH HUMAN MULTIOMIC DATA.—Not
later than 180 days after the date of the enactment of this Act,
and annually thereafter, the Director of National Intelligence, in
consultation with the heads of executive agencies, shall submit
to the appropriate congressional committees a report on any intel-
ligence in possession of such agencies related to nefarious activities
S. 1071—270
conducted by biotechnology companies with human multiomic data.
The report shall include information pertaining to potential threats
to national security or public safety from the selling, reselling,
licensing, trading, transferring, sharing, or otherwise providing or
making available to any foreign country of any forms of multiomic
data of a United States citizen.
(j) NO ADDITIONAL FUNDS.—No additional funds are authorized
to be appropriated for the purpose of carrying out this section.
(k) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Armed Services, the Select Com-
mittee on Intelligence, the Committee on Homeland Secu-
rity and Governmental Affairs, the Committee on Health,
Education, Labor, and Pensions, the Committee on Com-
merce, Science, and Transportation, and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee on For-
eign Affairs, the Committee on Oversight and Government
Reform, the Committee on Energy and Commerce, and
the Select Committee on Strategic Competition between
the United States and the Chinese Communist Party of
the House of Representatives.
(2) BIOTECHNOLOGY
EQUIPMENT
OR
SERVICE.—The term
‘‘biotechnology equipment or service’’ means—
(A) equipment, including genetic sequencers, or any
other instrument, apparatus, machine, or device, including
components and accessories thereof, that is designed for
use in the research, development, production, or analysis
of biological materials as well as any software, firmware,
or other digital components that are specifically designed
for use in, and necessary for the operation of, such equip-
ment;
(B) any service for the research, development, produc-
tion, analysis, detection, or provision of information,
including data storage and transmission related to
biological materials, including—
(i) advising, consulting, or support services with
respect to the use or implementation of an instrument,
apparatus, machine, or device described in subpara-
graph (A); and
(ii) disease detection, genealogical information, and
related services; and
(C) any other service, instrument, apparatus, machine,
component, accessory, device, software, or firmware that
is designed for use in the research, development, produc-
tion, or analysis of biological materials that the Director
of the Office of Management and Budget, in consultation
with the heads of executive agencies, as determined appro-
priate by the Director of the Office of Management and
Budget, determines appropriate in the interest of national
security.
(3) CONTRACT.—Except as the term is used under sub-
section (b)(2) and subsection (c)(3), the term ‘‘contract’’ means—
S. 1071—271
(A) any contract subject to the Federal Acquisition
Regulation issued under section 1303(a)(1) of title 41,
United States Code; or
(B) any transaction (other than a contract, a grant,
or a cooperative agreement) entered into under section
4021 of title 10, United States Code.
(4) CONTROL.—The term ‘‘control’’ has the meaning given
to that term in section 800.208 of title 31, Code of Federal
Regulations, or any successor regulations.
(5) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has
the meaning given the term ‘‘Executive agency’’ in section 105
of title 5, United States Code.
(6) FOREIGN ADVERSARY.—The term ‘‘foreign adversary’’ has
the meaning given the term ‘‘covered nation’’ in section 4872(f)
of title 10, United States Code.
(7) MULTIOMIC.—The term ‘‘multiomic’’ means data types
that
include
genomics,
epigenomics,
transcriptomics,
proteomics, and metabolomics.
(8) OVERSEAS.—The term ‘‘overseas’’ means any area out-
side of the United States, the Commonwealth of Puerto Rico,
or a territory or possession of the United States.
(l) COMPLIANCE WITH LIMITATION ON DRUG PRICES.—For the
purposes of section 1927(a)(1) of the Social Security Act (42 U.S.C.
1396r–8(a)(1)), a manufacturer is deemed to meet the requirements
of section 8126 of title 38, United States Code, including the require-
ment of entering into a master agreement with the Secretary of
Veterans Affairs under such section, if the Secretary of Veterans
Affairs determines that the manufacturer would comply (and has
offered to comply) with the provisions of section 8126 of title 38,
United States Code, and would have entered into a master agree-
ment under such section, but for the prohibitions under subsections
(a) and (b) of this section.
Subtitle F—Industrial Base Matters
SEC. 861. AMENDMENTS TO THE PROCUREMENT TECHNICAL ASSIST-
ANCE PROGRAM.
(a) PURPOSES.—Section 4952 of title 10, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) to foster innovation for the defense industrial base
and to diversify and expand the defense industrial base.’’.
(b) AUTHORIZATION FOR USE OF FUNDING FROM OTHER FEDERAL
AGENCIES.—Section 4955 of such title is amended by adding at
the end the following new subsection:
‘‘(e) FUNDING FROM OTHER FEDERAL AGENCIES.—The Secretary
may accept and use funds from other Federal agencies and depart-
ments for execution and administration of the program authorized
by this chapter.’’.
(c) INCREASED FUNDING LIMIT FOR BUREAU OF INDIAN AFFAIRS
SERVICE AREAS.—Section 4955(a)(4) of such title is amended by
striking ‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’.
S. 1071—272
(d) AUTHORITY
TO PROVIDE CERTAIN TYPES
OF TECHNICAL
ASSISTANCE.—Section 4958 of such title is amended—
(1) in subsection (c)—
(A) in paragraph (3), by striking ‘‘and’’ at the end;
(B) in paragraph (4), by striking and period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(5) under the AUKUS partnership (as defined in section
1321 of the National Defense Authorization Act for Fiscal Year
2024 (22 U.S.C. 10401).’’; and
(2) by adding at the end the following new subsection:
‘‘(d) The Under Secretary of Defense for Acquisition and
Sustainment may—
‘‘(1) provide assistance to an eligible entity that is a center
of excellence for the APEX Accelerator Program of the Depart-
ment of Defense (or a successor program) to provide specialized
expertise to business entities outside of the geographic area
served by the center of excellence; and
‘‘(2) may waive the government cost share restriction in
accordance with section 4954(f) of this chapter.’’.
SEC. 862. REPEAL OF LIMITATIONS ON CERTAIN DEPARTMENT OF
DEFENSE EXECUTIVE AGENT AUTHORITY.
Section 1792 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 2238; 50 U.S.C. 4531 note) and section 226 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115–
91; 50 U.S.C. 4531 note) are repealed.
SEC. 863. SPECIAL OPERATIONS COMMAND URGENT INNOVATIVE
TECHNOLOGIES AND CAPABILITIES INITIATIVE.
(a) ESTABLISHMENT.—The Commander of the United States
Special Operations Command shall carry out a pilot program, sub-
ject to the authority, direction, and control of the Assistant Sec-
retary of Defense for Special Operations and Low Intensity Conflict,
to be known as the ‘‘USSOCOM Urgent Innovative Technologies
and Capabilities Initiative’’ (in this section referred to as the ‘‘Initia-
tive’’) to accelerate the research, development, testing, procurement,
and initial sustainment of innovative technologies and equipment
that enhance the operational capabilities of Special Operations
Forces to meet emerging mission requirements.
(b) REQUIREMENTS.—The Commander shall—
(1) establish procedures for component special operations
units to submit requests to the Commander for the inclusion
of innovative technologies and equipment in the Initiative; and
(2) use authorities under section 167(e)(4) of title 10, United
States Code, to carry out the Initiative.
(c) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this section, and annually thereafter for
the duration of the Initiative, the Commander of the United
States Special Operations Command and Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict
shall submit to the congressional defense committees a report
on the implementation and effectiveness of the Initiative.
(2) CONTENTS.—Each report shall include the following:
S. 1071—273
(A) A summary of activities carried out under the
Initiative along with documentation of planned expendi-
tures.
(B) An assessment of the effect of innovative tech-
nologies and equipment included in the Initiative on the
operational capabilities of the United States Special Oper-
ations Command.
(C) Recommendations for the continuation, expansion,
or modification of the Initiative.
(D) A description of any challenges encountered and
lessons learned.
(E) A description of any action using established proce-
dures for a reprogramming of funds in an amount greater
than the approved amount for such reprogramming, as
established by Congress, to carry out the Initiative.
(d) SUNSET.—The authority to carry out the Initiative under
this section shall terminate on the date that is five years after
the date of the enactment of this Act.
SEC.
864.
UNITED
STATES-ISRAEL
DEFENSE
INDUSTRIAL
BASE
WORKING GROUP.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment
and in consultation with the Secretary of State, shall convene
a working group to be known as the ‘‘United States–Israel Defense
Industrial Base Working Group’’ to study—
(1) the potential for greater integration of the defense
industrial bases of the United States and Israel; and
(2) the feasibility and advisability of including Israel in
the national technology and industrial base, as defined in sec-
tion 4801 of title 10, United States Code.
(b) PROTECTION OF SENSITIVE INFORMATION.—Any activity car-
ried out pursuant to the authority provided by subsection (a) shall
be conducted in a manner that appropriately protects sensitive
information and the national security interests of the United States
and Israel.
(c) REPORT.—
(1) IN GENERAL.—Not later than 120 days after convening
the United States–Israel Defense Industrial Base Working
Group, the Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition and Sustainment and in
consultation with the Secretary of State, shall provide a report
to the appropriate congressional committees that takes into
account the results of the study conducted under subsection
(a). Such report shall include—
(A) an assessment of the feasibility and advisability
of including Israel in the national technology and industrial
base, and a description of United States funding or legal
authorities required for such inclusion; and
(B) any description of United States funding or legal
authorities required for greater integration of the defense
industrial bases of the United States and Israel, if so
determined to be advisable.
(2) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
S. 1071—274
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means—
(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.
SEC. 865. IMPROVING THE DOMESTIC TEXTILE AND INDUSTRIAL BASE.
(a) INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT AUTOMATED
TEXTILE MANUFACTURING.—
(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary of Defense, acting through the Director
of the Industrial Base Analysis and Sustainment Office of the
Department of Defense, shall ensure that the Textile Automa-
tion to Enhance Domestic Military Production program con-
tinues public-private partnerships and investments into techno-
logical advancement of the domestic textile and footwear indus-
trial base.
(2) ALLOWABLE INVESTMENTS.—The investments pursuant
to paragraph (1) may include—
(A) recapitalization of facilities related to domestic tex-
tile and footwear development or production;
(B) efficient vertical integration of such existing facili-
ties;
(C) expanding domestic production capacity of textiles
or footwear;
(D)
implementing
technological
advancements
to
improve efficiency and quality assurance of domestic tex-
tiles or footwear; and
(E) any other investment that would encourage the
maturation and qualification of domestic sources of textiles
or footwear—
(i) to ensure competition and reduce the reliance
of the Department of Defense on textiles and footwear
from foreign manufacturers for which an exception
granted under section 4862(c) of title 10, United States
Code, applies; or
(ii) that the Assistant Secretary of Defense for
Industrial Base Policy determines necessary for the
health of the industrial base.
(b) DEFENSE
CONTRACT
MANAGEMENT
AGENCY
REQUIRE-
MENTS.—
(1) IN GENERAL.—The Secretary of Defense shall prioritize
ensuring that the Defense Contract Management Agency has
the necessary resources, including personnel, to carry out the
duties of the Defense Contract Management Agency with
respect to the oversight of contracts of the Department of
Defense.
(2) BRIEFING.—
(A) Not later than April 1, 2026, the Secretary of
Defense shall provide to the Committees on Armed Services
of the Senate and House of Representatives a briefing
on the plan of the Department of Defense to ensure that
the Defense Contract Management Agency has the nec-
essary resources, including personnel, to carry out the
S. 1071—275
duties of the Defense Contract Management Agency with
respect to oversight travel of existing contracts of the
Department and prioritize oversight over the compliance
with section 4862 of title 10, United States Code.
(B) The plan described in subparagraph (A) shall
include—
(i) to the extent available, an analysis from a feder-
ally funded research and development center on the
resources, including personnel, required for the
Defense Contract Management Agency to enable the
Defense Contract Management Agency to carry out
the duties of the Defense Contract Management Agency
with respect to the oversight of contracts of the Depart-
ment of Defense; and
(ii) a plan to ensure that, not later than September
30, 2030, the Defense Contract Management Agency
has the required resources, including personnel, to
effectively oversee the compliance of the Department
of Defense with section 4862 of title 10, United States
Code.
(c) DEFENSE LOGISTICS AGENCY AND MILITARY SERVICES CON-
TRACTING REQUIREMENTS.—
(1) The Director of the Defense Logistics Agency in
coordination with the Secretary concerned for each covered
Armed Force, shall develop a strategy to maximize the use
of annual or, where applicable, multi-year contracts by the
Department of Defense for acquisitions involving the domestic
textile or footwear industries to ensure the long-term stability
and predictability of the requirements of the Department with
respect to the goods or services acquired from such industries.
(2) The Secretary concerned for each covered Armed Force
shall, on an annual basis, submit to the Director of the Defense
Logistics Agency the requirements of such covered Armed Force
for textiles and footwear for the year and the funding necessary
to meet such requirements, subject to the availability of funds
authorized for such purpose.
(3)(A) The Secretary concerned for each covered Armed
Force shall aggregate data on the annual requirement of each
covered Armed Force for common items, to ensure the Director
of the Defense Logistics Agency can maximize efficiency and
cost effectiveness in the acquisition of such common items.
(B) The data the Secretary concerned for a covered Armed
Force is required to aggregate under subparagraph (A) shall
include the requirements of the covered Armed Force concerned
for the upcoming fiscal year for common items.
(C) The Secretary concerned for each covered Armed Force
shall aggregate the annual requirement of each covered Armed
Force common items and incorporate such aggregate require-
ment into the next fiscal years program objective memorandum
process of such Armed Force.
(4)(A) The Director of the Defense Logistics Agency shall,
to the maximum extent practicable, use the aggregate data
described in paragraph (3)(A) to execute annual contracts for
common items and textiles and footwear required by only one
of the covered Armed Forces to support the long-term stability
of the domestic textile and footwear industries.
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(B)(i) If the Director of the Defense Logistics Agency does
not receive the requirements and funding described in para-
graph (2) for a covered Armed Force for a year, or such other
information required for the Director to acquire textiles and
footwear meeting such requirements for such year, the Director
may waive subparagraph (A) of this paragraph with respect
to such requirements.
(ii) Not later than 30 days after the date on which the
Director of the Defense Logistics Agencies issues a waiver under
clause (i), the Director shall submit to the Committees on
Armed Services of the Senate and House of Representatives
a notice of such waiver, including an explanation of the rational
for granting such waiver.
(5) In this section—
(A) the term ‘‘covered Armed Force’’ means the Army,
Navy, Air Force, Marine Corps, or Space Force;
(B) the term ‘‘common item’’ mean a textile or footwear
required by more by than one of the covered Armed Forces;
and
(C) the term ‘‘Secretary concerned’’ has the meaning
given such term in section 101(a) of title 10, United States
Code.
(d) EXPANDING COMPETITION AND SOURCING IN THE DOMESTIC
TEXTILE AND FOOTWEAR INDUSTRIAL BASE.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Director of the Defense Logis-
tics Agency shall conduct an assessment of the textile and
footwear industrial base producing textiles and footwear
described in subsection (b) of section 4862 of title 10, United
States Code, that are not subject to the prohibition under
subsection (a) of such section to assess the resilience of the
supply chain of the domestic textile and footwear industries.
(2) CONTENTS.—The assessment required under paragraph
(1) shall include the following:
(A) An identification of the textile and footwear goods
supplied to the Department of Defense by a single source.
(B) Data pertaining to past delays in the delivery of
textiles and footwear resulting from rigidity in the supply
chains of the domestic textile and footwear industrial base,
including an assessment of any challenges related to the
capacity of the domestic textile and footwear industrial
base to meet any surge or contingency requirements of
the Department of Defense for textiles or footwear.
(C) An analysis of the capability of the domestic textile
and footwear industrial base to mitigate the risk posed
by rigidity in the supply chains of the domestic textile
and footwear industrial base and the challenges to the
domestic textile and footwear industrial base meeting the
surge and contingency requirements of the Department
of Defense for textiles or footwear, including—
(i) opportunities for public-private partnerships to
enable recapitalization of manufacturing lines or
vertical integration;
(ii) opportunities for increased flexibility in produc-
tion, including adjustments to accommodate both
increases in requirements for textiles or footwear and
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manufacturing of new or different textiles or footwear;
and
(iii) an assessment of any ongoing research and
development initiatives by either the Department of
Defense or domestic industry to meet any requirements
for textiles or footwear that are currently covered by
a waiver under section 4862(c) of title 10, United States
Code.
(D) An identification of any regulations or processes
of the Department of Defense impeding the supply chain
resilience of the domestic textile and footwear industries.
(E) An identification of opportunities for the Depart-
ment of Defense to make additional investments into the
domestic textile and footwear industries to increase produc-
tion capacity such industries, facilitate greater competition,
and reduce the reliance of the Department on textiles and
footwear from foreign manufacturers for which an exception
granted under section 4862(c) of title 10, United States
Code, applies.
(e) BRIEFING REQUIRED.—
(1) IN GENERAL.—Not later than September 30, 2026, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing
on the implementation of subsections (a), (b), and (c) of this
section and in carrying out subsection (d).
(2) CONTENTS.—The briefing required by paragraph (1)
shall include—
(A) an explanation of the progress made in carrying
out the requirements under subsections (a) through (d);
(B) a timeline for completion of each such requirement;
and
(C) an identification of any barriers, including any
legislative authorities, policies, and resource deficiencies,
to carrying out such requirements.
(f) COMBAT BOOT QUALITY ASSURANCE PROGRAM.—
(1) IN GENERAL.—Not later than January 1, 2027, the Sec-
retary concerned for each covered Armed Force that does not
operate a program for certifying combat boots as meeting uni-
form regulations regarding durability, quality, and uniform
standards shall establish in such covered Armed Force a process
to certify that combat boots used by members of such covered
Armed Force meet uniform regulations regarding durability,
quality, and uniform standards.
(2) STUDY REQUIRED.—
(A) The Secretary concerned for each covered Armed
Force shall conduct a study assessing the service require-
ments for combat boots for such covered Armed Force to
determine the requirements for certifying combat boots
under the program established in such covered Armed
Force under paragraph (1) as meeting uniform regulations
regarding durability, quality, and uniform standards.
(B) The study required under subparagraph (A) shall
include an identification of—
(i) general requirements for wear, durability and
quality;
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(ii) specialty-specific requirements based on the
duties and operating environments of members of
Armed Forces; and
(iii) minimum requirements for biomechanics for
the health and readiness of such members.
(3) BRIEFING REQUIRED.—Not later than 180 days after
the date of the enactment of this section, and not less frequently
than every three months thereafter until the Secretary con-
cerned for a covered Armed Force establishes the program
required under paragraph (1) in such covered Armed Force
and completes the study required under paragraph (2), such
Secretary concerned shall provide to the Committees on Armed
Services for the Senate and House of Representatives a briefing
on the progress towards establishing such program and com-
pleting such study.
SEC. 866. CYBERSECURITY REGULATORY HARMONIZATION.
(a) IN GENERAL.—Not later than June 1, 2026, the Secretary
of Defense, in coordination with the Chief Information Officer of
the Department of Defense, the Chief Information Officer of each
military department, and representatives from the service acquisi-
tion executives of each military department, shall—
(1) harmonize the cybersecurity requirements applicable
to the defense industrial base across the Department of Defense;
(2) reduce the number of such requirements that are unique
to a specific contract or other agreement of the Department;
and
(3) submit to the congressional defense committees a report
on the actions taken to carry out the harmonization described
in paragraph (1) and the reduction described in paragraph
(2).
(b) REQUIREMENTS.—The harmonization required by subsection
(a)(1) shall ensure that processes and governance structures exist
and are sufficient to identify and eliminate duplicative and incon-
sistent cybersecurity requirements and cybersecurity requirements
unique to single contracts, including—
(1) a process and governance structure for assessing
whether future proposed cybersecurity contractual require-
ments for contracts or other agreements of the Department
of Defense are duplicative of other applicable requirements
of the Department of Defense that are published in the Federal
Register;
(2) a process for coordinating, centralizing, approving, and
publishing any proposed cybersecurity requirement not pub-
lished in the Federal Register; and
(3) a mechanism included in the process described in para-
graph (2) for ensuring the visibility to and input from internal
and external stakeholders.
(c) REPORTS REQUIRED.—
(1) IN GENERAL.—Not later than December 31, 2026, and
annually thereafter for three years, the Chief Information
Officer of the Department of Defense shall submit to the
congressional defense committees a report describing the
actions taken to implement subsections (a) and (b), including
the status of the harmonization of contractual cybersecurity
requirements and of reducing cybersecurity requirements
unique to single contracts required by such sections.
S. 1071—279
(2) ELEMENTS.—Each report required by paragraph (1)
shall cover the most recently completed fiscal year prior to
the submission of the report and include—
(A) a description of any changes made during the
period covered by the report to the processes and govern-
ance structures described in subsection (b);
(B) a list of each contract or other agreement of the
Department of Defense entered into during the period cov-
ered by the report for which the Department sought to
include a cybersecurity requirement not published in the
Federal Register;
(C) for each contract or other agreement included on
the list required by subparagraph (B), whether the Sec-
retary of Defense approved the inclusion of the cybersecu-
rity requirement for which such contract or other agree-
ment was included on such list and an explanation of
the reasoning of the Secretary for approving or denying
such inclusion; and
(D) such other matters as determined necessary by
the Chief Information Officer of the Department of Defense.
SEC. 867. MODIFICATIONS TO DEFENSE INDUSTRIAL BASE FUND.
(a) IN GENERAL.—Section 4817 of title 10, United States Code,
is amended by adding at the end the following new subsections:
‘‘(g) ELIGIBLE USES OF AUTHORITIES.—(1) IN GENERAL.—The
Secretary of Defense may use the authorities provided by this
section with respect to defense supply chains, including for material,
material production, components, subassemblies, and finished prod-
ucts, testing and qualification, infrastructure, facility construction
and improvement, and equipment needed directly for the following:
‘‘(A) Castings and forgings.
‘‘(B) Kinetic capabilities, including sensors, targeting
systems, and delivery platforms.
‘‘(C) Microelectronics.
‘‘(D) Machine tools, including subtractive, additive,
convergent, stamping, forging, abrasives, metrology, and
other production equipment.
‘‘(E) Critical minerals, materials, and chemicals.
‘‘(F) The workforce of the defense industrial base.
‘‘(G) Advanced manufacturing (as defined in section
4841(f)) capability and capacity of the defense industrial
base, including manufacturing at or near the point of need
in the area of responsibility of the United States Indo-
Pacific Command.
‘‘(H) Unmanned vehicles, including subsurface, surface,
land, air, single use, and attritable unmanned vehicles
and associated launch and recovery platforms.
‘‘(I) Manned aircraft.
‘‘(J) Ground systems.
‘‘(K) Power sources.
‘‘(L) Ships or submarines, including technologies and
capabilities for the assembly or automation of ships or
submarines, new or modernized infrastructure for the
construction of new ships or submarines or the mainte-
nance and sustainment or repair of battle damage to ships
or submarines.
S. 1071—280
‘‘(M) Other materiel solutions required to support the
operational plans of the United States Indo-Pacific Com-
mand.
‘‘(N) Defense space systems.
‘‘(O) Batteries.
‘‘(2) PROHIBITION ON USE IN COVERED COUNTRIES.—The Sec-
retary may not use the authorities provided by this section for
any activity in a covered country.
‘‘(3) USE OF AUTHORITIES FOR OTHER PURPOSES.—The Secretary
may not use the authorities provided by subsections (h) through
(j) for a purpose other than a purpose described in paragraph
(1) unless the Secretary—
‘‘(A) determines that—
‘‘(i) the use of the authority for such other purpose
is essential to the defense interests of the United States;
and
‘‘(ii) without the use of the authority for such other
purpose, the defense industrial base cannot reasonably be
expected to provide a capability needed by the Department
of Defense in a timely manner; and
‘‘(B) not less than 30 days prior to the Secretary using
such authorities for such other purpose, submits to the congres-
sional defense committees a report on such determination that
includes appropriate explanatory material for such use.
‘‘(h) GRANTS AND OTHER INCENTIVES FOR DOMESTIC INDUSTRIAL
BASE CAPABILITIES.—For the purposes of creating, maintaining,
protecting, expanding, or restoring the capabilities of the domestic
industrial base that are essential for the defense interests of the
United States, the Secretary may—
‘‘(1) use contracts, grants, or other transaction authorities,
including cooperative agreements;
‘‘(2) establish incentives for the private sector to develop
capabilities in areas of defense interest;
‘‘(3) during the five-year period beginning on the date of
the enactment of this subsection, make awards to third party
entities to support investments in small- and medium-sized
entities working in areas of defense interest that would benefit
missions of the Department of Defense; and
‘‘(4) provide subsidies to offset market manipulation.
‘‘(i) DEFENSE INDUSTRIAL BASE PURCHASE COMMITMENT PRO-
GRAM.—
‘‘(1)
IN
GENERAL.—For
the
purposes
of
creating,
maintaining, protecting, expanding, or restoring capabilities of
the industrial base that are essential for the defense interests
of the United States, the Secretary may make purchase commit-
ments—
‘‘(A) for the use or resale of an industrial resource
or a critical technology item by the Federal Government;
‘‘(B) to encourage the exploration, development, and
mining of strategic and critical materials;
‘‘(C) to support the development of other materials
and components;
‘‘(D) for the development of production capabilities;
and
‘‘(E) to increase the use of emerging technologies in
defense program applications and the rapid transition of
emerging technologies—
S. 1071—281
‘‘(i) from research and development sponsored by
the Federal Government to commercial applications;
and
‘‘(ii) from commercial research and development
to national defense applications.
‘‘(2) EXEMPTION FOR CERTAIN LIMITATIONS.—
‘‘(A) PURCHASES.—Except as provided by subparagraph
(B), purchase commitments under paragraph (1) may be
made for such quantities, and on such terms and conditions,
including advance payments, and for such periods, but
not extending beyond a date that is not more than 10
years from the date on which such purchase was initially
made, as the Secretary deems necessary.
‘‘(B) LIMITATION.—Purchase commitments under para-
graph (1) involving higher than established ceiling prices
(or if no such established ceiling prices exist, currently
prevailing market prices) or that result in an anticipated
loss on resale shall not be made, unless it is determined
that supply of the materials to be purchased under such
purchase commitments could not be effectively increased
or provisioned at lower prices or on terms more favorable
to the Federal Government, or that such purchases are
necessary to assure the availability to the United States
of overseas supplies.
‘‘(3) FINDINGS OF SECRETARY.—
‘‘(A) IN GENERAL.—The Secretary may take the actions
described in subparagraph (B), if the Secretary finds with
respect to a specific material that—
‘‘(i) under generally fair and equitable ceiling
prices, for any raw or nonprocessed material or compo-
nent, there will result a decrease in supplies from
high-cost sources of such material and that the continu-
ation of such supplies from such sources is necessary
to carry out the objectives of this section; or
‘‘(ii) an increase in cost of transportation of such
material is temporary and threatens to impair max-
imum production or supply in any area at stable prices
of such material.
‘‘(B) SUBSIDY PAYMENTS AUTHORIZED.—Upon a finding
under subparagraph (A) with respect to a material, the
Secretary may, for the purposes described in paragraph
(1), make provision for subsidy payments for such material
from sources other than sources that are or that are in
covered countries, in such amounts and in such manner,
including purchase commitments of such material or
component thereof and the resale of such material or
component thereof at a loss, and on such terms and condi-
tions, as the Secretary determines necessary to ensure
that—
‘‘(i) in the case of a finding described in clause
(i) of such subparagraph, supplies from high-cost
sources of such material do not decrease; or
‘‘(ii) in the case of a finding described in clause
(ii) of such subparagraph with respect to one or more
areas, that maximum production or supply of such
material at stable prices in each such area is main-
tained, as applicable.
S. 1071—282
‘‘(4) INSTALLATION
OF
EQUIPMENT
IN
INDUSTRIAL
FACILI-
TIES.—
‘‘(A) IN GENERAL.—The Secretary is authorized to take
an action described in subparagraph (B) if the Secretary
determines that such action will aid the defense interests
of the United States.
‘‘(B) ACTIONS DESCRIBED.—The actions described in this
section are—
‘‘(i) procuring and installing additional equipment,
facilities, processes or improvements to plants, fac-
tories, and other industrial facilities owned by the Fed-
eral Government;
‘‘(ii) procuring and installing equipment, including
equipment owned by the Federal Government, in pri-
vately owned plants, factories, and other industrial
facilities;
‘‘(iii) providing for the modification, expansion, or
construction of new privately owned facilities, including
modifications or improvements to production processes,
when taking actions under this subsection or sub-
section (h);
‘‘(iv) selling or otherwise transferring equipment
owned by the Federal Government and installed under
this subsection to the owners of such plants, factories,
or other industrial facilities;
‘‘(v)
constructing
facilities
for
the
purposes
described in section subsection (g)(1); and
‘‘(vi) applying contracts, grants, or other trans-
actions authorities.
‘‘(5) EXCESS METALS, MINERALS, MATERIALS, AND COMPO-
NENTS.—
‘‘(A) IN
GENERAL.—Metals, minerals, materials, and
components acquired pursuant to this subsection which
are excess to the needs of programs under this section,
as determined by the Secretary, shall be transferred to
the National Defense Stockpile established by the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.), or other national reserves if available, if the Secretary
deems such transfer to be in the public interest.
‘‘(B) TRANSFERS
AT
NO
CHARGE.—Transfers made
pursuant to this paragraph shall be made without charge
against or reimbursement from funds appropriated for the
purposes of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98 et seq.), or other national reserves
if available, except that costs incident to such transfer,
other than acquisition costs, shall be paid or reimbursed
from such funds.
‘‘(C) TREATMENT OF MATERIALS.—For the purposes of
section 5(a)(3) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98d(a)(3)), with respect to amounts
paid under subparagraph (B) for any metal, mineral, mate-
rial, or component transferred pursuant to this para-
graph—
‘‘(i) such metal, mineral, material, or component
is deemed to have been determined to be strategic
and critical under section 3(a) of the Strategic and
S. 1071—283
Critical Materials Stock Piling Act (50 U.S.C. 98b(a));
and
‘‘(ii) the Stockpile Manager of the National Defense
Stockpile is deemed to have determines there is a
shortfall of such materials in the National Defense
Stockpile.
‘‘(6) SUBSTITUTES.—The Secretary may make provision for
the development and qualification of substitutes for strategic
and critical materials, components, critical technology items,
and other industrial resources if and to the extent the Secretary
determines that such development and qualification is in the
interest of national security.
‘‘(j) STRENGTHENING DOMESTIC PRODUCTIVE CAPACITY.—
‘‘(1) IN GENERAL.—The Secretary may provide appropriate
incentives to develop, maintain, modernize, restore, and expand
the productive capacities of sources for strategic and critical
materials, components, critical technology items, and industrial
resources essential for the execution of the national security
strategy of the United States.
‘‘(2) STRATEGIC AND CRITICAL MATERIALS, COMPONENTS, AND
CRITICAL TECHNOLOGY ITEMS.—
‘‘(A) MAINTENANCE OF RELIABLE SOURCES OF SUPPLY.—
The Secretary shall take appropriate actions to ensure
that strategic and critical materials, components, critical
technology items, and industrial resources are available
from reliable sources when and as needed to meet the
requirements of the Department of Defense during peace-
time, mobilization, and national emergency (as defined in
section 12 of the Strategic and Critical Materials Act (50
USC 98h-3)).
‘‘(B) APPROPRIATE ACTION.—For purposes of this para-
graph, appropriate actions include—
‘‘(i) restricting contract solicitations to reliable
sources;
‘‘(ii) stockpiling or placing into reserve strategic
and critical materials, components, and critical tech-
nology items;
‘‘(iii) planning for necessary long lead times for
acquiring such materials, components, and items; and
‘‘(iv) developing and qualifying substitutes for such
materials, components, and items.
‘‘(k) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than October 15, 2026, and
annually thereafter, the Secretary shall submit to the congres-
sional defense committee a report evaluating investments made
and any other activities carried out using amounts in the
Fund during the previous fiscal year.
‘‘(2) ELEMENTS.—Each report required by paragraph (1)
shall include—
‘‘(A) measures of the effectiveness of the investments
and activities described in such paragraph in meeting the
needs of the Department of Defense and the defense indus-
trial base;
‘‘(B) an evaluation of the return on investment of all
ongoing investments from the Fund; and
‘‘(C) a description of efforts to coordinate activities
carried out using amounts in the Fund with activities
S. 1071—284
to support the defense industrial base carried out under
other authorities.
‘‘(3) ADVICE.—In preparing a report required by paragraph
(1), the Secretary shall take into account the advice of the
defense industry and such other individuals as the Secretary
considers relevant.
‘‘(l) COORDINATION WITH OTHER DEFENSE INDUSTRIAL BASE
ACTIVITIES.—Not later than 90 days after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2026,
the Secretary shall submit to the congressional defense committees,
the Committee on Banking, Housing, and Urban Affairs of the
Senate, and the Committee on Financial Services of the House
of Representatives a report detailing how activities carried out
under this section will be coordinated with—
‘‘(1) activities carried out using amounts in the Defense
Production Act Fund under section 304 of the Defense Produc-
tion Act of 1950 (50 U.S.C.4534);
‘‘(2) activities of the Office of Strategic Capital; and
‘‘(3) any other efforts designed to enhance the defense
industrial base.
‘‘(m) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered country’ means—
‘‘(A) the Russian Federation;
‘‘(B) the Republic of Cuba;
‘‘(C) the Bolivarian Republic of Venezuela;
‘‘(D) the Democratic People’s Republic of Korea;
‘‘(E) the Islamic Republic of Iran; and
‘‘(F) the People’s Republic of China.
‘‘(2) The term ‘reliable source’ means a citizen of, or busi-
ness entity organized under the laws of—
‘‘(A) the United States or any territory or possession
of the United States;
‘‘(B) a country of the national technology and industrial
base, as defined in section 4801; or
‘‘(C) a qualifying country, as defined in section 225.003
of the Department of Defense Supplement to the Federal
Acquisition Regulation or any successor regulation.
‘‘(3) The term ‘Secretary’ means the Secretary of Defense.
‘‘(4) The term ‘strategic and critical materials’ has the
meaning given that term in section 12(1) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h–3(1)).’’.
(b) LIMITATION ON USE OF CERTAIN FUNDS.—The Secretary
of Defense may not use funds made available before the date
of the enactment of this Act to carry out activities under the
authority of subsection (g), (h), (i), or (j) of section 4817 of title
10, United States Code, as added by this Act.
(c) AMENDMENTS TO NATIONAL SECURITY CAPITAL FORUM.—
Section 1092 of the Servicemember Quality of Life Improvement
and National Defense Authorization Act for Fiscal Year 2025 (Public
Law 118–159; 10 U.S.C. 149 note) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;
(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:
S. 1071—285
‘‘(3) serve as a clearinghouse for vetting potential invest-
ments transactions, whether as a loan or as an equity trans-
action, by executive agencies (as defined in section 133 of title
41, United States Code).’’; and
(2) by adding at the end the following new subsection:
‘‘(e) INCLUSION
OF
CERTAIN
OFFICIALS.—The Secretary of
Defense shall include in the forum established under subsection
(a) the following:
‘‘(1) The Assistant Secretary of Defense for Industrial Base
Policy.
‘‘(2) The individual serving as the Director of the Defense
Logistics Agency and the head of the Office of General Counsel
of the Department of Defense.’’.
(d) SUNSET.—Effective December 31, 2035, the following provi-
sions of law are repealed:
(1) Subsections (g) through (m) of section 4817 of title
10, United States Code, as added by subsection (a) of this
section.
(2) Subsections (a)(3) and (e) of section 1092 of the Service-
member Quality of Life Improvement and National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159;
10 U.S.C. 149 note), as added by subsection (c) of this section.
Subtitle G—Other Matters
SEC. 871. MODIFICATION TO DEMONSTRATION AND PROTOTYPING
PROGRAM TO ADVANCE INTERNATIONAL PRODUCT SUP-
PORT
CAPABILITIES
IN
A
CONTESTED
LOGISTICS
ENVIRONMENT.
Section 842 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 10 U.S.C. 2341 note) is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (B) as subpara-
graph (C); and
(C) by inserting after subparagraph (A) the following
new subparagraph:
‘‘(B) advanced manufacturing (as defined in section
4841(f) of title 10, United States Code) facilities for rapid,
distributed production of parts closer to the point of use;
and’’; and
(2) in subsection (g), by striking ‘‘on the date’’ and all
that follows and inserting ‘‘December 31, 2030.’’.
SEC. 872. CONTESTED LOGISTICS EXERCISE REQUIREMENT.
Section 842 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31; 10 U.S.C. 2341 note) is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new sub-
section:
‘‘(h) CONTESTED LOGISTICS EXERCISE REQUIREMENT.—Not later
than September 30, 2027, and biannually thereafter until the termi-
nation date in subsection (g), the Secretary of Defense, in coordina-
tion with the senior official responsible for integration of global
S. 1071—286
logistics (as designated in section 2229b of this title), shall incor-
porate the requirements of the Program into a joint exercise that
focuses on the contested logistics environment.’’.
SEC. 873. COMBATANT COMMAND EXPERIMENTATION AUTHORITY.
(a) AUTHORITY.—Each commander of a combatant command
shall have the authority to conduct experimentation, prototyping,
and technology demonstrations to support the development and
testing of innovative technologies and capability solutions to address
operational needs identified by the combatant command.
(b) PROCEDURES.—The commander of a combatant command
may use the special authorities for contracting described in sub-
section (b) of section 843 of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 3601
note) for activities carried out under subsection (a), provided that
the procedures described in such section are followed.
(c) RECOMMENDATION
FOR
FOLLOW-ON
PRODUCTION.—Upon
completion of an experiment, prototype, or technology demonstra-
tion, if a commander of a combatant command submits to a senior
contracting official (as defined in section 1737 of title 10, United
States Code) a written determination that the demonstrated tech-
nology or capability meets the operational need of the combatant
command, such written determination may be used to fulfill the
following requirements:
(1) A justification for using other than competitive proce-
dures under section 3204 of title 10, United States Code, to
acquire the technology or capability which was successfully
demonstrated.
(2) A validated capability needs statement or a written
determination that the capability is needed to address a defi-
ciency that affects performance of missions assigned to that
command.
(d) SUNSET.—The authority under this section shall terminate
on September 30, 2028.
(e) INCLUSION IN ANNUAL REPORT.—The Chairman on of the
Joint Chiefs of Staff, in coordination with the Under Secretary
of Defense for Acquisition and Sustainment, shall include in each
report required after the date of the enactment of this Act by
subsection (e) of section 843 of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118–31; 6 U.S.C. 3601 note)
an explanation of each use of the authority under this section
during the period covered by the report.
SEC. 874. ANNUAL REPORT ON CONTRACT CANCELLATIONS AND
TERMINATIONS.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—For each of fiscal years 2027 through
2031, not later than 10 days after the date on which the
President submits the budget to Congress pursuant to section
1105 of title 31, United States Code, for each such fiscal year,
the Secretary of Defense shall submit to the congressional
defense committees a report listing any cancellation or termi-
nation for the preceding fiscal year of a contract in an amount
greater than the simplified acquisition threshold.
(2) FISCAL YEAR 2025 CANCELLATIONS AND TERMINATIONS.—
The Secretary of Defense shall include in the first report sub-
mitted under paragraph (1) a description of any cancellation
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or termination of a contract in an amount greater than the
simplified acquisition threshold during fiscal year 2025.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements:
(1) An identification of the unique Government identifica-
tion number (commonly referred to as a ‘‘Procurement
Instrument Identification Number’’ or an ‘‘Indefinite Delivery
Vehicle’’) for each contract cancelled or terminated.
(2) The total value of the contracts described in paragraph
(1).
(3) The total existing obligations against each such contract.
(4) Any termination settlement paid, if applicable, for can-
celling or terminating a contract described in paragraph (1).
(5) A brief justification of the rationale for such cancellation
or termination, disaggregated by contracts—
(A) that do not align with the priorities of the Secretary
of Defense;
(B) for which the requirement no longer exists;
(C) for which the requirement has decreased;
(D) for which the requirement exists, but the contract
did not meet requirements for cost or the schedule or
performance of the contract are unacceptable; or
(E) any other rationale as determined by the Secretary.
(6) For any contract described in paragraph (5)(E), a jus-
tification of the proposed timeline for awarding a new contract
to meet the specified requirement.
SEC. 875. ABILITY TO WITHHOLD CONTRACT PAYMENTS DURING
PERIOD OF PENDANCY OF A BID PROTEST.
(a) AUTHORITY TO WITHHOLD CERTAIN PAYMENTS.—
(1) PROCEDURES.—Not later than 180 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 establish procedures for a contracting
officer of the Department of Defense to withhold payment of
covered amounts to an incumbent contractor during the period
of pendency resulting from a bid protest by such incumbent
contractor.
(2) FORFEIT.—The procedures developed in accordance with
this section shall provide that payment amounts withheld under
paragraph (1) from an incumbent contractor during a period
of pendency resulting from a bid protest by such incumbent
contractor shall be forfeited by the incumbent contractor upon
the determination by the Comptroller General of the United
States to dismiss such bid protest based on a lack of any
reasonable legal or factual basis becoming a final determina-
tion.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered amounts’’ means an amount that
is not greater than five percent of the total amount to be
paid to an incumbent contractor but for the withholding of
payment under subsection (a)(1).
(2) The term ‘‘covered contract’’ means a contract entered
into by the Secretary of Defense with an incumbent contractor
for the procurement of goods or services during the period
of pendency that are the same or substantially similar to goods
S. 1071—288
or services to be acquired by the Department under the contract
previously awarded to the incumbent contractor.
(3) The term ‘‘final determination’’, with respect to the
dismissal of a bid protest, means such dismissal—
(A) was not the subject of a request for reconsideration
and the time period for requesting reconsideration has
expired; or
(B) was the subject of a request for reconsideration
and the reconsideration processes for which is completed.
(4) The term ‘‘incumbent contractor’’ means a contractor
for a contract with the Department of Defense for the acquisi-
tion of goods or services by the Department that are the same
or substantially similar to goods or services to be acquired
by the Department under a new or follow-on contract that
is the subject of a bid protest.
(5) The term ‘‘period of pendency’’ means the period of
performance under a contract that was awarded or extended
because the Secretary of Defense—
(A) received notice of a bid protest submitted by the
incumbent contractor to the Comptroller General of the
United States; and
(B) was prohibited from awarding a new contract
during the pendency of such bid protest under section
3553(c) of title 31, United States Code.
SEC. 876. INDEMNIFICATION OF CONTRACTORS AGAINST NUCLEAR
AND UNUSUALLY HAZARDOUS RISKS.
(a) REVIEW.—The review of requests submitted by a contractor
to a Department of Defense contracting officer pursuant to Public
Law 85–804 (50 U.S.C. 1431 et seq.) for indemnification against
nuclear and unusually hazardous risks, including those involving
the procurement of commercial nuclear technology, shall include,
to the extent practicable, input from the Defense Contract Manage-
ment Agency, including reviews of insurance markets and coverage
availability from the Contractor Insurance/Pension Review group.
(b) DEADLINE.—The review of each indemnification request sub-
mitted by a contractor described in subsection (a) shall be completed
with a final decision on approval or denial, including an executed
memorandum of decision, not later than 90 days after the date
of the request.
(c) DELEGATION.—The Secretary of each military department
shall delegate the authority to approve or deny indemnification
requests submitted by contractors described in subsection (a) for
contracts relating to advanced nuclear energy systems or compo-
nents to such subordinate officials as the Secretary determines
appropriate to ensure the timely and effective execution of reviewing
such requests.
SEC. 877. ENHANCED SECURITY STRATEGY FOR PROCUREMENT OF
PRIVATE FIFTH-GENERATION WIRELESS TECHNOLOGY.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall require
a contractor for a procurement related to fifth-generation wireless
technology for private networks on military installations to provide
the information described in subsection (b) to promote enhanced
wireless network security requirements, including supply chain risk
management.
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(b) INFORMATION DESCRIBED.—The information described in
this subsection is as follows:
(1) A hardware bill of materials for such procurement
described in subsection (a).
(2) A description of the implementation and operational
use of zero trust principles and capabilities for such procure-
ment.
(c) PRIORITIZATION.—With respect to a procurement described
in subsection (a), the Secretary shall prioritize the use of private
networks that employ Open-RAN approaches, including cloud-native
capabilities whenever possible.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘military installation’’ has the meaning given
in section 2801 of title 10, United States Code.
(2) The term ‘‘Open-RAN’’ has the meaning given in section
9202 of title XCII of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116–283).
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Prohibition of diversity, equity, and inclusion programs of the Depart-
ment of Defense.
Sec. 902. Directive authority for matters for which the Under Secretary of Defense
for Research and Engineering has responsibility.
Sec. 903. Assistant Secretary of Defense for International Armaments Cooperation.
Sec. 904. Modification to authorities of the Director of Operational Test and Eval-
uation.
Sec. 905. Modification of covered technology categories for Office of Strategic Cap-
ital.
Sec. 906. Additional authorities for Office of Strategic Capital.
Sec. 907. Defense Science Board study on optimal organizational structure for dig-
ital solution and software delivery.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 911. Removal of members of Joint Chiefs of Staff and combatant commanders.
Sec. 912. Joint Interagency Task Force 401.
Sec. 913. Authority to establish regional outreach centers for the Defense Innova-
tion Unit.
Sec. 914. Small-UAS Industrial Base Working Group.
Sec. 915. Temporary prohibition on disestablishment of Navy Expeditionary Com-
bat Command Pacific.
Sec. 916. Limitation on availability of funds for modification or consolidation of geo-
graphic combatant commands.
Sec. 917. Limitation on availability of funds for the Army pending submittal of plan
on the proposed integration of the Joint Munitions Command and the
Army Sustainment Command.
Subtitle A—Office of the Secretary of
Defense and Related Matters
SEC. 901. PROHIBITION OF DIVERSITY, EQUITY, AND INCLUSION PRO-
GRAMS OF THE DEPARTMENT OF DEFENSE.
(a) REPEALS AND MODIFICATIONS OF REPORTING REQUIREMENTS
ON DIVERSITY
AND INCLUSION.—Section 113 of title 10, United
States Code, is amended—
(1) in subsection (c)—
(A) by striking paragraph (2); and
S. 1071—290
(B) by redesignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively;
(2) in subsection (g)(1)(B)—
(A) by striking clause (vii); and
(B) by redesignating clauses (viii), (ix), and (x) as
clauses (vii), (viii), and (ix), respectively;
(3) by striking subsection (l);
(4) by redesignating subsections (m) through (o) as sub-
sections (l) through (n), respectively; and
(5) in subsection (l), as so redesignated—
(A) by striking ‘‘Accompanying each national defense
strategy provided to the congressional defense committees
in accordance with subsection (g)(1)(D)’’ and inserting ‘‘On
an annual basis’’; and
(B) by striking ‘‘provide a report’’ and inserting ‘‘submit
to the congressional defense committees a report’’.
(b) REPEAL OF CHIEF DIVERSITY OFFICER.—Section 147 of title
10, United States Code, is repealed.
(c) REPEAL OF PROGRAM ON DIVERSITY IN MILITARY LEADER-
SHIP.—Section 656 of title 10, United States Code, is repealed.
(d) REPEAL OF INSPECTOR GENERAL OVERSIGHT OF DIVERSITY
AND
INCLUSION
IN
DEPARTMENT
OF
DEFENSE; SUPREMACIST,
EXTREMIST, OR CRIMINAL GANG ACTIVITY IN THE ARMED FORCES.—
Section 554 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. 141 note) is repealed.
(e) REPEAL OF SENIOR ADVISORS FOR DIVERSITY AND INCLU-
SION.—Section 913 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3802) is repealed.
(f) PROHIBITED
DIVERSITY, EQUITY, AND
INCLUSION
PRAC-
TICES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary of Defense may not—
(A) maintain an office relating to diversity, equity,
inclusion, or accessibility or any substantially similar office;
(B) maintain or employ a chief diversity officer or
a substantially similar officer;
(C) develop, implement, distribute, or publish plans,
strategic plans, reports, or surveys relating to diversity,
equity, inclusion, and accessibility, or substantially similar
plans, reports, or surveys;
(D) develop, implement, or maintain an employee
resource group or an affinity group based on race, color,
ethnicity, religion, national origin, sexual orientation, or
gender identity;
(E) develop, implement, or maintain an agency equity
team or a substantially similar team;
(F) develop, implement, distribute, publish, establish,
or purchase—
(i) a training course relating to—
(I) diversity;
(II) equity;
(III) inclusion;
(IV) a critical theory relating to race, gender,
or otherwise; or
(V) intersectionality; or
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(ii) a training course substantiality similar to a
training course described in clause (i);
(G) develop, implement, or maintain a diversity, equity,
inclusion, and accessibility data dashboard or a substan-
tially similar data dashboard; or
(H) maintain or employ a position relating to diversity,
equity, inclusion, or accessibility.
(2) RULE
OF
CONSTRUCTION.—Nothing in paragraph (1)
shall be construed to prevent the Secretary of Defense from
maintaining or operating—
(A) Equal Employment Opportunity offices as histori-
cally organized and operated within the Department of
Defense; or
(B) an office enforcing the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs
or offices as historically organized and operated within
the Department of Defense.
(3) ACCESSIBILITY DEFINED.—In this subsection, the term
‘‘accessibility’’ has the meaning given that term in the Depart-
ment of Defense Diversity, Equity, Inclusion, and Accessibility
Strategic Plan for Fiscal Years 2022 and 2023, except such
term does not refer to accessibility or other accommodations
required under law for individuals with disabilities.
SEC. 902. DIRECTIVE AUTHORITY FOR MATTERS FOR WHICH THE
UNDER SECRETARY OF DEFENSE FOR RESEARCH AND
ENGINEERING HAS RESPONSIBILITY.
Section 133a(b) of title 10, United States Code, is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘elements of the Department relating
to’’ after ‘‘supervising, all’’;
(B) by inserting ‘‘and enhancing jointness’’ after ‘‘and
engineering efforts’’; and
(C) by striking ‘‘; and’’ and inserting a semicolon;
(2) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
‘‘(4) directing the Secretaries of the military departments
and the heads of all other elements of the Department with
regard to matters for which the Under Secretary has responsi-
bility; and
‘‘(5) conducting developmental prototyping, designing and
executing experiments of prototypes in the field to demonstrate
operational relevance to address joint force capability gaps,
and encouraging and supporting the rapid transition of tech-
nology from the research and development phase into oper-
ational use within the Department.’’.
SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR INTERNATIONAL
ARMAMENTS COOPERATION.
(a) ESTABLISHMENT OF ASSISTANT SECRETARY OF DEFENSE FOR
INTERNATIONAL ARMAMENTS COOPERATION.—Section 138(b) of title
10, United States Code, is amended—
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following new para-
graph (7):
S. 1071—292
‘‘(7) One of the Assistant Secretaries is the Assistant Secretary
of Defense for International Armaments Cooperation, who shall
report directly to the Under Secretary of Defense for Acquisition
and Sustainment. The principal duty of the Assistant Secretary
shall be to carry out section 133b(b)(10) of this title.’’.
(b) INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRE-
TARIES.—
(1) INCREASE.—Section 138(a)(1) of title 10, United States
Code, is amended by striking ‘‘19’’ and inserting ‘‘20’’.
(2) CONFORMING
AMENDMENT.—Section 5315 of title 5,
United States Code, is amended by striking ‘‘Assistant Secre-
taries of Defense (19).’’ and inserting ‘‘Assistant Secretaries
of Defense (20).’’
SEC. 904. MODIFICATION TO AUTHORITIES OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
(a) IN GENERAL.—Section 139 of title 10, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (5), by striking ‘‘and’’ at the end;
(B) in paragraph (6), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(7) have access to approved test and evaluation master
plans and test strategies of the armed forces for purposes
of conducting independent reviews of such plans and strate-
gies.’’;
(2) in subsection (k), by inserting ‘‘, and the Secretary
of Defense shall ensure that the amount requested for the
Office of the Director in the Department of Defense budget
for each fiscal year is sufficient to enable the Director to fulfill
the duties and responsibilities assigned by this section’’ before
the period at the end; and
(3) by adding at the end the following new subsection:
‘‘(l)(1) The Director may enter into contracts or other agree-
ments with one or more federally funded research and development
centers pursuant to which personnel of such centers may assist
the Director with program oversight, including through—
‘‘(A) test planning, preparation, and monitoring;
‘‘(B) data collection;
‘‘(C) data analysis;
‘‘(D) drafting and reviewing test reports;
‘‘(E) providing technical expertise and support to pro-
gram offices; and
‘‘(F) performing such other duties as the Director deter-
mines appropriate.
‘‘(2) The Secretary of Defense shall ensure that the Director
has sufficient funding to enter into the contracts or other agree-
ments for which authorization is provided under paragraph (1).’’.
(b) REQUIREMENT TO MAINTAIN CERTAIN TEST AND EVALUATION
ACTIVITIES.—
(1) LIMITATION.—During the period beginning on the date
of the enactment of this Act and ending on September 30,
2027, the Secretary of Defense may not—
(A) divest or consolidate a capability specified in para-
graph (2);
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(B) transfer responsibility for such a capability away
from the organization responsible for the capability as of
the date of the enactment of this Act; or
(C) take any other action that would reduce the scope
or effectiveness of the capability.
(2) CAPABILITIES DESCRIBED.—The capabilities specified in
this paragraph are—
(A) the Cyber Assessment Program;
(B) the Center for Countermeasures;
(C) the Test and Evaluation Threat Resource Activity;
(D) the Joint Technical Coordinating Group for Muni-
tions Effectiveness Program;
(E) the Joint Aircraft Survivability Program;
(F) the Joint Test and Evaluation Program; and
(G) the Test and Evaluation Transformation Program.
(3) WAIVER.—The Secretary of Defense, acting through the
Director of Operational Test and Evaluation, may a waive
the limitation under paragraph (1) with respect to capability
specified in paragraph (2), on a case-by-case basis, if—
(A) the Secretary submits to the congressional defense
committees a plan for divesting, consolidating, transferring,
or otherwise reducing the scope or effectiveness the capa-
bility (as the case may be), which shall include—
(i) in the case of a capability proposed to be trans-
ferred to another organization within the Department
of Defense—
(I) identification of the organization to which
such capability will be transferred; and
(II) an explanation of the level of resources
needed to sustain such capability at the new
organization, staffing levels for the capability at
such organization, and any agreements needed to
implement the proposed transfer; and
(ii) in the case of a capability proposed to be
divested or consolidated by the Secretary, a justifica-
tion for the divestment or consolidation together with
an explanation of how the proposed divestment or
consolidation will not result in a loss of capabilities
or functions in a manner that poses a risk to any
mission of the Department of Defense; and
(B) a period of 30 days has elapsed following the date
on which the plan under subparagraph (A) was submitted.
(4) RESOURCES.—The Secretary of Defense shall ensure
that sufficient funding and personnel are made available to
the Director of Operational Test and Evaluation to maintain
the capabilities specified in paragraph (2) during the period
in which the limitation under paragraph (1) applies.
SEC. 905. MODIFICATION OF COVERED TECHNOLOGY CATEGORIES
FOR OFFICE OF STRATEGIC CAPITAL.
Paragraph (2) of subsection (f) of section 149 of title 10, United
States Code, is amended—
(1) by redesignating subparagraphs (U) through (GG) as
subparagraphs (V) through (HH), respectively; and
(2) by inserting after subparagraph (T) the following new
subparagraph:
‘‘(U) Nuclear fission and fusion energy technologies.’’.
S. 1071—294
SEC. 906. ADDITIONAL AUTHORITIES FOR OFFICE OF STRATEGIC CAP-
ITAL.
(a) IN GENERAL.—Section 149 of title 10, United States Code,
as amended by section 905 of this Act, is further amended—
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new sub-
sections:
‘‘(f) FEES.—
‘‘(1) IN GENERAL.—
‘‘(A) The Director may—
‘‘(i) charge and collect fees for the costs specified
in subparagraph (B) for services provided by the Office
and associated with administering programs under this
section, including project-specific transaction costs and
direct costs relating to such services; and
‘‘(ii) establish those fees at amounts that the
Director considers appropriate only to recover the costs
of project-specific transaction costs and to offset the
expenses of administering of those programs.
‘‘(B) The costs specified in this subparagraph are the
following:
‘‘(i) Due diligence costs paid to third parties for
services
conducting
national
security,
legal,
engineering, technical, financial, and other due dili-
gence on applicants, prospective and existing bor-
rowers, guarantors, sponsors, and other key trans-
action parties, their respective owners, managers, and
employees, and their properties, assets, and operations.
‘‘(ii) Costs of third-party services related to ratings
analysis, underwriting, appraisals, valuations, travel
to and inspection of project sites, and other customary
analysis relating to specific applications.
‘‘(iii) Costs of third-party legal services for negotia-
tion and documentation of transactions.
‘‘(iv) Costs of third-party services for monitoring,
restructurings, and workouts of agreements.
‘‘(v) Administrative expenses directly related to
credit program operations as defined in Office of
Management and Budget Circular A–11 as of August
2025, including—
‘‘(I) the appropriate proportion of administra-
tive expenses that are shared with non-credit pro-
grams;
‘‘(II) the cost of loan systems development and
maintenance, including information technology
systems costs;
‘‘(III) the cost of monitoring credit programs
and private lenders for compliance with contrac-
tual requirements, laws, and regulations;
‘‘(IV) the cost of all activities related to credit
extension, loan servicing, write-off, and close out;
and
‘‘(V) the cost of collecting delinquent or
defaulted loans.
‘‘(2) DEPOSIT INTO CREDIT PROGRAM ACCOUNT.—
‘‘(A) IN
GENERAL.—Amounts collected as fees under
paragraph (1) shall—
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‘‘(i) be deposited into the Credit Program Account
established under subsection (e)(5); and
‘‘(ii) remain available until expended.
‘‘(B) LIMITATION
ON
USE
OF
FEES.—Notwithstanding
subsection (e)(5)(B), none of the fees collected under para-
graph (1) may be used to pay salaries or expenses of
civilian employees of the Department of Defense or for
any purposes other than those described in this subsection
or subsection (e)(12).
‘‘(3) TERMINATION OF AUTHORITY.—
‘‘(A) IN GENERAL.—Except as provided by subparagraph
(B), the authority under paragraph (1) to charge and collect
fees shall expire on the date specified in paragraph (9)(A)
of subsection (e).
‘‘(B) TREATMENT OF CERTAIN ASSETS.—With respect to
a loan or loan guarantee provided under this section that
is outstanding as of the expiration date under subpara-
graph (A), the authority of the Director under paragraph
(1) to charge and collect fees for services relating to the
loan or loan guarantee shall remain in effect for the dura-
tion of the loan or loan guarantee.
‘‘(4) REPORTS REQUIRED.—
‘‘(A) ANNUAL REPORT.—Not later than March 1 of each
year, the Director shall submit to the congressional defense
committees a report that includes—
‘‘(i) a detailed summary of the fees collected under
paragraph (1) in the preceding fiscal year; and
‘‘(ii) a description of how those fees were allocated.
‘‘(B) AUDIT.—The Inspector General of the Department
of Defense shall—
‘‘(i) conduct a review of the fees charged and col-
lected under paragraph (1) in fiscal year 2026 and
provide a report on the results of the review to the
congressional defense committees; and
‘‘(ii) conduct an audit of the fees collected in fiscal
years 2026 and 2027 and, once completed, provide a
report to the congressional defense committees on the
results of the audit not later than 180 days after the
end of fiscal year 2027.
‘‘(g) AUTHORITY TO ACCEPT SERVICES.—The Director may accept
services, such as legal, financial, technical, or professional services,
associated with administering programs under this section,
including accepting such services as indirect payment in kind for
services provided by the Office.’’.
(b) DETERMINATIONS OF LOAN DEFAULT UNDER PILOT PROGRAM
ON CAPITAL ASSISTANCE
TO SUPPORT DEFENSE INVESTMENT
IN
INDUSTRIAL BASE.—Subsection (e)(3)(A)(ii)(VI) of such section is
amended by striking ‘‘Secretary’’ and inserting ‘‘Director’’.
(c) CONFORMING AMENDMENT TO CREDIT PROGRAM ACCOUNT.—
Subsection (e)(5)(A)(ii) of such section is amended—
(1) by striking ‘‘consist of amounts’’ and inserting the fol-
lowing: ‘‘consist of—
‘‘(I) amounts’’;
(2) by striking the period at the end and inserting ‘‘; and’’;
and
(3) by adding at the end the following new subclause:
‘‘(II) fees deposited under subsection (f)(2).’’.
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(d) ADDITIONAL MODIFICATIONS TO PILOT PROGRAM ON CAPITAL
ASSISTANCE.—Subsection (e) of such section is further amended
by adding at the end the following new paragraphs:
‘‘(10) PRESUMPTION OF COMPLIANCE.—Each agreement for
a loan or loan guarantee executed by the Director under para-
graph (3)(A) shall be conclusively presumed to be issued in
compliance with the requirements of this section.
‘‘(11) AUTHORITY
TO
COLLECT
DEBTS.—In the case of a
default on a loan or loan guarantee provided under paragraph
(3)(A), the Director may exercise any priority of the United
States in collecting debts relating to the default.
‘‘(12) ADDITIONAL AUTHORITIES.—In carrying out the capital
assistance program under this subsection the Director may—
‘‘(A) enter into contracts, agreements, or other trans-
actions with applicants for or recipients of capital assist-
ance pursuant to which such applicants or recipients
directly pay for the costs of third-party services provided
to the Office in connection with transactions involving such
applicants and recipients;
‘‘(B) procure temporary and intermittent services of
experts and consultants in accordance with section 3109
of title 5 only for the purposes established under this
subsection; and
‘‘(C) with the consent of another Federal agency, enter
into an agreement with that Federal agency to use, with
or without reimbursement, any service, equipment, per-
sonnel, or facility of that Federal agency.’’.
SEC. 907. DEFENSE SCIENCE BOARD STUDY ON OPTIMAL ORGANIZA-
TIONAL STRUCTURE FOR DIGITAL SOLUTION AND SOFT-
WARE DELIVERY.
(a) STUDY REQUIRED.—The Secretary of Defense shall direct
the Defense Science Board to conduct a comprehensive study to
evaluate and recommend the most optimal organizational structure
within the Office of the Secretary of Defense to align and maximize
the output of digital solutions engineering and software delivery
activities across the Department of Defense.
(b) ELEMENTS.—The study required under subsection (a) shall
include the following elements:
(1) An assessment of existing organizational structures and
organizations supporting digital solutions engineering and soft-
ware delivery across the Department of Defense, including—
(A)
current
responsibilities,
requirements,
and
deliverables of software delivery organizations across the
Department of Defense;
(B) limitations based on current enterprise data
management platforms;
(C) optimization of resource allocation and utilization
processes; and
(D) integration challenges and opportunities with
Department-wide digital solution engineering and software
delivery initiatives.
(2) An evaluation of potential organizational courses of
action for supporting digital solutions engineering within the
Office of the Secretary of Defense, including—
(A) establishment of a new defense agency or Depart-
ment of Defense field activity;
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(B) integration into an existing defense agency or
Department of Defense field activity;
(C) consolidation of digital development functions
within existing Office of the Secretary of Defense staff
organizations;
(D) optimization of current organizational structures
and authorities;
(E) hybrid approaches combining elements of the
options described in subparagraphs (A), (B), (C), and (D);
and
(F) any other organizational structures deemed appro-
priate by the Defense Science Board.
(3) Recommendations on the selection of the optimal
organizational structure, including—
(A) analysis of the advantages and disadvantages of
each course of action evaluated under paragraph (2);
(B) evaluation of cost-effectiveness and resource
implications;
(C) application of lessons from similar industry or aca-
demic entities performing similar work;
(D) consideration of governance and execution frame-
work requirements;
(E) assessment of the implementation of and execution
of governance structures, including artificial intelligence
model management; and
(F) recommendations for unique acquisition authorities
to support rapid digital solutions engineering and deploy-
ment.
(4) Transition recommendations for implementing the
selected organizational structure, including—
(A) detailed implementation timeline and milestones;
(B) resource requirements and funding mechanisms;
and
(C) legislative or regulatory changes needed.
(c) REPORT.—
(1) TRANSMITTAL TO SECRETARY.—Not later than February
1, 2027, the Board shall transmit to the Secretary of Defense
a final report on the study conducted pursuant to subsection
(a).
(2) TRANSMITTAL TO CONGRESS.—Not later than 30 days
after the date on which the Secretary receives the final report
under paragraph (1), the Secretary shall submit the report
to the congressional defense committees, together with such
comments as the Secretary considers appropriate.
(d) DEFINITIONS.—In this section:
(1) DIGITAL SOLUTIONS ENGINEERING.—The term ‘‘digital
solutions engineering’’ means the development, deployment, and
sustainment of artificial intelligence systems, software applica-
tions, data engineering solutions, data analytics platforms, and
other digital technologies for operational and business purposes.
(2) SOFTWARE DELIVERY ORGANIZATIONS.—The term ‘‘soft-
ware delivery organizations’’ means organizational units dedi-
cated to the rapid development, deployment, and sustainment
of software applications and digital solutions.
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Subtitle B—Other Department of Defense
Organization and Management Matters
SEC. 911. REMOVAL OF MEMBERS OF JOINT CHIEFS OF STAFF AND
COMBATANT COMMANDERS.
(a) JOINT CHIEFS OF STAFF.—Section 151 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(h) REMOVAL OF MEMBERS OF JOINT CHIEFS OF STAFF.—(1)
If the President removes a member of the Joint Chiefs of Staff
from office or transfers a member of the Joint Chiefs of Staff
to another position or location before the end of the term of the
member as specified in statute, the President shall, not later than
five days after the removal or transfer takes effect, submit to
Congress, including the congressional defense committees, notice
that the member is being removed or transferred and a statement
of the reason for the removal or transfer.
‘‘(2) Nothing in this subsection prohibits a personnel action
authorized by another provision of law.’’.
(b) COMBATANT
COMMANDERS.—Section 164(a) of title 10,
United States Code, is amended by adding at the end the following
new paragraph:
‘‘(3)(A) If the President removes an officer assigned under para-
graph (1) to serve as the commander of a unified or specified
combatant command or transfers that officer to another position
or location before the expected end of the officer’s service as a
combatant commander, the President shall, not later than five
days after the removal or transfer takes effect, submit to Congress,
including the congressional defense committees, notice that the
officer is being removed or transferred and a statement of the
reason for the removal or transfer.
‘‘(B) Nothing in this paragraph prohibits a personnel action
authorized by another provision of law.’’.
SEC. 912. JOINT INTERAGENCY TASK FORCE 401.
(a) IN GENERAL.—Subchapter I of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 199. Joint Interagency Task Force 401
‘‘(a) ESTABLISHMENT.—There is established in the Department
of Defense a joint activity to be known as the ‘Joint Interagency
Task Force 401’ (referred to in this section as the ‘Task Force’).
‘‘(b) DIRECTOR.—
‘‘(1) There is a Director of the Task Force (referred to
in this section as the ‘Director’) who shall be appointed by
the Secretary of Defense from among personnel of the Depart-
ment of Defense who are—
‘‘(A) general or flag officers of the covered armed forces;
or
‘‘(B) members of the Senior Executive Service.
‘‘(2) The Director shall report directly to the Deputy Sec-
retary of Defense and shall serve as the principal advisor
to the Deputy Secretary and the Chairman of the Joint Chiefs
of Staff on counter-small unmanned aircraft system matters.
‘‘(c) ORGANIZATION.—The Task Force shall—
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‘‘(1) be designated as a jointly manned activity with full
joint manning support from the covered armed forces as deter-
mined by the Director; and
‘‘(2) shall consist of such other subordinate organizational
elements as the Director determines appropriate, subject to
the authority, direction, and control of the Secretary of Defense
with support from designated organizational elements within
the Office of the Secretary of Defense as determined by the
Director in coordination with the Secretary.
‘‘(d) RESPONSIBILITIES.—The responsibilities of the Task Force
shall include the following:
‘‘(1) Lead, advocate, coordinate, and focus all Department
of Defense actions in support of efforts of the combatant com-
mands and the covered armed forces to defeat small unmanned
aircraft systems (referred to in this section as ‘sUAS’) as
weapons of strategic influence.
‘‘(2) Integrate all counter-sUAS solutions throughout the
Department of Defense, seeking interagency participation and
assistance as necessary.
‘‘(3) Develop and share counter-sUAS training tools, exper-
tise, and tactics, techniques, and procedures for components
of the Department of Defense that address needs of the joint
force.
‘‘(4) Coordinate efforts across the Department of Defense
to develop, test, evaluate, and procure counter-sUAS kinetic
and non-kinetic defeat capabilities.
‘‘(5) Carry out the counter-sUAS validation and acquisition
responsibilities described in subsections (e) and (f).
‘‘(6) Develop and regularly update a counter-sUAS strategic
plan.
‘‘(7) Carry out such other activities relating to counter-
sUAS as the Secretary of Defense determines appropriate.
‘‘(e) APPROVAL AND VALIDATION OF COUNTER-SUAS SYSTEMS.—
‘‘(1) The Task Force shall serve as the entity within the
Department of Defense with primary responsibility for the
validation and approval of counter-sUAS systems for procure-
ment and use by the Department.
‘‘(2) In coordination with other components of the Depart-
ment of Defense, the Director shall develop, maintain, and
regularly update a list of counter-sUAS systems that are vali-
dated and approved for procurement and use by the Department
as described in paragraph (1). The Director shall ensure that
each counter-sUAS system on the list has been vetted by the
Task Force and has proven to be effective for use by the
Department in countering sUAS.
‘‘(3) Except as provided in paragraph (4), no component
of the Department of Defense may procure a counter-sUAS
system unless such system—
‘‘(A) has been validated and approved by the Task
Force under paragraph (1); and
‘‘(B) is included on the list maintained under paragraph
(2).
‘‘(4) The service acquisition executive of the military depart-
ment concerned (in the case of a procurement by a military
department) or the Under Secretary of Defense for Acquisition
and Sustainment (in the case of a procurement not under
the authority of a service acquisition executive) may waive
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the restriction under paragraph (3), on a case-by-case basis,
by submitting to the congressional defense committees—
‘‘(A) notice of the intent to issue such a waiver; and
‘‘(B) an explanation of the reasons for issuing the
waiver.
‘‘(f) ACQUISITION DIVISION.—The Director shall establish and
maintain an acquisition division within the Task Force. The acquisi-
tion division shall—
‘‘(1) include acquisition professionals from relevant portfolio
acquisition executives (as described in section 1732 of this
title) within each covered armed force;
‘‘(2) support and facilitate efforts of the Director and cov-
ered armed forces—
‘‘(A) to budget and plan for the integration and
sustainment of counter-sUAS capabilities that are approved
and validated by the Task Force under subsection (e); and
‘‘(B) to efficiently and effectively transition such
capabilities into operational use; and
‘‘(3) have such other duties and responsibilities as the
Director determines appropriate.
‘‘(g) ANNUAL REPORTS.—On an annual basis, the Director shall
submit to the congressional defense committees a report that
includes a summary of the activities of the Task Force over the
period covered by the report, including a description of—
‘‘(1) the progress of the Task Force in carrying out the
requirements of this section;
‘‘(2) the metrics used to measure such progress; and
‘‘(3) recommendations for congressional consideration.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘counter-sUAS system’ means a system or
device capable of lawfully and safely disabling, disrupting, or
seizing control of a small unmanned aircraft or small unmanned
aircraft system.
‘‘(2) The term ‘covered armed forces’ means the Army,
Navy, Air Force, Marine Corps, and Space Force.
‘‘(3) The terms ‘small unmanned aircraft’, ‘unmanned air-
craft’, and ‘unmanned aircraft system’ have the meanings given
those terms in section 44801 of title 49.’’.
(b) REVIEW OF COUNTER-UNMANNED AIRCRAFT SYSTEM READI-
NESS.—
(1) REVIEW.—The Director of the Joint Interagency Task
Force 401, in coordination with the Secretaries of the military
departments, shall conduct a review to identify differences in
the interpretation and application of section 130i of title 10,
United States Code, among the military departments.
(2) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional defense committees a report on the results of
the review conducted under paragraph (1). The report shall
include a description of each of the following:
(A) Differences identified in the interpretation and
application of section 130i of title 10, United States Code,
among the military departments, including differences with
respect to—
(i) interpretations of the term ‘‘covered facility or
asset’’;
S. 1071—301
(ii) the application of modern best practices for
counter-UAS systems to each type of covered facility
or asset; and
(iii) divergent, unrealistic, or unnecessarily limited
legal interpretations of the term ‘‘covered facility or
asset’’.
(B) The plan of the Director to remedy, without changes
to the underlying law, the differences in legal interpreta-
tions and applications identified under subparagraph (A).
(C) Any resources required to expedite and modernize
site
evaluations,
including
electromagnetic
spectrum
evaluations required for the deployment of counter-UAS
systems and site surveys described in section 1089 of this
Act.
(D) Suggestions to improve the role of the United
States Northern Command as a synchronizing body for
homeland counter-UAS systems deployed at covered facili-
ties or assets.
(E) The strategy of the Director for retrofitting and
modernizing military installations and depots for testing
counter-UAS systems and an identification of any policy,
legal, or regulatory challenges to carrying out such a
strategy.
(3) DEFINITION.—In this subsection, the term ‘‘counter-UAS
system’’ has the meaning given that term in section 44801
of title 49, United States Code.
(c) STRATEGY AND FUNDING PLAN.—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 that
includes—
(1) a strategy to ensure the Joint Interagency Task Force
401 has the funding and other resources necessary to execute
its responsibilities, as required under section 199 of title 10,
United States Code (as added by subsection (a)); and
(2) a plan for funding the Task Force across the period
covered by the most recent future-years defense program sub-
mitted to Congress under section 221 of title 10, United States
Code (as of the date of the report).
(d) COUNTER UNMANNED AERIAL SYSTEM THREAT LIBRARY.—
Section 353 of the National Defense Authorization Act for Fiscal
Year 2025 (Public Law 118–159; 10 U.S.C. 130i note) is amended—
(1) in subsection (a), by striking ‘‘Not later’’ and all that
follows through ‘‘Office,’’ and inserting ‘‘Not later than June
30, 2027, the Director of the Joint Interagency Task Force
401’’; and
(2) in subsection (c)—
(A) by striking ‘‘The Secretary’’ and all that follows
through ‘‘Office,’’ and inserting ‘‘The Director of the Joint
Interagency Task Force 401’’; and
(B) by striking ‘‘the Secretary of the Army’’ and
inserting ‘‘the Director’’.
SEC. 913. AUTHORITY TO ESTABLISH REGIONAL OUTREACH CENTERS
FOR THE DEFENSE INNOVATION UNIT.
Section 4127 of title 10, United States Code, is amended—
(1) by redesignating subsection (f) as subsection (g); and
S. 1071—302
(2) by inserting after subsection (e) the following new sub-
section:
‘‘(f) REGIONAL OUTREACH CENTERS.—
‘‘(1) IN GENERAL.—The Director may establish and maintain
regional offices of the Unit at locations within and outside
the United States for purposes of conducting outreach to and
streamlining interactions between the Unit and the private
sector, academia, and other mission partners.
‘‘(2) SELECTION
CRITERIA
AND
OTHER
GUIDANCE.—In the
event the Director exercises the authority to establish and
maintain regional offices under paragraph (1), the Director
shall—
‘‘(A) develop a strategy and criteria for the selection
of locations for such offices;
‘‘(B) issue any rules, regulations, policies, or guidance
necessary for the operation of such offices; and
‘‘(C) make the information described in subparagraphs
(A) and (B) available on a publicly accessible website of
the Department of Defense.’’.
SEC. 914. SMALL-UAS INDUSTRIAL BASE WORKING GROUP.
(a) ESTABLISHMENT.—Not later than January 15, 2026, the
Deputy Secretary of Defense shall establish a working group to
be known as the ‘‘Small-UAS Industrial Base Working Group’’
(referred to in this section as the ‘‘Working Group’’) to analyze
the supplier base for small-UAS systems and recommend invest-
ments or other actions to improve such supplier base.
(b) MEMBERS.—The Working Group shall be composed of the
following members:
(1) The Deputy Secretary of Defense.
(2) The Assistant Secretary of Defense for Industrial Base
Policy.
(3) The Director of the Defense Autonomous Warfare
Group.
(4) One or more representatives of the Defense Innovation
Unit.
(5) The service acquisition executive of each military
department.
(6) One or more representatives from the Army Materiel
Command.
(7) One or more representatives from the United States
Special Operations Command.
(8) Such other members as the Deputy Secretary of Defense
determines appropriate.
(c) DIRECTOR OF WORKING GROUP.—The Director of the Defense
Autonomous Warfare Group shall serve as the Director of the
Working Group.
(d) RESPONSIBILITIES.—The Working Group shall have the fol-
lowing responsibilities:
(1) Analyzing the current capacity of the sUAS industrial
base, including manufacturers of complete sUAS systems and
suppliers of components for such systems.
(2) Identifying likely investments by entities in the sUAS
industrial base to remediate fragile supply chains and supply
chains for systems or components for which there are limited
or no domestic suppliers, taking into account reasonable esti-
mates of Federal Government and commercial demand and
S. 1071—303
ensuring that private investment is leveraged to the greatest
extent practicable.
(3) Developing plans for investments and other actions
to remediate fragile or non-U.S. suppliers, including the fol-
lowing:
(A) Continued Federal Government purchases of
significant numbers of sUAS systems.
(B) Partnerships between entities in the sUAS indus-
trial base and the Federal Government, including—
(i) the SkyFoundry initiative of the Army Materiel
Command;
(ii) arrangements for companies in the sUAS
industrial
base
to
operate
commercially-owned,
commercially-operated production facilities on sites
within the United States organic industrial base;
(iii) arrangements for the establishment of Govern-
ment-owned, contractor-operated sUAS component
production facilities on such sites; and
(iv) arrangements for the establishment of Govern-
ment-owned, Government-operated sUAS component
production facilities on such sites.
(C) Identifying sUAS capabilities that are required by
the Army, Navy, Air Force, Marine Corps, and Space Force,
but which commercial industry cannot or is not expected
to fulfill.
(D) Identifying opportunities for public-private partner-
ships to support the incubation and innovation of sUAS
technology.
(4) Identifying potential changes in qualification processes
for sUAS components that could enable greater commercial
production of such components and sUAS systems.
(e) REPORTS.—
(1) INITIAL
REPORT.—Not later than April 1, 2026, the
Working Group shall submit to the Deputy Secretary of Defense
and the congressional defense committees a report that
includes—
(A) an initial assessment of the sUAS industrial base;
(B) a summary of the aggregate demand signal made
by the Federal Government for sUAS production as of
the date of the report;
(C) a summary of the future projected demand signal
by the Federal Government for sUAS production;
(D) a description of the likely investments in the sUAS
component supplier base by commercial industry over the
period of 18 months following the date of the report;
(E) recommendations for investments or other actions
to strengthen the sUAS industrial base to optimally meet
aggregate Federal Government and commercial demand;
and
(F) an assessment of the Sky Foundry initiative of
the Army to determine how that initiative is expected
to—
(i) assist the Army in meeting its sUAS require-
ments at a competitive cost; and
(ii) materially impact the health of the sUAS
industrial base.
S. 1071—304
(2) BIANNUAL
REPORTS.—Not less frequently than once
every 180 days following the submittal of the initial report
under paragraph (1), the Working Group shall submit to the
Deputy Secretary of Defense and the congressional defense
committees an updated version of the report.
(f) AUTHORIZATION OF SKYFOUNDRY PROGRAM.—The Secretary
of the Army may establish a SkyFoundry program if—
(1) the Working Group has submitted the initial report
required under subsection (e)(1) to the congressional defense
committees; and
(2) the Deputy Secretary of Defense certifies to such
committees that the SkyFoundry program—
(A) will improve the ability of the Army to rapidly
field sUAS systems at a competitive cost; and
(B) will not negatively impact the commercial sUAS
industrial base.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘small-UAS’’ or ‘‘sUAS’’ means an unmanned
aircraft system designated as Group 1, Group 2, or Group
3 in the Unmanned Aircraft Systems Categorization Chart
set forth in chapter III of the Department of Defense Joint
Publication 3-30 (relating to ‘‘Joint Air Operations’’), or any
successor to such categorization system.
(2) The term ‘‘sUAS component’’ means any of following
components for sUAS systems:
(A) Brushless motors.
(B) Batteries.
(C) Antennae.
(D) Flight controllers, including printed circuit boards.
(E) Wiring harnesses.
(F) Rotors.
(G) Blades and propellers.
(H) Chassis, bodies, and frames.
(I) Sensors, including electro-optical and infra-red sen-
sors, GPS, and other such sensors.
SEC. 915. TEMPORARY PROHIBITION ON DISESTABLISHMENT OF NAVY
EXPEDITIONARY COMBAT COMMAND PACIFIC.
(a) IN GENERAL.—During the one-year period beginning on
the date of the enactment of this Act, the Secretary of the Navy
may not take any action to disestablish the Navy Expeditionary
Combat Command Pacific located at Joint Base Pearl Harbor-
Hickam.
(b) BRIEFING REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Navy (or
a designee of the Secretary) shall provide to the Committees on
Armed Services of the Senate and the House of Representatives
a briefing on—
(1) the status of the decision of the Secretary with respect
to the disestablishment of the Navy Expeditionary Combat
Command Pacific; and
(2) the strategic rationale, cost, and benefits of such dis-
establishment.
S. 1071—305
SEC. 916. LIMITATION ON AVAILABILITY OF FUNDS FOR MODIFICATION
OR CONSOLIDATION OF GEOGRAPHIC COMBATANT COM-
MANDS.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for the Department of Defense may be obligated or expended
to carry out an action described in subsection (b) until a period
of 60 days has elapsed following the date on which the Secretary
of Defense submits the certification and all other information
required under subsection (c) with respect to such action.
(b) ACTIONS DESCRIBED.—The actions described in this sub-
section are the following:
(1) Modifying or combining the missions, responsibilities,
or force structure of any a geographic combatant command
as set forth in chapter 6 of title 10, United States Code, with
those of any other command.
(2) Appointing an officer in a grade below O–10 to serve
as the Commander of any geographic combatant command.
(3) Divesting, consolidating, or returning to a host country
any site included in the real property inventory of a geographic
combatant command as of June 1, 2025.
(c) CERTIFICATION AND OTHER INFORMATION REQUIRED.—The
Secretary of Defense shall submit to the congressional defense
committees each of the following with respect to any action
described in subsection (b) that is proposed to be taken by the
Secretary:
(1) A certification that, in the determination of the Sec-
retary, undertaken with appropriate consultations with inter-
national partners, the action is in the national security interest
of the United States.
(2) A detailed analysis of the impact of such action on—
(A) the ability of the Armed Forces to execute contin-
gency and other operational plans of the Department of
Defense, including counterterrorism operations and crisis
response operations, and the ability of the Armed Forces
to support such execution;
(B) the ability of the United States to maintain access
in the affected geographic command’s area of responsibility,
including to protect the freedom of navigation;
(C) military training and major military exercises,
including on interoperability, security cooperation, and joint
activities with allies and partners; and
(D) United States deterrence of potential threats,
including those that may be posed by the People’s Republic
of China and the Russian Federation, and the adequacy
of United States military posture in the affected geographic
command’s area of responsibilities for such purposes.
(3) A detailed analysis of the costs for relocation of per-
sonnel, equipment, and associated infrastructure.
(4) A description of consultations regarding such action
with each relevant ally or partner.
(5) Independent risk assessments prepared by the Com-
manders of the affected geographic combatant commands, the
Chairman of the Joint Chiefs of Staff, and any other combatant
commander that may be affected by such action, of—
(A) the impact of such action on the security of the
United States;
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(B) the impact of such action on the ability of the
Armed Forces to execute campaign and contingency plans
of the Department of Defense, including in support of oper-
ations outside the area of responsibility of the affected
geographic combatant commands; and
(C) the impact of such action on military training and
major military exercises, including on interoperability and
joint activities with regional allies and partners.
(d) CONSULTATION.—In preparing the certification and other
information required under subsection (c) the Secretary of Defense
shall consult with Commanders in the affected geographic combat-
ant command’s area of responsibility and the commander of any
other geographic combatant command expected to be affected by
an action described in subsection (b).
(e) FORM.—
(1) CERTIFICATION.—The certification required by sub-
section (c)(1) shall be submitted in unclassified form.
(2) OTHER
INFORMATION.—The information described in
paragraphs (2) through (5) of subsection (c) may be submitted
in classified form.
(3) SPECIAL RULE FOR INDEPENDENT RISK ASSESSMENTS.—
Each independent risk assessment required by subsection (c)(5)
shall be submitted in unaltered format.
SEC. 917. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ARMY
PENDING SUBMITTAL OF PLAN ON THE PROPOSED
INTEGRATION OF THE JOINT MUNITIONS COMMAND AND
THE ARMY SUSTAINMENT COMMAND.
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for the Army may be obligated or expended to take any
action described in subsection (b) with respect to the Joint Muni-
tions Command and the Army Sustainment Command (referred
to in this section collectively as the ‘‘Commands’’) until the Secretary
of the Army submits to the Committees on Armed Services of
the Senate and the House of Representatives a report regarding
the proposed plan of the Secretary to integrate the Commands.
(b) ACTIONS DESCRIBED.—The actions described in this sub-
section are any actions to integrate or otherwise restructure the
Commands, including through—
(1) changing the numbers, duty locations, or responsibilities
of personnel under the Commands; or
(2) modifying leadership or reporting chains of the Com-
mands.
(c) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A detailed comparison of the organizational structures
of the Commands (as in effect on the date of the enactment
of this Act) compared to the proposed organizational structures
of such Commands if integrated as proposed by the Secretary
of the Army, including any associated changes to reporting
chains, leadership roles, and workforce.
(2) The planned timeline for implementation of such
integration.
(3) Any plans for changing the numbers, duty locations,
or responsibilities of personnel under the Commands.
(4) A mission justification for the proposed integration.
S. 1071—307
(5) An assessment of the short-term and long-term impacts
of the proposed integration on the readiness of the Army and
the Department of Defense to conduct the missions of the
Commands and the plan of the Army for mitigating those
impacts.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation of reporting requirements relating to Department of De-
fense financial improvement and audit remediation plan.
Sec. 1003. Concurrent reporting date for annual update to Defense Business Sys-
tems Audit Remediation Plan and Department of Defense annual finan-
cial statements.
Sec. 1004. Amendments and repeals to budgetary display requirements.
Sec. 1005. Extension of audit requirement for Department of Defense components.
Sec. 1006. Reporting requirements for amounts made available pursuant to title II
of Public Law 119–21.
Sec. 1007. Use of technology using artificial intelligence to facilitate audit of the fi-
nancial statements of the Department of Defense for fiscal year 2026.
Subtitle B—Counterdrug Activities
Sec. 1010. Support for counterdrug activities and activities to counter transnational
organized crime.
Subtitle C—Naval Vessels and Shipyards
Sec. 1011. Requirements for amphibious warfare ship force structure.
Sec. 1012. Definition of short-term work for purposes of Navy construction of com-
batant and escort vessels and assignment of vessel projects.
Sec. 1013. Navy Senior Technical Authority.
Sec. 1014. Overhaul, repair, and maintenance of vessels in the Commonwealth of
the Northern Mariana Islands.
Sec. 1015. Allocation of certain operation and maintenance funds for Navy amphib-
ious ship maintenance.
Sec. 1016. Metrics for basic and functional design for ship construction.
Sec. 1017. Authority for single award indefinite delivery-indefinite quantity con-
tract for destroyer maintenance.
Sec. 1018. Limitation on availability of funds to retire or decommission oceano-
graphic research vessels of the Navy.
Sec. 1019. Strategy for Navy investment in and support for the maritime industrial
base.
Sec. 1020. Exemption of unmanned surface vessels and unmanned underwater ve-
hicles from certain technical authority requirements.
Sec. 1021. Pilot program on use of automated shipbuilding technologies and capa-
bilities.
Sec. 1022. Modification of authority to purchase used vessels under the National
Defense Sealift Fund.
Subtitle D—Counterterrorism
Sec. 1031. Extension of authority for joint task forces to support law enforcement
agencies conducting counter-terrorism activities.
Sec. 1032. 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. 1033. Extension of prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for transfer or release of indi-
viduals detained at United States Naval Station, Guantanamo Bay,
Cuba, to certain countries.
Sec. 1035. 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. 1041. Modification of authority to provide assistance in support of Department
of Defense accounting for missing United States Government personnel.
S. 1071—308
Sec. 1042. Senior leaders of the Department of Defense and other specified persons:
authority to provide protection.
Sec. 1043. Modification of requirements relating to support of civil authorities by
Armed Forces.
Sec. 1044. Authority of Secretary of Defense to enter into contracts to provide cer-
tain assistance to secure the southern land border of the United States.
Sec. 1045. Limitation on use of funds to relocate or otherwise remove the Maritime
Industrial Base Program.
Sec. 1046. Limitation on retirement of Gray Eagle unmanned aircraft systems.
Sec. 1047. Authority to transfer T–37 aircraft to Arizona Aviation Historical Group.
Sec. 1048. Authorization of Eastern Regional Range Complex for multi-domain op-
erations and robotic autonomous systems training, testing, and experi-
mentation.
Sec. 1049. Limitation on use of funds for deactivation of Expeditionary Combat
Aviation Brigades.
Sec. 1050.
Prohibition on use of live animals in Department of Defense live fire
trauma training.
Sec. 1051. Prohibition on destruction or scrapping of World War II–era aircraft.
Sec. 1052. Limitation on availability of funds for travel expenses of the Office of the
Secretary of Defense.
Sec. 1053. Congressional notification of support for immigration enforcement oper-
ations.
Subtitle F—Studies and Reports
Sec. 1061. Notification of waivers under Department of Defense Directive 3000.09.
Sec. 1062. Modifications to authority for transfer and sale of certain surplus fire-
arms, ammunition, and parts.
Sec. 1063. Extension of mobility capability requirements study.
Sec. 1064. Extension of briefing requirement regarding civil authorities at the
Southwest border.
Sec. 1065. Extension of biennial assessments of Air Force Test Center.
Sec. 1066. Reports on installation of certain collision avoidance systems in military
rotary-wing aircraft.
Sec. 1067. Cybersecurity and resilience annex in Strategic Rail Corridor Network
assessments.
Sec. 1068. GAO review and report on biological weapons experiments on and in re-
lation to ticks, tick-borne disease.
Sec. 1069. Briefings on expenditures or planned expenditures of funds allocated for
exploration and development of existing Arctic infrastructure.
Sec. 1070. Semiannual report on Department of Defense operations at the southern
land border.
Sec. 1071. Assessment on potential establishment of incubator programs for secure
facilities and networks at universities.
Subtitle G—Other Matters
Sec. 1081. Extension of the National Commission on the Future of the Navy.
Sec. 1082. Federal agency support for Afghanistan War Commission.
Sec. 1083. Provision of contract authority to Afghanistan War Commission.
Sec. 1084. Reauthorization of Servicewomen’s Commemorative Partnership.
Sec. 1085. AUKUS Improvement Act of 2025.
Sec. 1086. Framework for reforming technology transfer and foreign disclosure poli-
cies.
Sec. 1087. Procurement and distribution of sports foods and dietary supplements to
members of the Armed Forces assigned to the United States Special Op-
erations Command.
Sec. 1088. Pilot program on enhanced use of advanced sensor networks to improve
Air Force counter-unmanned aircraft system capabilities for base de-
fense.
Sec. 1089. Pilot program and other requirements for accelerating protection of cer-
tain facilities and assets from unmanned aircraft.
Sec. 1090. Process for complaints and investigations of transportation service pro-
viders and transportation officers.
Sec. 1091. Declassification of certain records relating to Tower 22 attack.
Sec. 1092. Updates and preservation of memorials to chaplains at Arlington Na-
tional Cemetery.
Sec. 1093. Critical infrastructure compatibility tabletop exercise.
Sec. 1094. Irregular Warfare Exercise Laboratory.
Sec. 1095. Commission on the National Defense Strategy.
S. 1071—309
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 2026 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).
SEC. 1002. CONSOLIDATION OF REPORTING REQUIREMENTS RELATING
TO DEPARTMENT OF DEFENSE FINANCIAL IMPROVEMENT
AND AUDIT REMEDIATION PLAN.
(a) FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.—
Section 240b of title 10, United States Code, is amended—
(1) in subsection (a)(2)(A)—
(A) in clause (iv), by striking ‘‘and’’ at the end;
(B) in clause (v), by striking ‘‘and’’ at the end; and
(C) by adding at the end the following new clauses:
‘‘(vi) meeting resource requirements, including per-
sonnel and information technology infrastructure; and
‘‘(vii) identifying long-range goals and measurable
objectives, including audit cycle timelines, control
testing frequency, and auditor-validated corrective
action plans; and’’; and
(2) in subsection (b)—
(A) in paragraph (1)(B), by adding at the end the
following new clauses:
‘‘(ix) A detailed estimate of the funding required
for the next fiscal year to procure, obtain, or otherwise
S. 1071—310
implement each process, system, and technology identi-
fied to address the corrective action plan or plans
of each department, agency, component, or element
of the Department of Defense, and the corrective action
plan of the Department as a whole, for purposes of
this chapter during such fiscal year.
‘‘(x) The number and scope of automated processes
implemented,
including
reconciliation,
inventory
validation, and internal controls.’’;
(B) in paragraph (2), by striking subparagraph (B)
and inserting the following new subparagraph (B):
‘‘(B) The January 31 briefing under subparagraph (A) shall
include a ranking of all of the military departments and Defense
Agencies in order of how advanced each is in achieving
auditable financial statements, as required by law.’’;
(C) by redesignating paragraph (3) as paragraph (4);
(D) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) ANNUAL REPORT BY BOTTOM QUARTILE.—Not later than
June 30 of each year, the head of each military department
and Defense Agency that was ranked in the bottom quartile
of the report submitted under paragraph (2)(B) for that year
shall submit to the congressional defense committees a report
that includes the following information for that military depart-
ment or Defense Agency:
‘‘(A) A description of the material weaknesses of the
military department or Defense Agency.
‘‘(B) The underlying causes of such weaknesses.
‘‘(C) A plan for remediating such weaknesses.
‘‘(D) The total number of open audit notices of findings
and recommendations (in this paragraph referred to as
‘NFRs’) for the most recently concluded fiscal year and
the preceding two fiscal years, where applicable.
‘‘(E) The number of repeat or reissued NFRs from
the most recently concluded fiscal year.
‘‘(F) The number of NFRs that were previously fore-
casted to be closed during the most recently concluded
fiscal year that remain open.
‘‘(G) The number of closed NFRs during the current
fiscal year and prior fiscal years.
‘‘(H) The number of material weaknesses that were
validated by external auditors as fully resolved or down-
graded during the current fiscal year relative to prior fiscal
years.
‘‘(I) A breakdown, by fiscal year, of which open NFRs
are forecasted to be closed.
‘‘(J) Explanations for any unfavorable trends in the
information included under paragraphs (1) through (9).’’;
and
(E) in paragraph (4), as redesignated by subparagraph
(C) of this paragraph, by striking ‘‘the critical capabilities
described in the Department of Defense report titled ‘Finan-
cial Improvement and Audit Readiness (FIAR) Plan Status
Report’ and dated May 2016’’ and inserting ‘‘the financial
statement audit priorities designated by the Secretary of
Defense for the fiscal year in which the report is sub-
mitted’’.
S. 1071—311
(b) ANNUAL REPORTS
ON FUNDING
FOR CORRECTIVE ACTION
PLANS.—Section 1009 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 240b note)
is amended by striking subsection (c).
(c) ANNUAL REPORT ON AUDITABLE FINANCIAL STATEMENTS.—
Title 10, United States Code, is amended by striking section 240h.
SEC. 1003. CONCURRENT REPORTING DATE FOR ANNUAL UPDATE TO
DEFENSE BUSINESS SYSTEMS AUDIT REMEDIATION PLAN
AND DEPARTMENT OF DEFENSE ANNUAL FINANCIAL
STATEMENTS.
Section 240g(b) of title 10, United States Code, is amended
to read as follows:
‘‘(b) ANNUAL REPORT.—On the same date as the date of the
submission of the audited financial statements of the Department
of Defense required pursuant to section 240a of this title each
year, the Secretary of Defense shall submit to the congressional
defense committees an updated annual report on the Defense Busi-
ness Systems Audit Remediation Plan under subsection (a).’’.
SEC. 1004. AMENDMENTS AND REPEALS TO BUDGETARY DISPLAY
REQUIREMENTS.
(a) AMENDMENTS TO EXISTING LAW.—
(1) EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.—
Section 2284 of title 10, United States Code, is amended—
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2) BODY
ARMOR
PROCUREMENT.—Section 141 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111–84; 10 U.S.C. 221 note) is amended to read as follows:
‘‘SEC. 141. BODY ARMOR PROCUREMENT.
‘‘The Secretary of Defense shall ensure that body armor is
procured using funds authorized to be appropriated by this title.’’.
(b) REPEALS OF EXISTING LAW.—The following provisions of
law are repealed:
(1) EVALUATION
AND
ASSESSMENT
OF
THE
DISTRIBUTED
COMMON GROUND SYSTEM.—Section 219 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66;
10 U.S.C. 221 note).
(2) SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH
AND DEVELOPMENT OF JOINT LIGHT TACTICAL VEHICLE.—Section
213 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 221 note).
(3) SEPARATE PROCUREMENT LINE ITEMS FOR FUTURE COM-
BAT SYSTEMS PROGRAM.—Section 111 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110–417; 10 U.S.C. 221 note).
(4) SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION LINE ITEMS AND PROGRAM ELEMENTS
FOR SKY WARRIOR UNMANNED AERIAL SYSTEMS PROJECT.—Sec-
tion 214 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 221
note).
(5) REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR
AFGHANISTAN AND IRAQ.—Section 1502 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110–417; 10 U.S.C. 221 note).
S. 1071—312
SEC. 1005. 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 ‘‘2034’’ and inserting ‘‘2035’’.
SEC. 1006. REPORTING REQUIREMENTS FOR AMOUNTS MADE AVAIL-
ABLE PURSUANT TO TITLE II OF PUBLIC LAW 119–21.
(a) ANNUAL REPORTS.—At the time of the submission to Con-
gress of the budget of the President for each of fiscal years 2027
through 2029 pursuant to section 1105(a) of title 31, United States
Code, the Secretary of Defense shall submit to the congressional
defense committees the following, with respect to amounts made
available by title II of Public Law 119–21:
(1) Proposed allocations by account and by program, project,
or activity, with detailed justifications.
(2) P–1 and R–1 budget justification documents, which
shall identify the allocation of funds by program, project, and
activity.
(3) M–1 and O–1 budget justification documents, which
shall identify the allocation of funds by budget activity, activity
group, and sub-activity group.
(4) C–1 budget justification documents, which shall identify
the allocation of funds by component, location, and project
name.
(b) QUARTERLY REPORTS AND BRIEFINGS.—On a quarterly basis,
the Secretary of Defense shall—
(1) submit to the congressional defense committees a report
on the status of balances of projects and activities funded
using amounts described in subsection (a), including all
uncommitted, committed, and unobligated funds; and
(2) following the submission of each such report, provide
to the congressional defense a briefing on the matters covered
by the report.
SEC. 1007. USE OF TECHNOLOGY USING ARTIFICIAL INTELLIGENCE
TO FACILITATE AUDIT OF THE FINANCIAL STATEMENTS
OF THE DEPARTMENT OF DEFENSE FOR FISCAL YEAR
2026.
(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.
(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.
S. 1071—313
Subtitle B—Counterdrug Activities
SEC. 1010. SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES
TO COUNTER TRANSNATIONAL ORGANIZED CRIME.
Subsection (h)(3) of section 284 of title 10, United States Code,
is amended—
(1) in subparagraph (A)—
(A) in clause (ii), by striking ‘‘and’’ at the end; and
(B) by adding at the end the following new clauses:
‘‘(iv) a description of the arrangements, if any,
for the sustainment of the support, project, or purpose
and the source of funds to support sustainment of
the capabilities and performance outcomes achieved
using such support, if applicable;
‘‘(v) a description of the objectives for the support,
project, or purpose; and
‘‘(vi) information, including the amount, type, and
purpose, about the support provided to the agency
during the fiscal year for which the support is provided
with respect to—
‘‘(I) this section; or
‘‘(II) counterdrug activities authorized by sec-
tion 1033 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111
Stat. 1811).’’; and
(2) in subparagraph (B)(i), by striking ‘‘the Committees
on Armed Services of the Senate and House of Representatives’’
and inserting ‘‘the congressional defense committees’’.
Subtitle C—Naval Vessels and Shipyards
SEC. 1011. REQUIREMENTS FOR AMPHIBIOUS WARFARE SHIP FORCE
STRUCTURE.
Section 8062(e) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) the Navy prioritizes scheduled maintenance and repair
actions to maintain the minimum number of available amphib-
ious warfare ships to meet operational requirements.’’.
SEC. 1012. DEFINITION OF SHORT-TERM WORK FOR PURPOSES OF
NAVY CONSTRUCTION OF COMBATANT AND ESCORT VES-
SELS AND ASSIGNMENT OF VESSEL PROJECTS.
Section 8669a(c)(4) of title 10, United States Code, is amended
by striking ‘‘12 months’’ and inserting ‘‘18 months’’.
SEC. 1013. NAVY SENIOR TECHNICAL AUTHORITY.
Section 8669b of title 10, United States Code, is amended—
(1) in subsection (a)(2), by amending subparagraph (B)
to read as follows:
‘‘(B) reports directly to the portfolio acquisition execu-
tive, established under section 1732 of this title.’’; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ before ‘‘Each Senior’’; and
S. 1071—314
(B) by adding at the end the following new paragraph:
‘‘(2) Each Senior Technical Authority shall also be responsible
for the determination that all design requirements for a vessel
class are directly related to a key performance parameter or key
system attribute established in the capability development docu-
ment for such class. Any such requirement that the Senior Technical
Authority determines is unnecessary to meet a key performance
parameter or key system attribute shall not be approved.’’.
SEC. 1014. OVERHAUL, REPAIR, AND MAINTENANCE OF VESSELS IN
THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
Section 8680 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the heading, by striking ‘‘UNITED STATES OR
GUAM’’ and inserting ‘‘UNITED STATES, GUAM, OR COMMON-
WEALTH OF THE NORTHERN MARIANA ISLANDS’’; and
(B) by striking ‘‘the United States or Guam’’ each place
it appears and inserting ‘‘the United States, Guam, or
the Commonwealth of the Northern Mariana Islands’’; and
(2) in subsection (d), by striking ‘‘the United States or
Guam’’ and inserting ‘‘the United States, Guam, or the
Commonwealth of the Northern Mariana Islands’’.
SEC. 1015. ALLOCATION OF CERTAIN OPERATION AND MAINTENANCE
FUNDS FOR NAVY AMPHIBIOUS SHIP MAINTENANCE.
(a) ALLOCATION OF FISCAL YEAR 2026 FUNDS.—Of the funds
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2026 for operation and maintenance, Navy
for ship maintenance, the Secretary of the Navy shall ensure that
such funds are allocated to provide, on a per capita basis, an
equal or greater amount of funding for each amphibious warfare
ship that enters into maintenance availability during fiscal year
2026 relative to the amount of funding provided for each surface
combatant ship.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘amphibious warfare ship’’ has the meaning
given that term in section 8062(h) of title 10, United States
Code.
(2) The term ‘‘surface combatant ship’’—
(A) means a surface ship that is designed primarily
to engage in attacks against airborne, surface, subsurface,
and shore targets; and
(B) includes any—
(i) guided missile cruiser;
(ii) guided missile destroyer;
(iii) guided missile frigate; and
(iv) littoral combat ship.
SEC. 1016. METRICS FOR BASIC AND FUNCTIONAL DESIGN FOR SHIP
CONSTRUCTION.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall select
a metric to measure the progression of basic and functional design
with respect to the construction of ships.
(b) REPORT.—Not later than 45 days after the selection of
a metric under subsection (a), the Secretary of the Navy shall
S. 1071—315
submit to the congressional defense committees a report on such
metric that includes the justification for the selection of the metric.
(c) BASIC AND FUNCTIONAL DESIGN.—In this section, the term
‘‘basic and functional design’’ has the meaning given such term
in section 8669c(1) of title 10, United States Code.
SEC. 1017. AUTHORITY FOR SINGLE AWARD INDEFINITE DELIVERY-
INDEFINITE
QUANTITY
CONTRACT
FOR
DESTROYER
MAINTENANCE.
The Secretary of the Navy shall seek to enter into a multi-
year single award indefinite delivery-indefinite quantity contract
to provide for the maintenance of the DDG–1000 class of destroyers.
SEC. 1018. LIMITATION ON AVAILABILITY OF FUNDS TO RETIRE OR
DECOMMISSION OCEANOGRAPHIC RESEARCH VESSELS
OF THE NAVY.
None of the funds authorized to be appropriated by this Act
for fiscal year 2026 may be obligated or expended to retire or
decommission, prepare to retire or decommission, or place in stor-
age, any oceanographic research vessel of the Navy unless the
Secretary of the Navy has identified and acquired a suitable replace-
ment vessel for conducting the research that has been conducted
by the vessel selected for retirement or decommissioning.
SEC. 1019. STRATEGY FOR NAVY INVESTMENT IN AND SUPPORT FOR
THE MARITIME INDUSTRIAL BASE.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall develop
and implement a strategy for investing in and supporting the mari-
time industrial base to address cost and schedule challenges for
surface and submarine shipbuilding programs.
(b) ELEMENTS.—The strategy under subsection (a) shall—
(1) focus on ensuring reliable supplies of sequence critical
components for submarine and surface shipbuilding programs;
and
(2) include measures—
(A) to identify key performance indicators to measure
return on investment;
(B) to centralize data collection to support further anal-
ysis of maritime industrial base performance; and
(C) to apply artificial intelligence to monitor and pre-
dict potential supply chain challenges, including potential
disruptions, material shortages, delivery delays, and other
such factors.
(c) REPORT.—Following completion of the strategy required
under subsection (a), but not later than 210 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on the
strategy. The report shall include—
(1) a summary of the strategy;
(2) timelines for implementation of the strategy; and
(3) an explanation of how the strategy is expected to
address cost and schedule challenges for surface and submarine
shipbuilding programs.
S. 1071—316
SEC. 1020. EXEMPTION OF UNMANNED SURFACE VESSELS AND
UNMANNED UNDERWATER VEHICLES FROM CERTAIN
TECHNICAL AUTHORITY REQUIREMENTS.
(a) EXEMPTION FROM SENIOR TECHNICAL AUTHORITY REQUIRE-
MENTS.—Unmanned surface vessels and unmanned underwater
vehicles acquired or developed by the Department of the Navy
are exempt from any requirement for oversight by a senior technical
authority established under section 8669b of title 10, United States
Code, except the requirements, specifications, and approvals
described in subsection (c).
(b) LIMITATION RELATING TO OFFICE OF THE CHIEF ENGINEER.—
Subject to subsection (c), the Chief Engineer of the Naval Sea
Systems Command may not establish any requirement, specifica-
tion, or approval for an unmanned surface vessel or an unmanned
underwater vehicle unless such action is approved in advance by
the program manager responsible for the respective unmanned
system.
(c) EXCEPTIONS.—As the Secretary of the Navy considers appro-
priate, unmanned surface vessels and unmanned underwater
vehicles may be subject to requirements, specifications, and
approvals established by technical domain managers or technical
warrant holders with responsibility for cybersecurity, ordnance and
explosives, or warfare systems, without advanced approval
described in subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘unmanned surface vessel’’ means a vessel
designed to operate on the surface of the water without an
onboard human crew.
(2) The term ‘‘unmanned underwater vehicle’’ means a
vehicle designed to operate below the surface of the water
without an onboard human crew.
SEC. 1021. PILOT PROGRAM ON USE OF AUTOMATED SHIPBUILDING
TECHNOLOGIES AND CAPABILITIES.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall establish
a pilot program on the use of automated assembly technologies
and capabilities in naval shipbuilding to reduce overall construction
times and alleviate workforce constraints (in this section referred
to as the ‘‘pilot program’’).
(b) ELEMENTS OF PILOT PROGRAM.—In carrying out the pilot
program, the Secretary of the Navy shall—
(1) identify and select available novel automated hull
assembly technologies for incorporation and demonstration;
(2) designate at least one surface ship or submarine pro-
gram to demonstrate the automated technologies identified
under paragraph (1);
(3) carry out such demonstrations;
(4) evaluate the demonstrated automated technologies—
(A) across a range of functions, including plate prepara-
tion, welding, and block assembly; and
(B) for compatibility and ease of adoption into the
existing shipbuilding value chain; and
(5) assess the feasibility and effectiveness of automated
approaches in improving subassembly construction times,
overall ship construction schedules, and workforce efficiency
and safety.
S. 1071—317
(c) REPORTS.—
(1) IN GENERAL.—Not later than September 30, 2026, and
annually thereafter until the pilot program terminates, the
Secretary of the Navy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services
of the House of Representatives a report on the implementation
and results of the pilot program.
(2) ELEMENTS OF REPORTS.—Each report required by para-
graph (1) shall include the following:
(A) An identification of the time required to adapt
specific technologies and processes.
(B) A description of the impact of the pilot program
on workforce and construction schedules.
(d) TERMINATION.—The pilot program shall terminate on the
date that is three years after the date of the enactment of this
Act.
SEC. 1022. MODIFICATION OF AUTHORITY TO PURCHASE USED VES-
SELS UNDER THE NATIONAL DEFENSE SEALIFT FUND.
Section 2218(f)(3)(C) of title 10, United States Code, is amended
by striking ‘‘10’’ and inserting ‘‘12’’.
Subtitle D—Counterterrorism
SEC. 1031. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO
SUPPORT LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271(b) note)
is amended by striking ‘‘2027’’ and inserting ‘‘2032’’.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1953) is amended by striking ‘‘December 31, 2025’’ and
inserting ‘‘December 31, 2026’’.
SEC. 1033. 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) is amended by striking ‘‘December 31, 2025’’ and
inserting ‘‘December 31, 2026’’.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1954) is amended by striking ‘‘December 31, 2025’’ and
inserting ‘‘December 31, 2026’’.
S. 1071—318
SEC. 1035. 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) is amended
by striking ‘‘fiscal years 2018 through 2025’’ and inserting ‘‘fiscal
years 2018 through 2026’’.
Subtitle E—Miscellaneous Authorities and
Limitations
SEC. 1041. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE
IN SUPPORT OF DEPARTMENT OF DEFENSE ACCOUNTING
FOR MISSING UNITED STATES GOVERNMENT PERSONNEL.
Section 408 of title 10, United States Code, is amended—
(1) in subsection (a), by inserting ‘‘and procure goods and
services from’’ after ‘‘assistance to’’; and
(2) in subsection (d)(1), by striking ‘‘$5,000,000’’ and
inserting ‘‘$15,000,000’’.
SEC. 1042. SENIOR LEADERS OF THE DEPARTMENT OF DEFENSE AND
OTHER SPECIFIED PERSONS: AUTHORITY TO PROVIDE
PROTECTION.
Section 714 of title 10, United States Code, is amended—
(1) by redesignating subsections (c) through (e) as sub-
sections (h) through (j), respectively;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new sub-
section:
‘‘(b) PROTECTION
FOR
FORMER
OR
RETIRED
DEPARTMENT
LEADERSHIP.—The Secretary of Defense, under regulations pre-
scribed by the Secretary and in accordance with guidelines approved
by the Secretary and the Attorney General, may authorize qualified
members of the armed forces and qualified civilian employees of
the Department of Defense to provide physical protection and per-
sonal security to a former or retired official who—
‘‘(1) previously served in a position identified in paragraphs
(1) through (7); and
‘‘(2) faces serious and credible threats arising from duties
performed while employed by the Department of Defense.’’;
(4) in subsection (c), as redesignated by paragraph (2)—
(A) in paragraph (1), by striking ‘‘paragraphs (1)
through (7) of subsection (a)’’ and inserting ‘‘subsection
(a) or (b)’’; and
(B) by striking paragraphs (4) through (6) and redesig-
nating paragraph (7) as paragraph (4); and
(5) by inserting after subsection (c), as redesignated by
paragraph (2), the following new subsections:
‘‘(d) REQUIREMENT
FOR WRITTEN DETERMINATION.—A deter-
mination of the Secretary of Defense whether to provide physical
protection and personal security under subsection (b) or (c), or
reimbursement under subsection (h), shall be in writing, shall be
based on a threat assessment by an appropriate law enforcement,
security, or intelligence organization, and shall include the name
and title of the officer, employee, or other individual affected, the
reason for such determination, the duration of any authorized
S. 1071—319
protection and security for such officer, employee, or individual,
and the nature of any arrangements for such protection and secu-
rity.
‘‘(e) DURATION OF PROTECTION.—The Secretary of Defense shall
require periodic reviews, not less than once every six months,
of the duration of protection provided to individuals under sub-
section (b) or (c).
‘‘(f) SUBMISSIONS TO CONGRESS.—
‘‘(1) IN GENERAL.— Except as provided in paragraph (4),
the Secretary of Defense shall submit to the congressional
defense committee determinations made pursuant to this sec-
tion as follows:
‘‘(A) An initial determination made under subsection
(d), not later than 15 days after the date on which the
determination is made, including the justification for such
determination and a current threat assessment by an
appropriate law enforcement, security, or intelligence
organization.
‘‘(B) A determination to deny the renewal of physical
protection and security under subsection (b) or (c), or
reimbursement under subsection (j), not later than 15 days
after the date on which the determination is made,
including—
‘‘(i) the justification for such determination;
‘‘(ii) a current threat assessment by an appropriate
law enforcement, security, or intelligence organization;
and
‘‘(iii) a certification that threats to the individual
arising from duties performed while employed by the
Department of Defense can be sufficiently mitigated
without physical protection and security or reimburse-
ment.
‘‘(C) A determination to terminate physical protection
and security under subsection (b) or (c), or reimbursement
under subsection (j), during a previously authorized period
of protection, not later than 48 hours after the date on
which the determination is made, including—
‘‘(i) the justification for such determination;
‘‘(ii) a current threat assessment by an appropriate
law enforcement, security, or intelligence organization;
and
‘‘(iii) a certification that threats to the individual
arising from duties performed while employed by the
Department of Defense can be sufficiently mitigated
without protection and security or reimbursement.
‘‘(D) A determination to deny a request for reimburse-
ment of an individual described in subsection (b), not later
than 15 days after the date on which the determination
is made, including—
‘‘(i) the justification for such determination;
‘‘(ii) a current threat assessment by an appropriate
law enforcement, security, or intelligence organization;
and
‘‘(iii) a certification that threats to the individual
arising from duties performed while employed by the
Department of Defense can be sufficiently mitigated
without reimbursement.
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‘‘(2) FORM OF REPORT.—A report submitted under para-
graph (1) may be made in classified form.
‘‘(3) REGULATIONS
AND
GUIDELINES.—The Secretary of
Defense shall submit to the congressional defense committees
the regulations and guidelines prescribed pursuant to sub-
sections (b) and (c)(1), and a description of any changes to
such guidelines, not less than 20 days before the date on
which such regulations take effect.
‘‘(4) EXCEPTIONS.—Paragraph (1) does not apply to deter-
minations made with respect to the following individuals:
‘‘(A) An individual described in subsection (c)(2)(C) who
is otherwise sponsored by the Secretary of Defense, the
Deputy Secretary of Defense, the Chairman of the Joint
Chiefs of Staff, or the Vice Chairman of the Joint Chiefs
of Staff.
‘‘(B) An individual described in subsection (c)(2)(E).
‘‘(g) NOTIFICATION TO CERTAIN PROTECTED PERSONNEL.—The
Secretary of Defense shall provide written notification to any indi-
vidual receiving physical protection and personal security under
subsection (a) or (b), or reimbursement under subsection (j), at
least 90 days prior to terminating or denying the renewal of protec-
tion and security protection or reimbursement, as the case may
be, for such individual.’’.
SEC. 1043. MODIFICATION OF REQUIREMENTS RELATING TO SUPPORT
OF CIVIL AUTHORITIES BY ARMED FORCES.
(a) IN GENERAL.—Section 723 of title 10, United States Code,
is amended—
(1) in subsection (a), in the subsection heading, by striking
‘‘REQUIREMENT’’ and inserting ‘‘RESPONSE TO CIVIL DISTURB-
ANCES’’;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) SUPPORT TO CIVILIAN LAW ENFORCEMENT AGENCIES BY
MEMBERS OF THE ARMED FORCES.—Whenever a member of the
armed forces (including the National Guard) provides support to
civilian law enforcement agencies, each such member providing
such support shall visibly display the name of the armed force
in which such member operates.’’; and
(4) in subsection (c), as redesignated by paragraph (2)—
(A) by striking ‘‘requirement under subsection (a)’’ and
inserting ‘‘requirements under subsections (a) and (b)’’; and
(B) by striking ‘‘such subsection’’ and inserting ‘‘any
such subsection’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) CONFORMING AMENDMENT.—The heading for section 723
of title 10, United States Code, is amended by striking ‘‘Federal
authorities in response to civil disturbances’’ and inserting
‘‘civil authorities’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 41 of title 10, United States Code, is
S. 1071—321
amended by striking the item relating to section 723 and
inserting the following new item:
‘‘723. Support of civil authorities: requirement for use of members of the Armed
Forces and Federal law enforcement personnel.’’.
SEC. 1044. AUTHORITY OF SECRETARY OF DEFENSE TO ENTER INTO
CONTRACTS TO PROVIDE CERTAIN ASSISTANCE TO
SECURE THE SOUTHERN LAND BORDER OF THE UNITED
STATES.
Section 1059(a) of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 284 note; Public Law 114–92) is
amended—
(1) in paragraph (1)(A), by striking ‘‘United States Customs
and Border Protection’’ and inserting ‘‘U.S. Customs and Border
Protection’’;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) CONTRACT AUTHORITY.—In providing assistance to U.S.
Customs and Border Protection under paragraph (1), the Sec-
retary may enter into a contract for the provision of any of
the following services:
‘‘(A) Detection and monitoring.
‘‘(B) Warehousing and logistical supply chain.
‘‘(C) Transportation.
‘‘(D) Vehicle maintenance.
‘‘(E) Training other than lead or primary instructor.
‘‘(F) Intelligence analysis.
‘‘(G) Linguist.
‘‘(H) Data entry.
‘‘(I) Aviation.’’.
SEC. 1045. LIMITATION ON USE OF FUNDS TO RELOCATE OR OTHER-
WISE REMOVE THE MARITIME INDUSTRIAL BASE PRO-
GRAM.
None of the funds authorized to be appropriated or otherwise
made available by this Act may be used to relocate the Maritime
Industrial Base Program to the Naval Sea Systems Command or
otherwise remove the Maritime Industrial Base Program from under
the jurisdiction of the Assistant Secretary of the Navy for Research,
Development, and Acquisition.
SEC. 1046. LIMITATION ON RETIREMENT OF GRAY EAGLE UNMANNED
AIRCRAFT SYSTEMS.
(a) PROHIBITION.—Except as provided in subsection (b), the
Secretary of the Army may not retire, divest, or otherwise take
any action that would—
(1) reduce the number, configuration, or capability of any
MQ–1C Gray Eagle Extended Range unmanned aircraft system
that is in the Army inventory as of the date of the enactment
of this Act; or
(2) prevent the Army from maintaining such systems in
the current or improved configurations and capabilities of such
systems.
(b) EXCEPTION.—The prohibition under subsection (a) shall not
apply if the Chairman of the Joint Requirements Oversight Council
submits to the appropriate congressional committees a written cer-
tification that—
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(1) a capability of equal or greater effectiveness is being
fielded, or will be fielded and operational prior to, or concur-
rently with, the retirement of any MQ–1C Gray Eagle
unmanned aircraft system; or
(2) such retirement will not result in a reduction in the
overall capacity available to the commanders of the combatant
commands.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional defense committees; and
(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).
SEC. 1047. AUTHORITY TO TRANSFER T–37 AIRCRAFT TO ARIZONA
AVIATION HISTORICAL GROUP.
(a) TRANSFER OF AUTHORITY T–37.—The Secretary of the Air
Force may convey, without consideration, to the Arizona Aviation
Historical Group, Phoenix, Arizona (in this section referred to as
the ‘‘foundation’’), all right, title, and interest of the United States
in and to five retired T–37B Trainer Aircraft. A conveyance under
this section shall be made by means of a conditional deed of gift.
(b) CONDITIONS OF TRANSFER.—A conveyance authorized under
subsection (a) shall be subject to the following conditions:
(1) Prior to conveyance, all military specific or unique
equipment, as determined by the Secretary, on the aircraft
shall be removed.
(2) The Secretary is not required to—
(A) repair or alter the condition of the aircraft before
conveying ownership; or
(B) guarantee or ensure the airworthiness of any con-
veyed aircraft.
(3) The Secretary shall determine which aircraft to convey.
(c) CONDITION OF PROPERTY.—Any aircraft conveyed under this
section shall be conveyed in ‘‘as is’’ condition. The Secretary shall
make no representation or warranty concerning the condition, fit-
ness for any particular purpose, or compliance with any laws or
regulations of such aircraft.
(d) REVERTER UPON BREACH OF CONDITIONS.—The Secretary
shall include in an instrument of conveyance for an aircraft con-
veyed under this section—
(1) a condition that the foundation does not convey any
ownership interest in, or transfer possession of, the aircraft
to another party without the prior approval of the Secretary;
(2) a condition that the foundation operate and maintain
the aircraft in compliance with all applicable limitations and
maintenance requirements imposed by the Administrator of
the Federal Aviation Administration; and
(3) a condition that if the Secretary determines at any
time that the foundation has violated a condition under para-
graph (1) or (2), all right, title, and interest in and to the
aircraft, including any repair or alteration of the aircraft, shall
revert to the United States, and the United States shall have
the right of immediate possession of the aircraft.
(e) CONVEYANCE AT NO COST TO THE UNITED STATES.—Any
conveyance of an aircraft authorized by this section shall be made
S. 1071—323
at no cost to the United States. Any costs associated with such
a conveyance, including the costs of inspection or removal of equip-
ment prior to conveyance, the cost of determining compliance with
the requirements of this section and any instrument of conveyance
made pursuant to this section, and the costs of the operation,
sustainment, transportation, ground support equipment, and dis-
posal of any aircraft conveyed under this section shall be borne
by the foundation.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
a conveyance made under this section as the Secretary considers
appropriate to protect the interests of the United States.
(g) CLARIFICATION OF LIABILITY.—Notwithstanding any other
provision of law, upon the conveyance of ownership of the T–
37B Trainers to the foundation under subsection (a), the United
States shall not be liable for any death, injury, loss, or damage
that results from any use of that aircraft by any person other
than the United States.
SEC. 1048. AUTHORIZATION OF EASTERN REGIONAL RANGE COMPLEX
FOR MULTI-DOMAIN OPERATIONS AND ROBOTIC AUTONO-
MOUS SYSTEMS TRAINING, TESTING, AND EXPERIMEN-
TATION.
(a) AUTHORIZATION.—The Secretary of Defense, acting through
the Secretaries of the military departments, may designate and
develop an Eastern Regional Range Complex to serve as a joint
training, testing, and experimentation hub for multi-domain oper-
ations and robotic autonomous systems, including unmanned air-
craft systems and counter-unmanned aircraft systems capabilities,
to address growing threats from potential adversaries.
(b) LOCATION.—If the Secretary designates and develops the
Eastern Regional Range Complex under subsection (a), such com-
plex shall encompass the territories of the States of Maine, Vermont,
New Hampshire, Connecticut, Rhode Island, Massachusetts, New
York, New Jersey, Delaware, Maryland, Pennsylvania, West Vir-
ginia, Virginia, North Carolina, South Carolina, Georgia, Florida,
Louisiana, Kentucky, Tennessee, Arkansas, Mississippi, Indiana,
and Alabama.
(c) ACTIVITIES.—If the Secretary designates and develops the
Eastern Regional Range Complex under subsection (a), such com-
plex shall be used—
(1) to conduct joint, multi-domain, non-kinetic electro-
magnetic warfare, cyber and information operations training
within live, virtual, and constructive environments, leveraging
common networks with access to available spectrum;
(2) support integrated multi-domain operations training
involving air, land, sea, cyber, and space components;
(3) conduct joint service and interagency robotic autono-
mous system training, experimentation and testing, including
the development of tactics, techniques and procedures for
unmanned aircraft systems and counter-unmanned aircraft sys-
tems;
(4) evaluate emerging technologies and prototypes and tac-
tics, techniques and procedures for the operation, detection,
defeat, and attribution of robotic autonomous systems in con-
tested cyber and electromagnetic spectrum environments; and
S. 1071—324
(5) facilitate the integration of mature prototype experimen-
tation and live-fire exercises for rapid fielding of capabilities
aligned with the Joint Warfighting Concept.
(d) COORDINATION
AND
INTEGRATION.—If the Secretary of
Defense designates and develops the Eastern Regional Range Com-
plex under subsection (a), the Secretary shall ensure that activities
conducted at such complex are coordinated with—
(1) the Joint Counter-small Unmanned Aircraft Systems
Office.
(2) the Joint Staff (J–7);
(3) the Office of the Under Secretary of Defense for
Research and Engineering; and
(4) other entities with functions or missions relevant to
the activities carried out at the Complex, which may include—
(A) relevant combatant commands and service compo-
nents:
(B) allies and partners of the United States partici-
pating in multi-domain operations;
(C) the Defense Innovation Unit;
(D) State National Guard commands;
(E) the Office of Naval Research; and
(F) such other key stakeholders as the Secretary deter-
mines appropriate.
(e) CONSULTATION AUTHORITY.—The Secretary of Defense may
consult with the Federal Communications Commission and the
National Telecommunications and Information Administration to
recommend spectrum access requirements in support of joint and
service training, testing, and experimentation within the Eastern
Regional Range Complex, if such complex is designated and devel-
oped under subsection (a), and the Western Regional Range Com-
plex, including access to appropriate live environments capable
of supporting electromagnetic attack training, experimentation, and
testing.
SEC. 1049. LIMITATION ON USE OF FUNDS FOR DEACTIVATION OF
EXPEDITIONARY COMBAT AVIATION BRIGADES.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2026 for the Army
may be obligated or expended to retire, deactivate, schedule to
deactivate, or proceed with any action that would reduce the
capabilities, resources, aircraft, or personnel available, as of the
date of the enactment of this Act, for the Expeditionary Combat
Aviation Brigades before the earlier of the following dates:
(1) The date that is 90 days after the date on which
the Secretary of the Army submits to the congressional defense
committees a plan to offset any loss of mission associated
with air mobility, aeromedical evacuation, reconnaissance, and
logistical support provided, as of the date of the enactment
of this Act, by the Expeditionary Combat Aviation Brigades
that includes the plan of the Army to provide opportunities
for continued military service to all qualified members of the
Armed Forces who are displaced by reason of the retirement
or deactivation of, or other action taken with respect to, such
brigades.
(2) The date that is 30 days after the date on which
the Secretary of the Army submits to the congressional defense
committees a plan for the recapitalization of the aircraft used
S. 1071—325
by the Expeditionary Combat Aviation Brigades that is specific
with respect to each unit and geographical location of such
brigades.
SEC. 1050. PROHIBITION ON USE OF LIVE ANIMALS IN DEPARTMENT
OF DEFENSE LIVE FIRE TRAUMA TRAINING.
Beginning on the date of the enactment of this Act, the Sec-
retary of Defense shall—
(1) ensure that live animals, including dogs, cats,
nonhuman primates, and marine mammals, are not used in
any live fire trauma training conducted by the Department
of Defense; and
(2) in conducting such training, replace such live animals,
to the extent determined necessary by the Secretary, with
advanced simulators, mannequins, cadavers, or actors.
SEC. 1051. PROHIBITION ON DESTRUCTION OR SCRAPPING OF WORLD
WAR II–ERA AIRCRAFT.
(a) PROHIBITION.—The Secretary of Defense may not destroy,
dismantle, scrap, cannibalize, or otherwise render permanently
inoperable any aircraft that—
(1) was manufactured prior to December 31, 1945; and
(2) is in the custody or administrative control of the Depart-
ment of the Air Force as of the date of the enactment of
this Act.
(b) AUTHORIZED DISPOSITIONS.—Aircraft described in subsection
(a) may only be—
(1) retained in the inventory of the Department of the
Air Force;
(2) transferred to an eligible entity; or
(3) deaccessioned under a plan approved by the Secretary
of Defense that supports the long-term preservation of such
aircraft, consistent with guidelines described in the report of
the Committee on Armed Services of the Senate accompanying
S. 2296 of the 119th Congress (S. Rept. 119–39).
(c) WAIVER AUTHORITY.—The Secretary of Defense may waive
the prohibition under subsection (a) on a case-by-case basis only
if—
(1) the aircraft is determined by qualified personnel of
the Air Force or another eligible entity to be beyond practical
restoration or preservation;
(2) no eligible entity expresses interest in accepting the
aircraft within the one-year period following the publication
of public notice of the availability of the aircraft for transfer;
(3) the Secretary submits to the congressional defense
committees written notification and justification of the waiver;
and
(4) a period of 30 days has elapsed following the date
of such submission.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘aircraft’’ includes fixed-wing and rotary-wing
manned aircraft.
(2) The term ‘‘eligible entity’’ means—
(A) the National Museum of the United States Air
Force or another official Department of Defense museum;
or
S. 1071—326
(B) a Federal department or agency, nonprofit institu-
tion, or museum, with demonstrated indoor preservation
and public display capabilities.
SEC. 1052. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL
EXPENSES OF THE OFFICE OF THE SECRETARY OF
DEFENSE.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 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 Secretary of Defense—
(1) submits to the congressional defense committees any
overdue quarterly reports regarding execute orders of the
Department of Defense required by section 1744 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 10 U.S.C. 113 note);
(2) submits to the congressional defense committees a cer-
tification that the Department of Defense is compliant with
the requirements of section 1067 of the National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159;
138 Stat. 2066), including—
(A) a written statement that a copy of each execute
order required to be submitted to the congressional defense
committees under subsection (c) of such section has been
so submitted; and
(B) a description of the mechanism established to facili-
tate the provision to the congressional defense committees
of all future briefings required under subsection (a) of
such section, and the compliance with the disclosure and
notice requirements under subsection (c) of such section,
within the time frames required by such section;
(3) submits to the Committees on Armed Services of the
House of Representatives and the Senate the report on efforts
of the Department of Defense to identify, disseminate, and
implement throughout the Department lessons learned from
the war in Ukraine required by the conference report accom-
panying the National Defense Authorization Act for Fiscal Year
2025 (Public Law 118–159);
(4) provides notice of changes to the legal and policy frame-
work report as required by section 1264 of the National Defense
Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549); and
(5) provides to the Committees on Armed Services of the
House of Representatives and the Senate unedited video of
strikes conducted against designated terrorist organizations in
the area of responsibility of the United States Southern Com-
mand.
SEC.
1053.
CONGRESSIONAL
NOTIFICATION
OF
SUPPORT
FOR
IMMIGRATION ENFORCEMENT OPERATIONS.
(a) DOD AIRCRAFT SUPPORT OF ALIEN REMOVAL OPERATIONS.—
Not later than seven calendar days after Department of Defense
aircraft are used in support of alien removal operations by the
Department of Homeland Security, the Secretary of Defense shall
provide written notification to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives of the following:
S. 1071—327
(1) The type and variant of military aircraft used to support
the alien removal operation.
(2) The number of individuals not employed by the Depart-
ment of Defense on board the military aircraft.
(3) The type, variant, and number of any military aircraft
used to support the military aircraft being used in the alien
removal operation, including aerial refueling aircraft.
(4) The estimated cost of supporting the alien removal
operation, including—
(A) the aircraft used;
(B) the number of flights hours required to complete
the round-trip mission;
(C) the use of any supporting aircraft, including aerial
refueling aircraft; and
(D) the number of flight hours required to complete
the round-trip mission of the supporting aircraft.
(5) The destination country of the military aircraft.
(6) When the destination country of the military aircraft
is Naval Station Guantanamo Bay, Cuba, reporting on both
inbound and outbound flights in accordance with the require-
ments of paragraphs (1) through (5).
(7) Any reassignment of Department of Defense personnel
from Joint Task Force Guantanamo or another Department
of Defense entity to support removal operations.
(b) NOTIFICATION
OF
ALIENS
HELD
AT
INSTALLATIONS
OF
DEPARTMENT OF DEFENSE.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, and not less frequently every
90 days thereafter, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives written notice of the following:
(A) The estimated total number of aliens held at
installations of the Department of Defense, disaggregated
by location, over the period covered by the report.
(B) The total cost that could be incurred by the Depart-
ment of Defense of detention of aliens at installations of
the Department of Defense, regardless of location, during
the period covered by the report.
(2) ALIEN DEFINED.—In this section, the term ‘‘alien’’ has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(c) REPORTS TO CONGRESS ON DEPARTMENT OF DEFENSE SUP-
PORT FOR IMMIGRATION ENFORCEMENT OPERATIONS.—Section 1707
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92; 133 Stat. 1799; 10 U.S.C. 113 note) is amended
by adding at the end the following new subsection:
‘‘(c) REPORTS
ON SUPPORT
FOR IMMIGRATION ENFORCEMENT
OPERATIONS.—
‘‘(1) IN GENERAL.—If the Department of Defense approves
a Request for Assistance for support for immigration enforce-
ment operations, the Secretary of Defense shall electronically
transmit to the Committees on Armed Services of the Senate
and the House of Representatives a report on such support
not later than 30 calendar days after the date on which the
Secretary approves the Request for Assistance and every 90
calendar days thereafter.
S. 1071—328
‘‘(2) ELEMENTS.—Each report required by paragraph (1)
shall include information on the following:
‘‘(A) The name of any Department of Defense facility
used to support immigrant enforcement operations and
costs associated with any modifications to such facilities
to support such operations.
‘‘(B) The number of Department of Defense personnel
assigned to conduct support for immigration enforcement
operations, the units from which such personnel were
assigned, the duration of the operations, and the personnel
cost associated with of such operations.’’.
Subtitle F—Studies and Reports
SEC. 1061. NOTIFICATION OF WAIVERS UNDER DEPARTMENT OF
DEFENSE DIRECTIVE 3000.09.
(a) IN GENERAL.—Chapter 3 of title 10, United States Code,
is amended by inserting after section 130f the following new section:
‘‘§ 130g. Notification requirements for waivers issued under
Department
of
Defense
guidance
related
to
autonomy in weapon systems
‘‘(a) IN GENERAL.—The Secretary of Defense shall submit to
the congressional defense committees written notification of any
waiver under Department of Defense Directive 3000.09 (relating
to autonomy in weapon systems), or any successor directive, by
not later than 30 days after the date on which the waiver is
issued.
‘‘(b) ELEMENTS.—Each notification submitted under subsection
(a) shall include the following:
‘‘(1) The rationale for the waiver.
‘‘(2) A description of the autonomous weapon system or
technology covered by the waiver.
‘‘(3) The anticipated duration of the waiver.
‘‘(c) FORM.—A notification under subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex,
as the Secretary determines necessary.’’.
(b) REPORTS ON APPROVAL AND DEPLOYMENT OF LETHAL AUTON-
OMOUS WEAPON SYSTEMS.—Section 1066(b) of the National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138
Stat. 2065 ) is amended—
(1) in paragraph (2), by inserting ‘‘, or any legal review,’’
after ‘‘officials’’;
(2) in paragraph (3), by inserting ‘‘, including any legal
review,’’ after ‘‘review’’; and
(3) in paragraph (4), by inserting ‘‘, including any legal
review,’’ after ‘‘review’’.
SEC. 1062. MODIFICATIONS TO AUTHORITY FOR TRANSFER AND SALE
OF CERTAIN SURPLUS FIREARMS, AMMUNITION, AND
PARTS.
(a) MODIFICATIONS TO TRANSFER AUTHORITY.—Section 40728
of title 36, United States Code, is amended—
(1) in subsection (h), by adding at the end the following:
‘‘(3) The Secretary may conduct a one-time transfer to the
corporation, in accordance with the procedure prescribed in this
subchapter, of pump action shotguns, including any shotguns that
S. 1071—329
are surplus to the requirements of the Center of Military History
and the Army Museum Enterprise, that—
‘‘(A) on the date of the enactment of this paragraph are
under the control of the Secretary; and
‘‘(B) are surplus to the requirements of the Department
of the Army at the time of the submission of the report required
in subsection (k).
‘‘(4) The Secretary may not transfer pursuant to paragraph
(3) any shotgun that is a modular ancillary addition to a service
rifle, or meets the definition of a ‘short-barreled shotgun’ as that
term is defined in section 921(a)(6) of title 18, United States Code.’’;
(2) in subsection (i), by adding at the end the following:
‘‘(3) The Secretary of the Navy may conduct a one-time transfer
to the corporation, in accordance with the procedure prescribed
in this subchapter, of surplus pump action shotguns that—
‘‘(A) on the date of the enactment of this paragraph are
under the control of the Secretary; and
‘‘(B) are surplus to the requirements of the Department
of the Navy at the time of the submission of the report required
in subsection (k).
‘‘(4) The Secretary may not transfer pursuant to paragraph
(3) any shotgun that is a modular ancillary addition to a service
rifle or meets the definition of a ‘short-barreled shotgun’ as that
term is defined in section 921(a)(6) of title 18, United States Code.’’;
and
(3) by adding at the end the following:
‘‘(j) AUTHORIZED AIR FORCE TRANSFERS.—(1) The Secretary of
the Air Force may conduct a one-time transfer to the corporation,
in accordance with the procedures prescribed in this subchapter,
of pump action shotguns that—
‘‘(A) on the date of the enactment of this paragraph are
under the control of the Secretary; and
‘‘(B) are surplus to the requirements of the Department
of the Air Force at the time of the submission of the report
required in subsection (k).
‘‘(2) The Secretary may not transfer pursuant to paragraph
(1) any shotgun that is a modular ancillary addition to a service
rifle or meets the definition of a ‘short-barreled shotgun’ as that
term is defined in section 921(a)(6) of title 18, United States Code.
‘‘(k) REPORT REQUIRED.—(1) The Secretary concerned author-
ized to transfer shotguns under subsection (h), (i), or (j) shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report that includes the following ele-
ments:
‘‘(A) The total number of surplus shotguns, including the
make and model of each such shotgun, that meet the criteria
for transfer to the corporation under such subsection.
‘‘(B) The total number of surplus shotguns, including the
make and mode of each such shotgun, that the Secretary con-
cerned intends to transfer to the corporation under such sub-
section.
‘‘(2) In this subsection, the term ‘Secretary concerned’ has the
meaning given such term in section 101(a)(9) of title 10, United
States Code.
‘‘(l) LIMITATION ON TRANSFER OF SURPLUS SHOTGUNS.—A Sec-
retary may not transfer surplus shotguns described in subsections
S. 1071—330
(h), (i), or (j), until the date that is 60 days after the date of
the submittal of the report required under subsection (k).
‘‘(m) BRIEFING REQUIRED.—The Secretary of the Army shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the results of the inves-
tigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives
and the United States Army Criminal Investigation Division
regarding unaccounted for pistols at the corporation. The briefing
shall be provided after the investigation has concluded.’’.
(b) MODIFICATIONS TO SALE AUTHORITY.—Section 40732 of title
36, United States Code, is amended by striking ‘‘, and caliber
.45 M1911/M1911A1 surplus pistols,’’ each place it appears and
inserting ‘‘, caliber .45 M1911/M1911A1 surplus pistols, and surplus
pump action shotguns (except any shotgun that is a modular
ancillary addition to a service rifle , or meets the definition of
a ‘short-barreled shotgun’ as that term is defined in section 921(a)(6)
of title 18, United States Code),’’.
SEC. 1063. EXTENSION OF MOBILITY CAPABILITY REQUIREMENTS
STUDY.
Section 1068 of the Servicemember Quality of Life Improvement
and National Defense Authorization Act for Fiscal Year 2025 (Public
Law 118–159; 138 Stat. 2067) is amended—
(1) in subsection (a), by striking ‘‘one year after the date
of the enactment of this Act’’ and inserting ‘‘January 15, 2027’’;
and
(2) by striking subsection (c) and inserting the following:
‘‘(c) REPORT AND BRIEFING.—Not later than January 15, 2027,
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—
‘‘(1) submit to the congressional defense committees a final
report on the study required under subsection (a); and
‘‘(2) provide to such committees a briefing on the report.’’.
SEC. 1064. 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), as amended by section 1063 of the National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159), is
further amended by striking ‘‘through December 31, 2025’’ and
inserting ‘‘through December 31, 2026’’.
SEC. 1065. EXTENSION OF BIENNIAL ASSESSMENTS OF AIR FORCE TEST
CENTER.
Section 1067 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81) is amended by striking ‘‘and
2026’’ and inserting ‘‘2026, 2028, and 2030’’.
SEC. 1066. REPORTS ON INSTALLATION OF CERTAIN COLLISION AVOID-
ANCE SYSTEMS IN MILITARY ROTARY-WING AIRCRAFT.
(a) REPORT ON FEASIBILITY OF INSTALLING TRAFFIC ALERT AND
COLLISION AVOIDANCE SYSTEMS IN ALL MILITARY ROTARY-WING AIR-
CRAFT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
S. 1071—331
submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the feasibility of
installing a traffic alert and collision avoidance system in each
military rotary-wing aircraft. Such report shall include—
(A) an analysis of the cost associated with installing
a traffic alert and collision avoidance system in each mili-
tary rotary-wing aircraft;
(B) an analysis of the effect of installing such systems
in such aircraft on the safety of civilian airspace;
(C) an identification of any changes to the configuration
of the cockpit of such aircraft that would be necessary
in order to install such systems;
(D) any implications the installation of such systems
would have for combat, training, or domestic security oper-
ations; and
(E) if the Secretary determines that the installation
of such systems in such aircraft is not feasible, rec-
ommendations regarding similar systems or capabilities
that could be installed instead.
(2) TRAFFIC
ALERT
AND
COLLISION
AVOIDANCE
SYSTEM
DEFINED.—In this subsection, the term ‘‘traffic alert and colli-
sion avoidance system’’ means a collision avoidance system
in compliance with section 121.356 of title 14, Code of Federal
Regulations, or any successor regulation.
(b) REPORT
ON
FEASIBILITY
OF
INSTALLING
AUTOMATIC
DEPENDENT SURVEILLANCE–BROADCAST
IN CAPABILITIES
IN ALL
MILITARY ROTARY-WING AIRCRAFT.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the feasibility of installing
automatic dependent surveillance–broadcast IN capability in each
military rotary-wing aircraft. Such report shall include—
(1) an analysis of the cost associated with installing auto-
matic dependent surveillance–broadcast IN capability in each
military rotary-wing aircraft;
(2) an analysis of the effect of installing such capabilities
in such aircraft on the safety of civilian airspace;
(3) an identification of any changes to the configuration
of the cockpit of such aircraft that would be necessary in
order to install such capabilities;
(4) any implications the installation of such capabilities
would have for combat, training, or domestic security oper-
ations; and
(5) if the Secretary determines that the installation of
such capabilities in such aircraft is not feasible, recommenda-
tions regarding similar systems or capabilities that could be
installed instead.
SEC. 1067. CYBERSECURITY AND RESILIENCE ANNEX IN STRATEGIC
RAIL CORRIDOR NETWORK ASSESSMENTS.
(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretary of Transportation and the Secretary of Homeland
Security, shall ensure that each periodic assessment of the Strategic
Rail Corridor Network carried out after the date of the enactment
of this Act includes an annex containing an evaluation of the
cybersecurity and the resilience of the physical infrastructure of
the Strategic Rail Corridor. Each such annex shall include—
S. 1071—332
(1)
a
description
of
potential
cyber
threats
and
vulnerabilities affecting the Strategic Rail Corridor Network
operations;
(2) an assessment of the resilience of the Strategic Rail
Corridor Network against cyberattacks and other disruptive
actions by an adversary of the United States;
(3) recommended actions to be taken by Congress and
Federal agencies to improve the cybersecurity defenses and
the resilience of the physical infrastructure of the Strategic
Rail Corridor Network; and
(4) a description of the timelines and resource requirements
to implement the recommendations under paragraph (3).
(b) STRATEGIC RAIL CORRIDOR NETWORK DEFINED.—In this sec-
tion, the term ‘‘Strategic Rail Corridor Network’’ means the inter-
connected network of rail corridors important to national defense
and military mobility, as defined by the Department of Defense
and the Federal Railroad Administration.
SEC. 1068. GAO REVIEW AND REPORT ON BIOLOGICAL WEAPONS
EXPERIMENTS ON AND IN RELATION TO TICKS, TICK-
BORNE DISEASE.
(a) REVIEW.—The Comptroller General of the United States
shall, to the extent practicable, conduct a review of research con-
ducted during the period beginning on January 1, 1945, and ending
on December 31, 1972, by the Department of Defense, including
by the Department of Defense in consultation with the National
Institutes of Health, the Department of Agriculture, or any other
Federal department or agency on—
(1) the use of ticks as hosts or delivery mechanisms for
biological warfare agents, including experiments involving
Spirochaetales or Rickettsiales; and
(2) any efforts to improve the effectiveness and viability
of Spirochaetales or Rickettsiales as biological weapons through
combination with other diseases or viruses.
(b) LOCATION OF RESEARCH.—In conducting the review under
subsection (a), the Comptroller General shall review research con-
ducted at facilities located inside the United States and, if feasible,
facilities located outside the United States, including laboratories
and field work locations.
(c) INFORMATION TO BE REVIEWED.—
(1) CLASSIFIED
INFORMATION.—In conducting the review
under subsection (a), the Comptroller General shall review
any relevant classified information.
(2) MATTERS FOR REVIEW.—In conducting the review under
subsection (a), the Comptroller General shall review, among
other sources, the following:
(A) Technical Reports related to The Summary of Major
Events and Problems, US Army Chemical Corps, FY 1951
– FY1969.
(B) Site Holding: CB DT DW 48158 Title: Virus and
Rickettsia Waste Disposal Study. Technical Report No. 103,
January 1969. Corp Author Name: FORT DETRICK FRED-
ERICK MD Report Number: SMUFD-TR-103 Publish Date:
19690101.
(C) Site Holding: CB DT DW 60538 Title: A Plaque
Assay System for Several Species of Rickettsia. Corp
S. 1071—333
Author Name: FORT DETRICK FREDERICK MD Report
Number: SMUFD-TM-538 Publish Date: 19690601.
(D) Site Holding: CB DW 531493 Title: Progress Report
for Ecology and Epidemiology and Biological Field Test
Technology, Third Quarter FY 1967. Corp Author Name:
ARMY DUGWAY PROVING GROUND UT Publish Date:
19670508.
(E) Any relevant scientific research on the history of
Lyme disease in the United States.
(d) REPORT.—
(1) IN GENERAL.—Not later than two years after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committees on Armed Services of the House
of Representatives or the Senate a report that includes the
following:
(A) A list of the research projects reviewed under sub-
section (a) and an assessment of the scope of such research.
(B) A finding by the Comptroller General as to whether
such review could lead to a determination that any ticks
used in such research were released outside of any facility
(including any ticks that were released unintentionally).
(C) A finding by the Comptroller General as to whether
such review could lead to a determination that any records
related to such research were destroyed, and whether such
destruction was intentional or unintentional.
(2) FORM OF REPORT.—The report required under paragraph
(1) shall be submitted in unclassified form, but may contain
a classified annex.
SEC. 1069. BRIEFINGS ON EXPENDITURES OR PLANNED EXPENDI-
TURES OF FUNDS ALLOCATED FOR EXPLORATION AND
DEVELOPMENT OF EXISTING ARCTIC INFRASTRUCTURE.
(a) BRIEFINGS.—Not later than 90 days after the date of the
enactment of this Act and on a quarterly basis thereafter for a
one-year period, and on a biannual basis thereafter until the date
of termination described in subsection (b), the Secretary of Defense,
in consultation with the Commander of the United States Indo-
Pacific Command and the Commander of the United States
Northern Command, shall provide to the congressional defense
committees a briefing on the expenditures or planned expenditures
of funds allocated pursuant to section 20009(12) of the Act titled
‘‘An Act to provide for reconciliation pursuant to title II of H.
Con. Res. 14’’, approved July 4, 2025 (Public Law 119–21), for
the exploration and development of existing Arctic infrastructure.
Each such briefing shall include—
(1) an identification of the amount of such funds expended
to date;
(2) a timeline for the future use of such funds; and
(3) an assessment of the feasibility of any viable infrastruc-
ture options in the Arctic region.
(b) SUNSET.—The date of termination described in this sub-
section is the date that is five years after the date of the enactment
of this Act.
SEC. 1070. SEMIANNUAL REPORT ON DEPARTMENT OF DEFENSE OPER-
ATIONS AT THE SOUTHERN LAND BORDER.
(a) REPORT.—
S. 1071—334
(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 Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Rep-
resentatives a report on operations at the southern land border
of the United States.
(2) ELEMENTS.—The report required under paragraph (1)
shall include a detailed description of—
(A) the efforts of the Department of Defense to support
civil law enforcement agencies with respect to—
(i) combating transnational organized crime in the
United States Northern Command and the United
States Southern Command areas of responsibility;
(ii) reducing the cross-border flow of illicit syn-
thetic drugs, including fentanyl, fentanyl analogs, and
fentanyl precursors; and
(iii) reducing the cross-border illicit trade of fire-
arms and human trafficking;
(B) the steady-state plan and posture of the Depart-
ment of Defense on the southern land border;
(C) the assessment of the Department of Defense of
the operational and readiness impact under the Depart-
ment’s steady-state plan and posture on the southern land
border, and any revisions of such plan and posture;
(D) each military installation and each Department
of Defense facility on or off the installation that is being
used to support—
(i) the operations of the Department of Defense
along the southern land border; or
(ii) the Department of Homeland Security or any
of its components;
(E) the funding sources for the current operations of
the Department of Defense along the southern land border;
(F) the use-of-force policy and training of the Depart-
ment of Defense related to operations along the southern
land border; and
(G) any challenges the Department of Defense has
faced in the execution of the efforts described in subpara-
graphs (A) and (F).
(b) SEMIANNUAL UPDATES.—Not later than 180 days after the
date on which the Secretary submits the report required under
subsection (a), and not less frequently than once every 180 days
thereafter until the termination of the national emergency declared
by Proclamation 100886 (90 Fed. Reg. 8327; relating to a Declara-
tion of a National Emergency at the Southern Border of the United
States), Executive Order 14165 (90 Fed. Reg. 8467; relating to
Security Our Borders), and Executive Order 14167 (90 Fed. Reg.
8613; relating to Clarifying the Military’s Role in Protecting the
Territorial Integrity of the United States), the Commander of the
United States Northern Command shall submit to the congressional
defense committees a report containing updates to the information
included in the report required under subsection (a).
S. 1071—335
SEC. 1071. ASSESSMENT ON POTENTIAL ESTABLISHMENT OF INCU-
BATOR PROGRAMS FOR SECURE FACILITIES AND NET-
WORKS AT UNIVERSITIES.
(a) ASSESSMENT.—The Secretary of Defense shall conduct an
assessment on the feasibility, advisability, and potential benefits
to the Department of Defense of establishing incubator programs
for the development, operation, and sustainment of secure facilities
and networks at the campuses of select institutions of higher edu-
cation across the United States for the following purposes:
(1) Accelerating the development and transition of innova-
tive technologies to meet national security needs.
(2) Increasing the availability of secure facilities and net-
works for the conduct of classified work at such campuses.
(3) Fostering collaboration between academic researchers,
private sector entities, and Department of Defense personnel.
(4) Expanding the pool of technical talent holding security
clearances and available to support Department of Defense
organizations and personnel in critical defense technology
areas.
(5) Developing regional innovation hubs that strengthen
the national security innovation base.
(b) CONSIDERATIONS.—In conducting the assessment under sub-
section (a), the Secretary shall consider—
(1) diverse use cases for the secure facilities and networks
under the programs referred to in such subsection, including
the use of such facilities and networks for the conduct of secure
meetings and classified research and development activities
with respect to innovative technologies; and
(2) the potential for establishing cost-sharing agreements
with institutions of higher education, other Federal depart-
ments and agencies, State, local, and Tribal governments, and
private sector partners for the development, operation, and
sustainment of secure facilities and networks under such pro-
grams.
(c) ELEMENTS.—The assessment under subsection (a) shall
include the following elements:
(1) An identification by the Secretary of objective character-
istics and other criteria for the selection of institutions of higher
education to participate in a program referred to in such sub-
section (a), which shall include, at a minimum, the following:
(A) The absence of a fully functional secure facility
and network on the campus of the institution at the time
of such selection.
(B) The commitment of the institution to national secu-
rity, as demonstrated through the offering of relevant
research and development activities and workforce develop-
ment opportunities.
(C) The presence of an existing relationship between
the institution and the Department of Defense, defense
industry partners, other Federal departments and agencies,
and State, local, and Tribal governments, including
opportunities for cost-sharing or other State economic
development incentives under the program if selected.
(D) The technical capabilities of the institution relevant
to defense innovation priorities, including the presence of
key infrastructure or instrumentation that may be used
for the conduct of classified programs.
S. 1071—336
(E) The capacity of the institution to support the
administrative and security requirements of operating a
secure facility and network, including to support co-use
agreements with other partners requiring shared space
for meetings, storage, or computing involving classified
information.
(F) The location of the institution and whether selection
of the institution would promote geographic distribution
to ensure nationwide access to secure facilities and net-
works, particularly in underrepresented States.
(G) The economic viability and sustainability of any
secure facility or network proposed to be deployed at the
campus of the institution if selected, as determined through
business use case analyses.
(2) A plan for the implementation of the programs referred
to in subsection (a), including, at a minimum, an identification
of not fewer than five institutions of higher education that
the Secretary determines would meet the criteria identified
pursuant to paragraph (1).
(d) SUBMISSION TO CONGRESS.—Not later than 270 days after
the date of enactment of this Act, the Secretary shall submit to
the congressional defense committees the results of the assessment
under subsection (a).
(e) DEFINITIONS.—In this section:
(1) The term ‘‘institution of higher education’’ has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(2) The term ‘‘underrepresented State’’ means any State
or territory eligible to participate in the program of the Depart-
ment known as the ‘‘Defense Established Program to Stimulate
Competitive Research’’ program.
Subtitle G—Other Matters
SEC. 1081. EXTENSION OF THE NATIONAL COMMISSION ON THE
FUTURE OF THE NAVY.
Section 1092 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136
Stat. 2809), as amended by section 1083 of the Service Member
Quality of Life Improvement and National Defense Authorization
Act for Fiscal Year 2025 (Public Law 118–159), is further
amended—
(1) in subsection (a)(4), by striking ‘‘January 15, 2026’’
and inserting ‘‘July 1, 2027’’;
(2) in subsection (c)(3), by adding at the end the following
new sentences: ‘‘The commission may request access to special
access programs. The commission may employ personnel and
obtain detailees who hold the security clearances necessary
to review classified information.’’; and
(3) in subsection (e), by striking ‘‘90 days’’ and inserting
‘‘180 days’’.
S. 1071—337
SEC. 1082. FEDERAL AGENCY SUPPORT FOR AFGHANISTAN WAR
COMMISSION.
Section 1094(f)(2) of the Afghanistan War Commission Act of
2021 (section 1094(f)(2) of Public Law 117–81; 135 Stat. 1941)
is amended by adding at the end the following new subparagraph:
‘‘(D) SERVICES.—
‘‘(i) DEPARTMENT OF DEFENSE.—The Secretary of
Defense may provide to the Commission, on a nonreim-
bursable basis, such administrative services, funds,
staff, facilities, and other support services as are nec-
essary for the performance of the duties of the Commis-
sion under this section.
‘‘(ii) OTHER AGENCIES.—In addition to any support
provided under clause (i), the head of any other Federal
department or agency may provide to the Commission
such services, funds, facilities, staff, and other support
as the head of such department or agency determines
advisable and as may be authorized by law.’’.
SEC. 1083. PROVISION OF CONTRACT AUTHORITY TO AFGHANISTAN
WAR COMMISSION.
Subsection (f) of the Afghanistan War Commission Act of 2021
(section 1094(f) of Public Law 117–81; 135 Stat. 1941) is amended
by adding at the end the following new paragraph:
‘‘(6) CONTRACT AUTHORITY.—To such extent and in such
amounts as are provided in appropriation Acts, the Co-Chair-
persons of the Commission may enter into contracts to enable
the Commission to discharge its duties under this section.’’.
SEC. 1084. REAUTHORIZATION OF SERVICEWOMEN’S COMMEMORA-
TIVE PARTNERSHIP.
Section 362(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 10 U.S.C. 7771 note prec.) is amended—
(1) by striking ‘‘for fiscal year 2021, as identified in division
D of this Act’’ and inserting ‘‘by the National Defense Authoriza-
tion Act for Fiscal Year 2026’’; and
(2) by striking ‘‘$3,000,000’’ and inserting ‘‘$1,000,000’’.
SEC. 1085. AUKUS IMPROVEMENT ACT OF 2025.
(a) SHORT TITLE.—This section may be cited as the ‘‘AUKUS
Improvement Act of 2025’’.
(b) MODIFICATION TO AUKUS DEFENSE TRADE COOPERATION.—
Section 38(l) of the Arms Export Control Act (22 U.S.C. 2778(l))
is amended—
(1) in paragraph (2), by adding at the end the following:
‘‘The congressional notification requirements of subsections (c)
and (d) of section 36 shall not apply with respect to the export
or transfer of defense articles or defense services subject to
the exemption described in this paragraph.’’; and
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
‘‘(7) EXEMPTION FROM CERTAIN REQUIREMENTS.—
‘‘(A) IN GENERAL.—Defense articles sold by the United
States under this Act, whether pursuant to the exemption
authorized under this section or pursuant to an exemption
under another authority under this Act, may be reexported,
retransferred or temporarily imported exclusively between
S. 1071—338
the Government of Australia, the Government of the United
Kingdom, or entities described in paragraph (b) of section
126.7(b)(2) of title 22, Code of Federal Regulations, or suc-
cessor regulations, that are eligible for the exemption
described in paragraph (a) of such section, notwithstanding
the requirement for the consent of the President under
section 3(a)(2) or section 505(a)(1)(B) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2314(a)(1)(B)).
‘‘(B)
INTRA-COMPANY,
INTRA-ORGANIZATIONAL,
AND
INTRA-GOVERNMENTAL
TRANSFERS.—Intra-company, intra-
organization, and intra-governmental transfers related to
defense articles described in subparagraph (A) are author-
ized to be made between officers, employees, and agents
who meet the definition of the term ‘regular employee’
under section 120.64 of title 22, Code of Federal Regula-
tions, or successor regulations, including dual nationals
or third-country nationals who satisfy the requirements
of section 126.18 of title 22, Code of Federal Regulations,
or successor regulations.’’.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for five years, the
President shall submit to the appropriate congressional committees
a report with respect to the use of the expedited review process
established by section 1344 of the National Defense Authorization
Act for Fiscal Year 2024 (22 U.S.C. 10423), that includes the fol-
lowing:
(1) An update on the progress made toward implementing
such expedited review process.
(2) The number of licenses issued under such process.
(3) A list of each recipient of such license.
(d) REQUIREMENT TO REVIEW EXCLUDED TECHNOLOGY LIST.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, and annually for five years and
every three years thereafter for 12 years, the Secretary of
State, in consultation with the Secretary of Defense, shall
review Supplement No. 2 to part 126 of title 22, Code of
Federal Regulations, commonly known at the ‘‘Excluded Tech-
nology List’’, to ensure inclusion of only those items required
by statute or otherwise determined by the Secretary of State
to require continued licensing review for reasons of United
States national security.
(2) REPORT.—The Secretary of State shall submit to the
appropriate congressional committees and the Committee on
Armed Services of the House of Representatives and the Com-
mittee on Armed Services of the Senate a report on the results
of each review required by this subsection. Each such report
shall include a justification of any item removed or added
to the Excluded Technology List.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Affairs of the House of Rep-
resentatives; and
(2) the Committee on Foreign Relations of the Senate.
S. 1071—339
SEC. 1086. FRAMEWORK FOR REFORMING TECHNOLOGY TRANSFER
AND FOREIGN DISCLOSURE POLICIES.
(a) FRAMEWORK DEVELOPMENT.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall produce a framework to revise technology transfer and foreign
disclosure policies and processes of the military departments and
the technology transfer and foreign disclosure committees.
(b) FRAMEWORK ELEMENTS.—The framework produced pursuant
to subsection (a) shall include the following:
(1) Guidelines for balancing the protection of technology
and classified information with the requirement to share tech-
nology and classified defense information.
(2) A process to gather, consider, and, as appropriate, incor-
porate input from Federal agencies and industry stakeholders,
in accordance with subsection (d), to inform revisions to the
technology transfer and foreign disclosure policies and processes
of the Department of Defense.
(3) Recommendations for updating the National Disclosure
Policy to accommodate the use of emerging and advanced
defense such as artificial intelligence, directed energy, micro-
wave systems, counter-unmanned aerial systems, missile
defense, cybersecurity, quantum technologies, hypersonics,
autonomous systems, and such other technologies as the Sec-
retary determines appropriate.
(4) Mechanisms to enable the military departments and
the Defense Technology Security Administration to streamline
the approval process for technology transfers.
(5) Mechanisms to enhance transparency to ensure the
technology transfer policies of the Department of Defense and
each of the military departments specifically are comparable
with respect to capability and country release tiers for emerging
and advanced defense items.
(6) A plan to consolidate technology security and foreign
disclosure approvals in accordance with Executive Order 14268,
titled ‘‘Reforming Foreign Defense Sales to Improve Speed and
Accountability’’ and dated April 9, 2025.
(7) An updated Department of Defense Directive 5111.21
to address roles, responsibilities and members of the Arms
Transfer and Technology Release Senior Steering Group of
the Department of Defense.
(8) Metrics to evaluate the effectiveness of the technology
transfer policies of the military departments and the National
Disclosure Policy to enable the transfer of defense items to
allies and partners of the United States while ensuring protec-
tion of United States technology.
(9) An annual requirement to conduct an audit of license
applications that were denied during the prior year on the
basis of technology transfer policies of the military departments
or the Defense Technology Security Administration.
(10) A description of the charter of each technology security
and foreign disclosure committee, its participants, and its rela-
tionship to other technology security and foreign disclosure
committees.
(c) IMPLEMENTATION.—Not later than one year after the date
of the submission of the framework under subsection (a), and not
less frequently than annually thereafter, the Secretary of Defense
shall direct the Secretary of each of the military departments and
S. 1071—340
the heads of the technology security and foreign disclosure commit-
tees to revise the technology transfer policy of that department
and the Under Secretary of Defense for Policy to revise the National
Disclosure Policy, based on the elements of the framework under
subsection (b).
(d) STAKEHOLDER
ENGAGEMENT.—At least once every six
months, the Secretaries of the military departments, the Under
Secretary of Defense for Acquisition and Sustainment, and the
Under Secretary of Defense for Policy shall consult with such rep-
resentatives from the defense industry as the Secretaries and Under
Secretary consider appropriate, including representatives from non-
traditional defense contractors (as such term is defined by section
3014 of title 10, United States Code) in the course of carrying
out subsections (a), (b), and (c).
(e) REPORTING REQUIREMENTS.—
(1) SUBMISSION OF FRAMEWORK.—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 containing the framework produced under subsection
(a).
(2) ANNUAL REPORTS.—Not later than one year after the
date of the submission of the framework required under sub-
section (a), and not less frequently than annually thereafter,
the Secretary of Defense shall submit to the congressional
defense committees a report that includes the following:
(A) A description of any actions taken to improve the
technology transfer policies of the military departments
and the technology security and foreign disclosure commit-
tees in accordance with the implementation requirements
under subsection (c).
(B) A description of actions taken to implement or
incorporate industry recommendation into the technology
transfer policies of the military departments and the
National Disclosure Policy.
(C) A summary of any feedback from industry stake-
holders with respect to current applications of the tech-
nology transfer policies of the military departments and
the National Disclosure Policy, and a description of any
actions taken to address such feedback.
(D) The results of an audit of license applications that
were denied during the preceding 12-month period on the
basis of technology transfer policies of the military depart-
ments or the technology security and foreign disclosure
committees, including information and data that link such
denials to the policies in effect at the time of denial.
(E) Any recommendations of the Secretary for legisla-
tion necessary to improve technology release and foreign
disclosure policies of the Department of Defense.
(3) FORM.—Each report submitted under this subsection
shall be submitted in unclassified form, but may include a
classified annex.
S. 1071—341
SEC. 1087. PROCUREMENT AND DISTRIBUTION OF SPORTS FOODS AND
DIETARY SUPPLEMENTS TO MEMBERS OF THE ARMED
FORCES ASSIGNED TO THE UNITED STATES SPECIAL
OPERATIONS COMMAND.
(a) PROCUREMENT AND DISTRIBUTION.—The Commander of the
United States Special Operations Command may authorize, from
amounts appropriated to the Department of Defense for Major
Force Program 11—
(1) the procurement of sports foods and dietary supple-
ments; and
(2) the distribution of such foods and supplements to mem-
bers of the Armed Forces assigned to the United States Special
Operations Command.
(b) REQUIREMENTS.—
(1) IN GENERAL.—The Commander of the United States
Special Operations Command shall—
(A) establish policies for the procurement and distribu-
tion of sports foods and dietary supplements under this
section; and
(B) require that such procurement and distribution
is in compliance with—
(i) Department of Defense Instruction 6130.06,
titled ‘‘Use of Dietary Supplements in the Department
of Defense’’; and
(ii) the prohibited dietary supplement ingredients
list of the Department.
(2) POLICIES.—The policies established under paragraph
(1) shall provide that—
(A) dietary supplements procured or distributed under
this section are required to be certified by a non-Depart-
ment third-party certifying organization that Operation
Supplement Safety of the Department has vetted for end-
product quality assurance;
(B) dietary supplements and sports foods procured or
distributed under this section are required to be free of
contaminants and ingredients and substances prohibited
by the Department (including any ingredients and sub-
stances that are synonymous with such prohibited ingredi-
ents and substances);
(C) sports foods and dietary supplements may only
be distributed to members of the Armed Forces—
(i) by a credentialed and privileged registered
(performance) dietitian or a medical clinician with pre-
scribing authority who is assigned to or supporting
the United States Special Operations Command at the
operational unit level; and
(ii) under the guidance and oversight of a primary
care sports medicine physician.
(c) RULE OF CONSTRUCTION.—The procurement and distribution
of sports foods and dietary supplements under this section shall
be construed to supplement and not supplant—
(1) any morale, welfare, or recreation funds or activities
otherwise required or available; and
(2) any funding made available for, and services provided
by, any dining facility of the Department.
(d) REPORT.—Not later than September 30, 2026, the Secretary
of Defense shall submit to the congressional defense committees
S. 1071—342
a report that contains an assessment of the feasibility and advis-
ability of expanding the authority under this section for the procure-
ment and distribution of sports foods and third-party certified
dietary supplements to include the military departments.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘dietary supplement’’ means a product under
meaning given that term in section 201(ff) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(ff)) for which nutrition
labeling in the form of a supplement facts panel is required.
(2) The term ‘‘sports food’’ means a food product that—
(A) delivers essential energy (in the form of calories)
and nutrients; and
(B) is packaged in a container that includes nutrition
labeling in the form of a supplement facts panel.
SEC. 1088. PILOT PROGRAM ON ENHANCED USE OF ADVANCED SENSOR
NETWORKS
TO
IMPROVE
AIR
FORCE
COUNTER-
UNMANNED AIRCRAFT SYSTEM CAPABILITIES FOR BASE
DEFENSE.
(a) ESTABLISHMENT.—Beginning not later than 180 days after
the date of the enactment of this Act, the Secretary of the Air
Force, in coordination with the Director of the Joint Interagency
Task Force 401 established under section 199 of title 10, United
States Code, as added by section 912, and in consultation with
the Administrator of the Federal Aviation Administration, shall
carry out a pilot program, to be known as the ‘‘Enhancing Coopera-
tion for Counter-Unmanned Aircraft Systems Program’’, under
which the Secretary shall incorporate the use of civilian civil air-
space sensor networks into Air Force data processing systems to—
(1) improve base defense against small unmanned aircraft
systems (in this section referred to as ‘‘sUAS’’);
(2) inform the development of counter-unmanned aircraft
system capabilities that are suitable for use inside the United
States and in the National Airspace System; and
(3) enhance cooperation with law enforcement, State and
local partners, and other Federal departments and agencies
to counter domestic threats.
(b) LOCATIONS.—The Secretary, in coordination with the
Director and in consultation with the Administrator, shall select
at least two military installations located in the United States
at which to conduct the pilot program. In selecting such military
installations, the Secretary shall consider the potential for the
Air Force to—
(1) access advanced civilian airspace sensor networks;
(2) leverage public-private partnerships that enable multi-
use of airspace awareness capabilities for public safety, defense
of critical infrastructure to include Department of Defense
installations, and protection of civil aviation; and
(3) minimize the potential for negatively affecting civil
aircraft operations in the National Airspace System.
(c) OBJECTIVES.—The objectives of the pilot program are—
(1) to provide the Air Force with access to air space aware-
ness data derived from civilian airspace sensor networks to
increase the situational awareness of Air Force bases;
(2) to determine any authority, capability, and capacity
barriers to enhancing cooperation between the Air Force,
S. 1071—343
civilian partners, and other Federal, State, and local govern-
ment entities to extend the over-the-horizon identification of
potential sUAS threats beyond the current range of existing
domestic base defense systems; and
(3) to improve the data-sharing frameworks for airspace
data between the Air Force and various stakeholders for the
purpose of base defense.
(d) CONTRACT AUTHORITY.—In carrying out the pilot program,
the Secretary of the Air Force may enter into one or more contracts
for the procurement of additional technologies capable of—
(1) leveraging commercial or Government off-the-shelf
detect-track-defeat systems;
(2) integrating and using civilian airspace awareness data
to serve as an early warning capability specifically to help
identify and monitor non-compliant sUAS; and
(3) informing appropriate communication mechanisms
between military installations and local law enforcement agen-
cies to report and track non-compliant air vehicles, deter incur-
sions, and foster potential prosecution.
(e) BRIEFINGS.—Not later than 90 days after the conclusion
of all activities carried out under the pilot program at an installation
selected for such program, the Secretary shall provide to the appro-
priate congressional committees a briefing that includes a descrip-
tion 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.
(f) TERMINATION.—
(1) IN GENERAL.—The authority to carry out a pilot program
under this section shall terminate on the date that is five
years after the date of the enactment of this Act.
(2) EARLY TERMINATION OPTION.—The Secretary of the Air
Force may request the termination of the pilot program before
the date specified in paragraph (1) if the Secretary—
(A) determines that administrative, legal, performance,
or other factors indicate the program will not be successful;
and
(B) submits to the appropriate congressional commit-
tees notice in writing of such determination.
(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives; and
(2) the Committee on Armed Services and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 1089. PILOT PROGRAM AND OTHER REQUIREMENTS FOR ACCEL-
ERATING PROTECTION OF CERTAIN FACILITIES AND
ASSETS FROM UNMANNED AIRCRAFT.
(a) REQUIREMENTS.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Joint Interagency Task Force 401 established under
section 199 of title 10, United States Code, as added by section
912, shall ensure that for each covered facility or asset at which
S. 1071—344
the Secretary has determined counter-UAS operations are necessary
to mitigate the threat that an unmanned aircraft system poses
to the safety or security of such covered facility or asset—
(1) any administrative action required for the effective use
of the authorities under section 130i of title 10, United States
Code, for the protection of the covered facility or asset not
contingent upon action by another Federal department or
agency has been completed, including the establishment of
appropriate policies for the training of relevant personnel upon
the deployment of new counter-UAS systems, annual training,
and training for newly assigned personnel;
(2) any such training required for the safe or effective
use of counter-UAS systems for such protection has been com-
pleted; and
(3) planning to deploy and sustain systems similar to those
procured pursuant to the pilot program under subsection (b)
in a manner appropriate for the covered facility or asset has
commenced.
(b) PILOT PROGRAM FOR DEPLOYMENT OF CERTAIN COUNTER-
UAS SYSTEMS.—
(1) PILOT
PROGRAM.—The Secretary, acting through the
Joint Interagency Task Force 401 established under section
199 of title 10, United States Code, as added by section 912,
and in coordination with the Administrator as required by
section 130i of title 10, United States Code, shall carry out
a pilot program for the deployment of covered counter-UAS
systems to expeditiously demonstrate enhanced protective
capabilities for certain covered facilities or assets (in this sub-
section, referred to as the ‘‘pilot program’’).
(2) ELEMENTS.—Under the pilot program, the Secretary
shall—
(A) not later than 180 days after the date of the enact-
ment of this Act, select and procure covered counter-UAS
systems for deployment for the protection of at least four
covered facilities or assets identified for purposes of the
pilot program;
(B) not later than 240 days after the date of the enact-
ment of this Act submit to the congressional defense
committees a report on any delays caused by interagency
coordination requirements, particularly delays related to
site surveys by other agencies; and
(C) not later than one year after the date of the enact-
ment of this Act, ensure such covered counter-UAS systems
are so deployed with respect to each such identified covered
facility or asset.
(c) COORDINATION REQUIRED.—The Secretary shall carry out
this section consistent with the requirements of section 130i of
title 10, United States Code.
(d) BRIEFINGS.—Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter until the
date on which each requirement under this section is complete,
the Secretary, in consultation with the Administrator, shall provide
to the congressional defense committees and the Committee on
Transportation and Infrastructure of the House of Representatives
a briefing on the implementation of this section.
(e) DEFINITIONS.—In this section:
S. 1071—345
(1) The term ‘‘Administrator’’ means the Administrator of
the Federal Aviation Administration.
(2) The terms ‘‘counter-UAS system’’ and ‘‘small unmanned
aircraft’’ have the meanings given those terms in section 44801
of title 49, United States Code.
(3) The term ‘‘covered counter-UAS system’’ means a
counter-UAS system that—
(A) is capable of destroying or disabling a small
unmanned aircraft by means of high-powered microwave,
laser, or other similar technology; and
(B) may be integrated with appropriate sensing and
command-and-control systems.
(4) The term ‘‘covered facility or asset’’ means a facility
or asset with respect to which there is authority to carry
out section 130i of title 10, United States Code, for the protec-
tion of the facility or asset.
(5) The term ‘‘unmanned aircraft’’ has the meaning given
such term in section 130i(j) of title 10, United States Code.
SEC. 1090. PROCESS FOR COMPLAINTS AND INVESTIGATIONS OF
TRANSPORTATION SERVICE PROVIDERS AND TRANSPOR-
TATION OFFICERS.
(a) COMPLAINTS AND INVESTIGATIONS.—
(1) PROCESS
FOR
SUBMITTING
COMPLAINTS.—The Com-
mander of the United States Army Transportation Command
shall develop a process through which a transportation service
provider may submit a complaint to the Commander regarding
possible violations of the Military Freight Traffic Unified Rules
Publication or the Defense Transportation Regulations by
Department of Defense transportation officers and transpor-
tation service providers regarding any military shipments that
are required to be processed by the Global Freight Management
System.
(2) ELEMENTS.—The complaint process required under
paragraph (1) shall include each of the following:
(A) An identification of the information the complain-
ant should provide as part of a complaint to assist the
Commander in reviewing and investigating the complaint,
including references to the rules that were allegedly vio-
lated.
(B) A timeline for the adjudication of the complaint
and rendering of an initial finding by an individual des-
ignated by the Commander.
(C) A process for any party to appeal the initial finding
if the party believes the initial finding is incorrect, a
timeline for the review of the appeal, and a timeline for
the Commander to render a final decision.
(D) Such other elements as the Commander determines
appropriate.
(3) CONSEQUENCES FOR VIOLATIONS.—If, pursuant to a com-
plaint submitted through the complaint process under this sec-
tion, a transportation officer or transportation service provider
is found to have violated the Military Freight Traffic Unified
Rules Publication or the Defense Transportation Regulations,
the Commander shall impose a penalty in accordance with
the Military Freight Traffic Unified Rules Publication and the
Defense Transportation Regulations and, if applicable, work
S. 1071—346
with the transportation officer or transportation service pro-
vider to take corrective action.
(4) TRANSPORTATION OFFICER ACTIONS.—
(A) NOTIFICATION
PROCESS.—The Commander shall
establish a timely process through which a transportation
service provider may notify the United States Army
Transportation Command of any action a transportation
officer imposes against a transportation service provider,
such as a letter of non-use, if the transportation service
provider believes that such action was improper, excessive,
or not in accordance with the Military Freight Traffic Uni-
fied Rules Publication or Defense Transportation Regula-
tions.
(B) AUTHORITY TO OVERRIDE.—The Commander may
override any action taken by a transportation officer
against a transportation service provider if the Commander
believes such action was improper, excessive, or not in
accordance with the Military Freight Traffic Unified Rules
Publication or Defense Transportation Regulations. The
authority under this subparagraph includes revoking a
letter of non-use, reducing the duration of a letter of non-
use, and removing any service failure from the record of
the transportation service provider.
(b) GLOBAL FREIGHT MANAGEMENT TRAINING.—The Commander
of the United States Army Transportation Command shall provide
recurring training to all transportation officers and transportation
service providers that use the Global Freight Management System
to process and award Department of Defense shipments. Such
training shall include—
(1) detailed instruction on the Military Freight Traffic Uni-
fied Rules Publication and Defense Transportation Regulations;
(2) best practices for processing and awarding shipments
in the Global Freight Management system;
(3) the importance of awarding shipments transparently
and in accordance with Department of Defense policies; and
(4) such other information as the Commander determines
appropriate.
(c) FREIGHT CARRIER REGISTRATION PROGRAM.—
(1) UPDATE.—The Commander of the United States Army
Transportation Command shall update the freight carrier reg-
istration program to ensure that users of the program, including
Department of Defense personnel and transportation service
providers, are able to easily determine if a standard carrier
alpha code belongs to a motor carrier or broker.
(2) ANNUAL AUDIT REQUIREMENT.—Not less frequently than
annually, the Commander shall conduct an audit of the freight
carrier registration program to ensure that all approved
transportation service providers have active and appropriate
operating authority from the Department of Transportation.
SEC. 1091. DECLASSIFICATION OF CERTAIN RECORDS RELATING TO
TOWER 22 ATTACK.
(a) IN GENERAL.—Except as provided in subsections (b) an
(c), not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall declassify any Department
of Defense document or other Department of Defense record, which
has not previously been released or made publicly available, relating
S. 1071—347
to the attack on the United States Armed Forces at Tower 22,
Jordan, on January 28, 2024.
(b) RULE OF CONSTRUCTION.—Nothing in this section provides
authority for the Secretary of Defense to declassify any information
that the Secretary does not already have the authority to declassify
under Executive Order No. 13526, or any successor order.
(c) WAIVER.—The Secretary may waive the application of sub-
section (a) with respect to any record or document that reveals
any source, method, or capability or would otherwise compromise
the national security of the United States.
SEC. 1092. UPDATES AND PRESERVATION OF MEMORIALS TO CHAP-
LAINS AT ARLINGTON NATIONAL CEMETERY.
(a) UPDATES AND PRESERVATION OF MEMORIALS.—
(1) PROTESTANT CHAPLAINS MEMORIAL.—The Secretary of
the Army shall permit NCMAF—
(A) to modify the memorial to Protestant chaplains
located on Chaplains Hill to include a granite, marble,
or other stone base for the bronze plaque of the memorial;
(B) to provide an updated bronze plaque that includes
the name of each chaplain, verified as described in sub-
section (b), who died while serving on active duty in the
Armed Forces after the date on which the original memorial
was placed and before the date of the enactment of this
Act; and
(C) to make such other updates and corrections to
the memorial that the Secretary determines necessary.
(2) CATHOLIC CHAPLAIN MEMORIALS.—The Secretary of the
Army shall permit NCMAF—
(A) to update the Catholic chaplains memorial to
include the name of each chaplain, verified under sub-
section (b), who died while serving on active duty in the
Armed Forces after the date on which the original memorial
was placed and before the date of the enactment of this
Act; and
(B) to make such other updates and corrections to
the memorial that the Secretary determines necessary.
(3) JEWISH CHAPLAIN MEMORIALS.—The Secretary of the
Army shall permit NCMAF to update and make corrections
to the Jewish chaplain memorials located on Chaplains Hill
that the Secretary determines necessary.
(4) NO COST TO FEDERAL GOVERNMENT.—The activities of
NCMAF authorized by this subsection shall be carried out
at no cost to the Federal Government.
(b) VERIFICATION OF NAMES.—NCMAF may not include the
name of a chaplain on a memorial on Chaplains Hill under sub-
section (a) unless that name has been verified by the Chief of
Chaplains of the Army, Navy, or Air Force, or the Chaplain of
the United States Marine Corps, depending on the Armed Force
in which the chaplain served.
(c) PROHIBITION ON EXPANSION OF MEMORIALS.—Except as pro-
vided in subsection (a)(1)(A), this section may not be construed
as authorizing the expansion of any memorial that is located on
Chaplains Hill on the date of the enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Chaplains Hill’’ means the area in Arlington
National Cemetery that, as of the date of the enactment of
S. 1071—348
this Act, is generally identified and recognized as Chaplains
Hill.
(2) The term ‘‘NCMAF’’ means the National Conference
on Ministry to the Armed Forces or any successor organization
recognized in law for purposes of the operation of this section.
SEC. 1093. CRITICAL INFRASTRUCTURE COMPATIBILITY TABLETOP
EXERCISE.
(a) REQUIREMENTS.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall conduct
a tabletop exercise designed to assess the resiliency of United
States military installations and their surrounding communal
capabilities to collaboratively respond to weather disasters or adver-
sarial attacks made against the United States homeland. The table-
top exercise required under this section shall be designed to—
(1) be planned and executed across geographically-dis-
persed organizations;
(2)
integrate
policies,
procedures,
capabilities,
and
applicable authorities to ensure mission assurance during and
after cybersecurity incidents involving intelligent energy control
systems, traffic control systems, and incident response systems;
and
(3) include, as participating organizations, appropriate
municipal, county, State, and Federal government entities, and
public and private critical infrastructure service providers such
as energy, water, wastewater, transportation, and communica-
tions, and others as appropriate.
(b) ELEMENTS.—A tabletop exercise required under subsection
(a) shall be designed to evaluate, at a minimum, the following
elements:
(1) The resilience of community critical infrastructure to
enhance, advance, and supplant that of surrounding military
installations in the event of attacks upon military critical infra-
structure.
(2) The ability of a military installation, in coordination
with
community
leadership,
to
coordinate
efforts
and
operationalize available infrastructure and resources presented
by defense communities in the area surrounding the military
installation.
(3) State and Federal Government response options to
maintain the viability of domestic critical infrastructure in
the event of a disruption lasting multiple days across more
than one region.
(4) An assessment of the mobility of the Armed Forces
from their installations in the event of an attack upon critical
infrastructure and logistical chokepoints.
(5) The resiliency of military key command and control
nodes during the tabletop exercise.
(c) CONSULTATION REQUIREMENT.—In carrying out this section,
the Secretary shall consult with the Secretaries of each of the
military departments and the heads of such Federal departments
and agencies as the Director determines appropriate.
(d) BRIEFING.—Following the conclusion of the tabletop exercise
required under subsection (a), the Director shall provide to the
Committees on Armed Services of the Senate and House of Rep-
resentatives a briefing, on the exercise. Such briefing shall include—
S. 1071—349
(1) observations and lessons learned as a result of the
tabletop exercise;
(2) recommendations to improve the resiliency of, and
reduce vulnerabilities in, the domestic critical infrastructure
of the United States in the event of a military contingency;
and
(3) recommendations to enhance cooperation between mili-
tary installations and local communities that promotes com-
prehensive community planning with attention to operational
resiliency.
SEC. 1094. IRREGULAR WARFARE EXERCISE LABORATORY.
(a) IN GENERAL.—The Secretary of Defense may establish and
maintain an Irregular Warfare Exercise Laboratory to—
(1) support the training, experimentation, preparation, and
validation of the United States Armed Forces to conduct full-
spectrum irregular warfare activities; and
(2) enable activities to build the capacity and interoper-
ability of the national security forces of friendly foreign coun-
tries.
(b) AUTHORITIES.—In carrying out the activities authorized
under subsection (a), the Secretary may use the authorities under
chapter 16 of title 10, United States Code, or other applicable
statutory authorities available to the Secretary of Defense.
(c) NATIONAL SECURITY FORCES DEFINED.—In this section, the
term ‘‘national security forces’’ has the meaning given that term
in section 301 of title 10, United States Code.
SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE STRATEGY.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—As of the date specified in paragraph
(2), there is established an independent commission in the
legislative branch to be known as the ‘‘Commission on the
National Defense Strategy’’ (in this section referred to as the
‘‘Commission’’).
(2) DATE SPECIFIED.—The date specified in this paragraph
is the date that is not later than 15 days after the date on
which the Secretary of Defense provides a national defense
strategy as required by section 113(g) of title 10, United States
Code.
(3) PURPOSE.—The purpose of the Commission is to
examine and make recommendations with respect to the
national defense strategy of the United States.
(4) SCOPE
AND
DUTIES.—In order to provide the fullest
understanding of the national defense strategy the Commission
shall perform the following duties:
(A) The Commission shall review the most recent
national defense strategy of the United States including
the assumptions, strategic objectives, priority missions,
major investments in defense capabilities, force posture
and structure, operational concepts, and strategic and mili-
tary risks associated with the strategy.
(B) The Commission shall conduct a comprehensive
assessment of the strategic environment, including—
(i) United States interests;
(ii) the threats to the national security of the
United States, including both traditional and non-
traditional threats;
S. 1071—350
(iii) the size and shape of the force;
(iv) the readiness of the force;
(v) the posture, structure, and capabilities of the
force;
(vi) allocation of resources; and
(vii) the strategic and military risks present in
the national defense strategy.
(5) COMMISSION REPORT AND RECOMMENDATIONS.—
(A) REPORT.—
(i) IN
GENERAL.—Not later than one year after
the date of establishment of the Commission, the
Commission shall transmit to the President and Con-
gress a report containing the review and assessment
conducted under paragraph (4), together with any rec-
ommendations of the Commission.
(ii) CONTENTS.—The report required by clause (i)
shall include the following elements:
(I) An appraisal of the strategic environment,
including an examination of the traditional and
non-traditional threats to the United States, and
the potential for conflicts arising from such threats
and security challenges.
(II) An evaluation of the strategic objectives
of the Department of Defense for near-peer com-
petition in support of the national security
interests of the United States.
(III) A review of the military missions for
which the Department of Defense should prepare,
including missions that support the interagency
and a whole-of-government strategy.
(IV)
An
identification
of
any
gaps
or
redundancies in the roles and missions assigned
to the Armed Forces necessary to carry out mili-
tary missions identified in subclause (III), and the
roles and capabilities provided by other Federal
agencies and by allies and international partners.
(V) An assessment of how the national defense
strategy leverages other elements of national
power across the interagency to counter near-peer
competitors.
(VI) An evaluation of the resources necessary
to support the strategy, including budget rec-
ommendations.
(VII) An examination of the efforts by the
Department of Defense to develop new and innova-
tive operational concepts to enable the United
States to more effectively counter near-peer
competitors.
(VIII) An analysis of the force planning con-
struct, including—
(aa) the size and shape of the force;
(bb) the posture, structure, and capabili-
ties of the force;
(cc) the readiness of the force;
(dd) infrastructure and organizational
adjustments to the force;
S. 1071—351
(ee) modifications to personnel require-
ments, including professional military edu-
cation; and
(ff) other elements of the defense program
necessary to support the strategy.
(IX) An assessment of the risks associated with
the strategy, including the relationships and trade-
offs between missions, risks, and resources.
(X) The findings and conclusions of the
Commission, together with such recommendations
for such legislative actions as the Commission con-
siders appropriate.
(XI) Any other elements the Commission con-
siders appropriate.
(B) BRIEFINGS.—
(i) IN GENERAL.—Not later than 180 days after
the date of the establishment of the Commission, the
Commission shall provide to the Committees on Armed
Services of the Senate and the House of Representa-
tives a briefing on the status of the review and assess-
ment required by paragraph (4), including a discussion
of any interim recommendations.
(ii) INTERIM
BRIEFINGS.—At the request of the
Chair and Ranking Member of the Committee on
Armed Services of the Senate, or the Chair and
Ranking Member of the Committee on Armed Services
of the House of Representatives, the Commission shall
provide the requesting Committee with interim
briefings in addition to the briefing required by clause
(i).
(C) FORM
OF
REPORT.—The report required under
subparagraph (A) shall be submitted in unclassified form,
but may include a classified annex.
(6) POWERS OF COMMISSION.—
(A) HEARINGS.—The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under this sec-
tion.
(B) INFORMATION
FROM
FEDERAL
AGENCIES.—The
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out its duties under this section.
Upon request of the Chair of the Commission, the head
of such department or agency shall furnish such informa-
tion to the Commission.
(C) USE OF POSTAL SERVICE.—The Commission may
use the United States mails in the same manner and
under the same conditions as other departments and agen-
cies of the Federal Government.
(D) AUTHORITY TO ACCEPT GIFTS.—
(i) IN GENERAL.—The Commission may accept, use,
and dispose of gifts or donations of services, goods,
and property from non-Federal entities for the purposes
of aiding and facilitating the work of the Commission.
The authority under this paragraph does not extend
to gifts of money.
S. 1071—352
(ii) DOCUMENTATION; CONFLICTS
OF
INTEREST.—
The Commission shall document gifts accepted under
the authority provided by clause (i) and shall avoid
conflicts of interest or the appearance of conflicts of
interest.
(iii) COMPLIANCE
WITH
CONGRESSIONAL
ETHICS
RULES.—Except as specifically provided in this section,
a member of the Commission shall comply with rules
set forth by the Select Committee on Ethics of the
Senate and the Committee on Ethics of the House
of Representatives governing employees of the Senate
and the House of Representatives, respectively.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be composed of
eight members, of whom—
(A) one shall be appointed by the Speaker of the House
of Representatives;
(B) one shall be appointed by the Minority Leader
of the House of Representatives;
(C) one shall be appointed by the Majority Leader
of the Senate;
(D) one shall be appointed by the Minority Leader
of the Senate;
(E) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(F) one shall be appointed by the Ranking Member
of the Committee on Armed Services of the Senate;
(G) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of Representa-
tives; and
(H) one shall be appointed by the Ranking Member
of the Committee on Armed Services of the House of Rep-
resentatives.
(2) CHAIR AND VICE CHAIR.—
(A) CHAIR.—The Chair of the Committee on Armed
Services of the Senate and the Chair of the Committee
on Armed Services of the House of Representatives, with
the concurrence of the Majority Leader of the Senate and
the Speaker of the House of Representatives, shall jointly
designate one member of the Commission to serve as Chair
of the Commission.
(B) VICE CHAIR.—The Ranking Member of the Com-
mittee on Armed Services of the Senate and the Ranking
Member of the Committee on Armed Services of the House
of Representatives, with the concurrence of the Minority
Leader of the Senate and the Minority Leader of the House
of Representatives, shall jointly designate one member of
the Commission to serve as Vice Chair of the Commission.
(3) APPOINTMENTS.—
(A) APPOINTMENT DATE.—Members shall be appointed
to the Commission under paragraph (1) by not later than
60 days after the date of the establishment of the Commis-
sion.
(B) EFFECT OF NON-APPOINTMENT.—
(i) IN GENERAL.—If an appointment under this sub-
section is not made by the date specified under
S. 1071—353
subparagraph (A), the authority to make such appoint-
ment shall devolve to a member of Congress of the
same party and same chamber eligible to appoint under
this subsection.
(ii) EXPIRATION
OF
APPOINTMENT
AUTHORITY.—If
an appointment is not made within 90 days of
establishment, the authority to make such appointment
shall expire.
(C)
RESTRICTION
ON
APPOINTMENT.—Officers
or
employees of the Federal Government (other than experts
or consultants the services of which are procured under
section 3109 of title 5, United States Code) may not be
appointed as members of the Commission. Nothing in this
subparagraph precludes the appointment of any retired
or former officer or employee of the Federal government.
(D) RESTRICTION ON MEMBERS OF CONGRESS.—Members
of Congress may not serve on the Commission.
(4) PERIOD OF APPOINTMENT; VACANCIES; REMOVAL OF MEM-
BERS.—
(A)
APPOINTMENT
DURATION.—Members
shall
be
appointed for the life of the Commission.
(B) VACANCIES.—Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(C) REMOVAL
OF
MEMBERS.—A member may be
removed from the Commission for cause by the individual
serving in the position responsible for the original appoint-
ment of such member under subsection (b)(1), provided
that notice has first been provided to such member of
the cause for removal and voted and agreed upon by three
quarters of the members serving. A vacancy created by
the removal of a member under this subsection shall not
affect the powers of the Commission, and shall be filled
in the same manner as the original appointment was made.
(5) QUORUM.—.A majority of the members serving on the
Commission shall constitute a quorum.
(6) INITIAL MEETING.—Not later than 30 days after the
date on which all members of the Commission have been
appointed as published in the Congressional Record, the
Commission shall hold its initial meeting.
(c) PERSONNEL MATTERS.—
(1) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, members of the Commission shall be deemed
to be Federal employees in the legislative branch subject to
all the laws and policies applicable to legislative branch
employees.
(2) OATH OF OFFICE.—Notwithstanding the provision of sec-
tion 2903(b) of title 5, United States Code, an employee of
an Executive Branch agency, otherwise authorized to admin-
ister oaths under section 2903 of title 5, United States Code,
may administer the oath of office to Commissioners for the
purpose of their service to the Commission.
(3)
SECURITY
CLEARANCES.—The
appropriate
Federal
departments or agencies shall cooperate with the Commission
in expeditiously providing to the Commission members and
S. 1071—354
staff appropriate security clearances to the extent possible
pursuant to existing procedures and requirements, except that
no person may be provided with access to classified information
under this Act without the appropriate security clearances.
(4) PAY FOR MEMBERS.—Each member of the Commission
may be compensated at a rate not to exceed the daily equivalent
of the annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers
or employees of the United States shall serve without com-
pensation additional to that received for their services as offi-
cers or employees of the United States.
(5) STAFF.—
(A) EXECUTIVE DIRECTOR.—The Chair of the Commis-
sion may appoint and fix the rate of basic pay for an
Executive Director in accordance with section 3161 of title
5, United States Code.
(B) COMMISSION STAFF.—The Executive Director may
appoint and fix the rate of basic pay for additional per-
sonnel as staff of the Commission in accordance with sec-
tion 3161 of title 5, United States Code.
(C) DETAILEES
AUTHORIZED.—On a reimbursable or
non-reimbursable basis, the heads of departments and
agencies of the Federal Government may provide, and the
Commission may accept personnel detailed from such
departments and agencies, including active-duty military
personnel.
(D) TRAVEL EXPENSES.—The members and staff of the
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes
or regular places of business in the performance of services
for the Commission.
(d) SUPPORT.—
(1) ASSISTANCE FROM DEPARTMENT OF DEFENSE.—
(A) IN
GENERAL.—Of the amounts authorized to be
appropriated for the Department of Defense for support
of the Commission, the Secretary may make transfers to
the Commission for Commission expenses, including com-
pensation of Commission members, officers, and employees,
and provision of other such services, funds, facilities, and
other support services as necessary for the performance
of the Commission’s functions. Funds made available to
support and provide assistance to the Commission may
be used for payment of compensation of members, officers,
and employees of the Commission without transfer under
this subparagraph. Amounts transferred under this
subparagraph shall remain available until expended.
Transfer authority provided by this subparagraph is in
addition to any other transfer authority provided by law.
Section 2215 of title 10, United States Code, shall not
apply to a transfer of funds under this subparagraph.
(B) TREASURY ACCOUNT AUTHORIZED.—The Secretary
of the Treasury may establish an account or accounts for
S. 1071—355
the Commission from which any amounts transferred under
this clause may be used for activities of the Commission.
(2) LIAISON.—The Secretary shall designate at least one
officer or employee of the Department of Defense to serve
as a liaison officer between the Department and the Commis-
sion.
(3) ADDITIONAL SUPPORT.—To the extent that funds are
available for such purpose, or on a reimbursable basis, the
Secretary may, at the request of the Chair of the Commission—
(A) enter into contracts for the acquisition of adminis-
trative supplies and equipment for use by the Commission;
and
(B) make available the services of a Federal funded
research and development center or an independent, non-
governmental
organization,
described
under
section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code.
(4) PRELIMINARY ADMINISTRATIVE SUPPORT AUTHORIZED.—
Upon the appointment of the Chair and Vice Chair under
subsection (b), the Secretary may provide administrative sup-
port authorized under this section necessary to facilitate the
standing up of the Commission.
(e) TERMINATION
OF
COMMISSION.—The Commission shall
terminate 90 days after the submission of the report required
by subsection (a)(5)(A).
TITLE XI—CIVILIAN PERSONNEL
Sec. 1101. Prohibition on the use of funds from carrying out a hiring freeze, reduc-
tion in force, or hiring delay without cause at a public shipyard.
Sec. 1102. Living quarter allowance for Department of Defense civilian employees
with permanent duty station in Guam.
Sec. 1103. Modification of temporary authority to appoint retired members of the
armed forces to positions in the Department of Defense.
Sec. 1104. Revisions to limitations on pay for officers and crews of maritime vessels
operated by or for the United States.
Sec. 1105. One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for Federal civilian employees
working overseas.
Sec. 1106. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1107. Modifications to total force management requirements.
Sec. 1108. Definition of defense industrial base facility for purposes of direct hire
authority.
Sec. 1109. Payment of retention bonuses to DOD civilian employees in Guam.
Sec. 1110. Amendments to title 5, United States Code.
Sec. 1111. Educational travel authority for dependents of certain employees.
Sec. 1112. Modification of direct hire authority for domestic defense industrial base
facilities.
Sec. 1113. Cyber workforce recruitment and retention.
Sec. 1114. Public shipyard apprentice program.
Sec. 1115. Personnel management.
SEC. 1101. PROHIBITION ON THE USE OF FUNDS FROM CARRYING
OUT A HIRING FREEZE, REDUCTION IN FORCE, OR HIRING
DELAY WITHOUT CAUSE AT A PUBLIC SHIPYARD.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2026 for the Department
of Defense may be used to—
(1) carry out a hiring freeze at a public shipyard;
(2) carry out a reduction in force at a public shipyard;
or
S. 1071—356
(3) delay without cause the filling of a vacant Federal
civilian employee position at a public shipyard.
SEC. 1102. LIVING QUARTER ALLOWANCE FOR DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES WITH PERMANENT DUTY
STATION 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) REPORT.—Not later than 1 year after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2026 and annually thereafter for the following 2 years, the
Secretary shall submit a report to the congressional defense commit-
tees on the use of the authority provided under this section.
‘‘(c) 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.
‘‘(d) SUNSET.—The authority to carry out this section shall
terminate 3 years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2026.’’.
SEC. 1103. MODIFICATION OF TEMPORARY AUTHORITY TO APPOINT
RETIRED MEMBERS OF THE ARMED FORCES TO POSI-
TIONS IN THE DEPARTMENT OF DEFENSE.
Section 1108 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283) is amended—
(1) in subsection (b)(1)(A)—
(A) in clause (i), by striking ‘‘or’’ at the end;
(B) in clause (ii), by striking ‘‘and’’ at the end and
inserting ‘‘or’’; and
(C) by inserting after clause (ii) the following:
‘‘(iii) licensed medical personnel; and’’; and
(2) in subsection (d), by striking ‘‘this Act’’ and inserting
‘‘the National Defense Authorization Act for Fiscal Year 2026’’.
SEC. 1104. REVISIONS TO LIMITATIONS ON PAY FOR OFFICERS AND
CREWS OF MARITIME VESSELS OPERATED BY OR FOR
THE UNITED STATES.
Section 5348 of title 5, United States Code is amended—
(1) in subsection (a)—
(A) by striking ‘‘subsection (b) of this section’’ and
inserting ‘‘subsection (c)’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, not to exceed the rate of pay for the Vice Presi-
dent under section 104 of title 3’’;
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new sub-
section (b):
S. 1071—357
‘‘(b) The aggregate pay limitation prescribed under section 5307
shall not apply to an employee whose pay is fixed under subsection
(a).’’.
SEC. 1105. 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 1104
of the Servicemember Quality of Life Improvement and National
Defense Authorization Act for Fiscal Year 2025 (Public Law 118–
159; 138 Stat. 2087), is further amended by striking ‘‘through
2025’’ and inserting ‘‘through 2026’’.
SEC. 1106. 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 1105 of the
Servicemember Quality of Life Improvement and National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159), is
further amended by striking ‘‘2026’’ and inserting ‘‘2027’’.
SEC. 1107. MODIFICATIONS TO TOTAL FORCE MANAGEMENT REQUIRE-
MENTS.
(a) GUIDANCE.—Not later than 30 days after the date of the
enactment of this Act, the Office of the Secretary of Defense shall,
in consultation with each Secretary of a military department, pro-
vide guidance to each such Secretary on the analysis required
under subsection (b) of section 129a of title 10, United States
Code. Such guidance shall include defining the seven required ele-
ments of the analysis under such subsection, on either a Depart-
ment-wide or component level.
(b) ADDITIONAL LIMITATIONS
ON REDUCTIONS.—Such section
129a is amended in subsection (b) by inserting after ‘‘full-time
equivalent levels’’ the following: ‘‘, or conduct any reductions or
realignments that occur outside the normal programming process
(including ad hoc, immediate, or unprogrammed changes) of 50
employees or more implemented before or after the submission
of the annual budget request,’’.
(c) ADDITIONAL REQUIREMENTS.—Such section 129a is amended
by adding at the end the following:
‘‘(h) REPORT TO CONGRESSIONAL DEFENSE COMMITTEES.—Not
later than 1 year after the date of the enactment of this subsection
and annually thereafter, the Secretary of Defense shall submit
a report to the congressional defense committees containing the
analysis conducted pursuant to subsection (b).’’.
(d) RIF NOTIFICATION.—Section 1597(d) of title 10, United
States Code, is amended—
(1) in the subsection heading, by inserting ‘‘OR SIGNIFICANT’’
after ‘‘INVOLUNTARY’’;
S. 1071—358
(2) by striking ‘‘or furlough of’’ and inserting ‘‘furlough,
or significant reduction of over 50’’; and
(3) by adding after the period at the end the following:
‘‘The Secretary shall notify the congressional defense commit-
tees and each Member of Congress representing the area in
which reductions are ordered. Such notification shall include
billet, activity name, number of employees at the location,
number of employees involuntarily separated by billet, reason
for the personnel action, actions to mitigate reductions, and
savings and costs.’’.
(e) BRIEFING.—Not later than 60 days after the date of the
enactment of this Act, the Office of the Secretary of Defense shall
provide the congressional defense committees with a briefing on
the following:
(1) The implementation of subsection (a) of this section.
(2) Efforts to update DOD Directive 1100.4 and DOD
Instruction 1100.22 to address the analysis required under
subsection (b) of such section 129a, as amended by this section.
SEC. 1108. DEFINITION OF DEFENSE INDUSTRIAL BASE FACILITY FOR
PURPOSES OF DIRECT HIRE AUTHORITY.
Section 1125(c) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114–
328) is amended by inserting ‘‘and includes supporting units of
a facility at an installation or base’’ after ‘‘United States’’.
SEC. 1109. PAYMENT OF RETENTION BONUSES TO DOD CIVILIAN
EMPLOYEES IN GUAM.
Chapter 81 of title 10, United States Code, is amended by
inserting after section 1599d the following (and conforming the
table of contents for such chapter accordingly):
‘‘§ 1599e. Payment of retention bonuses to DOD civilian
employees in Guam.
‘‘Notwithstanding subsection (f) of section 5754 of title 5, the
Secretary of Defense or Secretary of a military department may
waive the limit established under subsection (e)(1) of such section
and pay an otherwise eligible employee or category of employees
in the territory of Guam retention bonuses of up to 50 percent
of basic pay, based on a critical agency need.’’.
SEC. 1110. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
(a) MODERNIZING
COMPETITIVE
HIRING
AUTHORITIES
FOR
DEPARTMENT OF DEFENSE.—Section 3301 of title 5, United States
Code, is amended—
(1) by striking ‘‘The President’’ and inserting ‘‘(a) IN GEN-
ERAL.—The President’’; and
(2) by adding at the end the following new subsection:
‘‘(b) DOD PROCEDURES.—The President may authorize the
Department of Defense to determine the qualification, examination,
and assessment procedures for positions in the competitive service
based primarily on job-related competencies and skills, including
the use of structured interviews, technical evaluations, or skills-
based assessments, and alternative assessments.’’.
(b) MODERNIZING PUBLIC NOTICE REQUIREMENTS.—Section 3327
of title 5, United States Code, is amended by adding at the end
the following:
S. 1071—359
‘‘(c) The Office of Personnel Management may authorize the
Department of Defense to use flexible outreach methods, including
curated prospect sourcing, provided that all hiring opportunities
remain publicly accessible and merit-based.’’.
(c) ELIMINATION
OF
TIME-IN-GRADE
RESTRICTIONS.—Section
3361 of title 5, United States Code, is amended—
(1) by striking ‘‘An individual’’ and inserting ‘‘(a) IN GEN-
ERAL.—An individual’’; and
(2) by adding at the end the following:
‘‘(b) DOD PROMOTIONS.—Promotions in the competitive service
within the Department of Defense may be made based on dem-
onstrated skills and qualifications without regard to minimum time-
in-grade requirements, subject to agency policies and applicable
merit system principles.’’.
(d) SHARED TALENT POOLS AND STRUCTURED ASSESSMENTS.—
Subchapter I of chapter 33 of title 5, United States Code, is amended
by adding at the end the following (and conforming the table of
sections at the beginning of such subchapter accordingly):
‘‘§ 3330g. DOD use of shared talent pools and structured
assessments
‘‘(a) SHARED TALENT POOLS.—The Department of Defense may
share certificates of eligibles and curated prospect pools within
the Department. Certificates issued under this authority shall
remain valid for not less than one year from the date of issuance,
subject to agency-specific qualification checks.
‘‘(b) STRUCTURED ASSESSMENTS.—The Department of Defense
shall use validated structured interviews, technical evaluations,
or other skills-based assessments as part of the hiring process
for competitive service positions at the Department, in accordance
with regulations prescribed by the Office of Personnel Manage-
ment.’’.
(e) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit a report
to the congressional defense committees on the impact of this sub-
title and the amendments made by this subtitle on hiring at the
Department of Defense. Such report shall include an analysis on
the impact on the length of the hiring process, the quality of
applicants, the useability of the system for applicants and the
Department, the total number of individuals appointed through
alternative job postings, the total number of individuals appointed
from a shared applicant pool, and any identified challenges to
hiring.
SEC. 1111. EDUCATIONAL TRAVEL AUTHORITY FOR DEPENDENTS OF
CERTAIN EMPLOYEES.
(a) IN GENERAL.—Notwithstanding section 1599b of title 10,
United States Code, the Secretary of Defense shall direct the
Director of the Defense Travel Management Office to update the
Joint Travel Regulations, not later than February 1, 2026, to
authorize educational travel for a dependent of a covered employee
without regard to whether the Federal agency responsible for the
employment of the covered employee anticipates that the covered
employee will, during the 30-day period following the scheduled
date of the dependent’s departure for the travel, be transferred
to a location in the United States or travel to the United States
for home leave.
S. 1071—360
(b) BRIEFINGS REQUIRED.—
(1) INITIAL BRIEFING.—Not later than February 1, 2026,
the Secretary shall brief the Committees on Armed Services
of the Senate and the House of Representatives on the update
to the Joint Travel Regulations required by subsection (a).
(2) SUBSEQUENT BRIEFINGS.—Not later than one year after
providing the briefing required by paragraph (1) and annually
thereafter until February 1, 2029, the Secretary shall brief
the Committees on Armed Services of the Senate and the
House of Representatives on the use of the authority described
in subsection (a) and the cost to the Federal Government of
the use of that authority.
(c) COVERED EMPLOYEE DEFINED.—In this section, the term
‘‘covered employee’’ means an employee of the Department of
Defense Education Activity assigned to United States Naval Station,
Guantanamo Bay, Cuba.
SEC.
1112.
MODIFICATION
OF
DIRECT
HIRE
AUTHORITY
FOR
DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES.
Section 1125(a) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended by inserting
‘‘, including to Navy Supervisor of Shipbuilding, Conversion, and
Repair positions’’ after ‘‘Facilities Base’’.
SEC. 1113. CYBER WORKFORCE RECRUITMENT AND RETENTION.
Section 1599f of title 10, United States Code, is amended—
(1) in subsection (a)(1)(A)—
(A) in clause (ii), by striking ‘‘and’’ at the end; and
(B) by inserting after clause (iii) the following:
‘‘(iv) positions held in combatant commands,
defense agencies, and field activities supporting the
United States Cyber Command; and
‘‘(v) up to 500 positions not otherwise described
in clauses (i) through (iv) that the Secretary determines
are hard-to-fill, highly skilled positions critical to cyber-
space planning and operations in defense of, and which
advance, U.S. national interests in collaboration with
domestic and international partners.’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) RATES OF PAY.—The Secretary—
‘‘(1) consistent with paragraph (2), shall fix the rates of
basic pay for employees appointed under subsection (a)(1)(B)—
‘‘(A) with a rate of pay provided for employees in com-
parable positions in the Federal Government; and
‘‘(B) subject to the same limitations on maximum rates
of pay established for such employees by statute or regula-
tion; and
‘‘(2) may prescribe a rate of basic pay for such an employee
so appointed at a rate not to exceed a rate equal to 150
percent of the maximum rate of basic pay authorized for posi-
tions at level I of the Executive Schedule under section 5312
of title 5.’’;
(3) in subsection (h)—
(A) in paragraph (1), by striking ‘‘five years after the
date of the enactment of this section’’ and inserting ‘‘three
years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2026’’; and
S. 1071—361
(B) in paragraph (2)(D), by adding at the end the
following:
‘‘(vii) The total number of positions, the title,
duties, and responsibilities of each position, and the
location of each position, including the assigned depart-
ment, agency, command, and cost of establishing,
appointing, and paying the salary of such positions.
‘‘(viii) A description of—
‘‘(I) how the Department has used the pay
authorities in subsection (b); and
‘‘(II) the effect of such authorities on recruit-
ment and retention in the Cyber Excepted
Service.’’;
(4) by redesignating subsection (k) as subsection (l); and
(5) by inserting after subsection (j) the following:
‘‘(k) FEDERAL WAGE SYSTEM POSITIONS.—The Secretary may—
‘‘(1) consistent with section 5341 of title 5, adopt such
provisions of that title to provide for prevailing rate systems
of basic pay; and
‘‘(2) apply those provisions to qualified positions for
employees in or under which the Department may employ
individuals described by section 5342(a)(2)(A) of such title.’’.
SEC. 1114. PUBLIC SHIPYARD APPRENTICE PROGRAM.
(a) FISCAL YEAR 2026 CLASSES.—During fiscal year 2026, the
Secretary of the Navy shall induct, at each of the Navy shipyards,
a class of not fewer than 100 apprentices.
(b) FISCAL YEAR 2027 COSTS.—The Secretary of the Navy shall
include the costs of the classes of Navy shipyard apprentices to
be inducted in fiscal year 2027 in the materials of the Department
of Defense supporting the fiscal year 2027 budget request submitted
to Congress by the President pursuant to section 1105(a) of title
31, United States Code.
SEC. 1115. PERSONNEL MANAGEMENT.
(a) POLICY AND REGULATIONS.—The Secretary of Defense shall
establish policy and prescribe regulations for the overall manage-
ment, oversight, and administration of civilian employees of the
military departments. Such policy and such regulations shall pro-
vide for such management, oversight, and administration to be
under the purview of—
(1) with respect to civilian employees of the Department
of the Army, a Deputy Chief of Staff of the Army detailed
to that position under section 7035 of title 10, United States
Code;
(2) with respect to civilian employees of the Department
of the Navy, the Chief of Naval Personnel appointed under
section 8081 of such title; and
(3) with respect to civilian employees of the Department
of the Air Force, a Deputy Chief of Staff of the Air Force
detailed to that position under section 9035 of such title.
(b) IMPLEMENTATION.—
(1) PLAN.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a plan to implement subsection (a).
S. 1071—362
(2) ISSUANCE OF REGULATIONS.—The Secretary of Defense
shall establish policy and prescribe regulations under sub-
section (a) not later than one year after the date of the enact-
ment of this Act.
(3) EFFECTIVE DATE.—Subsection (a) and the policy estab-
lished and regulations prescribed under subsection (a) shall
take effect on the date that is one year after the date of
the enactment of this Act.
TITLE XII—MATTERS RELATING TO
FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Modification of authorities.
Sec. 1202. Modification of authority to build capacity of foreign security forces.
Sec. 1203. Modification of payment of costs for Regional Centers for Security Stud-
ies.
Sec. 1204. Modification to Irregular Warfare Center and Regional Defense Fellow-
ship Program.
Sec. 1205. Modification of authority for Naval Small Craft Instruction and Tech-
nical Training School.
Sec. 1206. State partnership program selection analysis.
Sec. 1207. Enhancement of international biodefense capacity.
Subtitle B—Foreign Military Sales and Related Processes
Sec. 1211. Improvements to security cooperation workforce and defense acquisition
workforce.
Sec. 1212. Modifications to foreign military sales processes.
Sec. 1213. Periodic review of FMS-only list.
Sec. 1214. Assessment and establishment of office to support the acquisition of
specified non-program of record systems by foreign allies and partners.
Sec. 1215. Guidance for coordination of international arms transfers.
Subtitle C—Matters Relating to the Middle East
Sec. 1221. Extension of authority for reimbursement of certain coalition nations for
support provided to United States military operations.
Sec. 1222. Extension and modification of annual report on military power of Iran.
Sec. 1223. Extension and modification of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1224. Extension and modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1225. Counter-terrorism support.
Sec. 1226. Enhancing security partnership with Jordan and Lebanon.
Sec. 1227. Prohibition on funding to the Badr Organization.
Sec. 1228. Limitation on availability of funds for the Iraqi security forces.
Sec. 1229. Report on strategy for increasing membership in the Comprehensive Se-
curity Integration and Prosperity Agreement.
Sec. 1229A. Report on ISIS detention facilities in Syria.
Sec. 1229B. Report on United States force posture and activities in Syria.
Subtitle D—Matters Relating to Israel
Sec. 1231. Extension and modification of United States-Israel anti-tunnel coopera-
tion.
Sec. 1232. Extension and modification of United States-Israel cooperation to
counter unmanned systems in all warfighting domains.
Sec. 1233. Modification of certain temporary authorizations related to munitions re-
placement.
Sec. 1234. Research, development, test, and evaluation of emerging technologies to
further the warfighting capabilities of the United States and certain
partner countries.
Sec. 1235. Report on United States-Israel military exercises.
Subtitle E—Matters Relating to Europe, Ukraine, and the Russian Federation
Sec. 1241. Modification and extension of annual report on military and security de-
velopments involving the Russian Federation.
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Sec. 1242. Extension of prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized territory of
Ukraine.
Sec. 1243. Extension and modification of Ukraine Security Assistance Initiative.
Sec. 1244. Military intelligence support for Ukraine.
Sec. 1245. Report relating to allied and partner support to Ukraine.
Sec. 1246. Allied contributions to United States force posture on NATO’s eastern
flank.
Sec. 1247. Baltic Security Initiative.
Sec. 1248. Modification of United States basing and training, and exercises in
North Atlantic Treaty Organization member countries.
Sec. 1249. Oversight of United States military posture in Europe.
Sec. 1250. Report on United States deterrence and defense posture in the European
region.
Subtitle F—Matters Relating to the Indo-Pacific Region
Sec. 1251. Extension of Pacific Deterrence Initiative.
Sec. 1252. Extension of Indo-Pacific extended deterrence education pilot program.
Sec. 1253. Partnership for Indo-Pacific Industrial Resilience.
Sec. 1254. Strategy to strengthen multilateral defense in the Indo-Pacific.
Sec. 1255. Sense of Congress on defense alliances and partnerships in the Indo-Pa-
cific region.
Subtitle G—Matters Relating to Asia
Sec. 1261. Extension of pilot program to improve cyber cooperation with foreign
military partners in Southeast Asia.
Sec. 1262. Preventing circumvention by Chinese military companies in third-party
countries.
Sec. 1263. Inclusion on list of Chinese military companies of entities added to cer-
tain other lists.
Sec. 1264. Prohibition on use of funds to support entertainment projects with ties
to the Government of the People’s Republic of China.
Sec. 1265. Modification of Taiwan security cooperation initiative.
Sec. 1266.
Joint program with Taiwan to enable fielding of uncrewed systems and
counter-uncrewed systems capabilities.
Sec. 1267. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1268. Oversight of United States military posture on the Korean Peninsula.
Sec. 1269. Report on enhanced defense relations with the Philippines.
Sec. 1270. Modernizing the defense capabilities of the Philippines.
Subtitle H—Other Matters
Sec. 1271. Limitation on availability of funds for travel expenses of the Office of the
Secretary of Defense.
Sec. 1272. Repeal of war-related reporting requirements for concluded operations.
Sec. 1273. Defending international security by restricting unacceptable partner-
ships and tactics.
Sec. 1274. Report regarding joint training with Mexico to counter transnational
criminal organizations.
Subtitle A—Assistance and Training
SEC. 1201. MODIFICATION OF AUTHORITIES.
(a) TRAINING WITH FRIENDLY FOREIGN COUNTRIES: PAYMENT
OF TRAINING AND EXERCISE EXPENSES.—
(1) TRAINING AUTHORIZED.—Subsection (a) of section 321
of title 10, United States Code, is amended—
(A) in paragraph (1), by striking ‘‘or other security
forces’’ and inserting ‘‘, or other national security forces
that perform a similar function,’’;
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively.
(2) AUTHORITY TO PAY TRAINING AND EXERCISE EXPENSES.—
Subsection (b) of such section is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’;
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(B) by amending paragraph (1) to read as follows:
‘‘(1) Expenses of forces assigned or allocated to that com-
mand in conjunction with training and exercises conducted
pursuant to this section.’’;
(C) by striking paragraphs (2) and (4);
(D) by redesignating paragraphs (3) and (5) as para-
graphs (2) and (3), respectively;
(E) in paragraph (2), as so redesignated, by striking
‘‘such training, as specified in the regulations’’ and
inserting ‘‘training and exercises conducted pursuant to
this section’’; and
(F) in paragraph (3), as so redesignated, by striking
‘‘training described in’’ and all that follows through ‘‘para-
graph (4)’’ and inserting ‘‘training and exercises conducted
pursuant to this section’’.
(3) QUARTERLY REPORT.—Subsection (e) of such section is
amended to read as follows:
‘‘(e) QUARTERLY REPORT.—Not less frequently than quarterly,
the Secretary of Defense shall submit to the appropriate committees
of Congress a report on training and exercises conducted pursuant
to this section during the preceding 90-day period.’’.
(4) CONFORMING AMENDMENTS.—
(A) SECTION HEADING.—Section 321 of title 10, United
States Code, is amended, in the section heading, by
inserting ‘‘and exercises’’ after ‘‘Training’’.
(B) TABLE OF SECTIONS.—The table of sections for sub-
chapter III of chapter 16 of title 10, United States Code,
is amended by striking the item relating to section 321
and inserting the following:
‘‘321. Training and exercises with friendly foreign countries: payment of training
and exercise expenses.’’.
(b) REPEAL OF SECRETARY OF DEFENSE STRATEGIC COMPETITION
INITIATIVE.—Section 1332 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2007;
10 U.S.C. 301 note) is repealed.
SEC. 1202. MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF FOR-
EIGN SECURITY FORCES.
Subsection (g)(2) of section 333 of title 10, United States Code,
is amended by striking ‘‘made’’ after ‘‘Amounts’’.
SEC. 1203. MODIFICATION OF PAYMENT OF COSTS FOR REGIONAL CEN-
TERS FOR SECURITY STUDIES.
Section 342(f)(3)(A) of title 10, United States Code, is amended,
in the first sentence, by striking ‘‘from a developing country’’.
SEC. 1204. MODIFICATION TO IRREGULAR WARFARE CENTER AND
REGIONAL DEFENSE FELLOWSHIP PROGRAM.
Section 345(c)(4)(B) of title 10, United States Code, is amended
by striking ‘‘The Director of the Defense Security Cooperation
Agency’’ and inserting ‘‘ ‘The Assistant Secretary of Defense for
Special Operations and Low-Intensity Conflict’’.
SEC. 1205. MODIFICATION OF AUTHORITY FOR NAVAL SMALL CRAFT
INSTRUCTION AND TECHNICAL TRAINING SCHOOL.
Section 352 of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘shall’’;
and
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(2) in subsection (e), by adding at the end the following
new paragraph:
‘‘(3) Tuition fees charged for personnel who attend the School
may not include any amount for the fixed costs of operating and
maintaining the School.’’.
SEC. 1206. STATE PARTNERSHIP PROGRAM SELECTION ANALYSIS.
The Secretary of Defense shall make such changes to Depart-
ment of Defense Instruction 5111.20 (relating to the State Partner-
ship Program), or a successor instruction, as may be necessary
to ensure that, in performing selection analysis for the State Part-
nership Program under section 341 of title 10, United States Code,
the Chief of the National Guard Bureau considers—
(1) the number of current partnerships assigned to the
National Guard of a State; and
(2) the capacity of the National Guard of a State in relation
to the number of assigned countries.
SEC.
1207.
ENHANCEMENT
OF
INTERNATIONAL
BIODEFENSE
CAPACITY.
(a) CLARIFICATION OF ROLES AND RESPONSIBILITIES.—The Sec-
retary of Defense shall direct the Assistant Secretary of Defense
for Nuclear Deterrence, Chemical and Biological Defense Programs,
in consultation with the Director of the Defense Threat Reduction
Agency, to seek to enter into memoranda of understanding with
other departments and agencies of the Federal Government to
clarify the roles and responsibilities of those departments and agen-
cies for building biodefense capabilities internationally in execution
of national security and other policies of the Federal Government,
with the Secretary focused on working with defense counterparts
in countries that are allies or partners of the United States.
(b) ELEMENTS
OF
MEMORANDA
OF
UNDERSTANDING.—The
memoranda of understanding entered into under subsection (a)
shall address how each relevant department or agency selects
partner countries and the feasibility of coordinating efforts with
each such country.
Subtitle B—Foreign Military Sales and
Related Processes
SEC. 1211. IMPROVEMENTS TO SECURITY COOPERATION WORKFORCE
AND DEFENSE ACQUISITION WORKFORCE.
(a) RESPONSIBILITIES
OF SECRETARY
OF DEFENSE.—The Sec-
retary of Defense shall, consistent with the requirements of section
384 of title 10, United States Code, seek to ensure that—
(1) members of the defense acquisition workforce engaged
in foreign military sales planning and execution—
(A) are aware of evolving United States regional- and
country-level foreign partner defense capability-building
priorities; and
(B) coordinate with the security cooperation workforce
to enhance responsiveness to foreign partner requests and
defense capability-building priorities; and
(2) evaluations of members of the defense acquisition
workforce measure—
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(A) adherence to meeting the foreign partner defense
capability-building requirements identified in Department
of Defense strategy documents;
(B) responsiveness to foreign partner defense capa-
bility-building requests;
(C) ability to meet foreign partner defense capability-
building delivery schedule requirements; and
(D) advancement of foreign partner defense capability-
building priorities identified in the guidance described in
subsection (b).
(b) GUIDANCE.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
update, as necessary, Department of Defense guidance gov-
erning the execution of foreign military sales by the Department
to ensure that such guidance—
(A) incorporates priorities of the national security
strategy report (submitted pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 3043)) and the
national defense strategy (required under section 113(g)
of title 10, United States Code);
(B) is informed by the theater campaign plans and
theater security cooperation strategies of the combatant
commands;
(C) is disseminated to the security cooperation
workforce and the defense acquisition workforce.
(2) ELEMENTS.—The updated guidance required by para-
graph (1) shall—
(A) identify regional and country-level foreign partner
defense capability-building priorities;
(B) identify levels of urgency and desired timelines
for achieving foreign partner defense capability-building
priorities; and
(C) provide guidance to the defense acquisition
workforce and the security cooperation workforce on levels
of resourcing, innovation, and risk tolerance that should
be considered in meeting urgent needs through the execu-
tion of foreign military sales.
(c) FOREIGN MILITARY SALES CONTINUOUS PROCESS IMPROVE-
MENT
BOARD.—Section
1210(b)(2)
of
the
National
Defense
Authorization Act for Fiscal Year 2025 (22 U.S.C. 2671 note) is
amended to read as follows:
‘‘(2) MEMBERSHIP.—
‘‘(A) IN
GENERAL.—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 dis-
ciplines the Secretary determines to be important to the
functioning of the Board.
‘‘(B) CERTAIN MEMBERS.—
‘‘(i) IN GENERAL.—Up to three of the members of
the Board may be selected from among individuals
who are not any of the following:
‘‘(I) Officers or employees of the Department
of Defense.
‘‘(II) Members of the Armed Forces.
‘‘(III) A registered lobbyist.
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‘‘(ii) CLEARANCE.—Each member of the Board
described in this subparagraph shall be individuals
who are determined to be eligible for access to classified
information necessary to participate on the Board.’’.
(d) 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 ‘‘security cooperation workforce’’ has the
meaning given the term in section 384 of title 10, United
States Code.
SEC. 1212. MODIFICATIONS TO FOREIGN MILITARY SALES PROCESSES.
(a) ACQUISITION STRATEGIES.—The Secretary of Defense shall,
with respect to the foreign military sales process—
(1) establish a requirement that, in developing letters of
offer and acceptance for a foreign military sale, the acquisition
program manager, or other official responsible for the program,
shall develop an acquisition strategy that is—
(A) informed by input from the purchaser of such for-
eign military sale; and
(B) executed in a manner that effectively addresses
urgency of need and associated risk tolerance of such pur-
chaser; and
(2) in establishing such requirement, ensure that such pur-
chaser is provided an opportunity to provide input on urgency
of need and associated risk tolerance, alternative acquisition
approaches that may be taken to accelerate program delivery,
and the schedule, cost, and capability trade-offs associated with
such alternate approaches.
(b) AGREEMENTS WITH MANUFACTURERS.—
(1) IN GENERAL.—A United States prime contractor may
enter into a covered agreement with a manufacturer to begin
the process of acquiring long-lead Government-furnished equip-
ment based on forecasted requirements prior to the execution
of a contract for a commercial sale or issuance of a letter
of offer and acceptance for a foreign military sale.
(2) DEPARTMENT OF DEFENSE POLICY.—
(A) IN GENERAL.—The Secretary of Defense and each
Secretary of a military department shall implement policies
that allow United States prime contractors to enter into
covered agreements described in paragraph (1).
(B) ELEMENTS.—The policies required by subparagraph
(A) shall require—
(i) United States prime contractors to be respon-
sible for—
(I) negotiating directly with the manufacturer
of Government-furnished equipment, including
with respect to the terms and conditions described
in subsection (c)(1)(B); and
(II) providing any payment to such manufac-
turer; and
(ii) transfer of Government-furnished equipment
from such manufacturer to the prime contractor shall
not occur until the date on which a contract for a
commercial sale or letter of offer and acceptance is
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executed with respect to the foreign military sale that
is the subject of the covered agreement.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed as authorizing, requiring, or providing for
the United States Government to assume any liability or other
financial responsibility with respect to a covered agreement.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered agreement’’ means an agreement
between a United States prime contractor and a manufacturer
pursuant to which—
(A) the prime contractor, in anticipation of a foreign
military sale, enters into a contract with the manufacturer
for the production of one or more defense articles (as
defined in section 301 of title 10, United States Code)
that will be supplied to the prime contractor as Govern-
ment-furnished equipment;
(B) the parties agree to the allocation of risks, obliga-
tions, profits, and costs in the event the anticipated foreign
military sale does not occur, including whether the defense
articles manufactured under the agreement are retained
by the manufacturer; and
(C) the United States Government assumes no liability
with respect to either party in the event the anticipated
foreign military sale does not occur.
(2) The term ‘‘foreign military sales process’’ means the
processes for foreign military sales authorized under chapter
2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.).
SEC. 1213. PERIODIC REVIEW OF FMS-ONLY LIST.
(a) REVIEW AND REPORT.—
(1) REVIEW.—Not later than 1 year after the date of the
enactment of this Act, and biennially thereafter, the Secretary
of State, in coordination with the Secretary of Defense, shall
complete a review of defense articles and defense services that
are eligible to be provided under the foreign military sales
program under chapter 2 of the Arms Export Control Act (22
U.S.C. 2761 et seq.), but not eligible to be provided under
direct commercial sales under section 38 of such Act (22 U.S.C.
2778), in order to identify those articles and services that
should also be eligible to be provided through such direct
commercial sales.
(2) REPORT.—
(A) IN GENERAL.—Not later than 30 days after the
completion of each review required by subsection (a), the
Secretary of State, in coordination with the Secretary of
Defense, shall submit to the appropriate congressional
committees a report that contains the results of the review,
including any defense articles and services added to or
removed from the FMS-Only list during the preceding
reporting period, as well as the justification for such
decisions.
(B) FORM.—The report required by this paragraph shall
be submitted in unclassified form, but may contain a classi-
fied annex.
(C) DEFINITIONS.—In this paragraph—
(i) the term ‘‘appropriate congressional commit-
tees’’ means—
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(I) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate;
and
(II) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(ii) the term ‘‘FMS-only list’’ means the list main-
tained by the Secretary of State of defense articles
and defense serv ices that are eligible to be provided
under the foreign military sales program under chapter
2 of the Arms Export Control Act, but not eligible
to be provided under direct commercial sales under
section 38 of such Act.
(b) TERMINATION.—This section shall terminate on the date
that is 5 years after the date of enactment of this Act.
SEC. 1214. ASSESSMENT AND ESTABLISHMENT OF OFFICE TO SUPPORT
THE ACQUISITION OF SPECIFIED NON-PROGRAM OF
RECORD SYSTEMS BY FOREIGN ALLIES AND PARTNERS.
(a) ASSESSMENT.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall complete
an assessment to determine the optimal organizational structure,
authorities, reporting relationships, and resource requirements to
manage effectively the acquisition of specified non-program of record
systems by foreign allies and partners.
(b) ESTABLISHMENT.—Not later than October 1, 2026, the Sec-
retary of Defense shall establish an office to support the acquisition
of specified non-program of record systems by foreign allies and
partners, including the process for updating relevant Department
of Defense-wide guidance, directives and instructions.
(c) RESPONSIBILITIES.—The office required by subsection (b)
shall be responsible for the following:
(1) Coordinating with allies and partners to identify and
procure specified non-program of record systems.
(2) Facilitating discussions between industry and foreign
allies and partners on new specified non-program of record
systems.
(3) Liaising with combatant commands to identify new
specified non-program of record systems aligned with the stra-
tegic priorities of the combatant commands for theater security
cooperation.
(4) Promoting capabilities with foreign allies and partners
that align with priority capabilities for the combatant com-
mands.
(5) Developing foreign military sales cases for specified
non-program of record systems to expedite deliveries of such
systems to foreign allies and partners.
(6) Coordinating internal Department of Defense approval
processes to expedite the delivery of specified non-program
of record systems.
(7) Other relevant responsibilities as determined by the
Secretary.
(d) BRIEFING.—Not later than 30 days after completion of the
assessment required by subsection (a), the Secretary shall provide
the Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate with a briefing
on the responsibilities, resources, and plan of activities for the
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non-program of record office that is to be established in accordance
with subsection (b).
(e) SPECIFIED NON-PROGRAM OF RECORD SYSTEM DEFINED.—
In this section, the term ‘‘specified non-program of record system’’
means a system that does not exist formally as a program of
record within the Department of Defense, including the following:
(1) Type A (Modified/Former Department of Defense pro-
gram of record), which includes requests to modify an existing
program of record with non-program of record elements and
requests tied to former programs of record.
(2) Type B (Military Unique), which includes commercial
capabilities that are designed, modified, or built specifically
for military applications and are not current or former programs
of record.
(3) Type C (Commercial), which includes a ‘‘commercial
product’’—
(A) as such term is defined in section 2.101 of the
Federal Acquisition Regulation; and
(B) that is not classified.
SEC. 1215. GUIDANCE FOR COORDINATION OF INTERNATIONAL ARMS
TRANSFERS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
updated guidance, in accordance with section 382 of title 10, United
States Code, to streamline and align the roles, responsibilities,
and authorities, and improve transparency, relating to Department
of Defense processes for international arms transfers, including
foreign military sales.
(b) ELEMENTS.—The updated guidance required by subsection
(a) shall do the following: (1) Streamline the roles and responsibil-
ities relating to Department processes for international arms trans-
fers (including the foreign military sales and technology security
and foreign disclosure processes in accordance with section 1086)
so as to ensure effective implementation of such roles and respon-
sibilities among the Under Secretary of Defense for Policy, the
Under Secretary of Defense for Acquisition and Sustainment, the
Defense Security Cooperation Agency, the Defense Technology Secu-
rity Administration, and the military departments.
(2) Designate a lead official who, in coordination with the
Chief Digital and Artificial Intelligence Officer of the Depart-
ment of Defense, shall be responsible for collecting, tracking,
coordinating, and sharing data and information on Foreign
Military Sales cases for the purposes of—
(A) facilitating transparency across the Department
of Defense international cooperation enterprise (including
industry and international partners within such enterprise
and components and subcomponents of the Department);
and
(B) sharing information on foreign military sales case
development, execution, contracting, and implementation
processes.
(3) Develop a framework to facilitate the use of the foreign
military sales process to deliver defense articles and services
to allies and partners through programs other than a program
of record in accordance with section 1214.
(4) Set forth foreign military sales-specific guidance that—
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(A) identifies security cooperation priorities;
(B) is informed by priorities identified in the National
Defense Strategy, Department planning guidance, and the-
ater campaign plans; and
(C) takes into consideration—
(i) the risk factors for arms transfers identified
in the Arms Export Control Act (22 U.S.C. 2751 et
seq.); and
(ii) the industrial capacity for production.
(c) BRIEFING.—Not later than 30 days prior to the issuance
of the updated guidance required by subsection (a), the Secretary
shall provide 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
with
a
briefing
on
the
development
and
implementation of such guidance that describes the manner in
which the procedures set forth in the guidance will streamline,
and enhance the transparency of, international cooperation proc-
esses of the Department.
(d) DISSEMINATION
OF FMS-SPECIFIC GUIDANCE.—Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall disseminate the foreign miliary sales-specific guid-
ance described in subsection (b)(4) to the Department of Defense
international cooperation enterprise.
Subtitle C—Matters Relating to the Middle
East
SEC. 1221. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CER-
TAIN COALITION NATIONS FOR SUPPORT PROVIDED TO
UNITED STATES MILITARY OPERATIONS.
(a) EXTENSION OF AUTHORITY.—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, 2024,
and ending on December 31, 2025’’ and inserting ‘‘beginning on
October 1, 2025, and ending on December 31, 2026,’’.
(b) EXTENSION OF LIMITATION ON AMOUNT.—Subsection (d)(1)
of such section is amended by striking ‘‘beginning on October 1,
2024, and ending on December 31, 2025’’ and inserting ‘‘beginning
on October 1, 2025, and ending on December 31, 2026’’.
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) by redesignating subparagraphs (B), (C), (D), and
(E) as subparagraphs (C), (D), (E), and (F), respectively;
(B) by inserting after subparagraph (A) the following
subparagraph:
‘‘(B) evolving thresholds for the use of direct and attrib-
utable force by Iran;’’;
(C) in subparagraph (E), as so redesignated, by striking
‘‘;;’’ at the end and inserting ‘‘; and’’; and
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(D) in subparagraph (F), as so redesignated, by striking
‘‘; and’’ at the end and inserting a period.
(2) in paragraph (2)—
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the following
subparagraph:
‘‘(C) a summary of Iran’s procurement of advanced
conventional capabilities from Russia;’’;
(3) in paragraph (3)—
(A) in subparagraph (C), by inserting ‘‘any Iraqi Shia-
militia operating under the auspices of the ‘Islamic Resist-
ance’,’’ after ‘‘the Badr Organization,’’;
(B) in subparagraph (I)(ii), by striking ‘‘and activities;
and’’ and inserting ‘‘, assets, and critical infrastructure;
and’’; and
(C) by adding at the end the following subparagraph:
‘‘(L) an assessment of the military power of Iranian
proxies and partners, including Hezbollah, Hamas, Pal-
estine Islamic Jihad, Ansar Allah, and Iraqi and Syrian
proxies.’’;
(4) in paragraph (4)—
(A) in subparagraph (A), by striking ‘‘nuclear weapons
capabilities and developments’’ and inserting ‘‘nuclear
weapons-related
advances,
including
development
of
related scientific and industrial infrastructure, fissile mate-
rial inventories aggregated by level of enrichment, and
weaponization-related activities’’;
(B) in subparagraph (F), by striking ‘‘to the Middle
East and Europe; and’’ and inserting ‘‘globally;’’; and
(C) by redesignating subparagraph (G) as subpara-
graph (I); and
(D) by adding after subparagraph (F) the following
subparagraphs:
‘‘(G) a detailed analysis of the domestic and foreign
supply chains supporting Iran’s drone program;
‘‘(H) a detailed assessment of the domestic production
capacity by Iran’s proxies in the Middle East of tactical
munitions including mortars, rocket assisted munitions,
and rockets and long-range strike capabilities, including,
drones, cruise missiles, and ballistic missiles; and’’;
(5) in paragraph (5), by striking ‘‘and chemical, biological,
and advanced conventional weapons, weapon systems, and
delivery vehicles’’ and inserting ‘‘chemical, biological, and
advanced conventional weapons, weapon systems, and delivery
vehicles, including drones’’; and
(6) in paragraph (8)—
(A) by striking ‘‘the Bashar al-Assad regime,’’ and
inserting ‘‘the Russian Federation,’’;
(B) by inserting ‘‘Ansarallah,’’ after ‘‘Hamas,’’; and
(C) by striking ‘‘or any other foreign terrorist organiza-
tion.’’ and inserting ‘‘the Badr Organization, any other for-
eign terrorist organization, or any Specially Designated
Global Terrorist.’’;
(b) DEFINITIONS.—Subsection (c) of such section is amended—
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(1) in paragraph (3), by striking the period at the end
and inserting ‘‘, including surface-to-surface or anti-ship
variants.’’; and
(2) in paragraph (4), by adding at the end ‘‘, including
surface-to-surface or anti-ship variants.’’.
(c) TERMINATION.—Subsection (d) of such section is amended
by striking ‘‘December 31, 2026’’ and inserting ‘‘December 31, 2030’’.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PRO-
VIDE 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. 3541) is amended—
(1) in subsection (a), by striking ‘‘December 31, 2025’’ and
inserting ‘‘December 31, 2026’’;
(2) in subsection (b)(1)(A), by inserting ‘‘, including any
modifications made to the vetting process in order to determine
whether Syrian groups or individuals associated with the
Government of Syria are eligible recipients’’ before the period
at the end;
(3) in subsection (d)(2), by redesignating subclause (I) of
clause (iii) of subparagraph (J) as subparagraph (K), and
adjusting the margins accordingly;
(4) in subsection (e)(1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘elements of the Syrian opposition and other’’;
and
(B) in subparagraph (A)—
(i) by striking ‘‘Shia militias aligned with or sup-
porting the Government of Syria, and groups’’ and
inserting ‘‘Islamist extremist organizations, Shia mili-
tias, proxy forces, or groups otherwise’’;
(ii) by striking ‘‘Jabhat al Nusrah, Ahrar al Sham,
other’’;
(iii) by inserting ‘‘and associated and successor’’
after ‘‘al-Qaeda’’; and
(iv) by striking ‘‘related’’;
(5) in subsection (l)(3)(E)), by striking ‘‘December 31, 2025’’
and inserting ‘‘the date specified in the matter preceding para-
graph (1) of subsection (a)’’; and
(6) by adding at the end the following new subsection:
‘‘(n) LIMITATION
ON USE
OF FUNDS.—Funds made available
to carry out this section may not be used to provide assistance
pursuant to subsection (a)—
‘‘(1) to any entity that is not an appropriately vetted Syrian
group or individual; or
‘‘(2) to forces associated with any other government or
nation.’’.
SEC. 1224. EXTENSION AND MODIFICATION OF AUTHORITY TO PRO-
VIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF
IRAQ AND SYRIA.
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) is amended—
S. 1071—374
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘December 31, 2025’’ and inserting ‘‘December
31, 2026’’;
(2) by striking subsection (g);
(3) by redesignating subsections (h) through (o) as sub-
sections (g) through (n), respectively;
(4) in subsection (i)(1)(C), as redesignated, by striking ‘‘sub-
section (l)(2)’’ and inserting ‘‘subsection (k)(2)’’;
(5) in subsection (k)(2), as redesignated—
(A) in subparagraph (B)(ii), by striking ‘‘subsection
(j)(1)(C)’’ and inserting ‘‘subsection (i)(1)(C)’’; and
(B) in subparagraph (C), by striking ‘‘subsection (k)’’
and inserting ‘‘subsection (j)’’;
(6) in subsection (n)(6), as redesignated, by striking
‘‘December 31, 2025’’ and inserting ‘‘December 31, 2026’’; and
(7) by adding at the end the following:
‘‘(o) LIMITATION
ON USE
OF FUNDS.—Funds made available
to carry out this section may not be used to provide assistance
pursuant to subsection (a)—
‘‘(1) to entities other than military or other security forces
of or associated with the Government of Iraq, including Kurdish
and tribal security forces, or other local security forces with
a national security mission;
‘‘(2) to forces associated with any other government or
nation; or
‘‘(3) to Iranian-aligned militias.’’.
SEC. 1225. COUNTER-TERRORISM SUPPORT.
(a) AUTHORITY TO PROVIDE SUPPORT.—Subsection (a)(1) of sec-
tion 1226 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 22 U.S.C. 2151 note) is amended—
(1) in subparagraph (B), by striking ‘‘with Syria’’ and
inserting ‘‘with any other country’’; and
(2) in subparagraph (C), by adding at the end before the
period the following: ‘‘and along the border of Egypt with
Sudan’’.
(b) SUPPORT TO GOVERNMENT OF LEBANON.—Subsection (c)(2)
of such section is amended by adding at the end the following:
‘‘Such support may be used only to promote the ability of the
armed forces of Lebanon to counter the threat posed by Lebanese
Hezbollah and any other terrorist organization that threatens the
security of Lebanon and its neighbors.’’.
(c) EXTENSION OF AUTHORITY.—Subsection (h) of such section
is amended by striking ‘‘December 31, 2025’’ and inserting
‘‘December 31, 2026’’.
SEC. 1226. ENHANCING SECURITY PARTNERSHIP WITH JORDAN AND
LEBANON.
(a) IN
GENERAL.—The Secretary of Defense, pursuant to
existing authorities, shall seek to provide assistance, including
training, equipment, logistics support, supplies, and services, to
the Government of Jordan and the Government of Lebanon for
the purposes of—
(1) supporting and enhancing efforts of the military forces
of Jordan; and
(2) with respect to the Government of Lebanon, for
increasing the capacity of the Lebanese armed forces in order
to disarm the Iranian-backed terrorist group Hezbollah.
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(b) PLAN.—
(1) IN GENERAL.—Not later than June 30, 2026, the Sec-
retary of Defense, in coordination with the Commander of the
United States Central Command and in consultation with the
Secretary of State, shall submit to the congressional defense
committees a report that describes the plan of the Department
of Defense to provide assistance under subsection (a).
(2) ELEMENTS.—The plan required by paragraph (1) shall,
at a minimum, include the following elements:
(A) A description of the existing authorities to provide
the assistance described in subsection (a) to the Govern-
ment of Jordan and the Government of Lebanon.
(B) A description of the strategic objectives of the
assistance described in subsection (a), including specific
capability gaps that such assistance seeks to address and
the recipient units of the military forces of Jordan and
Lebanon for such assistance.
(C) An identification of any opportunities to transfer
military equipment, including aircraft and unmanned sys-
tems, from existing inventory of the Department of Defense
to bolster the capabilities of the military forces of Jordan.
(D) A rubric for assessing the progress of the Lebanese
armed forces in disarming Hezbollah, and options for sus-
pending assistance to the Lebanese armed forces if it is
determined that such forces are unwilling to act to disarm
Hezbollah.
SEC. 1227. PROHIBITION ON FUNDING TO THE BADR ORGANIZATION.
None of the funds authorized to be appropriated by this Act
or otherwise made available to the Secretary of Defense for fiscal
year 2026 may be made available to the Badr Organization or
any organization that the Director of the Defense Intelligence
Agency determines to be an affiliate or successor of the Badr
Organization.
SEC. 1228. LIMITATION ON AVAILABILITY OF FUNDS FOR THE IRAQI
SECURITY FORCES.
(a) LIMITATION ON OBLIGATION OF FUNDS.—Not more than 75
percent of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2026 for the Iraqi secu-
rity forces 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) may be obligated or
expended until the date on which the Secretary of Defense submits
to the congressional defense committees a certification that the
Government of Iraq has taken credible steps—
(1) to reduce the operational capacity of Iran-aligned militia
groups not integrated into the Iraqi security forces through
a publicly verifiable disarmament, demobilization, and re-
integration process;
(2) to strengthen the authority and operational control
of the Prime Minister of Iraq as Commander-in-Chief over
the Iraqi security forces; and
(3) to investigate and hold accountable members of Iran-
aligned militia groups or members of the Iraqi security forces
operating outside the formal chain of command of the Iraqi
security forces who engage in attacks on United States or
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Iraqi personnel or otherwise act in an illegal or destabilizing
manner.
(b) WAIVER.—The Secretary of Defense may waive the limita-
tion in subsection (a) for a period of not more than 180 days
if the Secretary determines that such waiver is in the national
security interest of the United States. Any such waiver shall be
submitted in writing to the congressional defense committees not
later than 15 days after issuance, along with a justification and
a description of the steps being taken to achieve the objectives
described in subsection (a).
(c) RULE OF CONSTRUCTION.—Nothing in this section shall apply
to funds authorized to be appropriated for the Iraqi security forces
that are designated for the Kurdish Peshmerga Forces.
(d) IRAQI SECURITY FORCES DEFINED.—In this section, the term
‘‘Iraqi security forces’’ means the military and other security forces
of or associated with the Government of Iraq.
SEC. 1229. REPORT ON STRATEGY FOR INCREASING MEMBERSHIP IN
THE COMPREHENSIVE SECURITY INTEGRATION AND
PROSPERITY AGREEMENT.
(a) IN GENERAL.—Not later than July 1, 2026, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report describing
the strategic importance of the Comprehensive Security Integration
and Prosperity Agreement and the benefits of its potential expan-
sion.
(b) ELEMENTS.—The report required under subsection (a) shall
also include the following:
(1) An assessment of the strategic benefits of CSIPA to
regional and global security.
(2) An assessment of CSIPA’s operational value to the
Department of Defense and partners in the region following
the Red Sea attacks.
(3) An assessment of how CSIPA leverages United States
military assets such as the United States Fifth Fleet to address
regional threats.
(4) Identification of potential modifications to the CSIPA
framework that would support broader regional participation.
(5) An evaluation of the resource and capability require-
ments necessary to expand CSIPA membership.
(6) Recommendations for further collaboration between the
Department of Defense and member countries of CSIPA.
(c) DEFINITION OF COMPREHENSIVE SECURITY INTEGRATION AND
PROSPERITY AGREEMENT.—In this section, the terms ‘‘Comprehen-
sive Security Integration and Prosperity Agreement’’ and ‘‘CSIPA’’
refer to the cooperative agreement signed by the United States
and the Kingdom of Bahrain on September 13, 2023.
SEC. 1229A. REPORT ON ISIS DETENTION FACILITIES IN SYRIA.
(a) IN GENERAL.—Not later than March 31, 2026, and annually
thereafter through March 31, 2028, the Secretary of Defense shall
submit to the congressional defense committees a report on deten-
tion facilities in Syria for members of the Islamic State in Iraq
and Syria (ISIS) secured by the Syrian Democratic Forces (SDF).
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall include—
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(1) an assessment of the current security and living condi-
tions in such facilities and plans for the long-term security
of such facilities;
(2) an estimate of the number of detainees in such facilities
and their nationalities; and
(3) a description of—
(A) efforts of the Department of Defense, working with
and through local partners, countries of origin of detainees,
and other United States Government entities, to repatriate
detainees to their home countries or third countries; and
(B) any potential refoulement concerns with respect
to such repatriation.
SEC. 1229B. REPORT ON UNITED STATES FORCE POSTURE AND ACTIVI-
TIES IN SYRIA.
(a) IN GENERAL.—Not later than 120 days after the date of
the enactment of this Act, and annually thereafter, the Secretary
of Defense, in coordination with Commander of the United States
Central Command, shall provide to the congressional defense
committees a report on the status of the conditions-based consolida-
tion of United States force posture, basing locations, and activities
in Syria.
(b) ELEMENTS.—The report described in subsection (a) shall
include the following:
(1) A determination of whether such force posture, basing
locations, and activities continue to sufficiently—
(A) meet objectives consistent with the purposes out-
lined in section 1209(a) of the Carl Levin and Howard
P. ‘‘Buck’’ McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 354),
including new cooperation with the Syrian Government
and other members of the Global Coalition to Defeat the
Islamic State of Iraq and Syria;
(B) deter Iran and Iranian-linked groups, including
the Iranian Revolutionary Guard Corps Quds Force and
the proxies and affiliates of such Force operating inside
Syria;
(C) support the Syrian Democratic Forces and other
Syrian groups and individuals in maintaining stability and
security throughout the formation of a representative and
inclusive Syrian government that defends the rights and
interests of all minorities; and
(D) deter instability emanating from Syria, including
threats to the United States and allies and partners of
the United States, including Israel.
(2) A description of the operational and strategic conditions
informing decisions made relative to subsection (a), including
detailed evaluation criteria and processes for continual assess-
ment.
(3) A description of how the objectives in subsection (a)
are being met, or what changes need to be implemented to
meet such objectives.
(4) A description of the current posture of the Armed Forces
in Syria and levels of engagement by the Armed Forces with
Syrian groups and individuals.
S. 1071—378
(5) Changes in the assessment of the threat to the United
States, and allies and partners of the United States, from
the Islamic State of Iraq and Syria.
(6) A description of any planned posture changes of the
Armed Forces in Syria, and the projected impacts on United
States engagement with partner forces in Syria.
(7) Any other matters the Secretary or the Commander
deem relevant.
(c) FORM.—The report shall be submitted in unclassified form
but may include a classified annex.
(d) SUNSET.—The requirement under this section shall termi-
nate 3 years after the date of enactment of this Act.
Subtitle D—Matters Relating to Israel
SEC. 1231. EXTENSION AND MODIFICATION OF UNITED STATES-ISRAEL
ANTI-TUNNEL COOPERATION.
Section 1279 of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 8606 note) is amended—
(1) in subsection (b)(4), by striking ‘‘$50,000,000’’ and
inserting ‘‘$80,000,000’’; and
(2) in subsection (f), by striking ‘‘December 31, 2026’’ and
inserting ‘‘December 31, 2028’’.
SEC. 1232. EXTENSION AND MODIFICATION OF UNITED STATES-ISRAEL
COOPERATION TO COUNTER UNMANNED SYSTEMS IN ALL
WARFIGHTING DOMAINS.
(a) IN
GENERAL.—Section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (22 U.S.C. 8606 note) is
amended—
(1) in the section heading, by striking ‘‘UNMANNED AERIAL
SYSTEMS’’
and
inserting
‘‘UNMANNED
SYSTEMS
IN
ALL
WARFIGHTING DOMAINS’’;
(2) in subsection (a)—
(A) by amending the subsection heading to read as
follows: ‘‘UNITED STATES-ISRAEL PROGRAM ON COUNTERING
UNMANNED SYSTEMS’’;
(B) in paragraph (1)—
(i) by striking ‘‘to establish capabilities’’ and
inserting ‘‘to accelerate development of advanced tech-
nologies’’; and
(ii) by striking ‘‘unmanned aerial systems’’ and
inserting ‘‘unmanned systems in all warfighting
domains’’;
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1) the following:
‘‘(2) ACTIVITIES.—The activities required by this subsection
may include the following:
‘‘(A) Collaborative research initiatives involving govern-
ment, private sector, and academic institutions in the
United States and Israel.
‘‘(B) Joint training exercises and information- sharing
mechanisms to maximize the sharing of technical expertise,
data, and tactics related to emerging unmanned systems
and related threats.
‘‘(C) Development of joint technical requirements.
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‘‘(D) Collaborative development and evaluation of novel
systems with defense industry partners.
‘‘(E) Coordination with acquisition program offices of
the United States and Israel military service departments,
components, and commands to expedite deployment of rel-
evant systems and enhance military readiness.’’; and
(E) in paragraph (3) (as so redesignated), by striking
‘‘activities described in paragraph (1)’’ and inserting ‘‘activi-
ties described in this subsection’’;
(3) in subsection (b)—
(A) in paragraph (3)(B), by striking ‘‘aerial’’; and
(B) in paragraph (4), by striking ‘‘$55,000,000’’ and
inserting ‘‘$70,000,000’’;
(4) in subsection (c), by striking ‘‘an appropriate research
and development entity of a military department’’ and inserting
‘‘the Irregular Warfare Technology Support Directorate’’;
(5) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(6) by inserting after subsection (d) the following:
‘‘(e) ANNUAL REPORT.—The Secretary of Defense shall submit
to the appropriate committees of Congress on an annual basis
a report that shall include for the preceding year a description
of activities conducted under the program including—
‘‘(1) an assessment of progress made by the United States
and Israel in addressing unmanned systems threats and
requirements;
‘‘(2) an assessment of the program’s collaboration with other
United States Government programs and defense contractors;
‘‘(3) an update on efforts to transition capabilities to acquisi-
tion program managers for fielding by United States or Israeli
military services, components, and commands; and
‘‘(4) recommendations for future program activities and
funding.’’; and
(7) in subsection (g) (as so redesignated), by striking
‘‘December 31, 2026’’ and inserting ‘‘December 31, 2028’’.
(b) TRANSITION PROVISION.—The Secretary of Defense shall con-
tinue to carry out the activities authorized by section 1278 of
the National Defense Authorization Act for Fiscal Year 2020, as
such section was in effect on the day before the date of the enact-
ment of this Act, until such time as the Secretary submits to
the appropriate committees of Congress the report required by
subsection (a)(3) of such section, as amended by subsection (a)
of this section, for purposes of carrying of the activities required
by such section 1278.
SEC. 1233. MODIFICATION OF CERTAIN TEMPORARY AUTHORIZATIONS
RELATED TO MUNITIONS REPLACEMENT.
(a) IN GENERAL.—Section 1244 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117–
263; 136 Stat. 2844) is amended—
(1) in the section heading, by striking ‘‘AND ISRAEL’’ and
inserting ‘‘ISRAEL, AND THE UNITED STATES DEFENSE INDUS-
TRIAL BASE ’’; and
(2) in subsection (a)—
(A) in paragraph (1), by striking ‘‘or Israel’’ each place
it appears and inserting ‘‘Israel, or the United States
defense industrial base’’; and
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(B) in paragraph (5), by striking ‘‘or Israel’’ each place
it appears and inserting ‘‘Israel, or the United States
defense industrial base’’.
(b) CLERICAL AMENDMENTS.—
(1) The table of contents at the beginning of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117–263; 136 Stat. 2395) is amended by
striking the item relating to section 1244 and inserting the
following:
‘‘1244. Temporary authorizations related to Ukraine, Taiwan, Israel, and the United
States defense industrial base.’’.
(2) The table of contents at the beginning of title XII
of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2820)
is amended by striking the item relating to section 1244 and
inserting the following:
‘‘1244. Temporary authorizations related to Ukraine, Taiwan, Israel, and the United
States defense industrial base.’’.
SEC. 1234. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OF
EMERGING
TECHNOLOGIES
TO
FURTHER
THE
WARFIGHTING CAPABILITIES OF THE UNITED STATES
AND CERTAIN PARTNER COUNTRIES.
(a) AUTHORITY.—The Secretary of Defense, upon request by
the Ministry of Defense of a covered partner country and in con-
sultation with the Secretary of State, the Secretary of Commerce,
and the Director of National Intelligence, is authorized to carry
out, jointly with the covered partner country, research, development,
test, and evaluation of emerging technologies to further the warfare
capabilities of the United States and the covered partner country
to meet emerging defense challenges, including in the areas of
artificial intelligence, cybersecurity, robotics, quantum, and automa-
tion.
(b) PROTECTION OF SENSITIVE INFORMATION.—Any activity car-
ried out pursuant to the authority of subsection (b) shall be con-
ducted in a manner that robustly protects sensitive information
and the national security interests of the United States and the
covered partner country.
(c) APPLICABILITY
OF EXPORT CONTROL RESTRICTIONS.—Any
activity authorized under subsection (a), including fundamental
research, open source, and standards-related activities, for the
development, production, or use of goods, technology, software,
knowledge, or source code shall be subject to—
(1) the Export Administration Regulations under sub-
chapter C of title 15, Code of Federal Regulations; and
(2) all other laws applicable to the control of arms exports.
(d) REPORT.—None of the activities described in subsection
(a) may be carried out with respect to a covered partner country
until the date on which the Secretary of Defense, in consultation
with the Secretary of State, the Secretary of Commerce, and the
Director of National Intelligence submits to the appropriate congres-
sional committees a report with respect to that partner country
that includes the following:
(1) A memorandum of agreement between the United
States and the covered partner country regarding sharing of
costs and security safeguards for the activities described in
subsection (a), and any supporting documents.
S. 1071—381
(2) A certification that such memorandum of agreement—
(A) requires sharing of costs of the activities and secu-
rity safeguards described in subsection (a), including in-
kind support, between the United States and the covered
partner country;
(B) establishes the rights of the United States to any
intellectual property developed under the memorandum of
agreement;
(C) requires the United States Government to receive
semiannual reports on expenditure of funds, if any, by
the government of the covered partner country, including—
(i) a description of what the funds have been used
for;
(ii) a description of when funds were expended;
(iii) an identification of entities that expended the
funds; and
(iv) the export control regimes in place in the
covered partner country to protect sensitive technology,
including related intellectual property and innovation
efforts; and
(D) includes robust safeguards against the ability of
the People’s Republic of China or other foreign adversaries
of the United States from, directly or indirectly, accessing,
acquiring, or benefitting from any potential innovation,
technology, research, product, or application funded, pro-
duced, or utilized by the partnership.
(e) LEAD AGENCY.—Not earlier than the date on which the
Secretary of Defense submits the first report pursuant to subsection
(d), the Secretary shall designate the Irregular Warfare Technology
Support Directorate of the Department of Defense as the lead
agency of the Department in carrying out this section.
(f) SEMIANNUAL REPORTS.—The Secretary of Defense shall
submit to the appropriate congressional committees on a semi-
annual basis a report that contains a copy of the most recent
semiannual report provided by the government of each covered
partner country to the Department of Defense pursuant to sub-
section (d)(2)(C).
(g) DEFINITIONS.—In this section—
(1) the term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate; and
(2) the term ‘‘covered partner country’’ means a country
that, as of June 1, 2025, has signed a bilateral agreement
with the United States that is managed by the Irregular War-
fare Technology Support Directorate of the Department of
Defense.
SEC. 1235. REPORT ON UNITED STATES-ISRAEL MILITARY EXERCISES.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for not more
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than 3 years, the Secretary of Defense shall submit to the appro-
priate congressional committees a written report on United States
Department of Defense exercises conducted jointly with Israel.
(b) ELEMENTS.—Each report required by subsection (a) shall
include the following:
(1) A list of Department of Defense exercises that included
Israel during the preceding 1-year period.
(2) A list of any other countries that participated in each
such exercise.
(3) A detailed description of the capabilities and missions
rehearsed in each exercise.
(4) A description of the manner and extent to which each
exercise increased inoperability and regional cooperation.
(5) A description of the manner and extent to which each
exercise improved the readiness and capabilities of participating
countries.
(6) An assessment of any gaps in desired joint capabilities
that could be addressed by conducting additional exercises to
increase interoperability, along with the resources required for
such additional exercises and the impact, if any, to United
States readiness from conducting such additional exercises.
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form and may contain a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representa-
tives.
Subtitle E—Matters Relating to Europe,
Ukraine, and the Russian Federation
SEC. 1241. MODIFICATION AND EXTENSION OF ANNUAL REPORT ON
MILITARY AND SECURITY DEVELOPMENTS INVOLVING
THE RUSSIAN FEDERATION.
Section 1234 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3936) is amended—
(1) in subsection (b) to read as follows:
‘‘(b) MATTERS TO BE INCLUDED.—The report required under
subsection (a) shall include the following:
‘‘(1) The goals, factors, and trends shaping Russia’s security
strategy and military strategy, including military spending and
investment priorities.
‘‘(2) Developments in the military doctrine, operational con-
cepts, joint command and organizational structures, and signifi-
cant military operations and deployments of the Russian Armed
Forces.
‘‘(3) An assessment of the force structure, readiness, and
capabilities of the Russian Armed Forces.
‘‘(4) An assessment of the military strategy, objectives,
and force posture of the Russian Armed Forces deployed in
the Arctic and the North Atlantic region.
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‘‘(5) An assessment of the military strategy, objectives,
and force posture of the Russian Armed Forces as they relate
to the North Atlantic Treaty Organization (NATO), including—
‘‘(A) the force posture of Russian Armed Forces
deployed adjacent to NATO’s borders, including in
Kaliningrad;
‘‘(B) a list and description of all known violations by
Russia of NATO airspace during the reporting period, and
to the extent feasible, an evaluation of whether such
incidents were intentional or unintentional; and
‘‘(C) an assessment of the threat posed to NATO bases,
critical infrastructure, and other industrial and military
targets posed by Russian hybrid attacks.
‘‘(6) An assessment of the military strategy, objectives,
and force posture of the Russian Armed Forces deployed in
Ukraine or adjacent to Ukraine’s borders.
‘‘(7) An assessment of the military strategy, objectives,
and force posture of the Russian Armed Forces in the Baltic
and Black Seas.
‘‘(8) An assessment of the reconstitution efforts of the Rus-
sian Armed Forces, including its ability to restore losses from
the war in Ukraine and to expand its force beyond 2022 levels.
‘‘(9) An assessment of the impact of United States and
international sanctions on the Russian military’s reconstitution
efforts, including an assessment of the impact of removing
sanctions on the Russian military’s reconstitution efforts.
‘‘(10) An assessment of what the Russian Armed Forces
have learned from the war in Ukraine and how Russia has
applied those lessons.
‘‘(11) An assessment of the military strategy, objectives,
and force posture of Russia that affect countries in Latin
America and the Caribbean.
‘‘(12) An assessment of the military strategy, objectives,
and force posture of Russia that affect countries in the Indo-
Pacific, with a specific emphasis on how such strategy, objec-
tives, and force posture affect the People’s Republic of China.
‘‘(13) An assessment of the military cooperation between
Russia and the People’s Republic of China, including defense
trade, joint military exercises, and the sharing of military intel-
ligence.
‘‘(14) An assessment of the objectives of Russia’s treaty
alliance with North Korea, including analyses of the following
elements:
‘‘(A) Any technology sharing pertaining to chemical,
biological, radiological, or nuclear weapons.
‘‘(B) Any cooperation on missile or space launch-related
technology.
‘‘(C) Arms trade.
‘‘(D) Tactical and operational military cooperation
between Russia and North Korea, including lessons learned
and compensation derived from cooperative training and
participation in actual conflict.
‘‘(15) An assessment of Russia’s military cooperation with
India.
‘‘(16) An assessment of Russia’s coercive behavior directed
at United States allies in the Indo-Pacific.
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‘‘(17) An assessment of the military strategy, objectives,
and force posture of Russia that affect countries in the Middle
East.
‘‘(18) An assessment of the military strategy, objectives,
and force posture of Russia that affect countries in Africa.
‘‘(19) A description of Russia’s overseas military basing,
military logistics capabilities, and infrastructure to project
power.
‘‘(20) A summary of all significant Russian cooperation
with foreign military and security forces, including major
training and exercises, foreign deployments, and basing agree-
ments—specifying for each Russian foreign deployment the
number of forces deployed, the types of capabilities deployed,
the length of the deployment, and any agreement enabling
or governing the deployment.
‘‘(21) An assessment of relations between Russia and Iran,
the People’s Republic of China, and North Korea, with respect
to security and military matters.
‘‘(22) An assessment of the proliferation activities of Russia
and Russian entities, including activities relating to the supply
of materials, technologies, or expertise relating to nuclear
weapons or other weapons of mass destruction or missile sys-
tems to other states or non-state actors.
‘‘(23) An assessment of Russia’s nuclear program and
capabilities, including—
‘‘(A) its nuclear strategy and associated doctrines;
‘‘(B) the size and state of its stockpile and projections
of its future arsenals;
‘‘(C) its civil and military production capacities; and
‘‘(D) the modernization and force structure of its stra-
tegic forces.
‘‘(24) An assessment of the use by Russia of chemical
weapons, including chemical munitions, during the preceding
year either as part of an armed conflict or against individuals
outside an armed conflict.
‘‘(25) A description of Russia’s current missile defense
strategy and capabilities, including efforts to develop missile
defense capabilities.
‘‘(26) A description of Russia’s anti-access and area denial
capabilities.
‘‘(27) A description of Russia’s command, control, commu-
nications, computers, intelligence, surveillance, and reconnais-
sance modernization program and capabilities and the applica-
tions for such program and capabilities for precision-guided
weapons.
‘‘(28) An assessment of Russia’s space and counterspace
programs and capabilities.
‘‘(29) An assessment of Russia’s cyberwarfare and electronic
warfare capabilities, including details on the number of mali-
cious cyber incidents originating from Russia against Depart-
ment of Defense infrastructure.
‘‘(30) An assessment of any influence operations or cam-
paigns by Russia targeting the United States, any military
alliances and partnerships of which the United States is a
member, or treaty allies of the United States, including—
‘‘(A) the objectives of such operations;
‘‘(B) the tactics, techniques, and procedures used;
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‘‘(C) the impact of such operations on the United States,
military alliances or partnerships of which the United
States is a member, or treaty allies of the United States;
‘‘(D) detail regarding any campaign that specifically
targeted Department of Defense personnel; and
‘‘(E) the metrics used to judge the impact of such
operations.
‘‘(31) An assessment of how Russian private military
companies are being utilized to advance the security interests
of Russia, including by securing access to raw materials.
‘‘(32) Other military and security developments involving
Russia that the Secretary of Defense considers relevant to
United States national security.’’; and
(2) in subsection (g), by striking ‘‘January 31, 2026’’ and
inserting ‘‘January 31, 2030’’.
SEC. 1242. 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 117–263; 136
Stat. 2847) is amended by striking ‘‘or 2025’’ and inserting ‘‘2025,
or 2026’’.
SEC. 1243. EXTENSION AND MODIFICATION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
(1) in subsection (c)—
(A) by redesignating paragraph (6) as paragraph (5);
and
(B) by adding at the end the following new paragraphs:
‘‘(6) AVAILABILITY OF FUNDS FOR PROGRAMS ACROSS FISCAL
YEARS.—Amounts made available after the date of the enact-
ment of the National Defense Authorization Act for Fiscal Year
2026 in a 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
second fiscal year thereafter.
‘‘(7) AUTHORITY FOR INTERCHANGE OF SUPPLIES AND SERV-
ICES.—The limitation in subsection (b)(2) of section 2571 of
title 10, United States Code, shall not apply with respect to
reimbursable support for the purpose of providing assistance
under this section.’’;
(2) in subsection (f), by adding at the end the following:
‘‘(11) For fiscal year 2026, $400,000,000.
‘‘(12) For fiscal year 2027, $400,000,000.’’;
(3) in subsection (h), by striking ‘‘December 31, 2026’’ and
inserting ‘‘December 31, 2029’’; and
(4) by adding at the end the following:
‘‘(k) ACCEPTING EQUIPMENT BACK INTO STOCK.—
‘‘(1) IN GENERAL.—Equipment procured to carry out the
authority granted pursuant to subsection (a) may only be
treated as stocks of the Department of Defense if—
‘‘(A) the equipment procured has not yet been trans-
ferred to the Government of Ukraine and is urgently needed
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to eliminate a deficiency that impacts an ongoing or antici-
pated, imminent United States contingency operation that,
if left unfulfilled, could result in loss of life or critical
mission failure for the United States Armed Forces;
‘‘(B) the equipment procured has not yet been trans-
ferred to the Government of Ukraine and is no longer
needed to support a program carried out pursuant to such
subsection; or
‘‘(C) the equipment procured has been transferred to
the Government of Ukraine and is returned by Ukraine
to the United States.
‘‘(2) REPLACEMENT.—In the case of treating equipment as
stocks of the Department of Defense pursuant to paragraph
(1)(A), the Secretary shall, using amounts made available after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2026, initiate action to replace such equip-
ment for the Government of Ukraine within 30 days of
transmitting the applicable notification required under para-
graph (3).
‘‘(3) NOTIFICATION.—The Secretary may only treat equip-
ment procured to carry out the authority granted pursuant
to subsection (a) as stocks of the Department of Defense pursu-
ant to paragraph (1) if the Secretary submits to the congres-
sional defense committees, the Committee on Foreign Relations
of the Senate, and the Committee on Foreign Affairs of the
House of Representatives a notification that describes how the
relevant conditions to treat the equipment as stocks were met—
‘‘(A) in the case of a notification relating to equipment
described in subparagraph (A) of such paragraph (1), as
soon as feasible but not later than 48 hours after the
date on which the Secretary determines to treat such equip-
ment as stocks of the Department; or
‘‘(B) in the case of a notification relating to equipment
described in subparagraph (B) or (C) of such paragraph,
not fewer than 15 days before the entry into effect of
a determination by the Secretary to treat such equipment
as such stocks.
‘‘(4) REPORT.—In the case of treating equipment as stocks
of the Department of Defense pursuant to paragraph (1)(A),
the Secretary shall transmit to the congressional defense
committees not later than 15 days after submitting the notifica-
tion required in paragraph (3) a report with the plan of the
Department of Defense to replace the equipment originally
intended for the Government of Ukraine, including sourcing,
timeline for procurement, and delivery.’’.
SEC. 1244. MILITARY INTELLIGENCE SUPPORT FOR UKRAINE.
(a) NOTIFICATION REQUIRED.—The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence
of the House of Representatives a notification not later than 48
hours after a decision to pause, terminate, or otherwise restrict
or materially downgrade intelligence support, including information,
intelligence, and imagery collection authorized under title 10,
United States Code, to the Government of Ukraine for the purpose
of supporting military operations of the Government of Ukraine.
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(b) ELEMENTS.—The notification required in subsection (a) shall
include—
(1) a detailed description of the reason for the pause, termi-
nation, restriction, or material downgrade of United States
support;
(2) the expected duration of the pause, termination, restric-
tion, or material downgrade; and
(3) the anticipated impact of such decision on the ability
of Ukraine to conduct effective military operations.
(c) SUNSET.—This section shall cease to be effective on
December 31, 2027.
SEC. 1245. REPORT RELATING TO ALLIED AND PARTNER SUPPORT
TO UKRAINE.
Section 1243 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31; 137 Stat. 460) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) REPORT REQUIRED.—Not later than 90 days after the date
of enactment of this Act, and every 90 days thereafter, the Secretary
of Defense shall submit to the appropriate congressional committees
a report that includes—
‘‘(1) an accounting of all bilateral military contributions
to Ukraine made by allied and partner countries or multi-
national
organizations
in
absolute
and
relative
terms,
disaggregated by country and organization, since January 1,
2022, including a separate accounting of such contributions
during the reporting period;
‘‘(2) an accounting of all contributions to Ukraine made
by allied and partner countries using the United States
Jumpstart initiative, detailing the authorities used, quantity,
valuation, and delivery timeline for each contribution and
including a separate accounting of such contributions during
the reporting period;
‘‘(3) an accounting of all contributions to Ukraine made
by allied and partner countries using the United States
Prioritized Ukraine Requirements List (PURL) initiative to the
Ukraine Security Assitance Initiative (USAI) account, including
a separate accounting of such contributions during the reporting
period as well as—
‘‘(A) the allied contributions used for new procurements
using the USAI account, including the quantity, valuation,
and delivery timeline for each new procurement;
‘‘(B) the allied contributions used for the replacement
of any weapons or articles provided to the Government
of Ukraine, including the quantity, valuation, and delivery
timeline for each item that has been sent to the Govern-
ment of Ukraine from United States stocks; and
‘‘(C) a comprehensive list of United States weapon
systems provided to Ukraine associated with the allied
contributions to the PURL initiative, including, for each
such system, an identification of whether it was previously
committed to Ukraine under USAI or through presidential
drawdown authority, and, if so, the specific assistance pack-
age in which the commitment was made;
‘‘(4) a statement of the remaining unobligated balance of
funds in the USAI account, including a description of when
such balance will expire;
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‘‘(5) a plan for how the Secretary intends to use the
remaining unobligated funds from allied contributions to the
USAI account to support Ukraine’s capacity to defend itself
and strengthen its deterrence against future aggression by
the Russian Federation;
‘‘(6) a plan for further engagement with allied and partner
countries on the use of the PURL initiative to support Ukraine’s
capacity to defend itself and to strengthen its deterrence against
future aggression by the Russian Federation;
‘‘(7) an identification of any weapon system during the
reporting period that meets Ukrainian requirements, as vali-
dated by the Commander of the United States European Com-
mand, but has not been delivered to Ukraine by the United
States or an allied or partner country; and
‘‘(8) any other matters that the Secretary determines to
be relevant.’’;
(2) in subsection (c), by striking ‘‘January 1, 2025’’ and
inserting ‘‘January 1, 2027’’;
(3) by redesignating subsection (c), as so amended, as sub-
section (d); and
(4) by inserting after subsection (b) the following new sub-
section:
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘appropriate congressional committees’
means—
‘‘(1) the congressional defense committees; and
‘‘(2) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Rep-
resentatives.’’.
SEC. 1246. ALLIED CONTRIBUTIONS TO UNITED STATES FORCE POS-
TURE ON NATO’S EASTERN FLANK.
Section 2350j of title 10, United States Code, is amended—
(1) in subsection (b), by inserting ‘‘another country or’’
before ‘‘a regional organization’’;
(2) in subsection (c)—
(A) in paragraph (1), by adding at the end before
the period the following: ‘‘in the host nation or another
country’’;
(B) in paragraph (2), by adding at the end before
the period the following: ‘‘in the host nation or another
country’’;
(C) in paragraph (3), by adding at the end before
the period the following: ‘‘in the host nation or another
country’’; and
(D) by adding at the end the following:
‘‘(4) Other logistical and operational support for the armed
forces in a deployed or rotational status in a country that
is a member of the North Atlantic Treaty Organization.’’;
(3) in paragraph (2) of subsection (f), by amending subpara-
graph (E) to read as follows:
‘‘(E) The amount of such burden sharing contributions
expended, by eligible category, including compensation
for—
‘‘(i) local national employees;
‘‘(ii) military construction projects;
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‘‘(iii) supplies and services of the Department of
Defense; and
‘‘(iv) other logistical and operational support for
the armed forces in a deployed or rotational status
in a country that is a member of the North Atlantic
Treaty Organization.’’; and
(4) by adding at the end the following:
‘‘(g) OTHER LOGISTICAL AND OPERATIONAL SUPPORT FOR THE
ARMED FORCES DEFINED.—In this section, the term ‘other logistical
and operational support for the armed forces’—
‘‘(1) means the reasonable and proper costs of the armed
forces for fuel, transportation, force protection (including cyber
protection), training ammunition, utilities, and medical and
maintenance services, including services required to maintain
infrastructure, pre-positioned stocks, and equipment in good
working order; and
‘‘(2) does not include pay, allowances, and other normal
benefits to which members of the United States armed forces
are entitled.’’.
SEC. 1247. BALTIC SECURITY INITIATIVE.
(a) IN GENERAL.—Pursuant to the authorities provided in
chapter 16 of title 10, United States Code, the Secretary of Defense,
in coordination with the Commander of United States European
Command, shall establish and carry out an initiative, to be known
as the ‘‘Baltic Security Initiative’’, for the purpose of deepening
security cooperation with the military forces of the Baltic countries.
(b) RELATIONSHIP
TO EXISTING AUTHORITIES.—The initiative
required by subsection (a) shall be carried out pursuant to the
authorities provided in title 10, United States Code.
(c) OBJECTIVES.—The objectives of the initiative required by
subsection (a) should include—
(1) to achieve United States national security objectives
by—
(A) deterring aggression by the Russian Federation;
and
(B) implementing NATO’s Strategic Concept, which
seeks to strengthen the Alliance’s deterrence and defense
posture by denying potential adversaries any possible
opportunities for aggression;
(2) to enhance regional planning and cooperation among
the military forces of the Baltic countries, particularly with
respect to long-term regional capability projects, including—
(A) long-range precision fire systems and capabilities;
(B) integrated air and missile defense;
(C) maritime domain awareness;
(D) land forces development, including stockpiling large
caliber ammunition;
(E) command, control, communications, computers,
intelligence, surveillance, and reconnaissance;
(F) special operations forces development;
(G) coordination with and security enhancements for
Poland; and
(H) other military capabilities, as determined by the
Secretary of Defense; and
(3) with respect to the military forces of the Baltic coun-
tries, to improve cyber defenses and resilience to hybrid threats.
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(d) STRATEGY.—
(1) IN
GENERAL.—Not later than 120 after the date of
the enactment of this Act, the Secretary of Defense, in coordina-
tion with the Commander of United States European Command,
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Rep-
resentatives a report setting forth a strategy to achieve the
objectives described in subsection (c).
(2) CONSIDERATIONS.—The strategy required by this sub-
section shall include a consideration of—
(A) security cooperation programs for the Baltic coun-
tries that are authorized as of the date on which the
report containing the strategy is submitted;
(B) the ongoing security threats to NATO’s eastern
flank posed by Russian aggression, including as a result
of the Russian Federation’s 2022 invasion of Ukraine with
support from Belarus;
(C) the ongoing security threats to the Baltic countries
posed by the presence, coercive economic policies, and other
malign activities of the People’s Republic of China; and
(D) a description of how NATO allies are supporting
the Baltic countries to achieve the objectives described
in subsection (c).
(e) SENSE
OF CONGRESS.—It is the sense of Congress that
Baltic countries that participate in the initiative required by sub-
section (a) should make investments in Baltic defense in amounts
that, at a minimum, match with total amounts provided by the
Department of Defense for the initiative.
(f) DEFINITIONS.—In this section—
(1) the term ‘‘Baltic countries’’ means—
(A) Estonia;
(B) Latvia; and
(C) Lithuania; and
(2) the term ‘‘NATO’’ means the North Atlantic Treaty
Organization.
(g) SUNSET.—The requirement under subsection (a) shall termi-
nate on December 31, 2028.
SEC. 1248. MODIFICATION OF UNITED STATES BASING AND TRAINING,
AND EXERCISES IN NORTH ATLANTIC TREATY ORGANIZA-
TION MEMBER COUNTRIES.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 113 note) is
amended to read as follows:
‘‘SEC. 1250. UNITED STATES BASING AND TRAINING IN NORTH
ATLANTIC TREATY ORGANIZATION MEMBER COUNTRIES.
‘‘In considering decisions related to United States military
basing and training in North Atlantic Treaty Organization member
countries, the Secretary of Defense shall include among the factors
for consideration progress toward the defense investment commit-
ment agreed to in the Hague Summit Declaration of June 25,
2025, to invest not less than 5 percent of gross domestic product
annually in defense by 2035, of which—
‘‘(1) not less than 3.5 percent is dedicated to core defense
requirements and North Atlantic Treaty Organization capa-
bility targets; and
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‘‘(2) not less than 1.5 percent is dedicated to other defense
and security related investments.’’.
SEC. 1249. OVERSIGHT OF UNITED STATES MILITARY POSTURE IN
EUROPE.
(a) PROHIBITION ON USE OF FUNDS.—Until the date that is
60 days after the date on which the Commander of the United
States European Command and the Secretary of Defense, in con-
sultation with the heads of other relevant Federal departments
and agencies, have each, independently, submitted to the congres-
sional defense committees the certification described in subsection
(b) and the applicable assessment described in subsection (c), none
of the amounts authorized to be appropriated by this Act or other-
wise made available for fiscal year 2026 may be obligated or
expended—
(1) to reduce the total number of members of the Armed
Forces permanently stationed in or deployed to the area of
responsibility of the United States European Command below
76,000 for longer than a 45-day period;
(2) to divest, consolidate, or otherwise return to a host
country any parcel of land or facility located on real property
under the jurisdiction of the United States European Command
as of June 1, 2025;
(3) to divest, redeploy, withdraw, or otherwise permanently
move out of the area of responsibility of the United States
European Command any Department of Defense equipment
or physical property with an initial purchase value of more
than $500,000 and positioned in such area of responsibility
as of June 1, 2025; or
(4) to relinquish the role of the Commander of the United
States European Command as North Atlantic Treaty Organiza-
tion Supreme Allied Commander Europe.
(b) CERTIFICATION DESCRIBED.—The certification described in
this subsection is a certification that a proposed action described
in any of paragraphs (1) through (4) of subsection (a)—
(1) is in the national security interest of the United States;
and
(2) is being undertaken only after appropriate consultations
with all North Atlantic Treaty Organization (NATO) allies and
relevant non-NATO partners.
(c) ASSESSMENT DESCRIBED.—
(1) IN
GENERAL.—An assessment described in this sub-
section is the following:
(A) In the case of a proposed action described in any
of paragraphs (1) through (3) of subsection (a)—
(i) an analysis of the impact of such an action
on—
(I) the security of the United States;
(II) the ability of the Armed Forces to provide
forward defense of the United States;
(III) NATO’s defense and deterrent posture
against current and future Russian aggression, as
well as the security of NATO as a whole; and
(IV) the ability of the United States to meet
national NATO capability targets, commitments
to the NATO Force Model, regional and theater
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campaign plans, and other warfighting require-
ments;
(ii) an analysis of the impact of such an action
on the ability of the Armed Forces to execute contin-
gency plans of the Department of Defense, including
those in the area of responsibility of United States
European Command or in support of operations and
crisis response in the areas of responsibility of United
States Central Command and United States Africa
Command;
(iii) a description of the specific requirements being
prioritized that necessitate such an action;
(iv) a detailed analysis of the costs, as a result
of such an action, for relocation of personnel, equip-
ment, and associated infrastructure;
(v) an analysis of the impact of such an action
on military training and major military exercises,
including on interoperability and joint activities with
NATO allies and partners;
(vi) a description of consultations regarding such
an action with each NATO ally and all relevant non-
NATO partners;
(vii) an assessment of the impact of such an action
on the credibility of United States extended deterrence
commitments to NATO allies and the potential for
nuclear proliferation in the European theater;
(viii) an assessment of the impact of such an action
on transatlantic cooperation to deter potential threats
from the People’s Republic of China; and
(ix) with respect to an assessment under this
subparagraph relating to a proposed action described
in subsection (a)(1), an articulation of the plan, gen-
erated in coordination with NATO allies, to ensure
that other members of NATO have available capabili-
ties and capacity to assume the roles and responsibil-
ities of the United States Armed Forces to be with-
drawn as a result of such action.
(B) In the case of a proposed action described in para-
graph (4) of subsection (a)—
(i) an explanation of the role of United States
nuclear weapons in supporting NATO operations and
activities following such action, including changes to
command-and-control relationships and adjustments to
the United States nuclear posture;
(ii) a description of consultations regarding such
action with all NATO allies and relevant non-NATO
partners, including through the Nuclear Planning
Group of NATO;
(iii) an assessment of the impact of such action
on the effectiveness of NATO nuclear deterrence;
(iv) a risk assessment of—
(I) the nuclear capabilities of NATO allies;
and
(II) the potential for nuclear proliferation in
Europe; and
(v) a risk assessment of—
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(I) the capability and capacity of nuclear-
armed NATO allies to effectively deter and, if nec-
essary, defeat likely adversaries in the nuclear
domain absent a United States commander serving
in the role of North Atlantic Treaty Organization
Supreme Allied Commander Europe;
(II) changes to be made to existing United
States contingency plans if other NATO member
countries with nuclear capabilities were to provide
extended nuclear deterrence to NATO; and
(III) the impact of such provision of extended
nuclear deterrence on United States nuclear pos-
ture and deterrence planning requirements.
(2) COORDINATION REQUIRED.—In independently conducting
the assessments described in clauses (iv) and (v) of paragraph
(1)(B) with respect to a proposed action described in subsection
(a)(4), the Secretary of Defense shall coordinate such assess-
ment—
(A) with the Chairman of the Joint Chiefs of Staff,
with respect to the independent risk assessment described
in such clause (iv); and
(B) with the Commander of the United States Strategic
Command, with respect to the independent assessment
described in such clause (v).
(d) FORM.—
(1) CERTIFICATION.—The certification described in sub-
section (b) shall be submitted in unclassified form.
(2) ASSESSMENT.—The assessment described in subsection
(c) shall be submitted in unclassified form but may include
a classified annex.
(3)
PROHIBITION
ON
MODIFICATION.—Any
assessment
required under this section shall be submitted to the congres-
sional defense committees without modification or alteration.
(e) SUNSET.—The limitation under subsection (a) shall termi-
nate on December 31, 2027.
(f) BRIEFING.—
(1) IN GENERAL.—Not later than April 15, 2026, and again
not later than September 15, 2026, the Under Secretary of
Defense for Policy shall provide to the Committee on Armed
Services of the Senate and the Committee on Armed Services
of the House of Representatives a classified briefing on the
implementation of the national defense strategy, including the
policy and overall guidance for the governance of the global
defense posture.
(2) DELEGATION.—The Under Secretary of Defense for
Policy may not delegate the briefings required under this sub-
section.
(3) LIMITATION.—Of the amounts authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for operation and maintenance, defense-wide, and made
available for the Office of the Under Secretary of Defense
for Policy for travel expenses, not more than 50 percent may
be obligated or expended unless the Under Secretary of Defense
for Policy provides the first briefing to Congress required under
paragraph (1) not later than April 15, 2026.
S. 1071—394
SEC. 1250. REPORT ON UNITED STATES DETERRENCE AND DEFENSE
POSTURE IN THE EUROPEAN REGION.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—At the same time as the submission of
the budget of the President (submitted to Congress pursuant
to section 1105 of title 31, United States Code) for fiscal years
2027 and 2028, the Commander of the United States European
Command shall submit to the congressional defense committees
a report containing the independent assessment of the Com-
mander with respect to the activities and resources required,
for the first fiscal year beginning after the date of submission
of the report and the four following fiscal years, to achieve
the following objectives:
(A) The maintenance of the comparative military
advantage of the United States and North Atlantic Treaty
Organization (NATO) with respect to the Russian Federa-
tion, accounting for expanding allied capabilities as alliance
members increase defense spending to fulfill commitments
made at the 2025 NATO Summit in The Hague.
(B) The reduction of the risk of executing contingency
plans of the Department of Defense, including contingency
plans conducted by United States Central Command and
United States Africa Command.
(C) The maintenance of the capability and capacity
to defend the homeland forward.
(2) MATTERS
TO
BE
INCLUDED.—The report required by
paragraph (1) shall include the following:
(A) With respect to the achievement of the objectives
described in paragraph (1), a description of the intended
force structure and posture of assigned and allocated forces
in each NATO member country.
(B) An assessment of the capability requirements to
achieve such objectives.
(C) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs to achieve such objectives.
(D) An identification of required infrastructure and
military construction investments to achieve such objec-
tives.
(E) An assessment of security cooperation authorities,
activities, and resources required to achieve such objectives.
(F)(i) A plan to fully resource United States force pos-
ture and capabilities, including—
(I) a detailed assessment of the resources necessary
to address the elements described in subparagraphs
(A) through (E), including specific cost estimates for
recommended investments or projects, and anticipated
allied contributions—
(aa) to maintain a posture and presence of
the United States Armed Forces that meet the
objectives of paragraph (1);
(bb) to maintain the logistics and maintenance
capabilities and the pre-positioning of equipment,
munitions, fuel, and materiel that meet the objec-
tives of paragraph (1);
(cc) to carry out a program of exercises,
training, experimentation, and innovation for the
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joint force that meet the objectives of paragraph
(1);
(dd) to maintain the infrastructure to ensure
the responsiveness and resiliency of the United
States Armed Forces within NATO in order to
meet the objectives of paragraph (1);
(ee) to build the defense and security capabili-
ties and capacity of allies and partners that meet
the objectives of paragraph (1); and
(ff) to modernize the capabilities available to
the United States European Command to meet
the objectives of paragraph (1); and
(II) a detailed timeline to achieve the intended
force structure and posture described in clause (i).
(ii) The specific cost estimates required by clause (i)(I)
shall, to the maximum extent practicable, include the fol-
lowing:
(I) With respect to procurement accounts—
(aa) amounts displayed by account, budget
activity, line number, line item, and line item title;
and
(bb) a description of the requirements for each
such amount.
(II) With respect to research, development, test,
and evaluation accounts—
(aa) amounts displayed by account, budget
activity, line number, program element, and pro-
gram element title; and
(bb) a description of the requirements for each
such amount.
(III) With respect to operation and maintenance
accounts—
(aa) amounts displayed by account title,
budget activity title, line number, and subactivity
group title; and
(bb) a description of the specific manner in
which each such amount would be used.
(IV) With respect to military personnel accounts—
(aa) amounts displayed by account, budget
activity, budget subactivity, and budget subactivity
title; and
(bb) a description of the requirements for each
such amount.
(V) With respect to each project under military
construction accounts (including unspecified minor
military construction and amounts for planning and
design), the country, location, project title, and project
amount for each fiscal year.
(VI) With respect to any expenditure or proposed
appropriation not described in subclauses (I) through
(V), a level of detail equivalent to or greater than
the level of detail provided in the future-years defense
program submitted pursuant to section 221(a) of title
10, United States Code.
(iii) A budget display, prepared with the assistance
of the Under Secretary of Defense (Comptroller), that com-
pares the independent assessment of the Commander of
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the United States European Command with the amounts
contained in the budget display for the applicable fiscal
year.
(3) FORM.—The report required by paragraph (1) may be
submitted in classified form, but shall include an unclassified
summary.
(b) BRIEFING REQUIRED.—Not later than 15 days after the
submission of the budget of the President (submitted to Congress
pursuant to section 1105 of title 31, United States Code) for fiscal
years 2027 and 2028, the Secretary of Defense (acting through
the Under Secretary of Defense for Policy, the Under Secretary
of Defense (Comptroller), and the Director of Cost Assessment and
Program Evaluation) and the Chairman of the Joint Chiefs of
Staff shall provide to the congressional defense committees a joint
briefing, and any written comments the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff consider necessary, with
respect to their assessments of the report submitted under sub-
section (a), including their assessments of the feasibility and advis-
ability of the plan required by subsection (a)(2)(F).
Subtitle F—Matters Relating to the Indo-
Pacific Region
SEC. 1251. EXTENSION OF PACIFIC DETERRENCE INITIATIVE.
(a) FUNDING.—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 2025’’ and inserting ‘‘the National Defense
Authorization Act for Fiscal Year 2026’’; and
(2) by striking ‘‘fiscal year 2025’’ and inserting ‘‘fiscal year
2026’’.
(b) REPORTS AND BRIEFINGS.—Subsection (d) of such section
is amended—
(1) in paragraph (1)(A), in the matter preceding clause
(i), by striking ‘‘fiscal years 2026 and 2027’’ and inserting
‘‘fiscal years 2027 and 2028’’; and
(2) in paragraph (2), by striking ‘‘fiscal years 2025 and
2026’’ each place it appears and inserting ‘‘fiscal years 2027
and 2028’’.
(c) EXTENSION
OF PLAN.—Subsection (e) of such section is
amended, in the matter preceding paragraph (1), by striking ‘‘fiscal
years 2026 and 2027’’ and inserting ‘‘fiscal years 2027 and 2028’’.
SEC. 1252. EXTENSION OF INDO-PACIFIC EXTENDED DETERRENCE
EDUCATION PILOT PROGRAM.
Section 1314(c) of the Servicemember Quality of Life Improve-
ment and National Defense Authorization Act for Fiscal Year 2025
(Public Law 118–159) is amended by striking ‘‘December 31, 2027’’
and inserting ‘‘December 31, 2030’’.
SEC. 1253. PARTNERSHIP FOR INDO-PACIFIC INDUSTRIAL RESILIENCE.
(a) ESTABLISHMENT.—The Secretary of Defense, in coordination
with the Secretary of State, shall establish and maintain an initia-
tive, to be known as the ‘‘Partnership for Indo-Pacific Industrial
Resilience’’ (referred to in this section as the ‘‘Initiative’’), to
S. 1071—397
strengthen cooperation among the defense industrial bases of the
United States and allied and partner countries in the Indo-Pacific
region and other countries supporting Indo-Pacific defense indus-
trial resilience.
(b) OBJECTIVES.—The objectives of the Initiative shall be the
following:
(1) To enable the production and supply of the material
necessary for equipping the Armed Forces of the United States
and the military forces of allied and partner countries to
achieve—
(A) the objectives set forth in the most recent national
security strategy report submitted to Congress by the Presi-
dent pursuant to section 108 of the National Security Act
of 1947 (50 U.S.C. 3043);
(B) the policy guidance of the Secretary of Defense
provided pursuant to section 113(g) of title 10, United
States Code; and
(C) the future-years defense program submitted to Con-
gress by the Secretary of Defense pursuant to section 221
of title 10, United States Code.
(2) To strengthen the collective defense industrial base
by
expanding
industrial
base
capability,
capacity,
and
workforce, including with respect to enhanced supply chain
security, interoperability, and resilience among participating
countries.
(3) To identify and mitigate industrial base vulnerabilities
across partner countries.
(4) To advance research and development activities to pro-
vide the Armed Forces of the United States and the military
forces of allied and partner countries with systems capable
of ensuring technological superiority over potential adversaries.
(5) To promote co-development, co-production, and procure-
ment collaboration in key defense sectors.
(6) To promote defense innovation, improve information
sharing, encourage standardization, reduce barriers to coopera-
tion, and otherwise mitigate potential vulnerabilities and facili-
tate collaboration.
(7) Any other matter the Secretary of Defense considers
appropriate.
(c) DESIGNATION OF SENIOR OFFICIAL.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
designate a senior civilian official of the Department of Defense
at the Assistant Secretary level or above to lead relevant efforts
of the Initiative, as determined by the Secretary.
(2) NOTIFICATION.—Not later than 30 days after the date
on which the Secretary of Defense makes or changes a designa-
tion under paragraph (1), the Secretary shall submit to the
congressional defense committees a notification of such designa-
tion or change.
(d) PARTICIPATION.—The Secretary of Defense, in coordination
with the Secretary of State, shall establish a process to determine
which allies and partners of the United States (including Australia,
Japan, the Republic of Korea, India, the Philippines, and New
Zealand) shall be invited to participate as member countries of
the Initiative.
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(e) AUTHORITIES.—To carry out this section, the Secretary of
Defense may do the following:
(1) Enter into agreements and memoranda of under-
standing with appropriate counterparts from participating
countries.
(2) Establish working groups and technical exchanges.
(3) Provide technical assistance and capacity-building sup-
port to partner countries using authorities available to the
Secretary under title 10, United States Code.
(4) Engage with industry, capital providers, academia, and
any other stakeholders necessary to advance the objectives
described in subsection (b).
(f) REPORT AND BRIEFING.—
(1) REPORT.—
(A) IN GENERAL.—Not later than March 1, 2027, and
annually thereafter through 2031, the Secretary of Defense
shall submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the
Senate a report on the status and progress of the Initiative.
(B) ELEMENTS.—Each report required by subparagraph
(A) shall include the following:
(i) An assessment of shared industrial base
vulnerabilities.
(ii) An overview of efforts among participating
countries to enhance supply chain integrity and resil-
ience.
(iii) A description of any joint defense production
or co-development initiative, including any such initia-
tive involving sensitive or classified technologies.
(iv) An articulation of priority initiatives for the
upcoming fiscal year.
(v) Recommendations for legislative, regulatory,
policy, or resourcing changes to achieve the objectives
described in subsection (b).
(vi) Any other matter the Secretary of Defense
considers appropriate.
(2) BRIEFING.—Not later than December 1, 2026, and
annually thereafter through 2030, the Secretary of Defense
shall provide the congressional defense committees, the Com-
mittee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate with
a briefing on the progress made toward achieving the objectives
described in subsection (b).
(g) TERMINATION.—The authority under this section shall termi-
nate on December 31, 2030.
SEC. 1254. STRATEGY TO STRENGTHEN MULTILATERAL DEFENSE IN
THE INDO-PACIFIC.
(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretary of State, shall develop and implement a strategy
to strengthen multilateral defense against regional aggression in
the Indo-Pacific region by expanding multilateral coordination with
United States allies and partners in the region.
S. 1071—399
(b) STRATEGY REQUIREMENTS.—The strategy required by sub-
section (a) shall describe current activities and initiatives and iden-
tify future actions to be taken over the next 5 years by the Depart-
ment of Defense to—
(1) expand existing bilateral engagements into multilateral
forums with a focus on defense-related planning and military
exercises;
(2) prioritize the acquisition and fielding of military
capabilities necessary for enhancing multilateral defense,
including long-range precision fires and integrated air defenses
amongst United States allies and partners in the Indo-Pacific
region;
(3) leverage reciprocal access agreements between the
United States and its Indo-Pacific allies, particularly Japan,
the Philippines, South Korea, and Australia, to expand regional
access for allied and partner militaries, including for purposes
of enhancing interoperability, prepositioning munitions stock-
piles, and jointly supporting and leveraging shared facilities,
operational access, and infrastructure;
(4) improve command and control structures to enable
enhanced multilateral coordination with Indo-Pacific allies and
partners;
(5) expand information-sharing and maritime domain
awareness among the United States and Indo-Pacific allies
and partners;
(6) expand the scope and scale of multilateral military
exercises and operations in the region, including more frequent
combined maritime operations through the Taiwan Strait and
in the South China Sea; and
(7) consider foreseeable strategic and operational contin-
gencies affecting the security of strategic transit routes in the
Indo-Pacific region.
(c) SUBMISSION; INTERIM REPORT.—
(1) SUBMISSION OF STRATEGY.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of Rep-
resentatives, and the Committee on Foreign Relations of the
Senate the strategy required by subsection (a), including an
identification of—
(A) any changes to funding or policy required to
strengthen multilateral defense among the United States
and allies and partners in the Indo-Pacific against regional
aggression; and
(B) any additional resources necessary to develop or
to implement the requirements described in subsection (b).
(2) INTERIM REPORT ON IMPLEMENTATION.—Not later than
March 15, 2027, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee
on Foreign Relations of the Senate a report on the progress
of the implementation of the strategy required by subsection
(a), including a description of any gap in resources or authority
that limits the ability of the Department to execute such
strategy.
S. 1071—400
SEC. 1255. 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 South Korea,
including by maintaining the presence of approximately 28,500
members of the United States Armed Forces deployed to South
Korea, enhancing mutual defense base cooperation, and
affirming the United States extended deterrence commitment
using the full range of United States defense capabilities, con-
sistent with the Mutual Defense Treaty Between the United
States and the Republic of Korea, signed at Washington,
October 1, 1953, in support of the shared objective of a peaceful
and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between 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;
(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 Singapore as a Major Security
Cooperation Partner of the United States and continuing to
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strengthen defense and security cooperation between the mili-
tary forces of Singapore and the United States Armed Forces,
including through participation in combined exercises and
training;
(8) engaging with the Federated States of Micronesia, the
Marshall Islands, 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.
Subtitle G—Matters Relating to Asia
SEC. 1261. EXTENSION OF PILOT PROGRAM TO IMPROVE CYBER
COOPERATION WITH FOREIGN MILITARY PARTNERS IN
SOUTHEAST ASIA.
Section 1256(e) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 333
note) is amended by striking ‘‘2027’’ and inserting ‘‘2028’’.
SEC. 1262. PREVENTING CIRCUMVENTION BY CHINESE MILITARY
COMPANIES IN THIRD-PARTY COUNTRIES.
(a) IN GENERAL.—Section 1260H(g)(2)(B)(i)(I) 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
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, any of the following,
whether operating inside or outside of China—
‘‘(aa) the People’s Liberation Army;
‘‘(bb) Chinese military and paramilitary
elements, security forces, police, law enforce-
ment, or border control;
‘‘(cc) the People’s Armed Police;
‘‘(dd) the Ministry of State Security, or
any other organization subordinate to the Cen-
tral Military Commission of the Chinese Com-
munist Party;
‘‘(ee) the Chinese Ministry of Industry and
Information Technology;
‘‘(ff) the State-Owned Assets Supervision
and Administration Commission of the State
Council; or
S. 1071—402
‘‘(gg) the State Administration of Science,
Technology,
and
Industry
for
National
Defense; or’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date that is one year after the date of
the enactment of this Act.
SEC. 1263. INCLUSION ON LIST OF CHINESE MILITARY COMPANIES
OF ENTITIES ADDED TO CERTAIN OTHER LISTS.
Section 1260H(b)(3) 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—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) REVIEW
OF
ENTITIES
ADDED
TO
OTHER
LISTS.—
In preparing each annual revision under subparagraph
(A) of the list required by paragraph (1), the Secretary
shall consider whether to include each Chinese entity
added, during the preceding year, to any other list main-
tained by the United States of entities subject to additional
restrictions or scrutiny for any purpose, as a result of
concerns relating to the activities or affiliations of such
entities.’’.
SEC. 1264. 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.
SEC. 1265. MODIFICATION OF TAIWAN SECURITY COOPERATION INITIA-
TIVE.
Section 1323 of the Servicemember Quality of Life Improvement
and National Defense Authorization Act for Fiscal Year 2025 (Public
Law 118–159) is amended—
(1) in subsection (b)—
(A) paragraph (1)—
(i) by redesignating subparagraph (V) as subpara-
graph (W);
(ii) by inserting after subparagraph (U) the fol-
lowing new subparagraph (V):
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‘‘(V) Medical equipment, supplies, and related contin-
gency care or, for military forces, combat casualty care
capabilities.’’; and
(iii) in subparagraph (W), as redesignated, by
striking ‘‘(U)’’ and inserting ‘‘(V)’’; and
(B) in paragraph (2)—
(i) by redesignating subparagraph (J) as subpara-
graph (K);
(ii) by inserting after subparagraph (I) the fol-
lowing new subparagraph (J):
‘‘(J) Medical equipment, supplies, and related capabili-
ties necessary to carry out functional responsibilities to
support the military and central government security
forces.’’; and
(iii) in subparagraph (K), as redesignated, by
striking ‘‘(I)’’ and inserting ‘‘(J)’’; and
(2) in subsection (d)—
(A) by striking ‘‘Of the amounts’’ and inserting the
following:
‘‘(1) FISCAL YEAR 2025.—Of the amounts’’; and
(B) by adding at the end the following:
‘‘(2) FISCAL YEAR 2026.—Of the amounts authorized to be
appropriated for fiscal year 2026 for the Department of Defense,
not more than $1,000,000,000 may be made available for the
purposes of subsection (a).’’.
SEC. 1266. JOINT PROGRAM WITH TAIWAN TO ENABLE FIELDING OF
UNCREWED SYSTEMS AND COUNTER-UNCREWED SYS-
TEMS CAPABILITIES.
(a) IN GENERAL.—Not later than March 1, 2026, the Secretary
of Defense, in coordination with the Secretary of State and acting
through the Director of the American Institute in Taiwan, shall
seek to engage with appropriate officials of Taiwan in a joint pro-
gram for the purpose of enabling the fielding of uncrewed systems
and counter-uncrewed systems capabilities, including co-develop-
ment and co-production of such capabilities, for the Armed Forces
of the United States and the military forces of Taiwan, consistent
with the Taiwan Relations Act (22 U.S.C. 3301 et seq.).
(b) USE
OF AUTHORITIES.—In carrying out a joint program
under subsection (a), the Secretary of Defense may use the authori-
ties under title 10, United States Code, and other applicable statu-
tory authorities available to the Secretary.
(c) BRIEFING.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, and annually thereafter through
2029, the Secretary of Defense, in coordination with the Sec-
retary of State, shall provide to the appropriate committees
of Congress a briefing on the joint program under subsection
(a).
(2) ELEMENTS.—Each briefing required by paragraph (1)
shall include, for the period covered by the briefing, the fol-
lowing:
(A) A summary of engagements under subsection (a).
(B) A description of activities undertaken by the Sec-
retary of Defense and appropriate officials of Taiwan to
enable the fielding of uncrewed systems and counter-
uncrewed systems capabilities described in subsection (a).
S. 1071—404
(C) A description of progress made in finalizing defense
trade foundational agreements between the United States
and Taiwan, including—
(i) a memorandum of understanding on reciprocal
defense procurement;
(ii) a security of supply agreement;
(iii) an acquisition and cross-servicing agreement;
(iv) a general security of military information
agreement; and
(v) a cyber maturity model certification.
(D) An identification of the additional resources or
authorities necessary to enable the fielding of uncrewed
systems
and
counter-uncrewed
systems
capabilities
described in subsection (a).
(E) Any other matter the Secretary of Defense con-
siders appropriate.
(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. 1267. EXTENSION 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 by striking ‘‘fiscal year 2025’’
and inserting ‘‘fiscal year 2026’’.
SEC. 1268. OVERSIGHT OF UNITED STATES MILITARY POSTURE ON
THE KOREAN PENINSULA.
(a) PROHIBITION ON USE OF FUNDS.—Amounts authorized to
be appropriated by this Act may not be obligated or expended
to reduce the approximate total number of members of the Armed
Forces that are permanently stationed in, or deployed to, the
Republic of Korea below 28,500, or to complete the transition of
wartime operational control of the United States-Republic of Korea
Combined Forces Command from United States-led command to
Republic of Korea-led command in a manner which deviates from
a bilaterally agreed plan to effectuate such a transition, until the
date that is 60 days after the date on which the certification
described in subsection (b) and the applicable assessment described
in subsection (c) are submitted to the appropriate committees of
Congress.
(b) CERTIFICATION DESCRIBED.—The certification described in
this subsection is a certification by the Secretary of Defense, in
consultation with the Commander of the United States Forces
Korea, the Commander of the United States Indo-Pacific Command,
the Secretary of State, and the Director of National Intelligence,
to the appropriate committees of Congress that, as applicable, a
reduction in the approximate total number of members of the Armed
Forces that are permanently stationed in, or deployed to, the
Republic of Korea below 28,500 or the completion of the transition
of wartime operational control of the United States-Republic of
Korea Combined Forces Command from United States-led command
S. 1071—405
to Republic of Korea-led command in a manner which deviates
from a bilaterally agreed plan to effectuate such a transition—
(1) is in the national security interest of the United States;
and
(2) is being undertaken only after appropriate consultations
with allies of the United States, including the Republic of
Korea, Japan, and any country that has sent military contribu-
tions to the United Nations Command.
(c) ASSESSMENT DESCRIBED.—An assessment described in this
subsection is the following:
(1) In the case of a reduction in the total number of mem-
bers of the Armed Forces permanently stationed in or deployed
to the Republic of Korea below 28,500, an assessment by the
Secretary of Defense, in consultation with the Commander of
the United States Forces Korea, the Commander of the United
States Indo-Pacific Command, the Secretary of State, and the
Director of National Intelligence that includes—
(A) an analysis of the impact of such a reduction on—
(i) the security of the United States;
(ii) the security of the Republic of Korea and
Japan;
(iii) United States deterrence; and
(iv) the defense posture of the United States Indo-
Pacific Command;
(B) an analysis of the impact of such a reduction on
the ability of the Armed Forces to execute contingency
plans of the Department of Defense, including in support
of operations beyond the Korean Peninsula;
(C) an analysis of the additional costs for relocation
of personnel, equipment, and associated infrastructure;
(D) an analysis of the impact of such a reduction on
military training and major military exercises, including
on interoperability and joint activities with the Republic
of Korea and Japan;
(E) a description of consultations with the Republic
of Korea, Japan, and countries that have sent military
contributions to the United Nations Command;
(F) an assessment of the impact of a substantial reduc-
tion of the number of members of the Armed Forces perma-
nently stationed in or deployed to the Republic of Korea
on the credibility of United States extended deterrence
commitments to the Republic of Korea and Japan, the
potential for nuclear proliferation in the Indo-Pacific region,
and the ability of the remaining forces permanently sta-
tioned in, or deployed to, the Republic of Korea to support
integrated air and missile defense operations in defense
of the Republic of Korea and Japan; and
(G) an independent risk assessment by the Commander
of the United States Forces Korea, the Commander of
the United States Indo-Pacific Command, and the Chair-
man of the Joint Chiefs of Staff of—
(i) the impact of such a reduction on the security
of the United States;
(ii) the ability of the Armed Forces to execute
contingency plans of the Department of Defense,
including in support of operations beyond the Korean
Peninsula; and
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(iii) the impact of such a reduction on military
training and major military exercises, including on
interoperability and joint activities with the Republic
of Korea and Japan.
(2) In the case of the completion of the transition of wartime
operational control of the United States-Republic of Korea Com-
bined Forces Command from United States-led command to
Republic of Korea-led command in a manner which deviates
from a bilaterally agreed plan to effectuate such a transition,
an assessment by the Secretary of Defense, in consultation
with the Commander of the United States Forces Korea, the
Commander of the United States Indo- Pacific Command, the
Secretary of State, and the Director of National Intelligence
that includes—
(A) an assessment of the extent to which the three
conditions set forth in the bilaterally determined condi-
tions-based Operational Control Transition Plan that was
signed on October 31, 2018, will be satisfied prior to the
completion of such transition;
(B) a detailed description of the manner in which a
Republic of Korea-led Combined Forces Command will
report to national command authorities in the United
States and the Republic of Korea;
(C) a detailed description of the planned command
relationship between a Republic of Korea-led Combined
Forces Command and the United States-led United Nations
Command;
(D) a description of consultations with countries that
have sent military contributions to the United Nations
Command;
(E) a description of the United States-Republic of Korea
wartime operational control consultations with Japan, and
an assessment of approaches for deconflicting military oper-
ations across the United States-Republic of Korea and the
United States-Japan alliances;
(F) an assessment of the effect, if any, of the completion
of such transition on the potential for nuclear proliferation
in the Indo-Pacific region; and
(G) an independent military risk assessment by the
Commander of the United States Forces Korea, the Com-
mander of the United States Indo-Pacific Command, and
the Chairman of the Joint Chiefs of Staff of such transition.
(d) FORM.—
(1) CERTIFICATION.—A certification described in subsection
(b) shall be submitted in unclassified form.
(2) ASSESSMENT.—An assessment described in subsection
(c) shall be submitted in unclassified form but may include
a classified annex.
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
S. 1071—407
SEC. 1269. REPORT ON ENHANCED DEFENSE RELATIONS WITH THE
PHILIPPINES.
(a) IN GENERAL.—Not later than June 1, 2026, and annually
thereafter through 2029, the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the appropriate commit-
tees of Congress a report on enhancing the United States defense
relationship with the Philippines.
(b) ELEMENTS.—Each report required by subsection (a) shall
include, at a minimum, the following:
(1) An assessment of the implementation of the United
States-Philippines Bilateral Defense Guidelines.
(2) An organizational chart and overview of the functions
of the alliance management bodies that report to the United
States-Philippines Mutual Defense Board and Security Engage-
ment Board.
(3) A summary of the activities of the Roles, Missions,
and Capabilities Working Group.
(4) An assessment of the bilateral Philippines-Security
Sector Assistance Roadmap initiative, including a description
of joint capability areas under such initiative.
(5) A projected resourcing plan for the Philippines-Security
Sector Assistance Roadmap initiative that includes the pro-
jected use of national funds of the Philippines, Foreign Military
Sales, Foreign Military Financing, and Department of Defense
International Security Cooperation Program account funds.
(6) A description of the activities and investments the
Department plans, during the three-year period beginning on
the date on which the report is submitted, to implement for—
(A) increased bilateral training, exercises, combined
patrols, and other activities between the United States
Armed Forces and the military forces of the Philippines;
(B) enhancing multilateral security cooperation and
capacity-building efforts among the Philippines, Japan,
Australia, and other foreign partners; and
(C) improving information-sharing mechanisms and
processes, including by adoption of enhanced security proto-
cols, under the General Security of Military Information
Agreement between the United States and the Philippines,
signed at Manila November 18, 2024.
(7) A plan for improving the infrastructure at sites des-
ignated under the Agreement on Enhanced Defense Coopera-
tion, signed at Quezon City April 28, 2014 (TIAS 14-625),
including, for each such site—
(A) an identification of priority facility investments
at the site across the future-years defense program;
(B) a timeline for completing area development plans
for the site; and
(C) a discussion of non-Department investments nec-
essary to enable effective use of the site.
(8) An assessment of requirements for pre-positioning of
equipment and supplies in support of humanitarian assistance,
disaster relief, and other bilateral activities.
(9) A description of the current organization of the Joint
United States Military Assistance Group—Philippines, and an
analysis of the feasibility and advisability of modifying United
States organizational structures to—
S. 1071—408
(A) coordinate United States military activities and
operations involving the Philippines; and
(B) facilitate integrated planning and implementation
of bilateral activities.
(10) An identification of challenges to the implementation
of the guidelines, initiatives, plans, timelines, functions, activi-
ties, investments, and potential modifications described in para-
graphs (1) through (9), and any resourcing requirements,
bilateral agreements, or other measures that would facilitate
the implementation of such guidelines, initiatives, plans,
timelines, functions, activities, investments, or potential modi-
fications.
(c) FORM.—Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on 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. 1270. MODERNIZING THE DEFENSE CAPABILITIES OF THE PHIL-
IPPINES.
(a) PURPOSE.—In addition to the purposes otherwise authorized
for Foreign Military Financing with respect to the Philippines,
the Secretary of State shall use the authorities under this section
to—
(1) strengthen the United States-Philippines alliance in
accordance with the historic agreement reached at the United
States-Philippines 2+2 Ministerial Dialogue on August 2, 2024;
(2) enable the acceleration of phase three of the moderniza-
tion of the Armed Forces of the Philippines;
(3) provide additional information to the Chairs of the
United States-Philippine Bilateral Security Dialogue to enable
planning and prioritization of Joint Capability Areas;
(4) support the execution of the Philippines-Security Sector
Assistance Roadmap; and
(5) provide assistance, including equipment, training, and
other support, to modernize the defense capabilities of the
Armed Forces of the Philippines in order to—
(A) safeguard the territorial sovereignty of the Phil-
ippines;
(B) improve maritime domain awareness;
(C) counter coercive military activities;
(D) improve the military and civilian infrastructure
and capabilities necessary to prepare for regional contin-
gencies; and
(E) strengthen cooperation between the United States
and the Philippines on counterterrorism-related efforts.
(b) ANNUAL SPENDING PLAN.—Not later than March 1, 2026,
and annually thereafter for a period of 4 years, the Secretary
of State, in coordination with the Secretary of Defense, shall submit
to the appropriate congressional committees a plan describing how
amounts authorized to be appropriated pursuant to subsection (e),
if made available, would be used to achieve the purpose described
in subsection (a).
S. 1071—409
(c) ANNUAL REPORT ON ENHANCING THE UNITED STATES-PHIL-
IPPINES DEFENSE RELATIONSHIP.—
(1) REPORT REQUIRED.—Not later than 270 days after the
date of the enactment of this Act, and annually thereafter
for a period of 4 years, the Secretary of State, in consultation
with the Secretary of Defense and such other heads of Federal
departments and agencies as the Secretary of State considers
appropriate, shall submit to the appropriate congressional
committees a report that describes steps taken to enhance
the United States-Philippines defense relationship.
(2) MATTERS TO BE INCLUDED.—Each report required under
paragraph (1) shall include the following:
(A) A description of the capabilities and defense infra-
structure improvements needed to modernize the defense
capabilities of the Philippines, including with respect to—
(i) coastal defense;
(ii) long-range fires;
(iii) integrated air defenses;
(iv) maritime security;
(v) manned and unmanned aerial systems;
(vi) mechanized ground mobility vehicles;
(vii) intelligence, surveillance, and reconnaissance;
(viii) defensive cybersecurity;
(ix) military construction;
(x) maintenance and sustainment of military
capabilities; and
(xi) any other defense capabilities that the Sec-
retary of State determines, including jointly with the
Philippines, are crucial to the defense of the Phil-
ippines.
(B) An assessment of the absorptive capacity of the
Armed Forces of the Philippines, including the coast guard,
over the next 5 years.
(C) A description of how statutory authorities under
title 10, United States Code, including under section 333
of such title and authorities relating to unspecified minor
military construction and overseas humanitarian, disaster,
and civic aid, will be used to provide support for the Phil-
ippines-Security Sector Assistance Roadmap and the
defense
capabilities
described
in
subparagraph
(A),
prioritized according to the assessment of the absorptive
capacity of the Armed Forces of the Philippines required
under subparagraph (B).
(3) FORM.—Each report required under paragraph (1) shall
be submitted in unclassified form, but may contain a classified
annex.
(d) FOREIGN MILITARY FINANCING LOAN AND LOAN GUARANTEE
AUTHORITY.—
(1) DIRECT LOANS.—
(A) IN
GENERAL.—During fiscal years 2026 through
2030, the Secretary of State may make direct loans avail-
able for the Philippines pursuant to section 23 of the Arms
Export Control Act (22 U.S.C. 2763).
(B) MAXIMUM OBLIGATIONS.—Gross obligations for the
principal amounts of loans authorized under subparagraph
(A) may not exceed $1,000,000,000.
(C) SOURCE OF FUNDS.—
S. 1071—410
(i) DEFINED TERM.—In this subparagraph, the term
‘‘cost’’—
(I) has the meaning given such term in section
502(5) of the Congressional Budget Act of 1974
(2 U.S.C. 661a(5));
(II) shall include the cost of modifying a loan
authorized under subparagraph (A); and
(III) may include the costs of selling, reducing,
or cancelling any amounts owed to the United
States or to any agency of the United States.
(ii) IN GENERAL.—Amounts authorized to be appro-
priated under subsection (e) may be made available
to pay for the cost of loans authorized under subpara-
graph (A).
(D) FEES AUTHORIZED.—
(i) IN GENERAL.—The Government of the United
States may charge processing and origination fees for
a loan made pursuant to subparagraph (A), not to
exceed the cost to the Government of making such
loan, which shall be collected from borrowers through
a financing account (as defined in section 502(7) of
the Congressional Budget Act of 1974 (2 U.S.C.
661a(7)).
(ii) LIMITATION ON FEE PAYMENTS.—Amounts made
available under any appropriations Act for any fiscal
year may not be used to pay any fees associated with
a loan authorized under subparagraph (A).
(E) REPAYMENT.—Loans made pursuant to subpara-
graph (A) shall be repaid not later than 17 years after
the loan is received by the borrower, including a grace
period of not more than 1 year on repayment of principal.
(F) INTEREST.—
(i) IN GENERAL.—Notwithstanding section 23(c)(1)
of the Arms Export Control Act (22 U.S.C. 2763(c)(1)),
interest for loans made pursuant to subparagraph (A)
may be charged at a rate determined by the Secretary
of State.
(ii) TREATMENT OF LOAN AMOUNTS USED TO PAY
INTEREST.—Amounts made available under this para-
graph for interest costs shall not be considered assist-
ance for the purposes of any statutory limitation on
assistance to a country.
(2) LOAN GUARANTEES.—
(A) IN
GENERAL.—Amounts authorized to be appro-
priated under subsection (e) may be made available for
the costs of loan guarantees for the Philippines under sec-
tion 24 of the Arms Export Control Act (22 U.S.C. 2764)
for the Philippines to subsidize gross obligations for the
principal amount of commercial loans and total loan prin-
cipal, any part of which may be guaranteed.
(B) MAXIMUM AMOUNTS.—Loan guarantees authorized
under subparagraph (A)—
(i) may be made only to the extent that the total
loan principal, any part of which is guaranteed, does
not exceed $1,000,000,000; and
(ii) may not exceed 80 percent of the loan principal
with respect to any single borrower.
S. 1071—411
(C) SUBORDINATION.—Any loan guaranteed pursuant
to subparagraph (A) may not be subordinated to—
(i) another debt contracted by the borrower; or
(ii) any other claims against the borrower in the
case of default.
(D) REPAYMENT.—Repayment in United States dollars
of any loan guaranteed under this paragraph shall be
required not later than 17 years after the loan agreement
is signed.
(E) FEES.—Notwithstanding section 24 of the Arms
Export Control Act (22 U.S.C. 2764), the Government of
the United States may charge processing and origination
fees for a loan guarantee authorized under subparagraph
(A), not to exceed the cost to the Government of such
loan guarantee, which shall be collected from borrowers,
or from third parties on behalf of such borrowers, through
a financing account (as defined in section 502(7) of the
Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
(F) TREATMENTS
OF
LOAN
GUARANTEES.—Amounts
made available under this paragraph for the costs of loan
guarantees authorized under subparagraph (A) shall not
be considered assistance for the purposes of any statutory
limitation on assistance to a country.
(G)
COMMERCIAL
FLEXIBILITY.—Loan
guarantees
authorized under subparagraph (A) may be provided to
entities doing business inside or outside the United States,
notwithstanding any provision of the Arms Export Control
Act (22 U.S.C. 2751 et seq.) that would otherwise limit
eligibility for such guarantees based on geographic location
or business operations.
(3) NOTIFICATION REQUIREMENT.—Amounts authorized to
be appropriated to carry out this subsection may not be
expended without prior notification of the appropriate commit-
tees of Congress.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to amounts otherwise author-
ized to be appropriated for Foreign Military Financing, there
are authorized to be appropriated to the Department of State
for Foreign Military Financing grant assistance for the Phil-
ippines not more than $500,000,000 for each of fiscal years
2026 through 2030.
(2) TRAINING.—Of the amounts authorized to be appro-
priated pursuant to paragraph (1), not less than $500,000 is
authorized to be appropriated each fiscal year for one or more
blanket order agreements for Foreign Military Financing
training programs related to the defense needs of the Phil-
ippines.
(f) SUNSET PROVISION.—Assistance may not be provided under
this section after September 30, 2035.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Foreign Relations, the Com-
mittee on Armed Services, and the Committee on Appro-
priations of the Senate; and
S. 1071—412
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives.
(2) The term ‘‘blanket order agreement’’ means an agree-
ment between a foreign customer and the United States Govern-
ment for a specific category of items or services (including
training) that—
(A) does not include a definitive list of items or quan-
tities; and
(B) specifies a dollar ceiling against which orders may
be placed.
Subtitle H—Other Matters
SEC. 1271. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL
EXPENSES OF THE OFFICE OF THE SECRETARY OF
DEFENSE.
Of the funds authorized to be appropriated by this act or
otherwise made available for fiscal year 2026 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 Secretary of Defense sub-
mits—
(1) the multi-year plan to fulfill the defensive requirements
of the military forces of Taiwan, also known as the ‘‘Taiwan
Security Assistance Roadmap’’, required by section of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (22 U.S.C. 3355);
(2) the independent study of the organizational structure
and force posture of the United States Armed Forces in the
area of responsibility of the United States Indo-Pacific Com-
mand required by section 1319 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31);
(3) the plan for Department of Defense activities to
strengthen United States extended deterrence commitments
to the Republic of Korea required by section 1344 of the Service-
member Quality of Life Improvement and National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159);
(4) the plan to advance trilateral defense cooperation among
the United States, Japan, and the Republic of Korea required
by section 1345 of the Servicemember Quality of Life Improve-
ment and National Defense Authorization Act for Fiscal Year
2025 (Public Law 118–159);
(5) the report on Department of Defense activities that
would be necessary to support the potential establishment of
a regional contingency stockpile for Taiwan required by the
Joint Explanatory Statement accompanying the Servicemember
Quality of Life Improvement and National Defense Authoriza-
tion Act for Fiscal Year 2025 (Public Law 118–159); and
(6) the annual progress report due December 31, 2024,
regarding implementation of the pilot program to improve cyber
cooperation with covered foreign military partners in southeast
Asia required by section 1256(c)(2) of the National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
S. 1071—413
SEC. 1272. REPEAL OF WAR-RELATED REPORTING REQUIREMENTS
FOR CONCLUDED OPERATIONS.
Section 1221 of the National Defense Authorization Act for
Fiscal Year 2006 (10 U.S.C. 113 note) is repealed.
SEC. 1273. DEFENDING INTERNATIONAL SECURITY BY RESTRICTING
UNACCEPTABLE PARTNERSHIPS AND TACTICS.
(a) WORKING GROUPS ON ADVERSARY ALIGNMENT.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of State, the Sec-
retary of Defense, the Secretary of the Treasury, the Secretary
of Commerce, and the Director of National Intelligence shall
each—
(A) establish a working group on adversary alignment;
and
(B) designate a point of contact on adversary align-
ment, who shall serve as the head of the working group
for the applicable department or office.
(2) REQUIREMENTS.—Each working group established
pursuant to paragraph (1) shall—
(A) comprise—
(i) subject matter experts covering each of—
(I) the People’s Republic of China;
(II) the Russian Federation;
(III) the Islamic Republic of Iran; and
(IV) the Democratic People’s Republic of
Korea; and
(ii) representatives covering all core functions of
the department or office of the Secretary or Director
establishing the working group;
(B) ensure that the working group members have the
requisite security clearances and access to critical compart-
mented information necessary to assess and understand
the full scope of adversary cooperation, including how
events in one theater might trigger actions in another;
and
(C) not later than 180 days after the date of the enact-
ment of this Act, submit to the Secretary or Director who
established the working group, and to the appropriate
committees of Congress, a report—
(i) evaluating the impact of adversary alignment
on the relevant operations carried out by the depart-
ment or office of the working group; and
(ii)
setting
forth
recommendations
for
such
organizational changes as the working group considers
necessary to ensure the department or office of the
working group is well positioned to routinely evaluate
and respond to the rapidly evolving nature of adversary
cooperation and the attendant risks.
(3) BIANNUALLY
INTERAGENCY
MEETING.—Not less fre-
quently than biannually, the heads of the working groups estab-
lished under this section shall meet to discuss findings, prob-
lems, and next steps with respect to adversary alignment.
(4) SUNSET.— The authorities and requirements under this
subsection shall terminate 5 years after the date of enactment
of this section, unless reauthorized by Congress.
S. 1071—414
(b) REPORT ON NATURE, TRAJECTORY, AND RISKS OF BILATERAL
COOPERATION BETWEEN, AND MULTILATERAL COOPERATION AMONG,
ADVERSARIES OF THE UNITED STATES.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Director of National Intel-
ligence, in coordination with the head of any Federal agency
the Director considers appropriate, shall submit to the Presi-
dent, any Federal officer of Cabinet-level rank the Director
considers appropriate, and the appropriate committees of Con-
gress, a report on bilateral and multilateral cooperation among
adversaries of the United States and the resulting risks of
such cooperation.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description of the current nature and extent
of dangerous bilateral or multilateral cooperation among
the People’s Republic of China, the Russian Federation,
the Islamic Republic of Iran, and the Democratic People’s
Republic of Korea across the diplomatic, information, mili-
tary, and economic spheres, and an assessment of the
advantages that accrue to each adversary from such
cooperation.
(B) An assessment of the trajectory for cooperation
among the adversaries described in subparagraph (A)
during the 5-year period beginning on the date on which
the report is submitted.
(C) An outline of the risks to the United States and
allied diplomatic, military, intelligence, and economic oper-
ations, and broader security interests around the world.
(D) An evaluation of the vulnerabilities and tension
points within such adversary bilateral or multilateral rela-
tionships, and an assessment of the likely effect of efforts
by the United States to separate adversaries.
(3) USE
OF
OTHER
REPORTING.—The report required by
paragraph (1) may be completed using reports submitted by
the Director of National Intelligence to satisfy other statutory
requirements.
(4) FORM.—The report required by paragraph (1) shall be
submitted in classified form.
(c) REPORT ON STRATEGIC APPROACH.—
(1) IN
GENERAL.—Not later than 180 days after the
establishment of the Working Groups on Adversary Alignment
required by subsection (a), the Secretary of State and the
Secretary of Defense, in consultation with the Secretary of
the Treasury, the Secretary of Commerce, and the Director
of National Intelligence, shall submit to the appropriate
committees of Congress a report outlining the strategic
approach of the United States to adversary alignment and
the necessary steps to disrupt, frustrate, constrain, and prepare
for adversary cooperation during the two-year period beginning
on the date of the submission of such report.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A detailed description of the methods and tools
available to the United States to disrupt the most dan-
gerous elements of adversary cooperation, including the
S. 1071—415
growing connectivity between the defense industrial bases
of each adversary.
(B) A framework for using diplomatic engagement and
intelligence diplomacy, as appropriate—
(i) to inform allies and partners about the
increasing risk of adversary alignment;
(ii) to secure the support of allies and partners
in combating adversary alignment; and
(iii) to assess and help address, as appropriate,
the vulnerabilities and capability gaps of allies and
partners to counter threats from adversary alignment.
(C) A plan for ensuring the integrity of United States
methods of economic statecraft, including an assessment
of the efficiency of the United States sanctions and export
control enforcement apparatus and any accompanying
resourcing requirements.
(D) A plan to bolster deterrence within the priority
theaters of the Indo-Pacific region, Europe, and the Middle
East by—
(i) increasing United States and partner munitions
stockpiles, particularly such stockpiles that are most
critical for supporting frontline partners such as Israel,
Taiwan, and Ukraine in the event of aggression by
a United States adversary;
(ii) facilitating collaborative efforts with partners
for the co-production, co- maintenance, and co-
sustainment of critical munitions and platforms
required by the United States and allies and partners
of the United States in the event of a future conflict
with the People’s Republic of China, the Russian Fed-
eration, the Islamic Republic of Iran, or the Democratic
People’s Republic of Korea; and
(iii) more effectively using funding through the
United States Foreign Military Financing program to
support allied and partner domestic defense production
that can contribute to deterrence in each such priority
theater; and
(iv) such other measures as determined by the
Secretaries.
(E) A plan for updating war-planning tools of the
Department of Defense not later than 1 year after the
date on which the report is submitted to ensure that United
States war planners are better equipped to update and
modify war plans in the face of rapidly evolving information
on adversary cooperation.
(F) An assessment of the capability gaps and
vulnerabilities the United States would face in deterring
an adversary in the event that the United States is engaged
in a conflict with an adversary, and a plan to work with
allies
and
partners
to
address
such
gaps
and
vulnerabilities.
(G) Recommendations for actions that allies and part-
ners may take, individually or collectively, to strengthen
their own deterrence and resilience, enhance defense indus-
trial cooperation, and contribute to disrupt adversary align-
ment.
S. 1071—416
(3) FORM.—The report required by paragraph (1) shall be
submitted in classified form.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Foreign Relations, the Com-
mittee on Appropriations, the Committee on Banking, Housing,
and Urban Affairs, and the Committee on Commerce, Science,
and Transportation of the Senate; and
(2) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Foreign Affairs,
the Committee on Appropriations, the Committee on Financial
Services, and the Committee on Energy and Commerce of the
House of Representatives.
SEC. 1274. REPORT REGARDING JOINT TRAINING WITH MEXICO TO
COUNTER TRANSNATIONAL CRIMINAL ORGANIZATIONS.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Secretary of State and the Government of Mexico,
shall submit to the appropriate congressional committees a report
that—
(1) details activities taking place pursuant to existing
authorities of the Department of Defense with respect to joint
training between the Department of Defense and the armed
forces of Mexico regarding tactics, techniques, and procedures
for countering the threat posed by transnational criminal
organizations;
(2) includes recommendations for future additional activi-
ties with respect to the joint training described in paragraph
(1); and
(3) may include, as appropriate and in consultation with
the appropriate civilian United States Government agencies
specializing in countering transnational criminal organizations,
a list of recommendations for additional activities to counter
the threat of transnational criminal organizations, including—
(A) joint network analysis;
(B) counter threat financing;
(C) counter illicit trafficking (including narcotics,
weapons, and human trafficking, and illicit trafficking in
natural resources);
(D)
assessments
of
key
nodes
of
activity
of
transnational criminal organizations; and
(E) operations involving the use of rotary-wing aircraft.
(b) RECOMMENDED ACTIVITIES LIMITATION.—Any recommenda-
tion for an additional activity that is included in a report required
in subsection (a) shall be in addition to, and may not be intended
to supersede, replace, or disrupt, existing security cooperation or
training between the United States and the Government of Mexico.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of
the Senate; and
S. 1071—417
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2026 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 2026 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 2026 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 2026 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
2026 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. MODIFICATIONS TO STRATEGIC AND CRITICAL MATERIALS
STOCK PILING ACT.
(a) NATIONAL
DEFENSE
STOCKPILE
SHORTFALL
BRIEFINGS
CHANGES.—Section 14(f)(2) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-5(f)(2)) is amended—
(1) in subparagraph (A)—
S. 1071—418
(A) by striking ‘‘a description of each material’’ and
inserting ‘‘a list of the materials’’; and
(B) by inserting ‘‘and a description of each such mate-
rial,’’ after ‘‘paragraph,’’;
(2) in subparagraph (B), by striking ‘‘and’’ at the end;
(3) in subparagraph (C), by striking the period at the
end and inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
‘‘(D) a list of such materials that are the highest priority
to be acquired for the stockpile in the near term;
‘‘(E) verification that the National Defense Stockpile Man-
ager manages and evaluates the stockpile using the most com-
plete and accurate data provided by the military departments
(as defined under section 101(a) of title 10, United States
Code), including a one-time description of the risks resulting
from the inability of the armed services to provide the National
Defense Stockpile Manager comprehensive data for all of its
required strategic and critical materials; and
‘‘(F) the amounts appropriated by Congress to the stockpile
for both the current fiscal year and the previous fiscal year;’’.
(b) MODIFICATION OF DISPOSAL AUTHORITY.—
(1) IN GENERAL.—Section 5(b) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98d(b)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(B) by striking ‘‘or (5)’’ and inserting ‘‘or (6)’’;
(C) by striking ‘‘has been specifically authorized by
law’’ and inserting ‘‘was included in the most recent annual
materials plan submitted to the congressional defense
committees (as defined in section 101(a) of title 10, United
States Code) under section 11(b)(1)(G)’’; and
(D) by adding at the end the following new paragraph:
‘‘(2) Not later than 15 days after making a disposal under
paragraph (1), the National Defense Stockpile Manager shall notify
the congressional defense committees (as defined in section 101(a)
of title 10, United States Code) of the disposal.’’.
(2) TECHNICAL
AND
CONFORMING
AMENDMENTS.—Section
6(a) of such Act (50 U.S.C. 98e(a)) is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘President’’ and inserting ‘‘National Defense Stockpile Man-
ager’’; and
(B) by amending paragraph (7) to read as follows:
‘‘(7) dispose of materials in the stockpile in accordance
with the most recent annual materials plan submitted to the
congressional defense committees (as defined in section 101(a)
of title 10, United States Code) under section 11(b)(1)(G) and
notify the congressional defense committees of such disposals
as required by section 5(b)(2).’’.
(c) REDUCTION OF WAIT PERIODS.—Sections 5(a)(2), 6(d)(1), and
6(d)(2) of such Act (50 U.S.C. 98d(a)(2), 98e(d)(1), 98e(d)(2)) are
each amended by striking ‘‘45 days’’ and inserting ‘‘30 days’’.
SEC. 1412. RECYCLING FOR CRITICAL MINERALS.
(a) IN GENERAL.—The Under Secretary of Defense for Acquisi-
tion and Sustainment, in coordination with the Director of the
Defense Logistics Agency, shall expand the recovery and reuse
of strategic and critical materials under the Strategic Material
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Recovery and Reuse Program of the Defense Logistics Agency estab-
lished pursuant to section 6(a)(5) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98e(a)(5)) (in this section
referred to as the ‘‘Program’’).
(b) BRIEFING ON EXPANSION.—Not later than March 1, 2026,
the Director of the Defense Logistics Agency shall provide to the
Committees on Armed Services of the Senate and House of Rep-
resentatives a briefing on a plan for expansion of the Program
which shall include—
(1) a list of strategic and critical materials that are deter-
mined to be in shortfall in the National Defense Stockpile
in the most recent report on stockpile requirements submitted
to Congress under section 14(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h–5(a)) that will be
prioritized for inclusion in the Program;
(2) a description of resources required to include the addi-
tional strategic and critical materials identified under para-
graph (1) in the Program;
(3) any barriers to expansion of the Program; and
(4) best practices from the efforts of the Director under
the Program with respect to optical-grade germanium that can
be implemented to expand the Program.
(c) STRATEGIC AND CRITICAL MATERIALS DEFINED.—In this sec-
tion, the term ‘‘strategic and critical materials’’ means materials
determined to be strategic and critical materials under section
3(a) of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98b(a)).
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 1421(a) of the
National Defense Authorization Act for Fiscal Year 2025 (Public
Law 118–159; 138 Stat. 2129), is amended by striking ‘‘September
30, 2026’’ and inserting ‘‘September 30, 2027’’.
(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,
$165,000,000 may be transferred by the Secretary of Defense to
the Joint Department of Defense–Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection
(a)(1) of section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 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 (a) may be used are operations of
the Captain James A. Lovell Federal Health Care Center, consisting
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of the North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated as
a combined Federal medical facility under an operational agreement
covered by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4500).
SEC. 1422. BEGINNING BALANCES OF THE DEFENSE LOGISTICS
AGENCY WORKING CAPITAL FUND FOR AUDIT PURPOSES.
For purposes of an audit conducted under chapter 9A of title
10, United States Code, of the Defense Logistics Agency Working
Capital Fund established pursuant to section 2208 of title 10, United
States Code, Working Capital Funds—
(1) the Fund Balance with Treasury opening balance for
October 1, 2024, for United States Standard General Ledger
Account 101000 is $3,483,483,641.67, as recorded in official
accounting records;
(2) the Unexpended Appropriations–Cumulative opening
balance for October 1, 2024, for United States Standard General
Ledger Account 310000 is $883,887,145.71, as recorded in offi-
cial accounting records;
(3) the Cumulative Results of Operations opening balance
for October 1, 2024, for United States Standard General Ledger
Account 331000 is $27,271,547,121.85, as recorded in official
accounting records;
(4) the Contract Authority Carried Forward opening bal-
ance for October 1, 2024, for United States Standard General
Ledger Account 413900 is $13,130,151,985.39, as recorded in
official accounting records;
(5) the Total Actual Resources–Collected opening balance
for October 1, 2024, for United States Standard General Ledger
Account 420100 is $3,578,944,883.86, as recorded in official
accounting records; and
(6) the Unapportioned–Unexpired Authority opening bal-
ance for October 1, 2024, for United States Standard General
Ledger Account 445000 is $507,354,134.72, as recorded in offi-
cial accounting records.
SEC. 1423. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
2026 from the Armed Forces Retirement Home Trust Fund the
sum of $77,000,000 for the operation of the Armed Forces Retire-
ment Home.
TITLE XV—CYBERSPACE-RELATED
MATTERS
Subtitle A—Cyber Operations
SEC. 1501. PLANNING, PROGRAMMING, AND BUDGET COORDINATION
FOR OPERATIONS OF CYBER MISSION FORCE.
(a) IN GENERAL.— Section 167b of title 10, United States Code,
is amended by adding at the end the following new subsections:
‘‘(f) PLANNING, PROGRAMMING, AND BUDGETING.—(1) In addition
to the activities of a combatant command for which funding may
S. 1071—421
be requested under section 166(b) of this title, the Commander
of the United States Cyber Command shall, subject to the authority,
direction, and control of the Assistant Secretary of Defense for
Cyber Policy, be responsible for directly controlling and managing
the planning, programming, budgeting, and execution of resources
to train, equip, operate, and sustain the Cyber Mission Force.
‘‘(2) The responsibilities assigned to the Commander of the
United States Cyber Command pursuant to paragraph (1) shall
include the following:
‘‘(A) Preparation of a program objective memorandum and
budget estimate submission for the resources required to train,
equip, operate, and sustain the Cyber Mission Force.
‘‘(B) Preparation of budget materials pertaining to the
United States Cyber Command for inclusion in the budget
justification materials that are submitted to Congress in sup-
port of the budget of the Department of Defense for a fiscal
year, as submitted with the budget of the President under
section 1105(a) of title 31, United States Code, that is separate
from any other military department or component of the
Department of Defense.
‘‘(3) The responsibilities assigned to the Commander of the
United States Cyber Command pursuant to paragraph (1) shall
not include the following:
‘‘(A) Military pay and allowances.
‘‘(B) Funding for facility support that is provided by the
military departments.’’.
(b) CONFORMING
AMENDMENT.—Section 1507 of National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 167b note) is repealed.
SEC. 1502. MODIFICATION TO REPORTING REQUIREMENTS FOR
SENIOR MILITARY ADVISOR FOR CYBER POLICY.
Section 392a(b) of title 10, United States Code, is amended—
(1) in paragraph (2)—
(A) in subparagraph (A)(i), by striking ‘‘the Under Sec-
retary of Defense for Policy’’ and inserting ‘‘the Assistant
Secretary of Defense for Cyber Policy’’; and
(B) in subparagraph (B), by striking ‘‘the following:’’
and all that follows and inserting ‘‘the Assistant Secretary
of Defense for Cyber Policy.’’; and
(2) in paragraph (3)(A)—
(A) in clause (i), by striking ‘‘the Under Secretary of
Defense for Policy’’ and inserting ‘‘the Assistant Secretary
of Defense for Cyber Policy’’;
(B) in clause (ii), by striking ‘‘Under Secretary’’ and
inserting ‘‘Assistant Secretary of Defense for Cyber Policy’’;
(C) in clause (iii), by striking ‘‘Under Secretary of
Defense for Policy’’ and inserting ‘‘Assistant Secretary of
Defense for Cyber Policy’’; and
(D) by striking clause (iv).
SEC. 1503. FRAMEWORK FOR INTEGRATION OF INFORMATION TECH-
NOLOGY TECHNICAL DEBT ASSESSMENT INTO ANNUAL
BUDGET PROCESS.
(a) FRAMEWORK DEVELOPMENT.—Not later than September 1,
2026, the Secretary of Defense shall, in coordination with the Chief
Information Officer of the Department of Defense, the Secretaries
of the military departments, and the Chief Information Officers
S. 1071—422
of the military departments, develop a framework for the integration
of technical debt assessment, tracking, and management into
existing processes of the Department of Defense for information
technology investment decisions and budget justification materials.
(b) TECHNICAL
DEBT
CATEGORIZATION.—The Secretary of
Defense shall carry out a comprehensive reevaluation of the current
definition of ‘‘technical debt’’ used by the Department of Defense
and develop a technical debt classification that adequately reflects
different types of technical debt, including application, physical
infrastructure, architecture, and documentation components.
(c) FRAMEWORK COMPONENTS.—
(1) INTEGRATION REQUIREMENT.—The Secretary of Defense
shall ensure the framework developed under subsection (a)
provides for integration of technical debt considerations into
existing management processes and structures of the Depart-
ment of Defense relating to resourcing and programmatic
decisions for existing or proposed information technology sys-
tems, services, or related programs of record.
(2) METRICS.—The framework developed under subsection
(a) shall include—
(A) baseline measurement for technical debt for a spe-
cific technology or program;
(B) objectives for technical debt reduction; and
(C) consolidated metrics for Department of Defense-
wide use, including outcome-based metrics for assessing
operational and financial impacts.
(3) PROCESS
INTEGRATION.—The framework developed
under subsection (a) shall use existing governance structures
for overseeing information technology investments.
(4) MINIMUM
REQUIREMENTS.—The framework developed
under subsection (a) shall—
(A) establish methods for identifying and evaluating
technical debt;
(B) integrate technical debt management into the plan-
ning, programming, budgeting, and execution process, as
well as information technology governance bodies;
(C) establish prioritization approaches based on mis-
sion effects;
(D) develop mechanisms for identifying gaps in
resourcing and funding required to resolve technical debt;
and
(E) define organizational responsibilities for remedi-
ating assessed technical debt of a program or system.
(5) IMPLEMENTATION.—The Secretary of Defense shall
implement the framework developed under subsection (a) not
later than October 1, 2026, to support the planning, program-
ming, budgeting, and execution process for the budget justifica-
tion materials to be submitted to Congress in support of the
Department of Defense, as submitted with the budget of the
President for fiscal year 2027 under section 1105(a) of title
31, United States Code.
(d) BUDGET MATERIALS.—
(1) JUSTIFICATION
REQUIREMENTS.—Beginning with the
fiscal year 2027 budget request, the Secretary of Defense shall
ensure that, for each fiscal year, the budget justification mate-
rials to be submitted to Congress in support of the budget
of the Department of Defense (as submitted with the budget
S. 1071—423
of the President under section 1105(a) of title 31, United States
Code) include—
(A) technical debt status assessments;
(B) planned investments in physical devices, networks,
and personnel, including training to develop skills, to
transition to new technologies and resolve technical debt;
(C) risk assessments of remaining gaps in the invest-
ments by the Department of Defense and the military
departments required to resolve the technical debt of the
Department; and
(D) alignment with modernization priorities.
(2) PROGRAM ALIGNMENT.—The Secretary of Defense shall
ensure Defense planning guidance and program objective
memoranda address the resolution of funding requirements
associated with resolution of technical debt.
(e) CONGRESSIONAL BRIEFING.—Not later than September 15,
2026, the Secretary shall provide to the congressional defense
committees a briefing on the implementation and effectiveness of
the framework developed under subsection (a).
(f) DEFINITIONS.—In this section:
(1) The term ‘‘information technology’’ has the meaning
given such term in section 11101 of title 40, United States
Code.
(2) The term ‘‘technical debt’’ means design or implementa-
tion constructs that are expedient in the short-term, but that
set up a technical context that can make a future change
costlier or impossible, as defined in Department of Defense
Instruction 5000.87, dated October 2, 2020, or successor instruc-
tion.
SEC. 1504. DEPARTMENT OF DEFENSE DATA ONTOLOGY GOVERNANCE
WORKING GROUP.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a working group to develop and implement a common data
ontology and governance structure across the Department of
Defense.
(2) DESIGNATION.—The working group established under
to paragraph (1) shall be known as the ‘‘Department of Defense
Data Ontology Governance Working Group’’ (in this section
the ‘‘Working Group’’).
(3) USE OF EXISTING STRUCTURES.—
(A) IN GENERAL.—Notwithstanding paragraph (1), the
Secretary of Defense may designate an existing forum,
council, or organizational body to serve as the Working
Group if such entity satisfies the requirements of sub-
sections (b) and (c).
(B) RULE OF CONSTRUCTION.—For the purposes of this
section, a forum, council, or organizational body designated
under subparagraph (A) is deemed to be a working group
established by the Secretary of Defense under paragraph
(1).
(b) PURPOSE.—The purpose of the Working Group is to inform
and to progress the Department of Defense’s foundational data
ontology work by developing and implementing domain-specific data
ontologies and governance structures across the Department of
Defense to expand data interoperability, enhance information
S. 1071—424
sharing, and enable more effective decision making throughout
the Department.
(c) MEMBERSHIP.—The Working Group shall consist of—
(1) the Chief Digital and Artificial Intelligence Officer of
the Department of Defense;
(2) the Chief Information Officer of the Department of
Defense;
(3) the Chief Data Officers of the Department of Defense;
(4) the Chief Information Officers of the military depart-
ments and the combatant commands;
(5) such representatives from defense intelligence elements
as the Secretary of Defense considers appropriate;
(6) the Under Secretary of Defense for Research and
Engineering and the service acquisition executive for each mili-
tary department; and
(7) such other officers or employees of the Department
of Defense as the Secretary considers appropriate.
(d) DUTIES.—The Working Group shall—
(1) coordinate with and build upon any existing data
ontology development efforts for foundational data ontologies
within the Department of Defense and the intelligence commu-
nity (as defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)) to ensure complementary and non-
duplicative efforts;
(2) incorporate Department-wide data and data from
defense intelligence elements into the development of domain-
specific data ontologies Department-wide;
(3) develop and maintain domain-specific data ontologies
that address functional areas within the Department;
(4) establish a process to identify and designate functional
area leads responsible for leading the development, review,
approval, and respective guidance of domain-specific data
ontologies for the functional areas of such elements;
(5) develop a structure for governing data ontologies of
the Department that includes—
(A) a centralized, accessible repository for domain-spe-
cific data ontologies of the Department;
(B) clear ownership and role definitions for data
ontology management, including authorities regarding
access and modification;
(C) standardized governance procedures for updating,
reviewing, and maintaining the data ontologies;
(D) adherence to established data ontology engineering
principles that promote interoperability and reusability
across domains;
(E) infrastructure requirements that include on prem-
ises, multi-cloud and hybrid environments;
(F) access to information networks that are on all
classification levels; and
(G) integration of domain-specific ontologies with
existing Department data management practices and sys-
tems.
(e) FUNCTIONAL AREA LEADS.—
(1) SELECTION CRITERIA.—In designating functional area
leads under subsection (d)(4), the Working Group shall select
individuals who possess extensive subject matter expertise in
S. 1071—425
their respective functional areas and maintain substantial equi-
ties or responsibilities within the functional area.
(2) REPRESENTATION.—The Working Group shall designate
functional area leads under subsection (d)(4) in a manner that
ensures appropriate representation across the Department of
Defense, including the military departments, combatant com-
mands, defense agencies, and field activities.
(3) RESPONSIBILITIES.—Each functional area lead des-
ignated under subsection (d)(4) shall be responsible for—
(A) leading the development and maintenance of
domain-specific data ontologies within the functional areas
for which such entity is designated as the functional area
lead;
(B) reviewing and approving domain-specific data
ontology elements specific to such functional areas;
(C) ensuring alignment between domain-specific data
ontologies specific to such functional areas and the enter-
prise-wide foundational data ontology;
(D) developing guidance specific to such domain-specific
data ontologies for data ontology implementation; and
(E) serving as the authoritative source for knowledge
on domains in such functional areas within the data
ontology governance structure.
(f) TIMELINE AND DELIVERABLES.—
(1) ESTABLISHMENT.—The Secretary of Defense shall ensure
that the Working Group is established pursuant to subsection
(a) not later than June 1, 2026, and the Working Group shall
remain in effect for a period of not less than 5 years beginning
on the date of the establishment of the Working Group, unless
the Secretary determines that it is necessary to transition
the Working Group into a permanent organization.
(2) FUNCTIONAL AREA LEAD DESIGNATION.—Not later than
August 1, 2026, the Working Group shall identify and designate
functional area leads in accordance with subsections (d)(4) and
(e).
(3) DEPARTMENT-LEVEL POLICY.—Not later than June 1,
2027, the Working Group shall develop and distribute a Depart-
ment of Defense-wide policy on the data ontology governance
structure, including guidelines for the development, mainte-
nance, and integration of domain-specific ontologies.
(4) IMPLEMENTATION.—Not later than June 1, 2028, the
Working Group shall implement the governance structure
developed under subsection (d)(5).
(g) BRIEFING AND REPORT.—
(1) BRIEFING.—Not later than July 1, 2027, the Working
Group shall provide to the congressional defense committees
a briefing on progress of the Working Group in carrying out
this section.
(2) REPORT.—Not later than June 30, 2028, the Secretary
of Defense shall submit to the congressional defense committees
a report on the implementation of the data ontology governance
structure, including the status of the implementation of such
structure for domain-specific ontologies, and recommendations
for sustainment and further development.
(h) DEFINITIONS.—In this section:
S. 1071—426
(1) The term ‘‘data ontology’’ means a formal, structured
representation and categorization of data elements, their prop-
erties, and the relationships between them within an informa-
tion system or knowledge domain that enables consistent
interpretation, integration, and analysis of data across different
systems and users.
(2) The term ‘‘Defense intelligence element’’ has the
meaning given such term in section 429 of title 10, United
States Code.
(3) The term ‘‘domain-specific data ontology’’ means a data
ontology that is specific to a particular functional areas within
the Department of Defense.
(4) The term ‘‘foundational data ontology’’ means a top-
level, domain-independent data ontology that establishes uni-
versal categories and primitives applicable across information
systems and upon which domain-specific ontologies are based.
(5) The term ‘‘functional area’’ means a specialized func-
tional, operational, or subject-matter areas within the Depart-
ment.
(6) The terms ‘‘military department’’ and ‘‘service acquisi-
tion executive’’ have the meanings given such terms, respec-
tively, in title 10, United States Code.
SEC. 1505. FUTURE FORCE EMPLOYMENT CONCEPTS DEVELOPMENT
TABLETOP EXERCISES.
(a) TABLETOP EXERCISES REQUIRED.—Not later than September
1, 2026, the Secretary of Defense shall, acting through the covered
officials, conduct one or more tabletop exercises to develop and
evaluate concepts for operational employment of cyber capabilities
by cyber forces of the Department of Defense under development
that would be implemented after the period covered by the most
recent future-years defense program submitted to Congress under
section 221 of title 10, United States Code and the implementation
of the revised force generation model established under section
1533(c) of the National Defense Authorization Act for Fiscal Year
2023 (Public Law 117–263; 10 U.S.C. 167b(c)).
(b) TABLETOP EXERCISE ELEMENTS.—The tabletop exercises
required under subsection (a) shall—
(1) evaluate of future force employment concepts of the
cyber forces of the Department of Defense, including—
(A) identifying and assessing additional elements of
the Cyber Operations Force in various geographic combat-
ant command operational scenarios to provide tactical-level
effects, or integration with non-cyber tactical units, using
radio-frequency enabled cyber or other off-net cyber oper-
ations techniques;
(B) assessing new or novel formations outside of the
current construction of the Cyber Mission Force; and
(C) experimenting with other doctrine, organization,
training, materiel, leadership and education, personnel,
facilities, and policy approaches for cyber activities and
operations or other non-kinetic actions that include cyber
actions outside of the current approach of the Cyber Mis-
sion Force for on-net operations; and
(2) assess different models for command and control for
such future force employment concepts, including integrating
S. 1071—427
asscoaited cyber forces into non-cyber units of the Department
of Defense on a temporary, or permanent basis.
(c) REPORT REQUIRED.—Not later than January 1, 2027, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the results and findings from the tabletop exercises conducted under
subsection (a) and include the recommendations of the Secretary,
if any, regarding matters described in subsections (a) and (b).
(d) DEFINITION OF COVERED OFFICIALS.—In this section, the
term ‘‘covered officials’’ means—
(1) the Secretaries of the military departments;
(2) the Assistant Secretary of Defense for Cyber Policy;
and
(3) the Commander of United States Cyber Command.
SEC. 1506. OCCUPATIONAL RESILIENCY OF THE CYBER MISSION
FORCE.
(a) REQUIREMENT.—Beginning not later than one year after
the date of the enactment of this Act, the Under Secretary of
Defense for Personnel and Readiness and the Under Secretary
of Defense for Policy, in coordination with the Principal Cyber
Advisors of the military departments and the Commander of the
United States Cyber Command, shall jointly carry out an initiative
to understand and address occupational resiliency challenges at
the duty locations of the Cyber Mission Force by ensuring that—
(1) behavioral health professionals are assigned to the oper-
ating locations of United States Cyber Command and the Cyber
Mission Force; and
(2) each such professional holds the security clearance nec-
essary to provide treatment to the members of the Armed
Forces assigned at such duty locations.
(b) ANNUAL BRIEFINGS.—On an annual basis during the three-
year period beginning on the date on which the initiative under
subsection (a) commences, the Under Secretary of Defense for Per-
sonnel and Readiness and the Assistant Secretary of Defense for
Cyber Policy shall jointly provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing
on the following:
(1) The status of carrying out such initiative.
(2) Validation of the security clearances held by behavioral
health professionals assigned under such subsection.
(3) An analysis of clinical acuity being treated by such
professionals.
(4) Identified challenges to carrying out such initiative.
(5) Efforts to improve the awareness by members of the
Armed Forces assigned to the Cyber Mission Force with respect
to the availability of appropriately cleared behavioral health
professionals who can treat such members.
(6) Any other information the Under Secretary or the
Assistant Secretary determines appropriate.
(c) OCCUPATIONAL RESILIENCY CHALLENGES DEFINED.—In this
section, the term ‘‘occupational resiliency challenges’’ means behav-
ioral health challenges relating to an occupation and work-related
stress.
S. 1071—428
SEC. 1507. PROHIBITION ON THE ELIMINATION OF CERTAIN CYBER
ASSESSMENT CAPABILITIES FOR TEST AND EVALUATION.
(a) PROHIBITION.—The Secretary of Defense may not take any
action to divest, consolidate, or curtail any current cyber assessment
capabilities or red teams certified by the National Security Agency
supporting operational test and evaluation for programs of the
Department of Defense unless, prior to taking such action, the
Secretary submits to the congressional defense committees the cer-
tification described in subsection (b) with respect to such action.
(b) CERTIFICATION.— The certification described in this sub-
section with respect to an action described in subsection (a) is
a certification that the decision to take such action and the analysis
related to operational effects on users of cyber assessment capabili-
ties provided by the Director of Operational Test and Evaluation
of such action comply with the applicable requirements under sec-
tion 4173(c)(1)(B) of title 10, United States Code, and which includes
the following:
(1) The analytic basis for making the decision to take
such action, including any cost, workload, and workforce
requirements, as well as any analysis related to operational
effects on users of cyber assessment capabilities provided by
the Director of Operational Test and Evaluation of such action.
(2) An independent review by the Director of Cost Assess-
ment and Program Evaluation of all the analysis included
in the certification under paragraph (1).
(3) A comprehensive plan to sustain the critical cyber
assessment capabilities for test and evaluation currently man-
aged by the Director of Operational Test and Evaluation while
transitioning such capabilities to another element of the Depart-
ment of Defense or, if supporting analyses identify the elements
of the Department to which such capabilities are proposed
to be transferred, a plan for the transition of such capabilities
to such elements, including a timeline for such transfer and
measures to ensure no reductions in such capabilities during
such transition.
(4) A detailed assessment of the funding requirements for
maintaining and enhancing cyber assessment capabilities for
test and evaluation of the Department of Defense, including
how these funding requirements will be incorporated into
annual budget request documents of the Department of
Defense.
(5) A review of staffing, tools, and specialized resources
required to support cyber operational test and evaluation across
major defense acquisition programs (as defined in section 4201
of title 10, United States Code) and information technology
programs of the Department of Defense .
(6) A summary of the efforts of the Department of Defense
to integrate intelligence-informed threat data into operational
cyber testing, including any legal or technical barriers to such
integration and proposed solutions to such barriers.
(7) A plan to improve coordination and information-sharing
between cyber operational test and evaluation stakeholders,
the United States Cyber Command, and the intelligence
community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))) following the transition
described in paragraph (3).
S. 1071—429
(8) Proposed metrics for evaluating mission effects in con-
tested cyber environments that are in accordance with guidance
issued by the Director of Operational Test and Evaluation,
titled ‘‘Cyber Operational Test and Evaluation Guidebook’’ and
dated January 31, 2025.
(9) An assessment of the effectiveness and future needs
of cyber assessment programs of the Department of Defense,
including an identification of any current or future require-
ments of such programs for resources that are or are projected
to not be met.
SEC. 1508. PROHIBITION ON AVAILABILITY OF FUNDS TO MODIFY
AUTHORITIES OF THE COMMANDER OF UNITED STATES
CYBER COMMAND.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 for the Department of Defense, may be obligated or expended
to reduce or diminish the responsibilities, authorities, or organiza-
tional oversight of the Commander of United States Cyber Com-
mand from those in effect on June 1, 2025.
(b) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to—
(1) prohibit the implementation of initiatives pursuant to
section 1533 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
10 U.S.C. 167b); or
(2) prohibit necessary adjustments to the organizational
structure or cyber operations authorities under section 394
of title 10, United States Code, of the United States Cyber
Command that meet critical mission requirements, as directed
by the Secretary of Defense or the Chairman of the Joint
Chiefs of Staff, if—
(A) such adjustments do not diminish the capabilities
of the United States Cyber Command to provide cyber
effects or pose unacceptable risk to the operational
effectiveness of the United States Cyber Command; and
(B) the Secretary of Defense provides to the congres-
sional defense committees a written notification of such
adjustments not later than 30 days before implementing
such adjustments.
SEC. 1509. LIMITATION ON AVAILABILITY OF FUNDS FOR THE COM-
BINED JOINT ALL-DOMAIN COMMAND AND CONTROL INI-
TIATIVE.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 for research, develop-
ment, test, and evaluation, Defense-wide, for the Joint Staff and
the Chief Digital and Artificial Intelligence Officer for the Combined
Joint All-Domain Command and Control initiative, not more than
90 percent may be obligated or expended until the Secretary of
Defense provides to the congressional defense committees a frame-
work for such initiative that helps guide investments and measures
progress for the initiative, as recommended by the Comptroller
General of the United States in the report of the Comptroller
General titled ‘‘Defense Command and Control: Further Progress
Hinges on Establishing a Comprehensive Framework’’ (GAO–25–
106454).
S. 1071—430
Subtitle B—Cybersecurity
SEC. 1511. SECURE MOBILE PHONES FOR SENIOR OFFICIALS AND PER-
SONNEL PERFORMING SENSITIVE FUNCTIONS.
(a) IN GENERAL.—Beginning not later than 90 days after the
date of enactment of this Act, the Secretary of Defense shall ensure
that each wireless mobile phone the Department of Defense provides
to a senior official of the Department or any other employee of
the Department who performs sensitive national security functions,
as determined by the Secretary, and all related telecommunications
services are acquired under contracts or other agreements that
require the enhanced cybersecurity protections described in sub-
section (b).
(b) PROTECTIONS
DESCRIBED.—The enhanced cybersecurity
protections described in this subsection enhanced cybersecurity
protections for wireless mobile phones and related telecommuni-
cation services that includes—
(1) encryption of data on the wireless mobile phones and
of all telecommunications to and from the wireless mobile
phones through such telecommunication services;
(2) capabilities to mitigate or obfuscate persistent device
identifiers, including periodic rotation of network or hardware
identifiers to reduce the risk of inappropriate tracking of the
activity or location of the wireless mobile phones; and
(3) the capability to continuously monitor the wireless
mobile phones.
(c) REPORT.—Not later than 180 days after the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report containing—
(1) a list of the contracts or other agreements entered
into pursuant to subsection (a);
(2) the criteria used by the Secretary to determine which
employees of the Department of Defense performs sensitive
national security functions for the purposes of subsection (a),
and the total number of such employees; and
(3) the total costs of wireless mobile phones and tele-
communication services required by subsection (a).
SEC. 1512. ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING SECU-
RITY IN THE DEPARTMENT OF DEFENSE.
(a) CYBERSECURITY POLICY FOR ARTIFICIAL INTELLIGENCE AND
MACHINE LEARNING USE.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Defense, in consultation
with other appropriate Federal agencies, shall develop and imple-
ment a Department of Defense-wide policy for the cybersecurity
and associated governance of artificial intelligence and machine
learning systems and applications, as well as the models for artifi-
cial intelligence and machine learning used in national defense
applications.
(b) POLICY ELEMENTS.—The policy required under subsection
(a) shall address the following:
(1) Protection against security threats specific to artificial
intelligence and machine learning, including model serialization
attacks, model tampering, data leakage, adversarial prompt
injection, model extraction, model jailbreaks, and supply chain
attacks.
S. 1071—431
(2) Use of cybersecurity measures throughout the life cycle
of systems using artificial intelligence or machine learning.
(3) Adoption of industry-recognized frameworks to guide
the development and implementation of artificial intelligence
and machine learning security best practices.
(4) Standards for governance, testing, auditing, and moni-
toring of systems using artificial intelligence and machine
learning to ensure the integrity and resilience of such systems
against corruption and unauthorized manipulation.
(5) Training requirements for the workforce of the Depart-
ment of Defense to ensure personnel are prepared to identify
and mitigate vulnerabilities that are specific to artificial intel-
ligence and machine learning.
(c) REVIEW AND REPORT.—
(1) REVIEW.—The Secretary of Defense shall conduct a
comprehensive review to identify and assess the effectiveness
of the artificial intelligence and machine learning cybersecurity
and associated governance practices of the Department of
Defense.
(2) REPORT.—
(A) IN GENERAL.—Not later than August 31, 2026, the
Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a report on the findings of the review conducted
under paragraph (1).
(B) CONTENTS.—The report required under subpara-
graph (A) shall include—
(i) an assessment of the current security practices
for artificial intelligence and machine learning across
the Department of Defense;
(ii) an assessment of the cybersecurity risks posed
by the use of authorized and unauthorized artificial
intelligence software, including models developed by
companies headquartered in or operating from foreign
countries of concern, by the Department;
(iii) an identification of gaps in the existing secu-
rity measures of the Department related to threats
specific to the use of artificial intelligence and machine
learning;
(iv) an analysis of the potential of security manage-
ment, access, and runtime capabilities for artificial
intelligence in the commercial sector for use by the
Department to defend systems using artificial intel-
ligence from threats, minimize data exposure resulting
from the use of such systems, and maintain the trust-
worthiness of applications of the Department that use
artificial intelligence;
(v) an evaluation of the alignment of the policies
of the Department with industry frameworks;
(vi) recommend actions to enhance the security,
integrity, and governance of artificial intelligence and
machine learning models used by the Department; and
(vii) an identification of any additional authorities,
resources, or legislative actions required for the
Department to effectively implement artificial intel-
ligence and machine learning model security policy
required by subsection (a).
S. 1071—432
(d) DEFINITIONS.—In this section:
(1) The terms ‘‘artificial intelligence’’ and ‘‘machine
learning’’ have the meanings given such terms, respectively,
in section 5001 of the National Artificial Intelligence Initiative
Act of 2020 (15 U.S.C. 9401).
SEC. 1513. PHYSICAL AND CYBERSECURITY PROCUREMENT REQUIRE-
MENTS FOR ARTIFICIAL INTELLIGENCE SYSTEMS.
(a) SECURITY FRAMEWORK.—
(1) IN GENERAL.—The Secretary of Defense shall develop
a framework for the implementation of cybersecurity and phys-
ical security standards and best practices relating to covered
artificial intelligence and machine learning technologies to miti-
gate risks to the Department of Defense from the use of such
technologies.
(2) COVERAGE OF RELEVANT ASPECTS OF SECURITY.—The
framework developed under paragraph (1) shall cover all rel-
evant aspects of the security of artificial intelligence and
machine learning systems of the Department of Defense,
including the following:
(A) Risk posed to and by the workforce of the Depart-
ment of Defense, including insider threat risks.
(B) Training and workforce development requirements,
including with respect to the following:
(i) Artificial intelligence security awareness.
(ii) Artificial intelligence-specific threats and
vulnerabilities.
(iii) Development of a continuum of professional
development and education of artificial intelligence
security expertise.
(C) Risks to the supply chains of such systems,
including counterfeit parts or data poisoning risks.
(D) Risks relating to adversarial tampering with artifi-
cial intelligence systems.
(E) Risks relating to the unintended exposure or theft
of artificial intelligence systems or data.
(F) Security posture management practices, including
governance of security measures, continuous monitoring,
and incident reporting procedures.
(G) An evaluation of commercially available platforms
for continuous monitoring and assessment of such systems.
(3) RISK-BASED
FRAMEWORK.—The framework developed
under paragraph (1) shall be risk-based, including security
that is proportional to the national security or foreign policy
risks posed by the covered artificial intelligence and machine
learning technology being stolen or tampered with.
(4) USE
OF
EXISTING
FRAMEWORKS.—To the maximum
extent feasible, the framework developed under paragraph (1)
shall—
(A) draw on existing cybersecurity reference docu-
ments, including the NIST Special Publication 800 series;
and
(B) be implemented as an extension or augmentation
of existing cybersecurity frameworks developed by the
Department of Defense, including the Cybersecurity Matu-
rity Model Certification framework.
(5) ADDRESSING EXTREME SECURITY RISKS.—
S. 1071—433
(A) HIGHLY
CAPABLE
CYBER
THREAT
ACTORS.—The
framework developed under paragraph (1) shall prioritize
the most highly capable artificial intelligence systems that
may be of highest interest to cyber threat actors, based
on risk assessments and threat reporting.
(B) SECURITY LEVELS.—The Secretary shall ensure that
the framework developed under paragraph (1) imposes
requirements for security on contractors that are designed
to mitigate the cyberesecurity risks posed by the cyber
threat actors described in subparagraph (A), with the most
stringent security requirements under such frameworks
providing protection that is similar to the protection offered
by national security systems (as defined in section
3552(b)(6) of title 44, United States Code).
(C) GENERAL
DESIGN
WITH
SPECIFIC
COMPONENTS.—
To the extent feasible, any additional security requirements
developed pursuant to subparagraph (B) shall be designed
generally for all software systems of the Department of
Defense, but may contain components designed specifically
for highly capable artificial intelligence systems.
(b) SECURITY REQUIREMENTS.—
(1) IN GENERAL.—The Secretary of Defense shall amend
the Defense Federal Acquisition Regulation Supplement, or
take other similar action, to require covered entities to imple-
ment the best practices described in subsection (a) under the
framework developed under such subsection.
(2) RISK-BASED
RULES.—Any requirements implemented
pursuant to paragraph (1) shall, to the extent practicable, be
narrowly tailored to the specific covered artificial intelligence
and machine learning technologies developed, deployed, stored,
or hosted by a covered entity, and shall be calibrated accord-
ingly to the different tasks involved in development, deploy-
ment, storage, or hosting of components of such covered artifi-
cial intelligence and machine learning technologies.
(3) COST-BENEFIT CONSIDERATION.—
(A) IN GENERAL.—In carrying out paragraph (1), the
Secretary of Defense shall—
(i) consider the costs and benefits to the Depart-
ment of Defense and to the national security and
technological leadership of the United States, of
imposing security requirements on covered entities;
and
(ii) to the extent feasible, design the requirements
implemented pursuant to such paragraph to allow for
trade space analysis by the Department in a trans-
parent manner between competing requirements in
order to minimize the costs and maximize the benefits
of such requirements.
(B) WEIGHING
COSTS
OF
SLOWING
DOWN
DEVELOP-
MENT.—In carrying out subparagraph (A), the Secretary
shall weigh the costs of slowing the development and
deployment of artificial intelligence and machine learning
against the benefits of mitigating national security risks
and potential security risks to the Department of Defense
from using commercial software for imposing additional
physical or cybersecurity requirements for such systems.
S. 1071—434
(c) PRIVATE SECTOR COLLABORATION.—In carrying out the
requirements of subsection (a), the Secretary of Defense shall seek
to collaborate with industry and academia in the development of
the framework under such subsection using a process for consulta-
tion that uses a new or existing mechanism for public-private
partnerships.
(d) IMPLEMENTATION PLAN.—The framework required by sub-
section (a)(1) shall include a detailed plan for the implementation
of the framework that—
(1) establishes timelines and milestones for achieving the
objectives outlined in the framework;
(2) identifies resource requirements and funding mecha-
nisms; and
(3) provides metrics for measuring progress and effective-
ness.
(e) REPORTING REQUIREMENTS.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees an update on the status
of implementation of the requirements of this section.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘artificial intelligence’’ has the meaning given
such term in 238(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232;
10 U.S.C. 4061 note prec.).
(2) The term ‘‘covered artificial intelligence and machine
learning technology’’ means an artificial intelligence or machine
learning system acquired by the Department of Defense or
an element of the Department and all associated components
involved in the development and deployment lifecycle of such
system, including source code, numerical parameters (including
model weights) of the trained artificial intelligence or machine
learning system, details of any methods and algorithms used
to develop such system, data used in the development of such
system, and software used for evaluating the trustworthiness
of the artificial intelligence or machine learning system during
development or deployment.
(3) The term ‘‘covered entity’’ means an entity that enters
into a contract or other agreement with the Department of
Defense under which such entity engages in the development,
deployment, storage, or hosting of one or more covered artificial
intelligence and machine learning technologies.
SEC. 1514. COLLABORATIVE CYBERSECURITY EDUCATIONAL PRO-
GRAM.
(a) PROGRAM REQUIRED.—The Secretary of Defense shall estab-
lish and carry out program under which the Secretary shall seek
to collaborate with academic institutions to develop cybersecurity
educational programs at such institutions, including by establishing
curriculum standards, developing competencies in cybersecurity at
such institutions, promoting community outreach regarding partici-
pation in such educational programs, integrating best practices
across such educational programs, and advancing solutions to chal-
lenges in addressing educational needs with respect to cyber.
(b) CONSULTATION REQUIREMENTS.—In carrying out the pro-
gram under subsection (a), the Secretary of Defense shall—
(1) consult with the Director of the National Security
Agency, the Director of the Cybersecurity and Infrastructure
S. 1071—435
Security Agency of the Department of Homeland Security, the
Director of the National Institute of Standards and Technology,
the Director of the Federal Bureau of Investigation, and the
Director of the National Science Foundation, to ensure that
the cyber education programs and educational resource develop-
ment efforts and programs of the Federal Government do not
compete or conflict with each other;
(2) consult with the heads of other appropriate Federal
agencies and representatives of appropriate private sector enti-
ties, academic institutions, and other organizations as deter-
mined necessary by the Secretary; and
(3) manage instructional and participatory opportunities
available through the efforts, programs, initiatives, and invest-
ments accounted for in the report required under section 1649
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92; 133 Stat. 1758).
(c) DESIGNATIONS.—
(1) IN GENERAL.—In carrying out the program under sub-
section (a), the Secretary of Defense shall designate academic
institutions that meet the standards established under such
program in one or more of cyber defense, cyber operations,
and cyber research.
(2) CRITERIA.—The Secretary of Defense shall make the
designations under paragraph (1) based on the following:
(A) Academic requirements and best practices identi-
fied by the Secretary of Defense in consultation with
Departments and Agencies enabling the development of
educational programs reflecting the full range of cyber
work roles specified in the Defense Cyber Workforce Frame-
work, the National Initiative on Cyber Education Workforce
Framework for Cyber published by the National Institute
of Standards and Technology in NIST Special Publication
800–181, Revision 5, or any successor framework.
(B) Criteria and requirements for the academic institu-
tion emphasizing the following:
(i) Outreach to the surrounding community of the
academic institution.
(ii) Leadership in contributing to the development
of a national cyber workforce, including cultivating
educational institution faculty and research leaders.
(iii) Leadership in the development of educational
and performance expectations for cyber professionals,
including through curriculum and degree offerings to
prepare future cyber professionals of all knowledge
and skill levels.
(iv) Demonstrated commitment to implementing
cyber best practices within the academic institution
across academic disciplines.
(v) Demonstrated commitment to seeking solutions
to challenges in addressing Federal, State, local, terri-
torial, and Tribal-level needs.
(vi) Regional accreditation from one of the six
regional accrediting agencies recognized by the Depart-
ment of Education providing external review to assure
quality and ongoing improvement.
S. 1071—436
(C) Increasing collaboration within the cyber education
community to support development and sharing of edu-
cational materials and curriculum.
(D) Increasing collaboration with private sector entities
and government employers at the Federal, State, local,
territorial, and Tribal levels to further define workforce
requirements and assist in defining academic requirements
to prepare students for the field of cyber.
(d) METRICS AND REPORT.—
(1) METRICS.—The Secretary of Defense shall—
(A) collaborate with the individuals described in sub-
section (b)(1) to identify metrics and annual data reporting
requirements necessary to assess the degree to which the
program established under subsection (a) is meeting the
objectives of such program; and
(B) ensure adequate data and best practices are made
available to the individuals described in subsection (b)(1)
to measure the efficacy of such program and the benefits
provided by such program to individuals participating in
such program and to the Department of Defense compared
to costs of such program paid by academic institutions
participating in such program and sponsors of such pro-
gram.
(2) ANNUAL REPORT.—Not later than one year after the
date of the enactment of this Act, and annually thereafter,
the Secretary of Defense shall submit to Congress a report
on the benefits provided by the program established under
subsection (a) to individuals participating in such program and
to the Department compared to costs of such program paid
by academic institutions participating in such program and
sponsors of such program.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to—
(1) supersede the statutory responsibilities or authorities
of any head of a departments or agencies of the Federal Govern-
ment; or
(2) authorize the appropriation of additional amounts for
the program established under subsection (a).
(f) ACADEMIC
INSTITUTION
DEFINED.—The term ‘‘academic
institution’’ means—
(1) an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002))
in the United States that conducts research sponsored by the
Department of Defense; or
(2) a senior military college (as defined in section 2111a(f)
of title 10, United States Code).
SEC. 1515. INCORPORATION OF ARTIFICIAL INTELLIGENCE CONSIDER-
ATIONS INTO CYBERSECURITY TRAINING.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, acting through the Chief Informa-
tion Officer of the Department of Defense, shall revise the manda-
tory training on cybersecurity for members of the Armed Forces
and civilian employees of the Department of Defense to include
content related to the unique cybersecurity challenges posed by
the use of artificial intelligence.
S. 1071—437
Subtitle C—Information Technology and
Data Management
SEC. 1521. ACCOUNTABILITY OF THE AUTHORIZATION TO OPERATE
PROCESSES.
Section 1522 of the National Defense Authorization Act for
Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 2223 note) is
amended—
(1) in subsection (b)(2)—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(E) defines Department of Defense-wide, mandatory
timelines for activities performed by authorizing officials
with respect to an Authorization to Operate for cloud-
hosted platforms, services, and applications.’’;
(2) in subsection (b)(3), by striking ‘‘subsection (a)’’ and
inserting ‘‘paragraph (1)’’;
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following new sub-
section:
‘‘(c) EXPEDITED PROCESSING.—
‘‘(1) PROCESSES REQUIRED.—Not later than 180 days after
the date of the enactment of this subsection, the Chief Informa-
tion Officer of the Department of Defense, in coordination with
the Chief Information Officers of the military departments,
shall provide to each element of the Department of Defense
with Authorization to Operate responsibilities guidance on, and
direct each such element to develop and implement, one or
more processes to expedite the granting of Authorizations to
Operate and, where applicable, related appeals.
‘‘(2) CRITERIA
FOR
EXPEDITED
REVIEW.—The processes
implemented by an element of the Department of Defense under
paragraph (1) shall provide for expedited review of a request
for an Authorization to Operate if—
‘‘(A) such Authorization to Operate is for an informa-
tion system of such element; and
‘‘(B) the request for such Authorization to Operate
was appropriately submitted to the authorizing official for
such Authorization to Operate and—
‘‘(i) the final determination whether to grant such
Authorization to Operate as has been pending before
such authorizing official for not fewer than 180 days
without resolution;
‘‘(ii) if a mechanism for appealing a determination
by an authorizing official with respect to such
Authorization to Operate exists, such an appeal has
been pending before such authorizing official for not
fewer than 90 days without response; or
‘‘(iii) any other circumstances identified by the
Chief Information Officer of the Department of Defense
in the policy established under paragraph (1) that dem-
onstrate unreasonable delay or impediment to the
Authorization to Operate process.
S. 1071—438
‘‘(3) ELEMENTS.—The process for expedited appeals devel-
oped under paragraph (1) shall include—
‘‘(A) clearly defined timelines for resolution of the expe-
dited review of the appeal, not to exceed 45 days from
the date the expedited review is requested;
‘‘(B) requirements for a written justification when such
timelines cannot be met; and
‘‘(C) tracking and reporting mechanisms to monitor
compliance with such timelines.’’; and
(5) by amending subsection (d), as so redesignated, to read
as follows:
‘‘(d) REPORTS.—
‘‘(1) IMPLEMENTATION STATUS.—
‘‘(A) SECRETARY REPORT.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense commit-
tees a report on the status of the implementation of sub-
sections (a) and (b).
‘‘(B) CHIEF INFORMATION OFFICER REPORT.—Not later
than July 1, 2026, the Chief Information Officer of the
Department of Defense shall submit to the congressional
defense committees a report on the status of the
implementation of subsections (c).
‘‘(2) BIANNUAL REPORT.—
‘‘(A) IN
GENERAL.—Not later than six months after
the date of the enactment of this subsection, and every
six months thereafter under October 1, 2031, the Secretary
of Defense, in coordination with the Chief Information
Officer of the Department of Defense and the Chief
Information Officers of the military departments, shall
submit to the congressional defense committees a report
on the activities under this section in the six-month period
ending on the date of the submission of such report.
‘‘(B) CONTENTS.—Each report required under subpara-
graph (A) shall include, for the period covered by such
report—
‘‘(i) the number of new Authorizations to Operate
issued;
‘‘(ii) the number of requests for an Authorization
to Operate that were submitted with complete and
sufficient documentation to the appropriate authorizing
official;
‘‘(iii) the number of requests for Authorizations
to Operate that were denied;
‘‘(iv) the number of requests for Authorizations
to Operate that were escalated to the process imple-
mented under subsection (c), disaggregated by esca-
lations—
‘‘(I) to the Chief Information Officer of the
Department of Defense; and
‘‘(II) to the Chief Information Officer of each
military department;
‘‘(v) the number of requests described in clause
(iv) that were resolved, disaggregated by resolutions—
‘‘(I) by the Chief Information Officer of the
Department of Defense; and
S. 1071—439
‘‘(II) by the Chief Information Officer of each
military department;
‘‘(vi) the average time required for a capability
to receive an Authorization to Operate, disaggregated
each element of the Department responsible for evalu-
ating the request for the Authorization to Operate;
‘‘(vii) the number of Authorizations to Operate
issued pursuant to the policy required by subsection
(b);
‘‘(viii)
the
number
of
requested
reciprocal
Authorizations to Operate denied due to insufficiency
of supporting evidence, along with a narrative sum-
mary of the primary reasons for such denials;
‘‘(ix) a narrative summary of any recurring defi-
ciencies in the materials required for system authoriza-
tion under the Risk Management Framework;
‘‘(x) recommendations to refine the Risk Manage-
ment Framework and the Authority to Operate process,
including opportunities to define, implement, and vali-
date security controls at a higher organizational level
so that subordinate systems may rely on those controls
without duplicative implementation or assessment; and
‘‘(xi) an evaluation of the training, standards, and
qualification requirements for authorizing officials.’’.
SEC. 1522. ANNUAL REPORT ON DEPARTMENT OF DEFENSE UNIFIED
DATALINK STRATEGY.
Section 1527 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2223 note) is
amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new sub-
section:
‘‘(c) ANNUAL REPORTS.—Not later than 180 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2026, and not less frequently than once each year
thereafter through December 31, 2032, the Secretary of Defense
shall submit to the appropriate congressional committees an annual
report on the implementation of the strategy.’’.
Subtitle D—Artificial Intelligence
SEC. 1531. MODIFICATION OF HIGH-PERFORMANCE COMPUTING
ROADMAP.
Section 1532(c) of the National Defense Authorization Act for
Fiscal Year 2025 (10 U.S.C. 4001) is amended—
(1) in paragraph (1), by inserting ‘‘, including dedicated
computing assets owned and maintained by the Department
of Defense and commercial cloud services and other infrastruc-
ture-as-a-service services’’ before the period at the end;
(2) in paragraph (2)—
(A) by redesignating subparagraph (C) as subpara-
graph (D); and
(B) by inserting after subparagraph (B) the following
new subparagraph (C):
S. 1071—440
‘‘(C) For each data center to be built or expanded
on a military installation, an estimate, to the degree that
the Secretary determines that providing such an estimate
will not delay the submittal of the triennial update required
by paragraph (3), of the additional resource usage resulting
from building or expanding such data center, including—
‘‘(i) an estimate of the increased footprint for phys-
ical space needs;
‘‘(ii) assessments of projected electricity and water
usage requirements for such data center;
‘‘(iii) anticipated effects on the installation and
the
surrounding
community
resulting
from
the
increased power, water, and other resource needs of
such data center, including measures to mitigate any
potential adverse effects on military installations; and
‘‘(iv) strategies to prevent disruptions to local
public utility services and to ensure resilience of the
community in which the military installation resides
and in which the data center is being built, including
consultation with local, State, and Federal agencies
to align infrastructure planning with broader needs
of such community.’’; and
(3) by adding at the end the following:
‘‘(3) TRIENNIAL UPDATES.—Not later than March 1, 2027,
and not later than March 1 of every third year thereafter
until March 1, 2033, the Secretary shall update the roadmap
required by paragraph (1) and submit to the congressional
defense committees the updated roadmap.’’.
SEC. 1532. GUIDANCE AND PROHIBITION ON USE OF CERTAIN ARTIFI-
CIAL INTELLIGENCE.
(a) GUIDANCE AND PROHIBITIONS.—
(1) EXCLUSION AND REMOVAL FROM DEPARTMENT SYSTEMS
AND DEVICES.—Except as provided in subsection (b), not later
than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall require the exclusion and
removal of covered artificial intelligence from the systems and
devices of the Department of Defense.
(2) CONSIDERATION OF GUIDANCE FOR DEPARTMENT SYSTEMS
AND DEVICES.—Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall consider
issuing Department of Defense-wide guidance to exclude and
remove from systems and devices of the Department artificial
intelligence developed by a covered artificial intelligence com-
pany which the Secretary determines poses a risk to national
security.
(3) PROHIBITION FOR CONTRACTORS.—
(A) USE OF COVERED ARTIFICIAL INTELLIGENCE.—Except
as provided in subsection (b), not later than 30 days after
the date of enactment of this Act, no contractor may, during
the period of performance of such contractor under a con-
tract with the Department of Defense, use covered artificial
intelligence with respect to the performance of a contract
with the Department.
(B) USE OF ARTIFICIAL INTELLIGENCE DEVELOPED BY
A COVERED ARTIFICIAL INTELLIGENCE COMPANY.—Except as
provided in subsection (b), if the Secretary of Defense issues
S. 1071—441
guidance described in paragraph (2) with respect to an
artificial intelligence described in such paragraph, no con-
tractor may, during the period of performance of such con-
tractor under a contract with the Department of Defense,
use such artificial intelligence with respect to the perform-
ance of a contract with the Department.
(b) WAIVER.—
(1) IN GENERAL.—The Secretary of Defense may waive a
prohibition under subsection (a), on a case-by-case basis, if
the Secretary determines that the waiver is necessary—
(A) for the purpose of scientifically valid research (as
defined in section 102 of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9501));
(B) for the purpose of evaluation, training, testing,
or other analysis needed for national security;
(C) for the purpose of conducting counter terrorism,
counterintelligence, or other operational military activities
supporting national security; or
(D) for the purpose of fulfilling mission critical func-
tions.
(2) MITIGATION
OF
RISKS.—If the Secretary of Defense
issues a waiver pursuant to paragraph (1), the Secretary shall
take such steps as the Secretary considers necessary to mitigate
any risks due to the issuance of the waiver.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘artificial intelligence’’ has the meaning given
such term in section 5002 of the National Artificial Intelligence
Initiative Act of 2020 (15 U.S.C. 9401) and includes the systems
and techniques described in paragraphs (1) through (5) of sec-
tion 238(g) 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.).
(2) The term ‘‘covered artificial intelligence’’ means—
(A) any artificial intelligence, or successor artificial
intelligence, developed by the Chinese company DeepSeek;
or
(B) any artificial intelligence, or successor artificial
intelligence, developed by High Flyer or an entity owned
by, funded by, or supported by High Flyer or an entity
with respect to which High Flyer directly or indirectly
owns at least a 20 percent stake.
(3) The term ‘‘covered nation’’ has the meaning given such
term in section 4872 of title 10, United States Code.
(4) The term ‘‘covered artificial intelligence company’’
means an entity that produces or provides artificial intelligence
models or applications and—
(A) 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);
(B) is domiciled in a covered nation; or
(C) is subject to unmitigated foreign ownership, control,
or influence by a covered nation, as determined by the
S. 1071—442
Secretary of Defense in accordance with the National Indus-
trial Security Program or any successor to such program.
SEC. 1533. ARTIFICIAL INTELLIGENCE MODEL ASSESSMENT AND OVER-
SIGHT.
(a) CROSS-FUNCTIONAL TEAM
FOR ARTIFICIAL INTELLIGENCE
MODEL ASSESSMENT AND OVERSIGHT.—
(1) ESTABLISHMENT.—The Secretary of Defense shall, in
accordance with section 911 of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C.
111 note), establish a cross-functional team for artificial intel-
ligence model assessment and oversight (in this section referred
to as the ‘‘Cross-Functional Team’’).
(2) PURPOSE.—The Cross-Functional Team shall develop
a standardized assessment framework and governance struc-
ture to facilitate the evaluation of, collaboration on, and
enablement of the rapid development or procurement of artifi-
cial intelligence models employed by the Department of
Defense.
(3) COMPOSITION.—
(A) LEADERSHIP.—The Chief Digital and Artificial
Intelligence Officer of the Department of Defense shall
be the head of the Cross-Functional Team.
(B) MEMBERSHIP.—The Secretary of Defense shall
ensure that the Cross-Functional Team includes represent-
atives from—
(i) the Office of the Chief Information Officer of
the Department of Defense;
(ii) the chief artificial intelligence officers of the
military departments, or in the absence of such posi-
tion, the individual responsible for leading artificial
intelligence efforts within each military department;
(iii) the chief information officers of the military
departments;
(iv) the chief artificial intelligence officers of the
combatant commands and the Joint Staff, or in the
absence of such position, the individuals responsible
for leading artificial intelligence efforts within each
such command and the Joint Staff;
(v) the chief information officers of the combatant
commands and the Joint Staff, or in the absence of
such position, the individuals responsible for leading
information technology efforts within each such com-
mand and the Joint Staff;
(vi) the Under Secretary of Defense for Research
and Engineering;
(vii) the service acquisition executive of each of
the military departments; and
(viii) such other components as the Secretary
determines appropriate.
(4) DUTIES.—The Cross-Functional Team shall do the fol-
lowing:
(A) Develop a standardized assessment framework for
artificial intelligence models currently used by the Depart-
ment of Defense.
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(B) Establish Department of Defense-wide guidelines
for evaluating future artificial intelligence models being
considered for use by the Department.
(C) Develop governance structures for the development,
assessment, testing, and deployment of artificial intel-
ligence models.
(D) Identify appropriate assessment levels for the
performance of artificial intelligence models based on ulti-
mate use case-based risk.
(E) Establish mechanisms for collaboration between
components of the Department of Defense regarding the
development, testing, assessment, and deployment of artifi-
cial intelligence models.
(F) Develop processes for the submission, review, and
approval of use cases for artificial intelligence models
against military and non-military activities of the Depart-
ment of Defense.
(5) FRAMEWORK CONTENT.—The standardized assessment
framework required by paragraph (2) shall include—
(A) standards for the performance of artificial intel-
ligence models;
(B) requirements for documentation of the development
artificial intelligence models;
(C) procedures for testing artificial intelligence models;
(D) compliance with ethical principles regarding the
use of artificial intelligence models;
(E) methodologies for assessing artificial intelligence
models and time periods for validating artificial intelligence
models;
(F) security requirements and compliance require-
ments, including the Federal Risk and Authorization
Management Program established under section 3608 of
title 44, United States Code;
(G) procedures for the Department of Defense to use
assessments of artificial intelligence models conducted by
Executive agencies other than the Department to fulfill
requirements under the framework; and
(H) such other elements as the Cross-Functional Team
determines appropriate.
(b) FUNCTIONAL LEADS FOR ARTIFICIAL INTELLIGENCE APPLICA-
TION.—
(1) DESIGNATION.—The Secretary of Defense shall designate
such organizations of the Department of Defense as the Sec-
retary considers appropriate to serve as functional leads for
artificial intelligence applications used by the Department.
(2) SELECTION CRITERIA.—In designating functional leads
under paragraph (1), the Secretary of Defense shall consider—
(A) subject matter expertise;
(B) equities in the functional area; and
(C) capability to establish assessment standards.
(3) CDAO RESPONSIBILITIES.—The Chief Digital and Artifi-
cial Intelligence Officer of the Department of Defense shall—
(A) serve as the functional lead for business systems
of the Department of Defense using artificial intelligence
models; and
(B) provide Department-wide guidance on commercial
artificial intelligence models.
S. 1071—444
(c) ASSESSMENTS
OF MAJOR ARTIFICIAL INTELLIGENCE SYS-
TEMS.—The Secretary of Defense shall assess all major artificial
intelligence systems using the standard assessment framework
developed under subsection (a)(2).
(d) ADMINISTRATION.—
(1) IN GENERAL.—In carrying out this section, the Secretary
shall ensure the following:
(A) The Cross-Functional Team is established in
accordance with subsection (a) on or before June 1, 2026.
(B) The functional leads for artificial intelligence
application are designated in accordance with subsection
(b) on or before January 1, 2027.
(C) The Cross-Function Team completes development
of the standardized assessment framework and governance
structure required by subsection (a)(2) on or before June
1, 2027.
(D) The assessment of major artificial intelligence sys-
tems required by subsection (c) is completed on or before
January 1, 2028.
(2) CONGRESSIONAL BRIEFING.—Not later than 30 days after
the completion of an activity described in subparagraphs (A)
through (D) of paragraph (1), the Secretary of Defense shall
provide the congressional defense committees a briefing on
the status of the Secretary in carrying out this section.
(e) SUNSET AND TRANSITION.—
(1) SUNSET.—The Cross-Functional Team shall terminate
on December 31, 2030.
(2) TRANSITION.—Not later than June 30, 2030, the Sec-
retary of Defense shall designate an element of the Department
of Defense to succeed the Cross-Functional Team and develop
a plan to transfer the duties of the Cross-Functional Team
described in subsection (a)(4) to such successor element.
(3) REPORT ON ACTIVITIES OF SUCCESSOR ORGANIZATION.—
Not later than one year after the date on which the Cross-
Functional Team is terminated, and not less frequently than
once each year thereafter until the date that is three years
after the date on which the Cross-Functional Team is termi-
nated, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the activities of the
element of the Department of Defense to which the duties
of the Cross-Functional Team were transferred.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘artificial intelligence’’ has the meaning given
in section 238(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232;
10 U.S.C. note prec. 4061).
(2) The term ‘‘functional area’’ refers to a specialized func-
tional, operational, or subject-matter area within the Depart-
ment of Defense.
(3)(A) The term ‘‘major artificial intelligence system’’ means
an artificial intelligence system of the Department of Defense
that—
(i) is integrated with, or materially affects the
operation of, an information system that—
(I) is categorized as high-impact under section
3554 of title 44, United States Code; or
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(II) if compromised, would have a serious
adverse
effect
on
organizational
operations,
organizational assets, or individuals;
(ii) is used by not fewer than 500 users of the
Department annually; and
(iii) is employed in support of—
(I) military operations, training, or planning
activities; or
(II) functions of the Department, including
business operations, human resources manage-
ment, administrative functions, or strategic plan-
ning activities.
(B) The term ‘‘major artificial intelligence system’’ does
not include an artificial intelligence system used solely
for research, development, testing, or evaluation that has
not been deployed for operational use.
(4) The terms ‘‘military department’’ and ‘‘service acquisi-
tion executive’’ have the meanings given such terms, respec-
tively, in section 101(a) of title 10, United States Code.
SEC. 1534. DIGITAL SANDBOX ENVIRONMENTS FOR ARTIFICIAL INTEL-
LIGENCE.
(a) REQUIREMENT TO ESTABLISH.—Not later than April 1, 2026,
the Secretary of Defense shall, acting through the Chief Digital
and Artificial Intelligence Officer of the Department of Defense,
establish a task force on artificial intelligence sandbox environments
(in this section referred to as the ‘‘Task Force’’).
(b) PURPOSE.—The Task Force shall identify, coordinate, and
advance Department of Defense-wide efforts to develop and deploy
artificial intelligence sandbox environments necessary to support
artificial intelligence experimentation, training, familiarization, and
development across the Department of Defense. Such artificial intel-
ligence sandbox environments shall—
(1) be designed for use by personnel with varying levels
of technical proficiency, from personnel with little technical
proficiency to personnel with expert technical proficiency;
(2) enable the building, training, evaluation, and deploy-
ment of artificial intelligence models;
(3) facilitate familiarity with and utilization of existing
artificial intelligence capabilities; and
(4) accelerate the responsible adoption of artificial intel-
ligence across the Department.
(c) CHAIR.—The Task Force shall be chaired by the Chief Digital
and Artificial Intelligence Officer of the Department of Defense.
(d) COMPOSITION.—The Task Force shall be composed of—
(1) the Chief Information Officer of the Department of
Defense;
(2) the chief artificial intelligence officers of the military
departments, or in the absence of such position, the individual
responsible for leading artificial intelligence efforts within each
military department;
(3) the chief information officers of the military depart-
ments;
(4) the chief artificial intelligence officers of the combatant
commands and joint staff, or in the absence of such position,
the individual responsible for leading artificial intelligence
efforts within each combatant command;
S. 1071—446
(5) the chief information officers of the combatant com-
mands, and joint staff, or in the absence of such position,
the individual responsible for leading information technology
efforts within each combatant command;
(6) the Directors for Command, Control, Communications,
and Computers/Cyber of the combatant commands, or their
designees;
(7) the Director for Command, Control, Communications,
and Computers/Cyber of the Joint Staff, or their designee;
and
(8) such other officials of the Department of Defense as
the chair of the Task Force consider appropriate.
(e) FUNCTIONS.—The Task Force shall—
(1) identify and consolidate common requirements with
respect to artificial intelligence sandbox environments across
the Department of Defense, including requirements relating
to interfaces for users with varying technical proficiency, com-
putational resources and infrastructure, pre-trained models and
datasets, and educational and training materials;
(2) identify, inventory, and ensure the availability of
existing solutions and technical documentation and repositories
for applicable artificial intelligence sandbox environments,
including machine-readable documents, reference architectures,
and user guides;
(3) develop and make available to users of artificial intel-
ligence sandbox environments in the Department an analysis
matching common requirements identified under paragraph (1)
with existing solutions identified under paragraph (2);
(4) use existing mechanisms of the Department to achieve
efficiencies in costs and productivity through enterprise licenses
and contracts;
(5) identify and, where possible, streamline authority to
operate approvals for each element of common artificial intel-
ligence sandbox environment architectures; and
(6) make available to the users described in paragraph
(3) guidance on the appropriate use of artificial intelligence
sandbox environments of the Department for users at all levels
of technical proficiency.
(f) BRIEFING.—Not later than August 1, 2026, the chair of
the Task Force shall provide to the congressional defense commit-
tees a briefing on the goals and objectives of the Task Force.
(g) TERMINATION.—The Task Force shall terminate on January
1, 2030.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘artificial intelligence’’ has the meaning given
such term in section 238(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115–232; 10 U.S.C. note prec. 4061).
(2) The term ‘‘artificial intelligence sandbox environment’’
means a secure, isolated computing environment that enables
users with varying levels of technical proficiency to access
artificial intelligence tools, models, and capabilities for the pur-
poses of experimentation, training, testing, and development
without affecting operational systems or requiring specialized
technical knowledge to operate.
(3) The term ‘‘authority to operate’’ means the official
management decision given by a senior organizational official
S. 1071—447
to authorize operation of an information system and to explicitly
accept the risk to organizational operations and assets, individ-
uals, other organizations, and the United States based on the
implementation of an agreed-upon set of security controls, as
defined in Committee on National Security Systems Instruction
4009, or successor document.
(4) The term ‘‘military department’’ has the meaning given
such term in section 101(a) of title 10, United States Code.
SEC. 1535. ARTIFICIAL INTELLIGENCE FUTURES STEERING COM-
MITTEE.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than April 1, 2026, the Sec-
retary of Defense shall establish a steering committee on
advanced artificial intelligence capabilities.
(2) DESIGNATION.—The steering committee established
pursuant to paragraph (1) shall be known as the ‘‘Artificial
Intelligence Futures Steering Committee’’ (in this section the
‘‘Steering Committee’’).
(b) MEMBERSHIP.—The Steering Committee shall be composed
of the following:
(1) The Deputy Secretary of Defense.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Vice Chief of Staff of the Army.
(4) The Vice Chief of Staff of Naval Operations.
(5) The Assistant Commandant of the Marine Corps.
(6) The Vice Chief of Staff of the Air Force.
(7) The Vice Chief of Space Operations.
(8) The Vice Chief of the National Guard Bureau.
(9) The Under Secretary of Defense for Acquisition and
Sustainment.
(10) The Under Secretary of Defense for Research and
Engineering.
(11) The Under Secretary of Defense for Intelligence and
Security.
(12) The Under Secretary of Defense (Comptroller)/Chief
Financial Officer.
(13) Such representatives from the military departments
as the Secretary considers appropriate.
(14) The Chief Digital and Artificial Intelligence Officer
of the Department of Defense.
(15) Representatives of such innovation centers within the
defense innovation ecosystem as the Secretary of Defense deter-
mines appropriate.
(16) Representatives of such other organizations and ele-
ments of the Department of Defense as the Secretary deter-
mines appropriate.
(c) CO-CHAIRPERSONS.—The Deputy Secretary of Defense and
the Vice Chairman of the Joint Chiefs of Staff shall serve as
the co-chairs of the Steering Committee.
(d) RESPONSIBILITIES.—The Steering Committee shall be
responsible for—
(1) formulating a proactive policy for the evaluation, adop-
tion, governance, and risk mitigation of advanced artificial intel-
ligence systems by the Department of Defense that are more
S. 1071—448
advanced than any existing advanced artificial intelligence sys-
tems, including advanced artificial intelligence systems that
approach or achieve artificial general intelligence;
(2) analyzing the forecasted trajectory of advanced and
emerging artificial intelligence models and enabling tech-
nologies across multiple time horizons that could enable artifi-
cial general intelligence, including—
(A) current and emerging artificial intelligence models,
including frontier and world models;
(B) agentic algorithms;
(C) neuromorphic computing;
(D) cognitive science applications for the development
of artificial intelligence algorithms or models;
(E) infrastructure needs for infrastructure required to
support the deployment of new or emerging artificial intel-
ligence systems at a scale projected necessary for future
capacity;
(F) new or emerging microelectronics designs or
architectures; and
(G) such other technologies as the Steering Committee
determines appropriate;
(3) assess the possible technological, operational, and doc-
trinal trajectories of adversaries of the United States with
respect to the uses of artificial intelligence capabilities by such
adversaries across various time horizons, including any pursuit
or development by such adversaries of artificial general intel-
ligence;
(4) analyzing the potential operational effects of integrating
advanced or general purpose artificial intelligence into networks
and systems of the Department of Defense from a technical,
doctrinal, training, and resourcing perspective to better under-
stand and assess how use of such networks and systems by
the Department of Defense may affect future commanders of
operational commands;
(5) developing a strategy for the risk-informed adoption,
governance, and oversight of advanced or general purpose artifi-
cial intelligence by the Department, including—
(A) articulation of ethical, policy, and technical guard-
rails to maintain, to the extent practical, appropriate
human decision making in and prevent the misuse of such
advanced or general purpose artificial intelligence;
(B) an assessment of potential effects on commanders
of operational commands, including effects related to
maintaining oversight of mission command when using
artificial intelligence and the capability for humans to over-
ride artificial intelligence through technical, policy, or other
operational controls;
(C) broad resource requirements for artificial intel-
ligence, including funding, personnel, and infrastructure;
and
(D) measurable goals to support Department-level deci-
sion making on resourcing, programming and budgeting;
and
(6) analyzing the threat landscape associated with the use
of advanced artificial intelligence, including artificial general
intelligence, by adversaries of the United States and developing
S. 1071—449
options and counter-artificial intelligence strategies to defend
against such use.
(e) MEETING FREQUENCY.—The Steering Committee shall meet
not less frequently than once every three months.
(f) REPORT.—
(1) IN GENERAL.—Not later than January 31, 2027, the
Deputy Secretary of Defense shall submit to the congressional
defense committees a report on the findings of the Steering
Committee with respect to the matters described in subsection
(d).
(2) FORM OF REPORT.—The report submitted pursuant to
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.
(3) PUBLIC AVAILABILITY.—The Deputy Secretary of Defense
shall make available to the public the unclassified portion
of the report submitted pursuant to paragraph (1).
(g) SUNSET.—The requirements and authorities of this section
shall terminate on December 31, 2027.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘artificial intelligence’’ has the meaning given
such term in 238(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232;
10 U.S.C. note prec. 4061).
(2) The term ‘‘innovation ecosystem’’ means a regionally
based network of private sector, academic, and government
institutions in a network of formal and informal institutional
relationships that contribute to technological and economic
development in a defined technology sector or sectors.
Subtitle E—Reports and Other Matters
SEC.
1541.
MODIFICATION
TO
CERTIFICATION
REQUIREMENT
REGARDING CONTRACTING FOR MILITARY RECRUITING.
Section 1555 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 503 note) is
amended—
(1) in subsection (a), by striking ‘‘does not’’ and all that
follows through the end and inserting the following: ‘‘does not—
‘‘(1) rate or rank news or information sources for the factual
accuracy of their content;
‘‘(2) provide ratings or opinions on news or in formation
sources regarding misinformation, bias, adherence to journal-
istic standards, or ethics; or
‘‘(3) acquire or use any service that provides any ratings,
rankings, or opinions described in paragraph (1) or (2) from
any other person for military recruiting contracts.’’;
(2) by striking subsection (b) and redesignating subsection
(c) as subsection (b); and
(3) in subsection (c), as so redesignated, by striking ‘‘the
date’’ and all that follows through the period at the end and
inserting ‘‘December 31, 2030.’’.
S. 1071—450
SEC. 1542. AMENDMENT TO ANNUAL ASSESSMENTS AND REPORTS ON
ASSIGNMENT OF CERTAIN BUDGET CONTROL RESPONSI-
BILITY TO COMMANDER OF THE UNITED STATES CYBER
COMMAND.
Section 1558 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136
Stat. 2925) is amended—
(1) in subsection (a)(2)—
(A) by redesignating subparagraph (H) as subpara-
graph (I); and
(B) by inserting after subparagraph (G) the following
new subparagraph (H):
‘‘(H) A review of investments in artificial intelligence
capabilities, including an assessment of the alignment of
such investments with the milestones of the roadmap
required by section 1554(a) and the current and planned
uses of such capabilities by the Department of Defense.’’;
and
(2) in subsection (b)—
(A) by striking ‘‘2028’’ and inserting ‘‘2030’’; and
(B) by inserting ‘‘and briefing’’ after ‘‘a report’’.
SEC. 1543. STUDY ON REDUCING INCENTIVES FOR CYBER ATTACKS
ON
DEFENSE
CRITICAL
INFRASTRUCTURE
OF
THE
UNITED STATES.
(a) IN GENERAL.—The Secretary of Defense, acting through
the Under Secretary of Defense for Policy and the Chairman of
the Joint Chiefs of Staff and in consultation with appropriate Fed-
eral entities, shall conduct a study on the use of military capabilities
to increase the costs of, and consequently reduce the incentives
of adversaries for, targeting defense critical infrastructure in cyber-
space.
(b) STUDY REQUIREMENTS.—The study required by subsection
(a) shall include the following:
(1) An assessment of the cyber capabilities and intent of
adversaries regarding attacks against defense critical infra-
structure.
(2) An identification of the cyber capabilities of adversaries
upon which the use of military capabilities considered by such
study would seek to impose costs.
(3) A classification and prioritization of objectives that are
relevant to the military to impose costs.
(4) An assessment of the capabilities of and investments
by the Department of Defense that would be required to create
desired effects against the objectives described in paragraph
(3).
(5) An evaluation of the roles and relative effectiveness
of military capabilities, including offensive cyber operations,
both independent and integrated with other military capabili-
ties and non-cyber measures, in credibly and in a scalable
manner reducing the incentives of, by increasing the costs
to, adversaries to target defense critical infrastructure in cyber-
space.
(6) An evaluation of methodologies specific to cyber for
selectively revealing or concealing cyber and non-cyber military
capabilities while preserving operational security.
S. 1071—451
(7) The feasibility, advisability, and potential uses of the
integrating capabilities of Federal agencies other than the
Department of Defense, allies and partners of the United
States, industry, and academia with the capabilities of the
Department in efforts to increase the costs to adversaries to,
and consequently reduce the incentives of adversaries, to target
defense critical infrastructure in cyberspace.
(8) An assessment of the policies and authorities in effect
with respect to threatening the assets, forces, or capabilities
of adversaries and enabling scalable and tailored response
options to cyber attacks or preposturing for future attacks
on defense critical infrastructure.
(c) BRIEFING AND REPORT.—Not later than December 1, 2026,
the Secretary of Defense shall—
(1) provide to the congressional defense committees a
briefing on the findings of the study required by subsection
(a); and
(2) submit to the congressional defense committees a report
on the findings of such study.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘defense critical infrastructure’’ has the
meaning given the term ‘‘critical infrastructure of the Depart-
ment of Defense’’ in section 1650(e) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328;
10 U.S.C. 2224 note).
(2) The term ‘‘impose costs’’ means actions taken against
an adversary of the United States that result in economic,
diplomatic, informational, or military consequences that are
sufficiently significant to change the behavior or assessment
of such adversary regarding cyberspace operations against the
United States.
SEC. 1544. INTEGRATION OF RESERVE COMPONENT INTO CYBER MIS-
SION FORCE.
(a) STUDY ON FORCE PRESENTATION, FORCE GENERATION, AND
FORCE EMPLOYMENT OF THE RESERVE COMPONENT INTO THE CYBER
MISSION FORCE.—
(1) STUDY REQUIRED.—Not later than October 1, 2026, the
Secretary of Defense shall carry out a study on the appropriate
framework for structuring and organizing, including training
and preparing, the reserve component personnel and units to
be employed within the Cyber Mission Force for cyberspace
operations.
(2) ELEMENTS.—The study required under paragraph (1)
shall include the following:
(A) An analysis of the types of cyberspace operations
and missions of the Cyber Mission Force that will maximize
the use of the expertise, unique authorities, local industry
expertise, and academic partnerships of reserve compo-
nents, including methods to identify skills and com-
petencies relevant to carrying out such operations and types
of missions that are developed through civilian career
experience and that are not part of primary military
occupational specialties.
(B) An evaluation of optimal structures and organiza-
tions for integrating reserve component personnel and units
into operational employment of cyber capabilities within
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the Cyber Mission Force, including consideration of oper-
ational models under which reserve component personnel
are activated on an individual basis to perform cyber oper-
ations rather than activation on a unit basis.
(C) An identification of the billets, resources, and sup-
port infrastructure needed to satisfy the structures and
organizations evaluated under subparagraph (B).
(D) An explanation of the skills and training required
to employ reserve component personnel in the organizations
or structures evaluated under subparagraph (B), how the
Secretaries of the military departments and Commander
of the United States Cyber Command will conduct such
training, including methods to leverage unique skills pos-
sessed by reserve component personnel through civilian
career experience, and how the Commander will evaluate
and assure parity in force capabilities between reserve
component and active component cyber forces.
(E) An evaluation of the existing barriers to integrating
reserve components into the Cyber Mission Force in support
of cyberspace operations and an assessment of options to
mitigate such barriers, including recommended policies or
legislation with respect to paragraphs (A) through (D).
(F) Such other matters as the Secretary of Defense
considers appropriate.
(b) REPORT.—Not later than 30 days after the date on which
the Secretary of Defense completes the study required by subsection
(a), the Secretary of Defense shall provide to the congressional
defense committees a report on the findings of such study, including
elements under paragraph (2) of such subsection and any rec-
ommendations on the organization or structure of reserve compo-
nent personnel and units resulting from such study.
SEC. 1545. ANNUAL REPORT ON MISSION ASSURANCE COORDINATION
BOARD ACTIVITIES.
(a) ANNUAL REPORT REQUIRED.—Not later than December 1,
2026, and annually thereafter until December 1, 2031, the co-
chairs of the Mission Assurance Coordination Board shall jointly
provide to the congressional defense committees a report on the
activities of the Board during the one-year period preceding the
submission of the report.
(b) REPORT ELEMENTS.—Each annual report required by sub-
section (a) shall include the following:
(1) An identification of each covered assessment conducted
during the period covered the report, including the entity con-
ducting the assessment and key findings of the assessment.
(2) A detailed explanation of each covered assessments
described in paragraph (1) resulting in the identification of
risks categorized as high or significant, including recommenda-
tions for measures to mitigate such risks and an explanation
of the resources required to implement such measures.
(3) An identification of any cybersecurity risks affecting
multiple systems or organizations of the Department of Defense
identified by a covered assessment described in paragraph (1).
(4) An assessment of the cybersecurity posture of the oper-
ational technology, industrial control systems, and base infra-
structure of the Department of Defense, including an identifica-
tion of vulnerabilities in legacy systems of the Department
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and the integrity of the segmentation of the network of the
Department, and any associated recommended activities to
remediate cybersecurity risks identified by such assessment.
(5) A description of the status of the cyber resilience and
recovery capabilities of the Department of Defense for physical
infrastructure systems and the dependencies of such systems,
including an assessment of the power generation and distribu-
tion systems, water treatment facilities, HVAC controls, and
physical security systems of the Department, and any associ-
ated recommended activities to remediate cybersecurity and
physical security risk identified by a covered assessment
described in paragraph (1).
(6) Independent input from the commanders of military
installation on the potential effects on readiness of any
vulnerabilities identified pursuant paragraphs (1), (2). or (3).
(7) Recommendations for incorporating recommendations
identified in paragraph (5) for efforts to mitigate any identified
cybersecurity risks identified under paragraph (3) into ongoing
exercises of the Department of Defense to support remediation
of any such cybersecurity risks.
(8) A method of tracking the progress of the Department
of Defense in closing any risks identified in an assessment
identified under paragraph (1) that are categorized as high
or significant across the period of the most recent future-years
defense program submitted to Congress under section 221 of
title 10, United States Code, including the use of visualization
tools or dashboard.
(9) Any recommendations for changes to critical nodes or
assets identified pursuant to an assessment identified under
paragraph (1), or changes to the risk level or priority of such
nodes or assets.
(c) DEFINITIONS.—In this section—
(1) the term ‘‘covered assessment’’ means an assessment
required by, and reviewed by the Board pursuant to, Depart-
ment of Defense Instruction 3020.45 (or any successor instruc-
tion); and
(2) the terms ‘‘Board’’ and ‘‘Mission Assurance Coordination
Board’’ mean the Mission Assurance Coordination Board estab-
lished pursuant to Department of Defense Instruction 3020.45
(or any successor instruction), or any successor organization.
SEC. 1546. LIMITATION ON THE DIVESTMENT, CONSOLIDATION, AND
CURTAILMENT OF CERTAIN ELECTRONIC WARFARE TEST
AND EVALUATION ACTIVITIES.
(a) PROHIBITION.—The Secretary of the Army shall not take
any action to divest, consolidate, or curtail any electronic warfare
test and evaluation activities that were part of an Army element
of the Major Range and Test Facility Base on or before the date
of the enactment of this Act until the Secretary submits to the
congressional defense committees the report described in subsection
(b).
(b) REPORT.—The report described in this subsection is a report
on a decision of the Secretary to divest, consolidate, or curtail
an electronic warfare test or evaluation activity described in sub-
section (a) that contains the following:
(1) A description of the analytic basis used by the Secretary
for making the decision, including matters relating to any cost,
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workload, and workforce requirements, as well as any analysis
relating to operational impact on users of the activities.
(2) The findings from an independent review by the Director
of the Office of Cost Assessment and Program Evaluation of
all analyses described in paragraph (1).
(3) A certification by the Director of the Test Resource
Management Center that the analyses described in paragraph
(1) and the decision of the Secretary meet the requirement
of the Department of Defense, as required by section
4173(c)(1)(B) of title 10, United States Code.
TITLE XVI—SPACE ACTIVITIES, STRA-
TEGIC
PROGRAMS,
AND
INTEL-
LIGENCE MATTERS
TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Acquisition career path in the Space Force.
Sec. 1602. Noise mitigation regarding space launches.
Sec. 1603. Acquisition and operation of space systems for space warfighting and
control.
Sec. 1604. Use of middle tier acquisition program for proliferated warfighter space
architecture of Space Development Agency.
Sec. 1605. Rocket cargo test and demonstration.
Sec. 1606. Continuation of operation of Defense Meteorological Satellite Program.
Sec. 1607. Study on establishing a tactical surveillance, reconnaissance, and track-
ing program of record.
Sec. 1608. Spaceport of the Future initiative and study on future space launch ca-
pacity.
Sec. 1609. Auxiliary payload for Next Generation Polar Overhead Persistent Infra-
red satellites.
Sec. 1610. Blast damage assessment guide for space vehicles at Air Force launch
complexes.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Vendor support to clandestine activities.
Sec. 1622. Sensitive activities of the Department of Defense.
Sec. 1623. Codification of Department of Defense insider threat program.
Sec. 1624. Provision by Air Force of meteorological services for intelligence commu-
nity.
Sec. 1625. Annual report on requests of combatant commands for remote sensing
data.
Sec. 1626. Review and evaluation of extension of inactive security clearances.
Subtitle C—Nuclear Forces
Sec. 1631. Adjustment to responsibilities of Nuclear Weapons Council.
Sec. 1632. Prohibition on reduction of intercontinental ballistic missiles of the
United States.
Sec. 1633. Matters relating to the nuclear-armed, sea-launched cruise missile.
Sec. 1634. Adjustment to bomber aircraft nuclear certification requirement.
Sec. 1635. Organizational realignment with respect to Office of the Assistant Sec-
retary of Defense for Nuclear Deterrence, Chemical and Biological De-
fense Policy and Programs; limitation on availability of certain funds.
Sec. 1636. Matters relating to intercontinental ballistic missiles of the United
States.
Sec. 1637. Deep cleaning of launch control centers of the Air Force Global Strike
Command.
Sec. 1638. Limitation on availability of funds pending notification of tasking au-
thority delegation.
Sec. 1639. Limitation on availability of funds pending commencement of annual
briefings on implementation of recommendations by the Congressional
Commission on the Strategic Posture of the United States.
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Sec. 1640. Limitation on availability of funds for compensation caps.
Sec. 1641. Strategy to sustain Minuteman III intercontinental ballistic missile and
maximize end-of-life margin.
Sec. 1642. Matters relating to Air Force Global Strike Command.
Subtitle D—Missile Defense Programs
Sec. 1651. Modification to national missile defense policy to reflect Golden Dome
for America policy.
Sec. 1652. Golden Dome missile defense system.
Sec. 1653. Amendments to technical authority of Director of Missile Defense Agen-
cy regarding integrated air and missile defense activities and programs.
Sec. 1654. Prohibition on privatized or subscription-based missile defense intercept
capabilities.
Sec. 1655. Matters related to integrated air and missile defense capabilities to de-
fend Guam.
Sec. 1656. Design and construction of missile instrumentation range safety vessels.
Sec. 1657. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1658. Limitation on authority to reduce sustainment for or halt operation of
the AN/FPS–108 COBRA DANE radar.
Sec. 1659. Limitation on availability of funds pending independent analysis of
space-based missile defense capability.
Sec. 1660. Assessment of the Ronald Reagan Ballistic Missile Defense Test Site.
Sec. 1661. Biennial assessments of the Ronald Reagan Ballistic Missile Defense
Test Site.
Subtitle E—Matters Relating to Unidentified Anomalous Phenomena
Sec. 1671. Briefings on intercepts of unidentified anomalous phenomena by North
American Aerospace Defense Command and United States Northern
Command.
Sec. 1672. Elimination of duplicative reporting requirements relating to unidenti-
fied anomalous phenomena.
Sec. 1673. Accounting of security classification guides relating to unidentified
anomalous phenomena.
Subtitle F—Matters Relating to Electromagnetic Warfare
Sec. 1681. Modification of functions of Electromagnetic Spectrum Enterprise Oper-
ational Lead for Joint Electromagnetic Spectrum Operations to include
dynamic spectrum sharing technologies.
Sec. 1682. Integration of electronic warfare into Tier 1 and Tier 2 joint training ex-
ercises.
Sec. 1683. Annual review of the Joint Electromagnetic Battle Management Soft-
ware Program.
Sec. 1684. Support by the 350th Spectrum Warfare Wing to EA–37B Compass Call
aircraft.
Subtitle G—Other Matters
Sec. 1691. Cooperative threat reduction funds.
Sec. 1692. Prohibition on access to Department of Defense cloud-based resources by
certain individuals.
Subtitle A—Space Activities
SEC. 1601. ACQUISITION CAREER PATH IN THE SPACE FORCE.
(a) ASSIGNMENT AFTER INITIAL OFFICER TRAINING.—Chapter
908 of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 9088. Duty assignments after officer training course
‘‘(a) REQUIREMENT.—The Secretary of the Air Force shall ensure
that members of the Space Force who complete an initial Space
Force officer training course are assigned—
‘‘(1) in a manner that sustains acquisition billet manning
levels comparably to operational billet manning levels; and
‘‘(2) to Space Force billets allocated to the National Recon-
naissance Office at a manning level that is sufficient to main-
tain effective operation of the National Reconnaissance Office.
S. 1071—456
‘‘(b) REPORT.—Not later than 60 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2026, and not later than October 31 of each year through
2030, the Secretary of the Air Force shall submit to the Committees
on Armed Forces of the Senate and the House of Representatives
a report describing—
‘‘(1) the number and percentage of authorized and assigned
Space Force officer billets, by grade and year group, within—
‘‘(A) acquisition career fields; and
‘‘(B) operational career fields;
‘‘(2) the manning rate for junior officer billets of the Space
Force, disaggregated by career field and organization, including
the National Reconnaissance Office;
‘‘(3) any identified shortfalls or imbalances in acquisition
manning relative to operational manning in the Space Force;
and
‘‘(4) actions taken or planned to achieve and sustain com-
parable manning levels for billets in acquisition and operations
for Space Force officers.’’.
(b) PROGRAM EXECUTIVE OFFICER FOR ASSURED ACCESS.—Such
chapter 908 is further amended by adding at the end the following
new section:
‘‘§ 9089. Program Executive Officer for Assured Access to
Space
‘‘(a) ESTABLISHMENT.—(1) There is a Program Executive Officer
for Assured Access to Space within the Space Force.
‘‘(2) The Program Executive Officer for Assured Access to Space
shall serve a term of four years.
‘‘(b) GRADE.—The Program Executive Officer for Assured Access
to Space, while so serving, shall have the grade of brigadier general,
major general, lieutenant general, or general.
‘‘(c) ADDITIONAL DUTIES.—The Program Executive Officer for
Assured Access to Space, while serving as the Program Executive
Officer, shall also serve as the Commander of Space Launch Delta
45.’’.
(c) TRAINING REQUIREMENTS.—
(1) IN GENERAL.—Chapter 951 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 9421. Space Force officer training course requirements
‘‘The Secretary of the Air Force shall ensure that—
‘‘(1) the initial Space Force officer training course provides
foundational instruction in acquisition management, space mis-
sion integration, and related disciplines; and
‘‘(2) the curriculum for such course is developed by the
Commander of Space Training and Readiness Command, in
coordination with the Assistant Secretary of the Air Force
for Space Acquisition and Integration and the Director of
Acquisition Career Management.’’.
(2) BRIEFINGS.—Not later than 60 days after the date of
enactment of this Act, and quarterly thereafter until the
completion of the implementation of section 9421 of title 10,
United States Code, as added by paragraph (1), the Secretary
of the Air Force shall brief the Committees on Armed Services
of the House of Representatives and the Senate on the status
S. 1071—457
of the implementation of such section, including the develop-
ment of the curriculum required by such section.
(d) PROMOTION REQUIREMENTS.—
(1) REGULATIONS
REQUIRED.—Subchapter III of chapter
2005 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 20244. Eligibility for consideration for promotion: duty
assignments
‘‘(a) REGULATIONS.—The Secretary of the Air Force shall pre-
scribe regulations to ensure that an officer on the Space Force
officer list is not considered for promotion to the grade of brigadier
general unless the officer has completed—
‘‘(1) a duty assignment with a command or other organiza-
tion that has responsibility for acquisition matters; and
‘‘(2) a duty assignment with a command or other organiza-
tion that has responsibility for operations.
‘‘(b) IMPLEMENTATION DATE.—(1) The Secretary of the Air Force
shall prescribe the regulations required under subsection (a) not
later than one year after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2026; and
‘‘(2) The regulations required under subsection (a) shall apply
to officers considered for promotion to brigadier general on or after
January 1, 2035.’’.
(2) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary of the Air Force shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing the regu-
lations required under section 20244(a) of title 10, United States
Code, as added by paragraph (1) of this subsection.
(e) REPORTS.—Part I of subtitle F of title 10, United States
Code, is amended by adding at the end the following new chapter:
‘‘CHAPTER 2015—REPORTS
‘‘Sec.
‘‘20701. Promotion rates.
‘‘20702. Modifications to career fields and codes.
‘‘§ 20701. Promotion rates
‘‘Not later than December 31 of each year, the Secretary of
the Air Force shall submit to the Committees on Armed Forces
of the Senate and the House of Representatives a report on the
promotion rates of members of the Space Force for the preceding
fiscal year. Such report shall include—
‘‘(1) the number of and percentage of members of the Space
Force in each grade selected for promotion;
‘‘(2) the number of and percentage of members of the Space
Force in each career specialty track selected for promotion;
and
‘‘(3) the number of members of the Space Force who were
selected for promotion to the grade of brigadier general, major
general, lieutenant general, or general, disaggregated by career
specialty track.
‘‘§ 20702. Modifications to career fields and codes
‘‘Not later than 60 days before the date on which a change
is made to the career fields or mission occupational specialty codes
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for the Space Force, the Secretary of the Air Force shall submit
to the Committees on Armed Forces of the Senate and the House
of Representatives a report that includes—
‘‘(1) a description of the changes intended to be made
to such career fields or mission occupational specialty codes;
and
‘‘(2) the plan of the Secretary to maintain the Space Force
competencies and comply with requirements in law with respect
to Space Force career fields and duty assignments.’’.
SEC. 1602. NOISE MITIGATION REGARDING SPACE LAUNCHES.
Section 2276a of title 10, United States Code, is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new sub-
section:
‘‘(c) NOISE MITIGATION AT SPACE FORCE LAUNCH SITES.—In
providing space launch support services to a commercial entity,
the Secretary of the Air Force shall coordinate with the entity
to—
‘‘(1) study the noise caused by launches at launch sites
of the Space Force; and
‘‘(2) identify potential technologies and procedures to miti-
gate such noise to the extent practicable.’’.
SEC. 1603. ACQUISITION AND OPERATION OF SPACE SYSTEMS FOR
SPACE WARFIGHTING AND CONTROL.
Chapter 135 of title 10, United States Code, is amended by
inserting after section 2275c the following new section:
‘‘§ 2275d. Acquisition and operation of space systems for
space warfighting and control
‘‘(a) REQUIREMENT.—The Secretary of Defense shall acquire
and operate space systems to be used primarily for space
warfighting and control to meet the requirements specified by one
or more combatant commanders in carrying out the responsibilities
set forth in section 164 of this title.
‘‘(b) ROLE OF COMMERCIAL SPACE SYSTEMS.—The Secretary may
use one or more commercial space systems to augment the space
systems acquired and operated under subsection (a) if such commer-
cial space systems are under the direction of a member of the
armed forces with responsibility for space warfighting and control
operations.
‘‘(c) NATIONAL SECURITY WAIVER.—(1) The Secretary may waive
the application of subsection (a) if the Secretary determines that
such a waiver is in the national security interest of the United
States.
‘‘(2) Not later than 10 days after exercising the waiver authority
under paragraph (1), the Secretary shall submit to the congressional
defense committees a notification of the use of such authority that
includes—
‘‘(A) a description of the national security interest upon
which the exercise of such authority is based;
‘‘(B) the anticipated vulnerabilities to national security
posed by the use of such waiver;
‘‘(C) identification of which operational commander will
provide direction to the commercial space system that is used
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pursuant to the waiver instead of a system acquired and oper-
ated by the Secretary; and
‘‘(D) the anticipated duration of such waiver.’’.
SEC. 1604. USE OF MIDDLE TIER ACQUISITION PROGRAM FOR PRO-
LIFERATED WARFIGHTER SPACE ARCHITECTURE OF
SPACE DEVELOPMENT AGENCY.
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 by adding at the end the following new paragraphs:
‘‘(4) Tranche 4.
‘‘(5) Tranche 5.
‘‘(6) Tranche 6.’’.
SEC. 1605. ROCKET CARGO TEST AND DEMONSTRATION.
(a) REQUIREMENT.—Except as provided by subsection (b), the
Secretary of the Air Force shall use the test sites and ranges
of the Department of Defense that exist as of the date of the
enactment of this Act for any test or demonstrations required
by the Rocket Cargo Program.
(b) WAIVER.—The Secretary may waive the requirement in
subsection (a) if—
(1) the Secretary determines that none of the test sites
and ranges of the Department of Defense that exist as of
the date of the enactment of this Act meet the needs of the
Rocket Cargo Program; and
(2) not later than 30 days after the date of such determina-
tion, the Secretary notifies the congressional defense commit-
tees in writing of such determination and includes—
(A) the requirements of the test or demonstration that
cannot be met at an existing site or range;
(B) the proposed alternative site chosen to conduct
the test or demonstration;
(C) the estimated cost to conduct the test or demonstra-
tion, including infrastructure improvement and equipment
relocation costs, to use the alternative site; and
(D) any departmental or interagency reviews or
approvals that are required to be completed before the
Secretary may use the alternative site.
SEC. 1606. CONTINUATION OF OPERATION OF DEFENSE METEOROLOG-
ICAL SATELLITE PROGRAM.
The Secretary of Defense shall continue to operate the Defense
Meteorological Satellite Program, and its existing functions and
distribution capability, until the end of the functional life of the
satellites in orbit as of the date of the enactment of this Act
under such program.
SEC. 1607. STUDY ON ESTABLISHING A TACTICAL SURVEILLANCE,
RECONNAISSANCE,
AND
TRACKING
PROGRAM
OF
RECORD.
(a) STUDY.—The Secretary of the Air Force, in coordination
with the Under Secretary of Defense for Intelligence and Security,
shall conduct a study on the feasibility and advisability of estab-
lishing a program of record for tactical surveillance, reconnaissance,
and tracking capabilities within the Department of Defense.
(b) SCOPE.—The study under subsection (a) shall—
S. 1071—460
(1) assess operational and technical requirements for tac-
tical surveillance, reconnaissance, and tracking capabilities
across the joint force, including requirements identified by the
combatant commands;
(2) evaluate options for organizational placement of such
a program within the Department of Defense;
(3) develop recommended acquisition and management
approaches;
(4) consider applicable intelligence oversight, legal, and
policy regulations relevant to the collection, retention, and
dissemination of information; and
(5) provide funding profile options and estimated resource
requirements to establish and sustain such a program.
(c) COORDINATION.—In conducting the study under subsection
(a), the Secretary—
(1) shall coordinate with the Under Secretary of Defense
for Acquisition and Sustainment, the Chairman of the Joint
Chiefs of Staff, and commanders of the combatant commands;
and
(2) may receive support from other elements of the Depart-
ment or federally funded research and development centers
as the Secretary determines appropriate.
(d) REPORT.—Not later than July 31, 2026, the Secretary shall
submit to the congressional defense committees a report, and shall
provide a briefing on, the findings and recommendations of the
study under subsection (a).
(e) AUTHORITY TO ESTABLISH.—The Secretary may establish
a program of record for tactical surveillance, reconnaissance, and
tracking capabilities within the Department of Defense if—
(1) the Secretary determines in the study under subsection
(a) that such establishment is advisable and feasible; and
(2) a period of 90 days elapses following the date on which
the Secretary submits the report under subsection (d); and
(3) after such 90-day period, the Secretary notifies the
congressional defense committees of carrying out this sub-
section.
(f) TACTICAL SURVEILLANCE, RECONNAISSANCE, AND TRACKING
CAPABILITIES DEFINED.—In this section, the term ‘‘tactical surveil-
lance, reconnaissance, and tracking capabilities’’ means the capabili-
ties provided under the pilot program carried out by the Space
Force to use commercial data and analytics to provide surveillance,
reconnaissance, and tracking information to the combatant com-
mands.
SEC. 1608. SPACEPORT OF THE FUTURE INITIATIVE AND STUDY ON
FUTURE SPACE LAUNCH CAPACITY.
(a) STUDY.—
(1) REQUIREMENT.—The Secretary of the Air Force shall
conduct a study, as part of the Spaceport of the Future initia-
tive, to—
(A) assess the operational capacity, infrastructure, and
long-term sustainability of space launch sites at Cape
Canaveral Space Force Station, Florida, and Vandenberg
Space Force Base, California, including with respect to
heavy and super heavy launches from such sites;
(B) evaluate the suitability of such sites for ongoing
and future missions;
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(C) explore alternate launch locations that may offer
advantages in mission efficiency, cost-effectiveness, or stra-
tegic value; and
(D) assess the feasibility of incorporating other active
spaceports into the national security launch infrastructure
of the Department of Defense.
(2) ELEMENTS.—The study under paragraph (1) shall
include the following:
(A) An analysis of the current capacity and use of
the launch sites (as of the date of the study) at Cape
Canaveral Space Force Station and Vandenberg Space
Force Base, including with respect to existing infrastruc-
ture, launch frequencies, and operational efficiency.
(B) A detailed evaluation of the infrastructure at Cape
Canaveral Space Force Station and Vandenberg Space
Force Base, including with respect to transportation access,
environmental considerations, safety protocols, the ade-
quacy of current facilities (as of the date of the study),
and the estimated costs of maintaining and upgrading such
infrastructure.
(C) A review of environmental regulations, policies,
and potential effects relating to space launches at Cape
Canaveral Space Force Station and Vandenberg Space
Force Base, including any limitations or challenges imposed
by Federal, State, or local regulations and an evaluation
of potential strategies to mitigate adverse environmental
effects.
(D) A comparative analysis of alternate locations for
space launches, including sites on Federal lands, private
land partnerships, and locations outside the continental
United States, taking into account—
(i) geographic and orbital dynamic considerations;
and
(ii) environmental, logistical, and regulatory fac-
tors that may make alternate locations viable or advan-
tageous, including cost comparisons and potential chal-
lenges in establishing infrastructure at such locations.
(E) An examination of the manner in which Cape
Canaveral Space Force Station, Vandenberg Space Force
Base, and any potential alternate locations align with
national defense and space exploration goals, including
with respect to launch site proximity to key orbital paths,
security considerations, and redundancy for critical mis-
sions.
(F) An exploration of the manner in which advance-
ments in space launch technology, including with respect
to reusable launch vehicles and space traffic management,
could influence the future demand and operational needs
for space launch sites.
(G) An assessment of any innovative technologies that
could enhance the capacity or reduce the environmental
impact of existing or alternate space launch sites.
(H) A financial analysis of the long-term costs associ-
ated with the use and maintenance of Cape Canaveral
Space Force Station and Vandenberg Space Force Base
for space launches, and the estimated costs for establishing
and operating alternative space launch sites, including
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considerations applicable to Government funding, private
sector partnerships, and cost-sharing models.
(I) An assessment of additional funding required to
implement the Spaceport of the Future initiative, including
the status, estimated completion dates, and total cost of
projects, whether at Federal, State, or commercial space
launch facilities.
(J) Identification of other coastal locations throughout
the continental United States that would be suitable for
development to expand national security launch infrastruc-
ture.
(K) A review of Federal authorities, policies, and stat-
utes that may inhibit expansion of launch infrastructure
at existing Department of Defense launch sites.
(3) CONSULTATION.—The Secretary shall carry out the
study under paragraph (1) in consultation with relevant stake-
holders, including commercial space industry representatives,
environmental agencies, and local governments.
(b) REPORT.—
(1) INITIAL REPORT.—Not later than March 31, 2026, the
Secretary shall submit to the congressional defense committees
a report on the findings of the study under subsection (a).
(2) ELEMENTS.—The report under paragraph (1) shall
include—
(A) recommendations on the future use of space launch
sites at Cape Canaveral Space Force Station, Vandenberg
Space Force Base, and alternate locations;
(B) a summary of findings and recommendations on
the continued use of Cape Canaveral Space Force Station
and Vandenberg Space Force Base for space launches;
(C) a detailed analysis of alternate launch sites,
including with respect to strategic, operational, and finan-
cial considerations;
(D) policy recommendations for addressing infrastruc-
ture needs, environmental concerns, and regulatory chal-
lenges for space launch operations; and
(E) a summary of the status, estimated completion
dates, total cost, and funding required for projects under
the Spaceport of the Future initiative.
(3) ANNUAL UPDATES.—Not later than March 31 of each
of 2027 through 2031, the Secretary shall submit to the congres-
sional defense committees on the Spaceport of the Future initia-
tive, including with respect to project status, estimated comple-
tion dates, total costs, and any updated assessments of funding
or infrastructure needs.
SEC. 1609. AUXILIARY PAYLOAD FOR NEXT GENERATION POLAR OVER-
HEAD PERSISTENT INFRARED SATELLITES.
(a) REVISED ACQUISITION STRATEGY.—The Secretary of the
Defense shall direct the milestone decision authority for the Next
Generation Polar Overhead Persistent Infrared satellite program
to revise the acquisition strategy for such program to include the
auxiliary payload (commonly referred to ‘‘APS–A’’) in the program
of record.
(b) DEFINITIONS.—In this section:
S. 1071—463
(1) The term ‘‘acquisition strategy’’ means the acquisition
strategy required under section 4211 of title 10, United States
Code.
(2) The term ‘‘milestone decision authority’’ have the
meaning given that term in section 4211 of title 10, United
States Code.
SEC. 1610. BLAST DAMAGE ASSESSMENT GUIDE FOR SPACE VEHICLES
AT AIR FORCE LAUNCH COMPLEXES.
(a) REQUIREMENT.—Not later than one year after the date
of the enactment of this Act, the Secretary of the Air Force shall
publish a liquid oxygen and methane blast damage assessment
guide for space launch vehicles at Air Force launch complexes.
(b) NOTICE AND BRIEFING.—Not later than 30 days after the
date on which the Secretary publishes the assessment guide under
subsection (a), the Secretary shall—
(1) notify the congressional defense committees of such
publication; and
(2) provide the congressional defense committees with a
briefing on the contents of the assessment guide.
(c) WAIVER.—
(1) AUTHORITY.—The Secretary may waive the one-year
publication timeline under subsection (a) for national security
purposes, or if the Secretary determines that such timeline
is impractical, if the Secretary notifies the congressional defense
committees with respect to an alternate date on which the
publication shall occur.
(2) LIMITATION.—The Secretary may exercise the waiver
authority under paragraph (1) not more than once.
Subtitle B—Defense Intelligence and
Intelligence-Related Activities
SEC. 1621. VENDOR SUPPORT TO CLANDESTINE ACTIVITIES.
(a) IN GENERAL.—Subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 430e. Vendor support to clandestine activities
‘‘(a) OVERSIGHT, DECONFLICTION, AND RISK ASSESSMENT CAPA-
BILITY.—The Secretary of Defense shall establish, maintain,
continuously update, and use a secure, centralized technical capa-
bility to facilitate oversight, deconfliction, and risk assessments
of all commercial vendor support to the Department of Defense
for clandestine activities. Such capability shall—
‘‘(1) enable the Department of Defense to perform oversight,
deconfliction, and risk assessments of past, ongoing, or planned
clandestine activity involving support from commercial vendors,
including all subcontractors; and
‘‘(2) include use of the minimum information required to—
‘‘(A) identify potential conflicts between clandestine
activities;
‘‘(B) identify the need for additional coordination with
respect to clandestine activities; and
‘‘(C) conduct aggregate risk assessments of clandestine
activities involving support from commercial vendors; and
S. 1071—464
‘‘(b) EXCLUSIONS.—(1) Notwithstanding subsection (a), if the
Secretary of Defense determines that information concerning a
commercial vendor should not be used by the centralized technical
capability required by subsection (a) due to operational, counter-
intelligence, or other national security concerns, the Secretary may
exclude such information from use by such centralized technical
capability.
‘‘(2) Not later than 7 days after making a determination under
paragraph (1), the Secretary shall submit to the congressional
defense committees, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives notice of the determination that
includes the following information disaggregated by the element
of the Department of Defense with respect to which such commercial
vendor provides support:
‘‘(A) The number of commercial vendors with respect to
which the Secretary made the determination under paragraph
(1).
‘‘(B) A description of the types of activities supported by
such commercial vendors.
‘‘(C) The rationale for excluding the information concerning
such commercial vendors from such capability.
‘‘(c) DECONFLICTION.—The Secretary of Defense shall ensure
the centralized technical capability required by subsection (a) is
used in each case where a commercial vendor is expected to provide
support to a clandestine activity to—
‘‘(1) deconflict the use of commercial vendors in support
of clandestine activities of the Department of Defense; and
‘‘(2) assess operational risk and counterintelligence expo-
sure attributable to the use of commercial vendors in support
of clandestine activities of the Department of Defense.
‘‘(d) CLANDESTINE ACTIVITY DEFINED.—In this section, the term
‘clandestine activity’ means any activity where it is intended that
the role of the United States Government will not be apparent
or acknowledged publicly.’’.
(b) IMPLEMENTATION DEADLINE AND REPORTS.—
(1) IMPLEMENTATION DEADLINE AND CERTIFICATION.—Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall—
(A) implement the requirements of section 430e of title
10, United States Code, as added by subsection (a) of
this section; and
(B) submit to the congressional defense committees,
the Select Committee on Intelligence of the Senate, and
the Permanent Select Committee on Intelligence of the
House of Representatives a certification that such require-
ments have been implemented.
(2) SUBMISSION OF PLAN.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall—
(A) submit to the committees described in paragraph
(1)(B) a report containing the plan to implement the
requirements of such section 430e; and
(B) provide to such committees a briefing with respect
to such plan.
(3) PROGRESS REPORT.—Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
S. 1071—465
shall provide to the committees described in paragraph (1)(B)
a briefing describing the progress of the Secretary towards
implementing the requirements of such section 430e.
SEC. 1622. SENSITIVE ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) OVERSIGHT OF DEPARTMENT OF DEFENSE SENSITIVE ACTIVI-
TIES.—Chapter 3 of title 10, United States Code, is amended by
inserting after section 130f the following new section:
‘‘§ 130g. Oversight of sensitive activities of the Department
of Defense.
‘‘(a) REQUIREMENT.—The Secretary of Defense shall keep the
congressional defense committees fully and currently informed of
Department of Defense sensitive activities.
‘‘(b) NOTIFICATION.—In addition to the requirement under sub-
section (a), the Secretary shall submit to the congressional defense
committees a written notification of any compromise or failure
of a sensitive activity of the Department of Defense by not later
than 48 hours after the date on which the Secretary determines
that such a compromise or failure has occurred.
‘‘(c) PROCEDURES.—The Secretary, in consultation with the
congressional defense committees, shall establish and submit to
such committees procedures for complying with the requirements
of subsections (a) and (b), including clearly established reporting
thresholds and timelines for the prompt delivery of written notifica-
tions consistent with the national security of the United States
and the protection of operational security. The Secretary shall
promptly notify the congressional defense committees in writing
of any changes to such procedures at least 14 days prior to the
adoption of any such changes.
‘‘(d) SENSITIVE ACTIVITIES DEFINED.—In this section, the term
‘Department of Defense sensitive activities’ means operations,
actions, activities, or programs of the Department of Defense that
if compromised, could have enduring adverse effects on United
States foreign policy, Department of Defense activities, or military
operations, or cause significant embarrassment to the United States,
its allies, or the Department of Defense. Such activities are gen-
erally handled through special access, compartmented, or other
sensitive control mechanisms.’’.
(b) APPLICATION OF NOTIFICATIONS.—The Secretary of Defense
shall—
(1) not later than 180 days after the date of the enactment
of this Act, establish the procedures under subsection (c) of
section 130g of title 10, United States Code, as added by sub-
section (a) of this section; and
(2) not later than 90 days after the date of such establish-
ment, begin making notifications under subsection (b) of such
section 130g.
SEC. 1623. CODIFICATION OF DEPARTMENT OF DEFENSE INSIDER
THREAT PROGRAM.
(a) TRANSFER TO TITLE 10.—Chapter 131 of title 10, United
States Code, is amended by inserting after section 2224a a new
section 2225 consisting of—
(1) a heading as follows:
S. 1071—466
‘‘§ 2225. Insider threat detection’’; and
(2) a text consisting of the text of subsections (a) and
(b) of section 922 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C.2224 note).
(b) REPEAL
OF
EXISTING
PROVISION.—Section 922 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112–81; 10 U.S.C. 2224 note) is repealed.
SEC. 1624. PROVISION BY AIR FORCE OF METEOROLOGICAL SERVICES
FOR INTELLIGENCE COMMUNITY.
(a) IN GENERAL.—The Secretary of the Air Force shall provide
meteorological services for operations of—
(1) each combat support agency that is an element of the
intelligence community; and
(2) by agreement with the head of any other element of
the intelligence community, that element of the intelligence
community.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘combat support agency’’ has the meaning
given that term in section 193 of title 10, United States Code.
(2) The term ‘‘intelligence community’’ has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1625. ANNUAL REPORT ON REQUESTS OF COMBATANT COM-
MANDS FOR REMOTE SENSING DATA.
(a) REPORTS AND BRIEFINGS.—Not later than February 1, 2026,
and annually thereafter for a five-year period, the Chairman of
the Joint Chiefs of Staff, in consultation with the commanders
of the combatant commands, shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
a report, and shall provide to such committees a briefing, on the
requests of the combatant commands for data and information
derived from remote sensing.
(b) MATTERS.—Each report and briefing under subsection (a)
shall include, with respect to the two-year period preceding the
date of the submission of that report and for each combatant com-
mand, the following information:
(1) An identification of the number of requests of that
combatant command for data or information derived from
remote sensing made to personnel of the National Geospatial-
Intelligence Agency during such period, if any, including the
number of any such requests denied, accepted but not com-
pletely fulfilled, and completely fulfilled, respectively.
(2) With respect to any such requests, an assessment of
whether the time to provide the data or information requested
was sufficient for the tactical purpose for which the data or
information was requested.
(3) An identification of the number of any such requests
not completely fulfilled and the reason, if any, given by per-
sonnel of the National Geospatial-Intelligence Agency for such
lack of fulfillment.
SEC. 1626. REVIEW AND EVALUATION OF EXTENSION OF INACTIVE
SECURITY CLEARANCES.
(a) EXTENSION
OF
PERIOD
OF
INACTIVE
SECURITY
CLEAR-
ANCES.—
S. 1071—467
(1) REVIEW
AND
EVALUATION.—The Under Secretary of
Defense for Intelligence and Security, in coordination with the
Director of National Intelligence, shall conduct a review and
evaluation of the feasibility and advisability of extending the
period of inactive security clearances for covered individuals
to a period of not more than five years.
(2) ASSESSMENT.—The review under paragraph (1) shall
include, at a minimum, an assessment of the feasibility and
advisability of subjecting inactive security clearances to contin-
uous vetting and due diligence, including implications for the
continued development of the Trusted Workforce 2.0 initiative.
(b) BRIEFING REQUIRED.—Not later than June 30, 2026, the
Under Secretary of Defense for Intelligence and Security shall pro-
vide to the Committees on Armed Services for the Senate and
House of Representatives and the congressional intelligence commit-
tees a briefing on the results of the review and evaluation described
in subsection (a).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘congressional intelligence committees’’ has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(2) The term ‘‘covered individuals’’ means individuals who—
(A) have been retired or otherwise separated from
employment with the Department of Defense for a period
of not more than 5 years; and
(B) were eligible to access classified information on
the day before the individual retired or otherwise separated
from such employment.
Subtitle C—Nuclear Forces
SEC. 1631. ADJUSTMENT TO RESPONSIBILITIES OF NUCLEAR WEAPONS
COUNCIL.
Section 179 of title 10, United States Code, is amended—
(1) in subsection (a), in the first sentence, by inserting
‘‘The Council shall be the primary mechanism for integrating,
streamlining, and ensuring unity of purpose and direction for
nuclear deterrence related activities within the Department
of Defense and the Department of Energy.’’ after ‘‘Energy.’’;
(2) in subsection (c), by striking paragraph (3);
(3) in subsection (d)—
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2) through (14), respectively;
(B) by inserting before paragraph (2), as so redesig-
nated, the following:
‘‘(1) Overseeing nuclear deterrence activities of the Depart-
ment of Defense and the National Nuclear Security Administra-
tion, including policy and resources, and developing options
for adjusting the deterrence posture of the United States in
response to evolving international security conditions.’’;
(C) by amending paragraph (6), as so redesignated,
to read as follows:
‘‘(6) Evaluating safety, security, and control issues for
existing weapons and for proposed new weapon program starts
and approving adjustments as required.’’;
S. 1071—468
(D) in paragraph (7), as so redesignated, by striking
‘‘Ensuring that adequate consideration is given to’’ and
inserting ‘‘Overseeing the approval of’’;
(E) by amending paragraph (8), as so redesignated,
to read as follows:
‘‘(8) Providing specific guidance regarding priorities for
research on—
‘‘(A) nuclear weapon delivery systems and platforms
and priorities on military capability development within
the armed forces and the broader Department of Defense;
and
‘‘(B) nuclear weapons and priorities among activities,
including production, surveillance, research, construction,
and any other programs within the National Nuclear Secu-
rity Administration.’’;
(F) by amending paragraph (9), as so redesignated,
to read as follows:
‘‘(9) Coordinating and approving activities conducted by
the Department of Defense and the Department of Energy
for the study, development, production, and retirement of
nuclear warheads and weapon systems, including concept defi-
nition studies, feasibility studies, engineering development,
hardware component fabrication, warhead and weapon system
production, and warhead retirement.’’;
(G) in paragraph (10), as so redesignated, by inserting
‘‘and weapon system’’ after ‘‘warhead’’;
(H) in paragraph (12), as so redesignated, by inserting
‘‘and related weapon systems supporting nuclear deterrence
missions’’ after ‘‘weapons’’; and
(I) in paragraph (14), as so redesignated—
(i) by striking ‘‘Coordinating’’ and inserting ‘‘Over-
seeing’’; and
(ii) by inserting ‘‘systems and’’ after ‘‘delivery’’;
and
(4) by amending subsection (f)(1) to read as follows:
‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The Council shall
annually review the plans and budget of the National Nuclear
Security Administration and the military departments to assess
whether such plans and budget meet the current and projected
requirements relating to nuclear weapons and related weapon sys-
tems supporting nuclear deterrence missions.’’.
SEC. 1632. PROHIBITION ON REDUCTION OF INTERCONTINENTAL BAL-
LISTIC MISSILES OF THE UNITED STATES.
(a) INVENTORY REQUIREMENT.—Section 9062 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(n)(1) The Secretary of the Air Force shall maintain a total
inventory of intercontinental ballistic missiles sufficient to ensure
that not fewer than 400 such missiles are operationally available.
‘‘(2) Such intercontinental ballistic missiles shall be deployed
among not fewer than 150 launch facilities dispersed across each
of the following locations (for a total of not fewer than 450):
‘‘(A) Francis E. Warren Air Force Base, Laramie County,
Wyoming.
‘‘(B) Malmstrom Air Force Base, Cascade County, Montana.
‘‘(C) Minot Air Force Base, Ward County, North Dakota.
S. 1071—469
‘‘(3) In this subsection, the term ‘intercontinental ballistic mis-
sile’ means any combination of the LGM–30G Minuteman III inter-
continental ballistic missile or the LGM–35A Sentinel interconti-
nental ballistic missile.’’.
(b)(1) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS.—Except
as provided in paragraph (2), none of the funds authorized to
be appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2026 may be obligated or
expended for the following, and the Department may not otherwise
take any action to do the following:
(A) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the United
States.
(B) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than that specified by subsection (n) of section
9062 of title 10, United States Code, as added by subsection
(a).
(2) EXCEPTION.—The limitation under paragraph (1) shall not
apply to any of the following activities:
(A) The maintenance or sustainment of intercontinental
ballistic missiles.
(B) Ensuring the safety, security, or reliability of interconti-
nental ballistic missiles.
(C) Facilitating the transition from the LGM–30G Minute-
man III intercontinental ballistic missile to the Sentinel LGM–
35A intercontinental ballistic missile.
SEC. 1633. MATTERS RELATING TO THE NUCLEAR-ARMED, SEA-
LAUNCHED CRUISE MISSILE.
(a) IN GENERAL.—Subsection (b) of section 1640 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31) is amended to read as follows:
‘‘(b) INITIAL
OPERATIONAL
CAPABILITY.—The Secretary of
Defense and the Administrator for Nuclear Security shall take
such actions as are necessary to ensure the program and project
described in subsection (a)—
‘‘(1) provide a limited number of assets prior to initial
operational capability being achieved to enable limited oper-
ational deployment of the weapon system, in a quantity to
be determined by the Nuclear Weapons Council, to meet
combatant command requirements not later than September
30, 2032; and
‘‘(2) achieve initial operational capability, as defined jointly
by the Secretary of the Navy and the Chairman of the Joint
Chiefs of Staff, by not later than September 30, 2034.’’.
(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy, in coordination
with the Nuclear Weapons Council, shall provide to the congres-
sional defense committees a briefing that includes—
(1) an initial definition of limited operational capability
for the nuclear-armed, sea-launched cruise missile; and
(2) a timeline to achieve the defined limited operational
capability, in compliance with the requirements of section
1640(a)(1) of the National Defense Authorization Act for Fiscal
Year 2024.
S. 1071—470
SEC. 1634. ADJUSTMENT TO BOMBER AIRCRAFT NUCLEAR CERTIFI-
CATION REQUIREMENT.
Section 211 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112–239; 126 Stat. 1671) is amended to
read as follows:
‘‘SEC.
211.
B–21
BOMBER
AIRCRAFT
NUCLEAR
CERTIFICATION
REQUIREMENT.
‘‘The Secretary of the Air Force shall ensure that the B–21
bomber is—
‘‘(1) operationally certified to employ nuclear gravity bombs
not later than 180 days after the date on which such aircraft
achieves initial operational capability; and
‘‘(2) operationally certified to employ the AGM–181 long-
range standoff weapon not later than two years after the date
on which either the B–21 bomber or the AGM–181 long-range
standoff weapon achieves initial operational capability, which-
ever is later.’’.
SEC. 1635. ORGANIZATIONAL REALIGNMENT WITH RESPECT TO
OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE FOR
NUCLEAR DETERRENCE, CHEMICAL AND BIOLOGICAL
DEFENSE POLICY AND PROGRAMS; LIMITATION ON AVAIL-
ABILITY OF CERTAIN FUNDS.
(a) ORGANIZATIONAL REALIGNMENT.—Not later than 45 days
after the date of the enactment of this Act, the Secretary of Defense
shall take such actions as are required to—
(1) integrate into the Office of the Assistant Secretary
of Defense for Nuclear Deterrence, Chemical and Biological
Defense Policy and Programs (hereinafter ‘‘ASD (ND-CBD)’’)
the authorities, responsibilities, personnel, and resources nec-
essary for executing activities in support of the Under Secretary
of Defense for Acquisition and Sustainment’s roles as the
Defense
Acquisition
Executive
and
Milestone
Decision
Authority for applicable Major Defense Acquisition Programs
as pertains to Department of Defense programs for acquiring,
sustaining, and managing—
(A) dedicated nuclear weapons platforms and delivery
systems; and
(B) nuclear command, control, and communications
(hereinafter ‘‘NC3’’) systems;
(2) ensure the Office of the Assistant Secretary of Defense
for Acquisition reassigns sufficient personnel to the Office of
the ASD (ND-CBD) to support joint oversight of Major Defense
Acquisition Programs for platforms—
(A) capable of employing both conventional and nuclear
weapons; and
(B) hosting NC3 systems; and
(3) establish Departmental processes for joint oversight
by the Assistant Secretary of Defense for Acquisition and the
ASD (ND-CBD) of platforms—
(A) capable of employing both conventional and nuclear
weapons; and
(B) hosting NC3 systems.
(b) LIMITATION
ON AVAILABILITY
OF FUNDS.—Of the funds
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2026 for Operation and Maintenance, Defense-
S. 1071—471
Wide, to the Office of the Under Secretary of Defense for Acquisition
and Sustainment, and available to the Under Secretary of Defense
for Acquisition and Sustainment and the Assistant Secretary of
Defense for Acquisition for travel purposes, not more than 50 per-
cent may be obligated or expended until the date on which the
Secretary of Defense notifies the congressional defense committees
that the Department of Defense has—
(1) completed the organizational realignments described
in subsection (a); and
(2) provided to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on—
(A) detailed implementation plans used to achieve the
actions required in subsection (a); and
(B) policies and procedures of the Department for
future adjustments to management and oversight respon-
sibilities for dedicated nuclear weapon and dual-capable
platforms and weapon systems between the Office of the
Under
Secretary
of
Defense
for
Acquisition
and
Sustainment and cognizant Direct Reporting Program Man-
agers, as applicable.
SEC. 1636. MATTERS RELATING TO INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
The Secretary of the Air Force may enter into contracts for
the life-of-program procurement of solid rocket motor nozzle mate-
rial and related processing activities for the LGM–35A Sentinel
intercontinental ballistic missile system.
SEC. 1637. DEEP CLEANING OF LAUNCH CONTROL CENTERS OF THE
AIR FORCE GLOBAL STRIKE COMMAND.
(a) IN GENERAL.—The Secretary of the Air Force, acting through
the Commander of the Air Force Global Strike Command, shall
ensure that each Minuteman III launch control center within the
three missile wings comprising the 20th Air Force undergoes a
deep cleaning of its crew capsules at least once every five years
until each such launch control center is decommissioned.
(b) WAIVER.—
(1) IN GENERAL.—The Commander of the Air Force Global
Strike Command may waive the requirement under subsection
(a) with respect to a particular Minuteman III launch control
center due to—
(A) unforseen circumstances that make carrying out
the deep cleaning required by such subsection impracti-
cable; or
(B) national security needs.
(2) CONGRESSIONAL
NOTIFICATION.—If the Commander
grants a waiver under paragraph (1), the Commander shall
notify the congressional defense committees of such wavier.
Such notice shall include—
(A) the launch control center subject to such waiver;
and
(B) when such launch control center is expected to
be deep cleaned.
(c) ANNUAL REPORT.—Not later than the first October 1 after
the date of the enactment of this Act, and on an annual basis
thereafter until each Minuteman III launch control center is
decommissioned, the Secretary of the Air Force shall provide to
the congressional defense committees a briefing that includes—
S. 1071—472
(1) an identification of each such launch control center—
(A) deep cleaned during the fiscal year covered by
the briefing; and
(B) scheduled for a deep cleaning during the fiscal
year beginning after the fiscal year during which the
briefing is provided; and
(2) any additional matters of concern, as determined by
the Secretary, with respect to the condition of such launch
control centers.
SEC. 1638. LIMITATION ON AVAILABILITY OF FUNDS PENDING
NOTIFICATION OF TASKING AUTHORITY DELEGATION.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 for Operation and
Maintenance, Air Force, and available to the Office of the Secretary
of the Air Force for travel purposes, not more than 85 percent
may be obligated or expended until the date on which the Secretary
of Defense notifies the congressional defense committees that the
delegation of authority described in section 1638(e) of the James
M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117–263; 136 Stat. 2941) has been completed.
SEC. 1639. LIMITATION ON AVAILABILITY OF FUNDS PENDING
COMMENCEMENT
OF
ANNUAL
BRIEFINGS
ON
IMPLEMENTATION
OF
RECOMMENDATIONS
BY
THE
CONGRESSIONAL COMMISSION ON THE STRATEGIC POS-
TURE OF THE UNITED STATES.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 for Operation and
Maintenance, Defense-Wide, and available to the Office of the Under
Secretary of Defense for Acquisition and Sustainment for travel
expenses, not more than 90 percent may be obligated or expended
until the date on which the Under Secretary of Defense for Acquisi-
tion and Sustainment completes the first annual briefing to the
congressional defense committees required by section 1637 of the
Servicemember Quality of Life Improvement and National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159).
SEC. 1640. LIMITATION ON AVAILABILITY OF FUNDS FOR COMPENSA-
TION CAPS.
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2026 may be used to establish, or implement a requirement to
establish, a cap on reimbursement of compensation and benefits
for non-Federal employees under contract with the National Nuclear
Security Administration or employees of any Federally-funded
research and development center supporting—
(1) any atomic energy defense activity, as defined in section
2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101);
(2) the sustainment and modernization of—
(A) nuclear weapons delivery systems and platforms
of the Department of Defense;
(B) nuclear command, control, and communication sys-
tems of the Department; or
(C) any infrastructure association with the systems
or platforms described in subparagraph (A) or (B); or
(3) the development, testing, or fielding of technologies
supporting the Golden Dome missile defense system.
S. 1071—473
(b) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to affect or limit the application of, or any obligation
to comply with, the requirements of—
(1) section 3744(a) of title 10, United States Code; or
(2) section 4304(a) of title 41, United States Code.
SECTION 1641. STRATEGY TO SUSTAIN MINUTEMAN III INTERCONTI-
NENTAL BALLISTIC MISSILE AND MAXIMIZE END-OF-
LIFE MARGIN.
(a) STRATEGY REQUIRED.—
(1) IN GENERAL.—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 budget submitted to Congress pursuant
to such section until the Under Secretary of Defense for Acquisi-
tion and Sustainment determines the LGM–35A Sentinel inter-
continental ballistic missile reaches full operational capacity,
the Secretary of the Air Force, in consultation with the Under
Secretary, shall submit to the congressional defense committees
a strategy, with respect to the LGM–30G Minuteman III inter-
continental ballistic missiles, Air Force Nuclear Command, Con-
trol, and Communications Weapon System (AN/USQ.225), asso-
ciated ground systems, and other supporting systems to address
aging components and maximize the end-of-life margin.
(2) ELEMENTS.—Each strategy required by paragraph (1)
shall include the following:
(A) A comprehensive identification of all significant
age-related and supportability challenges for the LGM–
30G Minuteman III intercontinental ballistic missiles that
includes a description of—
(i) efforts of the Secretary to address each such
challenge; and
(ii) activities the Secretary intends to carry out
to address each such challenge.
(B) A description of effects on the system performance
of Minuteman III missiles that result from aging compo-
nents, including such effects with respect to shortfalls in
capability.
(C) A summary of test activities conducted with
Minuteman III missiles during the calender year that pre-
cedes the date of the submission of the strategy, including
a description of any observations of anomalous performance
during such test activities.
(D) A discussion of opportunities to increase the end-
of-life margin or overall performance of Minuteman III
missiles.
(E) A statement of the total inventory of such Minute-
man III missiles available to the United States, including
spares.
(F) A forecast with respect to the asset attrition that
includes an identification of key drivers of such asset attri-
tion.
(G) An identification, as specific budget line items,
of all funding with respect to the LGM–30G Minuteman
III intercontinental ballistic missiles, associated ground
systems, and other and supporting systems included in
S. 1071—474
the budget of the Department of Defense for the fiscal
year during which the strategy is submitted.
(H) An estimate of the amount of such funding the
Secretary determines is necessary across the period covered
by the most recent future-years defense program submitted
to Congress under section 221 of title 10, United States
Code, to ensure the continued effective operation of the
the LGM–30G Minuteman III intercontinental ballistic mis-
sile, associated ground systems, and other and supporting
systems until the LGM–35A Sentinel intercontinental bal-
listic missile reaches full operational capacity.
(b) INDEPENDENT ASSESSMENT OF STRATEGY.—
(1) IN GENERAL.—The Under Secretary shall review each
strategy required under subsection (a) to assess whether the
strategy is sufficient to ensure the continued effective operation
of the LGM–30G Minuteman III intercontinental ballistic mis-
sile system until the LGM–35A Sentinel intercontinental bal-
listic missile reaches full operational capacity.
(2) REPORTS.—During the period the requirement under
subsection (a) is effective, the Under Secretary shall, not later
than 45 days after any date on which a budget is submitted
to Congress pursuant to section 1105(a) of title 31, United
States Code, submit to the congressional defense committees
a report that includes—
(A) the findings of the assessment required under para-
graph (1);
(B) a discussion of any unfunded priorities and risk
reduction opportunities with respect to the LGM–30G
Minuteman III intercontinental ballistic missile, associated
ground systems, and other supporting systems; and
(C) any other matters as the Under Secretary deter-
mines appropriate.
SEC. 1642. MATTERS RELATING TO AIR FORCE GLOBAL STRIKE COM-
MAND.
(a) ESTABLISHMENT OF AIR FORCE GLOBAL STRIKE COMMAND.—
Chapter 907 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 9068. Air Force Global Strike Command
‘‘(a) ESTABLISHMENT.—There is in the Air Force a major com-
mand, which shall be known as Air Force Global Strike Command.
‘‘(b) COMMANDER.—(1) The Commander of Air Force Global
Strike Command shall hold the grade of general while serving
in that position, without vacating that officer’s permanent grade.
The commander shall be appointed to that grade by the President,
by and with the advice and consent of the Senate, for service
in that position.
‘‘(2) The commander shall serve as the single accountable officer
responsible to the Secretary of the Air Force and the Chief of
Staff of the Air Force for carrying out all aspects of Air Force
nuclear and long-range strike missions in support of United States
Strategic Command, including such aspects described in subsection
(c).
‘‘(c) FUNCTIONS.—The Commander of Air Force Global Strike
Command shall be responsible for carrying out all aspects and
activities of the Air Force nuclear and long-range strike missions
S. 1071—475
in support of United States Strategic Command. Such aspects
include nuclear weapons, nuclear weapon delivery systems, long-
range strike bomber aircraft, and the nuclear command, control,
and communication systems. Such activities include the following:
‘‘(1) Providing combat-ready nuclear and long-range conven-
tional strike forces in support of Presidential and combatant
commander directives.
‘‘(2) Administrating, organizing, training, and equipping
assigned and gained forces.
‘‘(3) Assessing the readiness of assigned and gained forces
and submitting to the Secretary and the Air Force Chief of
Staff periodic reports with respect to such assessments.
‘‘(4) Leading development in the Air Force of—
‘‘(A) military requirements with respect to nuclear and
long-range strike missions;
‘‘(B) budget proposals necessary to carry out the mis-
sions of the Air Force Global Strike Command;
‘‘(C) long-range investment plans and priorities to sus-
tain, modernize, and recapitalize assigned forces; and
‘‘(D) employment strategies, concepts, tactics, tech-
niques, and procedures with respect to strategic deterrence,
nuclear deterrence operation, and long-range strike oper-
ations.
‘‘(5) Advising the Secretary, as necessary, on the adequacy
of resources of the Department of the Air Force dedicated
to support and execute nuclear missions.
‘‘(6) Such other functions as the Secretary determines nec-
essary or appropriate for execution of nuclear deterrence and
long-range strike missions.’’.
(b) OVERSIGHT
OF NUCLEAR DETERRENCE MISSION.—Section
9040(b) of title 10, United States Code, is amended—
(1) in the matter preceding paragraph (1), by inserting
‘‘in coordination with the Commander of Air Force Global Strike
Command’’ after ‘‘duties’’;
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) Coordinate with and support the activities of Air Force
Global Strike Command, the Air Force Nuclear Systems Center,
and any other applicable Air Force organization in the
sustainment and modernization of weapon systems associated
with the nuclear deterrence mission of the Air Force.’’;
(4) in paragraph (4), as so redesignated, by striking ‘‘and
the Chief of Staff of the Air Force’’ and inserting ‘‘the Chief
of Staff of the Air Force, and the Commander of Air Force
Global Strike Command’’; and
(5) by adding at the end the following new paragraph:
‘‘(5) Represent Air Force nuclear deterrence mission equi-
ties on behalf of the Chief of Staff of the Air Force and the
Commander of Air Force Global Strike Command within the
Nuclear Weapons Council processes and other Department of
Defense fora, as appropriate.’’.
S. 1071—476
Subtitle D—Missile Defense Programs
SEC. 1651. MODIFICATION TO NATIONAL MISSILE DEFENSE POLICY
TO REFLECT GOLDEN DOME FOR AMERICA POLICY.
Section 5501 of title 10, United States Code, is amended by
striking the text and inserting the following:
‘‘It is the policy of the United States—
‘‘(1) to provide for the common defense of the United States
and its citizens by deploying and maintaining a next-generation
missile defense shield;
‘‘(2) to deter and defend the United States, citizens of
the United States, and critical infrastructure of the United
States, against the threat of foreign attack by increasingly
complex ballistic, hypersonic glide, and cruise missiles, and
other advanced aerial threats; and
‘‘(3) to guarantee the viability of an effective nuclear
response capability of the United States and to support the
continued deterrence of strategic attacks against the homeland
of the United States.’’.
SEC. 1652. GOLDEN DOME MISSILE DEFENSE SYSTEM.
(a) ANNUAL REPORT.—
(1) REQUIREMENT.—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 date on which the Secretary
of Defense determines that the next-generation air and missile
defense architecture developed pursuant to Executive Order
14 14186 (90 Fed. Reg. 8767), or such successor order, achieves
full operational capability, the Secretary shall submit to the
congressional defense committees a report on the development
and deployment of such architecture.
(2) ELEMENTS.—Each report under paragraph (1) shall
include the following:
(A) A summary of air and missile threats to the United
States, including notable developments occurring during
year covered by the report.
(B) A description of the system architecture of the
next-generation air and missile defense architecture,
including the identification of each capability, program,
and project considered to be part of such architecture.
(C) A preliminary description of, cost estimate for,
and schedule to achieve—
(i) initial operational capability; and
(ii) full operational capability.
(D) 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 next-generation
air and missile defense architecture as compared to the
prior fiscal year, including with respect to—
(i) each capability, program, and project identified
in subparagraph (B);
(ii) test and evaluation activities;
(iii) military construction;
S. 1071—477
(iv)
operations
and
maintenance,
including
advanced planning and infrastructure sustainment,
renovation, and maintenance funds; and
(v) civilian and military personnel.
(E) A description of relevant concepts of operations.
(F) A schedule of test activities planned for the
upcoming year.
(G) Identification of requirements with respect to the
electromagnetic spectrum for the development, deployment,
and deconfliction, where necessary, of capabilities included
in such architecture.
(H) A holistic assessment of the total ground segment
requirements to support the architecture and the progress
made toward meeting such requirements.
(I) An organizational construct defining roles and
responsibilities for each participating element of the
Department of Defense.
(J) An assessment of on-orbit testing and training
requirements necessary for developing capabilities and
ensuring long-term warfighting.
(K) Identification of any additional legal authorities
necessary to carry out or expedite the development and
deployment of such architecture.
(L) Any other matters the Secretary considers relevant.
(b) QUARTERLY BRIEFINGS.—
(1) REQUIREMENT.—Not later than 90 days after the date
of the enactment of this Act, and on a quarterly basis thereafter
until the date on which the Secretary of Defense determines
that the next-generation air and missile defense architecture
achieves full operational capability, the Secretary shall provide
to the congressional defense committees a briefing on the status
of the development and deployment of such architecture.
(2) ELEMENTS.—Each briefing under paragraph (1) shall
include the following:
(A) The status of the next-generation air and missile
defense architecture as compared to the previous quarter.
(B) The progress towards initial and full operational
capability of such architecture.
(C) The execution of funding appropriated for such
architecture and related activities described in subpara-
graph (D).
(D) A description of test events planned for the
upcoming quarter and a detailed review of test events
performed during the previous quarter.
(E) Any notable highlights and changes affecting the
development and deployment of such architecture.
(F) Such other matters as the Secretary considers
appropriate.
SEC. 1653. AMENDMENTS TO TECHNICAL AUTHORITY OF DIRECTOR
OF MISSILE DEFENSE AGENCY REGARDING INTEGRATED
AIR AND MISSILE DEFENSE ACTIVITIES AND PROGRAMS.
(a) IN GENERAL.—Subsection (a) of section 5531 of title 10,
United States Code, is amended—
(1) by striking ‘‘The Director’’ and inserting ‘‘Subject to
the authority, direction, and control of the Secretary of Defense,
the Director’’;
S. 1071—478
(2) by inserting ‘‘system level architectures,’’ before ‘‘inter-
faces’’; and
(3) by inserting a comma after ‘‘of such activities and
programs’’.
(b) TECHNICAL CORRECTIONS.—Subsection (b) of such section
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘under paragraph (1)’’ and inserting
‘‘under subsection (a)’’; and
(B) by striking ‘‘with subparagraph (B)’’ and inserting
‘‘with paragraph (2)’’; and
(2) in paragraph (2)—
(A) by striking ‘‘under subparagraph (A)’’ and inserting
‘‘under paragraph (1)’’; and
(B) by striking ‘‘under paragraph (1)’’ and inserting
‘‘under subsection (a)’’.
SEC. 1654. PROHIBITION ON PRIVATIZED OR SUBSCRIPTION-BASED
MISSILE DEFENSE INTERCEPT CAPABILITIES.
Subchapter II of chapter 551 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 5516. Prohibition on privatized or subscription-based mis-
sile defense intercept capabilities
‘‘(a) PROHIBITION.—The Secretary of Defense may only develop,
deploy, test, or operate a missile defense system with kinetic missile
defense capabilities if—
‘‘(1) the missile defense system is owned and operated
by the armed forces; and
‘‘(2) such capabilities do not use a subscription-based
service, a pay-for-service model, or a recurring-fee model to
engage or intercept a target.
‘‘(b) INHERENTLY GOVERNMENTAL FUNCTION.—The decision to
engage in kinetic missile defense activities, including targeting,
launch authorization, and engagement of airborne or spaceborne
threats, is an inherently governmental function that only officers
or employees of the Federal Government or members of the Army,
Navy, Air Force, Marine Corps, or Space Force may perform.
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in this section shall
be construed to prohibit the Secretary of Defense from—
‘‘(1) entering into contracts with private entities for the
research, development, manufacture, maintenance, or testing
of missile defense systems;
‘‘(2) entering into or carrying out co-production or co-
development arrangements, or other cooperative agreements,
with allies and partners of the United States with respect
to missile defense capabilities; or
‘‘(3) procuring commercial services for remote sensing,
telemetry, threat tracking, data analysis, data transport, or
early warning, if such services do not directly involve the execu-
tion or command of kinetic missile defense activities.
‘‘(d) DEFINITIONS.—For the purposes of this section:
‘‘(1) The term ‘kinetic missile defense activities’ means
any action intended to physically intercept, neutralize, or
destroy a missile, projectile, aircraft, or other airborne threat,
including those using kinetic interceptors or directed energy.
S. 1071—479
‘‘(2) The term ‘kinetic missile defense capabilities’ means
any system or platform that is designed to be able to carry
out kinetic missile defense activities.
‘‘(3) The term ‘subscription-based service’ means any
arrangement in which a private entity provides ongoing or
recurring operational access to missile defense capabilities in
exchange for periodic payment.’’.
SEC. 1655. MATTERS RELATED TO INTEGRATED AIR AND MISSILE
DEFENSE CAPABILITIES TO DEFEND GUAM.
(a) PROHIBITION ON REMOVAL WITHOUT NOTIFICATION.—None
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2026 for the Department of Defense
may be obligated or expended to remove an integrated air and
missile defense system or capability from Guam unless—
(1) the Chairman of the Joint Chiefs of Staff submits to
the congressional defense committees a notice of the proposed
removal; and
(2) a 10-day period elapses following the date of such
submission.
(b) LIMITATION
ON AVAILABILITY
OF FUNDS.—Of the funds
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2026 for the Office of the Under Secretary
of Defense for Acquisition and Sustainment for travel expenses,
not more than 90 percent may be obligated or expended until
the date on which the Under Secretary of Defense for Acquisition
and Sustainment completes the first annual briefing to the congres-
sional defense committees required by section 1648 of the Service-
member Quality of Life Improvement and National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138
Stat. 2186).
(c) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees an unclassified summary of
the report required by section 1660 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117–
263; 136 Stat. 2955).
SEC. 1656. DESIGN AND CONSTRUCTION OF MISSILE INSTRUMENTA-
TION RANGE SAFETY VESSELS.
(a) VESSEL CONSTRUCTION.—
(1) COMPLETION
OF
DESIGN.—Subject to the availability
of appropriations, the Secretary of Transportation, in consulta-
tion with the Director of the Missile Defense Agency, shall
complete the design of missile instrumentation range safety
vessels for the National Defense Reserve Fleet to allow for
the construction of such vessels to begin in fiscal year 2027.
(2) AGREEMENT WITH VESSEL CONSTRUCTION MANAGER.—
Notwithstanding section 8679 of title 10, United States Code,
and subject to the availability of appropriations, the Secretary
of the Transportation, in consultation with the Director of the
Missile Defense Agency, shall seek to enter into an agreement
with an appropriate vessel construction manager under which
the vessel construction manager shall enter into a contract
for the construction of not more than two such vessels in
accordance with this section.
(3) DESIGN
STANDARDS
AND
CONSTRUCTION
PRACTICES.—
Subject to paragraph (2), a vessel constructed pursuant to this
S. 1071—480
section shall be constructed using commercial design standards
and commercial construction practices that are consistent with
the best interests of the Federal Government.
(b) CONSULTATION WITH OTHER FEDERAL ENTITIES.—The Sec-
retary of Transportation shall consult and coordinate with the
Director of the Missile Defense Agency and may consult with the
heads of other appropriate Federal agencies regarding the vessel
referred to in subsection (a) and activities associated with such
vessel.
(c) PROHIBITION ON USE OF FUNDS FOR USED VESSELS.—None
of the funds authorized to be appropriated by this Act or otherwise
made available to carry out this section may be used for the procure-
ment of any used vessel.
(d) MISSILE DEFENSE AGENCY TRANSFER AUTHORITY.—The
Director of the Missile Defense Agency may transfer amounts
authorized to be appropriated for the Missile Defense Agency to
the Secretary of Transportation, to be used for the purposes author-
ized by this section. Any amount transferred pursuant to this sub-
section shall retain its original period of availability.
SEC. 1657. 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 2026 for procurement,
Defense-wide, and available for the Missile Defense Agency,
not more than $60,000,000 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
S. 1071—481
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 2026 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
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 2026 for procure-
ment, Defense-wide, and available for the Missile Defense
Agency not more than $100,000,000 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);
S. 1071—482
(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;
(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. 1658. LIMITATION ON AUTHORITY TO REDUCE SUSTAINMENT FOR
OR HALT OPERATION OF THE AN/FPS–108 COBRA DANE
RADAR.
(a) LIMITATION.—Until the date on which the certification
described in subsection (b) is submitted to the congressional defense
committees, the Secretary of Defense—
(1) may not reduce sustainment efforts for, halt operation
of, or prepare to reduce sustainment efforts for or halt operation
of, the AN/FPS–108 COBRA DANE radar located at Eareckson
Air Station on Shemya Island, Alaska;
(2) shall sustain the AN/FPS–108 COBRA DANE radar
in a manner that preserves, at a minimum, the operational
S. 1071—483
availability of the system as of the date of the enactment
of this section; and
(3) shall ensure that the AN/FPS–108 COBRA DANE radar
continues to meet the operational requirements of the combat-
ant commands that are met by such system as of the date
of the enactment of this section.
(b) CERTIFICATION DESCRIBED.—The certification described in
this subsection is a written certification from the Secretary of
Defense, in consultation with the Chief of Space Operations and
the Director of the Missile Defense Agency, indicating that the
replacement capability for the AN/FPS–108 COBRA DANE radar—
(1) will reach initial operational capability at the same
time or before the termination of operations for the AN/FPS–
108 COBRA DANE radar; and
(2) at the time such replacement capability achieves initial
operational capability, will have the ability to meet the oper-
ational requirements of the combatant commands that have
been, or that are expected to be, assigned to such replacement
capability.
(c) EXCEPTION.—The limitation described in subsection (a) shall
not apply to temporary interruptions of operational availability
for the AN/FPS–108 COBRA DANE radar provided such activities
are necessary to support maintenance or modernization activities
of the system.
SEC. 1659. LIMITATION ON AVAILABILITY OF FUNDS PENDING INDE-
PENDENT ANALYSIS OF SPACE-BASED MISSILE DEFENSE
CAPABILITY.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2026 for Operation and
Maintenance, Defense-Wide, and available to the Office of the Under
Secretary of Defense for Research and Engineering for travel pur-
poses, not more than 90 percent may be obligated or expended
until the date on which the Secretary of Defense submits the
report required by section 1671(d) of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31).
SEC. 1660. ASSESSMENT OF THE RONALD REAGAN BALLISTIC MISSILE
DEFENSE TEST SITE.
(a) REQUIREMENT.—Consistent with section 4173(i) of title 10,
United States Code, the Director of the Department of Defense
Test Resource Management Center shall—
(1) not later than March 31 of each year through 2030,
visit the Ronald Reagan Ballistic Missile Defense Test Site
and assess the state of infrastructure supporting test and
evaluation facilities of the Department of Defense; and
(2) not later than 30 days after the date on which a visit
under paragraph (1) is completed, provide the congressional
defense committees a briefing on the findings of the Director
with respect to such visit and assessment.
(b) DELEGATION.—The Director may delegate a visit under sub-
section (a)(1) to a senior staff member of the Department of Defense
Test Resource Management Center if—
(1) the Director notifies the congressional defense commit-
tees of the intent of the Director to make such delegation;
and
(2) a 30-day period elapses following the date of such
notification.
S. 1071—484
SEC. 1661. BIENNIAL ASSESSMENTS OF THE RONALD REAGAN BAL-
LISTIC MISSILE DEFENSE TEST SITE.
(a) BIENNIAL ASSESSMENTS.—In 2027 and in each odd-num-
bered year thereafter through 2033, the Chairman of the Joint
Chiefs of Staff, in coordination with the Commander of the United
States Strategic Command, the Commander of the United States
Space Command, the Commander of the United States Indo-Pacific
Command, and the commanders of such other combatant commands
as the Chairman considers appropriate, shall assess the capabilities
and capacity, including with respect to supporting infrastructure,
of the Ronald Reagan Ballistic Missile Defense Test Site to meet
the operational and weapon system development needs of the
combatant commands.
(b) REPORT TO SECRETARY OF DEFENSE.—Not later than Feb-
ruary 28 of each even-numbered year following a year for which
an assessment under subsection (a) is completed, the Chairman
shall submit to the Secretary of Defense a report containing—
(1) the findings of the Chairman with respect to the assess-
ment;
(2) an identification and discussion of any capability or
capacity gap or other shortfall with respect to the operational
and weapon system development needs described in subsection
(a);
(3) an identification and discussion of any risks with respect
to meeting current and future mission or capability require-
ments (as of the date of the report); and
(4) an identification and discussion of any matter having
an adverse effect on the capability of the commanders of the
combatant commands to accurately determine the matters cov-
ered by the assessment.
(c) REPORT TO CONGRESS.—Not later than March 15 of each
year during which the Chairman submits to the Secretary a report
under subsection (b), the Secretary shall submit to the congressional
defense committees such report, without change, together with addi-
tional views the Secretary considers appropriate.
Subtitle E—Matters Relating to
Unidentified Anomalous Phenomena
SEC. 1671. BRIEFINGS ON INTERCEPTS OF UNIDENTIFIED ANOMALOUS
PHENOMENA BY NORTH AMERICAN AEROSPACE DEFENSE
COMMAND AND UNITED STATES NORTHERN COMMAND.
(a) IN GENERAL.—Section 1683(l) of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(l)) is
amended by adding at the end the following new paragraph:
‘‘(5) INTERCEPTS.—
‘‘(A) IN GENERAL.—Each briefing under this subsection
shall include, for the period covered by the briefing, details
on any unidentified anomalous phenomena intercepts con-
ducted by the North American Aerospace Defense Com-
mand or the United States Northern Command.
‘‘(B) SUMMARIES.—In providing a briefing under this
subsection, the Director of the Office shall make available
a summary of all instances of intercepts described in
subparagraph (A), including—
S. 1071—485
‘‘(i) the number, location, and nature of such inter-
cepts; and
‘‘(ii) a description of the procedures and protocols
followed during the intercepts, including any data col-
lected or analyzed during such intercepts.
‘‘(C) TIMELY INFORMATION.—The Director of the Office
shall inform the appropriate congressional committees of
any failure by the North American Aerospace Defense Com-
mand or the United States Northern Command to provide
timely information on unidentified anomalous phenomena
intercepts.’’.
(b) FIRST BRIEFING.—Notwithstanding paragraph (5) of such
section, as added by subsection (a), for the first briefing provided
under such section after the date of the enactment of this Act,
the briefing shall include details on any unidentified anomalous
phenomena intercepts conducted by the North American Aerospace
Defense Command or the United States Northern Command not
previously provided that occurred during the period beginning on
January 1, 2004, and ending on the last day of the period otherwise
covered by the briefing.
SEC. 1672. ELIMINATION OF DUPLICATIVE REPORTING REQUIRE-
MENTS RELATING TO UNIDENTIFIED ANOMALOUS PHE-
NOMENA.
(a) REPEAL.—Section 413 of the Intelligence Authorization Act
for Fiscal Year 2022 (division X of Public Law 117–103; 50 U.S.C.
3373a) is repealed.
(b) CLARIFICATION OF AVAILABILITY OF DATA.—Subparagraph
(A) of section 1683(f)(1) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–103; 50 U.S.C. 3373(f)(1))
is amended to read as follows:
‘‘(A) AVAILABILITY OF DATA.—The Director of National
Intelligence and the Secretary of Defense shall jointly
require that each element of the intelligence community
and component of the Department of Defense with data
relating to unidentified anomalous phenomena makes such
data available immediately to the Office in a manner that
protects intelligence sources and methods.’’.
SEC. 1673. ACCOUNTING OF SECURITY CLASSIFICATION GUIDES
RELATING TO UNIDENTIFIED ANOMALOUS PHENOMENA.
(a) ACCOUNTING.—Not later than 180 days after the date of
the enactment of this Act, the Director of the All-Domain Anomaly
Resolution Office—
(1) shall make an accounting of security classification
guides that apply to information used for reports and investiga-
tions of unidentified anomalous phenomena; and
(2) may issue a consolidated security classification matrix
for programs relating to unidentified anomalous phenomena
to provide a resource for programs that support or may be
affected by investigations relating to unidentified anomalous
phenomena.
(b) INCLUSION IN ANNUAL REPORT.—The Director shall include
in the report submitted during 2026 under section 1683(k) of the
National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(k)) information on the security classification guides and
consolidated security classification matrix specified in subsection
(a).
S. 1071—486
Subtitle F—Matters Relating to
Electromagnetic Warfare
SEC. 1681. MODIFICATION OF FUNCTIONS OF ELECTROMAGNETIC
SPECTRUM ENTERPRISE OPERATIONAL LEAD FOR JOINT
ELECTROMAGNETIC
SPECTRUM
OPERATIONS
TO
INCLUDE DYNAMIC SPECTRUM SHARING TECHNOLOGIES.
Section 500e of title 10, United States Code, is amended—
(1) in subsection (b)—
(A) by striking ‘‘responsible for synchronizing’’ and
inserting the following: ‘‘responsible for—
‘‘(1) synchronizing’’;
(B) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) the evaluation of tactics, techniques, and procedures
for dynamic spectrum sharing technologies for joint electro-
magnetic operations.’’; and
(2) in subsection (c)—
(A) by redesignating paragraph (4) as paragraph (6);
and
(B) by inserting after paragraph (3) the following new
paragraphs:
‘‘(4) An assessment of any current gaps in evaluation
mechanisms for future joint use of dynamic spectrum sharing
technologies.
‘‘(5) The feasibility and advisability of establishing des-
ignated virtual ranges for the evaluation of tactics, techniques,
and procedures for dynamic spectrum sharing technologies.’’.
SEC. 1682. INTEGRATION OF ELECTRONIC WARFARE INTO TIER 1 AND
TIER 2 JOINT TRAINING EXERCISES.
(a) IN GENERAL.—Chapter 25 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 500g. Integration of electronic warfare into Tier 1 and
Tier 2 joint training exercises
‘‘(a) REQUIREMENT.—During fiscal years 2026 through 2030,
the Chairman of the Joint Chiefs of Staff shall require the integra-
tion of offensive and defensive electronic warfare capabilities into
Tier 1 and Tier 2 joint training exercises.
‘‘(b) INCLUSION
OF OPPOSING FORCE.—The Chairman shall
require exercises conducted under subsection (a) to include an
opposing force design based on an intelligence assessment of the
electromagnetic order of battle and capabilities of an adversary
that is current as of the date of the exercise.
‘‘(c) WAIVER.—The Chairman may waive the application of sub-
section (a) or (b) with respect to an exercise if the Chairman
determines that—
‘‘(1) the exercise does not require—
‘‘(A) a demonstration of electronic warfare capabilities;
or
‘‘(B) a militarily significant threat from electronic war-
fare attack; or
S. 1071—487
‘‘(2) the integration of offensive and defensive electronic
warfare capabilities into the exercise is cost prohibitive or not
technically feasible based on the overall goals of the exercise.
‘‘(d) BRIEFING.—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 2030,
the Chairman shall provide the congressional defense committees
with a briefing on exercises conducted under subsection (a) that
includes—
‘‘(1) a description of such exercises planned and included
in the budget submission for that fiscal year; and
‘‘(2) the results of each such exercise conducted in the
preceding fiscal year, including—
‘‘(A) the extent to which offensive and defensive elec-
tronic warfare capabilities were integrated into the exer-
cise;
‘‘(B) an evaluation and assessment of the exercise to
determine the impact of the opposing force on the partici-
pants in the exercise, including—
‘‘(i) joint lessons learned;
‘‘(ii) high interest training issues; and
‘‘(iii) high interest training requirements; and
‘‘(C) an assessment as to whether offensive and defen-
sive electronic warfare capabilities were part of an overall
joint fires and, if so, a description of the manner in which
such capabilities were incorporated into the joint fires.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘electromagnetic order of battle’ has the
meaning given such term in Joint Publication 3–85 entitled
‘Joint Electromagnetic Spectrum Operations’, dated May 2020.
‘‘(2) The terms ‘high interest training issue’, ‘high interest
training requirement’, ‘Tier 1’, and ‘Tier 2’ have the meanings
given such terms in the Joint Training Manual for the Armed
Forces of the United States (Document No. CJCSM 3500.03E),
dated April 20, 2015.
‘‘(3) The term ‘joint fires’ has the meaning given such
term in the publication of the Joint Staff entitled ‘Insights
and Best Practices Focus Paper on Integration and Synchroni-
zation of Joint Fires’, dated July 2018.’’.
SEC. 1683. ANNUAL REVIEW OF THE JOINT ELECTROMAGNETIC
BATTLE MANAGEMENT SOFTWARE PROGRAM.
(a) ARRANGEMENT.—The Commander of the United States Stra-
tegic Command shall seek to enter into an arrangement with a
federally funded research and development center to perform the
services covered by this section.
(b) ANNUAL REVIEWS.—
(1) IN GENERAL.—Under an arrangement between the Com-
mander and a federally funded research and development
center under subsection (a), the federally funded research and
development center shall, not less frequently than once each
fiscal year, carry out a review of the Joint Electromagnetic
Battle Management Software Program.
(2) ELEMENTS.—In carrying out a review under paragraph
(1), the federally funded research and development center shall
assess—
S. 1071—488
(A) whether the Electromagnetic Battle Management
Software Program—
(i) is using best practices, including those devel-
oped by the Comptroller General of the United States;
(ii) is adequately meeting requirements; and
(iii) is adequately adhering to price and schedule;
and
(B) such other matters as the federally funded research
and development center considers important to meeting
the mission of the program.
(c) BRIEFING.—Not later than September 30 of each year
through 2031, the Commander and the federally funded research
and development center, either each individually or jointly, shall
provide to the congressional defense committees a briefing on the
most recently completed review carried out under this section.
(d) SUNSET.—The arrangement entered into under subsection
(a) shall terminate on October 1, 2031.
SEC. 1684. SUPPORT BY THE 350TH SPECTRUM WARFARE WING TO
EA–37B COMPASS CALL AIRCRAFT.
(a) REQUIREMENT.—The Secretary of the Air Force shall ensure
that the 350th Spectrum Warfare Wing can adequately support
the EA–37B Compass Call aircraft, including establishment of an
EA–37 software-in-the-loop and hardware-in-the-loop laboratory for
the 350th Spectrum Warfare Wing for—
(1) the rapid reprogramming of spectrum waveforms;
(2) verification and validation testing of waveforms; and
(3) such other matters as the Secretary considers necessary
for the continued development of the EA–37B to effectively
operate in a nonpermissive spectrum environment.
(b) NOTIFICATION OF NECESSARY TIMEFRAME.—Not later than
March 31, 2026, the Secretary shall submit to the congressional
defense committees a notification of the timeframe necessary to
establish the software-in-the-loop and hardware-in-the-loop labora-
tory under subsection (a).
Subtitle G—Other Matters
SEC. 1691. COOPERATIVE THREAT REDUCTION FUNDS.
(a) FUNDING ALLOCATION.—Of the $282,830,000 authorized to
be appropriated to the Department of Defense for fiscal year 2026
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, $6,249,000.
(2) For chemical security and elimination, $25,292,000.
(3) For global nuclear security, $38,134,000.
(4) For biological threat reduction, $137,686,000.
(5) For proliferation prevention, $47,146,000.
(6) For activities designated as Other Assessments/
Administration Costs, $28,323,000.
(b)
SPECIFICATION
OF
COOPERATIVE
THREAT
REDUCTION
FUNDS.—Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding
S. 1071—489
table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for
fiscal years 2026, 2027, and 2028.
(c) MATTERS CONCERNING BIOLOGICAL THREAT REDUCTION.—
(1) REDUCTION OF HIGHLY PATHOGENIC DISEASES.—In car-
rying out biological threat reduction activities pursuant to sub-
section (a)(4), the Secretary of Defense may not discontinue
activities to reduce the threat of highly pathogenic diseases
consistent with section 1321 of the Department of Defense
Cooperative Threat Reduction Act (50 U.S.C. 3711), including
through the provision of assistance to maintain existing patho-
genic inventory and disease surveillance systems at existing
locations developed under the Program.
(2) REPORT.—The Secretary shall ensure that the report
submitted in fiscal year 2027 under section 1343 of the Depart-
ment of Defense Cooperative Threat Reduction Act (50 U.S.C.
3743(c)(3)) includes a description of the activities and assistance
described in paragraph (1) carried out during fiscal year 2026,
as required by subsection (c)(3) of such section.
SEC. 1692. PROHIBITION ON ACCESS TO DEPARTMENT OF DEFENSE
CLOUD-BASED RESOURCES BY CERTAIN INDIVIDUALS.
(a) ACCESS PROHIBITION.—
(1) PROHIBITION
FOR
INDIVIDUALS
LOCATED
IN
COVERED
NATIONS.—The Secretary of Defense shall prohibit any indi-
vidual physically located in a covered nation from having any
of the accesses described in paragraph (2).
(2) ACCESSES DESCRIBED.—The accesses described in this
paragraph are the following:
(A) Physical access to any facility, hardware, or equip-
ment that hosts or operates a Department of Defense cloud
computing system.
(B) Logical or remote access to a Department of
Defense cloud computing system, including with respect
to management interfaces, virtualization platforms, secu-
rity controls, or monitoring systems.
(C) Logical or remote access to Department of Defense
data or workloads on a Department of Defense cloud com-
puting system, including with respect to applications,
configurations, network architecture, data schemas, secu-
rity settings, access logs or other information that could
compromise the confidentiality, integrity, or availability
of the system, software, or data.
(D) Indirect access to confidential and technical
information not publicly available about a Department of
Defense cloud computing system through observation, docu-
mentation, briefings, or other communication means
(excluding administrative data normally shared to support
business operations and compliance requirements applied
to publicly traded companies).
(b) DEPARTMENT OF DEFENSE GUIDANCE, DIRECTIVES, PROCE-
DURES, REQUIREMENTS, AND REGULATIONS.—The Secretary shall—
(1) review all relevant guidance, directives, procedures,
requirements, and regulations of the Department of Defense,
including the Cloud Computing Security Requirements Guide,
the Security Technical Implementation Guides, and related
instructions of the Department; and
S. 1071—490
(2) make such revisions as may be necessary to ensure
conformity and compliance with subsection (a).
(c) BRIEFINGS.—The Secretary shall provide to the congressional
defense committees briefings on the implementation of this section
as follows:
(1) Not later than June 1, 2026, an initial briefing on
the implementation status, including policies, procedures, and
controls implemented to carry out this section.
(2) Not later than June 1, 2027, and annually thereafter
through 2028, briefings on the implementation progress,
effectiveness of controls, security incidents, and recommenda-
tions for legislative or administrative action.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to prohibit or restrict—
(1) software development activities, including the develop-
ment, modification, or contribution to open-source code and
software; or
(2) collaboration on or access to publicly available open-
source software components that may be incorporated into
Department of Defense cloud computing systems.
(e) DEFINITIONS.—ln this section:
(1) The term ‘‘covered nation’’ has the meaning given that
term in section 4872 of title 10, United States Code.
(2) The term ‘‘Department of Defense cloud computing
system’’ means any cloud computing (as defined by section
239.7601 of the Defense Federal Acquisition Regulation Supple-
ment) environment accredited by the Secretary of Defense for
controlled unclassified information or classified information,
or a cloud computing environment that is a national security
system (as defined by section 3552(b)(6) of title 44).
TITLE XVII—OTHER DEFENSE MATTERS
Sec. 1701. Technical and conforming amendments.
Sec. 1702. Copyright to a literary work produced by a civilian faculty member of
the Uniformed Services University of Health Sciences in the course of
such employment: free use by the Federal Government.
Sec. 1703. Temporary authority for nonimmigrant construction workers on Wake
Island.
Sec. 1704. Mapping and report on strategic ports.
Sec. 1705. Authorization of United States Coast Guard rotary aircraft work at De-
partment of Defense depots.
Sec. 1706. Continual assessment of impact of international state arms embargoes
on Israel and actions to address defense capability gaps.
Sec. 1707. Protection of certain facilities and assets from unmanned aircraft.
SEC. 1701. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) In the chapter analysis for subtitle A, by striking the
item relating to chapter 243 and inserting the following:
‘‘243. Other Matters Relating to Awarding of Contracts ......................... 3341’’.
(2) In the tables of chapters at the beginning of part I
of such subtitle, by striking the item relating to chapter 25
and inserting the following:
‘‘25. Electromagnetic Warfare .........................................................................
500’’.
(3) In section 132a—
(A) in the section heading, by striking ‘‘improvement
officer’’ and inserting ‘‘Improvement Officer’’; and
S. 1071—491
(B) in subsection (c)(1), by striking ‘‘National Defense
Authorization Act of Fiscal Year 2008’’ and inserting
‘‘National Defense Authorization Act for Fiscal Year 2008’’.
(4) In section 139a, by striking ‘‘section 2334’’ each place
it appears and inserting ‘‘section 3221’’.
(5) In section 183a(h)(3), by striking the semicolon and
inserting a comma.
(6) In section 222d(c)—
(A) by inserting ‘‘that term’’ after ‘‘meaning given’’;
and
(B) by inserting ‘‘and Sustainment’’ after ‘‘Under Sec-
retary of Defense for Acquisition’’.
(7) In chapter 9, by redesignating the second section 222e
(relating to unfunded priorities of the Under Secretary of
Defense for Research and Engineering: annual report) as section
222f.
(8) In the section heading for section 430c, by striking
‘‘intelligence oversight official’’ and inserting ‘‘Intelligence
Oversight Official’’.
(9) In section 525(a)(4)(C), by striking the period after
‘‘21’’.
(10) In chapter 40, by redesignating section 711 (relating
to parental leave for members of certain reserve components
of the armed forces) as section 710a (and conforming the table
of contents with respect to the section number and heading).
(11) In subsection (a)(2) of such section 710a, as so redesig-
nated—
(A) in subparagraph (A), by striking ‘‘subparagraph
(A)’’ each place it appears and inserting ‘‘paragraph (1)’’;
and
(B) in subparagraph (B)—
(i) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’;
(ii) by striking ‘‘clause (i)’’ and inserting ‘‘subpara-
graph (A)’’; and
(iii) by striking the semicolon that appears after
the period.
(12) In section 714(b)(6)(A), in the second sentence, by
inserting ‘‘a’’ before ‘‘determination’’.
(13) In section 1143(e)(1), by striking ‘‘(A)’’ and inserting
‘‘(A)’’.
(14) In section 1558(c)(1), by striking the comma after
‘‘Space Force’’.
(15) In section 1749—
(A) in subsection (b)(4), by striking ‘‘emphasizes—’’ and
inserting ‘‘emphasize—’’; and
(B) in subsection (c)—
(i) in the matter preceding paragraph (1), by
inserting ‘‘shall’’ after ‘‘program’’;
(ii) in paragraph (2)—
(I) by striking ‘‘has’’ and inserting ‘‘have’’; and
(II) by striking ‘‘can’’ and inserting ‘‘the ability
to’’; and
(C) in subsection (f), by inserting ‘‘subsection’’ before
‘‘(a)’’ each place it appears.
(16) In section 2107(k), by striking the subsection heading.
S. 1071—492
(17) In section 2218, in each of subsections (c)(1)(D) and
(k)(3)(B), by striking ‘‘section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. 4405)’’ and inserting ‘‘section 57100
of title 46’’.
(18) In section 2818(a), by striking ‘‘contact’’ and inserting
‘‘contract’’.
(19) In section 2819(e), by inserting ‘‘the’’ before ‘‘congres-
sional defense committees’’.
(20) In the tables of chapters at the beginning of part
V of such subtitle, by striking the item relating to chapter
326 and inserting the following:
‘‘327. Weapon Systems Development and Related Matters ..................... 4401’’.
(21) In the tables of chapters at the beginning of part
V of such subtitle, by striking the item relating to chapter
383 and inserting the following:
‘‘383. Development, Application, and Support of Dual-Use Tech-
nologies ................................................................................................... 4831’’.
(22) In the subsection heading for subsection (c) of section
3072, by striking ‘‘EFFORTS’’ and inserting ‘‘INITIATIVES’’.
(23) In section 3601(a)(1)(C), by inserting ‘‘)’’ after ‘‘(22
U.S.C. 2651a(m))’’.
(24) In section 3603(a), by striking ‘‘Such a pathway shall
include the following:’’.
(25) In section 3702(a)(3)(B)(ii), by striking ‘‘offereor’’ and
inserting ‘‘offeror’’.
(26) In section 4127(d)(9), by striking ‘‘pursing’’ and
inserting ‘‘pursuing’’.
(27) In section 4022(e)(1), by striking ‘‘Undersecretary of
Defense’’ each place it appears and inserting ‘‘Under Secretary
of Defense’’.
(28) In chapter 303, by redesignating the second section
4128 (relating to the Joint Federated Assurance Center) as
section 4129.
(29) In section 4663(a), by inserting ‘‘if such entity’’ before
‘‘is a party’’.
(30) In section 4816(b)(6), by inserting ‘‘)’’ after ‘‘title’’.
(31) In section 4872(e)(1), by striking ‘‘the Secretary of
Defense of the Secretary or the Secretary of the military depart-
ment concerned’’ and inserting ‘‘the Secretary of Defense or
the Secretary of the military department concerned’’.
(32) In section 5502, in the section heading, by striking
‘‘defense agency’’ and inserting ‘‘Defense Agency’’.
(33) In section 5513, in the section heading, by striking
‘‘missile defense agency’’ and inserting ‘‘Missile Defense
Agency’’.
(34) In section 5531(b) is amended—
(A) by striking ‘‘paragraph (1)’’ both places it appears
and inserting ‘‘subsection (a)’’;
(B) in paragraph (1), by striking ‘‘subparagraph (B)’’
and inserting ‘‘paragraph (2)’’; and
(C) in paragraph (2), by striking ‘‘subparagraph (A)’’
and inserting ‘‘paragraph (1)’’.
(35) In section 7361(a)(2), by striking ‘‘Vietnam Era’’ and
inserting ‘‘Vietnam era’’.
(36) In section 8679a, by striking ‘‘a foreign adversary
country (as defined in section 4872(d)(2) of title 10, United
S. 1071—493
States Code)’’ and inserting ‘‘a covered nation, as defined in
section 4872(f) of this title’’.
(37) In section 9062a, in the section heading, by striking
the period that appears after ‘‘structure’’.
(38) In section 9361(a)(2), by striking ‘‘Vietnam Era’’ and
inserting ‘‘Vietnam era’’.
(39) In section 9531, in the section heading, by striking
the period that appears after ‘‘Reserve’’.
(40) In section 10216(f), by striking the period that appears
after ‘‘62’’.
(41) In the tables of chapters at the beginning of part
III of subtitle E, by striking the item relating to chapter 1413
and inserting the following:
‘‘1413. Alternative Promotion Authority for Officers in Designated
Competitive Categories .......................................................................15101’’.
(42) In section 14504(b), by striking ‘‘the the Secretary’’
and inserting ‘‘the Secretary’’.
(43) In section 20251(a), by striking ‘‘and’’ before ‘‘14504’’.
(b) 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. COPYRIGHT TO A LITERARY WORK PRODUCED BY A
CIVILIAN FACULTY MEMBER OF THE UNIFORMED SERV-
ICES UNIVERSITY OF HEALTH SCIENCES IN THE COURSE
OF SUCH EMPLOYMENT: FREE USE BY THE FEDERAL
GOVERNMENT.
(a) USE BY FEDERAL GOVERNMENT.—Section 105 of title 17,
United States Code, is amended, in subsection (d)(2)—
(1) by redesignating subparagraphs (L) through (N) as sub-
paragraphs (M) through (O), respectively;
(2) by inserting after subparagraph (K) the following new
subparagraph (L):
‘‘(L) Uniformed Services University of the Health
Sciences.’’.
(b) CONFORMING
AMENDMENTS.—Such section is further
amended, in subsection (c)—
(1) in paragraph (1), by striking ‘‘subparagraphs (A)
through (K) of subsection (d)(2) and subparagraph (L)’’ and
inserting ‘‘subparagraphs (A) through (L) of subsection (d)(2)
and subparagraph (M)’’;
(2) in paragraph (2), by striking ‘‘subsection (d)(2)(L)’’ and
inserting ‘‘subsection (d)(2)(M)’’;
(3) in paragraph (3), by striking ‘‘subsection (d)(2)(M)’’ and
inserting ‘‘subsection (d)(2)(N)’’; and
(4) in paragraph (4), by striking ‘‘subsection (d)(2)(N)’’ and
inserting ‘‘subsection (d)(2)(O)’’.
SEC. 1703. TEMPORARY AUTHORITY FOR NONIMMIGRANT CONSTRUC-
TION WORKERS ON WAKE ISLAND.
(a) AUTHORIZATION.—An alien, if otherwise qualified, may seek
admission to the United States as a nonimmigrant under section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)), notwithstanding the requirement of such sec-
tion that the service or labor be temporary, for a period of up
to 3 years, to perform a service or labor pursuant to a contract
S. 1071—494
or subcontract related to construction, repairs, or renovations con-
nected to, supporting, or associated with, a military installation
on Wake Island.
(b) EXEMPTION
FROM
NUMERICAL
LIMITATIONS.—An alien
admitted pursuant to subsection (a) shall not count against the
numerical limitations set forth in section 214(g) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)).
(c) CANCELLATION OF VISAS FOR MISUSE.—A visa or other docu-
ment authorizing admission of an alien to the United States for
the purpose of performing a service or labor related to construction
on Wake Island shall be canceled if the alien enters an area within
the United States other than Wake Island, Guam, the Common-
wealth of Northern Mariana Islands, or a United States Minor
Outlying Island in the Pacific.
(d) TRANSFERABILITY.—Notwithstanding any other provision of
law—
(1) an alien admitted to Guam pursuant to 6(b)(1) of Public
Law 94–241 (48 U.S.C. 1806(b)(1)) may perform a service or
labor pursuant to a contract or subcontract related to construc-
tion, repairs, or renovations connected to, supporting, or associ-
ated with, a military installation on Wake Island; and
(2) an alien admitted to the Commonwealth of the Northern
Mariana Islands pursuant to 6(b)(1) of Public Law 94–241
(48 U.S.C. 1806(b)(1)) may perform a service or labor pursuant
to a contract or subcontract related to construction, repairs,
or renovations connected to, supporting, or associated with,
a military installation on Wake Island.
(e) PERIOD OF APPLICABILITY.—An alien may seek admission
to the United States pursuant to subsection (a) during the period
beginning on the date of enactment of this section and ending
on December 31, 2030.
SEC. 1704. MAPPING AND REPORT ON STRATEGIC PORTS.
(a) MAPPING AND STRATEGY REQUIRED.—
(1) MAPPING OF GLOBAL PORTS.—The Secretary of State,
in coordination with the Secretary of Defense, shall—
(A) develop an updated, global mapping of foreign and
domestic ports identified to be of importance to the United
States, because of a capability to provide military, diplo-
matic, economic, or resource exploration superiority; and
(B) identify any efforts by the Government of the Peo-
ple’s Republic of China (PRC) or other PRC entities to
build, buy, or otherwise control, directly or indirectly, such
ports.
(2) SUBMISSION
OF
MAP.—The Secretary of State, in
coordination with the Secretary of Defense, shall submit the
mapping developed pursuant to subsection (a) to the appro-
priate congressional committees. Such submission shall be in
unclassified form, but may include a classified annex.
(b) STUDY AND REPORT ON STRATEGIC PORTS.—
(1) STUDY REQUIRED.—The Secretary of State, in coordina-
tion with the Secretary of Defense, shall conduct a study of—
(A) strategic ports;
(B) the reasons such ports are of interest to the United
States;
(C) the activities and plans of the Government of the
People’s Republic of China (PRC) to expand its control
S. 1071—495
over strategic ports outside of the People’s Republic of
China;
(D) the public and private actors, such as China Ocean
Shipping Company, that are executing and supporting the
activities and plans of the Government of the PRC to
expand its control over strategic ports outside of the PRC;
(E) the activities and plans of the Government of the
PRC to expand its control over maritime logistics by pro-
moting products, such as LOGINK, and setting industry
standards outside the PRC;
(F) how the control by the Government of the PRC
over strategic ports outside of the PRC could harm the
national security or economic interests of the United States
and allies and partners of the United States; and
(G) measures the United States Government could take
to ensure open access and security for strategic ports and
offer alternatives to PRC investments or stakes in strategic
ports.
(2) CONDUCT OF STUDY.—The Secretary of State and the
Secretary of Defense may enter into an arrangement with a
federally funded research and development center under which
the center shall conduct the study required under subsection
(a).
(3) REPORT.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of State,
in coordination with the Secretary of Defense, shall submit
to the appropriate congressional committees a report on
the findings of the study conducted under subsection (a).
(B) ELEMENTS.—The report required by paragraph (1)
shall include—
(i) a detailed list of all known strategic ports oper-
ated, controlled, or owned, directly or indirectly, by
the PRC or by a foreign person of the PRC, and an
assessment of the national security and economic
interests relevant to each such port;
(ii) a detailed list of all known strategic ports
operated, controlled, or owned, directly or indirectly,
by the United States or United States persons and
an assessment of the national security and economic
interests relevant to each such port;
(iii) an assessment of vulnerabilities of—
(I) ports operated, controlled, or owned,
directly or indirectly, by the United States; and
(II) strategic ports;
(iv) an analysis of the activities and actions of
the Government of the PRC to gain control or owner-
ship over strategic ports, including promoting products,
such as LOGINK, and setting industry standards;
(v) an assessment of how the Government of the
PRC plans to expand its control over strategic ports
outside of the PRC;
(vi) a suggested strategy, developed in consultation
with the heads of the relevant United States Govern-
ment offices, that suggests courses of action to secure
trusted investment and ownership of strategic ports
and maritime infrastructure, protect such ports and
S. 1071—496
infrastructure from PRC control, and ensure open
access and security for such ports, that includes—
(I) a list of relevant existing authorities that
can be used to carry out the strategy;
(II) a list of any additional authorities nec-
essary to carry out the strategy;
(III) an assessment of products owned by the
Government
of
the
PRC
or
by
an
entity
headquartered in the PRC that are used in connec-
tion with strategic ports or maritime infrastruc-
ture;
(IV) an assessment of the costs to—
(aa) secure such trusted investment and
ownership;
(bb) replace products owned by the
Government
of
the
PRC
or
an
entity
headquartered in the PRC that are used in
connection with such ports; and
(cc) enhance transparency around the
negative impacts of PRC control over strategic
ports; and
(V) a list of funding sources to secure trusted
investment and ownership of strategic ports, which
shall include—
(aa) an identification of private funding
sources; and
(bb) an identification of public funding
sources, including loans, loan guarantees, and
tax incentives; and
(vii) a suggested strategy for Federal agencies to
maintain an up-to-date list of strategic ports.
(viii) an assessment of any national security threat
posed by such investments or activities to United
States diplomatic and defense personnel and facilities
in the vicinity of such ports, including through cyber
threats, electronically enabled espionage, or other
means.
(C) FORM OF REPORT.—The report required by para-
graph (1) shall be submitted in unclassified form, but may
include a classified annex.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, the
Committee on Foreign Relations, and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Transportation and Infrastruc-
ture, the Committee on Energy and Commerce, the Com-
mittee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intel-
ligence of the House of Representatives.
(2) The term ‘‘relevant United States Government offices’’
means—
(A) the Unified Combatant Commands;
(B) the Office of the Secretary of Defense;
(C) the Office of the Secretary of State;
S. 1071—497
(D) the United States International Development
Finance Corporation;
(E) the Office of the Director of National Intelligence;
and
(F) the Maritime Administration of the Department
of Transportation.
(3) The term ‘‘strategic port’’ means an international port
or waterway that the heads of the relevant United States
Government offices determine is critical to the national security
or economic prosperity of the United States.
SEC. 1705. AUTHORIZATION OF UNITED STATES COAST GUARD ROTARY
AIRCRAFT WORK AT DEPARTMENT OF DEFENSE DEPOTS.
(a) IN GENERAL.—On a reimbursable basis and subject to sub-
section (b), the Secretary of Defense is authorized to conduct rotary
aircraft work for the United States Coast Guard at any depot
of the Department of Defense.
(b) CERTIFICATION.—Before the Secretary of Defense may use
the authority under subsection (a) during any fiscal year, the Com-
mandant of the Coast Guard shall submit to the appropriate
congressional committees an annual certification for that year that
includes each of the following:
(1) Certification that the Coast Guard Aviation Logistics
Center has reached or exceeded its capacity to conduct required
maintenance.
(2) Certification that the use of the authority under sub-
section (a) will not have a negative effect on the workforce
of the Coast Guard Aviation Logistics Center.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Armed Services and the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives; and
(2) the Committee on Armed Services and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 1706. CONTINUAL ASSESSMENT OF IMPACT OF INTERNATIONAL
STATE ARMS EMBARGOES ON ISRAEL AND ACTIONS TO
ADDRESS DEFENSE CAPABILITY GAPS.
(a) REQUIREMENT FOR CONTINUOUS ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of State and the Director of National Intel-
ligence, shall conduct a continual assessment of—
(A) the scope, nature, and impact on Israel’s defense
capabilities of current and emerging arms embargoes, sanc-
tions, restrictions, or limitations imposed by foreign coun-
tries or by international organizations; and
(B) the resulting gaps or vulnerabilities in Israel’s secu-
rity posture against shared regional adversaries, such as
Iran and Iranian-backed terrorist groups such as Hamas,
Palestinian Islamic Jihad, and Hezbollah, and its ability
to maintain its qualitative military edge.
(2) FREQUENCY.—The assessment required under para-
graph (1) shall be updated not less than once every 180 days.
(b) POTENTIAL UNITED STATES MITIGATION.—
(1) IDENTIFICATION OF NEEDS.—Each assessment required
under subsection (a) shall also include a determination of spe-
cific defensive capabilities, systems, or technologies that Israel
S. 1071—498
is unable to procure, sustain, or modernize due to arms embar-
goes or restrictions.
(2) UNITED STATES ACTIONS.—The Secretary of Defense,
in coordination with the Secretary of State, shall identify poten-
tial actions the United States may take to mitigate such gaps
in defensive capabilities, including—
(A) addressing barriers to the delivery of defense arti-
cles or services under the foreign military sales program;
(B) to the extent possible without undermining United
States requirements or readiness, leveraging United States
industrial base capacity to provide substitute defensive
capabilities;
(C) expanding joint research, development, and produc-
tion of defense technologies; and
(D) enhancing cooperative training, prepositioning, and
logistics support.
(c) REPORTS TO CONGRESS.—
(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this section, and annually thereafter, the Sec-
retary of Defense shall submit to the congressional defense
committees a report on the findings of the most recent assess-
ment conducted under subsection (a).
(2) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form and may contain a classified
annex.
(d) SUNSET.—The requirement to conduct continual assess-
ments under this section shall terminate 5 years after the date
of enactment of this section.
SEC. 1707. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
Section 130i of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘any provision of title 18’’ and inserting
‘‘section 32, 1030, or 1367 or chapter 119 or 206 of title
18’’; and
(B) by striking ‘‘and’’ after ‘‘officers’’ and inserting a
comma; and
(C) by inserting ‘‘, and contractors’’ after ‘‘civilian
employees’’;
(2) in subsection (b)(1)(B) by inserting ‘‘, including through
the use of remote identification broadcast or other means’’
after ‘‘electromagnetic means’’;
(3) in subsection (c)—
(A) by inserting ‘‘(1)’’ before ‘‘Any’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) Any forfeiture conducted under paragraph (1) shall be
made subject to the requirements for civil, criminal, or administra-
tive forfeiture.’’;
(4) in subsection (d)—
(A) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(C) If the Secretary of Transportation notifies the Secretary
of Defense that the manner of implementation of this section by
the Department of Defense would result in an adverse impact
to civil aviation safety, the Secretary of Defense shall consult with
the Secretary of Transportation to mitigate adverse impacts.’’; and
S. 1071—499
(B) by adding at the end the following new paragraph:
‘‘(3) The Secretary of Defense shall ensure that the regulations
prescribed or guidance issued under paragraph (1) require that,
when taking an action described in subsection (b)(1), all due consid-
eration is given to—
‘‘(A) mitigating impacts on privacy and civil liberties under
the first and fourth amendments to the Constitution of the
United States;
‘‘(B) mitigating damage to, or loss of, real and personal
property;
‘‘(C) mitigating any risk of personal injury or death; and
‘‘(D) when practicable, obtaining the identification of, or
issuing a warning to, the operator of an unmanned aircraft
system or unmanned aircraft prior to taking action under sub-
paragraphs (C) through (F) of subsection (b)(1), unless doing
so would—
‘‘(i) endanger the safety of members of the armed forces
or civilians;
‘‘(ii) create a flight risk or result in the destruction
of evidence; or
‘‘(iii) seriously jeopardize an investigation, criminal pro-
ceeding, or legal proceeding pursuant to subsection (c).’’;
(5) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘or’’ before ‘‘acquisition’’ and
inserting a comma;
(ii) by inserting ‘‘, maintenance, or use’’ after
‘‘acquisition’’;
(iii) by inserting ‘‘first and’’ before ‘‘fourth’’; and
(iv) by striking ‘‘amendment’’ and inserting
‘‘amendments’’;
(B) in paragraph (2), by striking ‘‘a function of the
Department of Defense’’ and inserting ‘‘an action described
in subsection (b)(1)’’; and
(C) in paragraph (3)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘not maintained’’ and inserting ‘‘maintained
only for as long as necessary, and in no event main-
tained’’;
(ii) in subparagraph (A), by striking ‘‘support one
or more functions of the Department of Defense’’ and
inserting ‘‘investigate or prosecute a violation of law
or to directly support an ongoing security operation’’;
and
(iii) in subparagraph (B), by striking ‘‘for a longer
period to support a civilian law enforcement agency
or by any other applicable law or regulation’’ and
inserting ‘‘under Federal law or for the purpose of
any litigation’’;
(6) in paragraph (4)—
(A) by striking subparagraph (A) and inserting the
following new subparagraph (A):
‘‘(A) is necessary to support an ongoing action described
in subsection (b)(1);’’;
(B) in subparagraph (B), by striking ‘‘or’’ after the
semicolon;
S. 1071—500
(C) by redesignating subparagraph (C) as subpara-
graph (D); and
(D) by inserting after subparagraph (B) the following
new subparagraph (C):
‘‘(C) is necessary to support the counter-unmanned air-
craft systems activities of another Federal agency with
authority to mitigate the threat of unmanned aircraft sys-
tems or unmanned aircraft in mitigating such threats; or’’;
(7) by redesignating subsection (j) as subsection (m);
(8) by striking subsection (i);
(9) by redesignating subsection (h) as subsection (j);
(10) by redesignating subsections (f) and (g) as subsections
(g) and (h) respectively;
(11) by inserting after subsection (e) the following new
subsection (f):
‘‘(f) CLAIMS.—Claims for loss of property, injury, or death pursu-
ant to actions under subsection (b) may be made consistent with
chapter 171 of title 28, and chapter 163 of this title, as applicable.’’;
(12) in subsection (h), as redesignated under paragraph
(10) of this section—
(A) in the subsection heading, by striking ‘‘BRIEFINGS’’
and inserting ‘‘REPORTS’’;
(B) by redesignating paragraph (2) as paragraph (3);
(C) in paragraph (1)—
(i) by striking ‘‘2018’’ and inserting ‘‘2026’’;
(ii) by striking ‘‘and the Secretary of Transpor-
tation, shall jointly provide a briefing to the appro-
priate congressional committees on the activities car-
ried out pursuant to this section. Such briefings shall
include—’’ and inserting ‘‘shall submit to the appro-
priate congressional committees and publish on a pub-
licly available website a report summarizing all detec-
tion and mitigation activities conducted under this sec-
tion during the previous year to counter unmanned
aircraft systems.’’; and
(iii) by inserting before subparagraph (A) the fol-
lowing:
‘‘(2) Each report under paragraph (1) shall include—’’; and
(D) in paragraph (3), as redesignated under subpara-
graph (B) of this paragraph, by striking ‘‘but may’’ and
inserting ‘‘and shall’’;
(13) by inserting after subsection (h) the following new
subsection (i):
‘‘(i) BRIEFING, REPORT, AND PUBLICATION.—(1) Not later than
180 days after the date of the enactment of this subsection, and
annually thereafter, the Secretary of Defense shall submit to the
appropriate congressional committees and publish on a publicly
available website a report summarizing all detection and mitigation
activities conducted under this section during the previous year
to counter unmanned aircraft systems.
‘‘(2) Each report under paragraph (1) shall include—
‘‘(A) information on any violation of, or failure to comply
with, the privacy and civil liberties protections referenced in
this section by personnel authorized to conduct detection and
mitigation activities, including a description of any such viola-
tion or failure;
S. 1071—501
‘‘(B) data on the number of detection activities conducted,
the number of mitigation activities conducted, and the number
of instances of communications interception from an unmanned
aircraft system;
‘‘(C) whether any unmanned aircraft that experienced miti-
gation was engaged in or attempting to engage in activities
protected under the first amendment to the Constitution if
such intent is readily and reasonably ascertainable;
‘‘(D) whether any unmanned aircraft or unmanned aircraft
system was properly or improperly seized, disabled, damaged,
or destroyed and an identification of any methods used to
seize, disable, damage, or destroy such aircraft or system; and
‘‘(E) a description of the efforts of the Federal Government
to protect privacy and civil liberties when carrying out detection
and mitigation activities under this section to counter
unmanned aircraft systems.
‘‘(3) Each report required under paragraph (1) shall be sub-
mitted and published in unclassified form, but may include a classi-
fied annex.’’;
(14) by inserting after subsection (j) the following new
subsections:
‘‘(k) INTERAGENCY EXECUTIVE COMMITTEES ON EXECUTION OF
DEPARTMENT
OF
DEFENSE
COUNTER
UNMANNED
AVIATION
AUTHORITY.—(1) The Secretary of Defense, the Attorney General,
and the Administrator of the Federal Aviation Administration shall
jointly establish by memorandum of understanding an interagency
executive committee (referred to in this subsection as the ‘executive
committee’), for the purpose of exchanging views, information, and
advice relating to the execution of this section.
‘‘(2) The memorandum of understanding entered into under
paragraph (1) shall include—
‘‘(A) a description of the officials and other individuals
to be invited to participate as members in the executive com-
mittee;
‘‘(B) a procedure for creating a forum to carry out the
purpose described in paragraph (1);
‘‘(C) a procedure for rotating the Chairperson and meeting
location of the executive committee; and
‘‘(D) a procedure for scheduling regular meetings of the
executive committee no fewer than three times each calendar
year.
‘‘(l) ADDITIONAL ANNUAL REPORT.—Not later than April 1 of
each year this section is in force, the Secretary of Defense shall
submit to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the Senate
a report containing—
‘‘(1) a summary of the use of activities described in sub-
section (b);
‘‘(2) an identification of additional missions of the Depart-
ment of Defense for which the actions described in subsection
(b)(1) are appropriate, as identified by the Secretary and
including the specific list of facilities, installations, or assets,
if any, that would be included if protections described in sub-
section (b)(1) were extended to facilities associated with the
missions in such report;
‘‘(3) an updated copy of the memorandum of understanding
required by subsection (k);
S. 1071—502
‘‘(4) a summary of actions taken by the interagency execu-
tive committee required by subsection (k);
‘‘(5) a summary of recommendations produced by each
member of the interagency executive committee required by
subsection (k), disaggregated by department or agency; and
‘‘(6) a summary of actions taken as a result of meetings
or decisions taken by the interagency executive committee
required by subsection (k) to change procedures, regulations,
guidelines, or other governing instruction of the Department
of Defense relating to the use of authority provided by this
section.’’;
(15) in subsection (m)(3), as redesignated by paragraph
(7) of this section—
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(B) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) The term ‘contractor’ means a person who—
‘‘(A) performs functions that support or carry out
actions authorized in this section pursuant to a contract
or subcontract entered into with an entity of the Depart-
ment of Defense; and
‘‘(B) has completed training for the counter-unmanned
aircraft system the person will use in performance of such
functions, as certified by the Secretary of Defense.’ ’’’; and
(C) in paragraph (4), as redesignated by subparagraph
(A) of this paragraph—
(i) in the matter preceding subparagraph (A), by
striking ‘‘ ‘covered facility or asset’ means any facility
or asset that—’’ and inserting ‘‘ ‘covered facility or
asset—’ ’’;
(ii) in subparagraph (C), by redesignating clauses
(i) through (ix) as subclauses (I) through (IX), respec-
tively;
(iii) by redesignating subparagraphs (A) through
(C) as clauses (i) through (iii);
(iv) by inserting before clause (i), as redesignated
by subparagraph (C) of this paragraph, the following:
‘‘(A) means any facility or asset that—’’;
(v) in subparagraph (A)(iii), as so redesignated—
(I) in subclause VIII, as redesignated by
subparagraph (B) of this paragraph, by striking
‘‘or’’ at the end;
(II) in subclause IX, as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(III) by adding at the end the following new
subclauses:
‘‘(X) the physical security of other installations
or property owned, leased, or operated by the
Department of Defense to which the public is not
permitted regular, unrestricted access, determined
by the Secretary on a site by site basis to be
critical to the national defense and certified as
such to the Secretary of Transportation, the
Attorney General, and the appropriate congres-
sional committees; or
S. 1071—503
‘‘(XI) assistance to Federal, State, or local offi-
cials in responding to incidents involving nuclear,
radiological, biological, or chemical weapons, high-
yield explosives, or related materials or tech-
nologies, as well as support pursuant to section
282 of this title; and’’; and
(vi) by inserting after subparagraph (A) the fol-
lowing new subparagraph:
‘‘(B) includes any persons physically present at any
such facility or asset.’’; and
(16) by inserting after subsection (m) the following new
subsection:
‘‘(n) TERMINATION.—The authority to carry out this section shall
terminate on December 31, 2030.’’.
TITLE XVIII—ACQUISITION REFORM
Subtitle A—Alignment of the Defense Acquisition System
Sec. 1801. Alignment of the defense acquisition system with the needs of members
of the Armed Forces.
Sec. 1802. Establishment of the role of portfolio acquisition executive.
Sec. 1803. Amendments to life-cycle management and product support.
Sec. 1804. Adjustments to certain acquisition thresholds.
Sec. 1805. Modification to acquisition strategy.
Sec. 1806. Matters related to cost accounting standards.
Sec. 1807. Establishment of Project Spectrum.
Subtitle B—Requirements Process Reform
Sec. 1811. Modifications to Joint Requirements Oversight Council.
Sec. 1812. Ensuring successful implementation of requirements reform.
Subtitle C—Matters Relating to Commercial Products and Commercial Services
Sec. 1821. Modifications to relationship of other provisions of law to procurement
of commercial products and commercial services.
Sec. 1822. Modifications to commercial products and commercial services.
Sec. 1823. Modifications to commercial solutions openings.
Sec. 1824. Limitation on required flowdown of contract clauses to subcontractors
providing commercial products or commercial services.
Sec. 1825. Consumption-based solutions.
Sec. 1826. Exemptions for nontraditional defense contractors.
Sec. 1827. Clarification of conditions for payments for commercial products and
commercial services.
Sec. 1828. Review of commercial products and commercial services acquisition ap-
proach.
Subtitle D—Improvements to Acquisition Programs
Sec. 1831. Modifications to procurement for experimental purposes.
Sec. 1832. Modifications to requirements for modular open system approach.
Sec. 1833. Bridging Operational Objectives and Support for Transition program.
Subtitle E—Modifications to Strengthen the Industrial Base
Sec. 1841. Civil Reserve Manufacturing Network.
Sec. 1842. Transition to advanced manufacturing for certain critical readiness
items of supply.
Sec. 1843. Working group on the advanced manufacturing workforce.
Sec. 1844. Collaborative forum to address challenges to and limitations of the de-
fense industrial base.
Sec. 1845. Facility clearance acceleration for members of defense industrial consor-
tiums.
Sec. 1846. Improvements relating to advanced manufacturing.
Sec. 1847. Report on surge capacity in the defense industrial base.
S. 1071—504
Subtitle A—Alignment of the Defense
Acquisition System
SEC. 1801. ALIGNMENT OF THE DEFENSE ACQUISITION SYSTEM WITH
THE NEEDS OF MEMBERS OF THE ARMED FORCES.
(a) OBJECTIVES OF DEFENSE ACQUISITION SYSTEM.—
(1) IN GENERAL.—Section 3102 of title 10, United States
Code, is amended to read as follows:
‘‘§ 3102. Objectives of the defense acquisition system
‘‘(a) IN GENERAL.—The Secretary of Defense shall ensure that
the defense acquisition system expeditiously provides the armed
forces with the capabilities necessary to operate effectively, to
address evolving threats, and to sustain the military advantage
of the United States in the most cost-effective manner practicable.
‘‘(b) GUIDANCE.—The Secretary of Defense shall issue guidance
to carry out subsection (a) and shall ensure that the defense acquisi-
tion system prioritizes the needs of end users and is validated
by direct engagement, experimentation, and iteration. Such guid-
ance shall require the following:
‘‘(1) All activities of the defense acquisition system con-
tribute to the expeditious delivery of capabilities to enhance
the operational readiness of the armed forces and enable the
missions of the Department of Defense.
‘‘(2) A leadership culture and organizational structure that
empowers individuals in the management of the defense
acquisition system and encourages appropriate delegation
authority, collaboration, and mission-focused risk-taking.
‘‘(3) Sufficient numbers of members of the acquisition
workforce to support the defense acquisition system, and that
such members are properly trained and assigned.
‘‘(4) Resource decisions for the defense acquisition system
to prioritize best value and seek to balance life-cycle costs,
schedule, performance, and quantity through continuous trade-
off analysis informed by prototyping and direct feedback from
end users.
‘‘(5) Adoption and integration in the defense acquisition
system of advanced approaches in digital engineering, model-
based engineering, and simulation environments to enable
rapid, iterative designs and technology insertion to maximize
mission outcomes.
‘‘(6) Active pursuit of innovative solutions to enhance
effectiveness of the armed forces and responsiveness to
emerging threats, including the acquisition and integration of
commercial products and commercial services.
‘‘(7) Approaches to workforce training and development
that equally balance emphasis on functional and technical skills
with skills in cross-functional integration, critical thinking, and
innovative approaches that best deliver solutions to operational
problems.’’.
(2) CONFORMING AMENDMENTS.—
(A) UNDER SECRETARY OF DEFENSE FOR ACQUISITION
AND
SUSTAINMENT.—Section 133b(b) of title 10, United
States Code, is amended—
(i) in paragraph (1), by striking ‘‘delivering and
sustaining timely, cost-effective capabilities for the
S. 1071—505
armed forces (and the Department)’’ and inserting
‘‘delivers end-user capabilities with speed and innova-
tion to counter threats and cost-effectively sustain the
military advantage of the United States’’; and
(ii) in paragraph (9)(A), by striking ‘‘defense
acquisition programs’’ and inserting ‘‘the defense
acquisition system, in accordance with the objectives
established pursuant to section 3102 of this title’’.
(B) DIRECTOR
OF
OPERATIONAL
TEST
AND
EVALUA-
TION.—Section 139(b) of title 10, United States Code, as
amended by section 904, is further amended—
(i) by redesignating paragraphs (1) through (7)
as paragraphs (2) through (8), respectively; and
(ii) by inserting before paragraph (2), as so redesig-
nated, the following new paragraph:
‘‘(1) ensure that all operational test and evaluation activi-
ties are aligned with, and are conducted in a manner that
supports, the objectives of the defense acquisition system estab-
lished pursuant to section 3102 of this title;’’.
(C) DIRECTOR
OF
COST
ASSESSMENT
AND
PROGRAM
EVALUATION.—Section 139a(d) of title 10, United States
Code, is amended by inserting ‘‘shall carry out the require-
ments of this section in accordance with the objectives
established pursuant to section 3102 of this title and’’ before
‘‘shall serve’’.
(b) CIVILIAN
MANAGEMENT
OF
THE
DEFENSE
ACQUISITION
SYSTEM.—Section 3103 of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘to ensure the successful
and efficient operation of the defense acquisition system’’ and
inserting ‘‘in accordance with the objectives of the defense
acquisition system established pursuant to section 3102 of this
title’’; and
(2) in subsection (b), by striking ‘‘to ensure the successful
and efficient operation of such elements of the defense acquisi-
tion system.’’ and inserting the following: ‘‘in accordance with
the objectives of the defense acquisition system established
pursuant to section 3102 of this title. In carrying out this
subsection, each service acquisition executive shall—
‘‘(1) implement strategies to adapt rapidly to evolving end-
user requirements, validated through end user engagement;
‘‘(2) use data analytics to manage trade-offs among life-
cycle costs, delivery schedules, performance objectives, technical
feasibility, and procurement quantity objectives to maximize
best value for the end user;
‘‘(3) conduct iterative cycles to develop, test with end-users,
and terminate capabilities that deviate from priorities or signifi-
cantly exceed cost or schedule thresholds;
‘‘(4) notify the Joint Requirements Oversight Council within
30 days after changes to a defense acquisition program that
result in a material difference in capability requirements,
procurement quantities, or delivery schedules;
‘‘(5) assign personnel to critical acquisition positions (as
defined in section 1731 of this title) to build expertise and
accountability, equipping such personnel with strategies to
empower teams, delegate authority, and embrace mission-
focused risk-taking; and
S. 1071—506
‘‘(6) foster mutual transparency and cooperation between
the Government and private sector entities and require
collaboration with such entities to ensure delivery of safe, suit-
able, and effective systems on relevant timelines and on estab-
lished cost baselines.’’.
(c) ACQUISITION-RELATED FUNCTIONS OF SERVICE CHIEFS.—
(1) PERFORMANCE OF CERTAIN ACQUISITION-RELATED FUNC-
TIONS.—Section 3104 of title 10, United States Code, is
amended—
(A) by amending the section heading to read as follows:
‘‘Acquisition-related functions of service chiefs’’; and
(B) in subsection (a)—
(i) by striking the ‘‘Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of
the Air Force, the Commandant of the Marine Corps,
and the Chief of Space Operations assist’’ and inserting
‘‘service chiefs assist’’;
(ii) by inserting ‘‘, in accordance with the objectives
established pursuant to section 3102 of this title,’’ after
‘‘Secretary of the military department concerned’’; and
(iii) by amending paragraphs (1) through (7) to
read as follows:
‘‘(1) The development of capability requirement statements
for equipping the armed force concerned that—
‘‘(A) describes the operational problem to provide nec-
essary context for the capability requirement;
‘‘(B) proposes nonprescriptive solutions to operational
problems; and
‘‘(C) ensures system interoperability, where appro-
priate, between and among joint military capabilities (as
defined in section 181 of this title).
‘‘(2) Implement strategies to support timely adjustments
to capability requirement statements developed in paragraph
(1).
‘‘(3) Advise on trade-offs among life-cycle costs, delivery
schedules, performance objectives, technical feasibility, and
procurement quantity objectives to maximize best value for
the end user.
‘‘(4) In consultation with the Joint Requirements Oversight
Council, prioritize—
‘‘(A) capability needs for investment; and
‘‘(B) resource allocation to meet operational readiness
requirements (as defined in section 4324 of this title) and
the materiel readiness objectives established under section
118(c) of this title.
‘‘(5) Make available appropriate personnel to provide end-
user feedback for the development of new capabilities.
‘‘(6) Recommend modification, discontinuation, or termi-
nation of the development of capabilities—
‘‘(A) that no longer align with a capability requirement
established by the Secretary of Defense; or
‘‘(B) that are experiencing significant cost growth, tech-
nical or performance deficiencies, or delays in schedule.
‘‘(7) Build acquisition career paths for officers and personnel
(as required by section 1722a of this title) to ensure such
S. 1071—507
officers and personnel have the necessary skills and opportuni-
ties for career progression to fulfill the objectives established
pursuant to section 3102 of this title.’’.
(2) ADHERENCE
TO
REQUIREMENTS
IN
MAJOR
DEFENSE
ACQUISITION
PROGRAMS.—Section 3104(b) of such title is
amended—
(A) in paragraph (1)—
(i) by striking ‘‘the program capability document
supporting a Milestone B or subsequent decision’’ and
inserting ‘‘any requirements document’’; and
(ii) by striking ‘‘chief of the armed force concerned’’
and inserting ‘‘service chief concerned’’; and
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘‘Chief of the armed force con-
cerned’’ and inserting ‘‘service chief concerned’’;
and
(II) by striking ‘‘chiefs of the armed force con-
cerned’’ and inserting ‘‘service chiefs concerned’’;
(ii) in subparagraph (A), by striking ‘‘prior to entry
into the Materiel Solution Analysis Phase under
Department of Defense Instruction 5000.02’’; and
(iii) in subparagraph (B), by striking ‘‘cost,
schedule, technical feasibility, and performance trade-
offs’’ and inserting ‘‘life-cycle cost, delivery schedule,
performance
objective,
technical
feasibility,
and
procurement quantity trade-offs’’.
(3) DEFINITIONS.—Section 3104(d) of such title is amended
to read as follows:
‘‘(d) REQUIREMENTS DOCUMENT DEFINED.—In this section, the
term ‘requirements document’ means a document that establishes
the need for a materiel approach to address an operational
problem.’’.
(d) IMPLEMENTATION.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall revise
Department of Defense Directive 5000.01 and any other relevant
instructions, policies, or guidance to carry out the requirements
of this section and the amendments made by this section.
(e) TECHNICAL AMENDMENTS.—
(1) Section 3101 of title 10, United States Code, is amended
to read as follows:
‘‘§ 3101. Definitions
‘‘In this chapter:
‘‘(1) The term ‘best value’ means, with respect to an acquisi-
tion, the optimal combination of cost, quality, technical capa-
bility or solution quality, and delivery schedule.
‘‘(2) The term ‘capability requirement’ means a capability
that is critical or essential to address an operational problem.
‘‘(3) The term ‘cost-effective’ means, with respect to an
acquisition, delivering superior end-user results at equal or
lower cost compared to alternatives.
‘‘(4) The term ‘operational problem’ means—
‘‘(A) a challenge of a military department in achieving
an assigned military objective based on current doctrine,
emerging threats, or future concepts; and
S. 1071—508
‘‘(B) may include limitations in capabilities, capacity,
resources, or the ability to effectively and efficiently coordi-
nate across the joint force, with another combatant com-
mand, or among military capabilities.
‘‘(5) The term ‘service chief’ means—
‘‘(A) the Chief of Staff of the Army, with respect to
matters concerning the Army;
‘‘(B) the Chief of Naval Operations, with respect to
matters concerning the Navy;
‘‘(C) the Commandant of the Marine Corps, with
respect to matters concerning the Marine Corps;
‘‘(D) the Chief of Staff of the Air Force, with respect
to matters concerning the Air Force; and
‘‘(E) the Chief of Space Operations, with respect to
matters concerning the Space Force.’’.
(2) Section 3001(c) of title 10, United States Code, is
amended by striking ‘‘this section’’ and inserting ‘‘this part’’.
SEC. 1802. ESTABLISHMENT OF THE ROLE OF PORTFOLIO ACQUISI-
TION EXECUTIVE.
(a) IN GENERAL.—Subchapter III of chapter 87 of title 10,
United States Code, is amended by inserting after section 1731
the following new section:
‘‘§ 1732. Portfolio acquisition executive
‘‘(a) IN GENERAL.—A portfolio acquisition executive is the senior
acquisition official designated by the component acquisition execu-
tive or the service acquisition executive of the military department
concerned, as applicable, to lead a portfolio of capabilities, with
authority for plans, budgets, and execution of programs assigned
to the portfolio, including life-cycle management.
‘‘(b)
REPORTING
RELATIONSHIPS.—To
ensure
streamlined
accountability for management, the following relationships shall
apply:
‘‘(1) Each program manager (as defined in section 1737
of this title) for a defense acquisition program shall report
directly to the portfolio acquisition executive for such program
unless otherwise directed by the component acquisition execu-
tive or service acquisition executive of the military department
concerned (as applicable).
‘‘(2) Each portfolio acquisition executive shall report directly
to the component acquisition executive or the service acquisition
executive of the military department concerned (as applicable).
‘‘(3) The component acquisition executive or service acquisi-
tion executive of the military department concerned (as
applicable) shall oversee the designation of, performance of,
and resource allocation for all portfolio acquisition executives.
‘‘(c) RESPONSIBILITIES.—For the defense acquisition programs
assigned to a portfolio acquisition executive, such portfolio acquisi-
tion executive shall—
‘‘(1) ensure that activities carried out under such programs
are aligned with, and are conducted in a manner that supports,
the objectives of the defense acquisition system established
pursuant to section 3102 of this title;
‘‘(2) subject to the authority, direction, and control of the
component acquisition executive or service acquisition executive
of the military department concerned (as applicable)—
S. 1071—509
‘‘(A) carry out all powers, functions, and duties of the
component acquisition executive or service acquisition
executive concerned (as applicable) with respect to mem-
bers of the acquisition workforce assigned to the portfolio
acquisition executive; and
‘‘(B) ensure that the policies of the Secretary of Defense
The text is cut here.