Text of US SB 2296 (2025)
National Defense Authorization Act for Fiscal Year 2026 COUNTER Act of 2025 Combating PRC Overseas and Unlawful Networked Threats through Enhanced Resilience Act of 2025 Holding Foreign Insiders Accountable Act PAID OFF Act of 2025 Preventing Adversary Influence, Disinformation, and Obscured Foreig…
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As introduced
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II
Calendar No. 115
119TH CONGRESS
1ST SESSION
S. 2296
[Report No. 119–39]
To authorize appropriations for fiscal year 2026 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JULY 15, 2025
Mr. WICKER, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2026 for military
activities of the Department 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 Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘National Defense Au-
4
thorization Act for Fiscal Year 2026’’.
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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
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CONTENTS.
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(a) DIVISIONS.—This Act is organized into four divi-
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sions as follows:
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(1) Division A—Department of Defense Au-
5
thorizations.
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(2) Division B—Military Construction Author-
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izations.
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(3) Division C—Department of Energy Na-
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tional Security Authorizations and Other Authoriza-
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tions.
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(4) Division D—Funding Tables.
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(b) TABLE OF CONTENTS.—The table of contents for
13
this Act is as follows:
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Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Strategy for Army tactical wheeled vehicle program.
Subtitle C—Navy Programs
Sec. 121. Procurement authority for Columbia-class submarine program.
Sec. 122. Procurement authorities for Medium Landing Ships.
Sec. 123. Recapitalization of Navy waterborne security barriers; modification of
prohibition on availability of funds for legacy waterborne secu-
rity barriers.
Sec. 124. Modification to limitations on Navy medium and large unmanned sur-
face vessels.
Sec. 125. Limitation on availability of funds for TAGOS ship program.
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Sec. 126. Limitation on availability of funds relating to amphibious warfare
ship requirement.
Sec. 127. Temporary unavailability of amphibious warfare ships.
Subtitle D—Air Force Programs
Sec. 131. B–21 bomber aircraft program accountability matrices.
Sec. 132. Bomber aircraft force structure and transition roadmap.
Sec. 133. Requirement for an intelligence, surveillance, and reconnaissance
roadmap for the Air Force.
Sec. 134. Annual report on Department of Defense unified datalink strategy.
Sec. 135. Plan for open mission systems of F–35 aircraft.
Sec. 136. Modification of prohibition on retirement of F–15E aircraft.
Sec. 137. Prohibition on retirement of A–10 aircraft.
Sec. 138. Extension of limitations and minimum inventory requirement relating
to RQ–4 aircraft.
Sec. 139. Expansion of air refueler fleet.
Sec. 140. Requirements relating to C–130 aircraft.
Sec. 141. Information on future large and oversized air cargo transportation
services.
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. Modifications to defense research capacity building program.
Sec. 212. Program for the enhancement of the research, development, test, and
evaluation centers of the Department of Defense.
Sec. 213. Extension of authority for assignment to Defense Advanced Research
Projects Agency of private sector personnel with critical re-
search and development expertise.
Sec. 214. Limitation on use of funds for certain Navy software.
Sec. 215. Limitation on availability of funds for Under Secretary of Defense for
Research and Engineering.
Sec. 216. Prohibition on contracts between certain foreign entities and institu-
tions of higher education conducting Department of Defense-
funded research.
Sec. 217. Western regional range complex demonstration.
Sec. 218. Modification of requirement for Department of Defense policies for
management and certification of Link 16 military tactical data
link network.
Sec. 219. Advanced robotic automation for munitions manufacturing.
Sec. 220. Dual-use and defense advanced manufacturing innovation hubs.
Sec. 220A. Advanced manufacturing and additive manufacturing programs.
Sec. 220B. Improvements relating to advanced manufacturing.
Sec. 220C. Limitation on availability of funds for fundamental research collabo-
ration with certain academic institutions.
Subtitle C—Plans, Reports, and Other Matters
Sec. 221. Catalyst Pathfinder Program.
Sec. 222. Extension of period for annual reports on critical technology areas
supportive of the National Defense Strategy.
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Sec. 223. Evaluation of additional test corridors for hypersonic and long-range
weapons.
Sec. 224. Technical correction.
Sec. 225. Congressionally directed programs for test and evaluation oversight.
Sec. 226. Prohibition on modification of indirect cost rates for institutions of
higher education and nonprofit organizations.
Sec. 227. Enhance international coordination for advanced manufacturing tech-
niques, technologies, and adoption.
Subtitle D—Biotechnology
Sec. 231. Biotechnology Management Office.
Sec. 232. Department of Defense biotechnology strategy.
Sec. 233. Defining guidelines and policies on the use of biotechnology for the
Armed Forces.
Sec. 234. Enhancement of international biodefense capacity.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Department of Defense guidelines regarding implementation of the
National Environmental Policy Act of 1969.
Sec. 312. Requirement to support training on wildfire prevention and response.
Sec. 313. Use of solid waste disposal systems by Department of Defense.
Sec. 314. Modification of availability and use of energy cost savings.
Sec. 315. Authority of Department of Defense to destroy or dispose of
perfluoroalkyl or polyfluoroalkyl substances.
Sec. 316. Modification to restriction on procurement or purchasing of personal
protective equipment for firefighters containing perfluoroalkyl
substances or polyfluoroalkyl substances.
Sec. 317. Provision of bottled water to communities with private drinking water
contaminated with perfluoroalkyl and polyfluoroalkyl sub-
stances from activities of Department of Defense.
Sec. 318. Repeal of prohibition on procurement by Department of Defense of
certain
items
containing
perfluorooctane
sulfonate
or
perfluorooctanoic acid.
Sec. 319. Repeal of temporary moratorium on incineration by Department of
Defense of perfluoroalkyl substances, polyfluoroalkyl sub-
stances, and aqueous film forming foam.
Sec. 320. Interim responses to address releases or threatened releases of
perfluoroalkyl and polyfluoroalkyl substances.
Subtitle C—Logistics and Sustainment
Sec. 321. Surface ship sustainment and readiness.
Sec. 322. Technology enhancement for surface ship maintenance.
Sec. 323. Delegation to United States Transportation Command of mitigating
vulnerabilities and risks associated with contested logistics for
Department of Defense.
Sec. 324. Requirements for Department of Defense aircraft operations near
commercial airports.
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Sec. 325. Extension and modification of semiannual briefings on operational
status of amphibious warship fleet.
Sec. 326. Prohibition on closure of Army organic industrial base sites.
Sec. 327. Establishment of Defense Personal Property Management Office
under Office of the Under Secretary of Defense for Personnel
and Readiness.
Sec. 328. Integration of commercially available artificial intelligence capabilities
into logistics operations.
Sec. 329. Pilot program on arsenal workload sustainment.
Subtitle D—Reports
Sec. 331. Modification of report on improved oversight for implementation of
Shipyard Infrastructure Optimization Program of the Navy.
Sec. 332. Modification of readiness report to include summary count of certain
mishaps.
Sec. 333. Annual report on funding and status of interim remedial actions of
Department of Defense relating to perfluoroalkyl and
polyfluoroalkyl substances.
Subtitle E—Other Matters
Sec. 341. Provision of sports foods and third-party certified dietary supple-
ments to members of the United States Special Operations
Command.
Sec. 342. Limitation on use of funds to establish or expand Space Force Spe-
cial Operations Component Command.
Sec. 343. Requirements for contracts relating to permanent change of station
moving process.
Sec. 344. Limitation on transformation by the Army of primary helicopter
training program at Fort Rucker, Alabama.
Sec. 345. Conveyance of certain aircraft from Air Force to Arizona Aviation
Historical Group, Phoenix, Arizona.
Sec. 346. Limitation on use of funds by the Army until submittal of plan to
integrate Joint Munitions Command and Army Sustainment
Command.
Sec. 347. Limitation on use of certain funds of the Air Force until acquisition
strategy submitted to maintain Airborne Command Post capa-
bility.
Sec. 348. Pilot program for contracted amphibious air resources for the area
of responsibility of the United States Indo-Pacific Command.
Sec. 349. Naming of certain assets of the Department of Defense in the Com-
monwealth of Virginia.
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.
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Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Statutory adjustment to reflect transfer of certain general officer bil-
lets from the Air Force to the Space Force.
Sec. 502. Notice of removal of Judge Advocates General.
Sec. 503. Qualifications for judge advocates.
Sec. 504. Modification of waiver authority related to joint qualified officer re-
quirement prior to promotion to general or flag grade.
Sec. 505. Notification of removal of officers from selection board reports and
promotion lists.
Sec. 506. Space Force general officer management.
Sec. 507. 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.
Subtitle B—Reserve Component Management
Sec. 511. Expansion of authority to waive limitations on release of reserves
from active duty within two years of retirement eligibility.
Sec. 512. Disestablishment of Navy Reserve Center system.
Sec. 513. National Guard personnel authorities.
Sec. 514. National Guard personnel disaster response duty.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Chief of Naval Personnel.
Sec. 522. Enhanced efficiency and service discretion for Disability Evaluation
System reviews.
Sec. 523. Technical correction related to convalescent leave for academy cadets
and midshipmen.
Sec. 524. Recognition of remotely piloted aircraft crew.
Subtitle D—Military Justice and Other Legal Matters
Sec. 531. Notification of military sex offenders at military installations.
Sec. 532. Quarterly reports on sexual assault prevention and response efforts.
Subtitle E—Member Education, Training, and Transition
Sec. 541. Military service academy nominations.
Sec. 542. Asynchronous instruction in distance education option for profes-
sional military education.
Sec. 543. Army University.
Sec. 544. Integration of the Secretary of Defense Strategic Thinkers Program.
Sec. 545. Improvements to information-sharing to support individuals retiring
or separating from the Armed Forces.
Sec. 546. Mandatory training on government ethics and national security law.
Sec. 547. Prohibition on consideration of race, sex, color, ethnicity, national ori-
gin, or religion in service academy admissions decisions.
Sec. 548. Prohibition on participation of males in athletic programs or activities
at the military service academies that are designated for
women or girls.
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Sec. 549. Pathway for cadets and midshipmen to play professional sports.
Subtitle F—Military Family Readiness and Dependents’ Education
PART I—DEPENDENTS’ EDUCATION
Sec. 551. Certain assistance to local educational agencies that benefit depend-
ents of military and civilian personnel.
Sec. 552. Management of special education in schools operated by Department
of Defense Education Activity.
Sec. 553. Enrollment of children of certain American Red Cross employees in
defense dependents’ education system.
Sec. 554. Regulations on the use of portable electronic mobile devices in De-
partment of Defense Education Activity schools.
Sec. 555. Administration of college admissions tests by the Department of De-
fense Education Activity.
Sec. 556. Support for expanding early child care options for members of the
Armed Forces and their families.
Sec. 557. Improved counseling and access to information relating to foster care
for military families.
Sec. 558. Pilot program on recruitment and retention of employees for child de-
velopment programs.
Sec. 559. Report on unmet need for child care in areas with significant popu-
lations of members of the Armed Forces.
PART II—OTHER MATTERS
Sec. 561. Legal assistance for guardianship transfers.
Subtitle G—Junior Reserve Officers’ Training Corps
Sec. 571. Junior Reserve Officers’ Training Corps instructor qualifications.
Sec. 572. Temporary authority to provide bonuses to Junior Reserve Officers’
Training Corps instructors.
Sec. 573. Number of Junior Reserve Officers’ Training Corps units.
Subtitle H—Decorations and Other Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Honorary promotions on the initiative of the Department of Defense.
Sec. 582. National Week of Military Recruitment.
Sec. 583. Clarifying the calculation of enlistments for persons whose score on
the Armed Forces Qualification Test is below a prescribed level
for the future servicemember preparatory course.
Sec. 584. Recruiter access to secondary schools.
Sec. 585. Compliance with travel charge card deactivation requirements.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Modifications to calculation of basic allowance for subsistence for en-
listed members.
Sec. 602. Inclusion of descriptions of types of pay on pay statements.
Sec. 603. Increased awareness and improved calculation of rates for basic al-
lowance for housing.
Sec. 604. Military compensation educational campaign.
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Subtitle B—Special and Incentive Pay
Sec. 611. Reviews of designations of imminent danger pay areas.
Sec. 612. Implementation of aviation incentive pay for members of reserve com-
ponents.
Sec. 613. Pilot program on improving retention of members with degrees in
their fields of specialty.
Subtitle C—Other Matters
Sec. 621. Extension of enhanced authority for selective early retirement and
early discharges.
Sec. 622. Extension of temporary early retirement authority.
Sec. 623. Extension of authority to provide voluntary separation pay and bene-
fits.
Sec. 624. Designation of United States Army Garrison Kwajalein Atoll as re-
mote and isolated military installation.
Sec. 625. Designation of Creech Air Force Base as a remote or isolated instal-
lation.
Sec. 626. Provision of counseling on housing for members of the Armed Forces.
Sec. 627. Program to provide Government-funded transportation for certain
members of the Armed Forces stationed overseas.
Sec. 628. Prohibition on procurement and commissary sales of seafood origi-
nating or processed in the People’s Republic of China.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE, Brain Health, and Other Health Care Benefits
Sec. 701. Inclusion of additional requirements in notifications to modify scope
of services provided at military medical treatment facilities.
Sec. 702. Expansion of eligibility for hearing aids to include children of retired
members of the Uniformed Services enrolled in family coverage
under TRICARE Select.
Sec. 703. Assessment of behavioral health and social health conditions of mili-
tary personnel and their families assigned to Creech Air Force
Base, Nevada.
Sec. 704. Authority to provide sexual assault medical forensic examinations on
a nonreimbursable basis to certain otherwise ineligible individ-
uals.
Sec. 705. Fertility treatment for certain members of the uniformed services and
dependents.
Sec. 706. Restriction on performance of sex change surgeries.
Subtitle B—Health Care Administration
Sec. 711. Codification of position of Director of the Defense Health Agency.
Sec. 712. Establishment of policies for priority assignment of medical personnel
of Department of Defense.
Sec. 713. Graduate medical education partnership demonstration program.
Sec. 714. Modification of administration of medical malpractice claims by mem-
bers of the uniformed services.
Sec. 715. Improvement of transition of medics in the Armed Forces to the civil-
ian workforce in health care occupations.
Sec. 716. Improvement of provider directory accuracy for specialty care pro-
viders under the TRICARE program.
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Sec. 717. Review of disclosure requirements under processes and forms relating
to health care provider credentialing and privileging of Depart-
ment of Defense.
Subtitle C—Reports and Other Matters
Sec. 721. Strategic infectious disease medical research plan.
Sec. 722. Extension of authority for Joint Department of Defense–Department
of Veterans Affairs Medical Facility Demonstration Fund.
Sec. 723. Pilot program on wastewater surveillance system of Department of
Defense.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Transition of program executive officer role to portfolio acquisition
executive.
Sec. 802. Capstone requirements.
Sec. 803. Modification to acquisition strategy.
Sec. 804. Modifications to modular open systems approach.
Sec. 805. Alternative test and evaluation pathway for designated defense acqui-
sition programs.
Sec. 806. Department of Defense member of Cost Accounting Standards
Board.
Sec. 807. Combatant command experimentation authority.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 821. Modification to nontraditional defense contractor definitions.
Sec. 822. Financing for covered activities.
Sec. 823. Exemptions for nontraditional defense contractors.
Sec. 824. Modifications to treatment of certain products and services as com-
mercial products and commercial services.
Sec. 825. Modifications to commercial products and commercial services.
Sec. 826. Modifications to commercial solutions openings.
Sec. 827. Modifications to other transactions.
Sec. 828. Modifications to procurement for experimental purposes.
Sec. 829. Consumption-based solutions.
Sec. 830. Modifications to prohibition on contracting with persons that have
fossil fuel operations with the Government of the Russian Fed-
eration or the Russian energy sector.
Sec. 831. Modifications to relationship of other provisions of law to procure-
ment of commercial products and commercial services.
Sec. 832. Limitation on required flowdown of contract clauses to subcontractors
providing commercial products or commercial services.
Sec. 833. References in contracts to Department of Defense policy documents,
instructions, and manuals.
Sec. 834. Uninsurable risk on certain contracts.
Sec. 835. Reporting of price increases.
Sec. 836. Instructions for continued operational readiness.
Sec. 837. Indemnification of contractors against nuclear and unusually haz-
ardous risks.
Sec. 838. Late submission of cost and pricing data as invalid defense to con-
tract price reductions for defective cost or pricing data.
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Sec. 839. Modifications to submissions of cost or pricing data.
Subtitle C—Industrial Base Matters
Sec. 841. Repeal of limitations on certain Department of Defense Executive
Agent authority.
Sec. 842. Small unmanned aircraft system industrial base remediation plan.
Sec. 843. Application of national security waiver for strategic materials
sourcing requirement to sensitive materials.
Sec. 844. Prohibition on acquisition of clothing and fabric from countries of
concern under domestic-sourcing waivers.
Sec. 845. Mitigation of risks related to foreign ownership, control, or influence
of Department of Defense contractors or subcontractors.
Sec. 846. Prohibition of procurement of molybdenum, gallium, or germanium
from non-allied foreign nations and authorization for produc-
tion from recovered material.
Sec. 847. Sourcing options for certain critical products.
Sec. 848. Prohibiting the purchase of photovoltaic modules or inverters from
Foreign Entities of Concern.
Sec. 849. Modernization of Army arsenals.
Sec. 849A. Modifications to Defense Industrial Base Fund.
Subtitle D—Small Business Matters
Sec. 851. APEX Accelerators.
Subtitle E—Other Matters
Sec. 861. Clarification of procurement prohibition related to acquisition of ma-
terials mined, refined, and separated in certain countries.
Sec. 862. Independent study on the acquisition workforce of the Department of
Defense.
Sec. 863. Expedited acceptance program for supply chain illumination.
Sec. 864. Simultaneous conflicts critical munitions report.
Sec. 865. Permanent extension and modification of demonstration and proto-
typing program to advance international product support capa-
bilities in a contested logistics environment.
Sec. 866. Estimate of ally and partner demand for United States-produced mu-
nitions and specified expendables.
Sec. 867. Reform of contractor performance information requirements.
Sec. 868. Repeals of existing law to streamline the defense acquisition process.
Sec. 869. Enhancement of defense supply chain resilience and secondary source
qualification.
Sec. 870. Enhanced product support management for integrated sustainment of
weapon systems.
Sec. 871. Modifications to current defense acquisition requirements.
Sec. 872. Minimum production levels for munitions.
Sec. 873. Processes for incentivizing contractor expansion of sources of supply.
Sec. 874. Duty-free entry of supplies procured by Department of Defense.
Sec. 875. Other transaction authority reporting.
Sec. 876. Assessment of competitive effects of defense contractor transactions.
Sec. 877. Evaluation of TP-Link telecommunications equipment for designation
as covered telecommunications equipment or services.
Sec. 878. Country-of-origin disclosure requirements for generic drugs purchased
by the Department of Defense.
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Sec. 879. Phase-out of computer and printer acquisitions involving entities
owned or controlled by China.
Sec. 880. Prohibition on operation, procurement, and contracting related to for-
eign-made additive manufacturing machines.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Economic Defense Unit.
Sec. 902. Additional authorities for Office of Strategic Capital.
Sec. 903. Modifications to responsibilities of Director for Operational Test and
Evaluation.
Sec. 904. Directive authority for matters for which Under Secretary of Defense
for Research and Engineering has responsibility.
Sec. 905. Modification of energetic materials strategic plan and investment
strategy of Joint Energetics Transition Office.
Sec. 906. Limitation on availability of funds pending establishment of Joint
Energetics Transition Office.
Sec. 907. Modification of covered technology categories for Office of Strategic
Capital.
Sec. 908. Modification of organization and authorities of Assistant Secretaries
of Defense with duties relating to industrial base policy and
readiness.
Subtitle B—Other Department of Defense Organization and Management
Matters
Sec. 911. Modifications to Joint Requirements Oversight Council.
Sec. 912. Transfer of responsibility for countering small unmanned aircraft sys-
tems.
Sec. 913. Study on feasibility and advisability of establishing a Joint Capabili-
ties and Programming Board.
Sec. 914. Briefing on restructuring of Army Futures Command and Training
and Doctrine Command.
Sec. 915. Designation of senior official for military-to-civilian transition.
Sec. 916. Removal of members of Joint Chiefs of Staff.
Sec. 917. Longer term and eligibility for appointment to rank of Admiral of
Commander of Naval Sea Systems Command.
Sec. 918. Delay of disestablishment of Navy Expeditionary Combat Command
Pacific.
Sec. 919. Limitation on use of funds for consolidation, disestablishment, or
elimination of geographic combatant commands.
Sec. 920. Elimination of statutory provisions relating to diversity, equity, and
inclusion in the Department of Defense.
Sec. 921. Defense Science Board study on optimal organizational structure for
digital engineering solutions.
Sec. 922. Establishment of Advanced Nuclear Transition Working Group.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Amendments and repeals to budgetary requirements for defense ac-
quisition.
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Sec. 1003. Briefing on beginning balance issues for audit purposes.
Sec. 1004. Defense Business Audit Remediation Plan reporting.
Subtitle B—Naval Vessels
Sec. 1011. Requirements related to Medium Landing Ships and Light Replen-
ishment Oilers.
Sec. 1012. Modification of authority to purchase used vessels under the Na-
tional Defense Sealift Fund.
Sec. 1013. Exemption of unmanned surface vessels and unmanned underwater
vehicles from certain technical authority requirements.
Sec. 1014. Prohibition on retiring and decommissioning oceanographic research
vessels of the Navy.
Sec. 1015. Report accompanying requests for new flights or blocks of major
shipbuilding programs.
Sec. 1016. Report on auxiliary vessel co-production.
Sec. 1017. Report on vessel leasing program.
Sec. 1018. Pilot program on use of automated shipbuilding technologies and ca-
pabilities.
Subtitle C—Counterterrorism
Sec. 1021. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to the United States.
Sec. 1022. Extension of prohibition on use of funds to construct or modify fa-
cilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to certain countries.
Sec. 1024. Extension of prohibition on use of funds to close or relinquish con-
trol of United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1025. Clarification regarding definition of individual detained at Guanta-
namo.
Subtitle D—Miscellaneous Authorities and Limitations
Sec. 1031. Prohibition on use of funds to support entertainment projects with
ties to the Government of the People’s Republic of China.
Sec. 1032. Prohibition on destruction or scrapping of World War II–era air-
craft.
Sec. 1033. Support for counterdrug activities and activities to counter
transnational organized crime.
Sec. 1034. Senior leaders of the Department of Defense and other specified
persons: authority to provide protection.
Sec. 1035. Notification of the use of military aircraft for immigration enforce-
ment operations.
Sec. 1036. Modification of requirements relating to support of civil authorities
by Armed Forces.
Sec. 1037. Prohibition on operation of connected vehicles designed, developed,
manufactured, or supplied by persons owned by, controlled by,
or subject to the jurisdiction of a foreign entity of concern on
Department of Defense property.
Subtitle E—Studies and Reports
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Sec. 1041. Annual report on contract cancellations.
Sec. 1042. Streamlining of total force reporting requirements.
Sec. 1043. Report on National Guard sexual assault prevention and response
training.
Sec. 1044. Reports to Congress on Department of Defense support for immi-
gration enforcement operations.
Sec. 1045. Military Sealift Command.
Sec. 1046. Report on aliens held at installations of Department of Defense.
Sec. 1047. Briefing on expenditures or planned expenditures of funds allocated
for exploration and development of existing Arctic infrastruc-
ture.
Subtitle F—Other Matters
Sec. 1051. Modification of limitation on assistance in support of Department of
Defense accounting for missing United States Government per-
sonnel.
Sec. 1052. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain H–2B nonimmigrants.
Sec. 1053. Prohibiting Secretary of Defense from developing voting technology
or methodology.
Sec. 1054. Assessment of the feasibility and advisability of using personnel of
the Department of Defense to support U.S. Customs and Bor-
der Protection.
Sec. 1055. Limitation on availability of funds for travel expenses of the Office
of the Secretary of Defense.
Sec. 1056. Department of Defense sensitive activities.
Sec. 1057. Irregular Warfare Exercise Laboratory.
Sec. 1058. Semiannual report on Department of Defense operations at the
southern land border.
Sec. 1059. University-based secure innovation incubator program of Depart-
ment of Defense.
Sec. 1060. Priority consideration of energy projects that are likely to experience
significant temporal impact due to seasonal Arctic climate con-
ditions.
Sec. 1061. Non-Reimbursable Support for Afghanistan War Commission.
Sec. 1062. Contracting authority for Afghanistan War Commission.
Sec. 1063. Commission on the National Defense Strategy.
Sec. 1064. Provision by Air Force of meteorological and environmental services
for intelligence community.
Sec. 1065. Expansion of Individual Longitudinal Exposure Record.
Sec. 1066. Classification of Nevada Test and Training Range as location where
contamination occurred and members of the Armed Forces
were exposed to toxic substances.
Subtitle G—Defense Workforce Integration
Sec. 1081. Integration of military and civilian hiring processes.
Sec. 1082. Provision of information on career opportunities in the defense in-
dustrial base to persons ineligible for military service.
Sec. 1083. Provision to Navy personnel of information on career opportunities
at Military Sealift Command.
Sec. 1084. Report on defense workforce integration.
TITLE XI—CIVILIAN PERSONNEL MATTERS
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Sec. 1101. Educational travel authority for dependents of certain employees.
Sec. 1102. One-year extension of authority to waive annual limitation on pre-
mium pay and aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, ben-
efits, and gratuities to civilian personnel on official duty in a
combat zone.
Sec. 1104. Modifications to Defense Civilian Training Corps.
Sec. 1105. Modifications to requirements for the President of the Defense Ac-
quisition University.
Sec. 1106. Modification of direct hire authority for domestic defense industrial
base facilities.
Sec. 1107. Cyber workforce recruitment and retention.
Sec. 1108. Prohibition on use of funds to reduce the workforce at public ship-
yards.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Modification of authorities.
Sec. 1202. Modification of payment of costs for Regional Centers for Security
Studies.
Sec. 1203. Modification of authority for Naval Small Craft Instruction and
Technical Training School.
Sec. 1204. Permanent extension of acceptance and expenditure of contributions
for multilateral security cooperation programs and activities.
Sec. 1205. Building capacity of the armed forces of Mexico to counter
transnational criminal organizations.
Sec. 1206. Cybersecurity cooperation with the Government of Panama and the
Panama Canal Authority.
Sec. 1207. State Partnership Program selection analysis.
Sec. 1208. Modification of authority to build capacity of foreign security forces.
Sec. 1209. Extension and modification of pilot program to improve cyber co-
operation with foreign military partners in Southeast Asia and
the Pacific Islands.
Subtitle B—Matters Relating to Syria, Iraq, and Iran
Sec. 1211. Extension of authority for reimbursement of certain coalition na-
tions for support provided to United States military operations.
Sec. 1212. Extension and modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq.
Sec. 1213. Extension of authority to provide assistance to vetted Syrian groups
and individuals.
Sec. 1214. Extension and modification of authority to provide assistance to
counter the Islamic State of Iraq and Syria.
Sec. 1215. Extension and modification of authority to provide certain support.
Sec. 1216. Security and oversight of al-Hol and Roj camps.
Sec. 1217. Limitation on use of funds for reduction or consolidation of United
States Armed Forces bases in Syria.
Sec. 1218. Limitation on availability of funds for the Office of Security Co-
operation in Iraq.
Subtitle C—Matters Relating to Europe and the Russian Federation
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Sec. 1221. Extension of prohibition on availability of funds relating to sov-
ereignty of the Russian Federation over internationally recog-
nized territory of Ukraine.
Sec. 1222. Extension of annual report on military and security developments
involving the Russian Federation.
Sec. 1223. Extension and modification of Ukraine security assistance initiative.
Sec. 1224. Weapons depot maintenance strategic plan for Ukraine.
Sec. 1225. Oversight of United States military posture in Europe.
Sec. 1226. Acceptance back into stock of equipment procured under Ukraine
Security Assistance Initiative.
Sec. 1227. Statement of policy relating to Ukraine Security Assistance Initia-
tive.
Sec. 1228. Intelligence support for Ukraine.
Sec. 1229. International Security Cooperation Program funding for United
States European Command.
Sec. 1230. Promotion of the Joint Ukrainian Multinational Program—Services,
Training and Articles Rapid Timeline (JUMPSTART).
Sec. 1230A. Modification of United States basing and training, and exercises
in North Atlantic Treaty Organization member countries.
Subtitle D—Matters Relating to the Indo-Pacific Region
Sec. 1231. Extension of Pacific Deterrence Initiative.
Sec. 1232. Extension of authority to transfer funds for Bien Hoa dioxin clean-
up.
Sec. 1233. Oversight of United States military posture on the Korean Penin-
sula.
Sec. 1234. Limitation on availability of funds for travel expenses of the Office
of the Secretary of Defense.
Sec. 1235. Bolstering industrial resilience with allies in Indo-Pacific region.
Sec. 1236. Modification of Taiwan security cooperation initiative.
Sec. 1237. Joint program with Taiwan to enable fielding of uncrewed systems
and counter-uncrewed systems capabilities.
Sec. 1238. Report on critical digital infrastructure of Taiwan.
Sec. 1239. Report on Japanese counterstrike capabilities.
Sec. 1240. Report on enhanced security cooperation with the Philippines.
Sec. 1241. Modification to annual report on military and security developments
involving the People’s Republic of China.
Sec. 1242. Strategic partnership on defense industrial priorities between the
United States and Taiwan.
Sec. 1243. Invitation to Taiwan to Rim of the Pacific (RIMPAC) exercise.
Sec. 1244. Extension of Indo-Pacific extended deterrence education pilot pro-
gram.
Sec. 1245. Inclusion on list of Chinese military companies of entities added to
certain other lists.
Sec. 1246. Preventing circumvention by Chinese military companies in third-
party countries.
Sec. 1247. Sense of Congress on defense alliances and partnerships in the Indo-
Pacific region.
Subtitle E—Other Matters
Sec. 1251. Middle East integrated air and missile defense architecture.
Sec. 1252. Modification of program and processes relating to foreign acquisi-
tion.
Sec. 1253. Enhancing security partnership with Jordan and Lebanon.
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Sec. 1254. Joint Program Office for Non-Programs of Record to support for-
eign acquisition.
Sec. 1255. Extension and modification of United States-Israel anti-tunnel co-
operation.
Sec. 1256. Extension and modification of United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1257. Guidance for coordination of international arms transfers.
Sec. 1258. Requirement to update the National Disclosure Policy.
Sec. 1259. Improvements to security cooperation workforce and defense acquisi-
tion workforce.
Sec. 1260. Expansion of country prioritization.
Sec. 1261. Streamlining and expediting sales of defense articles and services.
Sec. 1262. Redesignation of the Africa Center for Strategic Studies as the
James M. Inhofe Center for Africa Security Studies.
Sec. 1263. Establishment of program to promote participation of foreign stu-
dents in the Senior Reserve Officers’ Training Corps.
Sec. 1264. Modification of authority for assistance in support of Department
of Defense accounting for missing United States Government
personnel.
TITLE XIII—COOPERATIVE THREAT REDUCTION
Sec. 1301. Cooperative Threat Reduction funds.
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.
Subtitle C—Other Matters
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1501. Delay in implementation of environmental assessment for rocket
cargo test and demonstration at Johnston Atoll.
Sec. 1502. Study on future space launch capacity.
Sec. 1503. Acquisition and operation of space systems for space warfighting
and control.
Sec. 1504. Blast damage assessment guide for space vehicles at Air Force
launch complexes.
Sec. 1505. Acquisition of space-based tactical data capability.
Sec. 1506. Use of middle tier acquisition program for proliferated warfighter
space architecture of the Space Development Agency.
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Sec. 1507. Continuation of operation of Defense Meteorological Satellite Pro-
gram.
Subtitle B—Nuclear Forces
Sec. 1511. Matters relating to intercontinental ballistic missiles of the United
States.
Sec. 1512. Matters relating to Air Force Global Strike Command.
Sec. 1513. Adjustment to bomber aircraft nuclear certification requirement.
Sec. 1514. Limitation on availability of funds pending establishment of the As-
sistant Secretary of Defense for Nuclear Deterrence, Chemical,
and Biological Defense Policy and Programs.
Sec. 1515. Adjustment to responsibilities of Nuclear Weapons Council.
Sec. 1516. Limitation on availability of funds pending notification of tasking
authority delegation.
Sec. 1517. Modification of requirement for nuclear-armed, sea-launched cruise
missile initial operational capability.
Sec. 1518. Pilot program for unmanned aerial vehicle resupply to launch con-
trol facilities.
Sec. 1519. Limitation on availability of funds pending commencement of annual
briefings on implementation of recommendations by the Con-
gressional Commission on the Strategic Posture of the United
States.
Sec. 1520. Deep cleaning of launch control centers of the Air Force Global
Strike Command.
Sec. 1521. Limitation on compensation caps.
Subtitle C—Missile Defense
Sec. 1531. Matters relating to the Golden Dome missile defense system.
Sec. 1532. Inclusion of Hawaii and Alaska in plans for Iron Dome for America.
Sec. 1533. Inclusion of air and missile defense in unconstrained total munitions
requirements.
Sec. 1534. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1535. Requirement for Aegis Combat Systems operationally deployed
under United States Indo-Pacific Command.
Sec. 1536. Amendments to technical authority of Director of Missile Defense
Agency regarding integrated air and missile defense activities
and programs.
Sec. 1537. Assessment of the Ronald Reagan Ballistic Missile Defense Test
Site.
Sec. 1538. Biennial assessments of the Ronald Reagan Ballistic Missile Defense
Test Site.
Sec. 1539. Limitation on availability of funds for Office of the Under Secretary
of Defense for Acquisition and Sustainment pending com-
mencement of annual briefings on missile defense of Guam.
Sec. 1540. Limitation on availability of funds for Missile Defense Agency pend-
ing arrangement for independent analysis of space-based mis-
sile defense capability.
Sec. 1541. Limitation on authority to reduce sustainment for or halt operation
of the AN/FPS–108 COBRA DANE radar.
Sec. 1542. Accelerating development of autonomous agents to defend against
cruise missiles and unmanned systems.
Sec. 1543. Missile defense testing requirements.
Sec. 1544. Improving United States missile defense capabilities.
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Subtitle D—Other Matters
Sec. 1551. Independent assessment of the Department of Defense National In-
dustrial Security Program.
Sec. 1552. Reforms relating to inactive security clearances.
Sec. 1553. Annual review of the Joint Electromagnetic Battle Management
Software Program.
Sec. 1554. Integration of electronic warfare into Tier 1 and Tier 2 joint train-
ing exercises.
Sec. 1555. Briefings on intercepts of unidentified anomalous phenomena by
North American Aerospace Defense Command and United
States Northern Command.
Sec. 1556. Consolidated security classification guidance matrix for programs re-
lating to unidentified anomalous phenomena.
Sec. 1557 Plan for increasing utility of user activity monitoring capabilities.
Sec. 1558. Support by the 350th Spectrum Warfare Wing to EA–37B Compass
Call Aircraft.
Sec. 1559. Report on the technical collection capabilities of the People’s Repub-
lic of China and the Russian Federation in the Republic of
Cuba.
Sec. 1560. Extension of protection of certain facilities and assets from un-
manned aircraft.
Sec. 1561. Consolidation of reporting requirements applicable to All-domain
Anomaly Resolution Office.
Sec. 1562. Limitation on the divestment, consolidation, and curtailment of cer-
tain electronic warfare test and evaluation activities.
Sec. 1563. Modification of functions of Electromagnetic Spectrum Enterprise
Operational Lead for Joint Electromagnetic Spectrum Oper-
ations to include dynamic spectrum sharing technologies.
Sec. 1564. Limitation on modification of certain electromagnetic spectrum re-
lied on by Department of Defense.
TITLE XVI—CYBERSPACE-RELATED MATTERS
Subtitle A—Matters Relating to Cyber Operations and Cyber Forces
Sec. 1601. Comprehensive cyber workforce strategy.
Sec. 1602. United States Cyber Command artificial intelligence industry col-
laboration roadmap.
Sec. 1603. Strategy for deterrence against cyberattacks against defense critical
infrastructure of the United States.
Sec. 1604. Amendment to annual assessments and reports on assignment of
certain budget control responsibility to Commander of the
United States Cyber Command.
Sec. 1605. Report on reserve component integration into cyber mission force
and cyberspace operations.
Sec. 1606. Evaluation of cyber range management and funding.
Sec. 1607. Modification to reporting requirements for Senior Military Advisor
for Cyber Policy.
Sec. 1608. Planning, programming, and budget coordination for operations of
cyber mission force.
Sec. 1609. Expansion of scope of affirmation of authority for cyber operations
to include defense of critical infrastructure of the Department
of Defense.
Sec. 1610. Review of future force employment concepts and associated per-
sonnel policy needs for evolving cyber forces.
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Sec. 1610A. Evaluation of Joint Task Force–Cyber in support of geographic
combatant commands.
Sec. 1610B. Prohibition on availability of funds to modify authorities of the
Commander of United States Cyber Command.
Sec. 1610C. Program for talent management of cyber personnel through active
and reserve transitioning.
Sec. 1610D. Designation of Assistant Secretary of Defense for Cyber Policy as
principal staff assistant.
Subtitle B—Matters Relating to Department of Defense Cybersecurity and
Information Technology
Sec. 1611. Modernization program for full content inspection.
Sec. 1612. Assessment regarding real-time monitoring of defense weapons plat-
forms for cyber threats.
Sec. 1613. Assessment of feasibility and advisability of establishing an oper-
ational technology cybersecurity training center of excellence.
Sec. 1614. Framework for integration of information technology technical debt
assessment into annual budget process.
Sec. 1615. Mission Infrastructure Resilience Task Force.
Sec. 1616. Plan for deploying private fifth generation Open Radio Access Net-
works on Department of Defense bases.
Sec. 1617. Limitation on funds for travel pending briefing on process for best-
in-class cyber data products and services.
Sec. 1618. Limitation of funds for travel expenses for the Office of the Chief
Information Officer.
Sec. 1619. Limitation on availability of funds for the Combined Joint All-Do-
main Command and Control initiative.
Sec. 1620. Review of Joint Fires Network program transition.
Sec. 1620A. Prohibition on the elimination of certain cyber assessment capabili-
ties for test and evaluation.
Sec. 1620B. Modification to certification requirement regarding contracting for
military recruiting.
Sec. 1620C. Department of Defense working group, strategy, and report on en-
suring the security, resiliency, and integrity of undersea cables.
Subtitle C—Data and Artificial Intelligence
Sec. 1621. Public-private cybersecurity partnership for highly capable artificial
intelligence systems.
Sec. 1622. Digital sandbox environments for artificial intelligence.
Sec. 1623. Artificial intelligence model assessment and oversight.
Sec. 1624. Department of Defense Ontology Governance Working Group.
Sec. 1625. Modification of high-performance computing roadmap.
Sec. 1626. Artificial General Intelligence Steering Committee.
Sec. 1627. Physical and cybersecurity procurement requirements for artificial
intelligence systems.
Sec. 1628. Guidance and prohibition on use of certain artificial intelligence.
Sec. 1629. Roadmap for advancing digital content provenance standards.
Sec. 1630. Enhanced protection of data affecting operational security of De-
partment of Defense personnel.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
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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 certain fiscal year 2025
projects.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2022 projects.
Sec. 2205. 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 fiscal year 2025 project at
F.E. Warren Air Force Base, Wyoming.
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 certain fiscal year 2024
projects.
Sec. 2408. Modification of authority to carry out certain fiscal year 2025
projects.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
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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 ac-
tivities funded through Department of Defense Base Closure
Account.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Requirement for the military departments to develop and annually
update a 20-year infrastructure improvement plan.
Sec. 2802. Increase of maximum amount for restoration or replacement of
damaged or destroyed facilities.
Sec. 2803. Reauthorization and modification of special design-build authority
for military construction projects.
Sec. 2804. Modification of pilot program on increased use of sustainable build-
ing materials in military construction to include sustainable
building technologies identified by the Comptroller General of
the United States.
Sec. 2805. Implementation of Comptroller General recommendations relating to
information sharing to improve oversight of military construc-
tion.
Sec. 2806. Extension of requirement for contract for obligation and execution
of design funds for military construction projects.
Sec. 2807. Extension of authorization of depot working capital funds for un-
specified minor military construction.
Sec. 2808. Extension of authority for temporary expanded land acquisition for
equine welfare.
Sec. 2809. Prohibition on designation of military construction projects as part
of military intelligence program.
Sec. 2810. Expansion of Defense Community Infrastructure Program to in-
clude installations of the Coast Guard.
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Subtitle B—Military Housing
Sec. 2821. Improvements to annual reports of Department of Defense on waiv-
ers of privacy and configuration standards for covered military
unaccompanied housing.
Sec. 2822. Modification of Housing Requirements and Market Analysis to ac-
count for impact of civilians and contractors.
Sec. 2823. Authority for unaccompanied housing project under pilot authority
for use of other transactions for installation or facility proto-
typing.
Sec. 2824. Elimination of indoor residential mold in housing of Department of
Defense.
Sec. 2825. Requirement for disclosure of information relating to liability insur-
ance and dispute resolutions relating to privatized military
housing.
Sec. 2826. Treatment of nondisclosure agreements with respect to privatized
military housing.
Subtitle C—Land Conveyances
Sec. 2831. Authorization to acquire through exchange or lease certain land
used by the Armed Forces in Hawaii.
Sec. 2832. Report on land withdrawals.
Subtitle D—Other Matters
Sec. 2841. Modifications to Defense Community Infrastructure Program.
Sec. 2842. Designation of Ronald Reagan Space and Missile Test Range at
Kwajalein Atoll in the Marshall Islands.
Sec. 2843. Joint base facility management of Department of Defense.
Sec. 2844. Limitation on use of amounts for travel based on compliance with
requirements related to minimum capital investment.
Sec. 2845. Extension of prohibition on joint use of Homestead Air Reserve
Base with civil aviation.
Sec. 2846. Pilot program on procurement of utility services for installations of
the Department of Defense through areawide contracts.
Sec. 2847. Authorization for monetary contributions to the conveyees of utility
systems for infrastructure improvements.
Sec. 2848. Prohibition on use of funds for development of Greenbury Point
Conservation Area at Naval Support Activity Annapolis, Mary-
land.
Sec. 2849. Application of certain authorities and standards to historic military
housing and associated historic properties of the Department
of the Navy and the Department of the Air Force.
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.
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Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Organization and codification of provisions of law relating to atomic
energy defense activities.
Sec. 3112. Adjustment to plutonium pit production capacity.
Sec. 3113. National Nuclear Security Administration Rapid Capabilities Devel-
opment Office.
Sec. 3114. Review and assessment of the National Nuclear Security Adminis-
tration Enterprise Blueprint.
Sec. 3115. Notification of cost overruns for certain Department of Energy
projects.
Sec. 3116. Protection of certain nuclear facilities and assets from unmanned
aircraft.
Sec. 3117. Extension of authority for appointment of certain scientific, engi-
neering, and technical personnel.
Sec. 3118. Appropriate scoping of artificial intelligence research within the Na-
tional Nuclear Security Administration.
Subtitle C—Other Matters
Sec. 3121. National security positions within the Department of Energy.
Sec. 3122. Office of Environmental Management program-wide performance
metrics for reducing risk.
Sec. 3123. Office of Environmental Management integrated radioactive waste
disposal planning and optimization.
Sec. 3124. Report on future activities and resources for the delivery of special-
ized infrastructure.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
1
In this Act, the term ‘‘congressional defense commit-
2
tees’’ has the meaning given that term in section
3
101(a)(16) of title 10, United States Code.
4
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
5
The budgetary effects of this Act, for the purposes
6
of complying with the Statutory Pay-As-You-Go Act of
7
2010, shall be determined by reference to the latest state-
8
ment titled ‘‘Budgetary Effects of PAYGO Legislation’’
9
for this Act, jointly submitted for printing in the Congres-
10
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sional Record by the Chairmen of the House and Senate
1
Budget Committees, provided that such statement has
2
been submitted prior to the vote on passage in the House
3
acting first on the conference report or amendment be-
4
tween the Houses.
5
DIVISION A—DEPARTMENT OF
6
DEFENSE AUTHORIZATIONS
7
TITLE I—PROCUREMENT
8
Subtitle A—Authorization of
9
Appropriations
10
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
11
Funds are hereby authorized to be appropriated for
12
fiscal year 2026 for procurement for the Army, the Navy
13
and the Marine Corps, the Air Force and the Space Force,
14
and Defense-wide activities, as specified in the funding
15
table in section 4101.
16
Subtitle B—Army Programs
17
SEC. 111. STRATEGY FOR ARMY TACTICAL WHEELED VEHI-
18
CLE PROGRAM.
19
Section 112(a) of the National Defense Authorization
20
Act for Fiscal Year 2024 (10 U.S.C. 7013 note; Public
21
Law 118–31) is amended by inserting ‘‘2027,’’ after ‘‘fis-
22
cal years 2025,’’.
23
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Subtitle C—Navy Programs
1
SEC. 121. PROCUREMENT AUTHORITY FOR COLUMBIA-
2
CLASS SUBMARINE PROGRAM.
3
(a) PROCUREMENT AUTHORITY.—Beginning in fiscal
4
year 2026, the Secretary of the Navy may enter into one
5
or more contracts for the procurement of not more than
6
five Columbia-class submarines.
7
(b) CONDITION
FOR OUT-YEAR CONTRACT PAY-
8
MENTS.—A contract entered into under subsection (a)
9
shall provide that any obligation of the United States to
10
make a payment under the contract for a fiscal year after
11
fiscal year 2026 is subject to the availability of appropria-
12
tions or funds for that purpose for such later fiscal year.
13
(c) LIMITATION
ON TERMINATION LIABILITY.—A
14
contract for the construction of Columbia-class sub-
15
marines entered into under subsection (a) shall include a
16
clause that limits the liability of the United States to the
17
contractor for any termination of the contract. The max-
18
imum liability of the United States under the clause shall
19
be limited to the total amount of funding obligated to the
20
contract at the time of termination.
21
SEC. 122. PROCUREMENT AUTHORITIES FOR MEDIUM
22
LANDING SHIPS.
23
(a) CONTRACT AUTHORITY.—
24
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(1) IN
GENERAL.—During fiscal years 2026
1
and 2027, the Secretary of the Navy may enter into
2
one or more contracts for the procurement of not
3
more than 15 Medium Landing Ships.
4
(2) PROCUREMENT IN CONJUNCTION WITH EX-
5
ISTING
CONTRACTS.—The ships authorized to be
6
procured under paragraph (1) may be procured as
7
additions to existing contracts covering the Medium
8
Landing Ship program.
9
(b) CERTIFICATION REQUIRED.—A contract may not
10
be entered into under subsection (a) unless the Secretary
11
of the Navy certifies to the congressional defense commit-
12
tees, in writing, not later than 30 days before entry into
13
the contract, each of the following, which shall be prepared
14
by the milestone decision authority (as defined in section
15
4251(e) of title 10, United States Code) for the Medium
16
Landing Ship program:
17
(1) The use of such a contract is consistent
18
with the Department of the Navy’s projected force
19
structure requirements for such ships.
20
(2) The use of such a contract will result in sig-
21
nificant savings compared to the total anticipated
22
costs of carrying out the program through annual
23
contracts.
24
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(3) There is a reasonable expectation that
1
throughout the contemplated contract period the
2
Secretary of the Navy will request funding for the
3
contract at the level required to avoid contract can-
4
cellation.
5
(4) There is a stable design for the property to
6
be acquired and the technical risks associated with
7
such property are not excessive.
8
(5) The estimates of the cost of the contract
9
and the anticipated cost avoidance through the use
10
of the contract are realistic.
11
(6) During the fiscal year in which the contract
12
is to be awarded—
13
(A) sufficient funds will be available to
14
perform the contract in such fiscal year; and
15
(B) the future-years defense program sub-
16
mitted to Congress under section 221 of title
17
10, United States Code, for such fiscal year will
18
include the funding required to execute the pro-
19
gram without cancellation.
20
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
21
Secretary of the Navy may enter into one or more con-
22
tracts for advance procurement associated with the ships
23
for which authorization to enter into a contract is provided
24
under subsection (a), and for systems and subsystems as-
25
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sociated with such ships in economic order quantities when
1
cost savings are achievable.
2
(d) CONDITION
FOR OUT-YEAR CONTRACT PAY-
3
MENTS.—A contract entered into under subsection (a)
4
shall provide that any obligation of the United States to
5
make a payment under the contract for a fiscal year is
6
subject to the availability of appropriations for that pur-
7
pose for such fiscal year.
8
SEC. 123. RECAPITALIZATION OF NAVY WATERBORNE SE-
9
CURITY BARRIERS; MODIFICATION OF PROHI-
10
BITION ON AVAILABILITY OF FUNDS FOR
11
LEGACY WATERBORNE SECURITY BARRIERS.
12
(a) IN GENERAL.—Section 130 of the John S.
13
McCain National Defense Authorization Act for Fiscal
14
Year 2019 (Public Law 115–232; 132 Stat. 1665), as
15
most recently amended by section 123 of the Servicemem-
16
ber Quality of Life Improvement and National Defense
17
Authorization Act for Fiscal Year 2025 (Public Law 118–
18
159), is further amended—
19
(1) in the section heading, by inserting ‘‘; RE-
20
CAPITALIZATION’’ after ‘‘BARRIERS’’;
21
(2) in subsection (a)—
22
(A) by striking ‘‘subsections (b) and (c)’’
23
and inserting ‘‘subsection (b)’’; and
24
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(B) by striking ‘‘through 2025’’ and in-
1
serting ‘‘through 2026’’;
2
(3) by striking subsection (b);
3
(4) by redesignating subsections (c) and (d) as
4
subsections (b) and (c), respectively;
5
(5) in subsection (c), as so redesignated, by
6
striking ‘‘subsection (c)(2)’’ and inserting ‘‘sub-
7
section (b)(2)’’; and
8
(6) by adding at the end the following new sub-
9
section (d):
10
‘‘(d) RECAPITALIZATION.—
11
‘‘(1) PLAN SUBMISSION.—
12
‘‘(A) IN GENERAL.—Not later than April
13
1, 2026, the Secretary of the Navy shall submit
14
to the congressional defense committees a re-
15
capitalization plan to replace legacy waterborne
16
security barriers for Navy ports.
17
‘‘(B) ELEMENTS.—The plan required by
18
subparagraph (A) shall include the following:
19
‘‘(i) A Navy requirements document
20
that specifies key performance parameters
21
and key system attributes for new water-
22
borne security barriers for Navy ports.
23
‘‘(ii) A certification that the level of
24
capability specified under clause (i) will ex-
25
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ceed that of legacy waterborne security
1
barriers for Navy ports.
2
‘‘(iii) The acquisition strategy for the
3
recapitalization of waterborne security bar-
4
riers for Navy ports, which shall meet or
5
exceed the requirements specified under
6
clause (i).
7
‘‘(iv) A certification that any contract
8
for new waterborne security barriers for a
9
Navy port will be awarded in accordance
10
with the requirements for full and open
11
competition set forth in sections 3201
12
through 3205 of title 10, United States
13
Code.
14
‘‘(2) IMPLEMENTATION.—The Secretary of the
15
Navy shall implement the plan required by para-
16
graph (1) by not later than September 30, 2027.’’.
17
(b) CLERICAL AMENDMENTS.—The table of contents
18
in section 2(b) of the John S. McCain National Defense
19
Authorization Act for Fiscal Year 2019, and at the begin-
20
ning of title I of division A of such Act, are each amended
21
by striking the item relating to section 130 and inserting
22
the following new item:
23
‘‘Sec. 130. Prohibition on availability of funds for Navy port waterborne secu-
rity barriers; recapitalization.’’.
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SEC. 124. MODIFICATION TO LIMITATIONS ON NAVY ME-
1
DIUM AND LARGE UNMANNED SURFACE VES-
2
SELS.
3
(a) REPEAL.—Section 122 of the William M. (Mac)
4
Thornberry National Defense Authorization Act for Fiscal
5
Year 2021 (Public Law 116–283; 134 Stat. 3425) is re-
6
pealed.
7
(b) REQUIREMENT.—The Secretary of the Navy may
8
not award a detail design or construction contract or other
9
agreement, or obligate funds from a procurement account,
10
for a covered program unless such contract or other agree-
11
ment includes a requirement for an operational dem-
12
onstration of not less than 720 continuous hours without
13
preventative maintenance, corrective maintenance, emer-
14
gent repair, or any other form of repair or maintenance,
15
on any of the following:
16
(1) The main propulsion system, including the
17
fuel and lube oil systems.
18
(2) The electrical generation and distribution
19
system.
20
(c) CERTIFICATION.—The Secretary of the Navy may
21
not accept delivery of articles constructed under a contract
22
or other agreement for a covered program until the Sec-
23
retary certifies to the congressional defense committees
24
that the operational demonstration described in subsection
25
(b) has been successfully completed.
26
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(d) LIMITATION.—The Secretary of the Navy may
1
not make contract financing payments for a contract or
2
other agreement entered into for a covered program great-
3
er than 90 percent for small businesses and 80 percent
4
for all other businesses until the certification described in
5
subsection (c) is submitted.
6
(e) DEFINITIONS.—In this section:
7
(1) COVERED
PROGRAM.—The term ‘‘covered
8
program’’ means a program for—
9
(A) medium unmanned surface vessels; or
10
(B) large unmanned surface vessels.
11
(2) OPERATIONAL DEMONSTRATION.—The term
12
‘‘operational demonstration’’ means a land-based or
13
sea-based test of the systems concerned in vessel-
14
representative form, fit, and function.
15
SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR
16
TAGOS SHIP PROGRAM.
17
(a) LIMITATION.—None of the funds authorized to
18
be appropriated by this Act or otherwise made available
19
for fiscal year 2026 for the Navy may be obligated or ex-
20
pended for the scope of work, including priced or unpriced
21
options, for the construction, advance procurement, or
22
long-lead material of any ships in the TAGOS surveillance
23
towed-array sensor system ship program unless the Sec-
24
retary of the Navy submits the report described in sub-
25
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section (b) to the Committee on Armed Service of the Sen-
1
ate and the Committee on Armed Services of the House
2
of Representatives not later than 90 days after the date
3
of the enactment of this Act.
4
(b) REPORT.—The Secretary of the Navy shall sub-
5
mit to the Committee on Armed Service of the Senate and
6
the Committee on Armed Services of the House of Rep-
7
resentatives a report on the following:
8
(1) Progress made on basic and functional de-
9
sign completion for TAGOS surveillance towed-array
10
sensor system ships and how compliance with section
11
8669c of title 10, United States Code, will be main-
12
tained.
13
(2) The accuracy, timeliness, and completeness
14
of the Navy’s provisioning of contract baseline de-
15
sign, general arrangement drawings, and other gov-
16
ernment-furnished information to the prime con-
17
tractor for such ships.
18
(3) The ability of the functional design of such
19
ships to meet program requirements, including speed
20
requirements.
21
(4) The adherence of the Navy to performance-
22
based requirements and the ability of the prime con-
23
tractor for such ships to make design choices to
24
meet those requirements, commensurate with its re-
25
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sponsibility for cost and schedule in the contract
1
structure.
2
(5) Alternative solutions to meeting the general
3
set of Navy requirements for anti-submarine warfare
4
covered by such ships, including unmanned solu-
5
tions.
6
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS RELAT-
7
ING TO AMPHIBIOUS WARFARE SHIP RE-
8
QUIREMENT.
9
(a) PLAN REQUIRED.—The Secretary of the Navy
10
shall submit with the defense budget materials for fiscal
11
year 2027 (as submitted to Congress in support of the
12
budget of the President under section 1105(a) of title 31,
13
United States Code) a 30-year shipbuilding plan that
14
meets the requirement under section 8062(b) of title 10,
15
United States Code, to maintain 31 amphibious warfare
16
ships.
17
(b) CERTIFICATION REQUIRED.—The Secretary of
18
Defense shall submit with the defense budget materials
19
for fiscal year 2027 (as submitted to Congress in support
20
of the budget of the President under section 1105(a) of
21
title 31, United States Code) a certification as to whether
22
such materials support the requirement under section
23
8062(b) of title 10, United States Code, to maintain 31
24
amphibious warfare ships.
25
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(c) LIMITATION.—
1
(1) PLAN.—If the Secretary of the Navy does
2
not submit the 30-year shipbuilding plan described
3
in subsection (a) as required by such subsection, not
4
more than 75 percent of the funds authorized to be
5
appropriated by this Act or otherwise made available
6
for fiscal year 2026 for Administration and Service-
7
Wide Activities, Operation and Maintenance, Navy,
8
may be obligated or expended until the date on
9
which the Secretary of the Navy submits to the con-
10
gressional defense committees such plan.
11
(2) CERTIFICATION.—If the Secretary of De-
12
fense does not submit the certification described in
13
subsection (a) as required by such subsection, or
14
certifies that the materials described in such sub-
15
section do not support the requirement described in
16
such subsection, not more than 75 percent of the
17
funds authorized to be appropriated by this Act or
18
otherwise made available for fiscal year 2026 for Of-
19
fice of the Secretary of Defense, Operation and
20
Maintenance, Defense-Wide, may be obligated or ex-
21
pended until the date on which the Secretary of De-
22
fense submits to the congressional defense commit-
23
tees defense budget materials that support the re-
24
quirement under section 8062(b) of title 10, United
25
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States Code, to maintain 31 amphibious warfare
1
ships.
2
(d) AMPHIBIOUS WARFARE SHIP DEFINED.—In this
3
section, the term ‘‘amphibious warfare ship’’ has the
4
meaning given that term in section 8062(h) of title 10,
5
United States Code.
6
SEC. 127. TEMPORARY UNAVAILABILITY OF AMPHIBIOUS
7
WARFARE SHIPS.
8
Section 8062(b) of title 10, United States Code, is
9
amended—
10
(1) by inserting ‘‘(1)’’ before ‘‘The naval’’; and
11
(2) by adding at the end the following new
12
paragraph:
13
‘‘(2) For purposes of this subsection, the term ‘tem-
14
porarily unavailable’ with respect to an amphibious war-
15
fare ship means that the ship has not surpassed its
16
planned availability by a margin of—
17
‘‘(A) greater than 100 percent of the nominal
18
duration of that availability in 2026 or 2027;
19
‘‘(B) greater than 75 percent of the nominal
20
duration of that availability in 2028 or 2029;
21
‘‘(C) greater than 50 percent of the nominal
22
duration of that availability in 2030 or 2031; and
23
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‘‘(D) greater than 25 percent of the nominal
1
duration of that availability in 2032 or any year
2
thereafter.’’.
3
Subtitle D—Air Force Programs
4
SEC. 131. B–21 BOMBER AIRCRAFT PROGRAM ACCOUNT-
5
ABILITY MATRICES.
6
(a) SUBMITTAL OF MATRICES.—Concurrent with the
7
President’s annual budget request submitted to Congress
8
under section 1105 of title 31, United States Code, for
9
fiscal year 2027, the Secretary of the Air Force shall sub-
10
mit to the congressional defense committees and the
11
Comptroller General of the United States—
12
(1) the matrices described in subsection (b) re-
13
lating to the B–21 bomber aircraft program; and
14
(2) the estimate, as of the date of such submis-
15
sion, for the program’s average procurement unit
16
cost, acquisition unit cost, and life-cycle costs.
17
(b) MATRICES DESCRIBED.—The matrices described
18
in this subsection are the following:
19
(1) PROGRAM GOALS AND EXECUTION.—A ma-
20
trix that identifies, in six-month increments, plans
21
for and progress in achieving key milestones and
22
events, and specific performance metric goals and
23
actuals for the development, production, and
24
sustainment of the B–21 bomber aircraft program,
25
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which shall be subdivided, at a minimum, according
1
to the following:
2
(A) Technology readiness levels of major
3
components, and associated risks and key dem-
4
onstration events through maturity (technology
5
readiness level 7) for baseline and moderniza-
6
tion efforts.
7
(B) Engine design maturity, and plans and
8
progress of engine test events.
9
(C) Software development progress and re-
10
lated metrics, including—
11
(i) percent of capabilities complete
12
and system features complete; and
13
(ii) software quality metrics.
14
(D) Manufacturing progress and related
15
metrics for the prime contractor and key sup-
16
pliers, including—
17
(i) manufacturing readiness levels
18
through level 8;
19
(ii) touch labor hours; and
20
(iii) scrap, rework, and repair.
21
(E) System verification and key ground
22
and flight test events for developmental and
23
operational testing, including—
24
(i) percent complete;
25
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(ii) time on condition;
1
(iii) sorties; and
2
(iv) test points.
3
(F) Aircraft reliability, availability, and
4
maintainability metrics, including—
5
(i) mean time to repair;
6
(ii) operational availability;
7
(iii) mission capable; and
8
(iv) cost per flying hour.
9
(G) Operations and sustainment plans and
10
progress, including—
11
(i) main operating base setup;
12
(ii) training system deliveries;
13
(iii) depot maintenance; and
14
(iv) technology data packages.
15
(2) COST.—A matrix expressing, in six-month
16
increments, the total cost for the Air Force service
17
cost position for the engineering and manufacturing
18
development phase and production lots of the B–21
19
bomber aircraft, and a matrix expressing the total
20
cost for the prime contractor’s estimate for such
21
phase and production lots, each of which shall be
22
phased over the entire engineering and manufac-
23
turing development period and subdivided according
24
to the costs of the following:
25
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(A) Air vehicle.
1
(B) Propulsion.
2
(C) Mission systems.
3
(D) Vehicle subsystems.
4
(E) Air vehicle software.
5
(F) Systems engineering.
6
(G) Program management.
7
(H) System test and evaluation.
8
(I) Support and training systems.
9
(J) Contract fee.
10
(K) Engineering changes.
11
(L) Direct mission support, including con-
12
gressional general reductions.
13
(M) Government testing.
14
(c) SEMIANNUAL UPDATE OF MATRICES.—
15
(1) IN
GENERAL.—Not later than 180 days
16
after the date on which the Secretary of the Air
17
Force submits the matrices required by subsection
18
(a), concurrent with the submittal of each annual
19
budget request to Congress under section 1105 of
20
title 31, United States Code, thereafter, and not
21
later than 180 days after each such submittal, the
22
Secretary of the Air Force shall submit to the con-
23
gressional defense committees and the Comptroller
24
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General updates to the matrices described in sub-
1
section (b).
2
(2) ELEMENTS.—Each update submitted under
3
paragraph (1) shall detail progress made toward the
4
goals identified in the matrix described in subsection
5
(b)(1) and provide updated cost estimates.
6
(d) ASSESSMENT BY COMPTROLLER GENERAL OF
7
THE UNITED STATES.—Not less frequently than annually,
8
the Comptroller General shall—
9
(1) review the sufficiency of each matrix re-
10
ceived under this section; and
11
(2) submit to the congressional defense commit-
12
tees an assessment of such matrix, including by
13
identifying cost, schedule, or performance trends.
14
(e) REPEAL.—Section 238 of the National Defense
15
Authorization Act for Fiscal Year 2017 (Public Law 114–
16
328; 130 Stat. 2067) is repealed.
17
SEC. 132. BOMBER AIRCRAFT FORCE STRUCTURE AND
18
TRANSITION ROADMAP.
19
(a) IN GENERAL.—Not later than 180 days after the
20
date of the enactment of this Act, the Secretary of the
21
Air Force shall submit to the congressional defense com-
22
mittees a comprehensive roadmap detailing the planned
23
force structure, basing, modernization, and transition
24
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strategy for the bomber aircraft fleet of the Air Force
1
through fiscal year 2040.
2
(b) ELEMENTS.—The roadmap required by sub-
3
section (a) shall include the following:
4
(1) A detailed schedule and rationale for the
5
planned divestment of B–1 bomber aircraft, includ-
6
ing location-specific retirements, infrastructure dis-
7
position, and mitigation of any resulting capability
8
gaps.
9
(2) A transition plan for the operational field-
10
ing of B–21 bomber aircraft, including basing deci-
11
sions, training and sustainment plans, operational
12
concepts, and anticipated initial operational capa-
13
bility and full operational capability timelines.
14
(3) A strategy for integrating units of the Air
15
National Guard and the Air Force Reserve into B–
16
21 bomber aircraft operations, including planned
17
force structure, association, training, and mobiliza-
18
tion models.
19
(4) An update on—
20
(A) modernization efforts for B–52 bomber
21
aircraft, including engine replacement, radar
22
upgrades, and digital integration efforts; and
23
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(B) the expected service life and mission
1
profile of B–52 bomber aircraft through the
2
2050s.
3
(5) A detailed timeline with key milestones for
4
each of the elements described in paragraphs (1)
5
through (4), including programmatic decision points,
6
resourcing requirements, risk assessments, and co-
7
ordination with other components of the Air Force
8
Global Strike Command and the Air Combat Com-
9
mand.
10
(c) OBJECTIVE.—The roadmap required by sub-
11
section (a) shall support a deliberate and balanced transi-
12
tion to a modernized, dual-capable bomber aircraft force
13
that ensures long-range strike capacity, survivability, and
14
deterrence in both nuclear and conventional mission sets,
15
with a minimum of 100 B–21 bomber aircraft as directed
16
by prior Acts of Congress.
17
(d) FORM.—The roadmap required by subsection (a)
18
shall be submitted in unclassified form, but may include
19
a classified annex.
20
SEC. 133. REQUIREMENT FOR AN INTELLIGENCE, SURVEIL-
21
LANCE, AND RECONNAISSANCE ROADMAP
22
FOR THE AIR FORCE.
23
(a) IN GENERAL.—Not later than 180 days after the
24
date of the enactment of this Act, the Secretary of the
25
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Air Force shall submit to the congressional defense com-
1
mittees a comprehensive roadmap detailing the strategic
2
plan for the development, acquisition, modernization, and
3
integration of intelligence, surveillance, and reconnais-
4
sance (ISR) capabilities of the Air Force.
5
(b) ELEMENTS.—The roadmap required by sub-
6
section (a) shall include the following:
7
(1) A strategic assessment of current (as of the
8
date on which the roadmap is submitted) and pro-
9
jected intelligence, surveillance, and reconnaissance
10
requirements for the Air Force across all domains,
11
including air, space, and cyberspace.
12
(2) An inventory of current (as of the date on
13
which the roadmap is submitted) intelligence, sur-
14
veillance, and reconnaissance platforms, sensors, and
15
associated data-processing systems, including the
16
mission capabilities, operational status, and expected
17
service life for each.
18
(3) A plan for the modernization or divestment
19
of legacy airborne intelligence, surveillance, and re-
20
connaissance systems, with justification for each de-
21
cision.
22
(4) A detailed outline of planned investments
23
and capabilities in emerging intelligence, surveil-
24
lance, and reconnaissance technologies, including—
25
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(A) artificial intelligence;
1
(B) machine learning;
2
(C) space-based intelligence, surveillance,
3
and reconnaissance; and
4
(D) autonomous or remotely piloted plat-
5
forms.
6
(5) An assessment of the integration of intel-
7
ligence, surveillance, and reconnaissance data into
8
command and control networks, including interoper-
9
ability with joint, interagency, and allied partners.
10
(6) A risk assessment identifying potential ca-
11
pability gaps, threats, and mitigation strategies.
12
(7) A description of the roles and responsibil-
13
ities of the components of the intelligence, surveil-
14
lance, and reconnaissance effort of the Air Force in
15
implementing the roadmap.
16
(8) A proposed timeline and milestones for the
17
implementation of the roadmap over the next ten fis-
18
cal years.
19
(c) FORM.—The roadmap required by subsection (a)
20
shall be submitted in unclassified form, but shall include
21
a classified annex.
22
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SEC. 134. ANNUAL REPORT ON DEPARTMENT OF DEFENSE
1
UNIFIED DATALINK STRATEGY.
2
Section 1527 of the National Defense Authorization
3
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
4
2223 note) is amended—
5
(1) by redesignating subsection (c) as sub-
6
section (d); and
7
(2) by inserting after subsection (b) the fol-
8
lowing new subsection (c):
9
‘‘(c) ANNUAL REPORTS.—Not later than 180 days
10
after the date of the enactment of the National Defense
11
Authorization Act for Fiscal Year 2026, and not less fre-
12
quently than once each year thereafter through December
13
31, 2032, the Secretary shall submit to the appropriate
14
congressional committees an annual report on the imple-
15
mentation of the strategy.’’.
16
SEC. 135. PLAN FOR OPEN MISSION SYSTEMS OF F–35 AIR-
17
CRAFT.
18
(a) IN GENERAL.—The Secretary of Defense shall
19
develop a plan to establish an open mission systems com-
20
puting environment that is controlled by the Federal Gov-
21
ernment on the F–35 aircraft of the Department of De-
22
fense.
23
(b) ELEMENTS.—The plan required under subsection
24
(a) shall do the following:
25
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(1) Enable the portability of software applica-
1
tions between the F–35 aircraft, the F–22 aircraft,
2
and the Next Generation Air Dominance initiative of
3
the Air Force.
4
(2) Enable the integration of new open mission
5
system software, or changes to existing open mission
6
system software, with minimal integration work re-
7
quired by the prime contractor of the air vehicle.
8
(3) Eliminate or minimize aircraft airworthiness
9
impacts due to software changes within the open
10
mission systems computing environment.
11
(4) Enable the rapid upgrade of onboard proc-
12
essors.
13
(5) Leverage a Federal Government reference
14
architecture.
15
(6) Ensure control by the Federal Government
16
over the airworthiness and security processes, as well
17
as ownership by the Federal Government of the open
18
mission system technical documentation and data
19
rights.
20
(7) Be capable of connection to all relevant air-
21
craft apertures sufficient to meet current and future
22
combat requirements, including cockpit connectivity
23
via ethernet.
24
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(8) Leverage modern commercial software lan-
1
guages and techniques necessary to support reliable,
2
high-throughput, and low-latency use-cases.
3
(9) Be applicable across all blocks and variants
4
of the F–35 aircraft.
5
(c) REPORT.—
6
(1) IN GENERAL.—Not later than July 1, 2026,
7
the Secretary of the Air Force shall submit to the
8
congressional defense committees a report that in-
9
cludes the plan required under subsection (a).
10
(2) FORM.—The report required under para-
11
graph (1) shall be submitted in unclassified form,
12
but may contain a classified annex.
13
SEC. 136. MODIFICATION OF PROHIBITION ON RETIRE-
14
MENT OF F–15E AIRCRAFT.
15
(a) IN GENERAL.—Section 9062(l)(1) of title 10,
16
United States Code, is amended—
17
(1) in the matter preceding subparagraph (A),
18
by striking ‘‘September 30, 2029’’ and inserting
19
‘‘September 30, 2027’’; and
20
(2) in subparagraph (A), by striking ‘‘68 F–
21
15E aircraft’’ and inserting ‘‘34 F–15E aircraft’’.
22
(b) REPEAL.—Section 150 of the Servicemember
23
Quality of Life Improvement and National Defense Au-
24
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thorization Act for Fiscal Year 2025 (Public Law 118–
1
159; 138 Stat. 1812) is amended—
2
(1) by striking subsection (a);
3
(2) by redesignating subsections (b) and (c) as
4
subsections (a) and (b), respectively; and
5
(3) in the section heading, by striking ‘‘PROHI-
6
BITION ON RETIREMENT OF F–15E AIRCRAFT
7
AND’’.
8
SEC. 137. PROHIBITION ON RETIREMENT OF A–10 AIR-
9
CRAFT.
10
(a) PROHIBITION.—None of the funds authorized to
11
be appropriated by this Act or otherwise made available
12
for fiscal year 2026 for the Department of Defense may
13
be obligated or expended to retire, prepare to retire, or
14
otherwise divest A–10 aircraft to an inventory level below
15
103.
16
(b) WAIVER AUTHORITY.—The Secretary of the Air
17
Force may waive the prohibition under subsection (a) with
18
respect to a specific unit if—
19
(1) the Secretary submits to the congressional
20
defense committees a written certification that a de-
21
tailed recapitalization plan has been developed for
22
the affected unit, including follow on mission assign-
23
ments, aircraft reallocation, personnel adjustments,
24
and community impact mitigation; and
25
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(2) a period of 30 days has elapsed following
1
the date of such submission.
2
(c) DEFINITIONS.—In this section:
3
(1) A–10 AIRCRAFT.—The term ‘‘A–10 air-
4
craft’’ means any aircraft of the Air Force des-
5
ignated A–10 Thunderbolt II.
6
(2) RETIRE.—The term ‘‘retire’’ includes the
7
permanent removal of an aircraft from the oper-
8
ational inventory, reassignment to storage, or place-
9
ment into backup aircraft inventory or excess status.
10
SEC. 138. EXTENSION OF LIMITATIONS AND MINIMUM IN-
11
VENTORY REQUIREMENT RELATING TO RQ–4
12
AIRCRAFT.
13
Section 9062(m)(1) of title 10, United States Code,
14
is amended, in the matter preceding subparagraph (A),
15
by striking ‘‘September 30, 2029’’ and inserting ‘‘Sep-
16
tember 30, 2030’’.
17
SEC. 139. EXPANSION OF AIR REFUELER FLEET.
18
(a) PRIMARY MISSION AIRCRAFT INVENTORY.—Not-
19
withstanding any limit on primary mission aircraft inven-
20
tory established before the date of the enactment of this
21
Act, Secretary of the Air Force shall retain operational
22
KC–135 Stratotankers as primary mission aircraft inven-
23
tory as such aircraft are replaced by KC–46 aircraft in
24
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order to meet air refueling requirements of the Air Force
1
and the United States Transportation Command.
2
(b) REASSIGNMENT.—
3
(1) IN
GENERAL.—The Secretary of the Air
4
Force shall reassign KC–135 Stratotankers that are
5
retained as primary mission aircraft inventory and
6
replaced by KC–46 aircraft to Air Refueling Wings
7
that have the capacity to expand their primary mis-
8
sion
aircraft
inventory
fleet
of
KC–135
9
Stratotankers.
10
(2) CRITERIA.—The Secretary of the Air Force
11
shall reassign KC–135 Stratotankers under para-
12
graph (1) based on the ability of an Air Refueling
13
Wing to—
14
(A) man the additional aircraft; and
15
(B) support pilot training requirements.
16
SEC. 140. REQUIREMENTS RELATING TO C–130 AIRCRAFT.
17
(a) EXTENSION OF MINIMUM INVENTORY REQUIRE-
18
MENT.—Section 146(a)(3)(B) of the James M. Inhofe Na-
19
tional Defense Authorization Act for Fiscal Year 2023
20
(Public Law 117–263; 136 Stat. 2455), as most recently
21
amended by section 145(a) of the Servicemember Quality
22
of Life Improvement and National Defense Authorization
23
Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat.
24
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1810 ), is further amended by striking ‘‘2025’’ and insert-
1
ing ‘‘2028’’.
2
(b) EXTENSION OF PROHIBITION ON REDUCTION OF
3
C–130 AIRCRAFT ASSIGNED TO NATIONAL GUARD.—Sec-
4
tion 146(b)(1) of the James M. Inhofe National Defense
5
Authorization Act for Fiscal Year 2023 (Public Law 117–
6
263; 136 Stat. 2455), as most recently amended by sec-
7
tion 145(b) of the Servicemember Quality of Life Improve-
8
ment and National Defense Authorization Act for Fiscal
9
Year 2025 (Public Law 118–159; 138 Stat. 1810), is fur-
10
ther amended by striking ‘‘2025’’ and inserting ‘‘2028’’.
11
(c) REPORT REQUIREMENT.—Not later than 180
12
days after the date of the enactment of this Act, and annu-
13
ally thereafter through fiscal year 2028, the Secretary of
14
the Air Force shall submit to the congressional defense
15
committees a report detailing the following:
16
(1) The total number and variant types of C–
17
130 aircraft in the inventory of the Air Force.
18
(2) Any planned retirements, divestments, or
19
reductions to the fleet of such aircraft.
20
(3) Modernization and recapitalization efforts,
21
including block upgrades and procurement sched-
22
ules.
23
(4) Planned basing actions for fielding C–130J
24
aircraft to recapitalize C–130H aircraft.
25
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SEC. 141. INFORMATION ON FUTURE LARGE AND OVER-
1
SIZED AIR CARGO TRANSPORTATION SERV-
2
ICES.
3
(a) IN GENERAL.—The Secretary of Defense shall so-
4
licit from industry information on acquiring services of an
5
airplane that—
6
(1) is, as of June 2025, under development as
7
a civilian aircraft;
8
(2) would be capable of carrying space launch
9
vehicles and other Department of Defense articles
10
not more than 300 feet long that cannot be or, as
11
of June 2025, are not readily transported in an air-
12
plane due to cargo dimensions;
13
(3) could enter service not later than December
14
31, 2035;
15
(4) could provide and supplement large and
16
oversized fixed wing air cargo transportation services
17
to support the readiness and logistical needs of the
18
Department by December 31, 2035, and thereafter;
19
and
20
(5) could provide to the Department at least
21
2,000 hours and not more than 7,500 hours of air-
22
plane time for at least two and not more than five
23
years beginning when such airplane could enter serv-
24
ice.
25
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(b) REPORT.—Not later than April 1, 2026, the Sec-
1
retary of Defense shall submit to the congressional defense
2
committees a report on the results of the solicitation re-
3
quired by subsection (a).
4
TITLE II—RESEARCH, DEVELOP-
5
MENT, TEST, AND EVALUA-
6
TION
7
Subtitle A—Authorization of
8
Appropriations
9
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
10
Funds are hereby authorized to be appropriated for
11
fiscal year 2026 for the use of the Department of Defense
12
for research, development, test, and evaluation, as speci-
13
fied in the funding table in section 4201.
14
Subtitle
B—Program
Require-
15
ments, Restrictions, and Limita-
16
tions
17
SEC. 211. MODIFICATIONS TO DEFENSE RESEARCH CAPAC-
18
ITY BUILDING PROGRAM.
19
(a) IN GENERAL.—For fiscal year 2026 and each fis-
20
cal year thereafter, the Secretary of Defense shall ensure
21
that all funding opportunities executed in Program Ele-
22
ment 0601228D8Z, or successor program element, shall
23
include separate funding solicitations each focused to-
24
ward—
25
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(1) Historically Black Colleges and Universities
1
and Tribal Colleges and Universities; and
2
(2) Minority-Serving Institutions that are not
3
described in paragraph (1).
4
(b) DEFINITIONS.—In this section:
5
(1) The term ‘‘Historically Black College or
6
University’’ has the meaning given the term ‘‘part B
7
institution’’ in section 322 of the Higher Education
8
Act of 1965 (20 U.S.C. 1061).
9
(2) The term ‘‘Minority-Serving Institution’’
10
means an eligible institution described in section
11
371(a) of the Higher Education Act of 1965 (20
12
U.S.C. 1067q(a)).
13
(3) The term ‘‘Tribal College or University’’
14
has the meaning given the term in section 316(b) of
15
the Higher Education Act of 1965 (20 U.S.C.
16
1059c(b)).
17
SEC. 212. PROGRAM FOR THE ENHANCEMENT OF THE RE-
18
SEARCH, DEVELOPMENT, TEST, AND EVALUA-
19
TION CENTERS OF THE DEPARTMENT OF DE-
20
FENSE.
21
(a) MAKING PERMANENT
AND IMPROVING PILOT
22
PROGRAM FOR THE ENHANCEMENT OF THE RESEARCH,
23
DEVELOPMENT, TEST, AND EVALUATION CENTERS OF
24
THE DEPARTMENT OF DEFENSE.—Chapter 305 of title
25
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10, United States Code, is amended by adding at the end
1
the following new section:
2
‘‘§ 4145. Program for the enhancement of the re-
3
search, development, test, and evaluation
4
centers of the Department of Defense
5
‘‘(a) IN GENERAL.—The Secretary of Defense and
6
the Secretaries of the military departments shall jointly
7
carry out a program to demonstrate methods for the more
8
effective development of technology and management of
9
functions at eligible centers.
10
‘‘(b) ELIGIBLE CENTERS.—For purposes of the pro-
11
gram, the eligible centers are—
12
‘‘(1) the science and technology reinvention lab-
13
oratories, as designated by section 4121(b) of this
14
title;
15
‘‘(2) the test and evaluation centers which are
16
activities specified as part of the Major Range and
17
Test Facility Base in Department of Defense Direc-
18
tive 3200.11;
19
‘‘(3) the Defense Advanced Research Projects
20
Agency;
21
‘‘(4) the Defense Innovation Unit;
22
‘‘(5) the Strategic Capabilities Office (SCO);
23
and
24
‘‘(6) the Office of Strategic Capital.
25
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‘‘(c) PARTICIPATION IN PROGRAM.—
1
‘‘(1) IN GENERAL.—Subject to paragraph (2),
2
the head of each eligible center shall submit to the
3
Assistant Secretary concerned a proposal on, and
4
implement, alternative and innovative methods of ef-
5
fective management and operations of eligible cen-
6
ters, rapid project delivery, support, experimen-
7
tation, prototyping, and partnership with universities
8
and private sector entities—
9
‘‘(A) to generate greater value and effi-
10
ciencies in research and development activities;
11
‘‘(B) to enable more efficient and effective
12
operations of supporting activities, such as—
13
‘‘(i) facility management, construc-
14
tion, and repair;
15
‘‘(ii) business operations;
16
‘‘(iii) personnel management policies
17
and practices; and
18
‘‘(iv) intramural and public outreach;
19
and
20
‘‘(C) to enable more rapid deployment of
21
warfighter capabilities.
22
‘‘(2) IMPLEMENTATION.—(A) The head of an
23
eligible center described in paragraph (1) or (2) of
24
subsection (b) shall implement each method pro-
25
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posed under paragraph (1) of this subsection unless
1
such method is disapproved in writing by the Assist-
2
ant Secretary concerned within 60 days of receiving
3
a proposal from an eligible center.
4
‘‘(B) The Director of the Defense Advanced Re-
5
search Projects Agency, the Defense Innovation
6
Unit, the Strategic Capabilities Office and the Office
7
of Strategic Capital shall implement each method
8
proposed under paragraph (1) unless such method is
9
disapproved in writing by the Deputy Secretary of
10
Defense within 60 days of receiving a proposal from
11
the Director.
12
‘‘(C) In this paragraph, the term ‘Assistant
13
Secretary concerned’ means—
14
‘‘(i) the Assistant Secretary of the Air
15
Force for Acquisition, with respect to matters
16
concerning the Air Force;
17
‘‘(ii) the Assistant Secretary of the Army
18
for Acquisition, Technology, and Logistics, with
19
respect to matters concerning the Army; and
20
‘‘(iii) the Assistant Secretary of the Navy
21
for Research, Development, and Acquisition,
22
with respect to matters concerning the Navy.
23
‘‘(d) WAIVER AUTHORITY FOR DEMONSTRATION AND
24
IMPLEMENTATION.—The head of an eligible center may
25
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waive any regulation, restriction, requirement, guidance,
1
policy, procedure, or departmental instruction that would
2
affect the implementation of a method proposed under
3
subsection (c)(1), unless such implementation would be
4
prohibited by a provision of a Federal statute or common
5
law.’’.
6
(b) CONFORMING REPEAL.—Section 233 of the Na-
7
tional Defense Authorization Act for Fiscal Year 2017
8
(Public Law 114–328; 10 U.S.C. 4141 note prec.) is re-
9
pealed.
10
SEC. 213. EXTENSION OF AUTHORITY FOR ASSIGNMENT TO
11
DEFENSE ADVANCED RESEARCH PROJECTS
12
AGENCY OF PRIVATE SECTOR PERSONNEL
13
WITH CRITICAL RESEARCH AND DEVELOP-
14
MENT EXPERTISE.
15
Section 232(e) of the Carl Levin and Howard P.
16
‘‘Buck’’ McKeon National Defense Authorization Act for
17
Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 4091
18
note prec.) is amended by striking ‘‘September 30, 2025’’
19
and inserting ‘‘September 30, 2030’’.
20
SEC. 214. LIMITATION ON USE OF FUNDS FOR CERTAIN
21
NAVY SOFTWARE.
22
None of the funds authorized to be appropriated by
23
this Act may be obligated or expended for the autonomy
24
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baseline manager or the common control system of the
1
Navy unless—
2
(1) the Secretary of the Navy submits to the
3
congressional defense committees—
4
(A) the original baseline schedule of key
5
capability deliverables and the current schedule
6
as of the date of submission;
7
(B) the original cost estimate and the cur-
8
rent cost estimate as of the date of submission,
9
including the total funding received for the pro-
10
gram;
11
(C) all reports of test and experimentation
12
events, including a comparison of performance
13
to alternative industry capabilities;
14
(D) the unaltered assessment of the De-
15
fense Innovation Unit on a market assessment
16
of industry capabilities compared to the capa-
17
bilities of the autonomy baseline manager and
18
the common control system of the Navy; and
19
(E) an assessment that the program is de-
20
livering new capabilities at a pace and quality
21
that meets or exceeds industry capabilities; and
22
(2) the Chief of Naval Operations validates to
23
the congressional defense committees that the pro-
24
gram meets operational user needs of the Navy.
25
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SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS FOR
1
UNDER SECRETARY OF DEFENSE FOR RE-
2
SEARCH AND ENGINEERING.
3
Of the funds authorized to be appropriated by this
4
Act or otherwise made available for fiscal year 2026 for
5
operation and maintenance, Defense-wide, and available to
6
the Office of the Under Secretary of Defense for Research
7
and Engineering for travel purposes, not more than 80
8
percent may be obligated or expended until the date on
9
which the Under Secretary submits to the congressional
10
defense committees the report required by section 245(d)
11
of the Servicemember Quality of Life Improvement and
12
National Defense Authorization Act for Fiscal Year 2025
13
(Public Law 118–159).
14
SEC. 216. PROHIBITION ON CONTRACTS BETWEEN CERTAIN
15
FOREIGN ENTITIES AND INSTITUTIONS OF
16
HIGHER EDUCATION CONDUCTING DEPART-
17
MENT OF DEFENSE-FUNDED RESEARCH.
18
(a) PROHIBITION.—Beginning on January 1, 2027,
19
a covered institution may not enter into a contract with
20
a covered nation or a foreign entity of concern.
21
(b) WAIVERS.—
22
(1) AUTHORITY.—Subject to the provisions of
23
this subsection and subsection (c), the Secretary of
24
Defense may, or their designee, pursuant to a re-
25
quest submitted under paragraph (2) of this sub-
26
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section, issue a waiver of the prohibition set forth in
1
subsection (a).
2
(2) SUBMISSION.—
3
(A) FIRST WAIVER REQUESTS.—
4
(i) IN GENERAL.—A covered institu-
5
tion that desires to enter into a contract
6
with a foreign entity of concern or a cov-
7
ered nation may submit to the Secretary of
8
Defense, not later than 120 days before
9
the institution enters into such a contract,
10
a request to waive the prohibition set forth
11
in subsection (a) with respect to such con-
12
tract.
13
(ii)
CONTENTS
OF
WAIVER
RE-
14
QUEST.—A waiver request submitted by a
15
covered institution under clause (i) shall
16
include—
17
(I) the complete and unredacted
18
text of the proposed contract for
19
which the waiver is being requested,
20
and if such original contract is not in
21
English, a translated copy of the text
22
into English (in a manner that com-
23
plies with subsection (e)); and
24
(II) a statement that—
25
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(aa) is signed by the Presi-
1
dent or compliance officer of the
2
institution designated in accord-
3
ance with subsection (f); and
4
(bb)
includes
information
5
that demonstrates that such con-
6
tract is for the benefit of the in-
7
stitution’s mission and students
8
and will promote the security,
9
stability, and economic vitality of
10
the United States.
11
(B) RENEWAL WAIVER REQUESTS.—
12
(i) IN GENERAL.—A covered institu-
13
tion that has entered into a contract pur-
14
suant to a waiver issued under this section,
15
the term of which is longer than the 1-year
16
waiver period and the terms and conditions
17
of which remain the same as the proposed
18
contract submitted as part of the request
19
for such waiver, may submit, not later
20
than 120 days before the expiration of
21
such waiver period, a request for a renewal
22
of such waiver for the remainder of the
23
contract term, but not to exceed a 4-year
24
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period (which shall include any information
1
requested by the Secretary).
2
(ii) TERMINATION.—If a covered in-
3
stitution fails to submit a request under
4
clause (i) or is not granted a renewal
5
under such clause, such institution shall
6
terminate such contract on the last day of
7
the original 1-year waiver period.
8
(3) WAIVER ISSUANCE.—The Secretary of De-
9
fense—
10
(A) not later than 60 days before a covered
11
institution enters into a contract pursuant to a
12
waiver request under paragraph (2)(A), or be-
13
fore a contract described in paragraph (2)(B)(i)
14
is renewed pursuant to a renewal request under
15
such paragraph, shall notify the covered institu-
16
tion—
17
(i) if the waiver or renewal will be
18
issued by the Secretary; and
19
(ii) in a case in which the waiver or
20
renewal will be issued, the date on which
21
the 1-year waiver period starts;
22
(B) may only issue a waiver under this
23
subsection to a covered institution if the Sec-
24
retary of Defense determines that the contract
25
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for which the waiver is being requested will
1
both—
2
(i) benefit the institution’s mission
3
and students; and
4
(ii) promote the security, stability,
5
and economic vitality of the United States;
6
and
7
(C) shall, when making the determination
8
described in subparagraph (B)(ii), base such
9
determination on the following factors:
10
(i) The reasons for which the foreign
11
entity of concern or covered nation has
12
been so designated, and why those reasons
13
do not apply to the contract for which
14
waiver is being sought.
15
(ii) The foreign entity of concern or
16
covered nation’s history of involvement
17
with covered institutions.
18
(iii) The degree to which such a con-
19
tract could provide access to information
20
or technology which could materially ben-
21
efit the national security of a covered na-
22
tion or harm the national security of the
23
United States.
24
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(4) NOTIFICATION
TO
CONGRESS.—Not later
1
than 15 calendar days prior to issuing a waiver
2
under this subsection, the Secretary of Defense shall
3
submit to the Committee on Armed Services of the
4
Senate and the Committee on Armed Services of the
5
House of Representatives written notice of the intent
6
of the Secretary to issue such waiver together with
7
a justification for such waiver.
8
(5) APPLICATION
OF
WAIVERS.—A waiver
9
issued under this subsection to a covered institution
10
with respect to a contract shall only—
11
(A) waive the prohibition under subsection
12
(a) for a 1-year period, or for the remainder of
13
the term of the contract, but not to exceed 4
14
years; and
15
(B) apply to the terms and conditions of
16
the proposed contract submitted as part of the
17
request for such waiver.
18
(c) CONTRACTS PRIOR TO DATE OF ENACTMENT.—
19
(1) IN GENERAL.—In the case of a covered in-
20
stitution that entered into contract with a covered
21
nation or foreign entity of concern prior to January
22
1, 2027, and which contract remains in effect on
23
such date, the Secretary shall notify the congres-
24
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sional defense committees within 90 days of enact-
1
ment of this Act.
2
(2) RENEWAL.—A covered institution that has
3
entered into a contract described in paragraph (1),
4
the term of which is longer than the waiver period
5
described in subparagraph (B) of such paragraph
6
and the terms and conditions of which remain the
7
same as the contract submitted as part of the re-
8
quest required under subparagraph (A) of such
9
paragraph, may submit a request for renewal of the
10
waiver issued under such paragraph in accordance
11
with subsection (c)(2)(B).
12
(d) DESIGNATION DURING CONTRACT TERM.—In
13
the case of a covered institution that enters into a contract
14
with a foreign source that is not a covered nation or a
15
foreign entity of concern but which, during the term of
16
such contract, is redesignated as a covered nation or for-
17
eign entity of concern, such institution shall terminate
18
such contract not later than 120 days after the Secretary
19
notifies the covered institution of such designation or im-
20
mediately requests a waiver.
21
(e) TRANSLATION REQUIREMENT.—Any information
22
required to be disclosed under this section with respect
23
to a contract that is not in English shall be translated,
24
for purposes of such disclosure, by a person that is not
25
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an affiliated entity or agent of the covered nation or for-
1
eign entity of concern involved with such contract.
2
(f) COMPLIANCE OFFICER.—Each covered institution
3
applying for a waiver under subsection (c), shall identify
4
a compliance officer, who shall—
5
(1) be a current employee or legally authorized
6
agent of such institution; and
7
(2) be responsible, on behalf of such institution,
8
for personally certifying—
9
(A) compliance with the prohibition under
10
this section; and
11
(B) the truth and accuracy of any informa-
12
tion contained in such a waiver request.
13
(g) ANNUAL REPORTS.—Section 1286(f) of the John
14
S. McCain National Defense Authorization Act for Fiscal
15
Year 2019 (Public Law 115–232;10 U.S.C. 4001 note)
16
is amended—
17
(1) in paragraph (1), by striking ‘‘and on the
18
periodic reviews conducted pursuant to subsection
19
(e)’’ and inserting ‘‘, on the periodic reviews con-
20
ducted pursuant to subsection (e), and the waivers
21
issued under section 216 of the National Defense
22
Authorization Act for Fiscal Year 2026’’; and
23
(2) in paragraph (2), by adding at the end the
24
following new subparagraph:
25
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‘‘(C) With respect to waivers described in
1
paragraph (1), the following:
2
‘‘(i) The terms and contents of any
3
waivers issued under section 216 of the
4
National Defense Authorization Act for
5
Fiscal Year 2026 in the period covered by
6
the report;
7
‘‘(ii) any trends in—
8
‘‘(I) the number of waivers issued
9
under such section over time; and
10
‘‘(II) the types of contracts to
11
which such waivers pertain; and
12
‘‘(iii) the processes used by the Sec-
13
retary to verify that covered institutions
14
(as defined in such section) are in compli-
15
ance with the requirements of such sec-
16
tion.’’.
17
(h) DEFINITIONS.—In this section:
18
(1)(A) Except as provided in subparagraph (B),
19
the term ‘‘contract’’ means—
20
(i) any agreement or memorandum of un-
21
derstanding for the acquisition, by purchase,
22
lease, or barter, of property or services by or
23
from a covered nation or foreign entity of con-
24
cern; or
25
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(ii) any affiliation, agreement, or similar
1
transaction with a covered nation or foreign en-
2
tity of concern that involves the use or ex-
3
change of the name, likeness, time, services, or
4
resources of a covered institution.
5
(B) The term ‘‘contract’’ does not include—
6
(i) an agreement solely or primarily for the
7
purposes of conducting a study-abroad program
8
wherein students at covered institutions in the
9
United States travel to a covered nation to
10
study;
11
(ii) an arms-length agreement for the ac-
12
quisition by purchase, lease, or barter of prop-
13
erty or services for the covered institution from
14
a foreign entity of concern; or
15
(iii) an agreement pertaining to a pre-ex-
16
isting campus or other satellite facility of a cov-
17
ered institution located in a covered nation or
18
a joint facility of a covered institution and an-
19
other entity located in a covered nation, unless
20
that facility could provide access to information
21
or technology which could materially benefit the
22
national security of a covered nation or harm
23
the national security of the United States.
24
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(2) The term ‘‘covered institution’’ means an
1
institution of higher education that conducts re-
2
search funded by the Department of Defense.
3
(3) The term ‘‘covered nation’’ has the meaning
4
given that term in section 4872(d) of title 10,
5
United States Code.
6
(4) The term ‘‘foreign entity of concern’’ means
7
any person or entity—
8
(A) listed on the Department of Com-
9
merce’s Entity List (Supplement No. 4 to part
10
744 of the Export Administration Regulations),
11
or successor list;
12
(B) included in the list of Chinese military
13
companies operating in the United States most
14
recently submitted under section 1260H(b)(1)
15
of the William M. (Mac) Thornberry National
16
Defense Authorization Act for Fiscal Year 2021
17
(Public Law 115–283;10 U.S.C. 113 note); or
18
(C) identified on the list published under
19
section 1286(c)(9)(A) of the John S. McCain
20
National Defense Authorization Act for Fiscal
21
Year 2019 (Public Law 115–232;10 U.S.C.
22
4001 note).
23
(5) The term ‘‘institution of higher education’’
24
has the meaning given that term in section 102 of
25
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the Higher Education Act of 1965 (20 U.S.C.
1
1002).
2
SEC. 217. WESTERN REGIONAL RANGE COMPLEX DEM-
3
ONSTRATION.
4
(a) DEMONSTRATION
REQUIRED.—The Secretary
5
shall carry out a demonstration of a joint multi-domain
6
kinetic and non-kinetic testing and training environment
7
across military departments by interconnecting existing
8
ranges and training sites in the western States to improve
9
joint multi-domain training and further testing, research,
10
and development.
11
(b) USE OF EXISTING RANGES AND CAPABILITIES.—
12
The demonstration carried out pursuant to subsection (a)
13
shall use existing ranges and range capability, unless ca-
14
pability gaps are identified in the process of planning spe-
15
cific demonstration activities.
16
(c) ACTIVITIES.—The demonstration carried out pur-
17
suant to subsection (a) shall include the following:
18
(1) Electromagnetic spectrum operations.
19
(2) Electromagnetic warfare.
20
(3) Operations that blend kinetic and non-ki-
21
netic effects.
22
(4) Operations in the information environment.
23
(5) Joint All Domain Command and Control
24
(JADC2).
25
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(6) Information warfare, including the fol-
1
lowing:
2
(A) Intelligence, surveillance, and recon-
3
naissance.
4
(B) Offensive and defense cyber oper-
5
ations.
6
(C) Electromagnetic warfare.
7
(D) Space operations.
8
(E) Psychological operations.
9
(F) Public affairs.
10
(G) Weather operations.
11
(d) TIMELINE FOR COMPLETION OF INITIAL DEM-
12
ONSTRATION.—In carrying out subsection (a), the Sec-
13
retary shall seek to complete an initial demonstration,
14
interconnecting two or more ranges or testing sites of two
15
or more military departments in the western States, sub-
16
ject to availability of appropriations, not later than one
17
year after the date of the enactment of this Act.
18
(e) BRIEFING.—Not later than 180 days after the
19
date of the enactment of this Act, the Secretary shall pro-
20
vide the congressional defense committees a briefing on—
21
(1) a phased implementation plan and design to
22
connect ranges and testing sites in the western
23
States, including the initial demonstration required
24
by subsection (d);
25
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(2) how the design architecture of the plan is
1
in alignment with recommendations of the 2020 De-
2
partment of Defense Electromagnetic Spectrum Su-
3
periority Strategy; and
4
(3) how the design architecture will support
5
high-periodicity training, testing, research, and de-
6
velopment.
7
(f) DEFINITIONS.—In this section:
8
(1) INFORMATION
ENVIRONMENT.—The term
9
‘‘information environment’’ means the aggregate of
10
individuals, organizations, and systems that collect,
11
process, and disseminate, or act on information.
12
(2) SECRETARY.—The term ‘‘Secretary’’ means
13
the Secretary of Defense.
14
(g) TERMINATION.—This section shall terminate on
15
September 30, 2028.
16
SEC. 218. MODIFICATION OF REQUIREMENT FOR DEPART-
17
MENT OF DEFENSE POLICIES FOR MANAGE-
18
MENT AND CERTIFICATION OF LINK 16 MILI-
19
TARY TACTICAL DATA LINK NETWORK.
20
Section 228(b) of the National Defense Authorization
21
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
22
4571 note) is amended—
23
(1) in paragraph (1)(A), by striking ‘‘the Ne-
24
vada Test and Training Range, Restricted Area
25
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2508, Warning Area 151/470, Warning Area 386,
1
and the Joint Pacific Alaska Range Complex’’ and
2
inserting ‘‘military special use airspace including all
3
prohibited areas, restricted areas, warning areas,
4
and military operational areas’’;
5
(2) in paragraph (2), in the matter before sub-
6
paragraph (A), by striking ‘‘training, and large-scale
7
exercises.’’ and inserting ‘‘regular training, and
8
large-scale exercises. Under such processes, approval
9
of Link 16 operations shall be presumed and denial
10
of Link 16 operations shall be accompanied with
11
substantiated evidence demonstrating compromise of
12
safety due to electromagnetic interference.’’; and
13
(3) in paragraph (5), by inserting ‘‘regular’’ be-
14
fore ‘‘training’’.
15
SEC. 219. ADVANCED ROBOTIC AUTOMATION FOR MUNI-
16
TIONS MANUFACTURING.
17
(a) PROGRAM REQUIRED.—The Secretary of the
18
Army shall carry out a program to support the maturation
19
and expansion of robotic automation capabilities for muni-
20
tions manufacturing at government-owned, contractor-op-
21
erated production facilities.
22
(b) OBJECTIVES.—The objectives of the program
23
under subsection (a) shall include the following:
24
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(1) The design and integration of inherently
1
safe, scalable robotic load, assemble, and pack
2
(LAP) systems for munitions production.
3
(2) The demonstration of increased throughput
4
and production capacity, while reducing manual han-
5
dling of energetic materials.
6
(3) The development of cyber-hardened data in-
7
frastructure for secure integration of factory-floor
8
operations with enterprise systems.
9
(4) Support for workforce upskilling and train-
10
ing in robotics, automation, and advanced manufac-
11
turing technologies.
12
(5) The evaluation of applicability across mul-
13
tiple munition types and organic industrial base
14
sites.
15
(c) COORDINATION.—In carrying out the program
16
under subsection (a), the Secretary of the Army shall co-
17
ordinate with the Joint Program Executive Office Arma-
18
ments and Ammunition and other relevant components of
19
the Department of the Army.
20
(d) BRIEFING.—Not later than March 1, 2026, the
21
Secretary of Defense shall provide the congressional de-
22
fense committees a briefing on the program carried out
23
under subsection (a). Such briefing shall cover—
24
(1) the progress made under the program;
25
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(2) lessons learned; and
1
(3) recommendations for the wider adoption of
2
robotic automation technologies within the defense
3
industrial base.
4
SEC. 220. DUAL-USE AND DEFENSE ADVANCED MANUFAC-
5
TURING INNOVATION HUBS.
6
(a) ESTABLISHMENT.—The Secretary of Defense
7
shall establish one or more dual-use advanced manufac-
8
turing hubs that co-locate and share resources among pub-
9
lic and private stakeholders from industry, academia, gov-
10
ernment, nongovernment agencies, and workforce and eco-
11
nomic development resources. The hub or hubs should
12
span the full spectrum of advanced manufacturing capa-
13
bilities and cover the full development timeline between
14
prototyping and fielding.
15
(b) REQUIREMENTS.—A hub established under sub-
16
section (a) shall—
17
(1) utilize, to the maximum extent possible, the
18
Department of Defense Manufacturing Innovation
19
Institutes (MII) and encourage the MIIs to coordi-
20
nate efforts in a joint manner;
21
(2) provide shared advanced manufacturing in-
22
frastructure and equipment, such as high-speed
23
metal printers and material testing laboratories;
24
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(3) establish a process to provide advanced
1
manufacturing capability, including on shared classi-
2
fied space as needed;
3
(4) utilize, to the maximum extent possible, the
4
Defense Logistics Agency’s Joint Additive Manufac-
5
turing Model Exchange (JAMMEX) as a central
6
data repository for technical data packages for ad-
7
vanced manufacturing;
8
(5) build on the Defense Innovation Unit’s Blue
9
Manufacturing Initiative and Blue Manufacturing
10
Marketplace to match hardware and software manu-
11
facturers in defense technology with advanced manu-
12
facturing providers; and
13
(6) meet annual production benchmarks for de-
14
fense applications.
15
(c) RECOMMENDATION.—Not later than September
16
30, 2026, the Under Secretary of Defense shall submit
17
to the congressional defense committees a recommenda-
18
tion for the appropriate number of regional hubs to be
19
established under subsection (a) for the Department of
20
Defense to meet its sustainment needs and such require-
21
ments, specifications, and capabilities as the regional hubs
22
may require.
23
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SEC. 220A. ADVANCED MANUFACTURING AND ADDITIVE
1
MANUFACTURING PROGRAMS.
2
(a) DEPARTMENT OF DEFENSE ADVANCED MANU-
3
FACTURING PROGRAM.—Not later than December 31,
4
2027, the Secretary of Defense, in coordination with the
5
Secretaries of the military departments, shall aim to qual-
6
ify and approve for manufacturing and delivery not fewer
7
than 1,000,000 parts or components of the Department
8
of Defense that use advanced manufacturing techniques,
9
with funding subject to the availability of appropriations
10
or other funds. In doing so, the Secretary shall ensure that
11
expedited processes for adoption of advanced manufac-
12
turing products are utilized across the components of the
13
Department of Defense and lifecycle phases for new and
14
existing systems.
15
(b) PROGRAM TO ADDITIVELY MANUFACTURE CER-
16
TAIN TYPES OF UNMANNED AERIAL SYSTEMS.—Not later
17
than September 30, 2026, the Secretary of Defense shall
18
carry out a program to certify new materials and processes
19
to manufacture 25 to100 percent of the parts of one of
20
each type of the following unmanned aerial system (UAS)
21
categories using advanced or additive manufacturing tech-
22
niques:
23
(1) Small unmanned aerial systems used as tac-
24
tical loitering munitions.
25
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(2) Small unmanned aerial systems used for
1
surveillance and reconnaissance missions.
2
(3) Small unmanned aerial systems used for lo-
3
gistics missions.
4
(c) PROGRAM TO CERTIFY ADDITIVELY MANUFAC-
5
TURED PARTS FOR MILITARY SYSTEMS WITH DIMIN-
6
ISHING
MANUFACTURING
SOURCES
AND
MATERIAL
7
SHORTAGES.—
8
(1) PROGRAM REQUIRED.—Not later than Sep-
9
tember 30, 2026, the Under Secretary of Defense
10
for Acquisition and Sustainment shall, in coordina-
11
tion with the Under Secretary of Defense for Re-
12
search and Engineering and the Secretaries of the
13
military departments, carry out a program to
14
produce replacement parts for military systems with
15
diminishing manufacturing sources and material
16
shortages using advanced or additive manufacturing
17
techniques.
18
(2) TESTED PARTS.—In carrying out the pro-
19
gram required by paragraph (1), the Under Sec-
20
retary of Defense for Acquisition and Sustainment
21
shall select not less than five parts for test, evalua-
22
tion, and certification under the program.
23
(3) TEST AND EVALUATION.—
24
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(A) IN
GENERAL.—In carrying out the
1
program required by paragraph (1), the Under
2
Secretary shall use additive manufacturing
3
techniques to manufacture the parts selected
4
pursuant to paragraph (2) and then test and
5
evaluate the manufactured parts.
6
(B) EVALUATION.—Evaluation under sub-
7
paragraph (A) shall be based on performance
8
rather than specifications.
9
(4) SHARING OF RESULTS AND DATA.—In car-
10
rying out the program required by paragraph (1),
11
the Under Secretary shall share test data across all
12
military departments and establish mechanisms for
13
data reciprocity for test and evaluation results for
14
additively manufactured parts across all military de-
15
partments.
16
(5) LIST
OF
OBSOLETE
PARTS.—The Under
17
Secretary shall, in coordination with the Secretaries
18
of the military departments, make a list of all parts
19
for military systems with diminishing manufacturing
20
sources and material shortages.
21
(6)
NEW
LICENSING
AGREEMENTS.—The
22
Under Secretary shall, in coordination with the Sec-
23
retaries of the military departments, create new li-
24
censing agreements with owners of intellectual prop-
25
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erty for the platforms with parts included in the list
1
required by paragraph (5) that allow additive manu-
2
facture of the parts.
3
(d) PROGRAM
TO
ADDITIVELY
MANUFACTURE
4
METAL PARTS.—
5
(1) PROGRAM
REQUIRED.—The Under Sec-
6
retary of Defense for Acquisition and Sustainment
7
shall carry out a program across all military depart-
8
ments to additively manufacture three commonly
9
used metal parts of each military department, such
10
as titanium, stainless steel, and aluminum.
11
(2) ASSESSMENT
REQUIRED.—Not later than
12
September 30, 2026, the Under Secretary shall—
13
(A) complete an assessment to determine
14
how to additively manufacture 10 metal parts
15
of each military department, with a preference
16
for parts that require long lead times to manu-
17
facture or have sole-source suppliers; and
18
(B) submit to the congressional defense
19
committees a report on the findings of the
20
Under Secretary with respect to the assessment
21
completed under subparagraph (A).
22
(e) PROGRAM TO ADDITIVELY MANUFACTURE PARTS
23
FOR GROUND COMBAT SYSTEMS.—The Under Secretary
24
of Defense for Acquisition and Sustainment shall, in co-
25
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ordination with the Secretary of the Army and the Direc-
1
tor of the Defense Logistics Agency—
2
(1) identify sustainment vulnerabilities in the
3
ground equipment supply chain of the Army, includ-
4
ing at the manufacturing arsenals and maintenance
5
depots of the Army that comprise the Organic In-
6
dustrial Base, where additive manufacturing could
7
be used to repair, upgrade, or modernize ground
8
combat systems;
9
(2) choose not less than five parts that have
10
long lead times for fabricating the greatest degree of
11
customized specifications or have the most limited
12
quantity in inventory and additively manufacture re-
13
placement parts for them;
14
(3) create a critical parts list identifying parts
15
and components across ground combat systems with
16
long lead times eligible to be additively manufac-
17
tured; and
18
(4) develop plans, in coordination with Army
19
Development Command, to integrate additive manu-
20
facturing techniques and technologies in the design,
21
production, and sustainment of next-generation com-
22
bat vehicles and their technologies. The developed
23
technologies should prioritize interoperability across
24
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military platforms and integration with other mili-
1
tary services.
2
SEC. 220B. IMPROVEMENTS RELATING TO ADVANCED MAN-
3
UFACTURING.
4
(a) LEADERSHIP CHANGES.—
5
(1) JOINT
DEFENSE
MANUFACTURING
TECH-
6
NOLOGY
PANEL.—Section 4842(b)(1) of title 10,
7
United States Code, is amended by striking ‘‘The
8
Chair of’’ and all that follows through ‘‘programs.’’
9
and inserting the following: ‘‘The Panel shall be co-
10
chaired by the Under Secretary of Defense for Ac-
11
quisition and Sustainment and the Under Secretary
12
of Defense for Research and Engineering.’’.
13
(2) JOINT ADDITIVE MANUFACTURING WORK-
14
ING
GROUP.—The Joint Additive Manufacturing
15
Working Group shall be co-chaired by the Under
16
Secretary
of
Defense
for
Acquisition
and
17
Sustainment and the Under Secretary of Defense for
18
Research and Engineering.
19
(3) CONSORTIUM
ON
ADDITIVE
MANUFAC-
20
TURING
FOR
DEFENSE
CAPABILITY
DEVELOP-
21
MENT.—Section 223 of the National Defense Au-
22
thorization Act for Fiscal Year 2024 (10 U.S.C.
23
4841 note) is amended—
24
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(A) by redesignating subsection (c) as sub-
1
section (d); and
2
(B) by inserting after subsection (b) the
3
following new subsection (c):
4
‘‘(c) CO-CHAIRS.—The Consortium shall be co-
5
chaired by the Under Secretary of Defense for Acquisition
6
and Sustainment and the Under Secretary of Defense for
7
Research and Engineering.’’.
8
(b) ADVANCED MANUFACTURING GUIDANCE
AND
9
MANUAL.—
10
(1) GUIDANCE, DOD I UPDATE, AND MANUAL
11
REQUIRED.—Not later than September 30, 2026,
12
the Under Secretary of Defense for Acquisition and
13
Sustainment and the Under Secretary of Defense for
14
Research and Engineering, in consultation with the
15
Secretaries of the military departments, shall—
16
(A) develop guidance to incorporate inno-
17
vations in advanced manufacturing in such a
18
way that the Department of Defense can better
19
and faster deliver capabilities, sustain oper-
20
ations, and protect the warfighter with the lat-
21
est technology while still ensuring quality, reli-
22
ability, and compatibility;
23
(B) update Department of Defense In-
24
struction 5000.93 (relating to use of additive
25
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manufacturing in the Department of Defense)
1
dated June 10, 2021, to waive the requirement
2
to maintain records of all additively produced
3
end-items put into operational use where the
4
additively produced part meets or exceeds per-
5
formance of the traditionally manufactured end-
6
item;
7
(C) create a manual in accordance with
8
such instruction that gets at the technical
9
standards required to qualify parts, compo-
10
nents, or products that use advanced manufac-
11
turing technologies and techniques; and
12
(D) not later than March 1, 2026, provide
13
the Committees on Armed Services of the Sen-
14
ate and the House of Representatives a briefing
15
on plans to update the guidance developed
16
under subparagraph (A) and the updates made
17
under subparagraph (B).
18
(2) CONSIDERATIONS.—In carrying out para-
19
graph (1), the Under Secretary of Defense for Ac-
20
quisition and Sustainment and the Under Secretary
21
of Defense for Research and Engineering shall con-
22
sider the 2016 Department of Defense Additive
23
Manufacturing Roadmap, the 2021 Department of
24
Defense Additive Manufacturing Strategy, the 2022
25
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National Strategy for Advanced Manufacturing, and
1
Department of Defense Instruction 5000.93.
2
(3) ALIGNMENT.—The Under Secretary of De-
3
fense for Acquisition and Sustainment and the
4
Under Secretary of Defense for Research and Engi-
5
neering shall ensure that the guidance on the use of
6
advanced manufacturing required by paragraph
7
(1)(A)—
8
(A) aligns with Department of Defense ac-
9
quisition to prioritize flexibility, interoperability,
10
and domestic sourcing; and
11
(B) requires the Department to prefer
12
United States manufacturers and equipment
13
and document a justification whenever the De-
14
partment uses a foreign source; and
15
(C) requires the Department to partner
16
with and direct funds to the Department’s
17
Manufacturing Innovation Institutes whenever
18
feasible.
19
(4) ELEMENTS.—
20
(A) GUIDANCE.—The guidance required by
21
paragraph (1)(A) shall include guidance for all
22
types of advanced manufacturing, including the
23
following:
24
(i) Additive manufacturing.
25
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(ii) Advanced materials.
1
(iii) Advanced composite materials.
2
(iv) Robotics and automation.
3
(v) Laser, machining, and welding.
4
(vi) Nanotechnology.
5
(vii) Network and information tech-
6
nology integration.
7
(B) MANUAL.—(i) The guidance required
8
by subparagraph (A) of paragraph (1) shall uti-
9
lize expedited qualification and testing proce-
10
dures established in section 865 of the National
11
Defense Authorization Act for Fiscal Year 2025
12
and result in a manual under subparagraph (C)
13
of such paragraph to establish standardized
14
processes to qualify parts and components pro-
15
duced by advanced manufacturing techniques
16
and technologies based on performance, rather
17
than specifications for testing and evaluation.
18
(ii) The process described in clause (i)
19
shall include a methodology for standardizing
20
technical production specifications, testing proc-
21
esses, and data reciprocity to share and accept
22
test results of the same additively manufactured
23
parts across all military departments.
24
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(iii) The process described in clause (i)
1
shall include test and evaluation results that fa-
2
cilitate data reciprocity across military depart-
3
ments, removing the need for each military de-
4
partment to independently validate the same
5
parts another military department has already
6
validated.
7
(iv) The manual shall include steps to
8
allow for streamlined incremental qualification,
9
rather than complete requalification, when the
10
design and manufacturing process incorporates
11
changes.
12
(v) The process described in clause (i) shall
13
explore the option for third-party, external cer-
14
tification for companies that cannot afford or
15
do not have the in-house expertise to do this on
16
their own but have the technology that the De-
17
partment needs.
18
(C)
ADVANCED
MATERIALS
AND
AD-
19
VANCED COMPOSITE MATERIALS RESEARCH.—
20
The guidance required by paragraph (1)(A) and
21
the manual required by paragraph (1)(C)—
22
(i) shall cover requirements for devel-
23
opment, test, and evaluation of the mate-
24
rial properties of advanced materials and
25
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advanced composite materials used in ad-
1
vanced manufacturing, including metals,
2
polymers, ceramics, composites, and hybrid
3
metals;
4
(ii) should include how to incorporate
5
integrated computational materials engi-
6
neering to predict the material properties
7
and the distribution of those properties in
8
additively manufactured parts and scale-up
9
additive manufacturing; and
10
(iii) shall include a list of rec-
11
ommendations for the types of amounts of
12
critical metals to stockpile for the Depart-
13
ment’s use in additive manufacturing,
14
which should be accessible to users of the
15
Defense Logistics Agency’s Joint Additive
16
Manufacturing
Model
Exchange
17
(JAMMEX).
18
(D) CYBERSECURITY.—(i) The guidance
19
required by paragraph (1)(A) and the manual
20
required by paragraph (1)(C) shall include cy-
21
bersecurity standards and guidelines for ad-
22
vanced manufacturing developed in consultation
23
with the Chief Information Officer.
24
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(ii) The guidance and manual should ad-
1
dress the unique challenges that advanced man-
2
ufacturing poses to Department information
3
networks.
4
(iii) The guidance and manual shall in-
5
clude matters relating to cybersecurity compli-
6
ance.
7
(iv) The guidance and manual shall call for
8
periodic security and compliance reviews.
9
(E) MODELING
AND
SIMULATION.—The
10
guidance and manual required by paragraph
11
(1)—
12
(i) shall include software-driven, arti-
13
ficial intelligence-enabled modeling and
14
simulation techniques for design, develop-
15
ment, test, and evaluation to the maximum
16
extent possible; and
17
(ii) should include integrating mod-
18
eling and simulation at every level, from
19
enterprise to individual operation, includ-
20
ing utilizing digital engineering.
21
(F) INTELLECTUAL
PROPERTY.—(i) The
22
guidance required by paragraph (1)(A) and the
23
manual required by paragraph (1)(C) shall in-
24
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clude processes and contracting mechanisms to
1
protect and manage intellectual property.
2
(ii) The processes and contracting mecha-
3
nisms described in clause (i) shall be designed
4
to incentivize innovation while allowing the De-
5
partment to additively manufacture parts and
6
products for military systems at scale and on
7
demand in case of contingency or crisis. This
8
can include new licensing agreements with
9
terms and conditions that allow for innovative
10
intellectual property strategies.
11
(iii) The guidance and manual shall in-
12
clude considerations to incorporate the Defense
13
Logistics Agency’s Joint Additive Manufac-
14
turing Model Exchange (JAMMEX).
15
(G) QUALITY ASSURANCE.—(i) The guid-
16
ance required by paragraph (1)(A) and the
17
manual required by paragraph (1)(C) shall in-
18
clude processes, materials, and technologies to
19
ensure continuous quality control throughout
20
the entire manufacturing process and post-pro-
21
duction.
22
(ii) The guidance and manual shall incor-
23
porate the process window qualification method-
24
ology, which is designed to be machine-agnostic,
25
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or independent of specific machine brands or
1
software providers, as well as the following:
2
(I)
Real-time
process
monitoring
3
leveraging machine sensors and software
4
analytics to detect and instantly mitigate
5
deviations prevents defects and unauthor-
6
ized parameter changes.
7
(II) Integration of machine learning
8
algorithms that analyze production data in
9
real-time allows the identification of anom-
10
alies indicative of potential quality or secu-
11
rity threats, enabling proactive mitigation.
12
(III) Software-defined quality assur-
13
ance protocols enforce standardized, re-
14
peatable verification processes, greatly im-
15
proving reliability and simplifying security
16
audits.
17
(H) PROLIFERATION OF ADDITIVE MANU-
18
FACTURING
CAPABILITIES.—The guidance re-
19
quired by paragraph (1) shall include a plan
20
that includes phasing and funding requirements
21
to proliferate advanced manufacturing tech-
22
nologies and techniques across the entire De-
23
partment, at the enterprise level to tactical
24
operational units. This guidance shall—
25
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(i) identify end-user access and oper-
1
ational needs for advanced manufacturing
2
and associated resourcing, infrastructure,
3
and basing requirements;
4
(ii) establish logistics models for pro-
5
duction of additively manufactured parts in
6
the continental United States and at for-
7
ward operating locations;
8
(iii) improve supply chain risk man-
9
agement; and
10
(iv) stimulate supply chain agility
11
within the Department.
12
(I) TRAINING.—The guidance required by
13
paragraph (1)(A) shall include training pro-
14
gram requirements, phasing, and sequencing to
15
ensure each warfighter is equipped with the
16
knowledge and skills to use advanced manufac-
17
turing techniques and technologies efficiently
18
and safely. The guidance shall—
19
(i) outline which military occupational
20
specialty career fields to train in advanced
21
manufacturing equipment, techniques, and
22
procedures with each military service and
23
the degree of proficiency and training time
24
required;
25
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(ii) explore partnerships to establish
1
apprenticeships
and
skilled
technician
2
training pipelines to support Department
3
of Defense research and development pro-
4
grams and programs of record; and
5
(iii) consider creating new initiatives
6
within existing transition assistance pro-
7
grams to create pathways for members of
8
the Armed Forces to receive the training
9
necessary to adapt their military skills to
10
civilian jobs in advanced manufacturing.
11
(5) MANUAL REQUIRED.—The manual created
12
under paragraph (1)(C) shall be a service-agnostic,
13
vendor-agnostic manual on advanced manufacturing
14
techniques and technologies for the Department of
15
Defense—
16
(A) to standardize across the military de-
17
partments the technical parameters for manu-
18
facturing parts and products using advanced
19
manufacturing techniques;
20
(B) to outline the categories and levels of
21
risk associated with such parts and products,
22
including distinguishing between safety-critical
23
and non-safety-critical parts and providing ex-
24
pedited approvals for low-risk parts through
25
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standardized material datasets and pre-qualified
1
manufacturing protocols;
2
(C) to lay out the processes for qualifica-
3
tion and certification across categories of such
4
parts and products;
5
(D) to establish data reciprocity for test
6
and evaluation data across all military depart-
7
ments with respect to qualifying such parts and
8
products;
9
(E) to utilize the Defense Logistics Agen-
10
cy’s Joint Additive Manufacturing Model Ex-
11
change (JAMMEX) as the central data reposi-
12
tory for technical data packages for advanced
13
manufacturing; and
14
(F) to incorporate new proposed qualifica-
15
tion approaches proposed by industry consor-
16
tiums, Manufacturing Innovation Institutes,
17
and
Small
Business
Innovation
Research
18
(SBIR) and Small Business Technology Trans-
19
fer (STTR) programs.
20
(6) TIMELINE.—
21
(A) INITIAL.—The Secretary shall ensure
22
that the guidance required by paragraph (1)(A)
23
goes into effect in fiscal year 2026 by providing
24
guidance with respect to the top three essential
25
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metals each military department needs to main-
1
tain its operational platforms.
2
(B) SUBSEQUENT.—The Secretary shall
3
ensure that the guidance required by paragraph
4
(1)(A) goes into effect not later than January
5
1, 2027, for all essential metals not covered by
6
subparagraph (A).
7
(7) ADVANCED MANUFACTURING DEFINED.—In
8
this subsection, the term ‘‘advanced manufacturing’’
9
means a manufacturing process using the following:
10
(A) Additive manufacturing.
11
(B) Wire-arc additive manufacturing.
12
(C) Powder bed fusion manufacturing.
13
(D) Other manufacturing capabilities simi-
14
lar to those listed in subparagraphs (A) through
15
(C).
16
SEC. 220C. LIMITATION ON AVAILABILITY OF FUNDS FOR
17
FUNDAMENTAL RESEARCH COLLABORATION
18
WITH CERTAIN ACADEMIC INSTITUTIONS.
19
(a) LIMITATION.—Except as provided in subsection
20
(b), none of the funds authorized to be appropriated by
21
this Act or otherwise made available for the Department
22
of Defense for fiscal year 2026 may be obligated or ex-
23
pended to award a grant or contract to an institution of
24
higher education for the specific purposes of conducting
25
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fundamental research in collaboration with a covered enti-
1
ty.
2
(b) WAIVER.—
3
(1) IN GENERAL.—The Assistant Secretary of
4
Defense for Science and Technology may waive the
5
limitation under subsection (a), on a case-by-case
6
basis, with respect to an individual grant or contract
7
for an institution of higher education if the Assist-
8
ant Secretary determines that such a waiver is in
9
the national security interests of the United States.
10
(2) CONGRESSIONAL NOTICE.—Not later than
11
30 days after the date on which an award is made
12
by the Department of Defense involving an institu-
13
tion of higher education with respect to which a
14
waiver is made under paragraph (1), the Assistant
15
Secretary of Defense for Science and Technology
16
shall submit to the Committees on Armed Services
17
of the Senate and the House of Representatives no-
18
tice of such waiver.
19
(c) REPORT ANNEX.—
20
(1) IN GENERAL.—On an annual basis, as a
21
classified or controlled unclassified information
22
annex to the annual report required by section
23
1286(f) of the John S McCain National Defense Au-
24
thorization Act for Fiscal Year 2019 (Public Law
25
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115–232; 10 U.S.C. 4001 note), the Secretary of
1
Defense shall submit to the Committees on Armed
2
Services of the Senate and the House of Representa-
3
tives a report annex on the compliance of the De-
4
partment of Defense and institutions of higher edu-
5
cation with the requirements of this section.
6
(2) CONTENTS.—Each report annex submitted
7
pursuant to paragraph (1) shall include, for each
8
waiver issued under subsection (b) during the period
9
covered by the report—
10
(A) a justification for the waiver; and
11
(B) a detailed description of the type and
12
extent of any collaboration between an institu-
13
tion of higher education and a covered entity al-
14
lowed pursuant to the waiver, including identi-
15
fication of the institution of higher education
16
and the covered entities involved, the type of
17
technology involved, the duration of the collabo-
18
ration, and terms and conditions on intellectual
19
property assignment, as applicable, under the
20
collaboration agreement.
21
(d) DEFINITIONS.—In this section:
22
(1) The term ‘‘collaboration’’ means coordi-
23
nated activity between an institution of higher edu-
24
cation and a covered entity and includes—
25
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(A) sharing of research facilities, re-
1
sources, or data;
2
(B) sharing of technical know-how;
3
(C) any financial or in-kind contribution
4
intended to produce a research product;
5
(D) sponsorship or facilitation of research
6
fellowships, visas, or residence permits;
7
(E) joint ventures, partnerships, or other
8
formalized agreements for the purpose of con-
9
ducting research or sharing resources, data, or
10
technology;
11
(F) inclusion of researchers as consultants,
12
advisors, or members of advisory or review
13
boards; and
14
(G) such other activities as may be deter-
15
mined by the Secretary of Defense.
16
(2) The term ‘‘covered entity’’—
17
(A) means an academic institution that is
18
included in the most recently updated list devel-
19
oped pursuant to 1286(c)(9) of the John S.
20
McCain National Defense Authorization Act for
21
Fiscal Year 2019 (Public Law 115–232; 10
22
U.S.C. 4001 note); and
23
(B) includes any individual employed by
24
such an academic institution.
25
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(3) The term ‘‘fundamental research’’ has the
1
meaning given that term in National Security Deci-
2
sion Directive-189 (NSSD-189), National Policy on
3
the Transfer of Scientific, Technical and Engineer-
4
ing Information, dated September 21, 1985, or any
5
successor document.
6
(4) The term ‘‘institution of higher education’’
7
has the meaning given that term in section 102 of
8
the Higher Education Act of 1965 (20 U.S.C. 1002)
9
and includes—
10
(A) any department, program, project, fac-
11
ulty, researcher, or other individual, entity, or
12
activity of such institution; and
13
(B) any branch of such institution within
14
or outside the United States.
15
Subtitle C—Plans, Reports, and
16
Other Matters
17
SEC. 221. CATALYST PATHFINDER PROGRAM.
18
(a) ESTABLISHMENT.—Not later than January 1,
19
2027, the Secretary of the Army shall establish a soldier-
20
inspired innovation program—
21
(1) that creates partnerships between oper-
22
ational units of the Army and leading national re-
23
search universities to provide a unique platform for
24
university-based researchers and small businesses to
25
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collaborate directly with soldiers on cutting-edge ap-
1
plied research and development; and
2
(2) to integrate soldiers into the early-stage
3
problem identification process and include them in
4
the solution development process to ensure technical
5
solutions are meeting soldier needs and enhancing
6
lethality.
7
(b) DESIGNATION.—The program established pursu-
8
ant to subsection (a) shall be known as the ‘‘Catalyst
9
Pathfinder Program’’ (in this section the ‘‘Program’’).
10
(c) ACTIVITIES.—In carrying out the Program, the
11
Secretary shall—
12
(1) establish activities at all active-duty divi-
13
sions of the Army to accelerate the incorporation of
14
soldier insights into capability development;
15
(2) establish policies that streamline collabora-
16
tion between soldiers, Army Futures Command, and
17
academic institutions;
18
(3) establish a governance board that includes
19
representatives from the research, development, test,
20
and evaluation, acquisition, requirements, industry,
21
and academic communities;
22
(4) promote transition of successful Program
23
projects to Army programs; and
24
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(5) implement an adaptive experimentation
1
force capability to support technology experimen-
2
tation activities throughout the solution development
3
cycle
4
(d) TREATMENT OF PROGRAM.—The Program shall
5
be treated as a research, development, test, and evaluation
6
activity in the Army’s input to the Future Year Defense
7
Program.
8
SEC. 222. EXTENSION OF PERIOD FOR ANNUAL REPORTS
9
ON
CRITICAL
TECHNOLOGY
AREAS
SUP-
10
PORTIVE OF THE NATIONAL DEFENSE STRAT-
11
EGY.
12
Section 217(c)(1) of the William M. (Mac) Thorn-
13
berry National Defense Authorization Act for Fiscal Year
14
2021 (Public Law 116–283; 10 U.S.C. 4001 note) is
15
amended, in the matter before subparagraph (A), by strik-
16
ing ‘‘December 1, 2025’’ and inserting ‘‘December 1,
17
2030’’.
18
SEC. 223. EVALUATION OF ADDITIONAL TEST CORRIDORS
19
FOR HYPERSONIC AND LONG-RANGE WEAP-
20
ONS.
21
(a) EVALUATION REQUIRED.—To assess impact ef-
22
fectiveness and increase the cadence of testing and train-
23
ing for long-range and hypersonic systems, the Secretary
24
of Defense shall, acting through the Under Secretary of
25
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Defense for Research and Engineering and the Director
1
of the Test Resource Management Center and in consulta-
2
tion with requirements owners of long-range and
3
hypersonic systems of the Armed Forces, evaluate—
4
(1) the comparative advantages of episodic and
5
permanent special activity airspace designated by
6
the Federal Aviation Administration for use by the
7
Department of Defense suitable for the test and
8
training of long-range and hypersonic systems; and
9
(2) requirements for continental test ranges, in-
10
cluding—
11
(A) attributes, including live, virtual, and
12
constructive capabilities;
13
(B) scheduling and availability;
14
(C) safety;
15
(D) end strength;
16
(E) facilities, infrastructure, radar, and re-
17
lated systems;
18
(F) launch locations including—
19
(i) Bearpaw Air Traffic Control As-
20
signed Airspace, Montana;
21
(ii) Mountain Home Range Complex,
22
Idaho;
23
(iii) Fallon Range Training Complex,
24
Nevada;
25
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(iv) Utah Test and Training Range,
1
Utah;
2
(v) Nevada Test and Training Range,
3
Nevada;
4
(vi) Green River Test Complex, Utah;
5
and
6
(vii) White Sands Missile Range, New
7
Mexico;
8
(G) impact areas within the White Sands
9
Missile Range, New Mexico; and
10
(H) such other characteristics as the Sec-
11
retary considers appropriate.
12
(b) BRIEFING.—Not later than December 1, 2026,
13
the Secretary shall provide to the Committee on Armed
14
Services of the Senate and the Committee on Armed Serv-
15
ices of the House of Representatives a briefing on the find-
16
ings of the Secretary with respect to the evaluation con-
17
ducted pursuant to subsection (a), including an assess-
18
ment of the completion date.
19
(c) DEFINITIONS.—In this section:
20
(1) The term ‘‘impact area’’ means the point at
21
which a test terminates.
22
(2) The term ‘‘launch location’’ means the point
23
from which a test is initiated.
24
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SEC. 224. TECHNICAL CORRECTION.
1
Chapter 9 of title 10, United States Code, is amended
2
by redesignating the section 222e that was added by sec-
3
tion 211 of the National Defense Authorization Act for
4
Fiscal Year 2024 (Public Law 118–31) as section 222f.
5
SEC. 225. CONGRESSIONALLY DIRECTED PROGRAMS FOR
6
TEST AND EVALUATION OVERSIGHT.
7
(a) REQUIREMENT.—The Director of Operational
8
Test and Evaluation shall include in the annual report re-
9
quired by section 139(h) of title 10, United States Code,
10
an assessment of the operational and live fire test and
11
evaluation activities for—
12
(1) Golden Dome software development;
13
(2) the Joint Fires Network; and
14
(3) the Cryptographic Modernization Program.
15
(b) ALTERNATE PATHWAY.—For any effort under
16
subsection (a) assigned to the software acquisition path-
17
way pursuant to section 3603 of title 10, United States
18
Code, the Director of Operational Test and Evaluation
19
shall assess the effort in accordance with the alternative
20
test and evaluation pathway established in this Act.
21
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SEC. 226. PROHIBITION ON MODIFICATION OF INDIRECT
1
COST RATES FOR INSTITUTIONS OF HIGHER
2
EDUCATION
AND
NONPROFIT
ORGANIZA-
3
TIONS.
4
(a) PROHIBITION.—The Secretary of Defense may
5
not change or modify indirect cost rates (otherwise known
6
as facilities and administration cost rates) for Department
7
of Defense grants and contracts awarded to institutions
8
of higher education and nonprofit organizations (as those
9
terms are defined in part 200 of title 2, Code of Federal
10
Regulations) until the Secretary makes the certification
11
described under subsection (b).
12
(b) CERTIFICATION.—A certification under this sub-
13
section is a certification to the congressional defense com-
14
mittees that the Department of Defense—
15
(1) working with the extramural research com-
16
munity, including representatives from universities,
17
university associations, independent research insti-
18
tutes, and private foundations, has developed an al-
19
ternative indirect cost model that has—
20
(A) reduced the indirect cost rate for all
21
applicable institutions of higher education and
22
nonprofit organizations (compared to indirect
23
rates for fiscal year 2025); and
24
(B) optimized payment of legitimate and
25
essential indirect costs involved in conducting
26
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Department of Defense research to ensure
1
transparency and efficiency for Department of
2
Defense-funded grants and contracts; and
3
(2) established an implementation plan with
4
adequate transition time to change budgeting and
5
accounting processes for affected institutions of
6
higher education and nonprofit organizations.
7
SEC. 227. ENHANCE INTERNATIONAL COORDINATION FOR
8
ADVANCED MANUFACTURING TECHNIQUES,
9
TECHNOLOGIES, AND ADOPTION.
10
The Under Secretary of Defense for Acquisition and
11
Sustainment and the Under Secretary of Defense for Re-
12
search and Engineering shall establish a working group
13
to coordinate and support international activities that fa-
14
cilitate information-sharing, enhance interoperability, ex-
15
plore joint research and development opportunities, iden-
16
tify technology licensing requirements, incorporate ad-
17
vanced manufacturing capabilities into combined trainings
18
and exercises, and set technical expertise and training
19
standards for advanced manufacturing techniques, tech-
20
nologies, and adoption. The countries involved should be
21
those with which the United States has reciprocal defense
22
procurement agreements or security of supply arrange-
23
ments.
24
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Subtitle D—Biotechnology
1
SEC. 231. BIOTECHNOLOGY MANAGEMENT OFFICE.
2
(a) DESIGNATION OF SENIOR OFFICIAL.—Not later
3
than 90 days after the date of the enactment of this Act,
4
the Secretary of Defense shall designate a senior official,
5
with relevant biotechnology experience, from a position
6
within the Department of Defense that was in effect on
7
the day before the date of the enactment of this Act—
8
(1) to be the senior official for biotechnology
9
issues;
10
(2) to be the head the Biotechnology Manage-
11
ment Office established under subsection (b); and
12
(3) to carry out the responsibilities for the of-
13
fice in subsection (c).
14
(b) ESTABLISHMENT OF BIOTECHNOLOGY MANAGE-
15
MENT OFFICE.—Not later than 120 days after the date
16
of the enactment of this Act, the Secretary of Defense
17
shall, with input from the senior official designated under
18
subsection (a), charter and establish, under the authority,
19
direction, and control of the Deputy Secretary of Defense,
20
a Biotechnology Management Office to foster the develop-
21
ment, acquisition and sustainment of broad-based bio-
22
technology capabilities for the Department.
23
(c) RESPONSIBILITIES.—The office established under
24
subsection (b) shall be responsible for the following:
25
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(1) Maintaining and executing the Defense Bio-
1
technology
Strategy
required
by
section
2
øBAG25949¿, including development and execution
3
of a long-term research, development, acquisition,
4
and sustainment roadmap.
5
(2) Updating policies and guidance within the
6
Department relating to the acquisition, adoption,
7
and transition of biotechnology-based products into
8
Department use.
9
(3) Coordinating with activities across the De-
10
partment, the Federal Government, industry, aca-
11
demia, and international partners relating to bio-
12
technology.
13
(4) Proposing options for streamlining the regu-
14
latory or acquisition process of the Department.
15
(5) Conducting, as may be needed, global com-
16
petition analyses, net assessment or forecasting to
17
support decisionmakers on biotechnology advances.
18
(6) Supporting the development of public-pri-
19
vate partnerships with academia, industry, and other
20
State and local government partners, including
21
through the development or fostering of regionally
22
focused innovation ecosystems.
23
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(7) Identifying biotechnology workforce and
1
training gaps across the workforce of the Depart-
2
ment.
3
(8) Such other responsibilities as the Secretary
4
considers appropriate.
5
(d) SUNSET.—The office established pursuant to sub-
6
section (a) shall terminate on September 30, 2035.
7
(e) BRIEFING.—Not later than 30 days after the des-
8
ignation of the senior official pursuant to subsection (a),
9
the Secretary shall provide to the congressional defense
10
committees a briefing on the proposed scope of the charter
11
for the office to be established pursuant to subsection (b),
12
as well as implementation plans for preliminary activities
13
the office will pursue during the proceeding one-year pe-
14
riod.
15
SEC. 232. DEPARTMENT OF DEFENSE BIOTECHNOLOGY
16
STRATEGY.
17
(a) IN GENERAL.—Not later than June 1, 2026, the
18
Secretary of Defense shall, in coordination with the Under
19
Secretary of Defense for Research and Engineering and
20
the Under Secretary of Defense for Acquisition and
21
Sustainment, submit to the Committee on Armed Services
22
of the Senate and the Committee on Armed Services of
23
the House of Representatives a strategy on the national
24
security implications of emerging biotechnologies, includ-
25
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ing the future role that biotechnology will play in defense,
1
and means to improve industry, interagency, and inter-
2
national relationships in this sector.
3
(b) ELEMENTS.—The strategy required pursuant to
4
subsection (a) shall include the following elements:
5
(1) How the Department of Defense will de-
6
velop and expand a network of commercial facilities
7
for the biomanufacture of products that are critical
8
for defense needs.
9
(2) Review and update of military specifications
10
in order to better incorporate or substitute current
11
products with biotechnology-based products.
12
(3) Updated plans and policies for the Depart-
13
ment to enter into advance market commitments
14
and offtake agreements for biotechnology products
15
that have defense applications.
16
(4) A description of how the Department could
17
better incorporate military-relevant applications of
18
emerging biotechnology into wargaming exercises,
19
tabletop exercises, or other net assessment analyses.
20
(5) The benefits and costs of issuing a research
21
grand challenge, or a series of challenges, that focus
22
on making biotechnology predictably engineerable
23
and how the Department would implement such re-
24
search grand challenge, or challenges.
25
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(6) Development of a biotechnology regulation
1
science and technology program within the Depart-
2
ment, including development of digital infrastructure
3
to support simplified regulation and the development
4
of biometrology tools.
5
(7) Updated plans and policies for inter-govern-
6
mental support that the Department could provide
7
in encouraging member countries of the North At-
8
lantic Treaty Organization (NATO) to aggregate de-
9
mand and pool purchasing power for biotechnology
10
products.
11
(8) Review of plans and guidance on how the
12
Department can work to develop, integrate, and dis-
13
seminate biotechnology research initiatives across
14
member countries of the North Atlantic Treaty Or-
15
ganization, and how the Department might coordi-
16
nate with international stakeholders to utilize the
17
combined research capabilities of such member coun-
18
tries to drive a biotechnology development approach.
19
SEC. 233. DEFINING GUIDELINES AND POLICIES ON THE
20
USE OF BIOTECHNOLOGY FOR THE ARMED
21
FORCES.
22
(a) GUIDELINES
AND POLICIES REQUIRED.—Not
23
later than one year after the date of the enactment of this
24
Act, the Secretary of Defense shall, after coordinating
25
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with the Under Secretary of Defense for Research and En-
1
gineering, the Under Secretary of Defense for Acquisition
2
and Sustainment, the Under Secretary of Defense for Pol-
3
icy and external stakeholders, including representation
4
from industry and academia, develop guidelines and poli-
5
cies on the ethical and responsible development and de-
6
ployment of biotechnology within the Department of De-
7
fense and the Armed Forces.
8
(b) ELEMENTS.—The guidelines and policies devel-
9
oped pursuant to subsection (a) shall include the following:
10
(1) Definitions of ethical and responsible devel-
11
opment and use of biotechnology.
12
(2) Guidelines relating to ethical and respon-
13
sible development and use of biotechnology.
14
(3) Policies relating to informed consent of
15
members of the Armed Forces participating in bio-
16
technology development.
17
(4) Policies relating to reversibility and heri-
18
table treatment of potential biotechnology applica-
19
tions.
20
(5) Policies relating to biotechnologies and their
21
potential effects on the environment.
22
(6) Policies relating to human performance en-
23
hancement.
24
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(7) Policies relating to the compliance and obli-
1
gations of the Department to the United Nations Bi-
2
ological Weapons Convention, and other inter-
3
national agreements pertaining to the laws of armed
4
conflict.
5
(8) Such other matters as the Secretary con-
6
siders appropriate.
7
(c) REPORT.—
8
(1) IN GENERAL.—No later than one year after
9
the date of the enactment of this Act, the Secretary
10
shall submit to the congressional defense committees
11
a report outlining the guidelines and policies devel-
12
oped pursuant to subsection (a), including the meth-
13
odologies through which the guidelines and policies
14
were developed.
15
(2) FORM.—The report submitted pursuant to
16
paragraph (1) shall be submitted in unclassified
17
form, but may include a classified annex.
18
(d) BIENNIAL BRIEFINGS.—
19
(1) IN
GENERAL.—Not later than two years
20
after the date of the enactment of this Act and not
21
less frequently than once every two years thereafter
22
until November 1, 2031, the Secretary shall provide
23
to the congressional defense committees a briefing
24
on the implementation of the guidelines and policies
25
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developed pursuant to subsection (a), including a
1
discussion of any adjustments made to the policies
2
and such recommendations for legislative or admin-
3
istrative action as the Secretary may have to ensure
4
their successful implementation.
5
(2) FINAL BRIEFING.—The final briefing pro-
6
vided pursuant to paragraph (1) shall be provided
7
during the 60-day period ending on November 1,
8
2031.
9
SEC. 234. ENHANCEMENT OF INTERNATIONAL BIODEFENSE
10
CAPACITY.
11
(a) CLARIFICATION OF ROLES AND RESPONSIBIL-
12
ITIES.—
13
(1) IN
GENERAL.—The Secretary of Defense
14
shall direct the Assistant Secretary of Defense for
15
Nuclear Deterrence, Chemical and Biological De-
16
fense Programs, in consultation with the Director of
17
the Defense Threat Reduction Agency, to enter into
18
memoranda of understanding with other depart-
19
ments and agencies of the Federal Government to
20
clarify the roles and responsibilities of those depart-
21
ments and agencies for building biodefense capabili-
22
ties internationally in execution of national security
23
and other policies of the Federal Government, with
24
the Secretary focused on working with defense coun-
25
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terparts in countries that are allies of the United
1
States.
2
(2) ELEMENTS
OF
MEMORANDA
OF
UNDER-
3
STANDING.—The memoranda of understanding en-
4
tered into under paragraph (1) shall address how
5
each relevant department or agency selects partner
6
countries and the feasibility of coordinating efforts
7
with each such country.
8
(b) DEVELOPMENT
OF
BIODEFENSE
CAPABILI-
9
TIES.—The Secretary of Defense, acting through the As-
10
sistant Secretary of Defense for Nuclear Deterrence,
11
Chemical and Biological Defense programs, shall provide
12
to the Director of the Defense Threat Reduction Agency
13
global authority to support development of biodefense ca-
14
pabilities and capacities in countries that are allies of the
15
United States, subject to review and input on an as-needed
16
basis by leadership of the Department of Defense and the
17
relevant combatant commands.
18
TITLE III—OPERATION AND
19
MAINTENANCE
20
Subtitle A—Authorization of
21
Appropriations
22
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
23
Funds are hereby authorized to be appropriated for
24
fiscal year 2026 for the use of the Armed Forces and other
25
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activities and agencies of the Department of Defense for
1
expenses, not otherwise provided for, for operation and
2
maintenance, as specified in the funding table in section
3
4301.
4
Subtitle B—Energy and
5
Environment
6
SEC. 311. DEPARTMENT OF DEFENSE GUIDELINES REGARD-
7
ING IMPLEMENTATION OF THE NATIONAL
8
ENVIRONMENTAL POLICY ACT OF 1969.
9
(a) IN GENERAL.—Not later than 120 days after the
10
date of the enactment of this Act, the Secretary of Defense
11
shall rescind all existing Department of Defense directives
12
regarding the implementation of the National Environ-
13
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in
14
this section referred to as ‘‘NEPA’’) and replace those di-
15
rectives with a new directive with uniform guidance that
16
the military departments and other agencies of the De-
17
partment of Defense must implement.
18
(b) ELEMENTS OF NEW NEPA DIRECTIVE.—The
19
new directive required under subsection (a) shall ensure
20
that all components of the Department of Defense comply
21
with the requirements under NEPA, including the up-
22
dated guidelines established under title III of division C
23
of the Fiscal Responsibility Act of 2023 (Public Law 118–
24
5; 137 Stat. 38).
25
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(c) DESIGNATION REQUIRED.—Not later than 90
1
days after the date of the enactment of this Act, the Sec-
2
retary of Defense shall designate an appropriate official
3
of the Department of Defense responsible for imple-
4
menting the NEPA directive established under subsection
5
(a) and ensuring the timely execution of all reviews re-
6
quired under NEPA without unnecessary regulatory
7
delays.
8
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
9
tion shall be construed to amend or override any provision
10
of the National Environmental Policy Act of 1969 (42
11
U.S.C. 4321 et seq.).
12
SEC. 312. REQUIREMENT TO SUPPORT TRAINING ON WILD-
13
FIRE PREVENTION AND RESPONSE.
14
Section 351 of the National Defense Authorization
15
Act for Fiscal Year 2018 (Public Law 115–91; 32 U.S.C.
16
501 note) is amended, in the matter preceding paragraph
17
(1), by striking ‘‘may’’ and inserting ‘‘shall’’.
18
SEC. 313. USE OF SOLID WASTE DISPOSAL SYSTEMS BY DE-
19
PARTMENT OF DEFENSE.
20
(a) EXPEDITIONARY SOLID WASTE DISPOSAL SYS-
21
TEMS.—
22
(1) IN
GENERAL.—The Secretary of Defense
23
may use expeditionary solid waste disposal systems
24
for the destruction of illicit contraband, including
25
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seized counterfeit materials, unauthorized military
1
gear, and classified materials.
2
(2) AVAILABILITY OF SYSTEMS.—The expedi-
3
tionary solid waste disposal systems units deployed
4
under subsection (a) shall be—
5
(A) equipped to support operations related
6
to border security and the elimination of con-
7
traband; and
8
(B) made available to military installa-
9
tions, forward operating bases, and partner se-
10
curity forces as needed to assist in countering
11
infiltration and unauthorized use of military as-
12
sets of the United States.
13
(b) PROHIBITION ON USE OF OPEN-AIR BURN PITS
14
TO DISPOSE OF CERTAIN MATERIAL.—The Secretary of
15
Defense may not use open-air burn pits for the disposal
16
of illicit contraband, classified military equipment, or haz-
17
ardous waste materials.
18
SEC. 314. MODIFICATION OF AVAILABILITY AND USE OF EN-
19
ERGY COST SAVINGS.
20
Section 2912 of title 10, United States Code, is
21
amended—
22
(1) in subsection (c)—
23
(A) by striking ‘‘The amount’’ and insert-
24
ing ‘‘(1) The amount’’;
25
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(B) by striking ‘‘additional operational en-
1
ergy’’ and all that follows through the period at
2
the end and inserting ‘‘operational energy ini-
3
tiatives.’’; and
4
(C) by adding at the end the following new
5
paragraph:
6
‘‘(2) The Secretary of Defense shall design oper-
7
ational energy initiatives under paragraph (1) to advance
8
the objectives of the Department in the areas of energy
9
resilience and fuel efficiency.
10
‘‘(3) Operational energy initiatives carried out under
11
paragraph (1) may directly contribute to enhanced mission
12
and combat capabilities, fund operational environment
13
training activities, or establish programs to incentivize de-
14
monstrable reductions in energy expenditures within the
15
department, agency, or instrumentality credited with
16
achieving the energy cost savings under subsection (a).’’;
17
(2) in subsection (e)(1), by striking ‘‘The Sec-
18
retary of Defense may transfer amounts described in
19
subsection (a) that remain available for obligation’’
20
and inserting ‘‘Not later than 60 days after being
21
notified of amounts described in subsection (a) that
22
remain available for obligation, the Secretary of De-
23
fense shall transfer such amounts’’; and
24
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(3) by adding at the end the following new sub-
1
section:
2
‘‘(f) OPERATIONAL ENERGY COST SAVINGS DE-
3
FINED.—In this section, the term ‘operational energy cost
4
savings’ means the monetary savings achieved through
5
measures to reduce energy expenditures relative to the
6
amount that would have been necessary to sustain an
7
equivalent level of capability in the absence of such meas-
8
ures.’’.
9
SEC. 315. AUTHORITY OF DEPARTMENT OF DEFENSE TO
10
DESTROY OR DISPOSE OF PERFLUOROALKYL
11
OR POLYFLUOROALKYL SUBSTANCES.
12
(a) IN GENERAL.—The Secretary of Defense may de-
13
stroy or dispose of a perfluoroalkyl or polyfluoroalkyl sub-
14
stance using innovative technologies that—
15
(1) are cost effective; and
16
(2) are permitted or approved by a Federal or
17
State agency that regulates the destruction or dis-
18
posal of such a substance.
19
(b) UPDATE OF GUIDANCE.—The Secretary shall up-
20
date the PFAS Destruction and Disposal Guidance of the
21
Department of Defense, or any successor similar guidance,
22
to reflect the requirements under subsection (a).
23
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SEC. 316. MODIFICATION TO RESTRICTION ON PROCURE-
1
MENT OR PURCHASING OF PERSONAL PRO-
2
TECTIVE EQUIPMENT FOR FIREFIGHTERS
3
CONTAINING
PERFLUOROALKYL
SUB-
4
STANCES
OR
POLYFLUOROALKYL
SUB-
5
STANCES.
6
Section 345 of the James M. Inhofe National Defense
7
Authorization Act for Fiscal Year 2023 (Public Law 117–
8
263; 10 U.S.C. 3201 note prec.) is amended—
9
(1) in subsection (a), by striking ‘‘if such equip-
10
ment contains an intentionally added perfluoroalkyl
11
substance or polyfluoroalkyl substance’’ and insert-
12
ing ‘‘unless such equipment meets the specifications
13
set forth in Standard 1970 of the National Fire Pro-
14
tection Association’’; and
15
(2) in subsection (d)—
16
(A) in paragraph (1), by striking ‘‘does not
17
contain intentionally added perfluoroalkyl sub-
18
stances or polyfluoroalkyl substances’’ and in-
19
serting ‘‘meets the specifications set forth in
20
Standard 1970 of the National Fire Protection
21
Association’’; and
22
(B) in paragraph (2), by striking ‘‘does not
23
contain intentionally added perfluoroalkyl sub-
24
stances or polyfluoroalkyl substances’’ and in-
25
serting ‘‘meets the specifications set forth in
26
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Standard 1970 of the National Fire Protection
1
Association’’.
2
SEC. 317. PROVISION OF BOTTLED WATER TO COMMU-
3
NITIES WITH PRIVATE DRINKING WATER
4
CONTAMINATED
WITH
PERFLUOROALKYL
5
AND POLYFLUOROALKYL SUBSTANCES FROM
6
ACTIVITIES OF DEPARTMENT OF DEFENSE.
7
(a) IN GENERAL.—Subject to subsection (b), on and
8
after the date of the enactment of this Act, the Secretary
9
of Defense shall provide bottled water to communities with
10
private drinking water wells where contamination from
11
perfluoroalkyl and polyfluoroalkyl substances resulting
12
from activities of the Department of Defense has, at one
13
point in time, exceeded the maximum contaminant level
14
for such substances established by the Environmental Pro-
15
tection Agency if the Secretary, as of the day before the
16
date of the enactment of this Act, provided bottled water
17
to the community because of such contamination.
18
(b) TERMINATION
OF REQUIREMENT.—The Sec-
19
retary is not required to provide bottled water to a com-
20
munity under subsection (a) if all impacted households in
21
the community are connected to a municipal drinking
22
water distribution system or the Secretary has successfully
23
remediated the contamination from perfluoroalkyl and
24
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polyfluoroalkyl substances to meet or exceed both Federal
1
and state drinking water standards for such substances.
2
SEC. 318. REPEAL OF PROHIBITION ON PROCUREMENT BY
3
DEPARTMENT
OF
DEFENSE
OF
CERTAIN
4
ITEMS
CONTAINING
PERFLUOROOCTANE
5
SULFONATE OR PERFLUOROOCTANOIC ACID.
6
Section 333 of the William M. (Mac) Thornberry Na-
7
tional Defense Authorization Act for Fiscal Year 2021
8
(Public Law 116–283; 10 U.S.C. 3062 note) is repealed.
9
SEC. 319. REPEAL OF TEMPORARY MORATORIUM ON INCIN-
10
ERATION BY DEPARTMENT OF DEFENSE OF
11
PERFLUOROALKYL
SUBSTANCES,
12
POLYFLUOROALKYL
SUBSTANCES,
AND
13
AQUEOUS FILM FORMING FOAM.
14
Section 343 of the National Defense Authorization
15
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
16
2701 note) is repealed.
17
SEC. 320. INTERIM RESPONSES TO ADDRESS RELEASES OR
18
THREATENED
RELEASES
OF
19
PERFLUOROALKYL AND POLYFLUOROALKYL
20
SUBSTANCES.
21
(a) IN GENERAL.—The Secretary of Defense, con-
22
sistent with the Comprehensive Environmental Response,
23
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
24
et seq.), shall take actions specified in subsection (b) to
25
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address any release or threatened release of perfluoroalkyl
1
and polyfluoroalkyl substances at a covered facility.
2
(b) ACTIONS TO BE TAKEN.—
3
(1) CONDUCT
OF
PRELIMINARY
ASSESSMENT
4
AND SITE INSPECTION.—
5
(A) IN GENERAL.—If a preliminary assess-
6
ment or site investigation for perfluoroalkyl and
7
polyfluoroalkyl substances has not been con-
8
ducted at a covered facility, the Secretary shall
9
conduct expeditiously such assessment or inves-
10
tigation, as the case may be, to determine
11
whether there has been a release or there is a
12
threatened
release
of
perfluoroalkyl
or
13
polyfluoroalkyl substances at the facility.
14
(B) PRESUMED RELEASE.—Each covered
15
facility that has or has had a fire training pit
16
or similar facility shall be presumed, for pur-
17
poses of subparagraph (A), to have had a re-
18
lease of perfluoroalkyl or polyfluoroalkyl sub-
19
stances.
20
(2) CONSIDERATION OF INTERIM RESPONSE AC-
21
TIONS.—
22
(A) DETERMINATION
OF
POTENTIAL
IN-
23
TERIM RESPONSE ACTIONS.—A preliminary as-
24
sessment or site investigation under paragraph
25
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(1)(A) shall include, along with any other mat-
1
ters required pursuant to the Comprehensive
2
Environmental Response, Compensation, and
3
Liability Act of 1980 (42 U.S.C. 9601 et seq.),
4
a description and analysis of potential interim
5
response actions that can be taken to reduce
6
immediate public exposure to the release of
7
perfluoroalkyl or polyfluoroalkyl substances, in-
8
cluding preventing an imminent and substantial
9
endangerment.
10
(B)
ACTIONS
INCLUDED.—Interim
re-
11
sponse actions to be considered under subpara-
12
graph (A) shall include the following:
13
(i) Provision of bottled water.
14
(ii) Connection to public water sys-
15
tems for members of the public using pri-
16
vate wells.
17
(iii) Provision of filtration systems for
18
public water systems.
19
(iv) Provision of filtration systems for
20
private residences.
21
(3) REVIEW.—
22
(A) IN
GENERAL.—The Secretary shall
23
make the preliminary assessment or site inves-
24
tigation conducted under paragraph (1)(A) with
25
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respect to a covered facility available for review
1
to the Administrator of the Environmental Pro-
2
tection Agency, the relevant State environ-
3
mental regulatory agencies, any Indian tribal
4
government whose tribal lands may be affected
5
by the release or threatened release of
6
perfluoroalkyl or polyfluoroalkyl substances,
7
and members of the public.
8
(B) REVIEW PERIOD.—The period for re-
9
view under subparagraph (A) shall be not less
10
than 60 days and shall be extended if the Ad-
11
ministrator requests additional review time.
12
(4) EXPEDITED IMPLEMENTATION.—The Sec-
13
retary of Defense shall expedite the implementation
14
of any interim response actions selected by the Sec-
15
retary for implementation pursuant to the consider-
16
ation conducted under paragraph (2) and the review
17
under paragraph (3), with special priority provided
18
to covered facilities located within a sole or principal
19
drinking water source as designated by the Adminis-
20
trator of the Environmental Protection Agency
21
under section 1424(e) of the Safe Drinking Water
22
Act (42 U.S.C. 300h–3(e)).
23
(c) REPORTS TO CONGRESS.—
24
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(1) INITIAL REPORT.—Not later than 270 days
1
after the date of the enactment of this Act, the Sec-
2
retary of Defense shall submit to the Committees on
3
Armed Services of the Senate and the House of Rep-
4
resentatives a report containing an identification of
5
the following:
6
(A) Which covered facilities have had a
7
preliminary assessment or site investigation
8
completed pursuant to subsection (b)(1)(A).
9
(B) Which covered facilities have had a
10
preliminary assessment or site investigation ini-
11
tiated pursuant to subsection (b)(1)(A) but not
12
completed by the time the report is due to be
13
submitted, and when such assessment or inves-
14
tigation is projected to be completed.
15
(C) Which covered facilities have not had
16
a preliminary assessment or site investigation
17
initiated pursuant to subsection (b)(1)(A) but
18
are required to have one pursuant to such sub-
19
section.
20
(D) Which covered facilities are not re-
21
quired to have a preliminary assessment or site
22
investigation conducted pursuant to subsection
23
(b)(1)(A).
24
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(2) FINAL REPORT.—Not later than one year
1
after the date of the enactment of this Act, the Sec-
2
retary of Defense shall submit to the Committees on
3
Armed Services of the Senate and the House of Rep-
4
resentatives a report on—
5
(A) which covered facilities have had in-
6
terim response actions selected for implementa-
7
tion under subsection (b);
8
(B) what those interim response actions
9
are;
10
(C) the projected initiation dates for those
11
interim response actions;
12
(D) the projected completion dates for
13
those interim response actions; and
14
(E) an explanation as to why any interim
15
response action considered in the preliminary
16
assessment or site investigation conducted pur-
17
suant to subsection (b)(1)(A) was not adopted.
18
(d) DEFINITIONS.—In this section:
19
(1) COVERED
FACILITY.—The term ‘‘covered
20
facility’’ means a facility subject to section 2701(c)
21
of title 10, United States Code.
22
(2) RELEASE; RESPONSE.—The terms ‘‘release’’
23
and ‘‘response’’ have the meanings given those terms
24
in section 101 of the Comprehensive Environmental
25
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Response, Compensation, and Liability Act of 1980
1
(42 U.S.C. 9601 et seq.).
2
Subtitle C—Logistics and
3
Sustainment
4
SEC. 321. SURFACE SHIP SUSTAINMENT AND READINESS.
5
(a) IN GENERAL.—In accordance with this section,
6
the Secretary of the Navy shall implement processes to
7
improve the materiel condition and combat readiness of
8
Navy surface ships maintained and repaired at private
9
shipyards by ensuring a stable and responsive industrial
10
base capable of meeting operational and combat surge de-
11
mands.
12
(b) REQUIREMENTS AND AUTHORITIES.—
13
(1) TYPE COMMANDER LEADERSHIP.—
14
(A) DESIGNATION.—The Secretary of the
15
Navy shall designate type commanders as the
16
primary authorities for surface ship mainte-
17
nance.
18
(B)
RESPONSIBILITIES.—Type
com-
19
manders designated under subparagraph (A)
20
shall—
21
(i) lead the sustainment of surface
22
ships;
23
(ii) oversee all maintenance and repair
24
activities at private shipyards; and
25
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(iii) be responsible for setting prior-
1
ities, approving contracts, and ensuring
2
fleet readiness.
3
(C) REGIONAL MAINTENANCE CENTERS.—
4
The Secretary of the Navy shall ensure that re-
5
gional maintenance centers act in a supporting
6
role under the direction of type commanders.
7
(2) DECISION-MAKING BY KEY PERSONNEL.—
8
(A) IN GENERAL.—For each ship under-
9
going maintenance at a private shipyard, the
10
project manager, the port engineer, and the
11
ship commanding officer—
12
(i) may jointly decide what work is
13
done during the maintenance period, in-
14
cluding the ability to adjust priorities with-
15
in agreed budgets and schedules; and
16
(ii) shall report directly to the type
17
commander concerned.
18
(B)
CONTRACTING
OFFICERS.—Con-
19
tracting officers shall support the decisions de-
20
scribed in subparagraph (A)(i) by managing
21
funds and contracts.
22
(3) STABLE
WORKFORCE
AND
INFRASTRUC-
23
TURE.—The Secretary of the Navy shall provide a
24
stable, predictable workload to private shipyards and
25
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other critical suppliers through a multi-year, multi-
1
ship contract by ship class—
2
(A) to allow the shipyard and other critical
3
suppliers to maintain a stable workforce;
4
(B) to promote investment in the necessary
5
facilities; and
6
(C) to prevent layoffs and rehiring cycles
7
that reduce efficiency.
8
(4) SHIP-SPECIFIC
ASSIGNMENTS.—The Sec-
9
retary of the Navy shall ensure that specific ship-
10
yards shall have multi-year contracts for specified
11
ships for repeated maintenance work to improve
12
knowledge of ship condition and accelerate repairs,
13
with excusable deviations such as homeport changes.
14
(5) COLLABORATIVE
PLANNING.—The Sec-
15
retary of the Navy shall ensure that shipyards, alter-
16
ations installation teams (when assigned), and Navy
17
teams, including project managers and port engi-
18
neers, work together in continuous maintenance ac-
19
tivities to plan maintenance and ensure realistic
20
schedules and priorities.
21
(6) ROLES
FOR
LARGE
AND
SMALL
SHIP-
22
YARDS.—The Secretary of the Navy shall ensure
23
that—
24
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(A) criteria for multi-year awards place
1
heavy emphasis on strong teaming between
2
large and small shipyard businesses;
3
(B) large and small shipyards establish
4
multi-year teaming relationships and work in
5
both the planning and execution phases of
6
scheduled availabilities and emergency repairs;
7
and
8
(C) small shipyards have guaranteed work
9
percentages and planning responsibilities.
10
(7) PARTS
AVAILABILITY.—The Secretary of
11
the Navy shall establish rotatable pools and procure
12
spare parts ahead of time to create a pool of parts
13
that can be quickly used for repairs.
14
(8) TRAINING.—The Secretary of the Navy
15
shall train program managers and port engineers for
16
specific ship classes prior to assigning such individ-
17
uals to complex maintenance availabilities.
18
(9) FUNDING
FOR
WORKFORCE
AND
FACILI-
19
TIES.—The Secretary of the Navy may allocate
20
funds annually to private shipyards to sustain a
21
minimum workforce and maintain repair facilities, in
22
such amounts and under such conditions as the Sec-
23
retary determines appropriate.
24
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(10) SMALL
BUSINESS
REQUIREMENTS.—The
1
Secretary of the Navy shall issue guidance to ad-
2
dress set-aside requirements for small businesses
3
that enables the roles for large and small shipyards
4
described in paragraph (6).
5
(c) IMPLEMENTATION FLEXIBILITY.—In carrying
6
out this section, the Secretary of the Navy may—
7
(1) determine specific methods, contract types,
8
funding levels, and operational details consistent
9
with the requirements and authorities under this
10
section; and
11
(2) adapt existing processes or develop new ap-
12
proaches to carry out such requirements and au-
13
thorities.
14
(d) REPORT REQUIRED.—Not later than 180 days
15
after the date of the enactment of this Act, the Secretary
16
of the Navy shall submit to the congressional defense com-
17
mittees a report detailing the following:
18
(1) How the Navy will implement the require-
19
ments of this section, including with respect to the
20
roles of type commanders, regional maintenance cen-
21
ters, project managers, port engineers, ship com-
22
manding officers, and contracting officers.
23
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(2) The planned funding approach for work-
1
force stability, shipyard assignments, and spare
2
parts procurement.
3
(3) A timeline for initial implementation, in-
4
cluding any pilot programs, and full deployment
5
across all regional maintenance centers.
6
(4) Metrics to measure success, such as on-time
7
completion of maintenance, cost control, and readi-
8
ness improvements.
9
(e) DEFINITIONS.—In this section:
10
(1) PORT
ENGINEER.—The term ‘‘port engi-
11
neer’’ means the technical expert on a ship’s condi-
12
tion who advises on repairs and standards.
13
(2) PROJECT
MANAGER.—The term ‘‘project
14
manager’’ means the individual responsible for over-
15
seeing a ship’s maintenance period.
16
(3) REGIONAL
MAINTENANCE
CENTER.—The
17
term ‘‘regional maintenance center’’ means an orga-
18
nization of the Navy that supports ship maintenance
19
in a specific region, such as in Norfolk, Virginia,
20
San Diego, California, Mayport, Florida, Everett,
21
Washington, and Pearl Harbor, Hawaii.
22
(4) SHIP
COMMANDING
OFFICER.—The term
23
‘‘ship commanding officer’’ means the commanding
24
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officer of a Navy surface ship undergoing mainte-
1
nance.
2
(5) TYPE COMMANDER.—The term ‘‘type com-
3
mander’’ means the flag officer in charge of a sur-
4
face force, such as Commander, Naval Surface
5
Force Atlantic, and Commander, Naval Surface
6
Force, Pacific Fleet.
7
(f) SUNSET.—This section shall terminate on Janu-
8
ary 1, 2031.
9
SEC. 322. TECHNOLOGY ENHANCEMENT FOR SURFACE
10
SHIP MAINTENANCE.
11
(a) IN GENERAL.—The Secretary of the Navy shall
12
investigate, and, as feasible, qualify, approve, integrate,
13
and fully adopt into contract requirements advanced tech-
14
nologies and processes for Navy surface ship maintenance
15
on an expedited timeline to enhance readiness, reduce
16
costs, and address delays in maintenance and repair activi-
17
ties.
18
(b) SPECIFIED
ADVANCED
TECHNOLOGIES
AND
19
PROCESSES.—In carrying out subsection (a), the Sec-
20
retary of the Navy shall prioritize qualification of the fol-
21
lowing:
22
(1) Automated weld inspection for robotic weld
23
defect detection.
24
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(2) Real-time sustainment monitoring for sen-
1
sor-based health tracking.
2
(3) Advanced blast and painting for automated
3
hull coating systems.
4
(4) Press connect fittings for no-hot-work pipe
5
repairs.
6
(5) Robotic tank inspection for confined space
7
condition assessments.
8
(6) Additive manufacturing for on-demand 3D-
9
printed parts.
10
(7) Augmented reality support for augmented
11
reality-guided repairs.
12
(8) Cold spray repair for metal surface restora-
13
tion.
14
(9) Predictive maintenance algorithms for arti-
15
ficial intelligence-driven failure prediction.
16
(10) Automated nondestructive testing for
17
robotic material evaluation.
18
(11) Autonomous underwater vehicles for hull
19
inspection submersibles.
20
(12) Digital twin technology for virtual ship
21
modeling.
22
(13) High-pressure waterjet cleaning for rust
23
and paint removal.
24
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(14) Modular maintenance platforms for stand-
1
ardized repair setups.
2
(15) Smart coatings for self-healing, anti-foul-
3
ing surfaces.
4
(16) Laser ablation for laser-based surface
5
preparation.
6
(17) Drone-based inspection for uncrewed
7
structural surveys.
8
(18) Electrochemical corrosion mitigation for
9
corrosion prevention systems.
10
(19)
Smart
pigging
for
internal
pipe
11
diagnostics.
12
(20) Modular overhaul kits for pre-packaged re-
13
pair solutions.
14
(21) Plasma coating for durable surface protec-
15
tion.
16
(22) High-velocity oxygen fuel coating for high-
17
velocity wear protection.
18
(23) Portable diagnostics for handheld trouble-
19
shooting tools.
20
(c) OPEN QUALIFICATION PROCESS.—
21
(1) IN GENERAL.—The Secretary of the Navy
22
shall establish a process for private entities to sub-
23
mit proposals for advanced technologies or processes
24
not specified in subsection (b).
25
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(2) EVALUATION.—The Secretary of the Navy
1
shall evaluate any proposal submitted pursuant to
2
the process established under paragraph (1) not
3
later than 90 days after the date of such submission.
4
(3) PROPOSAL
REQUIREMENTS.—A proposal
5
submitted pursuant to the process established under
6
paragraph (1) shall demonstrate potential to im-
7
prove maintenance efficiency, safety, or cost-effec-
8
tiveness.
9
(4) QUALIFICATION DECISION.—The Secretary
10
of the Navy shall make a qualification decision with
11
respect to a proposal submitted pursuant to the
12
process established under paragraph (1) based on
13
technical merit and the need of the Navy.
14
(d) THIRD-PARTY REVIEW.—
15
(1) IN
GENERAL.—For any advanced tech-
16
nology or process included in a proposal submitted
17
pursuant to the process established under subsection
18
(c) and not selected for qualification or approval, the
19
Under Secretary of Defense for Acquisition and
20
Sustainment shall enter into a contract with an
21
independent third-party reviewer to assess the deci-
22
sion.
23
(2) REPORT TO CONGRESS.—A contract entered
24
into under paragraph (1) shall require the inde-
25
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pendent third-party reviewer to, not later than 90
1
days after the date of the decision concerned, submit
2
to Congress an unaltered report that—
3
(A) evaluates the rationale of the Sec-
4
retary;
5
(B) states agreement or disagreement with
6
the decision and rationale; and
7
(C) includes recommendations if applica-
8
ble.
9
(e) PRIORITY.—The Secretary of the Navy may
10
prioritize advanced technologies and processes under this
11
section based on operational needs, budget constraints,
12
and compatibility with existing systems, if the Secretary
13
includes justifications for such prioritization in the report
14
required by subsection (g).
15
(f) UPDATES.—The Secretary of the Navy shall up-
16
date policies, specifications, guidance, and contracts to in-
17
tegrate and fully adopt advanced technologies and proc-
18
esses as required by subsection (a).
19
(g) REPORT REQUIRED.—Not later than 180 days
20
after the date of the enactment of this Act, the Secretary
21
of the Navy shall submit to Congress a report detailing
22
timelines to qualify and approve each advanced technology
23
or process specified in subsection (b) and any additional
24
advanced technologies or processes identified pursuant to
25
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the process established under subsection (c), including es-
1
timated implementation dates or justifications for non-
2
pursuit.
3
SEC. 323. DELEGATION TO UNITED STATES TRANSPOR-
4
TATION
COMMAND
OF
MITIGATING
5
VULNERABILITIES AND RISKS ASSOCIATED
6
WITH CONTESTED LOGISTICS FOR DEPART-
7
MENT OF DEFENSE.
8
(a) IN GENERAL.—On and after the date rec-
9
ommended under subsection (c)(2)(B)(v), the United
10
States Transportation Command shall be responsible
11
for—
12
(1) mitigating vulnerabilities and risks associ-
13
ated with contested logistics for the Department of
14
Defense on a global basis; and
15
(2) planning and operations of the Joint De-
16
ployment and Distribution Enterprise (in this sec-
17
tion referred to as the ‘‘JDDE’’) relating to con-
18
tested logistics across all domains, including the
19
movement of forces and material from the source of
20
supply to the designated point of need of the com-
21
mander of the combatant command receiving sup-
22
port.
23
(b) REQUIRED COORDINATION.—In carrying out the
24
responsibilities under subsection (a), the Commander of
25
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the United States Transportation Command shall coordi-
1
nate with the Secretary of Defense, the Chairman of the
2
Joint Chiefs of Staff, the secretaries of the military de-
3
partments, the commanders of the combatant commands,
4
the Director of the Defense Logistics Agency, the Director
5
of National Intelligence, the Secretary of Homeland Secu-
6
rity, and the Secretary of Transportation.
7
(c) REPORTING REQUIREMENT.—
8
(1) IN
GENERAL.—Not later than one year
9
after the date of the enactment of this Act, the
10
Commander of the United States Transportation
11
Command, in coordination with the Secretary of De-
12
fense, the Chairman of the Joint Chiefs of Staff, the
13
Secretary of each military department, the com-
14
manders of the combatant commands, the Director
15
of the Defense Logistics Agency, the Director of Na-
16
tional Intelligence, the Secretary of Homeland Secu-
17
rity, and the Secretary of Transportation shall sub-
18
mit to the congressional defense committees a report
19
that provides an in-depth gap assessment on the
20
ability of the JDDE to project, maneuver, and sus-
21
tain the joint force in contested environments and
22
provide recommendations to resolve or mitigate
23
those gaps.
24
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(2) ELEMENTS
OF
REPORT.—The report re-
1
quired under paragraph (1) shall—
2
(A) be oriented on—
3
(i) mitigating risks;
4
(ii) improving the ability of the JDDE
5
to operate in contested environments; and
6
(iii) establishing the Commander of
7
United States Transportation Command to
8
be the element responsible for global con-
9
tested logistics; and
10
(B) include—
11
(i) a description of the organizational
12
responsibilities of elements of the JDDE
13
as of the date of the report and the ability
14
of the JDDE to project, maneuver, and
15
sustain the joint force;
16
(ii) a description of the intent and ca-
17
pability of adversaries to the United States
18
to disrupt the ability of the JDDE to
19
project, maneuver, and sustain the joint
20
force;
21
(iii) a description of the responsibil-
22
ities to protect the operations of the
23
JDDE, to include physical protection and
24
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protection of command and control systems
1
of the JDDE from cyber threats;
2
(iv) recommendations for changes in
3
statutes, authorities, resources, responsibil-
4
ities, and processes within the JDDE to
5
establish the Commander of United States
6
Transportation Command to be the ele-
7
ment responsible for global contested logis-
8
tics; and
9
(v) a recommended date, not later
10
than one year after the date on which the
11
report is submitted to the congressional de-
12
fense committees, for the United States
13
Transportation Command to assume re-
14
sponsibility for contested logistics from the
15
source of supply to the designated point of
16
need of the commander of the combatant
17
command receiving support.
18
(3) FORM.—The report required under para-
19
graph (1) may be submitted in classified form, but
20
if so, shall include an unclassified executive sum-
21
mary.
22
(d) BRIEFINGS.—
23
(1) INTERIM BRIEFING.—Not later than 180
24
days after the date of the enactment of this Act, the
25
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Commander of the United States Transportation
1
Command shall provide to the congressional defense
2
committees an interim briefing on the development
3
of the report required under subsection (c).
4
(2) FINAL BRIEFING.—Not later than one year
5
after the date of the enactment of this Act, the
6
Commander of the United States Transportation
7
Command shall provide to the congressional defense
8
committees a final briefing on the report required
9
under subsection (c).
10
(e) RULE OF CONSTRUCTION.—Except to the extent
11
that, before January 1, 2026, a responsibility specified in
12
subsection (a) was a specific function of one of agencies
13
or components specified in subsection (b), nothing under
14
this section shall be construed as—
15
(1) limiting any other function of those agencies
16
or components; or
17
(2) requiring the transfer of any function, per-
18
sonnel, or asset from those agencies or components
19
to the United States Transportation Command.
20
(f) CONTESTED LOGISTICS DEFINED.—In this sec-
21
tion, the term ‘‘contested logistics’’ means logistics that
22
occur under conditions in which an adversary or compet-
23
itor deliberately seeks or has sought to deny, disrupt, de-
24
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stroy, or defeat friendly force logistics operations, facili-
1
ties, and activities across any of the multiple domains.
2
SEC. 324. REQUIREMENTS FOR DEPARTMENT OF DEFENSE
3
AIRCRAFT OPERATIONS NEAR COMMERCIAL
4
AIRPORTS.
5
(a) RISK MITIGATION.—The Secretary of Defense
6
shall require all aircraft of the Department of Defense
7
that operate near commercial airports to be equipped with
8
position broadcast technology and shall direct the develop-
9
ment of standard operating procedures that maximize the
10
use of such technology.
11
(b) COORDINATION WITH FEDERAL AVIATION AD-
12
MINISTRATION.—The Secretary of Defense shall develop
13
a program for sharing aviation safety data for aircraft of
14
the Department of Defense, to include near misses and
15
mishaps, with the Federal Aviation Administration.
16
(c) REPORTS ON NEAR MISSES.—
17
(1) INITIAL REPORT.—Not later than 180 days
18
after the date of the enactment of this Act, the Sec-
19
retary shall submit to the Committees on Armed
20
Services of the Senate and the House of Representa-
21
tives a report on the number of near misses that air-
22
craft of the Department have had with commercial
23
aircraft during the 10-year period preceding such
24
date of enactment.
25
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(2) ANNUAL REPORT.—Not later than one year
1
after the date of the enactment of this Act, and an-
2
nually thereafter through 2030, the Secretary shall
3
submit to the Committees on Armed Services of the
4
Senate and the House of Representatives a report on
5
the number of near misses that aircraft of the De-
6
partment have had with commercial aircraft during
7
the previous fiscal year.
8
(3) ELEMENTS.—Each report under this sub-
9
section shall include, with respect to each near miss
10
covered under the report, the following:
11
(A) The date, time, and location of the
12
near miss.
13
(B) A description of all aircraft involved in
14
the near miss.
15
(C) Any changes to protocols, standard op-
16
erating procedures, or policy, as appropriate,
17
that were made based on the near miss.
18
(4) FORM OF REPORT.—Each report under this
19
subsection shall be submitted in unclassified form,
20
but may include a classified annex.
21
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SEC. 325. EXTENSION AND MODIFICATION OF SEMIANNUAL
1
BRIEFINGS ON OPERATIONAL STATUS OF AM-
2
PHIBIOUS WARSHIP FLEET.
3
Section 352 of the National Defense Authorization
4
Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat.
5
229) is amended—
6
(1) in subsection (a), by striking ‘‘September
7
30, 2026’’ and inserting ‘‘September 30, 2028’’; and
8
(2) in subsection (b), by adding at the end the
9
following new paragraph:
10
‘‘(6) Details regarding the maintenance and
11
service life extension plan for the amphibious war-
12
ship that retains an operationally available amphib-
13
ious warship until the end of the Obligation and
14
Work Limiting Date for the construction contract
15
for a replacement amphibious warship, as necessary
16
to meet the requirements under section 8062 of title
17
10, United States Code.’’.
18
SEC. 326. PROHIBITION ON CLOSURE OF ARMY ORGANIC
19
INDUSTRIAL BASE SITES.
20
(a) PROHIBITION.—The Secretary of Defense shall
21
not take any action to close, mothball, divest, deactivate,
22
or otherwise render inoperable any facility that is part of
23
the organic industrial base of the Army, including any
24
depot, arsenal, ammunition plant, manufacturing center,
25
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or facility of a center of industrial and technical excellence,
1
unless—
2
(1) a similar or replacement facility has already
3
been created; and
4
(2) the action is authorized—
5
(A) in accordance with the provisions of
6
this section; or
7
(B) pursuant to an Act of Congress.
8
(b) SCOPE.—The prohibition in subsection (a) applies
9
to all facilities operated or maintained as part of the or-
10
ganic industrial base of the Army, whether Government-
11
owned and Government-operated or Government-owned
12
and contractor-operated.
13
(c) EXCEPTION FOR SAFETY.—
14
(1) IN
GENERAL.—The Secretary of Defense
15
may suspend operations or limit access to a facility
16
covered by this section if such action is necessary to
17
address an imminent threat to the health and safety
18
of personnel or to mitigate substantial environmental
19
hazards.
20
(2) REPORT REQUIRED.—The Secretary of De-
21
fense shall submit to the congressional defense com-
22
mittees a report that describes any action taken
23
under paragraph (1) not later than 15 days after
24
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the date on which such suspension of operations or
1
limitation of access is initiated.
2
(d) NATIONAL SECURITY WAIVER.—
3
(1) IN
GENERAL.—The Secretary of Defense
4
may waive the prohibition under subsection (a) if the
5
Secretary determines that such a waiver is necessary
6
to address a critical national security interest of the
7
United States.
8
(2) NOTIFICATION REQUIRED.—Not later than
9
30 days prior to exercising the waiver under para-
10
graph (1), the Secretary shall submit to the congres-
11
sional defense committees—
12
(A) a written notification of the intent to
13
waive the prohibition;
14
(B) a detailed justification for the waiver,
15
including an assessment of the national security
16
interest at stake;
17
(C) an evaluation of potential impacts to
18
the readiness, industrial base capacity, and
19
surge requirements of the Army; and
20
(D) a description of any mitigation meas-
21
ures to be implemented.
22
(e) REPORTS REQUIRED.—
23
(1) IN
GENERAL.—Not later than 120 days
24
after the date of the enactment of this Act, and an-
25
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nually thereafter for five years, the Secretary of the
1
Army shall submit to the congressional defense com-
2
mittees a report on the status of all facilities in the
3
organic industrial base of the Army.
4
(2) ELEMENTS.—Each report required by para-
5
graph (a) shall include—
6
(A) a list of all facilities in the organic in-
7
dustrial base of the Army and the operational
8
status of each facility;
9
(B) any planned changes in mission, work-
10
load, or operating status of each facility;
11
(C) any planned investments or divest-
12
ments that may affect the capability or capacity
13
of any such facility; and
14
(D) a description of any action by the Sec-
15
retary of Defense taken pursuant to subsection
16
(c) or (d) during the one-year period preceding
17
submission of the report.
18
(f) DEFINITIONS.—In this section:
19
(1) MOTHBALL.—The term ‘‘mothball’’ means
20
placing a facility in inactive status while maintaining
21
it in a condition such that it could be reactivated at
22
some future time.
23
(2) ORGANIC
INDUSTRIAL
BASE
OF
THE
24
ARMY.— The term ‘‘organic industrial base of the
25
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Army’’ means the network of Government-owned fa-
1
cilities that provide manufacturing, maintenance,
2
storage, and readiness support for Army materiel
3
and munitions, including the facilities listed in the
4
Army Organic Industrial Base Modernization Imple-
5
mentation Plan, dated April 12, 2022.
6
SEC. 327. ESTABLISHMENT OF DEFENSE PERSONAL PROP-
7
ERTY MANAGEMENT OFFICE UNDER OFFICE
8
OF THE UNDER SECRETARY OF DEFENSE
9
FOR PERSONNEL AND READINESS.
10
(a) IN GENERAL.—Not later than one year after the
11
date of the enactment of this Act—
12
(1) the Defense Personal Property Management
13
Office of the Department of Defense shall be estab-
14
lished within the Office of the Under Secretary of
15
Defense for Personnel and Readiness; and
16
(2) the Office of the Under Secretary of De-
17
fense for Personnel and Readiness shall assume re-
18
sponsibility for all functions, personnel, and other
19
matters of the Defense Personal Property Manage-
20
ment Office.
21
(b) REGULATIONS.—Not later than 30 days after the
22
date of the enactment of this Act, the Secretary of Defense
23
shall prescribe regulations to implement subsection (a).
24
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(c) BRIEFING.—Not later than 60 days after the date
1
of the enactment of this Act, the Under Secretary of De-
2
fense for Personnel and Readiness shall brief the Commit-
3
tees on Armed Services of the Senate and the House of
4
Representatives on the plan and timeline for the imple-
5
mentation of subsection (a).
6
SEC. 328. INTEGRATION OF COMMERCIALLY AVAILABLE
7
ARTIFICIAL
INTELLIGENCE
CAPABILITIES
8
INTO LOGISTICS OPERATIONS.
9
(a) IN GENERAL.—The Secretary of Defense shall fa-
10
cilitate the integration of currently available and suitable
11
commercial artificial intelligence capabilities specifically
12
designed to assist with logistics tracking, planning, oper-
13
ations, and analytics into two relevant and suitable exer-
14
cises of the Department of Defense to be conducted during
15
fiscal year 2026.
16
(b) COMMERCIAL PRODUCT.—
17
(1) IN GENERAL.—The Secretary of Defense, in
18
coordination with the commander of the combatant
19
command or commands overseeing the exercise se-
20
lected under subsection (a), shall identify for such
21
exercise a commercially available artificial intel-
22
ligence product that is specifically designed to ad-
23
dress logistics needs of the Department of Defense
24
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and meets the critical data security protocols out-
1
lined in subsection (c).
2
(2) CAPABILITY OF PARTNER.—In selecting a
3
commercial product under paragraph (1), the Sec-
4
retary of Defense and the commander of the com-
5
batant command or commands concerned shall—
6
(A) ensure that the commercial product ac-
7
quired for such demonstration includes provi-
8
sion of capability to respond to potential soft-
9
ware changes in an agile and rapid manner to
10
ensure seamless integration and adaptability
11
during the exercise; and
12
(B) prioritize the consideration of a prod-
13
uct provided by a small or nontraditional soft-
14
ware focused firm.
15
(c) DATA SECURITY.—The Secretary of Defense shall
16
ensure that all necessary approvals are expedited to facili-
17
tate the secure use of data of the Department of Defense
18
by commercial artificial intelligence providers during the
19
exercises selected under subsection (a), including—
20
(1) compliance with applicable cybersecurity
21
policies and regulations of the Department; and
22
(2) verification of measures to protect classified
23
and sensitive information.
24
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(d) INTERIM BRIEFING.—Not later than March 1,
1
2026, the Secretary of Defense shall provide an interim
2
briefing to the Committees on Armed Services of the Sen-
3
ate and the House of Representatives that includes—
4
(1) identification of the specific exercises se-
5
lected for demonstration, including the combatant
6
commanders participating in this demonstration and
7
identification of a point of contact within the com-
8
batant command responsible;
9
(2) identification of the specific commercial ar-
10
tificial intelligence tool or tools to be demonstrated,
11
including the contractual mean or other agreement
12
used to facilitate the use of the commercial artificial
13
intelligence tool;
14
(3) notional timelines and resource needs for
15
each demonstration; and
16
(4) metrics to be used to assess the efficacy of
17
such tools used in each demonstration.
18
(e) BRIEFING.—Not later than 30 days after the con-
19
clusion of the exercises selected under subsection (a), the
20
commander of the combatant command overseeing the ex-
21
ercise shall provide the congressional defense committees
22
a briefing that includes the following:
23
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(1) An overview of the integration and use of
1
commercial artificial intelligence capabilities during
2
the exercise.
3
(2) An assessment of the impact of such tech-
4
nologies on unit readiness and operational success.
5
(3) Recommendations for further integration or
6
development of artificial intelligence capabilities in
7
future exercises and operations of the Department of
8
Defense.
9
SEC. 329. PILOT PROGRAM ON ARSENAL WORKLOAD
10
SUSTAINMENT.
11
(a) ESTABLISHMENT
OF
PILOT
PROGRAM.—Not
12
later than 90 days after the date of the enactment of this
13
Act, the Secretary of Defense shall establish a pilot pro-
14
gram to be known as the ‘‘Arsenal Workload Sustainment
15
Pilot Program’’ (in this section referred to as the ‘‘pilot
16
program’’).
17
(b) DURATION.—The pilot program shall be con-
18
ducted for a period of five years.
19
(c) PREFERENCES FOR PROCUREMENT ACTIONS OR
20
SOLICITATIONS.—
21
(1) IN
GENERAL.—In carrying out the pilot
22
program, the Secretary of Defense shall give a pref-
23
erence to any procurement action or solicitation by
24
a non-public partner who will enter into a public-pri-
25
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vate partnership with the Secretary in the source se-
1
lection process if such non-public partner will use an
2
arsenal of the Department of the Army that is
3
owned and operated by the United States Govern-
4
ment as a partner in any type of contractual agree-
5
ment with the United States Government.
6
(2) FURTHER PREFERENCE.—In selecting non-
7
public partners under paragraph (1), the Secretary
8
of Defense shall give a preference to non-public part-
9
ners that ensure an equitable workshare is per-
10
formed under the partnership by employees of the
11
Department of Defense to protect critical skills in
12
the organic industrial base.
13
(d) REGULATIONS.—Not later than 90 days after the
14
date of the enactment of this Act, the Secretary of Defense
15
shall prescribe regulations governing how a non-public
16
partner shall be given a preference required under sub-
17
section (c).
18
(e) REPORT REQUIRED.—
19
(1) IN
GENERAL.—Not later than one year
20
after the date of the enactment of this Act, the Sec-
21
retary of Defense shall submit to the appropriate
22
congressional committees a report on the activities
23
carried out under the pilot program, including a de-
24
scription of any operational challenges identified.
25
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(2) ELEMENTS.—The report required under
1
paragraph (1) shall include the following:
2
(A) A breakout, by relevant budget ac-
3
counts, of workload at an arsenal of the De-
4
partment of the Army that is owned and oper-
5
ated by the United States Government that was
6
achieved in the prior fiscal year, whether di-
7
rectly or through public-private partnerships
8
under the pilot program.
9
(B) An assessment of relevant budget ac-
10
counts where such an arsenal can be utilized to
11
meet future procurement needs of the Depart-
12
ment of Defense, irrespective of cost.
13
(C) An outlook of expected workload at
14
each such arsenal during the period covered by
15
the future-years defense program submitted to
16
Congress under section 221 of title 10, United
17
States Code.
18
(D) The capital investments required to be
19
made at each such arsenal to ensure compliance
20
and operational capacity.
21
(f) DEFINITIONS.—In this section:
22
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
23
TEES.—The term ‘‘appropriate congressional com-
24
mittees’’ means—
25
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(A) the Committee on Armed Services and
1
the Subcommittee on Defense of the Committee
2
on Appropriations of the Senate; and
3
(B) the Committee on Armed Services and
4
the Subcommittee on Defense of the Committee
5
on Appropriations of the House of Representa-
6
tives.
7
(2) NON-PUBLIC
PARTNER.—The term ‘‘non-
8
public partner’’ means a corporation, individual, uni-
9
versity, or nonprofit organization that is not part of
10
the United States Government.
11
Subtitle D—Reports
12
SEC. 331. MODIFICATION OF REPORT ON IMPROVED OVER-
13
SIGHT FOR IMPLEMENTATION OF SHIPYARD
14
INFRASTRUCTURE OPTIMIZATION PROGRAM
15
OF THE NAVY.
16
Section 355(c)(2)(A) of the National Defense Au-
17
thorization Act for Fiscal Year 2022 (Public Law 117–
18
81; 10 U.S.C. 8013 note) is amended by inserting before
19
the semicolon the following: ‘‘, and the incorporation of
20
digital infrastructure (including hardware, software, and
21
cloud storage) and platforms into such program’’.
22
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SEC. 332. MODIFICATION OF READINESS REPORT TO IN-
1
CLUDE SUMMARY COUNT OF CERTAIN MIS-
2
HAPS.
3
Section 482(b)(8) of title 10, United States Code, is
4
amended by striking ‘‘Class A, Class B, and Class C mis-
5
haps’’ and inserting ‘‘Class A and Class B mishaps, and
6
a summary count of all Class C mishaps,’’.
7
SEC. 333. ANNUAL REPORT ON FUNDING AND STATUS OF
8
INTERIM REMEDIAL ACTIONS OF DEPART-
9
MENT
OF
DEFENSE
RELATING
TO
10
PERFLUOROALKYL AND POLYFLUOROALKYL
11
SUBSTANCES.
12
(a) ANNUAL REPORT.—
13
(1) IN
GENERAL.—Chapter 160 of title 10,
14
United States Code, is amended by adding at the
15
end the following new section:
16
‘‘§ 2717.
Annual
report
on
perfluoroalkyl
and
17
polyfluoroalkyl substances
18
‘‘(a) IN GENERAL.—Not later than one year after the
19
date of the enactment of this section, and annually there-
20
after, the Secretary of Defense shall submit to the Com-
21
mittees on Armed Services of the Senate and the House
22
of Representatives a report on the funding and status of
23
interim remedial actions of the Department of Defense re-
24
lating to perfluoroalkyl and polyfluoroalkyl substances (in
25
this section referred to as ‘PFAS’).
26
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‘‘(b) ELEMENTS.—Each report required by sub-
1
section (a) shall include information regarding the fol-
2
lowing:
3
‘‘(1) The total amounts budgeted and obligated,
4
for the current fiscal year and for any prior fiscal
5
year, per site at each installation of the Department
6
of Defense, for interim remedial actions of the De-
7
partment relating to PFAS.
8
‘‘(2) In the case of each report after the initial
9
report, the total amounts budgeted, obligated, and
10
expended, per site at each installation, on such ac-
11
tions since the previous report.
12
‘‘(3) The general and operating status of in-
13
terim remedial actions related to PFAS per site at
14
each installation, including—
15
‘‘(A) a list of all announced or selected in-
16
terim remedial actions, and for each such ac-
17
tion, the function and role of the action with re-
18
spect to addressing PFAS at the installation;
19
‘‘(B) for each action listed, a phase-specific
20
status update, including whether—
21
‘‘(i)
the
design
is
pending,
in
22
progress, or completed;
23
‘‘(ii) contracting is pending, in solici-
24
tation, awarded, or delayed;
25
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‘‘(iii) construction or execution has
1
begun, is in progress, is completed, or is
2
delayed;
3
‘‘(iv) the action is currently operating,
4
including an assessment of the duration of
5
such action and any performance metrics
6
available;
7
‘‘(C) identification of actions that are one-
8
time in nature (such as soil removal and dis-
9
posal), and the status of each action;
10
‘‘(D) timelines for completion of each
11
phase, including original projected timelines
12
and any updates;
13
‘‘(E) for any phase delayed by more than
14
one year beyond the original projection, a site-
15
specific explanation for the delay; and
16
‘‘(F) identification of any administrative,
17
regulatory, funding, or other barriers contrib-
18
uting to delays or budgetary effects, along with
19
the plan of the Secretary to address each such
20
barrier.’’.
21
(2) CLERICAL AMENDMENT.—The table of sec-
22
tions at the beginning of such chapter is amended
23
by inserting after the item relating to section 2716
24
the following:
25
‘‘2717. Annual report on perfluoroalkyl and polyfluoroalkyl substances.’’.
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(b)
REQUIRED
REMEDIATION
ACCELERATION
1
STRATEGY.—Not later than 180 days after the date of
2
the enactment of this Act, the Secretary of Defense shall
3
submit to the congressional defense committees a
4
perfluoroalkyl and polyfluoroalkyl substances remediation
5
acceleration strategy, which shall include—
6
(1) criteria for prioritizing military installations
7
based on risk to human health, environmental im-
8
pact, and proximity to affected communities;
9
(2) timelines for completing each phase of the
10
cleanup process under the Comprehensive Environ-
11
mental Response, Compensation, and Liability Act
12
of 1980 (42 U.S.C. 9601 et seq.);
13
(3) a plan for deploying additional resources,
14
technologies, or personnel to reduce delays, including
15
an identification of—
16
(A) the number of laboratories that are ac-
17
credited by the Environmental Laboratory Ac-
18
creditation Program of the Department of De-
19
fense to test for PFAS; and
20
(B) the number of laboratories that are in
21
the process of being so accredited; and
22
(4) benchmarks for evaluating performance of
23
each military department or defense agency on re-
24
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sponse
efforts
relating
to
perfluoroalkyl
and
1
polyfluoroalkyl substances.
2
(c) PUBLIC TRANSPARENCY.—
3
(1) DASHBOARD.—Not later than one year
4
after the date of the enactment of this Act, the Sec-
5
retary of Defense shall make publicly available an
6
accessible online dashboard that includes the actions
7
of
the
Department
of
Defense
relating
to
8
perfluoroalkyl and polyfluoroalkyl substances.
9
(2)
ELEMENTS.—The
dashboard
required
10
under paragraph (1) shall include a summary of—
11
(A) site-by-site funding levels and expendi-
12
tures at each installation of the Department;
13
(B) the status of remediation and inves-
14
tigation efforts;
15
(C)
projected
and
actual
completion
16
timelines; and
17
(D) points of contact for community en-
18
gagement.
19
(3) UPDATE.—The Secretary shall update the
20
dashboard required under paragraph (1) not less
21
frequently than semiannually.
22
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Subtitle E—Other Matters
1
SEC. 341. PROVISION OF SPORTS FOODS AND THIRD-PARTY
2
CERTIFIED DIETARY SUPPLEMENTS TO MEM-
3
BERS OF THE UNITED STATES SPECIAL OP-
4
ERATIONS COMMAND.
5
(a) USE OF AMOUNTS.—The Secretary of Defense
6
may use amounts appropriated to the Department of De-
7
fense for Major Force Program 11 for the procurement
8
of sports foods and third-party certified dietary supple-
9
ments and the distribution of such foods and supplements
10
to members of the United States Special Operations Com-
11
mand (in this section referred to as the ‘‘USSOCOM’’).
12
(b) ACQUISITION AND DISTRIBUTION.—
13
(1) IN GENERAL.—The Secretary shall author-
14
ize the USSOCOM to acquire sports foods and
15
third-party certified dietary supplements and to dis-
16
tribute such foods and supplements to members of
17
the USSOCOM, subject to the requirements under
18
subsection (c).
19
(2) RULE OF CONSTRUCTION.—Nothing in this
20
subsection shall be construed to—
21
(A) augment morale, welfare, and recre-
22
ation funds or activities; or
23
(B) augment or replace the budget or serv-
24
ices of dining facilities of the Department.
25
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(c) CRITERIA.—The Secretary shall ensure the Com-
1
mander of the USSOCOM establishes requirements for
2
the procurement and distribution of sports foods and
3
third-party certified dietary supplements under this sec-
4
tion and shall require compliance with Department of De-
5
fense Instruction 6130.06 (relating to the use of use of
6
dietary supplements in the Department of Defense) and
7
the Prohibited Dietary Supplement Ingredients List of the
8
Department of Defense, or successor similar instruction
9
or list, to ensure that—
10
(1) dietary supplements procured under this
11
section are certified by a non-Department third-
12
party certifying organization that has been vetted by
13
the Operation Supplement Safety program of the
14
Department for end-product quality assurance, con-
15
firming no contaminants, ingredients, substances, or
16
their synonyms prohibited by the Department;
17
(2) sports foods procured under this section are
18
free of ingredients, substances, and their synonyms
19
prohibited by the Department; and
20
(3) under the program guidance and oversight
21
of a primary care sports medicine physician, sports
22
foods and third-party certified dietary supplements
23
are acquired by units of the USSOCOM and distrib-
24
uted by credentialed and privileged registered (per-
25
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formance) dietitians or medical clinicians with pre-
1
scribing authority (such as a medical doctor, doctor
2
of osteopathic medicine, physician assistant, or nurse
3
practitioner)
assigned
to
or
supporting
the
4
USSOCOM at the operational unit level.
5
(d) REPORT.—Not later than September 30, 2026,
6
the Secretary of Defense shall submit to the congressional
7
defense committees a report that assesses the feasibility
8
and advisability of expanding the authority under this sec-
9
tion for the procurement and distribution of sports foods
10
and third-party certified dietary supplements to include
11
the military departments.
12
(e) DEFINITIONS.—In this section:
13
(1) DIETARY SUPPLEMENT.—The term ‘‘dietary
14
supplement’’ has the meaning given that term in
15
section 201(ff) of the Federal Food, Drug, and Cos-
16
metic Act (21 U.S.C. 321(ff)) and requires nutrition
17
labeling in the form of a ‘‘Supplement Facts Panel’’.
18
(2) SPORTS FOODS.—The term ‘‘sports foods’’
19
means food products—
20
(A) intended to deliver essential energy
21
(calories) and nutrients at the right time to
22
members of the USSOCOM to ensure critical
23
combat and medical readiness; and
24
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(B) containing nutrition labeling in the
1
form of a ‘‘Nutrition Facts Panel’’.
2
SEC. 342. LIMITATION ON USE OF FUNDS TO ESTABLISH OR
3
EXPAND SPACE FORCE SPECIAL OPERATIONS
4
COMPONENT COMMAND.
5
(a) IN GENERAL.—None of the funds authorized to
6
be appropriated by this Act or otherwise made available
7
for Major Force Program 11 for the United States Special
8
Operations Command shall be obligated or expended to es-
9
tablish or expand a Space Force Special Operations Com-
10
ponent Command until the date that is 30 days after the
11
date on which the Assistant Secretary of Defense for Spe-
12
cial Operations and Low-Intensity Conflict and the Com-
13
mander of the United States Special Operations Com-
14
mand, in consultation with the Chief of Space Operations,
15
jointly submit to the Committees on Armed Services of
16
the Senate and the House of Representatives the report
17
required by subsection (b).
18
(b) REPORT.—The report required under this sub-
19
section shall include, at a minimum, the following:
20
(1) An articulation of the requirement for a
21
Space Force Special Operations Component Com-
22
mand.
23
(2) A funding profile, across the future-years
24
defense program submitted under section 221 of
25
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title 10, United States Code, for the establishment
1
of a Space Force Special Operations Component
2
Command, including a delineation of funds required
3
under Major Force Program 2 and Major Force
4
Program 11.
5
(3) A timeline and conditions for achieving ini-
6
tial and full operational capability for a Space Force
7
Special Operations Component Command.
8
(4) An identification of the military, civilian,
9
and contractor personnel required for a Space Force
10
Special Operations Component Command at initial
11
and full operational capability.
12
(5) An identification of the facilities require-
13
ments for a Space Force Special Operations Compo-
14
nent Command at initial and full operational capa-
15
bility.
16
(6) An explanation of how and when the Sec-
17
retary of Defense and the Assistant Secretary of De-
18
fense for Special Operations and Low-Intensity Con-
19
flict have documented approval for the establishment
20
of a Space Force Special Operations Component
21
Command.
22
(7) An explanation of the administrative and
23
command relationships between a Space Force Spe-
24
cial Operations Component Command and the
25
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United States Special Operations Command, United
1
States Space Command, and the Space Force.
2
(8) Any other matters determined relevant by
3
the Assistant Secretary of Defense for Special Oper-
4
ations and Low-Intensity Conflict and the Com-
5
mander of the United States Special Operations
6
Command.
7
SEC. 343. REQUIREMENTS FOR CONTRACTS RELATING TO
8
PERMANENT CHANGE OF STATION MOVING
9
PROCESS.
10
(a) IN GENERAL.—For any renegotiation of the con-
11
tract under the Global Household Goods Contract in place
12
as of the date of the enactment of this Act, or negotiation
13
of a new contract under the Global Household Goods Con-
14
tract or any successor program or contract, the Secretary
15
of Defense shall require that the following oversight mech-
16
anisms are included in the final contract agreement:
17
(1) The prime contractor shall submit to the
18
Secretary a summary document outlining the key
19
terms and conditions of each subcontract agreement
20
related to capacity, performance, and compliance
21
with the contract requirements, which shall include
22
the following:
23
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(A) The guaranteed capacity of each sub-
1
contractor (including location, volume, and peak
2
season commitment).
3
(B) Performance metrics and service level
4
agreements applicable to each subcontractor.
5
(C) Provisions for monitoring and enforc-
6
ing subcontractor performance.
7
(D) Termination clauses and penalties for
8
noncompliance.
9
(E) Data sharing and security require-
10
ments.
11
(2) Each subcontractor shall provide to the
12
prime contractor, upon request, certifications and
13
copies of training completion relating to compliance
14
with requirements under the contract.
15
(3) The prime contractor shall submit to the
16
Secretary regular performance reports on its sub-
17
contractors, including metrics related to on-time
18
pickup, on-time delivery, damage claim rates, cus-
19
tomer satisfaction, and compliance with contract re-
20
quirements.
21
(4) The prime contractor shall submit to the
22
Secretary a subcontractor management plan out-
23
lining its processes for selecting, monitoring, and
24
managing subcontractors, including a description of
25
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how the prime contractor ensures subcontractor
1
compliance with all applicable laws, regulations, and
2
contract requirements.
3
(5) The prime contractor shall maintain a ro-
4
bust risk management plan that addresses potential
5
disruptions to the subcontractor network, such as fi-
6
nancial instability, natural disasters, or labor dis-
7
putes.
8
(6) Not less frequently than monthly, the prime
9
contractor shall submit to the Secretary the subcon-
10
tractor rating system used by the prime contractor,
11
with current scoring results under such system.
12
(7) The prime contractor shall submit to the
13
Secretary the subcontractor rates for each move
14
under the contract.
15
(8) The prime contractor shall establish clear
16
escalation procedures for addressing subcontractor
17
performance issues, including steps for resolving dis-
18
putes, implementing corrective actions, and termi-
19
nating non-performing subcontractors.
20
(9) The Federal Government shall be permitted
21
to audit subcontractor records with reasonable notice
22
to the prime contractor.
23
(10) The contract shall incorporate a fixed-price
24
contract line item number for monthly overhead,
25
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separating it from the rates associated with the costs
1
of moves.
2
(11) The prime contractor shall establish a
3
database that the Secretary can access on a real-
4
time basis to ensure compliance with this section.
5
(b)
CONSIDERATIONS
FOR
SUCCESSOR
CON-
6
TRACTS.—For any successor contract to the Global
7
Household Goods Contract entered into after the date of
8
the enactment of this Act, the Secretary shall consider,
9
during development of an acquisition strategy and execu-
10
tion strategy, in addition to the requirements under sub-
11
section (a), the following:
12
(1) The incorporation of a fixed-price contract
13
line item number for monthly overhead, separating
14
it from the rates associated with the costs of moves.
15
(2) Contracts under the Federal Acquisition
16
Regulation for lanes that account for more than one
17
percent of total permanent change of station move
18
volume and tender of service contracts for the re-
19
maining lanes.
20
(3) Tiered incentive awards for higher levels of
21
capacity.
22
(4) The establishment of a database that the
23
Secretary can access on a real-time basis to ensure
24
compliance with this section.
25
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(c) INCORPORATION OF PROPOSALS.—The Secretary
1
may incorporate any proposal of the prime contractor into
2
a final contract negotiated or renegotiated under this sec-
3
tion that ensures advertised performance capabilities are
4
met.
5
SEC. 344. LIMITATION ON TRANSFORMATION BY THE ARMY
6
OF PRIMARY HELICOPTER TRAINING PRO-
7
GRAM AT FORT RUCKER, ALABAMA.
8
None of the funds authorized to be appropriated by
9
this Act for fiscal year 2026 to the Army may be obligated
10
or expended for the solicitation for proposals or to award
11
a contract for the implementation of any transformation
12
of the Initial Entry Rotary Wing training program at Fort
13
Rucker, Alabama, until—
14
(1) the completion of the Part 141 Helicopter
15
Flight School Training Pilot proof of concept plan
16
conducted by the Department of the Army and the
17
Federal Aviation Administration, including—
18
(A) all three phases of Initial Entry Rotary
19
Wing Training Phases 1 & 2 and Phase 3
20
Warfighter Tactical Training Phase; and
21
(B) the evaluation of the effectiveness of
22
the training pilot, which shall include the re-
23
sults of six classes of eight students each (48
24
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students total) and is scheduled to be completed
1
in May 2026;
2
(2) the Secretary of the Army (in this section
3
referred to as the ‘‘Secretary’’) has fully assessed
4
and validated the outcomes of such training pilot, in-
5
cluding cost, operational effectiveness, safety, and
6
training efficacy;
7
(3) the Secretary submits to the congressional
8
defense committees a report detailing the results of
9
such training pilot and the rationale for any pro-
10
posed changes to training systems or platforms re-
11
sulting from such training pilot;
12
(4) an independent assessment of the business
13
case analysis and implementation plan for such
14
transformation has been conducted by the Office of
15
Cost Assessment and Program Evaluation of the Of-
16
fice of the Secretary of Defense, which shall in-
17
clude—
18
(A) an analysis of the cost to produce an
19
aviator qualified under Initial Entry Rotary
20
Wing Training Phases 1 & 2 utilizing the cur-
21
rent training model and aircraft as well as the
22
cost to produce such an aviator utilizing the
23
helicopter flight school training proof of concept
24
model and aircraft;
25
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(B) an assessment of the risks and benefits
1
of outsourcing Initial Entry Rotary Wing train-
2
ing requirements;
3
(C) total costs for the existing training
4
ecosystem for Initial Entry Rotary Wing; and
5
(D) an identification of measures taken to
6
mitigate costs and enhance training within the
7
existing training ecosystem;
8
(5) the Secretary submits to the congressional
9
defense committees a report containing the results of
10
such assessment and a detailed justification of how
11
the findings from such assessment support pro-
12
ceeding with any such transformation; and
13
(6) the Secretary briefs the congressional de-
14
fense committees on—
15
(A) the outcomes and findings of the train-
16
ing pilot specified in paragraph (1);
17
(B) an assessment of the cost-effectiveness
18
and operational and training readiness resulting
19
from the training pilot;
20
(C) any recommendations for future pro-
21
curement or contracting activity related to
22
training initiatives similar to the training pilot;
23
and
24
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(D) the course of action proposed by the
1
Secretary relating to any such transformation.
2
SEC. 345. CONVEYANCE OF CERTAIN AIRCRAFT FROM AIR
3
FORCE TO ARIZONA AVIATION HISTORICAL
4
GROUP, PHOENIX, ARIZONA.
5
(a) AUTHORITY.—The Secretary of the Air Force (in
6
this section referred to as the ‘‘Secretary’’) may convey
7
to the Arizona Aviation Historical Group, Phoenix, Ari-
8
zona (in this section referred to as the ‘‘Group’’), all right,
9
title, and interest of the United States in five T–37B
10
trainer aircraft and any available spare parts for such air-
11
craft that the Secretary has determined are surplus to
12
need.
13
(b) CONVEYANCE
AT NO COST
TO
THE UNITED
14
STATES.—The conveyance of an aircraft under subsection
15
(a) shall be made at no cost to the United States. Any
16
costs associated with such conveyance, costs of deter-
17
mining compliance with terms of the conveyance, and costs
18
of operation and maintenance of the aircraft conveyed
19
shall be borne by the Group.
20
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SEC. 346. LIMITATION ON USE OF FUNDS BY THE ARMY
1
UNTIL SUBMITTAL OF PLAN TO INTEGRATE
2
JOINT MUNITIONS COMMAND AND ARMY
3
SUSTAINMENT COMMAND.
4
(a) IN GENERAL.—None of the funds authorized to
5
be appropriated to the Army for fiscal year 2026 may be
6
used to restructure the commands of the Army until the
7
Secretary submits to the Committees on Armed Services
8
of the Senate and the House of Representatives a report
9
regarding the proposed plan of the Secretary to integrate
10
the Joint Munitions Command and the Army Sustainment
11
Command.
12
(b) ELEMENTS.—The report required by subsection
13
(a) shall include the following:
14
(1) A detailed comparison of the old organiza-
15
tional structures of the commands of the Army com-
16
pared with the proposed new integration construct
17
for such organizational structures, including any
18
changes to reporting chains, leadership roles, and
19
workforce.
20
(2) The planned timeline for implementation of
21
such integration.
22
(3) Any plans for changing the numbers, duty
23
locations, or responsibilities of personnel under the
24
Joint
Munitions
Command
and
the
Army
25
Sustainment Command.
26
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(4) A mission justification for the proposed in-
1
tegration.
2
(5) An assessment of the short-term and long-
3
term impacts of the proposed integration on the
4
readiness of the Army and the Department of De-
5
fense to conduct the missions of the Joint Munitions
6
Command and the Army Sustainment Command
7
and the plan of the Army for mitigating those im-
8
pacts.
9
SEC. 347. LIMITATION ON USE OF CERTAIN FUNDS OF THE
10
AIR FORCE UNTIL ACQUISITION STRATEGY
11
SUBMITTED TO MAINTAIN AIRBORNE COM-
12
MAND POST CAPABILITY.
13
Of the funds authorized to be appropriated by this
14
Act or otherwise made available for fiscal year 2026 for
15
operation and maintenance, Air Force, and available to
16
the Office of the Secretary of the Air Force for travel pur-
17
poses, not more than 80 percent may be obligated or ex-
18
pended until the date on which the Secretary, in consulta-
19
tion with the Commander of the United States Strategic
20
Command, submits to the congressional defense commit-
21
tees a report on the acquisition strategy of the Air Force
22
to maintain the Airborne Command Post capability, in-
23
cluding—
24
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(1) options to expand production of the C–
1
130J–30 Super Hercules to provide additional air-
2
frames to preserve the Airborne Command Post ca-
3
pability; and
4
(2) an outline of the future relationship of the
5
Airborne Command Post capability with the Sec-
6
ondary Launch Platform–Airborne effort.
7
SEC. 348. PILOT PROGRAM FOR CONTRACTED AMPHIBIOUS
8
AIR RESOURCES FOR THE AREA OF RESPON-
9
SIBILITY OF THE UNITED STATES INDO-PA-
10
CIFIC COMMAND.
11
(a) IN GENERAL.—The Secretary of Defense, in con-
12
junction with the Secretary of the Navy and the Com-
13
mander of the United States Indo-Pacific Command, may
14
establish and maintain a pilot program for the contracted
15
operation of a fleet of commercial amphibious aviation re-
16
sources to be made available to the commanders of the
17
combatant commands and the commanders of other com-
18
ponents of the Department of Defense for mission tasking
19
within the area of responsibility of the United States Indo-
20
Pacific Command.
21
(b) FIELDING
AND ADJUDICATING MISSION RE-
22
QUESTS.—The Commander of the United States Indo-Pa-
23
cific Command shall establish a process to field and adju-
24
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dicate mission requests pursuant to the pilot program
1
under subsection (a) in a timely manner.
2
(c) SUNSET.—The authority to carry out the pilot
3
program under subsection (a) shall terminate on the date
4
that is three years after the date of the enactment of this
5
Act.
6
SEC. 349. NAMING OF CERTAIN ASSETS OF THE DEPART-
7
MENT OF DEFENSE IN THE COMMONWEALTH
8
OF VIRGINIA.
9
(a) IN GENERAL.—Not later than 30 days after the
10
date of the enactment of this Act, the Secretary of Defense
11
shall implement the naming recommendations for assets
12
of the Department of Defense in the Commonwealth of
13
Virginia that were adopted by the Commission.
14
(b) PROHIBITION RELATING TO OVERRIDING REC-
15
OMMENDATIONS.—The Secretary of Defense may not
16
change the name of an asset of the Department of Defense
17
in the Commonwealth of Virginia that was adopted by the
18
Commission to any name other than the name that was
19
adopted.
20
(c) COMMISSION DEFINED.—In this section, the term
21
‘‘Commission’’ means the commission established under
22
section 370(b) of the William M. (Mac) Thornberry Na-
23
tional Defense Authorization Act for Fiscal Year 2021
24
(Public Law 116–283; 10 U.S.C. 113 note).
25
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TITLE IV—MILITARY
1
PERSONNEL AUTHORIZATIONS
2
Subtitle A—Active Forces
3
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
4
The Armed Forces are authorized strengths for active
5
duty personnel as of September 30, 2026, as follows:
6
(1) The Army, 454,000.
7
(2) The Navy, 344,600.
8
(3) The Marine Corps, 172,300.
9
(4) The Air Force, 321,500.
10
(5) The Space Force, 10,400.
11
Subtitle B—Reserve Forces
12
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
13
(a) IN GENERAL.—The Armed Forces are authorized
14
strengths for Selected Reserve personnel of the reserve
15
components as of September 30, 2026, as follows:
16
(1) The Army National Guard of the United
17
States, 328,000.
18
(2) The Army Reserve, 172,000.
19
(3) The Navy Reserve, 57,500.
20
(4) The Marine Corps Reserve, 33,600.
21
(5) The Air National Guard of the United
22
States, 106,300.
23
(6) The Air Force Reserve, 67,500.
24
(7) The Coast Guard Reserve, 7,000.
25
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(b)
END
STRENGTH
REDUCTIONS.—The
end
1
strengths prescribed by subsection (a) for the Selected Re-
2
serve of any reserve component shall be proportionately
3
reduced by—
4
(1) the total authorized strength of units orga-
5
nized to serve as units of the Selected Reserve of
6
such component which are on active duty (other
7
than for training) at the end of the fiscal year; and
8
(2) the total number of individual members not
9
in units organized to serve as units of the Selected
10
Reserve of such component who are on active duty
11
(other than for training or for unsatisfactory partici-
12
pation in training) without their consent at the end
13
of the fiscal year.
14
(c) END STRENGTH INCREASES.—Whenever units or
15
individual members of the Selected Reserve for any reserve
16
component are released from active duty during any fiscal
17
year, the end strength prescribed for such fiscal year for
18
the Selected Reserve of such reserve component shall be
19
increased proportionately by the total authorized strengths
20
of such units and by the total number of such individual
21
members.
22
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SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
1
DUTY IN SUPPORT OF THE RESERVES.
2
Within the end strengths prescribed in section
3
411(a), the reserve components of the Armed Forces are
4
authorized, as of September 30, 2026, the following num-
5
ber of Reserves to be serving on full-time active duty or
6
full-time duty, in the case of members of the National
7
Guard, for the purpose of organizing, administering, re-
8
cruiting, instructing, or training the reserve components:
9
(1) The Army National Guard of the United
10
States, 30,845.
11
(2) The Army Reserve, 16,511.
12
(3) The Navy Reserve, 10,132.
13
(4) The Marine Corps Reserve, 2,400.
14
(5) The Air National Guard of the United
15
States, 25,982.
16
(6) The Air Force Reserve, 6,311.
17
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
18
(DUAL STATUS).
19
(a) IN GENERAL.—The minimum number of military
20
technicians (dual status) as of the last day of fiscal year
21
2026 for the reserve components of the Army and the Air
22
Force (notwithstanding section 129 of title 10, United
23
States Code) shall be the following:
24
(1) For the Army National Guard of the United
25
States, 22,294.
26
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(2) For the Army Reserve, 6,492.
1
(3) For the Air National Guard of the United
2
States, 10,744.
3
(4) For the Air Force Reserve, 6,697.
4
(b) LIMITATION ON NUMBER OF TEMPORARY MILI-
5
TARY TECHNICIANS (DUAL STATUS).—The number of
6
temporary military technicians (dual status) employed
7
under the authority of subsection (a) may not exceed 25
8
percent of the total authorized number specified in such
9
subsection.
10
(c) LIMITATION.—Under no circumstances may a
11
military technician (dual status) employed under the au-
12
thority of this section be coerced by a State into accepting
13
an offer of realignment or conversion to any other military
14
status, including as a member of the Active, Guard, and
15
Reserve component. If a military technician (dual status)
16
declines to participate in such realignment or conversion,
17
no further action will be taken against the individual or
18
the individual’s position.
19
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
20
THORIZED TO BE ON ACTIVE DUTY FOR
21
OPERATIONAL SUPPORT.
22
During fiscal year 2026, the maximum number of
23
members of the reserve components of the Armed Forces
24
who may be serving at any time on full-time operational
25
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support duty under section 115(b) of title 10, United
1
States Code, is the following:
2
(1) The Army National Guard of the United
3
States, 17,000.
4
(2) The Army Reserve, 13,000.
5
(3) The Navy Reserve, 6,200.
6
(4) The Marine Corps Reserve, 3,000.
7
(5) The Air National Guard of the United
8
States, 16,000.
9
(6) The Air Force Reserve, 14,000.
10
Subtitle C—Authorization of
11
Appropriations
12
SEC. 421. MILITARY PERSONNEL.
13
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
14
are hereby authorized to be appropriated for fiscal year
15
2026 for the use of the Armed Forces and other activities
16
and agencies of the Department of Defense for expenses,
17
not otherwise provided for, for military personnel, as spec-
18
ified in the funding table in section 4401.
19
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
20
thorization of appropriations in the subsection (a) super-
21
sedes any other authorization of appropriations (definite
22
or indefinite) for such purpose for fiscal year 2026.
23
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TITLE V—MILITARY PERSONNEL
1
POLICY
2
Subtitle A—Officer Personnel
3
Policy
4
SEC. 501. STATUTORY ADJUSTMENT TO REFLECT TRANS-
5
FER OF CERTAIN GENERAL OFFICER BILLETS
6
FROM THE AIR FORCE TO THE SPACE FORCE.
7
Section 526(a) of title 10, United States Code, is
8
amended—
9
(1) in paragraph (3), by striking ‘‘171’’ and in-
10
serting ‘‘168’’; and
11
(2) in paragraph (5), by striking ‘‘21’’ and in-
12
serting ‘‘24’’.
13
SEC. 502. NOTICE OF REMOVAL OF JUDGE ADVOCATES
14
GENERAL.
15
(a) ARMY.—Section 7037 of title 10, United States
16
Code, is amended by adding at the end the following new
17
subsection:
18
‘‘(f) If the Judge Advocate General is removed from
19
office before the end of the term of the Judge Advocate
20
General as specified in subsection (a), the Secretary of De-
21
fense shall, not later than five days before the removal
22
takes effect, submit to the Committees on Armed Services
23
of the Senate and the House of Representatives notice
24
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that the Judge Advocate General is being removed and
1
a statement of the reason for the removal.’’.
2
(b) NAVY.—Section 8088 of title 10, United States
3
Code, is amended by adding at the end the following new
4
subsection:
5
‘‘(f) If the Judge Advocate General is removed from
6
office before the end of the term of the Judge Advocate
7
General as specified in subsection (b), the Secretary of De-
8
fense shall, not later than five days before the removal
9
takes effect, submit to the Committees on Armed Services
10
of the Senate and the House of Representatives notice
11
that the Judge Advocate General is being removed and
12
a statement of the reason for the removal.’’.
13
(c) AIR FORCE.—Section 9037 of title 10, United
14
States Code, is amended by adding at the end the fol-
15
lowing new subsection:
16
‘‘(g) If the Judge Advocate General is removed from
17
office before the end of the term of the Judge Advocate
18
General as specified in subsection (a), the Secretary of De-
19
fense shall, not later than five days before the removal
20
takes effect, submit to the Committees on Armed Services
21
of the Senate and the House of Representatives notice
22
that the Judge Advocate General is being removed and
23
a statement of the reason for the removal.’’.
24
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SEC. 503. QUALIFICATIONS FOR JUDGE ADVOCATES.
1
(a) IN GENERAL.—Section 806 of title 10, United
2
States Code (article 6 of the Uniform Code of Military
3
Justice) is amended—
4
(1) by redesignating subsections (a) through (d)
5
as subsections (b) through (e), respectively;
6
(2) by inserting before subsection (b), as redes-
7
ignated by paragraph (1), the following new sub-
8
section:
9
‘‘(a)(1) Judge advocates subject to this chapter must
10
be—
11
‘‘(A) admitted to the practice of law before the
12
highest court of a State, Territory, Commonwealth,
13
or the District of Columbia, and maintain an active
14
license to practice before such court;
15
‘‘(B) subject to the jurisdiction’s disciplinary
16
review process; and
17
‘‘(C) in compliance with such other require-
18
ments as the cognizant authority has set to remain
19
eligible to practice law.
20
‘‘(2) The Judge Advocates General of the Army,
21
Navy, Air Force, and Coast Guard and the Staff Judge
22
Advocate to the Commandant of the Marine Corps may
23
suspend the authority of judge advocates in their respec-
24
tive services to perform legal duties if such officers become
25
noncompliant with the requirements in paragraph (1).
26
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Judge advocates and legal officers suspended or disbarred
1
from the practice of law within a jurisdiction shall not per-
2
form legal duties.’’.
3
(3) CONFORMING AMENDMENTS.—
4
(A) TRIAL COUNSEL AND DEFENSE COUN-
5
SEL.—Section 827(b) of title 10, United States
6
Code (article 27(b) of the Uniform Code of
7
Military Justice) is amended by amending para-
8
graph (1) to read as follows:
9
‘‘(1) must be a judge advocate who is qualified
10
under section 806(a)(1) of this title (article 6(a)(1));
11
and’’.
12
(B) SPECIAL
TRIAL
COUNSEL.—Section
13
824a(b)(1) of title 10, United States Code (ar-
14
ticle 24a(b)(1) of the Uniform Code of Military
15
Justice) is amended by amending subparagraph
16
(A) to read as follows:
17
‘‘(A) is a judge advocate who is qualified under
18
section 806(a)(1) of this title (article 6(a)(1)); and’’.
19
SEC. 504. MODIFICATION OF WAIVER AUTHORITY RELATED
20
TO JOINT QUALIFIED OFFICER REQUIRE-
21
MENT PRIOR TO PROMOTION TO GENERAL
22
OR FLAG GRADE.
23
Section 619a(b)(3) of title 10, United States Code,
24
is amended—
25
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(1) by striking subparagraph (A); and
1
(2) redesignating subparagraphs (B) and (C) as
2
subparagraphs (A) and (B), respectively.
3
SEC. 505. NOTIFICATION OF REMOVAL OF OFFICERS FROM
4
SELECTION
BOARD
REPORTS
AND
PRO-
5
MOTION LISTS.
6
(a) REGULAR COMPONENTS.—
7
(1)
SELECTION
BOARD
REPORTS.—Section
8
618(d) of title 10, United States Code, is amended
9
by adding at the end the following new paragraph:
10
‘‘(3) The Secretary of Defense shall notify the con-
11
gressional defense committees of the removal of the name
12
of an officer from the report of a selection board by the
13
President or the Secretary or Deputy Secretary of Defense
14
under paragraph (1) or paragraph (2), respectively, for
15
any reason other than misconduct—
16
‘‘(A) not later than 30 days after the name of
17
an officer is removed; and
18
‘‘(B) prior to submission to the Senate of a pro-
19
motion list with respect to such report pursuant to
20
section 624(c) of this title.’’.
21
(2) PROMOTION LISTS.—Section 629(a) of title
22
10, United States Code, is amended by adding at
23
the end the following: ‘‘The President shall notify
24
the congressional defense committees not later than
25
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30 days after removing the name of an officer from
1
such list for any reason other than misconduct.’’.
2
(b) RESERVE COMPONENTS.—Section 14111(b) of
3
title 10, United States Code, is amended by adding at the
4
end the following new paragraph:
5
‘‘(3) The Secretary of Defense shall notify the con-
6
gressional defense committees of the removal of the name
7
of an officer from the report of a selection board by the
8
President or the Secretary or Deputy Secretary of Defense
9
under paragraph (1) or paragraph (2), respectively, for
10
any reason other than misconduct—
11
‘‘(A) not later than 30 days after the name of
12
an officer is removed; and
13
‘‘(B) prior to submission to the Senate of a pro-
14
motion list with respect to such report pursuant to
15
section 12203 of this title.’’.
16
SEC. 506. SPACE FORCE GENERAL OFFICER MANAGEMENT.
17
(a) DISTRIBUTION OF COMMISSIONED OFFICERS ON
18
ACTIVE SERVICE IN GENERAL OFFICER GRADES.—Sec-
19
tion 525 of title 10, United States Code, is amended—
20
(1) in subsection (a)—
21
(A) in the matter preceding paragraph (1),
22
by inserting ‘‘or the Space Force officer list’’
23
after ‘‘officer on the active duty list’’; and
24
(B) in paragraph (5)—
25
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(i) in subparagraph (A), by striking
1
‘‘officers in the grade of general’’ and in-
2
serting ‘‘officers on sustained duty orders
3
in the grade of general’’;
4
(ii) in subparagraph (B), by striking
5
‘‘officers in a grade above’’ and inserting
6
‘‘officers on sustained duty orders in a
7
grade above’’; and
8
(iii) in subparagraph (C), by striking
9
‘‘officers in the grade’’ and inserting ‘‘offi-
10
cers on sustained duty orders in the
11
grade’’; and
12
(2) in subsection (h), by adding at the end the
13
following new paragraph:
14
‘‘(3) The limitations of this section do not apply to
15
a Space Force general officer serving in a Space Force
16
active status but not on sustained duty orders, and who
17
is on active service for a period in excess of 365 days but
18
not to exceed three years. Unless authorized by the Sec-
19
retary of Defense, the number of Space Force general offi-
20
cers covered by this subsection and not serving in a joint
21
duty assignment for purposes of chapter 38 of this title
22
may not exceed two. Not later than 30 days after author-
23
izing more than two Space Force general officers covered
24
by this subsection, the Secretary of Defense shall provide
25
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the notification required in accordance with paragraph
1
(2).’’.
2
(b) AUTHORIZED STRENGTH OF SPACE FORCE GEN-
3
ERAL OFFICERS ON ACTIVE SERVICE.—Section 526 of
4
such title is amended—
5
(1) in subsection (c)—
6
(A) in the subsection heading, by inserting
7
‘‘AND OF THE SPACE FORCE’’ after ‘‘COMPO-
8
NENTS’’;
9
(B) in paragraph (1), by inserting ‘‘or of
10
the Space Force’’ after ‘‘a reserve component’’;
11
(C) in paragraph (2), by adding at the end
12
the following new subparagraph:
13
‘‘(D) The Secretary of the Air Force may au-
14
thorize not more than two of the general officers au-
15
thorized to serve in the Space Force under section
16
20110 of this title to serve on active service for a
17
period of at least 180 days and not longer than 365
18
days.’’; and
19
(D) in paragraph (3)(A), by inserting ‘‘, or
20
a Space Force general officer in a Space Force
21
active status not on sustained duty,’’ after ‘‘a
22
reserve component’’; and
23
(2) in subsection (d)—
24
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(A) in paragraph (1), by striking ‘‘officer;
1
or’’ and inserting ‘‘officer;’’;
2
(B) in paragraph (2), by striking the pe-
3
riod at the end and inserting ‘‘; or’’; and
4
(C) by adding at the end the following new
5
paragraph:
6
‘‘(3) a Space Force officer in the grade of brig-
7
adier general or above who is pending transition off
8
of sustained duty orders, but only during the 60-day
9
period preceding the end date of such orders.’’.
10
(c) STRENGTH IN GRADE: SPACE FORCE GENERAL
11
OFFICERS IN A SPACE FORCE ACTIVE STATUS NOT ON
12
SUSTAINED DUTY.—Chapter 2003 of such title is amend-
13
ed by adding at the end the following new section:
14
‘‘§ 20110. Strength in grade: Space Force general offi-
15
cers in a Space Force active status, not
16
on sustained duty
17
‘‘(a) AUTHORIZED
STRENGTH.—The authorized
18
strength of general officers in the Space Force serving in
19
a Space Force active status but not on sustained duty is
20
five.
21
‘‘(b) EXCLUSIONS.—The following Space Force gen-
22
eral officers shall not be counted for purposes of this sec-
23
tion:
24
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‘‘(1) Those counted under section 526 of this
1
title.
2
‘‘(2) Those serving in a joint duty assignment
3
for purposes of chapter 38 of this title, except that
4
the number of officers who may be excluded under
5
this paragraph may not exceed two.
6
‘‘(c) PERMANENT GRADE.—A Space Force general
7
officer may not be reduced in permanent grade because
8
of a reduction in the number authorized under subsection
9
(a).
10
‘‘(d) TEMPORARY EXCLUSION.—The limitations of
11
subsection (a) do not apply to an officer released from a
12
joint duty assignment or other non-joint active service as-
13
signment, but only during the 60-day period beginning on
14
the date the officer departs the joint duty or other active
15
service assignment. The Secretary of Defense may author-
16
ize the Secretary of the Air Force to extend the 60-day
17
period by an additional 120 days, except that not more
18
than three Space Force officers may be covered by an ex-
19
tension under this subsection at the same time.’’.
20
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SEC. 507. TEMPORARY INCREASE IN FISCAL YEAR PER-
1
CENTAGE LIMITATION FOR REDUCTION OR
2
WAIVER
OF
SERVICE-IN-GRADE
REQUIRE-
3
MENT FOR GENERAL AND FLAG OFFICERS TO
4
BE RETIRED IN PAY GRADES O-7 AND O-8.
5
During the period beginning on the date of the enact-
6
ment of this Act and ending on September 30, 2027, the
7
percentage limitation in section 1370(b)(5)(C) of title 10,
8
United States Code, shall be equal to 15 percent of the
9
authorized active-duty strength for that fiscal year for of-
10
ficers of that Armed Force in the applicable grade.
11
Subtitle B—Reserve Component
12
Management
13
SEC. 511. EXPANSION OF AUTHORITY TO WAIVE LIMITA-
14
TIONS ON RELEASE OF RESERVES FROM AC-
15
TIVE DUTY WITHIN TWO YEARS OF RETIRE-
16
MENT ELIGIBILITY.
17
Section 12686(b) of title 10, United States Code, is
18
amended by striking ‘‘an order to active duty that specifies
19
a period of less than 180 days’’ and inserting ‘‘an order
20
to active duty that specifies a period of less than 365
21
days’’.
22
SEC. 512. DISESTABLISHMENT OF NAVY RESERVE CENTER
23
SYSTEM.
24
The Secretary of the Navy (or a designee of the Sec-
25
retary) shall—
26
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(1) direct the disestablishment of the Navy Re-
1
serve Center system;
2
(2) transfer all Navy reserve administrative
3
readiness functions to the responsibility and cog-
4
nizance of Navy reserve unit commanding officers or
5
Navy reserve community directors, as appropriate;
6
and
7
(3) reassign each member of an active or re-
8
serve component of the Navy assigned to the Navy
9
Reserve Center system as of the date of the enact-
10
ment of this Act within the active or reserve compo-
11
nent of the member or transfer the member to the
12
inactive reserve, as applicable.
13
SEC. 513. NATIONAL GUARD PERSONNEL AUTHORITIES.
14
(a) ARMY NATIONAL GUARD.—Under regulations
15
prescribed by the Secretary of the Army—
16
(1) an officer of the Army National Guard who
17
fills a vacancy in a federally recognized unit of the
18
Army National Guard may be transferred from the
19
active Army National Guard to the inactive Army
20
National Guard;
21
(2) an officer of the Army National Guard
22
transferred to the inactive Army National Guard
23
pursuant to paragraph (1) may be transferred from
24
the inactive Army National Guard to the active
25
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Army National Guard to fill a vacancy in a federally
1
recognized unit;
2
(3) a warrant officer of the Army National
3
Guard who fills a vacancy in a federally recognized
4
unit of the Army National Guard may be transferred
5
from the active Army National Guard to the inactive
6
Army National Guard; and
7
(4) a warrant officer of the Army National
8
Guard transferred to the inactive Army National
9
Guard pursuant to paragraph (1) may be trans-
10
ferred from the inactive Army National Guard to the
11
active Army National Guard to fill a vacancy in a
12
federally recognized unit.
13
(b) AIR NATIONAL GUARD.—Under regulations pre-
14
scribed by the Secretary of the Air Force—
15
(1) an officer of the Air National Guard who
16
fills a vacancy in a federally recognized unit of the
17
Air National Guard may be transferred from the ac-
18
tive Air National Guard to the inactive Air National
19
Guard; and
20
(2) an officer of the Air National Guard trans-
21
ferred to the inactive Air National Guard pursuant
22
to paragraph (1) may be transferred from the inac-
23
tive Air National Guard to the active Air National
24
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Guard to fill a vacancy in a federally recognized
1
unit.
2
SEC. 514. NATIONAL GUARD PERSONNEL DISASTER RE-
3
SPONSE DUTY.
4
Chapter 3 of title 32, United States Code, is amend-
5
ed—
6
(1) by redesignating section 329 as section 330;
7
and
8
(2) by inserting after section 328 the following
9
new section:
10
‘‘§ 329. Active Guard and Reserve duty: disaster re-
11
sponse duty
12
‘‘(a) DISASTER RESPONSE AUTHORITY.—When a
13
Governor has declared an emergency due to a disaster, the
14
Secretary of Defense may authorize the Governor to direct
15
National Guard personnel serving under section 328 of
16
this title to perform duties in response to, or in prepara-
17
tion for, such disaster.
18
‘‘(b) REQUIREMENTS.—The disaster response duty
19
described in subsection (a)—
20
‘‘(1) may be performed to the extent that the
21
performance of the duty does not interfere with the
22
performance of the member’s primary Active Guard
23
and Reserve duties of organizing, administering, re-
24
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cruiting, instructing, and training the reserve com-
1
ponents; and
2
‘‘(2) shall not exceed 14 days per person per
3
calendar year unless the President has declared a
4
disaster under title IV of the Robert T. Stafford
5
Disaster Relief and Emergency Assistance Act (42
6
U.S.C. 5170 et seq.).
7
‘‘(c) LIABILITY.—A member described in subsection
8
(a) is not an instrumentality of the United States with
9
respect to any act or omission in carrying out a disaster
10
response duty pursuant to this section. The United States
11
shall not be responsible for any claim or judgment arising
12
from the use of National Guard personnel under this sec-
13
tion.
14
‘‘(d) DEFINITIONS.—In this section:
15
‘‘(1) The term ‘disaster response duty’ means
16
duty performed by a member of the National Guard
17
at the direction of the Governor of the State and
18
pursuant to an emergency declaration by such Gov-
19
ernor in response to a disaster or in preparation for
20
an imminent disaster.
21
‘‘(2) The term ‘State’ means each of the several
22
States, the Commonwealth of Puerto Rico, Guam,
23
and the United States Virgin Islands.’’.
24
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Subtitle C—General Service
1
Authorities and Military Records
2
SEC. 521. CHIEF OF NAVAL PERSONNEL.
3
Section 8081 of title 10, United States Code, is
4
amended by adding at the end the following new sub-
5
section:
6
‘‘(c) The Chief of Naval Personnel shall be respon-
7
sible for overall management, oversight, and administra-
8
tion of Navy military and civilian employees.’’.
9
SEC. 522. ENHANCED EFFICIENCY AND SERVICE DISCRE-
10
TION FOR DISABILITY EVALUATION SYSTEM
11
REVIEWS.
12
(a) SECRETARIAL DISCRETION AND STATEMENTS OF
13
CONTENTION FOR APPEALS TO PHYSICAL EVALUATION
14
BOARD DETERMINATIONS OF FITNESS FOR DUTY.—Sec-
15
tion 524 of the National Defense Authorization Act for
16
Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1071
17
note) is amended—
18
(1) in the matter preceding paragraph (1), by
19
striking ‘‘Not later than 90 days after the date of
20
the enactment of this Act, the Secretary’’ and insert-
21
ing ‘‘The Secretary’’;
22
(2) in paragraph (1), by adding at the end the
23
following: ‘‘The Secretary concerned may require
24
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submission of a statement of contention as part of
1
the appeal submission.’’; and
2
(3) by amending paragraph (2) to read as fol-
3
lows:
4
‘‘(2) If the member submits a formal appeal,
5
the Secretary concerned shall conduct a fitness for
6
duty determination consisting of either a records re-
7
view or an impartial appellate hearing, as deter-
8
mined by the Secretary.’’.
9
(b) STATEMENTS OF CONTENTION FOR PHYSICAL
10
EVALUATION BOARDS.—Section 1214 of title 10, United
11
States Code, is amended by striking ‘‘if he demands it.’’
12
and inserting ‘‘if the member demands it. The Secretary
13
concerned may require submission of a statement of con-
14
tention as part of the demand.’’.
15
SEC. 523. TECHNICAL CORRECTION RELATED TO CON-
16
VALESCENT LEAVE FOR ACADEMY CADETS
17
AND MIDSHIPMEN.
18
Section 702 of title 10, United States Code, is
19
amended—
20
(1) by redesignating subsections (c), (d), and
21
(e) as subsections (d), (e), and (f), respectively;
22
(2) by inserting after subsection (b) the fol-
23
lowing new subsection:
24
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‘‘(c) CONVALESCENT LEAVE.—An academy cadet or
1
midshipman diagnosed with a medical condition is allowed
2
convalescent leave under section 701(m) of this title.’’; and
3
(3) in subsection (d), as redesignated by para-
4
graph (1), by striking ‘‘Sections 701’’ and inserting
5
‘‘Except as provided under subsection (c), sections
6
701’’.
7
SEC. 524. RECOGNITION OF REMOTELY PILOTED AIRCRAFT
8
CREW.
9
(a) IN GENERAL.—Not later than 180 days after the
10
date of the enactment of this Act, the Secretaries of the
11
military departments, in consultation with the Secretary
12
of Veterans Affairs, shall establish a status identifier or
13
equivalent recognition to denote the combat participation
14
of remotely piloted aircraft (RPA) crew members who con-
15
duct operations in direct support of combat missions. The
16
identifier shall be designed to enable appropriate consider-
17
ation by the Department of Veterans Affairs in the admin-
18
istration of benefits and services that account for combat-
19
related service, consistent with how traditional combat
20
designators are treated.
21
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
22
tion shall be construed to require the Department of De-
23
fense to categorize service described in subsection (a) as
24
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equivalent to service involving physical presence in a com-
1
bat zone.
2
Subtitle D—Military Justice and
3
Other Legal Matters
4
SEC. 531. NOTIFICATION OF MILITARY SEX OFFENDERS AT
5
MILITARY INSTALLATIONS.
6
(a) IN GENERAL.—Not later than one year after the
7
date of the enactment of this Act, the Secretary of Defense
8
shall establish and implement a policy to ensure that reg-
9
istered sex offenders that reside or work on military instal-
10
lations are identified to the respective military community,
11
including, as necessary, through agreements with State
12
and local law enforcement agencies.
13
(b) REPORT ON DESIGNATION OF DEPARTMENT OF
14
DEFENSE AS JURISDICTION UNDER SORNA.—Not later
15
than one year after the date of the enactment of this Act,
16
the Secretary of Defense shall submit to the Committees
17
on Armed Services of the Senate and the House of Rep-
18
resentatives a report assessing the advisability and desir-
19
ability of designating the Department of Defense as a ju-
20
risdiction for purposes of notification requirements under
21
the Sex Offender Registration and Notification Act (title
22
I of Public Law 109–248; 42 U.S.C. 16901 et seq.).
23
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SEC. 532. QUARTERLY REPORTS ON SEXUAL ASSAULT PRE-
1
VENTION AND RESPONSE EFFORTS.
2
(a) QUARTERLY REPORTS REQUIRED.—Not later
3
than 90 days after the date of the enactment of this Act,
4
and every 90 days thereafter, the Secretary of Defense
5
shall submit to the congressional defense committees a re-
6
port on the activities, progress, and performance metrics
7
of the Sexual Assault Prevention and Response Office
8
(SAPRO) for the preceding quarter.
9
(b) ELEMENTS.—Each report submitted under sub-
10
section (a) shall include the following elements:
11
(1) Updates on the implementation status of
12
ongoing and new SAPRO initiatives, including any
13
reforms mandated by statute, executive order, or in-
14
ternal Department of Defense directive.
15
(2) Metrics on reported sexual assault cases,
16
broken down by military service and component, in-
17
cluding status of case processing and outcomes.
18
(3) Updates on the staffing, resourcing, and ac-
19
tivities of the Office of Special Trial Counsel.
20
(4) Performance metrics and outcome-based
21
evaluations of prevention programs and training ef-
22
fectiveness.
23
(5) Progress towards meeting the Department’s
24
goals related to survivor care, victim advocacy, and
25
commander accountability.
26
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(6) Interagency coordination and alignment
1
with civilian best practices or recommendations from
2
external advisory bodies.
3
(7) Any challenges, shortfalls, or recommenda-
4
tions for legislative or policy changes to improve ef-
5
fectiveness.
6
(c) FORM.—Each report shall be submitted in unclas-
7
sified form, but may contain a classified annex if nec-
8
essary.
9
Subtitle E—Member Education,
10
Training, and Transition
11
SEC. 541. MILITARY SERVICE ACADEMY NOMINATIONS.
12
(a) UNITED STATES MILITARY ACADEMY.—Section
13
7442(a) of title 10, United States Code, is amended by
14
striking ‘‘9 ranked or unranked alternates’’ and inserting
15
‘‘up to 14 ranked or unranked alternates’’.
16
(b) UNITED STATES NAVAL ACADEMY.—Section
17
8454 of title 10, United States Code, is amended—
18
(1) in the section heading, by striking ‘‘num-
19
ber’’ and inserting ‘‘appointment; numbers,
20
territorial distribution’’; and
21
(2) in subsection (a), by striking ‘‘9 ranked or
22
unranked alternates’’ and inserting ‘‘up to 14
23
ranked or unranked alternates’’.
24
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(c) UNITED STATES AIR FORCE ACADEMY.—Section
1
9442(a) of title 10, United States Code, is amended by
2
striking ‘‘9 ranked or unranked alternates’’ and inserting
3
‘‘up to 14 ranked or unranked alternates’’.
4
SEC. 542. ASYNCHRONOUS INSTRUCTION IN DISTANCE
5
EDUCATION
OPTION
FOR
PROFESSIONAL
6
MILITARY EDUCATION.
7
Subsection (c)(1) of section 2154 of title 10, United
8
States Code, as added by section 555 of the Servicemem-
9
ber Quality of Life Improvement and National Defense
10
Authorization Act for Fiscal Year 2025 (Public Law 118–
11
159; 138 Stat. 1896), is amended by inserting ‘‘asyn-
12
chronously and’’ after ‘‘course of instruction’’.
13
SEC. 543. ARMY UNIVERSITY.
14
Chapter 751 of title 10, United States Code, is
15
amended by inserting after section 7406 the following new
16
section:
17
‘‘§ 7407. Army University
18
‘‘(a) IN GENERAL.—There is an Army University.
19
The Army University shall integrate all of the professional
20
military education institutions within the Army into a sin-
21
gle educational structure to provide economic policy, gov-
22
ernance, and innovation to such institutions.
23
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‘‘(b) COMPONENT CENTERS AND SCHOOLS.—Compo-
1
nent centers and schools of the Army University include
2
the following:
3
‘‘(1) The Army War College.
4
‘‘(2) The United States Army Command and
5
General Staff College.
6
‘‘(3) The Army Warrant Officer Career College.
7
‘‘(4) The Army Management Staff College.
8
‘‘(5) The Western Hemisphere Institute for Se-
9
curity Cooperation.
10
‘‘(6) Any additional colleges, centers of excel-
11
lence, and schools that the Secretary of the Army
12
determines appropriate.’’.
13
SEC. 544. INTEGRATION OF THE SECRETARY OF DEFENSE
14
STRATEGIC THINKERS PROGRAM.
15
(a) INTEGRATION WITH PROFESSIONAL MILITARY
16
EDUCATION.—
17
(1) IN
GENERAL.—Not later than 120 days
18
after the date of the enactment of this Act, the Sec-
19
retary of Defense shall submit to the congressional
20
defense committees a report detailing the Depart-
21
ment of Defense’s plan to obtain Military Education
22
Level One (MEL–1) credit for the Strategic Think-
23
ers Program (STP).
24
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(2) ELEMENTS.—The report required under
1
paragraph (1) shall include—
2
(A) a detailed assessment of how the STP
3
enhances strategic thought and decision-making
4
among military and civilian leaders;
5
(B) a history of the utilization of past
6
graduates of the STP;
7
(C) a plan to identify specific positions in
8
the Department that will best utilize the skills
9
and abilities of future program graduates;
10
(D) a description of the measures to obtain
11
MEL–1 credit for completing STP, including
12
recommendations on current authorities that
13
could be utilized to grant MEL–1 credit to pro-
14
gram graduates;
15
(E) recommendations for expanding par-
16
ticipation among military officers and civilian
17
officials; and
18
(F) an implementation timeline and associ-
19
ated resourcing requirements.
20
(b) IMPLEMENTATION AND OVERSIGHT.—The Sec-
21
retary of Defense shall designate an appropriate office
22
within the Department to manage the STP and implement
23
MEL–1 credit for STP completion. The designated office
24
shall provide an annual briefing to the congressional de-
25
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fense committees on the status of awarding MEL–1 credit,
1
program effectiveness, and any legislative or funding ad-
2
justments necessary to support continued program suc-
3
cess.
4
SEC. 545. IMPROVEMENTS TO INFORMATION-SHARING TO
5
SUPPORT INDIVIDUALS RETIRING OR SEPA-
6
RATING FROM THE ARMED FORCES.
7
(a) OPT-OUT SHARING.—Section 570F of the Na-
8
tional Defense Authorization Act for Fiscal Year 2020
9
(Public Law 116–92; 10 U.S.C. 1142 note) is amended—
10
(1) in subsection (c)—
11
(A) by striking ‘‘out the form to indicate
12
an email address’’ and inserting the following:
13
‘‘out the form to indicate—
14
‘‘(1) an email address’’;
15
(B) in paragraph (1), as designated by
16
subparagraph (A), by striking the period at the
17
end and inserting ‘‘; and’’;
18
(C) by adding at the end the following new
19
paragraph:
20
‘‘(2) if the individual would like to opt-out of
21
the transmittal of the individual’s information to
22
and through a State veterans agency as described in
23
subsection (a).’’; and
24
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(2) by amending subsection (d) to read as fol-
1
lows:
2
‘‘(d) OPT-OUT OF INFORMATION SHARING.—Infor-
3
mation on an individual shall be transmitted to and
4
through a State veterans agency as described in subsection
5
(a) unless the individual indicates pursuant to subsection
6
(c)(2) that the individual would like to opt out of such
7
transmittal.’’.
8
(b) STORAGE AND TRANSFER OF INFORMATION.—
9
Such section is further amended by adding at the end the
10
following new subsection:
11
‘‘(e) STORAGE AND TRANSFER OF INFORMATION.—
12
‘‘(1) IN GENERAL.—The Secretary of Defense
13
shall seek to enter into memoranda of understanding
14
or other agreements with the State veterans agencies
15
described in subsection (a) to create or modify a De-
16
partment system to store and transfer information
17
under this section to information systems of such
18
State veterans agencies.
19
‘‘(2) COMPLIANCE.—The Secretary shall ensure
20
that any agreement entered into under paragraph
21
(1) is in compliance with—
22
‘‘(A) applicable provisions of law relating
23
to privacy and personally identifiable informa-
24
tion; and
25
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‘‘(B) applicable policies relating to cyberse-
1
curity of Department information systems and
2
State information systems.’’.
3
(c) LIMITATION ON USE OF INFORMATION.—Such
4
section is further amended by adding at the end the fol-
5
lowing new subsection:
6
‘‘(f) LIMITATION ON USE OF INFORMATION.—Infor-
7
mation transferred under this section may only be used
8
by a State for the purpose of providing or connecting vet-
9
erans to benefits or services as described in subsection
10
(a).’’.
11
SEC. 546. MANDATORY TRAINING ON GOVERNMENT ETHICS
12
AND NATIONAL SECURITY LAW.
13
(a) ANNUAL TRAINING ON GOVERNMENT ETHICS
14
AND STANDARDS OF CONDUCT.—The Secretaries of the
15
military departments shall ensure that all members of the
16
Armed Forces in their respective departments are trained
17
annually in government ethics and standards of conduct.
18
(b) TRAINING ON THE LAW OF ARMED CONFLICT
19
AND RULES OF ENGAGEMENT.—The Secretaries of the
20
military departments shall ensure that all members of the
21
Armed Forces in their respective departments are trained
22
on the following topics, including within 90 days of a mo-
23
bilization or deployment, as applicable:
24
(1) The law of armed conflict.
25
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(2) Rules of engagement.
1
(3) Defense support for civil authorities.
2
(4) Standing rules for the use of force.
3
(5) The Code of Conduct.
4
SEC. 547. PROHIBITION ON CONSIDERATION OF RACE, SEX,
5
COLOR, ETHNICITY, NATIONAL ORIGIN, OR
6
RELIGION IN SERVICE ACADEMY ADMISSIONS
7
DECISIONS.
8
(a) IN GENERAL.—The Service Academies may not
9
consider race, sex, color, ethnicity, national origin, or reli-
10
gion in admissions decisions.
11
(b) SERVICE ACADEMY DEFINED.—In this section,
12
the term ‘‘Service Academy’’ has the meaning given the
13
term in section 347 of title 10, United States Code.
14
SEC. 548. PROHIBITION ON PARTICIPATION OF MALES IN
15
ATHLETIC PROGRAMS OR ACTIVITIES AT THE
16
MILITARY SERVICE ACADEMIES THAT ARE
17
DESIGNATED FOR WOMEN OR GIRLS.
18
(a) IN GENERAL.—The Secretary of Defense shall
19
ensure that the United States Military Academy, the
20
United States Naval Academy, and the United States Air
21
Force Academy do not permit a person whose sex is male
22
to participate in an athletic program or activity that is
23
designated for women or girls.
24
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(b) RULE OF CONSTRUCTION.—Nothing in this sec-
1
tion shall be construed to prohibit a recipient from permit-
2
ting males to train or practice with an athletic program
3
or activity that is designated for women or girls so long
4
as no female is deprived of a roster spot on a team or
5
sport, opportunity to participate in a practice or competi-
6
tion, scholarship, admission to an educational institution,
7
or any other benefit that accompanies participating in the
8
athletic program or activity.
9
(c) DEFINITIONS.—In this section—
10
(1) the term ‘‘athletic programs and activities’’
11
includes all programs or activities that are provided
12
conditional upon participation with any athletic
13
team; and
14
(2) the term ‘‘sex’’ means a person’s reproduc-
15
tive biology and genetics at birth.
16
SEC. 549. PATHWAY FOR CADETS AND MIDSHIPMEN TO
17
PLAY PROFESSIONAL SPORTS.
18
(a) REPEAL OF CERTAIN RESTRICTIONS.—Section
19
553 of the James M. Inhofe National Defense Authoriza-
20
tion Act for Fiscal Year 2023 (Public Law 117–263; 136
21
Stat. 2592), and the amendments made by such section,
22
are repealed.
23
(b) AUTHORITY.—
24
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(1) UNITED STATES MILITARY ACADEMY.—Sec-
1
tion 7448(a) of title 10, United States Code, is
2
amended—
3
(A) in paragraph (2), by inserting ‘‘, ex-
4
cept as provided under paragraph (5),’’ after
5
‘‘That’’; and
6
(B) by adding at the end the following new
7
paragraph:
8
‘‘(5) That, upon graduation, a cadet may seek
9
employment as a professional athlete or Olympic
10
athlete if the cadet is drafted or signs a free agent
11
contract with a professional sports entity, in which
12
case the cadet will incur a five-year service obliga-
13
tion upon employment as a professional or Olympic
14
athlete and will, if no longer employed as a profes-
15
sional or Olympic athlete, return as a regular officer
16
in the active component for a five-year service obli-
17
gation. If the cadet is ineligible to return to active
18
service, the cadet shall repay the government for the
19
cost of his or her education.’’.
20
(2) UNITED STATES NAVAL ACADEMY.—Section
21
8459(a) of title 10, United States Code, is amend-
22
ed—
23
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(A) in paragraph (2), by inserting ‘‘, ex-
1
cept as provided under paragraph (5),’’ after
2
‘‘That’’; and
3
(B) by adding at the end the following new
4
paragraph:
5
‘‘(5) That, upon graduation, a midshipman may
6
seek employment as a professional athlete or Olym-
7
pic athlete if the midshipman is drafted or signs a
8
free agent contract with a professional sports entity,
9
in which case the midshipman will incur a five-year
10
service obligation upon employment as a professional
11
or Olympic athlete and will, if no longer employed as
12
a professional or Olympic athlete, return as a reg-
13
ular officer in the active component for a five-year
14
service obligation. If the midshipman is ineligible to
15
return to active service, the midshipman shall repay
16
the government for the cost of his or her edu-
17
cation.’’.
18
(3) UNITED STATES AIR FORCE ACADEMY.—
19
Section 9448(a) of title 10, United States Code, is
20
amended—
21
(A) in paragraph (2), by inserting ‘‘, ex-
22
cept as provided under paragraph (5),’’ after
23
‘‘That’’; and
24
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(B) by adding at the end the following new
1
paragraph:
2
‘‘(5) That, upon graduation, a cadet may seek
3
employment as a professional athlete or Olympic
4
athlete if the cadet is drafted or signs a free agent
5
contract with a professional sports entity, in which
6
case the cadet will incur a five-year service obliga-
7
tion upon employment as a professional or Olympic
8
athlete and will, if no longer employed as a profes-
9
sional or Olympic athlete, return as a regular officer
10
in the active component for a five-year service obli-
11
gation. If the cadet is ineligible to return to active
12
service, the cadet shall repay the government for the
13
cost of his or her education.’’.
14
Subtitle F—Military Family Readi-
15
ness and Dependents’ Education
16
PART I—DEPENDENTS’ EDUCATION
17
SEC. 551. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL
18
AGENCIES THAT BENEFIT DEPENDENTS OF
19
MILITARY AND CIVILIAN PERSONNEL.
20
(a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL
21
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS
22
OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
23
OF DEFENSE CIVILIAN EMPLOYEES.—
24
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(1) ASSISTANCE
TO
SCHOOLS
WITH
SIGNIFI-
1
CANT
NUMBERS
OF
MILITARY
DEPENDENT
STU-
2
DENTS.—Of the amount authorized to be appro-
3
priated for fiscal year 2026 by section 301 and
4
available for operation and maintenance for Defense-
5
wide activities as specified in the funding table in
6
section 4301, $50,000,000 shall be available only for
7
the purpose of providing assistance to local edu-
8
cational agencies under subsection (a) of section 572
9
of the National Defense Authorization Act for Fiscal
10
Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
11
(2) LOCAL EDUCATIONAL AGENCY DEFINED.—
12
In this subsection, the term ‘‘local educational agen-
13
cy’’ has the meaning given that term in section
14
7013(9) of the Elementary and Secondary Edu-
15
cation Act of 1965 (20 U.S.C. 7713(9)).
16
(b) IMPACT AID FOR CHILDREN WITH SEVERE DIS-
17
ABILITIES.—
18
(1) IN GENERAL.—Of the amount authorized to
19
be appropriated for fiscal year 2026 pursuant to sec-
20
tion 301 and available for operation and mainte-
21
nance for Defense-wide activities as specified in the
22
funding table in section 4301, $10,000,000 shall be
23
available for payments under section 363 of the
24
Floyd D. Spence National Defense Authorization
25
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Act for Fiscal Year 2001 (as enacted into law by
1
Public Law 106–398; 114 Stat. 1654A–77; 20
2
U.S.C. 7703a).
3
(2) ADDITIONAL AMOUNT.—Of the amount au-
4
thorized to be appropriated for fiscal year 2026 pur-
5
suant to section 301 and available for operation and
6
maintenance for Defense-wide activities as specified
7
in the funding table in section 4301, $20,000,000
8
shall be available for use by the Secretary of Defense
9
to make payments to local educational agencies de-
10
termined by the Secretary to have higher concentra-
11
tions of military children with severe disabilities.
12
(3) REPORT.—Not later than September 30,
13
2026, the Secretary shall brief the Committees on
14
Armed Services of the Senate and the House of Rep-
15
resentatives on the Department’s evaluation of each
16
local educational agency with higher concentrations
17
of military children with severe disabilities and sub-
18
sequent determination of the amounts of impact aid
19
each such agency shall receive.
20
SEC. 552. MANAGEMENT OF SPECIAL EDUCATION IN
21
SCHOOLS OPERATED BY DEPARTMENT OF
22
DEFENSE EDUCATION ACTIVITY.
23
(a) IMPROVEMENTS TO STAFFING.—The Secretary of
24
Defense, acting through the Director of the Department
25
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of Defense Education Activity, shall implement the fol-
1
lowing measures to improve staffing of special education
2
teachers and staff at schools operated by the Activity:
3
(1) Require the inclusion, in the staffing model
4
for a school, of service minutes required by the indi-
5
vidualized education programs of students attending
6
the school to more effectively determine appropriate
7
staffing for the school.
8
(2) Collect the following data on underutilized
9
special education staff members:
10
(A) When such staff members are re-
11
quested to transfer to a school with greater
12
needs for such staff members.
13
(B) How many requests for such transfers
14
the Activity receives.
15
(C) Whether such requests are approved or
16
denied, and at what locations.
17
(D) Once such a request is received, the
18
likelihood that the transfer occurs.
19
(3) Collect data on the turnover of special edu-
20
cation teachers and staff, including reasons for de-
21
parture.
22
(4) Review access to and requirements for crisis
23
training, publicize Activity-wide policies with respect
24
to such training for consistency, and expand such
25
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training to relevant special education teachers and
1
staff, such as paraeducators, who are not required,
2
as of the date of the enactment of this Act, to re-
3
ceive such training.
4
(5) Require district and regional administrators
5
to track training requirements for special education
6
teachers and staff to ensure that such teachers and
7
staff are meeting such requirements.
8
(b) CLARIFICATION OF GUIDANCE.—The Secretary,
9
acting through the Director, shall implement the following
10
measures to improve and clarify guidance relating to spe-
11
cial education provided by schools operated by the Depart-
12
ment of Defense Education Activity:
13
(1) Review the list of types of disabilities recog-
14
nized by the Activity as of the date of the enactment
15
of this Act and determine if that list meets the most
16
recent best practices for special education.
17
(2) Standardize and implement instructions for
18
providing special education materials to students
19
across schools operated by the Activity.
20
(3) Develop and implement a plan for standard-
21
izing special education training across the Activity.
22
(4) Standardize reading intervention guidance
23
and requirements across schools operated by the Ac-
24
tivity, including by requiring each school and district
25
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operated by the Activity to have the same resources
1
and instructions, and provide clear guidance on how
2
to access additional support materials if required.
3
(c) BRIEFINGS REQUIRED.—
4
(1) INITIAL BRIEFING.—Not later than April 1,
5
2026, the Director shall brief the Committees on
6
Armed Services of the Senate and the House of Rep-
7
resentatives on the following:
8
(A) Coordination by the Department of
9
Defense Education Activity with the Edu-
10
cational and Developmental Intervention Serv-
11
ices programs of the military departments to
12
determine what medical services the military de-
13
partments are required to provide based on the
14
needs of students attending schools operated by
15
the Activity.
16
(B) A description of the process in effect
17
as of the date of the briefing, if any, to resolve
18
a dispute with respect to required services
19
under a student’s individualized education pro-
20
gram.
21
(C) A description of issues pending, and
22
resolutions of previous issues, under that proc-
23
ess.
24
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(D) An assessment of how support instruc-
1
tional specialists can better assist teachers with
2
developing curriculum for special education stu-
3
dents.
4
(E) A description of how the Activity pro-
5
vides services in the case of civilian or military
6
dependents with severe medical or special edu-
7
cation requirements that a school cannot meet,
8
including any data on how many such cases
9
arise an annual basis and in what locations.
10
(F) A description of the process in effect
11
as of the date of the briefing for reassigning a
12
family from a school located outside the United
13
States if the education needs of a child in the
14
family cannot be met at that school and data,
15
for the 5 school years preceding the briefing, on
16
where such reassignments have been done and
17
the frequency of such reassignments.
18
(G) An assessment of the pay scale for
19
special education teachers and staff in effect as
20
of the date of the briefing, an identification of
21
the last time the pay scale was updated, a de-
22
scription of how the pay scale is determined,
23
and a statement of how often the pay scale is
24
updated.
25
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(H) Data on school and district-level re-
1
quests for additional reading intervention cur-
2
riculum, including the locations of such re-
3
quests and whether such requests were ap-
4
proved or denied.
5
(2) SEMI-ANNUAL
BRIEFINGS.—The Director
6
shall brief the Committees on Armed Services of the
7
Senate and the House of Representatives on the
8
progress made in implementing the measures de-
9
scribed in subsection (a)—
10
(A) not later than 180 days after the date
11
of the enactment of this Act; and
12
(B) every 180 days thereafter until the Di-
13
rector certifies that each such measure has been
14
implemented.
15
SEC. 553. ENROLLMENT OF CHILDREN OF CERTAIN AMER-
16
ICAN RED CROSS EMPLOYEES IN DEFENSE
17
DEPENDENTS’ EDUCATION SYSTEM.
18
Section 1404(d)(1) of the Defense Dependents’ Edu-
19
cation Act of 1978 (20 U.S.C. 923(d)(1)) is amended by
20
adding at the end the following new subparagraph:
21
‘‘(D) Children of employees of the American
22
Red Cross who—
23
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‘‘(i) are performing, on a full-time basis,
1
services for the Armed Forces, including emer-
2
gency services; and
3
‘‘(ii) reside in an overseas area supported
4
by a school of the defense dependents’ edu-
5
cation system.’’.
6
SEC. 554. REGULATIONS ON THE USE OF PORTABLE ELEC-
7
TRONIC MOBILE DEVICES IN DEPARTMENT
8
OF DEFENSE EDUCATION ACTIVITY SCHOOLS.
9
(a) REGULATIONS REQUIRED.—Not later than 180
10
days after the date of the enactment of this Act, the Sec-
11
retary of Defense, acting through the Director of the De-
12
partment of Defense Education Activity, shall update ex-
13
isting regulations on student use of portable electronic mo-
14
bile devices in Department of Defense Education Activity
15
(DODEA) schools to prohibit disruption in the learning
16
environment by minimizing the use of such mobile devices
17
to the greatest extent practicable and to standardize such
18
regulations across all DODEA schools.
19
(b) BRIEFING REQUIRED.—Not later than 60 days
20
after completion of the updated regulations required under
21
subsection (a), the Secretary of Defense shall brief the
22
Committees on Armed Services of the Senate and the
23
House of Representatives on the updated regulations, in-
24
cluding—
25
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(1) relevant evidence taken into consideration
1
on the use of portable electronic mobile devices in
2
and around the classroom on learning outcomes and
3
social dynamics;
4
(2) a description of how the regulations have
5
standardized policies across all DODEA schools;
6
(3) an assessment of the influence, if any, of
7
public-school policies on mobile devices at school or
8
in the classroom; and
9
(4) any other matters the Secretary determines
10
relevant.
11
SEC. 555. ADMINISTRATION OF COLLEGE ADMISSIONS
12
TESTS BY THE DEPARTMENT OF DEFENSE
13
EDUCATION ACTIVITY.
14
The Director of the Department of Defense Edu-
15
cation Activity shall require schools operated by the Activ-
16
ity—
17
(1) to offer to administer and, if such an offer
18
is accepted, administer at least one college admis-
19
sions test to each student in the eleventh grade; and
20
(2) to provide the parents of each such student
21
with the option for the student to take a college ad-
22
missions test of the parents’ choice, including any
23
test that the Secretary determines to be appropriate.
24
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SEC. 556. SUPPORT FOR EXPANDING EARLY CHILD CARE
1
OPTIONS FOR MEMBERS OF THE ARMED
2
FORCES AND THEIR FAMILIES.
3
(a) IN GENERAL.—The Secretary of Defense may—
4
(1) direct the Secretaries of the military depart-
5
ments—
6
(A) to identify gaps between existing early
7
child care needs and available eligible child care
8
providers;
9
(B) to use resources of the Department of
10
Defense to support eligible child care providers
11
in recruitment and retention of employees, in-
12
cluding through professional development and
13
financial incentives for such employees; and
14
(C) to seek to enter into an interagency
15
partnership with a Federal agency with the
16
ability to place national service participants and
17
volunteers trained in education services, includ-
18
ing senior volunteer programs, at military child
19
development centers in accordance with applica-
20
ble national service laws and with all the bene-
21
fits accorded to such participants and volun-
22
teers; and
23
(2) provide training and resource subsidies to
24
eligible child care providers and networks of such
25
providers.
26
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(b) DEFINITIONS.—In this section:
1
(1) ELIGIBLE
CHILD
CARE
PROVIDER.—The
2
term ‘‘eligible child care provider’’ has the meaning
3
given that term in section 658P of the Child Care
4
and Development Block Grant Act of 1990 (42
5
U.S.C. 9858n).
6
(2) MILITARY CHILD DEVELOPMENT CENTER.—
7
The term ‘‘military child development center’’ has
8
the meaning given that term in section 1800 of title
9
10, United States Code.
10
SEC. 557. IMPROVED COUNSELING AND ACCESS TO INFOR-
11
MATION RELATING TO FOSTER CARE FOR
12
MILITARY FAMILIES.
13
(a) TRAINING FOR COUNSELORS.—
14
(1) IN
GENERAL.—The Secretary of Defense
15
shall require all counselors assigned to a Family Ad-
16
vocacy Program or Military and Family Life pro-
17
gram at a military installation in the United States
18
to be trained in the requirements and resources re-
19
lating to foster care of the State in which the instal-
20
lation is located.
21
(2) FOSTER CARE LIAISONS.—A counselor who
22
has received training under paragraph (1) shall be
23
known as a ‘‘foster care liaison’’.
24
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(b) INCLUSION OF FOSTER CARE INFORMATION ON
1
MILITARY ONESOURCE.—The Secretary shall require
2
Military OneSource to include a mechanism for military
3
families to obtain information on foster care, including the
4
requirements and resources relating to foster care of each
5
State.
6
(c) CONSULTATION
WITH
ADMINISTRATION
FOR
7
CHILDREN
AND FAMILIES.—The Secretary shall seek
8
guidance from the Administration for Children and Fami-
9
lies of the Department of Health and Human Services
10
with respect to obtaining resources relating to foster care
11
for military families, including curricula for training under
12
paragraph (1).
13
SEC. 558. PILOT PROGRAM ON RECRUITMENT AND RETEN-
14
TION OF EMPLOYEES FOR CHILD DEVELOP-
15
MENT PROGRAMS.
16
(a) IN GENERAL.—The Secretary of Defense may de-
17
velop and implement a pilot program to assess the effec-
18
tiveness of increasing compensation or other benefits for
19
employees of child development programs on military in-
20
stallations in improving the ability of such programs to
21
recruit and retain such employees.
22
(b) COMPENSATION.—If the Secretary implements
23
the pilot program authorized by subsection (a), the Sec-
24
retary shall provide for the payment of compensation to
25
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employees of child development programs under the pilot
1
program at a fair and competitive wage that maintains
2
sustainable and high-quality child care conditions.
3
(c) SELECTION OF LOCATIONS.—
4
(1) IN GENERAL.—If the Secretary implements
5
the pilot program authorized by subsection (a), the
6
Secretary shall select not fewer than three military
7
installations for purposes of carrying out the pilot
8
program.
9
(2) CONSIDERATIONS.—In selecting military in-
10
stallations under paragraph (1), the Secretary shall
11
consider military installations with child development
12
programs—
13
(A) with a shortage of qualified employees;
14
or
15
(B) subject to other conditions identified
16
by the Secretary that affect the ability of the
17
programs to operate at full capacity.
18
(d) REGULATIONS.—The Secretary may prescribe
19
such regulations as are necessary to carry out this section.
20
(e) DURATION
OF PILOT PROGRAM.—If the Sec-
21
retary implements the pilot program authorized by sub-
22
section (a), the pilot program shall—
23
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(1) commence on the date on which the Sec-
1
retary prescribes regulations under subsection (d);
2
and
3
(2) terminate on the date that is 3 years after
4
the date described in paragraph (1).
5
(f) BRIEFINGS REQUIRED.—
6
(1) INITIAL BRIEFING.—If the Secretary imple-
7
ments the pilot program authorized by subsection
8
(a), the Secretary shall, when the pilot program
9
commences in accordance with subsection (e)(1),
10
brief the Committees on Armed Services of the Sen-
11
ate and the House of Representatives on—
12
(A) the military installations selected
13
under subsection (c) for purposes of carrying
14
out the pilot program;
15
(B) the data that informed those selec-
16
tions; and
17
(C) the compensation or other benefits to
18
be offered under the pilot program.
19
(2) FINAL BRIEFING.—If the Secretary imple-
20
ments the pilot program authorized by subsection
21
(a), the Secretary shall, not later than 180 days be-
22
fore the pilot program terminates in accordance with
23
subsection (e)(2), brief the Committees on Armed
24
Services of the Senate and the House of Representa-
25
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tives on the outcomes and findings of the pilot pro-
1
gram, including—
2
(A) data collected and analyses conducted
3
under the pilot program with respect to the re-
4
lationship between increased compensation for
5
employees of child development programs and
6
improved recruitment or retention of those em-
7
ployees; and
8
(B) any recommendations with respect to
9
increases in compensation or other benefits for
10
employees of child development programs across
11
the Department of Defense as a result of the
12
pilot program.
13
(g) CHILD DEVELOPMENT PROGRAM DEFINED.—In
14
this section, the term ‘‘child development program’’ means
15
a program to provide child care services for children, be-
16
tween birth through 12 years of age, of members of the
17
Armed Forces and civilian employees of the Department
18
of Defense.
19
SEC. 559. REPORT ON UNMET NEED FOR CHILD CARE IN
20
AREAS WITH SIGNIFICANT POPULATIONS OF
21
MEMBERS OF THE ARMED FORCES.
22
(a) IN GENERAL.—Not later than September 30,
23
2027, the Secretary of Defense shall submit to the appro-
24
priate committees of Congress a report on the unmet need
25
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for child care in areas with populations of members of the
1
Armed Forces that includes—
2
(1) an assessment of—
3
(A) the unmet need for each military in-
4
stallation, specifically those families who have
5
no childcare at all;
6
(B) the military families on the waitlist for
7
a child development center on an installation
8
who may be using a family childcare home or
9
fee assistance until they can get off of the
10
waitlist; and
11
(C) areas where there may be significant
12
challenges providing care to dependents under
13
the age of 5;
14
(2) a review of the efforts of the Department of
15
Defense to recruit and retain eligible child care pro-
16
viders; and
17
(3) a plan for meeting the unmet need for child
18
care.
19
(b) APPROPRIATE COMMITTEES OF CONGRESS DE-
20
FINED.—In this section, the term ‘‘appropriate commit-
21
tees of Congress’’ means—
22
(1) the Committee on Armed Services of the
23
Senate; and
24
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(2) the Committee on Armed Services of the
1
House of Representatives.
2
PART II—OTHER MATTERS
3
SEC. 561. LEGAL ASSISTANCE FOR GUARDIANSHIP TRANS-
4
FERS.
5
(a) IN GENERAL.—The Secretary of each military de-
6
partment shall provide to members of the Armed Forces
7
serving on active duty access to legal services provided by
8
an attorney specializing in guardianship transfers in each
9
State in which a military installation is located.
10
(b) BRIEFING REQUIRED.—Not later than Sep-
11
tember 1, 2026, the Secretary of each military department
12
shall brief the Committees on Armed Services of the Sen-
13
ate and the House of Representatives on the following:
14
(1) A plan for implementing the requirement to
15
provide access to legal services described in sub-
16
section (a).
17
(2) Any challenges associated with implementa-
18
tion of that requirement.
19
(3) Data on the number of members of the
20
Armed Forces with guardianship of incapacitated
21
adult dependents or a plan to gather such data.
22
(4) Any other matters the Secretary considers
23
relevant.
24
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Subtitle G—Junior Reserve
1
Officers’ Training Corps
2
SEC. 571. JUNIOR RESERVE OFFICERS’ TRAINING CORPS
3
INSTRUCTOR QUALIFICATIONS.
4
The Secretary concerned may not issue a policy under
5
section 2031(d)(1)(B) of title 10, United States Code,
6
that requires a former officer or noncommissioned officer
7
to have more than 8 years of service to serve as a Junior
8
Reserve Officers’ Training Corps instructor.
9
SEC. 572. TEMPORARY AUTHORITY TO PROVIDE BONUSES
10
TO JUNIOR RESERVE OFFICERS’ TRAINING
11
CORPS INSTRUCTORS.
12
(a) IN GENERAL.—The Secretary concerned may pay
13
to a member or former member of the Armed Forces
14
under the jurisdiction of the Secretary a one-time bonus
15
of not more than $10,000 if the member or former mem-
16
ber—
17
(1) agrees to be an instructor for the Junior
18
Reserve Officers’ Training Corps under section
19
2031(d) of title 10, United States Code; and
20
(2) serves as such an instructor for not less
21
than one academic year.
22
(b) BRIEFING REQUIRED.—Not later than one year
23
after the date of the enactment of this Act, and annually
24
thereafter until the termination date described in sub-
25
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section (c), the Secretary of Defense shall brief the con-
1
gressional defense committees on—
2
(1) the use of the authority provided by sub-
3
section (a); and
4
(2) the effectiveness of bonuses provided under
5
subsection (a) on increasing the number of instruc-
6
tors for the Junior Reserve Officers’ Training Corps.
7
(c) TERMINATION.—The authority provided by sub-
8
section (a) terminates on the date that is five years after
9
the date of the enactment of this Act.
10
(d) SECRETARY CONCERNED DEFINED.—In this sec-
11
tion, the term ‘‘Secretary concerned’’ has the meaning
12
given that term in section 101 of title 10, United States
13
Code.
14
SEC. 573. NUMBER OF JUNIOR RESERVE OFFICERS’ TRAIN-
15
ING CORPS UNITS.
16
Section 545(a) of the Servicemember Quality of Life
17
Improvement and National Defense Authorization Act for
18
Fiscal Year 2025 (Public Law 118–159) is amended to
19
read as follows:
20
‘‘(a) IN GENERAL.—Section 2031 of title 10, United
21
States Code, is amended, in the first subsection designated
22
subsection (i), by striking ‘support not fewer than 3,400,
23
and not more than 4,000, units’ and inserting ‘support
24
not fewer than 3,600, and not more than 4,200, units’.’’.
25
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Subtitle H—Decorations and Other
1
Awards, Miscellaneous Reports,
2
and Other Matters
3
SEC. 581. HONORARY PROMOTIONS ON THE INITIATIVE OF
4
THE DEPARTMENT OF DEFENSE.
5
Section 1563a of title 10, United States Code, is
6
amended—
7
(1) in subsection (a)—
8
(A) in paragraph (1)—
9
(i) by striking ‘‘the Secretary may
10
make an honorary promotion (whether or
11
not posthumous) of a former’’ and insert-
12
ing ‘‘the Secretary of a military depart-
13
ment is authorized to make an honorary
14
promotion, including a posthumous hon-
15
orary promotion, for a former’’; and
16
(ii) by striking ‘‘if the Secretary de-
17
termines that the promotion is merited’’;
18
and
19
(B) by striking paragraph (2) and insert-
20
ing the following:
21
‘‘(2) The honorary grade given to a member described
22
in paragraph (1) shall be commensurate with such mem-
23
ber’s contributions to the armed forces or the national de-
24
fense.
25
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‘‘(3) The authority shall not be used to award an hon-
1
orary promotion solely on the basis that an individual de-
2
scribed in paragraph (1) was recommended for such pro-
3
motion prior to separating from service.
4
‘‘(4) The Secretaries of the military departments are
5
only authorized to make an honorary promotion under
6
paragraph (1) upon receipt of a favorable recommendation
7
by a board of at least three independent officers convened
8
specifically for the purpose of reviewing the proposed hon-
9
orary promotion.’’;
10
(2) in subsection (b), by striking ‘‘The Sec-
11
retary’’ and inserting ‘‘The Secretaries of the mili-
12
tary departments’’; and
13
(3) in subsection (c), by striking ‘‘Secretary’’
14
and inserting ‘‘Secretaries of the military depart-
15
ments’’.
16
SEC. 582. NATIONAL WEEK OF MILITARY RECRUITMENT.
17
(a) DESIGNATION.—Chapter 1 of title 36, United
18
States Code, is amended by adding at the end the fol-
19
lowing new section:
20
‘‘§ 149. National Week of Military Recruitment
21
‘‘(a) DESIGNATION.—The last full week of September
22
is the National Week of Military Recruitment.
23
‘‘(b) PROCLAMATION.—The President is requested to
24
issue each year a proclamation calling on the people of
25
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the United States to observe the National Week of Mili-
1
tary Recruitment with appropriate ceremonies and activi-
2
ties.’’.
3
(b) CLERICAL AMENDMENT.—The table of sections
4
for chapter 1 of title 36, United States Code, is amended
5
by inserting after the item relating to section 148 the fol-
6
lowing new item:
7
‘‘149. National Week of Military Recruitment.’’.
SEC. 583. CLARIFYING THE CALCULATION OF ENLIST-
8
MENTS FOR PERSONS WHOSE SCORE ON THE
9
ARMED FORCES QUALIFICATION TEST IS
10
BELOW A PRESCRIBED LEVEL FOR THE FU-
11
TURE
SERVICEMEMBER
PREPARATORY
12
COURSE.
13
Section 546 of the National Defense Authorization
14
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
15
520 note) is amended—
16
(1) in subsection (c), by adding at the end the
17
following new paragraph:
18
‘‘(4) EFFECT OF COURSE GRADUATION.—The
19
Secretary concerned may exclude from the popu-
20
lation to be considered for purposes of determining
21
the percentage limitations imposed by section 520(a)
22
of title 10, United States Code, any enlisted person
23
who has graduated from a future servicemember
24
preparatory course established pursuant to this sec-
25
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tion with a score on the Armed Forces Qualification
1
Test that is at or above the thirty-first percentile,
2
provided that—
3
‘‘(A) the Armed Forces Qualifications Test
4
score that is at or above the thirty-first per-
5
centile is obtained within the same fiscal year
6
in which the individual was originally enlisted
7
to serve on active duty; and
8
‘‘(B) such score is obtained during the pe-
9
riod the individual was originally enlisted to
10
serve on active duty, as determined by the Sec-
11
retary concerned.’’; and
12
(2) in subsection (d)—
13
(A)
by
redesignating
paragraphs
(1)
14
through (6) as paragraphs (3) through (8), re-
15
spectively;
16
(B) by inserting before paragraph (3), as
17
redesignated by subparagraph (A), the following
18
new paragraphs:
19
‘‘(1) Percentage of nonprior service enlisted ac-
20
cessions scoring below the thirty-first percentile on
21
the Armed Forces Qualification Test upon original
22
enlistment.
23
‘‘(2) Percentage of nonprior service enlisted ac-
24
cessions scoring below the thirty-first percentile on
25
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the Armed Forces Qualification Test following grad-
1
uation from the preparatory course or subsequent
2
reclassification, as applicable.’’; and
3
(C) in paragraph (5), as so redesignated,
4
by striking ‘‘prepatory’’ and inserting ‘‘pre-
5
paratory’’.
6
SEC. 584. RECRUITER ACCESS TO SECONDARY SCHOOLS.
7
Section 503(c)(1)(A) of chapter 31 of title 10, United
8
States Code, is amended—
9
(1) by amending clause (i) to read as follows:
10
‘‘(i) shall provide military recruiters the same
11
access to the campus of each secondary school
12
served by the local educational agency for the pur-
13
pose of recruiting students who are at least 17 years
14
of age that is provided to any prospective employer,
15
institution of higher education, or other recruiter;’’;
16
(2) in clause (ii), by striking ‘‘provide to mili-
17
tary recruiters access to’’ and inserting ‘‘facilitate
18
upon request made by military recruiters for military
19
recruiting purposes not fewer than four in-person re-
20
cruitment events per academic year, across different
21
grading periods, which may include’’; and
22
(3) by amending clause (iii) to read as follows:
23
‘‘(iii) shall provide to military recruiters within
24
60 days of the commencement of the academic year,
25
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and thereafter within 30 days of a recruiter request,
1
access to secondary school student names, academic
2
grade, addresses, electronic mail addresses (which
3
shall be the electronic mail addresses provided by
4
the school, if available), and telephone and mobile
5
phone listings, notwithstanding subsection (a)(5) of
6
section 444 of the General Education Provisions Act
7
(20 U.S.C. 1232g).’’.
8
SEC. 585. COMPLIANCE WITH TRAVEL CHARGE CARD DEAC-
9
TIVATION REQUIREMENTS.
10
(a) POLICY COMPLIANCE.—Not later than 60 days
11
after the date of the enactment of this Act, the Secretary
12
of Defense shall ensure that Department of Defense poli-
13
cies and procedures are consistent with section 3(h)(1)(H)
14
of the Government Charge Card Abuse Prevention Act of
15
2012 (Public Law 112–194; 5 U.S.C. 5701 note) and re-
16
lated implementing guidance, regarding the prompt deac-
17
tivation and closure of government-issued travel charge
18
card accounts upon the separation, retirement, or termi-
19
nation of military or civilian personnel.
20
(b) COMPTROLLER REVIEW.—Not later than 180
21
days after the date of the enactment of this Act, the Under
22
Secretary of Defense (Comptroller) shall submit to the
23
Committees on Armed Services of the Senate and the
24
House of Representatives a report describing—
25
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(1) actions taken to verify consistent implemen-
1
tation of deactivation and closure policies for govern-
2
ment-issued travel charge cards across the military
3
departments and defense agencies;
4
(2) any gaps or inconsistencies identified in the
5
execution of current policy; and
6
(3) recommendations, if any, to improve compli-
7
ance, oversight, or prevention of unauthorized card
8
use following personnel separation.
9
TITLE VI—COMPENSATION AND
10
OTHER PERSONNEL BENEFITS
11
Subtitle A—Pay and Allowances
12
SEC. 601. MODIFICATIONS TO CALCULATION OF BASIC AL-
13
LOWANCE FOR SUBSISTENCE FOR ENLISTED
14
MEMBERS.
15
Section 402 of title 37, United States Code, is
16
amended—
17
(1) in subsection (b)—
18
(A) by striking paragraph (1) and insert-
19
ing the following new paragraph (1):
20
‘‘(1)(A) The monthly rate of basic allowance for sub-
21
sistence to be in effect for an enlisted member for a year
22
(beginning on January 1 of that year) shall be—
23
‘‘(i) except as provided by clause (ii), equal to
24
the monthly cost of a liberal food plan for a male
25
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in the United States who is between 19 and 50 years
1
of age, as determined by the Secretary of Agri-
2
culture each October 1; and
3
‘‘(ii) in the case of such a member who is sub-
4
ject to monthly deduction from pay for meals under
5
section 1011(b) of this title, the amount computed
6
under clause (i) reduced by the amount of such de-
7
duction from pay, in accordance with policies pre-
8
scribed by the Secretary of Defense.
9
‘‘(B) The monthly rate of basic allowance for subsist-
10
ence to be in effect for an enlisted member for a year
11
under subparagraph (A)(i) may not decrease relative to
12
the rate in effect for the preceding year.’’; and
13
(B) by striking paragraph (3); and
14
(2) in subsection (d), in the matter preceding
15
paragraph (1), by striking ‘‘subsection (b)(1)’’ and
16
inserting ‘‘subsection (b)(1)(A)(i)’’.
17
SEC. 602. INCLUSION OF DESCRIPTIONS OF TYPES OF PAY
18
ON PAY STATEMENTS.
19
(a) IN GENERAL.—Chapter 19 of title 37, United
20
States Code, is amended by adding at the end the fol-
21
lowing new section:
22
‘‘§ 1016. Pay statements: descriptions of types of pay
23
‘‘(a) IN GENERAL.—The Secretary of Defense shall
24
ensure that each pay statement issued to a member of the
25
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Armed Forces includes, for each type of pay, allowance,
1
and deduction listed on the statement, a brief and plain-
2
language description of—
3
‘‘(1) the statutory or regulatory authority under
4
which the pay, allowance, or deduction is made;
5
‘‘(2) the purpose of the pay, allowance, or de-
6
duction;
7
‘‘(3) the criteria for determining eligibility of
8
the member for the pay, allowance, or deduction;
9
and
10
‘‘(4) possible changes in the eligibility of the
11
member for the pay, allowance, or deduction, includ-
12
ing the circumstances under which the pay, allow-
13
ance, or deduction may be suspended, expire, or
14
modified.
15
‘‘(b) REQUIREMENTS.—The descriptions required to
16
be included on a pay statement under paragraph (1) shall
17
be—
18
‘‘(1) accessible directly on the pay statement;
19
and
20
‘‘(2) presented in language easily understood by
21
individuals without specialized knowledge of military
22
finance, accounting, or law.’’.
23
(b) APPLICABILITY.—The requirements of section
24
1016 of title 37, United States Code, as added by sub-
25
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section (a), shall apply with respect to pay statements
1
issued on or after the date that is 180 days after the date
2
of the enactment of this Act.
3
SEC. 603. INCREASED AWARENESS AND IMPROVED CAL-
4
CULATION OF RATES FOR BASIC ALLOWANCE
5
FOR HOUSING.
6
(a) INCREASING AWARENESS.—The Secretary of De-
7
fense shall seek to improve transparency of the calculation
8
of the basic allowance for housing under section 403 of
9
title 37, United States Code, by—
10
(1) developing a clear, accessible document that
11
explains how rates of the basic allowance for housing
12
are determined, including methodology and types of
13
data sources used, which shall be—
14
(A) reviewed and updated not less fre-
15
quently than annually and as rates and calcula-
16
tion methods change; and
17
(B) made available on a publicly accessible
18
internet website and distributed across all rel-
19
evant components of the Department of De-
20
fense; and
21
(2) providing to members of the Armed Forces
22
when such members experience a permanent change
23
of station, permanent change of assignment, change
24
in dependency status, change in grade, or any other
25
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event that may impact their eligibility for or rate of
1
basic allowance for housing—
2
(A) the information included in the docu-
3
ment developed under paragraph (1); and
4
(B) an explanation of the type of rental
5
housing the rate of basic allowance for housing
6
received by such members is intended to sup-
7
port in each locality.
8
(b) DEVELOPMENT
OF
ALTERNATIVE
METHOD-
9
OLOGY.—Consistent with the recommendations of the
10
14th Quadrennial Review of Military Compensation issued
11
under section 1008(b) of title 37, United States Code, the
12
Secretary shall—
13
(1) develop a methodology to compute rates of
14
the basic allowance for housing using an approach
15
based on the number of bedrooms in a housing unit
16
and incorporating available and verified occupied
17
rental market data;
18
(2) conduct a pilot program using the method-
19
ology developed under paragraph (1); and
20
(3) using that methodology, set notional rates
21
for the basic allowance for housing for 2026 and
22
2027 for a minimum of 10 military housing areas.
23
(c) BRIEFING REQUIRED.—Not later than February
24
1, 2027, the Secretary shall provide a briefing to the Com-
25
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mittees on Armed Services of the Senate and the House
1
of Representatives that includes—
2
(1) a comparison of the notional rates set under
3
subsection (b)(3) with the actual rates for basic al-
4
lowance for housing for 2026 and 2027;
5
(2) a comparison of the advantages and dis-
6
advantages of—
7
(A) the methodology used as of the date of
8
the enactment of this Act for setting rates for
9
the basic allowance for housing; and
10
(B) using the methodology developed under
11
subsection (b)(1) for setting such rates;
12
(3) a determination of whether the methodology
13
developed under subsection (b)(1) is more or less
14
likely than the methodology described in paragraph
15
(2)(A) to ensure that rates for the basic allowance
16
for housing are set based upon a 95 percent statis-
17
tical confidence that the estimated median rent is
18
within 10 percent of the actual median rent in local
19
military housing areas;
20
(4) a cost estimate for 2027 under both the
21
methodology described in paragraph (2)(A) and the
22
methodology developed under subsection (b)(1);
23
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(5) an identification of any additional legislative
1
authority required to fully implement the method-
2
ology developed under subsection (b)(1); and
3
(6) the recommendation of the Secretary with
4
respect to whether to implement the use of the
5
methodology developed under subsection (b)(1) and
6
the timing for such implementation.
7
SEC. 604. MILITARY COMPENSATION EDUCATIONAL CAM-
8
PAIGN.
9
(a) IN GENERAL.—Consistent with the recommenda-
10
tions of the 14th Quadrennial Review of Military Com-
11
pensation issued under section 1008(b) of title 37, United
12
States Code, and not later than 180 days after the date
13
of the enactment of this Act, the Secretary of Defense
14
shall commence a 12-month educational campaign to im-
15
prove the understanding and awareness of members of the
16
Armed Forces and their families with respect to the major
17
components of monetary and nonmonetary military com-
18
pensation.
19
(b) ELEMENTS.—At a minimum, the campaign re-
20
quired by subsection (a) shall address—
21
(1) the elements of regular military compensa-
22
tion (RMC), as defined in section 101(25) of title
23
37, United States Code;
24
(2) special and incentive pays;
25
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(3) the calculation of retired pay for length of
1
service;
2
(4) educational assistance programs and bene-
3
fits;
4
(5) health care for members of the Armed
5
Forces serving in active components and their fami-
6
lies; and
7
(6) nonmonetary benefits.
8
Subtitle B—Special and Incentive
9
Pay
10
SEC. 611. REVIEWS OF DESIGNATIONS OF IMMINENT DAN-
11
GER PAY AREAS.
12
(a) INITIAL REVIEW.—Not later than March 1, 2026,
13
the Secretary of Defense, in coordination with the Secre-
14
taries of the military departments, shall—
15
(1) commence a review of each area designated
16
under section 351(a)(3) of title 37, United States
17
Code, to determine whether the area is one in which
18
a member of the uniformed services is subject to im-
19
minent danger of physical injury due to threat con-
20
ditions; and
21
(2) submit to the Committees on Armed Serv-
22
ices of the Senate and the House of Representatives
23
a report on the review, including any changes to des-
24
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ignations under that section that result from the re-
1
view.
2
(b) SUBSEQUENT REVIEWS.—
3
(1) IN
GENERAL.—Not later than March 1,
4
2031, and every 5 years thereafter, the Secretary of
5
Defense, in coordination with the Secretaries of the
6
military departments, shall conduct a review de-
7
scribed in subsection (a)(1).
8
(2) REPORTS REQUIRED.—Not later than 60
9
days after completing a review under paragraph (1),
10
the Secretary of Defense shall submit to the Com-
11
mittees on Armed Services of the Senate and the
12
House of Representatives a report on the review, in-
13
cluding any changes to designations under that sec-
14
tion that result from the review.
15
(c) REPORTS ON DESIGNATION CHANGES BETWEEN
16
REPORTS.—If, at any time between the submission of re-
17
ports required by subsections (a)(2) and (b)(2), the Sec-
18
retary of Defense or the Secretary of a military depart-
19
ment conducts a review of areas designated under section
20
351(a)(3) of title 37, United States Code, and makes a
21
change to any such designation, that Secretary shall sub-
22
mit to the Committees on Armed Services of the Senate
23
and the House of Representatives a report on the review
24
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and the change not later than 60 days after the change
1
is made.
2
SEC. 612. IMPLEMENTATION OF AVIATION INCENTIVE PAY
3
FOR MEMBERS OF RESERVE COMPONENTS.
4
Section 602(d) of the National Defense Authorization
5
Act for Fiscal Year 2022 (Public Law 117–81; 37 U.S.C.
6
357 note) is amended—
7
(1) in paragraph (2)—
8
(A) by striking ‘‘In making’’ and inserting
9
the following:
10
‘‘(A) IN GENERAL.—In making’’; and
11
(B) by adding at the end the following new
12
subparagraphs:
13
‘‘(B) AVIATION INCENTIVE PAY EVALUA-
14
TION.—Not later than June 1, 2026, the Sec-
15
retary shall complete the evaluation required by
16
subparagraph (A) with respect to aviation in-
17
centive pay under section 334 of title 37,
18
United States Code. In conducting that evalua-
19
tion, the Secretary shall make a specific deter-
20
mination with respect to the percentage of such
21
aviation incentive pay, if any, that is paid spe-
22
cifically to maintain skill certification or pro-
23
ficiency under section 357 of title 37, United
24
States Code.
25
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‘‘(C) SPECIAL AND INCENTIVE PAY FRAME-
1
WORK.—Not later than June 1, 2026, the Sec-
2
retary shall submit to the Committees on
3
Armed Services of the Senate and the House of
4
Representatives a detailed report on the special
5
and incentive pay assessment framework, re-
6
quired by the Senate report accompanying the
7
National Defense Authorization Act for Fiscal
8
Year 2024 (Public Law 118–31), that includes
9
the Secretary’s plan and timeline for imple-
10
menting such framework.’’; and
11
(2) by adding at the end the following new
12
paragraph:
13
‘‘(3) INITIATION
OF
PAYMENTS.—Not later
14
than January 1, 2027, the Secretary concerned shall
15
begin making aviation incentive payments under sec-
16
tion 357 of title 37, United States Code, pursuant
17
to
the
determination
made
under
paragraph
18
(2)(B).’’.
19
SEC. 613. PILOT PROGRAM ON IMPROVING RETENTION OF
20
MEMBERS WITH DEGREES IN THEIR FIELDS
21
OF SPECIALTY.
22
(a) IN GENERAL.—The Secretary of Defense shall es-
23
tablish a pilot program to assess the feasibility and advis-
24
ability of paying incentive pay to certain enlisted members
25
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of the Armed Forces with degrees in their fields of spe-
1
cialty to improve the retention of such members.
2
(b) PAYMENT OF INCENTIVE PAY.—Under the pilot
3
program required by subsection (a), the Secretary con-
4
cerned may pay monthly incentive pay to a member of the
5
Armed Forces who—
6
(1) is an enlisted member;
7
(2) has less than 4 years of service in the
8
Armed Forces;
9
(3) has a degree in the member’s field of spe-
10
cialty, as determined by the Secretary concerned;
11
and
12
(4) commits to reenlisting.
13
(c) TERMINATION.—The pilot program required by
14
subsection (a) shall terminate on the date that is 5 years
15
after the date of the enactment of this Act.
16
(d) REPORT
REQUIRED.—After the termination
17
under subsection (c) of the pilot program required by sub-
18
section (a), the Secretary shall submit to the congressional
19
defense committees a report on the effectiveness of the
20
pilot program in retaining highly qualified members that
21
includes an assessment of—
22
(1) the effect of the pilot program on retention
23
rates;
24
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(2) satisfaction of members with the pilot pro-
1
gram; and
2
(3) the overall cost-effectiveness of the pilot
3
program.
4
(e) SECRETARY CONCERNED DEFINED.—In this sec-
5
tion, the term ‘‘Secretary concerned’’ has the meaning
6
given that term in section 101 of title 10, United States
7
Code.
8
Subtitle C—Other Matters
9
SEC. 621. EXTENSION OF ENHANCED AUTHORITY FOR SE-
10
LECTIVE EARLY RETIREMENT AND EARLY
11
DISCHARGES.
12
Section 638a(a)(2) of title 10, United States Code,
13
is amended by striking ‘‘December 31, 2025’’ and insert-
14
ing ‘‘December 31, 2030’’.
15
SEC. 622. EXTENSION OF TEMPORARY EARLY RETIREMENT
16
AUTHORITY.
17
Section 4403(i) of the National Defense Authoriza-
18
tion Act for Fiscal Year 1993 (Public Law 102–484; 10
19
U.S.C. 1293 note) is amended by striking ‘‘December 31,
20
2025’’ and inserting ‘‘December 31, 2030’’.
21
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SEC. 623. EXTENSION OF AUTHORITY TO PROVIDE VOL-
1
UNTARY SEPARATION PAY AND BENEFITS.
2
Section 1175a(k)(1) of title 10, United States Code,
3
is amended by striking ‘‘December 31, 2025’’ and insert-
4
ing ‘‘December 31, 2030’’.
5
SEC. 624. DESIGNATION OF UNITED STATES ARMY GARRI-
6
SON KWAJALEIN ATOLL AS REMOTE AND ISO-
7
LATED MILITARY INSTALLATION.
8
(a) DESIGNATION.—Not later than 30 days after the
9
date of the enactment of this Act, the Under Secretary
10
of Defense for Personnel and Readiness and the Secretary
11
of the Army, in coordination with the Commander of the
12
United States Army Pacific, shall designate United States
13
Army Garrison Kwajalein Atoll as a remote and isolated
14
military installation.
15
(b) NOTIFICATION.—Not later than 30 days after the
16
date on which the designation described in subsection (a)
17
is completed, the Secretary of the Army shall submit a
18
notification to the congressional defense committees con-
19
firming completion of the designation.
20
(c) BRIEFING REQUIRED.—Not later than 90 days
21
after the date on which the Secretary of the Army submits
22
the notification described in subsection (b), the Com-
23
mander of the United States Army Pacific shall brief the
24
congressional defense committees on adjustments to De-
25
partment of Defense resourcing for and support to United
26
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States Army Garrison Kwajalein Atoll as a result of the
1
designation described in subsection (a).
2
(d) DEFINITION.—In this section, the term ‘‘remote
3
and isolated military installation’’ means a military instal-
4
lation determined to be remote and isolated pursuant to
5
the criteria set forth in Department of Defense Instruc-
6
tions 1015.10 and 1015.18, dated July 6, 2009, and May
7
30, 2024, respectively.
8
SEC. 625. DESIGNATION OF CREECH AIR FORCE BASE AS A
9
REMOTE OR ISOLATED INSTALLATION.
10
The Secretary of Defense shall designate Creech Air
11
Force Base, Indian Springs, Nevada, as a remote or iso-
12
lated installation.
13
SEC. 626. PROVISION OF COUNSELING ON HOUSING FOR
14
MEMBERS OF THE ARMED FORCES.
15
Section 992 of title 10, United States Code, is
16
amended—
17
(1) in subsection (b)(2), by adding at the end
18
the following new subparagraph:
19
‘‘(C) The Secretary concerned may, subject to the ap-
20
plicable requirements of this section, enter into contracts
21
to provide counseling under this paragraph with individ-
22
uals and organizations that provide counseling with re-
23
spect to housing, including—
24
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‘‘(i) organizations that are certified under sec-
1
tion 106(e) of the Housing and Urban Development
2
Act of 1968 (12 U.S.C. 1701x(e)); and
3
‘‘(ii) other individuals and organizations the
4
Secretary concerned determines are qualified to pro-
5
vide helpful, unbiased counseling with respect to
6
housing.’’; and
7
(2) in subsection (f)(3), by striking ‘‘and mort-
8
gages’’ and inserting ‘‘mortgages, and other finan-
9
cial products related to the purchase or lease of a
10
primary residence (and information on fees related
11
to such products)’’.
12
SEC. 627. PROGRAM TO PROVIDE GOVERNMENT-FUNDED
13
TRANSPORTATION FOR CERTAIN MEMBERS
14
OF THE ARMED FORCES STATIONED OVER-
15
SEAS.
16
(a) IN GENERAL.—The Secretary of Defense shall es-
17
tablish a program to provide Government-funded trans-
18
portation for unaccompanied members of the Armed
19
Forces from designated overseas locations to the members’
20
homes of record, or to other locations of comparable or
21
lesser cost, in accordance with this section.
22
(b) ELIGIBILITY.—Transportation under this section
23
may be provided to a member of the Armed Forces who—
24
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(1) is assigned to an overseas duty location des-
1
ignated by the Secretary for purposes of this section;
2
(2) is serving an unaccompanied tour of at least
3
24 consecutive months at such location, including
4
any authorized extensions; and
5
(3) is otherwise eligible in accordance with im-
6
plementing regulations prescribed by the Secretary.
7
(c) TRANSPORTATION MODE.—Transportation under
8
this section may be provided using military air in accord-
9
ance with established space-available policies or through
10
commercial air travel, as determined appropriate by the
11
Secretary.
12
(d) LIMITATIONS.—The Secretary may prescribe lim-
13
itations on the number of authorized trips per overseas
14
tour, and may restrict travel during certain periods at the
15
beginning or end of such tours.
16
(e) IMPLEMENTATION.—The Secretary shall pre-
17
scribe regulations to implement this section, including the
18
designation of eligible overseas duty locations and speci-
19
fied destinations.
20
(f) ADDITIONAL LIMITATIONS.—Transportation pro-
21
vided under this section shall be subject to applicable re-
22
strictions, including compliance with the Department of
23
Defense Foreign Clearance Guide, and limitations on the
24
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use of Government travel cards for any leisure-related ex-
1
penses.
2
SEC. 628. PROHIBITION ON PROCUREMENT AND COM-
3
MISSARY SALES OF SEAFOOD ORIGINATING
4
OR PROCESSED IN THE PEOPLE’S REPUBLIC
5
OF CHINA.
6
(a) PROHIBITION ON PROCUREMENT OF SEAFOOD
7
ORIGINATING OR PROCESSED IN THE PEOPLE’S REPUB-
8
LIC OF CHINA FOR MILITARY DINING FACILITIES.—
9
(1) IN GENERAL.—Except as provided by para-
10
graph (2) or (3), the Secretary of Defense may not
11
enter into a contract for the procurement of seafood
12
that originates or is processed in the People’s Re-
13
public of China for use in military dining facilities,
14
including galleys onboard United States naval ves-
15
sels.
16
(2) EXCEPTIONS.—
17
(A) UNDUE
BURDEN.—The Secretary of
18
Defense, or a designee of the Secretary, may
19
grant exceptions to the prohibition under para-
20
graph (1) to facilities on military installations
21
located outside of the United States if such pro-
22
hibition would unduly burden or prevent sea-
23
food from being served at such facility.
24
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(B) UNITED
STATES
VESSELS
VISITING
1
FOREIGN PORTS.—The Secretary of Defense, or
2
a designee of the Secretary, may grant excep-
3
tions to the prohibition under paragraph (1) to
4
United States vessels visiting foreign ports.
5
(3) WAIVER.—The Secretary of Defense may
6
waive the prohibition under paragraph (1).
7
(b) PROHIBITION ON SALES OF SEAFOOD ORIGI-
8
NATING IN THE PEOPLE’S REPUBLIC OF CHINA AT COM-
9
MISSARY STORES.—
10
(1) IN
GENERAL.—Section 2484 of title 10,
11
United States Code, is amended by adding at the
12
end the following new subsection:
13
‘‘(l) PROHIBITION ON SALES OF SEAFOOD ORIGI-
14
NATING IN THE PEOPLE’S REPUBLIC OF CHINA.—
15
‘‘(1) IN
GENERAL.—Except as provided by
16
paragraph (2), raw or processed seafood or seafood
17
products originating in the People’s Republic of
18
China may not be sold at commissary stores.
19
‘‘(2) WAIVER.—The Secretary of Defense may
20
waive the prohibition under paragraph (1).’’.
21
(2)
BRIEFING
ON
COMPLIANCE.—Section
22
2481(c)(4) of such title is amended—
23
(A) in subparagraph (D), by striking ‘‘;
24
and’’ and inserting a semicolon;
25
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(B) by redesignating subparagraph (E) as
1
subparagraph (F); and
2
(C) by inserting after subparagraph (D)
3
the following new subparagraph (E):
4
‘‘(E) an assessment of compliance with the
5
prohibition under section 2484(l) of this title;
6
and’’.
7
(3) TRANSITION RULES.—
8
(A)
APPLICABILITY.—The
prohibition
9
under subsection (l) of section 2484 of title 10,
10
United States Code, as added by paragraph (1),
11
shall apply on and after the date that is 30
12
days after the date of the enactment of this
13
Act.
14
(B) DISPOSAL
OF
REMAINING
STOCK.—
15
The Director of the Defense Commissary Agen-
16
cy may determine how to dispose of any stock
17
covered by the prohibition under subsection (l)
18
of section 2484 of title 10, United States Code,
19
as added by paragraph (1), that remains as of
20
the date described in subparagraph (A).
21
(c) EFFECTIVE DATE.—The prohibitions under this
22
section, and the amendments made by this section, shall
23
take effect 90 days after the date of the enactment of this
24
Act.
25
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TITLE VII—HEALTH CARE
1
PROVISIONS
2
Subtitle
A—TRICARE,
Brain
3
Health, and Other Health Care
4
Benefits
5
SEC. 701. INCLUSION OF ADDITIONAL REQUIREMENTS IN
6
NOTIFICATIONS TO MODIFY SCOPE OF SERV-
7
ICES
PROVIDED
AT
MILITARY
MEDICAL
8
TREATMENT FACILITIES.
9
Section 1073d(f)(2) of title 10, United States Code,
10
is amended—
11
(1) by striking ‘‘information demonstrating’’;
12
(2) by striking ‘‘the extent’’ and all that follows
13
through the period at the end and inserting ‘‘the fol-
14
lowing:’’; and
15
(3) by adding at the end the following:
16
‘‘(A) An endorsement from the Chairman of the
17
Joint Chiefs of Staff that the proposed modification
18
will have no effect on operational requirements of
19
the armed forces.
20
‘‘(B) An endorsement from the Surgeon Gen-
21
eral of the military department concerned that the
22
proposed modification will have no effect on the
23
training or readiness of military medical personnel
24
in the military department concerned.
25
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‘‘(C) An assessment from the Director of the
1
Defense Health Agency that explains how members
2
of the armed forces and covered beneficiaries receiv-
3
ing services at the facility will continue to receive
4
care.’’.
5
SEC. 702. EXPANSION OF ELIGIBILITY FOR HEARING AIDS
6
TO INCLUDE CHILDREN OF RETIRED MEM-
7
BERS OF THE UNIFORMED SERVICES EN-
8
ROLLED
IN
FAMILY
COVERAGE
UNDER
9
TRICARE SELECT.
10
Section 1077(a)(16)(B)(ii) of title 10, United States
11
Code, is amended by inserting ‘‘or TRICARE Select’’ be-
12
fore the period at the end.
13
SEC. 703. ASSESSMENT OF BEHAVIORAL HEALTH AND SO-
14
CIAL HEALTH CONDITIONS OF MILITARY
15
PERSONNEL AND THEIR FAMILIES ASSIGNED
16
TO CREECH AIR FORCE BASE, NEVADA.
17
(a) IN GENERAL.—The Secretary of the Air Force,
18
in coordination with the Director of the Defense Health
19
Agency, shall assess the behavioral health and social
20
health conditions of members of the Air Force assigned
21
to Creech Air Force Base, Nevada, and their families re-
22
lated to such assignment.
23
(b) TOOLS USED.—In carrying out the assessment
24
required under subsection (a), the Secretary of the Air
25
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Force shall use tools such as site assistance visits, behav-
1
ioral health epidemiological consultations, and community-
2
wide assessments.
3
(c) ELEMENTS OF ASSESSMENT.—The assessment
4
required under subsection (a) shall—
5
(1) establish the behavioral health and social
6
health outcomes that impact individual, family, and
7
unit readiness at Creech Air Force Base;
8
(2) identify factors, to include unique social and
9
occupational stressors, affecting the behavioral
10
health and social health of members of the Air Force
11
and their families stationed at Creech Air Force
12
Base; and
13
(3) make recommendations to address those
14
factors and to improve the health and readiness of
15
members of the Air Force and their families sta-
16
tioned at Creech Air Force Base, and in doing so,
17
advancing the readiness of the Air Force.
18
(d) BRIEFING.—Not later than March 1, 2026, the
19
Secretary of the Air Force shall brief the Committees on
20
Armed Services of the Senate and the House of Represent-
21
atives on the methods used to conduct the assessment re-
22
quired under subsection (a) and on the findings and rec-
23
ommendations of the assessment.
24
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SEC. 704. AUTHORITY TO PROVIDE SEXUAL ASSAULT MED-
1
ICAL FORENSIC EXAMINATIONS ON A NONRE-
2
IMBURSABLE BASIS TO CERTAIN OTHERWISE
3
INELIGIBLE INDIVIDUALS.
4
(a) AUTHORITY TO PROVIDE FORENSIC EXAMINA-
5
TIONS.—The Secretary of Defense, in accordance with
6
regulations prescribed by the Secretary, shall authorize
7
medical personnel of the Department of Defense to pro-
8
vide sexual assault medical forensic examinations, in a
9
military medical treatment facility on a nonreimbursable
10
basis, to an individual who—
11
(1) is not otherwise eligible for health care from
12
the Department;
13
(2) reports a sexual assault offense for which
14
the Defense Criminal Investigative Service may ini-
15
tiate an investigation; and
16
(3) is eligible for a forensic examination in ac-
17
cordance with those regulations.
18
(b) ADDITIONAL ELEMENTS.—The regulations pre-
19
scribed under subsection (a) may provide for the handling,
20
storage, and transfer to law enforcement of a completed
21
sexual assault medical forensic examination kit.
22
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SEC. 705. FERTILITY TREATMENT FOR CERTAIN MEMBERS
1
OF THE UNIFORMED SERVICES AND DEPEND-
2
ENTS.
3
(a) FERTILITY TREATMENT.—Chapter 55 of title 10,
4
United States Code, is amended by inserting after section
5
1074o the following new section:
6
‘‘§ 1074p. Fertility treatment for certain active duty
7
members of the uniformed services and
8
their dependents
9
‘‘(a) COVERAGE.—The Secretary of Defense shall en-
10
sure that fertility-related care for a member of the uni-
11
formed services on active duty (or a dependent of such
12
a member) shall be covered under TRICARE Prime and
13
TRICARE Select.
14
‘‘(b) IN VITRO FERTILIZATION.—In the case of in
15
vitro fertilization treatment furnished to an individual
16
pursuant to subsection (a), coverage under such sub-
17
section shall include—
18
‘‘(1) not fewer than three completed oocyte re-
19
trievals; and
20
‘‘(2) unlimited embryo transfers provided in ac-
21
cordance with the guidelines of the American Society
22
for Reproductive Medicine, using single embryo
23
transfer when recommended and medically appro-
24
priate.
25
‘‘(c) DEFINITIONS.—In this section:
26
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‘‘(1) The term ‘infertility’ means a disease, con-
1
dition, or status characterized by—
2
‘‘(A) the failure to establish a pregnancy
3
or to carry a pregnancy to live birth after reg-
4
ular, unprotected sexual intercourse in accord-
5
ance with the guidelines of the American Soci-
6
ety for Reproductive Medicine;
7
‘‘(B) the inability of an individual to repro-
8
duce without medical intervention either as a
9
single individual or with the partner of the indi-
10
vidual; or
11
‘‘(C) the findings of a licensed physician
12
based on the medical, sexual, and reproductive
13
history, age, physical findings, or diagnostic
14
testing of the individual.
15
‘‘(2) The term ‘fertility-related care’ means—
16
‘‘(A) the diagnosis of infertility; and
17
‘‘(B) fertility treatment.
18
‘‘(3) The term ‘fertility treatment’ includes the
19
following:
20
‘‘(A) In vitro fertilization or other treat-
21
ments or procedures in which human oocytes,
22
embryos, or sperm are handled when clinically
23
appropriate.
24
‘‘(B) Sperm retrieval.
25
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‘‘(C) Egg retrieval.
1
‘‘(D) Preservation of human oocytes, em-
2
bryos, or sperm.
3
‘‘(E)
Artificial
insemination,
including
4
intravaginal insemination, intracervical insemi-
5
nation, and intrauterine insemination.
6
‘‘(F) Transfer of reproductive genetic ma-
7
terial.
8
‘‘(G) Medications as prescribed or nec-
9
essary for fertility.
10
‘‘(H) Fertility treatment coordination.
11
‘‘(I) Such other information, referrals,
12
treatments, procedures, testing, medications,
13
laboratory services, technologies, and services
14
facilitating reproduction as determined appro-
15
priate by the Secretary of Defense.’’.
16
(b) PROGRAM ON FERTILITY TREATMENT COORDI-
17
NATION.—Chapter 55 of title 10, United States Code, is
18
amended by adding at the end the following new section:
19
‘‘§ 1110c. Program on fertility-related care coordina-
20
tion
21
‘‘(a) IN GENERAL.—The Secretary of Defense shall
22
establish a program on the coordination of fertility-related
23
care by the Secretary for purposes of ensuring patients
24
receive timely fertility-related care.
25
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‘‘(b) TRAINING AND SUPPORT.—In carrying out the
1
program established under subsection (a), the Secretary
2
shall provide to community health care providers training
3
and support with respect to the unique needs of members
4
of the uniformed services and the dependents of such
5
members.
6
‘‘(c) FERTILITY-RELATED CARE DEFINED.—In this
7
section, the term ‘fertility-related care’ has the meaning
8
given that term in section 1074p(c) of this title.’’.
9
(c) CONFORMING AMENDMENT.—Section 1079(a) of
10
title 10, United States Code, is amended by adding at the
11
end the following new paragraph:
12
‘‘(21) Fertility-related care shall be provided in
13
accordance with section 1074p of this title.’’.
14
(d) EXCLUSION FROM CONTRACTS
FOR FORMER
15
MEMBERS AND THEIR DEPENDENTS.—Section 1086 of
16
title 10, United States Code, is amended—
17
(1) in subsection (c), in the matter preceding
18
paragraph (1), by striking ‘‘subsection (d)’’ and in-
19
serting ‘‘subsections (d) and (j)’’; and
20
(2) by adding at the end the following new sub-
21
section:
22
‘‘(j) A plan contracted for under subsection (a) may
23
not include coverage for services under section 1074p of
24
this title for former members of the uniformed services
25
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or dependents of former members of the uniformed serv-
1
ices.’’.
2
(e) REGULATIONS.—Not later than one year after the
3
date of the enactment of this Act, the Secretary of Defense
4
shall prescribe regulations or subregulatory guidance re-
5
garding the implementation of the amendments made by
6
this section.
7
(f) APPLICATION.—The amendments made by this
8
section shall apply with respect to services provided on or
9
after October 1, 2027.
10
(g) RULES OF CONSTRUCTION.—Nothing in this sec-
11
tion or the amendments made by this section shall be con-
12
strued—
13
(1) to provide new benefits to or alter existing
14
benefits for former members of the uniformed serv-
15
ices or the dependents of former members of the
16
uniformed services; or
17
(2) to authorize the Secretary of Defense to
18
make payments related to human cloning, artificial
19
womb technology, or international surrogacy.
20
SEC.
706.
RESTRICTION
ON
PERFORMANCE
OF
SEX
21
CHANGE SURGERIES.
22
(a) IN GENERAL.—Chapter 55 of title 10, United
23
States Code, is amended by inserting after section 1093
24
the following new section:
25
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‘‘§ 1093a. Performance of sex change surgeries: re-
1
strictions
2
‘‘(a) RESTRICTION
ON USE
OF FUNDS.—Funds
3
available to the Department of Defense may not be used
4
to perform or facilitate sex change surgeries.
5
‘‘(b) RESTRICTION
ON USE
OF FACILITIES.—No
6
military medical treatment facility or other facility of the
7
Department of Defense may be used to perform or facili-
8
tate a sex change surgery.’’.
9
(b) CLERICAL AMENDMENT.—The table of sections
10
at the beginning of such chapter is amended by inserting
11
after the item relating to section 1093 the following new
12
item:
13
‘‘1093a. Performance of sex change surgeries: restrictions.’’.
Subtitle B—Health Care
14
Administration
15
SEC. 711. CODIFICATION OF POSITION OF DIRECTOR OF
16
THE DEFENSE HEALTH AGENCY.
17
(a) IN GENERAL.—Section 1073c of title 10, United
18
States Code, is amended—
19
(1) by redesignating subsections (a) through (j)
20
as subsections (b) through (k), respectively;
21
(2) by inserting before subsection (b), as redes-
22
ignated by paragraph (1), the following:
23
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‘‘(a) DIRECTOR OF THE DEFENSE HEALTH AGEN-
1
CY.—(1) There is in the Defense Health Agency a Direc-
2
tor.
3
‘‘(2) The Director of the Defense Health Agency
4
shall—
5
‘‘(A) be a military officer and hold a rank that
6
is the same or greater than the rank of any officer
7
serving as the Surgeon General of a military depart-
8
ment under section 7036, 8031, or 9036 of this title;
9
and
10
‘‘(B) be a joint qualified officer in accordance
11
with section 661 of this title.’’;
12
(3) in subsection (b), as redesignated by para-
13
graph (1)—
14
(A) in paragraph (1), in the matter pre-
15
ceding subparagraph (A), by striking ‘‘, by not
16
later than September 30, 2021’’;
17
(B) in paragraph (2), in the matter pre-
18
ceding subparagraph (A), by striking ‘‘, com-
19
mencing when the Director begins to exercise
20
responsibilities under that paragraph,’’; and
21
(C) in paragraph (6), by striking ‘‘sub-
22
sections (b) and (c)’’ and inserting ‘‘subsections
23
(c) and (d)’’;
24
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(4) in subsection (f), as so redesignated, in the
1
matter preceding paragraph (1), by striking ‘‘Not
2
later than September 30, 2024, and subject to sub-
3
section (f)’’ and inserting ‘‘Subject to subsection
4
(g)’’;
5
(5) in subsection (g), as so redesignated, in the
6
matter preceding paragraph (1), by striking ‘‘sub-
7
section (e)’’ and inserting ‘‘subsection (f)’’; and
8
(6) in subsection (h), as so redesignated, by
9
striking ‘‘subsection (e)(1)’’ and inserting ‘‘sub-
10
section (f)(1)’’.
11
(b)
CONFORMING
AMENDMENT.—Section
12
1091a(b)(2) of such title is amended by striking ‘‘section
13
1073c(i)’’ and inserting ‘‘section 1073c(k)’’.
14
SEC. 712. ESTABLISHMENT OF POLICIES FOR PRIORITY AS-
15
SIGNMENT OF MEDICAL PERSONNEL OF DE-
16
PARTMENT OF DEFENSE.
17
(a) IN GENERAL.—The Secretary of Defense shall es-
18
tablish policies for the priority assignment of medical per-
19
sonnel of the Department of Defense.
20
(b) APPLICATION
TO MILITARY DEPARTMENTS.—
21
The Secretary of each military department shall assign
22
medical personnel within that military department con-
23
sistent with the policies established under subsection (a)
24
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and in coordination with the Director of the Defense
1
Health Agency.
2
(c) REASSIGNMENT.—
3
(1) IN GENERAL.—If, in the judgment of the
4
Secretary of Defense, the Secretary of a military de-
5
partment fails to comply with the assignment prior-
6
ities established under subsection (a), the Secretary
7
may authorize the Director of the Defense Health
8
Agency to reassign medical personnel of that mili-
9
tary department in accordance with the policies es-
10
tablished under subsection (a).
11
(2) BRIEFING.—Not later than 90 days after
12
the effective date of any reassignment under para-
13
graph (1), the Director of the Defense Health Agen-
14
cy shall brief the Committees on Armed Services of
15
the Senate and the House of Representatives on
16
such reassignment.
17
SEC. 713. GRADUATE MEDICAL EDUCATION PARTNERSHIP
18
DEMONSTRATION PROGRAM.
19
(a) DEMONSTRATION PROGRAM REQUIRED.—Not-
20
withstanding section 1104 of title 10, United States Code,
21
the Secretary of Defense shall seek to establish a dem-
22
onstration program to expand partnerships between cov-
23
ered medical facilities of the Department of Defense and
24
the Department of Veterans Affairs.
25
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(b) PURPOSE.—The purpose of the demonstration
1
program under subsection (a) is to increase case volume
2
for graduate medical education programs of the Depart-
3
ment of Defense.
4
(c) PARAMETERS.—In seeking to establish a dem-
5
onstration program under subsection (a), the Secretary of
6
Defense shall make efforts to ensure the following:
7
(1) Credentialing and privileging of medical
8
personnel as necessary to work in any covered med-
9
ical facility.
10
(2) Expedited access to installations of the De-
11
partment of Defense for the purpose of providing
12
medical care under the demonstration program to
13
non-Department of Defense beneficiaries.
14
(3) Inclusion of ‘‘in-kind’’ or non-cash payment
15
or reimbursement for expenses incurred under the
16
demonstration program.
17
(d) ANNUAL BRIEFING.—Not later than December 1,
18
2026, and annually thereafter, the Secretary of Defense
19
shall provide to the Committees on Armed Services of the
20
Senate and the House of Representatives a briefing on the
21
implementation of this section.
22
(e) COVERED MEDICAL FACILITY DEFINED.—In this
23
section, the term ‘‘covered medical facility’’ means—
24
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(1) a medical facility of the Department of De-
1
fense with a certified graduate medical education
2
program; and
3
(2) any medical facility of the Department of
4
Veterans Affairs.
5
(f) SUNSET.—This section shall terminate on Sep-
6
tember 30, 2032.
7
SEC. 714. MODIFICATION OF ADMINISTRATION OF MEDICAL
8
MALPRACTICE CLAIMS BY MEMBERS OF THE
9
UNIFORMED SERVICES.
10
(a) IN GENERAL.—Section 2733a of title 10, United
11
States Code, is amended—
12
(1) in subsection (a), by striking ‘‘subsection
13
(h)’’ and inserting ‘‘subsection (i)’’;
14
(2) in subsection (b)(6), by striking ‘‘subsection
15
(h)’’ and inserting ‘‘subsection (i)’’;
16
(3) in subsection (d)(1), by striking ‘‘subsection
17
(h)’’ and inserting ‘‘subsection (i)’’;
18
(4) by re-designating subsections (g) through
19
(k) as subsections (h) through (l), respectively; and
20
(5) by inserting after subsection (f) the fol-
21
lowing new subsection:
22
‘‘(g) APPEALS.—(1) Any appeal from the denial of
23
a claim under this section shall be considered by a third-
24
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party review board jointly established by the Judge Advo-
1
cates General of the Army, the Navy, and the Air Force.
2
‘‘(2) The third-party review board established under
3
paragraph (1) shall consist of not more than five members,
4
all of whom possess sufficient legal or medical background,
5
or both.
6
‘‘(3) A claimant under this section that seeks an ap-
7
peal under paragraph (1) may submit the appeal directly
8
to the third-party review board established under such
9
paragraph.
10
‘‘(4) In considering an appeal from the denial of a
11
claim under this section, the third-party review board es-
12
tablished under paragraph (1) shall, at the request of the
13
claimant, allow for a hearing on the merits of the appeal
14
in an adversarial nature.
15
‘‘(5) The Secretary of Defense shall provide to a
16
claimant seeking an appeal under paragraph (1) a copy
17
of any response to the appeal that is submitted on behalf
18
of the Department of Defense.
19
‘‘(6) The third-party review board established under
20
paragraph (1) shall not consist of any member of the uni-
21
formed services or civilian employee of the Department of
22
Defense.’’.
23
(b) APPOINTMENT OF MEMBERS.—Not later than
24
180 days after the effective date described in subsection
25
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(d), the Judge Advocates General of the Army, the Navy,
1
and the Air Force shall jointly appoint members to the
2
board established under subsection (g)(1) of section 2733a
3
of title 10, United States Code, as added by subsection
4
(a)(5).
5
(c) REPORT.—Not later than 180 days after the es-
6
tablishment of the board required under subsection (g)(1)
7
of section 2733a of title 10, United States Code, as added
8
by subsection (a)(5), the Secretary of Defense shall submit
9
to the Committees on Armed Services of the Senate and
10
the House of Representatives a report indicating—
11
(1) the membership of the board;
12
(2) the qualifying background of each member
13
of the board; and
14
(3) a statement indicating the independence of
15
each member of the board from the Department of
16
Defense.
17
(d) EFFECTIVE DATE.—This section, and the amend-
18
ments made by this section, shall take effect on the date
19
that is 10 years after the date of the enactment of this
20
Act.
21
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SEC. 715. IMPROVEMENT OF TRANSITION OF MEDICS IN
1
THE ARMED FORCES TO THE CIVILIAN WORK-
2
FORCE IN HEALTH CARE OCCUPATIONS.
3
(a) RECOMMENDATIONS REQUIRED.—The Secretary
4
concerned, in consultation with each of the States
5
(through the Defense-State Liaison Office of the Depart-
6
ment of Defense), the Secretary of Veterans Affairs, the
7
Secretary of Health and Human Services, and the Sec-
8
retary of Labor, shall develop recommendations to improve
9
the transition of medics under the jurisdiction of the Sec-
10
retary concerned into the civilian workforce in health care
11
occupations, including as certified nurse aides, licensed
12
practical nurses, or medical assistants.
13
(b) CONSIDERATIONS.—In carrying out subsection
14
(a), the Secretary concerned shall—
15
(1) identify any barriers—
16
(A) to improving the ability of the Sec-
17
retary concerned to determine and communicate
18
how the military credentials and experience of
19
a medic separating from the Armed Forces
20
translate to credentialed civilian employment in
21
health care occupations;
22
(B) that exist to the standardization
23
among the Armed Forces of military medic cre-
24
dentials and experience and the alignment of
25
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such credentials and experience to credentialed
1
civilian employment in health care occupations;
2
(C) that exist to ensuring members of the
3
Armed Forces with military medic credentials
4
and experience have earned the equivalent civil-
5
ian credential prior to separation from the
6
Armed Forces in addition to receiving their
7
military credentials;
8
(D) to the increased establishment and up-
9
take of accelerated or bridge programs to assist
10
separating members of the Armed Forces in
11
translating military credentials and experience
12
into civilian health care credentials and employ-
13
ment;
14
(E) to increasing the availability and ac-
15
cessibility of preparatory activities under the
16
SkillBridge program established under section
17
1143(e) of title 10, United States Code, in the
18
health care sector for members of the Armed
19
Forces preparing for separation, to include—
20
(i) the approval timeline for sepa-
21
rating
members
to
participate
in
22
SkillBridge programs in the health care
23
sector; and
24
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(ii) requirements to return to their
1
duty station for out-processing; and
2
(F) to providing information on civilian
3
health care credentials and employment under
4
the Transition Assistance Program to medics
5
separating from the Armed Forces, including
6
information on State-by-State licensing and
7
credentialing; and
8
(2) consider the potential impact of—
9
(A) clarification by States through legisla-
10
tion, actions of State licensing boards, or ac-
11
tions of State credentialing boards of the civil-
12
ian equivalents of certain military credentials
13
and experience in health care;
14
(B) implementation, including through
15
State-provided incentives, of accelerated pro-
16
grams to bridge military medic credentials and
17
experience with civilian health care credentials
18
and licenses;
19
(C) financial support or incentives by
20
States to increase the availability and accessi-
21
bility of such programs;
22
(D) requiring the military departments to
23
align military health care credentials with civil-
24
ian equivalents; and
25
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(E) requiring the Department of Veterans
1
Affairs and the Department of Labor to track
2
and report the number of separated members of
3
the Armed Forces with health care-related mili-
4
tary credentials and experience who continue in
5
the civilian health care sector, including the
6
type of employment they pursue.
7
(c) REPORT.—Not later than 180 days after the date
8
of the enactment of this Act, the Secretary concerned shall
9
submit to the relevant committees of Congress a report
10
containing—
11
(1) the recommendations developed under sub-
12
section (a); and
13
(2) a plan to implement those recommenda-
14
tions.
15
(d) DEFINITIONS.—In this section:
16
(1) MEDIC.—The term ‘‘medic’’ means a mem-
17
ber of the Armed Forces acting in a clinical health
18
care-related occupation while serving in the Armed
19
Forces.
20
(2) RELEVANT COMMITTEES OF CONGRESS.—
21
The term ‘‘relevant committees of Congress’’
22
means—
23
(A) the Committee on Armed Services, the
24
Committee on Commerce, Science, and Trans-
25
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portation, the Committee on Health, Education,
1
Labor, and Pensions, and the Committee on
2
Veterans’ Affairs of the Senate; and
3
(B) the Committee on Armed Services, the
4
Committee on Education and the Workforce,
5
and the Committee on Veterans’ Affairs of the
6
House of Representatives.
7
(3) SECRETARY CONCERNED.—The term ‘‘Sec-
8
retary concerned’’ means—
9
(A) the Secretary of Defense, with respect
10
to matters concerning the Department of De-
11
fense; and
12
(B) the Secretary of Homeland Security,
13
with respect to matters concerning the Coast
14
Guard when it is not operating as a service in
15
the Department of the Navy.
16
(4) STATE.—The term ‘‘State’’ means each of
17
the several States, the District of Columbia, the
18
Commonwealth of Puerto Rico, the United States
19
Virgin Islands, Guam, American Samoa, or the
20
Commonwealth of the Northern Mariana Islands
21
that have a Defense-State Liaison Office.
22
(5) TRANSITION
ASSISTANCE
PROGRAM.—The
23
term ‘‘Transition Assistance Program’’ means the
24
program of the Department of Defense for pre-sepa-
25
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ration counseling, employment assistance, and other
1
transitional services provided under sections 1142
2
and 1144 of title 10, United States Code.
3
SEC. 716. IMPROVEMENT OF PROVIDER DIRECTORY ACCU-
4
RACY
FOR
SPECIALTY
CARE
PROVIDERS
5
UNDER THE TRICARE PROGRAM.
6
(a) IN GENERAL.—By not later than five years after
7
the date of the enactment of this Act, the Director of the
8
Defense Health Agency (in this section referred to as the
9
‘‘Director’’) shall ensure that the accuracy of the provider
10
directory under the TRICARE program for all specialty
11
care provider types reaches an average accuracy across all
12
specialty care providers of not less than 70 percent.
13
(b) MEASUREMENT OF ACCURACY.—Average accu-
14
racy under subsection (a) shall be measured biannually
15
and shall be disaggregated by provider type for each spe-
16
cialty care provider group.
17
(c) INCLUSION IN CONTRACTS.—The Director shall
18
ensure that each managed care contract under the
19
TRICARE program includes requirements that the man-
20
aged care contractor comply with the accuracy require-
21
ment under subsection (a), including by requiring each
22
such contractor to—
23
(1) conduct comprehensive outreach campaigns,
24
to include electronic and non-electronic means, and
25
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mass email campaigns to network providers pro-
1
viding—
2
(A) information relating to T–5 Contract
3
penalties associated with inaccurate provider di-
4
rectory information;
5
(B) resources; and
6
(C) direct links for providers to update
7
their directory information;
8
(2) make it a condition of joining the
9
TRICARE network managed by such contractor for
10
providers to validate their provider directory infor-
11
mation not less frequently than quarterly;
12
(3) ensure that when providers file for reim-
13
bursement, such providers are prompted to review
14
and verify their directory accuracy; and
15
(4) create a mechanism by which beneficiaries
16
under the TRICARE program can report provider
17
directory inaccuracy to the contractor.
18
(d) OTHER METHODS.—The Director shall carry out
19
any other methods that the Director finds useful for the
20
improvement of provider directory accuracy.
21
(e) TESTING
OF DIRECTORY INFORMATION.—Not
22
less frequently than quarterly, the Inspector General of
23
the Department of Defense shall conduct random tests,
24
encompassing all specialty care provider types, of the accu-
25
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racy of information relating to specialty care providers
1
contained in the provider directory under the TRICARE
2
program.
3
(f) REPORTS AND BRIEFINGS.—
4
(1) IN
GENERAL.—Not later than one year
5
after the date of the enactment of this Act, and an-
6
nually thereafter, the Director shall submit a report
7
and provide a briefing to the Committees on Armed
8
Services of the Senate and the House of Representa-
9
tives on progress towards reaching the average accu-
10
racy target required under subsection (a).
11
(2) ELEMENTS.—Each report under paragraph
12
(1) shall include, at a minimum, the following:
13
(A) A description of the techniques that
14
are most effective in improving accuracy of pro-
15
vider directories.
16
(B) An identification of the authorities or
17
tools that the Defense Health Agency lacks for
18
improving such accuracy.
19
(C) An identification of challenges specific
20
to each specialty care provider type that limit
21
such accuracy.
22
(D) An assessment of the impact of efforts
23
of the Defense Health Agency towards improv-
24
ing such accuracy on providers either leaving
25
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the TRICARE program or on the willingness of
1
non-network providers to join the TRICARE
2
program.
3
(g) COMPTROLLER GENERAL REVIEW.—Not later
4
than one year after the date of the enactment of this Act,
5
and annually thereafter, the Comptroller General of the
6
United States shall—
7
(1) conduct a holistic review of provider direc-
8
tory accuracy under the TRICARE program to
9
measure the progress of the Director towards meet-
10
ing the requirement under subsection (a); and
11
(2) submit to Congress a report on the review
12
conducted under paragraph (1).
13
SEC. 717. REVIEW OF DISCLOSURE REQUIREMENTS UNDER
14
PROCESSES
AND
FORMS
RELATING
TO
15
HEALTH CARE PROVIDER CREDENTIALING
16
AND PRIVILEGING OF DEPARTMENT OF DE-
17
FENSE.
18
(a) REVIEW.—Not later than 180 days after the date
19
of the enactment of this Act, the Secretary of Defense
20
shall review all processes and forms relating to health care
21
provider credentialing and privileging of covered appli-
22
cants to—
23
(1) identify questions, required disclosures, or
24
other information required to be provided by the ap-
25
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plicant that asks or requires the applicant to disclose
1
mental, behavioral, psychological, or other related
2
health conditions of the applicant, including require-
3
ments contained in—
4
(A) applications for credentialing, peer ref-
5
erence, or competency assessment; and
6
(B) employee manuals, guidance, and poli-
7
cies of the Department of Defense governing
8
the requirements for credentialing, privileging,
9
or employment of health care providers;
10
(2) review and compare credentialing, peer ref-
11
erence, and competency assessment forms for health
12
care providers across the military departments and
13
the Defense Health Agency, including a review of—
14
(A) which forms require disclosure of men-
15
tal, behavioral, psychological, or other related
16
health conditions; and
17
(B) whether such disclosure of mental, be-
18
havioral, psychological, or other related health
19
conditions include past and current diagnoses
20
and treatment.
21
(b) REPORT.—Not later than one year after the date
22
of the enactment of this Act, the Secretary of Defense
23
shall submit to Congress a report containing the following:
24
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(1) The findings of the review require under
1
subsection (a).
2
(2) A detailed plan outlining steps the Sec-
3
retary has taken or will take, including a timeline
4
for completion of such steps, to update the processes
5
and forms reviewed under such subsection to refrain
6
from requiring disclosures of mental, behavioral,
7
psychological, or other related health conditions
8
when there is no current impairment, including an
9
identification of the steps the Secretary will take to
10
engage advocates outside the Department of Defense
11
who have subject matter expertise.
12
(c) COVERED APPLICANT DEFINED.—In this section,
13
the term ‘‘covered applicant’’ means an applicant for a
14
position as a health care provider who—
15
(1) is required to go through a credentialing
16
and privileging process; and
17
(2) provides care—
18
(A) at a military medical treatment facility
19
or other clinic of the Department of Defense; or
20
(B) through the civilian network of the
21
TRICARE program (as defined in section 1072
22
of title 10, United States Code).
23
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Subtitle C—Reports and Other
1
Matters
2
SEC. 721. STRATEGIC INFECTIOUS DISEASE MEDICAL RE-
3
SEARCH PLAN.
4
(a) PLAN.—Not later than 90 days after the date on
5
which the President submits a budget for fiscal year 2027
6
to Congress pursuant to section 1105(a) of title 31,
7
United States Code, the Secretary of Defense, in consulta-
8
tion with the Secretary of each military department, shall
9
submit to the congressional defense committees a com-
10
prehensive, strategic infectious disease medical research
11
plan (referred to in this section as the ‘‘Plan’’).
12
(b) MATTERS TO BE INCLUDED.—The Plan shall de-
13
scribe—
14
(1) all infectious disease medical research con-
15
ducted by the Department of Defense, including the
16
coordination process, to ensure that such research is
17
linked to—
18
(A) military readiness;
19
(B) joint force requirements; and
20
(C) relevance to individuals eligible for
21
care at military medical treatment facilities or
22
through the TRICARE program (as defined in
23
section 1072(7) of title 10, United States
24
Code);
25
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(2) the infectious disease research projects
1
funded under the Defense Health Program Account
2
under section 1100 of title 10, United States Code,
3
including projects under—
4
(A) the Congressional Directed Medical
5
Research Program of the Department of De-
6
fense;
7
(B)
the
Defense
Advanced
Research
8
Projects Agency;
9
(C) the United States Army Medical Re-
10
search Institute of Infectious Diseases;
11
(D) the Chemical and Biological Defense
12
Program; and
13
(E) the Defense Threat Reduction Agency;
14
(3) the process for ensuring synergy across the
15
military medical research community—
16
(A) to address gaps in military infectious
17
disease research;
18
(B) to minimize duplication of research;
19
(C) to promote collaboration within re-
20
search focus areas; and
21
(D) to leverage and modernize the existing
22
medical research and development infrastruc-
23
ture of the Department of Defense; and
24
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(4) the efforts of the Secretary to coordinate
1
with other Federal departments and agencies to in-
2
crease awareness of complementary infectious dis-
3
ease research efforts that are being carried out by
4
the Federal Government.
5
(c) BUDGET DISPLAY INFORMATION.—The Secretary
6
shall submit to the President, in conjunction with the ma-
7
terials of the Department of Defense supporting the fiscal
8
year 2027 budget request submitted to Congress by the
9
President pursuant to section 1105(a) of title 31, United
10
States Code, and annually thereafter in conjunction with
11
each subsequent budget request through fiscal year 2032,
12
a detailed budget for carrying out the Plan that includes—
13
(1) the resources necessary for infectious dis-
14
ease medical research to carry out the activities de-
15
scribed in subsection (b) for the applicable fiscal
16
year and the 4 following fiscal years, disaggregated
17
by the activities described in paragraphs (1) through
18
(4) of subsection (b);
19
(2) with respect to procurement accounts—
20
(A) amounts displayed by account, budget
21
activity, line number, line item, and line item
22
title; and
23
(B) a description of the requirements for
24
such amounts specific to the Plan;
25
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(3) with respect to research, development, test,
1
and evaluation accounts—
2
(A) amounts displayed by account, budget
3
activity, line number, program element, and
4
program element title; and
5
(B) a description of the requirements for
6
such amounts specific to the Plan;
7
(4) with respect to operation and maintenance
8
accounts—
9
(A) amounts displayed by account title,
10
budget activity title, line number, and sub-
11
activity group title; and
12
(B) a description of the specific manner in
13
which such amounts will be used;
14
(5) with respect to military personnel ac-
15
counts—
16
(A) amounts displayed by account, budget
17
activity, budget subactivity, and budget sub-
18
activity title; and
19
(B) a description of the requirements for
20
such amounts specific to the Plan;
21
(6) with respect to each project under military
22
construction accounts, the country, location, project
23
title, and project amount by fiscal year;
24
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(7) with respect to the activities described in
1
subsection (b)—
2
(A) amounts displayed by account title,
3
budget activity title, line number, and sub-
4
activity group title; and
5
(B) a description of the specific manner in
6
which such amounts will be used;
7
(8) with respect to each military department—
8
(A) amounts displayed by account title,
9
budget activity title, line number, and sub-
10
activity group title; and
11
(B) a description of the specific manner in
12
which such amounts will be used;
13
(9) with respect to the amounts described in
14
each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A),
15
(6), (7)(A), and (8)(A) for a fiscal year—
16
(A) a comparison between—
17
(i) the amount requested in the budg-
18
et of the President for such fiscal year;
19
and
20
(ii) the amount projected in the pre-
21
viously submitted budget request of the
22
President for such fiscal year;
23
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(B) a detailed summary of the amounts
1
obligated for the Plan during the most recently
2
concluded fiscal year; and
3
(C) a detailed comparison between—
4
(i) the amounts obligated for the Plan
5
during the most recently concluded fiscal
6
year; and
7
(ii) the amounts requested for the
8
Plan in the budget of the President for the
9
applicable fiscal year.
10
SEC. 722. EXTENSION OF AUTHORITY FOR JOINT DEPART-
11
MENT OF DEFENSE–DEPARTMENT OF VET-
12
ERANS AFFAIRS MEDICAL FACILITY DEM-
13
ONSTRATION FUND.
14
Section 1704(e) of the National Defense Authoriza-
15
tion Act for Fiscal Year 2010 (Public Law 111–84; 123
16
Stat. 2573), as most recently amended by section 1421
17
of the Servicemember Quality of Life Improvement and
18
National Defense Authorization Act for Fiscal Year 2025
19
(Public Law 118–159), is amended by striking ‘‘Sep-
20
tember 30, 2026’’ and inserting ‘‘September 30, 2027’’.
21
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SEC. 723. PILOT PROGRAM ON WASTEWATER SURVEIL-
1
LANCE SYSTEM OF DEPARTMENT OF DE-
2
FENSE.
3
(a) PILOT PROGRAM REQUIRED.—Commencing not
4
later than 180 days after the date of the enactment of
5
this Act, the Secretary of Defense shall carry out a pilot
6
program under which the Secretary shall develop and im-
7
plement a comprehensive wastewater surveillance system
8
at not fewer than four installations of a military depart-
9
ment at which the Secretary seeks to improve the testing,
10
identification, and analysis of usage of covered drugs and
11
to identify the prevalence of infectious diseases among
12
members of the Armed Forces at the installation (in this
13
section referred to as the ‘‘pilot program’’).
14
(b) TECHNOLOGIES AND DATA SYSTEM USED.—In
15
carrying out the pilot program, the Secretary shall ensure
16
the system developed and implemented under subsection
17
(a) is comprised of appropriate technologies and a uniform
18
data system across the Department of Defense.
19
(c) MINIMUM REQUIREMENTS.—In carrying out the
20
pilot program, the Secretary shall establish, at a min-
21
imum—
22
(1) at least one wastewater surveillance system
23
for monitoring of use of covered drugs at one instal-
24
lation; and
25
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(2) at least one wastewater surveillance system
1
for monitoring of infectious diseases at one installa-
2
tion.
3
(d) DURATION.—The pilot program shall be carried
4
out during a two-year period beginning on the date of the
5
commencement of the pilot program.
6
(e) REPORT.—Not later than 90 days after the termi-
7
nation of the pilot program, the Secretary shall submit
8
to the congressional defense committees a report that in-
9
cludes the following:
10
(1) A summary of the findings from the waste-
11
water surveillance system under the pilot program.
12
(2) Recommendations for interventions or policy
13
changes based on trends observed under the pilot
14
program.
15
(3) An assessment of the effectiveness of the
16
pilot program in enhancing force health protection
17
and readiness.
18
(f) COVERED DRUG DEFINED.—In this section, the
19
term ‘‘covered drug’’—
20
(1) except as provided in paragraph (2), means
21
a drug included on schedule I or schedule II estab-
22
lished under section 202 of the Controlled Sub-
23
stances Act (21 U.S.C. 812); and
24
(2) does not include a drug that—
25
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(A) was newly included on such schedule I
1
or schedule II;
2
(B) was previously approved under section
3
505 of the Federal Food, Drug, and Cosmetic
4
Act (21 U.S.C. 355); and
5
(C) received such approval not later than
6
20 years before the date of the enactment of
7
this Act.
8
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Transition of program executive officer role to portfolio acquisition
executive.
Sec. 802. Capstone requirements.
Sec. 803. Modification to acquisition strategy.
Sec. 804. Modifications to modular open systems approach.
Sec. 805. Alternative test and evaluation pathway for designated defense acqui-
sition programs.
Sec. 806. Department of Defense member of Cost Accounting Standards
Board.
Sec. 807. Combatant command experimentation authority.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 821. Modification to nontraditional defense contractor definitions.
Sec. 822. Financing for covered activities.
Sec. 823. Exemptions for nontraditional defense contractors.
Sec. 824. Modifications to treatment of certain products and services as com-
mercial products and commercial services.
Sec. 825. Modifications to commercial products and commercial services.
Sec. 826. Modifications to commercial solutions openings.
Sec. 827. Modifications to other transactions.
Sec. 828. Modifications to procurement for experimental purposes.
Sec. 829. Consumption-based solutions.
Sec. 830. Modifications to prohibition on contracting with persons that have
fossil fuel operations with the Government of the Russian Fed-
eration or the Russian energy sector.
Sec. 831. Modifications to relationship of other provisions of law to procure-
ment of commercial products and commercial services.
Sec. 832. Limitation on required flowdown of contract clauses to subcontractors
providing commercial products or commercial services.
Sec. 833. References in contracts to Department of Defense policy documents,
instructions, and manuals.
Sec. 834. Uninsurable risk on certain contracts.
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Sec. 835. Reporting of price increases.
Sec. 836. Instructions for continued operational readiness.
Sec. 837. Indemnification of contractors against nuclear and unusually haz-
ardous risks.
Sec. 838. Late submission of cost and pricing data as invalid defense to con-
tract price reductions for defective cost or pricing data.
Sec. 839. Modifications to submissions of cost or pricing data.
Subtitle C—Industrial Base Matters
Sec. 841. Repeal of limitations on certain Department of Defense Executive
Agent authority.
Sec. 842. Small unmanned aircraft system industrial base remediation plan.
Sec. 843. Application of national security waiver for strategic materials
sourcing requirement to sensitive materials.
Sec. 844. Prohibition on acquisition of clothing and fabric from countries of
concern under domestic-sourcing waivers.
Sec. 845. Mitigation of risks related to foreign ownership, control, or influence
of Department of Defense contractors or subcontractors.
Sec. 846. Prohibition of procurement of molybdenum, gallium, or germanium
from non-allied foreign nations and authorization for produc-
tion from recovered material.
Sec. 847. Sourcing options for certain critical products.
Sec. 848. Prohibiting the purchase of photovoltaic modules or inverters from
Foreign Entities of Concern.
Sec. 849. Modernization of Army arsenals.
Sec. 849A. Modifications to Defense Industrial Base Fund.
Subtitle D—Small Business Matters
Sec. 851. APEX Accelerators.
Subtitle E—Other Matters
Sec. 861. Clarification of procurement prohibition related to acquisition of ma-
terials mined, refined, and separated in certain countries.
Sec. 862. Independent study on the acquisition workforce of the Department of
Defense.
Sec. 863. Expedited acceptance program for supply chain illumination.
Sec. 864. Simultaneous conflicts critical munitions report.
Sec. 865. Permanent extension and modification of demonstration and proto-
typing program to advance international product support capa-
bilities in a contested logistics environment.
Sec. 866. Estimate of ally and partner demand for United States-produced mu-
nitions and specified expendables.
Sec. 867. Reform of contractor performance information requirements.
Sec. 868. Repeals of existing law to streamline the defense acquisition process.
Sec. 869. Enhancement of defense supply chain resilience and secondary source
qualification.
Sec. 870. Enhanced product support management for integrated sustainment of
weapon systems.
Sec. 871. Modifications to current defense acquisition requirements.
Sec. 872. Minimum production levels for munitions.
Sec. 873. Processes for incentivizing contractor expansion of sources of supply.
Sec. 874. Duty-free entry of supplies procured by Department of Defense.
Sec. 875. Other transaction authority reporting.
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Sec. 876. Assessment of competitive effects of defense contractor transactions.
Sec. 877. Evaluation of TP-Link telecommunications equipment for designation
as covered telecommunications equipment or services.
Sec. 878. Country-of-origin disclosure requirements for generic drugs purchased
by the Department of Defense.
Sec. 879. Phase-out of computer and printer acquisitions involving entities
owned or controlled by China.
Sec. 880. Prohibition on operation, procurement, and contracting related to for-
eign-made additive manufacturing machines.
TITLE VIII—ACQUISITION POL-
1
ICY, ACQUISITION MANAGE-
2
MENT, AND RELATED MAT-
3
TERS
4
Subtitle A—Acquisition Policy and
5
Management
6
SEC. 801. TRANSITION OF PROGRAM EXECUTIVE OFFICER
7
ROLE TO PORTFOLIO ACQUISITION EXECU-
8
TIVE.
9
(a) DEFINITION.—Section 1737(a) of title 10, United
10
States Code, is amended by striking paragraph (4) and
11
inserting the following:
12
‘‘(4) The term ‘portfolio acquisition executive’
13
refers to the member of the acquisition workforce re-
14
sponsible for the overall management of require-
15
ments, programming, and acquisition of defense ac-
16
quisition capabilities. These capabilities are assigned
17
by the service acquisition executive or component ac-
18
quisition executive. The portfolio acquisition execu-
19
tive has direct control over all necessary officials and
20
functional support, including the ability to provide
21
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input into performance evaluations, to the maximum
1
extent practicable. This authority provides them with
2
all necessary authority to develop, procure, and sus-
3
tain military capabilities. For purposes of managing
4
requirements, the portfolio acquisition executive is
5
subject to the authority, direction, and control of the
6
chief of the military service, while remaining under
7
the overall authority, direction, and control of the
8
service acquisition executive or component acquisi-
9
tion executive. The Secretary of Defense shall ensure
10
a minimum of non-statutory guidance and approvals
11
issued by officials external to the portfolio acquisi-
12
tion executives.’’.
13
(b) CRITICAL
ACQUISITION
POSITIONS.—Section
14
1731(a)(1)(B)(i) of title 10, United States Code, is
15
amended by striking ‘‘Program executive officer’’ and in-
16
serting ‘‘Portfolio acquisition executive’’.
17
(c) POSITION QUALIFICATIONS.—Section 1735(c) of
18
title 10, United States Code, is amended—
19
(1) in the subsection heading, by striking ‘‘PRO-
20
GRAM EXECUTIVE OFFICERS’’ and inserting ‘‘PORT-
21
FOLIO ACQUISITION EXECUTIVE’’; and
22
(2) by striking ‘‘program executive officer’’ and
23
inserting ‘‘portfolio acquisition executive’’.
24
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(d) GOVERNMENT PERFORMANCE OF CERTAIN AC-
1
QUISITION FUNCTIONS.—Section 1706(a) of title 10,
2
United States Code, is amended—
3
(1) in paragraph (1), by striking ‘‘Program ex-
4
ecutive officer’’ and inserting ‘‘Portfolio acquisition
5
executive’’; and
6
(2) in paragraph (2), by striking ‘‘Deputy pro-
7
gram executive officer’’ and inserting ‘‘Deputy port-
8
folio acquisition executive’’.
9
(e) DUTIES RELATED TO CADRE OF INTELLECTUAL
10
PROPERTY EXPERTS.—Section 1707(c) of title 10, United
11
States Code, is amended by striking ‘‘program executive
12
officer’’ and inserting ‘‘portfolio acquisition executive’’.
13
(f) PORTFOLIO ACQUISITION EXECUTIVE OFFICE .—
14
Section 1509 of the James M. Inhofe National Defense
15
Authorization Act for Fiscal Year 2023 (Public Law 117–
16
263; 10 U.S.C. 167b) is amended—
17
(1) by striking ‘‘program executive office’’ each
18
place that it appears and inserting ‘‘portfolio acqui-
19
sition executive office’’; and
20
(2) in subsection (c), by striking ‘‘PROGRAM
21
EXECUTIVE OFFICE’’ in the subsection heading and
22
inserting ‘‘PORTFOLIO ACQUISITION EXECUTIVE OF-
23
FICE’’.
24
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(g) TECHNOLOGY RELEASE AND FOREIGN DISCLO-
1
SURE REFORM INITIATIVE.—Section 918(a)(2)(D)(ii) of
2
the National Defense Authorization Act for Fiscal Year
3
2024 (Public Law 118–31; 10 U.S.C. 301 note) is amend-
4
ed by striking ‘‘program executive officer’’ and inserting
5
‘‘portfolio acquisition executive’’.
6
(h) SOFTWARE DEVELOPMENT AND SOFTWARE AC-
7
QUISITION TRAINING AND MANAGEMENT PROGRAMS.—
8
Section 862 of the National Defense Authorization Act for
9
Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1741
10
note) is amended—
11
(1) in subsection (a)(2)(A), by striking ‘‘pro-
12
gram executive officers’’ and inserting ‘‘portfolio ac-
13
quisition executives’’; and
14
(2) in subsection (c)(1)—
15
(A) in the paragraph heading, by striking
16
‘‘PROGRAM EXECUTIVE OFFICER’’ and inserting
17
‘‘PORTFOLIO ACQUISITION EXECUTIVE’’; and
18
(B) by striking ‘‘program executive officer’’
19
and inserting ‘‘portfolio acquisition executive’’.
20
(i) AUTHORITY TO ESTABLISH DIFFERENT MINIMUM
21
REQUIREMENTS.—Section 1764(b)(2) of title 10, United
22
States Code, is amended by striking ‘‘Program executive
23
officer’’ and inserting ‘‘Portfolio acquisition executive’’.
24
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(j) PRIZES FOR ADVANCED TECHNOLOGY ACHIEVE-
1
MENTS.—Section 4025(g)(2)(C) of title 10, United States
2
Code, is amended by striking ‘‘program executive officer’’
3
both places it appears and inserting ‘‘portfolio acquisition
4
executive’’.
5
(k) RATING CHAINS FOR SYSTEM PROGRAM MAN-
6
AGERS.—Section 323 of the National Defense Authoriza-
7
tion Act for Fiscal Year 2013 (Public Law 112–239; 126
8
Stat. 1696) is amended by striking ‘‘program executive
9
officer’’ and inserting ‘‘portfolio acquisition executive’’.
10
(l) SPACE SYSTEM ACQUISITION AND THE ADAPTIVE
11
ACQUISITION FRAMEWORK.—Section 807 of the William
12
M. (Mac) Thornberry National Defense Authorization Act
13
for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
14
9081 note) is amended—
15
(1) in subsection (b)(1)—
16
(A) in the paragraph heading, by striking
17
‘‘PROGRAM EXECUTIVE OFFICER’’ and inserting
18
‘‘PORTFOLIO ACQUISITION EXECUTIVE’’; and
19
(B) by striking ‘‘program executive officer’’
20
and inserting ‘‘portfolio acquisition executive’’;
21
and
22
(2) in subsection (e)(6)—
23
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(A) in the paragraph heading, by striking
1
‘‘PROGRAM EXECUTIVE OFFICER’’ and inserting
2
‘‘PORTFOLIO ACQUISITION EXECUTIVE’’; and
3
(B) by striking ‘‘program executive officer’’
4
and inserting ‘‘portfolio acquisition executive’’.
5
SEC. 802. CAPSTONE REQUIREMENTS.
6
Chapter 221 of title 10, United States Code, is
7
amended by adding at the end the following new section:
8
‘‘§ 3209. Capstone requirements
9
‘‘(a) IN GENERAL.—The Secretary of each military
10
department shall establish a capstone requirement ap-
11
proach for three or more portfolio acquisition executives
12
for which that official has responsibility to enable greater
13
speed, agility, and innovation in fielding military capabili-
14
ties. Each such capstone requirement shall be established
15
in consultation with the Joint Requirements Oversight
16
Council.
17
‘‘(b) ELEMENTS.—Under the capstone requirements
18
for an acquisition portfolio, the Secretary of the military
19
department shall—
20
‘‘(1) develop a general set of requirements for
21
the acquisition portfolio in accordance with sub-
22
section (c) under which programs or projects may be
23
initiated;
24
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‘‘(2) authorize the portfolio acquisition execu-
1
tive or similar portfolio manager for the portfolio to
2
change the scope and requirements for programs
3
within the portfolio, subject to subsection (d);
4
‘‘(3) assign representatives of operational forces
5
to the acquisition portfolio and authorize them to
6
perform the functions specified in subsection (e);
7
‘‘(4) maximize commercial market research, the
8
use of commercial and nondevelopmental items, and
9
minimum viable products to shape capability scope
10
and requirements;
11
‘‘(5) authorize the portfolio acquisition execu-
12
tive or similar portfolio manager to resource and ac-
13
quire commercial or non-developmental items under
14
the capstone requirement by validating the need with
15
the representatives assigned under paragraph (3);
16
‘‘(6) manage information technology require-
17
ments using dynamically prioritized lists of user
18
needs rather than large static requirements docu-
19
ments; and
20
‘‘(7) iteratively define, prioritize, and refine re-
21
quirements at the portfolio, program, and iteration
22
levels based on user input, previous deliveries, and
23
continuous commercial market research.
24
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‘‘(c) CAPSTONE SET OF REQUIREMENTS.—The cap-
1
stone set of requirements for an acquisition portfolio de-
2
veloped under subsection (b)(1) shall be designed—
3
‘‘(1) to guide the iterative delivery of an inte-
4
grated suite of capabilities to maximize operational
5
impact;
6
‘‘(2) to provide enduring themes based on stra-
7
tegic needs and relevant concepts of operation, not
8
system-specific;
9
‘‘(3) to include measures of force effectiveness
10
for a force mix of capabilities to be measured
11
against; and
12
‘‘(4) to include kill chains, effects chains, vi-
13
gnettes of operational scenarios, the effect of timely
14
delivery of capability, and related mission engineer-
15
ing initiatives across the Department of Defense.
16
‘‘(d) AUTHORITY TO REVISE PROGRAMS WITHIN A
17
PORTFOLIO.—The authority under subsection (b)(2)—
18
‘‘(1) shall be carried out in consultation with
19
operational commands and the Joint Requirements
20
Oversight Council; and
21
‘‘(2) does not include authority to change key
22
performance parameters for a major defense acquisi-
23
tion program.
24
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‘‘(e) FUNCTIONS
OF OPERATIONAL REPRESENTA-
1
TIVES.—An operational representative assigned to an ac-
2
quisition portfolio under subsection (b)(3) shall be pro-
3
vided authority—
4
‘‘(1) to shape the vision and priorities for key
5
capability areas;
6
‘‘(2) to provide the acquisition community and
7
developers insights into operations;
8
‘‘(3) to provide feedback on interim develop-
9
ments;
10
‘‘(4) to validate the suitability of existing com-
11
mercial or non-developmental items, or the likelihood
12
that the commercial market may be enticed to
13
produce those items, or, as a last resort, validate
14
that no commercial vendor will ever produce a suit-
15
able product and a developmental program is nec-
16
essary;
17
‘‘(5) to foster collaboration among the acquisi-
18
tion community, developers, and users of the capa-
19
bility to be fielded; and
20
‘‘(6) to provide advice to the portfolio acquisi-
21
tion executive or similar portfolio manager.’’.
22
SEC. 803. MODIFICATION TO ACQUISITION STRATEGY.
23
(1) Section 4211 of title 10, United States
24
Code, is amended—
25
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(1) in subsection (b), by striking ‘‘the Under
1
Secretary
of
Defense
for
Acquisition
and
2
Sustainment, or the milestone decision authority,
3
when the milestone decision authority is the service
4
acquisition executive of the military department that
5
is managing the program,’’ and inserting ‘‘the port-
6
folio acquisition executive, or the decision authority,
7
when the decision authority is the service acquisition
8
executive of the military department or the Under
9
Secretary
of
Defense
for
Acquisition
and
10
Sustainment,’’;
11
(2) in subsection (c)—
12
(A) in paragraph (1)—
13
(i) by striking ‘‘the Under Secretary,
14
or the milestone decision authority, when
15
the milestone decision authority is the
16
service acquisition executive of the military
17
department that is managing the pro-
18
gram,’’ and inserting ‘‘the portfolio acqui-
19
sition executive, or the decision authority,
20
when the decision authority is the service
21
acquisition executive of the military depart-
22
ment or the Under Secretary of Defense
23
for Acquisition and Sustainment,’’;
24
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(ii) by amending subparagraph (A) to
1
read as follows:
2
‘‘(A) the strategy clearly describes the pro-
3
posed business case and capability management
4
approach for the program or system, and to the
5
maximum extent practicable, describes how a
6
portfolio of capabilities within an enduring set
7
of requirements will be developed, procured, and
8
fielded rather than detailing a specific end-
9
item;’’; and
10
(iii) in subparagraph (B), by striking
11
‘‘how the strategy is designed to be imple-
12
mented with available resources, such as
13
time, funding, and management capacity’’
14
and inserting ‘‘the resources, such as time,
15
funding, and management capacity re-
16
quired to deliver the capability’’; and
17
(B) by amending paragraph (2) to read as
18
follows:
19
‘‘(2) Each strategy shall, where appropriate,
20
consider the following:
21
‘‘(A) An approach that delivers required
22
capabilities in increments, each depending on
23
available mature technology, and that recog-
24
nizes up front the need for future capability im-
25
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provements or transitions to alternative end-
1
items through use of continuous competition.
2
‘‘(B) Requirements related to logistics,
3
maintenance, and sustainment in accordance
4
with sections 2464 and 2466 of this title, and
5
the acquisition of technical data, computer soft-
6
ware, and associated licenses, to enable such re-
7
quirements in accordance with sections 3771
8
through 3775 of this title.
9
‘‘(C) A process for collaborative interaction
10
and market research with the science and tech-
11
nology community, including Department of
12
Defense science and technology reinvention lab-
13
oratories, government innovation cells, aca-
14
demia, small businesses, nontraditional defense
15
contractors, and other contractors.
16
‘‘(D) Identification of enterprise-wide de-
17
signs and standards in support of an architec-
18
ture that provides for an integrated suite of ca-
19
pabilities that focuses on simplicity of imple-
20
mentation and speed of delivery.
21
‘‘(E) Overarching roadmaps that create in-
22
tegrated strategic schedules of legacy systems
23
and new capabilities and a mapping of enduring
24
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requirements to elements of the portfolio of ca-
1
pabilities.
2
‘‘(F) A contracting strategy that develops
3
long-term partnerships with multiple companies
4
to actively contribute to architectures, develop-
5
ment, production, and sustainment across the
6
portfolio of capabilities by decomposing large
7
systems into smaller sets of projects across time
8
and technical component.
9
‘‘(G) An assignment of roles and respon-
10
sibilities to the acquisition workforce within the
11
portfolio acquisition executive, identification of
12
external stakeholder dependencies, and the need
13
for subject matter expert inputs at critical
14
points in the program, including the need for
15
special hiring authority or advisory and assist-
16
ance services.
17
‘‘(H) A process of testing and experimen-
18
tation with the test community and end users
19
to ensure continuous user feedback, acceptance,
20
and development of concepts of operations.’’;
21
and
22
(4) by striking subsections (d) and (e) and in-
23
serting the following:
24
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‘‘(d) REVIEW.—The decision authority shall review
1
and approve, as appropriate, the acquisition strategy for
2
a major defense acquisition program or major system
3
prior to the acquisition decision memorandum and ensure
4
that the strategy is updated at regular intervals to incor-
5
porate significant changes to program requirements,
6
resourcing, or acquisition decisions.
7
‘‘(e) DECISION AUTHORITY DEFINED.—In this sec-
8
tion, the term ‘decision authority’, with respect to a major
9
defense acquisition program or major system, means the
10
official within the Department of Defense designated with
11
the overall responsibility and authority for acquisition de-
12
cisions for the program or system, including authority to
13
approve entry of the program or system into the next
14
phase of the acquisition process.’’.
15
SEC. 804. MODIFICATIONS TO MODULAR OPEN SYSTEMS
16
APPROACH.
17
(a) IN GENERAL.—Section 4401 of title 10, United
18
States Code, is amended to read as follows:
19
‘‘§ 4401. Definitions
20
‘‘In this chapter:
21
‘‘(1) The term ‘authorized third party’ means
22
an entity approved by the Department of Defense to
23
access
developer
resources
for
integration
or
24
sustainment.
25
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‘‘(2) The term ‘industry standards’ means wide-
1
ly adopted technical standards or protocols from rec-
2
ognized organizations.
3
‘‘(3) The term ‘machine-readable format’ means
4
a format that can be easily processed by a computer
5
without human intervention.
6
‘‘(4) The term ‘major system component’ —
7
‘‘(A) means a high-level subsystem or as-
8
sembly, including hardware, software, or an in-
9
tegrated assembly of both, that can be mounted
10
or installed on a major system platform through
11
modular system interfaces; and
12
‘‘(B) includes a subsystem or assembly
13
that is likely to have additional capability re-
14
quirements, is likely to change because of evolv-
15
ing technology or threat, is needed for inter-
16
operability, facilitates incremental deployment
17
of capabilities, or is expected to be replaced by
18
another major system component.
19
‘‘(5) The term ‘major system platform’ means
20
the highest level structure of a system that is not
21
physically mounted or installed onto a higher level
22
structure and on which a major system component
23
can be physically mounted or installed.
24
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‘‘(6) The term ‘modular open systems approach
1
(MOSA)’ means a system design approach using
2
modular systems, enabling innovation and competi-
3
tion in the development, sustainment, or upgrade of
4
weapon systems.
5
‘‘(7) The term ‘modular system’ refers to a
6
weapon system or weapon system component that—
7
‘‘(A) is able to execute independently with-
8
out relying on the execution of other specific
9
systems or components;
10
‘‘(B) can communicate across component
11
boundaries and through modular system inter-
12
faces; and
13
‘‘(C) functions as a module that can be
14
separated, recombined, and connected with
15
other weapon systems or weapon systems com-
16
ponents in order to achieve various effects, mis-
17
sions, or capabilities.
18
‘‘(8) The term ‘modular systems interfaces’
19
means a shared boundary between modular systems,
20
defined by various physical, logical, and functional
21
characteristics,
such
as
electrical,
mechanical,
22
fluidic, optical, radio frequency, data, networking, or
23
software elements, that is free of proprietary restric-
24
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tions and documented via a machine-readable for-
1
mat, including—
2
‘‘(A) software-defined interface syntax and
3
properties, specifically governing how values are
4
validly passed to and received;
5
‘‘(B) definition of the relationship between
6
the delivered interface and interfaces available
7
in the repositories established pursuant to sec-
8
tion 4403 of this title; and
9
‘‘(C) test cases, including example code,
10
demonstrating the proper use of the modular
11
systems interface.
12
‘‘(9) The term ‘operational data’ means govern-
13
ment-owned data generated by or necessary for sys-
14
tem operation, maintenance, or enhancement.’’.
15
(b) REQUIREMENTS.—Section 4402 of title 10,
16
United States Code, is amended by striking subsections
17
(a) through (f) and inserting the following:
18
‘‘(a) PROGRAM COMPLIANCE AND MOSA IMPLEMEN-
19
TATION.—(1) The Secretary of Defense shall ensure that
20
every major defense acquisition program (as defined in
21
section 4201 of this title) submits a modular open systems
22
approach (MOSA) implementation plan within its acquisi-
23
tion strategy, detailing compliance with this section. Other
24
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defense acquisition programs shall incorporate MOSA to
1
the maximum extent practicable.
2
‘‘(2) In the case of a major defense acquisition pro-
3
gram that uses a modular open system approach, the ac-
4
quisition strategy required under section 4211 of this title
5
shall—
6
‘‘(A) clearly describe the modular open system
7
approach to be used for the program;
8
‘‘(B) differentiate between the major system
9
platform and major system components being devel-
10
oped under the program, as well as major system
11
components developed outside the program that will
12
be integrated into the major defense acquisition pro-
13
gram;
14
‘‘(C) clearly describe the evolution of major sys-
15
tem components that are anticipated to be added,
16
removed, or replaced in subsequent increments;
17
‘‘(D) clearly describe security classification re-
18
quirements for each major system component as re-
19
lated to the modular system interface for that com-
20
ponent;
21
‘‘(E) clearly describe how intellectual property
22
and
related
issues,
such
as
technical
data
23
deliverables, that are necessary to support a modular
24
open system approach, will be addressed; and
25
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‘‘(F) clearly describe the approach to systems
1
integration and systems-level configuration manage-
2
ment to ensure mission and information assurance.
3
‘‘(3) Contracts for covered programs shall include en-
4
forceable clauses requiring delivery of data rights con-
5
sistent with sections 3771 through 3775 of this title and
6
modular systems interfaces as specified in subsection (c).
7
‘‘(b) WAIVERS AND EXCEPTIONS.—The Secretary of
8
Defense may waive specific MOSA requirements, or devi-
9
ate from the requirements in subsection (c), for a program
10
only if—
11
‘‘(1) deviation would demonstrably impair na-
12
tional security or operational capability; and
13
‘‘(2) a detailed justification is submitted to the
14
congressional defense committees not later than 30
15
days after issuing the waiver.
16
‘‘(c) MOSA REQUIREMENTS.—(1) All covered pro-
17
grams shall require the use of modular systems, includ-
18
ing—
19
‘‘(A) modular systems interfaces published to
20
the repositories established pursuant to section 4403
21
of this title;
22
‘‘(B) delivery of sufficient data rights to share
23
developer resources with authorized third parties for
24
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government purposes, as determined by the Sec-
1
retary of Defense;
2
‘‘(C) allowing for the use of existing industry
3
standards for interfaces where applicable;
4
‘‘(D) government ownership of operational data
5
in a usable, nonproprietary format, extractable with-
6
out original equipment manufacturer dependency;
7
and
8
‘‘(E) system designs allowing integration of new
9
or substitute modules with minimal manual reconfig-
10
uration, provided they conform to relevant modular
11
systems interfaces published to the repositories.
12
‘‘(2) The Secretary of Defense, secretaries of military
13
departments, and commanders of combatant commands
14
with acquisition authorities shall not—
15
‘‘(A) unless required for operational compat-
16
ibility with existing legacy systems, mandate specific
17
internal technical implementations, data structures,
18
defense specific standards, or formats beyond the
19
necessity that there are modular systems with mod-
20
ular systems interfaces published to the relevant re-
21
pository; or
22
‘‘(B) permit contracts restricting government
23
control over developer resources or operational data,
24
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or locking the government into a single vendor, ab-
1
sent a national security exemption.
2
‘‘(3) Contractors providing modular systems shall
3
upload required modular systems interface data to an ap-
4
propriate repository. Contract closeout shall not occur
5
until such uploads are verified by the contracting officer.
6
‘‘(d) IMPLEMENTATION AND FLEXIBILITY.—(1) Not
7
later than one year after the date of the enactment of this
8
subsection, the Under Secretary of Defense for Acquisition
9
and Sustainment shall issue regulations and guidance to
10
implement this section across military departments, De-
11
fense agencies, and combatant commands.
12
‘‘(2) The requirements of this section shall not apply
13
to programs with approved acquisition strategies at the
14
time of the date of the enactment of this subsection.
15
‘‘(3) Requirements shall not prescribe specific tech-
16
nologies or limit contractor innovation, provided interface
17
documentation obligations are met, nor exclude new en-
18
trants or small businesses capable of compliance.
19
‘‘(4) Requirements shall not force the use of industry
20
or consensus-based standards except as necessary to inter-
21
face with existing systems using such standards.’’.
22
(c) REPOSITORIES AND INTERFACE ACCESS.—Sec-
23
tion 4403 of title 10, United States Code, is amended by
24
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striking paragraphs (1) and (2) and inserting the fol-
1
lowing new paragraphs:
2
‘‘(1) establish a federated set of digital reposi-
3
tories within the Department of Defense to store
4
modular systems interfaces required under sub-
5
section (c) of section 4402 of this title, which
6
shall—
7
‘‘(A) feature authentication and access
8
controls to protect sensitive data;
9
‘‘(B) enable contractors to publish and
10
manage their contributions (at approved access
11
levels) with accountability and version control;
12
‘‘(C) be searchable and accessible to au-
13
thorized Department of Defense components
14
and contractors based on access levels; and
15
‘‘(D) incorporate cybersecurity measures
16
consistent with Department of Defense stand-
17
ards;
18
‘‘(2) ensure distribution of interfaces to pro-
19
mote interoperability, consistent with the require-
20
ments of section 3771 of this title, by—
21
‘‘(A) providing access to interfaces and rel-
22
evant documentation in the repository estab-
23
lished in paragraph (1) to authorized Federal
24
Government and nongovernmental entities; and
25
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‘‘(B) restricting nongovernmental entities
1
that receive access under subparagraph (A)
2
from further release, disclosure, or use such
3
data except as authorized;’’.
4
SEC. 805. ALTERNATIVE TEST AND EVALUATION PATHWAY
5
FOR
DESIGNATED
DEFENSE
ACQUISITION
6
PROGRAMS.
7
(a) AUTHORITY.—The Secretary of Defense shall
8
issue guidance to establish an alternative test and evalua-
9
tion (T&E) pathway for certain Department of Defense
10
acquisition programs to enhance agility, accelerate deliv-
11
ery of capabilities, and ensure data-driven decisionmaking,
12
while maintaining independent oversight of evaluation out-
13
comes.
14
(b) ALTERNATIVE TEST AND EVALUATION PATH-
15
WAY.—The Secretary of Defense shall establish an alter-
16
native test and evaluation pathway for covered programs
17
that includes the following requirements:
18
(1) For each covered program, the military de-
19
partment concerned, through its service test activi-
20
ties, shall—
21
(A) design and execute a unified test and
22
evaluation strategy that aligns developmental
23
testing (DT) and operational testing (OT) to a
24
single set of test objectives that build system
25
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understanding throughout the test program to
1
more effectively support capability delivery
2
within rapid prototyping and iterative updates
3
with early and continuous operational feedback;
4
(B) develop and execute a test data strat-
5
egy, updated as needed, that includes—
6
(i) collection of raw data from system
7
components during test events and oper-
8
ational activities, including submission of
9
industry derived data from their develop-
10
ment and testing evolutions;
11
(ii) evaluation criteria to assess the
12
mission effects and suitability of the sys-
13
tem based on the data to be collected, in-
14
cluding from live-fire test events, if appli-
15
cable;
16
(iii) a process for independently vali-
17
dating industry test results, if needed;
18
(iv) provision of resources for auto-
19
mated data collection, storage, and access;
20
and
21
(v) automated analytics tools to assess
22
performance trends, reliability, and main-
23
tenance needs;
24
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(C) incorporate, to the maximum extent
1
practicable, best practices such as—
2
(i) hardware-in-the-loop testing to
3
validate system integration;
4
(ii) continuous data collection from
5
prototypes and fielded systems to refine
6
designs and update lifecycle costs;
7
(iii)
test
subsystem
prototypes
8
throughout system development to assess
9
their contribution to the mission effect of
10
the fielded system; and
11
(iv) integration of supporting or com-
12
plementary data from digital twins or
13
other model-based systems engineering
14
tools;
15
(D) define general test and evaluation ob-
16
jectives and data needs while allowing detailed
17
execution plans to evolve based on test results
18
and emerging requirements, avoiding rigid mile-
19
stone-driven schedules; and
20
(E) ensure all raw test data and associated
21
analytics are owned by the government, stored
22
in accessible repositories, and available to au-
23
thorized Department entities, including the Di-
24
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rector of Operational Test & Evaluation
1
(DOT&E), throughout the program lifecycle.
2
(2) Covered programs under this pathway shall
3
be exempt from—
4
(A) the requirement to develop and submit
5
a Test and Evaluation Master Plan (TEMP)
6
under Department of Defense Instruction
7
5000.02 or other policies, provided a unified
8
test and evaluation strategy and data strategy
9
under subparagraphs (A) and (B) of paragraph
10
(1) are implemented;
11
(B)
milestone-specific
operational
test
12
events, such as Initial Operational Test and
13
Evaluation (IOT&E), mandated under section
14
4171 of title 10, United States Code, or related
15
regulations; and
16
(C) any other test and evaluation docu-
17
mentation or approval processes that the Sec-
18
retary determines are inconsistent with the
19
agile and iterative nature of this pathway.
20
(c) ROLE OF THE DIRECTOR OF OPERATIONAL TEST
21
AND EVALUATION.—For covered programs under the al-
22
ternative test and evaluation pathway designated for over-
23
sight by the Director of Operational Test and Evaluation,
24
the Director of Operational Test and Evaluation shall—
25
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(1) provide independent evaluation of test data
1
across all phases of the program lifecycle, includ-
2
ing—
3
(A) assessing the sufficiency of the pro-
4
gram’s test and evaluation strategy and data
5
strategy to demonstrate military effectiveness;
6
(B) evaluating whether the program col-
7
lects and analyzes sufficient raw data, learns
8
from test results at a pace relevant to oper-
9
ational needs, and converges on military effec-
10
tiveness based on data trends;
11
(C) identifying deficiencies in test and
12
evaluation strategies that risk system perform-
13
ance, suitability, or survivability; and
14
(D) providing continuous oversight through
15
ongoing analysis of test data;
16
(2) have unrestricted access to all raw test
17
data, data repositories, and analytics maintained by
18
military departments for covered programs;
19
(3) not require of covered programs—
20
(A) specific test plans, execution methods,
21
or documentation formats or require pre-ap-
22
proval of test and evaluation activities as a con-
23
dition of testing, data collection, or evaluation;
24
or
25
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(B) Director of Operational Test and Eval-
1
uation-approved Test and Evaluation Master
2
Plans or other pre-execution documentation
3
under existing policies; and
4
(4) include in its annual report to Congress
5
under section 139(h) of title 10, United States Code,
6
a summary of the adequacy of data strategies, rates
7
of learning, and risks that aligns with the evaluation
8
processes established in this section.
9
(d) GUIDANCE REQUIRED.—Not later than 180 days
10
after the date of the enactment of this Act, the Secretary
11
of Defense, in consultation with the Secretaries of the
12
military departments and the Director of Operational Test
13
and Evaluation, shall issue guidance to implement the al-
14
ternative test and evaluation pathway, including standards
15
for data strategies and modern testing practices and pro-
16
cedures to support evaluation by the Director of Oper-
17
ational Test and Evaluation under subsection (c)(2).
18
(e) REPORT.—Not later than three years after the
19
date of the enactment of this Act, the Secretary of Defense
20
shall submit to the congressional defense committees a re-
21
port on the implementation of this section, including an
22
assessment of the effectiveness of the pathway in accel-
23
erating capability delivery and improving system perform-
24
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ance and any recommendations for expanding or modi-
1
fying the pathway.
2
(f) COVERED PROGRAM DEFINED.—In this section,
3
the term ‘‘covered program’’ means a defense acquisition
4
program that is—
5
(1) designated under the Software Acquisition
6
Pathway pursuant to section 3603 of title 10,
7
United States Code, initiated on or after the date of
8
the enactment of this Act; and
9
(2) designated by the Secretary of Defense on
10
or after the issuance of guidance under subsection
11
(d).
12
SEC. 806. DEPARTMENT OF DEFENSE MEMBER OF COST AC-
13
COUNTING STANDARDS BOARD.
14
The Department of Defense representative on the
15
Cost Accounting Standards Board pursuant to section
16
1501 of title 41, United States Code, shall be the Director
17
of Defense Pricing, Contracting, and Acquisition Policy or
18
its successor organization.
19
SEC. 807. COMBATANT COMMAND EXPERIMENTATION AU-
20
THORITY.
21
(a) AUTHORITY.—Each commander of a combatant
22
command shall have the authority to conduct experimen-
23
tation, prototyping, and technology demonstrations to sup-
24
port the development and testing of innovative tech-
25
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nologies and capability solutions to address operational
1
needs identified by the combatant command.
2
(b) PROCEDURES.—For activities carried out under
3
subsection (a), the commander of a combatant command
4
may use—
5
(1) operation and maintenance funds, including
6
for the purchase of items having an investment item
7
unit cost not greater than the Office of the Under
8
Secretary of Defense (Comptroller) guidance regard-
9
ing threshold for determination of expense and in-
10
vestment costs; and
11
(2) special contracting authorities described in
12
section 843 of the National Defense Authorization
13
Act for Fiscal Year 2024 (Public Law 118–31; 10
14
U.S.C. 3601 note), provided that the procedures de-
15
scribed in such section are followed.
16
(c) RECOMMENDATION
FOR FOLLOW-ON PRODUC-
17
TION.—Upon completion of an experiment, prototype, or
18
technology demonstration, if a combatant command sub-
19
mits a written determination that the demonstrated tech-
20
nology or capability successfully meets the operational
21
need of the combatant command, the written determina-
22
tion may be used to fulfill the following requirements:
23
(1) A justification for using other than competi-
24
tive procedures under section 3204 of title 10,
25
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United States Code, or follow-on production authori-
1
ties under section 4022 of such title, to acquire the
2
technology or capability which was successfully dem-
3
onstrated.
4
(2) A validated capability needs statement or
5
other requirement document.
6
Subtitle B—Amendments to Gen-
7
eral
Contracting
Authorities,
8
Procedures, and Limitations
9
SEC. 821. MODIFICATION TO NONTRADITIONAL DEFENSE
10
CONTRACTOR DEFINITIONS.
11
Section 3014 of title 10, United States Code, is
12
amended—
13
(1) by striking ‘‘means an entity that is not
14
currently performing’’ and inserting the following:
15
‘‘means an entity that—
16
‘‘(1) is not currently performing’’; and
17
(2) by striking ‘‘such section.’’ and inserting
18
the following: ‘‘such section; or
19
‘‘(2) does not qualify as a covered segment as
20
defined under the Defense Federal Acquisition Reg-
21
ulation Supplement 231.205–18 or successor regula-
22
tion.’’.
23
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SEC. 822. FINANCING FOR COVERED ACTIVITIES.
1
(a) FINANCING COSTS.—Financing costs incurred for
2
a covered activity shall be allowable and allocable as a di-
3
rect or an indirect overhead cost for contracts and sub-
4
contracts of the Department of Defense, provided such
5
costs are—
6
(1) reasonable in amount and consistent with
7
prevailing market rates for similar financing; and
8
(2) incurred to pay a financing entity.
9
(b) DEFINITIONS.—In this section:
10
(1) The term ‘‘covered activity’’ means an activ-
11
ity taken by a prime contractor or subcontractor—
12
(A) to manage an inventory of completed
13
products or components used in production;
14
(B) to improve inventory management of
15
products
or
components
necessary
for
16
sustainment or maintenance;
17
(C) to materially expand the capacity of
18
production or sustainment and maintenance
19
through capital expenditures; or
20
(D) to carry out any other purpose identi-
21
fied by the Secretary of Defense.
22
(2) The term ‘‘financing costs’’ means interest
23
on borrowings, bond discounts, and costs of financ-
24
ing and refinancing capital.
25
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(3) The term ‘‘financing entity’’ means any cor-
1
poration, limited liability company, partnership,
2
trust, or other organization that is created under
3
Federal or State law and that, as part of its regular
4
business activities, extends credit, loans, or other
5
forms of financing to other persons or entities, pro-
6
vided that such legal entity is not owned by, con-
7
trolled by, or under common control with the person
8
or entity receiving such financing.
9
SEC. 823. EXEMPTIONS FOR NONTRADITIONAL DEFENSE
10
CONTRACTORS.
11
Nontraditional defense contractors, as defined by sec-
12
tion 3014 of title 10, United States Code, shall not be
13
subject to any of the following requirements:
14
(1) Defense Federal Acquisition Regulation
15
Supplement 252.242–7006, or successor regulation.
16
(2) Defense Federal Acquisition Regulation
17
Supplement 252.234–7002, or successor regulation.
18
(3) Defense Federal Acquisition Regulation
19
Supplement 252.215–7002, or successor regulation.
20
(4) Defense Federal Acquisition Regulation
21
Supplement 252.242–7004, or successor regulation.
22
(5) Defense Federal Acquisition Regulation
23
Supplement 252.245–7003, or successor regulation.
24
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(6) Defense Federal Acquisition Regulation
1
Supplement 252.244–7001, or successor regulation.
2
(7) Defense Federal Acquisition Regulation
3
Supplement 252.242–7005, or successor regulation.
4
(8) Defense Federal Acquisition Regulation
5
Supplement 215.407, or successor regulation.
6
(9) Section 3702 of title 10, United States
7
Code.
8
(10) Part 31 of the Federal Acquisition Regula-
9
tion, or successor regulation.
10
SEC. 824. MODIFICATIONS TO TREATMENT OF CERTAIN
11
PRODUCTS AND SERVICES AS COMMERCIAL
12
PRODUCTS AND COMMERCIAL SERVICES.
13
Section 3457 of title 10, United States Code, is
14
amended—
15
(1) in subsection (a)—
16
(A) by inserting ‘‘(1)’’ before ‘‘Notwith-
17
standing’’;
18
(B) by striking ‘‘may be treated’’ and in-
19
serting ‘‘shall be treated’’; and
20
(C) by adding at the end the following new
21
paragraph:
22
‘‘(2) The requirement under paragraph (1) may be
23
waived or modified with a written determination approved
24
by the head of contracting activity, delegable to no lower
25
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than the senior contracting official. The written deter-
1
mination shall include a justification for why commercial
2
procedures should be waived or modified, such as tailored
3
market research demonstrating that potential suppliers
4
could not effectively provide the required product or serv-
5
ices under commercial procedures.’’;
6
(2) by striking subsection (b);
7
(3) by redesignating subsection (c) as sub-
8
section (b); and
9
(4) by adding at the end the following new sub-
10
section:
11
‘‘(c) PREFERENCE INAPPLICABLE.—The authority
12
under subsection (a)(1) shall not be construed to give pref-
13
erence to the purchase of a product or service pursuant
14
to section 3453 of this title solely on the basis that such
15
offered product or service is deemed commercial as a re-
16
sult of the exercise of such authority.’’.
17
SEC. 825. MODIFICATIONS TO COMMERCIAL PRODUCTS
18
AND COMMERCIAL SERVICES.
19
(a) IN GENERAL.—Section 3453 of title 10, United
20
States Code, is amended—
21
(1) in subsection (b), by striking ‘‘procurement
22
officials in that agency,’’ and inserting ‘‘acquisition
23
officials in that agency, including consultants, re-
24
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searchers, and any individuals providing advisory
1
services to acquisition officials,’’;
2
(2) in subsection (c), by redesignating para-
3
graphs (3) through (5) as paragraphs (4) through
4
(6), respectively;
5
(3) by inserting after paragraph (2) the fol-
6
lowing new paragraph:
7
‘‘(3) The head of an agency shall establish a process
8
for determinations regarding the non-availability of com-
9
mercial products or services, including that—
10
‘‘(A) a defense unique-development product or
11
service may not be procured until the head of the
12
agency determines that the market research con-
13
ducted in accordance with paragraph (2) of this sec-
14
tion resulted in no commercial product, commercial
15
service, or nondevelopmental item suitable to meet
16
the agency’s needs; and
17
‘‘(B) prior to acquiring a defense-unique devel-
18
opment product or service, a program manager shall,
19
consistent with the policies and regulations of the
20
Department of Defense, submit a written memo-
21
randum summarizing why a defense-development
22
unique product is required based on results of the
23
determination in subparagraph (A), which shall be
24
signed by the program executive officer.’’; and
25
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(4) by adding at the end the following new sub-
1
section:
2
‘‘(f) DEFINITION.—The term ‘defense-unique devel-
3
opment’ means a Department of Defense financed product
4
or service to provide a defense-unique capability that does
5
not repurpose a commercial product, commercial service,
6
or nondevelopmental item.’’.
7
(b) DETERMINATIONS.—Section 3456 of title 10,
8
United States Code, is amended—
9
(1) in subsection (a), by amending paragraph
10
(2) to read as follows:
11
‘‘(2) assist military departments and Defense
12
Agencies with performing market research and satis-
13
fying the requirements under section 3453 of this
14
title pertaining to market research and the deter-
15
mination regarding the non-availability of commer-
16
cial products or services and analysis used to deter-
17
mine the reasonableness of price for the purposes of
18
procurements by the Department of Defense.’’; and
19
(2) in subsection (b)(2), by inserting after the
20
first sentence the following: ‘‘The contracting officer
21
should consider the results summarized in the
22
memorandum issued by the program manager in ac-
23
cordance
with
the
requirement
in
section
24
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3453(c)(3)(B) of this title when issuing the written
1
commercial or noncommercial determination.’’.
2
SEC. 826. MODIFICATIONS TO COMMERCIAL SOLUTIONS
3
OPENINGS.
4
Section 3458 of title 10, United States Code, is
5
amended—
6
(1) by amending subsection (a) to read as fol-
7
lows:
8
‘‘(a) AUTHORITY.—The Secretary of Defense and the
9
Secretaries of the military departments may acquire com-
10
mercial products, commercial services, and nondevelop-
11
mental items through a competitive selection of proposals
12
resulting from a general solicitation and the peer review,
13
technical review, or operational review (as appropriate) of
14
such proposals, and may issue, without further justifica-
15
tion, follow-on contract awards or agreements, including
16
sole source awards or agreements, to the recipient.’’;
17
(2) by striking subsection (e);
18
(3) by redesignating subsection (c) and (d) as
19
subsections (d) and (e), respectively;
20
(4) by inserting after subsection (b) the fol-
21
lowing new subsection:
22
‘‘(c) SOLE-SOURCE FOLLOW-ON.—The Secretary of
23
Defense and the Secretaries of the military departments
24
may issue follow-on contract awards or agreements, in-
25
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cluding sole source awards, for any products, services, or
1
items acquired through the competitive procedures de-
2
scribed under subsection (a) subject to approval require-
3
ments in sections 3204 or 4022 of this title.’’.
4
(5) in subsection (d), as redesignated by para-
5
graph (2) of this section—
6
(A) by striking paragraph (1); and
7
(B) by redesignating paragraphs (2) and
8
(3) as paragraphs (1) and (2), respectively.
9
SEC. 827. MODIFICATIONS TO OTHER TRANSACTIONS.
10
Section 4022 of title 10, United States Code, is
11
amended—
12
(1) in subsection (a)(2)(B)(ii), by striking ‘‘at
13
least 30 days before’’ and inserting ‘‘at the time’’;
14
and
15
(2) by adding at the end the following new sub-
16
section:
17
‘‘(j) AUTHORITY TO AWARD A PRODUCTION TRANS-
18
ACTION TO RAPIDLY FIELD AN EXISTING CAPABILITY.—
19
A production transaction may be awarded, with or without
20
the use of competitive procedures, to acquire emergent and
21
proven technologies and field production quantities of new
22
or upgraded systems that do not require additional devel-
23
opment and have been demonstrated in a relevant environ-
24
ment when the appropriate service or component acquisi-
25
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tion executive determines in writing that exceptional cir-
1
cumstances justify the use of such a transaction to address
2
a high priority warfighter need. The Secretary of Defense
3
shall provide the written determination to the congres-
4
sional defense committees at the time such authority is
5
exercised.’’.
6
SEC. 828. MODIFICATIONS TO PROCUREMENT FOR EXPERI-
7
MENTAL PURPOSES.
8
Section 4023 of title 10, United States Code, is
9
amended—
10
(1) in subsection (a), by striking ‘‘ordnance,
11
signal, chemical activity, transportation, energy,
12
medical, space flight, telecommunications, and aero-
13
nautical supplies, including parts and accessories,
14
and designs thereof,’’ and inserting ‘‘demonstrations,
15
prototypes, products, supplies, parts, accessories,
16
auxiliary services, and design for defense-related ar-
17
ticles’’; and
18
(2) in subsection (b)—
19
(A) by inserting ‘‘or modified’’ after ‘‘may
20
be made’’; and
21
(B) by inserting ‘‘prototyping,’’ after
22
‘‘greater than necessary for’’.
23
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SEC. 829. CONSUMPTION-BASED SOLUTIONS.
1
Chapter 253 of title 10, United States Code, is
2
amended by adding at the end the following new section:
3
‘‘§ 3605. Authority to acquire consumption-based so-
4
lutions
5
‘‘(a) AUTHORITY.—The Secretary of Defense and the
6
Secretaries of the military departments may acquire tech-
7
nology-supported capabilities through consumption-based
8
solutions.
9
‘‘(b) GUIDANCE REQUIRED.—The Secretary of De-
10
fense shall amend the Defense Federal Acquisition Regu-
11
lation Supplement to implement the authority under sub-
12
section (a), including creating a new subcategory of serv-
13
ices under part 237 of the Defense Federal Acquisition
14
Regulation Supplement , entitled ‘Consumption-based so-
15
lutions’ that—
16
‘‘(1) is any combination of hardware, equip-
17
ment, software, labor, or services that together pro-
18
vides a seamless capability;
19
‘‘(2) has the ability to be metered and billed
20
based on actual usage;
21
‘‘(3) has predetermined pricing at fixed price
22
units;
23
‘‘(4) requires the awardee to notify the Depart-
24
ment of Defense contracting officer when consump-
25
tion under the contract reaches 75 percent and 90
26
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percent of the funded amount, respectively, of the
1
contract; and
2
‘‘(5) treats modifications to a contract entered
3
into under the authority established in subsection
4
(a) to add new features or capabilities in an amount
5
less than or equal to 25 percent of the total value
6
of such contract, as originally awarded, as competi-
7
tive procurements under chapter 221 of this title.
8
‘‘(c) FUNDING.—Amounts authorized to be appro-
9
priated for acquisitions using the authority under sub-
10
section (a)—
11
‘‘(1) may be used for expenses for—
12
‘‘(A) research, development, test and eval-
13
uation;
14
‘‘(B) procurement;
15
‘‘(C) production;
16
‘‘(D) modification; and
17
‘‘(E) operation and maintenance; and
18
‘‘(2) may be used to enter into incrementally
19
funded contracts or other agreements, including ad-
20
vanced payments.
21
‘‘(d) CONSUMPTION-BASED SOLUTION DEFINED.—In
22
this section, the term ‘consumption-based solution’ means
23
a model under which a technology-supported capability is
24
provided to the Department of Defense and may utilize
25
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any combination of software, hardware or equipment,
1
data, and labor or services that provides a capability that
2
is metered and billed based on actual usage at fixed price
3
units.
4
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
5
tion shall be construed to prohibit the use of the authority
6
created under this section in combination with another
7
contract type provided for under the Defense Federal Ac-
8
quisition Regulation Supplement.’’.
9
SEC. 830. MODIFICATIONS TO PROHIBITION ON CON-
10
TRACTING WITH PERSONS THAT HAVE FOS-
11
SIL FUEL OPERATIONS WITH THE GOVERN-
12
MENT OF THE RUSSIAN FEDERATION OR THE
13
RUSSIAN ENERGY SECTOR.
14
Section 804 of the National Defense Authorization
15
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
16
4651 note prec.) is amended—
17
(1) in subsection (a)(1)—
18
(A) by striking ‘‘not less than 50 percent’’
19
and inserting ‘‘majority’’; and
20
(B) in subparagraph (B), by striking ‘‘op-
21
erates’’ and inserting ‘‘has fossil fuel business
22
operations’’;
23
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(2) in subsection (b)(3), by inserting ″, includ-
1
ing by general license,″ after ‘‘Department of the
2
Treasury’’; and
3
(3) in subsection (e)—
4
(A) in paragraph (2)—
5
(i) by redesignating clauses (ii) and
6
(iii) as clauses (iii) and (iv), respectively;
7
and
8
(ii) by inserting after clause (i) the
9
following new clause:
10
‘‘(ii) activities related to fulfilling con-
11
tracts with a fossil fuel company that has
12
fossil fuel business operations in the Rus-
13
sian Federation that were entered into
14
prior to the date of the enactment of this
15
section;’’ and
16
(B) in paragraph (3), by inserting ‘‘that
17
has fossil fuel business operations’’ after ‘‘per-
18
son’’.
19
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SEC. 831. MODIFICATIONS TO RELATIONSHIP OF OTHER
1
PROVISIONS OF LAW TO PROCUREMENT OF
2
COMMERCIAL PRODUCTS AND COMMERCIAL
3
SERVICES.
4
Section 3452 of title 10, United States Code, is
5
amended by striking subsections (b) through (e) and in-
6
serting the following new subsections:
7
‘‘(b) APPLICABILITY
OF DEFENSE-UNIQUE STAT-
8
UTES TO CONTRACTS FOR COMMERCIAL PRODUCTS AND
9
COMMERCIAL SERVICES.—The Defense Federal Acquisi-
10
tion Regulation Supplement shall include a list of defense-
11
unique contract clause requirements based on statute, ex-
12
ecutive orders, or acquisition policies that are applicable
13
to contracts for the procurement of commercial products
14
and commercial services entered into by the Department
15
of Defense.
16
‘‘(c) APPLICABILITY
OF DEFENSE-UNIQUE STAT-
17
UTES TO SUBCONTRACTS FOR COMMERCIAL PRODUCTS
18
AND COMMERCIAL SERVICES.—(1) The Defense Federal
19
Acquisition Regulation Supplement shall include a list of
20
defense-unique contract clause requirements based on
21
statute, executive orders, or acquisition policies that are
22
applicable to subcontracts for the procurement of commer-
23
cial products and commercial services.
24
‘‘(2) In this subsection—
25
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‘‘(A) the term ‘other supply agreements’ means
1
any agreement entered into by a contractor or sub-
2
contractor for the supply of products, materials, or
3
services that are intended for use in the performance
4
of multiple contracts with the Department of De-
5
fense or other parties and are not identifiable to any
6
particular contract; and
7
‘‘(B) the term ‘subcontract’—
8
‘‘(i) includes a transfer of commercial
9
products and commercial services between divi-
10
sions, subsidiaries, or affiliates of a contractor
11
or subcontractor; and
12
‘‘(ii) does not include other supply agree-
13
ments.
14
‘‘(3) This subsection does not authorize the waiver
15
of the applicability of any provision of law or contract
16
clause requirement with respect to any first-tier sub-
17
contract under a contract with a prime contractor reselling
18
or distributing commercial products and commercial serv-
19
ices of another contractor without adding value.
20
‘‘(d) APPLICABILITY
OF DEFENSE-UNIQUE STAT-
21
UTES TO CONTRACTS FOR COMMERCIALLY AVAILABLE,
22
OFF-THE-SHELF ITEMS.—The Defense Federal Acquisi-
23
tion Regulation Supplement shall include a list of defense-
24
unique contract clause requirements based on statute, ex-
25
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ecutive orders, or acquisition policies that are applicable
1
to subcontracts for the procurement of commercially avail-
2
able off-the-shelf items entered into by the Department
3
of Defense.’’.
4
SEC. 832. LIMITATION ON REQUIRED FLOWDOWN OF CON-
5
TRACT CLAUSES TO SUBCONTRACTORS PRO-
6
VIDING COMMERCIAL PRODUCTS OR COM-
7
MERCIAL SERVICES.
8
Chapter 247 of title 10, United States Code, is
9
amended by adding at the end the following new section:
10
‘‘§ 3459. Limitation on required flowdown of contract
11
clauses to subcontractors providing com-
12
mercial products or commercial services
13
‘‘(a) IN GENERAL.—The Secretary of Defense may
14
not require that a clause be included in a subcontract for
15
the acquisition of commercial products or commercial serv-
16
ices other than a clause required by a provision of law
17
that is on the lists required by section 3452 of this title
18
or unless otherwise applicable pursuant to subsection (e)
19
of such section.
20
‘‘(b) APPLICABILITY
TO OTHER SUPPLY AGREE-
21
MENTS.—The Secretary of Defense shall not require the
22
flowdown of any contract clauses to other supply agree-
23
ments unless otherwise applicable pursuant to subsection
24
(e) of section 3452 of this title.
25
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‘‘(c) DEFINITIONS.—In this section, the terms ‘other
1
supply agreement’ and ‘subcontract’ have the meanings
2
provided in subsection (c)(2) of section 3452 of this title.’’.
3
SEC. 833. REFERENCES IN CONTRACTS TO DEPARTMENT
4
OF DEFENSE POLICY DOCUMENTS, INSTRUC-
5
TIONS, AND MANUALS.
6
It shall be the policy of the Department of Defense
7
that references to Department of Defense policy docu-
8
ments, instructions, and manuals in contracts shall con-
9
tain a specific version or date. If the version or date of
10
a policy document, instruction, or manual is not ref-
11
erenced, the contractor will comply with the version of the
12
document in effect at the time the solicitation is issued.
13
Updated versions of referenced policy documents, instruc-
14
tions, and manuals shall not apply unless mutually agreed.
15
SEC. 834. UNINSURABLE RISK ON CERTAIN CONTRACTS.
16
(a) CONSIDERATION OF RISK OF LOSS.—The Sec-
17
retary of Defense shall ensure that due consideration is
18
given to a contractor for equitable adjustments resulting
19
from the loss of work in process on a covered contract.
20
(b) LIMITATIONS.—Considerations limiting the con-
21
tractor’s assumption of the risk of loss in subsection (a)
22
shall not apply to loss caused by the willful misconduct
23
or lack of good faith on the part of any of the contractor’s
24
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directors or officers, managers, superintendents, or other
1
equivalent representatives.
2
(c) DEFINITIONS.—In this section:
3
(1) COVERED CONTRACT.—The term ‘‘covered
4
contract’’ means any classified, fixed-price type con-
5
tract, entered into with the Department of Defense
6
on or after the date of the enactment of this section
7
where, due to the classified nature of the underlying
8
program—
9
(A) the contractor cannot get a third-party
10
commercial insurance provider to insure the
11
work in process; or
12
(B) the third-party commercial insurance
13
provider cannot process the contractor’s claim.
14
(2) LACK OF GOOD FAITH.—The term ‘‘lack of
15
good faith’’ has the meaning given the term in sec-
16
tion 252.228–7001 of the Department of Defense
17
Supplement to the Federal Acquisition Regulation,
18
or any successor regulation.
19
(3) WILLFUL MISCONDUCT.—The term ‘‘willful
20
misconduct’’ has the meaning given the term in sec-
21
tion 252.228–7001 of the Department of Defense
22
Supplement to the Federal Acquisition Regulation,
23
or any successor regulation.
24
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(4) WORK IN PROCESS.—The term ‘‘work in
1
process’’—
2
(A) means an item at any stage of produc-
3
tion or manufacture at any time from the initi-
4
ation of contract performance until delivery to
5
and acceptance by the government; and
6
(B) specifically includes a ‘‘covered air-
7
craft’’ as that term is defined in section
8
252.228–7001 of the Department of Defense
9
Supplement to the Federal Acquisition Regula-
10
tion, or any successor regulation.
11
(d) CONFORMING REGULATIONS.—Not later than
12
120 days after the date of the enactment of this Act, the
13
Secretary of Defense shall revise the Department of De-
14
fense Supplement to the Federal Acquisition Regulation
15
to conform with the changes made by this section.
16
SEC. 835. REPORTING OF PRICE INCREASES.
17
(a) REPORTING OF INCREASES ABOVE SPECIFIED
18
PRICES.—Chapter 271 of title 10, United States Code, is
19
amended by adding at the end the following new section:
20
‘‘§ 3709. Reporting of increases above specified prices
21
‘‘(a) IN GENERAL.—An offeror shall be required to
22
report to the relevant contracting officer not later than
23
30 days after becoming aware that the price of a product
24
or service under a covered contract reaches or exceeds—
25
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‘‘(1) 25 percent above the price specified in the
1
contract bid or the government paid for that product
2
or service the previous calendar year; or
3
‘‘(2) 50 percent above the price paid for such
4
a product or service 5 years earlier.
5
‘‘(b) COVERED CONTRACT DEFINED.—In this sec-
6
tion, the term ‘covered contract’ means a cost-reimburse-
7
ment contract awarded without competition under section
8
3204 of this title and as defined under section 6.302 of
9
the Federal Acquisition Regulation.’’.
10
(b) INCLUSION OF NONCOMPLIANCE INFORMATION
11
IN FAPIIS.—Chapter 271 of title 10, United States Code,
12
as amended by subsection (a), is further amended by add-
13
ing at the end the following new section:
14
‘‘§ 3710. Inclusion of noncompliance information in
15
Federal Awardee Performance and Integ-
16
rity Information System
17
‘‘The Director of the Defense Contract Audit Agency
18
or the relevant service acquisition executive shall report
19
in the Federal Awardee Performance and Integrity Infor-
20
mation System (FAPIIS) housed within the System for
21
Award Management the following information:
22
‘‘(1) Contractors who fail to report price in-
23
creases as required under 3705(a)(2) of this title.
24
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‘‘(2) Updated findings from audits conducted
1
by the Agency regarding noncompliance with the re-
2
quirement.
3
‘‘(3) With respect to unreported product or
4
service price increases, the product or service’s Na-
5
tional Stock Number, order quantity, unit cost, total
6
cost, purchasing or reimbursing entity, and date of
7
the order.’’.
8
SEC. 836. INSTRUCTIONS FOR CONTINUED OPERATIONAL
9
READINESS.
10
(a) IN GENERAL.—Chapter 363 of title 10, United
11
States Code, is amended by adding at the end the fol-
12
lowing new section:
13
‘‘§ 4664. Instructions for continued operational readi-
14
ness
15
‘‘(a) REQUIREMENT TO DELIVER INSTRUCTIONS.—
16
(1) The Secretary of Defense (referred to in this section
17
as the ‘Secretary’) may not enter into a contract or agree-
18
ment for the procurement, sustainment, or subsequent
19
modifications of covered defense equipment unless the con-
20
tract or agreement requires that the contractor deliver, or
21
offer as a negotiated price option, Instructions for Contin-
22
ued Operational Readiness (‘ICOR’) to the Secretary upon
23
delivery of the equipment.
24
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‘‘(2) The Secretary may grant an exception to para-
1
graph (1) if the product support strategy and associated
2
business case analysis for the covered defense equipment
3
indicates that the Government does not have a justified
4
need for ICOR, consistent, when applicable, with section
5
3771 of this title.
6
‘‘(3) The contractor shall deliver the ICOR to the De-
7
partment of Defense (referred to in this section as the
8
‘Department’) and provide the Secretary with the rights
9
to diagnose, maintain, and repair the covered defense
10
equipment.
11
‘‘(4) The Secretary shall withhold payment to the
12
contractor under the contract or agreement until the Sec-
13
retary accepts the ICOR as complete under subsection
14
(c)(2).
15
‘‘(5) When ICOR are required to be delivered under
16
a contract or agreement, the Secretary shall ensure that
17
updated ICOR data is required as necessary in subsequent
18
contracts or agreements or included as priced options to
19
reflect modifications in data deliverables.
20
‘‘(b) CONTENTS OF INSTRUCTIONS FOR CONTINUED
21
OPERATIONAL READINESS.—A contractor for covered de-
22
fense equipment shall include in the ICOR, at a minimum,
23
data that is necessary for operations, maintenance, instal-
24
lation, and training, form fit, and function data, and any
25
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additional data required for operational readiness, which
1
may include—
2
‘‘(1) recommended methods, techniques, inspec-
3
tions, processes, procedures, maintenance manuals,
4
service bulletins, diagnostic procedures, proprietary
5
systems, special tooling, special testing procedures,
6
and equipment necessary to maintain, repair, and
7
sustain the covered defense equipment in a condition
8
for safe and effective operation, including diagnostic
9
protocols, troubleshooting guides, and overhaul in-
10
structions, consistent with the maintenance practices
11
of the contractor or those of the authorized mainte-
12
nance providers of the contractor;
13
‘‘(2) an operational limitations section (‘OLS’)
14
that includes mandatory schedules for replacement
15
of life-limited components, inspection intervals, and
16
other sustainment requirements critical to equip-
17
ment reliability and safety, approved by the Sec-
18
retary;
19
‘‘(3) engineering drawings, schematics, soft-
20
ware, and wiring diagrams;
21
‘‘(4) a complete list of replacement parts, com-
22
ponents, and specialized equipment required for
23
maintenance and repair, including part numbers,
24
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specifications, and sources, to ensure availability to
1
authorized maintenance providers;
2
‘‘(5) procedures for documenting maintenance
3
actions, life-limited component replacements, and
4
compliance with the OLS, including standardized
5
formats for maintenance logs to ensure traceability
6
and verification of operational readiness; and
7
‘‘(6) clear identification of maintenance infor-
8
mation essential for safe operation, distinguished
9
from non-safety-related service enhancements, to fa-
10
cilitate compliance with operational readiness re-
11
quirements.
12
‘‘(c) SUBMISSION, ACCEPTANCE, AND UPDATES.—(1)
13
A contractor shall submit the ICOR to the Secretary as
14
a contract deliverable prior to equipment delivery or within
15
a timeframe specified by the contract.
16
‘‘(2) The Secretary shall review and accept the ICOR,
17
verifying that they provide sufficient information to main-
18
tain the operational readiness of the equipment.
19
‘‘(3) In accordance with design changes and contract
20
modifications approved by the Secretary and in a manner
21
that is in accordance with subsection (a), the contractor
22
shall deliver updates to the ICOR for approval by the Sec-
23
retary whenever modifications, upgrades, safety issues, or
24
new sustainment requirements are identified.
25
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‘‘(d) MAINTENANCE
AND REPAIR PROVIDERS.—A
1
contractor shall not impose restrictions on the use of the
2
ICOR by authorized maintenance providers of the Depart-
3
ment, including requirements to use only contractor-sup-
4
plied parts, unless such restrictions are explicitly approved
5
by the Secretary as necessary for safety or operational re-
6
liability.
7
‘‘(e) CONDITIONS FOR ALTERNATIVE MAINTENANCE
8
AND REPAIR.—(1) Notwithstanding restrictions approved
9
by the Secretary pursuant to subsection (d), the Secretary
10
may authorize alternative maintenance or repair actions
11
for covered defense equipment, if any of the following con-
12
ditions are met:
13
‘‘(A) A program cannot reasonably obtain suffi-
14
cient data to maintain operational readiness.
15
‘‘(B) The contractor fails to deliver complete
16
and current ICOR.
17
‘‘(C) The contractor cannot deliver required
18
parts, repairs, or ICOR within a timeframe that
19
meets operational needs, as defined by the Secretary,
20
resulting in unacceptable readiness degradation.
21
‘‘(D) The contractor discontinues support for a
22
component or software critical to the equipment’s
23
operation without providing a viable substitute or
24
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sufficient ICOR to enable sustainment of the equip-
1
ment by the Department.
2
‘‘(E) An urgent operational or logistical cir-
3
cumstance, such as wartime conditions, active com-
4
bat, or disrupted logistics, necessitates immediate re-
5
pair or part production to maintain mission readi-
6
ness.
7
‘‘(F) The Secretary determines alternative
8
maintenance or repair actions would result in signifi-
9
cant cost savings.
10
‘‘(2) If an alternative action is authorized under para-
11
graph (1), the Secretary may—
12
‘‘(A) issue a written determination citing the
13
relevant condition described in paragraph (1), in-
14
cluding evidence of contractor practices that prevent
15
delivery of or restrict license rights to the ICOR in
16
a manner that may impede competition, consistent
17
with antitrust laws; and
18
‘‘(B) authorize data delivery for the alternative
19
action.
20
‘‘(3) If time permits, the Secretary shall notify the
21
contractor if any of the conditions described in paragraph
22
(1) are met and shall provide the contractor with not more
23
than 30 days to address the issue before the alternative
24
action is taken.
25
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‘‘(4) Alternative maintenance or repair actions may
1
include, but is not limited to, reverse engineering, use of
2
existing technical data, fabrication of parts by the Depart-
3
ment or third-party providers, or advanced manufacturing,
4
as necessary to restore operational readiness. This provi-
5
sion does not restrict the ability of the Secretary to employ
6
these practices in other contexts.
7
‘‘(f) CONTRACTOR RESPONSIBILITIES.—(1) A con-
8
tractor shall ensure the ICOR contains sufficient informa-
9
tion to maintain the operational readiness of the equip-
10
ment, including updates to address safety or performance
11
issues and necessary information on systems or compo-
12
nents produced by subcontractors.
13
‘‘(2) A contractor shall promptly notify the Secretary
14
of any safety-related deficiencies in the ICOR and provide
15
corrected materials at no additional cost.
16
‘‘(3) If a contractor fails to comply with the require-
17
ments of this section, the Secretary may withhold contract
18
payment, enforce contract penalties, take corrective ac-
19
tion, reduce contractor performance ratings, or exclude
20
the contractor from future contracts or agreements with
21
the Department.
22
‘‘(g) OVERSIGHT.—(1) The Secretary shall establish
23
procedures to verify contractor compliance with the re-
24
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quirements of this section, including periodic audits of the
1
content and availability and maintenance of ICOR.
2
‘‘(2) The Secretary shall maintain a centralized re-
3
pository of ICOR for covered defense equipment, acces-
4
sible to maintenance providers authorized by the Sec-
5
retary, to ensure consistent application.
6
‘‘(h) REPORT.—Not later than one year after the
7
date of the enactment of this section, and every year there-
8
after, the Secretary shall submit to the congressional de-
9
fense committees a list of the items designated as excluded
10
commercial items to which the requirement to deliver
11
ICOR does not apply.
12
‘‘(i) DEFINITIONS.—In this section:
13
‘‘(1) The term ‘covered defense equipment’
14
means any system, subsystem, or component pro-
15
cured by the Secretary, including aircraft, ships,
16
ground vehicles, electronic systems, and other sys-
17
tems, that require contractor-provided maintenance
18
or repair data to ensure operational readiness, ex-
19
cluding any excluded commercial items.
20
‘‘(2) The term ‘excluded commercial item’
21
means an unmodified product customarily used by
22
the general public or by nongovernmental entities or
23
sold, leased, or licensed to the general public and
24
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maintained under standard commercial practices, as
1
designated by the Secretary.
2
‘‘(3) The terms ‘Instructions for Continued
3
Operational Readiness’ and ‘ICOR’ mean contractor-
4
provided technical data, software, and other infor-
5
mation, including maintenance instructions and
6
manuals, operational limitations, parts identification,
7
record-keeping procedures, safety-related provisions,
8
engineering drawings, schematics, software, service
9
bulletins, wiring diagrams, diagnostic procedures,
10
and other data or information necessary to maintain
11
and repair covered defense equipment in a condition
12
for safe and effective operation.’’.
13
(b) COMPLIANCE OVERSIGHT.—Not later than two
14
years after the date of the enactment of this Act, and
15
every two years thereafter, the Comptroller General of the
16
United States shall submit to the congressional defense
17
committees a report that assesses—
18
(1) the compliance of the Secretary of Defense
19
with section 4664 of title 10, United States Code, as
20
added by subsection (a);
21
(2) the effectiveness of the requirements of sec-
22
tion 4664 in ensuring operational readiness and re-
23
ducing sustainment costs;
24
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(3) contractor compliance with the requirements
1
of section 4664;
2
(4) the frequency and impact of the conditions
3
described in section 4664(e)(1); and
4
(5) recommendations for improving the mainte-
5
nance and repair capabilities of the Department of
6
Defense.
7
(c) IMPLEMENTATION GUIDANCE.—Not later than
8
180 days after the date of the enactment of this Act, the
9
Secretary of Defense shall issue guidance to implement
10
this section that includes—
11
(1) procedures for integrating the requirements
12
of section 4664 of title 10, United States Code, as
13
added by subsection (a), into acquisition contracts
14
and agreements of the Department of Defense;
15
(2) the criteria for designating items as ex-
16
cluded commercial items, as defined in section
17
4664(i);
18
(3) processes for reviewing, accepting, and up-
19
dating instructions for continued operational readi-
20
ness (as defined in section 4664(i)) and operational
21
limitations sections, in accordance with section 4664;
22
(4) mechanisms for tracking contractor compli-
23
ance and resolving disputes over instructions for
24
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continued operational readiness and compensation;
1
and
2
(5) directions for the operation, repair, and
3
maintenance of defense equipment that government-
4
owned, government-operated entities of the Depart-
5
ment of Defense can use if the contract or agree-
6
ment for the defense equipment does not require the
7
delivery of ICOR.
8
(d) APPLICABILITY.—Section 4664 of title 10,
9
United States Code, as added by subsection (a), applies
10
to contracts and agreements for covered defense equip-
11
ment, as defined in subsection (i) of that section, entered
12
into on or after one year after the date of the enactment
13
of this Act.
14
SEC. 837. INDEMNIFICATION OF CONTRACTORS AGAINST
15
NUCLEAR
AND
UNUSUALLY
HAZARDOUS
16
RISKS.
17
(a) IN GENERAL.—The review of requests submitted
18
by a contractor to a Department of Defense contracting
19
officer pursuant to Public Law 85–804 (50 U.S.C. 1431
20
et seq.) for indemnification against nuclear and unusually
21
hazardous risks, including those involving the procurement
22
of commercial nuclear technology, shall include, to the
23
maximum extent practicable, input from the Defense Con-
24
tract Management Agency, including reviews of insurance
25
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markets and coverage availability from the Contractor In-
1
surance/Pension Review group.
2
(b) DEADLINE.— The review of all indemnification
3
requests submitted by contractors as described in sub-
4
section (a) shall be completed with a final decision on ap-
5
proval or denial, including an executed Memorandum of
6
Decision, within 90 days.
7
(c) DELEGATION.—The Secretary of each military
8
department should delegate authority to provide indem-
9
nification under Public Law 85–804 (50 U.S.C. 1431 et
10
seq.) for contracts relating to advanced nuclear energy
11
systems or components to such subordinate officials, com-
12
mands, or agencies as the Secretary determines appro-
13
priate to ensure timely and effective program execution.
14
SEC. 838. LATE SUBMISSION OF COST AND PRICING DATA
15
AS INVALID DEFENSE TO CONTRACT PRICE
16
REDUCTIONS FOR DEFECTIVE COST OR PRIC-
17
ING DATA.
18
Section 3706(c) of title 10, United States Code, is
19
amended—
20
(1) in paragraph (3), by striking ‘‘; or’’ and in-
21
serting a semicolon;
22
(2) in paragraph (4), by striking the period and
23
inserting ‘‘; or’’; and
24
(3) by adding at the end of the following:
25
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‘‘(5) the cost or pricing data were obtained by
1
or otherwise made available to the prime contractor
2
or subcontractor more than 30 days before, but sub-
3
mitted to the head of the agency after, the date of
4
agreement on the price of the contract or, if applica-
5
ble consistent with subsection (a)(2), such other date
6
agreed upon between the parties.’’.
7
SEC. 839. MODIFICATIONS TO SUBMISSIONS OF COST OR
8
PRICING DATA.
9
Section 3702(a) of title 10, United States Code, is
10
amended—
11
(1) in paragraph (1)—
12
(A) by striking ‘‘June 30, 2018’’ each
13
place it appears and inserting ‘‘June 30, 2026’’;
14
(B) in subparagraph (A), by striking
15
‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’;
16
and
17
(C) in subparagraph (B), by striking
18
‘‘$750,000’’ and inserting ‘‘$2,000,000’’;
19
(2) in paragraph (2), by striking ‘‘$2,000,000’’
20
and inserting ‘‘$10,000,000’’; and
21
(3)
in
subparagraph
(3)(A),
by
striking
22
‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’.
23
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Subtitle C—Industrial Base
1
Matters
2
SEC. 841. REPEAL OF LIMITATIONS ON CERTAIN DEPART-
3
MENT OF DEFENSE EXECUTIVE AGENT AU-
4
THORITY.
5
Section 1792 of the John S. McCain National De-
6
fense Authorization Act for Fiscal Year 2019 (Public Law
7
115–232; 132 Stat. 2238; 50 U.S.C. 4531 note) and sec-
8
tion 226 of the National Defense Authorization Act for
9
Fiscal Year 2018 (Public Law 115–91; 50 U.S.C. 4531
10
note) are repealed.
11
SEC. 842. SMALL UNMANNED AIRCRAFT SYSTEM INDUS-
12
TRIAL BASE REMEDIATION PLAN.
13
(a) IN GENERAL.—Not later than March 1, 2026, the
14
Under Secretary of Defense for Acquisition and
15
Sustainment, acting through the Director of the Joint
16
Production Accelerator Cell of the Department of Defense
17
and the Assistant Secretary of Defense for Industrial Base
18
Policy, shall submit to the congressional defense commit-
19
tees a strategy for ensuring that the defense industrial
20
base of the United States can meet requirements for small
21
unmanned aircraft systems (sUAS).
22
(b) COORDINATION.—In developing the strategy re-
23
quired under subsection (a), the Under Secretary of De-
24
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fense for Acquisition and Sustainment shall coordinate
1
with the following officials:
2
(1) The Assistant Secretary of the Navy for Re-
3
search, Development, and Acquisition.
4
(2) The Assistant Secretary of the Army for
5
Acquisition, Logistics, and Technology.
6
(3) The Assistant Secretary of the Air Force
7
for Acquisition, Technology, and Logistics.
8
(4) The Director of the Defense Advanced Re-
9
search Projects Agency.
10
(5) The Director of the Defense Innovation
11
Unit.
12
(c) ELEMENTS.—The strategy under subsection (a)
13
shall include the following elements:
14
(1) An assessment of emerging technologies or
15
manufacturing processes that would support the
16
modernization or expansion of the defense industrial
17
base of the United States to meet requirements for
18
production of sUAS components and finished arti-
19
cles.
20
(2) A plan to prioritize Government funding for
21
the following:
22
(A) Onshoring production for sUAS com-
23
ponents.
24
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(B) Private manufacturing facilities for
1
sUAS components.
2
(C) Government-owned, contractor-oper-
3
ated manufacturing facilities for sUAS compo-
4
nents.
5
(D) Government-owned, Government-oper-
6
ated manufacturing facilities for sUAS compo-
7
nents.
8
(d) REVIEW AND REPORT.—
9
(1) REVIEW.—Not later than March 1, 2026,
10
the Secretary of Defense shall seek to enter into a
11
contract with a federally funded research and devel-
12
opment center to conduct a review of the defense in-
13
dustrial base of the United States for sUAS compo-
14
nents and finished articles that includes the fol-
15
lowing:
16
(A) An assessment of the capacity and ca-
17
pability of the existing sUAS industrial base,
18
including the supply base and personnel of such
19
manufacturers, to support the expansion of the
20
sUAS industrial base.
21
(B) The capability and capacity of poten-
22
tial new entrants to the sUAS industrial base,
23
including private entities that might be sub-
24
sidized by the Federal Government.
25
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(C) An assessment of the process for quali-
1
fying vendors, including potential new entrants
2
and existing vendors proposing new manufac-
3
turing processes.
4
(D) An assessment of the capacity and ca-
5
pability of the sUAS industrial base to support
6
the demands of existing programs.
7
(E) An assessment of the capacity and ca-
8
pability of the sUAS industrial base to support
9
potential future demands of programs.
10
(F) A mapping of programs and potential
11
future
sUAS
programs
for
manufacturer
12
throughput.
13
(G) Identification of current and potential
14
shortfalls in critical materials, such as rare
15
earth elements and lithium.
16
(H) A broad assessment of commercial sec-
17
tor, civil sector, and Department of Defense de-
18
mands on the sUAS industrial base.
19
(2) REPORT.—
20
(A) SECRETARY OF DEFENSE.—Not later
21
than September 30, 2026, a federally funded
22
research and development center that enters
23
into a contract under this subsection shall sub-
24
mit to the Secretary of Defense a report on the
25
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results of the review conducted under para-
1
graph (1).
2
(B) CONGRESS.—Not later than 30 days
3
after receipt of the report described in subpara-
4
graph (A), the Secretary of Defense shall sub-
5
mit the report, along with any comments of the
6
Secretary, to the congressional defense commit-
7
tees.
8
(e) SMALL UNMANNED AIRCRAFT SYSTEM COMPO-
9
NENTS DEFINED.—The term ‘‘small unmanned aircraft
10
system components’’ refers to critical components used in
11
the manufacture and operation of unmanned aircraft sys-
12
tems for small unmanned aircraft, as those terms are de-
13
fined in section 44801 of title 49, United States Code.
14
SEC. 843. APPLICATION OF NATIONAL SECURITY WAIVER
15
FOR STRATEGIC MATERIALS SOURCING RE-
16
QUIREMENT TO SENSITIVE MATERIALS.
17
Section 4872 of title 10, United States Code, is
18
amended—
19
(1) in subsection (a)—
20
(A) by striking ‘‘subsection (c) or sub-
21
section (e)’’ and inserting ‘‘subsections (c) and
22
(e)’’; and
23
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(B) in paragraph (1), by striking ‘‘sub-
1
section (c)’’ and inserting ‘‘subsections (c) and
2
(e)’’; and
3
(2) in subsection (e)—
4
(A) in paragraph (1), by striking ‘‘of the
5
Secretary’’; and
6
(B) by adding at the end the following new
7
paragraph:
8
‘‘(3) APPLICATION
OF
NATIONAL
SECURITY
9
WAIVER FOR STRATEGIC MATERIALS.—If the Sec-
10
retary of Defense or the authorized delegate has
11
made a determination under subsection (k) of sec-
12
tion 4863 of this title for a national security waiver
13
of the restrictions under subsection (a) of that sec-
14
tion for a specific end item, the Secretary or author-
15
ized delegate may apply that waiver to the restric-
16
tions under subsection (a) of this section for the
17
same covered material and end item.’’.
18
SEC. 844. PROHIBITION ON ACQUISITION OF CLOTHING
19
AND FABRIC FROM COUNTRIES OF CONCERN
20
UNDER DOMESTIC-SOURCING WAIVERS.
21
(a) IN GENERAL.—Section 4862 of title 10, United
22
States Code, is amended—
23
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(1) in subsection (c), by striking ‘‘Subsection
1
(a)’’ and inserting ‘‘(1) Except as provided by para-
2
graph (2), subsection (a)’’; and
3
(2) by inserting after paragraph (1) the fol-
4
lowing new paragraph:
5
‘‘(2) If the Secretary of Defense or the Secretary of
6
the military department concerned applies the exception
7
set forth in this subsection for the procurement of any
8
clothing and the materials and components thereof or any
9
item listed in subsection (b)(1)(D), no contract may be
10
awarded for the procurement of any such items produced
11
in the People’s Republic of China, Iran, the Democratic
12
People’s Republic of Korea, or the Russian Federation.’’.
13
(b) APPLICABILITY.—The amendments made by sub-
14
section (a) shall apply only with respect to agreements en-
15
tered into on or after the date of the enactment of this
16
Act.
17
SEC. 845. MITIGATION OF RISKS RELATED TO FOREIGN
18
OWNERSHIP, CONTROL, OR INFLUENCE OF
19
DEPARTMENT OF DEFENSE CONTRACTORS
20
OR SUBCONTRACTORS.
21
Of the funds authorized to be appropriated by this
22
Act or otherwise made available for fiscal year 2026 for
23
Operation and Maintenance, Defense-wide, for the Office
24
of the Under Secretary of Defense for Intelligence and Se-
25
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curity for travel expenses, not more than 90 percent may
1
be obligated or expended until the Secretary of Defense—
2
(1) certifies to the congressional defense com-
3
mittees that the requirements under section 847 of
4
the National Defense Authorization Act for Fiscal
5
Year 2020 (Public Law 116–92; 10 U.S.C. 4819
6
note) have been implemented; and
7
(2) submits a plan and timeline for continued
8
implementation of such requirements, including de-
9
tails on how the Department of Defense plans to en-
10
sure, beyond self-certification, that contractors and
11
subcontractors are completing any assessment and
12
mitigation requirements, including enforcement pen-
13
alties if appropriate.
14
SEC. 846. PROHIBITION OF PROCUREMENT OF MOLYB-
15
DENUM, GALLIUM, OR GERMANIUM FROM
16
NON-ALLIED FOREIGN NATIONS AND AU-
17
THORIZATION FOR PRODUCTION FROM RE-
18
COVERED MATERIAL.
19
(a) AMENDMENTS RELATED TO MOLYBDENUM.—
20
(1) DEFINITION OF COVERED MATERIAL.—Sec-
21
tion 4872(f)(1) of title 10, United States Code, is
22
amended—
23
(A) in subparagraph (D), by striking ‘‘;
24
and’’ and inserting a semicolon;
25
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(B) in subparagraph (E), by striking the
1
period and inserting ‘‘; and’’; and
2
(C) by adding at the end the following new
3
subparagraph:
4
‘‘(F) molybdenum.’’.
5
(2) EXCEPTIONS
TO
PROHIBITION.—Section
6
4872(c)(3) of title 10, United States Code, is
7
amended –
8
(A) in subparagraph (C), by inserting ‘‘or
9
samarium-cobalt magnet’’ after ‘‘neodymium-
10
iron-boron magnet’’; and
11
(B) by adding at the end the following new
12
subparagraph:
13
‘‘(i) tantalum, tungsten, or molyb-
14
denum produced from recycled scrap if the
15
contractor demonstrates that the scrap was
16
produced outside of a covered nation and
17
the melting of the scrap and further proc-
18
essing and manufacturing of the material
19
takes place in the United States or in the
20
country of a qualifying foreign government,
21
as defined in section 4863(m)(11) of this
22
title.’’.
23
(b) AMENDMENTS
RELATED
TO
GALLIUM
AND
24
GERMAINUM.—
25
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(1) DEFINITION OF COVERED MATERIAL.—Sec-
1
tion 4872(f)(1) of title 10, United States Code, as
2
amended by subsection (a)(1), is further amended—
3
(A) in subparagraph (E), by striking ‘‘;
4
and’’ and inserting a semicolon;
5
(B) in subparagraph (F), as added by sub-
6
section (a), by striking the period at the end
7
and inserting a semicolon; and
8
(C) by adding at the end the following new
9
subparagraphs:
10
‘‘(G) germanium; and
11
‘‘(H) gallium.’’.
12
(2) EXCEPTIONS
TO
PROHIBITION.—Section
13
4872(c)(3)(D) of title 10, United States Code, as
14
added by subsection (a)(2) is amended by striking
15
‘‘or molybdenum’’ and inserting ‘‘molybdenum,
16
gallium, or germanium’’.
17
(3) EFFECTIVE DATE.—The amendments made
18
by paragraphs (1) and (2) shall take effect on the
19
date that is one year after the date of the enactment
20
of this Act.
21
SEC. 847. SOURCING OPTIONS FOR CERTAIN CRITICAL
22
PRODUCTS.
23
(a) MULTIPLE SOURCING.—As soon as practicable,
24
but not later than fiscal year 2031, the Secretary of De-
25
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fense shall ensure that the Department of Defense main-
1
tains multiple sources for products in the following critical
2
sectors:
3
(1) Castings and forgings.
4
(2) Missiles and munitions.
5
(3) Energy storage and batteries.
6
(4) Strategic and critical materials.
7
(5) Microelectronics.
8
(6) Any other critical sector as determined by
9
the Secretary.
10
(b) WAIVER.—The Secretary of Defense may waive
11
the requirement under subsection (a) if the Secretary de-
12
termines that maintaining multiple sources is unfeasible.
13
The Secretary shall notify the Committees on Armed Serv-
14
ices of the Senate and the House of Representatives not
15
later than 30 days after issuing such a waiver.
16
SEC. 848. PROHIBITING THE PURCHASE OF PHOTOVOLTAIC
17
MODULES OR INVERTERS FROM FOREIGN
18
ENTITIES OF CONCERN.
19
(a) IN GENERAL.—None of the funds authorized to
20
be appropriated or otherwise made available by this Act
21
may be used to enter into a contract for the procurement
22
of photovoltaic modules manufactured by a foreign entity
23
of concern (as defined by section 9901(8) of the William
24
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M. (Mac) Thornberry National Defense Authorization Act
1
for Fiscal Year 2021 (15 U.S.C. 4651(8)).
2
(b) WAIVER AUTHORITY.—The Secretary of Defense
3
may waive subsection (a) if the Secretary—
4
(1) determines that there is no alternative
5
source of photovoltaic cells, modules, or inverters
6
other than from a foreign entity of concern;
7
(2) determines there is no national security risk
8
posed by the use of photovoltaic cells, modules, or
9
inverters manufactured by a foreign entity of con-
10
cern; and
11
(3) submits a certification of such determina-
12
tion in writing to the congressional defense commit-
13
tees not later than 30 days before entering into a
14
contract described under such subsection.
15
(c) LIMITATION.—
16
(1) IN GENERAL.—Subsection (a) shall apply
17
only to contracts regarding the direct procurement
18
by the Department of Defense of photovoltaic mod-
19
ules or inverters and shall not apply to contracts in-
20
volving any third party financing arrangements, in-
21
cluding energy savings contracts and those involving
22
privatized military housing or assets that enhance
23
combat capability.
24
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(2) DELAYED
EFFECTIVE
DATE
FOR
ASSETS
1
THAT ENHANCE COMBAT CAPABILITY.—The prohibi-
2
tion under subsection (a) shall not apply to assets
3
that enhance combat capability for a period of one
4
year following the date of the enactment of this Act,
5
in order for the Department of Defense to determine
6
alternate supply chains for such assets.
7
(d) EXEMPTION
FOR CERTAIN ACTIVITIES.—The
8
prohibition under subsection (a) shall not apply if the op-
9
eration, procurement, or contracting action is for the pur-
10
poses of intelligence, electronic warfare, and information
11
warfare operations, testing, analysis, and training.
12
SEC. 849. MODERNIZATION OF ARMY ARSENALS.
13
(a) AUTHORITY TO ESTABLISH AND OPERATE.—The
14
Secretary of the Army is authorized and directed to accel-
15
erate the modernization of the Army’s organic industrial
16
base to meet the munitions requirements of the Army.
17
(b) FACILITIES AND INFRASTRUCTURE.—The Sec-
18
retary of the Army shall prioritize utilizing or modifying
19
existing facilities, as well as existing environmental per-
20
mits, security arrangements, and personnel required for
21
the production of sensitive military munitions, to establish
22
the production lines for the following items:
23
(1) A secondary domestic source of military-
24
grade nitrocellulose.
25
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(2) Any of 13 precursor chemicals used widely
1
across the Joint Program Executive Office Arma-
2
ments & Ammunition portfolio that are currently
3
sourced solely from the People’s Republic of China.
4
(3) Any of the 300 chemicals identified as sin-
5
gle point failures by the Joint Program Executive
6
Office Armaments & Ammunition.
7
(4) Multiple calibers of ammunition, serviced by
8
a load and pack facility.
9
(5) A combination of the above options.
10
(c) LOCATION.—The production line or lines de-
11
scribed in subsection (b) shall be established at each Army
12
organic industrial base installation that—
13
(1) has received less than $100,000,000 in cu-
14
mulative modernization funding across all Army ac-
15
counts during the two most recent fiscal years; and
16
(2) has substantial acreage available and suit-
17
able for future industrial or technical development.
18
(d) EXPEDITED APPROVALS
AND WAIVERS.—The
19
Secretary is encouraged to expedite the establishment of
20
the production lines and shall utilize to the fullest extent
21
possible the existing environmental permits and work ex-
22
pertise resident at installations described in subsection (c).
23
(e) FUNDS.—The Secretary of the Army may use
24
such funds authorized to be appropriated by this Act that
25
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are available to establish the production line or lines de-
1
scribed in subsection (b).
2
SEC. 849A. MODIFICATIONS TO DEFENSE INDUSTRIAL BASE
3
FUND.
4
Section 4817 of title 10, United States Code, is
5
amended by adding at the end the following new sub-
6
sections:
7
‘‘(g) ELIGIBLE USES OF AUTHORITIES.—
8
‘‘(1) IN GENERAL.—The Secretary may use the
9
authorities provided by this section with respect to
10
upstream, mid-stream, and downstream supply
11
chains, including material, material production, com-
12
ponents, subassemblies, and finished products, test-
13
ing and qualification, infrastructure, facility con-
14
struction and improvement, and equipment needed
15
directly for the following:
16
‘‘(A) Castings and forgings.
17
‘‘(B) Kinetic capabilities, including sen-
18
sors, targeting systems, and delivery platforms.
19
‘‘(C) Microelectronics.
20
‘‘(D) Machine tools, including but not lim-
21
ited to subtractive, additive, convergent, stamp-
22
ing, forging, abrasives, metrology, and other
23
production equipment.
24
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‘‘(E) Critical minerals, materials, and
1
chemicals.
2
‘‘(F) Workforce for the defense industrial
3
base.
4
‘‘(G) Advanced manufacturing capacity, in-
5
cluding echelon manufacturing forward in the
6
Indo-Pacific Command theater.
7
‘‘(H) Unmanned vehicles, including sub-
8
surface, surface, land, air one-way, attritables,
9
and launch and recovery platforms.
10
‘‘(I) Manned aircraft.
11
‘‘(J) Ground systems.
12
‘‘(K) Power sources.
13
‘‘(L) Ship and submarine, including assem-
14
bly and automation technologies and capabili-
15
ties, new or modernized infrastructure for new
16
construction or maintenance and sustainment
17
and battle damage repair.
18
‘‘(M) Other materiel solutions required to
19
support
Indo-Pacific
Command
operational
20
plans as required.
21
‘‘(N) Defense space systems.
22
‘‘(2) PROHIBITION ON USE IN COVERED COUN-
23
TRIES.—The Secretary may not use the authorities
24
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provided by this section for any activity in a covered
1
country.
2
‘‘(3) USE OF AUTHORITIES FOR OTHER PUR-
3
POSES.—The Secretary may not use the authorities
4
provided by this section for a purpose not described
5
in paragraph (1) unless, not less than 30 days be-
6
fore doing so, the Secretary—
7
‘‘(A) determines that—
8
‘‘(i) the use of the authority for that
9
purpose is essential to the national security
10
interests of the United States; and
11
‘‘(ii) without the use of the authority
12
for that purpose, United States industry
13
cannot reasonably be expected to provide
14
the capability needed in a timely manner;
15
and
16
‘‘(B) submits to the congressional defense
17
committees a report on the determination that
18
includes appropriate explanatory material.
19
‘‘(h) GRANTS AND OTHER INCENTIVES FOR DOMES-
20
TIC INDUSTRIAL BASE CAPABILITIES.—To create, main-
21
tain, protect, expand, or restore domestic industrial base
22
capabilities essential for the national security interests of
23
the United States, the Secretary may make provision
24
for—
25
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‘‘(1) use of contracts, grants, or other trans-
1
action authorities, including cooperative agreements;
2
‘‘(2) incentives for the private sector to develop
3
capabilities in areas of national security interest;
4
‘‘(3) making awards to third party entities to
5
support investments in small- and medium-sized en-
6
tities working in areas of national security interest,
7
including debt and equity investments, that would
8
benefit missions of the Department of Defense; and
9
‘‘(4) subsidies to offset market manipulation or
10
ensure allied and domestic viability of grants made
11
from other market uncertainties.
12
‘‘(i) DEFENSE INDUSTRIAL BASE PURCHASE COM-
13
MITMENT PROGRAM.—
14
‘‘(1) IN GENERAL.—To create, maintain, pro-
15
tect, expand, or restore industrial base capabilities
16
essential for the national security interests of the
17
United States, the Secretary may make provision for
18
purchase commitments for—
19
‘‘(A) Federal Government use or resale of
20
an industrial resource or a critical technology
21
item;
22
‘‘(B) the encouragement of exploration, de-
23
velopment, and mining of strategic and critical
24
materials;
25
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‘‘(C) development of other materials and
1
components;
2
‘‘(D) the development of production capa-
3
bilities; and
4
‘‘(E) the increased use of emerging tech-
5
nologies in defense program applications and
6
the rapid transition of emerging technologies—
7
‘‘(i) from Federal Government-spon-
8
sored research and development to com-
9
mercial applications; and
10
‘‘(ii) from commercial research and
11
development to national defense applica-
12
tions.
13
‘‘(2) EXEMPTION FOR CERTAIN LIMITATIONS.—
14
‘‘(A) PURCHASES.—Except as provided by
15
subparagraph
(B),
purchase
commitments
16
under paragraph (1) may be made without re-
17
gard to the limitations of existing law (other
18
than section 1341 of title 31), for such quan-
19
tities, and on such terms and conditions, includ-
20
ing advance payments, and for such periods,
21
but not extending beyond a date that is not
22
more than 10 years from the date on which
23
such purchase was initially made, as the Sec-
24
retary deems necessary.
25
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‘‘(B)
LIMITATION.—Purchases
commit-
1
ments under paragraph (1) involving higher
2
than established ceiling prices (or if no such es-
3
tablished ceiling prices exist, currently pre-
4
vailing market prices) or that result in an an-
5
ticipated loss on resale shall not be made, un-
6
less it is determined that supply of the mate-
7
rials could not be effectively increased or
8
provisioned at lower prices or on terms more fa-
9
vorable to the Federal Government, or that
10
such purchases are necessary to assure the
11
availability to the United States of overseas
12
supplies.
13
‘‘(3) FINDINGS OF SECRETARY.—
14
‘‘(A) IN
GENERAL.—The Secretary may
15
take the actions described in subparagraph (B),
16
if the Secretary finds that—
17
‘‘(i) under generally fair and equitable
18
ceiling prices, for any raw or nonprocessed
19
material or component, there will result a
20
decrease in supplies from high-cost sources
21
of such material and that the continuation
22
of such supplies is necessary to carry out
23
the objectives of this section; or
24
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‘‘(ii) an increase in cost of transpor-
1
tation is temporary in character and
2
threatens to impair maximum production
3
or supply in any area at stable prices of
4
any materials.
5
‘‘(B) SUBSIDY PAYMENTS AUTHORIZED.—
6
Upon a finding under subparagraph (A), the
7
Secretary may make provision for subsidy pay-
8
ments on any such produced material from
9
other than covered countries, in such amounts
10
and in such manner (including purchase com-
11
mitments of such material or component and its
12
resale at a loss, and on such terms and condi-
13
tions, as the Secretary determines to be nec-
14
essary to ensure that supplies from such high-
15
cost sources are continued, or that maximum
16
production or supply in such area at stable
17
prices of such materials is maintained, as the
18
case may be.
19
‘‘(4) INSTALLATION OF EQUIPMENT IN INDUS-
20
TRIAL FACILITIES.—If the Secretary determines that
21
such action will aid the national security interests of
22
the United States, the Secretary is authorized—
23
‘‘(A) to procure and install additional
24
equipment, facilities, processes or improvements
25
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to plants, factories, and other industrial facili-
1
ties owned by the Federal Government;
2
‘‘(B) to procure and install equipment in-
3
cluding owned by the Federal Government in
4
plants, factories, and other industrial facilities
5
owned by private persons;
6
‘‘(C) to provide for constructing new facili-
7
ties, the modification, or expansion of privately
8
owned facilities, including the modification or
9
improvement of production processes, when tak-
10
ing actions under this subsection or subsection
11
(h);
12
‘‘(D) to sell or otherwise transfer equip-
13
ment owned by the Federal Government and in-
14
stalled under this subsection to the owners of
15
such plants, factories, or other industrial facili-
16
ties;
17
‘‘(E) to construct facilities for the purposes
18
described in section subsection (g)(1); and
19
‘‘(F) to apply contracts, grants, or other
20
transactions authorities.
21
‘‘(5) EXCESS METALS, MINERALS, MATERIALS,
22
AND COMPONENTS.—
23
‘‘(A) IN GENERAL.—Metals, minerals, ma-
24
terials, and components acquired pursuant to
25
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this subsection which, in the judgment of the
1
Secretary, are excess to the needs of programs
2
under this section, shall be transferred to the
3
National Defense Stockpile established by the
4
Strategic and Critical Materials Stock Piling
5
Act (50 U.S.C. 98 et seq.), or other national re-
6
serves if available, when the Secretary deems
7
such action to be in the public interest.
8
‘‘(B) TRANSFERS AT NO CHARGE.—Trans-
9
fers made pursuant to this paragraph shall be
10
made without charge against or reimbursement
11
from funds appropriated for the purposes of the
12
Strategic and Critical Materials Stock Piling
13
Act (50 U.S.C. 98 et seq.), or other national re-
14
serves if available, except that costs incident to
15
such transfer, other than acquisition costs, shall
16
be paid or reimbursed from such funds.
17
‘‘(6) SUBSTITUTES.—When, in the judgment of
18
the Secretary, it will aid the national security inter-
19
ests of the United States, the Secretary may make
20
provision for the development and qualification a of
21
substitutes for strategic and critical materials, com-
22
ponents, critical technology items, and other indus-
23
trial resources.
24
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‘‘(j) STRENGTHENING DOMESTIC PRODUCTIVE CA-
1
PACITY.—
2
‘‘(1) IN GENERAL.—The Secretary may provide
3
appropriate incentives to develop, maintain, mod-
4
ernize, restore, and expand the productive capacities
5
of sources for strategic and critical materials, com-
6
ponents, critical technology items, and industrial re-
7
sources essential for the execution of the national se-
8
curity strategy of the United States.
9
‘‘(2) STRATEGIC
AND
CRITICAL
MATERIALS,
10
COMPONENTS, AND CRITICAL TECHNOLOGY ITEMS.—
11
‘‘(A)
MAINTENANCE
OF
RELIABLE
12
SOURCES OF SUPPLY.—The Secretary shall take
13
appropriate actions to ensure that strategic and
14
critical materials, components, critical tech-
15
nology items, and industrial resources are avail-
16
able from reliable sources when needed to meet
17
defense requirements during peacetime, grad-
18
uated mobilization, and national emergency.
19
‘‘(B) APPROPRIATE
ACTION.—For pur-
20
poses of this paragraph, appropriate action may
21
include—
22
‘‘(i) restricting contract solicitations
23
to reliable sources;
24
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‘‘(ii) stockpiling or placing into re-
1
serve strategic and critical materials, com-
2
ponents, and critical technology items;
3
‘‘(iii) planning for necessary long-lead
4
times for acquiring such materials, compo-
5
nents, and items; or
6
‘‘(iv) developing and qualifying sub-
7
stitutes for such materials, components,
8
and items.
9
‘‘(k) ANNUAL REPORT.—
10
‘‘(1) IN GENERAL.—Not later than one year
11
after the date of the enactment of the National De-
12
fense Authorization Act for Fiscal Year 2026, and
13
annually thereafter, the Secretary shall submit to
14
the congressional defense committee a report evalu-
15
ating investments made and any other activities car-
16
ried out using amounts in the Fund during the year
17
preceding submission of the report.
18
‘‘(2) ELEMENTS.—Each report required by
19
paragraph (1) shall include—
20
‘‘(A) measures of effectiveness of the in-
21
vestments and activities described in that para-
22
graph in meeting the needs of the Department
23
of Defense and the defense industrial base;
24
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‘‘(B) an evaluation of the return on invest-
1
ment of all ongoing investments from the Fund;
2
and
3
‘‘(C) a description of efforts to coordinate
4
activities carried out using amounts in the
5
Fund with activities to support the defense in-
6
dustrial base carried out under other authori-
7
ties.
8
‘‘(3) ADVICE.—In preparing a report required
9
by paragraph (1), the Secretary shall take into ac-
10
count the advice of the defense industry and such
11
other individuals as the Secretary considers relevant.
12
‘‘(l) COORDINATION WITH OTHER DEFENSE INDUS-
13
TRIAL BASE ACTIVITIES.—Not later than 90 days after
14
the date of the enactment of the National Defense Author-
15
ization Act for Fiscal Year 2026, the Secretary shall sub-
16
mit to the congressional defense committees a report de-
17
tailing how activities carried out under this section will
18
be coordinated with—
19
‘‘(1) activities carried out using amounts in the
20
Defense Production Act Fund under section 304 of
21
the Defense Production Act of 1950 (50 U.S.C.
22
4534);
23
‘‘(2) activities of the Office of Strategic Capital;
24
and
25
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‘‘(3) any other efforts designed to enhance the
1
defense industrial base.
2
‘‘(m) DEFINITIONS.—In this section:
3
‘‘(1) CHOKEPOINT.—The term ‘chokepoint’
4
means a situation in which—
5
‘‘(A) components of the munitions supply
6
chains, including all elements of the munitions
7
supply chain such as chemicals, casings, or
8
other materials, are produced by only one reli-
9
able source; or
10
‘‘(B) the increased production of a compo-
11
nent would significantly increase total output of
12
munitions.
13
‘‘(2) COVERED COUNTRY.—The term ‘covered
14
country’ means—
15
‘‘(A) the Russian Federation;
16
‘‘(B) the Democratic People’s Republic of
17
Korea;
18
‘‘(C) the Islamic Republic of Iran; and
19
‘‘(D) the People’s Republic of China.
20
‘‘(3) RELIABLE
SOURCE.—The term ‘reliable
21
source’ means a citizen or business entity organized
22
under the laws of—
23
‘‘(A) the United States or any territory or
24
possession of the United States;
25
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‘‘(B) a country of the national technology
1
and industrial base, as defined in section 4801;
2
or
3
‘‘(C) a qualifying country, as defined in
4
section 225.003 of the Defense Federal Acquisi-
5
tion Regulation Supplement or any successor
6
document.
7
‘‘(4) SECRETARY.—The term ‘Secretary’ means
8
the Secretary of Defense.
9
‘‘(5) STRATEGIC AND CRITICAL MATERIALS.—
10
The term ‘strategic and critical materials’ has the
11
meaning given that term in section 12(1) of the
12
Strategic and Critical Materials Stock Piling Act (50
13
U.S.C. 98h–3(1)).’’.
14
Subtitle D—Small Business Matters
15
SEC. 851. APEX ACCELERATORS.
16
(a) PURPOSES.—Section 4952 of title 10, United
17
States Code, is amended—
18
(1) in paragraph (1), by striking ‘‘; and’’ and
19
inserting a semicolon;
20
(2) in paragraph (2), by striking the period at
21
the end and inserting ‘‘; and’’; and
22
(3) by adding at the end the following new
23
paragraph:
24
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‘‘(3) to foster innovation for the defense indus-
1
trial base and to diversify and expand the defense
2
industrial base.’’.
3
(b) INCREASED FUNDING LIMIT FOR BUREAU OF IN-
4
DIAN AFFAIRS SERVICE AREAS.—Section 4955(a)(4) of
5
title 10, United States Code, is amended by striking
6
‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’.
7
(c) APEX CENTERS OF EXCELLENCE.—The Under
8
Secretary of Defense for Acquisition and Sustainment
9
may establish APEX centers of excellence to allow APEX
10
centers to provide specialized expertise to business entities
11
outside of the geographic bounds of the center. In carrying
12
out this program, the Under Secretary may utilize the cost
13
sharing waiver to enter into a cooperative agreement
14
under section 4954 of title 10, United States Code.
15
Subtitle E—Other Matters
16
SEC. 861. CLARIFICATION OF PROCUREMENT PROHIBITION
17
RELATED TO ACQUISITION OF MATERIALS
18
MINED, REFINED, AND SEPARATED IN CER-
19
TAIN COUNTRIES.
20
Section 844(a) of the William M. (Mac) Thornberry
21
National Defense Authorization Act for Fiscal Year 2021
22
(Public Law 116–283; 134 Stat. 3766) is amended—
23
(1) by striking ‘‘Section 2533c’’ and inserting
24
‘‘Section 4872’’; and
25
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(2) by amending paragraph (1) to read as fol-
1
lows:
2
‘‘(1) in subsection (a)—
3
‘‘(A) in paragraph (1), by striking ‘; or’
4
and inserting a semicolon;
5
‘‘(B) in paragraph (2)(B), by striking the
6
period at the end and inserting ‘; or’; and
7
‘‘(C) by adding at the end the following
8
new paragraph:
9
‘‘ ‘(3) enter into a contract for any covered ma-
10
terial mined, refined, or separated in any covered
11
nation.’ ’’.
12
SEC. 862. INDEPENDENT STUDY ON THE ACQUISITION
13
WORKFORCE OF THE DEPARTMENT OF DE-
14
FENSE.
15
(a) STUDY.—Not later than 90 days after the date
16
of the enactment of this Act, the Secretary of Defense
17
shall seek to enter into a contract or other agreement with
18
a qualified organization to conduct an independent exam-
19
ination of the acquisition workforce of the Department of
20
Defense.
21
(b) PURPOSE.—The study required under subsection
22
(a) shall include an assessment and comprehensive review
23
of—
24
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(1) the effectiveness of the acquisition work-
1
force in managing procurements and facilitating
2
positive acquisition outcomes for the warfighter, in-
3
cluding through the use of process performance
4
measures or other business health metrics;
5
(2) the process and authorities for recruiting
6
and retaining the workforce, including a comparison
7
of pay scales with other Federal agency and com-
8
mercial analogues, the use of specialization within
9
the acquisition field, and the use of career incentives
10
or other specialized opportunities, such as job-broad-
11
ening assignments or external training opportunities;
12
(3) current training of the workforce, including
13
training offered by and the structure of Defense Ac-
14
quisition University and the Eisenhower School at
15
National Defense University, as well as commercially
16
available training or identification of certification or
17
stackable micro-certification opportunities;
18
(4) the size and mix of the acquisition work-
19
force, including for acquisition-adjacent fields such
20
as industrial security, counterintelligence, and fi-
21
nance;
22
(5) the workload and span of control over con-
23
tracting actions, based on contract award value and
24
total number of individual awards;
25
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(6) the dependencies between contracting ac-
1
tions and the impact on the industrial security needs
2
to support National Industrial Security Program re-
3
quirements, including additional compliance costs,
4
increased workload for security-related action, trans-
5
parency on needs and requirements between the ac-
6
quisition and security communities, and mechanisms
7
to improve communication on needs and require-
8
ments between acquisition and security profes-
9
sionals;
10
(7) the role of the acquisition workforce and its
11
communication and integration with the require-
12
ments and budget communities; and
13
(8) the data, productivity tools, and other infor-
14
mation systems available to support acquisition
15
workloads, including the availability of commercial
16
tools.
17
(c) FINAL REPORT.—Following the completion of the
18
study under subsection (a), the qualified organization that
19
conducts the study shall submit to the Secretary of De-
20
fense a report on the results of the study. The report shall
21
include—
22
(1) a summary of the research and other activi-
23
ties carried out as part of the study; and
24
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(2) recommendations to improve all aspects of
1
acquisition workforce, including recruiting, retention,
2
training, management, and workforce mix.
3
(d) REPORT TO CONGRESS.—Not later than Decem-
4
ber 31, 2027, the Secretary of Defense shall submit to
5
the Committees on Armed Services of the Senate and the
6
House of Representatives an unaltered version of the re-
7
port required under subsection (c), together with the Sec-
8
retary’s assessment of the findings and recommendations
9
of the study, including a plan for implementing the rec-
10
ommendations.
11
SEC. 863. EXPEDITED ACCEPTANCE PROGRAM FOR SUPPLY
12
CHAIN ILLUMINATION.
13
(a) ELIGIBILITY
FOR EXPEDITED INTERIM NA-
14
TIONAL SECURITY WAIVER.—
15
(1) IN GENERAL.—If a contractor, through the
16
use of supply chain illumination policies, procedures,
17
or analytical tools, discovers an item in the supply
18
chain that is non-compliant with the restrictions out-
19
lined in subsection (d) but promptly discloses that
20
discovery to the program office, the contractor shall
21
be eligible for an expedited interim national security
22
waiver in accordance with subsection (b) to deliver
23
a capability, provided that the program manager is
24
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satisfied with the contractor’s corrective plan de-
1
scribed in subsection (e).
2
(2) DISCLOSURES.—Disclosures that are eligi-
3
ble under paragraph (1) include any disclosures
4
made by the contractor to the program office, in-
5
cluding disclosures resulting from supply chain illu-
6
mination efforts conducted by the contractor, a sub-
7
contractor, or by a third-party entity acting on be-
8
half of the contractor or sub-contractor to increase
9
supply chain transparency. Discoveries of non-com-
10
pliance by the United States Government do not
11
constitute eligible disclosures under paragraph (1).
12
(b) INTERIM NATIONAL SECURITY WAIVER.—
13
(1) IN
GENERAL.—A waiver described under
14
this subsection is a waiver issued by the Secretary
15
of Defense or the Secretary concerned (as defined in
16
section 101 of title 10, United States Code) to a re-
17
striction outlined under subsection (d) allowing a
18
contractor to—
19
(A) accept delivery of an end item that
20
contains non-conforming items if the program
21
manager determines the non-confirming part
22
does not represent a security, safety, or flight
23
risk; and
24
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(B) make payment for the delivery of the
1
end item.
2
(2) DELEGATION.—The authority to issue a
3
waiver under paragraph (1) may be delegated—
4
(A) in the case of a waiver for one or more
5
acquisition programs within a military depart-
6
ment, to the senior acquisition executive of that
7
military department; and
8
(B) in the case of a waiver applicable to
9
more than one military department, to the Dep-
10
uty Secretary of Defense or the Under Sec-
11
retary
of
Defense
for
Acquisition
and
12
Sustainment.
13
(c) REQUIREMENTS FOR INTERIM NATIONAL SECU-
14
RITY WAIVERS.—
15
(1) WRITTEN
DETERMINATION.—An interim
16
national security waiver shall be issued through a
17
written determination that includes the following:
18
(A)
The
preliminary
facts
and
cir-
19
cumstances regarding the identified non-compli-
20
ant parts and the likely cause for non-compli-
21
ance.
22
(B) The types of parts to which the in-
23
terim waiver applies, including any additional
24
parts currently being evaluated for potential
25
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non-compliance with the defense sourcing re-
1
striction statutes based on the findings in sub-
2
paragraph (A).
3
(C) A determination that the non-compli-
4
ant parts and any additional parts being evalu-
5
ated for potential non-compliance do not rep-
6
resent a security, safety, or flight risk.
7
(D) An assessment of program risk due to
8
non-compliance to include an overall risk level
9
determination that if exceeded would require a
10
new interim national security waiver.
11
(2) SUBMISSION TO CONGRESS.—Any interim
12
national security waiver determination shall be sub-
13
mitted to the congressional defense committees with-
14
in five days of the date of issuance.
15
(3) DURATION.—The authority to issue an in-
16
terim national security waiver under this subsection
17
shall expire not later than January 1, 2027.
18
(d) SUPPLY CHAIN RESTRICTIONS.—For the pur-
19
poses of this section, non-compliant components are those
20
that are covered by the following provisions of law:
21
(1) Section 4863 of title 10, United States
22
Code, relating to a requirement to buy strategic ma-
23
terials critical to national security from American
24
sources.
25
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(2) Section 1211 of the National Defense Au-
1
thorization Act for Fiscal Year 2006 (Public Law
2
109–163; 10 U.S.C. note prec. 4651), relating to a
3
prohibition on procurements from Chinese military
4
companies.
5
(3) Section 4873 of title 10, United States
6
Code, relating to additional requirements pertaining
7
to printed circuit boards.
8
(4) Section 154 of the National Defense Au-
9
thorization Act for Fiscal Year 2024 (Public Law
10
118–31; 10 U.S.C. note prec. 4651), relating to a
11
prohibition on availability of funds for procurement
12
of certain batteries.
13
(5) Section 244 of the National Defense Au-
14
thorization Act for Fiscal Year 2024 (Public Law
15
118–31; 10 U.S.C. note prec. 4651), relating to a
16
limitation on sourcing chemical materials for muni-
17
tions from certain countries.
18
(6) Section 805 the National Defense Author-
19
ization Act for Fiscal Year 2024 (Public Law 118–
20
31; 10 U.S.C. note prec. 4651), relating to a prohi-
21
bition on procurements related to entities identified
22
as Chinese military companies operating in the
23
United States.
24
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(e) CONTRACTOR RESPONSIBILITY.—A contractor re-
1
ceiving a waiver under this section shall retain the respon-
2
sibility to develop and implement a corrective plan to en-
3
sure future compliance and demonstrate the noncompli-
4
ance was neither willful nor knowing. The contractor shall
5
use reasonably expedient means to qualify an alternative
6
compliant supplier, where available, for procurements of
7
items that are to be incorporated into future deliveries of
8
end items.
9
(f) SUNSET.—The authority under this section shall
10
expire on January 1, 2027.
11
(g) BRIEFINGS.—Not later than April 1, 2026, and
12
April 1, 2027, the Under Secretary of Defense for Acquisi-
13
tion and Sustainment shall provide a briefing to the Com-
14
mittees on Armed Services of the Senate and House of
15
Representatives on expedited acceptances authorized
16
under this section and corrective action plans of contrac-
17
tors to ensure future compliance with existing authorities.
18
SEC. 864. SIMULTANEOUS CONFLICTS CRITICAL MUNI-
19
TIONS REPORT.
20
(a) REPORT.—
21
(1) IN
GENERAL.—Not later than 180 days
22
after the date of the enactment of this Act, the Sec-
23
retary of Defense shall submit to the congressional
24
defense committees a report that details the stock-
25
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piles of critical munitions required to fight simulta-
1
neous conflicts in different theaters.
2
(2) ELEMENTS.—The report required under
3
paragraph (1) shall include the following elements:
4
(A) An estimate of the amount of each
5
critical munition that would be required over
6
the course of simultaneous conflicts, modeled on
7
the assumption that a contingency operation in
8
any one of the western Pacific, Europe, Middle
9
East, or Korean Peninsula theaters would in-
10
crease the likelihood of a contingency operation
11
in the other theaters, including consideration of
12
the prepositioning of stockpiles and the risk
13
posed by moving stocks out of each theater.
14
(B) The number of days before the joint
15
force would exhaust its current stockpiles of
16
critical munitions during simultaneous conflicts.
17
(C) An estimate of the time required for
18
the industrial base to replenish critical munition
19
inventories during a simultaneous conflict, tak-
20
ing into account the Out-Year Unconstrained
21
Total Munitions Requirement directed by sec-
22
tion 222c of title 10, United States Code, and
23
the study required by section 1705 of the
24
James M. Inhofe National Defense Authoriza-
25
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tion Act for Fiscal Year 2023 (Public Law
1
117–263; 136 Stat. 2968), but not the assump-
2
tions mandated by Department of Defense In-
3
struction 3000.04, entitled ‘‘DoD Munitions
4
Requirements Process’’.
5
(D) Production requirements for each crit-
6
ical munition needed to address the shortfall be-
7
tween current production rates and those re-
8
quired to meet the requirements determined
9
pursuant to subparagraph (A).
10
(E) The lessons learned from the war in
11
Ukraine with respect to munition consumption
12
rates.
13
(F) Consideration of the projected muni-
14
tions stockpiles of the military forces of the
15
Russian Federation, the People’s Republic of
16
China, Iran, and the Democratic Republic of
17
Korea, and forces affiliated with such military
18
forces.
19
(G) An exploration of the projected muni-
20
tions stockpiles of the relevant United States al-
21
lies in each theater and opportunities for them
22
to enhance their contributions to burden-shar-
23
ing.
24
(b) PLAN.—
25
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(1) IN GENERAL.—Not later than 90 days after
1
the Secretary of Defense submits the report required
2
by subsection (a), the Secretary shall submit to the
3
congressional defense committees a plan to imple-
4
ment critical munitions requirements to fight simul-
5
taneous conflicts in the next budget cycle. The plan
6
shall include a description of what would be required
7
of industry and United States arsenals and depots
8
to meet such requirements.
9
(2) WAIVER.—The Secretary may waive the re-
10
quirement under paragraph (1) if the Secretary sub-
11
mits to the congressional defense committees a re-
12
port with a justification for the decision not to im-
13
plement the results of the report required by sub-
14
section (a) into the requirements process for the
15
next budget cycle. The report shall include an as-
16
sessment of the gap between current requirements
17
for critical munitions and those requirements identi-
18
fied in the report required by subsection (a).
19
(c) CRITICAL MUNITIONS DEFINED.—In this section,
20
the term ‘‘critical munitions’’ includes those designated on
21
the Chairman of the Joint Chiefs of Staff’s critical muni-
22
tions list.
23
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SEC. 865. PERMANENT EXTENSION AND MODIFICATION OF
1
DEMONSTRATION AND PROTOTYPING PRO-
2
GRAM TO ADVANCE INTERNATIONAL PROD-
3
UCT
SUPPORT
CAPABILITIES
IN
A
CON-
4
TESTED LOGISTICS ENVIRONMENT.
5
Section 842 of the National Defense Authorization
6
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
7
2341 note) is amended—
8
(1) in subsection (b)(2)—
9
(A) in subparagraph (A), by striking ‘‘;
10
and’’ and inserting a semicolon;
11
(B) by redesignating subparagraph (B) as
12
subparagraph (C);
13
(C) by inserting after subparagraph (A)
14
the following new subparagraph:
15
‘‘(B) commercially advanced digital manu-
16
facturing facilities for rapid, distributed parts
17
production closer to the point of use; and’’;
18
(2) by striking subsection (g); and
19
(3) by redesignating subsection (h) as sub-
20
section (g).
21
SEC. 866. ESTIMATE OF ALLY AND PARTNER DEMAND FOR
22
UNITED STATES-PRODUCED MUNITIONS AND
23
SPECIFIED EXPENDABLES.
24
(a) IN GENERAL.—The Secretary of Defense shall es-
25
tablish an annual requirement for the production of an
26
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estimate of the demand by United States allies and part-
1
ners for United States-produced munitions and specified
2
expendables across the future-years defense plan.
3
(b) ELEMENTS.—Each estimate required under sub-
4
section (a)—
5
(1) shall be disaggregated by specific munitions
6
type and ally or partner; and
7
(2) shall include analytical inputs, such as—
8
(A) information set forth in all approved
9
letters of offer and acceptance from foreign
10
military sales cases;
11
(B) assessments of all letters of request
12
from foreign military sales cases;
13
(C) estimates based on an operational
14
analysis of foreign partner munitions needs for
15
critical operational or contingency planning sce-
16
narios;
17
(D) estimates based on an analysis of
18
wargaming results that include foreign partner
19
contributions in the relevant scenario; and
20
(E) estimates based on bilateral or multi-
21
lateral discussions between the United States
22
Government and foreign governments.
23
(c) GUIDANCE.—
24
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(1) IN
GENERAL.—Not later than March 1,
1
2026, the Secretary of Defense shall issue guidance
2
for the development and collection of data necessary
3
to support the production of the estimate required
4
by subsection (a).
5
(2) ELEMENTS.—The guidance required by
6
paragraph (1) shall include—
7
(A) a consideration of the manner in which
8
the requirement for such an estimate may be le-
9
veraged to support operational and contingency
10
planning activities, wargaming, and net assess-
11
ment activities; and
12
(B) an analysis of the effect of the addi-
13
tion of such an estimate to the Out-Year Un-
14
constrained Total Munitions Requirement re-
15
quired by section 222c of title 10, United
16
States Code.
17
(d) ASSESSMENT OF INFORMATION SYSTEMS.—
18
(1) IN GENERAL.—Not later than March 30,
19
2026, the Secretary of Defense shall conduct an as-
20
sessment of existing relevant Department of Defense
21
information systems of record to determine whether
22
any such system, or combination of such systems,
23
may be used or modified to collect and analyze data
24
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necessary to support the production of the estimate
1
required by subsection (a) on an ongoing basis.
2
(2) CONSIDERATION.—The assessment required
3
by paragraph (1) shall take into consideration—
4
(A) the cost and technical challenges of
5
adopting or adapting a system described in that
6
paragraph, or combination of such systems, for
7
the purpose described in that paragraph; and
8
(B) the estimated cost and technical chal-
9
lenges of establishing a new information system
10
of record for such purpose.
11
(e) SPECIFIED EXPENDABLES DEFINED.—In this
12
section, the term ‘‘specific expendables’’ includes—
13
(1) chaff;
14
(2) flares;
15
(3) sonobouys;
16
(4) decoys;
17
(5) disposable jammers; and
18
(6) any other expendable the Secretary of De-
19
fense considers appropriate.
20
SEC. 867. REFORM OF CONTRACTOR PERFORMANCE IN-
21
FORMATION REQUIREMENTS.
22
(a) IN GENERAL.—Not later than 180 days after the
23
date of the enactment of this Act, the Secretary of Defense
24
shall revise subpart 242.15 of the Defense Federal Acqui-
25
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sition Regulation Supplement (DFARS) to modify con-
1
tractor performance information requirements to establish
2
an objective, fact-based, and simplified system for report-
3
ing contractor performance. The revised system shall—
4
(1) focus exclusively on negative performance
5
events that are verifiable and measurable to reduce
6
subjectivity and inconsistency in evaluations;
7
(2) reduce the administrative burden on con-
8
tracting officers by limiting reporting to prior con-
9
tractor failures or poor performance; and
10
(3) ensure the government can identify and
11
avoid contractors with a history of poor performance
12
or bad actions.
13
(b) REVISION OF CONTRACTOR PERFORMANCE IN-
14
FORMATION REQUIREMENTS.—Not later than 180 days
15
after the date of the enactment of this Act, the Secretary
16
of Defense shall revise subpart 242.15 of the DFARS and
17
related guidance, including the Contractor Performance
18
Assessment Reporting System (CPARS) to provide for the
19
following requirements related to contract performance in-
20
formation:
21
(1) ELIMINATION
OF
SUBJECTIVE
PERFORM-
22
ANCE RATINGS.—(A) Subjective performance ratings
23
for contracts subject to this section shall be elimi-
24
nated.
25
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(B) Performance evaluations shall be limited to
1
the reporting and scoring of negative performance
2
events as described in subsections (c) and (d).
3
(2) SCOPE
OF
REPORTING.—(A) Contracting
4
officers shall report only negative performance
5
events with verifiable data which have a material im-
6
pact on contract performance or government inter-
7
ests, including events involving subcontractors.
8
(B) Reporting shall exclude positive or neutral
9
performance assessments, except as necessary to
10
provide context for a negative performance event.
11
(3) FREQUENCY AND TIMING.—(A) Contracting
12
officers shall report negative performance events
13
within 30 days of identifying and verifying the event.
14
(B) Annual or periodic performance evaluations
15
shall not be required unless a negative performance
16
event occurs.
17
(4) USE IN SOURCE SELECTION.—(A) Negative
18
performance events and their associated scores, as
19
calculated under subsection (c), shall be considered
20
in source selection evaluations to assess contractor
21
risk and responsibility.
22
(B) The absence of negative performance events
23
for a contractor, including nontraditional defense
24
contractors or new entrants, shall not be considered
25
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a deficiency in past performance evaluations. Such
1
contractors shall be evaluated based on technical ca-
2
pability, price, and other relevant factors.
3
(c) SCORING MECHANISM FOR NEGATIVE PERFORM-
4
ANCE EVENTS.—Not later than 180 days after the date
5
of the enactment of this Act, the Secretary of Defense
6
shall revise subpart 242.15 of the DFARS and related
7
guidance, including the Contractor Performance Assess-
8
ment Reporting System (CPARS) to provide for the fol-
9
lowing requirements related to a scoring mechanism for
10
negative performance events:
11
(1) STANDARDIZED SCORING MECHANISM.—To
12
ensure fair and equitable evaluation of contractors,
13
a standardized scoring mechanism shall normalize
14
negative performance events based on the number of
15
transactions and the dollar volume of contracts per-
16
formed by the contractor.
17
(2) APPLICATION OF SCORES.—(A) The com-
18
posite score shall be reported in CPARS alongside
19
the negative performance events and used in source
20
selection to assess past performance risk.
21
(B) Scores shall be calculated automatically by
22
the CPARS system based on data entered by con-
23
tracting officers, including the number of trans-
24
actions and contract dollar value.
25
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(3) TRANSPARENCY.—(A) Contractors shall
1
have access to their composite scores and the under-
2
lying data (number of events, transactions, and dol-
3
lar volume) through CPARS.
4
(B) Contractors may submit comments or
5
rebuttals to reported events or scores, which shall be
6
maintained in CPARS for consideration in source se-
7
lection.
8
(d) KEY ISSUES OF NEGATIVE PERFORMANCE.—Not
9
later than 180 days after the date of the enactment of
10
this Act, the Secretary of Defense shall revise subpart
11
242.15 of the DFARS and related guidance, including the
12
Contractor Performance Assessment Reporting System
13
(CPARS) to provide for the following requirements related
14
to key issues of negative performance:
15
(1) MANDATORY REPORTING.—Contracting offi-
16
cers shall report the following negative performance
17
events, based on verifiable data or objective evalua-
18
tions:
19
(A) DELIVERY
OF
DEFECTIVE
PROD-
20
UCTS.—Delivery of products failing to meet
21
contract requirements, as verified by govern-
22
ment inspection reports, quality assurance
23
records, or testing results.
24
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(B) DELINQUENT DELIVERIES.—Failure to
1
meet contract delivery schedules, as documented
2
in contract milestones, delivery orders, or gov-
3
ernment correspondence.
4
(C) IMPROPER MARKINGS OR RIGHTS AS-
5
SERTIONS ON TECHNICAL DATA DELIVERIES.—
6
Incorrect or unauthorized markings on tech-
7
nical data or software, or improper assertions
8
of restrictive rights, as verified by government
9
review or legal findings.
10
(D) DEFECTIVE PRICING.—Submission of
11
inaccurate, incomplete, or misleading cost or
12
pricing data, as identified through audits by the
13
Defense Contract Audit Agency (DCAA) or
14
other authorities.
15
(E) FAILURE TO FLOW DOWN REQUIRED
16
CLAUSES TO SUBCONTRACTORS.—Failure to in-
17
clude mandatory contract clauses in sub-
18
contracts, as verified by contract reviews or au-
19
dits.
20
(F) FALSE
CLAIMS
OR
MISREPRESENTA-
21
TIONS.—Submission of false claims, fraudulent
22
invoices, or misrepresentations, as substantiated
23
by investigations, legal findings, or government
24
records.
25
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(G) NON-COMPLIANCE
WITH
SAFETY
OR
1
REGULATORY REQUIREMENTS.—Failure to com-
2
ply with safety, environmental, or other regu-
3
latory requirements, as documented by govern-
4
ment inspections or citations.
5
(H)
SIGNIFICANT
CYBERSECURITY
6
BREACHES OR FAILURES.—Failure to meet cy-
7
bersecurity requirements or significant breaches
8
caused by contractor negligence, as verified by
9
government assessments or incident reports.
10
(e) ADDITIONAL PERFORMANCE INDICATORS.—The
11
Secretary of Defense may establish additional negative
12
performance indicators, provided they are—
13
(1) based on verifiable data or objective evalua-
14
tions; and
15
(2) published in the Defense Federal Acquisi-
16
tion Regulation Supplement (DFARS) with clear
17
criteria for identification and reporting.
18
(f) IMPLEMENTATION.—
19
(1) TEMPLATES.— Not later than 180 days
20
after the date of the enactment of this Act, the Sec-
21
retary of Defense shall issue revised regulations
22
under revise subpart 242.15 of the DFARS to in-
23
clude standardized templates for reporting negative
24
performance events and calculating composite scores.
25
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(2) TRAINING AND GUIDANCE.—
1
(A) TRAINING.—The Secretary of Defense
2
shall develop and provide training for con-
3
tracting officers on—
4
(i) identifying, verifying, and report-
5
ing negative performance events; and
6
(ii) entering data for transaction
7
counts and contract dollar values to sup-
8
port the scoring mechanism.
9
(B) GUIDANCE.—Guidance shall emphasize
10
the use of objective evidence and the exclusion
11
of subjective judgments, including—
12
(i) standardized templates for report-
13
ing negative performance events;
14
(ii) guidelines for weighting negative
15
performance scores in source selection; and
16
(iii) procedures for quality assurance
17
reviews and contractor dispute resolution.
18
(3) SYSTEM MODIFICATIONS.—Not later than
19
one year after the date of the enactment of this Act,
20
the Secretary of Defense shall modify the CPARS
21
system to—
22
(A) support the categorization of negative
23
performance events;
24
(B) eliminate fields for subjective ratings;
25
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(C)
automatically
calculate
composite
1
scores based on reported data;
2
(D) include a mechanism for contractors to
3
review and respond to reported events and
4
scores; and
5
(E) integrate with the Federal Awardee
6
Performance and Integrity Information System
7
(FAPIIS) for seamless data sharing.
8
(4) TRANSITION PERIOD.—
9
(A) EXISTING CPARS EVALUATIONS.—For
10
contracts awarded prior to the effective date of
11
the revised regulations, contracting officers may
12
complete existing CPARS evaluations under the
13
prior system until the contract is closed or ter-
14
minated.
15
(B) NEW EVALUATIONS.—New evaluations
16
for contracts awarded after the date of the re-
17
vised implementing regulations shall comply
18
with this section.
19
(g) REPORTING AND OVERSIGHT.—
20
(1) REPORT.—Not later than one year after the
21
date of the enactment of this Act, the Secretary of
22
Defense shall submit a report to the Committees on
23
Armed Services of the Senate and the House of Rep-
24
resentatives on the implementation of the revised
25
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Contractor Performance Assessment Reporting Sys-
1
tem required by this section.
2
(2) GOVERNMENT ACCOUNTABILITY OFFICE RE-
3
VIEW.—Not later than 3 years after the date of the
4
enactment of this Act, the Comptroller General of
5
the United States shall conduct a review of the re-
6
vised contractor performance information system to
7
assess—
8
(A) its effectiveness in achieving the pur-
9
poses outlined in subsection (a);
10
(B) the accuracy and fairness of the scor-
11
ing mechanism; and
12
(C) the system’s impact on competition
13
and nontraditional defense contractor participa-
14
tion.
15
(h) DEFINITIONS.—In this section:
16
(1) NEGATIVE
PERFORMANCE
EVENT.—The
17
term
‘‘negative
performance
event’’
means
a
18
verifiable instance of contractor failure or poor per-
19
formance, as described in subsection (d).
20
(2)
NONTRADITIONAL
DEFENSE
CON-
21
TRACTOR.—The term ‘‘nontraditional defense con-
22
tractor’’ has the meaning given the term in section
23
3014 of title 10, United States Code.
24
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(3) VERIFIABLE DATA.—The term ‘‘verifiable
1
data’’ means objective evidence documented in con-
2
tract records, inspection reports, audits, correspond-
3
ence, or other government records.
4
SEC. 868. REPEALS OF EXISTING LAW TO STREAMLINE THE
5
DEFENSE ACQUISITION PROCESS.
6
The following provisions are hereby repealed:
7
(1) Section 3070 of title 10, United States
8
Code.
9
(2) Section 874 of the National Defense Au-
10
thorization Act for Fiscal Year 2018 (Public Law
11
115–91; 10 U.S.C. note prec. 3101).
12
(3) Section 810 of the National Defense Au-
13
thorization Act for Fiscal Year 2016 (Public Law
14
114–92; 10 U.S.C. note prec. 3101).
15
(4) Section 3106 of title 10, United States
16
Code.
17
(5) Section 8688 of title 10, United States
18
Code.
19
(6) Subsections (a)–(c) of section 804 of the
20
Duncan Hunter National Defense Authorization Act
21
for Fiscal Year 2009 (Public Law 110–417; 122
22
Stat. 4356).
23
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(7) Section 822 of the National Defense Au-
1
thorization Act for Fiscal Year 1996 (Public Law
2
104–106; 10 U.S.C. note prec. 3201).
3
(8) Section 892 of the National Defense Au-
4
thorization Act for Fiscal Year 2008 (Public Law
5
110–181; 10 U.S.C. 3201 note).
6
(9) Section 805 of the National Defense Au-
7
thorization Act for Fiscal Year 2004 (Public Law
8
108–136; 10 U.S.C. 3201 note).
9
(10) Section 823 of the National Defense Au-
10
thorization Act for Fiscal Year 2020 (Public Law
11
116–92; 10 U.S.C. 3204 note).
12
(11) Section 802 of the National Defense Au-
13
thorization Act for Fiscal Year 2020 (Public Law
14
116–92; 10 U.S.C. 3206 note).
15
(12) Section 3208 of title 10, United States
16
Code.
17
(13) Section 852 of the Carl Levin and Howard
18
P. ‘‘Buck’’ McKeon National Defense Authorization
19
Act for Fiscal Year 2015 (Public Law 113–291; 10
20
U.S.C. note prec. 3241).
21
(14) Subsections (a)–(f) of section 866 of the
22
Ike Skelton National Defense Authorization Act for
23
Fiscal Year 2011 (Public Law 111–383; 10 U.S.C.
24
note prec. 3241).
25
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(15) Section 143 of the Duncan Hunter Na-
1
tional Defense Authorization Act for Fiscal Year
2
2009 (Public Law 110–417; 10 U.S.C. note prec.
3
3241).
4
(16) Section 254 of the Duncan Hunter Na-
5
tional Defense Authorization Act for Fiscal Year
6
2009 (Public Law 110–417; 10 U.S.C. note prec.
7
3241).
8
(17) Section 886 of the National Defense Au-
9
thorization Act for Fiscal Year 2008 (Public Law
10
110–181; 10 U.S.C. note prec. 3241).
11
(18) Section 851 of the Ronald W. Reagan Na-
12
tional Defense Authorization Act for Fiscal Year
13
2005 (Public Law 108–375; 10 U.S.C. note prec.
14
3241).
15
(19) Section 314 of the Bob Stump National
16
Defense Authorization Act for Fiscal Year 2003
17
(Public Law 107–314; 10 U.S.C. note prec. 3241).
18
(20) Section 826 of the Floyd D. Spence Na-
19
tional Defense Authorization Act for Fiscal Year
20
2001 (Public Law 106–398; 10 U.S.C. note prec.
21
3241).
22
(21) Section 806 of the Strom Thurmond Na-
23
tional Defense Authorization Act for Fiscal Year
24
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1999 (Public Law 105–261; 10 U.S.C. note prec.
1
3241).
2
(22) Section 368 of the National Defense Au-
3
thorization Act for Fiscal Year 2012 (Public Law
4
112–81; 10 U.S.C. 3303 note).
5
(23) Section 875 of the National Defense Au-
6
thorization Act for Fiscal Year 2022 (Public Law
7
117–81; 10 U.S.C. note prec. 3344 ).
8
(24) Section 816 of the National Defense Au-
9
thorization Act for Fiscal Year 2006 (Public Law
10
109–163; 10 U.S.C. note prec. 3344).
11
(25) Section 3373 of title 10, United States
12
Code.
13
(26) Section 883 of the James M. Inhofe Na-
14
tional Defense Authorization Act for Fiscal Year
15
2023 (Public Law 117–263; 10 U.S.C. 3372 note).
16
(27) Section 3455 of title 10, United States
17
Code.
18
(28) Section 3678 of title 10, United States
19
Code.
20
(29) Section 133 of the Bob Stump National
21
Defense Authorization Act for Fiscal Year 2003
22
(Public Law 107–314; 10 U.S.C. 3678 note).
23
(30) Section 891 of the William M. (Mac)
24
Thornberry National Defense Authorization Act for
25
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425
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Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
1
3804 note).
2
(31) Section 380 of the National Defense Au-
3
thorization Act for Fiscal Year 2022 (Public Law
4
117–81; 10 U.S.C. 4001 note).
5
(32) Section 1056 of the National Defense Au-
6
thorization Act for Fiscal Year 2016 (Public Law
7
114–92; 10 U.S.C. 4001 note).
8
(33) Section 1603 of the National Defense Au-
9
thorization Act for Fiscal Year 2014 (Public Law
10
113–66; 10 U.S.C. 4007 note).
11
(34) Section 1089 of the National Defense Au-
12
thorization Act for Fiscal Year 2018 (Public Law
13
115–91; 10 U.S.C. 4025 note).
14
(35) Section 812 of the National Defense Au-
15
thorization Act for Fiscal Year 2000 (Public Law
16
106–65; 10 U.S.C. note prec. 4061).
17
(36) Section 235 of the National Defense Au-
18
thorization Act for Fiscal Year 2017 (Public Law
19
114–328; 10 U.S.C. 4126 note).
20
(37) Section 227 of the National Defense Au-
21
thorization Act for Fiscal Year 2024 (Public Law
22
118–31; 10 U.S.C. note prec. 4141).
23
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(38) Section 252 of the National Defense Au-
1
thorization Act for Fiscal Year 2020 (Public Law
2
116–92; 10 U.S.C. note prec. 4141).
3
(39) Section 1043 of the National Defense Au-
4
thorization Act for Fiscal Year 2010 (Public Law
5
111–84; 10 U.S.C. 4174 note).
6
(40) Section 828 of the National Defense Au-
7
thorization Act for Fiscal Year 2016 (Public Law
8
114–92; 10 U.S.C. note prec. 4201).
9
(41) Section 1252 of the Defense Procurement
10
Reform Act of 1984 (Public Law 98–525; 10 U.S.C.
11
4205 note).
12
(42) Section 812 of the Ike Skelton National
13
Defense Authorization Act for Fiscal Year 2011
14
(Public Law 111–383; 10 U.S.C. note prec. 4211).
15
(43) Section 806 of the National Defense Au-
16
thorization Act for Fiscal Year 2006 (Public Law
17
109–163; 10 U.S.C. note prec. 4211).
18
(44) Section 818 of the John Warner National
19
Defense Authorization Act for Fiscal Year 2007
20
(Public Law 109–364; 10 U.S.C. note prec. 4231).
21
(45) Section 802(d)(2) of the National Defense
22
Authorization Act for Fiscal Year 2016 (Public Law
23
114–92; 10 U.S.C. 4251 note).
24
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(46) Section 4271 of title 10, United States
1
Code.
2
(47) Section 814 of the Duncan Hunter Na-
3
tional Defense Authorization Act for Fiscal Year
4
2009 (Public Law 110–417; 10 U.S.C. 4271 note).
5
(48) Section 925(b) of the National Defense
6
Authorization Act for Fiscal Year 2017 (Public Law
7
114–328; 10 U.S.C. 4271 note).
8
(49) Section 812 of the John Warner National
9
Defense Authorization Act for Fiscal Year 2007
10
(Public Law 109–364; 10 U.S.C. 4325 note).
11
(50) Section 4423 of title 10, United States
12
Code.
13
(51) Section 831(b) of the Ike Skelton National
14
Defense Authorization Act for Fiscal Year 2011
15
(Public Law 111–383; 10 U.S.C. note prec. 4501).
16
(52) Section 863(a)–(h) of the Ike Skelton Na-
17
tional Defense Authorization Act for Fiscal Year
18
2011 (Public Law 111–383; 10 U.S.C. note prec.
19
4501).
20
(53) Section 832 of the John Warner National
21
Defense Authorization Act for Fiscal Year 2007
22
(Public Law 109–364; 10 U.S.C. note prec. 4501).
23
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(54) Section 883(e) of the National Defense
1
Authorization Act for Fiscal Year 2016 (Public Law
2
114–92; 10 U.S.C. note prec. 4571).
3
(55) Section 938 of the National Defense Au-
4
thorization Act for Fiscal Year 2014 (Public Law
5
113–66; 10 U.S.C. note prec. 4571).
6
(56) Section 1272 of the National Defense Au-
7
thorization Act for Fiscal Year 2018 (Public Law
8
115–91; 10 U.S.C. 4571 note).
9
(57) Section 2867 of the National Defense Au-
10
thorization Act for Fiscal Year 2012 (Public Law
11
112–81; 10 U.S.C. 4571 note).
12
(58) Section 215 of the Ike Skelton National
13
Defense Authorization Act for Fiscal Year 2011
14
(Public Law 111–383; 10 U.S.C. 4571 note).
15
(59) Section 881 of the National Defense Au-
16
thorization Act for Fiscal Year 2008 (Public Law
17
110–181; 10 U.S.C. 4571 note).
18
(60) Section 804 of the Bob Stump National
19
Defense Authorization Act for Fiscal Year 2003
20
(Public Law 107–314; 10 U.S.C. 4571 note).
21
(61) Chapter 345 of title 10, United States
22
Code.
23
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(62) Section 378 of the National Defense Au-
1
thorization Act for Fiscal Year 2022 (Public Law
2
117–81; 10 U.S.C. 113 note).
3
(63) Section 846(a) of the William M. (Mac)
4
Thornberry National Defense Authorization Act for
5
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
6
4811 note).
7
(64) Section 932 of the Ike Skelton National
8
Defense Authorization Act for Fiscal Year 2011
9
(Public Law 111–383; 10 U.S.C. 2224 note).
10
(65) Section 849 of the National Defense Au-
11
thorization Act for Fiscal Year 2018 (Public Law
12
115–91; 131 Stat. 1487).
13
(66) Section 804 of the National Defense Au-
14
thorization Act for Fiscal Year 2010 (Public Law
15
111–84; 123 Stat. 2402).
16
(67) Section 881 of the National Defense Au-
17
thorization Act for Fiscal Year 2016 (Public Law
18
114–92; 10 U.S.C. note prec. 4601).
19
(68) Section 802 of the Ronald W. Reagan Na-
20
tional Defense Authorization Act for Fiscal Year
21
2005 (Public Law 108–375; 10 U.S.C. note prec.
22
3062).
23
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(69) Section 913 of the Department of Defense
1
Authorization Act, 1986 (Public Law 99–145; 10
2
U.S.C. note prec. 3201).
3
(70) Section 821 of the National Defense Au-
4
thorization Act for Fiscal Year 2008 (Public Law
5
110–181; 10 U.S.C. note prec. 3451).
6
(71) Section 824(a) of the Ike Skelton National
7
Defense Authorization Act for Fiscal Year 2011
8
(Public Law 111–383; 10 U.S.C. 3774 note).
9
(72) Section 805 of the National Defense Au-
10
thorization Act for Fiscal Year 2008 (Public Law
11
110–181; 10 U.S.C. note prec. 3451).
12
(73) Section 844(b) of the National Defense
13
Authorization Act for Fiscal Year 2016 (Public Law
14
114–92; 10 U.S.C. 3453 note).
15
(74) Section 238(b) of the National Defense
16
Authorization Act for Fiscal Year 2008 (Public Law
17
110–181; 10 U.S.C. 4841 note).
18
(75) Subtitle D of title II of the National De-
19
fense Authorization Act for Fiscal Year 2006 (Pub-
20
lic Law 109–163; 119 Stat. 3175).
21
(76) Section 214 of the National Defense Au-
22
thorization Act for Fiscal Year 2008 (Public Law
23
110–181; 10 U.S.C. 4841 note).
24
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(77) Section 218 of the William M. (Mac)
1
Thornberry National Defense Authorization Act for
2
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
3
8013 note).
4
(78) Section 229 of the National Defense Au-
5
thorization Act for Fiscal Year 2020 (Public Law
6
116–92; 10 U.S.C. 4001 note).
7
(79) Section 232 of the National Defense Au-
8
thorization Act for Fiscal Year 2020 (Public Law
9
116–92; 10 U.S.C. 4001 note).
10
(80) Section 222 of the John S. McCain Na-
11
tional Defense Authorization Act for Fiscal Year
12
2019 (Public Law 115–232; 10 U.S.C. 4014 note).
13
(81) Section 230 of the John S. McCain Na-
14
tional Defense Authorization Act for Fiscal Year
15
2019 (Public Law 115–232; 10 U.S.C. note prec.
16
4061).
17
(82) Section 843 of the John S. McCain Na-
18
tional Defense Authorization Act for Fiscal Year
19
2019 (Public Law 115–232; 10 U.S.C. note prec.
20
4171).
21
(83) Section 938 of the National Defense Au-
22
thorization Act for Fiscal Year 2014 (Public Law
23
113–66; 10 U.S.C. note prec. 4571).
24
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(84) Section 1651 of the National Defense Au-
1
thorization Act for Fiscal Year 2020 (Public Law
2
116–92; 10 U.S.C. 4571 note).
3
(85) Section 1064 of the John S. McCain Na-
4
tional Defense Authorization Act for Fiscal Year
5
2019 (Public Law 115–232; 10 U.S.C. 4571 note).
6
(86) Section 854 of the Carl Levin and Howard
7
P. ‘‘Buck’’ McKeon National Defense Authorization
8
Act for Fiscal Year 2015 (Public Law 113–291; 10
9
U.S.C. 4571 note).
10
SEC. 869. ENHANCEMENT OF DEFENSE SUPPLY CHAIN RE-
11
SILIENCE AND SECONDARY SOURCE QUALI-
12
FICATION.
13
Section 865 of the Servicemember Quality of Life Im-
14
provement and National Defense Authorization Act for
15
Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4811
16
note) is amended—
17
(1) in subsection (b)—
18
(A) in paragraph (2), by striking ‘‘; and’’
19
and inserting a semicolon;
20
(B) by redesignating paragraph (3) as
21
paragraph (4); and
22
(C) by inserting after paragraph (2) the
23
following new paragraph:
24
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‘‘(3) produce all critical readiness parts and
1
systems, including those identified as having sole-
2
source dependencies, excessive lead times, unreason-
3
able pricing, or other supply chain deficiencies;
4
and’’;
5
(2) in subsection (d)—
6
(A) in paragraph (7), by striking ‘‘; and’’
7
and inserting a semicolon;
8
(B) in paragraph (8), by striking the pe-
9
riod at the end and inserting ‘‘; and’’; and
10
(C) by adding at the end the following new
11
paragraph:
12
‘‘(9) the Department of Defense avoids duplica-
13
tion of review processes for the approval of aircraft
14
parts and components and repairs that have already
15
been approved by a civil aviation authority under a
16
Parts Manufacturer Approval (PMA) or Designated
17
Engineering Representative (DER) spare or repair
18
certification and approval processes unless a written
19
justification is approved by the commander of a sys-
20
tems command of a military service and reported to
21
the congressional defense committees.’’;
22
(3) by redesignating subsections (f) through (j)
23
as subsections (g) through (k), respectively;
24
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(4) by inserting after subsection (e) insert the
1
following new subsection:
2
‘‘(f) EXPEDITED QUALIFICATION PANELS.—Each
3
military department shall establish an Expedited Quali-
4
fication Panel (EQP). The EQP shall develop standard-
5
ized templates for Source Approval Requests (SARs) and
6
review expedited SARs or PMAs within 14 days, issuing
7
conditional approvals (valid for 12 months) or full approv-
8
als based on tiered risk criteria, and leverage designated
9
engineering representatives or equivalent third-party cer-
10
tified engineers when appropriate.’’; and
11
(5) by adding at the end the following new sub-
12
section:
13
‘‘(l) DEFINITIONS.—In this section:
14
‘‘(1) The term ‘critical readiness parts and sys-
15
tems’ has the meaning given the term in section
16
4324 of title 10, United States Code.
17
‘‘(2) The term ‘non-safety critical items, or
18
non-mission critical items’ includes the following
19
items:
20
‘‘(A) Major risk parts or systems whose
21
failure causes structural damage or significant
22
mission degradation and requires finite element
23
modeling, fracture analysis, comparison to simi-
24
lar parts, or similar methods.
25
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‘‘(B) Minor risk parts and systems that
1
only have form, fit, and function requirements
2
verified by dimensional coordinate measuring
3
machines, go/no-go gauges, or similar methods.
4
‘‘(C) Low risk parts and systems that are
5
consumable or non-critical, requiring material
6
certification, visual inspections, or similar meth-
7
ods.
8
‘‘(3) The term ‘safety critical items or mission
9
critical items’ means parts or systems whose failure
10
causes loss of control, catastrophic failure, or loss of
11
life, and require full qualification, simulation, and
12
physical testing with Engineering Support Activity
13
witnessing.’’.
14
SEC. 870. ENHANCED PRODUCT SUPPORT MANAGEMENT
15
FOR INTEGRATED SUSTAINMENT OF WEAPON
16
SYSTEMS.
17
(a) IN GENERAL.—Section 4324 of title 10, United
18
States Code, is amended—
19
(1) in subsection (b)(1)—
20
(A) in subparagraph (B), by inserting ‘‘in
21
coordination with operational commands and
22
users’’ after ‘‘appropriate metrics’’; and
23
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(B) by striking subparagraph (I) and re-
1
designating subparagraph (J) as subparagraph
2
(I);
3
(2) in subsection (c)—
4
(A) by amending paragraph (1) to read as
5
follows:
6
‘‘(1) REQUIREMENT.—The Secretary of De-
7
fense shall require that each covered system be sup-
8
ported by a product support manager that shall inte-
9
grate sustainment activities across the Portfolio Ac-
10
quisition Executive, materiel and systems com-
11
mands, sustainment working capital funds, and
12
other elements of the sustainment enterprise by es-
13
tablishing a coordinated process to ensure weapon
14
system readiness and affordability throughout the
15
lifecycle.’’;
16
(B) in paragraph (2) by striking subpara-
17
graphs (B) through (I) and inserting the fol-
18
lowing new subparagraphs:
19
‘‘(B) adopt predictive analytics and simula-
20
tion and modeling tools to improve material
21
availability and reliability, increase operational
22
availability rates, and reduce operation and
23
sustainment costs;
24
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‘‘(C) select, transfer, direct, and coordinate
1
product support integrators and product sup-
2
port providers across materiel commands, de-
3
pots, sustainment working capital funds, and
4
commercial entities to execute the product sup-
5
port strategy and maintain updated parts cata-
6
loging and provisioning;
7
‘‘(D) review and recommend resource allo-
8
cations across product support integrators and
9
product support providers to meet performance
10
requirements of the product support strategy;
11
‘‘(E) prevent and resolve all diminishing
12
manufacturing supply and material shortages
13
and critical readiness parts and systems issues;
14
‘‘(F) manage the end-to-end coordination
15
of qualification, certification, and test of alter-
16
native sources of supply;
17
‘‘(G) ensure evaluation of offerors on a so-
18
licitation includes—
19
‘‘(i) a parts selection plan that enables
20
interoperability, maintainability, and com-
21
mercially supportable designs;
22
‘‘(ii) updated logistics product data
23
and maintenance manuals; and
24
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‘‘(iii) data rights and data ordering
1
consistent with the intellectual property
2
management
plan
in
the
life
cycle
3
sustainment plan;
4
‘‘(H) inspect, accept, and manage data de-
5
liveries and conformance of such data with con-
6
figuration changes in consultation with Defense
7
Contract Management Agency; and
8
‘‘(I) update the product support strategy
9
continuously as required, at a minimum every
10
five years.’’; and
11
(C) by adding at the end the following
12
paragraphs:
13
‘‘(3) ORGANIZATION.—Each Portfolio Acquisi-
14
tion Executive shall establish a Major Program
15
Manager to manage sustainment activities for in-
16
service systems and oversee all product support
17
managers of covered systems to ensure an expert
18
focus on sustainment.
19
‘‘(4) CAREER MANAGEMENT.—The Secretary of
20
Defense shall establish a formal career path for
21
product support managers, including selection cri-
22
teria, training programs, and certification require-
23
ments, aligned with the standards set forth in chap-
24
ter 87 of this title. Product support managers shall
25
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be selected from military and civilian personnel with
1
demonstrated expertise in sustainment, logistics,
2
supply chain, or engineering, and incentivized with
3
career progression opportunities equivalent to acqui-
4
sition program managers.
5
‘‘(5)
LIAISON
OFFICER
PROGRAM.—Each
6
sustainment working capital fund entity shall estab-
7
lish a liaison officer program to serve as the dedi-
8
cated point of contract to align working capital fund
9
management with product support manager activi-
10
ties for all covered systems.’’; and
11
(3) in subsection (d)—
12
(A) in paragraph (5) by inserting ‘‘any ac-
13
quisition or in-service program that is’’ after
14
‘‘The term ‘covered system’ means’’; and
15
(B) by adding at the end the following new
16
paragraph:
17
‘‘(9) CRITICAL
READINESS
PARTS
AND
SYS-
18
TEMS.—The term ‘critical readiness parts and sys-
19
tems’ means all parts and systems causing parts
20
causing Mission Impaired Capability Awaiting Parts
21
(MICAP), Not Mission Capable Supply (NMCS), or
22
Casualty Report (CASREP) Category 3 or 4 status,
23
as defined by the Department of Defense and re-
24
spective military services, or other parts or systems
25
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designated by the Secretary of Defense as impacting
1
readiness.’’.
2
SEC. 871. MODIFICATIONS TO CURRENT DEFENSE ACQUISI-
3
TION REQUIREMENTS.
4
(a) MODIFICATIONS TO TITLE 10.—Title 10, United
5
States Code, is amended—
6
(1) in section 1749(f)(1), by striking ‘‘on a re-
7
imbursable basis’’;
8
(2) in section 2222(i)(1)(A)—
9
(A) in clause (vi), by adding ‘‘or real estate
10
system’’ after ‘‘An installations management’’;
11
and
12
(B) by adding at the end the following new
13
clauses:
14
‘‘(ix) A budget system.
15
‘‘(x) A retail system.
16
‘‘(xi) A health care system.
17
‘‘(xii) A travel and expense system.
18
‘‘(xiii) A payroll system.
19
‘‘(xiv) A supply chain management
20
system.
21
‘‘(xv) A enterprise resource planning
22
system.
23
‘‘(xvi) A contractor management sys-
24
tem.’’;
25
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(3) in section 3012(3)(B), by striking ‘‘lowest
1
overall cost alternative’’ and inserting ‘‘best value’’;
2
(4) in section 3069—
3
(A) in subsection (a), by striking ‘‘if that
4
head of an agency’’ and all that follows through
5
‘‘a complete end item’’;
6
(B) by striking subsections (b) and (d);
7
and
8
(C) by redesignating—
9
(i) subsection (c) as subsection (b);
10
and
11
(ii) subsection (e) as subsection (c);
12
(5) in section 3204(e)—
13
(A) in paragraph (1), by striking subpara-
14
graph (B) and inserting the following:
15
‘‘(B) the justification is approved—
16
‘‘(i) in the case of a contract for an
17
amount exceeding the simplified acquisition
18
threshold
(but
not
more
than
19
$100,000,000)—
20
‘‘(I) by the competition advocate
21
for the contracting activity (without
22
further delegation); or
23
‘‘(II) by an official referred to in
24
clause (ii) or (iii);
25
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‘‘(ii) in the case of a contract for an
1
amount exceeding $100,000,000 (but not
2
more than $500,000,000)—
3
‘‘(I) by the head of the con-
4
tracting activity (without further dele-
5
gation);
6
‘‘(II) by an official referred to in
7
clause (iii); or
8
‘‘(III) for the Defense Advanced
9
Research Projects Agency, the De-
10
fense Innovation Unit, or the Missile
11
Defense Agency, by the director of the
12
agency; or
13
‘‘(iii) in the case of a contract for an
14
amount exceeding $500,000,000—
15
‘‘(I) by the senior procurement
16
executive for the agency as designated
17
for the purpose of section 1702(c) of
18
title 41 (without further delegation);
19
‘‘(II) in the case of the Under
20
Secretary of Defense for Acquisition
21
and Sustainment, acting in the capac-
22
ity as the senior procurement execu-
23
tive for the Department of Defense,
24
by the delegate of the Under Sec-
25
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retary as designated pursuant to
1
paragraph (6); or
2
‘‘(III) for the Defense Advanced
3
Research Projects Agency, the De-
4
fense Innovation Unit, or the Missile
5
Defense Agency, by the director of the
6
agency; and’’; and
7
(B) in paragraph (6)—
8
(i) by striking ‘‘(A) The authority of
9
the head’’ and all that follows through
10
‘‘(B) The authority of the Under Sec-
11
retary’’ and inserting ‘‘The authority of
12
the Under Secretary’’;
13
(ii) by redesignating clauses (i) and
14
(ii) as subparagraphs (A) and (B), respec-
15
tively; and
16
(iii) by redesignating subclauses (I)
17
and (II) as clauses (i) and (ii), respec-
18
tively;
19
(6) in section 3226(d), by amending paragraph
20
(2) to read as follows:
21
‘‘(2) Funds described in paragraph (1) may be
22
used—
23
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‘‘(A) to cover any increased program costs iden-
1
tified by a revised cost analysis or target developed
2
pursuant to subsection (b);
3
‘‘(B) to acquire additional end items in accord-
4
ance with section 3069 of this title; or
5
‘‘(C) to cover the cost of risk reduction and
6
process improvements.’’;
7
(7) in section 3243(d)—
8
(A) in paragraph (1)(B), by striking ‘‘sub-
9
ject to paragraph (2),’’;
10
(B) by striking paragraph (2); and
11
(C) by redesignating paragraph (3) as
12
paragraph (2);
13
(8) in section 3374(a)—
14
(A) in the heading, by striking ‘‘CERTAIN
15
REDUCED’’ after ‘‘ALLOWED PROFIT TO RE-
16
FLECT’’;
17
(B) in paragraph (1), by striking ‘‘and’’;
18
(C) in paragraph (2), by striking the pe-
19
riod and inserting ‘‘; and’’; and
20
(D) by adding at the end the following new
21
paragraph:
22
‘‘(3) the increased cost risk of the contractor
23
with respect to any costs incurred prior to the award
24
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of the undefinitized contractual action when such
1
costs—
2
‘‘(A) would otherwise have been directly
3
chargeable under the contract post-award; and
4
‘‘(B) were incurred to meet—
5
‘‘(i) the anticipated contract delivery
6
schedule of the agency; or
7
‘‘(ii) the anticipated contract price
8
targets of the agency.’’;
9
(9) in section 3703(a)(1)(A), by striking ‘‘com-
10
petition that results in at least two or more respon-
11
sive and viable competing bids’’ and inserting ‘‘price
12
competition’’;
13
(10) in section 3705, by amending subsection
14
(b) to read as follows:
15
‘‘(b) ALTERNATIVE SOURCES REQUIRED.—In the
16
event the contracting officer is unable to determine pro-
17
posed prices are fair and reasonable by any other means,
18
an offeror who fails to make a good faith effort to comply
19
with a reasonable request to submit data in accordance
20
with subsection (a) is ineligible for award unless the head
21
of the agency initiates the assessment of the offeror as
22
a source of supply for industrial capabilities under the au-
23
thorities provided by sections 865 and 882 of the Service-
24
member Quality of Life Improvement and National De-
25
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fense Authorization Act for Fiscal Year 2025 (Public Law
1
118–159).’’;
2
(11) in section 4201—
3
(A) in subsection (a)(2)—
4
(i) in subparagraph (A), by striking
5
‘‘$300,000,000 (based on fiscal year 1990
6
constant
dollars)’’
and
inserting
7
‘‘$1,000,000,000 (based on fiscal year
8
2024 constant dollars)’’; and
9
(ii) in subparagraph (B), by striking
10
‘‘$1,800,000,000 (based on fiscal year
11
1990 constant dollars)’’ and inserting
12
‘‘$5,000,000,000 (based on fiscal year
13
2024 constant dollars)’’; and
14
(B) in subsection (b), by adding at the end
15
the following new paragraph:
16
‘‘(3) An acquisition program for software and
17
covered hardware as described by section 3603 of
18
this title.’’;
19
(12) in section 4882, by striking ‘‘the Presi-
20
dent, through the head of any department,’’ each
21
place it appears and inserting ‘‘the Secretary of De-
22
fense’’; and
23
(13) in section 4884, by striking ‘‘The Presi-
24
dent’’ and inserting ‘‘The Secretary of Defense’’.
25
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(14) in section 4231—
1
(A) by striking subsection (a);
2
(B) by redesignating subsections (b) and
3
(c) as subsections (c) and (d), respectively;
4
(C) by inserting before subsection (c), as
5
redesignated by subparagraph (B), the fol-
6
lowing new subsections:
7
‘‘(a) CONDITIONS WITH RESPECT TO CERTAIN LOW-
8
RATE INITIAL PRODUCTION.—(1) The number of low-rate
9
initial production lots associated with a major defense ac-
10
quisition program may not be more than one if—
11
‘‘(A) the milestone decision authority author-
12
ized the use of a fixed-price type contract at the
13
time of Milestone B approval; and
14
‘‘(B) the scope of the work covered by the fixed-
15
price type contract includes the development and the
16
low-rate initial production of items for the major de-
17
fense acquisition program.
18
‘‘(2) The acquisition executive of the applicable serv-
19
ice, or a designee of the executive, may waive the limita-
20
tion under paragraph (1) if—
21
‘‘(A) the waiver authority is not delegated to
22
the contracting officer; and
23
‘‘(B) written notification of the waiver, which
24
includes the associated rationale, is provided to the
25
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congressional defense committees not later than 30
1
days after the date on which the waiver is issued.
2
‘‘(b) CONDITIONS WITH RESPECT TO CERTAIN SHIP-
3
BUILDING CONTRACTS.—(1) With respect to a fixed-price
4
type contract for the procurement of shipbuilding associ-
5
ated with a major defense acquisition program, the num-
6
ber of ships to be procured under the contract, including
7
all options, may not be more than two ships if the scope
8
of the work covered by the contract includes the detail de-
9
sign for the ship and the construction of items for the
10
launch and eventual delivery of the completed ship.
11
‘‘(2) The Secretary concerned may waive the limita-
12
tion under paragraph (1) if, not later than 30 days after
13
the date on which the waiver is issued, the Secretary sub-
14
mits to the congressional defense committees a written no-
15
tification of the waiver that includes a certification that
16
the basic and functional design of any ship to be procured
17
under the contract described in paragraph (1) is com-
18
plete.’’; and
19
(D) by adding at the end the following new
20
subsection:
21
‘‘(e) DEFINITIONS.—In this section:
22
‘‘(1) The term ‘basic and functional design’ has
23
the meaning given such term in section 8669c of
24
this title.
25
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‘‘(2) The term ‘construction’ means steel cut-
1
ting, module fabrication, assembly, outfitting, keel
2
laying, and module erection.
3
‘‘(3) The term ‘detail design’ means design
4
using computer-aided modeling to enable the genera-
5
tion of work instructions that show detailed system
6
information and support construction, including—
7
‘‘(A) guidance for subcontractors and sup-
8
pliers;
9
‘‘(B) installation drawings;
10
‘‘(C) schedules;
11
‘‘(D) material lists; and
12
‘‘(E) lists of prefabricated materials and
13
parts.
14
‘‘(4) The term ‘major defense acquisition pro-
15
gram’ has the meaning given such term in section
16
4201 of this title.
17
‘‘(5) The term ‘Milestone B approval’ has the
18
meaning given such term in section 4172 of this
19
title.
20
‘‘(6) The term ‘milestone decision authority’
21
has the meaning given such term in section 4211 of
22
this title.’’.
23
(b) MODIFICATIONS
TO NATIONAL DEFENSE AU-
24
THORIZATION ACTS.—
25
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(1) JOHN S. MCCAIN NATIONAL DEFENSE AU-
1
THORIZATION ACT FOR FISCAL YEAR 2019.—Section
2
890 of the John S. McCain National Defense Au-
3
thorization Act for Fiscal Year 2019 (Public Law
4
115–232; 10 U.S.C. note prec. 3701) is amended—
5
(A) in the heading, by striking ‘‘PILOT’’;
6
(B) by striking ‘‘pilot’’ each place it ap-
7
pears;
8
(C) in subsection (b)(2), by striking ‘‘mini-
9
mal reporting’’ and inserting ‘‘no unique report-
10
ing’’; and
11
(D) by striking subsections (c) and (d).
12
(2) SERVICEMEMBER
QUALITY
OF
LIFE
IM-
13
PROVEMENT AND NATIONAL DEFENSE AUTHORIZA-
14
TION ACT FOR FISCAL YEAR 2025.—Section 864(d)
15
of the Servicemember Quality of Life Improvement
16
and National Defense Authorization Act for Fiscal
17
Year 2025 (Public Law 118–159) is amended—
18
(A) in the subsection heading, by striking
19
‘‘CAPACITY-BASED’’
and
inserting
‘‘CAPA-
20
BILITY-BASED’’; and
21
(B) in paragraph (4), by striking ‘‘in-
22
creased capacity’’ and inserting ‘‘increased ca-
23
pability’’.
24
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SEC. 872. MINIMUM PRODUCTION LEVELS FOR MUNITIONS.
1
Section 222c of title 10, United States Code, is
2
amended—
3
(1) in subsection (a), by adding at the end the
4
following new paragraph:
5
‘‘(3) The minimum production levels.’’;
6
(2) by redesignating subsection (f) as sub-
7
section (g); and
8
(3) by inserting after subsection (e) the fol-
9
lowing new subsection:
10
‘‘(f) MINIMUM PRODUCTION LEVELS.—(1) The Sec-
11
retary of Defense, in coordination with the Under Sec-
12
retary of Defense for Acquisition and Sustainment and the
13
chiefs of staff of the armed forces, shall annually deter-
14
mine the minimum production level for each variant of
15
munitions required to meet the Out-Year Unconstrained
16
Total Munitions Requirement reported under subsection
17
(a)(1).
18
‘‘(2) The minimum production level for each munition
19
shall be calculated based on the Total Out-Year Uncon-
20
strained Total Munitions Requirement, as specified in sub-
21
section (c)(6), and shall account for the following:
22
‘‘(A) The inventory objective requirements for
23
each category listed in paragraphs (1) through (5)
24
of subsection (c) and paragraph (8) of such sub-
25
section.
26
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‘‘(B) The out-year worldwide inventory reported
1
under subsection (c)(7).
2
‘‘(C) The time required to meet the Out-Year
3
Unconstrained Total Munitions Requirement, as re-
4
ported pursuant to paragraphs (1) and (2) of sub-
5
section (e).
6
‘‘(3) The Secretary of Defense shall ensure that the
7
minimum production levels determined under this sub-
8
section are incorporated into the planning, programming,
9
budgeting, and execution process of the Department of
10
Defense to align munitions procurement with the Out-
11
Year Unconstrained Total Munitions Requirement.’’.
12
SEC. 873. PROCESSES FOR INCENTIVIZING CONTRACTOR
13
EXPANSION OF SOURCES OF SUPPLY.
14
(a) IN GENERAL.—For critical readiness parts and
15
systems, the Secretary of Defense shall enhance military
16
readiness by incentivizing the design activity to expand
17
sources of supply for critical readiness parts and systems,
18
through expedited qualification processes, advanced manu-
19
facturing techniques, and risk-informed certification.
20
(b) CONTRACTUAL REQUIREMENTS FOR SUPPLIER
21
DIVERSIFICATION.—
22
(1) REQUIREMENT.—The Secretary of Defense
23
shall ensure that all new or modified contracts with
24
a prime contractor shall include contracting incen-
25
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tives to expand sources of supply with each design
1
activity at any tier of the supply chain for systems
2
with critical readiness parts and systems.
3
(2) MANDATORY
AMSC
RECLASSIFICATION.—
4
For any identified critical readiness part or system,
5
the design activity shall, not later than 60 days after
6
notification by the Department of Defense, conduct
7
a review and propose reclassification of the Acquisi-
8
tion Method Suffix Code (AMSC) to reduce sole-
9
source dependency for any part or system with a
10
lead time greater than, unless the Secretary of De-
11
fense grants a waiver based on national security or
12
operational necessity.
13
(3) IMPLEMENTATION.—The design activity
14
shall submit supplier diversification plans not later
15
than 90 days after contract award, detailing pro-
16
posed supplier qualifications and projected benefits.
17
(4) ENFORCEMENT.—Noncompliance shall re-
18
sult in corrective action requests, reduced contractor
19
performance ratings, or contract termination.
20
(c) EXPEDITED QUALIFICATION.—
21
(1) IN
GENERAL.—The Secretary of Defense
22
shall expedite qualification procedures for critical
23
readiness parts and systems in collaboration with
24
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the design activity at any tier of the contract supply
1
chain.
2
(2) DELEGATION.—The Secretary of Defense
3
may delegate authority to designated engineering
4
representatives (DERs) of the Federal Aviation Ad-
5
ministration or equivalent third-party certified engi-
6
neers for specific tasks for parts approved through
7
the Federal Aviation Administration’s Parts Manu-
8
facturer Approval (PMA) processes.
9
(d) ENHANCED USE OF SIMULATION FOR CERTIFI-
10
CATION.—
11
(1) IN
GENERAL.—The Secretary of Defense
12
shall
mandate
the
use
of
simulation-based
13
verification for certifying critical readiness parts and
14
systems, reducing reliance on physical testing for
15
non-safety critical items, or non-mission critical
16
items, as those terms are defined in section 865 of
17
the Servicemember Quality of Life Improvement and
18
National Defense Authorization Act for Fiscal Year
19
2025 (Public Law 118–159; 10 U.S.C. 4811 note).
20
(2) SUBMISSION
OF
SIMULATION-BASED
EVI-
21
DENCE.—Design activities or DERs shall submit to
22
the Department upon request simulation-based evi-
23
dence, such as structural/strength analysis reports
24
and fault trees.
25
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(3) ACCEPTANCE OF SIMULATION-BASED EVI-
1
DENCE.—Engineering Support Activities (ESAs)
2
shall accept simulation data as primary evidence for
3
non-safety critical items, or non-mission critical
4
items, with conditional approvals issued within 14
5
days for critical readiness parts and systems.
6
(4) SIMULATION
VALIDATION
FRAMEWORK.—
7
Not later than 180 days after the date of the enact-
8
ment of this Act, the Secretary of Defense shall es-
9
tablish a Department-wide simulation validation
10
framework incorporating third-party lab testing.
11
(e) DATA RIGHTS ENFORCEMENT AND REVERSE EN-
12
GINEERING.—If a design activity is unwilling or unable
13
to initiate expedited qualification or source alternative
14
suppliers for critical readiness parts and systems within
15
30 days of notification, the Secretary of Defense shall—
16
(1) review and enforce government access to
17
technical data deliverables to enable alternative
18
sourcing under subchapter I of chapter 275 of title
19
10, United States Code; or
20
(2) initiate reverse engineering to qualify new
21
suppliers using the pilot program established under
22
section 882 of the Servicemember Quality of Life
23
Improvement and National Defense Authorization
24
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Act for Fiscal Year 2025 (Public Law 118–159; 10
1
U.S.C. 3771 note).
2
(f) REPORT.—Not later than December 31, 2027, the
3
Secretary of Defense shall submit to the congressional de-
4
fense committees report detailing—
5
(1) the number of critical readiness parts and
6
systems addressed through AMSC reclassification,
7
supplier diversification, and reverse engineering;
8
(2) the implementation status of expedited tem-
9
plates, simulation use, and fast-track processes;
10
(3) compliance by design activities, including
11
enforcement actions and data rights disputes; and
12
(4) the impact on critical readiness parts and
13
system resolution times and readiness metrics.
14
(g) DEFINITIONS.—In this section:
15
(1) The term ‘‘critical readiness parts and sys-
16
tems’’ has the meaning given the term in section
17
4324 of title 10, United States Code.
18
(2) The term ‘‘design activity’’ has the meaning
19
given the term in Revision C to Military Standard
20
31000 (MIL–STD–31000C), entitled ‘‘Technical
21
Data Packages’’, or successor document.
22
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SEC. 874. DUTY-FREE ENTRY OF SUPPLIES PROCURED BY
1
DEPARTMENT OF DEFENSE.
2
(a) ISSUANCE
OF
DUTY-FREE
ENTRY
CERTIFI-
3
CATES.—
4
(1) IN GENERAL.—Except as provided by para-
5
graph (2), the Secretary of Defense shall issue a
6
duty-free entry certificate for any of the following
7
supplies imported pursuant to a procurement con-
8
tract entered into by the Department of Defense:
9
(A) An end product or component im-
10
ported from a country with which the United
11
States has a memorandum of understanding for
12
reciprocal procurement of defense items in ef-
13
fect under section 4851 of title 10, United
14
States Code.
15
(B) A defense item that is an eligible prod-
16
uct as defined in section 308 of the Trade
17
Agreements Act of 1979 (19 U.S.C. 2518).
18
(2) EXCEPTIONS.—Paragraph (1) does not
19
apply with respect to a product or component de-
20
scribed in that paragraph if—
21
(A) the product or component is eligible
22
for duty-free treatment under the column 1 spe-
23
cial rate of duty column of the Harmonized
24
Tariff Schedule of the United States; or
25
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(B) the product or component has already
1
entered the customs territory of the United
2
States and the contractor already has paid the
3
duty with respect to the product or component.
4
(b) TRACKING OF SUPPLY CHAIN.—The Secretary
5
shall—
6
(1) track the impact of economic fluctuations,
7
include tariffs, supply chain disruptions and infla-
8
tion, on all major prime contracts entered into by
9
the Department of Defense; and
10
(2) not later than January 30, 2026, submit to
11
the congressional defense committees a report that
12
includes—
13
(A) an assessment of cost increases to both
14
the Department and contractors as a result of
15
tariffs imposed under the International Emer-
16
gency Economic Powers Act (50 U.S.C. 1701 et
17
seq.) and section 232 of the Trade Expansion
18
Act of 1962 (19 U.S.C. 1862);
19
(B) an assessment of the effects of such
20
tariffs on supply chains and lead times for
21
major defense platforms; and
22
(C) a summary of agreements entered into
23
under section 4851 of title 10, United States
24
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Code, and an assessment of the application of
1
those agreements to the defense supply chain.
2
(c) REPORT
ON
DUTY-FREE
ENTRY
CERTIFI-
3
CATES.—Not later than January 30, 2026, and annually
4
thereafter until January 30, 2030, the Secretary, acting
5
through the Director of the Defense Contract Manage-
6
ment Agency, shall submit to the congressional defense
7
committees a report on articles classified under sub-
8
heading 9808.00.30 of the Harmonized Tariff Schedule of
9
the United States that includes—
10
(1) a summary of such articles for which the
11
Secretary issued a duty-free entry certificate; and
12
(2) a summary of such articles for which a
13
duty-free entry certificate was requested and denied.
14
SEC. 875. OTHER TRANSACTION AUTHORITY REPORTING.
15
Any project carried out by the Department of De-
16
fense using other transaction authority under section 4021
17
of title 10, United States Code, shall be reported in the
18
same manner as other Department of Defense expendi-
19
tures for inclusion in the searchable public website estab-
20
lished by the Federal Funding Accountability and Trans-
21
parency Act of 2006 (31 U.S.C. 6101 note; Public Law
22
109–282).
23
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SEC. 876. ASSESSMENT OF COMPETITIVE EFFECTS OF DE-
1
FENSE CONTRACTOR TRANSACTIONS.
2
(a) DEFINITION.—In this section, the term ‘‘Depart-
3
ment’’ means the Department of Defense.
4
(b) RETROSPECTIVE REVIEWS OF APPROVED MERG-
5
ERS.—The Comptroller General of the United States shall
6
conduct an assessment of the competitive effects of de-
7
fense contractor mergers and acquisitions during the 10-
8
year period ending on the date of enactment of this Act
9
that includes—
10
(1) company compliance with recommended
11
remedies;
12
(2) effectiveness of remedies to address com-
13
petition concerns, industrial base sustainability, and
14
national security risks raised by the Department of
15
Justice, Federal Trade Commission, and Depart-
16
ment in the merger review process;
17
(3) information sharing between the Depart-
18
ment of Justice, Federal Trade Commission, and the
19
Department in the merger and acquisition review
20
process;
21
(4) Department processes for measuring the
22
impacts of vertical integration on competition, in-
23
cluding data collection and ability to access industry
24
information to assess anticompetitive practices; and
25
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(5) implementation of previous Government Ac-
1
countability
Office,
Department,
and
Defense
2
Science Board recommendations to enhance competi-
3
tion.
4
SEC. 877. EVALUATION OF TP-LINK TELECOMMUNICATIONS
5
EQUIPMENT FOR DESIGNATION AS COVERED
6
TELECOMMUNICATIONS
EQUIPMENT
OR
7
SERVICES.
8
(a) EVALUATION REQUIRED.—The Secretary of De-
9
fense shall evaluate telecommunications equipment and
10
services manufactured or provided by TP-Link Tech-
11
nologies Co., Ltd. and its subsidiaries to determine wheth-
12
er such equipment and services should be designated as
13
covered telecommunications equipment or services under
14
section 889 of the John S. McCain National Defense Au-
15
thorization Act for Fiscal Year 2019 (Public Law 115–
16
232; 41 U.S.C. 3901 note prec.).
17
(b) BRIEFING REQUIRED.—Not later than December
18
1, 2026, the Secretary of Defense shall brief the congres-
19
sional defense committees on the determination made
20
under subsection (a).
21
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SEC. 878. COUNTRY-OF-ORIGIN DISCLOSURE REQUIRE-
1
MENTS FOR GENERIC DRUGS PURCHASED BY
2
THE DEPARTMENT OF DEFENSE.
3
The Department of Defense may not procure for re-
4
sale any generic drug unless the seller of such generic drug
5
discloses the country the generic drug was manufactured
6
in and the country of origin for all active pharmaceutical
7
ingredients and key starting materials.
8
SEC. 879. PHASE-OUT OF COMPUTER AND PRINTER ACQUI-
9
SITIONS INVOLVING ENTITIES OWNED OR
10
CONTROLLED BY CHINA.
11
(a) IN GENERAL.—The Secretary of Defense may not
12
directly or indirectly acquire any computer or printer if
13
the manufacturer is a covered Chinese entity.
14
(b) PROHIBITION ON INDIRECT SALES.—The Sec-
15
retary of Defense shall ensure that the prohibition under
16
subsection (a) also applies to indirect sales through ex-
17
empt subsidiaries. No covered entity may use an exempt
18
subsidiary to circumvent the prohibition on the acquisition
19
of computers, unified communication devices, or printers.
20
(c) APPLICABILITY.—This section shall apply only
21
with respect to contracts or other agreements entered into,
22
renewed, or extended in accordance with the percentage
23
thresholds specified in subsection (d), for end user com-
24
puting devices such as laptops, desktops, and other phys-
25
ical computing equipment. This section shall not apply to
26
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contracts or other agreements for cloud-based services, in-
1
cluding virtual desktops, or cellular telephones.
2
(d) REQUIRED
PERCENTAGES.—The percentage
3
thresholds referred to in subsection (c) are, for both com-
4
puters and printers, as follows:
5
(1) Not less than 10 percent of the Depart-
6
ment’s total procurement beginning in fiscal year
7
2026.
8
(2) Not less than 25 percent of the Depart-
9
ment’s total procurement beginning in fiscal year
10
2027.
11
(3) Not less than 50 percent of the Depart-
12
ment’s total procurement beginning in fiscal year
13
2028.
14
(4) 100 percent of the Department’s total pro-
15
curement beginning in fiscal year 2029.
16
(e) WAIVER.—The Secretary of Defense may allow
17
acquisition of items not for operational use, to conduct
18
testing, evaluation, exfiltration, and reverse engineering
19
missions on adversarial products and capabilities.
20
(f) DEFINITIONS.—In this section:
21
(1) COMPUTER.—The term ‘‘computer’’—
22
(A) means an electronic, magnetic, optical,
23
electrochemical, or other high speed data proc-
24
essing device performing logical, arithmetic, or
25
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storage functions, and includes any data stor-
1
age facility or communications facility directly
2
related to or operating in conjunction with such
3
device; and
4
(B) does not include an automated type-
5
writer or typesetter, a portable handheld calcu-
6
lator, or other similar device.
7
(2) COUNTRY OF CONCERN.—The term ‘‘coun-
8
try of concern’’ means the Government of the Peo-
9
ple’s Republic of China.
10
(3) COVERED
CHINESE
ENTITY.—The term
11
‘‘covered Chinese entity’’ means an entity that the
12
Secretary of Defense, in consultation with the Direc-
13
tor of the National Intelligence or the Director of
14
the Federal Bureau of Investigation, determines to
15
be—
16
(A) an entity whose ultimate parent com-
17
pany is domiciled in the People’s Republic of
18
China and therefore required to comply with
19
China’s 2015 National Security Law, China’s
20
2017 National Intelligence Law, and other Chi-
21
nese laws that require such ultimate parent
22
company to cooperate with Chinese national de-
23
fense and national intelligence agencies; or
24
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(B) an entity or parent company of any
1
entity in which a country of concern has an
2
ownership stake.
3
(4) MANUFACTURER.—The term ‘‘manufac-
4
turer’’ means—
5
(A) the entity that transforms raw mate-
6
rials, miscellaneous parts, or components into
7
the end item;
8
(B) any entity that subcontracts with the
9
entity described in subparagraph (A) for the en-
10
tity described in such subparagraph to trans-
11
form raw materials, miscellaneous parts, or
12
components into the end item;
13
(C) any entity that otherwise directs the
14
entity described in subparagraph (A) to trans-
15
form raw materials, miscellaneous parts, or
16
components into the end item; or
17
(D) any parent company, subsidiary, or af-
18
filiate of the entity described in subparagraph
19
(A).
20
(5) PRINTER.—The term ‘‘printer’’—
21
(A) means desktop printers, multifunction
22
printer copiers, and printer/fax combinations
23
taken out of service that may or may not be de-
24
signed to reside on a work surface, and include
25
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various print technologies, including laser and
1
light-emitting diode (electrographic), ink jet,
2
dot matrix, thermal, and digital sublimation,
3
and ‘‘multi-function’’ or ‘‘all-in-one’’ devices
4
that perform different tasks, including copying,
5
scanning, faxing, and printing;
6
(B) includes floor-standing printers, print-
7
ers with optional floor stand, or household
8
printers; and
9
(C) does not include point of sale (POS)
10
receipt printers, calculators with printing capa-
11
bilities, label makers, or non-standalone print-
12
ers that are embedded into products that are
13
not covered by the definition in subparagraphs
14
(A) and (B).
15
SEC. 880. PROHIBITION ON OPERATION, PROCUREMENT,
16
AND CONTRACTING RELATED TO FOREIGN-
17
MADE
ADDITIVE
MANUFACTURING
MA-
18
CHINES.
19
(a) PROHIBITION ON AGENCY OPERATION OR PRO-
20
CUREMENT.—The Secretary of Defense may not operate,
21
or enter into or renew a contract for the procurement of—
22
(1) a covered additive manufacturing machine
23
that—
24
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(A) is manufactured in a covered foreign
1
country or by an entity domiciled in a covered
2
foreign country;
3
(B) uses operating software developed in a
4
covered foreign country or by an entity domi-
5
ciled in a covered foreign country; or
6
(C) uses network connectivity or data stor-
7
age located in or administered by an entity
8
domiciled in a covered foreign country; or
9
(2) a system or systems that incorporates,
10
interfaces with, or otherwise uses additive manufac-
11
turing systems or machines described in paragraph
12
(1).
13
(b) EXCEPTION.—The prohibition under subsection
14
(a) does not apply to the operation or procurement of ad-
15
ditive manufacturing systems or machines for the pur-
16
poses of testing, analysis, and training related to intel-
17
ligence, electronic warfare, and information warfare oper-
18
ations.
19
(c) WAIVER.—The Secretary of Defense may waive
20
the prohibition under subsection (a) on a case-by-case
21
basis by certifying in writing to the congressional defense
22
committees that the operation or procurement of additive
23
manufacturing systems or machines is required in the na-
24
tional interest of the United States.
25
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(d) DEFINITIONS.—In this section:
1
(1) ADDITIVE
MANUFACTURING
MACHINE.—
2
The term ‘‘additive manufacturing machine’’ means
3
a system of integrated hardware and software used
4
to realize an additive manufacturing process, includ-
5
ing the deposition of material and the associated
6
post-processing steps as applicable.
7
(2) ADDITIVE MANUFACTURING PROCESS.—The
8
term ‘‘additive manufacturing process’’ means a
9
process of joining materials to make parts from 3D
10
model data, usually layer upon layer, as opposed to
11
subtractive manufacturing methodologies.
12
(3) COVERED ADDITIVE MANUFACTURING COM-
13
PANY.—The term ‘‘covered additive manufacturing
14
company’’ means any of the following:
15
(A) Any entity that produces or provides
16
additive manufacturing machines and is in-
17
cluded on—
18
(i) the Consolidated Screening List
19
maintained by the International Trade Ad-
20
ministration of the Department of Com-
21
merce; or
22
(ii) the civil-military fusion list main-
23
tained under section 1260H of the William
24
M. (Mac) Thornberry National Defense
25
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Authorization Act for Fiscal Year 2021
1
(Public Law 116–283; 10 U.S.C. 113
2
note).
3
(B) Any entity that produces or provides
4
additive manufacturing machines and—
5
(i) is domiciled in a covered foreign
6
country; or
7
(ii) is subject to unmitigated foreign
8
ownership, control, or influence by a cov-
9
ered foreign country, as determined by the
10
Secretary of Defense in accordance with
11
the National Industrial Security Program
12
or any successor to such program.
13
(4) COVERED ADDITIVE MANUFACTURING MA-
14
CHINE.—The term ‘‘covered additive manufacturing
15
machine’’ means additive manufacturing machines
16
and any related services and equipment manufac-
17
tured by a covered additive manufacturing company.
18
(5) COVERED FOREIGN COUNTRY.—The term
19
‘‘covered foreign country’’ means the People’s Re-
20
public of China, Iran, the Democratic People’s Re-
21
public of Korea, and the Russian Federation.
22
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TITLE IX—DEPARTMENT OF DE-
1
FENSE ORGANIZATION AND
2
MANAGEMENT
3
Subtitle A—Office of the Secretary
4
of Defense and Related Matters
5
SEC. 901. ECONOMIC DEFENSE UNIT.
6
(a) IN GENERAL.—Chapter 4 of title 10, United
7
States Code, is amended by adding at the end the fol-
8
lowing new section:
9
‘‘§ 149a. Economic Defense Unit
10
‘‘(a) ESTABLISHMENT.—There is established in the
11
Department of Defense an Economic Defense Unit (in this
12
section referred to as the ‘Unit’).
13
‘‘(b) DIRECTOR.—
14
‘‘(1) IN GENERAL.—The head of the Unit shall
15
be the Director (in this section referred to as the
16
‘Director’).
17
‘‘(2) APPOINTMENT.—The Director shall be ap-
18
pointed by the Secretary of Defense from among—
19
‘‘(A) employees in Senior Executive Service
20
positions (as defined in section 3132 of title 5);
21
or
22
‘‘(B) individuals from outside the civil
23
service who have successfully held equivalent
24
positions.
25
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‘‘(3) AUTHORITY
OF
DIRECTOR.—The Direc-
1
tor—
2
‘‘(A) shall serve as a principal staff assist-
3
ant to the Secretary of Defense on matters
4
within the responsibilities of the Unit;
5
‘‘(B) shall report directly to the Deputy
6
Secretary of Defense without intervening au-
7
thority; and
8
‘‘(C) may communicate views on matters
9
within the responsibilities of the Unit directly to
10
the Deputy Secretary without obtaining the ap-
11
proval or concurrence of any other official with-
12
in the Department of Defense.
13
‘‘(c) RESPONSIBILITIES.—The Unit shall be respon-
14
sible for the following:
15
‘‘(1) Coordinating among, and harmonizing eco-
16
nomic competition activities by, components of the
17
Department of Defense, including by serving as a
18
co-chair of the National Defense Economic Competi-
19
tion Research Council.
20
‘‘(2) Developing and maintaining requirements
21
for economic competition activities to reinforce mili-
22
tary advantage, including requirements described in
23
subsection (d).
24
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‘‘(3) Developing and maintaining a campaign
1
plan for economic competition activities to reinforce
2
military advantage.
3
‘‘(4) Conducting or sponsoring analyses and
4
other net assessment activities to scope economic
5
competition activities, gaps, needs, or requirements
6
related to activities of the United States, allies of
7
the United States, or adversaries.
8
‘‘(5) Directing the execution of economic com-
9
petition activities.
10
‘‘(6) Developing programming and budget sub-
11
missions for economic competition activities.
12
‘‘(7) Advising the Secretary and the Deputy
13
Secretary with respect to economic competition ac-
14
tivities, including with respect to coordinating inte-
15
gration of economic competition requirements or
16
programs into joint and interagency planning activi-
17
ties.
18
‘‘(8) Acting as the principal interlocutor for
19
interagency activities related to economic competi-
20
tion activities.
21
‘‘(9) Leading outreach of the Department of
22
Defense to relevant private actors engaged in eco-
23
nomic competition activities, including by liaising
24
with private actors under section 1047 of the James
25
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M. Inhofe National Defense Authorization Act for
1
Fiscal Year 2023 (Public Law 117–263; 10 U.S.C.
2
113 note).
3
‘‘(10) Sponsoring or conducting regular table-
4
top exercises related to economic competition activi-
5
ties in order to—
6
‘‘(A) assess the economic impacts of deci-
7
sions of the Department of Defense during cri-
8
ses and conflicts;
9
‘‘(B) evaluate the economic tools available
10
to the United States Government to augment
11
the capabilities of the Department of Defense in
12
competition, crises, and conflicts; or
13
‘‘(C) evaluate planning scenarios or con-
14
cept development, including to test proposed
15
doctrine, tactics, or other nonmaterial ap-
16
proaches for economic competition activities
17
that might be used by the Department of De-
18
fense.
19
‘‘(11) Selecting economic competition activities
20
projects to be carried out using funds made available
21
to the Unit, allocating funds to organizations to
22
carry out such projects, and monitoring the execu-
23
tion of such projects.
24
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‘‘(12) Serving as the co-chair of the National
1
Security Capital Forum.
2
‘‘(13) Carrying out such other activities as the
3
Deputy Secretary of Defense determines appro-
4
priate.
5
‘‘(14) Regularly updating the National Security
6
Council and relevant Federal agencies with respect
7
to the economic competition activities of the Depart-
8
ment of Defense.
9
‘‘(d) ECONOMIC COMPETITION REQUIREMENTS.—
10
‘‘(1) IN GENERAL.—The requirements for eco-
11
nomic competition activities developed and main-
12
tained by the Unit under subsection (c)(2) may in-
13
clude requirements for—
14
‘‘(A) access, basing, and overflight;
15
‘‘(B) countering mobilization of adver-
16
saries;
17
‘‘(C) countering defense industrial base ac-
18
tivities by adversaries;
19
‘‘(D) ensuring the access of the United
20
States to critical materials and capabilities; and
21
‘‘(E) such other matters as the Director
22
considers appropriate.
23
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‘‘(2) CONSULTATIONS.—In developing require-
1
ments for economic competition activities under sub-
2
section (c)(2), the Director shall consult—
3
‘‘(A) integrated priorities lists from com-
4
batant commanders derived from operational
5
plans or theater campaign plans;
6
‘‘(B) integrated priorities lists of defense
7
industrial base shortfalls or investment opportu-
8
nities; and
9
‘‘(C) the outcomes of experimentation
10
events, science and technology activities, and
11
examinations of issues of economic competition
12
by concept development organizations.
13
‘‘(e) REPORTING REQUIREMENTS.—
14
‘‘(1) QUARTERLY
BRIEFINGS.—Not less fre-
15
quently than quarterly, the Director shall provide to
16
the Secretary of Defense and the congressional de-
17
fense committees a briefing on, for the quarter pre-
18
ceding the briefing—
19
‘‘(A) the activities of the Unit;
20
‘‘(B) the outcomes of and advances result-
21
ing from such activities; and
22
‘‘(C) work product of the Unit.
23
‘‘(2) ANNUAL
REPORTS.—Not less frequently
24
than annually, the Director shall submit to the con-
25
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gressional defense committees a report on the mat-
1
ters described in subparagraphs (A), (B), and (C) of
2
paragraph (1) for the year preceding submission of
3
the report.
4
‘‘(f) ECONOMIC
COMPETITION
ACTIVITIES
DE-
5
FINED.—In this section, the term ‘economic competition
6
activities’ means actions that are taken to reinforce mili-
7
tary advantage in and through the economic domain, in-
8
cluding such actions taken—
9
‘‘(1) to leverage private capital and market ac-
10
tors;
11
‘‘(2) to acquire or procure items;
12
‘‘(3) to protect or enhance the economic or
13
technological advantage of the United States or al-
14
lies of the United States;
15
‘‘(4) in the information environment or cyber
16
environment or as other sensitive operations; or
17
‘‘(5) to leverage interagency authorities.’’.
18
(b) NATIONAL DEFENSE ECONOMIC COMPETITION
19
RESEARCH COUNCIL.—Section 228(c) of the Servicemem-
20
ber Quality of Life Improvement and National Defense
21
Authorization Act for Fiscal Year 2025 (Public Law 118–
22
159; 10 U.S.C. 4001 note) is amended—
23
(1) by amending paragraph (1) to read as fol-
24
lows:
25
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‘‘(1) CHAIR.—The Director of the Economic
1
Defense Unit shall be the chair of the Council.’’; and
2
(2) in paragraph (2)—
3
(A) by redesignating subparagraphs (A)
4
through (N) as clauses (i) through (xiv), respec-
5
tively, and by moving such clauses, as so redes-
6
ignated, two ems to the right; and
7
(B) by striking ‘‘The co-chairs’’ and all
8
that follows through ‘‘the following:’’ and in-
9
serting in the following: ‘‘The Council shall in-
10
clude the following:
11
‘‘(A) The Under Secretary of Defense for
12
Policy.
13
‘‘(B) The Under Secretary of Defense for
14
Research and Engineering.
15
‘‘(C) The Under Secretary of Defense for
16
Acquisition and Sustainment.
17
‘‘(D) Representatives from each of the fol-
18
lowing:’’.
19
(c) NATIONAL SECURITY CAPITAL FORUM.—Section
20
1092(b) of the Servicemember Quality of Life Improve-
21
ment and National Defense Authorization Act for Fiscal
22
Year 2025 (Public Law 118–159; 10 U.S.C. 149 note) is
23
amended to read as follows:
24
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‘‘(b) CO-CHAIRS.—The Director of the Office of Stra-
1
tegic Capital and the Director of the Economic Defense
2
Unit shall serve as co-chairs of the forum established
3
under subsection (a).’’.
4
SEC. 902. ADDITIONAL AUTHORITIES FOR OFFICE OF STRA-
5
TEGIC CAPITAL.
6
(a) IN GENERAL.—Section 149 of title 10, United
7
States Code, is amended—
8
(1) by redesignating subsection (f) as sub-
9
section (j); and
10
(2) by inserting after subsection (e) the fol-
11
lowing new subsections:
12
‘‘(f) FEES.—
13
‘‘(1) IN GENERAL.—The Director may—
14
‘‘(A) charge and collect fees for the costs
15
of services provided by the Office and associ-
16
ated with administering programs under this
17
section, including for project-specific trans-
18
action costs and direct costs relating to such
19
services; and
20
‘‘(B) establish those fees at amounts that
21
will ensure recovery of the full costs of admin-
22
istering those programs.
23
‘‘(2) DEPOSIT
INTO
CREDIT
PROGRAM
AC-
24
COUNT.—
25
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‘‘(A) IN GENERAL.—Amounts collected as
1
fees under paragraph (1) shall—
2
‘‘(i) be deposited into the Credit Pro-
3
gram Account established under subsection
4
(e)(5); and
5
‘‘(ii) remain available until expended.
6
‘‘(B) LIMITATION ON USE OF FEES.—Not-
7
withstanding subsection (e)(5)(B), none of the
8
fees collected under paragraph (1) may be used
9
to pay salaries or expenses of civilian employees
10
of the Department of Defense.
11
‘‘(3) TERMINATION OF AUTHORITY.—
12
‘‘(A) IN GENERAL.—Except as provided by
13
subparagraph (B), the authority under para-
14
graph (1) to charge and collect fees shall expire
15
on the date specified in paragraph (9)(A) of
16
subsection (e) for the expiration of the author-
17
ity of the Director to make new loans and pro-
18
vide new loan guarantees under paragraph
19
(3)(A)(i) of that subsection.
20
‘‘(B) TREATMENT OF CERTAIN ASSETS.—
21
With respect to a loan or loan guarantee pro-
22
vided under this section that is outstanding as
23
of the expiration date under subparagraph (A),
24
the authority of the Director under paragraph
25
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(1) to charge and collect fees for services relat-
1
ing to the loan or loan guarantee shall remain
2
in effect for the duration of the loan or loan
3
guarantee.
4
‘‘(4) REPORTS REQUIRED.—
5
‘‘(A) ANNUAL
REPORT.—Not later than
6
March 1 of each year, the Director shall submit
7
to the congressional defense committees a re-
8
port that includes—
9
‘‘(i) a detailed summary of the fees
10
collected under paragraph (1) in the pre-
11
ceding fiscal year; and
12
‘‘(ii) a description of how those fees
13
were allocated.
14
‘‘(B) AUDIT.—The Inspector General of
15
the Department of Defense shall—
16
‘‘(i) conduct an audit of fees charged
17
and collected under paragraph (1) not less
18
frequently than once every two years; and
19
‘‘(ii) not later than June 1 of the year
20
in which an audit is conducted under
21
clause (i), submit to the congressional de-
22
fense committees a report on the results of
23
the audit.
24
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‘‘(g) AUTHORITY TO ACCEPT SERVICES.—Notwith-
1
standing section 1342 of title 31, the Director may accept
2
services, such as legal, financial, technical, or professional
3
services, associated with administering programs under
4
this section, including accepting such services as payment
5
in kind for services provided by the Office.
6
‘‘(h) PRESUMPTION OF COMPLIANCE.—Each agree-
7
ment for a loan or loan guarantee executed by the Director
8
shall be conclusively presumed to be issued in compliance
9
with the requirements of this section.
10
‘‘(i) AUTHORITY TO COLLECT DEBTS.—In the case
11
of a default on a loan or loan guarantee provided under
12
this section, the Director may exercise any priority of the
13
United States in collecting debts relating to the default.’’.
14
(b) DETERMINATIONS OF LOAN DEFAULT UNDER
15
PILOT PROGRAM ON CAPITAL ASSISTANCE TO SUPPORT
16
DEFENSE INVESTMENT
IN INDUSTRIAL BASE.—Sub-
17
section (e)(3)(A)(ii)(VI) of such section is amended by
18
striking ‘‘Secretary’’ and inserting ‘‘Director’’.
19
(c) CONFORMING AMENDMENT TO CREDIT PROGRAM
20
ACCOUNT.—Subsection (e)(5)(A)(ii) of such section is
21
amended—
22
(1) by striking ‘‘consist of amounts’’ and insert-
23
ing the following: ‘‘consist of—
24
‘‘(I) amounts’’;
25
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(2) by striking the period at the end and insert-
1
ing ‘‘; and’’; and
2
(3) by adding at the end the following new sub-
3
clause:
4
‘‘(II) fees deposited under subsection
5
(f)(2).’’.
6
SEC. 903. MODIFICATIONS TO RESPONSIBILITIES OF DIREC-
7
TOR FOR OPERATIONAL TEST AND EVALUA-
8
TION.
9
Section 139(b) of title 10, United States Code is
10
amended—
11
(1) in paragraph (5), by striking ‘‘; and’’ and
12
inserting a semicolon;
13
(2) in paragraph (6), by striking the period at
14
the end and inserting ‘‘; and’’; and
15
(3) by adding at the end the following new
16
paragraph:
17
‘‘(7) maintain, on behalf of the Secretary of De-
18
fense, enabling and cross-cutting activities that sup-
19
port operational test and evaluation across the De-
20
partment, including—
21
‘‘(A) the Cyber Assessment Program;
22
‘‘(B) the Center for Countermeasures;
23
‘‘(C) the Test and Evaluation Threat Re-
24
source Activity;
25
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‘‘(D) the Joint Technical Coordinating
1
Group for Munitions Effectiveness Program;
2
‘‘(E) the Joint Aircraft Survivability Pro-
3
gram;
4
‘‘(F) the Joint Test and Evaluation Pro-
5
gram; and
6
‘‘(G) the Test and Evaluation Trans-
7
formation Program.’’.
8
SEC. 904. DIRECTIVE AUTHORITY FOR MATTERS FOR
9
WHICH UNDER SECRETARY OF DEFENSE FOR
10
RESEARCH AND ENGINEERING HAS RESPON-
11
SIBILITY.
12
Section 133a(b) of title 10, United States Code, is
13
amended—
14
(1) in paragraph (2)—
15
(A) by inserting ‘‘elements of the Depart-
16
ment relating to’’ after ‘‘supervising, all’’; and
17
(B)
by
inserting
‘‘and
to
enhance
18
jointness’’ after ‘‘and engineering efforts’’; and
19
(C) by striking ‘‘; and’’ and inserting a
20
semicolon;
21
(2) in paragraph (3), by striking the period at
22
the end and inserting ‘‘; and’’; and
23
(3) by adding at the end the following new
24
paragraph:
25
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‘‘(4) directing the Secretaries of the military de-
1
partments and the heads of all other elements of the
2
Department with regard to matters for which the
3
Under Secretary has responsibility.’’.
4
SEC. 905. MODIFICATION OF ENERGETIC MATERIALS STRA-
5
TEGIC PLAN AND INVESTMENT STRATEGY OF
6
JOINT ENERGETICS TRANSITION OFFICE.
7
Section 148(c)(1) of title 10, United States Code, is
8
amended—
9
(1) in subparagraph (B)(ii), by striking ‘‘; and’’
10
and inserting a semicolon;
11
(2) in subparagraph (C), by striking the period
12
at the end and inserting ‘‘; and’’; and
13
(3) by adding at the end the following new sub-
14
paragraph:
15
‘‘(D) identifying raw material waste pro-
16
duced during the explosives manufacturing
17
process and developing plans to reduce waste
18
and optimize production.’’.
19
SEC. 906. LIMITATION ON AVAILABILITY OF FUNDS PEND-
20
ING ESTABLISHMENT OF JOINT ENERGETICS
21
TRANSITION OFFICE.
22
Of the funds authorized to be appropriated by this
23
Act or otherwise made available for fiscal year 2026 for
24
Operation and Maintenance, Defense-wide, for the Office
25
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of the Under Secretary of Defense for Acquisition and
1
Sustainment and the Office of the Under Secretary of De-
2
fense for Research and Engineering for travel expenses,
3
not more than 90 percent may be obligated or expended
4
until the Secretary of Defense notifies the congressional
5
defense committees that the Department of Defense has
6
established the Joint Energetics Transition Office as re-
7
quired by section 148 of title 10, United States Code, and
8
provided that Office with the staff and other resources
9
necessary to effectively carry out the responsibilities speci-
10
fied in subsection (c) of that section.
11
SEC. 907. MODIFICATION OF COVERED TECHNOLOGY CAT-
12
EGORIES FOR OFFICE OF STRATEGIC CAP-
13
ITAL.
14
Paragraph (2) of subsection (j) of section 149 of title
15
10, United States Code, as redesignated by section
16
902(a)(1), is amended—
17
(1)
by
redesignating
subparagraphs
(U)
18
through (GG) as subparagraphs (V) through (HH),
19
respectively; and
20
(2) by inserting after subparagraph (T) the fol-
21
lowing new subparagraph:
22
‘‘(U) Nuclear fission and fusion energy,
23
and associated infrastructure, including ad-
24
vanced nuclear reactors.’’.
25
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SEC. 908. MODIFICATION OF ORGANIZATION AND AUTHORI-
1
TIES OF ASSISTANT SECRETARIES OF DE-
2
FENSE WITH DUTIES RELATING TO INDUS-
3
TRIAL BASE POLICY AND READINESS.
4
(a) ESTABLISHMENT OF ASSISTANT SECRETARY OF
5
DEFENSE FOR INTERNATIONAL ARMAMENTS COOPERA-
6
TION.—Section 138(b) of title 10, United States Code, is
7
amended—
8
(1) by redesignating paragraphs (7) and (8) as
9
paragraphs (8) and (9), respectively; and
10
(2) by inserting after paragraph (6) the fol-
11
lowing new paragraph (7):
12
‘‘(7) One of the Assistant Secretaries is the Assistant
13
Secretary of Defense for International Armaments Co-
14
operation, who shall report directly to the Under Secretary
15
of Defense for Acquisition and Sustainment. The principal
16
duty of the Assistant Secretary shall be to carry out sec-
17
tion 133b(b)(10) of this title.’’.
18
(b) RENAMING OF ASSISTANT SECRETARY OF DE-
19
FENSE FOR STRATEGY, PLANS, AND CAPABILITIES AS AS-
20
SISTANT
SECRETARY
OF
DEFENSE
FOR
STRATEGY,
21
PLANS, CAPABILITIES, AND READINESS.—On and after
22
the date of the enactment of this Act—
23
(1) the Assistant Secretary of Defense for
24
Strategy, Plans, and Capabilities shall be known as
25
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the Assistant Secretary of Defense for Strategy,
1
Plans, Capabilities, and Readiness; and
2
(2) any reference in any law or regulation to
3
the Assistant Secretary of Defense for Strategy,
4
Plans, and Capabilities shall be deemed to be a ref-
5
erence to the Assistant Secretary of Defense for
6
Strategy, Plans, Capabilities, and Readiness.
7
(c) ELIMINATION OF ASSISTANT SECRETARY OF DE-
8
FENSE FOR READINESS.—The position of Assistant Sec-
9
retary of Defense for Readiness is eliminated.
10
Subtitle B—Other Department of
11
Defense Organization and Man-
12
agement Matters
13
SEC. 911. MODIFICATIONS TO JOINT REQUIREMENTS OVER-
14
SIGHT COUNCIL.
15
(a) MISSION.—Subsection (b) of section 181 of title
16
10, United States Code, is amended by striking para-
17
graphs (1) through (7) and inserting the following:
18
‘‘(1) evaluating global trends, threats, and ad-
19
versary capabilities to inform understanding of joint
20
operational problems and shape a joint force design;
21
‘‘(2) coordinating with commanders of combat-
22
ant commands with respect to compiling, refining,
23
and prioritizing joint operational problems;
24
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‘‘(3) continuously reviewing and assessing mili-
1
tary capabilities of the armed forces, Defense Agen-
2
cies, or other entities of the Department of Defense
3
to meet applicable requirements in the national de-
4
fense strategy under section 113(g) of this title;
5
‘‘(4) identifying and prioritizing gaps and op-
6
portunities in military capabilities to meet such re-
7
quirements, including making recommendations for
8
changes to address such gaps and leverage such op-
9
portunities;
10
‘‘(5) identifying advances in technology, innova-
11
tive commercial solutions, and concepts of operation
12
that could improve the ability of the joint force in
13
achieving military advantage for the United States;
14
‘‘(6) designing the joint force in a manner that
15
addresses joint operational problems and, in doing
16
so, evaluating force design initiatives of the armed
17
forces to recommend acceptance, mitigation, or al-
18
ternative force designs;
19
‘‘(7) maintaining a repository of joint oper-
20
ational problems and identification of military capa-
21
bilities that are addressing those problems; and
22
‘‘(8) evaluating impact to joint military capa-
23
bility requirements for the purposes of section
24
4375(b).’’.
25
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(b) COMPOSITION.—Subsection (c)(1) of such section
1
is amended by adding at the end the following new sub-
2
paragraph:
3
‘‘(G) In any case in which the Council is
4
considering a topic of significant interest to a
5
combatant command, the commander of the
6
combatant command or a designee of the com-
7
mander who is a general or flag officer.’’.
8
(c) ADVISORS.—Subsection (d) of such section is
9
amended—
10
(1) in paragraph (2), by striking ‘‘paragraphs
11
(1) and (2) of’’;
12
(2) in paragraph (3)—
13
(A) by striking ‘‘, and strongly consider,’’
14
and inserting ‘‘and consider’’; and
15
(B) by striking ‘‘under subsection (b)(2)
16
and joint performance requirements pursuant to
17
subsection (b)(3)’’;
18
(3) in paragraph (4), by striking ‘‘, and strong-
19
ly consider,’’ and inserting ‘‘and consider’’; and
20
(4) by adding at the end the following new
21
paragraph:
22
‘‘(5) INPUT
FROM
INDUSTRY.—The Council
23
may seek views from industry on commercially avail-
24
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able technology to address joint operational problems
1
or capability gaps.’’.
2
(d) PERFORMANCE REQUIREMENTS.—Subsection (e)
3
of such section is amended by striking ‘‘and, except’’ and
4
all that follows through ‘‘Council’’.
5
(e) DEFINITIONS.—Subsection (h) of such section is
6
amended—
7
(1) by striking paragraphs (2) and (3);
8
(2) by redesignating paragraph (1) as para-
9
graph (2);
10
(3) by inserting before paragraph (2), as so re-
11
designated, the following new paragraph (1):
12
‘‘(1) The term ‘capability requirement’ means a
13
capability that is critical or essential to address a
14
joint operational problem.’’; and
15
(4) by inserting after paragraph (2), as so re-
16
designated, the following new paragraph (3):
17
‘‘(3) The term ‘joint operational problem’—
18
‘‘(A) means a challenge across the joint
19
force faced by a combatant command in achiev-
20
ing an assigned military objective; and
21
‘‘(B) may include limitations in capabili-
22
ties, resources, or the ability to effectively and
23
efficiently coordinate across the joint force, with
24
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another combatant command, or among joint
1
military capabilities.’’.
2
(f) CONFORMING AMENDMENTS.—
3
(1)
ACQUISITION-RELATED
FUNCTIONS
OF
4
CHIEFS
OF
THE
ARMED
FORCES.—Section
5
3104(a)(1) of title 10, United States Code, is
6
amended by striking ‘‘(subject, where appropriate, to
7
validation by the Joint Requirements Oversight
8
Council pursuant to section 181 of this title)’’.
9
(2) LIMITATIONS ON DEFENSE MODERNIZATION
10
ACCOUNT.—Section 3136(e)(1)(A) of such title is
11
amended—
12
(A) by striking ‘‘in excess of—’’ and all
13
that follows through ‘‘(i) a specific limitation’’
14
and inserting ‘‘in excess of a specific limita-
15
tion’’; and
16
(B) by striking clause (ii).
17
(3) FACTORS TO BE CONSIDERED FOR MILE-
18
STONE
A
APPROVAL.—Section 4251(e)(1) of such
19
title is amended by striking ‘‘approved by the Joint
20
Requirements Oversight Council’’.
21
(4) FACTORS TO BE CONSIDERED FOR MILE-
22
STONE B APPROVAL.—Section 4252(b) of such title
23
is amended—
24
(A) by striking paragraph (9); and
25
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(B) by redesignating paragraphs (10)
1
through (15) as paragraphs (9) through (14),
2
respectively.
3
(5) BREACH
OF
CRITICAL
COST
GROWTH
4
THRESHOLD.—Section 4376 of such title is amend-
5
ed—
6
(A) in subsection (a), by striking ‘‘, after
7
consultation with the Joint Requirements Over-
8
sight
Council
regarding
program
require-
9
ments,’’;
10
(B) in subsection (b)(2)(B), by striking ‘‘to
11
meet the joint military requirement (as defined
12
in section 181(g)(1) of this title)’’; and
13
(C) in subsection (c)(3), by striking
14
‘‘joint’’.
15
(6) ACQUISITION ACCOUNTABILITY ON MISSILE
16
DEFENSE
SYSTEM.—Section 5514(b)(2)(C)(ii) of
17
such title is amended by striking ‘‘approved’’ and in-
18
serting ‘‘reviewed’’.
19
SEC. 912. TRANSFER OF RESPONSIBILITY FOR COUN-
20
TERING SMALL UNMANNED AIRCRAFT SYS-
21
TEMS.
22
(a) UNDER SECRETARY OF DEFENSE FOR ACQUISI-
23
TION AND SUSTAINMENT AS EXECUTIVE AGENT.—Sec-
24
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tion 133b(b)(5) of title 10, United States Code, is amend-
1
ed—
2
(1) in subparagraph (D), by striking ‘‘; and’’
3
and inserting a semicolon;
4
(2) in subparagraph (E), by striking the semi-
5
colon and inserting ‘‘; and’’; and
6
(3) by adding at the end the following new sub-
7
paragraph:
8
‘‘(F) the executive agent for the Depart-
9
ment of Defense for oversight of efforts to
10
counter small unmanned aircraft;’’.
11
(b) ELIMINATION OF JOINT COUNTER-SMALL UN-
12
MANNED AIRCRAFT SYSTEMS OFFICE.—
13
(1) IN GENERAL.—Effective on the date that is
14
60 days after the date of the enactment of this
15
Act—
16
(A) the Joint Counter-Small Unmanned
17
Aircraft Systems Office of the Army is termi-
18
nated; and
19
(B) the functions, assets, and civilian em-
20
ployees of the Joint Counter-Small Unmanned
21
Aircraft Systems Office of the Army shall be
22
transferred to the Office of the Under Secretary
23
of Defense for Acquisition and Sustainment.
24
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(2) REFERENCES.—On and after the date that
1
is 60 days after the date of the enactment of this
2
Act, any reference in any law or regulation to the
3
Joint Counter-Small Unmanned Aircraft Systems
4
Office of the Army shall be deemed to be a reference
5
to the Office of the Under Secretary of Defense for
6
Acquisition and Sustainment.
7
(c) CONFORMING AMENDMENTS.—
8
(1) PLAN
FOR
ADDITIONAL
KINETIC
EFFEC-
9
TORS FOR LOW, SLOW, SMALL UNMANNED AIRCRAFT
10
INTEGRATED DEFEAT SYSTEM.—Section 113 of the
11
National Defense Authorization Act for Fiscal Year
12
2025 (Public Law 118–159) is amended—
13
(A) in the section heading, by striking ‘‘OF
14
THE ARMY’’;
15
(B) in subsection (a)—
16
(i) by striking ‘‘Secretary of the
17
Army’’ and inserting ‘‘Under Secretary of
18
Defense for Acquisition and Sustainment’’;
19
and
20
(ii) by striking ‘‘of the Army’’; and
21
(C) in subsection (b), by striking ‘‘Sep-
22
tember 30, 2025, the Secretary of the Army’’
23
and inserting ‘‘September 30, 2026, the Under
24
Secretary’’.
25
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(2) COUNTER
UNMANNED
AERIAL
SYSTEM
1
THREAT LIBRARY.—Section 353 of the National De-
2
fense Authorization Act for Fiscal Year 2025 (Pub-
3
lic Law 118–159; 10 U.S.C. 130i note) is amend-
4
ed—
5
(A) in subsection (a), by striking ‘‘Not
6
later’’ and all that follows through ‘‘Office,’’
7
and inserting ‘‘Not later than June 30, 2027,
8
the Under Secretary of Defense for Acquisition
9
and Sustainment’’; and
10
(B) in subsection (c)—
11
(i) by striking ‘‘The Secretary’’ and
12
all that follows through ‘‘Office,’’ and in-
13
serting ‘‘The Under Secretary’’; and
14
(ii) by striking ‘‘the Secretary of the
15
Army’’ and inserting ‘‘the Under Sec-
16
retary’’.
17
SEC. 913. STUDY ON FEASIBILITY AND ADVISABILITY OF ES-
18
TABLISHING A JOINT CAPABILITIES AND
19
PROGRAMMING BOARD.
20
(a) STUDY REQUIRED.—The Secretary of Defense
21
shall conduct a study on the feasibility and advisability
22
of establishing a Joint Capabilities and Programming
23
Board (in this section referred to as the ‘‘Board’’) within
24
the Department of Defense to serve as a consolidated
25
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forum for addressing joint military capabilities and pro-
1
gram budgeting for investments.
2
(b) ELEMENTS OF STUDY.—The study required by
3
subsection (a) shall assess and provide recommendations
4
on the following elements for the proposed Board:
5
(1) The potential for the Board to act as the
6
primary joint forum for—
7
(A) reviewing and recommending actions
8
on joint military capabilities spanning multiple
9
components of the Department of Defense to
10
address priority capability needs; and
11
(B) evaluating and recommending actions
12
on investment portfolio evaluation and budg-
13
eting matters to prioritize joint military capa-
14
bilities and optimize lethality based on available
15
resources.
16
(2) The feasibility of the Board being co-
17
chaired by the Director of Cost Assessment and Pro-
18
gram Evaluation and the Chairman of the Joint Re-
19
quirements Oversight Council, including the roles,
20
authorities, and responsibilities of the co-chair-
21
persons.
22
(3) The advisability of a Board composition
23
that includes—
24
(A) core membership consisting of—
25
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(i) the co-chairpersons;
1
(ii) representatives from the Joint Re-
2
quirements Oversight Council;
3
(iii) representatives from the Office of
4
the Director of Cost Assessment and Pro-
5
gram Evaluation;
6
(iv) representatives from the Armed
7
Forces and combatant commands to reflect
8
military user perspectives; and
9
(v) representatives of portfolio acquisi-
10
tion executives or equivalent managers to
11
reflect program execution perspectives;
12
(B) a flexible structure permitting the es-
13
tablishment of ad hoc or standing committees
14
to address specific areas or issues, drawing
15
from the core membership;
16
(C) separate staff directly accountable to
17
each co-chairperson to assist in identifying, re-
18
viewing, coordinating, and analyzing matters
19
brought before the Board; and
20
(D) mission engineering and integration
21
analysis cells that evaluate the effectiveness of
22
current and proposed value chains of the De-
23
partment of Defense and inform the assessment
24
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of alternative courses of action for capability
1
and resource investments.
2
(4) The potential structure for decision-making
3
by the Board, including—
4
(A) maintaining autonomy for the Armed
5
Forces and portfolio acquisition executives to
6
make decisions and execute programs without
7
requiring approval by or the submission of doc-
8
umentation to the Board;
9
(B) issuing recommendations by majority
10
vote of members of the Board, to be forwarded
11
to the Deputy Secretary of Defense unless
12
unanimously rejected by the co-chairpersons;
13
and
14
(C) allowing the members or representa-
15
tives of the Board to submit dissenting opinions
16
alongside recommendations for consideration by
17
the Deputy Secretary of Defense or the Sec-
18
retary of Defense.
19
(5) The feasibility of operational procedures, in-
20
cluding—
21
(A)
issue
identification
processes
22
prioritizing issues—
23
(i) nominated by members of the
24
Board, the Armed Forces, the combatant
25
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commands, or portfolio acquisition execu-
1
tives; and
2
(ii) addressing capability gaps, re-
3
source constraints, or programmatic chal-
4
lenges requiring joint or departmental ac-
5
tion; and
6
(B) flexible quorum and voting procedures
7
to ensure efficient decision-making and requir-
8
ing participation from representatives of mili-
9
tary users and program acquisition executives
10
directly impacted by any recommendation.
11
(6) The provision of sufficient staff, directly ac-
12
countable to the co-chairpersons, to support the
13
Board’s operations and analysis of issues.
14
(7) The impact of the proposed Board on exist-
15
ing entities of the Department of Defense, including
16
the Joint Requirements Oversight Council and the
17
Office of the Director of Cost Assessment and Pro-
18
gram Evaluation, including potential overlaps,
19
redundancies, or synergies between the missions and
20
responsibilities of those entities and the Board.
21
(8) The anticipated benefits of enhanced joint
22
capability prioritization and resource allocation, in-
23
cluding the ability to consolidate or remove existing
24
processes and decision forums.
25
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(9) Potential barriers to establishing the Board,
1
including resource requirements and alignment with
2
existing acquisition and budgeting processes.
3
(c) REPORT REQUIRED.—
4
(1) IN GENERAL.—Not later than July 1, 2026,
5
the Secretary of Defense shall submit to the con-
6
gressional defense committees a report on the results
7
of the study required by subsection (a).
8
(2) ELEMENTS.—The report required by para-
9
graph (1) shall include—
10
(A) a comprehensive analysis of the feasi-
11
bility and advisability of establishing the Board,
12
addressing each element specified in subsection
13
(b);
14
(B) if establishing the Board is deemed
15
feasible and advisable—
16
(i) specific recommendations for the
17
organizational structure, governance, vot-
18
ing mechanisms, quorum requirements,
19
and operational procedures of the Board;
20
and
21
(ii) an estimation of the costs, re-
22
source requirements, and timeline for es-
23
tablishing and operating the Board; and
24
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(C)
any
additional
findings
or
rec-
1
ommendations to improve joint capability devel-
2
opment, program budgeting, and resource allo-
3
cation within the Department of Defense.
4
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
5
tion shall be construed to prevent the establishment of a
6
Joint Capabilities and Programming Board before the
7
completion and review of the study required by subsection
8
(a).
9
SEC. 914. BRIEFING ON RESTRUCTURING OF ARMY FU-
10
TURES COMMAND AND TRAINING AND DOC-
11
TRINE COMMAND.
12
(a) IN GENERAL.—Not less than 60 days before exe-
13
cuting any plan to merge, consolidate, or otherwise reorga-
14
nize the Army Futures Command and the Training and
15
Doctrine Command of the Army, the Secretary of the
16
Army and the Chief of Staff of the Army shall provide
17
to the congressional defense committees a comprehensive
18
briefing on the merger, consolidation, or other reorganiza-
19
tion.
20
(b) ELEMENTS.—The briefing required by subsection
21
(a) shall include the following:
22
(1) A description of the proposed merger, con-
23
solidation, or other reorganization, including affected
24
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commands, subordinate entities, and organizational
1
structures.
2
(2) The strategic, operational, and fiscal ration-
3
ale for the proposed merger, consolidation, or other
4
reorganization.
5
(3) An assessment of potential impacts of the
6
proposed merger, consolidation, or other reorganiza-
7
tion on the readiness and mission effectiveness of
8
the Army.
9
(4) An identification of resource reallocations,
10
including installation realignment or closures and
11
personnel movements.
12
(5) A timeline for implementation of the pro-
13
posed merger, consolidation, or other reorganization.
14
SEC. 915. DESIGNATION OF SENIOR OFFICIAL FOR MILI-
15
TARY-TO-CIVILIAN TRANSITION.
16
(a) DESIGNATION.—
17
(1) IN GENERAL.—Not later than 90 days after
18
the date of the enactment of this Act, the Under
19
Secretary of Defense for Personnel and Readiness
20
shall designate a senior official of the Department of
21
Defense to oversee policy and programs related to
22
the transition of members of the Armed Forces from
23
active duty to—
24
(A) civilian life; or
25
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(B) reserve components.
1
(2) QUALIFICATIONS.—The official designated
2
under paragraph (1) shall be designated from among
3
individuals with—
4
(A) extensive experience with veterans
5
services; and
6
(B) knowledge of the transition from active
7
duty to—
8
(i) civilian life; and
9
(ii) reserve components.
10
(b) ROLE, RESPONSIBILITY, AND AUTHORITY.—
11
(1) IN GENERAL.—The Under Secretary of De-
12
fense for Personnel and Readiness, in consultation
13
with the Secretary of Defense, shall prescribe the
14
roles, responsibilities, and authorities of the official
15
designated under subsection (a)(1).
16
(2) ROLES, RESPONSIBILITIES, AND AUTHORI-
17
TIES REQUIRED.—The roles, responsibilities, and au-
18
thorities prescribed pursuant to paragraph (1) shall
19
include, with respect to the transition of members of
20
the Armed Forces and their families from active
21
duty to civilian life and reserve components—
22
(A) serving as the principal advisor to the
23
Secretary of Defense, the Deputy Secretary of
24
Defense, and the Under Secretary of Defense
25
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for Personnel and Readiness on policies, oper-
1
ations, and programs and activities relating to
2
the transition of members;
3
(B) assisting the Secretary of Defense, the
4
Deputy Secretary of Defense, and the Under
5
Secretary of Defense for Personnel and Readi-
6
ness with policies, operations, and programs
7
and activities relating to the transition of mem-
8
bers;
9
(C) working, in coordination with the Sec-
10
retary of Veterans Affairs, the Secretary of
11
Labor, and the Secretary of Education, to im-
12
prove the efficiency and effectiveness of all ac-
13
tivities relating to the transition of members;
14
(D) serving as the chief transition officer
15
of the Department of Defense, with the mission
16
of coordinating and overseeing the effectiveness
17
of transition programs of the Department of
18
Defense and ensuring all members of the
19
Armed Forces are well equipped for civilian life
20
or the reserve components, as the case may be;
21
(E) overseeing the Military-Civilian Transi-
22
tion Office and the implementation of transition
23
programs across the Department of Defense;
24
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(F) conducting a review and assessment of
1
all transition programs and services offered by
2
the Department of Defense, including the Tran-
3
sition Assistance Program and Skillbridge Pro-
4
gram, and proposing legislative or administra-
5
tive action—
6
(i) to improve the efficacy and effi-
7
ciency of the programs; and
8
(ii) to ensure compliance with all legal
9
requirements related to transition assist-
10
ance; and
11
(G) working with Federal agencies, State
12
and local governments, and nongovernmental
13
organizations to improve the delivery of transi-
14
tion support services.
15
(c) BRIEFING ON DESIGNATION AND IMPLEMENTA-
16
TION.—Not later than 90 days after the date of the enact-
17
ment of this Act, the Secretary of Defense shall provide
18
a briefing to the congressional defense committees on—
19
(1) the status of the designation of the official
20
under subsection (a); and
21
(2) the implementation of the roles, responsibil-
22
ities, and authorities of the official under subsection
23
(b).
24
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SEC. 916. REMOVAL OF MEMBERS OF JOINT CHIEFS OF
1
STAFF.
2
Section 151 of title 10, United States Code, is
3
amended by adding at the end the following new sub-
4
section:
5
‘‘(h) REMOVAL OF MEMBERS OF JOINT CHIEFS OF
6
STAFF.—(1) If the President removes a member of the
7
Joint Chiefs of Staff from office or transfers a member
8
of the Joint Chiefs of Staff to another position or location
9
before the end of the term of the member as specified in
10
statute, the President shall, not later than five days after
11
the removal or transfer takes effect, submit to Congress,
12
including the congressional defense committees, notice
13
that the member is being removed or transferred and a
14
statement of the reason for the removal or transfer.
15
‘‘(2) Nothing in this subsection prohibits a personnel
16
action authorized by another provision of law.’’.
17
SEC. 917. LONGER TERM AND ELIGIBILITY FOR APPOINT-
18
MENT
TO
RANK
OF
ADMIRAL
OF
COM-
19
MANDER OF NAVAL SEA SYSTEMS COMMAND.
20
(a) TERM.—Section 526 of title 10, United States
21
Code, is amended by adding at the end the following new
22
subsection:
23
‘‘(k)(1) An individual serving as the Commander of
24
the Naval Sea Systems Command—
25
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‘‘(A) subject to paragraph (2), shall serve for a
1
term of eight years; and
2
‘‘(B) is eligible to be appointed to the rank of
3
Admiral during the final three years of that term.
4
‘‘(2) The Secretary of the Navy may terminate the
5
term of an individual serving as the Commander of the
6
Naval Sea Systems Command before the end of the eight-
7
year term specified in paragraph (1)(A) if the Secretary
8
notifies the congressional defense committees of the termi-
9
nation.’’.
10
(b) EXTENSION OF TIME PERIOD FOR RETIREMENT
11
FOR YEARS OF SERVICE.—Section 636(c) of such title is
12
amended—
13
(1) by striking ‘‘In the administration’’ and in-
14
serting ‘‘(1) Except as provided in paragraph (2), in
15
the administration’’; and
16
(2) by adding at the end the following new
17
paragraph:
18
‘‘(2) The officer serving as the Commander of the
19
Naval Sea Systems Command—
20
‘‘(A) may continue to serve after 40 years of
21
active commissioned service in order to complete the
22
term of the Commander specified in section
23
526(k)(1)(A) of this title; and
24
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‘‘(B) may in no case serve more than 45 years
1
of active commissioned service.’’.
2
(c) REPORT ON OPTIONS FOR NEW PRIVATE SHIP-
3
YARDS.—
4
(1) IN GENERAL.—Not later than 60 days after
5
the date of the enactment of this Act, the Secretary
6
of the Navy, acting through the Assistant Secretary
7
of the Navy for Research, Development, and Acqui-
8
sition and in coordination with the Commander of
9
the Naval Sea Systems Command, shall submit to
10
the congressional defense committees a report on in-
11
centives that would promote private investment in
12
the creation of two new private shipyards on the Pa-
13
cific Coast. The incentives should be focused on new
14
construction shipyards. The report may include sug-
15
gested locations based on strategic laydown or other
16
relevant defense industrial base matters.
17
(2) REQUIREMENTS.—In preparing the report
18
required by paragraph (1), the Secretary shall—
19
(A) give consideration to locations in non-
20
contiguous States; and
21
(B) assess the potential for investment in
22
or establishment of a United States subsidiary
23
of a foreign-owned shipbuilding company, with
24
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special preference to companies based in Japan
1
and the Republic of Korea.
2
(3) FORM.—
3
(A) IN GENERAL.—The report required by
4
paragraph (1) shall be submitted in unclassified
5
form but may include a classified annex.
6
(B) PUBLIC AVAILABILITY.—The unclassi-
7
fied portion of the report required by paragraph
8
(1) shall be made available to the public.
9
SEC. 918. DELAY OF DISESTABLISHMENT OF NAVY EXPEDI-
10
TIONARY COMBAT COMMAND PACIFIC.
11
(a) IN GENERAL.—During the one-year period begin-
12
ning on the date of the enactment of this Act, the Sec-
13
retary of the Navy may not take any action to disestablish
14
the Navy Expeditionary Combat Command Pacific located
15
at Joint Base Pearl Harbor-Hickam.
16
(b) BRIEFING REQUIRED.—Not later than 180 days
17
after the date of the enactment of this Act, the Secretary
18
(or a designee of the Secretary) shall brief the Committees
19
on Armed Services of the Senate and the House of Rep-
20
resentatives on—
21
(1) the status of the decision of the Secretary
22
with respect to the disestablishment of the Navy Ex-
23
peditionary Combat Command Pacific; and
24
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(2) the strategic rationale, cost, and benefits of
1
such disestablishment.
2
SEC. 919. LIMITATION ON USE OF FUNDS FOR CONSOLIDA-
3
TION, DISESTABLISHMENT, OR ELIMINATION
4
OF GEOGRAPHIC COMBATANT COMMANDS.
5
None of the funds authorized to be appropriated by
6
this Act or otherwise made available for fiscal year 2026
7
for the Department of Defense may be obligated or ex-
8
pended to consolidate, disestablish, or otherwise eliminate
9
a geographic combatant command of the Department of
10
Defense until not earlier than 90 days after the Secretary
11
of Defense submits to the congressional defense commit-
12
tees a report that, at a minimum, addresses the following:
13
(1) A detailed plan for consolidation, disestab-
14
lishment, or elimination of the geographic combatant
15
command, including associated timelines and de-
16
tailed accounting of the associated costs.
17
(2) A detailed analysis of the anticipated im-
18
pact of the consolidation, disestablishment, or elimi-
19
nation on the ability of the Department of Defense
20
to accomplish objectives in the affected area of re-
21
sponsibility, including the ability of the Department
22
to effectively deter conflict, maintain peace and secu-
23
rity, and conduct military operations, exercises, and
24
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security cooperation activities with allies and part-
1
ners.
2
SEC. 920. ELIMINATION OF STATUTORY PROVISIONS RE-
3
LATING TO DIVERSITY, EQUITY, AND INCLU-
4
SION IN THE DEPARTMENT OF DEFENSE.
5
(a) DUTIES OF SECRETARY OF DEFENSE.—Section
6
113 of title 10, United States Code, is amended—
7
(1) in subsection (c)—
8
(A) by striking paragraph (2); and
9
(B) by redesignating paragraphs (3) and
10
(4) as paragraphs (2) and (3), respectively;
11
(2) in subsection (g)(1)(B)—
12
(A) by striking clause (vii); and
13
(B) by redesignating clauses (viii), (ix),
14
and (x) as clauses (vii), (viii), and (ix), respec-
15
tively;
16
(3) in subsection (l)—
17
(A) in paragraph (1), by striking ‘‘to
18
measure—’’ and all that follows through ‘‘(C)
19
the efforts’’ and inserting ‘‘to measure the ef-
20
forts’’: and
21
(B) in paragraph (2)—
22
(i) by striking ‘‘shall—’’ and all that
23
follows through ‘‘(A) ensure that’’ and in-
24
serting ‘‘shall ensure that’’;
25
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(ii) by striking the semicolon after
1
‘‘extent practicable’’ and inserting a pe-
2
riod: and
3
(iii) by striking subparagraphs (B)
4
through (F); and
5
(4) in subsection (m)—
6
(A) by striking ‘‘, disaggregated by gender,
7
race, and ethnicity,’’ each place it appears;
8
(B)
in
paragraph
(1),
by
striking
9
‘‘disaggregated by gender, race, and ethnicity,’’;
10
and
11
(C) in paragraph (9), by striking ‘‘, gen-
12
der, race, and ethnicity’’.
13
(b) CHIEF DIVERSITY OFFICER OF THE DEPART-
14
MENT OF DEFENSE.—Section 147 of title 10, United
15
States Code, is repealed.
16
(c) DIVERSITY IN SELECTION BOARDS.—
17
(1) PROMOTION SELECTION BOARDS.—Title 10,
18
United States Code, is amended—
19
(A) in section 573(b), by striking ‘‘The
20
members of a selection’’ and all that follows
21
through ‘‘extent practicable.’’;
22
(B) in section 612(a)(1), by striking ‘‘The
23
members of a selection’’ and all that follows
24
through ‘‘extent practicable.’’; and
25
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(C) in section 14102(b), by striking ‘‘The
1
members of a selection’’ and all that follows
2
through ‘‘extent practicable.’’.
3
(2)
OTHER
SELECTION
BOARDS.—Section
4
503(c) of the William M. (Mac) Thornberry National
5
Defense Authorization Act for Fiscal Year 2021
6
(Public Law 116–283; 10 U.S.C. 573 note) is re-
7
pealed.
8
(d) DIVERSITY IN MILITARY LEADERSHIP.—Section
9
656 of title 10, United States Code, is repealed.
10
(e) IDENTIFICATION OF GENDER OR PERSONAL PRO-
11
NOUNS IN OFFICIAL CORRESPONDENCE.—Section 986 of
12
title 10, United States Code, is repealed.
13
(f)
HUMAN
RELATIONS
TRAINING.—Section
14
2001(a)(1)(B) of title 10, United States Code, is amended
15
by striking ‘‘include’’ and all that follows through the pe-
16
riod and inserting ‘‘shall include honor, excellence, cour-
17
age, and commitment.’’.
18
(g) STRATEGIC PLAN FOR DIVERSITY AND INCLU-
19
SION.—Section 529 of the National Defense Authorization
20
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
21
656 note) is repealed.
22
(h) SENIOR ADVISORS FOR DIVERSITY AND INCLU-
23
SION
FOR
THE MILITARY DEPARTMENTS
AND COAST
24
GUARD.—Section 913(b) of the William M. (Mac) Thorn-
25
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berry National Defense Authorization Act for Fiscal Year
1
2021 (Public Law 116–283; 10 U.S.C. 147 note) is re-
2
pealed.
3
(i) CONFORMING AMENDMENT.—Section 118(a) of
4
title 10, United States Code, is amended by striking ‘‘to
5
carry out—’’ and all that follows through ‘‘(2) guidance’’
6
and inserting ‘‘to carry out guidance’’.
7
SEC. 921. DEFENSE SCIENCE BOARD STUDY ON OPTIMAL
8
ORGANIZATIONAL STRUCTURE FOR DIGITAL
9
ENGINEERING SOLUTIONS.
10
(a) STUDY REQUIRED.—The Secretary of Defense
11
shall direct the Defense Science Board to conduct a com-
12
prehensive study to evaluate and recommend the most op-
13
timal organizational structure within the Office of the Sec-
14
retary of Defense to support digital solutions engineering
15
activities across the Office of the Secretary of Defense and
16
the military departments.
17
(b) ELEMENTS.—The study required under sub-
18
section (a) shall include the following elements:
19
(1) An assessment of existing organizational
20
structures and organizations supporting digital solu-
21
tions engineering across the Office of the Secretary
22
of Defense and the military departments, includ-
23
ing—
24
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(A) current responsibilities, requirements,
1
and deliverables of service-based software deliv-
2
ery organizations;
3
(B) responsibilities or authorities imposed
4
by statutory requirements;
5
(C) limitations based on current enterprise
6
data management platforms;
7
(D) effectiveness and efficiency of current
8
approaches;
9
(E) optimization of resource allocation and
10
utilization processes; and
11
(F) integration challenges and opportuni-
12
ties with Department-wide digital initiatives.
13
(2) An evaluation of potential organizational
14
courses of action for supporting digital solutions en-
15
gineering within the Office of the Secretary of De-
16
fense, including—
17
(A) establishment of a new defense agency
18
or Department of Defense field activity;
19
(B) integration into an existing defense
20
agency or Department of Defense field activity;
21
(C) consolidation of digital development
22
functions within existing Office of the Secretary
23
of Defense staff organizations;
24
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(D) optimization of current organizational
1
structures and authorities;
2
(E) hybrid approaches combining elements
3
of the options described in subparagraphs (A),
4
(B), (C), and (D); and
5
(F) any other organizational structures
6
deemed appropriate by the Defense Science
7
Board.
8
(3) Recommendations on the selection of the
9
optimal organizational structure, including—
10
(A) analysis of the advantages and dis-
11
advantages of each course of action evaluated
12
under paragraph (2);
13
(B) assessment of capability requirements
14
and gaps;
15
(C) evaluation of cost-effectiveness and re-
16
source implications;
17
(D) application of lessons from similar in-
18
dustry or academic entities performing similar
19
work;
20
(E) consideration of governance and execu-
21
tion framework requirements;
22
(F) assessment of the implementation of
23
and execution of governance structures, includ-
24
ing artificial intelligence model management;
25
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(G) coordination mechanisms with existing
1
Department components and combatant com-
2
mands;
3
(H) recommendations for unique hiring au-
4
thorities to support digital solutions engineering
5
workforce requirements; and
6
(I) recommendations for unique acquisition
7
authorities to support rapid digital solutions en-
8
gineering and deployment.
9
(4) Transition recommendations for imple-
10
menting the selected organizational structure, in-
11
cluding—
12
(A) detailed implementation timeline and
13
milestones;
14
(B) organizational and personnel changes
15
required;
16
(C) resource requirements and funding
17
mechanisms;
18
(D) legislative or regulatory changes need-
19
ed;
20
(E) risk assessment and mitigation strate-
21
gies; and
22
(F) metrics for evaluating implementation
23
success.
24
(c) REPORT.—
25
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(1) TRANSMITTAL TO SECRETARY.—Not later
1
than February 1, 2027, the Board shall transmit to
2
the Secretary of Defense a final report on the study
3
conducted pursuant to subsection (a).
4
(2) TRANSMITTAL
TO
CONGRESS.—Not later
5
than 30 days after the date on which the Secretary
6
receives the final report under paragraph (1), the
7
Secretary shall submit the report to the congres-
8
sional defense committees, together with such com-
9
ments as the Secretary considers appropriate.
10
(d) DEFINITIONS.—In this section:
11
(1) DIGITAL
SOLUTIONS
ENGINEERING.—The
12
term ‘‘digital solutions engineering’’ means the de-
13
velopment, deployment, and sustainment of artificial
14
intelligence systems, software applications, data en-
15
gineering solutions, data analytics platforms, and
16
other digital technologies for operational and busi-
17
ness purposes within the Department of Defense.
18
(2) SOFTWARE
DELIVERY
ORGANIZATIONS.—
19
The term ‘‘software delivery organizations’’ means
20
organizational units within the military services
21
dedicated to the rapid development, deployment, and
22
sustainment of software applications and digital so-
23
lutions.
24
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SEC. 922. ESTABLISHMENT OF ADVANCED NUCLEAR TRAN-
1
SITION WORKING GROUP.
2
(a) IN GENERAL.—Not later than 180 days after the
3
date of the enactment of this Act, the Secretary of Defense
4
shall establish an Advanced Nuclear Transition Working
5
Group (referred to in this section as the ‘‘working
6
group’’).
7
(b) MEMBERSHIP.—The Working Group shall be
8
composed of the following members:
9
(1) The Assistant Secretary of Defense for En-
10
ergy, Installations, and Environment.
11
(2) The Assistant Secretary of the Army for In-
12
stallations, Energy, and Environment.
13
(3) The Assistant Secretary of the Navy for
14
Energy, Installations, and Environment.
15
(4) The Assistant Secretary of the Air Force
16
for Energy, Installations, and Environment.
17
(5) The Joint Staff Director for Logistics, J4.
18
(6) The Principal Director for Energy Resil-
19
ience of the Office of the Under Secretary of De-
20
fense for Research and Engineering.
21
(7) The Director of the Strategic Capabilities
22
Office.
23
(8) The Director of the Defense Innovation
24
Unit.
25
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(9) The heads of such other components of the
1
Department of Defense, as determined by the Chair.
2
(c) CHAIR.—The Assistant Secretary of Defense for
3
Nuclear Deterrence, Chemical, and Biological Defense
4
Policy and Programs, or a designee, shall serve as the
5
Chair of the Working Group.
6
(d) DUTIES.—The duties of the Working Group shall
7
include the following:
8
(1) To develop and execute a strategy to accel-
9
erate the procurement and fielding of commercial
10
advanced nuclear capabilities, in compliance with
11
laws, regulations, and agreements, and consistent
12
with best practices.
13
(2) To identify and elevate the critical energy
14
requirements of the combatant commands, United
15
States military installations, and the infrastructure
16
and mission capabilities needs of the combatant
17
commands and military installations that may be ad-
18
dressed with advanced nuclear reactors.
19
(3) To connect the combatant commands and
20
military installations with ongoing and planned ef-
21
forts.
22
(4) To create an accelerated pathway to lever-
23
age advanced nuclear technologies to address oper-
24
ational gaps.
25
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(5) To provide a forum for members of the
1
Working Group to coordinate advanced nuclear dem-
2
onstration and transition efforts, including by in-
3
creasing opportunities and venues for government
4
and commercial research and development, testing
5
and evaluation, and procurement activities.
6
(6) To advocate for appropriate levels of
7
resourcing within planning, programming, budg-
8
eting, and execution processes to advance the devel-
9
opment and use of nuclear energy technologies
10
across the Department of Defense.
11
(7) To coordinate interagency activities and de-
12
velop best practices on workforce development, regu-
13
latory pathways, licensing frameworks, access to fuel
14
sources, safety and security standards, and decom-
15
missioning that currently hinder more rapid fielding
16
of advanced nuclear reactors.
17
(8) To establish venues through which to en-
18
gage commercial companies developing advanced re-
19
actors so as to review the technology readiness,
20
timeline, and availability of reactor capabilities for
21
defense applications.
22
(9) To inform and complete the briefings and
23
reports required in subsection (f).
24
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(e) MEETINGS.—The Working Group shall meet at
1
the call of the Chair and not less than once per quarter.
2
(f) REPORT.—
3
(1) IN GENERAL.—Not later than September
4
30, 2026, and annually thereafter until 2029, the
5
Chair shall submit to the appropriate congressional
6
committees a report describing the status of ad-
7
vanced nuclear projects, associated funding and re-
8
quirements, planned program transitions, actions,
9
and milestones of the Working Group, and other
10
matters as determined by the Secretary of Defense
11
and the Working Group during the preceding year.
12
(2) CONTENTS.—Each report required by para-
13
graph (1) shall include the following:
14
(A) A summary on the adequacy of exist-
15
ing energy storage and distribution systems to
16
meet mission requirements in a contested or
17
austere operating environment.
18
(B) An identification of the critical energy
19
requirements of the combatant commands,
20
United States military installations, and the in-
21
frastructure and weapons capabilities needs of
22
the combatant commands and military installa-
23
tions that may be addressed with the use of
24
microreactors or small modular reactors, includ-
25
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ing through expeditionary, transportable, sta-
1
tionary, space-based, or floating power plants.
2
(C) A list of prioritized potential use cases,
3
including—
4
(i) base electric power;
5
(ii) power for operational systems in
6
austere environments;
7
(iii) desalination or other water pro-
8
duction systems;
9
(iv) synthetic fuel production;
10
(v) directed energy weapons;
11
(vi) artificial intelligence at the edge;
12
(vii) defense support of civil authori-
13
ties;
14
(viii) humanitarian response; and
15
(ix) 3D/additive manufacturing.
16
(D) Recommendations for at least 3 pilot
17
projects.
18
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
19
TEES.—The term ‘‘appropriate congressional com-
20
mittees’’ means—
21
(A) the Committee on Armed Services of
22
the Senate; and
23
(B) the Committee on Armed Services of
24
the House of Representatives.
25
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(g) TERMINATION.—The Working Group shall termi-
1
nate on September 30, 2029.
2
TITLE X—GENERAL PROVISIONS
3
Subtitle A—Financial Matters
4
SEC. 1001. GENERAL TRANSFER AUTHORITY.
5
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
6
(1) AUTHORITY.—Upon determination by the
7
Secretary of Defense that such action is necessary in
8
the national interest, the Secretary may transfer
9
amounts of authorizations made available to the De-
10
partment of Defense in this division for fiscal year
11
2026 between any such authorizations for that fiscal
12
year (or any subdivisions thereof). Amounts of au-
13
thorizations so transferred shall be merged with and
14
be available for the same purposes as the authoriza-
15
tion to which transferred.
16
(2) LIMITATION.—Except as provided in para-
17
graph (3), the total amount of authorizations that
18
the Secretary may transfer under the authority of
19
this section may not exceed $6,000,000,000.
20
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
21
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
22
fer of funds between military personnel authoriza-
23
tions under title IV shall not be counted toward the
24
dollar limitation in paragraph (2).
25
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(b) LIMITATIONS.—The authority provided by sub-
1
section (a) to transfer authorizations—
2
(1) may only be used to provide authority for
3
items that have a higher priority than the items
4
from which authority is transferred; and
5
(2) may not be used to provide authority for an
6
item that has been denied authorization by Con-
7
gress.
8
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A
9
transfer made from one account to another under the au-
10
thority of this section shall be deemed to increase the
11
amount authorized for the account to which the amount
12
is transferred by an amount equal to the amount trans-
13
ferred.
14
(d) NOTICE
TO CONGRESS.—The Secretary shall
15
promptly notify Congress of each transfer made under
16
subsection (a).
17
SEC. 1002. AMENDMENTS AND REPEALS TO BUDGETARY
18
REQUIREMENTS FOR DEFENSE ACQUISITION.
19
(a) AMENDMENTS TO EXISTING LAW.—
20
(1) BODY ARMOR PROCUREMENT.—Section 141
21
of the National Defense Authorization Act for Fiscal
22
Year 2010 (Public Law 111–84; 10 U.S.C. 221
23
note) is amended to read as follows:
24
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‘‘SEC. 141. BODY ARMOR PROCUREMENT.
1
‘‘The Secretary of Defense shall ensure that body
2
armor is procured using funds authorized to be appro-
3
priated by this title.’’.
4
(2) EXPLOSIVE ORDNANCE DISPOSAL DEFENSE
5
PROGRAM.—Section 2284 of title 10, United States
6
Code, is amended—
7
(A) by striking subsection (c); and
8
(B) by redesignating subsection (d) as sub-
9
section (c).
10
(b) REPEALS OF EXISTING LAW.—The following pro-
11
visions are hereby repealed:
12
(1) EVALUATION
AND
ASSESSMENT
OF
THE
13
DISTRIBUTED
COMMON
GROUND
SYSTEM.—Section
14
219 of the National Defense Authorization Act for
15
Fiscal Year 2013 (Public Law 113–66; 10 U.S.C.
16
221 note).
17
(2) SEPARATE PROGRAM ELEMENTS REQUIRED
18
FOR RESEARCH AND DEVELOPMENT OF JOINT LIGHT
19
TACTICAL VEHICLE.—Section 213 of the Ike Skelton
20
National Defense Authorization Act for Fiscal Year
21
2011 (Public Law 111–383; 10 U.S.C. 221 note).
22
(3) SEPARATE PROCUREMENT LINE ITEMS FOR
23
FUTURE COMBAT SYSTEMS PROGRAM.—Section 111
24
of the Duncan Hunter National Defense Authoriza-
25
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tion Act for Fiscal Year 2009 (Public Law 110–417;
1
10 U.S.C. 221 note).
2
(4) SEPARATE PROCUREMENT AND RESEARCH,
3
DEVELOPMENT, TEST, AND EVALUATION LINE ITEMS
4
AND PROGRAM ELEMENTS FOR SKY WARRIOR UN-
5
MANNED AERIAL SYSTEMS PROJECT.—Section 214
6
of the Duncan Hunter National Defense Authoriza-
7
tion Act for Fiscal Year 2009 (Public Law 110–417;
8
10 U.S.C. 221 note).
9
(5) REQUIREMENT FOR SEPARATE DISPLAY OF
10
BUDGETS
FOR
AFGHANISTAN
AND
IRAQ.—Section
11
1502 of the Duncan Hunter National Defense Au-
12
thorization Act for Fiscal Year 2009 (Public Law
13
110–417; 10 U.S.C. 221 note).
14
SEC. 1003. BRIEFING ON BEGINNING BALANCE ISSUES FOR
15
AUDIT PURPOSES.
16
(a) IN GENERAL.—Not later than March 1, 2026, the
17
Under Secretary of Defense (Comptroller) shall submit to
18
the congressional defense committees a one-time briefing
19
on any anticipated issues in establishing beginning bal-
20
ances for audits of the financial statements of the Depart-
21
ment of Defense.
22
(b) ELEMENTS.—The briefing required under sub-
23
section (a) shall include—
24
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(1) a detailed identification of each budgetary
1
account known to have and anticipated to have un-
2
supported beginning balances;
3
(2) a description of the specific issues pre-
4
venting the establishment of supported beginning
5
balances for each identified account;
6
(3) an explanation of whether generally accept-
7
ed accounting principles provide sufficient authority,
8
processes, and procedures to resolve such issues, and
9
if not, the alternative sources or methods proposed
10
to establish beginning balances; and
11
(4) the projected impact to receiving an un-
12
modified audit opinion of that account without a
13
supported beginning balance.
14
SEC. 1004. DEFENSE BUSINESS AUDIT REMEDIATION PLAN
15
REPORTING.
16
Section 240g(b) of title 10, United States Code, is
17
amended to read as follows:
18
‘‘(b) REPORTING REQUIREMENTS.—On the same
19
date as the submission of audited financial statements re-
20
quired pursuant to section 240a of this title, the Secretary
21
of Defense shall submit to the congressional defense com-
22
mittees an updated report on the Defense Business Sys-
23
tems Audit Remediation Plan under subsection (a).’’.
24
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Subtitle B—Naval Vessels
1
SEC. 1011. REQUIREMENTS RELATED TO MEDIUM LANDING
2
SHIPS AND LIGHT REPLENISHMENT OILERS.
3
(a) DESIGN STANDARDS AND CONSTRUCTION PRAC-
4
TICES.—The Secretary of the Navy shall ensure that cov-
5
ered vessels procured by the Secretary are, to the max-
6
imum extent practical, constructed using commercial de-
7
sign standards and commercial construction practices that
8
are consistent with the best interests of the Federal Gov-
9
ernment.
10
(b) VESSEL CONSTRUCTION MANAGER.—The Sec-
11
retary of the Navy shall provide for an entity other than
12
the Department of the Navy to contract for the construc-
13
tion of covered vessels.
14
(c) COVERED VESSEL DEFINED.—In this section, the
15
term ‘‘covered vessel’’ means any of the following:
16
(1) A medium landing ship.
17
(2) A light replenishment oiler (TAO–L).
18
SEC. 1012. MODIFICATION OF AUTHORITY TO PURCHASE
19
USED VESSELS UNDER THE NATIONAL DE-
20
FENSE SEALIFT FUND.
21
Section 2218(f)(3)(C) of title 10, United States Code,
22
is amended by striking ‘‘10’’ and inserting ‘‘12’’.
23
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SEC. 1013. EXEMPTION OF UNMANNED SURFACE VESSELS
1
AND UNMANNED UNDERWATER VEHICLES
2
FROM CERTAIN TECHNICAL AUTHORITY RE-
3
QUIREMENTS.
4
(a) EXEMPTION FROM SENIOR TECHNICAL AUTHOR-
5
ITY REQUIREMENTS.—Unmanned surface vessels and un-
6
manned underwater vehicles acquired or developed by the
7
Department of the Navy are exempt from any requirement
8
for oversight by a senior technical authority established
9
under section 8669b of title 10, United States Code, ex-
10
cept the requirements, specifications, and approvals de-
11
scribed in subsection (c).
12
(b) LIMITATION RELATING
TO OFFICE
OF
THE
13
CHIEF ENGINEER.—Subject to subsection (c), the Chief
14
Engineer of the Naval Sea Systems Command may not
15
establish any requirement, specification, or approval for
16
an unmanned surface vessel or an unmanned underwater
17
vehicle unless such action is approved in advance by the
18
program manager responsible for the respective unmanned
19
system.
20
(c) EXCEPTIONS.—As the Secretary of the Navy con-
21
siders appropriate, unmanned surface vessels and un-
22
manned underwater vehicles may be subject to require-
23
ments, specifications, and approvals established by tech-
24
nical domain managers or technical warrant holders with
25
responsibility for cybersecurity, ordnance and explosives,
26
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or warfare systems, without advanced approval described
1
in subsection (b).
2
(d) DEFINITIONS.—In this section:
3
(1) UNMANNED SURFACE VESSEL.—The term
4
‘‘unmanned surface vessel’’ means a vessel designed
5
to operate on the surface of the water without an
6
onboard human crew.
7
(2) UNMANNED UNDERWATER VEHICLE.—The
8
term ‘‘unmanned underwater vehicle’’ means a vehi-
9
cle designed to operate below the surface of the
10
water without an onboard human crew.
11
SEC. 1014. PROHIBITION ON RETIRING AND DECOMMIS-
12
SIONING OCEANOGRAPHIC RESEARCH VES-
13
SELS OF THE NAVY.
14
None of the funds authorized to be appropriated by
15
this Act for fiscal year 2026 may be obligated or expended
16
to retire or decommission, prepare to retire or decommis-
17
sion, or place in storage any oceanographic research vessel
18
of the Navy unless the Secretary of the Navy has identi-
19
fied and acquired a suitable replacement vessel for con-
20
ducting the research that has been conducted by the vessel
21
selected for retirement or decommissioning.
22
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SEC. 1015. REPORT ACCOMPANYING REQUESTS FOR NEW
1
FLIGHTS
OR
BLOCKS
OF
MAJOR
SHIP-
2
BUILDING PROGRAMS.
3
(a) IN GENERAL.—Chapter 863 of title 10, United
4
States Code, is amended by inserting after section 8669c
5
the following new section:
6
‘‘§ 8669d. Report accompanying requests for new
7
flights or blocks of major shipbuilding
8
programs
9
‘‘(a) IN GENERAL.—If the budget justification mate-
10
rials submitted to Congress in support of the budget of
11
the President for a fiscal year pursuant to section 1105
12
of title 31 includes a request for a new flight or block
13
of ships, the Secretary of the Navy shall submit a report
14
accompanying such request.
15
‘‘(b) ELEMENTS.—Each report required by sub-
16
section (a) shall include the following:
17
‘‘(1) The results of any production readiness re-
18
view, including the following:
19
‘‘(A) An identification of the degree to
20
which detail design and production design
21
drawings and related documents have been com-
22
pleted in accordance with the shipbuilding con-
23
tract.
24
‘‘(B) An identification of the number of
25
changes to the new flight or block of ships from
26
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the previous multiyear procurement authoriza-
1
tion for the class of ship concerned.
2
‘‘(C) An identification of the risks associ-
3
ated with any design changes to the new flight
4
or block of ships from the previous multiyear
5
procurement authorization for the class of ship
6
concerned.
7
‘‘(2) A certification that the findings of any
8
such review support the start of construction.
9
‘‘(3) An assessment of the readiness of the
10
shipyard facilities and workforce to begin construc-
11
tion.
12
‘‘(4) The Navy’s estimated delivery date and a
13
description of any risks that could affect such deliv-
14
ery date.
15
‘‘(5) An assessment of the extent to which ade-
16
quate processes and metrics are in place to measure
17
and manage program risks.
18
‘‘(6) With respect to the first ship, a description
19
of the plans of the Navy to oversee and document
20
the construction of the ship to ensure that the detail
21
design supports the construction schedule for the
22
ship.
23
‘‘(c) DEFINITIONS.—In this section:
24
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‘‘(1) FIRST SHIP.—The term ‘first ship’ applies
1
to a ship if—
2
‘‘(A) the ship is the first ship to be con-
3
structed under the new flight or block of ships;
4
or
5
‘‘(B) the shipyard at which the ship is to
6
be constructed has not previously started con-
7
struction on a ship under the new flight or
8
block of ships.
9
‘‘(2) MAJOR SHIPBUILDING PROGRAM; PRODUC-
10
TION READINESS REVIEW.—The terms ‘major ship-
11
building program’ and ‘production readiness review’
12
have the meanings given those terms in section
13
8669c(c) of this title.
14
‘‘(3) NEW FLIGHT OR BLOCK OF SHIPS.—The
15
term ‘new flight or block of ships’ means a new
16
flight, block, or major modification to a current ship
17
class under a major shipbuilding program that was
18
previously authorized and met the previous require-
19
ments as a new ship class.’’.
20
(b) CLERICAL AMENDMENT.—The table of sections
21
at the beginning of chapter 863 of such title is amended
22
by inserting after the item relating to section 8669c the
23
following new item:
24
‘‘8669d. Report accompanying requests for new flights or blocks of major ship-
building programs.’’.
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SEC. 1016. REPORT ON AUXILIARY VESSEL CO-PRODUC-
1
TION.
2
(a) IN GENERAL.—Not later than 120 days after the
3
date of the enactment of this Act, the Secretary of the
4
Navy and the Secretary of the Army, in consultation with
5
the Under Secretary of Defense for Acquisition and
6
Sustainment, the Secretary of Transportation, and the
7
Secretary of State, shall jointly submit to the Committee
8
on Armed Services of the Senate and the Committee on
9
Armed Services of the House of Representatives a report
10
on co-production of non-nuclear auxiliary vessels across
11
the Armed Forces.
12
(b) ELEMENTS.—The report required by subsection
13
(a) shall include the following:
14
(1) A list of non-nuclear auxiliary vessels suit-
15
able for co-production with foreign governments and
16
industry, including details related to operational
17
roles, prospects for co-production, and compatibility
18
with the Navy, the Army, and the Marine Corps.
19
(2) A plan for implementing co-production for
20
each type of vessel on the list required by paragraph
21
(1), including estimated timelines and costs.
22
(3) A description of authorities needed to co-
23
produce such vessels, including statutory or regu-
24
latory changes.
25
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(4) A description of barriers to co-production,
1
including operational, regulatory, security, and eco-
2
nomic challenges and challenges related to inter-
3
national agreements, with recommendations for reso-
4
lution.
5
(5) A description of input from industry and
6
private capital stakeholders on joint venture terms,
7
incentives, and opportunities.
8
(6) A list of foreign partners with the willing-
9
ness and capacity to engage in joint ventures to co-
10
produce each vessel on the list required by para-
11
graph (1) and the associated shipyard.
12
(c) FORM.—The report required by subsection (a)
13
shall be submitted in unclassified form, with a classified
14
annex if necessary.
15
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SEC. 1017. REPORT ON VESSEL LEASING PROGRAM. Not
1
later than December 31, 2025, the Secretary of
2
the Navy, in consultation with the Under Sec-
3
retary
of
Defense
for
Acquisition
and
4
Sustainment, shall submit to the Committee on
5
Armed Services of the Senate and the Committee
6
on Armed Services of the House of Representa-
7
tives a report that includes the following:
8
(1) A list of non-nuclear vessels that could be
9
suitable for contracting under a long-term leasing
10
program.
11
(2) A plan outlining how the Navy would imple-
12
ment a leasing program for surface vessels.
13
(3) A description of authorities necessary for
14
the Navy to lease commercially built and privately
15
owned vessels.
16
(4) A description of input from industry and
17
private capital stakeholders on suggested lease terms
18
and incentives to encourage industry to participate
19
in such a leasing program.
20
SEC. 1018. PILOT PROGRAM ON USE OF AUTOMATED SHIP-
21
BUILDING TECHNOLOGIES AND CAPABILI-
22
TIES.
23
(a) IN GENERAL.—Not later than 90 days after the
24
date of the enactment of this Act, the Secretary of the
25
Navy shall establish a pilot program on the use of auto-
26
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mated assembly technologies and capabilities in naval
1
shipbuilding to reduce overall construction times and al-
2
leviate workforce constraints (in this section referred to
3
as the ‘‘pilot program’’).
4
(b) ELEMENTS OF PILOT PROGRAM.—In carrying
5
out the pilot program, the Secretary of the Navy shall—
6
(1) identify and select available novel auto-
7
mated hull assembly technologies for incorporation
8
and demonstration;
9
(2) designate at least one surface ship or sub-
10
marine program to demonstrate the automated tech-
11
nologies identified under paragraph (1);
12
(3) carry out such demonstrations;
13
(4) evaluate the demonstrated automated tech-
14
nologies—
15
(A) across a range of functions, including
16
plate preparation, welding, and block assembly;
17
and
18
(B) for compatibility and ease of adoption
19
into the existing shipbuilding value chain; and
20
(5) assess the feasibility and effectiveness of
21
automated approaches in improving subassembly
22
construction times, overall ship construction sched-
23
ules, and workforce efficiency and safety.
24
(c) REPORTS.—
25
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(1) IN GENERAL.—Not later than September
1
30, 2026, and annually thereafter until the pilot
2
program terminates, the Secretary of the Navy shall
3
submit to the Committee on Armed Services of the
4
Senate and the Committee on Armed Services of the
5
House of Representatives a report on the implemen-
6
tation and results of the pilot program.
7
(2) ELEMENTS OF REPORTS.—Each report re-
8
quired by paragraph (1) shall include the following:
9
(A) An identification of the time required
10
to adapt specific technologies and processes.
11
(B) A description of the impact of the pilot
12
program on workforce and construction sched-
13
ules.
14
(d) TERMINATION.—The pilot program shall termi-
15
nate on the date that is three years after the date of the
16
enactment of this Act.
17
Subtitle C—Counterterrorism
18
SEC. 1021. EXTENSION OF PROHIBITION ON USE OF FUNDS
19
FOR TRANSFER OR RELEASE OF INDIVID-
20
UALS DETAINED AT UNITED STATES NAVAL
21
STATION, GUANTANAMO BAY, CUBA, TO THE
22
UNITED STATES.
23
Section 1033 of the John S. McCain National De-
24
fense Authorization Act for Fiscal Year 2019 (Public Law
25
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115–232; 132 Stat. 1953), as most recently amended by
1
section 1041 of the Servicemember Quality of Life Im-
2
provement and National Defense Authorization Act for
3
Fiscal Year 2025 (Public Law 118–159), is further
4
amended—
5
(1) in the matter preceding paragraph (1), by
6
striking ‘‘December 31, 2025’’ and inserting ‘‘De-
7
cember 31, 2026’’; and
8
(2) in paragraph (2), by striking ‘‘is or was
9
held on or after January 20, 2009’’ and inserting
10
‘‘has been held since any date that is on or before
11
October 1, 2009’’.
12
SEC. 1022. EXTENSION OF PROHIBITION ON USE OF FUNDS
13
TO CONSTRUCT OR MODIFY FACILITIES IN
14
THE UNITED STATES TO HOUSE DETAINEES
15
TRANSFERRED FROM UNITED STATES NAVAL
16
STATION, GUANTANAMO BAY, CUBA.
17
Section 1034 of the John S. McCain National De-
18
fense Authorization Act for Fiscal Year 2019 (Public Law
19
115–232; 132 Stat. 1954), as most recently amended by
20
section 1042 of the Servicemember Quality of Life Im-
21
provement and National Defense Authorization Act for
22
Fiscal Year 2025 (Public Law 118–159), is further
23
amended—
24
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(1) in subsection (a), by striking ‘‘December
1
31, 2025’’ and inserting ‘‘December 31, 2026’’; and
2
(2) in subsection (c), by striking ‘‘(Public Law
3
114–92; 129 Stat. 971; 10 U.S.C. 801 note)’’ and
4
inserting ‘‘(10 U.S.C. 801 note; Public Law 114–
5
92)’’.
6
SEC. 1023. EXTENSION OF PROHIBITION ON USE OF FUNDS
7
FOR TRANSFER OR RELEASE OF INDIVID-
8
UALS DETAINED AT UNITED STATES NAVAL
9
STATION, GUANTANAMO BAY, CUBA, TO CER-
10
TAIN COUNTRIES.
11
Section 1035 of the John S. McCain National De-
12
fense Authorization Act for Fiscal Year 2019 (Public Law
13
115–232; 132 Stat. 1954), as most recently amended by
14
section 1043 of the Servicemember Quality of Life Im-
15
provement and National Defense Authorization Act for
16
Fiscal Year 2025 (Public Law 118–159), is further
17
amended—
18
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
19
‘‘No amounts’’;
20
(2) by striking ‘‘December 31, 2025’’ and in-
21
serting ‘‘December 31, 2026’’;
22
(3) by striking ‘‘any individual detained in the
23
custody or under the control of the Department of
24
Defense at United States Naval Station, Guanta-
25
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namo Bay, Cuba,’’ and inserting ‘‘any individual de-
1
tained at Guantanamo’’; and
2
(4) by adding at the end the following new sub-
3
section:
4
‘‘(b) INDIVIDUAL DETAINED AT GUANTANAMO DE-
5
FINED.—In this section, the term ‘individual detained at
6
Guantanamo’ has the meaning given that term in section
7
1034(f)(2) of the National Defense Authorization Act for
8
Fiscal Year 2016 (10 U.S.C. 801 note; Public Law 114–
9
92).’’.
10
SEC. 1024. EXTENSION OF PROHIBITION ON USE OF FUNDS
11
TO CLOSE OR RELINQUISH CONTROL OF
12
UNITED STATES NAVAL STATION, GUANTA-
13
NAMO BAY, CUBA.
14
Section 1036 of the National Defense Authorization
15
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat.
16
1551), as most recently amended by section 1044 of the
17
Servicemember Quality of Life Improvement and National
18
Defense Authorization Act for Fiscal Year 2025 (Public
19
Law 118–159), is further amended by striking ‘‘2025’’
20
and inserting ‘‘2026’’.
21
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SEC. 1025. CLARIFICATION REGARDING DEFINITION OF IN-
1
DIVIDUAL DETAINED AT GUANTANAMO.
2
Section 1034(f)(2) of the National Defense Author-
3
ization Act for Fiscal Year 2016 (Public Law 114–92; 129
4
Stat. 971; 10 U.S.C. 801 note) is amended—
5
(1) in the matter preceding subparagraph (A),
6
by striking ‘‘as of’’ and inserting ‘‘on or before’’;
7
and
8
(2) in subparagraph (B)(i), by inserting ‘‘at
9
United States Naval Station, Guantanamo Bay,
10
Cuba’’ after ‘‘Department of Defense’’.
11
Subtitle D—Miscellaneous
12
Authorities and Limitations
13
SEC. 1031. PROHIBITION ON USE OF FUNDS TO SUPPORT
14
ENTERTAINMENT PROJECTS WITH TIES TO
15
THE GOVERNMENT OF THE PEOPLE’S REPUB-
16
LIC OF CHINA.
17
(a) IN GENERAL.—None of the funds authorized to
18
be appropriated by this Act for the Department of Defense
19
may be used to knowingly provide active and direct sup-
20
port to any film, television, or other entertainment project
21
if the Secretary of Defense has demonstrable evidence that
22
the project has complied or is likely to comply with a de-
23
mand from the Government of the People’s Republic of
24
China or the Chinese Communist Party, or an entity
25
under the direction of the People’s Republic of China or
26
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the Chinese Communist Party, to censor the content of
1
the project in a material manner to advance the national
2
interest of the People’s Republic of China.
3
(b) WAIVER.—The Secretary of Defense may waive
4
the prohibition under subsection (a) if the Secretary sub-
5
mits to the Committees on Armed Services of the Senate
6
and House of Representatives a written certification that
7
such a waiver is in the national interest of the United
8
States.
9
SEC. 1032. PROHIBITION ON DESTRUCTION OR SCRAPPING
10
OF WORLD WAR II–ERA AIRCRAFT.
11
(a) PROHIBITION.—The Secretary of Defense may
12
not destroy, dismantle, scrap, cannibalize, or otherwise
13
render permanently inoperable any aircraft that—
14
(1) was manufactured prior to December 31,
15
1945; and
16
(2) is in the custody or administrative control
17
of the Department of the Air Force as of the date
18
of the enactment of this Act.
19
(b) AUTHORIZED DISPOSITIONS.—Aircraft described
20
in subsection (a) may only be—
21
(1) retained in the inventory of the Department
22
of the Air Force;
23
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(2) transferred to the National Museum of the
1
United States Air Force or other official Depart-
2
ment of Defense museums;
3
(3) transferred to qualified Federal agencies,
4
nonprofit institutions, or museums with dem-
5
onstrated indoor preservation and public display ca-
6
pabilities; or
7
(4) de-accessioned under a plan approved by
8
the Secretary of Defense that supports long-term
9
preservation of such aircraft, and consistent with
10
guidelines established in the committee report ac-
11
companying this Act.
12
(c) WAIVER AUTHORITY.—The Secretary of Defense
13
may waive the restriction under subsection (a) on a case-
14
by-case basis only if—
15
(1) the aircraft is determined by qualified per-
16
sonnel to be beyond practical restoration or preser-
17
vation;
18
(2) no eligible institution expresses interest in
19
accepting the aircraft within 12 months following
20
public notice of its availability; and
21
(3) written notification and justification of the
22
waiver is submitted to the congressional defense
23
committees not less than 30 days prior to execution
24
of any disposal action.
25
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(d) AIRCRAFT DEFINED.—In this section, the term
1
‘‘aircraft’’ includes any fixed-wing or rotary-wing manned
2
aircraft in military service prior to December 31, 1945.
3
SEC. 1033. SUPPORT FOR COUNTERDRUG ACTIVITIES AND
4
ACTIVITIES TO COUNTER TRANSNATIONAL
5
ORGANIZED CRIME.
6
(a) QUARTERLY REPORTING.—Subsection (h) of sec-
7
tion 284 of title 10, United States Code, is amended—
8
(1) in paragraph (1)—
9
(A) by redesignating subparagraphs (A)
10
and (B) as subparagraphs (B) and (C), respec-
11
tively; and
12
(B) by inserting before subparagraph (B),
13
as redesignated by subparagraph (A) of this
14
paragraph, the following new subparagraph:
15
‘‘(A) In the case of support for a purpose
16
described in subsection (b)—
17
‘‘(i) the agency to which support is
18
provided;
19
‘‘(ii)
the
budget,
implementation
20
timeline with milestones, anticipated deliv-
21
ery schedule for support, and completion
22
date for the purpose or project for which
23
support is provided;
24
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‘‘(iii) the source and planned expendi-
1
ture of funds provided for the project or
2
purpose;
3
‘‘(iv) a description of the arrange-
4
ments, if any, for the sustainment of the
5
project or purpose and the source of funds
6
to support sustainment of the capabilities
7
and performance outcomes achieved using
8
such support, if applicable;
9
‘‘(v) a description of the objectives for
10
the project or purpose and evaluation
11
framework to be used to develop capability
12
and performance metrics associated with
13
operational outcomes for the recipient;
14
‘‘(vi)
information,
including
the
15
amount, type, and purpose, about the sup-
16
port provided the agency during the three
17
fiscal years preceding the fiscal year for
18
which the support covered by the notice is
19
provided under this section with respect
20
to—
21
‘‘(I) this section;
22
‘‘(II) counterdrug activities au-
23
thorized by section 1033 of the Na-
24
tional Defense Authorization Act for
25
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Fiscal Year 1998 (Public Law 105–
1
85; 111 Stat. 1811); or
2
‘‘(III) any other significant pro-
3
gram, account, or activity for the pro-
4
vision of security assistance that the
5
Secretary of Defense and the Sec-
6
retary of State consider appropriate.’’;
7
and
8
(2) in paragraph (3)(B)(i), by striking ‘‘the
9
Committees on Armed Services of the Senate and
10
House of Representatives’’ and inserting ‘‘the con-
11
gressional defense committees’’.
12
(b) RULE OF CONSTRUCTION REGARDING USE OF
13
AUTHORITY
FOR IMMIGRATION ENFORCEMENT.—Such
14
section is further amended—
15
(1) by redesignating subsection (i) as subsection
16
(j); and
17
(2) by inserting after subsection (h) the fol-
18
lowing new subsection:
19
‘‘(i) RULE OF CONSTRUCTION REGARDING USE OF
20
AUTHORITY FOR IMMIGRATION ENFORCEMENT.—No sup-
21
port for the counterdrug activities or activities to counter
22
transnational organized crime of any other department or
23
agency of the Federal Government or of any State, local,
24
tribal, or foreign law enforcement agency may be provided
25
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under this section for the detention of an individual at
1
a military installation, Department of Defense facility, or
2
Department of Defense-funded facility unless the Sec-
3
retary of Defense independently verifies the nexus to drug
4
activities or transnational organized crime prior to the
5
transfer of such individual to such installation or facil-
6
ity.’’.
7
SEC. 1034. SENIOR LEADERS OF THE DEPARTMENT OF DE-
8
FENSE AND OTHER SPECIFIED PERSONS: AU-
9
THORITY TO PROVIDE PROTECTION.
10
Section 714 of title 10, United States Code, is
11
amended—
12
(1) in subsection (a), by adding at the end the
13
following new paragraph:
14
‘‘(8) Former or retired officials who—
15
‘‘(A) previously served in the positions
16
identified in paragraphs (1) through (7); and
17
‘‘(B) face serious and credible threats aris-
18
ing from duties performed while employed by
19
the Department of Defense.’’;
20
(2) in subsection (b)—
21
(A) in paragraph (1), by striking ‘‘para-
22
graphs (1) through (7) of’’;
23
(B) in paragraph (4), by inserting ‘‘or re-
24
imbursement’’ after ‘‘personal security’’; and
25
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(C) in paragraph (6)—
1
(i) by amending subparagraph (A) to
2
read as follows:
3
‘‘(A) IN GENERAL.— Except as provided in
4
subparagraph (D), the Secretary of Defense
5
shall submit to the congressional defense com-
6
mittee determinations made pursuant to this
7
subsection as follows:
8
‘‘(i) An initial determination made
9
under paragraph (4), not later than 15
10
days after the date on which the deter-
11
mination is made, including the justifica-
12
tion for such determination and a current
13
threat assessment by an appropriate law
14
enforcement, security, or intelligence orga-
15
nization.
16
‘‘(ii) A determination to deny the re-
17
newal of physical protection and security
18
or reimbursement, not later than 15 days
19
after the date on which the determination
20
is made, including—
21
‘‘(I) the justification for such de-
22
termination;
23
‘‘(II) a current threat assessment
24
by an appropriate law enforcement,
25
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security, or intelligence organization;
1
and
2
‘‘(III) a certification that threats
3
to the individual arising from duties
4
performed while employed by the De-
5
partment of Defense can be suffi-
6
ciently mitigated without physical pro-
7
tection and security or reimburse-
8
ment.
9
‘‘(iii) A determination to terminate
10
physical protection and security or reim-
11
bursement during a previously authorized
12
period of protection, not later than 48
13
hours after the date on which the deter-
14
mination is made, including—
15
‘‘(I) the justification for such de-
16
termination;
17
‘‘(II) a current threat assessment
18
by an appropriate law enforcement,
19
security, or intelligence organization;
20
and
21
‘‘(III) a certification that threats
22
to the individual arising from duties
23
performed while employed by the De-
24
partment of Defense can be suffi-
25
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ciently mitigated without protection
1
and security or reimbursement.
2
‘‘(iv) A determination to deny a re-
3
quest for reimbursement of an individual
4
described in subsection (a)(8), not later
5
than 15 days after the date on which the
6
determination is made, including—
7
‘‘(I) the justification for such de-
8
termination;
9
‘‘(II) a current threat assessment
10
by an appropriate law enforcement,
11
security, or intelligence organization;
12
and
13
‘‘(III) a certification that threats
14
to the individual arising from duties
15
performed while employed by the De-
16
partment of Defense can be suffi-
17
ciently mitigated without reimburse-
18
ment.’’; and
19
(ii) in subparagraph (C), by inserting
20
‘‘and a description of any changes to such
21
guidelines’’ after ‘‘paragraph (1)’’; and
22
(3) by adding at the end the following new sub-
23
section:
24
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‘‘(f) NOTIFICATION TO PROTECTED PERSONNEL.—
1
The Secretary of Defense shall provide written notification
2
to individuals receiving physical protection and personal
3
security under subsection (a) or reimbursement under sub-
4
section (e) at least 90 days before terminating or denying
5
the renewal of protection and security protection or reim-
6
bursement for such individuals.’’.
7
SEC. 1035. NOTIFICATION OF THE USE OF MILITARY AIR-
8
CRAFT FOR IMMIGRATION ENFORCEMENT
9
OPERATIONS.
10
Not later than seven calendar days after military air-
11
craft, installations, or personnel are used in support of the
12
Department of Homeland Security, the Secretary of De-
13
fense shall provide written notification to the Committee
14
on Armed Services of the Senate and the Committee on
15
Armed Services of the House of Representatives of the fol-
16
lowing:
17
(1) The type and variant of military aircraft
18
used to support the enforcement operation.
19
(2) The number of individuals on board the
20
military aircraft employed by the Department of De-
21
fense.
22
(3) The type, variant, and number of any mili-
23
tary aircraft utilized to support the military aircraft
24
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being used in the enforcement operation, including
1
aerial refueling aircraft.
2
(4) The estimated cost of supporting the en-
3
forcement operation, including—
4
(A) the aircraft utilized to transport those
5
subject to a removal order;
6
(B) the number of flights hours required to
7
complete the round-trip mission;
8
(C) the use of any supporting aircraft, in-
9
cluding aerial refueling aircraft; and
10
(D) the number of flight hours required to
11
complete the round-trip mission of the sup-
12
porting aircraft.
13
(5) The destination country of the military air-
14
craft.
15
(6) When the destination country of the mili-
16
tary aircraft is Naval Station Guantanamo Bay,
17
Cuba, reporting on both inbound and outbound
18
flights in accordance with the requirements of para-
19
graphs (1) through (5).
20
(7) Reassignment of Department of Defense
21
personnel from Joint Task Force Guantanamo or
22
another Department of Defense entity to support
23
alien detention operations.
24
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(8) Facility maintenance or upgrades to sup-
1
port operations and costs of any Federal agency.
2
SEC. 1036. MODIFICATION OF REQUIREMENTS RELATING
3
TO SUPPORT OF CIVIL AUTHORITIES BY
4
ARMED FORCES.
5
(a) IN GENERAL.—Section 723 of title 10, United
6
States Code, is amended—
7
(1) in subsection (a), in the subsection heading,
8
by striking ‘‘REQUIREMENT’’ and inserting ‘‘RE-
9
SPONSE TO CIVIL DISTURBANCES’’;
10
(2) by redesignating subsection (b) as sub-
11
section (c);
12
(3) by inserting after subsection (a) the fol-
13
lowing new subsection (b):
14
‘‘(b) SUPPORT
TO CIVILIAN LAW ENFORCEMENT
15
AGENCIES
BY MEMBERS
OF
THE ARMED FORCES.—
16
Whenever a member of the armed forces (including the
17
National Guard) provides support to civilian law enforce-
18
ment agencies, each such member providing such support
19
shall visibly display the name of the armed force in which
20
such member operates.’’; and
21
(4) in subsection (c), as redesignated by para-
22
graph (2)—
23
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(A) by striking ‘‘requirement under sub-
1
section (a)’’ and inserting ‘‘requirements under
2
subsections (a) and (b)’’; and
3
(B) by striking ‘‘such subsection’’ and in-
4
serting ‘‘any such subsection’’.
5
(b) CONFORMING AND CLERICAL AMENDMENTS.—
6
(1) CONFORMING AMENDMENT.—The heading
7
for section 723 of title 10, United States Code, is
8
amended by striking ‘‘Federal authorities in
9
response to civil disturbances’’ and inserting
10
‘‘civil authorities’’.
11
(2) CLERICAL AMENDMENT.—The table of sec-
12
tions at the beginning of chapter 41 of title 10,
13
United States Code, is amended by striking the item
14
relating to section 723 and inserting the following
15
new item:
16
‘‘723. Support of civil authorities: requirement for use of members of the Armed
Forces and Federal law enforcement personnel.’’.
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SEC. 1037. PROHIBITION ON OPERATION OF CONNECTED
1
VEHICLES DESIGNED, DEVELOPED, MANU-
2
FACTURED,
OR
SUPPLIED
BY
PERSONS
3
OWNED BY, CONTROLLED BY, OR SUBJECT
4
TO THE JURISDICTION OF A FOREIGN ENTITY
5
OF CONCERN ON DEPARTMENT OF DEFENSE
6
PROPERTY.
7
(a) IN GENERAL.—After January 1, 2028, no con-
8
nected vehicle on the list required under subsection (b)
9
may be operated on a military installation or on any other
10
property of the Department of Defense.
11
(b) LIST REQUIRED.—
12
(1) IN GENERAL.—Not later than January 1,
13
2027, the Secretary of Defense shall establish and
14
publish on a publicly available website of the Depart-
15
ment of Defense a list of prohibited connected vehi-
16
cles that—
17
(A) are designed, developed, manufactured,
18
or supplied by persons owned by, controlled by,
19
or subject to the jurisdiction of a foreign entity
20
of concern; and
21
(B) pose—
22
(i) an undue risk of sabotage to or
23
subversion of the design, integrity, manu-
24
facturing, production, distribution, installa-
25
tion, operation, or maintenance of informa-
26
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tion and communications technology and
1
services in the United States;
2
(ii) an undue risk of catastrophic ef-
3
fects on the security or resiliency of critical
4
infrastructure in the United States or the
5
digital economy of the United States; or
6
(iii) an unacceptable risk to the na-
7
tional security of the United States or the
8
security and safety of United States per-
9
sons.
10
(2) INCORPORATION
OF
EXISTING
FEDERAL
11
RULES.—In establishing the list required under
12
paragraph (1), the Secretary shall incorporate exist-
13
ing Federal rules for identifying prohibited con-
14
nected vehicles.
15
(3) ANNUAL REVIEW.—
16
(A) IN GENERAL.—The Secretary shall re-
17
view the list required under paragraph (1) not
18
less frequently than once each year and shall
19
make such additions, subtractions, supplements,
20
or amendments to the list as the Secretary de-
21
termines appropriate.
22
(B) EXPLANATION
OF
SUBTRACTIONS.—
23
Any review under subparagraph (A) that makes
24
subtractions from the list required under para-
25
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graph (1) shall include an explanation of why
1
the subtraction was made.
2
(4) CONSULTATION.—
3
(A) IN
GENERAL.—The Secretary shall
4
consult with the head of any Federal depart-
5
ment or agency that the Secretary determines is
6
appropriate in making the list required under
7
paragraph (1) and conducting any annual re-
8
view under paragraph (3).
9
(B) TRANSMITTAL
OF
LIST.—The Sec-
10
retary shall transmit a copy of the list required
11
under paragraph (1), and any modification to
12
that list, to the heads of each Federal depart-
13
ment or agency determined appropriate under
14
subparagraph (A).
15
(c) IMPLEMENTATION PLAN AND BRIEFING.—
16
(1) IN
GENERAL.—Not later than June 1,
17
2027, the Secretary of Defense shall establish and
18
provide to the congressional defense committees a
19
briefing on an implementation plan for carrying out
20
the prohibition under subsection (a).
21
(2) ELEMENTS.—The implementation plan re-
22
quired under paragraph (1) shall include—
23
(A) an identification of the lead organiza-
24
tion within the Department of Defense respon-
25
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sible for implementing and overseeing the prohi-
1
bition under subsection (a);
2
(B) a description of the process by which
3
the Department will identify and assess prohib-
4
ited connected vehicles;
5
(C) a description of the means by which
6
the Department will conduct coordination with
7
appropriate Federal departments and agencies;
8
(D) an identification of the metrics by
9
which the Department will assess connected ve-
10
hicles for threats to national security;
11
(E) a description of the means by which
12
military installations will ensure compliance
13
with such prohibition; and
14
(F) an assessment of resource require-
15
ments necessary to implement and maintain
16
such prohibition.
17
(d) DEFINITIONS.—In this section:
18
(1) CONNECTED
VEHICLE.—The term ‘‘con-
19
nected vehicle’’ has the meaning given that term in
20
section 791.301 of title 15, Code of Federal Regula-
21
tions, or successor regulations.
22
(2) FOREIGN ENTITY OF CONCERN.—The term
23
‘‘foreign entity of concern’’ has the meaning given
24
that term in section 9901 of the William M. (Mac)
25
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Thornberry National Defense Authorization Act for
1
Fiscal Year 2021 (15 U.S.C. 4651).
2
(3) MILITARY INSTALLATION.—The term ‘‘mili-
3
tary installation’’ has the meaning given that term
4
in section 2801(c) of title 10, United States Code.
5
Subtitle E—Studies and Reports
6
SEC. 1041. ANNUAL REPORT ON CONTRACT CANCELLA-
7
TIONS.
8
(a) REPORT REQUIRED.—
9
(1) IN GENERAL.—Not later than 10 days after
10
the date on which the President submits a budget of
11
the United States Government for each of fiscal
12
years 2027 through 2031 to Congress pursuant to
13
section 1105 of title 31, United States Code, the
14
Secretary of Defense shall submit to the congres-
15
sional defense committees a report on any cancella-
16
tions of contracts during the preceding fiscal year.
17
(2) REPORTING
ON
FISCAL
YEAR
2025
CAN-
18
CELLATIONS.—The Secretary of Defense shall in-
19
clude in the first report submitted under paragraph
20
(1) reporting on any cancellations of contracts dur-
21
ing fiscal year 2025.
22
(b) ELEMENTS.—The report required under sub-
23
section (a) shall include the following elements:
24
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(1) Identification of the Contract Line Item
1
Number affected.
2
(2) Total value of such Contract Line Item
3
Number.
4
(3) Total existing obligations against that Con-
5
tract Line Item Number.
6
(4) Any fee paid, if applicable, for cancelling
7
the contract.
8
(5) A brief justification of the rationale for can-
9
cellation, tagged by—
10
(A) non-alignment with the priorities of
11
the Secretary of Defense;
12
(B) requirement no longer exists;
13
(C) requirement has decreased;
14
(D) requirement exists, but the contract
15
did not meet requirements for cost or the
16
schedule or performance are unacceptable; or
17
(E) any other rationale as determined by
18
the Secretary.
19
(6) For any Contract Line Item Number tagged
20
pursuant to paragraph (5)(E), a brief proposed
21
timeline for issuing a new contract to meet the spec-
22
ified requirement.
23
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SEC. 1042. STREAMLINING OF TOTAL FORCE REPORTING
1
REQUIREMENTS.
2
(a) REPEAL
OF ANNUAL REPORT
ON MILITARY
3
TECHNICIANS.—Section 115a of title 10, United States
4
Code, is amended by striking subsection (g).
5
(b) INCORPORATION
OF ANNUAL CIVILIAN PER-
6
SONNEL MANAGEMENT REPORT INTO ANNUAL DEFENSE
7
MANPOWER PROFILE REPORT.—
8
(1) IN
GENERAL.—Such section is further
9
amended—
10
(A)
by
redesignating
subsections
(d)
11
through (f) as subsections (e) through (g), re-
12
spectively; and
13
(B) by inserting after subsection (c) the
14
following new subsection:
15
‘‘(d)(1) The Secretary shall include in each report re-
16
quired under subsection (a) a detailed discussion of the
17
management of the civilian workforce of the Department
18
of Defense. The discussion shall include the matter speci-
19
fied in paragraph (2) for the civilian workforce of each
20
of the following:
21
‘‘(A) The Office of the Secretary of Defense
22
and the Defense Agencies and Department of De-
23
fense Field Activities.
24
‘‘(B) The military departments.’’.
25
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(2)
TRANSFER
OF
REPORTING
REQUIRE-
1
MENTS.—Such title is further amended by transfer-
2
ring paragraph (2) of section 129(c) of such title to
3
section 115a, inserting such paragraph at the end of
4
subsection (d) of such section 115a, as added by
5
paragraph (1)(B) of this subsection, and amending
6
such paragraph (2)—
7
(A) by striking ‘‘Each report under para-
8
graph (1) shall contain’’ and inserting ‘‘The
9
matter to be included in each discussion under
10
paragraph (1)’’; and
11
(B) by striking ‘‘under the jurisdiction of
12
the official submitting the report’’ and inserting
13
‘‘of each element of the Department of Defense
14
named in that paragraph’’.
15
(3) CONFORMING
REPEAL
OF
REQUIREMENT
16
FOR SEPARATE ANNUAL CIVILIAN PERSONNEL MAN-
17
AGEMENT
REPORT.—Section 129 of such title is
18
amended by striking subsection (c).
19
SEC. 1043. REPORT ON NATIONAL GUARD SEXUAL ASSAULT
20
PREVENTION AND RESPONSE TRAINING.
21
The Chief of the National Guard Bureau, in coordi-
22
nation with the Secretary of Defense, shall submit to the
23
Committees on Armed Services of the Senate and the
24
House of Representatives a report containing the number
25
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of members of the National Guard, disaggregated by
1
State, that received sexual assault prevention and re-
2
sponse training in the preceding calendar year—
3
(1) not later than 180 days after the date of
4
the enactment of this Act; and
5
(2) annually, beginning in 2027 and ending in
6
2031, by not later than March 30 of each year.
7
SEC. 1044. REPORTS TO CONGRESS ON DEPARTMENT OF
8
DEFENSE SUPPORT FOR IMMIGRATION EN-
9
FORCEMENT OPERATIONS.
10
Section 1707 of the National Defense Authorization
11
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
12
1799; 10 U.S.C. 113 note) is amended by adding at the
13
end the following new subsection:
14
‘‘(c) REPORTS ON SUPPORT FOR IMMIGRATION EN-
15
FORCEMENT OPERATIONS.—
16
‘‘(1) IN GENERAL.—If the Department of De-
17
fense approves a Request for Assistance for support
18
for immigration enforcement operations, the Sec-
19
retary of Defense shall electronically transmit to the
20
Committees on Armed Services of the Senate and
21
the House of Representatives a report on such sup-
22
port not later than 30 calendar days after the date
23
on which the Secretary approves the Request for As-
24
sistance and every 30 calendar days thereafter.
25
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‘‘(2) ELEMENTS.—Each report required by
1
paragraph (1) shall include information on the fol-
2
lowing:
3
‘‘(A) The use of transportation support
4
provided by the Department of Defense, the
5
type of such support, and the cost of such sup-
6
port.
7
‘‘(B) The use of installation or facility sup-
8
port provided by the Department of Defense,
9
the name of the installation or facility, and the
10
cost of such support.
11
‘‘(C) The reassignment of Department of
12
Defense personnel to conduct support for immi-
13
gration enforcement operations, the units from
14
which such personnel were reassigned, the dura-
15
tion of the orders, and the cost of such reas-
16
signment.’’.
17
SEC. 1045. MILITARY SEALIFT COMMAND.
18
(a) REPORT ON RECRUITING AND RETENTION EF-
19
FORTS.—
20
(1) IN
GENERAL.—Not later than 180 days
21
after the date of the enactment of this section, and
22
annually thereafter, the Secretary of the Navy, in
23
coordination with the Commander of the Military
24
Sealift Command, and in consultation with the Com-
25
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mander of United States Transportation Command,
1
the Commander of United States Fleet Forces Com-
2
mand, and the Assistant Secretary of the Navy for
3
Research, Development and Acquisition, shall submit
4
to the Committee on Armed Services of the Senate
5
and the Committee on Armed Services of the House
6
of Representatives a report on efforts to improve re-
7
cruitment and retention of Military Sealift Com-
8
mand Mariners.
9
(2) ELEMENTS.—The report required under
10
paragraph (1) shall consider—
11
(A) opportunities to enhance the integra-
12
tion of Military Sealift Command civilian mari-
13
ners into the military command structure;
14
(B) providing training on the roles and sig-
15
nificance of Military Sealift Command civilian
16
mariner workforce to relevant military com-
17
mands; and
18
(C) authorities required to improve recruit-
19
ment and retention of civilian mariners in Mili-
20
tary Sealift Command.
21
(b) REPORT
ON
EXTENDING
CHARTER
DURA-
22
TIONS.—Not later than 90 days after the date of the en-
23
actment of this section, the Secretary of the Navy shall
24
submit to the Committee on Armed Services of the Senate
25
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and the Committee on Armed Services of the House of
1
Representatives a report assessing the merits of extending
2
the maximum charter durations of commercial and spe-
3
cialty vessels for the Military Sealift Command.
4
SEC. 1046. REPORT ON ALIENS HELD AT INSTALLATIONS OF
5
DEPARTMENT OF DEFENSE.
6
(a) REPORT.—Not later than 30 days after the date
7
of the enactment of this Act, and not less frequently than
8
monthly thereafter, the Secretary of Defense shall submit
9
to the Committees on Armed Services of the Senate and
10
the House of Representatives a report containing—
11
(1) the number of aliens held at installations of
12
the Department of Defense, disaggregated by loca-
13
tion; and
14
(2) the total cost of detention of aliens at in-
15
stallations of the Department of Defense, regardless
16
of location.
17
(b) ALIEN DEFINED.—In this section, the term
18
‘‘alien’’ has the meaning given that term in section 101
19
of the Immigration and Nationality Act (8 U.S.C. 1101).
20
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SEC. 1047. BRIEFING ON EXPENDITURES OR PLANNED EX-
1
PENDITURES OF FUNDS ALLOCATED FOR EX-
2
PLORATION AND DEVELOPMENT OF EXIST-
3
ING ARCTIC INFRASTRUCTURE.
4
Not later than 90 days after the date of the enact-
5
ment of this Act, and every 90 days thereafter, the Sec-
6
retary of Defense, in consultation with the Commander
7
of the United States Indo-Pacific Command and the Com-
8
mander of the United States Northern Command, shall
9
provide a briefing to the congressional defense committees
10
on the expenditures or planned expenditures of funds allo-
11
cated pursuant to section 20009(12) of the Act entitled
12
‘‘An Act to provide for reconciliation pursuant to title II
13
of H. Con. Res. 14’’, approved July 4, 2025 (Public Law
14
119–21), for exploration and development of existing Arc-
15
tic infrastructure. The briefing should include amount of
16
funds expended to date, a timeline for future use of funds,
17
and an assessment of the feasibility of any viable infra-
18
structure options in the Arctic region.
19
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Subtitle F—Other Matters
1
SEC. 1051. MODIFICATION OF LIMITATION ON ASSISTANCE
2
IN SUPPORT OF DEPARTMENT OF DEFENSE
3
ACCOUNTING FOR MISSING UNITED STATES
4
GOVERNMENT PERSONNEL.
5
Section 408(d)(1) of title 10, United States Code, is
6
amended
by
striking
‘‘$5,000,000’’
and
inserting
7
‘‘$15,000,000’’.
8
SEC. 1052. EXTENSION OF ADMISSION TO GUAM OR THE
9
COMMONWEALTH OF THE NORTHERN MAR-
10
IANA ISLANDS FOR CERTAIN H–2B NON-
11
IMMIGRANTS.
12
Section 6(b)(1)(B) of the Joint Resolution entitled
13
‘‘A Joint Resolution to approve the ‘Covenant to Establish
14
a Commonwealth of the Northern Mariana Islands in Po-
15
litical Union with the United States of America’, and for
16
other purposes’’, approved March 24, 1976 (48 U.S.C.
17
1806(b)(1)(B)), is amended, in the matter preceding
18
clause (i), by striking ‘‘December 31, 2029’’ and inserting
19
‘‘December 31, 2031’’.
20
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SEC. 1053. PROHIBITING SECRETARY OF DEFENSE FROM
1
DEVELOPING
VOTING
TECHNOLOGY
OR
2
METHODOLOGY.
3
The Secretary of Defense may not develop, or facili-
4
tate the development of, any voting technology or method-
5
ology for voting in Federal and State elections.
6
SEC. 1054. ASSESSMENT OF THE FEASIBILITY AND ADVIS-
7
ABILITY OF USING PERSONNEL OF THE DE-
8
PARTMENT OF DEFENSE TO SUPPORT U.S.
9
CUSTOMS AND BORDER PROTECTION.
10
(a) ASSESSMENT AND REPORT.—Not later than 180
11
days after the date of the enactment of this Act, the Sec-
12
retary of Defense shall, in consultation with the Secretary
13
of Homeland Security—
14
(1) conduct an assessment of the advisability,
15
feasibility, and cost of using personnel of the De-
16
partment of Defense to support U.S. Customs and
17
Border Protection by providing translation and in-
18
terpretation services in connection with border secu-
19
rity operations; and
20
(2) submit to the congressional defense commit-
21
tees a report on the findings of the Secretary with
22
respect to the assessment conducted pursuant to
23
paragraph (1).
24
(b) CONTENTS.—The report submitted pursuant to
25
subsection (a)(2) shall include the following:
26
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(1) An assessment of the current capabilities
1
and availability of Department personnel with rel-
2
evant language skills to support the needs of U.S.
3
Customs and Border Protection and assist with
4
interviews, including with respect to Mandarin Chi-
5
nese, Arabic, Russian, Swahili, Korean, Urdu, Farsi,
6
and other languages that may be encountered at the
7
United States border.
8
(2) An evaluation on the potential impact of the
9
use of personnel described in subsection (a)(1) on
10
Department readiness, operations, and personnel.
11
(3) An evaluation of the impact of such use of
12
personnel on operations at the United States border.
13
(4) A cost estimate for such use of personnel,
14
including administrative, training, deployment, and
15
sustainment costs;
16
(5) A summary of any prior or ongoing inter-
17
agency efforts or agreements relating to foreign lan-
18
guage support between the Department of Defense
19
and the Department of Homeland Security and if
20
such support was provided on a reimbursable or
21
nonreimbursable basis.
22
(6) Such recommendations as the Secretary of
23
Defense may have for legislative or administrative
24
action to facilitate such use of personnel.
25
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SEC. 1055. LIMITATION ON AVAILABILITY OF FUNDS FOR
1
TRAVEL EXPENSES OF THE OFFICE OF THE
2
SECRETARY OF DEFENSE.
3
Of the funds authorized to be appropriated by this
4
Act or otherwise made available for fiscal year 2026 for
5
operation and maintenance, defense-wide, and available
6
for the Office of the Secretary of Defense for travel ex-
7
penses, not more than 75 percent may be obligated or ex-
8
pended until the Secretary of Defense—
9
(1) submits to the Committee on Armed Serv-
10
ices of the Senate unredacted copies of documents
11
requested by the committee during the period begin-
12
ning on January 1, 2024, and ending on June 1,
13
2024;
14
(2) submits to the congressional defense com-
15
mittees overdue notifications regarding sensitive
16
military operations required by section 130f of title
17
10, United States Code;
18
(3) submits to the requesting committee over-
19
due quarterly reports regarding execute orders of the
20
Department of Defense required by section 1744 of
21
the National Defense Authorization Act for Fiscal
22
Year 2020 (Public Law 116–92; 10 U.S.C. 113
23
note);
24
(4) submits to the congressional defense com-
25
mittees the plan for integrating signals intelligence
26
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capabilities on fielded armed overwatch aircraft re-
1
quired by section 167 of the Servicemember Quality
2
of Life Improvement and National Defense Author-
3
ization Act for Fiscal Year 2025 (Public Law 118–
4
159);
5
(5) issues guidance on the governance and over-
6
sight of the contracts of the Department of Defense
7
that support or enable sensitive activities required by
8
section 867 of the Servicemember Quality of Life
9
Improvement and National Defense Authorization
10
Act for Fiscal Year 2025 (Public Law 118–159);
11
(6) submits to the congressional defense com-
12
mittees the review of authorities relevant to the con-
13
duct of irregular warfare activities by the Depart-
14
ment of Defense required by section 1065 of the
15
Servicemember Quality of Life Improvement and
16
National Defense Authorization Act for Fiscal Year
17
2025 (Public Law 118–159);
18
(7) submits to the congressional defense com-
19
mittees the plan for implementing and institutional-
20
izing the responsibilities of the Assistant Secretary
21
of Defense for Special Operations and Low-Intensity
22
Conflict, and other matters, required by section
23
907(b) of the Servicemember Quality of Life Im-
24
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provement and National Defense Authorization Act
1
for Fiscal Year 2025 (Public Law 118–159); and
2
(8) submits to the Committees on Armed Serv-
3
ices of the Senate and the House of Representatives
4
the report on Department of Defense efforts to iden-
5
tify, disseminate, and implement throughout the De-
6
partment lessons learned from the war in Ukraine
7
required by the conference report accompanying the
8
Servicemember Quality of Life Improvement and
9
National Defense Authorization Act for Fiscal Year
10
2025 (Public Law 118–159).
11
SEC. 1056. DEPARTMENT OF DEFENSE SENSITIVE ACTIVI-
12
TIES.
13
(a) OVERSIGHT OF DEPARTMENT OF DEFENSE SEN-
14
SITIVE ACTIVITIES.—Chapter 3 of title 10, United States
15
Code, is amended by inserting after section 130f the fol-
16
lowing new section:
17
‘‘§ 103g. Oversight of Department of Defense sensitive
18
activities.
19
‘‘(a) IN GENERAL.—The Secretary of Defense shall
20
keep the congressional defense committees fully and cur-
21
rently informed of Department of Defense sensitive activi-
22
ties.
23
‘‘(b) NOTIFICATION.—The Secretary of Defense shall
24
submit to the congressional defense committees notice in
25
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writing of a compromise or failure of any Department of
1
Defense sensitive activity not later than 48 hours following
2
the compromise or failure.
3
‘‘(c) PROCEDURES.—The Secretary of Defense, in co-
4
ordination with the congressional defense committees,
5
shall establish and submit to such committees procedures
6
for complying with the requirements of subsection (a) and
7
(b) consistent with the national security of the United
8
States and the protection of operational integrity. The
9
Secretary shall promptly notify the congressional defense
10
committees in writing of any changes to such procedures
11
at least 14 days prior to the adoption of any such changes.
12
‘‘(d) SENSITIVE ACTIVITY DEFINED.—In this sec-
13
tion, the term ‘sensitive activity’ means operations, ac-
14
tions, activities, or programs that, if compromised, could
15
have enduring adverse effects on United States foreign
16
policy, Department of Defense activities, or military oper-
17
ations, or cause significant embarrassment to the United
18
States, United States allies, or the Department of De-
19
fense.’’.
20
(b)
PROCESS
FOR
COORDINATING
AND
21
DECONFLICTING CONTRACTS.—Consistent with section
22
867 of the Servicemember Quality of Life Improvement
23
and National Defense Authorization Act for Fiscal Year
24
2025 (Public Law 118–159; 10 U.S.C. note prec. 4601),
25
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the Secretary of Defense shall establish a process for co-
1
ordinating and deconflicting contracts of the Department
2
of Defense that support or enable sensitive activities with
3
other departments and agencies of the Federal govern-
4
ment, as appropriate.
5
SEC. 1057. IRREGULAR WARFARE EXERCISE LABORATORY.
6
(a) IN GENERAL.—The Secretary of Defense may es-
7
tablish and maintain an Irregular Warfare Exercise Lab-
8
oratory to—
9
(1) support the training, experimentation, prep-
10
aration, and validation of the United States Armed
11
Forces to conduct full-spectrum irregular warfare
12
activities; and
13
(2) enable activities to build the capacity and
14
interoperability of the security forces of friendly for-
15
eign countries.
16
(b) AUTHORITIES.—In carrying out the activities au-
17
thorized under subsection (a), the Secretary may use the
18
authorities under chapter 16 of title 10, United States
19
Code, and other applicable statutory authorities available
20
to the Secretary of Defense.
21
SEC. 1058. SEMIANNUAL REPORT ON DEPARTMENT OF DE-
22
FENSE
OPERATIONS
AT
THE
SOUTHERN
23
LAND BORDER.
24
(a) REPORT.—
25
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(1) IN
GENERAL.—Not later than 180 days
1
after the date of the enactment of this Act, the Sec-
2
retary of Defense shall submit to the Committee on
3
Armed Services of the Senate and the Committee on
4
Armed Services of the House of Representatives a
5
report on operations at the southern land border.
6
(2) ELEMENTS.—The report required under
7
paragraph (1) shall include a detailed description
8
of—
9
(A) the Department of Defense’s efforts
10
with respect to—
11
(i) combating transnational organized
12
crime in the United States Northern Com-
13
mand and the United States Southern
14
Command areas of responsibility;
15
(ii) reducing the cross-border flow of
16
illicit synthetic drugs, including fentanyl,
17
fentanyl analogs, and fentanyl precursors;
18
and
19
(iii) reducing the cross-border illicit
20
trade of firearms and human trafficking;
21
(B) the Department of Defense’s steady-
22
state plan and posture on the southern land
23
border;
24
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(C) the Department of Defense’s assess-
1
ment of the operational and readiness impact
2
under the Department’s steady-state plan and
3
posture on the southern land border, and any
4
revisions of such plan and posture;
5
(D) each military installation and each De-
6
partment of Defense facility on or off the in-
7
stallation that is being used to support—
8
(i) the Department of Defense’s oper-
9
ations along the southern land border; or
10
(ii) the Department of Homeland Se-
11
curity or any of its components;
12
(E) the funding sources for the Depart-
13
ment of Defense’s current operations along the
14
southern land border;
15
(F) the Department of Defense’s use of
16
force policy and related training;
17
(G) the Department of Defense’s assess-
18
ment of its compliance with section 1385 of
19
title 18, United States Code (commonly known
20
as the ‘‘Posse Comitatus Act of 1878’’), in its
21
execution of—
22
(i) any efforts along the southern land
23
border; and
24
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(ii) any efforts in support of the De-
1
partment of Homeland Security; and
2
(H) any challenges the Department of De-
3
fense has faced in the execution of the efforts
4
described in subparagraphs (A) and (F).
5
(b) SEMIANNUAL UPDATES.—Not less frequently
6
than once every 180 days after submitting the report re-
7
quired under subsection (a) and during the effective period
8
of the national emergency declared by Proclamation
9
100886 (90 Fed. Reg. 8327; relating to a Declaration of
10
a National Emergency at the Southern Border of the
11
United States), Executive Order 14165 (90 Fed. Reg.
12
8467; relating to Security Our Borders), and Executive
13
Order 14167 (90 Fed. Reg. 8613; relating to Clarifying
14
the Military’s Role in Protecting the Territorial Integrity
15
of the United States), the Commander of the United
16
States Northern Command shall submit to the congres-
17
sional defense committees updates to the information in-
18
cluded in such report.
19
SEC. 1059. UNIVERSITY-BASED SECURE INNOVATION INCU-
20
BATOR PROGRAM OF DEPARTMENT OF DE-
21
FENSE.
22
(a) ESTABLISHMENT.—The Secretary of Defense
23
shall establish a program to develop, operate, and main-
24
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tain incubator programs for secure facilities and networks
1
at select universities across the United States—
2
(1) to accelerate the development and transition
3
of innovative technologies to meet national security
4
needs;
5
(2) to increase the availability of secure facili-
6
ties and networks for classified work at university lo-
7
cations;
8
(3) to foster collaboration between academic re-
9
searchers, private sector entities, and Department of
10
Defense personnel;
11
(4) to expand the pool of security-cleared tech-
12
nical talent available to support defense organiza-
13
tions and personnel in critical defense technology
14
areas; and
15
(5) to create regional innovation hubs that
16
strengthen the national security innovation base.
17
(b) PROGRAM ELEMENTS.—The program established
18
pursuant to subsection (a) shall include the following ele-
19
ments:
20
(1) FACILITY
REQUIREMENTS.—Each univer-
21
sity-based secure facility and network shall—
22
(A) meet all physical, technical, and per-
23
sonnel security requirements for handling clas-
24
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sified information up to the Top Secret or Sen-
1
sitive Compartmented Information level;
2
(B) be designed to accommodate diverse
3
use cases, including secure meetings, classified
4
research, and technology development activities;
5
(C) include collaborative workspaces appro-
6
priate for innovation activities; and
7
(D) leverage modern design principles to
8
maximize utilization and effectiveness.
9
(2) UNIVERSITY
SELECTION
CRITERIA.—The
10
Secretary shall select universities based on—
11
(A) the absence of a fully functional secure
12
facility and network on the university campus;
13
(B) demonstrated commitment to national
14
security-relevant research and development;
15
(C) existing relationships with the Depart-
16
ment of Defense;
17
(D) technical capabilities relevant to de-
18
fense innovation priorities;
19
(E) geographic distribution to ensure na-
20
tionwide access; and
21
(F) capacity to support the administrative
22
and security requirements of operating a secure
23
facility and network.
24
(3) ACCESS TO FACILITIES AND NETWORKS.—
25
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(A) ACCESS MODEL.—The Secretary shall
1
establish a flexible subscription-based system
2
for access to the university-based secure facili-
3
ties and networks, with—
4
(i) tiered access levels calibrated to
5
different user needs and security require-
6
ments;
7
(ii) pricing structures that may vary
8
based on organizational size, usage pat-
9
terns, and security clearance-processing
10
needs; and
11
(iii) priority access for Department
12
components
and
entities
working
on
13
projects sponsored by the Department.
14
(B) ACCESS
PROTOCOLS
AND
SECURITY
15
CLEARANCE REQUIREMENTS.—
16
(i) IN GENERAL.—Access to classified
17
information and secure facilities within the
18
program established pursuant to sub-
19
section (a) shall be strictly controlled and
20
granted consistent with Executive Order
21
12968 (50 U.S.C. 3161 note; relating to
22
access to classified information).
23
(ii) AUTHORIZED USERS.—Authorized
24
users of classified information and secure
25
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facilities within the program established
1
pursuant to subsection (a) may include—
2
(I) university faculty, staff, and
3
students;
4
(II) private sector entities, par-
5
ticularly
small
businesses
and
6
startups, that are participating in spe-
7
cific defense innovation programs;
8
(III) personnel and contractors of
9
the Department of Defense; and
10
(IV) personnel from other Fed-
11
eral agencies engaged in work related
12
to national security.
13
(c) IMPLEMENTATION.—
14
(1) PILOT PROGRAM.—In carrying out the pro-
15
gram required by subsection (a), the Secretary
16
shall—
17
(A) not later than 540 days after the date
18
of the enactment of this Act, establish an initial
19
pilot program with not fewer than three univer-
20
sity partners;
21
(B) ensure that at least one of the loca-
22
tions for the pilot program established pursuant
23
to subparagraph (A) is at a university located
24
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within 100 miles of the geographic center of the
1
United States;
2
(C) evaluate the effectiveness of the pilot
3
program established pursuant to subparagraph
4
(A) based on metrics, including utilization
5
rates, project outcomes, and participant feed-
6
back; and
7
(D) not more than 900 days after the date
8
of the enactment of this Act, submit to the con-
9
gressional defense committees a report on—
10
(i) the findings of the Secretary with
11
respect to the pilot program established
12
pursuant to subparagraph (A); and
13
(ii) such recommendations as the Sec-
14
retary may have for expanding the pilot
15
program.
16
(2) PROGRAM EXPANSION.—Subject to success-
17
ful evaluation of the pilot program established pur-
18
suant to paragraph (1)(A), the Secretary shall, not
19
later than four years after the date of the enactment
20
of this Act, expand the program required by sub-
21
section (a) to not fewer than 10 universities.
22
(d) COST-SHARING.—The Secretary may enter into
23
cost-sharing agreements or other appropriate agreements
24
with universities participating in the program established
25
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pursuant to subsection (a), other Federal departments and
1
agencies, State and local governments, Tribal govern-
2
ments, and private sector partners to support the estab-
3
lishment and operation of the secure facilities and net-
4
works under the program.
5
(e) ANNUAL REPORT.—
6
(1) IN
GENERAL.—Each year, the Secretary
7
shall submit to the congressional defense committees
8
an annual report on the program established pursu-
9
ant to subsection (a).
10
(2) CONTENTS.—Each report submitted pursu-
11
ant to paragraph (1) shall cover the following:
12
(A) Current locations and expansion plans.
13
(B) Utilization metrics and user demo-
14
graphics.
15
(C) Financial information, including fees
16
collected and program costs.
17
(D) Measurable outcomes from activities
18
conducted within the secure facilities and net-
19
works included in the program.
20
(E) Recommendations for legislative or ad-
21
ministrative action relating to the program.
22
(f) PROGRAM AND REPORT EXPIRATION.—The pro-
23
gram authorized under subsection (a) and the annual re-
24
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port requirement under subsection (e) shall terminate 10
1
years after the date of the enactment of this Act.
2
SEC.
1060.
PRIORITY
CONSIDERATION
OF
ENERGY
3
PROJECTS THAT ARE LIKELY TO EXPERI-
4
ENCE SIGNIFICANT TEMPORAL IMPACT DUE
5
TO SEASONAL ARCTIC CLIMATE CONDITIONS.
6
The Under Secretary of Defense for Acquisition and
7
Sustainment shall, to the maximum extent possible,
8
prioritize, for purposes of consideration by the Manufac-
9
turing Capability Expansion and Investment Prioritization
10
(MCEIP) office, the clearance of mining and energy
11
project applications and white papers for projects the op-
12
eration or completion of which is likely to experience sig-
13
nificant temporal impact due to seasonal Arctic climate
14
conditions.
15
SEC. 1061. NON-REIMBURSABLE SUPPORT FOR AFGHANI-
16
STAN WAR COMMISSION.
17
Section 1094(f)(2) of the Afghanistan War Commis-
18
sion Act of 2021 (Public Law 117–81; 135 Stat. 1938)
19
is amended by adding at the end the following new sub-
20
paragraph:
21
‘‘(D) SERVICES.—
22
‘‘(i) DOD SERVICES.—The Secretary
23
of Defense may provide to the Commission,
24
on a nonreimbursable basis, such adminis-
25
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trative services, funds, staff, facilities, and
1
other support services as are necessary for
2
the performance of the Commission’s du-
3
ties under this section.
4
‘‘(ii) OTHER AGENCIES.—In addition
5
to any support provided under clause (i),
6
the heads of other Federal departments
7
and agencies may provide to the Commis-
8
sion such services, funds, facilities, staff,
9
and other support as the heads of such de-
10
partments and agencies determine advis-
11
able and as may be authorized by law.’’.
12
SEC. 1062. CONTRACTING AUTHORITY FOR AFGHANISTAN
13
WAR COMMISSION.
14
Section 1094(g) of the Afghanistan War Commission
15
Act of 2021 (Public Law 117–81; 135 Stat. 1938) is
16
amended by adding at the end the following new para-
17
graph:
18
‘‘(7) CONTRACTING.—The Co-Chairpersons of
19
the Commission may, to such extent and in such
20
amounts as are provided in appropriation Acts, enter
21
into contracts to enable the Commission to discharge
22
its duties under this section.’’.
23
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SEC. 1063. COMMISSION ON THE NATIONAL DEFENSE
1
STRATEGY.
2
(a) ESTABLISHMENT.—
3
(1) IN GENERAL.—There is established as of
4
January 5, 2026, an independent commission in the
5
legislative branch to be known as the ‘‘Commission
6
on the National Defense Strategy’’ (in this section
7
referred to as the ‘‘Commission’’).
8
(2) PURPOSE.—The purpose of the Commission
9
is to examine and make recommendations with re-
10
spect to the national defense strategy of the United
11
States.
12
(3) SCOPE AND DUTIES.—In order to provide
13
the fullest understanding of the national defense
14
strategy the Commission shall perform the following
15
duties:
16
(A) NATIONAL
DEFENSE
STRATEGY
RE-
17
VIEW.—The Commission shall review the most
18
recent national defense strategy of the United
19
States including the assumptions, strategic ob-
20
jectives, priority missions, major investments in
21
defense capabilities, force posture and struc-
22
ture, operational concepts, and strategic and
23
military risks associated with the strategy.
24
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(B) ASSESSMENT.—The Commission shall
1
conduct a comprehensive assessment of the
2
strategic environment, including—
3
(i) United States interests;
4
(ii) the threats to the national secu-
5
rity of the United States, including both
6
traditional and non-traditional threats;
7
(iii) the size and shape of the force;
8
(iv) the readiness of the force;
9
(v) the posture, structure, and capa-
10
bilities of the force;
11
(vi) allocation of resources; and
12
(vii) the strategic and military risks
13
present in the national defense strategy.
14
(4) COMMISSION REPORT AND RECOMMENDA-
15
TIONS.—
16
(A) REPORT.—
17
(i) IN GENERAL.—Not later than one
18
year after the date of establishment of the
19
Commission, the Commission shall trans-
20
mit to the President and Congress a report
21
containing the review and assessment con-
22
ducted under paragraph (3), together with
23
any recommendations of the Commission.
24
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(ii) CONTENTS.—The report required
1
by clause (i) shall include the following ele-
2
ments:
3
(I) An appraisal of the strategic
4
environment, including an examina-
5
tion of the traditional and non-tradi-
6
tional threats to the United States,
7
and the potential for conflicts arising
8
from such threats and security chal-
9
lenges.
10
(II) An evaluation of the stra-
11
tegic objectives of the Department of
12
Defense for near-peer competition in
13
support of the national security inter-
14
ests of the United States.
15
(III) A review of the military
16
missions for which the Department of
17
Defense should prepare, including
18
missions that support the interagency
19
and a whole-of-government strategy.
20
(IV) An identification of any
21
gaps or redundancies in the roles and
22
missions assigned to the Armed
23
Forces necessary to carry out military
24
missions identified in subclause (III),
25
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and the roles and capabilities provided
1
by other Federal agencies and by al-
2
lies and international partners.
3
(V) An assessment of how the
4
national defense strategy leverages
5
other elements of national power
6
across the interagency to counter
7
near-peer competitors.
8
(VI) An evaluation of the re-
9
sources necessary to support the
10
strategy,
including
budget
rec-
11
ommendations.
12
(VII) An examination of the ef-
13
forts by the Department of Defense to
14
develop new and innovative oper-
15
ational concepts to enable the United
16
States to more effectively counter
17
near-peer competitors.
18
(VIII) An analysis of the force
19
planning construct, including—
20
(aa) the size and shape of
21
the force;
22
(bb) the posture, structure,
23
and capabilities of the force;
24
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(cc) the readiness of the
1
force;
2
(dd) infrastructure and or-
3
ganizational adjustments to the
4
force;
5
(ee) modifications to per-
6
sonnel requirements, including
7
professional military education;
8
and
9
(ff) other elements of the de-
10
fense program necessary to sup-
11
port the strategy.
12
(IX) An assessment of the risks
13
associated with the strategy, including
14
the relationships and tradeoffs be-
15
tween missions, risks, and resources.
16
(X) Any other elements the Com-
17
mission considers appropriate.
18
(B) BRIEFINGS.—
19
(i) IN GENERAL.—Not later than 180
20
days after the date of the establishment of
21
the Commission, the Commission shall pro-
22
vide to the Committees on Armed Services
23
of the Senate and the House of Represent-
24
atives a briefing on the status of the review
25
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and assessment required by paragraph (3),
1
including a discussion of any interim rec-
2
ommendations.
3
(ii) INTERIM BRIEFINGS.—At the re-
4
quest of the Chair and Ranking Member of
5
the Committee on Armed Services of the
6
Senate, or the Chair and Ranking Member
7
of the Committee on Armed Services of the
8
House of Representatives, the Commission
9
shall provide the requesting Committee
10
with interim briefings in addition to the
11
briefing required by clause (i).
12
(5) POWERS OF COMMISSION.—
13
(A) HEARINGS.—The Commission may
14
hold such hearings, sit and act at such times
15
and places, take such testimony, and receive
16
such evidence as the Commission considers ad-
17
visable to carry out its duties under this sec-
18
tion.
19
(B) INFORMATION FROM FEDERAL AGEN-
20
CIES.—The Commission may secure directly
21
from any Federal department or agency such
22
information as the Commission considers nec-
23
essary to carry out its duties under this section.
24
Upon request of the Chair of the Commission,
25
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the head of such department or agency shall
1
furnish such information to the Commission.
2
(C) USE OF POSTAL SERVICE.—The Com-
3
mission may use the United States mails in the
4
same manner and under the same conditions as
5
other departments and agencies of the Federal
6
Government.
7
(D) AUTHORITY TO ACCEPT GIFTS.—
8
(i) IN
GENERAL.—The Commission
9
may accept, use, and dispose of gifts or do-
10
nations of services, goods, and property
11
from non-Federal entities for the purposes
12
of aiding and facilitating the work of the
13
Commission. The authority under this
14
paragraph does not extend to gifts of
15
money.
16
(ii) DOCUMENTATION; CONFLICTS OF
17
INTEREST.—The Commission shall docu-
18
ment gifts accepted under the authority
19
provided by clause (i) and shall avoid con-
20
flicts of interest or the appearance of con-
21
flicts of interest.
22
(iii) COMPLIANCE
WITH
CONGRES-
23
SIONAL ETHICS RULES.—Except as specifi-
24
cally provided in this section, a member of
25
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the Commission shall comply with rules set
1
forth by the Select Committee on Ethics of
2
the Senate and the Committee on Ethics of
3
the House of Representatives governing
4
employees of the Senate and the House of
5
Representatives, respectively.
6
(6) REPORT REQUIRED.—Not later than Feb-
7
ruary 5, 2027, the Commission shall submit to the
8
Committees on Armed Services of the Senate and
9
House of Representatives an unclassified report,
10
with classified annexes if necessary, that includes
11
the findings and conclusions of the Commission as
12
a result of the studies required under this section,
13
together with its recommendations for such legisla-
14
tive actions as the Commission considers appropriate
15
in light of the results of the studies.
16
(b) MEMBERSHIP.—
17
(1) COMPOSITION.—The Commission shall be
18
composed of 8 members, of whom—
19
(A) one shall be appointed by the Speaker
20
of the House of Representatives;
21
(B) one shall be appointed by the Minority
22
Leader of the House of Representatives;
23
(C) one shall be appointed by the Majority
24
Leader of the Senate;
25
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(D) one shall be appointed by the Minority
1
Leader of the Senate;
2
(E) one shall be appointed by the Chair-
3
man of the Committee on Armed Services of
4
the Senate;
5
(F) one shall be appointed by the Ranking
6
Member of the Committee on Armed Services of
7
the Senate;
8
(G) one shall be appointed by the Chair-
9
man of the Committee on Armed Services of
10
the House of Representatives; and
11
(H) one shall be appointed by the Ranking
12
Member of the Committee on Armed Services of
13
the House of Representatives.
14
(2) CHAIR AND VICE CHAIR.—
15
(A) CHAIR.—The Chair of the Committee
16
on Armed Services of the Senate and the Chair
17
of the Committee on Armed Services of the
18
House of Representatives, with the concurrence
19
of the Majority Leader of the Senate and the
20
Speaker of the House of Representatives, shall
21
jointly designate 1 member of the Commission
22
to serve as Chair of the Commission.
23
(B) VICE CHAIR.—The Ranking Member
24
of the Committee on Armed Services of the
25
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Senate and the Ranking Member of the Com-
1
mittee on Armed Services of the House of Rep-
2
resentatives, with the concurrence of the Minor-
3
ity Leader of the Senate and the Minority
4
Leader of the House of Representatives, shall
5
jointly designate 1 member of the Commission
6
to serve as Vice Chair of the Commission.
7
(3) APPOINTMENTS.—
8
(A) APPOINTMENT DATE.—Members shall
9
be appointed to the Commission under para-
10
graph (1) by not later than 30 days after the
11
date of the establishment of the Commission.
12
(B) NOTIFICATIONS.—Individuals making
13
appointments under paragraph (1) shall provide
14
notice of the appointments to the Secretary of
15
Defense (in this section referred to as the ‘‘Sec-
16
retary’’), the Chairman of the Committee on
17
Armed Services of the Senate, and the Chair-
18
man of the Committee on Armed Services of
19
the House of Representatives.
20
(C) EFFECT OF NON-APPOINTMENT.—
21
(i) IN GENERAL.—If an appointment
22
under this subsection is not made by the
23
date specified under paragraph (3)(A), the
24
authority to make such appointment shall
25
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devolve to a member of Congress of the
1
same party and same chamber eligible to
2
appoint under this subsection.
3
(ii) EXPIRATION
OF
APPOINTMENT
4
AUTHORITY.—If an appointment is not
5
made within 60 days of establishment, the
6
authority to make such appointment shall
7
expire.
8
(D) RESTRICTION ON APPOINTMENT.—Of-
9
ficers or employees of the Federal Government
10
(other than experts or consultants the services
11
of which are procured under section 3109 of
12
title 5, United States Code) may not be ap-
13
pointed as members of the Commission.
14
(E) RESTRICTION ON MEMBERS OF CON-
15
GRESS.—Members of Congress may not serve
16
on the Commission.
17
(4) PERIOD OF APPOINTMENT; VACANCIES; RE-
18
MOVAL OF MEMBERS.—
19
(A) APPOINTMENT
DURATION.—Members
20
shall be appointed for the life of the Commis-
21
sion.
22
(B) VACANCIES.—Any vacancy in the
23
Commission shall not affect its powers, but
24
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shall be filled in the same manner as the origi-
1
nal appointment.
2
(C) REMOVAL OF MEMBERS.—A member
3
may be removed from the Commission for cause
4
by the individual serving in the position respon-
5
sible for the original appointment of such mem-
6
ber under subsection (b)(1), provided that no-
7
tice has first been provided to such member of
8
the cause for removal and voted and agreed
9
upon by three quarters of the members serving.
10
A vacancy created by the removal of a member
11
under this subsection shall not affect the pow-
12
ers of the Commission, and shall be filled in the
13
same manner as the original appointment was
14
made.
15
(5) QUORUM.—.A majority of the members
16
serving on the Commission shall constitute a
17
quorum.
18
(6) INITIAL MEETING.—Not later than 30 days
19
after the date on which all members of the Commis-
20
sion have been appointed as published in the Con-
21
gressional Record, the Commission shall hold its ini-
22
tial meeting.
23
(c) PERSONNEL MATTERS.—
24
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(1) STATUS
AS
FEDERAL
EMPLOYEES.—Not-
1
withstanding the requirements of section 2105 of
2
title 5, United States Code, including the required
3
supervision under subsection (a)(3) of such section,
4
members of the Commission shall be deemed to be
5
Federal employees in the legislative branch subject
6
to all the laws and policies applicable to legislative
7
branch employees.
8
(2) OATH
OF
OFFICE.—Notwithstanding the
9
provision of section 2903(b) of title 5, United States
10
Code, an employee of an Executive Branch agency,
11
otherwise authorized to administer oaths under sec-
12
tion 2903 of title 5, United States Code, may ad-
13
minister the oath of office to Commissioners for the
14
purpose of their service to the Commission.
15
(3) SECURITY CLEARANCES.—The appropriate
16
Federal departments or agencies shall cooperate
17
with the Commission in expeditiously providing to
18
the Commission members and staff appropriate se-
19
curity clearances to the extent possible pursuant to
20
existing procedures and requirements, except that no
21
person may be provided with access to classified in-
22
formation under this Act without the appropriate se-
23
curity clearances.
24
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(4) PAY FOR MEMBERS.—Each member of the
1
Commission may be compensated at a rate not to
2
exceed the daily equivalent of the annual rate of
3
basic pay payable for level IV of the Executive
4
Schedule under section 5315 of title 5, United
5
States Code, for each day (including travel time)
6
during which such member is engaged in the per-
7
formance of the duties of the Commission. All mem-
8
bers of the Commission who are officers or employ-
9
ees of the United States shall serve without com-
10
pensation additional to that received for their serv-
11
ices as officers or employees of the United States.
12
(5) STAFF.—
13
(A) EXECUTIVE DIRECTOR.—The Chair of
14
the Commission may appoint and fix the rate of
15
basic pay for an Executive Director in accord-
16
ance with section 3161 of title 5, United States
17
Code.
18
(B) COMMISSION
STAFF.—The Executive
19
Director may appoint and fix the rate of basic
20
pay for additional personnel as staff of the
21
Commission in accordance with section 3161 of
22
title 5, United States Code.
23
(C) DETAILEES AUTHORIZED.—On a reim-
24
bursable or non-reimbursable basis, the heads
25
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of departments and agencies of the Federal
1
Government may provide, and the Commission
2
may accept personnel detailed from such de-
3
partments and agencies, including active-duty
4
military personnel.
5
(D) TRAVEL
EXPENSES.—The members
6
and staff of the Commission shall be allowed
7
travel expenses, including per diem in lieu of
8
subsistence, at rates authorized for employees
9
of agencies under subchapter I of chapter 57 of
10
title 5, United States Code, while away from
11
their homes or regular places of business in the
12
performance of services for the Commission.
13
(d) SUPPORT.—
14
(1) ASSISTANCE
FROM
DEPARTMENT
OF
DE-
15
FENSE.—
16
(A) IN GENERAL.—Of the amounts author-
17
ized to be appropriated for the Department of
18
Defense for support of the Commission, the
19
Secretary may make transfers to the Commis-
20
sion for Commission expenses, including com-
21
pensation of Commission members, officers, and
22
employees, and provision of other such services,
23
funds, facilities, and other support services as
24
necessary for the performance of the Commis-
25
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sion’s functions. Funds made available to sup-
1
port and provide assistance to the Commission
2
may be used for payment of compensation of
3
members, officers, and employees of the Com-
4
mission without transfer under this subpara-
5
graph. Amounts transferred under this sub-
6
paragraph shall remain available until ex-
7
pended. Transfer authority provided by this
8
subparagraph is in addition to any other trans-
9
fer authority provided by law. Section 2215 of
10
title 10, United States Code, shall not apply to
11
a transfer of funds under this subparagraph.
12
(B) TREASURY ACCOUNT AUTHORIZED.—
13
The Secretary of the Treasury may establish an
14
account or accounts for the Commission from
15
which any amounts transferred under this
16
clause may be used for activities of the Com-
17
mission.
18
(2) LIAISON.—The Secretary shall designate at
19
least one officer or employee of the Department of
20
Defense to serve as a liaison officer between the De-
21
partment and the Commission.
22
(3) ADDITIONAL SUPPORT.—To the extent that
23
funds are available for such purpose, or on a reim-
24
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bursable basis, the Secretary may, at the request of
1
the Chair of the Commission—
2
(A) enter into contracts for the acquisition
3
of administrative supplies and equipment for
4
use by the Commission; and
5
(B) make available the services of a Fed-
6
eral funded research and development center or
7
an independent, nongovernmental organization,
8
described under section 501(c)(3) of the Inter-
9
nal Revenue Code of 1986 and exempt from
10
taxation under section 501(a) of such Code.
11
(4) PRELIMINARY
ADMINISTRATIVE
SUPPORT
12
AUTHORIZED.—Upon the appointment of the Chair
13
and Vice Chair under subsection (b), the Secretary
14
may provide administrative support authorized
15
under this section necessary to facilitate the stand-
16
ing up of the Commission.
17
(e) TERMINATION OF COMMISSION.—The Commis-
18
sion shall terminate 90 days after the submission of the
19
report required by subsection (a).
20
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SEC. 1064. PROVISION BY AIR FORCE OF METEOROLOGICAL
1
AND ENVIRONMENTAL SERVICES FOR INTEL-
2
LIGENCE COMMUNITY.
3
(a) IN GENERAL.—The Secretary of the Air Force
4
shall provide meteorological and environmental services for
5
operations of the intelligence community.
6
(b) INTELLIGENCE COMMUNITY DEFINED.—In this
7
section, the term ‘‘intelligence community’’ has the mean-
8
ing given that term in section 3 of the National Security
9
Act of 1947 (50 U.S.C. 3003).
10
SEC. 1065. EXPANSION OF INDIVIDUAL LONGITUDINAL EX-
11
POSURE RECORD.
12
(a) ALL EXPOSURES.—The Secretary of Defense
13
shall expand the Individual Longitudinal Exposure Record
14
(in this section referred to as ‘‘ILER’’) to document all
15
exposures of members of the Armed Forces, including
16
those that occur within the United States, so it can be
17
available for the Secretary of Veterans Affairs when such
18
members transition to civilian life, including the following:
19
(1) All-hazard occupational data.
20
(2) Environmental hazards that were known or
21
found later to which the member was exposed, in-
22
cluding through conducting any monitoring in the
23
area.
24
(b) MEDICAL INFORMATION.—The Secretary of De-
25
fense shall expand the ILER to include the following med-
26
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ical information of members of the Armed Forces so it
1
can be available for the Secretary of Veterans Affairs
2
when such members transition to civilian life:
3
(1) Medical encounter information relating to
4
exposures (such as diagnosis, treatment, and labora-
5
tory data).
6
(2) Medical concerns that should be addressed
7
regarding possible exposures.
8
(c) AVAILABILITY TO CERTAIN PROFESSIONALS.—
9
The Secretary of Defense shall ensure that the ILER is
10
available, for purposes of improving internal processes, to
11
the following:
12
(1) Health care providers of the Department of
13
Defense and the Department of Veterans Affairs.
14
(2) Epidemiologists and researchers of the De-
15
partment of Defense and the Department of Vet-
16
erans Affairs.
17
(3) Disability evaluation and benefits deter-
18
minations specialists of the Department of Veterans
19
Affairs.
20
(d) INCLUSION IN SERVICE RECORDS.—
21
(1) IN
GENERAL.—The Secretary of Defense
22
shall document in the service records of a member
23
of the Armed Forces whether such member served at
24
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a location where there was a potential of toxic expo-
1
sure.
2
(2) PROTECTION
OF
CLASSIFIED
INFORMA-
3
TION.—In carrying out paragraph (1), the Secretary
4
of Defense shall ensure that service at any location
5
that is classified is protected from disclosure.
6
SEC. 1066. CLASSIFICATION OF NEVADA TEST AND TRAIN-
7
ING RANGE AS LOCATION WHERE CONTAMI-
8
NATION OCCURRED AND MEMBERS OF THE
9
ARMED FORCES WERE EXPOSED TO TOXIC
10
SUBSTANCES.
11
(a) IN GENERAL.—The Secretary of Defense shall
12
classify the Nevada Test and Training Range as a location
13
where contamination occurred.
14
(b) IDENTIFICATION PROCESS.—
15
(1) IN
GENERAL.—The Secretary of the Air
16
Force shall establish a process to identify members
17
of the Armed Forces and former members of the
18
Armed Forces that were stationed at the Nevada
19
Test and Training Range since January 27, 1951.
20
(2) DOCUMENTATION.—The Secretary of the
21
Air Force shall establish a process to permit mem-
22
bers of the Armed Forces and former members of
23
the Armed Forces to provide documentation or evi-
24
dence of their assignment within the Nevada Test
25
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and Training Range to assist the Secretary in iden-
1
tifying those members and former members under
2
paragraph (1).
3
(3) EFFORTS.—The Secretary of the Air Force
4
shall make all efforts to identify individuals de-
5
scribed in paragraph (1) and shall not require mem-
6
bers of the Armed Forces or former members of the
7
Armed Forces to submit evidence of their stationing.
8
Subtitle G—Defense Workforce
9
Integration
10
SEC. 1081. INTEGRATION OF MILITARY AND CIVILIAN HIR-
11
ING PROCESSES.
12
(a) IN GENERAL.—Not later than one year after the
13
date of the enactment of this Act, the Secretary of De-
14
fense, in coordination with the Secretaries concerned shall
15
establish a pathway for medically disqualified entry-level
16
service members to enter civilian positions for which they
17
are qualified in the Department of Defense or any of its
18
components.
19
(b) AIR FORCE DRIVE PROGRAM.—The Air Force’s
20
Develop, Redistribute, Improve, Vault, Expose (DRIVE)
21
program shall be considered sufficient to meet the require-
22
ments of subsection (a) and may, but need not, serve as
23
a baseline from which the other military departments de-
24
sign their programs.
25
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(c) ENTRY-LEVEL SERVICE MEMBER DEFINED.—In
1
this section, the term ‘‘entry-level service member’’ means
2
a regular or reserve member of the Armed Forces who
3
is currently attending or has military orders to attend
4
within 90 days—
5
(1) basic training;
6
(2) a technical school of the Armed Forces;
7
(3) a service academy;
8
(4)
the
Reserve
Officer
Training
Corps
9
(ROTC);
10
(5) an officer accession program, including offi-
11
cer candidate school, officer training school, officer
12
development school, or equivalent program.
13
SEC. 1082. PROVISION OF INFORMATION ON CAREER OP-
14
PORTUNITIES IN THE DEFENSE INDUSTRIAL
15
BASE TO PERSONS INELIGIBLE FOR MILI-
16
TARY SERVICE.
17
Chapter 50 of title 10, United States Code, is amend-
18
ed by adding at the end the following new section:
19
‘‘§ 996. Provision of information on career opportuni-
20
ties in the defense industrial base to per-
21
sons medically disqualified for military
22
service
23
‘‘(a) ESTABLISHMENT.—The Secretary of Defense
24
shall establish and implement a program to provide indi-
25
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viduals who are not medically qualified for military service
1
with information on employment opportunities in the de-
2
fense industrial base or other employment opportunities
3
in support of the national interests of the United States.
4
‘‘(b) PROGRAM.—The program established under
5
subsection (a) shall inform and refer persons described in
6
subsection (a) to employment, apprenticeship, and train-
7
ing opportunities in—
8
‘‘(1) the defense industrial base;
9
‘‘(2) cybersecurity or intelligence support roles;
10
‘‘(3) research and development in defense tech-
11
nologies;
12
‘‘(4) national emergency and disaster prepared-
13
ness; or
14
‘‘(5) any other non-military opportunity the
15
Secretary considers in the national interests of the
16
United States.
17
‘‘(c) COLLABORATION.—The Secretary of Defense
18
shall consult with entities in the defense industrial base,
19
other Federal agencies, and academic institutions to carry
20
out this section.’’.
21
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SEC. 1083. PROVISION TO NAVY PERSONNEL OF INFORMA-
1
TION ON CAREER OPPORTUNITIES AT MILI-
2
TARY SEALIFT COMMAND.
3
The Secretary of the Navy shall provide information
4
about career opportunities at Military Sealift Command
5
and workforce training programs for shipbuilders to Navy
6
personnel.
7
SEC. 1084. REPORT ON DEFENSE WORKFORCE INTEGRA-
8
TION.
9
Not later than one year after the date of the enact-
10
ment of this Act, the Secretary of Defense shall submit
11
to the Committees on Armed Services of the Senate and
12
the House of Representatives a report describing imple-
13
mentation of the requirements under this subtitle.
14
TITLE XI—CIVILIAN PERSONNEL
15
MATTERS
16
SEC. 1101. EDUCATIONAL TRAVEL AUTHORITY FOR DE-
17
PENDENTS OF CERTAIN EMPLOYEES.
18
(a) IN GENERAL.—Notwithstanding section 1599b of
19
title 10, United States Code, the Secretary of Defense
20
shall direct the Director of the Defense Travel Manage-
21
ment Office to update the Joint Travel Regulations, not
22
later than February 1, 2026, to authorize educational
23
travel for a dependent of a covered employee without re-
24
gard to whether the Federal agency responsible for the
25
employment of the covered employee anticipates that the
26
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covered employee will, during the 30-day period following
1
the scheduled date of the dependent’s departure for the
2
travel, be transferred to a location in the United States
3
or travel to the United States for home leave.
4
(b) BRIEFINGS REQUIRED.—
5
(1) INITIAL
BRIEFING.—Not later than Feb-
6
ruary 1, 2026, the Secretary shall brief the Commit-
7
tees on Armed Services of the Senate and the House
8
of Representatives on the update to the Joint Travel
9
Regulations required by subsection (a).
10
(2) SUBSEQUENT BRIEFINGS.—Not later than
11
one year after providing the briefing required by
12
paragraph (1) and annually thereafter until Feb-
13
ruary 1, 2029, the Secretary shall brief the Commit-
14
tees on Armed Services of the Senate and the House
15
of Representatives on the use of the authority de-
16
scribed in subsection (a) and the cost to the Federal
17
Government of the use of that authority.
18
(c) COVERED EMPLOYEE DEFINED.—In this section,
19
the term ‘‘covered employee’’ means an employee of the
20
Department of Defense Education Activity assigned to
21
United States Naval Station, Guantanamo Bay, Cuba.
22
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SEC. 1102. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE
1
ANNUAL LIMITATION ON PREMIUM PAY AND
2
AGGREGATE LIMITATION ON PAY FOR FED-
3
ERAL CIVILIAN EMPLOYEES WORKING OVER-
4
SEAS.
5
Subsection (a) of section 1101 of the Duncan Hunter
6
National Defense Authorization Act for Fiscal Year 2009
7
(Public Law 110–417; 122 Stat. 4615), as most recently
8
amended by section 1104 of the Servicemember Quality
9
of Life Improvement and National Defense Authorization
10
Act for Fiscal Year 2025 (Public Law 118–159), is fur-
11
ther amended by striking ‘‘through 2025’’ and inserting
12
‘‘through 2026’’.
13
SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR-
14
ITY TO GRANT ALLOWANCES, BENEFITS, AND
15
GRATUITIES TO CIVILIAN PERSONNEL ON OF-
16
FICIAL DUTY IN A COMBAT ZONE.
17
Paragraph (2) of section 1603(a) of the Emergency
18
Supplemental Appropriations Act for Defense, the Global
19
War on Terror, and Hurricane Recovery, 2006 (Public
20
Law 109–234; 120 Stat. 443), as added by section 1102
21
of the Duncan Hunter National Defense Authorization
22
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat.
23
4616) and as most recently amended by section 1105 of
24
the Servicemember Quality of Life Improvement and Na-
25
tional Defense Authorization Act for Fiscal Year 2025
26
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(Public Law 118–159), is further amended by striking
1
‘‘2026’’ and inserting ‘‘2027’’.
2
SEC. 1104. MODIFICATIONS TO DEFENSE CIVILIAN TRAIN-
3
ING CORPS.
4
Section 2200h of title 10, United States Code, is
5
amended—
6
(1) in paragraph (8), by inserting ‘‘, in accord-
7
ance with subsection (b)’’ before the period;
8
(2) by striking ‘‘In establishing’’ and inserting
9
the following:
10
‘‘(a) IN GENERAL.—In establishing’’; and
11
(3) by adding at the end the following new sub-
12
section:
13
‘‘(b) HIRING AUTHORITY.—
14
‘‘(1) STUDENTS.—The head of a Department of
15
Defense organization that partners with the program
16
may, without regard to the provisions of subchapter
17
I of chapter 33 of title 5, noncompetitively appoint
18
a member of the program to a position in such orga-
19
nization for a term of one year, renewable for not
20
more than a total of four one-year terms.
21
‘‘(2) GRADUATES.—
22
‘‘(A) IN GENERAL.—The head of an orga-
23
nization described in paragraph (1) may—
24
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‘‘(i) renew the appointment a success-
1
ful graduate of the program serving a one-
2
year term under such paragraph until such
3
graduate is appointed to a permanent posi-
4
tion in such organization, except that the
5
appointment may not be renewed for more
6
than a total of four one-year terms; and
7
‘‘(ii) noncompetitively appoint the
8
graduate from a one-year term appoint-
9
ment renewed under clause (i) into a va-
10
cant position in the competitive or excepted
11
service of the Department.
12
‘‘(B) LEVEL.—The position of a graduate
13
in a term or permanent position described in
14
subparagraph (A) shall be at the level of GS–
15
9 of the General Schedule or an equivalent level
16
for which the participant is qualified, without
17
regard to any minimum time-in-grade or time-
18
based experience requirements.
19
‘‘(C) LIMIT.—The authority under this
20
section may not be used for more than 60 grad-
21
uates of the program in any calendar year.
22
‘‘(3) SUNSET.—The authority under this sub-
23
section shall terminate on December 31, 2029.
24
‘‘(4) REPORTS.—
25
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‘‘(A) IN GENERAL.—Not later than Janu-
1
ary 31, 2026, and annually thereafter until
2
January 31, 2030, the Secretary of Defense
3
shall submit to the appropriate congressional
4
committees a report on the use of the authority
5
under this subsection.
6
‘‘(B) ELEMENTS.—Each report required
7
by subparagraph (A) shall include the following:
8
‘‘(i) The number of graduates of the
9
program for which the authority under this
10
section was used in the prior year.
11
‘‘(ii) An identification of the Depart-
12
ment of Defense organizations that used
13
the authority to appoint graduates of the
14
program under paragraph (2)(ii).
15
‘‘(C) APPROPRIATE CONGRESSIONAL COM-
16
MITTEES DEFINED.—In this section, the term
17
‘appropriate congressional committees’ means—
18
‘‘(i) the Committee on Armed Services
19
and the Committee on Homeland Security
20
and Governmental Affairs of the Senate;
21
and
22
‘‘(ii) the Committee on Armed Serv-
23
ices and the Committee on Oversight and
24
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Government Reform of the House of Rep-
1
resentatives.’’.
2
SEC. 1105. MODIFICATIONS TO REQUIREMENTS FOR THE
3
PRESIDENT OF THE DEFENSE ACQUISITION
4
UNIVERSITY.
5
Section 1746(e)(3) of title 10, United States Code,
6
is amended by striking ‘‘term’’ each place it appears and
7
inserting ‘‘tenure’’.
8
SEC. 1106. MODIFICATION OF DIRECT HIRE AUTHORITY
9
FOR DOMESTIC DEFENSE INDUSTRIAL BASE
10
FACILITIES.
11
(a) IN GENERAL.—Section 1125(a) of the National
12
Defense Authorization Act for Fiscal Year 2017 (10
13
U.S.C. 1580 note prec.) is amended by inserting ‘‘, includ-
14
ing to Navy Supervisor of Shipbuilding, Conversion, and
15
Repair positions’’ after ‘‘Facilities Base’’.
16
(b) ANNUAL REPORT.—At the end of each fiscal
17
year, the Secretary of the Navy shall submit to the rel-
18
evant congressional committees a report that includes the
19
following elements:
20
(1) The number of Navy Supervisor of Ship-
21
building, Conversion, and Repair positions filled in
22
comparison to the previous fiscal year.
23
(2) The extent to which direct hire authority
24
has affected recruitment and retention for Navy Su-
25
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pervisor of Shipbuilding, Conversion, and Repair po-
1
sitions.
2
(3) Other data and information related to the
3
hiring process for the Navy Supervisor of Ship-
4
building, Conversion, and Repair that the Secretary
5
of the Navy considers appropriate.
6
(c) RELEVANT CONGRESSIONAL COMMITTEES DE-
7
FINED.—In this section, the term ‘‘relevant congressional
8
committees’’ means—
9
(1) the Committee on Armed Services and the
10
Committee on Homeland Security and Governmental
11
Affairs of the Senate; and
12
(2) the Committee on Armed Services and the
13
Committee on Oversight and Government Reform of
14
the House of Representatives.
15
SEC. 1107. CYBER WORKFORCE RECRUITMENT AND RETEN-
16
TION.
17
(a) IN GENERAL.—Section 1599f of title 10, United
18
States Code, is amended to read as follows:
19
‘‘§ 1599f. Cyber workforce recruitment and retention
20
‘‘(a) GENERAL AUTHORITY.—
21
‘‘(1) IN GENERAL.—The Secretary of Defense
22
may—
23
‘‘(A) establish, as positions in the excepted
24
service, such qualified positions in the Depart-
25
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ment of Defense as the Secretary considers nec-
1
essary to carry out the cyber mission of the De-
2
partment and are not in the Defense Civilian
3
Intelligence Personnel System, including—
4
‘‘(i) positions in the Defense Digital
5
Executive Service established under sub-
6
section (c); and
7
‘‘(ii) Defense Digital Senior Level po-
8
sitions designated under subsection (d);
9
‘‘(B) carry out a program of personnel
10
management authority provided in subsection
11
(b) in order to facilitate recruitment of eminent
12
experts in cyber for the Department; and
13
‘‘(C) implement an interagency transfer
14
agreement between qualified positions in the ex-
15
cepted service established under this section
16
and positions in the competitive service in the
17
Department, including the military depart-
18
ments.
19
‘‘(2) APPLICABILITY.—Unless explicitly pro-
20
vided otherwise by law, the authority of the Sec-
21
retary under this section applies without regard to
22
any other provision of law relating to the appoint-
23
ment, number, classification, or compensation of em-
24
ployees that the Secretary determines is incompat-
25
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ible with the approach to talent management under
1
this section.
2
‘‘(b) PERSONNEL MANAGEMENT AUTHORITY.—
3
‘‘(1) IN GENERAL.—The Secretary may—
4
‘‘(A) without regard to any provision of
5
title 5 governing the appointment of employees
6
in the civil service, appoint individuals to quali-
7
fied positions established under subsection
8
(a)(1); and
9
‘‘(B) subject to paragraphs (2) and (3), fix
10
the compensation of employees appointed under
11
subparagraph (A).
12
‘‘(2) RATES OF BASIC PAY.—The Secretary—
13
‘‘(A) shall fix the rates of basic pay for
14
employees appointed under paragraph (1)(A)—
15
‘‘(i) with the rates of pay provided for
16
employees in comparable positions in the
17
Federal Government; and
18
‘‘(ii) subject to the same limitations
19
on maximum rates of pay established for
20
such employees by statute or regulation;
21
and
22
‘‘(B) may prescribe the rates of basic pay
23
for employees appointed under paragraph
24
(1)(A) at rates not in excess of a rate equal to
25
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150 percent of the maximum rate of basic pay
1
authorized for positions at Level I of the Exec-
2
utive Schedule under section 5312 of title 5.
3
‘‘(3) ADDITIONAL COMPENSATION.—
4
‘‘(A) IN
GENERAL.—Subject to subpara-
5
graph (C), the Secretary may, with respect to
6
an employee appointed under paragraph (1)(A),
7
other than such an employee receiving the max-
8
imum rate of basic pay prescribed under para-
9
graph (2)(B), provide the employee compensa-
10
tion (in addition to basic pay), including pay-
11
ments, benefits, sabbaticals, incentives, awards,
12
and allowances—
13
‘‘(i) in accordance with relevant provi-
14
sions of other laws, including provisions of
15
title 5;
16
‘‘(ii) consistent with, and not in excess
17
of the level authorized for, comparable po-
18
sitions in the Federal Government; and
19
‘‘(iii) to the extent compatible with
20
the approach to talent management under
21
this section.
22
‘‘(B) ALLOWANCES.—An employee ap-
23
pointed under paragraph (1)(A) shall be eligible
24
for an allowance under section 5941 of title 5,
25
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in addition to such basic pay, on the same basis
1
and at least to the same extent as if the em-
2
ployee was an employee covered by such section,
3
including eligibility conditions, allowance rates,
4
and all other terms and conditions in statute or
5
regulation.
6
‘‘(C) MAXIMUM AMOUNT OF ADDITIONAL
7
COMPENSATION.—No additional compensation
8
may be provided to an employee under this
9
paragraph in any calendar year if, or to the ex-
10
tent that, the employee’s total annual com-
11
pensation in such calendar year will exceed the
12
maximum amount of total annual compensation
13
payable at the salary set in accordance with
14
section 104 of title 3.
15
‘‘(c) DEFENSE DIGITAL EXECUTIVE SERVICE.—The
16
Secretary may establish a Defense Digital Executive Serv-
17
ice for positions established under subsection (a)(1)(A)(i)
18
that are comparable to Senior Executive Service positions.
19
‘‘(d) DEFENSE
DIGITAL
SENIOR
LEVEL
POSI-
20
TIONS.—The Secretary may designate as a Defense Dig-
21
ital Senior Level position any defense cyber position that,
22
as determined by the Secretary—
23
‘‘(1) is classified above the grade of GG–15 of
24
the excepted service;
25
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‘‘(2) does not satisfy functional or program
1
management criteria for being designated as a posi-
2
tion in the Defense Digital Executive Service; and
3
‘‘(3) has no more than minimal supervisory re-
4
sponsibilities.
5
‘‘(e) TWO-YEAR PROBATIONARY PERIOD.—The pro-
6
bationary period for all employees hired under the author-
7
ity provided by this section shall be two years.
8
‘‘(f) INCUMBENTS OF EXISTING COMPETITIVE SERV-
9
ICE POSITIONS.—
10
‘‘(1) IN GENERAL.—An individual occupying a
11
position on the date of the enactment of this section
12
that is selected to be converted to a position in the
13
excepted service under this section shall have the
14
right to refuse such conversion.
15
‘‘(2) POSITION CONVERSION.—After the date on
16
which an individual who refuses a conversion under
17
paragraph (1) stops serving in the position selected
18
to be converted, the position shall be converted to a
19
position in the excepted service.
20
‘‘(g) IMPLEMENTATION PLAN; EFFECTIVE DATE OF
21
AUTHORITY.—
22
‘‘(1) IN GENERAL.—The authority provided by
23
this section shall become effective 30 days after the
24
date on which the Secretary submits to the congres-
25
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sional defense committees a plan for the implemen-
1
tation of such authority.
2
‘‘(2) ELEMENTS.—The plan described in para-
3
graph (1) shall include the following:
4
‘‘(A) An assessment of the current scope of
5
the positions covered by the authority provided
6
by subsection (a).
7
‘‘(B) A plan for the use of the authority.
8
‘‘(C) An assessment of the anticipated
9
workforce needs for the cyber mission of the
10
Department across the future-years defense
11
program.
12
‘‘(D) Other matters as appropriate.
13
‘‘(h) COLLECTIVE
BARGAINING
AGREEMENTS.—
14
Nothing in subsection (a) may be construed to impair the
15
continued effectiveness of a collective bargaining agree-
16
ment with respect to an office, component, subcomponent,
17
or equivalent of the Department that is a successor to an
18
office, component, subcomponent, or equivalent of the De-
19
partment covered by the agreement before the succession.
20
‘‘(i) REQUIRED REGULATIONS.—The Secretary, in
21
coordination with the Director of the Office of Personnel
22
Management, shall prescribe regulations for the adminis-
23
tration of this section.
24
‘‘(j) ANNUAL REPORT.—
25
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‘‘(1) IN GENERAL.—Not later than one year
1
after the date of the enactment of this section and
2
not less frequently than once each year thereafter
3
until the date that is five years after the date of the
4
enactment of this section, the Director of the Office
5
of Personnel Management, in coordination with the
6
Secretary, shall submit to the appropriate commit-
7
tees of Congress a detailed report on the administra-
8
tion of this section during the most recent one-year
9
period.
10
‘‘(2) ELEMENTS.—Each report submitted under
11
paragraph (1) shall include, for the period covered
12
by the report, the following:
13
‘‘(A) A discussion of the process used in
14
accepting applications, assessing candidates, en-
15
suring adherence to veterans’ preference, and
16
selecting applicants for vacancies to be filled by
17
an individual for a qualified position.
18
‘‘(B) A description of the following:
19
‘‘(i) How the Secretary plans to fulfill
20
the critical need of the Department to re-
21
cruit and retain employees in qualified po-
22
sitions.
23
‘‘(ii) The measures that will be used
24
to measure progress.
25
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‘‘(iii) Any actions taken during the re-
1
porting period to fulfill such critical need.
2
‘‘(C) A discussion of how the planning and
3
actions taken under subparagraph (B) are inte-
4
grated into the strategic workforce planning of
5
the Department.
6
‘‘(D) The metrics on actions occurring
7
during the reporting period, including the fol-
8
lowing:
9
‘‘(i) The number of employees in
10
qualified positions hired, disaggregated by
11
occupation and grade and level or pay
12
band.
13
‘‘(ii) The placement of employees in
14
qualified positions, disaggregated by mili-
15
tary department, Defense Agency, or other
16
component within the Department.
17
‘‘(iii) The total number of veterans
18
hired.
19
‘‘(iv) The number of separations of
20
employees
in
qualified
positions,
21
disaggregated by occupation and grade and
22
level or pay band.
23
‘‘(v) The number of retirements of
24
employees
in
qualified
positions,
25
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disaggregated by occupation and grade and
1
level or pay band.
2
‘‘(vi) The number and amounts of re-
3
cruitment, relocation, and retention incen-
4
tives paid to employees in qualified posi-
5
tions, disaggregated by occupation and
6
grade and level or pay band.
7
‘‘(vii) The number of employees in
8
qualified positions who held an appoint-
9
ment related to cybersecurity at a Federal
10
agency outside of the Department during
11
the three-year period prior to being ap-
12
pointed under this section.
13
‘‘(k) COMPTROLLER GENERAL ASSESSMENT.—
14
‘‘(1) AVAILABILITY OF ANNUAL REPORT.—The
15
Director of the Office of Personnel Management
16
shall make available to the Comptroller General of
17
the United States each report required by subsection
18
(j).
19
‘‘(2) ASSESSMENT.—The Comptroller General
20
shall—
21
‘‘(A) assess any differences in recruitment
22
and retention for cyber positions experienced by
23
Federal agencies based on unique hiring and
24
pay authorities for cyber professionals, includ-
25
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ing with respect to Senior Executive Service po-
1
sitions and Senior Level positions; and
2
‘‘(B) not later than five years after the
3
date of the enactment of this section, submit to
4
the appropriate committees of Congress the re-
5
sults of that assessment.
6
‘‘(l) DEFINITIONS.—In this section:
7
‘‘(1) APPROPRIATE
COMMITTEES
OF
CON-
8
GRESS.—The term ‘appropriate committees of Con-
9
gress’ means—
10
‘‘(A) the Committee on Armed Services,
11
the Committee on Homeland Security and Gov-
12
ernmental Affairs, and the Committee on Ap-
13
propriations of the Senate; and
14
‘‘(B) the Committee on Armed Services,
15
the Committee on Oversight and Government
16
Reform, and the Committee on Appropriations
17
of the House of Representatives.
18
‘‘(2) COMPETITIVE SERVICE.—The term ‘com-
19
petitive service’ has the meaning given that term in
20
section 2102 of title 5.
21
‘‘(3) EXCEPTED SERVICE.—The term ‘excepted
22
service’ has the meaning given that term in section
23
2103 of title 5.
24
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‘‘(4) QUALIFIED POSITION.—The term ‘quali-
1
fied position’ means a position, designated by the
2
Secretary for the purpose of this section, in which
3
the individual occupying such position performs,
4
manages, or supervises functions that execute the
5
cyber mission of the Department.
6
‘‘(5) SENIOR EXECUTIVE SERVICE POSITION.—
7
The term ‘Senior Executive Service position’ has the
8
meaning given that term in section 3132(a) of title
9
5.’’.
10
(b) CLERICAL AMENDMENT.—The table of sections
11
at the beginning of chapter 81 of such title is amended
12
by striking the item relating to section 1599f and inserting
13
the following new item:
14
‘‘1599f. Cyber workforce recruitment and retention.’’.
SEC. 1108. PROHIBITION ON USE OF FUNDS TO REDUCE
15
THE WORKFORCE AT PUBLIC SHIPYARDS.
16
(a) IN GENERAL.—None of the funds authorized to
17
be appropriated by this Act may be used to reduce the
18
workforce at public shipyards, including probationary em-
19
ployees.
20
(b) EXEMPTION.—The workforce at public shipyards
21
and any other positions at a public shipyard not specified
22
in subsection (c) shall be exempt from any workforce re-
23
ductions related to spending cuts, reprogramming of
24
funds, or the probationary status of employees.
25
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(c) WORKFORCE AT PUBLIC SHIPYARDS DEFINED.—
1
In this section, the term ‘‘workforce at public shipyards’’
2
includes any of the following positions at a public ship-
3
yard:
4
(1) Welders.
5
(2) Pipefitters.
6
(3) Shipfitters.
7
(4) Radiological technicians and engineers.
8
(5) Engineers and engineer technicians.
9
(6) Apprentices.
10
(7) Positions supporting a workforce develop-
11
ment pipeline.
12
(8) Positions supporting nuclear maintenance
13
and refueling.
14
(9) Mechanics.
15
(10) Painters and blasters.
16
(11) Positions supporting maintenance and op-
17
erations of infrastructure.
18
(12) Positions supporting implementation of the
19
Shipyard Infrastructure Optimization Program.
20
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
21
tion may be construed to restrict the authority of the Sec-
22
retary of Defense to manage the workforce of the Depart-
23
ment of Defense under existing procedures in cases of mis-
24
conduct or poor performance.
25
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(e) SUNSET.—This section shall cease to be effective
1
December 31, 2029.
2
TITLE XII—MATTERS RELATING
3
TO FOREIGN NATIONS
4
Subtitle A—Assistance and
5
Training
6
SEC. 1201. MODIFICATION OF AUTHORITIES.
7
(a) TRAINING WITH FRIENDLY FOREIGN COUN-
8
TRIES: PAYMENT
OF TRAINING
AND EXERCISE EX-
9
PENSES.—
10
(1) TRAINING AUTHORIZED.—Subsection (a) of
11
section 321 of title 10, United States Code, is
12
amended—
13
(A) in paragraph (1), by striking ‘‘or other
14
security forces’’ and inserting ‘‘, or other secu-
15
rity forces that perform a similar function,’’;
16
(B) by striking paragraph (2); and
17
(C) by redesignating paragraphs (3) and
18
(4) as paragraphs (2) and (3), respectively.
19
(2) AUTHORITY TO PAY TRAINING AND EXER-
20
CISE EXPENSES.—Subsection (b) of such section is
21
amended—
22
(A) in the matter preceding paragraph (1),
23
by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
24
section (f)’’;
25
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(B) by amending paragraph (1) to read as
1
follows:
2
‘‘(1) Expenses of forces assigned or allocated to
3
that command in conjunction with activities con-
4
ducted under this section.’’;
5
(C) in paragraph (2), by striking ‘‘that
6
training’’ and inserting ‘‘such activities’’;
7
(D) in paragraph (3), by striking ‘‘train-
8
ing’’ and inserting ‘‘activities’’;
9
(E) by striking paragraph (4);
10
(F) in paragraph (5), by striking ‘‘training
11
described in’’ and all that follows through
12
‘‘paragraph (4)’’ and inserting ‘‘training and
13
exercises under this section’’; and
14
(G) by redesignating paragraph (5) as
15
paragraph (4).
16
(3) SEMIANNUAL REPORT.—Subsection (e) of
17
such section is amended to read as follows:
18
‘‘(e) SEMIANNUAL REPORT.—Not less frequently
19
than semiannually, the Secretary of Defense shall submit
20
to the appropriate committees of Congress a report on
21
training and exercises conducted under this section during
22
the preceding 180-day period.’’.
23
(4) CONFORMING AMENDMENTS.—
24
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(A) SECTION
HEADING.—Section 321 of
1
title 10, United States Code, is amended, in the
2
section heading, by inserting ‘‘and exer-
3
cises’’ after ‘‘Training’’.
4
(B) TABLE OF SECTIONS.—The table of
5
sections for subchapter III of chapter 16 of title
6
10, United States Code, is amended by striking
7
the item relating to section 321 and inserting
8
the following:
9
‘‘321. Training and exercises with friendly foreign countries: payment of train-
ing and exercise expenses.’’.
(b) REPEAL OF SECRETARY OF DEFENSE STRATEGIC
10
COMPETITION INITIATIVE.—Section 1332 of the National
11
Defense Authorization Act for Fiscal Year 2022 (Public
12
Law 117–81; 135 Stat. 2007; 10 U.S.C. 301 note) is re-
13
pealed.
14
SEC. 1202. MODIFICATION OF PAYMENT OF COSTS FOR RE-
15
GIONAL CENTERS FOR SECURITY STUDIES.
16
Section 342(f)(3)(A) of title 10, United States Code,
17
is amended, in the first sentence, by striking ‘‘from a de-
18
veloping country’’.
19
SEC. 1203. MODIFICATION OF AUTHORITY FOR NAVAL
20
SMALL CRAFT INSTRUCTION AND TECHNICAL
21
TRAINING SCHOOL.
22
Section 352 of title 10, United States Code, is
23
amended—
24
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(1) in subsection (a), by striking ‘‘may’’ and in-
1
serting ‘‘shall’’; and
2
(2) in subsection (e), by adding at the end the
3
following new paragraph:
4
‘‘(3) Tuition fees charged for personnel who attend
5
the School may not include any amount for the fixed costs
6
of operating and maintaining the School.’’.
7
SEC. 1204. PERMANENT EXTENSION OF ACCEPTANCE AND
8
EXPENDITURE OF CONTRIBUTIONS FOR MUL-
9
TILATERAL SECURITY COOPERATION PRO-
10
GRAMS AND ACTIVITIES.
11
Section 1208 of the Servicemember Quality of Life
12
Improvement and National Defense Authorization Act for
13
Fiscal Year 2025 (Public Law 118–159) is amended by
14
striking subsection (i).
15
SEC. 1205. BUILDING CAPACITY OF THE ARMED FORCES OF
16
MEXICO
TO
COUNTER
TRANSNATIONAL
17
CRIMINAL ORGANIZATIONS.
18
(a) PLAN.—Not later than 180 days after the date
19
of the enactment of this Act, the Secretary of Defense,
20
in consultation with the Secretary of State and with the
21
agreement of the Government of Mexico, shall submit to
22
the appropriate congressional committees a plan for a pilot
23
program under which the armed forces of Mexico and the
24
United States Armed Forces will train jointly in the
25
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United States on tactics, techniques, and procedures for
1
countering the threat posed by transnational criminal or-
2
ganizations, including through—
3
(1) operations involving the use of rotary-wing
4
aircraft; and
5
(2) in consultation with the appropriate civilian
6
government agencies specializing in countering
7
transnational criminal organizations—
8
(A) joint network analysis;
9
(B) counter threat financing;
10
(C) counter illicit trafficking (including
11
narcotics, weapons, and human trafficking, and
12
illicit trafficking in natural resources); and
13
(D) assessments of key nodes of activity of
14
transnational criminal organizations.
15
(b) IMPLEMENTATION.—Not later than 15 days after
16
the date on which the plan required by subsection (a) is
17
submitted under such subsection, the Secretary of Defense
18
shall begin implementing the pilot program described in
19
the plan.
20
(c) DEFINITION OF APPROPRIATE CONGRESSIONAL
21
COMMITTEES.—In this section, the term ‘‘appropriate
22
congressional committees’’ means—
23
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(1) the Committee on Armed Services, the
1
Committee on Foreign Relations, and the Committee
2
on Appropriations of the Senate; and
3
(2) the Committee on Armed Services, the
4
Committee on Foreign Affairs, and the Committee
5
on Appropriations of the House of Representatives.
6
SEC. 1206. CYBERSECURITY COOPERATION WITH THE GOV-
7
ERNMENT OF PANAMA AND THE PANAMA
8
CANAL AUTHORITY.
9
(a) CYBERSECURITY INTEGRATION.—
10
(1) IN GENERAL.—The Secretary of Defense,
11
using existing authorities of the Secretary, may es-
12
tablish a pilot program in Panama—
13
(A) to enhance the cybersecurity capabili-
14
ties of the Panama Canal Authority and the na-
15
tional security forces of Panama; and
16
(B) to increase cybersecurity cooperation
17
measures between the United States and Pan-
18
ama in current and future joint military train-
19
ing exercises.
20
(2) PURPOSES.—The purposes of the cybersecu-
21
rity cooperation under paragraph (1) are—
22
(A) to assist in implementing the Cyber
23
Cooperation Arrangement;
24
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(B) to provide training and technical as-
1
sistance to, and enhance joint cooperation with,
2
the national security forces of Panama so as to
3
improve mitigation, deterrence, and detection of
4
ransomware attacks on, and vulnerabilities of,
5
critical infrastructure in and around the Pan-
6
ama Canal; and
7
(C) to incorporate cybersecurity coopera-
8
tion measures into current and potential United
9
States-Panama joint military training exercises
10
so as to improve the security of the Panama
11
Canal.
12
(3) ACTIVITIES.—Activities of the Department
13
of Defense to further the purposes described in
14
paragraph (2) may include the following:
15
(A) Provision of education and training to,
16
and information sharing with, the Panama
17
Canal Authority and the national security
18
forces of Panama.
19
(B) Collaboration on cyber incident re-
20
sponse best practices with the Panama Canal
21
Authority and the national security forces of
22
Panama.
23
(C) Provision of technical assistance to the
24
Panama Canal Authority and the national secu-
25
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rity forces of Panama to detect and mitigate cy-
1
bersecurity attacks.
2
(D) Development of supply chain security
3
best practices and building a trusted vendor
4
network with the Panama Canal Authority and
5
the national security forces of Panama.
6
(E) Engagement with the national security
7
forces of Panama on joint cybersecurity train-
8
ing exercises and other information-sharing and
9
domain awareness activities relating to cyberse-
10
curity, including by—
11
(i) encouraging the participation of
12
the Government of Panama in existing cy-
13
bersecurity training facilitated or managed
14
by the Department and approved by the
15
Secretary;
16
(ii) incorporating cybersecurity into
17
existing joint training exercises, such as
18
PANAMAX; and
19
(iii) conducting an annual joint table-
20
top cybersecurity exercise.
21
(4) REPORT.—Not later than one year after the
22
date of the enactment of this Act, and annually
23
thereafter through 2030, the Secretary shall—
24
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(A) submit to the congressional defense
1
committees a report on—
2
(i) the implementation of this section
3
and any challenges relating to such imple-
4
mentation;
5
(ii) any known cyber threats relating
6
to
Panama,
such
as
incidents
of
7
ransomware attacks on critical infrastruc-
8
ture in and around the Panama Canal; and
9
(iii) actions taken to address and miti-
10
gate such threats; and
11
(B) provide the congressional defense com-
12
mittees with a briefing on such report.
13
(5) PROTECTION
OF
SENSITIVE
INFORMA-
14
TION.—Any activity carried out under this section
15
shall be conducted in a manner that appropriately
16
protects sensitive information and the national secu-
17
rity interests of the United States.
18
(b) DEFINITIONS.—In this section:
19
(1) CRITICAL
INFRASTRUCTURE.—The term
20
‘‘critical infrastructure’’ has the meaning given such
21
term in section 1016(e) of the Critical Infrastruc-
22
ture Protection Act of 2001 (42 U.S.C. 5195c(e)).
23
(2) PANAMA
CANAL
AUTHORITY.—The term
24
‘‘Panama Canal Authority’’ has the meaning given
25
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such term in section 3(d) of the Panama Canal Act
1
of 1979 (22 U.S.C. 3602(d)).
2
(3) PANAMAX.—The term ‘‘PANAMAX’’ re-
3
fers to—
4
(A) an annual bilateral and multinational
5
military exercise and training series relating to
6
the security of the Panama Canal carried out in
7
coordination with United States Southern Com-
8
mand and the military or security forces of—
9
(i) the governments of countries in
10
Latin America and the Caribbean; and
11
(ii) certain European countries; and
12
(B) any related exercises conducted in
13
Panama.
14
(4)
RANSOMWARE
ATTACK.—The
term
15
‘‘ransomware attack’’ has the meaning given such
16
term in section 2200 of the Homeland Security Act
17
of 2002 (6 U.S.C. 650).
18
SEC. 1207. STATE PARTNERSHIP PROGRAM SELECTION
19
ANALYSIS.
20
The Secretary of Defense shall make such changes
21
to Department of Defense Instruction 5111.20 (relating
22
to the State Partnership Program) (or a successor instruc-
23
tion) as may be necessary to ensure that, in performing
24
selection analysis for the State Partnership Program
25
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under section 341 of title 10, United States Code, the
1
Chief of the National Guard Bureau—
2
(1) considers the number of current partner-
3
ships assigned to the National Guard of a State; and
4
(2) gives preference to States that have only
5
one active assigned country under the program.
6
SEC. 1208. MODIFICATION OF AUTHORITY TO BUILD CAPAC-
7
ITY OF FOREIGN SECURITY FORCES.
8
Section 333 of title 10, United States Code, is
9
amended—
10
(1) in subsection (a), by adding at the end the
11
following new paragraphs:
12
‘‘(10) Disaster risk reduction or response oper-
13
ations.
14
‘‘(11) Space domain awareness and space oper-
15
ations.
16
‘‘(12) Foreign internal defense operations.’’;
17
and
18
(2) in subsection (g)(2), by striking ‘‘made’’.
19
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SEC. 1209. EXTENSION AND MODIFICATION OF PILOT PRO-
1
GRAM TO IMPROVE CYBER COOPERATION
2
WITH
FOREIGN
MILITARY
PARTNERS
IN
3
SOUTHEAST ASIA AND THE PACIFIC ISLANDS.
4
Section 1256 of the William M. (Mac) Thornberry
5
National Defense Authorization Act for Fiscal Year 2021
6
(10 U.S.C. 333 note) is amended—
7
(1) in the section heading, by inserting ‘‘AND
8
THE PACIFIC ISLANDS’’ before the period;
9
(2) in subsection (e), by striking ‘‘2027’’ and
10
inserting ‘‘2029’’; and
11
(3) in subsection (f)(2), by adding at the end
12
the following:
13
‘‘(F) Each member country of the Pacific
14
Islands Forum.’’.
15
Subtitle B—Matters Relating to
16
Syria, Iraq, and Iran
17
SEC. 1211. EXTENSION OF AUTHORITY FOR REIMBURSE-
18
MENT OF CERTAIN COALITION NATIONS FOR
19
SUPPORT PROVIDED TO UNITED STATES
20
MILITARY OPERATIONS.
21
Section 1233 of the National Defense Authorization
22
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat.
23
393) is amended—
24
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(1) in subsection (a), in the matter preceding
1
paragraph (1) by striking ‘‘December 31, 2025’’ and
2
inserting ‘‘December 31, 2026,’’; and
3
(2) in subsection (d)(1), by striking ‘‘December
4
31, 2025’’ and inserting ‘‘December 31, 2026’’.
5
SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY
6
TO SUPPORT OPERATIONS AND ACTIVITIES
7
OF THE OFFICE OF SECURITY COOPERATION
8
IN IRAQ.
9
Section 1215 of the National Defense Authorization
10
Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amend-
11
ed—
12
(1) by striking subsection (c);
13
(2) in subsection (d), by striking ‘‘fiscal year
14
2025’’ and inserting ‘‘fiscal year 2026’’; and
15
(3) by redesignating subsections (d) through (h)
16
as subsections (c) through (g), respectively.
17
SEC. 1213. EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
18
ANCE TO VETTED SYRIAN GROUPS AND INDI-
19
VIDUALS.
20
Section 1209 of the Carl Levin and Howard P.
21
‘‘Buck’’ McKeon National Defense Authorization Act for
22
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541)
23
is amended—
24
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(1) in subsection (a), in the matter preceding
1
paragraph (1), by striking ‘‘December 31, 2025’’
2
and inserting ‘‘December 31, 2026’’; and
3
(2) in subsection (l)(3)(E), by striking ‘‘Decem-
4
ber 31, 2025’’ and inserting ‘‘December 31, 2026’’.
5
SEC. 1214. EXTENSION AND MODIFICATION OF AUTHORITY
6
TO PROVIDE ASSISTANCE TO COUNTER THE
7
ISLAMIC STATE OF IRAQ AND SYRIA.
8
Section 1236 of the Carl Levin and Howard P.
9
‘‘Buck’’ McKeon National Defense Authorization Act for
10
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558)
11
is amended—
12
(1) in subsection (a), in the matter preceding
13
paragraph (1), by striking ‘‘December 31, 2025’’
14
and inserting ‘‘December 31, 2026’’;
15
(2) by striking subsection (g);
16
(3) by redesignating subsections (h) through (o)
17
as subsections (g) through (n), respectively;
18
(4) in subsection (i)(1)(C), as redesignated, by
19
striking ‘‘subsection (l)(2)’’ and inserting ‘‘sub-
20
section (k)(2)’’;
21
(5) in subsection (k)(2), as redesignated—
22
(A) in subparagraph (B)(ii), by striking
23
‘‘subsection (j)(1)(C)’’ and inserting ‘‘sub-
24
section (i)(1)(C)’’; and
25
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(B) in subparagraph (C), by striking ‘‘sub-
1
section (k)’’ and inserting ‘‘subsection (j)’’; and
2
(6) in subsection (n)(6), as redesignated, by
3
striking ‘‘December 31, 2025’’ and inserting ‘‘De-
4
cember 31, 2026’’.
5
SEC. 1215. EXTENSION AND MODIFICATION OF AUTHORITY
6
TO PROVIDE CERTAIN SUPPORT.
7
Section 1226 of the National Defense Authorization
8
Act for Fiscal Year 2016 (22 U.S.C. 2151 note) is amend-
9
ed—
10
(1) in subsection (a)(1)—
11
(A) in subparagraph (A), by striking ‘‘with
12
Syria and Iraq’’; and
13
(B) in subparagraph (B), by striking ‘‘with
14
Syria’’;
15
(2) in subsection (c)—
16
(A) by striking paragraph (1); and
17
(B)
by
redesignating
paragraphs
(2)
18
through (4) as paragraphs (1) through (3), re-
19
spectively; and
20
(3) in subsection (h), by striking ‘‘December
21
31, 2025’’ and inserting ‘‘December 31, 2027’’.
22
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SEC. 1216. SECURITY AND OVERSIGHT OF AL-HOL AND ROJ
1
CAMPS.
2
(a) IN GENERAL.—The Secretary of Defense, in con-
3
sultation with the Secretary of State and pursuant to au-
4
thorities available to the Secretary of Defense, shall take
5
appropriate measures to support the defenses of al-Hol
6
and Roj camps and security for detainees within such
7
camps, including through support for vetted foreign part-
8
ner security forces, so as to prevent escape and
9
radicalization efforts that could contribute to a resurgence
10
of the Islamic State of Iraq and Syria.
11
(b) ANNUAL REPORT.—Not later than March 31,
12
2026, and annually thereafter through March 31, 2028,
13
the Secretary of Defense shall submit to the congressional
14
defense committees a report that—
15
(1) assesses the status of United States Armed
16
Forces operations in northeast Syria related to
17
counterterrorism and security efforts;
18
(2) describes the conditions and security of de-
19
tainees at al-Hol and Roj camps;
20
(3) describes support to vetted foreign security
21
partners responsible for the administration and secu-
22
rity of al-Hol and Roj camps and surrounding areas;
23
(4) assesses the effectiveness of support to vet-
24
ted foreign security partners in maintaining the sta-
25
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bility and security of al-Hol and Roj camps and sur-
1
rounding areas;
2
(5) describes efforts to repatriate detainees
3
from al-Hol and Roj camps to the home countries of
4
such detainees or to third countries;
5
(6) describes plans for the long-term security of
6
al-Hol and Roj camps; and
7
(7) includes recommendations for further ac-
8
tions to prevent the resurgence of the Islamic State
9
of Iraq and Syria.
10
SEC. 1217. LIMITATION ON USE OF FUNDS FOR REDUCTION
11
OR
CONSOLIDATION
OF
UNITED
STATES
12
ARMED FORCES BASES IN SYRIA.
13
(a) IN GENERAL.—Until the date that is 15 days
14
after the date on which the certification described in sub-
15
section (b) is submitted to the congressional defense com-
16
mittees, amounts authorized to be appropriated by this
17
Act may not be obligated or expended to reduce the num-
18
ber of, or consolidate, bases of the United States Armed
19
Forces located in Syria.
20
(b) CERTIFICATION DESCRIBED.—
21
(1) IN GENERAL.—The certification described
22
in this subsection is a certification by the Secretary
23
of Defense, in consultation with the Commander of
24
the United States Central Command that a reduc-
25
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tion of the number, or consolidation, of bases of the
1
United States Armed Forces located in Syria result-
2
ing in an updated force posture or basing locations
3
would continue to sufficiently meet objectives con-
4
sistent with the purposes outlined in section 1209(a)
5
of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
6
National Defense Authorization Act for Fiscal Year
7
2015 (Public Law 113–291; 128 Stat. 354).
8
(2) ELEMENTS.—The certification described in
9
this subsection shall include the following:
10
(A) A description of the current posture of
11
United States Armed Forces in Syria and levels
12
of engagement by the United States Armed
13
Forces with Syrian groups and individuals.
14
(B) A description of the planned posture of
15
the United States Armed Forces in Syria and
16
projected levels of engagement by such forces
17
with Syrian groups and individuals that would
18
result from such a reduction or consolidation.
19
(C) An assessment of any gaps that the
20
planned posture of United States Armed Forces
21
as a result of such a reduction or consolidation
22
would generate, including in assistance, train-
23
ing, or enabling authorized for Syrian groups
24
and individuals.
25
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(D) A description of mitigation measures
1
being taken to address any identified gaps in
2
assistance, training, or enabling for Syrian
3
groups.
4
(E) A plan to balance consolidation with
5
an offshore presence to sustain counterter-
6
rorism operations.
7
SEC. 1218. LIMITATION ON AVAILABILITY OF FUNDS FOR
8
THE OFFICE OF SECURITY COOPERATION IN
9
IRAQ.
10
(a) LIMITATION ON OBLIGATION OF FUNDS.—Not
11
more than 50 percent of the funds authorized to be appro-
12
priated by this Act or otherwise made available for fiscal
13
year 2026 for the Office of Security Cooperation in Iraq
14
may be obligated or expended until the date on which the
15
Secretary of Defense submits to the congressional defense
16
committees a certification that the Government of Iraq
17
has taken credible steps—
18
(1) to reduce the operational capacity of Iran-
19
aligned militia groups not integrated into the Iraqi
20
Security Forces through a publicly verifiable disar-
21
mament, demobilization, and reintegration process;
22
(2) to strengthen the authority and operational
23
control of the Prime Minister of Iraq as Com-
24
mander-in-Chief over the Iraqi Security Forces; and
25
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(3) to investigate and hold accountable mem-
1
bers of militias or members of security forces oper-
2
ating outside the formal chain of command of the
3
Iraqi Security Forces who engage in attacks on
4
United States or Iraqi personnel or otherwise act in
5
an illegal or destabilizing manner.
6
(b) WAIVER.—The Secretary of Defense may waive
7
the limitation in subsection (a) for a period of not more
8
than 180 days if the Secretary determines that such waiv-
9
er is in the national security interest of the United States.
10
Any such waiver shall be submitted in writing to the con-
11
gressional defense committees not later than 15 days after
12
issuance, along with a justification and a description of
13
the steps being taken to achieve the objectives described
14
in subsection (a).
15
Subtitle C—Matters Relating to Eu-
16
rope and the Russian Federa-
17
tion
18
SEC. 1221. EXTENSION OF PROHIBITION ON AVAILABILITY
19
OF FUNDS RELATING TO SOVEREIGNTY OF
20
THE RUSSIAN FEDERATION OVER INTER-
21
NATIONALLY RECOGNIZED TERRITORY OF
22
UKRAINE.
23
Section 1245(a) of the James M. Inhofe National De-
24
fense Authorization Act for Fiscal Year 2023 (Public Law
25
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117–263; 136 Stat. 2847) is amended by striking ‘‘or
1
2025’’ and inserting ‘‘2025, or 2026’’.
2
SEC. 1222. EXTENSION OF ANNUAL REPORT ON MILITARY
3
AND SECURITY DEVELOPMENTS INVOLVING
4
THE RUSSIAN FEDERATION.
5
Section 1234(g) of the William M. (Mac) Thornberry
6
National Defense Authorization Act for Fiscal Year 2021
7
(Public Law 116–283; 134 Stat. 3938) is amended by
8
striking ‘‘January 31, 2026’’ and inserting ‘‘January 31,
9
2031’’.
10
SEC. 1223. EXTENSION AND MODIFICATION OF UKRAINE SE-
11
CURITY ASSISTANCE INITIATIVE.
12
Section 1250 of the National Defense Authorization
13
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
14
1068) is amended—
15
(1) in subsection (c)—
16
(A) by redesignating paragraph (6) as
17
paragraph (5); and
18
(B) by adding at the end the following new
19
paragraphs (6) and (7):
20
‘‘(6) AVAILABILITY OF FUNDS FOR PROGRAMS
21
ACROSS FISCAL YEARS.—Amounts available in a fis-
22
cal year to carry out the authority in subsection (a)
23
may be used for programs under that authority that
24
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begin in such fiscal year and end not later than the
1
end of the second fiscal year thereafter.
2
‘‘(7) AUTHORITY FOR INTERCHANGE OF SUP-
3
PLIES AND SERVICES.—The limitation in subsection
4
(b)(2) of section 2571 of title 10, United States
5
Code, shall not apply with respect to reimbursable
6
support for the purpose of providing assistance
7
under this section.’’;
8
(2) in subsection (f), by adding at the end the
9
following new paragraph:
10
‘‘(11) For fiscal year 2026, $500,000,000.’’;
11
and
12
(3) in subsection (h), by striking ‘‘December
13
31, 2026’’ and inserting ‘‘December 31, 2028’’.
14
SEC. 1224. WEAPONS DEPOT MAINTENANCE STRATEGIC
15
PLAN FOR UKRAINE.
16
(a) IN GENERAL.—Not later than 180 days after the
17
date of the enactment of this Act, the Secretary of Defense
18
shall seek to partner with the Minister of Defense of
19
Ukraine to develop a weapons depot maintenance strategic
20
plan for Ukraine that includes, at a minimum—
21
(1) an outline of the planning and management
22
processes necessary to establish for Ukraine a robust
23
weapons depot maintenance capability, including the
24
steps necessary to achieve such capability;
25
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(2) a detailed plan for restoring the readiness
1
of the military forces of Ukraine by repairing, re-
2
placing, or divesting the substantial quantities and
3
wide variety of weapons systems and equipment that
4
have been donated or procured to sustain the mili-
5
tary operations of Ukraine; and
6
(3) the estimated resources, manpower, and
7
timeline required to fully implement the strategic
8
plan.
9
(b) REPORT.—Not later than 180 days after the date
10
of the enactment of this Act, the Secretary shall submit
11
to the Committees on Armed Services of the Senate and
12
the House of Representatives a detailed report on the stra-
13
tegic plan developed under subsection (a) that includes
14
each element described in paragraphs (1) through (3) of
15
that subsection.
16
SEC. 1225. OVERSIGHT OF UNITED STATES MILITARY POS-
17
TURE IN EUROPE.
18
(a) PROHIBITION ON USE OF FUNDS.—Until the
19
date that is 90 days after the date on which the certifi-
20
cation described in subsection (b) and the assessment de-
21
scribed in subsection (c) are submitted to the congres-
22
sional defense committees, amounts authorized to be ap-
23
propriated by this Act may not be obligated or expended—
24
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(1) to reduce the total number of members of
1
the Armed Forces permanently stationed in or de-
2
ployed to the area of responsibility of the United
3
States European Command below 76,000;
4
(2) to divest, consolidate, or otherwise return to
5
a host country any site on the real property inven-
6
tory of the United States European Command as of
7
June 1, 2025;
8
(3) to divest, redeploy, withdraw, or otherwise
9
permanently move out of the area of responsibility of
10
the United States European Command any Depart-
11
ment of Defense equipment or physical property po-
12
sitioned in such area of responsibility as of June 1,
13
2025, with an initial purchase value of more than
14
$500,000; or
15
(4) to relinquish the role of the Commander of
16
the United States European Command as North At-
17
lantic Treaty Organization (NATO) Supreme Allied
18
Commander Europe.
19
(b) CERTIFICATION DESCRIBED.—The certification
20
described in this subsection is a certification by the Sec-
21
retary of Defense, in consultation with the Commander
22
of the United States European Command, the Secretary
23
of State, and the Director of National Intelligence, to the
24
congressional defense committees that, as applicable, a re-
25
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duction of the total number of members of the Armed
1
Forces permanently stationed in or deployed to the area
2
of responsibility of the United States European Command
3
below 76,000, the divestment, consolidation, or return to
4
a host country of any site on the real property inventory
5
of the United States European Command as of June 1,
6
2025, the divestment, redeployment, withdrawal, or other-
7
wise permanent moving of equipment or property de-
8
scribed in subsection (a)(3), or the relinquishment of the
9
role of the Commander of the United States European
10
Command as NATO Supreme Allied Commander Eu-
11
rope—
12
(1) is in the national security interest of the
13
United States; and
14
(2) is being undertaken only after appropriate
15
consultations with all North Atlantic Treaty Organi-
16
zation allies and relevant non-NATO partners.
17
(c) ASSESSMENT DESCRIBED.—
18
(1) IN GENERAL.—An assessment described in
19
this subsection is the following:
20
(A) In the case of a reduction of the total
21
number of members of the Armed Forces per-
22
manently stationed in or deployed to the area of
23
responsibility of the United States European
24
Command below 76,000, the divestment, con-
25
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solidation, or return to a host country of any
1
site on the real property inventory of the
2
United States European Command, or the di-
3
vestment, redeployment, withdrawal or other-
4
wise permanent moving of equipment or prop-
5
erty described in subsection (a)(3)—
6
(i) an analysis of the impact of such
7
an action on—
8
(I) the security of the United
9
States;
10
(II) the security of North Atlan-
11
tic Treaty Organization allies and the
12
strength and security of the North At-
13
lantic Treaty Organization as a whole;
14
and
15
(III) the ability of the United
16
States to meet national North Atlan-
17
tic Treaty Organization capability tar-
18
gets, regional and theater campaign
19
plans, and other warfighting require-
20
ments, as determined by the Com-
21
mander of the United States Euro-
22
pean Command and the NATO Su-
23
preme Allied Commander Europe;
24
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(ii) an assessment of the threat posed
1
by the Russian Federation to the North
2
Atlantic Treaty Organization in the near
3
term, medium term, and long term;
4
(iii) an analysis of the impact of such
5
an action on the ability of the Armed
6
Forces to execute contingency plans of the
7
Department of Defense, including in sup-
8
port of operations and crisis response in
9
the areas of responsibility of the United
10
States Central Command and the United
11
States Africa Command;
12
(iv) a detailed analysis of the costs for
13
relocation of personnel, equipment, and as-
14
sociated infrastructure;
15
(v) an analysis of the impact of such
16
an action on military training and major
17
military exercises, including on interoper-
18
ability and joint activities with North At-
19
lantic Treaty Organization allies and part-
20
ners;
21
(vi) a description of consultations with
22
each North Atlantic Treaty Organization
23
ally and all relevant non-NATO partners;
24
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(vii) an assessment of the impact of
1
such an action on the credibility of United
2
States extended deterrence commitments
3
to North Atlantic Treaty Organization al-
4
lies, and the potential for nuclear prolifera-
5
tion in the European theater;
6
(viii) an assessment of the impact of
7
such an action on transatlantic cooperation
8
to deter potential threats from the People’s
9
Republic of China; and
10
(ix) an independent risk assessment
11
by the Commander of the United States
12
European Command and the Chairman of
13
the Joint Chiefs of Staff of—
14
(I) the impact of such a reduc-
15
tion or divestment, consolidation, or
16
return on the security of the United
17
States;
18
(II) the ability of the Armed
19
Forces to provide forward defense of
20
the United States;
21
(III) the ability of the Armed
22
Forces to execute contingency plans of
23
the Department of Defense, including
24
in support of operations outside the
25
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area of responsibility of the United
1
States European Command; and
2
(IV) the impact of such a reduc-
3
tion or divestment, consolidation, or
4
return on military training and major
5
military exercises, including on inter-
6
operability and joint activities with
7
North Atlantic Treaty Organization
8
allies and partners.
9
(B) In the case of the relinquishment of
10
the role of the Commander of the United States
11
European Command as the NATO Supreme Al-
12
lied Commander Europe—
13
(i) a classified explanation of the role
14
of United States nuclear weapons in sup-
15
porting North Atlantic Treaty Organiza-
16
tion operations and activities after having
17
relinquished such role, including changes
18
to command and control relationships and
19
adjustments to United States nuclear pos-
20
ture;
21
(ii) a description of consultations with
22
all North Atlantic Treaty Organization al-
23
lies and relevant non-NATO partners, in-
24
cluding through the Nuclear Planning
25
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Group of the North Atlantic Treaty Orga-
1
nization;
2
(iii) an assessment of the impact of
3
the withdrawal of a United States official
4
as the NATO Supreme Allied Commander
5
Europe on—
6
(I) the effectiveness of North At-
7
lantic Treaty Organization nuclear de-
8
terrence; and
9
(II) the potential for nuclear pro-
10
liferation in Europe;
11
(iv) an independent risk assessment
12
by the Commander of the United States
13
European Command and the Chairman of
14
the Joint Chiefs of Staff of—
15
(I) the nuclear capabilities of
16
North Atlantic Treaty Organization
17
allies; and
18
(II) the potential for nuclear pro-
19
liferation in Europe; and
20
(v) an independent assessment by the
21
Commander of the United States Strategic
22
Command of—
23
(I) the capability and capacity of
24
nuclear-armed North Atlantic Treaty
25
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Organization allies to effectively deter
1
and, if necessary, defeat likely adver-
2
saries in the nuclear domain absent a
3
United States commander serving in
4
the role of Supreme Allied Com-
5
mander Europe;
6
(II) changes to be made to exist-
7
ing United States contingency plans if
8
other North Atlantic Treaty Organiza-
9
tion member countries with nuclear
10
capabilities were to provide extended
11
nuclear deterrence to the North At-
12
lantic Treaty Organization; and
13
(III) the impact of such provision
14
of extended nuclear deterrence on
15
United States nuclear posture and de-
16
terrence planning requirements.
17
(2) SUBMISSION
OF
INDEPENDENT
ASSESS-
18
MENTS.—Any
independent
assessment
required
19
under paragraph (1) shall be submitted to the con-
20
gressional defense committees without modification
21
or alteration.
22
(d) FORM.—
23
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(1) CERTIFICATION.—A certification described
1
in subsection (b) shall be submitted in unclassified
2
form.
3
(2) ASSESSMENT.—An assessment described in
4
subsection (c) shall be submitted in unclassified
5
form but may include a classified annex.
6
SEC. 1226. ACCEPTANCE BACK INTO STOCK OF EQUIPMENT
7
PROCURED UNDER UKRAINE SECURITY AS-
8
SISTANCE INITIATIVE.
9
Section 1250 of the National Defense Authorization
10
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
11
1068) is amended by adding at the end the following new
12
subsection:
13
‘‘(k) ACCEPTING EQUIPMENT BACK INTO STOCK.—
14
‘‘(1) IN
GENERAL.—Equipment procured to
15
carry out this authority pursuant to subsection (a)
16
may only be treated as stocks of the Department of
17
Defense if—
18
‘‘(A) the equipment procured has not yet
19
been transferred to the Government of Ukraine
20
and is no longer needed to support a program
21
carried out pursuant to such subsection; or
22
‘‘(B) the equipment procured has been
23
transferred to the Government of Ukraine and
24
is returned by Ukraine to the United States.
25
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‘‘(2) NOTIFICATION.—The Secretary may not
1
transfer back into stock equipment described in
2
paragraph (1) until the date that is 15 days after
3
the date on which the Secretary submits a notifica-
4
tion to Congress describing how the conditions of
5
such paragraph were met.’’.
6
SEC. 1227. STATEMENT OF POLICY RELATING TO UKRAINE
7
SECURITY ASSISTANCE INITIATIVE.
8
Section 1250 of the National Defense Authorization
9
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
10
1068), as amended by this Act, is further amended by
11
adding at the end the following new subsection:
12
‘‘(l) STATEMENT OF POLICY.—
13
‘‘(1) IN
GENERAL.—It is the policy of the
14
United States—
15
‘‘(A) to assist Ukraine in maintaining a
16
credible defense and deterrence capability;
17
‘‘(B) to bolster defense and security co-
18
operation with Ukraine as a means of building
19
a future force of Ukraine that is capable of de-
20
fending Ukraine today and deterring future ag-
21
gression; and
22
‘‘(C) to advance continued reform of the
23
democratic, economic, defense, and security in-
24
stitutions of Ukraine in order to advance the
25
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Euro-Atlantic integration and modernization of
1
Ukraine.
2
‘‘(2) CREDIBLE
DEFENSE
AND
DETERRENCE
3
CAPABILITY DEFINED.—In this subsection, the term
4
‘credible defense and deterrence capability’ means
5
the ability to defend against and deter any credible
6
conventional military threat from the Russian Fed-
7
eration acting unilaterally or in concert with part-
8
ners, through the use of conventional military
9
means, possessed in sufficient quantity, including
10
weapons platforms and munitions, command, con-
11
trol, communication, intelligence, surveillance, and
12
reconnaissance capabilities.’’.
13
SEC. 1228. INTELLIGENCE SUPPORT FOR UKRAINE.
14
(a) IN GENERAL.—The Secretary of Defense shall
15
provide intelligence support, including information, intel-
16
ligence, and imagery collection authorized under title 10,
17
United States Code, to the Government of Ukraine for the
18
purpose of supporting military operations of the Govern-
19
ment of Ukraine that are specifically intended or reason-
20
ably expected to defend and retake the territory of
21
Ukraine.
22
(b) TERRITORY OF UKRAINE DEFINED.—In this sec-
23
tion, the term ‘‘territory of Ukraine’’ includes all territory
24
internationally recognized to be the sovereign territory of
25
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Ukraine, including Crimea and the territory the Russian
1
Federation claims to have annexed in Kherson Oblast,
2
Zaporizhzia Oblast, Donetsk Oblast, and Luhansk Oblast.
3
SEC. 1229. INTERNATIONAL SECURITY COOPERATION PRO-
4
GRAM FUNDING FOR UNITED STATES EURO-
5
PEAN COMMAND.
6
Not less than 15 percent of the funds authorized to
7
be appropriated by this Act for the International Security
8
Cooperation Program shall be available for use by the
9
United States European Command.
10
SEC. 1230. PROMOTION OF THE JOINT UKRAINIAN MULTI-
11
NATIONAL PROGRAM—SERVICES, TRAINING
12
AND
ARTICLES
RAPID
TIMELINE
13
(JUMPSTART).
14
(a) SENSE OF CONGRESS.—It is the sense of Con-
15
gress that the Department of Defense should leverage ex-
16
isting programs and authorities, including JUMPSTART,
17
to employ resources from European partners via multi-
18
nation co-financing to support and expedite the delivery
19
of weapons, training, and logistics to Ukraine.
20
(b) REPORT.—
21
(1) IN GENERAL.—Not later than January 1,
22
2026, the Secretary of Defense shall submit to the
23
congressional defense committees a report that in-
24
cludes—
25
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(A) an assessment of opportunities for
1
leveraging JUMPSTART to deliver critical
2
technologies to Ukraine, including technologies
3
that also meet United States operational re-
4
quirements;
5
(B) a summary of Department efforts to
6
accelerate the rapid delivery of articles, train-
7
ing, and logistics through FMS;
8
(C) a description of any efficiencies that
9
have been achieved by pooling financial re-
10
sources from partners and allies;
11
(D) a description of opportunities for em-
12
ploying pooled partner and ally resources to de-
13
liver United States systems in support of Eu-
14
rope’s security needs;
15
(E) proposed legislative or regulatory
16
changes necessary to enhance the effectiveness
17
of JUMPSTART; and
18
(F) other topics as determined by the Sec-
19
retary.
20
(2) FORM.—The report required under para-
21
graph (1) shall be in unclassified form, but may in-
22
clude a classified annex as necessary.
23
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SEC. 1230A. MODIFICATION OF UNITED STATES BASING
1
AND TRAINING, AND EXERCISES IN NORTH
2
ATLANTIC TREATY ORGANIZATION MEMBER
3
COUNTRIES.
4
(a) IN GENERAL.—Section 1250 of the National De-
5
fense Authorization Act for Fiscal Year 2024 (Public Law
6
118–31; 137 Stat. 464; 10 U.S.C. 113 note) is amended
7
to read as follows:
8
‘‘SEC. 1250. UNITED STATES BASING AND TRAINING IN
9
NORTH ATLANTIC TREATY ORGANIZATION
10
MEMBER COUNTRIES.
11
‘‘In considering decisions related to United States
12
military basing and training in North Atlantic Treaty Or-
13
ganization member countries, the Secretary of Defense
14
shall include among the factors for consideration whether
15
the country concerned has submitted its annual plan to
16
meet, and has made progress toward, the goal agreed to
17
in the Hague Summit Declaration of June 25, 2025, to
18
invest not less than 5 percent of gross domestic product
19
annually in defense by 2035, of which—
20
‘‘(1) not less than 3.5 percent is dedicated to
21
core defense requirements and North Atlantic Trea-
22
ty Organization capability targets; and
23
‘‘(2) not less than 1.5 percent is dedicated to
24
other defense and security related investments.’’.
25
(b) CONFORMING AMENDMENTS.—
26
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(1) The table of contents for the National De-
1
fense Authorization Act for Fiscal Year 2024 (Pub-
2
lic Law 118–31; 137 Stat. 136) is amended by strik-
3
ing the item relating to section 1250 and inserting
4
the following:
5
‘‘Sec. 1250. United States basing and training in North Atlantic Treaty Orga-
nization member countries.’’.
(2) The table of contents at the beginning of
6
title XII of the National Defense Authorization Act
7
for Fiscal Year 2024 (Public Law 118–31; 137 Stat.
8
435) is amended by striking the item relating to sec-
9
tion 1250 and inserting the following:
10
‘‘Sec. 1250. United States basing and training in North Atlantic Treaty Orga-
nization member countries.’’.
Subtitle D—Matters Relating to the
11
Indo-Pacific Region
12
SEC. 1231. EXTENSION OF PACIFIC DETERRENCE INITIA-
13
TIVE.
14
(a) FUNDING.—Subsection (c) of section 1251 of the
15
William M. (Mac) Thornberry National Defense Author-
16
ization Act for Fiscal Year 2021 (10 U.S.C. 113 note)
17
is amended—
18
(1) by striking ‘‘the National Defense Author-
19
ization Act for Fiscal Year 2025’’ and inserting ‘‘the
20
National Defense Authorization Act for Fiscal Year
21
2026’’; and
22
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(2) by striking ‘‘fiscal year 2025’’ and inserting
1
‘‘fiscal year 2026’’.
2
(b) REPORTS AND BRIEFINGS.—Subsection (d) of
3
such section is amended—
4
(1) in paragraph (1)(A), in the matter pre-
5
ceding clause (i), by striking ‘‘fiscal years 2026 and
6
2027’’ and inserting ‘‘fiscal years 2027 and 2028’’;
7
and
8
(2) in paragraph (2), by striking ‘‘fiscal years
9
2025 and 2026’’ each place it appears and inserting
10
‘‘fiscal years 2027 and 2028’’.
11
(c) EXTENSION OF PLAN.—Subsection (e) of such
12
section is amended, in the matter preceding paragraph
13
(1), by striking ‘‘fiscal years 2026 and 2027’’ and insert-
14
ing ‘‘fiscal years 2027 and 2028’’.
15
SEC. 1232. EXTENSION OF AUTHORITY TO TRANSFER
16
FUNDS FOR BIEN HOA DIOXIN CLEANUP.
17
Section 1253(b) of the William M. (Mac) Thornberry
18
National Defense Authorization Act for Fiscal Year 2021
19
(Public Law 116–283; 134 Stat. 3955) is amended by
20
striking ‘‘fiscal year 2025’’ and inserting ‘‘fiscal year
21
2026’’.
22
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SEC. 1233. OVERSIGHT OF UNITED STATES MILITARY POS-
1
TURE ON THE KOREAN PENINSULA.
2
(a) PROHIBITION ON USE OF FUNDS.—Amounts au-
3
thorized to be appropriated by this Act may not be obli-
4
gated or expended to reduce the total number of members
5
of the Armed Forces permanently stationed in or deployed
6
to the Republic of Korea below 28,500, or to complete the
7
transition of wartime operational control of the United
8
States-Republic of Korea Combined Forces Command
9
from United States-led command to Republic of Korea-
10
led command, until the date that is 90 days after the date
11
on which the certification described in subsection (b) and
12
the applicable assessment described in subsection (c) are
13
submitted to the appropriate committees of Congress.
14
(b) CERTIFICATION DESCRIBED.—The certification
15
described in this subsection is a certification by the Sec-
16
retary of Defense, in consultation with the Commander
17
of the United States Forces Korea, the Commander of the
18
United States Indo-Pacific Command, the Secretary of
19
State, and the Director of National Intelligence, to the ap-
20
propriate committees of Congress that, as applicable, a re-
21
duction in the total number of members of the Armed
22
Forces permanently stationed in or deployed to the Repub-
23
lic of Korea below 28,500 or the completion of the transi-
24
tion of wartime operational control of the United States-
25
Republic of Korea Combined Forces Command from
26
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United States-led command to Republic of Korea-led com-
1
mand—
2
(1) is in the national security interest of the
3
United States; and
4
(2) is being undertaken only after appropriate
5
consultations with allies of the United States, includ-
6
ing the Republic of Korea, Japan, and any country
7
that has sent military contributions to the United
8
Nations Command.
9
(c) ASSESSMENT DESCRIBED.—An assessment de-
10
scribed in this subsection is the following:
11
(1) In the case of a reduction in the total num-
12
ber of members of the Armed Forces permanently
13
stationed in or deployed to the Republic of Korea
14
below 28,500, an assessment by the Secretary of De-
15
fense, in consultation with the Commander of the
16
United States Forces Korea, the Commander of the
17
United States Indo-Pacific Command, the Secretary
18
of State, and the Director of National Intelligence
19
that includes—
20
(A) an analysis of the impact of such a re-
21
duction on—
22
(i) the security of the United States;
23
(ii) the security of the Republic of
24
Korea and Japan;
25
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(iii) United States deterrence; and
1
(iv) the defense posture of the United
2
States Indo-Pacific Command;
3
(B) an analysis of the impact of such a re-
4
duction on the ability of the Armed Forces to
5
execute contingency plans of the Department of
6
Defense, including in support of operations be-
7
yond the Korean Peninsula;
8
(C) an analysis of the additional costs for
9
relocation of personnel, equipment, and associ-
10
ated infrastructure;
11
(D) an analysis of the impact of such a re-
12
duction on military training and major military
13
exercises, including on interoperability and joint
14
activities with the Republic of Korea and
15
Japan;
16
(E) a description of consultations with the
17
Republic of Korea, Japan, and countries that
18
have sent military contributions to the United
19
Nations Command;
20
(F) an assessment of the impact of such a
21
reduction on the credibility of United States ex-
22
tended deterrence commitments to the Republic
23
of Korea and Japan, and the potential for nu-
24
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clear proliferation in the Indo-Pacific region;
1
and
2
(G) an independent risk assessment by the
3
Commander of the United States Forces Korea,
4
the Commander of the United States Indo-Pa-
5
cific Command, and the Chairman of the Joint
6
Chiefs of Staff of—
7
(i) the impact of such a reduction on
8
the security of the United States;
9
(ii) the ability of the Armed Forces to
10
execute contingency plans of the Depart-
11
ment of Defense, including in support of
12
operations beyond the Korean Peninsula;
13
and
14
(iii) the impact of such a reduction on
15
military training and major military exer-
16
cises, including on interoperability and
17
joint activities with the Republic of Korea
18
and Japan.
19
(2) In the case of the completion of the transi-
20
tion of wartime operational control of the United
21
States-Republic of Korea Combined Forces Com-
22
mand from United States-led command to Republic
23
of Korea-led command, an assessment by the Sec-
24
retary of Defense, in consultation with the Com-
25
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mander of the United States Forces Korea, the
1
Commander of the United States Indo-Pacific Com-
2
mand, the Secretary of State, and the Director of
3
National Intelligence that includes—
4
(A) a description and characterization of
5
the achievement of the Republic of Korea of the
6
three required conditions set forth in the bilat-
7
erally approved conditions-based Operational
8
Control Transition Plan;
9
(B) a detailed description of the manner in
10
which a Republic of Korea-led Combined Forces
11
Command will report to national command au-
12
thorities in the United States and the Republic
13
of Korea;
14
(C) a detailed description of the planned
15
command relationship between a Republic of
16
Korea-led Combined Forces Command and the
17
United States-led United Nations Command;
18
(D) a description of consultations with
19
countries that have sent military contributions
20
to the United Nations Command;
21
(E) a description of the United States-Re-
22
public of Korea wartime operational control
23
consultations with Japan, and an assessment of
24
approaches for deconflicting military operations
25
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across the United States-Republic of Korea and
1
the United States-Japan alliances;
2
(F) an assessment of the impact of the
3
transition of wartime operational control on the
4
potential for nuclear proliferation in the Indo-
5
Pacific region; and
6
(G) an independent risk assessment by the
7
Commander of the United States Forces Korea,
8
the Commander of the United States Indo-Pa-
9
cific Command, and the Chairman of the Joint
10
Chiefs of Staff of—
11
(i) the ability of the Republic of Korea
12
to meet the conditions for the transition of
13
wartime operational control from United
14
States-led command to Republic of Korea-
15
led command; and
16
(ii) the impact of such transition on
17
the potential for nuclear proliferation in
18
the Indo-Pacific region.
19
(d) FORM.—
20
(1) CERTIFICATION.—A certification described
21
in subsection (b) shall be submitted in unclassified
22
form.
23
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(2) ASSESSMENT.—An assessment described in
1
subsection (c) shall be submitted in unclassified
2
form but may include a classified annex.
3
(e) APPROPRIATE COMMITTEES OF CONGRESS DE-
4
FINED.—In this section, the term ‘‘appropriate commit-
5
tees of Congress’’ means—
6
(1) the Committee on Armed Services, the
7
Committee on Appropriations, and the Committee on
8
Foreign Relations of the Senate; and
9
(2) the Committee on Armed Services, the
10
Committee on Appropriations, and the Committee on
11
Foreign Affairs of the House of Representatives.
12
SEC. 1234. LIMITATION ON AVAILABILITY OF FUNDS FOR
13
TRAVEL EXPENSES OF THE OFFICE OF THE
14
SECRETARY OF DEFENSE.
15
Of the funds authorized to be appropriated by this
16
Act or otherwise made available for fiscal year 2026 for
17
operation and maintenance, Defense-wide, and available
18
for the Office of the Secretary of Defense for travel ex-
19
penses, not more than 75 percent may be obligated or ex-
20
pended until the Secretary of Defense submits—
21
(1) the multi-year plan to fulfill the defensive
22
requirements of the military forces of Taiwan, also
23
known as the ‘‘Taiwan Security Assistance Road-
24
map’’, required by section 5506 of the James M.
25
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Inhofe National Defense Authorization Act for Fis-
1
cal Year 2023 (22 U.S.C. 3355);
2
(2) the independent study of the organizational
3
structure and force posture of the United States
4
Armed Forces in the area of responsibility of the
5
United States Indo-Pacific Command required by
6
section 1319 of the National Defense Authorization
7
Act for Fiscal Year 2024 (Public Law 118–31; 137
8
Stat. 500);
9
(3) the plan to reconstitute United States
10
Forces Japan as a joint force headquarters required
11
by section 1343 of the Servicemember Quality of
12
Life Improvement and National Defense Authoriza-
13
tion Act for Fiscal Year 2025 (Public Law 118–
14
159);
15
(4) the plan for Department of Defense activi-
16
ties to strengthen United States extended deterrence
17
commitments to the Republic of Korea required by
18
section 1344 of the Servicemember Quality of Life
19
Improvement and National Defense Authorization
20
Act for Fiscal Year 2025 (Public Law 118–159);
21
(5) the plan to advance trilateral defense co-
22
operation among the United States, Japan, and the
23
Republic of Korea required by section 1345 of the
24
Servicemember Quality of Life Improvement and
25
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National Defense Authorization Act for Fiscal Year
1
2025 (Public Law 118–159);
2
(6) the report on Department of Defense activi-
3
ties that would be necessary to support the potential
4
establishment of a regional contingency stockpile for
5
Taiwan required by the Joint Explanatory State-
6
ment accompanying the Servicemember Quality of
7
Life Improvement and National Defense Authoriza-
8
tion Act for Fiscal Year 2025 (Public Law 118–
9
159); and
10
(7) the report on the adequacy of the logistics
11
network in the Indo-Pacific region for supporting
12
the operational and contingency plans of the United
13
States Indo-Pacific Command required by the Joint
14
Explanatory Statement accompanying the Service-
15
member Quality of Life Improvement and National
16
Defense Authorization Act for Fiscal Year 2025
17
(Public Law 118–159).
18
SEC. 1235. BOLSTERING INDUSTRIAL RESILIENCE WITH AL-
19
LIES IN INDO-PACIFIC REGION.
20
(a) ESTABLISHMENT.—The Secretary of Defense, in
21
coordination with the Secretary of State, shall establish
22
and maintain a security cooperation initiative (referred to
23
in this section as the ‘‘Partnership’’) to strengthen co-
24
operation among the defense industrial bases of the
25
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United States and allied and partner countries in the
1
Indo-Pacific region.
2
(b) OBJECTIVES.—The objectives of the Partnership
3
shall be the following:
4
(1) To enable the production and supply of the
5
material necessary for equipping the Armed Forces
6
of the United States and the military forces of allied
7
and partner countries to achieve—
8
(A) the objectives set forth in the most re-
9
cent national security strategy report submitted
10
to Congress by the President pursuant to sec-
11
tion 108 of the National Security Act of 1947
12
(50 U.S.C. 3043);
13
(B) the policy guidance of the Secretary of
14
Defense provided pursuant to section 113(g) of
15
title 10, United States Code; and
16
(C) the future-years defense program sub-
17
mitted to Congress by the Secretary of Defense
18
pursuant to section 221 of title 10, United
19
States Code.
20
(2) To strengthen the collective defense indus-
21
trial base by expanding industrial base capability,
22
capacity, and workforce, including with respect to
23
enhanced supply chain security, interoperability, and
24
resilience among participating countries.
25
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(3) To identify and mitigate industrial base
1
vulnerabilities across partner countries.
2
(4) To advance research and development ac-
3
tivities to provide the Armed Forces of the United
4
States and the military forces of allied and partner
5
countries with systems capable of ensuring techno-
6
logical superiority over potential adversaries.
7
(5) To promote co-development, co-production,
8
and procurement collaboration in key defense sec-
9
tors.
10
(6) To promote defense innovation, improve in-
11
formation sharing, encourage standardization, re-
12
duce barriers to cooperation, and otherwise mitigate
13
potential vulnerabilities and facilitate collaboration.
14
(7) Any other matter the Secretary of Defense
15
considers appropriate.
16
(c) DESIGNATION OF SENIOR OFFICIAL.—
17
(1) IN
GENERAL.—Not later than 180 days
18
after the date of the enactment of this Act, the Sec-
19
retary of Defense shall designate a senior civilian of-
20
ficial of the Department of Defense at the Assistant
21
Secretary level or above to lead relevant efforts of
22
the Partnership, as determined by the Secretary.
23
(2) NOTIFICATION.—Not later than 30 days
24
after the date on which the Secretary of Defense
25
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makes or changes a designation under paragraph
1
(1), the Secretary shall submit to the congressional
2
defense committees a notification of such designa-
3
tion or change.
4
(d) PARTICIPATION.—The Secretary of Defense, in
5
coordination with the Secretary of State, shall establish
6
a process to determine which allies and partners of the
7
United States (including Australia, Japan, the Republic
8
of Korea, India, the Philippines, and New Zealand) shall
9
be invited to participate as member countries of the Part-
10
nership.
11
(e) AUTHORITIES.—To carry out this section, the
12
Secretary of Defense may do the following:
13
(1) Enter into agreements and memoranda of
14
understanding with appropriate counterparts from
15
participating countries.
16
(2) Establish working groups and technical ex-
17
changes.
18
(3) Provide technical assistance and capacity-
19
building support to partner countries using authori-
20
ties available to the Secretary under title 10, United
21
States Code.
22
(4) Use funds authorized to be appropriated to
23
the Department of Defense for international co-
24
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operation programs, industrial base resilience, or
1
other relevant purposes.
2
(5) Engage with industry, capital providers,
3
academia, and any other stakeholders necessary to
4
advance the objectives described in subsection (b).
5
(f) REPORT AND BRIEFING.—
6
(1) REPORT.—
7
(A) IN GENERAL.—Not later than March
8
1, 2027, and annually thereafter through 2031,
9
the Secretary of Defense shall submit to the
10
congressional defense committees a report on
11
the status and progress of the Partnership.
12
(B) ELEMENTS.—Each report required by
13
subparagraph (A) shall include the following:
14
(i) An assessment of shared industrial
15
base vulnerabilities.
16
(ii) An overview of efforts among par-
17
ticipating countries to enhance supply
18
chain integrity and resilience.
19
(iii) A description of any joint defense
20
production or co-development initiative, in-
21
cluding any such initiative involving sen-
22
sitive or classified technologies.
23
(iv) An articulation of priority initia-
24
tives for the upcoming fiscal year.
25
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(v) Recommendations for legislative,
1
regulatory, policy, or resourcing changes to
2
achieve the objectives described in sub-
3
section (b).
4
(vi) Any other matter the Secretary of
5
Defense considers appropriate.
6
(2) BRIEFING.—Not later than December 1,
7
2026, and annually thereafter through 2030, the
8
Secretary of Defense shall provide the congressional
9
defense committees with a briefing on the progress
10
made toward achieving the objectives described in
11
subsection (b).
12
(g) TERMINATION.—The authority under this section
13
shall terminate on December 31, 2030.
14
SEC. 1236. MODIFICATION OF TAIWAN SECURITY COOPERA-
15
TION INITIATIVE.
16
Section 1323(b) of the Servicemember Quality of Life
17
Improvement and National Defense Authorization Act for
18
Fiscal Year 2025 (Public Law 118–159) is amended—
19
(1) in paragraph (1)—
20
(A) by redesignating subparagraph (V) as
21
subparagraph (W);
22
(B) by inserting after subparagraph (U)
23
the following new subparagraph (V):
24
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‘‘(V) Medical equipment, supplies, and re-
1
lated combat casualty care capabilities.’’; and
2
(C) in subparagraph (W), as redesignated,
3
by striking ‘‘(U)’’ and inserting ‘‘(V)’’; and
4
(2) in paragraph (2)—
5
(A) by redesignating subparagraph (J) as
6
subparagraph (K);
7
(B) by inserting after subparagraph (I) the
8
following new subparagraph (J):
9
‘‘(J) Medical equipment, supplies, and re-
10
lated combat casualty care capabilities.’’; and
11
(C) in subparagraph (K), as redesignated,
12
by striking ‘‘(I)’’ and inserting ‘‘(J)’’.
13
SEC. 1237. JOINT PROGRAM WITH TAIWAN TO ENABLE
14
FIELDING
OF
UNCREWED
SYSTEMS
AND
15
COUNTER-UNCREWED
SYSTEMS
CAPABILI-
16
TIES.
17
(a) IN GENERAL.—Not later than March 1, 2026, the
18
Secretary of Defense, in coordination with the Secretary
19
of State, shall seek to engage with appropriate officials
20
of Taiwan in a joint program for the purpose of enabling
21
the fielding of uncrewed systems and counter-uncrewed
22
systems capabilities, including co-development and co-pro-
23
duction of such capabilities, for the Armed Forces of the
24
United States and the military forces of Taiwan, con-
25
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sistent with the Taiwan Relations Act (22 U.S.C. 3301
1
et seq.).
2
(b) USE OF AUTHORITIES.—In carrying out a joint
3
program under subsection (a), the Secretary of Defense
4
may use the authorities under title 10, United States
5
Code, and other applicable statutory authorities available
6
to the Secretary.
7
(c) REPORT.—
8
(1) IN
GENERAL.—Not later than 180 days
9
after the date of the enactment of this Act, and an-
10
nually thereafter through 2029, the Secretary of De-
11
fense, in coordination with the Secretary of State,
12
shall submit to the appropriate committees of Con-
13
gress a report on the joint program under subsection
14
(a).
15
(2) ELEMENTS.—Each report required by para-
16
graph (1) shall include, for the period covered by the
17
report, the following:
18
(A) A summary of engagements under sub-
19
section (a).
20
(B) A description of activities undertaken
21
by the Secretary of Defense and appropriate of-
22
ficials of Taiwan to enable the fielding of
23
uncrewed systems and counter-uncrewed sys-
24
tems capabilities described in subsection (a).
25
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(C) A description of progress made in fi-
1
nalizing defense trade foundational agreements
2
between the United States and Taiwan, includ-
3
ing—
4
(i) a memorandum of understanding
5
on reciprocal defense procurement;
6
(ii) a security of supply agreement;
7
(iii) an acquisition and cross-servicing
8
agreement;
9
(iv) a general security of military in-
10
formation agreement; and
11
(v) a cyber maturity model certifi-
12
cation.
13
(D) An identification of the additional re-
14
sources or authorities necessary to enable the
15
fielding of uncrewed systems and counter-
16
uncrewed systems capabilities described in sub-
17
section (a).
18
(E) Any other matter the Secretary of De-
19
fense considers appropriate.
20
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
21
FINED.—In this section, the term ‘‘appropriate commit-
22
tees of Congress’’ means—
23
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(1) the Committee on Armed Services, the
1
Committee on Appropriations, and the Committee on
2
Foreign Relations of the Senate; and
3
(2) the Committee on Armed Services, the
4
Committee on Appropriations, and the Committee on
5
Foreign Affairs of the House of Representatives.
6
SEC. 1238. REPORT ON CRITICAL DIGITAL INFRASTRUC-
7
TURE OF TAIWAN.
8
(a) IN GENERAL.—Not later than 180 days after the
9
date of the enactment of this Act, the Secretary of Defense
10
shall submit to the congressional defense committees a re-
11
port that—
12
(1) analyzes the critical digital infrastructure of
13
Taiwan in the event of a military invasion or block-
14
ade by the People’s Republic of China; and
15
(2) identifies potential Department of Defense
16
actions that could help enable the protection of such
17
infrastructure, consistent with the Taiwan Relations
18
Act (Public Law 96–8; 93 Stat. 14).
19
(b) ELEMENTS.—The report required by subsection
20
(a) shall include, at a minimum, the following:
21
(1) A description of threats to the critical dig-
22
ital infrastructure of Taiwan in the event of a mili-
23
tary invasion or blockade by the People’s Republic of
24
China.
25
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(2) A description of the critical digital infra-
1
structure capabilities of Taiwan, including—
2
(A) the type and amount of physical hard-
3
ware available to support the transfer of large
4
quantities of electronic data from Taiwan to a
5
cloud-based system or a geographic location
6
outside Taiwan; and
7
(B) the availability of resilient satellite
8
communications from low-Earth orbit constella-
9
tions and any other necessary activity relating
10
to such a transfer.
11
(3) An identification of potential Department of
12
Defense actions that could help enable the protection
13
of the critical digital infrastructure of Taiwan in the
14
event of a contingency, including—
15
(A) the pre-positioning of digital hardware
16
capabilities; and
17
(B) acquisition of cloud-based services and
18
radio frequency satellite communications.
19
(4) Recommendations for any resources or au-
20
thorities required to support the Department of De-
21
fense actions identified under paragraph (3).
22
(5) Any other matter the Secretary considers
23
appropriate.
24
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(c) CONSIDERATIONS.—The report required by sub-
1
section (a) shall take into account, at a minimum, the fol-
2
lowing:
3
(1) Lessons learned from ongoing conflicts, es-
4
pecially the war in Ukraine.
5
(2) The risks associated with making assump-
6
tions about the availability of commercial vendors in
7
the event of a military invasion or blockade of Tai-
8
wan by the People’s Republic of China.
9
(d) FORM.—The report required by subsection (a)
10
shall be submitted in classified form.
11
(e) COLLABORATION.—To support the development
12
of the report required by subsection (a), the Secretary is
13
encouraged to seek input from the following:
14
(1) Civilian executives from commercial tech-
15
nology companies that provided support to Ukraine
16
in its fight against the Russian Federation’s war of
17
aggression.
18
(2) Any other individual or agency of the Fed-
19
eral Government the Secretary considers appro-
20
priate.
21
(f) BRIEFING.—Not later than 30 days after the date
22
on which the Secretary submits the report required by
23
subsection (a), the Secretary shall provide the congres-
24
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sional defense committees with a briefing on the contents
1
of the report.
2
SEC. 1239. REPORT ON JAPANESE COUNTERSTRIKE CAPA-
3
BILITIES.
4
(a) IN GENERAL.—Not later than 180 days after the
5
date of the enactment of this Act, the Secretary of De-
6
fense, in coordination with the Secretary of State, shall
7
submit to the congressional defense committees a report
8
outlining Department of Defense efforts to support Japan
9
in the fielding of an operational counterstrike capability.
10
(b) ELEMENTS.—The report required by subsection
11
(a) shall include, at a minimum, the following:
12
(1) A description of the activities and objectives
13
of the United States-Japan Roles, Missions, and Ca-
14
pabilities Working Group with respect to the fielding
15
of an operational counterstrike capability by Japan.
16
(2) A description of the operations, activities,
17
and investments the Department is undertaking in
18
collaboration with the Government of Japan, includ-
19
ing—
20
(A) a description of progress made by the
21
United States and Japan in developing and de-
22
ploying counterstrike capabilities, including in
23
and across the First Island Chain;
24
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(B) a description of the counterstrike ca-
1
pabilities of Japan and a characterization of the
2
potential for enhancement of such capabilities;
3
and
4
(C) a description of the impediments to
5
fielding a strengthened alliance strike posture,
6
including—
7
(i) domestic legal constraints;
8
(ii) regulatory restrictions, including
9
technology and foreign disclosure con-
10
straints;
11
(iii) industrial base-driven capacity
12
limitations; and
13
(iv) political impediments;
14
(D) an articulation of the planning as-
15
sumptions underpinning the assigned and an-
16
ticipated roles, missions, and capabilities of the
17
respective counterstrike capabilities of the
18
United States and Japan;
19
(E) a description of the manner in which
20
the United States and Japan will coordinate
21
and deconflict counterstrike operations; and
22
(F) an assessment of potential alliance
23
posture changes that would support an en-
24
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hanced alliance counterstrike capability, includ-
1
ing in the First Island Chain.
2
(3) A description of the command and control
3
mechanisms and information-sharing requirements
4
needed to enable coordination and deconfliction of
5
allied counterstrike operations, including—
6
(A) the adoption of enhanced security pro-
7
tocols to ensure secure networks;
8
(B) the technical means needed to facili-
9
tate integrated planning for counterstrike oper-
10
ations; and
11
(C) the sharing of targeting information.
12
(4) An identification of challenges to the imple-
13
mentation of the operations, activities, and invest-
14
ments described in paragraph (2), and any rec-
15
ommended legislative changes, resourcing require-
16
ments, bilateral agreements, or other measures that
17
would facilitate the implementation of such oper-
18
ations, activities, and investments.
19
(c) FORM.—The report required by subsection (a)
20
shall be submitted in unclassified form but may include
21
a classified annex.
22
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SEC. 1240. REPORT ON ENHANCED SECURITY COOPERA-
1
TION WITH THE PHILIPPINES.
2
(a) IN GENERAL.—Not later than June 1, 2026, and
3
annually thereafter through 2031, the Secretary of De-
4
fense, in coordination with the Secretary of State, shall
5
submit to the appropriate committees of Congress a report
6
on enhancing United States security cooperation with the
7
Philippines.
8
(b) ELEMENTS.—Each report required by subsection
9
(a) shall include, at a minimum, the following:
10
(1) An assessment of progress with respect to
11
the implementation of the United States-Philippines
12
Bilateral Defense Guidelines.
13
(2) An organizational chart and overview of the
14
functions of the alliance management bodies that re-
15
port to the United States-Philippines Mutual De-
16
fense Board and Security Engagement Board.
17
(3) A summary of the activities and outcomes
18
of the Roles, Missions, and Capabilities Working
19
Group.
20
(4) An assessment of progress with respect to
21
the bilateral Philippines—Security Sector Assistance
22
Roadmap initiative, including a description of joint
23
capability areas under such initiative.
24
(5) A projected resourcing plan for the Phil-
25
ippines—Security Sector Assistance Roadmap initia-
26
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tive that includes the projected use of national funds
1
of the Philippines, Foreign Military Sales, Foreign
2
Military Financing, and Department of Defense
3
International Security Cooperation Program account
4
funds.
5
(6) A description of the activities and invest-
6
ments the Department will implement during the
7
five-year period beginning on the date on which the
8
report is submitted for—
9
(A) increased bilateral training, exercises,
10
combined patrols, and other activities between
11
the United States Armed Forces and the mili-
12
tary forces of the Philippines;
13
(B) enhancing multilateral security co-
14
operation and capacity-building efforts among
15
the Philippines, Japan, Australia, and other
16
foreign partners; and
17
(C) improving information-sharing mecha-
18
nisms and processes, including by adoption of
19
enhanced security protocols, under the General
20
Security of Military Information Agreement be-
21
tween the United States and the Philippines,
22
signed at Manila November 18, 2024.
23
(7) A plan for improving the infrastructure at
24
sites designated under the Agreement on Enhanced
25
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Defense Cooperation, signed at Quezon City April
1
28, 2014 (TIAS 14–625), including, for each such
2
site—
3
(A) an identification of priority facility in-
4
vestments at the site across the future-years de-
5
fense program;
6
(B) a timeline for completing area develop-
7
ment plans for the site; and
8
(C) an articulation of non-Department in-
9
vestments necessary to enable effective use of
10
the site.
11
(8) An articulation of requirements for pre-posi-
12
tioning of equipment and supplies in support of hu-
13
manitarian assistance, disaster relief, and other bi-
14
lateral activities.
15
(9) A description of the current organization of
16
the Joint United States Military Assistance Group—
17
Philippines, and an analysis of the feasibility and
18
advisability of modifying United States command
19
structures in the Philippines to more effectively—
20
(A) coordinate United States military ac-
21
tivities and operations; and
22
(B) facilitate integrated planning and im-
23
plementation of combined activities.
24
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(10) An identification of challenges to the im-
1
plementation of the activities and investments de-
2
scribed in paragraphs (1) through (9), and any rec-
3
ommended legislative changes, resourcing require-
4
ments, bilateral agreements, or other measures that
5
would facilitate the implementation of such activities
6
and investments.
7
(c) FORM.—Each report required by subsection (a)
8
shall be submitted in unclassified form but may include
9
a classified annex.
10
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
11
FINED.—In this section, the term ‘‘appropriate commit-
12
tees of Congress’’ means—
13
(1) the Committee on Armed Services and the
14
Committee on Foreign Relations of the Senate; and
15
(2) the Committee on Armed Services and the
16
Committee on Foreign Affairs of the House of Rep-
17
resentatives.
18
SEC. 1241. MODIFICATION TO ANNUAL REPORT ON MILI-
19
TARY AND SECURITY DEVELOPMENTS IN-
20
VOLVING
THE
PEOPLE’S
REPUBLIC
OF
21
CHINA.
22
Section 1202(b) of the National Defense Authoriza-
23
tion Act for Fiscal Year 2000 (Public Law 106–65; 10
24
U.S.C. 113 note) is amended—
25
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(1) by redesignating paragraph (5) as para-
1
graph (6); and
2
(2) by inserting after paragraph (4) the fol-
3
lowing new paragraph (5):
4
‘‘(5) The military and security strategy of the
5
People’s Republic of China on the Tibetan Plateau,
6
including with respect to risks posed by political and
7
regional conflicts, resource control and water-related
8
resource conflicts, and infrastructure development.’’.
9
SEC. 1242. STRATEGIC PARTNERSHIP ON DEFENSE INDUS-
10
TRIAL PRIORITIES BETWEEN THE UNITED
11
STATES AND TAIWAN.
12
The Secretary of Defense shall seek to establish a
13
partnership between the Defense Innovation Unit of the
14
Department of Defense and appropriate counterparts of
15
Taiwan—
16
(1) to enhance market opportunities for United
17
States-based and Taiwan-based defense technology
18
companies;
19
(2) to bolster Taiwan’s defense industrial base;
20
(3) to harmonize global security posture
21
through emerging technology;
22
(4) to counter the development, by the Chinese
23
Communist Party and adversarial proxy groups
24
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aligned with the Chinese Communist Party, of dual-
1
use defense technologies; and
2
(5) in coordination with appropriate counter-
3
part offices of the Ministry of National Defense of
4
Taiwan—
5
(A) to enable coordination on defense in-
6
dustrial priorities;
7
(B) to streamline emerging defense tech-
8
nology research and development;
9
(C) to establish, for defense technology
10
startups, more pathways to market; and
11
(D) to collaborate on the coordinated de-
12
velopment of dual-use defense capabilities, such
13
as the following:
14
(i) Drones.
15
(ii) Microchips.
16
(iii) Directed energy weapons.
17
(iv) Artificial intelligence.
18
(v) Missile technology.
19
(vi) Intelligence, surveillance, and re-
20
connaissance technology.
21
SEC. 1243. INVITATION TO TAIWAN TO RIM OF THE PACIFIC
22
(RIMPAC) EXERCISE.
23
(a) IN GENERAL.—The Secretary of Defense is
24
strongly encouraged to invite the naval forces of Taiwan
25
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to participate, as appropriate, in any Rim of the Pacific
1
exercise that is to take place after the date of the enact-
2
ment of this Act.
3
(b) JUSTIFICATION.—In the event a decision is made
4
not to invite the naval forces of Taiwan to participate in
5
any Rim of the Pacific exercise described in subsection (a),
6
not later than 30 days after the date on which such deci-
7
sion is made, the Secretary shall submit to the congres-
8
sional defense committees a written justification for such
9
decision.
10
SEC. 1244. EXTENSION OF INDO-PACIFIC EXTENDED DETER-
11
RENCE EDUCATION PILOT PROGRAM.
12
Section 1314(c) of the Servicemember Quality of Life
13
Improvement and National Defense Authorization Act for
14
Fiscal Year 2025 (Public Law 118–159) is amended by
15
striking ‘‘December 31, 2027’’ and inserting ‘‘December
16
31, 2030’’.
17
SEC. 1245. INCLUSION ON LIST OF CHINESE MILITARY COM-
18
PANIES OF ENTITIES ADDED TO CERTAIN
19
OTHER LISTS.
20
Section 1260H(b)(3) of the William M. (Mac) Thorn-
21
berry National Defense Authorization Act for Fiscal Year
22
2021 (Public Law 116–283; 10 U.S.C. 113 note) is
23
amended—
24
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(1) by striking ‘‘The Secretary’’ and inserting
1
the following:
2
‘‘(A) IN GENERAL.—The Secretary’’; and
3
(2) by adding at the end the following new sub-
4
paragraph:
5
‘‘(B) REVIEW
OF
ENTITIES
ON
OTHER
6
LISTS.—The Secretary shall review, for inclu-
7
sion in each annual revision under subpara-
8
graph (A) of the list required by paragraph (1),
9
each entity added, during the year preceding
10
preparation of the revision of the list, to any
11
other list maintained by the United States Gov-
12
ernment of Chinese entities subject to restric-
13
tions or scrutiny relating to concerns about
14
their activities or affiliations.’’.
15
SEC. 1246. PREVENTING CIRCUMVENTION BY CHINESE
16
MILITARY
COMPANIES
IN
THIRD-PARTY
17
COUNTRIES.
18
(a) IN GENERAL.—Section 1260H(g)(2)(B)(i)(I) of
19
the William M. ‘‘Mac’’ Thornberry National Defense Au-
20
thorization Act for Fiscal Year 2021 (Public Law 116–
21
283; 10 U.S.C. 113 note) is amended to read as follows:
22
‘‘(I) directly or indirectly owned by,
23
controlled by, or beneficially owned by, af-
24
filiated with, or in an official or unofficial
25
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capacity acting as an agent of or on behalf
1
of, the People’s Liberation Army, Chinese
2
military and paramilitary elements, secu-
3
rity forces, police, law enforcement, border
4
control, the People’s Armed Police, the
5
Ministry of State Security (MSS), or any
6
other organization subordinate to the Cen-
7
tral Military Commission of the Chinese
8
Communist Party, the Chinese Ministry of
9
Industry
and
Information
Technology
10
(MIIT), the State-Owned Assets Super-
11
vision and Administration Commission of
12
the State Council (SASAC), or the State
13
Administration of Science, Technology, and
14
Industry for National Defense (SASTIND)
15
operating inside or outside of China; or’’.
16
(b) EFFECTIVE DATE.—The amendment made by
17
subsection (a) shall take effect on the date that is one
18
year after the date of the enactment of this Act.
19
SEC. 1247. SENSE OF CONGRESS ON DEFENSE ALLIANCES
20
AND PARTNERSHIPS IN THE INDO-PACIFIC
21
REGION.
22
It is the sense of Congress that the Secretary of De-
23
fense should continue efforts that strengthen United
24
States defense alliances and partnerships in the Indo-Pa-
25
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cific region so as to further the comparative advantage of
1
the United States in strategic competition with the Peo-
2
ple’s Republic of China, including by—
3
(1) enhancing cooperation with Japan, con-
4
sistent with the Treaty of Mutual Cooperation and
5
Security Between the United States of America and
6
Japan, signed at Washington, January 19, 1960, in-
7
cluding by developing advanced military capabilities,
8
upgrading commd and control relationships, fos-
9
tering interoperability across all domains, and im-
10
proving sharing of information and intelligence;
11
(2) reinforcing the United States alliance with
12
the Republic of Korea, including by maintaining the
13
presence of approximately 28,500 members of the
14
United States Armed Forces deployed to the Repub-
15
lic of Korea, enhancing mutual defense base co-
16
operation, and affirming the United States extended
17
deterrence commitment using the full range of
18
United States defense capabilities, consistent with
19
the Mutual Defense Treaty Between the United
20
States and the Republic of Korea, signed at Wash-
21
ington, October 1, 1953, in support of the shared
22
objective of a peaceful and stable Korean Peninsula;
23
(3) fostering bilateral and multilateral coopera-
24
tion with Australia, consistent with the Security
25
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Treaty Between Australia, New Zealand, and the
1
United States of America, signed at San Francisco,
2
September, 1951, and through the partnership
3
among Australia, the United Kingdom, and United
4
States (commonly known as ‘‘AUKUS’’ )—
5
(A) to advance shared security objectives;
6
(B) to accelerate the fielding of advanced
7
military capabilities; and
8
(C) to build the capacity of emerging part-
9
ners;
10
(4) advancing United States alliances with the
11
Philippines and Thailand and United States partner-
12
ships with other partners in the Association of
13
Southeast Asian Nations to enhance maritime do-
14
main awareness, promote sovereignty and territorial
15
integrity, leverage technology and promote innova-
16
tion, and support an open, inclusive, and rules-based
17
regional architecture;
18
(5) broadening United States engagement with
19
India, including through the Quadrilateral Security
20
Dialogue—
21
(A) to advance the shared objective of a
22
free and open Indo-Pacific region through bilat-
23
eral and multilateral engagements and partici-
24
pation in military exercises, expanded defense
25
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trade, and collaboration on humanitarian aid
1
and disaster response; and
2
(B) to enable greater cooperation on mari-
3
time security;
4
(6) strengthening the United States partnership
5
with Taiwan, consistent with the Three Commu-
6
niques, the Taiwan Relations Act (Public Law 96–
7
8; 22 U.S.C. 3301 et seq.), and the Six Assurances,
8
with the goal of improving Taiwan’s defensive capa-
9
bilities and promoting peaceful cross-strait relations;
10
(7) reinforcing the status of the Republic of
11
Singapore as a Major Security Cooperation Partner
12
of the United States and continuing to strengthen
13
defense and security cooperation between the mili-
14
tary forces of the Republic of Singapore and the
15
United States Armed Forces, including through par-
16
ticipation in combined exercises and training;
17
(8) engaging with the Federated States of Mi-
18
cronesia, the Republic of the Marshall Islands, the
19
Republic of Palau, and other Pacific island coun-
20
tries, with the goal of strengthening regional secu-
21
rity and addressing issues of mutual concern, includ-
22
ing protecting fisheries from illegal, unreported, and
23
unregulated fishing;
24
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(9) collaborating with Canada, the United
1
Kingdom, France, and other members of the Euro-
2
pean Union and the North Atlantic Treaty Organi-
3
zation to build connectivity and advance a shared vi-
4
sion for the region that is principled, long-term, and
5
anchored in democratic resilience; and
6
(10) investing in enhanced military posture and
7
capabilities in the area of responsibility of the
8
United States Indo-Pacific Command and strength-
9
ening cooperation in bilateral relationships, multilat-
10
eral partnerships, and other international fora to up-
11
hold global security and shared principles, with the
12
goal of ensuring the maintenance of a free and open
13
Indo-Pacific region.
14
Subtitle E—Other Matters
15
SEC. 1251. MIDDLE EAST INTEGRATED AIR AND MISSILE
16
DEFENSE ARCHITECTURE.
17
(a) IN GENERAL.—The Secretary of Defense shall
18
continue to seek to cooperate with allies and partners in
19
the Middle East with respect to implementing an inte-
20
grated air and missile defense architecture to protect the
21
people, infrastructure, and territory of such allies and
22
partners from cruise and ballistic missiles, manned and
23
unmanned aerial systems, and rocket attacks from Iran
24
and groups linked to Iran.
25
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(b) REPORT.—
1
(1) IN
GENERAL.—Not later than May 31,
2
2026, the Secretary of Defense, in consultation with
3
the Secretary of State, shall submit to the congres-
4
sional defense committees a report on further imple-
5
mentation of an integrated air and missile defense
6
architecture in the area of responsibility of the
7
United States Central Command.
8
(2) ELEMENTS.—The report required by para-
9
graph (1) shall include the following:
10
(A) An assessment of the threat to allies
11
and partners within the area of responsibility of
12
the United States Central Command posed by
13
ballistic and cruise missiles, manned and un-
14
manned aerial systems, and rocket attacks
15
launched from Iran and by groups linked to
16
Iran.
17
(B) A description of—
18
(i) the missile defense priorities and
19
capability needs of the United States Cen-
20
tral Command with respect to defense
21
against the threats described in subpara-
22
graph (A); and
23
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(ii) the planned regional missile de-
1
fense architectures derived from such pri-
2
orities and capability needs.
3
(C) An analysis of current integrated air
4
and missile defense systems within the area of
5
responsibility of the United States Central
6
Command to defend against threats described
7
in subparagraph (A) and to meet the priorities
8
identified under subparagraph (B).
9
(D) A description of the progress made to-
10
ward addressing challenges identified in the
11
strategy required by section 1658(b) of the
12
James M. Inhofe National Defense Authoriza-
13
tion Act for Fiscal Year 2023 (Public Law
14
117–263; 136 Stat. 2951) and toward meeting
15
benchmarks set forth in such strategy.
16
(E) With respect to the defensive oper-
17
ations against aerial threats since October 7,
18
2023, the following:
19
(i) With respect to countering the
20
April 13, 2024, and October 1, 2024, bal-
21
listic missile and drone attacks by Iran
22
against Israel—
23
(I) lessons learned with respect
24
to the adequacy of data-sharing agree-
25
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ments in facilitating effective joint re-
1
sponses, and recommendations for
2
further improvements to such agree-
3
ments;
4
(II) a comparative analysis of the
5
performance of systems operated by
6
the United States and the perform-
7
ance of systems operated by Israel in
8
intercepting missiles and unmanned
9
aerial systems launched by Iran dur-
10
ing the attacks;
11
(III) an assessment of the extent
12
to which a defense provided to other
13
United States regional partners if at-
14
tacked by Iran would be similarly ef-
15
fective,
and
an
identification
of
16
changes necessary to address defi-
17
ciencies; and
18
(IV) an evaluation of the extent
19
to which the strategy required by sec-
20
tion 1658(b) of the James M. Inhofe
21
National Defense Authorization Act
22
for Fiscal Year 2023 (Public Law
23
117–263; 136 Stat. 2951) contributed
24
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to the defensive operations described
1
in this clause.
2
(ii) Lessons learned with respect to
3
countering projectiles launched by the
4
Houthis in Yemen against maritime tar-
5
gets in the area of responsibility of the
6
United States Central Command.
7
(iii) Any other such defensive oper-
8
ation the Secretary of Defense considers
9
appropriate.
10
(F) Any other matter the Secretary of De-
11
fense considers appropriate.
12
(3) FORM.—The report submitted under para-
13
graph (1) shall be submitted in unclassified form but
14
may include a classified annex.
15
(4) PROTECTION
OF
SENSITIVE
INFORMA-
16
TION.—Any activity carried out under this sub-
17
section shall be conducted in a manner that is con-
18
sistent with protection of intelligence sources and
19
methods and appropriately protects sensitive infor-
20
mation and the national security interests of the
21
United States.
22
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SEC. 1252. MODIFICATION OF PROGRAM AND PROCESSES
1
RELATING TO FOREIGN ACQUISITION.
2
Section 873 of the National Defense Authorization
3
Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat.
4
350; 10 U.S.C. 301 note) is amended—
5
(1) in subsection (a)—
6
(A) in the subsection heading, by striking
7
‘‘PILOT PROGRAM FOR’’; and
8
(B) by striking ‘‘may’’ and inserting
9
‘‘shall’’; and
10
(2) by striking subsection (f).
11
SEC. 1253. ENHANCING SECURITY PARTNERSHIP WITH JOR-
12
DAN AND LEBANON.
13
(a) IN GENERAL.—The Secretary of Defense, pursu-
14
ant to existing authorities, shall seek to provide assistance,
15
including training, equipment, logistics support, supplies,
16
and services, to the Government of Jordan and the Gov-
17
ernment of Lebanon for the purpose of supporting and
18
enhancing efforts of the military forces of Jordan and the
19
military forces of Lebanon to ensure the territorial secu-
20
rity of Jordan and Lebanon.
21
(b) PLAN.—
22
(1) IN GENERAL.—Not later than December 31,
23
2025, the Secretary of Defense, in coordination with
24
the Commander of the United States Central Com-
25
mand, and in consultation with the Secretary of
26
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State, shall submit to the congressional defense com-
1
mittees a report that describes the plan of the De-
2
partment of Defense to provide assistance under
3
subsection (a).
4
(2) ELEMENTS.—The required plan shall, at a
5
minimum, include the following elements:
6
(A) A description of the available authori-
7
ties to provide assistance described in sub-
8
section (a) to the Government of Jordan and
9
the Government of Lebanon.
10
(B) A description of the objectives of as-
11
sistance described in subsection (a), including
12
specific capabilities that such assistance seeks
13
to enhance and the recipient units of the mili-
14
tary forces of Jordan and Lebanon for such as-
15
sistance.
16
(C) An identification of any opportunities
17
to transfer military equipment, including air-
18
craft and unmanned systems, from existing in-
19
ventory of the Department of Defense to bolster
20
the capabilities of the military forces of Jordan.
21
(D) Any other matters deemed relevant by
22
the Secretary.
23
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SEC. 1254. JOINT PROGRAM OFFICE FOR NON-PROGRAMS
1
OF RECORD TO SUPPORT FOREIGN ACQUISI-
2
TION.
3
(a) ESTABLISHMENT.—Not later than 180 days after
4
the date of the enactment of this Act, the Secretary of
5
Defense shall establish and charter, within the Office of
6
the Under Secretary of Defense for Acquisition and
7
Sustainment, a Joint Program Office for Non-Programs
8
of Record (referred to in this section as the ‘‘Joint Pro-
9
gram Office’’) to support the acquisition of specified non-
10
program of record systems by approved foreign partners
11
and allies.
12
(b) STRUCTURE.—
13
(1) LEADERSHIP.—The Joint Program Office
14
shall be led by a senior executive or military flag of-
15
ficer of the Office of the Under Secretary of Defense
16
for Acquisition and Sustainment, who shall have a
17
deputy from the Defense Security Cooperation Agen-
18
cy.
19
(2) STAFFING.—The staff of the Joint Program
20
Office shall include detailees from the international
21
program offices of the military departments, the De-
22
fense Security Cooperation Agency, and the Defense
23
Technology Security Administration.
24
(c) RESPONSIBILITIES.—
25
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(1) IN GENERAL.—The Joint Program Office
1
shall be responsible for the following:
2
(A) Coordinating with allies and partners
3
to identify and procure non-program of record
4
capabilities.
5
(B) Facilitating discussions between indus-
6
try and foreign partners on new non-program-
7
of-record capabilities.
8
(C) Liaising with combatant commands to
9
identify new specified non-program of record
10
systems aligned with the strategic priorities of
11
the combatant commands for theater security
12
cooperation.
13
(D) Promoting capabilities with foreign
14
partners that align with priority capabilities for
15
the combatant commands.
16
(E) Coordinating with, and as necessary,
17
providing additional support to, the inter-
18
national program offices of the military depart-
19
ments to expedite delivery of capabilities to for-
20
eign partners and allies.
21
(F) Coordinating internal Department of
22
Defense approval processes to expedite the de-
23
livery of non-program of record capabilities.
24
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(d) BRIEFING.—Not later than 30 days after the es-
1
tablishment of the Joint Program Office, the Secretary
2
shall provide the Committees on Armed Services of the
3
Senate and the House of Representatives with a briefing
4
on the charter, responsibilities, resources, and plan of ac-
5
tivities for the Joint Program Office for the subsequent
6
fiscal year.
7
(e) SPECIFIED NON-PROGRAM OF RECORD SYSTEM
8
DEFINED.—In this section, the term ‘‘specified non-pro-
9
gram of record system’’ means a record system that does
10
not exist formally as a program of record within the De-
11
partment of Defense, including—
12
(1) an international or civil variant of a pro-
13
gram of record with nonstandard configurations, or
14
a type 1 non-program of record system;
15
(2) a prior program of record that is no longer
16
supported in United States inventory, or a type 2
17
non-program of record system;
18
(3) a program consisting of commercially devel-
19
oped munitions items, or a type 3 non-program of
20
record system;
21
(4) a program consisting of commercially devel-
22
oped dual-use items, or a type 4 non-program of
23
record system;
24
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(5) a program consisting of commercially devel-
1
oped dual-use items combined with program of
2
record elements, or a type 5 non-program of record
3
system; and
4
(6) a program consisting of commercially devel-
5
oped dual-use items with military end-use, or a type
6
6 non-program of record system.
7
SEC. 1255. EXTENSION AND MODIFICATION OF UNITED
8
STATES-ISRAEL ANTI-TUNNEL COOPERATION.
9
Section 1279 of the National Defense Authorization
10
Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is amend-
11
ed—
12
(1)
in
subsection
(b)(4),
by
striking
13
‘‘$50,000,000’’ and inserting ‘‘$80,000,000’’; and
14
(2) in subsection (f), by striking ‘‘December 31,
15
2026’’ and inserting ‘‘December 31, 2028’’.
16
SEC. 1256. EXTENSION AND MODIFICATION OF UNITED
17
STATES-ISRAEL COOPERATION TO COUNTER
18
UNMANNED AERIAL SYSTEMS.
19
Section 1278 of the National Defense Authorization
20
Act for Fiscal Year 2020 (22 U.S.C. 8606 note) is amend-
21
ed—
22
(1)
in
subsection
(b)(4),
by
striking
23
‘‘$55,000,000’’ and inserting ‘‘$75,000,000’’; and
24
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(2) in subsection (f), by striking ‘‘December 31,
1
2026’’ and inserting ‘‘December 31, 2028’’.
2
SEC. 1257. GUIDANCE FOR COORDINATION OF INTER-
3
NATIONAL ARMS TRANSFERS.
4
(a) IN GENERAL.—Not later than 180 days after the
5
date of the enactment of this Act, the Secretary of Defense
6
shall issue updated guidance, in accordance with section
7
382 of title 10, United States Code, to streamline and
8
align the roles, responsibilities, and authorities, and im-
9
prove transparency, relating to Department of Defense
10
processes for international arms transfers, including For-
11
eign Military Sales.
12
(b) ELEMENTS.—The updated guidance required by
13
subsection (a) shall do the following:
14
(1) Streamline the roles and responsibilities re-
15
lating to Department processes for international
16
arms transfers (including the Foreign Military Sales
17
and technology security and foreign disclosure proc-
18
esses) so as to ensure effective implementation of
19
such roles and responsibilities among the Under Sec-
20
retary of Defense for Policy, the Under Secretary of
21
Defense for Acquisition and Sustainment, the De-
22
fense Security Cooperation Agency, the Defense
23
Technology Security Administration, and the mili-
24
tary departments.
25
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(2) Designate a lead official, to be known as the
1
‘‘Data Czar’’, who, in coordination with the Chief
2
Digital and Artificial Intelligence Officer of the De-
3
partment of Defense, shall be responsible for col-
4
lecting, tracking, coordinating, and sharing data and
5
information on Foreign Military Sales cases for the
6
purposes of—
7
(A) facilitating transparency across the
8
Department of Defense international coopera-
9
tion enterprise (including industry and inter-
10
national partners within such enterprise and
11
components and subcomponents of the Depart-
12
ment); and
13
(B) sharing information on Foreign Mili-
14
tary Sales case development, execution, con-
15
tracting, and implementation processes.
16
(3) Develop a framework to facilitate the use of
17
the Foreign Military Sales process to deliver defense
18
articles and services to allies and partners through
19
programs other than a program of record.
20
(4) Set forth Foreign Military Sales-specific
21
guidance that—
22
(A) identifies security cooperation prior-
23
ities;
24
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(B) aligns with the United States Conven-
1
tional Arms Transfer Policy described in Na-
2
tional
Security
Presidential
Memorandum/
3
NSM-10, dated April 19, 2018;
4
(C) is informed by priorities identified in
5
the National Defense Strategy, Department
6
planning guidance, and theater campaign plans;
7
and
8
(D) takes into consideration—
9
(i) the risk factors for arms transfers
10
identified in the Arms Export Control Act
11
(22 U.S.C. 2751 et seq.); and
12
(ii) the industrial capacity for produc-
13
tion.
14
(c) BRIEFING.—Not later than 30 days after the
15
issuance of the updated guidance required by subsection
16
(a), the Secretary shall provide the Committee on Armed
17
Services and the Committee on Foreign Relations of the
18
Senate and the Committee on Armed Services and the
19
Committee on Foreign Affairs of the House of Representa-
20
tives with a briefing on the development and implementa-
21
tion of such guidance that describes the manner in which
22
the procedures set forth in the guidance will streamline,
23
and enhance the transparency of, international coopera-
24
tion processes of the Department.
25
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(d) DISSEMINATION OF FMS-SPECIFIC GUIDANCE.—
1
Not later than 180 days after the date of the enactment
2
of this Act, the Secretary shall disseminate the Foreign
3
Miliary Sales-specific guidance described in subsection
4
(a)(4) to each member of the Department of Defense
5
international cooperation enterprise.
6
SEC. 1258. REQUIREMENT TO UPDATE THE NATIONAL DIS-
7
CLOSURE POLICY.
8
(a) FRAMEWORK DEVELOPMENT.—Not later than
9
180 days after the date of the enactment of this Act, and
10
annually thereafter, the National Disclosure Policy Com-
11
mittee (in this section referred to as the ‘‘Committee’’)
12
shall develop and submit to Congress a framework for re-
13
vising and updating the National Disclosure Policy
14
(NDP–1).
15
(b) FRAMEWORK ELEMENTS.—The framework devel-
16
oped pursuant to subsection (a) shall include the following:
17
(1) A comprehensive assessment of emerging
18
and advanced defense items, including artificial in-
19
telligence, directed energy, microwave systems,
20
counter-unmanned aerial systems, missile defense,
21
machine learning, cybersecurity, quantum tech-
22
nologies, hypersonic, and autonomous systems, and
23
necessary updates to NDP–1 to enable the transfer
24
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and sharing of this technology with United States
1
allies and partners.
2
(2) Guidelines for balancing national security
3
considerations with the need to share critical infor-
4
mation and technology with allies and partners to
5
enhance interoperability and collective security.
6
(3) Recommendations for updating the NDP–1
7
to help bolster the defense industrial base and ac-
8
commodate the use of emerging and advanced de-
9
fense items in multi-domain operations, joint mili-
10
tary exercises, and allied operational requirements.
11
(4) Mechanisms to accelerate the approval proc-
12
ess for disclosures, ensuring timely and effective in-
13
formation sharing.
14
(c) IMPLEMENTATION PLAN.—
15
(1) IN
GENERAL.—Not later than one year
16
after the first submittal of the framework to Con-
17
gress pursuant to subsection (a) and on an annual
18
recurring basis thereafter, the Committee shall im-
19
plement revisions to the National Disclosure Policy
20
based on the recommendations and any future rec-
21
ommendation based upon the stakeholder engage-
22
ment in subsection (c) contained in the framework.
23
(2) REQUIREMENTS.—Revisions implemented
24
pursuant to paragraph (1) shall—
25
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(A) include specific provisions addressing
1
the secure disclosure of emerging and advanced
2
technologies to allies and partners of the United
3
States;
4
(B) establish metrics to evaluate the effec-
5
tiveness of the updated policy in enhancing se-
6
curity, interoperability, and interchangeability;
7
and
8
(C) establish a mechanism to ensure that
9
the stakeholder engagement required by sub-
10
section (c) informs revisions.
11
(d) STAKEHOLDER ENGAGEMENT.—In carrying out
12
subsections (a), (b), and (c), the Committee shall, not less
13
frequently than once every 6 months, consult with the fol-
14
lowing:
15
(1) Representatives of such governments that
16
are allies or partners of the United States as the
17
Committee considers appropriate, to gather input on
18
enhancing interoperability, interchangeability, and
19
collaborative security measures.
20
(2) Such representatives from the defense in-
21
dustry as the Committee considers appropriate, in-
22
cluding representatives from nontraditional defense
23
contractors (as defined by section 3014 of title 10,
24
United States Code).
25
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(e) ANNUAL REPORT TO CONGRESS.—The Under
1
Secretary of Defense for Policy, in coordination with the
2
Director of the Defense Technology Security Administra-
3
tion, shall submit with the budget submission each year
4
a report to Congress detailing—
5
(1) progress made in implementing the updated
6
NDP–1;
7
(2) challenges encountered and actions taken to
8
address them;
9
(3) recommendations for further updates or leg-
10
islative actions to enhance the policy;
11
(4) a description of the roles and missions of
12
the committees and subcommittees of the Depart-
13
ment of Defense’s Technology Security and Foreign
14
Disclosure enterprise and a detailed explanation of
15
how these bodies report back to the Arms Transfer
16
and Technology Release Senior Steering Group; and
17
(5) an explanation of negative determinations of
18
technology.
19
(f) CLASSIFIED ANNEX.—If necessary, the annual re-
20
port shall include a classified annex to address sensitive
21
national security information.
22
(g) UNCLASSIFIED PUBLIC ANNEX.—The submission
23
shall include a publicly releasable annex to be made avail-
24
able upon submission of the report to Congress.
25
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SEC. 1259. IMPROVEMENTS TO SECURITY COOPERATION
1
WORKFORCE
AND
DEFENSE
ACQUISITION
2
WORKFORCE.
3
(a) RESPONSIBILITIES
OF
SECRETARY
OF
DE-
4
FENSE.—
5
(1) IN
GENERAL.—The Secretary of Defense
6
shall, consistent with the requirements of section
7
384 of title 10, United States Code, seek to ensure
8
that—
9
(A) members of the defense acquisition
10
workforce involved in the foreign military sales
11
process—
12
(i) are aware of evolving United
13
States regional and country-level defense
14
capability-building priorities; and
15
(ii) coordinate with the security co-
16
operation workforce to enhance responsive-
17
ness to foreign partner requests and capa-
18
bility-building priorities; and
19
(B) members of the defense acquisition
20
workforce are professionally evaluated using
21
metrics to measure—
22
(i) adherence to meeting the foreign
23
capability requirements identified in De-
24
partment of Defense strategy documents;
25
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(ii) responsiveness to foreign partner
1
requests;
2
(iii) ability to meet foreign partner ca-
3
pability and delivery schedule require-
4
ments; and
5
(iv) advancement of foreign capability-
6
building priorities described in the guid-
7
ance updated under subsection (b).
8
(b) GUIDANCE.—
9
(1) IN
GENERAL.—Not later than 180 days
10
after the date of the enactment of this Act, the Sec-
11
retary of Defense shall update, as necessary, De-
12
partment of Defense guidance governing the execu-
13
tion of foreign military sales by the Department to
14
ensure that such guidance—
15
(A) incorporates priorities of the National
16
Security Strategy and the National Defense
17
Strategy associated with foreign partner con-
18
tributions;
19
(B) is informed by the theater campaign
20
plans and theater security cooperation strate-
21
gies of the combatant commands;
22
(C) incorporates timeline prioritization of
23
purchasers with a special designation; and
24
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(D) is disseminated to the security co-
1
operation workforce and the defense acquisition
2
workforce.
3
(2) ELEMENTS.—The updated guidance re-
4
quired by paragraph (1) shall—
5
(A) identify—
6
(i) regional and country-level foreign
7
defense capability-building priorities; and
8
(ii) levels of urgency and desired
9
timelines for achieving foreign capability-
10
building objectives; and
11
(B) provide guidance to the defense acqui-
12
sition workforce regarding levels of resourcing,
13
innovation, and risk tolerance that should be
14
considered in meeting urgent needs.
15
(3) PURCHASER WITH A SPECIAL DESIGNATION
16
DEFINED.—In this subsection, the term ‘‘purchaser
17
with a special designation’’ means Israel, Japan, the
18
Republic of Korea, New Zealand, the Philippines,
19
Thailand, Taiwan, member countries of the North
20
Atlantic Treaty Organization, major defense part-
21
ners, major security partners, and eligible pur-
22
chasers that are members of the national technology
23
and industrial base.
24
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(c) FOREIGN MILITARY SALES CONTINUOUS PROC-
1
ESS IMPROVEMENT BOARD.—Section 1210(b) of the Serv-
2
icemember Quality of Life Improvement and National De-
3
fense Authorization Act for Fiscal Year 2025 (Public Law
4
118–159) is amended to read as follows:
5
‘‘(b) FOREIGN MILITARY SALES CONTINUOUS PROC-
6
ESS IMPROVEMENT BOARD.—
7
‘‘(1) ESTABLISHMENT.—The Secretary of De-
8
fense shall establish a Foreign Military Sales Con-
9
tinuous Process Improvement Board (in this section
10
referred to as the ‘Board’) to serve as an enduring
11
governance structure within the Department of De-
12
fense that reports to the Secretary on matters relat-
13
ing to the foreign military sales process so as to en-
14
hance accountability and continuous improvement
15
within the Department, including the objectives of—
16
‘‘(A) improving the understanding, among
17
officials of the Department, of ally and partner
18
requirements;
19
‘‘(B) enabling efficient reviews for release
20
of technology;
21
‘‘(C) providing ally and partner countries
22
with relevant priority equipment;
23
‘‘(D) accelerating acquisition and con-
24
tracting support;
25
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‘‘(E) expanding the capacity of the defense
1
industrial base;
2
‘‘(F) working with other departments and
3
agencies to promote broad United States Gov-
4
ernment support; and
5
‘‘(G) any other matters determined by the
6
Secretary to be relevant to the Board.
7
‘‘(2) MEMBERSHIP.—
8
‘‘(A) IN GENERAL.—The Board shall be
9
composed of not fewer than 7 members, each of
10
whom shall have expertise in security coopera-
11
tion, security assistance, defense acquisition,
12
business process reform, or any disciplines the
13
Secretary determines to be important to the
14
functioning of the Board.
15
‘‘(B) CERTAIN MEMBERS.—
16
‘‘(i) IN GENERAL.—Of the members
17
of the Board, 3 such members shall be in-
18
dividuals who are not—
19
‘‘(I) officers or employees of the
20
Department of Defense;
21
‘‘(II) members of the United
22
States Armed Forces; or
23
‘‘(III) registered as a foreign
24
agent or registered lobbyists.
25
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‘‘(ii) CLEARANCE.—Each member of
1
the Board described in this subparagraph
2
shall be appropriately cleared for security
3
risks.
4
‘‘(3) INAPPLICABILITY
OF
FACA.—The Board
5
shall not be subject to chapter 10 of title 5, United
6
States Code (commonly referred to as the ‘Federal
7
Advisory Committee Act’).
8
‘‘(4) SUNSET.—This subsection shall terminate
9
on December 31, 2030.’’.
10
(d) DEFINITIONS.—In this section:
11
(1) DEFENSE ACQUISITION WORKFORCE.—The
12
term ‘‘defense acquisition workforce’’ means the De-
13
partment of Defense acquisition workforce described
14
in chapter 87 of title 10, United States Code.
15
(2) SECURITY
COOPERATION
WORKFORCE.—
16
The term ‘‘security cooperation workforce’’ has the
17
meaning given the term in section 384 of title 10,
18
United States Code.
19
SEC. 1260. EXPANSION OF COUNTRY PRIORITIZATION.
20
With respect to foreign military sales to Israel,
21
Japan, the Republic of Korea, the Philippines, Taiwan,
22
member countries of the North Atlantic Treaty Organiza-
23
tion, major defense partners, and eligible purchasers that
24
are members of the national technology and industrial
25
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base, the Secretary of Defense may assign a Defense Pri-
1
orities and Allocations System order rating.
2
SEC. 1261. STREAMLINING AND EXPEDITING SALES OF DE-
3
FENSE ARTICLES AND SERVICES.
4
(a) ACQUISITION STRATEGIES.—
5
(1) IN GENERAL.—With respect to purchasers
6
with a special designation, the Secretary of Defense
7
shall establish a requirement that, in developing let-
8
ters of offer and acceptance, the acquisition program
9
office of each military department shall develop, at
10
program inception—
11
(A) an acquisition strategy that documents
12
the standard acquisition path; and
13
(B) an acquisition strategy that documents
14
the fastest acquisition path.
15
(2) ASSOCIATED RISK.—In developing each ac-
16
quisition strategy required by subparagraphs (A)
17
and (B) of paragraph (1), the acquisition program
18
office of the military department concerned shall—
19
(A) measure, and justify with respect to
20
the urgency of delivering a capability in full or
21
in phases, the associated risk, risk mitigation,
22
and risk cost;
23
(B) in the case of a sole-source program
24
that is not a program of record, transparently
25
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consult with the prime contractor to seek con-
1
sensus on cost and schedule; and
2
(C) provide, in coordination with the ap-
3
propriate regional directorate of the Office of
4
the Under Secretary of Defense for Policy and
5
the Director of the Defense Security Coopera-
6
tion Agency, to the acquisition leadership of
7
such military department a briefing on the re-
8
sults of the measurements under subparagraph
9
(A) and the consultation under subparagraph
10
(B).
11
(3) DECISION.—Not later than 30 days after
12
the date of a briefing under paragraph (2)(C), the
13
acquisition leadership of the military department
14
concerned shall issue a decision with respect to the
15
acquisition strategy selected.
16
(b) INPUT FROM PURCHASER WITH SPECIAL DES-
17
IGNATION.—
18
(1) IN
GENERAL.—The Secretary of Defense
19
shall ensure that, in the development of acquisition
20
strategies for purchasers with a special designation
21
under subsection (a), the purchaser with a special
22
designation is provided an opportunity to provide
23
input with respect to risk tolerance.
24
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(2) INFORMATION SHARING.—In carrying out
1
paragraph (1), the Secretary of Defense shall ensure
2
that a purchaser with a special designation is briefed
3
on risks identified, alternate approaches that may be
4
taken, and the schedule, cost, and capability trade-
5
offs associated with such alternate approaches.
6
(3) INCLUSION IN BRIEFING.—Purchaser input
7
gathered under this paragraph shall be included in
8
the briefing required by subsection (a)(2)(C) and ap-
9
propriately weighed in making a final decision with
10
respect to the appropriate acquisition approach.
11
(c) AGREEMENTS WITH MANUFACTURERS.—
12
(1) IN GENERAL.—A United States prime con-
13
tractor may enter into a covered agreement with a
14
manufacturer to begin the process of acquiring long-
15
lead Government-furnished equipment, including
16
sensitive and closely controlled items such as com-
17
munications security devices, military grade GPS,
18
and anti-spoofing devices, on forecast prior to the
19
execution of a signed commercial contract or
20
issuance of a letter of offer and acceptance.
21
(2) COVERED AGREEMENT DEFINED.—In this
22
subsection, the term ‘‘covered agreement’’ means an
23
agreement between a United States prime contractor
24
and a manufacturer pursuant to which—
25
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(A) the prime contractor, in anticipation of
1
a foreign military sale, contracts for the pro-
2
duction by the manufacturer of one or more ar-
3
ticles that will be supplied to the prime con-
4
tractor as government-furnished equipment
5
prior to execution of a signed commercial con-
6
tract or issuance of a letter of offer and accept-
7
ance in connection with such sale;
8
(B) the parties agree to the allocation of
9
risks, obligations, profits, and costs in the event
10
the anticipated foreign military sale does not
11
occur, including whether the articles manufac-
12
tured under the agreement are retained by the
13
manufacturer for eventual supply to the prime
14
contractor or a third party in connection with
15
a future foreign military sale or other trans-
16
action; and
17
(C) the United States Government as-
18
sumes no liability with respect to either party
19
in the event the anticipated foreign military sale
20
does not occur.
21
(3) DEPARTMENT OF DEFENSE POLICY.—
22
(A) IN GENERAL.—The Secretary of De-
23
fense shall implement policies, and ensure that
24
the head of each military department imple-
25
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ments policies, that allow United States prime
1
contractors to enter into covered agreements
2
with manufacturers of Government-furnished
3
equipment.
4
(B) ELEMENTS.—The policies required by
5
subparagraph (A) shall require that—
6
(i) United States prime contractors
7
shall be responsible for—
8
(I) negotiating directly with the
9
manufacturer
of
Government-fur-
10
nished equipment, including with re-
11
spect to the terms and conditions de-
12
scribed in paragraph (2)(B); and
13
(II) providing any payment to
14
such manufacturer; and
15
(ii) transfer of Government-furnished
16
equipment from such manufacturer to the
17
primary contractor shall not occur until
18
the date on which a letter of offer and ac-
19
ceptance or commercial contract is pro-
20
duced.
21
(4) RULE OF CONSTRUCTION.—Nothing in this
22
subsection shall be construed as authorizing, requir-
23
ing, or providing for the United States Government
24
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to assume any liability or other financial responsi-
1
bility with respect to a covered agreement.
2
(d) PURCHASER WITH A SPECIAL DESIGNATION DE-
3
FINED.—In this section, the term ‘‘purchaser with a spe-
4
cial designation’’ means Israel, Japan, the Republic of
5
Korea, New Zealand, the Philippines, Thailand, Taiwan,
6
member countries of the North Atlantic Treaty Organiza-
7
tion, major defense partners, major security partners, and
8
eligible purchasers that are members of the national tech-
9
nology and industrial base.
10
SEC. 1262. REDESIGNATION OF THE AFRICA CENTER FOR
11
STRATEGIC
STUDIES
AS
THE
JAMES
M.
12
INHOFE
CENTER
FOR
AFRICA
SECURITY
13
STUDIES.
14
(a) IN GENERAL.—The Department of Defense re-
15
gional center for security studies known as the Africa Cen-
16
ter for Strategic Studies is hereby redesignated as the
17
‘‘James M. Inhofe Center for Africa Security Studies’’.
18
(b) CONFORMING AMENDMENTS.—
19
(1) REFERENCE TO REGIONAL CENTERS FOR
20
STRATEGIC STUDIES.—Section 342(b)(2)(D) of title
21
10, United States Code, is amended by striking ‘‘Af-
22
rica Center for Strategic Studies’’ and inserting
23
‘‘James M. Inhofe Center for Africa Security Stud-
24
ies’’.
25
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(2) ACCEPTANCE OF GIFTS AND DONATIONS.—
1
Section 2611(a)(2)(D) of title 10, United States
2
Code, is amended by striking ‘‘Africa Center for
3
Strategic Studies’’ and inserting ‘‘James M. Inhofe
4
Center for Africa Security Studies’’.
5
(3) PROVISION
OF
CERTAIN
ASSISTANCE
TO
6
SUDAN.—Section 1270A(b)(1) of the Sudan Demo-
7
cratic Transition, Accountability, and Fiscal Trans-
8
parency Act of 2020 (22 U.S.C. 10010(b)(1)) is
9
amended by striking ‘‘Africa Center for Strategic
10
Studies’’ and inserting ‘‘James M. Inhofe Center for
11
Africa Security Studies’’.
12
(c) REFERENCES.—Any reference to the Department
13
of Defense Africa Center for Strategic Studies in any law,
14
regulation, map, document, record, or other paper of the
15
United States shall be deemed to be a reference to the
16
James M. Inhofe Center for Africa Security Studies.
17
SEC. 1263. ESTABLISHMENT OF PROGRAM TO PROMOTE
18
PARTICIPATION OF FOREIGN STUDENTS IN
19
THE SENIOR RESERVE OFFICERS’ TRAINING
20
CORPS.
21
(a) ESTABLISHMENT.—
22
(1) IN GENERAL.—Not later than January 1,
23
2027, the Secretary of Defense shall establish a pro-
24
gram using the authority provided under section
25
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2103(b) of title 10, United States Code, to promote
1
the participation of foreign students in the Senior
2
Reserve Officers’ Training Corps (in this section re-
3
ferred to as the ‘‘Program’’).
4
(2) ORGANIZATION.—The Secretary of Defense,
5
in consultation with the Director of the Defense Se-
6
curity Cooperation Agency, the Secretaries of the
7
military departments, the commanders of the com-
8
batant commands, the participant institutions in the
9
Senior Reserve Officers’ Training Corps program,
10
and any other individual the Secretary of Defense
11
considers appropriate, shall be responsible for, and
12
shall oversee, the Program.
13
(b) OBJECTIVE.—The objective of the Program is to
14
promote the readiness and interoperability of the United
15
States Armed Forces and the military forces of partner
16
countries by providing a high-quality, cost effective mili-
17
tary-based educational experience for foreign students in
18
furtherance of the military-to-military program objectives
19
of the Department of Defense and to enhance the edu-
20
cational experience and preparation of future United
21
States military leaders through increased, extended inter-
22
action with highly qualified potential foreign military lead-
23
ers.
24
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(c) ACTIVITIES.—Under the Program, the Secretary
1
of Defense shall—
2
(1) identify to the military services’ Senior Re-
3
serve Officers’ Training Corps program the foreign
4
students who, based on criteria established by the
5
Secretary, the Secretary recommends be considered
6
for admission under the Program;
7
(2) coordinate with partner countries to evalu-
8
ate interest in and promote awareness of the Pro-
9
gram;
10
(3) establish a mechanism for tracking an
11
alumni network of foreign students who participate
12
in the Program; and
13
(4) to the extent practicable, work with the par-
14
ticipant institutions in the Senior Reserve Officers’
15
Training Corps program and partner countries to
16
identify academic institutions and programs that—
17
(A) have specialized academic programs in
18
areas of study or interest to participating coun-
19
tries; or
20
(B) have high participation from or signifi-
21
cant diaspora populations from participating
22
countries.
23
(d) STRATEGY.—
24
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(1) IN GENERAL.—Not later than September
1
30, 2026, the Secretary of Defense shall submit to
2
the Committees on Armed Services of the Senate
3
and the House of Representatives a strategy for the
4
implementation of the Program.
5
(2) ELEMENTS.—The strategy required by
6
paragraph (1) shall include the following elements:
7
(A) A governance structure for the Pro-
8
gram, including—
9
(i) the officials tasked to oversee the
10
Program;
11
(ii) the format of the governing body
12
of the Program;
13
(iii) the functions and duties of such
14
governing body with respect to establishing
15
and maintaining the Program; and
16
(iv) mechanisms for coordinating with
17
partner countries whose students are se-
18
lected to participate in the Program.
19
(B) A list of additional authorities, appro-
20
priations, or other congressional support nec-
21
essary to ensure the success of the Program.
22
(C) A description of targeted partner coun-
23
tries and participant institutions in the Senior
24
Reserve Officers’ Training Corps for the first
25
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three fiscal years of the Program, including a
1
rationale for selecting such initial partners.
2
(D) A description of opportunities and po-
3
tential timelines for future Program expansion,
4
as appropriate.
5
(E) A description of the mechanism for
6
tracking the alumni network of participants of
7
the Program.
8
(F) Any other information the Secretary of
9
Defense considers appropriate.
10
(e) REPORT.—
11
(1) IN GENERAL.—Not later than September
12
20, 2027, and annually thereafter, the Secretary of
13
Defense shall submit to the congressional defense
14
committees a report on the Program.
15
(2) ELEMENTS.—Each report required by para-
16
graph (1) shall include the following elements:
17
(A) A narrative summary of activities con-
18
ducted as part of the Program during the pre-
19
ceding fiscal year.
20
(B) An overview of participant Senior Re-
21
serve Officers’ Training Corps programs, indi-
22
viduals, and countries, to include a description
23
of the areas of study entered into by the stu-
24
dents participating in the Program.
25
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(C) A description of opportunities and po-
1
tential timelines for future Program expansion,
2
as appropriate.
3
(D) Any other information the Secretary of
4
Defense considers appropriate.
5
(f) LIMITATION ON AUTHORITY.—The Secretary of
6
Defense may not use the authority provided under this
7
section to pay for tuition or room and board for foreign
8
students who participate in the Program.
9
(g) TERMINATION.—The Program shall terminate on
10
December 31, 2031.
11
SEC. 1264. MODIFICATION OF AUTHORITY FOR ASSISTANCE
12
IN SUPPORT OF DEPARTMENT OF DEFENSE
13
ACCOUNTING FOR MISSING UNITED STATES
14
GOVERNMENT PERSONNEL.
15
Section 408(a) of title 10, United States Code, is
16
amended by inserting ‘‘, and procure goods and services
17
from,’’ after ‘‘assistance to’’.
18
TITLE XIII—COOPERATIVE
19
THREAT REDUCTION
20
SEC. 1301. COOPERATIVE THREAT REDUCTION FUNDS.
21
(a) FUNDING ALLOCATION.—Of the $282,830,000
22
authorized to be appropriated to the Department of De-
23
fense for fiscal year 2026 in section 301 and made avail-
24
able by the funding table in division D for the Department
25
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of Defense Cooperative Threat Reduction Program estab-
1
lished under section 1321 of the Department of Defense
2
Cooperative Threat Reduction Act (50 U.S.C. 3711), the
3
following amounts may be obligated for the purposes spec-
4
ified:
5
(1) For strategic offensive arms elimination,
6
$6,249,000.
7
(2)
For
chemical
weapons
destruction,
8
$25,292,000.
9
(3) For global nuclear security, $38,134,000.
10
(4) For cooperative biological engagement,
11
$137,686,000.
12
(5) For proliferation prevention, $47,146,000.
13
(6) For activities designated as Other Assess-
14
ments/Administrative Costs, $28,323,000.
15
(b) SPECIFICATION OF COOPERATIVE THREAT RE-
16
DUCTION FUNDS.—Funds appropriated pursuant to the
17
authorization of appropriations in section 301 and made
18
available by the funding table in division D for the Depart-
19
ment of Defense Cooperative Threat Reduction Program
20
shall be available for obligation for fiscal years 2026,
21
2027, and 2028.
22
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TITLE XIV—OTHER
1
AUTHORIZATIONS
2
Subtitle A—Military Programs
3
SEC. 1401. WORKING CAPITAL FUNDS.
4
Funds are hereby authorized to be appropriated for
5
fiscal year 2026 for the use of the Armed Forces and other
6
activities and agencies of the Department of Defense for
7
providing capital for working capital and revolving funds,
8
as specified in the funding table in section 4501.
9
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC-
10
TION, DEFENSE.
11
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
12
are hereby authorized to be appropriated for the Depart-
13
ment of Defense for fiscal year 2026 for expenses, not oth-
14
erwise provided for, for Chemical Agents and Munitions
15
Destruction, Defense, as specified in the funding table in
16
section 4501.
17
(b) USE.—Amounts authorized to be appropriated
18
under subsection are authorized for—
19
(1) the destruction of lethal chemical agents
20
and munitions in accordance with section 1412 of
21
the Department of Defense Authorization Act, 1986
22
( 50 U.S.C. 1521); and
23
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(2) the destruction of chemical warfare materiel
1
of the United States that is not covered by section
2
1412 of such Act.
3
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC-
4
TIVITIES, DEFENSE-WIDE.
5
Funds are hereby authorized to be appropriated for
6
the Department of Defense for fiscal year 2026 for ex-
7
penses, not otherwise provided for, for Drug Interdiction
8
and Counter-Drug Activities, Defense-wide, as specified in
9
the funding table in section 4501.
10
SEC. 1404. DEFENSE INSPECTOR GENERAL.
11
Funds are hereby authorized to be appropriated for
12
the Department of Defense for fiscal year 2026 for ex-
13
penses, not otherwise provided for, for the Office of the
14
Inspector General of the Department of Defense, as speci-
15
fied in the funding table in section 4501.
16
SEC. 1405. DEFENSE HEALTH PROGRAM.
17
Funds are hereby authorized to be appropriated for
18
fiscal year 2026 for the Defense Health Program for use
19
of the Armed Forces and other activities and agencies of
20
the Department of Defense for providing for the health
21
of eligible beneficiaries, as specified in the funding table
22
in section 4501.
23
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Subtitle B—National Defense
1
Stockpile
2
SEC. 1411. MODIFICATIONS TO STRATEGIC AND CRITICAL
3
MATERIALS STOCK PILING ACT.
4
(a) MODIFICATION OF DISPOSAL AUTHORITY.—
5
(1) IN GENERAL.—Section 5(b) of the Strategic
6
and Critical Materials Stock Piling Act (50 U.S.C.
7
98d(b)) is amended—
8
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’;
9
(B) by striking ‘‘or (5)’’ and inserting ‘‘or
10
(6)’’;
11
(C) by striking ‘‘has been specifically au-
12
thorized by law’’ and inserting ‘‘was included in
13
the most recent annual materials plan sub-
14
mitted to the congressional defense committees
15
(as defined in section 101(a) of title 10, United
16
States Code) under section 11(b)(1)(G)’’; and
17
(D) by adding at the end the following new
18
paragraph:
19
‘‘(2) Not later than 15 days after making a disposal
20
under paragraph (1), the National Defense Stockpile Man-
21
ager shall notify the congressional defense committees of
22
the disposal.’’.
23
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(2) TECHNICAL
AND
CONFORMING
AMEND-
1
MENTS.—Section 6(a) of such Act (50 U.S.C.
2
98e(a)) is amended—
3
(A) in the matter preceding paragraph (1),
4
by striking ‘‘President’’ and inserting ‘‘National
5
Defense Stockpile Manager’’; and
6
(B) by amending paragraph (7) to read as
7
follows:
8
‘‘(7) dispose of materials in the stockpile in ac-
9
cordance with the most recent annual materials plan
10
submitted to the congressional defense committees
11
under section 11(b)(1)(G) and notify the congres-
12
sional defense committees of such disposals as re-
13
quired by section 5(b)(2).’’.
14
(b) REDUCTION
OF
WAIT
PERIODS.—Sections
15
5(a)(2), 6(d)(1), and 6(d)(2) of such Act (50 U.S.C.
16
98d(a)(2), 98e(d)(1), 98e(d)(2)) are each amended by
17
striking ‘‘45 days’’ and inserting ‘‘30 days’’.
18
Subtitle C—Other Matters
19
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR
20
ARMED FORCES RETIREMENT HOME.
21
There is hereby authorized to be appropriated for fis-
22
cal year 2026 from the Armed Forces Retirement Home
23
Trust Fund the sum of $77,000,000 for the operation of
24
the Armed Forces Retirement Home.
25
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TITLE
XV—SPACE
ACTIVITIES,
1
STRATEGIC PROGRAMS, AND
2
INTELLIGENCE MATTERS
3
Subtitle A—Space Activities
4
SEC. 1501. DELAY IN IMPLEMENTATION OF ENVIRON-
5
MENTAL ASSESSMENT FOR ROCKET CARGO
6
TEST AND DEMONSTRATION AT JOHNSTON
7
ATOLL.
8
The preparation of the Notice of Intent to prepare
9
an Environmental Assessment for Rocket Cargo Test and
10
Demonstration at Johnston Atoll, United States (Dem-
11
onstration at Johnston Atoll, United States (EAXX-007-
12
57-USF-1728497279, March 3, 2025)) shall not be effec-
13
tive until further modification includes consideration of
14
the Ronald Reagan Ballistic Missile Defense Test Site,
15
United States Army Garrison–Kwajalein Atoll, Republic
16
of the Marshall Islands. Such environmental impact anal-
17
ysis shall also include a comparison of estimated costs for
18
supporting the collection of essential testing data at each
19
location.
20
SEC. 1502. STUDY ON FUTURE SPACE LAUNCH CAPACITY.
21
(a) IN GENERAL.—The Secretary of Defense shall
22
conduct a study to assess the operational capacity, infra-
23
structure, and long-term sustainability of heavy and super
24
heavy space launch sites at Cape Canaveral Space Force
25
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Station and Vandenberg Space Force Base, with a focus
1
on evaluating the suitability of such sites for ongoing and
2
future missions, and to explore alternate launch locations
3
that may offer advantages with respect to mission-effi-
4
ciency, cost-effectiveness, and strategic value.
5
(b) ELEMENTS.—The study required by subsection
6
(a) shall include the following:
7
(1) An analysis of the current capacity and use
8
of the heavy and super heavy space launch sites at
9
Cape Canaveral Space Force Station and Vanden-
10
berg Space Force Base, including existing infra-
11
structure, launch frequencies, and operational effi-
12
ciency.
13
(2) A detailed evaluation of the infrastructure
14
at Cape Canaveral Space Force Station and Vanden-
15
berg Space Force Base, including transportation ac-
16
cess, environmental considerations, safety protocols,
17
the adequacy of current facilities to support heavy
18
and super heavy space launches, and the estimated
19
costs of maintaining and upgrading such infrastruc-
20
ture.
21
(3) A review of environmental regulations, poli-
22
cies, and potential impacts related to heavy and
23
super heavy space launches at Cape Canaveral Space
24
Force Station and Vandenberg Space Force Base,
25
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including any limitations or challenges imposed by
1
Federal, State, or local regulations and an evalua-
2
tion of potential strategies to mitigate adverse envi-
3
ronmental effects.
4
(4) A comparative analysis of alternate loca-
5
tions for heavy and super heavy space launches, in-
6
cluding sites on Federal lands, private land partner-
7
ships, and locations outside the continental United
8
States. Such analysis shall consider geographic, envi-
9
ronmental, logistical, and regulatory factors that
10
may make alternate locations viable or advan-
11
tageous, including cost comparisons and potential
12
challenges in establishing infrastructure at such lo-
13
cations.
14
(5) An examination of the manner in which
15
Cape Canaveral Space Force Station, Vandenberg
16
Space Force Base, and any potential alternate loca-
17
tions align with national defense and space explo-
18
ration goals, including launch site proximity to key
19
orbital paths, security considerations, and redun-
20
dancy for critical missions.
21
(6) An exploration of the manner in which ad-
22
vancements in space launch technology, including re-
23
usable launch vehicles and space traffic manage-
24
ment, could influence the future demand and oper-
25
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ational needs for heavy and super heavy space
1
launch sites.
2
(7) An assessment of any innovative tech-
3
nologies that could enhance the capacity or reduce
4
the environmental impact of existing or alternate
5
heavy and super heavy space launch sites.
6
(8) A financial analysis of the long-term costs
7
associated with the use and maintenance of Cape
8
Canaveral Space Force Station and Vandenberg
9
Space Force Base for heavy and super heavy space
10
launches, and the estimated costs for establishing
11
and operating alternative heavy and super heavy
12
space launch sites. Such analysis shall include con-
13
siderations applicable to Government funding, pri-
14
vate sector partnerships, and cost-sharing models.
15
(c) CONSULTATION.—The study required by sub-
16
section (a) shall be conducted in consultation with relevant
17
stakeholders, including commercial space industry rep-
18
resentatives, environmental agencies, and local govern-
19
ments.
20
(d) REPORT.—
21
(1) IN GENERAL.—Not later than March 31,
22
2026, the Secretary of Defense shall submit to the
23
Committees on Armed Services of the Senate and
24
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the House of Representatives a report on the find-
1
ings of the study required by subsection (a).
2
(2) ELEMENTS.—The report required by para-
3
graph (1) shall include the following:
4
(A) Recommendations on the future use of
5
heavy and super heavy space launch sites at
6
Cape Canaveral Space Force Station, Vanden-
7
berg Space Force Base, and alternate locations.
8
(B) A summary of findings and rec-
9
ommendations on the continued use of Cape
10
Canaveral Space Force Station and Vandenberg
11
Space Force Base for heavy and super heavy
12
space launches.
13
(C) A detailed analysis of alternate launch
14
sites, including strategic, operational, and fi-
15
nancial considerations.
16
(D) Policy recommendations for addressing
17
infrastructure needs, environmental concerns,
18
and regulatory challenges for heavy and super
19
heavy space launch operations.
20
(E) A summary of stakeholder input and
21
any proposed legislative or regulatory changes
22
based on the findings of the study.
23
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SEC. 1503. ACQUISITION AND OPERATION OF SPACE SYS-
1
TEMS FOR SPACE WARFIGHTING AND CON-
2
TROL.
3
(a) IN GENERAL.—The Secretary of Defense shall ac-
4
quire and operate space systems to be used primarily for
5
space warfighting and control to meet the requirements
6
specified by one or more combatant commanders in car-
7
rying out the responsibilities set forth in section 164 of
8
title 10, United States Code.
9
(b) ROLE OF COMMERCIAL SPACE SYSTEMS.—One or
10
more commercial space systems may be used to augment
11
the space systems acquired and operated under subsection
12
(a).
13
(c) NATIONAL SECURITY WAIVER.—
14
(1) IN
GENERAL.—The Secretary may waive
15
the application of subsection (a) if the Secretary de-
16
termines that such a waiver is in the national secu-
17
rity interest of the United States.
18
(2) NOTIFICATION.—Not later than 10 days
19
after exercising the waiver authority under para-
20
graph (a), the Secretary shall submit to the congres-
21
sional defense committees a notification of the use of
22
such authority that includes—
23
(A) a description of the national security
24
interest upon which the exercise of such author-
25
ity is based;
26
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(B) the anticipated vulnerabilities to na-
1
tional security posed by the use of such waiver;
2
and
3
(C) the anticipated duration of such waiv-
4
er.
5
SEC. 1504. BLAST DAMAGE ASSESSMENT GUIDE FOR SPACE
6
VEHICLES AT AIR FORCE LAUNCH COM-
7
PLEXES.
8
(a) IN GENERAL.—Not later than one year after the
9
date of the enactment of this Act, the Secretary of the
10
Air Force shall publish a liquid oxygen and methane blast
11
damage assessment guide for space launch vehicles at Air
12
Force launch complexes.
13
(b) NOTICE AND BRIEFING.—Not later than 30 days
14
after the date on which the assessment guide required by
15
subsection (a) is published, the Secretary shall—
16
(1) notify the congressional defense committees
17
of such publication; and
18
(2) provide the congressional defense commit-
19
tees with a briefing on the contents of the assess-
20
ment guide.
21
(c) WAIVER.—
22
(1) IN
GENERAL.—The Secretary may waive
23
the one-year publication timeline under subsection
24
(a) for national security purposes, or if the Sec-
25
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retary determines that such timeline is impractical,
1
if the Secretary notifies the congressional defense
2
committees with respect to an alternate date on
3
which the publication shall occur.
4
(2) LIMITATION.—The Secretary may exercise
5
the waiver authority under paragraph (1) not more
6
than once.
7
SEC. 1505. ACQUISITION OF SPACE-BASED TACTICAL DATA
8
CAPABILITY.
9
(a) FINDING.—Congress finds that robust competi-
10
tion in the space industrial base is essential to ensuring
11
United States space superiority and the ability of the
12
United States Space Force to provide national security
13
mission-critical space warfighting systems and operations
14
across the joint force.
15
(b) REQUIREMENT TO MAXIMIZE COMPETITION.—
16
(1) IN
GENERAL.—Chapter 135 of title 10,
17
United States Code, is amended by adding at the
18
end the following new section:
19
‘‘§ 2279e. Contracting for space-based functional data
20
capability
21
‘‘The head of an agency shall, to the maximum extent
22
practicable, ensure that—
23
‘‘(1) space acquisitions employ procedures that
24
maximize competition; and
25
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‘‘(2) mission-critical national security space-
1
based systems that deliver space-based tactical data
2
within a program and across the armed forces shall,
3
to the greatest extent practicable, be procured from
4
an open competition allowing for competition be-
5
tween multiple vendors, and the products of such
6
vendors shall comply with interfaces and standards
7
that maximize resilience and interoperability with
8
Department of Defense systems.’’.
9
(2) CONFORMING AMENDMENT.—The table of
10
sections for chapter 135 of title 10, United States
11
Code, is amended by adding at the end the following
12
new item:
13
‘‘2279e. Contracting for space-based functional data capability.’’.
SEC. 1506. USE OF MIDDLE TIER ACQUISITION PROGRAM
14
FOR PROLIFERATED WARFIGHTER SPACE AR-
15
CHITECTURE OF THE SPACE DEVELOPMENT
16
AGENCY.
17
(a) IN GENERAL.—The Director of the Space Devel-
18
opment Agency shall use a middle tier acquisition program
19
for the rapid fielding of satellites and associated systems
20
for each of the following tranches of the of the proliferated
21
warfighter space architecture of the Agency:
22
(1) Tranch 4.
23
(2) Tranch 5.
24
(3) Tranch 6.
25
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(b) RAPID
PROTOTYPING
AND
FIELDING.—Any
1
tranche of satellites or associated systems developed and
2
fielded under subsection (a) shall have a level of maturity
3
that allows such satellites or systems to be rapidly
4
prototyped within an acquisition program or rapidly field-
5
ed within five years of the development of an approved
6
requirement for such satellites or systems.
7
(c) DESIGNATION AS MAJOR CAPABILITY ACQUISI-
8
TION.—
9
(1) IN GENERAL.—The Under Secretary of De-
10
fense for Acquisition and Sustainment may des-
11
ignate a tranche described in subsection (a) as a
12
major capability acquisition program consistent with
13
Department of Defense Instruction 5000.85, titled
14
‘‘Major Capability Acquisition’’ and issued on Au-
15
gust 6, 2020 (or a successor instruction).
16
(2) NOTICE TO CONGRESS.—Not later than 90
17
days before the date on which a designation under
18
paragraph (1) is made, the Under Secretary of De-
19
fense for Acquisition and Sustainment shall notify
20
the congressional defense committees of the intent of
21
the Under Secretary to make such designation and
22
include with such notice a justification for such des-
23
ignation.
24
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(d) SPACE ACQUISITION COUNCIL REVIEW
AND
1
WAIVER.—
2
(1) REVIEW.—In accordance with section 9021
3
of title 10, United States Code, the Space Acquisi-
4
tion Council shall review each tranch described sub-
5
section (a) to ensure integration across the national
6
security space enterprise.
7
(2) WAIVER.—The Space Acquisition Council
8
may waive the requirements of subsection (a) with
9
respect to a tranch or portion of a tranch described
10
in such subsection if the Council—
11
(A) on the basis of the review conducted
12
under paragraph (1), determines that the use of
13
a middle tier acquisition program is not war-
14
ranted for such tranch or portion thereof; and
15
(B) not later than 14 days after making
16
such determination, submits to the congres-
17
sional defense committees notice of the intent of
18
the Council to issue such a waiver.
19
(e) MIDDLE
TIER
ACQUISITION
PROGRAM
DE-
20
FINED.—In this section, the term ‘‘middle tier acquisition
21
program’’ means an acquisition program or project that
22
is carried out using the rapid fielding or rapid prototyping
23
acquisition pathway under section 3602 of title 10, United
24
States Code, in a manner consistent with Department of
25
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Defense Instruction 5000.80, titled ‘‘Operation of the
1
Middle Tier of Acquisition (MTA)’’ and issued on Decem-
2
ber 30, 2019 (or a successor instruction).
3
SEC. 1507. CONTINUATION OF OPERATION OF DEFENSE ME-
4
TEOROLOGICAL SATELLITE PROGRAM.
5
(a) IN GENERAL.—The Secretary of Defense shall
6
continue to operate the Defense Meteorological Satellite
7
Program until the end of the functional life of the sat-
8
ellites in orbit as of the date of the enactment of this Act
9
under such program.
10
(b) BRIEFING.—Not later than 60 days after the date
11
of the enactment of this Act, the Secretary of Defense
12
shall provide to the congressional defense committees a
13
briefing on—
14
(1) the status of the Defense Meteorological
15
Satellite Program;
16
(2) the requirements, capabilities, and costs for
17
such program for fiscal year 2026; and
18
(3) the projected costs—
19
(A) to carry out such program for the
20
functional life of the satellites in orbit as of the
21
date of the enactment of this Act under such
22
program; and
23
(B) to replace the satellite functions under
24
such program.
25
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Subtitle B—Nuclear Forces
1
SEC. 1511. MATTERS RELATING TO INTERCONTINENTAL
2
BALLISTIC MISSILES OF THE UNITED STATES.
3
(a) INITIAL OPERATIONAL CAPABILITY.—Not later
4
than September 30, 2033, and subject to the availability
5
of appropriations for such purpose, the Secretary of De-
6
fense, acting through the Secretary of the Air Force, shall
7
ensure the LGM-35A Sentinel Intercontinental Ballistic
8
Missile weapon system achieves initial operational capa-
9
bility, as defined jointly by the Commander of United
10
States Strategic Command and the Commander of Air
11
Force Global Strike Command.
12
(b) INVENTORY REQUIREMENT.—Section 9062 of
13
title 10, United States Code, is amended by adding at the
14
end the following new subsection:
15
‘‘(n)(1) The Secretary of the Air Force shall maintain
16
a total inventory of intercontinental ballistic missiles suffi-
17
cient to ensure that no fewer than 400 such missiles are
18
available for deployment at all times.
19
‘‘(2) Such intercontinental ballistic missiles shall be
20
deployed among no fewer than 150 launch facilities dis-
21
persed across each of the following locations (for a total
22
of no fewer than 450):
23
‘‘(A) Francis E. Warren Air Force Base, Lar-
24
amie County, Wyoming.
25
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‘‘(B) Malmstrom Air Force Base, Cascade
1
County, Montana.
2
‘‘(C) Minot Air Force Base, Ward County,
3
North Dakota.
4
‘‘(3) In this subsection:
5
‘‘(A) The term ‘intercontinental ballistic missile’
6
means any combination of the LGM-30A Minuteman
7
intercontinental ballistic missile or the LGM-35A
8
Sentinel intercontinental ballistic missile.
9
‘‘(B) The term ‘deployed’ means armed with
10
one or more nuclear weapons and contained within
11
a launch facility and available for employment in
12
support of United States Strategic Command re-
13
quirements or presidentially directed operations.’’.
14
(c)(1) PROHIBITION.—Except as provided in para-
15
graph (2), none of the funds authorized to be appropriated
16
by this Act for fiscal year 2026 or otherwise made avail-
17
able for the Department of Defense may be obligated or
18
expended for the following, and the Department may not
19
otherwise take any action to do the following:
20
(A) Reduce, or prepare to reduce, the respon-
21
siveness or alert level of the intercontinental ballistic
22
missiles of the United States.
23
(B) Reduce, or prepare to reduce, the quantity
24
of deployed intercontinental ballistic missiles of the
25
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United States to a number less than that specified
1
by subsection (n) of section 9062 of title 10, United
2
States Code, as added by subsection (b).
3
(2) EXCEPTION.—The prohibition in paragraph (1)
4
shall not apply to any of the following activities:
5
(A) The maintenance or sustainment of inter-
6
continental ballistic missiles.
7
(B) Ensuring the safety, security, or reliability
8
of intercontinental ballistic missiles.
9
(C) Facilitating the transition from the LGM-
10
30G Minuteman III intercontinental ballistic missile
11
to the Sentinel LGM-35A intercontinental ballistic
12
missile.
13
SEC. 1512. MATTERS RELATING TO AIR FORCE GLOBAL
14
STRIKE COMMAND.
15
(a) RESTORATION.—
16
(1) IN GENERAL.—Not later than 60 days after
17
the date of the enactment of this Act, the Secretary
18
of the Air Force shall reverse any changes made to
19
the manpower, composition, roles, or responsibilities
20
of the Air Force Global Strike Command related to
21
efforts to establish an Integrated Capabilities Office
22
or an Integrated Capabilities Command since Octo-
23
ber 1, 2023.
24
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(2) FUNDING LIMITATION.—Of the funds au-
1
thorized to be appropriated by this Act or otherwise
2
made available for fiscal year 2026 for the Depart-
3
ment of the Air Force, not more than 75 percent
4
may be obligated or expended until the Secretary of
5
the Air Force notifies the congressional defense com-
6
mittees that the requirement described in paragraph
7
(1) has been completed.
8
(3) LIMITATION ON FUTURE ORGANIZATIONAL
9
CHANGES.—Neither the Secretary of the Air Force
10
nor the Chief of Staff of the Air Force may author-
11
ize any alterations or adjustments to the composi-
12
tion, roles, or responsibilities of Air Force Global
13
Strike Command in the development of requirements
14
relating to strategic deterrence or the execution of
15
Joint Forces Air Component Command operational
16
and planning support for the United States Stra-
17
tegic Command unless—
18
(A) the Secretary of Defense, jointly with
19
the Commander of United States Strategic
20
Command, certifies to the congressional defense
21
committees that such alterations or adjustments
22
will not adversely affect the missions of the
23
United States Strategic Command missions in
24
supporting the operational requirements of the
25
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United States Strategic Command or activities
1
of the Department of Defense to achieve presi-
2
dential nuclear employment guidance objectives;
3
and
4
(B) a period of not fewer than 180 days
5
elapse following such certification.
6
(b) OVERSIGHT
OF NUCLEAR DETERRENCE MIS-
7
SION.—Section 9040(b) of title 10, United States Code,
8
is amended—
9
(1) in the matter preceding paragraph (1), by
10
inserting ‘‘in coordination with the Commander of
11
Air Force Global Strike Command’’ after ‘‘duties’’;
12
(2) by redesignating paragraphs (2) and (3) as
13
paragraphs (3) and (4), respectively;
14
(3) by inserting after paragraph (1) the fol-
15
lowing new paragraph (2):
16
‘‘(2) Coordinate with and support the activities
17
of Air Force Global Strike Command, the Air Force
18
Nuclear Systems Center, and any other applicable
19
Air Force organization in the sustainment and mod-
20
ernization of weapon systems associated with the nu-
21
clear deterrence mission of the Air Force.’’;
22
(4) in paragraph (4), as so redesignated, by
23
striking ‘‘and the Chief of Staff of the Air Force’’
24
and inserting, ‘‘, the Chief of Staff of the Air Force,
25
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and the Commander of Air Force Global Strike
1
Command.’’; and
2
(5) by adding at the end the following:
3
‘‘(5) Represent Air Force nuclear deterrence
4
mission equities on behalf of the Chief of Staff of
5
the Air Force and the Commander of Air Force
6
Global Strike Command within the Nuclear Weapons
7
Council processes and other Department of Defense
8
fora, as appropriate.’’.
9
(c) ENDURING GUIDANCE.—Consistent with section
10
9040(b) of title 10, United States Code, as amended by
11
subsection (b), the provisions of Air Force Mission Direc-
12
tive 63, dated July 12, 2018, shall remain in force until
13
changed by law.
14
(d) UPDATE OF SUPPLEMENTARY GUIDANCE.—Not
15
later than 90 days after the date of the enactment of this
16
Act, the Secretary of the Air Force shall issue an update
17
to Air Force Program Action Directive D16-01, dated Au-
18
gust 2, 2016, to reflect the requirements of this section.
19
SEC. 1513. ADJUSTMENT TO BOMBER AIRCRAFT NUCLEAR
20
CERTIFICATION REQUIREMENT.
21
Section 211 of the National Defense Authorization
22
Act for Fiscal Year 2013 (Public Law 112–239) is amend-
23
ed to read as follows:
24
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‘‘SEC. 211. B-21 BOMBER AIRCRAFT NUCLEAR CERTIFI-
1
CATION REQUIREMENT.
2
‘‘The Secretary of the Air Force shall ensure that the
3
B-21 bomber is—
4
‘‘(1) operationally certified to employ nuclear
5
gravity bombs not later than 180 days after the date
6
on which such aircraft achieves initial operational
7
capability; and
8
‘‘(2) operationally certified to employ the AGM-
9
181 Long Range Standoff Weapon not later than
10
two years after the date on which either the B-21
11
bomber or the AGM-181 Long Range Standoff
12
Weapon achieves initial operational capability,
13
whichever is later.’’.
14
SEC. 1514. LIMITATION ON AVAILABILITY OF FUNDS PEND-
15
ING ESTABLISHMENT OF THE ASSISTANT
16
SECRETARY OF DEFENSE FOR NUCLEAR DE-
17
TERRENCE, CHEMICAL, AND BIOLOGICAL DE-
18
FENSE POLICY AND PROGRAMS.
19
Of the funds authorized to be appropriated by this
20
Act or otherwise made available for fiscal year 2026 for
21
Operation and Maintenance, Defense-Wide, to the Office
22
of the Under Secretary of Defense for Policy and the Of-
23
fice of the Under Secretary of Defense for Acquisition and
24
Sustainment, not more than 50 percent may be obligated
25
or expended until the date on which the Secretary of De-
26
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fense notifies the congressional defense committees that
1
the Department of Defense has—
2
(1) updated all applicable regulations, polices,
3
and departmental guidance to reflect the establish-
4
ment of the Office of the Assistant Secretary of De-
5
fense for Nuclear Deterrence, Chemical, and Biologi-
6
cal Defense Policy and Programs; and
7
(2) realigned personnel, facilities, and budg-
8
etary resources to reflect the implementation of sec-
9
tion 138(b)(4) of title 10, United States Code.
10
SEC. 1515. ADJUSTMENT TO RESPONSIBILITIES OF NU-
11
CLEAR WEAPONS COUNCIL.
12
Section 179 of title 10, United States Code, is
13
amended—
14
(1) in subsection (a), in the first sentence, by
15
inserting ‘‘The Council shall be the primary mecha-
16
nism for integrating, streamlining, and ensuring
17
unity of purpose and direction for nuclear deterrence
18
related activities within the Department of Defense
19
and the Department of Energy.’’ after ‘‘Energy.’’;
20
(2) in subsection (c), by striking paragraph (3);
21
(3) in subsection (d)—
22
(A)
by
redesignating
paragraphs
(1)
23
through (13) as paragraphs (2) through (14),
24
respectively;
25
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(B) by inserting before paragraph (2), as
1
so redesignated, the following:
2
‘‘(1) Supervising nuclear deterrence activities of
3
the Department of Defense and the National Nu-
4
clear Security Administration, including oversight of
5
policy and resources, and developing options for ad-
6
justing the deterrence posture of the United States
7
in response to evolving international security condi-
8
tions.’’;
9
(C) by amending paragraph (6), as so re-
10
designated, to read as follows:
11
‘‘(6) Evaluating safety, security, and control
12
issues for existing weapons and for proposed new
13
weapon program starts and approving adjustments
14
as required.’’;
15
(D) in paragraph (7), as so redesignated,
16
by striking ‘‘Ensuring that adequate consider-
17
ation is given to’’ and inserting ‘‘Approving’’;
18
(E) by amending paragraph (8), as so re-
19
designated, to read as follows:
20
‘‘(8) Providing specific guidance regarding pri-
21
orities for research on—
22
‘‘(A) nuclear weapon delivery systems and
23
platforms and priorities on military capability
24
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development within the armed forces and the
1
broader Department of Defense; and
2
‘‘(B) nuclear weapons and priorities among
3
activities, including production, surveillance, re-
4
search, construction, and any other programs
5
within the National Nuclear Security Adminis-
6
tration.’’;
7
(F) by amending paragraph (9), as so re-
8
designated, to read as follows:
9
‘‘(9) Coordinating and approving activities con-
10
ducted by the Department of Defense and the De-
11
partment of Energy for the study, development, pro-
12
duction, and retirement of nuclear warheads and
13
weapon systems, including concept definition studies,
14
feasibility studies, engineering development, hard-
15
ware component fabrication, warhead and weapon
16
system production, and warhead retirement.’’;
17
(G) in paragraph (10), as so redesignated,
18
by inserting ‘‘and weapon system’’ after ‘‘war-
19
head’’;
20
(H) in paragraph (12), as so redesignated,
21
by inserting ‘‘and related weapon systems sup-
22
porting nuclear deterrence missions’’ after
23
‘‘weapons’’; and
24
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(I) in paragraph (14), as so redesig-
1
nated—
2
(i) by inserting ‘‘and approving’’ after
3
‘‘Coordinating’’; and
4
(ii) by inserting ‘‘systems and’’ after
5
‘‘delivery’’; and
6
(4) by amending subsection (f)(1) to read as
7
follows:
8
‘‘(f) BUDGET
AND FUNDING MATTERS.—(1) The
9
Council shall annually review the plans and budget of the
10
National Nuclear Security Administration and the Mili-
11
tary Services to assess whether such plans and budget
12
meet the current and projected requirements relating to
13
nuclear weapons and related weapon systems supporting
14
nuclear deterrence missions.’’.
15
SEC. 1516. LIMITATION ON AVAILABILITY OF FUNDS PEND-
16
ING NOTIFICATION OF TASKING AUTHORITY
17
DELEGATION.
18
Of the funds authorized to be appropriated by this
19
Act or otherwise made available for fiscal year 2026 for
20
Operation and Maintenance, Air Force, and available to
21
the Office of the Secretary of the Air Force for travel pur-
22
poses, not more than 50 percent may be obligated or ex-
23
pended until the date on which the Secretary of Defense
24
notifies the congressional defense committees that the del-
25
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egation of authority described in section 1638(e) of the
1
James M. Inhofe National Defense Authorization Act for
2
Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2941)
3
has been completed.
4
SEC. 1517. MODIFICATION OF REQUIREMENT FOR NU-
5
CLEAR-ARMED, SEA-LAUNCHED CRUISE MIS-
6
SILE INITIAL OPERATIONAL CAPABILITY.
7
Section 1640 of the National Defense Authorization
8
Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat.
9
595) is amended—
10
(1) by redesignating subsections (b), (c), (d),
11
(e), (f), and (g), as subsections (c), (d), (e), (f), (g),
12
and (h), respectively;
13
(2) by inserting after subsection (a) the fol-
14
lowing new subsection (b):
15
‘‘(b) RAPID FIELDING PARALLEL PATH.—In parallel
16
to the major defense acquisition program described in sub-
17
section (a), the Department of Defense is authorized to
18
utilize the middle tier acquisition authorities established
19
by section 3602 of title 10, United States Code, to rapidly
20
develop, prototype, and field a nuclear-armed, sea-
21
launched cruise missile that can provide for a residual
22
operational capability prior to the date of initial oper-
23
ational capability established by subsection (c).’’; and
24
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(3) in subsection (c), as so redesignated, by
1
striking ‘‘2034’’ and inserting ‘‘2032’’.
2
SEC. 1518. PILOT PROGRAM FOR UNMANNED AERIAL VEHI-
3
CLE RESUPPLY TO LAUNCH CONTROL FA-
4
CILITIES.
5
(a) AUTHORIZATION.—The Secretary of the Air
6
Force, in coordination with the Commander of the Air
7
Force Global Strike Command, is authorized to carry out
8
a pilot program under which the Secretary may establish
9
a partnership to assess the feasibility and effectiveness of
10
implementing a low cost and repeatable resupply of inter-
11
continental ballistic missile launch facilities or control cen-
12
ters using unmanned aircraft systems.
13
(b) ELEMENTS.—If the Secretary carries out the
14
pilot program authorized under subsection (a), such pilot
15
program shall include—
16
(1) demonstration flights conducted in unre-
17
stricted airspace, including the transportation of
18
cargo, from a main Air Force Base to interconti-
19
nental ballistic missile launch facilities or control
20
centers;
21
(2) consultation with the Administrator of the
22
Federal Aviation Administration and the heads of
23
other Federal agencies, as the Secretary determines
24
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appropriate, to facilitate the flights described in
1
paragraph (1);
2
(3) the use of existing technology to the great-
3
est extent possible;
4
(4) an evaluation of the potential of unmanned
5
aircraft systems to resupply intercontinental ballistic
6
missile launch facilities or control centers more effi-
7
ciently than ground-based resupply methods; and
8
(5) the incorporation, implementation, and utili-
9
zation of unmanned aircraft system service supplier
10
airspace system integration services for enhanced
11
safety, awareness, and command and control.
12
(c) TERMINATION.—The authorization to carry out
13
the pilot program under subsection (a) shall terminate on
14
the date that is 3 years after the date on which the Sec-
15
retary establishes such a pilot program.
16
(d) ANNUAL REPORT.—Not later than December 1
17
of each year in which the pilot program authorized under
18
subsection (a) is carried out, the Secretary of the Air
19
Force shall submit to the congressional defense commit-
20
tees a report summarizing the activities of the pilot pro-
21
gram during the preceding year, including information on
22
how the pilot program is supporting Air Force Global
23
Strike Command requirements.
24
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(e) BRIEFING
ON REFINING LEGISLATION.—Not
1
later than 180 days after the establishment of a pilot pro-
2
gram authorized under subsection (a), the Secretary of the
3
Air Force shall brief the congressional defense committees
4
on any statutory adjustments required to enable or con-
5
tinue the efficient execution of such pilot program.
6
(f) DEFINITION OF INTERCONTINENTAL BALLISTIC
7
MISSILE LAUNCH FACILITY OR CONTROL CENTER.—In
8
this section, the term ‘‘intercontinental ballistic missile
9
launch facility or control center’’ has the meaning given
10
that term in section 183a(h) of title 10, United States
11
Code.
12
SEC. 1519. LIMITATION ON AVAILABILITY OF FUNDS PEND-
13
ING COMMENCEMENT OF ANNUAL BRIEF-
14
INGS
ON
IMPLEMENTATION
OF
REC-
15
OMMENDATIONS BY THE CONGRESSIONAL
16
COMMISSION ON THE STRATEGIC POSTURE
17
OF THE UNITED STATES.
18
Of the funds authorized to be appropriated by this
19
Act or otherwise made available for fiscal year 2026 for
20
Operation and Maintenance, Defense-Wide, to the Office
21
of the Under Secretary of Defense for Acquisition and
22
Sustainment, not more than 90 percent may be obligated
23
or expended until the date on which the Under Secretary
24
of Defense for Acquisition and Sustainment completes the
25
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first annual briefing to the congressional defense commit-
1
tees required by section 1637 of the Servicemember Qual-
2
ity of Life Improvement and National Defense Authoriza-
3
tion Act for Fiscal Year 2025 (Public Law 118–159).
4
SEC. 1520. DEEP CLEANING OF LAUNCH CONTROL CEN-
5
TERS OF THE AIR FORCE GLOBAL STRIKE
6
COMMAND.
7
(a) IN GENERAL.—The Secretary of the Air Force,
8
acting through the Commander of the Air Force Global
9
Strike Command, shall ensure that each launch control
10
center within the 3 missile wings comprising the 20th Air
11
Force undergoes a deep cleaning of its crew capsules every
12
5 years until each such launch control center is decommis-
13
sioned by the Sentinel intercontinental ballistic missile
14
program.
15
(b) WAIVER.—The Commander of the Air Force
16
Global Strike Command may waive the deep cleaning of
17
a particular launch control center based upon conditions
18
that are unforeseen, impracticable, or due to national se-
19
curity. If such a waiver is exercised, the Commander shall
20
report to the congressional defense committees the par-
21
ticular launch control center that is waived and when such
22
launch control center is expected to be deep cleaned.
23
(c) ANNUAL REPORT.—Each fiscal year, the Sec-
24
retary of the Air Force shall submit to the congressional
25
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defense committees a report that identifies each launch
1
control center that was deep cleaned during such fiscal
2
year and any additional matters of concern with respect
3
to the launch control centers.
4
SEC. 1521. LIMITATION ON COMPENSATION CAPS.
5
(a) IN GENERAL.—Unless authorized by an Act of
6
Congress, no action shall be taken to establish or imple-
7
ment a requirement to establish a cap on reimbursement
8
of compensation and benefits for non-federal employees
9
under contract with the National Nuclear Security Admin-
10
istration or employees of any Federally-funded research
11
and development center supporting—
12
(1) any atomic energy defense activity, as de-
13
fined in section 2 of the Nuclear Waste Policy Act
14
of 1982 (42 U.S.C. 10101);
15
(2) the sustainment and modernization of—
16
(A) nuclear weapons delivery systems and
17
platforms of the Department of Defense;
18
(B) nuclear command, control, and com-
19
munications systems of the Department; or
20
(C) any infrastructure associated with sub-
21
paragraph (A) or (B); or
22
(3) the development, testing, or fielding of tech-
23
nologies supporting the Golden Dome missile defense
24
system.
25
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(b) RULE OF CONSTRUCTION.—Nothing in this sec-
1
tion shall be construed to affect or limit the application
2
of, or any obligation to comply with, the requirements of
3
section 3744(a)(16) of title 10, United States Code, or
4
section 4304(a)(16) of title 41, United States Code.
5
Subtitle C—Missile Defense
6
SEC. 1531. MATTERS RELATING TO THE GOLDEN DOME MIS-
7
SILE DEFENSE SYSTEM.
8
(a) REVISION TO NATIONAL MISSILE DEFENSE POL-
9
ICY.—Section 5501 of title 10, United States Code, is
10
amended—
11
(1) by striking paragraphs (1) and (2); and
12
(2) by adding at the end the following new
13
paragraphs: ‘‘
14
‘‘(1) to provide for the common defense of citi-
15
zens of the United States and the United States by
16
deploying and maintaining a next-generation missile
17
defense shield;
18
‘‘(2) to deter and defend the United States, citi-
19
zens of the United States, and critical infrastructure
20
of the United States, against the threat of foreign
21
attack by increasingly complex ballistic, hypersonic
22
glide, and cruise missiles, and other advanced aerial
23
threats;
24
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‘‘(3) to guarantee the viability of an effective
1
nuclear response capability and support the contin-
2
ued deterrence of strategic attacks against the
3
homeland of the United States; and
4
‘‘(4) to cooperate on missile defense capabilities
5
and technologies with allies and partners of the
6
United States to aid in the defense of allied and
7
partner populations and forward-deployed armed
8
forces of the United States.’’.
9
(b) ANNUAL BRIEFING ON GOLDEN DOME MISSILE
10
DEFENSE SYSTEM.—
11
(1) BRIEFINGS
REQUIRED.—Concurrent with
12
the first submission to Congress of a budget pursu-
13
ant to section 1105(a) of title 31, United States
14
Code, after the date of the enactment of this Act,
15
and with each submission of a budget to Congress
16
pursuant to such section until the Secretary of De-
17
fense determines that the Golden Dome missile de-
18
fense system achieves full operational capability, the
19
Secretary shall provide to the congressional defense
20
committees a briefing on the development and de-
21
ployment of the Golden Dome missile defense sys-
22
tem.
23
(2) ELEMENTS.—Each briefing under para-
24
graph (1) shall cover the following:
25
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(A) The current architecture of the Golden
1
Dome missile defense system as compared to
2
the prior year.
3
(B) A consolidated list of funds estimated
4
within the most recent future-years defense pro-
5
gram under section 221 of title 10, United
6
States Code, for the Golden Dome missile de-
7
fense system as compared to the prior fiscal
8
year, including with respect to—
9
(i) missile defense and defeat systems;
10
(ii) missile defense interceptors;
11
(iii) missile warning and tracking sys-
12
tems;
13
(iv) network and communications sys-
14
tems;
15
(v) research, development, test, and
16
evaluation;
17
(vi) software development;
18
(vii) military construction;
19
(viii) operations and maintenance, in-
20
cluding advanced planning and infrastruc-
21
ture sustainment, renovation, and mainte-
22
nance funds;
23
(ix) civilian and military personnel;
24
and
25
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(x) such other matters as the Sec-
1
retary considers appropriate.
2
(3) MAJOR HIGHLIGHTS.—Each briefing under
3
paragraph (1) shall include notable highlights and
4
changes affecting the progress towards initial and
5
full operational capability of the Golden Dome mis-
6
sile defense system.
7
(c) REPLACEMENT OF MISSILE INSTRUMENTATION
8
RANGE SAFETY VESSELS.—
9
(1) IN GENERAL.—(A) Beginning not later than
10
30 days after the date of the enactment of this Act,
11
the Director of the Missile Defense Agency shall ini-
12
tiate such actions as are necessary to establish and
13
ensure the validation of requirements for two re-
14
placement missile instrumentation range safety ves-
15
sels for the National Defense Reserve Fleet to allow
16
for the construction of such vessels to begin no later
17
than September 30, 2026.
18
(B) The Director shall, in coordination with
19
such Department of Defense officials as the Director
20
considers necessary to carry out subparagraph (A),
21
consult with the Maritime Administrator regarding
22
options to enter into an agreement with a vessel con-
23
struction manager, or other appropriate entity, to
24
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contract for the construction of the vessels under
1
subparagraph (A).
2
(2) USE OF VESSEL.—A vessel constructed pur-
3
suant to this subsection shall be available for use by
4
other Federal agencies on a reimbursable basis, pro-
5
vided such usage does not—
6
(A) interfere with or delay Department of
7
Defense testing requirements;
8
(B) impede activities to maintain the oper-
9
ational availability of such vessel or any instru-
10
mentation onboard; or
11
(C) result in deferment of any modifica-
12
tions, maintenance, or upgrades to such vessel
13
or onboard instrumentation the Director deter-
14
mines necessary to meet current or future De-
15
partment requirements.
16
(3) CONSTRUCTION AND DOCUMENTATION RE-
17
QUIREMENTS.—The Director shall take such steps
18
as may be necessary to ensure a vessel constructed
19
pursuant to this section meets the requirements for
20
and be issued a certificate of documentation and a
21
coastwise endorsement under chapter 121 of title 46,
22
United States Code.
23
(4) DESIGN
STANDARDS
AND
CONSTRUCTION
24
PRACTICES.—Subject to paragraph (3), the Director
25
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shall take such steps as necessary to ensure a vessel
1
constructed pursuant to this section shall be con-
2
structed using commercial design standards and
3
commercial construction practices that are consistent
4
with the best interests of the Federal Government.
5
(5) CONSULTATION WITH OTHER FEDERAL EN-
6
TITIES.—The Director may consult and coordinate
7
with other Federal entities regarding the vessels de-
8
scribed in paragraph (1) and activities associated
9
with such vessels, including requirements for addi-
10
tional, similar vessels.
11
(6) LIMITATION ON USE OF FUNDS FOR USED
12
VESSELS.—In assessing options for amounts author-
13
ized to be appropriated by this Act or otherwise
14
made available for use by the Director to carry out
15
this section may not be used for the procurement of
16
any used vessel.
17
(d) ESTABLISHMENT OF GOLDEN DOME DIRECT RE-
18
PORTING PROGRAM MANAGER.—The provisions of the
19
Secretary of Defense memorandum titled ‘‘Direct Report-
20
ing Program Manager Appointment for Golden Dome for
21
America’’ and dated May 27, 2025, shall remain in force
22
until changed by law.
23
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SEC. 1532. INCLUSION OF HAWAII AND ALASKA IN PLANS
1
FOR IRON DOME FOR AMERICA.
2
(a) IN GENERAL.—In complying with Executive
3
Order 14186 (90 Fed. Reg. 8767; relating to The Iron
4
Dome for America), the Secretary of Defense shall ensure
5
that plans, reviews, strategies, and capabilities to improve
6
missile defense of the United States also include improve-
7
ments for the missile defense of Hawaii and Alaska, in
8
addition to the continental United States.
9
(b) BRIEFING.—Not later than 90 days after the date
10
of the enactment of this Act, the Secretary shall brief the
11
congressional defense committees on the progress of im-
12
plementing Executive Order 14186, including specifically
13
how missile defense of Hawaii and Alaska is included.
14
(c) DEFINITION OF MISSILE DEFENSE.—In this sec-
15
tion, the term ‘‘missile defense’’ means defense against all
16
manner of aerial and space kinetic attacks, including bal-
17
listic, hypersonic, and cruise missiles, and other advanced
18
aerial attacks.
19
SEC. 1533. INCLUSION OF AIR AND MISSILE DEFENSE IN
20
UNCONSTRAINED
TOTAL
MUNITIONS
RE-
21
QUIREMENTS.
22
Section 222c(c) of title 10, United States Code, is
23
amended—
24
(1) by redesignating paragraphs (5) through
25
(8) as paragraphs (6) through (9), respectively; and
26
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(2) by inserting after paragraph (4) the fol-
1
lowing new paragraph (5):
2
‘‘(5) Air and Missile Defense.’’.
3
SEC. 1534. IRON DOME SHORT-RANGE ROCKET DEFENSE
4
SYSTEM AND ISRAELI COOPERATIVE MISSILE
5
DEFENSE PROGRAM CO-DEVELOPMENT AND
6
CO-PRODUCTION.
7
(a) IRON DOME SHORT-RANGE ROCKET DEFENSE
8
SYSTEM.—
9
(1) AVAILABILITY
OF
FUNDS.—Of the funds
10
authorized to be appropriated by this Act for fiscal
11
year 2026 for procurement, Defense-wide, and avail-
12
able for the Missile Defense Agency, not more than
13
$60,000,000 may be provided to the Government of
14
Israel to procure components for the Iron Dome
15
short-range rocket defense system through co-pro-
16
duction of such components in the United States by
17
industry of the United States.
18
(2) CONDITIONS.—
19
(A) AGREEMENT.—Funds described in
20
paragraph (1) for the Iron Dome short-range
21
rocket defense program shall be available sub-
22
ject to the terms and conditions in the Agree-
23
ment Between the Department of Defense of
24
the United States of America and the Ministry
25
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of Defense of the State of Israel Concerning
1
Iron Dome Defense System Procurement,
2
signed on March 5, 2014, as amended to in-
3
clude co-production for Tamir interceptors.
4
(B) CERTIFICATION.—Not later than 30
5
days prior to the initial obligation of funds de-
6
scribed in paragraph (1), the Under Secretary
7
of Defense for Acquisition and Sustainment
8
shall submit to the appropriate congressional
9
committees—
10
(i) a certification that the amended bi-
11
lateral international agreement specified in
12
subparagraph (A) is being implemented as
13
provided in such agreement;
14
(ii) an assessment detailing any risks
15
relating to the implementation of such
16
agreement; and
17
(iii) for system improvements result-
18
ing in modified Iron Dome components
19
and Tamir interceptor sub-components, a
20
certification that the Government of Israel
21
has demonstrated successful completion of
22
Production Readiness Reviews, including
23
the validation of production lines, the
24
verification of component conformance,
25
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and the verification of performance to
1
specification as defined in the Iron Dome
2
Defense System Procurement Agreement,
3
as further amended.
4
(b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-
5
GRAM, DAVID’S SLING WEAPON SYSTEM CO-PRODUC-
6
TION.—
7
(1) IN GENERAL.—Subject to paragraph (3), of
8
the funds authorized to be appropriated for fiscal
9
year 2026 for procurement, Defense-wide, and avail-
10
able for the Missile Defense Agency not more than
11
$40,000,000 may be provided to the Government of
12
Israel to procure the David’s Sling Weapon System,
13
including for co-production of parts and components
14
in the United States by United States industry.
15
(2) AGREEMENT.—Provision of funds specified
16
in paragraph (1) shall be subject to the terms and
17
conditions in the bilateral co-production agreement,
18
including—
19
(A) a one-for-one cash match is made by
20
Israel or in another matching amount that oth-
21
erwise meets best efforts (as mutually agreed to
22
by the United States and Israel); and
23
(B) co-production of parts, components,
24
and all-up rounds (if appropriate) in the United
25
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States by United States industry for the Da-
1
vid’s Sling Weapon System is not less than 50
2
percent.
3
(3) CERTIFICATION
AND
ASSESSMENT.—The
4
Under Secretary of Defense for Acquisition and
5
Sustainment shall submit to the appropriate con-
6
gressional committees—
7
(A) a certification that the Government of
8
Israel has demonstrated the successful comple-
9
tion of the knowledge points, technical mile-
10
stones, and Production Readiness Reviews re-
11
quired by the research, development, and tech-
12
nology agreement and the bilateral co-produc-
13
tion agreement for the David’s Sling Weapon
14
System; and
15
(B) an assessment detailing any risks re-
16
lating to the implementation of such agreement.
17
(c) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-
18
GRAM, ARROW 3 UPPER TIER INTERCEPTOR PROGRAM
19
CO-PRODUCTION.—
20
(1) IN GENERAL.—Subject to paragraph (2), of
21
the funds authorized to be appropriated for fiscal
22
year 2026 for procurement, Defense-wide, and avail-
23
able for the Missile Defense Agency not more than
24
$100,000,000 may be provided to the Government of
25
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Israel for the Arrow 3 Upper Tier Interceptor Pro-
1
gram, including for co-production of parts and com-
2
ponents in the United States by United States in-
3
dustry.
4
(2) CERTIFICATION.—The Under Secretary of
5
Defense for Acquisition and Sustainment shall sub-
6
mit to the appropriate congressional committees a
7
certification that—
8
(A) the Government of Israel has dem-
9
onstrated the successful completion of the
10
knowledge points, technical milestones, and
11
Production Readiness Reviews required by the
12
research, development, and technology agree-
13
ment for the Arrow 3 Upper Tier Interceptor
14
Program;
15
(B) funds specified in paragraph (1) will
16
be provided on the basis of a one-for-one cash
17
match made by Israel or in another matching
18
amount that otherwise meets best efforts (as
19
mutually agreed to by the United States and
20
Israel);
21
(C) the United States has entered into a
22
bilateral international agreement with Israel
23
that establishes, with respect to the use of such
24
funds—
25
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(i) in accordance with subparagraph
1
(D), the terms of co-production of parts
2
and components on the basis of the great-
3
est practicable co-production of parts, com-
4
ponents, and all-up rounds (if appropriate)
5
by United States industry and minimizes
6
nonrecurring engineering and facilitization
7
expenses to the costs needed for co-produc-
8
tion;
9
(ii) complete transparency on the re-
10
quirement of Israel for the number of
11
interceptors and batteries that will be pro-
12
cured, including with respect to the pro-
13
curement plans, acquisition strategy, and
14
funding profiles of Israel;
15
(iii) technical milestones for co-pro-
16
duction of parts and components and pro-
17
curement;
18
(iv) a joint affordability working
19
group to consider cost reduction initiatives;
20
and
21
(v) joint approval processes for third-
22
party sales; and
23
(D) the level of co-production described in
24
subparagraph (C)(i) for the Arrow 3 Upper
25
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Tier Interceptor Program is not less than 50
1
percent.
2
(d) NUMBER.—In carrying out paragraph (2) of sub-
3
section (b) and paragraph (2) of subsection (c), the Under
4
Secretary may submit—
5
(1) one certification covering both the David’s
6
Sling Weapon System and the Arrow 3 Upper Tier
7
Interceptor Program; or
8
(2) separate certifications for each respective
9
system.
10
(e) TIMING.—The Under Secretary shall submit to
11
the congressional defense committees the certification and
12
assessment under subsection (b)(3) and the certification
13
under subsection (c)(2) not later than 30 days before the
14
funds specified in paragraph (1) of subsections (b) and
15
(c) for the respective system covered by the certification
16
are provided to the Government of Israel.
17
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
18
FINED.—In this section, the term ‘‘appropriate congres-
19
sional committees’’ means the following:
20
(1) The congressional defense committees.
21
(2) The Committee on Foreign Relations of the
22
Senate.
23
(3) The Committee on Foreign Affairs of the
24
House of Representatives.
25
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SEC. 1535. REQUIREMENT FOR AEGIS COMBAT SYSTEMS
1
OPERATIONALLY DEPLOYED UNDER UNITED
2
STATES INDO-PACIFIC COMMAND.
3
(a) REQUIREMENT.—Any removal of the Aegis Guam
4
Combat System from the Indo-Pacific Command area of
5
responsibility (currently sited on Guam) shall be con-
6
sistent with section 162(a) of title 10, United States Code,
7
using procedures outlined under Chairman of the Joint
8
Chiefs of Staff Manual 3130.06D (relating to global force
9
management allocation policies and procedures), or suc-
10
cessor document.
11
(b) NOTICE.—In any case in which a removal de-
12
scribed in subsection (a) is carried out, the Chairman of
13
the Joint Chiefs of Staff shall submit to the congressional
14
defense committees notice of the removal not later than
15
10 days after the date of the commencement of the re-
16
moval.
17
SEC. 1536. AMENDMENTS TO TECHNICAL AUTHORITY OF DI-
18
RECTOR OF MISSILE DEFENSE AGENCY RE-
19
GARDING INTEGRATED AIR AND MISSILE DE-
20
FENSE ACTIVITIES AND PROGRAMS.
21
(a) IN GENERAL.—Subsection (a) of section 5531 of
22
title 10, United States Code, is amended—
23
(1) by inserting ‘‘system level architectures,’’
24
before ‘‘the interfaces’’; and
25
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(2) by inserting a comma after ‘‘of such activi-
1
ties and programs’’.
2
(b) TECHNICAL CORRECTIONS.—Subsection (b) of
3
such section is amended—
4
(1) in paragraph (1)—
5
(A) by striking ‘‘under paragraph (1)’’ and
6
inserting ‘‘under subsection (a)’’; and
7
(B) by striking ‘‘with subparagraph (B)’’
8
and inserting ‘‘with paragraph (2)’’; and
9
(2) in paragraph (2)—
10
(A) by striking ‘‘under subparagraph (A)’’
11
and inserting ‘‘under paragraph (1)’’; and
12
(B) by striking ‘‘under paragraph (1)’’ and
13
inserting ‘‘under subsection (a)’’.
14
SEC. 1537. ASSESSMENT OF THE RONALD REAGAN BAL-
15
LISTIC MISSILE DEFENSE TEST SITE.
16
(a) IN GENERAL.—Consistent with section 4173(i) of
17
title 10, United States Code, the Director of the Depart-
18
ment of Defense Test Resource Management Center shall,
19
not later than March 31 of each year until March 31,
20
2030—
21
(1) visit the Ronald Reagan Ballistic Missile
22
Defense Test Site and assess the state of infrastruc-
23
ture supporting test and evaluation facilities of the
24
Department of Defense; and
25
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(2) not later than 30 days after a visit under
1
paragraph (1), provide the congressional defense
2
committees a briefing on the findings of the Director
3
with respect to such visit and assessment.
4
(b) DELEGATION.—The Director may delegate a visit
5
under subsection (a)(1) to a senior staff member of the
6
Test Resource Management Center 30 days after notifica-
7
tion to the congressional defense committees of the intent
8
of the Director to make such delegation.
9
SEC. 1538. BIENNIAL ASSESSMENTS OF THE RONALD
10
REAGAN BALLISTIC MISSILE DEFENSE TEST
11
SITE.
12
(a) BIENNIAL ASSESSMENTS.—In 2027 and in each
13
odd-numbered year thereafter through 2033, the Com-
14
mander of the United States Strategic Command shall,
15
in coordination with the Commander of the United States
16
Space Command, the Commander of the United States
17
Indo-Pacific Command, and the commanders of such other
18
combatant commands as the Commander of the United
19
States Strategic Command considers appropriate, assess
20
the capabilities and capacity, including supporting infra-
21
structure, of the Ronald Reagan Ballistic Missile Defense
22
Test Site (RRBMDTS) on United States Army Garrison
23
Kwajalein Atoll to meet the operational and weapon sys-
24
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tem developmental testing needs of the combatant com-
1
mands.
2
(b) REPORT TO THE SECRETARY OF DEFENSE AND
3
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.—Not
4
later than February 28 of each even-numbered year fol-
5
lowing a year for which an assessment under subsection
6
(a) is completed, the Commander of the United States
7
Strategic Command shall submit to the Secretary of De-
8
fense and the Chairman of the Joint Chiefs of Staff a re-
9
port containing—
10
(1) the findings of the Commander with respect
11
to the assessment;
12
(2) an identification and discussion of any ca-
13
pability or capacity gap or other shortfall with re-
14
spect to the operational and testing needs described
15
in subsection (a);
16
(3) an identification and discussion of any risks
17
with respect to meeting current and future mission
18
or capability requirements; and
19
(4) an identification and discussion of any mat-
20
ter having an adverse effect on the capability of the
21
combatant commanders to accurately determine the
22
matters covered by the assessment.
23
(c) REPORT TO CONGRESS.—Not later than March
24
15 of each year during which a report under subsection
25
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(b) is submitted, the Secretary shall submit to the con-
1
gressional defense committees the report most recently re-
2
ceived by the Secretary under subsection (b), without any
3
edits and with such additional views as the Secretary or
4
the Chairman of the Joint Chiefs of Staff consider appro-
5
priate.
6
SEC. 1539. LIMITATION ON AVAILABILITY OF FUNDS FOR
7
OFFICE OF THE UNDER SECRETARY OF DE-
8
FENSE FOR ACQUISITION AND SUSTAINMENT
9
PENDING
COMMENCEMENT
OF
ANNUAL
10
BRIEFINGS ON MISSILE DEFENSE OF GUAM.
11
Of the funds authorized to be appropriated by this
12
Act or otherwise made available for fiscal year 2026 for
13
Operation and Maintenance, Defense-Wide, for the Office
14
of the Under Secretary of Defense for Acquisition and
15
Sustainment, not more than 90 percent may be obligated
16
or expended until the date on which the Under Secretary
17
of Defense for Acquisition and Sustainment completes the
18
first annual briefing to the congressional defense commit-
19
tees required by section 1648 of the Servicemember Qual-
20
ity of Life Improvement and National Defense Authoriza-
21
tion Act for Fiscal Year 2025 (Public Law 118–159).
22
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SEC. 1540. LIMITATION ON AVAILABILITY OF FUNDS FOR
1
MISSILE DEFENSE AGENCY PENDING AR-
2
RANGEMENT FOR INDEPENDENT ANALYSIS
3
OF SPACE-BASED MISSILE DEFENSE CAPA-
4
BILITY.
5
Of the funds authorized to be appropriated by this
6
Act or otherwise made available for fiscal year 2026 for
7
Operation and Maintenance, Defense-Wide, for the Missile
8
Defense Agency, not more than 90 percent may be obli-
9
gated or expended until the date on which the Director
10
of the Missile Defense Agency enters into an arrangement
11
in accordance with section 1671(a) of the National De-
12
fense Authorization Act for Fiscal Year 2024 (Public Law
13
118–31) and notifies the congressional defense committees
14
of such arrangement.
15
SEC.
1541.
LIMITATION
ON
AUTHORITY
TO
REDUCE
16
SUSTAINMENT FOR OR HALT OPERATION OF
17
THE AN/FPS–108 COBRA DANE RADAR.
18
(a) LIMITATION.—Until the date on which the certifi-
19
cation described in subsection (b) is submitted to the con-
20
gressional defense committees, the Secretary of Defense—
21
(1) may not reduce sustainment efforts for, halt
22
operation of, or prepare to reduce sustainment ef-
23
forts for or halt operation of, the AN/FPS–108
24
COBRA DANE radar located at Eareckson Air Sta-
25
tion on Shemya Island in Alaska;
26
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(2) shall sustain the AN/FPS–108 COBRA
1
DANE radar in a manner that preserves, at a min-
2
imum, the system’s current operational availability
3
as of the date of the enactment of this Act; and
4
(3) shall ensure that the AN/FPS–108 COBRA
5
DANE radar continues to meet the operational re-
6
quirements of the combatant commands that are
7
met by this system as of the date of the enactment
8
of this Act.
9
(b) CERTIFICATION DESCRIBED.—The certification
10
described in this subsection is a written certification from
11
the Secretary of Defense, in consultation with the Chief
12
of Space Operations and the Director of the Missile De-
13
fense Agency, indicating that the replacement capability
14
for the AN/FPS–108 COBRA DANE radar—
15
(1) will reach initial operational capability at
16
the same time or before the termination of oper-
17
ations for the AN/FPS–108 COBRA DANE radar;
18
and
19
(2) at the time such replacement capability
20
achieves initial operational capability, will have the
21
ability to meet the operational requirements of the
22
combatant commands that have been, or that are ex-
23
pected to be, assigned to such replacement capa-
24
bility.
25
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(c) EXCEPTION.—The limitation described in sub-
1
section (a) shall not apply to temporary interruptions of
2
operational availability for the AN/FPS–108 COBRA
3
DANE radar provided such activities are necessary to sup-
4
port maintenance or modernization activities of the sys-
5
tem.
6
SEC. 1542. ACCELERATING DEVELOPMENT OF AUTONO-
7
MOUS AGENTS TO DEFEND AGAINST CRUISE
8
MISSILES AND UNMANNED SYSTEMS.
9
(a) IN GENERAL.—The Program Manager shall use
10
all authorities available to the Program Manager to accel-
11
erate development of autonomous agents to cost-effectively
12
defend the United States homeland and forward-deployed
13
armed forces against raids of both large cruise missiles
14
and unmanned systems as the Secretary considers appro-
15
priate.
16
(b) DEFINITIONS.—In this section:
17
(1) MISSILE.—The term ‘‘missile’’ means a bal-
18
listic, hypersonic, cruise, hypersonic cruise, or loi-
19
tering munition.
20
(2) PROGRAM MANAGER.—The term ‘‘Program
21
Manager’’ means the Direct Reporting Program
22
Manager for Golden Dome for America.
23
(3) UNMANNED
SYSTEM.—The term ‘‘un-
24
manned system’’ means a remote-operated or auton-
25
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omous unmanned system of any size maneuvering in
1
land, sea, air, or space that is capable of single at-
2
tacks, swarm attacks, or sensor and data collection
3
and reconnaissance.
4
SEC. 1543. MISSILE DEFENSE TESTING REQUIREMENTS.
5
(a) IN GENERAL.—The Secretary and the Program
6
Manager shall ensure that a robust testing regime is es-
7
tablished for all kinetic and nonkinetic interceptors or
8
similar systems throughout the system’s lifecycle. To the
9
maximum extent practicable, testing shall include execu-
10
tion of end-to-end missile defense detection, tracking, and
11
destruction techniques that exercise multiple components
12
of the Golden Dome system.
13
(b) TESTING SCHEDULE.—
14
(1) IN GENERAL.—In carrying out subsection
15
(a), the Secretary and the Program Manager shall
16
ensure that, not later than 540 days after the date
17
of the enactment of this Act, a demanding testing
18
cadence begins, commencing with a virtual exercise
19
commencing on or before the date that is 540 days
20
after the date of the enactment of this Act.
21
(2) TEST PLANS.—Not later than 90 days be-
22
fore carrying out a test under this section, the Sec-
23
retary and the Program Manager shall present to
24
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the congressional defense committees a detailed plan
1
for the test.
2
(3) BRIEFINGS.—In any case in which the Pro-
3
gram Manager fails to conduct a test under this sec-
4
tion in accordance with a timeline specified in this
5
section, the Program Manager shall provide the ap-
6
plicable subcommittees of the congressional defense
7
committees an in-person briefing in each month for
8
with the test is delayed.
9
(c) LIVE-FIRE EXERCISE REQUIREMENT.—At a min-
10
imum, kinetic and nonkinetic systems deemed to be mis-
11
sion essential by the Secretary to the capabilities of Gold-
12
en Dome shall be tested on a semiannual basis in a live-
13
fire exercise, starting after the virtual test described in
14
subsection (b)(1).
15
(d) PARTICIPANTS.—
16
(1) REQUIRED PARTICIPATION.—Each exercise
17
under this section shall include the following partici-
18
pants:
19
(A) The Program Manager.
20
(B) A representative from the Office of the
21
Secretary of Defense.
22
(C) A representative from each of the
23
Army, Navy, Air Force, Marines, and Space
24
Force.
25
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(D) A representative from the National Se-
1
curity Agency.
2
(E) Representative from North American
3
Aerospace Defense Command (NORAD) or
4
United
States
Northern
Command
5
(USNORTHCOM).
6
(F) A representative from Indo-Pacific
7
Command.
8
(2) INVITED
FOR
PARTICIPATION.—For each
9
exercise under this section, the Program Manager
10
shall invite the participation of the following:
11
(A) A representative from the Coast
12
Guard.
13
(B) A representative from the Federal
14
Aviation Administration.
15
(C) A representative from the congres-
16
sional defense committees.
17
(e) WAIVERS.—
18
(1) IN GENERAL.—Pursuant to a request sub-
19
mitted to the Secretary under paragraph (2), the
20
Secretary may waive the requirement in subsection
21
(b) for an individual system.
22
(2) REQUESTS.—The Program Manager may
23
submit to the Secretary a request for a waiver of the
24
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requirement in subsection (b) for an individual sys-
1
tem.
2
(3) CONGRESSIONAL NOTIFICATION.—Not later
3
than 14 days after granting a waiver under para-
4
graph (1), the Secretary shall provide the congres-
5
sional defense committees an in-person briefing of
6
the waiver with a detailed explanation of the reasons
7
for the decision of the Secretary to grant the waiver.
8
(f) ANNUAL REPORTS.—Not later than 90 days after
9
the date of the enactment of this Act, and not less fre-
10
quently than once each year thereafter, the Secretary
11
shall, in consultation with the heads of such government
12
agencies as the Secretary considers relevant, submit to the
13
congressional defense committees a report detailing key
14
regulations preventing rapid, iterative testing of systems
15
vital to Golden Dome.
16
(g) DEFINITIONS.—In this section:
17
(1) The term ‘‘Golden Dome’’ shall means the
18
holistic missile defense architecture described in this
19
section.
20
(2) The term ‘‘missile’’ means a ballistic,
21
hypersonic, cruise, hypersonic cruise, or loitering
22
munition.
23
(3) The term ‘‘Program Manager’’ means the
24
Golden Dome Direct Report Program Manager.
25
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(4) The term ‘‘Secretary’’ means the Secretary
1
of Defense.
2
SEC. 1544. IMPROVING UNITED STATES MISSILE DEFENSE
3
CAPABILITIES.
4
(a) ACCELERATING DEVELOPMENT OF NON-KINETIC
5
CAPABILITIES.—The Secretary shall assess the funding
6
needs required to accelerate development of non-kinetic
7
capabilities to negate missile or unmanned system threats
8
prior to launch or after launch. Such capabilities may in-
9
clude cyber (offense and defense), supply chain interdic-
10
tion, artificial intelligence-driven battle management, elec-
11
tromagnetic spectrum, directed energy weapons, and high-
12
power microwave defense options capable of defeating
13
large-scale missile or unmanned system attacks.
14
(b) ACCELERATING DEVELOPMENT OF INFORMATION
15
FUSION PLATFORM USING ARTIFICIAL INTELLIGENCE TO
16
DETECT THREATS.—The Secretary shall assess the fund-
17
ing needs required to accelerate development and rapid
18
prototyping of high technology readiness level (TRL) ca-
19
pabilities in order to acquire and field an information fu-
20
sion, software-centric platform that utilizes machine learn-
21
ing and artificial intelligence technologies capable of deliv-
22
ering air, land, space, and maritime domain awareness
23
and early warning capabilities for homeland defense across
24
disparate novel and legacy systems. Such platform shall
25
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employ a common data layer that can support the rapid
1
integration of new sensors and effectors across all tiers
2
of the integrated air and missile defense system.
3
(c) REQUIREMENT FOR NEXT GENERATION INTER-
4
CEPTOR FIELDING AND SILO CONSTRUCTION.—The Pro-
5
gram Manager shall, with support from the Missile De-
6
fense Agency, assess the funding needs necessary to ex-
7
pand Next Generation Interceptor production and silo con-
8
struction to field up to 80 interceptors for defense of the
9
United States. Subject to the availability of appropria-
10
tions, interceptor testing and initial fielding shall be com-
11
pleted not later than January 1, 2028.
12
(d) REQUIREMENT FOR COMBATANT COMMANDS TO
13
ACCOUNT FOR MISSILE DEFENSE INTERCEPTORS AND
14
SENSOR
REQUIREMENTS
IN
THEIR
ANNUAL
RE-
15
QUESTS.—For each fiscal year beginning after the date
16
of the enactment of this Act, each commander of a com-
17
batant command shall include the terrestrial-based sensor
18
requirements, space-based sensor requirements, and
19
counter-unmanned system requirements of the combatant
20
command of the commander in the supporting information
21
for the Department of Defense submitted along with the
22
budget of the President to Congress for such fiscal year
23
pursuant to section 1105(a) of title 31, United States
24
Code.
25
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(e) ACCELERATING DEVELOPMENT OF GLIDE PHASE
1
INTERCEPTOR.—The Program Manager shall assess the
2
funding needs required to accelerate development of the
3
Glide Phase Interceptor to defend against hypersonic
4
threats to the United States homeland.
5
(f) ACCELERATING PRODUCTION AND FIELDING OF
6
GROUND MOBILE INTERCEPTORS.—The Program Man-
7
ager shall assess the funding needs required to accelerate
8
the production and fielding of ground mobile interceptors
9
and radars for forward deployment and homeland defense
10
as the Secretary and President consider appropriate.
11
(g) ACCELERATING DEVELOPMENT OF RESILIENT
12
POSITIONING, NAVIGATION, AND TIMING FOR MISSILE
13
DEFENSE SYSTEMS.—The Program Manager shall assess
14
the funding needs required to accelerate development and
15
fielding of resilient positioning, navigation, and timing
16
(PNT) solutions that can operate effectively in ground po-
17
sitioning system (GPS)-denied environments. Such solu-
18
tions may include the following:
19
(1) Quantum-enhanced inertial navigation and
20
atomic clock technologies to maintain continuous po-
21
sitioning, navigation, and timing functionality in
22
ground positioning system-degraded or denied sce-
23
narios.
24
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(2) Enhanced terrestrial-based navigation sys-
1
tems for greater assured positioning in ground posi-
2
tioning system-contested environments.
3
(3) Robust data fusion techniques that inte-
4
grate multiple positioning, navigation, and timing
5
sources, such as radar-based tracking, vision-aided
6
navigation, and low-Earth orbit (LEO) signals, to
7
sustain operational effectiveness during electronic
8
warfare (EW) attacks or cyber intrusions.
9
(4) Commercially available, field-proven alter-
10
native positioning, navigation, and timing solutions
11
that leverage advanced sensor fusion, artificial intel-
12
ligence-driven error correction, and resilient posi-
13
tioning, navigation, and timing processing to provide
14
assured navigation for mobile and fixed defense plat-
15
forms,
including
those
currently
deployed
in
16
hypersonic tracking and integrated air and missile
17
defense applications.
18
(h) ACCELERATING DEVELOPMENT AND FIELDING
19
OF LOW-COST SCALABLE INTERCEPTOR.—The Program
20
Manager shall assess the funding needs required to accel-
21
erate development, test, and fielding of a low-cost scalable
22
interceptor that can augment existing production lines and
23
provide resiliency to the integrated air and missile defense
24
system.
25
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(i) ACCELERATING DEVELOPMENT
AND DEPLOY-
1
MENT OF SPACE-BASED SENSORS AND INTERCEPTORS.—
2
The Program Manager shall assess the funding needs re-
3
quired to accelerate development and deployment of pro-
4
liferated space-based sensors and interceptors capable of
5
ballistic and hypersonic missile intercept.
6
(j) ACCELERATING MODERNIZATION
OF CERTAIN
7
TERRESTRIAL
DOMAIN
CAPABILITIES.—The Program
8
Manager shall assess the funding needs required to accel-
9
erate modernization of terrestrial-based radar capabilities
10
and other such sensors to improve detection of interconti-
11
nental and sea-launched missile threats, as well as improve
12
space domain awareness capabilities.
13
(k) SITE SELECTION
AND PROGRAM EXECUTION
14
PLAN
FOR
HIGHLY
FLEXIBLE
MISSILE
DEFENSE
15
SITES.—Not later than 180 days after the date of the en-
16
actment of this Act, the Program Manager shall submit
17
to Congress a report detailing a plan for a highly flexible,
18
and if necessary mobile, terrestrial missile defense network
19
capable of defending critical nodes across the United
20
States, including noncontiguous States and territories,
21
from likely attack vectors.
22
(l) ACCELERATION OF MUNITIONS PRODUCTION FOR
23
MISSILE DEFENSE.—The Program Manager, working
24
with the military departments, shall assess the funding
25
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needs required to accelerate production of critical muni-
1
tions used for missile interception, including Standard
2
Missile 3 Blocks IB and IIA and PAC–2 and PAC–3 mu-
3
nitions, to ensure their availability as an additional sub-
4
layer of the Ground-based Midcourse Defense system.
5
(m) REQUIREMENT
FOR ACCELERATION
OF PRO-
6
CUREMENT AND FIELDING OF AIR MOVING TARGET INDI-
7
CATOR SYSTEMS.—The Program Manager shall assess the
8
funding needs required to accelerate the procurement and
9
fielding of air moving target indicator (AMTI) systems ca-
10
pable of detecting, tracking, and distinguishing airborne
11
moving targets from stationary or cluttered backgrounds.
12
(n) REQUIREMENT
FOR ACCELERATED DEVELOP-
13
MENT AND EXPANSION OF INTEGRATED UNDERSEA SUR-
14
VEILLANCE SYSTEM.—The Program Manager shall assess
15
the funding needs to accelerate the development and ex-
16
pansion of the Integrated Undersea Surveillance System
17
to detect and track undersea threats like submersibles that
18
carry missiles near United States shorelines.
19
(o) REPORT.—Not later than March 31, 2026, the
20
Secretary shall submit to the congressional defense com-
21
mittees a report summarizing the results of the assess-
22
ments carried out under this section.
23
(p) DEFINITIONS.—
24
(1) COMMERCIAL SOLUTION.—
25
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(A) IN GENERAL.—The term ‘‘commercial
1
solution’’ means a product, other than real
2
property, that—
3
(i) is of a type customarily used by
4
the general public or by nongovernmental
5
entities for purposes other than govern-
6
mental purposes and—
7
(ii)(I) has been sold, leased, or li-
8
censed to the general public; or
9
(II) has been offered for sale, lease, or
10
license to the general public.
11
(B) INCLUSION
OF
COMMERCIAL
PROD-
12
UCTS, COMPONENTS, AND SERVICES.—The term
13
‘‘commercial
solution’’
includes
commercial
14
products, components, and services in align-
15
ment with the Federal Government’s preference
16
for the acquisition of commercial products and
17
commercial services, as set forth in sections
18
1906, 1907, and 3307 of title 41, United States
19
Code, and sections 3451 through 3453 of title
20
10, United States Code, which establish acquisi-
21
tion policies more closely resembling those of
22
the commercial marketplace and encourage the
23
acquisition of commercial products and com-
24
mercial services.
25
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(2) GOLDEN DOME.—The term ‘‘Golden Dome’’
1
means the holistic missile defense architecture de-
2
scribed in this section.
3
(3) MISSILE.—The term ‘‘missile’’ means a bal-
4
listic, hypersonic, cruise, hypersonic cruise, or loi-
5
tering munition.
6
(4) PROGRAM MANAGER.—The term ‘‘Program
7
Manager’’ means the Golden Dome Direct Report
8
Program Manager.
9
(5) SECRETARY.—The term ‘‘Secretary’’ means
10
the Secretary of Defense.
11
(6) UNMANNED
SYSTEM.—The term ‘‘un-
12
manned system’’ means a remote-operated or auton-
13
omous unmanned system of any size maneuvering in
14
land, sea, air, or space that is capable of single at-
15
tacks, swarm attacks, or sensor and data collection
16
and reconnaissance.
17
Subtitle D—Other Matters
18
SEC. 1551. INDEPENDENT ASSESSMENT OF THE DEPART-
19
MENT OF DEFENSE NATIONAL INDUSTRIAL
20
SECURITY PROGRAM.
21
(a) AGREEMENT.—
22
(1) IN
GENERAL.—The Secretary of Defense
23
shall seek to enter into an agreement with the Na-
24
tional Academies of Sciences, Engineering, and Med-
25
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icine (in this section referred to as the ‘‘National
1
Academies’’) for the National Academies to conduct
2
the assessment under subsection (b) and submit the
3
report under subsection (e).
4
(2) TIMING.—The Secretary shall seek to enter
5
into the agreement described in paragraph (1) by
6
not later than 90 days after the date of the enact-
7
ment of this Act.
8
(b) EVALUATION.—
9
(1) IN
GENERAL.—Under an agreement be-
10
tween the Secretary and the National Academies en-
11
tered into pursuant to subsection (a), the National
12
Academies shall conduct an assessment of the De-
13
partment of Defense National Industrial Security
14
Program.
15
(2) ELEMENTS.—The assessment of the Pro-
16
gram conducted pursuant to paragraph (1) shall
17
cover the following:
18
(A) Understanding of the evolution of the
19
Program over time to determine if it is up to
20
date with current policies and regulatory re-
21
sponsibilities.
22
(B) Assessment of roles and responsibil-
23
ities of parties involved with the Program to de-
24
termine effectiveness, efficiencies, and align-
25
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ment of responsibilities with operating author-
1
ity.
2
(C) Assessment of whether the availability
3
of security workforce to oversee execution of the
4
Program is sufficient to satisfy the demand sig-
5
nal from entities under the Program.
6
(D) Analysis of available metrics or other
7
data to determine a baseline of effectiveness for
8
the Program.
9
(E) Assessment of data available to the
10
Department that might be used to update, add,
11
or refine measures of performance or effective-
12
ness for the Program.
13
(F) Appraisal of operating business proc-
14
esses or methods, including a determination of
15
where business process reengineering may be
16
needed.
17
(G) Assessment of the availability of new
18
tools or techniques that may be adopted by the
19
Program to increase effectiveness, efficiency,
20
and cost savings for the Program.
21
(H) Determination of whether available re-
22
sources are aligned to the greatest area of need.
23
(I) Assessment of data on personnel secu-
24
rity clearances and facility security clearances.
25
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(J) Identification of opportunities to re-
1
duce costs for industry and the government in
2
execution of the Program.
3
(K) Such other matters as the Secretary
4
considers appropriate.
5
(c) ACCESS TO DEPARTMENT OF DEFENSE PER-
6
SONNEL, INFORMATION, AND RESOURCES.—Under an
7
agreement entered into between the Secretary and the Na-
8
tional Academies under subsection (a), the Secretary shall
9
make available such personnel, information, and resources
10
as are necessary to execute the assessment required by
11
subsection (b).
12
(d) REPORT.—
13
(1) SUBMISSION
TO
CONGRESS.—Under an
14
agreement entered into between the Secretary and
15
the National Academies under subsection (a), the
16
National Academies shall, not later than one year
17
after the date of the execution of the agreement,
18
submit to the congressional defense committees a
19
consensus report containing the findings of the Na-
20
tional Academies with respect to the assessment
21
under subsection (b).
22
(2) FORM.—The report under paragraph (1)
23
shall be submitted in an unclassified form, but may
24
include a classified annex.
25
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(3) DEPARTMENT OF DEFENSE VIEWS ON AS-
1
SESSMENT.—Not more than 90 days after the Na-
2
tional Academies delivers the report to the congres-
3
sional defense committees under paragraph (1), the
4
Secretary shall provide the congressional defense
5
committees a briefing on the views of the Secretary
6
with respect to such report.
7
SEC. 1552. REFORMS RELATING TO INACTIVE SECURITY
8
CLEARANCES.
9
(a) EXTENSION
OF PERIOD INACTIVE SECURITY
10
CLEARANCES.—The Secretary of Defense shall make such
11
changes to Department of Defense Manual 5200.02 (relat-
12
ing to procedures for Department of Defense Personnel
13
Security Program), or successor manual, as may be nec-
14
essary to ensure an individual who has been retired or oth-
15
erwise separated from service in the Armed Forces or em-
16
ployment with the Department of Defense for a period of
17
not more than 5 years and who was eligible to access clas-
18
sified information on the day before the individual retired
19
or otherwise separated, will be granted eligibility by the
20
Secretary to access classified information as long as—
21
(1) there is no indication the individual no
22
longer satisfies the standards established for access
23
to classified information;
24
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(2) the individual certifies in writing to an ap-
1
propriate security professional that there has been
2
no change in the relevant information provided for
3
the last background investigation of the individual;
4
and
5
(3) an appropriate record check reveals no un-
6
favorable information.
7
(b) FEASIBILITY AND ADVISABILITY ASSESSMENT.—
8
(1) IN GENERAL.—The Secretary shall conduct
9
an assessment of the feasibility and advisability of
10
subjecting inactive security clearances to continuous
11
vetting and due diligence.
12
(2) BRIEFING.—Not later than June 30, 2026,
13
the Secretary shall provide to the Committee on
14
Armed Services of the Senate and the Committee on
15
Armed Services of the House of Representatives a
16
briefing on the findings of the Secretary with respect
17
to the assessment conducted pursuant to paragraph
18
(1).
19
SEC. 1553. ANNUAL REVIEW OF THE JOINT ELECTRO-
20
MAGNETIC
BATTLE
MANAGEMENT
SOFT-
21
WARE PROGRAM.
22
(a) ARRANGEMENT.—The Chief Information Officer
23
of the Department of Defense shall seek to enter into an
24
arrangement with a federally funded research and develop-
25
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ment center to perform the services covered by this sec-
1
tion.
2
(b) ANNUAL REVIEWS.—
3
(1) IN GENERAL.—Under an arrangement be-
4
tween the Chief Information Officer and a federally
5
funded research and development center under sub-
6
section (a), the federally funded research and devel-
7
opment center shall, not less frequently than once
8
each fiscal year, carry out a review of the Joint
9
Electromagnetic Battle Management Software Pro-
10
gram.
11
(2) ELEMENTS.—In carrying out a review
12
under paragraph (1), the federally funded research
13
and development center shall assess—
14
(A) whether the Electromagnetic Battle
15
Management Software Program—
16
(i) is using best practices, including
17
those developed by the Government Ac-
18
countability Office;
19
(ii) is adequately meeting require-
20
ments; and
21
(iii) is adequately adhering to price
22
and schedule; and
23
(B) such other matters as the federally
24
funded research and development center con-
25
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siders important to meeting the mission of the
1
program.
2
(c) REPORT.—Not later than September 30th of each
3
year until September 30, 2031, the Chief Information Of-
4
ficer shall provide to the congressional defense committees
5
a briefing on the most recently completed review carried
6
out under this section.
7
(d) SUNSET.—The arrangement in subsection (a)
8
shall end on October 1, 2031.
9
SEC. 1554. INTEGRATION OF ELECTRONIC WARFARE INTO
10
TIER 1 AND TIER 2 JOINT TRAINING EXER-
11
CISES.
12
(a) IN GENERAL.—Chapter 25 of title 10, United
13
States Code, is amended by adding at the end the fol-
14
lowing new section:
15
‘‘§ 500g. Integration of electronic warfare into Tier 1
16
and Tier 2 joint training exercises
17
‘‘(a) IN
GENERAL.—During fiscal years 2026
18
through 2030, the Chairman of the Joint Chiefs of Staff
19
shall require the integration of offensive and defensive
20
electronic warfare capabilities into Tier 1 and Tier 2 joint
21
training exercises.
22
‘‘(b) INCLUSION OF OPPOSING FORCE.—The Chair-
23
man shall require exercises conducted under subsection (a)
24
to include an opposing force design based on a current
25
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intelligence assessment of the electromagnetic order of
1
battle and capabilities of an adversary.
2
‘‘(c) WAIVER.—The Chairman may waive the applica-
3
tion of subsection (a) or (b) with respect to an exercise
4
if the Chairman determines that—
5
‘‘(1) the exercise does not require—
6
‘‘(A) a demonstration of electronic warfare
7
capabilities; or
8
‘‘(B) a militarily significant threat from
9
electronic warfare attack; or
10
‘‘(2) the integration of offensive and defensive
11
electronic warfare capabilities into the exercise is
12
cost prohibitive or not technically feasible based on
13
the overall goals of the exercise.
14
‘‘(d) BRIEFING.—Concurrent with the submission of
15
the budget of the President to Congress pursuant to sec-
16
tion 1105(a) of title 31, United States Code, for each of
17
fiscal years 2026 through 2030, the Chairman shall pro-
18
vide the congressional defense committees with a briefing
19
on exercises conducted under subsection (a) that in-
20
cludes—
21
‘‘(1) a description of such exercises planned and
22
included in the budget submission for that fiscal
23
year; and
24
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‘‘(2) the results of each such exercise conducted
1
in the preceding fiscal year, including—
2
‘‘(A) the extent to which offensive and de-
3
fensive electronic warfare capabilities were inte-
4
grated into the exercise;
5
‘‘(B) an evaluation and assessment of the
6
exercise to determine the impact of the oppos-
7
ing force on the participants in the exercise, in-
8
cluding—
9
‘‘(i) joint lessons learned;
10
‘‘(ii) high interest training issues; and
11
‘‘(iii) high interest training require-
12
ments; and
13
‘‘(C) an assessment as to whether offensive
14
and defensive electronic warfare capabilities
15
were part of an overall joint fires and, if so, a
16
description of the manner in which such capa-
17
bilities were incorporated into the joint fires.
18
‘‘(e) DEFINITIONS.—In this section:
19
‘‘(1) ELECTROMAGNETIC ORDER OF BATTLE.—
20
The term ‘electromagnetic order of battle’ has the
21
meaning given such term in Joint Publication 3–85
22
entitled ‘Joint Electromagnetic Spectrum Oper-
23
ations’, dated May 2020.
24
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‘‘(2) HIGH INTEREST TRAINING ISSUE; HIGH
1
INTEREST TRAINING REQUIREMENT; TIER 1; TIER
2
2.—The terms ‘high interest training issue’, ‘high in-
3
terest training requirement’, ‘Tier 1’, and ‘Tier 2’
4
have the meanings given such terms in the Joint
5
Training Manual for the Armed Forces of the
6
United States (Document No. CJCSM 3500.03E),
7
dated April 20, 2015.
8
‘‘(3) JOINT FIRES.—The term ‘joint fires’ has
9
the meaning given such term in the publication of
10
the Joint Staff entitled ‘Insights and Best Practices
11
Focus Paper on Integration and Synchronization of
12
Joint Fires’, dated July 2018.’’.
13
(b) CLERICAL AMENDMENT.—The table of sections
14
for chapter 25 of title 10, United States Code, is amended
15
by adding at the end the following new item:
16
‘‘500g. Integration of electronic warfare into Tier 1 and Tier 2 joint training
exercises.’’.
SEC. 1555. BRIEFINGS ON INTERCEPTS OF UNIDENTIFIED
17
ANOMALOUS PHENOMENA BY NORTH AMER-
18
ICAN AEROSPACE DEFENSE COMMAND AND
19
UNITED STATES NORTHERN COMMAND.
20
(a) IN GENERAL.—Section 1683(l) of the National
21
Defense Authorization Act for Fiscal Year 2022 (50
22
U.S.C. 3373(l)) is amended by adding at the end the fol-
23
lowing new paragraph:
24
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‘‘(5) INTERCEPTS.—
1
‘‘(A) IN GENERAL.—Each briefing under
2
this subsection shall include, for the period cov-
3
ered by the briefing, details on any unidentified
4
anomalous phenomena intercepts conducted by
5
the North American Aerospace Defense Com-
6
mand or United States Northern Command.
7
‘‘(B) SUMMARIES.—In providing a briefing
8
under this subsection, the Director of the Office
9
shall make available a summary of all instances
10
of intercepts described in subparagraph (A), in-
11
cluding—
12
‘‘(i) the number, location, and nature
13
of such intercepts; and
14
‘‘(ii) a description of the procedures
15
and protocols followed during the inter-
16
cepts, including any data collected or ana-
17
lyzed during such intercepts.
18
‘‘(C) TIMELY INFORMATION.—The Direc-
19
tor of the Office shall inform the appropriate
20
congressional committees of any failure by the
21
North American Aerospace Defense Command
22
or United States Northern Command to provide
23
timely information on unidentified anomalous
24
phenomena intercepts.’’.
25
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(b) FIRST BRIEFING.—Notwithstanding paragraph
1
(5) of such section, as added by subsection (a), for the
2
first briefing provided under such section after the date
3
of the enactment of this Act, the briefing shall include de-
4
tails on any unidentified anomalous phenomena intercepts
5
conducted by the North American Aerospace Defense
6
Command or United States Northern Command that oc-
7
curred during the period beginning on January 1, 2004,
8
and ending on the last day of the period otherwise covered
9
by the briefing.
10
SEC. 1556. CONSOLIDATED SECURITY CLASSIFICATION
11
GUIDANCE MATRIX FOR PROGRAMS RELAT-
12
ING TO UNIDENTIFIED ANOMALOUS PHE-
13
NOMENA.
14
(a) IN GENERAL.—Not later than 180 days after the
15
date of the enactment of this Act, the Director for the
16
All-Domain Anomaly Resolution Office shall issue a con-
17
solidated security classification guidance matrix for pro-
18
grams relating to unidentified anomalous phenomena in
19
order—
20
(1) to provide a resource for programs that
21
support or may be affected by unidentified anoma-
22
lous phenomena investigations; and
23
(2) to support increased reporting on unidenti-
24
fied anomalous phenomena events by ensuring indi-
25
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viduals, members of the Armed Forces, and other
1
Federal employees have adequate understanding of
2
the constraints they would be under when reporting
3
or discussing such event.
4
(b) ELEMENTS.—The consolidated security classifica-
5
tion guidance required by subsection (a) shall include—
6
(1) a comprehensive list of resources for all lev-
7
els of document control, including controlled unclas-
8
sified information, based on the current list of secu-
9
rity classification guides the All-Domain Anomaly
10
Resolution Office relies upon and references;
11
(2) the ability to disseminate as a centralized
12
document or other digital resource; and
13
(3) periodic updates based on the All-Domain
14
Anomaly Resolution Office updates and community
15
feedback on relevant security classification guides
16
that are recommended for inclusion.
17
(c) BRIEFING.—Not later than 30 days after the
18
issuance of the consolidated security guidance matrix
19
under subsection (a), the Director of the All-Domain
20
Anomaly Resolution Office shall provide a copy of such
21
guidance, as well as a briefing on the implementation of
22
the security guidance matrix, to the Committee on Armed
23
Services of the Senate and the Committee on Armed Serv-
24
ices of the House of Representatives.
25
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SEC. 1557 PLAN FOR INCREASING UTILITY OF USER ACTIV-
1
ITY MONITORING CAPABILITIES.
2
(a) IN GENERAL.—Not later than June 1, 2026, the
3
Secretary of Defense shall submit to the congressional de-
4
fense committees a plan for increasing the use of user ac-
5
tivity monitoring capabilities on Department of Defense
6
unclassified networks and systems.
7
(b) ELEMENTS.—The plan required by subsection (a)
8
shall include—
9
(1) identification of additional networks or sys-
10
tems to be covered by user activity monitoring;
11
(2) opportunities to integrate user activity mon-
12
itoring into other cybersecurity or personnel vetting
13
information systems to enhance the availability of
14
data, as well as increase performance for such sys-
15
tems;
16
(3) proposed timelines, milestones, and antici-
17
pated costs for expansion to the additional networks
18
identified pursuant to paragraph (1);
19
(4) identification of resources to continue ex-
20
pansion or integration with other cybersecurity or
21
personnel vetting information systems;
22
(5) an assessment of commercially available
23
tools that could be integrated to improve perform-
24
ance of user activity monitoring capabilities;
25
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(6) a description of what data is needed to de-
1
termine measures of performance and effectiveness;
2
and
3
(7) an assessment of the feasibility of inte-
4
grating a dashboard capability for user activity mon-
5
itoring performance data through the Advancing
6
Analytics tool.
7
SEC. 1558. SUPPORT BY THE 350TH SPECTRUM WARFARE
8
WING TO EA–37B COMPASS CALL AIRCRAFT.
9
(a) IN GENERAL.—The Secretary of the Air Force
10
shall ensure that the 350th Spectrum Warfare Wing can
11
adequately support the EA–37B Compass Call Aircraft,
12
including establishment of an EA–37 software-in-the-loop
13
(SITL) and hardware-in-the-loop (HITL) laboratory for
14
the 350th Spectrum Warfare Wing for—
15
(1) the rapid reprogramming of spectrum wave-
16
forms;
17
(2) verification and validation testing of wave-
18
forms; and
19
(3) such other matters as the Secretary con-
20
siders necessary for the continued development of
21
the EA–37B to effectively operate in a nonpermis-
22
sive spectrum environment.
23
(b) NOTICE OF NECESSARY TIMEFRAME.—Not later
24
than March 31, 2026, the Secretary shall submit to the
25
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congressional defense committees notice informing the
1
committees of the timeframe necessary to establish the
2
software-in-the-loop and hardware-in-the-loop laboratory
3
required by subsection (a).
4
SEC. 1559. REPORT ON THE TECHNICAL COLLECTION CAPA-
5
BILITIES OF THE PEOPLE’S REPUBLIC OF
6
CHINA AND THE RUSSIAN FEDERATION IN
7
THE REPUBLIC OF CUBA.
8
(a) IN GENERAL.—Not later than 180 days after the
9
date of the enactment of this Act, the Secretary of De-
10
fense, in consultation with the Director of National Intel-
11
ligence, shall submit to the appropriate committees of
12
Congress a report on the technical collection capabilities
13
of the People’s Republic of China and the Russian Federa-
14
tion in the Republic of Cuba.
15
(b) ELEMENTS.—The report required by subsection
16
(a) shall include an assessment of the following:
17
(1) The current technical collection capabilities,
18
and potential expansion of such capabilities, of the
19
People’s Republic of China and the Russian Federa-
20
tion in the Republic of Cuba.
21
(2) The counterintelligence risks associated
22
with such capabilities, including risks to operations
23
at United States Naval Station, Guantanamo Bay,
24
Cuba.
25
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(3) The capabilities and resources of the De-
1
partment of Defense to counter any technical collec-
2
tion capabilities of the People’s Republic of China
3
and the Russian Federation in the Republic of Cuba
4
identified by this report.
5
(c) FORM.—The report required by subsection (a)
6
shall be submitted in unclassified form but may contain
7
a classified annex.
8
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
9
FINED.—In this section, the term ‘‘appropriate commit-
10
tees of Congress’’ means—
11
(1) the Committee on Armed Services and the
12
Select Committee on Intelligence of the Senate; and
13
(2) the Committee on Armed Services and the
14
Permanent Select Committee on Intelligence of the
15
House of Representatives.
16
SEC. 1560. EXTENSION OF PROTECTION OF CERTAIN FA-
17
CILITIES AND ASSETS FROM UNMANNED AIR-
18
CRAFT.
19
Section 130i(i) of title 10, United States Code, is
20
amended—
21
(1) in paragraph (1), by striking ‘‘December
22
31, 2026’’ and inserting ‘‘December 31, 2027’’; and
23
(2) in paragraph (2), by striking ‘‘November
24
15, 2026’’ and inserting ‘‘November 15, 2027’’.
25
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SEC. 1561. CONSOLIDATION OF REPORTING REQUIRE-
1
MENTS APPLICABLE TO ALL-DOMAIN ANOM-
2
ALY RESOLUTION OFFICE.
3
(a) CONSOLIDATION.—Section 413 of the Intelligence
4
Authorization Act for Fiscal Year 2022 (division X of
5
Public Law 117–103; 50 U.S.C. 3373a) is amended—
6
(1) in subsection (a), by striking ‘‘makes such
7
data’’ and all that follows through the period and in-
8
serting ‘‘make such data available immediately, in a
9
manner that protects intelligence sources and meth-
10
ods, to the All-domain Anomaly Resolution Office es-
11
tablished under section 1683 of the National De-
12
fense Authorization Act for Fiscal Year 2022 (50
13
U.S.C. 3373).’’;
14
(2) by striking subsections (b) and (c); and
15
(3) by striking ‘‘(a) AVAILABILITY OF DATA ON
16
UNIDENTIFIED AERIAL PHENOMENA.—.—’’; and
17
(b) SECTION HEADING.—The heading of such section
18
is amended by striking ‘‘UNIDENTIFIED AERIAL PHE-
19
NOMENA TASK FORCE’’ and inserting ‘‘ALL-DOMAIN
20
ANOMALY RESOLUTION OFFICE’’.
21
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SEC. 1562. LIMITATION ON THE DIVESTMENT, CONSOLIDA-
1
TION, AND CURTAILMENT OF CERTAIN ELEC-
2
TRONIC WARFARE TEST AND EVALUATION
3
ACTIVITIES.
4
(a) PROHIBITION.—The Secretary of the Army shall
5
not take any action to divest, consolidate, or curtail any
6
electronic warfare test and evaluation activities that were
7
part of an Army element of the Major Range and Test
8
Facility Base on or before the date of the enactment of
9
this Act until the Secretary submits to the congressional
10
defense committees the report described in subsection (b).
11
(b) REPORT.—The report described in this subsection
12
is a report on a decision of the Secretary to divest, consoli-
13
date, or curtail an electronic warfare test or evaluation
14
activity described in subsection (a) that contains the fol-
15
lowing:
16
(1) A description of the analytic basis used by
17
the Secretary for making the decision, including
18
matters relating to any cost, workload, and work-
19
force requirements, as well as any analysis relating
20
to operational impact on users of the activities.
21
(2) The findings from an independent review by
22
the Director of the Office of Cost Assessment and
23
Program Evaluation of all analyses described in
24
paragraph (1).
25
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(3) A certification by the Director of the Test
1
Resource Management Center that the analyses de-
2
scribed in paragraph (1) and the decision of the Sec-
3
retary meet the requirement of the Department of
4
Defense, as required by section 4173(c)(1)(B) of
5
title 10, United States Code.
6
SEC. 1563. MODIFICATION OF FUNCTIONS OF ELECTRO-
7
MAGNETIC SPECTRUM ENTERPRISE OPER-
8
ATIONAL
LEAD
FOR
JOINT
ELECTRO-
9
MAGNETIC SPECTRUM OPERATIONS TO IN-
10
CLUDE DYNAMIC SPECTRUM SHARING TECH-
11
NOLOGIES.
12
Section 500e of title 10, United States Code, is
13
amended—
14
(1) in subsection (b)—
15
(A) by striking ‘‘responsible for synchro-
16
nizing’’ and inserting the following: ‘‘respon-
17
sible for—
18
‘‘(1) synchronizing’’;
19
(B) by striking the period at the end and
20
inserting ‘‘; and’’; and
21
(C) by adding at the end the following new
22
paragraph:
23
‘‘(2) coordinating test and evaluation of tactics,
24
techniques, and procedures for dynamic spectrum
25
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sharing technologies in joint electromagnetic oper-
1
ations.’’; and
2
(2) in subsection (c)—
3
(A) by redesignating paragraph (4) as
4
paragraph (6); and
5
(B) by inserting after paragraph (3) the
6
following new paragraphs:
7
‘‘(4) An assessment of any current gaps in test-
8
ing, evaluation, and validation mechanisms for fu-
9
ture joint use of dynamic spectrum sharing tech-
10
nologies.
11
‘‘(5) The feasibility and advisability of estab-
12
lishing designated virtual testing ranges so that op-
13
erators can develop tactics, techniques, and proce-
14
dures for dynamic spectrum sharing technologies.’’.
15
SEC. 1564. LIMITATION ON MODIFICATION OF CERTAIN
16
ELECTROMAGNETIC SPECTRUM RELIED ON
17
BY DEPARTMENT OF DEFENSE.
18
Section 488 of title 10, United States Code, is
19
amended by adding at the end the following new sub-
20
section:
21
‘‘(c) LIMITATION
ON
MODIFICATION
OF
SPEC-
22
TRUM.—(1) Until the earlier of September 30, 2034, or
23
the date on which the Chairman of the Joint Chiefs of
24
Staff certifies to the congressional defense committees
25
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that dynamic spectrum sharing (as defined in the Emerg-
1
ing Mid-Band Radar Spectrum Sharing (EMBRSS) Fea-
2
sibility Assessment Report of the Department of Defense
3
published in September 2023) is fully operational, the Sec-
4
retary of Defense may not modify any existing or future
5
applicable system between 3100 and 3450 megahertz and
6
between 7400 and 8400 megahertz unless the Secretary
7
and the Chairman of the Joint Chiefs of Staff jointly cer-
8
tify to Congress that such modification would not result
9
in a loss of capability for the armed forces.
10
‘‘(2) In this subsection, the term ‘applicable system’
11
means a Department of Defense system that relies on the
12
electromagnetic spectrum for its function, including any
13
communications, weapons, precision munitions, sensor,
14
geo-location, or wireless device.’’.
15
TITLE XVI—CYBERSPACE-
16
RELATED MATTERS
17
Subtitle A—Matters Relating to
18
Cyber Operations and Cyber
19
Forces
20
SEC. 1601. COMPREHENSIVE CYBER WORKFORCE STRAT-
21
EGY.
22
(a) STRATEGY AND REPORT REQUIRED.—Not later
23
than January 31, 2027, the Secretary of Defense shall,
24
acting through the Chief Information Officer of the De-
25
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partment of Defense and the Assistant Secretary of De-
1
fense for Cyber Policy and in consultation with the Chief
2
Information Officers and Principal Cyber Advisors of the
3
military departments—
4
(1) develop a comprehensive cyber workforce
5
strategy; and
6
(2) submit to the Committee on Armed Services
7
of the Senate and the Committee on Armed Services
8
of the House of Representatives a report on the
9
strategy developed under paragraph (1).
10
(b) CONTENTS.—The report required by subsection
11
(a)(2) shall include the following:
12
(1) An assessment of progress achieved and re-
13
maining gaps in implementation of the 2023–2027
14
Department of Defense Cyber Workforce Strategy,
15
including identification of elements that should be
16
continued, modified, or discontinued in the strategy
17
developed under subsection (a)(1).
18
(2) A descriptive analysis of the Defense Cyber
19
Workforce Framework (in this section referred to as
20
the ‘‘Framework’’), including the goals, activities,
21
milestones, and key performance indicators used by
22
the Department of Defense to measure progress and
23
assess the effectiveness of the implementation of the
24
strategy required by subsection (a)(1).
25
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(3) Assessment of the scope of the affected
1
workforce for the Framework, including specific
2
workforce numbers, vacancy numbers, work roles, or
3
other statistical data relating to personnel system
4
metrics.
5
(4) Identification of progress of the Department
6
in implementing the Framework based on the goals,
7
activities, milestones, and key performance indica-
8
tors described in paragraph (2).
9
(5) Identification of any issues, problems, or
10
roadblocks identified by the Department in imple-
11
menting the Framework, as well as any adjustments
12
required to measurements of progress or inclusions
13
of new goals, activities, milestones, key performance
14
indicators, or work roles since publication of such
15
framework, and any steps taken by the Department
16
to overcome issues or lack of authority to address
17
roadblocks.
18
(6) Opportunities to leverage support from non-
19
Department entities, or of any workforce or talent
20
management authorities that exist within other Fed-
21
eral agencies in which inclusion in the Framework
22
might benefit the Department.
23
(7) The availability of commercial tools that
24
support Framework talent management processes
25
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and might enhance performance or effectiveness, in-
1
cluding for workforce qualification and certification
2
tracking, talent identification and tracking, tagging
3
for additional skill identifiers in existing personnel
4
management systems, or enhancing skill develop-
5
ment for specific work roles.
6
(8) Opportunities to leverage supplementary
7
personnel models that might be adapted from other
8
domains, such as cyber civilian reserves or cyber
9
auxiliary forces.
10
(9) Integration of existing academic centers of
11
excellence or other university partnerships to help
12
improve workforce development, talent acquisition,
13
and skills development.
14
(10) A review of Framework work roles for arti-
15
ficial intelligence, data science, and data engineering
16
to assess alignment with corresponding work roles in
17
industry and recommendations for modifications to
18
enable more effective recruiting of industry talent.
19
(11) Resource requirements and implementation
20
timeline for the strategy developed under subsection
21
(a)(1), including budget estimates and key mile-
22
stones.
23
(c) EXTERNAL VIEWS.—In developing the strategy
24
required under subsection (a)(1), the Secretary may solicit
25
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or coordinate views from external organizations with rel-
1
evant expertise in human resources planning or human
2
capital strategy, higher education or training, or cyber
3
professional industry associations.
4
(d) FORM.—The report submitted pursuant to sub-
5
section (a)(2) shall be submitted in unclassified form, but
6
may include a classified annex.
7
SEC. 1602. UNITED STATES CYBER COMMAND ARTIFICIAL
8
INTELLIGENCE INDUSTRY COLLABORATION
9
ROADMAP.
10
(a) ROADMAP REQUIRED.—Not later than August 1,
11
2026, the Commander of United States Cyber Command
12
shall, in coordination with the Chief Digital and Artificial
13
Intelligence Officer of the Department of Defense, the Di-
14
rector of the Defense Advanced Research Projects Agency,
15
the Under Secretary of Defense for Research and Engi-
16
neering, the Under Secretary of Defense for Acquisition
17
and Sustainment, and the Director of the Defense Innova-
18
tion Unit, complete development of a roadmap for industry
19
collaboration on artificial intelligence-enabled cyber capa-
20
bilities for cyberspace operations of the Department of De-
21
fense.
22
(b) PURPOSE.—The roadmap developed under sub-
23
section (a) shall establish a framework for coordination
24
between the private sector and the Department of Defense
25
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to integrate state-of-the-art artificial intelligence capabili-
1
ties into offensive and defensive cyberspace operations
2
through—
3
(1) convening United States commercial artifi-
4
cial intelligence developers, cybersecurity experts,
5
and relevant Federal Government offices; and
6
(2) facilitating information exchange on artifi-
7
cial intelligence technology and capabilities for cyber
8
operations.
9
(c) ELEMENTS.—The roadmap developed under sub-
10
section (a) shall address the following:
11
(1) Courses of action and selected approach on
12
various alternatives to manage and execute collabo-
13
rative research and development partnerships with
14
industry.
15
(2) Collaborative development lines of effort for
16
artificial intelligence-enabled cyber capabilities and
17
associated near-term use cases.
18
(3) Strategy and methodology for industry en-
19
gagement and commercial collaboration, including—
20
(A) contractual mechanisms for industry
21
collaboration on cyber tools and capabilities;
22
(B) security clearance requirements, goals,
23
and resource needs for industry partners; and
24
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(C) evaluation of existing contract and col-
1
laboration authorities and identification of re-
2
quired policy changes or new authorities.
3
(4) Implementation objectives, milestones, and
4
status of relevant pilot programs.
5
(5) Technology transition mechanisms from de-
6
velopment to operational use.
7
(6) Infrastructure requirements and associated
8
costs.
9
(7) Assessment of organizational structure op-
10
tions, including establishment of a new center or in-
11
tegration within existing organizations.
12
(d) CONGRESSIONAL BRIEFINGS.—
13
(1) INITIAL BRIEFING.—Not later than Novem-
14
ber 1, 2026, the Commander of United States Cyber
15
Command shall provide the congressional defense
16
committees a briefing on the roadmap developed
17
under subsection (a).
18
(2) ANNUAL UPDATES.—During the period be-
19
ginning on the date on which the President submits
20
to Congress a budget for fiscal year 2028 pursuant
21
to section 1105(a) of title 31, United States Code,
22
and ending on December 31, 2030, the Commander
23
shall, not less frequently than once each year, pro-
24
vide the congressional defense committees a briefing
25
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on the status of industry collaboration activities car-
1
ried out in accordance with the roadmap developed
2
under subsection (a).
3
SEC.
1603.
STRATEGY
FOR
DETERRENCE
AGAINST
4
CYBERATTACKS AGAINST DEFENSE CRITICAL
5
INFRASTRUCTURE OF THE UNITED STATES.
6
(a) IN GENERAL.—The Secretary of Defense shall,
7
in coordination with the Assistant Secretary of Defense
8
for Cyber Policy, the Chairman of the Joint Chiefs of
9
Staff, the Commander of United States Cyber Command,
10
and the Deputy Assistant Secretary of Defense for De-
11
fense Continuity and Mission Assurance, develop a strat-
12
egy and a list of various courses of action across the spec-
13
trum of military capabilities to create a credible deterrence
14
against cyberspace attacks and posturing for future such
15
attacks against United States defense critical infrastruc-
16
ture.
17
(b) STRATEGY.—
18
(1) IN GENERAL.—The Secretary shall ensure
19
that the strategy required by subsection (a)—
20
(A) includes an evaluation of how to deter
21
actions of adversaries in cyberspace across the
22
full spectrum of offensive planning and action;
23
and
24
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(B) outlines a range of options available
1
for the Department to demonstrate a credible
2
deterrence through cost imposing courses of ac-
3
tion.
4
(2) ELEMENTS.—The strategy required by sub-
5
section (a) shall incorporate the following elements:
6
(A) A comprehensive assessment of adver-
7
sary cyber capabilities and intent regarding de-
8
fense critical infrastructure attacks.
9
(B) Identification of what specific adver-
10
sary cyber capabilities and actor’s actions under
11
this strategy seeks to deter.
12
(C) Methodology and classification of types
13
of targets to hold at risk and what actions
14
would be necessary to impose costs at different
15
levels of escalation.
16
(D) An assessment of the capabilities and
17
any related requirement gaps to create the
18
needed effects against these categories of tar-
19
gets and their relative impact to deterrence and
20
escalation.
21
(E) An evaluation of the role of offensive
22
cyber operations in combination with, as well as
23
independent of, other means of military capa-
24
bilities in creating an effective deterrent, and
25
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an assessment of the current capability and
1
gaps in capability needed to successfully con-
2
duct these offensive cyber operations.
3
(F) An assessment of policy and authori-
4
ties in effect with respect to holding adversary
5
targets at risk and recommendations for modi-
6
fications to enable effective deterrence and
7
managed escalation.
8
(G) Evaluation of reveal and conceal cri-
9
teria and methodology to demonstrate the
10
United States capability of imposing costs while
11
preserving operational security.
12
(H) Framework for integration of inter-
13
agency partners, as well as allies and partners,
14
industry, and academia, to enhance deterrence.
15
(3) DEADLINE.—The Secretary shall complete
16
the development of the strategy required by sub-
17
section (a) on or before December 1, 2026.
18
(c) COURSES OF ACTION.—
19
(1) IN GENERAL.—The list of various courses
20
of action required under subsection (a) shall include
21
a list of military alternatives, guided by the strategy
22
developed under such subsection, using the full
23
range of military capabilities, including offensive
24
cyber operations that actively impose or threaten to
25
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impose costs on an adversary to create a credible de-
1
terrence. The courses of action shall be organized for
2
competition, crisis, and conflict.
3
(2) DEADLINE.—Not later than June 1, 2026,
4
the Secretary shall complete the development of the
5
list of various courses of action required by sub-
6
section (a).
7
(d) BRIEFINGS AND SUBMITTAL TO CONGRESS.—
8
(1) INTERIM BRIEFING.—Not later than March
9
1, 2026, the Secretary shall provide to the congres-
10
sional defense committees an interim briefing on the
11
strategy required under subsection (a).
12
(2) FINAL
BRIEFING
AND
SUBMITTAL.—Not
13
later than June 1, 2026, the Secretary shall—
14
(A) provide to the congressional defense
15
committees a briefing on the strategy developed
16
under subsection (a) and the list of various
17
courses of action developed under such sub-
18
section; and
19
(B) submit to the congressional defense
20
committees a report on such strategy and such
21
list of various courses of action.
22
(e) DEFINITIONS.—In this section:
23
(1) The term ‘‘defense critical infrastructure’’
24
has the meaning given that term ‘‘critical infrastruc-
25
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ture of the Department of Defense’’ in section
1
1650(e) of the National Defense Authorization Act
2
for Fiscal Year 2017 (Public Law 114–328; 10
3
U.S.C. 2224 note).
4
(2) The term ‘‘imposing costs’’ means actions
5
taken against adversaries that result in economic,
6
diplomatic, informational, or military consequences
7
significant enough to change the adversary’s behav-
8
ior or calculations regarding cyberspace operations
9
against the United States.
10
SEC. 1604. AMENDMENT TO ANNUAL ASSESSMENTS AND RE-
11
PORTS ON ASSIGNMENT OF CERTAIN BUDG-
12
ET
CONTROL
RESPONSIBILITY
TO
COM-
13
MANDER OF THE UNITED STATES CYBER
14
COMMAND.
15
Section 1558 of the James M. Inhofe National De-
16
fense Authorization Act for Fiscal Year 2023 (Public Law
17
117–263) is amended—
18
(1) in subsection (a)(2)—
19
(A) by redesignating subparagraph (H) as
20
subparagraph (I); and
21
(B) by inserting after subparagraph (G)
22
the following new subparagraph (H):
23
‘‘(H) A review of investment in artificial
24
intelligence capabilities, including an assess-
25
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ment of alignment with defined roadmap mile-
1
stones and Department of Defense use cases.’’;
2
and
3
(2) in subsection (b)—
4
(A) by striking ‘‘2028’’ and inserting
5
‘‘2030’’; and
6
(B) by inserting ‘‘and briefing’’ after ‘‘a
7
report’’.
8
SEC. 1605. REPORT ON RESERVE COMPONENT INTEGRA-
9
TION INTO CYBER MISSION FORCE AND
10
CYBERSPACE OPERATIONS.
11
(a) REPORT REQUIRED.—Not later than August 1,
12
2026, the Assistant Secretary of Defense for Cyber Policy
13
and the Commander of United States Cyber Command
14
shall jointly, in coordination with the Chief of the National
15
Guard Bureau, the principal cyber advisors of each of the
16
military departments, the chief of each reserve component,
17
and the Office of the Under Secretary of Defense for Per-
18
sonnel and Readiness, submit to the congressional defense
19
committees a report on the integration of the reserve com-
20
ponents into the cyber mission force in support of cyber-
21
space operations.
22
(b) CONTENTS.—The report required under sub-
23
section (a) shall include the following:
24
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(1) An assessment of the different authorities
1
available within each status of the reserve compo-
2
nents, with particular focus on the National Guard
3
and authorities under title 32, United States Code,
4
and how the Department of Defense can use per-
5
sonnel of the reserve components in such statuses
6
within the cyber mission force and in support of
7
cyberspace operations.
8
(2) An analysis of current and planned efforts
9
to work with the military departments, the National
10
Guard, and the adjutants general of each State to
11
develop unique cyber capabilities that address identi-
12
fied operational requirements and that maximize use
13
of local industry expertise and academic partner-
14
ships.
15
(3) A description of methods to work with the
16
military departments, the National Guard Bureau,
17
and the adjutants general of each State to track and
18
identify key skills and competencies that are not
19
part of primary military occupational specialties of
20
members of the military departments, but are devel-
21
oped through their civilian career experience.
22
(4) An identification of the billets, resources,
23
and support infrastructure needed to maximize the
24
unique expertise, capabilities, and authorities of the
25
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reserve components in support of the cyber mission
1
of the Department.
2
(5) An evaluation of what types of authorities
3
would be most beneficial to maximize the activation
4
and support of the reserve components to cyberspace
5
operations, including any legislative action that may
6
be required.
7
(6) An evaluation of the existing barriers to or
8
impediments for integration of the reserve compo-
9
nents into the cyber mission force in support of
10
cyberspace operations and an assessment of mitiga-
11
tion initiatives with respect to paragraphs (1)
12
through (5).
13
(7) Such other matters as the Assistant Sec-
14
retary of Defense for Cyber Policy and the Com-
15
mander of United States Cyber Command consider
16
appropriate.
17
(8) The implementation plan required by sub-
18
section (c).
19
(c) IMPLEMENTATION PLAN.—
20
(1) PLAN
REQUIRED.—The implementation
21
plan required by subsection (b)(6) shall detail how
22
the Department should better integrate the reserve
23
components into cyber mission forces and cyberspace
24
operations of the Department.
25
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(2) ELEMENTS.—The implementation plan re-
1
quired by subsection (b)(6) shall include the fol-
2
lowing:
3
(A) Clearly defined roles and responsibil-
4
ities for the Department of Defense, the mili-
5
tary departments, United States Cyber Com-
6
mand, and the National Guard Bureau.
7
(B) Timelines and milestones for imple-
8
mentation of the recommended actions.
9
(C) Metrics to measure progress and effec-
10
tiveness of integration efforts.
11
(D) Resource requirements, including per-
12
sonnel, equipment, and funding necessary to
13
implement the plan.
14
(E) Recommendations for policy changes
15
and, if appropriate, legislative proposals to im-
16
prove integration.
17
(F) A strategy for continuous assessment
18
and improvement of reserve component integra-
19
tion.
20
(G) A detailed analysis of force structure
21
requirements and optimal reserve component
22
organization, including the appropriate balance
23
between traditional aligned reserve component
24
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units and individual mobilization augmentees
1
for cyber mission force requirements.
2
(H) A comprehensive assessment regarding
3
funding for the activation of reserve component
4
personnel possessing critical, low-density, and
5
high-demand cyber skills, and an evaluation of
6
readiness impacts resulting from insufficient
7
dedicated funding for such activations.
8
(I) An evaluation of operational impacts to
9
cyber mission force readiness when reserve com-
10
ponent personnel and units with cyber capabili-
11
ties are activated for missions outside the cyber
12
domain.
13
(d) BRIEFINGS REQUIRED.—
14
(1) INTERIM BRIEFING.—Not later than April
15
1, 2026, the Assistant Secretary of Defense for
16
Cyber Policy and the Commander of United States
17
Cyber Command shall jointly provide to the congres-
18
sional defense committees an interim briefing on the
19
report required by subsection (a).
20
(2) FINAL BRIEFING.—Not later than August
21
1, 2026, the Assistant Secretary of Defense for
22
Cyber Policy and the Commander of United States
23
Cyber Command shall jointly provide a final briefing
24
to the congressional defense committees on the find-
25
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ings contained in the report submitted pursuant to
1
subsection (a).
2
(e) FORM.—The report required under subsection (a)
3
shall be submitted in unclassified form, but may include
4
a classified annex.
5
(f) DEFINITION OF RESERVE COMPONENT.—In this
6
section, the term ‘‘reserve component’’ means a reserve
7
component of the military departments named under sec-
8
tion 10101 of title 10, United States Code.
9
SEC. 1606. EVALUATION OF CYBER RANGE MANAGEMENT
10
AND FUNDING.
11
(a) IN GENERAL.—Not later than January 15, 2027,
12
the Secretary of Defense shall, in coordination with the
13
Assistant Secretary of Defense for Cyber Policy, the
14
Under Secretary of Defense for Research and Engineer-
15
ing, the Under Secretary of Defense for Acquisition and
16
Sustainment, and the principal cyber advisors of the mili-
17
tary departments, complete a comprehensive evaluation of
18
the current structure of oversight for the cyber ranges of
19
the Department of Defense, including an assessment of
20
the separate executive agent designations for cyber test
21
ranges and cyber training ranges.
22
(b) ELEMENTS.—The evaluation required by sub-
23
section (a) shall include the following elements:
24
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(1) A thorough assessment of the effectiveness
1
of the current organizational structure under which
2
separate executive agents exist for cyber test ranges
3
and cyber training ranges.
4
(2) A detailed analysis of funding mechanisms
5
and budgetary authority challenges and benefits as-
6
sociated with the current structure, potential alter-
7
native structures, and unified oversight options.
8
(3) A comprehensive evaluation of the potential
9
integration of physical and logical ranges under var-
10
ious organizational structures.
11
(4) An assessment of how different organiza-
12
tional structures would affect the speed and ease of
13
transferring systems or tools from test environments
14
into operational use, including the incorporation of
15
tactics, techniques, and procedures.
16
(5) A recommendation to the Secretary regard-
17
ing whether the current separate executive agent
18
structure should be maintained, or an alternative
19
structure, including a unified executive agent struc-
20
ture, should be implemented.
21
(6) In the event the recommendation under
22
paragraph (5) supports maintaining separate execu-
23
tive agents, the specific criteria that would need to
24
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be satisfied for the two functions to be managed
1
under a singular organization in the future.
2
(c) CONGRESSIONAL NOTIFICATION.—Not later than
3
March 1, 2027, the Secretary shall provide to the congres-
4
sional defense committees a briefing on—
5
(1) the recommendation developed under sub-
6
section (b)(5);
7
(2) the determination made by the Secretary re-
8
garding the organizational structure for cyber range
9
oversight; and
10
(3) a summary of the findings of the Secretary
11
with respect to the evaluation conducted under sub-
12
section (a); and
13
(4) an implementation plan for any approved
14
changes to the cyber range oversight structure.
15
SEC. 1607. MODIFICATION TO REPORTING REQUIREMENTS
16
FOR SENIOR MILITARY ADVISOR FOR CYBER
17
POLICY.
18
Section 392a(b) of title 10, United States Code, is
19
amended—
20
(1) in paragraph (2)—
21
(A) in subparagraph (A)(i), by striking
22
‘‘the Under Secretary of Defense for Policy’’
23
and inserting ‘‘the Assistant Secretary of De-
24
fense for Cyber Policy’’; and
25
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(B) in subparagraph (B), by striking ‘‘,
1
the following:’’ and all that follows through the
2
period at the end and inserting ‘‘the Assistant
3
Secretary of Defense for Cyber Policy’’; and
4
(2) in paragraph (3)(A)—
5
(A) in clause (i), by striking ‘‘the Under
6
Secretary of Defense for Policy’’ and inserting
7
‘‘the Assistant Secretary of Defense for Cyber
8
Policy’’;
9
(B) in clause (ii), by striking ‘‘Under Sec-
10
retary’’ and inserting ‘‘Assistant Secretary of
11
Defense for Cyber Policy’’;
12
(C) in clause (iii), by striking ‘‘Under Sec-
13
retary of Defense for Policy’’ and inserting
14
‘‘Assistant Secretary of Defense for Cyber Pol-
15
icy’’; and
16
(D) by striking clause (iv).
17
SEC. 1608. PLANNING, PROGRAMMING, AND BUDGET CO-
18
ORDINATION FOR OPERATIONS OF CYBER
19
MISSION FORCE.
20
Section 167b of title 10, United States Code, is
21
amended by adding at the end the following new sub-
22
sections:
23
‘‘(f) PLANNING, PROGRAMMING, AND BUDGETING.—
24
(1)(A) In addition to the activities of a combatant com-
25
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mand for which funding may be requested under section
1
166(b) of this title, the Commander of the United States
2
Cyber Command shall, subject to the authority, direction,
3
and control of the Principal Cyber Advisor of the Depart-
4
ment of Defense, be responsible for directly controlling
5
and managing the planning, programming, budgeting, and
6
execution of resources to train, equip, operate, and sustain
7
the cyber mission force, which shall include the following:
8
‘‘(i) Preparation of a program objective memo-
9
randum and budget estimate submission for the re-
10
sources required to train, equip, operate, and sustain
11
the cyber mission force.
12
‘‘(ii) Preparation of budget materials pertaining
13
to the United States Cyber Command for inclusion
14
in the budget justification materials that are sub-
15
mitted to Congress in support of the budget of the
16
Department of Defense for a fiscal year, as sub-
17
mitted with the budget of the President under sec-
18
tion 1105(a) of title 31, United States Code, that is
19
separate from any other military department or
20
component of the Department of Defense.
21
‘‘(B) The responsibilities assigned to the Commander
22
of the United States Cyber Command pursuant to sub-
23
paragraph (A) shall not include the following:
24
‘‘(i) Military pay and allowances.
25
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‘‘(ii) Funding for facility support that is pro-
1
vided by the military departments.
2
‘‘(2)(A) Before the budget proposal for the United
3
States Cyber Command for any fiscal year is submitted
4
to the Secretary of Defense, the Commander of the United
5
States Cyber Command shall consult with the Secretaries
6
of the military departments concerning funding for units
7
of the reserve components within the cyber mission force.
8
If the Secretary of a military department does not concur
9
in the recommended level of funding with respect to any
10
such unit that is under the jurisdiction of the Secretary
11
of the military department, the Commander shall include
12
with the budget proposal submitted to the Secretary of
13
Defense the views of the Secretary of the military depart-
14
ment concerning such funding.
15
‘‘(B) Before the budget proposal for a military de-
16
partment for any fiscal year is submitted to the Secretary
17
of Defense, the Secretary of the military department shall
18
consult with the Commander of the United States Cyber
19
Command concerning funding for cyber mission forces
20
within the reserve component in the military personnel
21
budget for that military department. If the Commander
22
does not concur in the recommended level of funding with
23
respect to individual augmentees or units within the re-
24
serve component, the Secretary of the military department
25
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shall include with the budget proposal submitted to the
1
Secretary of Defense the views of the Commander.’’.
2
SEC. 1609. EXPANSION OF SCOPE OF AFFIRMATION OF AU-
3
THORITY FOR CYBER OPERATIONS TO IN-
4
CLUDE DEFENSE OF CRITICAL INFRASTRUC-
5
TURE OF THE DEPARTMENT OF DEFENSE.
6
(a) SCOPE OF AFFIRMATION OF AUTHORITY.—Sub-
7
section (b) of section 394 of title 10, United States Code,
8
is amended by inserting ‘‘defense of critical infrastructure
9
of the Department of Defense,’’ after ‘‘force protection,’’.
10
(b) AMENDMENT TO DEFINITIONS.—Subsection (f)
11
of such section 394 is amended—
12
(1) by redesignating paragraphs (2) and (3) as
13
paragraphs (3) and (4), respectively; and
14
(2) by inserting after paragraph (1) the fol-
15
lowing new paragraph (2):
16
‘‘(2) The term ‘critical infrastructure of the De-
17
partment of Defense’ means any asset of the De-
18
partment of Defense of such extraordinary impor-
19
tance to the functioning of the Department and the
20
operation of the armed forces that the incapacitation
21
or destruction of such asset by a cyber attack would
22
have a debilitating effect on the ability of the De-
23
partment to fulfill its missions.’’.
24
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SEC. 1610. REVIEW OF FUTURE FORCE EMPLOYMENT CON-
1
CEPTS AND ASSOCIATED PERSONNEL POLICY
2
NEEDS FOR EVOLVING CYBER FORCES.
3
(a) REVIEW REQUIRED.—Not later than June 1,
4
2026, the Secretary of Defense shall, acting through the
5
covered officials, conduct a review of future force employ-
6
ment concepts for the cyber force, including all elements
7
of the Cyber Operations Force (COF), to assess where ad-
8
ditional recommendations for personnel policy changes
9
may be warranted.
10
(b) ELEMENTS OF REVIEW.—The review and updates
11
under subsection (a) shall address the respective roles of
12
the military departments and United States Cyber Com-
13
mand with respect to the following:
14
(1) Evaluation of future force employment con-
15
cepts of cyber forces, including the following:
16
(A) Inclusion of additional elements of the
17
Cyber Operations Force in various geographic
18
combatant command operational scenarios to
19
provide tactical-level effects, or integration with
20
non-cyber tactical units, using radio-frequency
21
enabled cyber or other off-net cyber operations
22
techniques.
23
(B) Assessment of new or novel formations
24
outside of the current Cyber Mission Force con-
25
struct.
26
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(C) Experimentation with other doctrine,
1
organization, training, materiel, leadership and
2
education, personnel, facilities, and policy ap-
3
proaches for cyber effects or integrated non-ki-
4
netic effects beyond the current Cyber Mission
5
Force approach for on-net operations.
6
(2) Coordination between United States Cyber
7
Command and the military departments regarding
8
recruiting and retention to ensure that personnel re-
9
quirements of the cyber mission forces and the mili-
10
tary departments are met appropriately.
11
(3) Opportunities for members of the cyber mis-
12
sion forces to enroll in professional military edu-
13
cation for potential future forces, or needs for new
14
professional military education opportunities for
15
such forces.
16
(4) Assessment of expansion of promotion path-
17
ways for members of such future forces and an as-
18
sessment of whether such opportunities are adequate
19
to fulfill staffing requirements based on these future
20
force employment concepts.
21
(5) Data sharing between the military depart-
22
ments and United States Cyber Command with re-
23
spect to capturing information on, demographics and
24
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additional skill identifiers for personnel of such fu-
1
ture forces.
2
(6) Such other matters as the Secretary of De-
3
fense considers appropriate.
4
(c) REPORT REQUIRED.—Not later than September
5
1, 2026, the Secretary shall submit to the Committee on
6
Armed Services of the Senate and the Committee on
7
Armed Services of the House of Representatives a report
8
on such review and any resulting updates to guidance and
9
processes. The report shall also include such recommenda-
10
tions as the Secretary may have regarding matters de-
11
scribed in subsection (a) or (b).
12
(d) DEFINITION OF COVERED OFFICIALS.—In this
13
section, the term ‘‘covered officials’’ means—
14
(1) the Secretaries of the military departments;
15
(2) the Assistant Secretary of Defense for
16
Cyber Policy; and
17
(3) the Commander of United States Cyber
18
Command.
19
SEC. 1610A. EVALUATION OF JOINT TASK FORCE–CYBER IN
20
SUPPORT
OF
GEOGRAPHIC
COMBATANT
21
COMMANDS.
22
(a) STUDY AND EVALUATION.—Not later than July
23
1, 2026, the Secretary of Defense shall, acting through
24
the Assistant Secretary of Defense for Cyber Policy and
25
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the Vice Chairman of the Joint Chiefs of Staff, in con-
1
sultation with the Commander of United States Cyber
2
Command, jointly conduct a comprehensive study on force
3
employment in support of combatant commands and an
4
evaluation of establishing Joint Task Force-Cyber ele-
5
ments across all of the geographic combatant commands.
6
(b) ELEMENTS OF EVALUATION AND STUDY.—The
7
study and evaluation required under subsection (a) shall
8
include the following:
9
(1) An assessment of cyber force employment
10
requirements and capabilities across all geographic
11
combatant commands.
12
(2) An assessment of the benefits and limita-
13
tions of the operational need for Joint Task Force-
14
Cyber elements in each geographic combatant com-
15
mand area of operations under the following condi-
16
tions:
17
(A) Under the operational control of the
18
geographic command of the geographic combat-
19
ant commanders.
20
(B) Under the existing construct.
21
(3) An analysis of the optimal command and
22
control structures for Joint Task Force-Cyber ele-
23
ments, including—
24
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(A) the designation of Joint Task Force
1
Establishing Authority, as defined in joint doc-
2
trine and instructions;
3
(B) the alignment of operational control
4
and tactical control over subordinate forces; and
5
(C) concurrent Joint Task Force Estab-
6
lishing Authority management structures be-
7
tween United States Cyber Command and re-
8
spective geographic combatant commands.
9
(4) An assessment of force structure require-
10
ments, including—
11
(A) assigned forces for each potential Joint
12
Task Force-Cyber element;
13
(B) manning and resourcing requirements
14
relative to assigned missions; and
15
(C) sources of personnel required.
16
(5) An evaluation of the integration and
17
sustainment of cyber capabilities and effects.
18
(6) An identification of supporting infrastruc-
19
ture requirements for each geographic combatant
20
command.
21
(7) A description of potential missions and lines
22
of effort for Joint Task Force-Cyber elements.
23
(8) An analysis of relationships with existing
24
entities within each geographic combatant command,
25
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including an assessment of complementary and du-
1
plicative activities.
2
(9) Such other matters as the Assistant Sec-
3
retary of Defense for Cyber Policy and the Vice
4
Chairman of the Joint Chiefs of Staff determine ap-
5
propriate.
6
(c) IMPLEMENTATION
PLAN
FOR
JOINT
TASK
7
FORCE-CYBER.—The study and evaluation required under
8
subsection (a) shall include a comprehensive implementa-
9
tion plan for establishing Joint Task Force-Cyber ele-
10
ments across geographic combatant commands starting
11
with United States Indo-Pacific Command, as determined
12
appropriate based on the findings of the study and evalua-
13
tion.
14
(d) REPORT REQUIRED.—Not later than July 1,
15
2026, the Assistant Secretary of Defense for Cyber Policy,
16
the Vice Chairman of the Joint Chiefs of Staff, and the
17
Commander of United States Cyber Command shall joint-
18
ly submit to the Secretary of Defense and the congres-
19
sional defense committees a report containing—
20
(1) the results of the study and evaluation re-
21
quired under subsection (a);
22
(2) the implementation plan required under
23
subsection (c);
24
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(3) views from each of the geographic combat-
1
ant commands regarding the results of the study in
2
subsection (a) and the implementation plan in sub-
3
section (b); and
4
(4) recommendations for legislative or adminis-
5
trative actions required to implement the plan.
6
(e) LIMITATION ON AVAILABILITY OF FUNDS.—Of
7
the funds authorized to be appropriated by this Act, or
8
otherwise made available for fiscal year 2026 for operation
9
and maintenance, Defense-wide, and available for the As-
10
sistant Secretary of Defense for Cyber Policy, not more
11
than 90 percent may be obligated or expended until the
12
date on which the Assistant Secretary of Defense for
13
Cyber Policy and the Vice Chairman of the Joint Chiefs
14
of Staff submit to the congressional defense committees
15
the complete report required under subsection (d).
16
SEC. 1610B. PROHIBITION ON AVAILABILITY OF FUNDS TO
17
MODIFY AUTHORITIES OF THE COMMANDER
18
OF UNITED STATES CYBER COMMAND.
19
None of the funds authorized to be appropriated by
20
this Act or otherwise made available for fiscal year 2026
21
for the Department of Defense, may be obligated or ex-
22
pended to modify, reorganize, or otherwise change the re-
23
sponsibilities, authorities, or command structure of the
24
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Commander of United States Cyber Command from those
1
in effect on June 1, 2025.
2
SEC. 1610C. PROGRAM FOR TALENT MANAGEMENT OF
3
CYBER PERSONNEL THROUGH ACTIVE AND
4
RESERVE TRANSITIONING.
5
(a) PROGRAM ESTABLISHED.—The Secretary of De-
6
fense, as part of the Defense Cyber Workforce Frame-
7
work, shall design and implement a program to support
8
active management of cyber talent transitioning to the re-
9
serve cyber force by May 1, 2026.
10
(b) ELEMENTS.—The program as required under
11
subsection (a) shall include the following elements:
12
(1) The ability to track, reskill, and upskill
13
transitioning active-duty cyber personnel and critical
14
enablers from the Cyber Mission Force (CMF) for
15
potential retention in the reserve component to meet
16
emerging cyber mission demands.
17
(2) The ability to conduct transparent and time
18
efficient means to recruit transitioning, fully quali-
19
fied, and in good standing active-duty cyber mission
20
force personnel and cyber enabling forces deemed
21
necessary by the United States Cyber Command
22
(USCYBERCOM) and its subordinate commands.
23
(3) Establishment of a centralized resource in
24
the Department to—
25
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(A) provide incentive services as a reten-
1
tion tool to aid transitioning CMF personnel in
2
navigating the active to reserve component per-
3
sonnel system across the military services;
4
(B) identify and advertise vacancies in re-
5
serve cyber units; and
6
(C) enable transition to civilian occupa-
7
tions (specifically with critical need strategic in-
8
dustries and critical infrastructure providers)
9
that could include mentorship, employment
10
counseling, and education focused on critical
11
high demand/low density cyber skills.
12
(4) The ability to expand such services to re-
13
lated areas, such as cyber auxiliary forces or direct
14
commissioning programs directed towards cyber
15
forces.
16
(c) BRIEFING.—Not later than June 1, 2026, the
17
Secretary of Defense shall provide a briefing to the Com-
18
mittees on Armed Services of the Senate and the House
19
of Representatives on the establishment of the program
20
required under subsection (a), including—
21
(1) the establishment of this program;
22
(2) an assessment of resourcing needs for the
23
program across the future years defense program;
24
and
25
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(3) identification of metrics or other assessment
1
capabilities to determine the impact on retention of
2
CMF forces and enabling cyber forces as part of a
3
total force strategy.
4
(d) PILOT AUTHORITY.—The Secretary of Defense
5
shall establish a pilot program to assess the feasibility and
6
advisability of paying skill incentive pay or a skill pro-
7
ficiency bonus under section 353 of title 37, United States
8
Code, to members of the Cyber Mission Force working for
9
the United States Cyber Command that will expire on
10
September 30, 2030.
11
SEC. 1610D. DESIGNATION OF ASSISTANT SECRETARY OF
12
DEFENSE FOR CYBER POLICY AS PRINCIPAL
13
STAFF ASSISTANT.
14
Section 138(b)(8) of title 10, United States Code, is
15
amended—
16
(1) by inserting ‘‘(A)’’ before the first sentence;
17
and
18
(2) by adding at the end the following new sub-
19
paragraph:
20
‘‘(B) Subject to the authority, direction, and control
21
of the Secretary of Defense, the Assistant Secretary of De-
22
fense for Cyber Policy—
23
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‘‘(i) shall serve as a principal staff assistant to
1
the Secretary of Defense on matters within the re-
2
sponsibility of the Assistant Secretary;
3
‘‘(ii) shall report directly to the Secretary with-
4
out intervening authority; and
5
‘‘(iii) may communicate views on matters within
6
the responsibility of the Assistant Secretary directly
7
to the Secretary without obtaining the approval or
8
concurrence of any other official within the Depart-
9
ment of Defense.’’.
10
Subtitle B—Matters Relating to De-
11
partment of Defense Cybersecu-
12
rity
and
Information
Tech-
13
nology
14
SEC. 1611. MODERNIZATION PROGRAM FOR FULL CONTENT
15
INSPECTION.
16
Section 1515 of the National Defense Authorization
17
Act for Fiscal Year 2024 (118–31; 10 U.S.C. 2224 note)
18
is amended—
19
(1) in the section heading, by striking ‘‘NET-
20
WORK
BOUNDARY
AND
CROSS-DOMAIN
DE-
21
FENSE’’ and inserting ‘‘FULL CONTENT INSPEC-
22
TION’’;
23
(2) in subsection (a), by inserting ‘‘and cross-
24
domain’’ after ‘‘network boundary’’;
25
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(3) in subsection (b)(2)—
1
(A) in subparagraph (A)—
2
(i) by inserting ‘‘specified in sub-
3
section (a)’’ after ‘‘defense capabilities’’
4
both places in appears; and
5
(ii) in clause (ii), by inserting ‘‘that
6
support operational missions as defined by
7
the Department of Defense Cyber Defense
8
Command’’ before the period at the end;
9
(B) by redesignating subparagraphs (B)
10
and (C) as subparagraphs (C) and (D), respec-
11
tively;
12
(C) by inserting after subparagraph (A)
13
the following new subparagraph (B):
14
‘‘(B) By December 1, 2026, integrate the
15
capabilities into the pilot program required by
16
subparagraph (A) that leverages, where appro-
17
priate, investments in artificial intelligence to il-
18
luminate and actively counter foreign cyber ag-
19
gression to Department of Defense networks.’’;
20
(D) in subparagraph (C), as redesignated
21
by subparagraph (B), by striking ‘‘deployment
22
of modernized network boundary defense capa-
23
bilities to the access points and cross-domain
24
capabilities’’ and inserting ‘‘deployment of the
25
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same capabilities described in subsection (a) to
1
the access points and cross-domain capabilities,
2
and any other network interconnection point,’’;
3
and
4
(E) in subparagraph (D), as redesignated
5
by subparagraph (B)—
6
(i) by striking ‘‘modernized network
7
boundary defense capabilities’’ and insert-
8
ing ‘‘the same capabilities described in
9
subsection (a)’’; and
10
(ii) by adding at the end the following
11
new sentence: ‘‘To ensure the coverage of
12
these capabilities is complete, the Secretary
13
shall, acting through the Director of the
14
Defense Information Systems Agency and
15
the Chief Information Officer of the De-
16
partment of Defense, create a list of re-
17
maining networks and enclaves.’’; and
18
(4) by adding at the end the following new sub-
19
section:
20
‘‘(d) BRIEFINGS.—Not later than November 1, 2026,
21
and not less frequently than once each year thereafter
22
until December 31, 2028, the Chief Information Officer
23
of the Department of Defense, the Director of the Defense
24
Information Systems Agency, and the Commander of the
25
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Department of Defense Cyber Defense Command shall
1
jointly provide to the congressional defense committees a
2
briefing on the status of deployment of the modernization
3
program required by subsection (a), the results of the sur-
4
veys conducted pursuant to subparagraphs (B) and (C)
5
of subsection (b)(2), and identification of remaining net-
6
works and enclaves to be incorporated into the program.’’.
7
SEC. 1612. ASSESSMENT REGARDING REAL-TIME MONI-
8
TORING OF DEFENSE WEAPONS PLATFORMS
9
FOR CYBER THREATS.
10
(a) ASSESSMENT REQUIRED.—The Secretary of De-
11
fense shall conduct a comprehensive assessment of the fea-
12
sibility and advisability of establishing a Department of
13
Defense-wide program—
14
(1) to remediate all weapon system platforms
15
that do not currently have capabilities that satisfy
16
requirements for weapon system platform cybersecu-
17
rity through automated, real-time monitoring for
18
threat detection and mitigation; and
19
(2) that would do so by—
20
(A) identifying and prioritizing weapon
21
systems lacking real-time monitoring for self-
22
protection capabilities;
23
(B) establishing technical requirements
24
and minimum cybersecurity standards for real-
25
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time protection across different categories of
1
weapon systems;
2
(C) developing implementation schedules
3
and funding requirements to retrofit existing
4
systems with real-time monitoring for self-pro-
5
tection capabilities;
6
(D) creating a verification and validation
7
process to ensure deployed solutions effectively
8
mitigate identified cybersecurity risks; and
9
(E) establishing a governance structure for
10
ongoing maintenance, updates, and operational
11
support of implemented capabilities.
12
(b) ELEMENTS.—The assessment required pursuant
13
to subsection (a) shall include the following:
14
(1) A detailed assessment of the costs,
15
timelines, and resources associated with developing,
16
testing, acquiring, and implementing real-time moni-
17
toring for self-protection capabilities, and the associ-
18
ated capabilities needed to aggregate and evaluate
19
data from such applications.
20
(2) A thorough evaluation of existing real-time
21
monitoring for self-protection solutions and their ap-
22
plicability to military weapon system environments.
23
(3) A proposed phased implementation and
24
funding plan that includes—
25
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(A) projected budget requirements delin-
1
eated by fiscal year;
2
(B) recommended acquisition strategies;
3
(C) detailed technical implementation con-
4
siderations;
5
(D) detailed operational implementation
6
considerations, including development of tactics,
7
training, and procedures for the employment of
8
such applications; and
9
(E) estimated timelines for achieving ini-
10
tial and full operational capability.
11
(4) A detailed inventory of—
12
(A) weapon system platforms for which
13
real-time monitoring for self-protection capabili-
14
ties are recommended;
15
(B) weapon system platforms for which
16
such capabilities are not recommended, together
17
with a justification for each such determination;
18
and
19
(C)
alternative
cybersecurity
methods
20
being employed or proposed for platforms ex-
21
cluded from the recommendation for real-time
22
monitoring for self-protection implementation.
23
(c) COORDINATION WITH RELATED CYBERSECURITY
24
PROGRAMS.—In conducting the assessment required by
25
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subsection (a), the Secretary shall coordinate with the Sec-
1
retary for each of the military departments for programs
2
within their department and with the Under Secretary of
3
Defense for Intelligence and Security regarding programs
4
identified in the Strategic Cybersecurity Program.
5
(d) REPORT TO CONGRESS.—
6
(1) IN GENERAL.—Not later than January 1,
7
2027, the Secretary shall submit to the congres-
8
sional defense committees a report on the findings of
9
the Secretary with respect to the assessment con-
10
ducted pursuant to subsection (a).
11
(2) CONTENTS.—The report submitted pursu-
12
ant to paragraph (1) on the findings of the Sec-
13
retary with respect to the assessment conducted pur-
14
suant to subsection (a) shall include the following:
15
(A) A summary of key findings of the Sec-
16
retary.
17
(B) A comprehensive assessment of tech-
18
nical feasibility for implementing real-time mon-
19
itoring for self-protection across different weap-
20
on system platform types.
21
(C) A thorough analysis of the advisability
22
of developing a program for implementing such
23
capabilities, including potential risks, benefits,
24
and trade-offs.
25
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(D) Specific recommendations regarding—
1
(i) whether real-time monitoring for
2
self-protection capabilities should be imple-
3
mented across Department weapon sys-
4
tems;
5
(ii)
if
implementation
is
rec-
6
ommended, which specific weapon systems
7
should receive priority for such implemen-
8
tation;
9
(iii) appropriate acquisition strategies
10
and funding mechanisms to support imple-
11
mentation;
12
(iv) any necessary policy or regulatory
13
changes to support effective implementa-
14
tion; and
15
(v) proposed metrics for measuring
16
successful implementation and operational
17
effectiveness.
18
(E) For weapon system platforms deemed
19
suitable candidates for real-time monitoring for
20
self-protection capabilities—
21
(i) recommended prioritization cri-
22
teria;
23
(ii) a proposed implementation sched-
24
ule;
25
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(iii) estimated costs and funding re-
1
quirements across the Future Years De-
2
fense Program; and
3
(iv)
recommended
technical
ap-
4
proaches tailored to different platform cat-
5
egories.
6
(F) An assessment real-time monitoring
7
for self-protection or similar capabilities cur-
8
rently deployed on Department of Defense
9
weapon system platforms, including—
10
(i) a comprehensive inventory of plat-
11
forms currently utilizing such capabilities,
12
including relevant pilot programs;
13
(ii) the specific technical implementa-
14
tions in use;
15
(iii) an evaluation of the operational
16
effectiveness of existing implementations;
17
and
18
(iv) lessons learned that could inform
19
future acquisition and implementation ef-
20
forts.
21
(3) FORM OF REPORT.—The report submitted
22
pursuant to paragraph (1) shall be submitted in un-
23
classified form, but may include a classified annex.
24
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SEC. 1613. ASSESSMENT OF FEASIBILITY AND ADVIS-
1
ABILITY OF ESTABLISHING AN OPERATIONAL
2
TECHNOLOGY
CYBERSECURITY
TRAINING
3
CENTER OF EXCELLENCE.
4
(a) ASSESSMENT REQUIRED.—
5
(1) IN GENERAL.—Not later than December 1,
6
2026, the Secretary of Defense shall, acting through
7
the Chief Information Officer of the Department of
8
Defense and in coordination with the Commander of
9
United States Cyber Command and such representa-
10
tives from the military departments as the Secretary
11
considers appropriate, complete an assessment of the
12
feasibility and advisability of establishing a center of
13
excellence for operational technology cybersecurity
14
training (in this section referred to as the ‘‘Center’’)
15
that would institutionalize training for the Depart-
16
ment of Defense on security and protection of oper-
17
ational technology and industrial control systems.
18
(2) FUNCTIONS TO BE ASSESSED.—In carrying
19
out the assessment required by subsection (a), the
20
Secretary shall assess the need for a Center—
21
(A) to provide comprehensive training and
22
other educational programs relating to oper-
23
ational technology and industrial control sys-
24
tems cybersecurity;
25
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(B) to develop and regularly update the
1
curriculum for such training and programs;
2
(C) to identify, develop, and integrate ma-
3
teriel and organizational requirements for De-
4
partment of Defense operational technology and
5
industrial control systems cybersecurity;
6
(D) to develop and manage the integration
7
of operational technology and industrial control
8
systems cybersecurity solutions with military
9
service doctrine, organization, training, mate-
10
riel, leadership and education, personnel, and
11
facilities; and
12
(E) to leverage and benefit from readily
13
available capacity of a military installation
14
with—
15
(i) existing infrastructure and multi-
16
service training facilities
17
(ii) a cadre or workforce of engineer-
18
ing and infrastructure expertise designed
19
for functions relating to the Armed Forces;
20
and
21
(iii) current centers of excellence with
22
specific consideration of existing facilities
23
that support physical and logical cyber
24
training ranges.
25
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(b) REPORT REQUIRED.—
1
(1) IN GENERAL.—Not later than December 1,
2
2026, the Secretary shall submit to the congres-
3
sional defense committees a report on the findings of
4
the Secretary with respect to the assessment com-
5
pleted pursuant to subsection (a).
6
(2) RECOMMENDATION AND MATTERS TO BE
7
ADDRESSED.—The report submitted pursuant to
8
paragraph (1) shall include a recommendation on
9
whether the establishment of a Center is feasible
10
and advisable and shall address the following:
11
(A) An identification of curricula relating
12
to training and education of operational tech-
13
nology and industrial control systems, including
14
such training that might be provided by private
15
sector entities.
16
(B) Identification of anticipated through-
17
put demands for such training for military and
18
civilian personnel based on workforce estimates
19
from the operational cyber community.
20
(C) Assessment of the resources needed to
21
establish and maintain a Center and a cost-ben-
22
efit analysis to determine if the anticipated
23
training throughput in subparagraph (B) war-
24
rants such expenditure.
25
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(D) An evaluation of potential locations
1
that maximizes readily available capacity of a
2
military installation and synergies with—
3
(i) existing infrastructure and multi-
4
service training facilities;
5
(ii) a cadre or workforce of engineer-
6
ing and infrastructure expertise designed
7
for functions related to the Armed Forces
8
of the United States; and
9
(iii) current centers of excellence with
10
specific consideration of existing facilities
11
that support physical and logical cyber
12
training ranges.
13
(E) If the Secretary determines that estab-
14
lishing a Center is feasible and advisable—
15
(i) a proposed phased implementation
16
approach, including initial operating capa-
17
bility milestones and full operational capa-
18
bility targets;
19
(ii) an assessment of how a Center
20
could integrate training and education pro-
21
grams with existing Department of De-
22
fense cybersecurity certification require-
23
ments and career progression models;
24
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(iii) proposed metrics and evaluation
1
criteria that could be used to assess a Cen-
2
ter’s effectiveness in improving operational
3
technology and industrial control systems
4
security outcomes across the Department
5
of Defense, if established;
6
(iv) estimated funding, personnel, and
7
resource requirements for establishment
8
and maintenance of a Center; and
9
(v) analysis of potential challenges
10
and limitations to establish a Center and
11
recommendations to mitigate these chal-
12
lenges and limitations.
13
(F) Proposed metrics and evaluation cri-
14
teria that could be used to assess the Center’s
15
effectiveness in improving operational tech-
16
nology and industrial control systems security
17
outcomes across the Department.
18
(c) DEFINITIONS.—In this section:
19
(1) INDUSTRIAL CONTROL SYSTEM.—The term
20
‘‘industrial control system’’ has the meaning given
21
such term in section 2220C of the Homeland Secu-
22
rity Act of 2002 (6 U.S.C. 665i(f)).
23
(2) OPERATIONAL
TECHNOLOGY.—The term
24
‘‘operational technology’’ has the meaning given
25
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such term in section 3 of the Internet of Things Cy-
1
bersecurity Improvement Act of 2020 (15 U.S.C.
2
278g–3a).
3
SEC. 1614. FRAMEWORK FOR INTEGRATION OF INFORMA-
4
TION TECHNOLOGY TECHNICAL DEBT AS-
5
SESSMENT INTO ANNUAL BUDGET PROCESS.
6
(a) FRAMEWORK DEVELOPMENT.—Not later than
7
September 1, 2026, the Secretary of Defense shall, in co-
8
ordination with the Chief Information Officer of the De-
9
partment of Defense, the Secretaries of the military de-
10
partments, and the Chief Information Officers of the mili-
11
tary departments, develop a framework for the integration
12
of technical debt assessment, tracking, and management
13
into existing Department of Defense processes for infor-
14
mation technology investment decisions and budget jus-
15
tification materials.
16
(b) TECHNICAL DEBT DEFINITION.—The Secretary
17
of Defense shall direct a comprehensive reevaluation of the
18
Department’s current definition of ‘‘technical debt’’ and
19
develop a categorization framework that adequately re-
20
flects different types of technical debt, including applica-
21
tion, physical infrastructure, architecture, and documenta-
22
tion components.
23
(c) FRAMEWORK COMPONENTS.—
24
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(1) INTEGRATION
REQUIREMENT.—The Sec-
1
retary of Defense shall ensure the framework devel-
2
oped under subsection (a) provides for integration of
3
technical debt considerations into existing Depart-
4
ment management processes and structures relating
5
to resourcing and programmatic decisions for exist-
6
ing or proposed information technology systems,
7
services, or related programs of record.
8
(2) METRICS.—The framework developed under
9
subsection (a) shall include—
10
(A) baseline measurement for technical
11
debt for a specific technology or program;
12
(B) objectives for technical debt reduction;
13
(C) consolidated metrics for Department-
14
wide use; and
15
(D) outcome-based metrics for assessing
16
operational and financial impacts.
17
(3) PROCESS
INTEGRATION.—The framework
18
developed under subsection (a) shall utilize existing
19
governance structures for overseeing information
20
technology investments.
21
(4) MINIMUM REQUIREMENTS.—The framework
22
developed under subsection (a) shall—
23
(A) establish methods for identifying and
24
evaluating technical debt;
25
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(B) integrate technical debt management
1
into the planning, programming, budgeting, and
2
execution process, as well as information tech-
3
nology governance bodies;
4
(C) establish prioritization approaches
5
based on mission impact;
6
(D) develop mechanisms for gap identifica-
7
tion; and
8
(E) define organizational responsibilities
9
for remediating assessed technical debt of a
10
program or system.
11
(5) IMPLEMENTATION.—The Secretary of De-
12
fense shall implement the framework developed
13
under subsection (a) not later than October 1, 2026,
14
to support the planning, programming, and process
15
for the budget justification materials to be submitted
16
to Congress in support of the Department, as sub-
17
mitted with the budget of the President for fiscal
18
year 2027 under section 1105(a) of title 31, United
19
States Code.
20
(d) BUDGET MATERIALS.—
21
(1) JUSTIFICATION
REQUIREMENTS.—Begin-
22
ning with the fiscal year 2027 budget request, the
23
Secretary of Defense shall ensure that, for each fis-
24
cal year, the budget justification materials to be sub-
25
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mitted to Congress in support of the budget of the
1
Department (as submitted with the budget of the
2
President under section 1105(a) of title 31, United
3
States Code) include—
4
(A) technical debt status assessments;
5
(B) planned remediation investments;
6
(C) risk assessments of investment gaps;
7
and
8
(D) alignment with modernization prior-
9
ities.
10
(2) PROGRAM
ALIGNMENT.—The Secretary
11
shall ensure Defense planning guidance and program
12
objective memoranda address technical debt remedi-
13
ation requirements.
14
(e) CONGRESSIONAL BRIEFING.—Not later than Sep-
15
tember 15, 2026, the Secretary shall provide to the con-
16
gressional defense committees a briefing on the implemen-
17
tation and effectiveness of the technical debt management
18
framework developed under subsection (a).
19
(f) DEFINITIONS.—In this section:
20
(1) The term ‘‘information technology’’ has the
21
meaning given such term in section 11101 of title
22
40, United States Code.
23
(2) The term ‘‘technical debt’’ means design or
24
implementation constructs that are expedient in the
25
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short-term, but that set up a technical context that
1
can make a future change costlier or impossible, as
2
defined in Department of Defense Instruction
3
5000.87, or successor instruction.
4
SEC. 1615. MISSION INFRASTRUCTURE RESILIENCE TASK
5
FORCE.
6
(a) ESTABLISHMENT.—
7
(1) IN
GENERAL.—Not later than 180 days
8
after the date of the enactment of this Act, the Sec-
9
retary of Defense shall establish a task force to sup-
10
port the assessment of vulnerabilities to defense crit-
11
ical infrastructure necessary for the execution of ex-
12
isting defense operational and contingency plans.
13
(2) DESIGNATION.—The task force established
14
pursuant to paragraph (1) shall be known as the
15
‘‘Mission Infrastructure Resilience Task Force’’ (in
16
this section the ‘‘Task Force’’).
17
(b) PURPOSES.—The purposes of the Task Force
18
shall be—
19
(1) to conduct assessments and analysis of use
20
case-based mission threads to comprehensively iden-
21
tify, develop, and operationalize the full spectrum of
22
capabilities required to protect and maintain defense
23
critical infrastructure; and
24
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(2) to build and integrate the necessary re-
1
sources, technologies, communication systems, tac-
2
tics, techniques, and procedures, personnel with ap-
3
propriate authorities, and exercise programs to en-
4
sure efficient and effective response when critical in-
5
frastructure supporting military operations and con-
6
tingencies is threatened, degraded, or disrupted.
7
(c) COMPOSITION.—
8
(1) CHAIR.—The Task Force shall be chaired
9
by a representative from the Department of Defense
10
Cyber Defense Command.
11
(2) MEMBERSHIP.—The Task Force shall in-
12
clude representatives from the following:
13
(A) United States Cyber Command.
14
(B) The Office of the Deputy Assistant
15
Secretary of Defense for Defense Continuity
16
and Mission Assurance.
17
(C) The Joint Warfighting Analysis Cen-
18
ter.
19
(D) The Defense Advanced Research
20
Projects Agency.
21
(E) The Critical Infrastructure Defense
22
Analysis Center.
23
(F) The Air Force Cyber Resiliency Office
24
of Control Systems program.
25
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(G) The energy, installations and environ-
1
ment, or civil engineering organizations of the
2
military departments.
3
(H) The Army Corps of Engineers Engi-
4
neering Research and Development Center.
5
(I) Each of the geographic and functional
6
combatant commands, on an as-needed basis.
7
(d) TASKS.—The Task Force shall—
8
(1) conduct assessments and analysis of use
9
case-based mission threads associated with defense
10
operational and contingency plans, including through
11
pilot programs, tabletop exercises, or studies that
12
identify infrastructure dependencies and organiza-
13
tional transition points where operational respon-
14
sibilities transfer between entities;
15
(2) identify vulnerabilities and capability gaps
16
in mission-critical infrastructure and determine—
17
(A) the resources, authorities, technologies,
18
partnerships with external and nongovernment
19
entities, and funding necessary to address such
20
vulnerabilities and gaps; and
21
(B) the designation of lead organizations
22
responsible for remediation activities and asso-
23
ciated costs;
24
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(3) develop broad-based solutions to address
1
gaps identified under paragraph (2), including—
2
(A) establishment of communication path-
3
ways;
4
(B) development of tools and technologies;
5
(C) implementation of visualization and
6
analytic programs; and
7
(D) integration of unique capabilities, such
8
as those provided by the National Guard;
9
(4) assign organizational leads for remediation
10
of specific gaps and vulnerabilities and develop com-
11
prehensive plans to address such gaps, including
12
identification of funding and budgeting requirements
13
necessary for successful remediation efforts;
14
(5) monitor and assess the progress of remedi-
15
ation efforts and identify process improvements and
16
solutions to address common deficiencies across mul-
17
tiple remediation activities;
18
(6) develop and conduct exercises based on like-
19
ly operational scenarios—
20
(A) to validate the effectiveness of remedi-
21
ation efforts; and
22
(B) to identify additional deficiencies or
23
vulnerabilities requiring remediation;
24
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(7) establish a framework for readiness assess-
1
ments to provide installation commanders and com-
2
batant commanders with visibility into the status of
3
mission infrastructure resilience capabilities within
4
their respective areas of responsibility;
5
(8) conduct targeted analysis of specific topics
6
as directed by the Chairman of the Joint Chiefs of
7
Staff or the Secretary of Defense; and
8
(9) perform such other duties as the Secretary
9
of Defense may determine to be necessary and ap-
10
propriate.
11
(e) TRANSITION TO PERMANENT ORGANIZATION.—
12
(1) TRANSITION PLAN REQUIRED.—The Task
13
Force shall develop a comprehensive transition plan
14
for converting the Task Force into a permanent or-
15
ganization within the Department of Defense.
16
(2) SUBMISSION
TO
SECRETARY
OF
DE-
17
FENSE.—The transition plan required under para-
18
graph (1) shall be developed and presented to the
19
Secretary of Defense not later than 180 days prior
20
to the termination date specified in subsection (f).
21
(3) BRIEFINGS TO CONGRESS.—Not later than
22
180 days before the termination date specified in
23
subsection (f), and annually thereafter through Sep-
24
tember 30, 2033, the Secretary shall provide to the
25
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congressional defense committees a briefing on the
1
transition plan required under paragraph (1).
2
(f) TERMINATION.—The Task Force shall terminate
3
on September 30, 2030.
4
(g) DEFINITIONS.—In this section:
5
(1) The term ‘‘defense critical infrastructure’’
6
has the meaning given that term ‘‘critical infrastruc-
7
ture of the Department of Defense’’ in section
8
1650(e) of the National Defense Authorization Act
9
for Fiscal Year 2017 (Public Law 114–328; 10
10
U.S.C. 2224 note).
11
(2) The term ‘‘mission threads’’ means an end-
12
to-end set of activities and tasks that support the
13
execution of a specific operational mission or func-
14
tion.
15
SEC. 1616. PLAN FOR DEPLOYING PRIVATE FIFTH GENERA-
16
TION OPEN RADIO ACCESS NETWORKS ON
17
DEPARTMENT OF DEFENSE BASES.
18
(a) REQUIREMENT
FOR
PRIORITIZED
LIST
OF
19
BASES.—Pursuant to section 1526 of the National De-
20
fense Authorization Act for Fiscal Year 2024 (Public Law
21
118–31; 10 U.S.C. 4571 note) and the Department of De-
22
fense Private 5G Deployment Strategy (dated October
23
2024), each Secretary of a military department shall de-
24
velop a prioritized list of bases that merit investment in
25
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private fifth generation information and communications
1
networks.
2
(b) CONSIDERATIONS.—In developing a list under
3
subsection (a), a Secretary of a military department shall
4
consider matters relating to the following:
5
(1) High connection density.
6
(2) Low latency.
7
(3) High capacity.
8
(4) Large geographic coverage.
9
(5) Enhanced and tailored security, including
10
obscured data transport, within wireless network
11
services.
12
(6) Base physical security and force protection
13
requiring advanced processing of high-resolution dis-
14
tributed sensor feeds for perimeter monitoring, and
15
detection and tracking of unmanned aerial systems
16
(UAS), including through the potential use of a fifth
17
generation information and communications net-
18
work.
19
(7) Efficient large-scale warehousing and logis-
20
tics operations.
21
(8) The use of augmented or virtual reality
22
technology for efficient maintenance and training.
23
(9) Large-scale and high-tempo flight line oper-
24
ations.
25
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(c) INFORMING TASK ORDERS.—The Secretary of the
1
Air Force shall use the prioritized list the Secretary devel-
2
oped under subsection (a) to inform task orders issued
3
under the Enterprise Information Technology as a Service
4
Base Infrastructure Modernization program. Task orders
5
issued after the date of the enactment of this Act shall
6
specify where Wi-Fi is fully adequate to meet require-
7
ments and where private fifth generation information and
8
communications network performance is needed.
9
(d)
COORDINATION
REQUIRED.—In
developing
10
prioritized lists under subsection (a), each of the Secre-
11
taries of the military departments shall coordinate with
12
the Under Secretary of Defense for Research and Engi-
13
neering, the Chief Information Officer of the Department
14
of Defense, and such combatant commanders and direc-
15
tors of defense agencies as the Secretaries each consider
16
appropriate.
17
(e) PLAN FOR PRIVATE 5G ORAN NETWORK DE-
18
PLOYMENTS.—Not later than March 1, 2026, the Sec-
19
retary of Defense shall—
20
(1) consolidate the prioritized base lists devel-
21
oped by the Secretaries of the military departments
22
under subsection (a), and determine an optimal in-
23
vestment, deployment, and spend plan for private
24
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fifth generation Open Radio Access Network
1
(ORAN) networks across the Department; and
2
(2) submit to the congressional defense commit-
3
tees a report on the lists consolidated under para-
4
graph (1) and the determinations made pursuant to
5
such paragraph.
6
SEC. 1617. LIMITATION ON FUNDS FOR TRAVEL PENDING
7
BRIEFING ON PROCESS FOR BEST-IN-CLASS
8
CYBER DATA PRODUCTS AND SERVICES.
9
(a) LIMITATION.—Of the funds authorized to be ap-
10
propriated by this Act or otherwise made available for fis-
11
cal year 2026 for operation and maintenance, Defense-
12
wide, and available for travel expenses for the Office of
13
the Chief Information Officer of the Department of De-
14
fense, not more than 90 percent may be obligated or ex-
15
pended until the date on which the Secretary of Defense
16
provides the briefing required under subsection (b).
17
(b) BRIEFING REQUIRED.—The Secretary shall, act-
18
ing through the Chief Information Officer of the Depart-
19
ment of Defense and in coordination with the Chief Infor-
20
mation Officers from each of the military departments and
21
the Director of the Defense Information Systems Agency,
22
provide a brief to the congressional defense committees
23
on—
24
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(1) how the Department of Defense plans to es-
1
tablish an open and competitive process through au-
2
thorities granted in section 1521 of the National De-
3
fense Authorization Act for Fiscal Year 2022 (Pub-
4
lic Law 117–81; 10 U.S.C. 2224 note) to procure
5
best in class cybersecurity solutions, including end-
6
point, identity, and threat-hunting solutions; and
7
(2) the benefits associated with the use of mul-
8
tiple different cybersecurity providers to support
9
operational resilience of Department networks.
10
(c) IMPLEMENTATION STATUS.—The brief required
11
under subsection (b) shall include—
12
(1) the status of the designation of an executive
13
agent for Department of Defense-wide procurement
14
of cyber data products and services as required by
15
subsection (a) of section 1521 of the National De-
16
fense Authorization Act for Fiscal Year 2022 (Pub-
17
lic Law 117–81; 10 U.S.C. 2224 note);
18
(2) the establishment and operational status of
19
the program management office required by such
20
subsection;
21
(3) progress made in developing Department-
22
wide requirements for cyber data products and serv-
23
ices; and
24
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(4) a detailed timeline for full implementation
1
of the requirements specified in section 1521 of such
2
Act (Public Law 117–81; 10 U.S.C. 2224 note).
3
(d) ACQUISITION STRATEGY.—The brief required by
4
subsection (b) shall include a comprehensive acquisition
5
strategy that—
6
(1) outlines how the Department will leverage
7
enterprise-wide procurement to achieve cost effi-
8
ciencies compared to component-level procurements;
9
(2) identifies metrics for measuring the effec-
10
tiveness and value of enterprise-wide cyber solutions;
11
(3) details plans to ensure accessibility of pro-
12
cured solutions across all military departments and
13
components of the Department; and
14
(4) describes how the Department will maintain
15
vendor diversity and competition throughout the ac-
16
quisition lifecycle.
17
(e) BUDGET
IMPLICATIONS.—The brief required
18
under subsection (b) shall include—
19
(1) estimated funding requirements for the im-
20
plementation of enterprise-wide procurement of
21
cyber data products and services for fiscal years
22
2026 through 2030; and
23
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(2) a description of how enterprise-wide pro-
1
curement will result in cost savings compared to cur-
2
rent acquisition approaches.
3
SEC. 1618. LIMITATION OF FUNDS FOR TRAVEL EXPENSES
4
FOR THE OFFICE OF THE CHIEF INFORMA-
5
TION OFFICER.
6
(a) LIMITATION.—Of the funds authorized to be ap-
7
propriated by this Act or otherwise made available for fis-
8
cal year 2026 for operation and maintenance, Defense-
9
wide, and available for travel expenses for the Office of
10
the Chief Information Officer of the Department of De-
11
fense, not more than 85 percent may be obligated or ex-
12
pended until the date on which the Chief Information Offi-
13
cer of the Department of Defense, in coordination with
14
the Chief Information Officers of the military depart-
15
ments, submits to the congressional defense committees
16
the plan required under subsection (b).
17
(b) PLAN REQUIRED.—The Chief Information Offi-
18
cer of the Department of Defense, in coordination with
19
the Chief Information Officers of the military depart-
20
ments, shall develop and submit to the congressional de-
21
fense committees a comprehensive plan to transition from
22
legacy circuits to Internet Protocol-based circuits that
23
comply with Department of Defense security require-
24
ments, including—
25
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(1) identification of all legacy circuits currently
1
in use across the Department of Defense and the
2
military departments;
3
(2) establishment of timelines for the transition
4
of each identified legacy circuit;
5
(3) detail of resource requirements necessary to
6
execute the transition;
7
(4) identification of any technical, operational,
8
or security challenges that may impact the transition
9
and proposed solutions to address such challenges;
10
(5) specification of associated funding lines for
11
each military department and defense agency par-
12
ticipating in the transition; and
13
(6) identification of investments over the Fu-
14
ture Years Defense Program required to complete
15
the transition.
16
(c) DEFINITIONS.—In this section:
17
(1) The term ‘‘Internet Protocol-based circuits’’
18
means telecommunications circuits or services that
19
utilize the Internet Protocol suite for packet switch-
20
ing and routing to transmit voice, data, and video
21
communications.
22
(2) The term ‘‘legacy circuits’’ means tele-
23
communications circuits that utilize outdated tech-
24
nology with limited bandwidth, security features, or
25
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interoperability capabilities as compared to modern
1
Internet Protocol-based alternatives.
2
SEC. 1619. LIMITATION ON AVAILABILITY OF FUNDS FOR
3
THE COMBINED JOINT ALL-DOMAIN COM-
4
MAND AND CONTROL INITIATIVE.
5
Of the funds authorized to be appropriated by this
6
Act or otherwise made available for fiscal year 2026 for
7
research, development, test, and evaluation, Defense-wide,
8
for the Joint Staff and the Chief Digital and Artificial
9
Intelligence Officer for the Combined Joint All-Domain
10
Command and Control initiative, not more than 90 per-
11
cent may be obligated or expended until the Secretary of
12
Defense provides to the congressional defense committees
13
a framework for such initiative that helps guide invest-
14
ments and measures progress for the initiative, as rec-
15
ommended by the Comptroller General of the United
16
States in the report of the Comptroller General titled ‘‘De-
17
fense Command and Control: Further Progress Hinges on
18
Establishing a Comprehensive Framework’’ (GAO–25–
19
106454).
20
SEC. 1620. REVIEW OF JOINT FIRES NETWORK PROGRAM
21
TRANSITION.
22
(a) BRIEFING REQUIRED.—
23
(1) IN GENERAL.—Not later than February 1,
24
2026, the Secretary of the Air Force, in coordination
25
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with the Under Secretary of Defense for Acquisition
1
and Sustainment, the Under Secretary of Defense
2
for Research and Engineering, and the Director of
3
Cost Assessment and Program Evaluation, shall pro-
4
vide to the congressional defense committees a brief-
5
ing on the plans and progress of transitioning the
6
Joint Fires Network initiative to a program of
7
record within the Air Force.
8
(2) ELEMENTS.—The briefing required by
9
paragraph (1) shall include the following:
10
(A) An update on the charter for the pro-
11
gram, including organizational relationships be-
12
tween the Air Force program manager, relevant
13
stakeholders supporting developmental efforts,
14
and operational customers of the Joint Fires
15
Network.
16
(B) Details on the funding profile and
17
milestones for the program across the future-
18
years defense program, highlighting any poten-
19
tial challenges or delays, and recommendations
20
for how to advance the Joint Fires Network
21
program.
22
(C) A description of processes and guard-
23
rails related to the management of require-
24
ments and funding to ensure military depart-
25
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ment-specific requirements or funding pressures
1
are not prioritized over joint requirements or
2
needs of operational customers.
3
(D) A description and timeline of transi-
4
tion planning for providing specific capabilities
5
to operational customers, including processes
6
for balancing needs and requirements across
7
multiple operational customers.
8
(b) INDEPENDENT ASSESSMENT REQUIRED.—
9
(1) IN GENERAL.—Not later than March 30,
10
2026, the Commander of the United States Indo-Pa-
11
cific Command shall—
12
(A) assess the plans and progress de-
13
scribed in subsection (a)(1); and
14
(B) provide to the congressional defense
15
committees a briefing on the findings of the as-
16
sessment.
17
(2) ELEMENTS.—The briefing required by
18
paragraph (1) shall include the Commander’s assess-
19
ment of the following:
20
(A) The charter for the program and orga-
21
nizational relationships for facilitating coordina-
22
tion with the Combatant Command.
23
(B) Mechanisms to include feedback from
24
operational customers in the program and con-
25
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tinue the rapid delivery of the Joint Fires Net-
1
work capability at the point of need.
2
SEC. 1620A. PROHIBITION ON THE ELIMINATION OF CER-
3
TAIN CYBER ASSESSMENT CAPABILITIES FOR
4
TEST AND EVALUATION.
5
(a) PROHIBITION.—The Secretary of Defense shall
6
not take any action to divest, consolidate, or curtail any
7
current cyber assessment capabilities or National Security
8
Agency (NSA)-certified red teams supporting operational
9
test and evaluation (OT&E) for Department of Defense
10
programs until the Secretary provides the certification de-
11
scribed under subsection (b).
12
(b) CERTIFICATION.— The certification referred to in
13
subsection (a) is a certification to the congressional de-
14
fense committees that includes the following:
15
(1) The analytic basis for making the decision
16
to take an action described in subsection (a), includ-
17
ing any cost, workload, and workforce requirements,
18
as well as any analysis related to operational impact
19
on users of cyber assessment capabilities provided by
20
the Director of Operational Test and Evaluation
21
(DOT&E).
22
(2) Independent review by the Director of Cost
23
Assessment and Program Evaluation of all such
24
analyses provided under paragraph (1).
25
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(3) Certification by the Director of the Test Re-
1
source Management Center that such analyses and
2
such decisions meet the requirements of the Depart-
3
ment
of
Defense,
as
required
by
section
4
4173(c)(1)(B) of title 10, United States Code.
5
(4) A comprehensive transition plan for critical
6
cyber test and evaluation capabilities currently man-
7
aged by the Director of Operational Test and Eval-
8
uation, including identification of receiving organiza-
9
tions within the services or Office of the Secretary
10
of Defense, timeline for transfer, and measures to
11
ensure continuity of operations.
12
(5) A detailed assessment of funding require-
13
ments for maintaining and enhancing cyber test and
14
evaluation capabilities during and after the transi-
15
tion, including how these funding elements will be
16
incorporated into annual budget request documents.
17
(6) A review of staffing, tools, and specialized
18
resources needed to support cyber operational test
19
and evaluation across major weapons and informa-
20
tion technology programs within the receiving orga-
21
nizations.
22
(7) A summary of efforts to integrate intel-
23
ligence-informed threat data into operational cyber
24
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testing, including any remaining legal or technical
1
barriers and proposed solutions.
2
(8) A plan to improve coordination and infor-
3
mation-sharing between cyber test and evaluation
4
stakeholders, United States Cyber Command, and
5
the intelligence community following the organiza-
6
tional transition.
7
(9) Proposed metrics for evaluating mission ef-
8
fects in cyber-contested environments, consistent
9
with guidance in the Cyber OT&E Guidebook, and
10
how these will be maintained across organizational
11
boundaries.
12
(10) An assessment of the effectiveness and fu-
13
ture needs of cyber assessment programs, including
14
resource gaps and how these will be addressed by
15
the receiving organizations.
16
SEC. 1620B. MODIFICATION TO CERTIFICATION REQUIRE-
17
MENT REGARDING CONTRACTING FOR MILI-
18
TARY RECRUITING.
19
Section 1555 of the National Defense Authorization
20
Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C.
21
503 note) is amended—
22
(1) in subsection (a), by striking ‘‘does not’’
23
and all that follows through the end and inserting
24
the following: ‘‘does not—
25
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‘‘(1) rate or rank news or information sources
1
for the factual accuracy of their content;
2
‘‘(2) provide ratings or opinions on news or in
3
formation sources regarding misinformation, bias,
4
adherence to journalistic standards, or ethics; or
5
‘‘(3) acquire or use any service that provides
6
any ratings, rankings, or opinions described in para-
7
graph (1) or (2) from any other person.’’; and
8
(2) by striking subsection (c).
9
SEC. 1620C. DEPARTMENT OF DEFENSE WORKING GROUP,
10
STRATEGY, AND REPORT ON ENSURING THE
11
SECURITY, RESILIENCY, AND INTEGRITY OF
12
UNDERSEA CABLES.
13
(a) WORKING GROUP.—
14
(1) CONVENING.—Not later than March 1,
15
2026, the Secretary of Defense shall, in consultation
16
with the Joint Staff, the Director of the Defense In-
17
formation Systems Agency, and such other agencies
18
and combatant commands as the Secretary considers
19
relevant, convene a working group—
20
(A) to prepare the report required by sub-
21
section (b);
22
(B) to provide the briefing required by
23
subsection (c); and
24
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(C) to develop the strategy required by
1
subsection (d).
2
(2) MEMBERSHIP.—The Working Group shall
3
be composed of participants with relevant back-
4
ground or expertise, as determined by the Secretary,
5
but shall include, at a minimum, the following:
6
(A) At least one individual from the Office
7
of the Secretary of Defense.
8
(B) At least one individual from the Joint
9
Staff.
10
(C) At least one individual from the De-
11
fense Information Systems Agency.
12
(3) CHAIRPERSON.—The Secretary, or the Sec-
13
retary’s designee, shall serve as the chairperson of
14
the Working Group.
15
(b) REPORT.—
16
(1) REQUIREMENT.—Not later than February
17
1, 2027, the Secretary shall submit to the appro-
18
priate committees of Congress a report—
19
(A) assessing the unique challenges of pro-
20
tecting covered undersea cables and covered
21
cable landing stations from threats posed by the
22
People’s Republic of China, the Russian Fed-
23
eration, the Islamic Republic of Iran, naval and
24
shadow fleets of adversaries of the United
25
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States, and subsea cable destruction mecha-
1
nisms and any foreign entity of concern;
2
(B) specifically discussing the implications
3
posed by relevant treaties and customary inter-
4
national law;
5
(C) examining the roles, responsibilities,
6
and limits of the Department of Defense in en-
7
suring the security, resiliency, and integrity of
8
covered undersea cables;
9
(D) identifying gaps in current mecha-
10
nisms for detection of, prevention of, and re-
11
sponse to threats against covered undersea ca-
12
bles and covered cable landing stations; and
13
(E) identifying methods for the Depart-
14
ment to create and disseminate lawfare or
15
transparency methods to promote international
16
law and deter future grey zone tactics and de-
17
classify instances of adversarial action, as may
18
be appropriate.
19
(2) MATTERS TO BE INCLUDED.—The report
20
submitted pursuant to paragraph (1) shall include a
21
description of each of the following:
22
(A) Past, ongoing, or planned efforts to
23
protect covered undersea cables and covered
24
cable landing stations from espionage, cyberse-
25
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curity threats, physical damage, and natural
1
disasters.
2
(B) Analysis of the capabilities of adver-
3
sarial countries, including the People’s Republic
4
of China, the Russian Federation, the Islamic
5
Republic of Iran, and others, to target, com-
6
promise, intercept data transmissions or sen-
7
sitive information from covered undersea cables.
8
(C) Recommended areas for enhanced col-
9
laboration with industry stakeholders, including
10
establishing standards, guidelines, and public-
11
private reporting mechanisms.
12
(D) Assessment of training needs, includ-
13
ing the development of a dedicated cadre of cov-
14
ered undersea cable security experts.
15
(E) Identification of resources required for
16
expanded operations and enhanced interagency
17
and international coordination.
18
(F) Recommendations for enhanced col-
19
laboration with allied and partner nations, in-
20
cluding current best practices and lessons
21
learned.
22
(G) Assessment of the maximum disrup-
23
tion to covered undersea cables and landing sta-
24
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tions tolerable for the continuity of critical De-
1
partment of Defense operations.
2
(H) The practicability of repairing any
3
covered undersea cable within 100 hours, in-
4
cluding through the development and use of
5
aerial-deliverable, submersible, splicing robots.
6
(I) The utility and practicability of devel-
7
oping 72-hour deployable portable cable landing
8
stations.
9
(J) Identification of the costs associated
10
with the deployment of anti-tamper sensors.
11
(3) FORM.—The report under paragraph (1)
12
shall be submitted in unclassified form, but may in-
13
clude a classified annex.
14
(c) BRIEFING.—Not later than March 15, 2027, the
15
Working Group shall provide to the appropriate commit-
16
tees of Congress a briefing on the findings and rec-
17
ommendations contained in such report.
18
(d) STRATEGY.—Not later than February 1, 2027,
19
the Working Group shall, in consultation with such gov-
20
ernmental or non-governmental entities as the Working
21
Group considers appropriate, submit to the appropriate
22
committees of Congress a strategy to disseminate to allies
23
and partners of the United States, industry, and such
24
other entities as the Working Group considers appropriate
25
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to address the threats, gaps, roles, responsibilities, and
1
challenges described in subsection (b)—
2
(1) to address threats to the physical security,
3
cybersecurity resiliency, and integrity of covered un-
4
dersea cables and covered cable landing stations, in-
5
cluding redundancies and response options in the
6
event of multiple or coordinated attacks on cable in-
7
frastructure;
8
(2) to enhance the Department of Defense’s
9
international collaboration on matters relating to the
10
security of covered undersea cable and covered cable
11
landing stations, including joint exercises with allies
12
and partners of the United States;
13
(3) to incorporate covered undersea cable secu-
14
rity into mission sets and operational planning of
15
relevant combatant commands (COCOMs);
16
(4) to foster engagement with private industry
17
to ensure technological advancements and best prac-
18
tices are leveraged for the protection of covered un-
19
dersea cable and covered cable landing stations; and
20
(5) to develop lawfare or transparency methods
21
to promote international law and deter future grey
22
zone tactics.
23
(e) DEFINITIONS.—In this section:
24
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(1)
APPROPRIATE
COMMITTEES
OF
CON-
1
GRESS.—The term ‘‘appropriate committees of Con-
2
gress’’ means the Committee on Armed Services of
3
the Senate and the Committee on Armed Services of
4
the House of Representatives.
5
(2) COVERED CABLE LANDING STATION.—The
6
term ‘‘covered cable landing station’’ means a cov-
7
ered undersea cable landing station in, owned by, or
8
operated by the United States or an ally of the
9
United States.
10
(3) COVERED
UNDERSEA
CABLE.—The term
11
‘‘covered undersea cable’’ means a commercial un-
12
dersea telecommunications cable landing in, owned
13
by, or operated by the United States or an ally of
14
the United States.
15
(4) CYBERSECURITY THREAT.—The term ‘‘cy-
16
bersecurity threat’’ has the meaning given such term
17
in section 2200 of the Homeland Security Act of
18
2002 (6 U.S.C. 650).
19
(5) FOREIGN ENTITY OF CONCERN.—The term
20
‘‘foreign entity of concern’’ has the meaning given
21
such term in section 9901 of the William M. (Mac)
22
Thornberry National Defense Authorization Act for
23
Fiscal Year 2021 (15 U.S.C. 4651).
24
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(6) WORKING
GROUP.—The term ‘‘Working
1
Group’’ means the working group convened pursuant
2
to subsection (b)(1).
3
Subtitle C—Data and Artificial
4
Intelligence
5
SEC. 1621. PUBLIC-PRIVATE CYBERSECURITY PARTNER-
6
SHIP FOR HIGHLY CAPABLE ARTIFICIAL IN-
7
TELLIGENCE SYSTEMS.
8
(a) ESTABLISHMENT REQUIRED.—Not later than
9
180 days after the date of the enactment of this Act, the
10
Assistant Secretary of Defense for Cyber Policy shall es-
11
tablish a public-private partnership body to address cyber-
12
security and physical security threats and vulnerabilities
13
to highly capable artificial intelligence and machine learn-
14
ing systems.
15
(b) FORUM FOR ENGAGEMENT.—The public-private
16
partnership body established under subsection (a) shall
17
serve as a forum for engagement between the Department
18
of Defense and commercial industry partners to align and
19
enhance cybersecurity and physical security frameworks
20
and practices applicable to both national security systems
21
and artificial intelligence and machine learning systems at
22
risk from sophisticated state actors.
23
(c) PURPOSE.—The public-private partnership body
24
developed under subsection (a) shall—
25
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(1) convene regular engagements to discuss cy-
1
bersecurity and physical security threats and
2
vulnerabilities specific to highly capable artificial in-
3
telligence and machine learning systems, with a
4
focus on both current and emerging threats posed by
5
state-sponsored cyber actors;
6
(2) facilitate the development, sharing, and
7
alignment of best practices and robust cybersecurity
8
and physical security frameworks between the De-
9
partment and commercial industry to protect artifi-
10
cial intelligence and machine learning systems;
11
(3) promote collaborative threat intelligence
12
sharing between the Department and commercial en-
13
tities, with particular attention to vulnerabilities in
14
artificial intelligence and machine learning systems
15
used in critical infrastructure, defense operations,
16
and sensitive national security functions; and
17
(4) develop recommendations for cybersecurity
18
and physical security policy enhancements aimed at
19
safeguarding artificial intelligence and machine
20
learning technologies from state-sponsored cyber at-
21
tacks and report findings and policy recommenda-
22
tions to Congress on an annual basis.
23
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(d) PARTICIPANTS.—The public-private partnership
1
body developed under subsection (a) shall include rep-
2
resentatives from—
3
(1) the Department of Defense, including—
4
(A) the Office of the Assistant Secretary of
5
Defense for Cyber Policy;
6
(B) the Under Secretary of Defense for In-
7
telligence and Security;
8
(C) the Chief Information Officers of the
9
Department of Defense and the Armed Forces;
10
(D) the Chief Digital and Artificial Intel-
11
ligence Officer of the Department of Defense;
12
(E)
the
Defense
Advanced
Research
13
Projects Agency;
14
(F) the National Security Agency;
15
(G) United States Cyber Command;
16
(H) the Defense Cyber Crime Center; and
17
(I) such other entities in the Department
18
of Defense and military departments with re-
19
sponsibilities for cybersecurity or artificial intel-
20
ligence systems as the Assistant Secretary con-
21
siders relevant;
22
(2) commercial industry companies with exper-
23
tise in highly capable artificial intelligence and ma-
24
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chine learning systems, or cybersecurity or physical
1
security practices, including—
2
(A) cloud computing and artificial intel-
3
ligence service providers;
4
(B) cybersecurity companies;
5
(C) artificial intelligence research and de-
6
velopment companies;
7
(D) telecommunications companies; and
8
(E) such other industry leaders as the As-
9
sistant Secretary identifies as relevant and ap-
10
propriate; and
11
(3) federally funded research and development
12
centers, national laboratories, and academic institu-
13
tions with demonstrated expertise in highly capable
14
artificial intelligence and machine learning systems,
15
cybersecurity or physical security practices.
16
(e) REPORTING REQUIREMENTS.—Not later than one
17
year after the date of the establishment of the public-pri-
18
vate partnership body under subsection (a), and not less
19
frequently than once each year thereafter until December
20
1, 2030, the Assistant Secretary shall submit to the con-
21
gressional defense committees a report summarizing—
22
(1) the key finding from the engagements held
23
under subsection (c)(1), including any identified cy-
24
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bersecurity or physical security vulnerabilities in ar-
1
tificial intelligence and machine learning systems;
2
(2) recommendations for enhancing cybersecu-
3
rity or physical security policy and practices to pro-
4
tect artificial intelligence and machine learning sys-
5
tems across both the Department and commercial
6
sectors; and
7
(3) an analysis of the progress made in aligning
8
Department and commercial cybersecurity and phys-
9
ical security frameworks to address state-sponsored
10
cyber threats.
11
SEC. 1622. DIGITAL SANDBOX ENVIRONMENTS FOR ARTIFI-
12
CIAL INTELLIGENCE.
13
(a) REQUIREMENT TO ESTABLISH.—Not later than
14
April 1, 2026, the Secretary of Defense shall, acting
15
through the Chief Digital and Artificial Intelligence Offi-
16
cer and the Chief Information Officer of the Department
17
of Defense, establish a task force on artificial intelligence
18
sandbox environments (in this section referred to as the
19
‘‘Task Force’’).
20
(b) PURPOSE.—The Task Force shall identify, co-
21
ordinate, and advance Department-wide efforts to develop
22
and deploy virtual environments necessary to support arti-
23
ficial intelligence experimentation, training, familiariza-
24
tion, and development across the Department of Defense
25
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enterprise. These virtual environments, known as an ‘‘arti-
1
ficial intelligence sandbox’’, shall—
2
(1) provide capability for personnel with varied
3
technical proficiency, from novice users to experi-
4
enced practitioners;
5
(2) enable the building, training, evaluation,
6
and deployment of artificial intelligence models;
7
(3) facilitate familiarity with and utilization of
8
existing artificial intelligence capabilities; and
9
(4) accelerate the responsible adoption of artifi-
10
cial intelligence across the Department.
11
(c) CO-CHAIRS.—The Task Force shall be co-chaired
12
by the Chief Digital and Artificial Intelligence Officer and
13
the Chief Information Officer.
14
(d) COMPOSITION.—The Task Force shall be com-
15
posed of—
16
(1) the chief artificial intelligence officers of the
17
military departments, or in the absence of such posi-
18
tion, the individual responsible for leading artificial
19
intelligence efforts within each military department;
20
(2) the chief information officers of the military
21
departments;
22
(3) the chief artificial intelligence officers of the
23
combatant commands and joint staff, or in the ab-
24
sence of such position, the individual responsible for
25
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leading artificial intelligence efforts within each com-
1
batant commands;
2
(4) the chief information officers of the combat-
3
ant commands, and joint staff, or in the absence of
4
such position, the individual responsible for leading
5
information technology efforts within each combat-
6
ant commands;
7
(5) the Directors for Command, Control, Com-
8
munications, and Computers/Cyber (J6) of the com-
9
batant commands, or their designees;
10
(6) the Director for Command, Control, Com-
11
munications, and Computers/Cyber (J6) of the Joint
12
Staff, or their designee; and
13
(7) such other officials of the Department as
14
the co-chairs of the Task Force consider appro-
15
priate.
16
(e) FUNCTIONS.—The Task Force shall—
17
(1) identify and consolidate common require-
18
ments with respect to artificial intelligence sandbox
19
environments across the Department, including re-
20
quirements relating to interfaces for users with vary-
21
ing technical expertise, computational resources and
22
infrastructure, pre-trained models and datasets, and
23
educational and training materials;
24
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(2) identify, inventory, and ensure the avail-
1
ability of existing solutions and technical documenta-
2
tion, including machine-readable documents, ref-
3
erence architectures, and user guides;
4
(3) publish an analysis matching common re-
5
quirements identified under paragraph (1) with ex-
6
isting solutions identified under paragraph (2);
7
(4) utilize existing Department mechanisms to
8
achieve efficiencies through enterprise licenses and
9
contracts;
10
(5) identify and, where possible, streamline au-
11
thority to operate approvals for each element of
12
common artificial intelligence sandbox environment
13
architectures; and
14
(6) publish guidance on the appropriate use of
15
artificial intelligence sandbox environments for users
16
at all skill levels.
17
(f) BRIEFING.—Not later than August 1, 2026, the
18
co-chairs of the Task Force shall provide to the congres-
19
sional defense committees a briefing on the goals and ob-
20
jectives of the Task Force.
21
(g) TERMINATION.—The Task Force shall terminate
22
on January 1, 2030.
23
(h) DEFINITIONS.—In this section:
24
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(1) The term ‘‘artificial intelligence’’ has the
1
meaning given such term in section 238(g) of the
2
John S. McCain National Defense Authorization Act
3
for Fiscal Year 2019 (Public Law 115–232; 10
4
U.S.C. note prec. 4061).
5
(2) The term ‘‘artificial intelligence sandbox en-
6
vironment’’ means a secure, isolated computing envi-
7
ronment that enables users with varying levels of
8
technical expertise to access artificial intelligence
9
tools, models, and capabilities for the purposes of ex-
10
perimentation, training, testing, and development
11
without affecting operational systems or requiring
12
specialized technical knowledge to operate.
13
(3) The term ‘‘authority to operate’’ means the
14
official management decision given by a senior orga-
15
nizational official to authorize operation of an infor-
16
mation system and to explicitly accept the risk to or-
17
ganizational operations and assets, individuals, other
18
organizations, and the United States based on the
19
implementation of an agreed-upon set of security
20
controls, as defined in Committee on National Secu-
21
rity Systems Instruction 4009, or successor docu-
22
ment.
23
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SEC. 1623. ARTIFICIAL INTELLIGENCE MODEL ASSESSMENT
1
AND OVERSIGHT.
2
(a) CROSS-FUNCTIONAL TEAM FOR ARTIFICIAL IN-
3
TELLIGENCE MODEL ASSESSMENT AND OVERSIGHT.—
4
(1) ESTABLISHMENT.—The Secretary of De-
5
fense shall, in accordance with section 911 of the
6
National Defense Authorization Act for Fiscal Year
7
2017 (Public Law 114–328; 10 U.S.C. 111 note),
8
establish a cross-functional team for artificial intel-
9
ligence model assessment and oversight (in this sec-
10
tion referred to as the ‘‘Cross-Functional Team’’).
11
(2) PURPOSE.—The purpose of the Cross-Func-
12
tional Team is to develop a standardized assessment
13
framework and governance structure to evaluate,
14
oversee, and facilitate collaboration on artificial in-
15
telligence models employed by the Department of
16
Defense.
17
(3) COMPOSITION.—
18
(A) LEADERSHIP.—The Chief Digital and
19
Artificial Intelligence Officer shall lead the
20
Cross-Functional Team.
21
(B) MEMBERSHIP.—The Secretary shall
22
ensure that the Cross-Functional Team includes
23
representatives from—
24
(i) the Office of the Chief Information
25
Officer;
26
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(ii) the chief artificial intelligence offi-
1
cers of the military departments, or in the
2
absence of such position, the individual re-
3
sponsible for leading artificial intelligence
4
efforts within each military department;
5
(iii) the chief information officers of
6
the military departments;
7
(iv) the chief artificial intelligence of-
8
ficers of the combatant commands and the
9
Joint Staff, or in the absence of such posi-
10
tion, the individuals responsible for leading
11
artificial intelligence efforts within each
12
such command and the Joint Staff;
13
(v) the chief information officers of
14
the combatant commands and the Joint
15
Staff, or in the absence of such position,
16
the individuals responsible for leading in-
17
formation technology efforts within each
18
such command and the Joint Staff; and
19
(vi) such other components as the
20
Secretary determines appropriate.
21
(4) DUTIES.—The duties of the Cross-Func-
22
tional Team are as follows:
23
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(A) To develop a standardized assessment
1
framework for artificial intelligence models cur-
2
rently used by the Department of Defense.
3
(B) To establish Department-wide guide-
4
lines for artificial intelligence model evaluation
5
for future models being considered for Depart-
6
ment use.
7
(C) To develop governance structures for
8
model development, testing, and deployment.
9
(D) To identify appropriate assessment
10
levels based on use case-based risk.
11
(E) To establish mechanisms for cross-
12
component collaboration.
13
(F) To develop processes for use case sub-
14
mission, review, and approval.
15
(5) FRAMEWORK
CONTENT.—The assessment
16
framework developed under subsection (b) shall ad-
17
dress—
18
(A) model performance standards;
19
(B) development documentation require-
20
ments;
21
(C) testing procedures;
22
(D) ethical principles compliance;
23
(E) assessment methodologies and validity
24
periods;
25
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(F) security requirements and compliance
1
regulations, including the Federal Risk and Au-
2
thorization Management Program; and
3
(G) such other elements as the Cross-
4
Functional Team determines appropriate.
5
(b) FUNCTIONAL LEADS
FOR ARTIFICIAL INTEL-
6
LIGENCE APPLICATION.—
7
(1) DESIGNATION.—The Secretary shall des-
8
ignate such Department organizations as the Sec-
9
retary considers appropriate to serve as functional
10
leads for artificial intelligence applications.
11
(2)
SELECTION
CRITERIA.—In
designating
12
functional leads under paragraph (1), the Secretary
13
shall consider—
14
(A) subject matter expertise;
15
(B) equities in the functional area; and
16
(C) capability to establish assessment
17
standards.
18
(3) CDAO RESPONSIBILITIES.—The Chief Dig-
19
ital and Artificial Intelligence Officer shall—
20
(A) serve as the functional lead for busi-
21
ness systems with artificial intelligence models;
22
and
23
(B) provide Department-wide guidance on
24
commercial artificial intelligence models.
25
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(c) ASSESSMENTS
OF MAJOR ARTIFICIAL INTEL-
1
LIGENCE SYSTEMS.—Not later than January 1, 2028, the
2
Secretary shall, using the standard assessment framework
3
developed by the Cross-Functional Team under subsection
4
(a)(2), assess all major artificial intelligence systems of
5
the Department.
6
(d) ADMINISTRATION.—
7
(1) IN GENERAL.—In administering this sec-
8
tion, the Secretary shall ensure the completion of
9
each of the following milestones:
10
(A) The Cross-Functional Team is estab-
11
lished in accordance with subsection (a) on or
12
before June 1, 2026.
13
(B) The functional leads for artificial intel-
14
ligence application are designated in accordance
15
with subsection (b) on or before January 1,
16
2027.
17
(C) The Cross-Function Team completes
18
development of the standardized assessment
19
framework and governance structure required
20
by subsection (a)(2) on or before June 1, 2027.
21
(D) Initial assessments of major artificial
22
intelligence systems are conducted under sub-
23
section (c) and completed on or before January
24
1, 2028.
25
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(2) CONGRESSIONAL BRIEFING.—Not later than
1
30 days after the completion of each milestone set
2
forth under paragraph (1), the Secretary shall pro-
3
vide the congressional defense committees a briefing
4
on the status of the Secretary in administering this
5
section.
6
(e) SUNSET AND TRANSITION.—
7
(1)
SUNSET.—The
Cross-Functional
Team
8
shall terminate on December 31, 2030.
9
(2) TRANSITION.—Not later than June 30,
10
2030, the Secretary shall designate an organization
11
to succeed the Cross-Functional Team and develop
12
a plan to transfer the duties of the Cross-Functional
13
Team specified by subsection (a)(4) to such suc-
14
cessor organization.
15
(3) REPORT ON ACTIVITIES OF SUCCESSOR OR-
16
GANIZATION.—Not later than one year after the
17
date on which the Cross-Functional Team is termi-
18
nated and not less frequently than once each year
19
thereafter until the date that is three years after the
20
date on which the Cross-Functional Team is termi-
21
nated, the Secretary shall submit to the congres-
22
sional defense committees an annual report on the
23
activities of the element of the Department to which
24
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the duties of the Cross-Functional Team were trans-
1
ferred.
2
(f) DEFINITIONS.—In this section:
3
(1) The term ‘‘artificial intelligence’’ has the
4
meaning given in section 238(g) of the John S.
5
McCain National Defense Authorization Act for Fis-
6
cal Year 2019 (Public Law 115–232; 10 U.S.C. note
7
prec. 4061).
8
(2) The term ‘‘functional area’’ refers to a spe-
9
cialized domain of artificial intelligence application
10
within the Department where models are developed,
11
evaluated, and employed for similar use cases under
12
comparable operational conditions. Examples of
13
functional areas may include decision support sys-
14
tems, business systems, avionics, cybersecurity, intel-
15
ligence applications, logistics and maintenance, and
16
health care.
17
SEC. 1624. DEPARTMENT OF DEFENSE ONTOLOGY GOVERN-
18
ANCE WORKING GROUP.
19
(a) ESTABLISHMENT.—
20
(1) IN
GENERAL.—The Secretary of Defense
21
shall establish a working group to develop and im-
22
plement a common data ontology and governance
23
structure across the Department of Defense.
24
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(2) DESIGNATION.—The working group estab-
1
lished pursuant to paragraph (1) shall be known as
2
the ‘‘Department of Defense Ontology Governance
3
Working Group’’ (in this section the ‘‘Working
4
Group’’).
5
(b) PURPOSE.—The purpose of the Working Group
6
is to develop and implement a common data ontology and
7
governance structure across the Department of Defense
8
to improve data interoperability, enhance information
9
sharing, and enable more effective decision making
10
throughout the Department.
11
(c) MEMBERSHIP.—The Working Group shall consist
12
of—
13
(1) the Chief Digital and Artificial Intelligence
14
Officer;
15
(2) the Chief Information Officer of the Depart-
16
ment of Defense;
17
(3) the Chief Data Officers of the Department
18
of Defense;
19
(4) the Chief Information Officers of the mili-
20
tary departments and the combatant commands;
21
(5) such representatives from defense intel-
22
ligence entities as the Secretary considers appro-
23
priate; and
24
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(6) such other officers or employees of the De-
1
partment as the Secretary considers appropriate.
2
(d) DUTIES.—The Working Group shall—
3
(1) shall coordinate with and build upon any ex-
4
isting data ontology development efforts within the
5
Department of Defense and intelligence community
6
(as defined in section 3 of the National Security Act
7
of 1947 (50 U.S.C. 3003)) to ensure complementary
8
and nonduplicative efforts;
9
(2) incorporate Department-wide data as well
10
as data from defense intelligence entities;
11
(3) develop and maintain domain-specific data
12
ontologies that address specialized knowledge areas
13
within the Department of Defense, including
14
warfighting, logistics, personnel, intelligence, and cy-
15
bersecurity domains;
16
(4) establish a process to identify and designate
17
functional domain leads responsible for leading the
18
development, review, approval, and respective guid-
19
ance of data ontologies for their particular domains;
20
(5) evaluate what security risks are introduced
21
with common and domain-specific data ontologies
22
and how these risks should be mitigated; and
23
(6) establish a governance framework that in-
24
cludes—
25
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(A) a centralized repository to store the
1
common and domain-specific data ontologies in
2
a manner accessible to all authorized stake-
3
holders;
4
(B) robust version control mechanisms to
5
track changes, manage different versions, and
6
ensure a stable and authoritative source;
7
(C) clear ownership designations and role
8
definitions for data ontology management, in-
9
cluding modification and access authorities for
10
both
enterprise-wide
and
domain-specific
11
ontologies;
12
(D) standardized governance procedures
13
for updating, reviewing, and maintaining the
14
data ontologies to ensure relevance and accu-
15
racy;
16
(E) adherence to established data ontology
17
engineering principles that promote interoper-
18
ability and reusability across domains; and
19
(F) integration with existing Department
20
data management practices and systems.
21
(e) FUNCTIONAL DOMAIN LEADS.—
22
(1)
SELECTION
CRITERIA.—In
designating
23
functional domain leads under subsection (d)(4), the
24
Working Group shall select individuals who possess
25
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extensive subject matter expertise in their respective
1
domains and maintain substantial equities or re-
2
sponsibilities within the domain.
3
(2)
REPRESENTATION.—Functional
domain
4
leads selected under subsection (d)(4) shall be se-
5
lected to ensure appropriate representation across
6
the Department, including the military departments,
7
combatant commands, defense agencies, and field
8
activities.
9
(3)
RESPONSIBILITIES.—Functional
domain
10
leads selected under subsection (d)(4) shall be re-
11
sponsible for—
12
(A) leading the development and mainte-
13
nance of data ontologies within their domains;
14
(B) reviewing and approving domain-spe-
15
cific data ontology elements;
16
(C) ensuring alignment between domain-
17
specific data ontologies and the enterprise-wide
18
data ontology framework;
19
(D) developing domain-specific guidance
20
for data ontology implementation; and
21
(E) serving as the authoritative source for
22
domain knowledge within the data ontology gov-
23
ernance structure.
24
(f) TIMELINE AND DELIVERABLES.—
25
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(1) ESTABLISHMENT.—The Secretary shall en-
1
sure that the Working Group is established pursuant
2
to subsection (a) not later than June 1, 2026, and
3
the Working Group shall remain in effect for a pe-
4
riod of not less than 5 years beginning on the date
5
of the establishment of the Working Group, unless
6
the Secretary determines that it is necessary to tran-
7
sition the Working Group into a permanent organi-
8
zation.
9
(2) FUNCTIONAL
DOMAIN
LEAD
DESIGNA-
10
TION.—Not later than August 1, 2026, the Working
11
Group shall identify and designate functional do-
12
main leads in accordance with subsections (d)(4)
13
and (e).
14
(3) DEPARTMENT-LEVEL
POLICY.—Not later
15
than June 1, 2027, the Working Group shall develop
16
and distribute Department-level policy on the data
17
ontology governance structure, including guidelines
18
for the development, maintenance, and integration of
19
domain-specific ontologies.
20
(4) IMPLEMENTATION.—The Working Group
21
shall oversee the implementation of the governance
22
structure by June 1, 2028.
23
(g) BRIEFING AND REPORT.—
24
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(1) BRIEFING.—Not later than July 1, 2027,
1
the Working Group shall provide to the congres-
2
sional defense committees a briefing on progress of
3
the Working Group.
4
(2) REPORT.—Not later than June 30, 2028,
5
the Secretary shall submit to the congressional de-
6
fense committees a report on the implementation of
7
the ontology governance structure, including the sta-
8
tus of implementation for both enterprise-wide and
9
domain-specific ontologies, and recommendations for
10
sustainment and further development.
11
(h) DEFINITIONS.—In this section:
12
(1) The term ‘‘data domain ontology’’ means a
13
data ontology that is specific to a particular func-
14
tional, operational, or subject-matter area within the
15
Department, including warfighting, logistics, per-
16
sonnel, intelligence, or cybersecurity domains.
17
(2) The term ‘‘data ontology’’ means a formal,
18
structured representation and categorization of data
19
elements, their properties, and the relationships be-
20
tween them within an information system or knowl-
21
edge domain that enables consistent interpretation,
22
integration, and analysis of data across different
23
systems and users.
24
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SEC. 1625. MODIFICATION OF HIGH-PERFORMANCE COM-
1
PUTING ROADMAP.
2
Section 1532(c) of the National Defense Authoriza-
3
tion Act for Fiscal Year 2025 (Public Law 118–159) is
4
amended—
5
(1) in paragraph (1), by inserting ‘‘, including
6
both dedicated Department of Defense owned and
7
maintained computing assets, as well as commer-
8
cially procured cloud services or other infrastructure-
9
as-a service contracts’’ before the period at the end;
10
(2) in paragraph (2)—
11
(A) by redesignating subparagraph (C) as
12
subparagraph (D); and
13
(B) by inserting after subparagraph (B)
14
the following new subparagraph (C):
15
‘‘(C) For any data centers to be built or
16
expanded on a military installation, an esti-
17
mate, to the degree that the Secretary deter-
18
mines that providing such an estimate will not
19
delay the submittal of the triennial update re-
20
quired by paragraph (3), of the additional needs
21
for those data centers, including—
22
‘‘(i) an estimate of the increased foot-
23
print for physical space needs;
24
‘‘(ii) assessments of projected elec-
25
tricity and water usage requirements for
26
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the projected artificial intelligence data
1
center footprint;
2
‘‘(iii) anticipated impact on the instal-
3
lation and the surrounding community
4
based on increased power, water, and other
5
resource needs, including measures to miti-
6
gate any potential adverse impacts on mili-
7
tary installations; and
8
‘‘(iv) strategies to prevent disruptions
9
to local utility services and to ensure com-
10
munity resilience, including consultation
11
with local, State, and Federal agencies to
12
align infrastructure planning with broader
13
community needs.’’; and
14
(3) by adding at the end the following:
15
‘‘(3) TRIENNIAL
UPDATES.—Not later than
16
March 1, 2027, and not later than March 1 of every
17
third year thereafter until March 1, 2033, the Sec-
18
retary shall update the roadmap required by para-
19
graph (1) and submit to the congressional defense
20
committees the updated roadmap.’’.
21
SEC. 1626. ARTIFICIAL GENERAL INTELLIGENCE STEERING
22
COMMITTEE.
23
(a) ESTABLISHMENT.—
24
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(1) IN
GENERAL.—Not later than April 1,
1
2026, the Secretary of Defense shall establish a
2
steering committee on artificial general intelligence.
3
(2) DESIGNATION.—The steering committee es-
4
tablished pursuant to paragraph (1) shall be known
5
as the ‘‘Artificial General Intelligence Steering Com-
6
mittee’’ (in this section the ‘‘Steering Committee’’).
7
(b) MEMBERSHIP.—The Steering Committee shall be
8
composed of the following:
9
(1) The Deputy Secretary of Defense.
10
(2) The Vice Chairman of the Joint Chiefs of
11
Staff.
12
(3) The Vice Chief of Staff of the Army, the
13
Vice Chief of Staff of Naval Operations, the Assist-
14
ant Commandant of the Marine Corps, the Vice
15
Chief of Staff of the Air Force, the Vice Chief of
16
Space Operations, and the Vice Chief of the Na-
17
tional Guard Bureau.
18
(4) The Under Secretary of Defense for Acqui-
19
sition and Sustainment.
20
(5) The Under Secretary of Defense for Re-
21
search and Engineering.
22
(6) The Under Secretary of Defense for Intel-
23
ligence and Security.
24
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(7) The Under Secretary of Defense (Comp-
1
troller)/Chief Financial Officer.
2
(8) Such representatives from the military de-
3
partments as the Secretary considers appropriate.
4
(9) The Chief Digital and Artificial Intelligence
5
Officer of the Department of Defense.
6
(10) Representatives of such innovation centers
7
within the defense innovation ecosystem as the Sec-
8
retary of Defense determines appropriate.
9
(11) Representatives of such other organiza-
10
tions and elements of the Department of Defense as
11
the Secretary determines appropriate.
12
(c) CO-CHAIRPERSONS.—The Deputy Secretary of
13
Defense and the Vice Chairman of the Joint Chiefs of
14
Staff shall serve as the Co-Chairpersons of the Steering
15
Committee.
16
(d) RESPONSIBILITIES.—The Steering Committee
17
shall be responsible for—
18
(1) analyzing the current trajectory of artificial
19
intelligence models and enabling technologies that
20
would support achievement of artificial general intel-
21
ligence, including—
22
(A) current and emerging models, includ-
23
ing frontier and world models;
24
(B) agentic algorithms;
25
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(C) neuromorphic computing;
1
(D) cognitive science applications for algo-
2
rithm or model development;
3
(E) infrastructure needs;
4
(F) new or emerging microelectronics de-
5
signs or architectures; and
6
(G) such other technology disciplines as
7
the Steering Committee determines appropriate;
8
(2) assess the technological, operational, and
9
doctrinal trajectory of adversaries of the United
10
States towards the goal of achieving an artificial
11
general intelligence;
12
(3) analyzing the military applications and im-
13
plications of artificial general intelligence for the De-
14
partment;
15
(4) developing a strategy for the Department
16
adoption of artificial general intelligence, includ-
17
ing—
18
(A) articulation of ethical and policy
19
guardrails;
20
(B) required resources, including through
21
the use of new or novel funding mechanisms
22
like purchase commitments, financing arrange-
23
ments, or loans or loan guarantees;
24
(C) measurable goals; and
25
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(D) mechanisms available for transition or
1
adoption through public-private partnerships;
2
and
3
(5) analyzing the threat landscape emanating
4
from adversarial use of artificial general intelligence
5
and developing options and counter-artificial general
6
intelligence strategies to defend against such use.
7
(e) REPORT.—
8
(1) IN GENERAL.—Not later than January 31,
9
2027, the Deputy Secretary shall submit to the con-
10
gressional defense committees a report on the find-
11
ings of the Steering Committee with respect to the
12
matters covered by subsection (d).
13
(2) FORM OF REPORT.—The report submitted
14
pursuant to paragraph (1) shall be submitted in un-
15
classified form, but may include a classified annex.
16
(3) PUBLIC AVAILABILITY.—The Deputy Sec-
17
retary shall make available to the public the unclas-
18
sified portion of the report submitted pursuant to
19
paragraph (1).
20
(f) SUNSET.—The requirements and authorities of
21
this section shall terminate on December 31, 2027.
22
(g) DEFINITIONS.—In this section:
23
(1) The term ‘‘artificial general intelligence’’
24
means artificial intelligence-capable systems with the
25
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potential to match or exceed human intelligence
1
across most cognitive tasks, distinct from narrow ar-
2
tificial intelligence systems designed for specific
3
tasks in defined domains.
4
(2) The term ‘‘innovation ecosystem’’ means a
5
regionally based network of private sector, academic,
6
and government institutions in a network of formal
7
and informal institutional relationships that con-
8
tribute to technological and economic development in
9
a defined technology sector or sectors.
10
SEC. 1627. PHYSICAL AND CYBERSECURITY PROCUREMENT
11
REQUIREMENTS
FOR
ARTIFICIAL
INTEL-
12
LIGENCE SYSTEMS.
13
(a) SECURITY FRAMEWORK.—
14
(1) IN
GENERAL.—The Secretary of Defense
15
shall develop a framework for implementation of cy-
16
bersecurity and physical security standards and best
17
practices relating to covered artificial intelligence
18
and machine learning technologies to mitigate risks
19
to the Department of Defense from the use of such
20
technologies.
21
(2) COVERAGE OF RELEVANT ASPECTS OF SE-
22
CURITY.—The framework developed under para-
23
graph (1) shall cover all relevant aspects of the secu-
24
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rity of artificial intelligence and machine learning
1
systems, including the following:
2
(A) Workforce risks, such as insider threat
3
risks.
4
(B) Training and workforce development
5
requirements, including with respect to the fol-
6
lowing:
7
(i)
Artificial
intelligence
security
8
awareness.
9
(ii)
Artificial
intelligence-specific
10
threats and vulnerabilities.
11
(iii) Continuum of professional devel-
12
opment and education of artificial intel-
13
ligence security expertise.
14
(C) Supply chain risks, such as counterfeit
15
parts or data poisoning risks.
16
(D) Risks relating to adversarial tam-
17
pering with artificial intelligence systems.
18
(E) Risks relating to unintended exposure
19
or theft of artificial intelligence systems or
20
data.
21
(F) Security posture management prac-
22
tices, including governance of security meas-
23
ures, continuous monitoring, and incident re-
24
porting procedures.
25
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(G) An evaluation of commercially avail-
1
able platforms for continuous monitoring and
2
assessment.
3
(3) RISK-BASED FRAMEWORK.—The framework
4
developed under paragraph (1) shall be risk-based,
5
with higher security levels corresponding proportion-
6
ally to the national security or foreign policy risks
7
posed by the covered artificial intelligence technology
8
being stolen or tampered with.
9
(4) USE OF EXISTING FRAMEWORKS.—To the
10
maximum extent feasible, the framework developed
11
under paragraph (1) shall—
12
(A) draw on existing cybersecurity ref-
13
erences, such as the NIST Special Publication
14
800 series; and
15
(B) be implemented as an extension or
16
augmentation of existing cybersecurity frame-
17
works developed by the Department of Defense,
18
such as the Cybersecurity Maturity Model Cer-
19
tification framework.
20
(5) ADDRESSING EXTREME SECURITY RISKS.—
21
(A) HIGHLY CAPABLE CYBER THREAT AC-
22
TORS.—The framework developed under para-
23
graph (1) shall take into account that the most
24
highly capable artificial intelligence systems
25
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may be of great interest to the most highly ca-
1
pable cyber threat actors, such as intelligence
2
and defense agencies of peer and near-peer na-
3
tions.
4
(B) SECURITY
LEVELS.—The Secretary
5
shall ensure that cybersecurity frameworks pro-
6
vided for contractors contain security levels de-
7
signed to mitigate risks posed by cyber threat
8
actors described in subparagraph (A), with the
9
highest levels being similar in scope to the level
10
of protection offered by national security sys-
11
tems.
12
(C) GENERAL
DESIGN
WITH
SPECIFIC
13
COMPONENTS.—To the extent feasible, any ad-
14
ditional security levels developed under subpara-
15
graph (B) shall be designed generally for all
16
software systems, but may contain components
17
designed specifically for highly capable artificial
18
intelligence systems.
19
(b) SECURITY REQUIREMENTS.—
20
(1) IN GENERAL.—The Secretary may amend
21
the Defense Federal Acquisition Regulation Supple-
22
ment, or take other similar action, to require covered
23
entities to implement the best practices described in
24
the framework developed under subsection (a).
25
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(2) RISK-BASED RULES.—Requirements imple-
1
mented in rules developed under paragraph (1) shall
2
be as narrowly tailored as practicable to the specific
3
covered artificial intelligence and machine learning
4
technologies developed, deployed, stored, or hosted
5
by a covered entity, and shall be calibrated accord-
6
ingly to the different tasks involved in development,
7
deployment, storage, or hosting of components of
8
those covered artificial intelligence and machine
9
learning technologies.
10
(3) COST-BENEFIT CONSIDERATION.—
11
(A) IN GENERAL.—In implementing para-
12
graph (1), the Secretary shall—
13
(i) consider the costs and benefits to
14
the Department and to United States na-
15
tional security and technological leader-
16
ship, of imposing security requirements on
17
covered entities; and
18
(ii) to the extent feasible, design re-
19
quirements in a way that allows for trans-
20
parent trade space analysis between com-
21
peting requirements in order to minimize
22
costs and maximize benefits.
23
(B) WEIGHING COSTS OF SLOWING DOWN
24
DEVELOPMENT.—In carrying out subparagraph
25
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(A), the Secretary shall, in particular, weigh the
1
costs of slowing down artificial intelligence and
2
machine learning development and deployment
3
against the benefits of mitigating national secu-
4
rity risks and potential security risks to the De-
5
partment of Defense from using commercial
6
software.
7
(c) IMPLEMENTATION PLAN.—The framework re-
8
quired by subsection (a)(1) shall include a detailed imple-
9
mentation plan that—
10
(1) establishes timelines and milestones for
11
achieving the objectives outlined in the framework;
12
(2) identifies resource requirements and fund-
13
ing mechanisms; and
14
(3) provides metrics for measuring progress and
15
effectiveness.
16
(d) REPORTING REQUIREMENTS.—Not later than
17
180 days after the date of the enactment of this Act, the
18
Secretary shall submit to the congressional defense com-
19
mittees an update on the status of implementation of the
20
requirements of this section.
21
(e) DEFINITIONS.—In this section:
22
(1) The term ‘‘artificial intelligence’’ has the
23
meaning given such term in 238(g) of the John S.
24
McCain National Defense Authorization Act for Fis-
25
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cal Year 2019 (Public Law 115-232; 10 U.S.C. note
1
prec. 4061).
2
(2) The term ‘‘covered artificial intelligence and
3
machine learning technology’’ means an artificial in-
4
telligence or machine learning system procured by
5
the Department of Defense and all components of
6
the development and deployment lifecycle of that ar-
7
tificial intelligence system, including source code, nu-
8
merical parameters (such as model weights) of the
9
trained artificial intelligence or machine learning
10
system, details of any methods and algorithms used
11
to develop that system, data used in the development
12
of the system, and software used for evaluating the
13
trustworthiness of the artificial intelligence or ma-
14
chine learning system during development or deploy-
15
ment.
16
(3) The term ‘‘covered entity’’ means an entity
17
that enters into a Department of Defense contract
18
that engages in the development, deployment, stor-
19
age, or hosting of a covered artificial intelligence
20
technology.
21
SEC. 1628. GUIDANCE AND PROHIBITION ON USE OF CER-
22
TAIN ARTIFICIAL INTELLIGENCE.
23
(a) GUIDANCE AND PROHIBITIONS.—
24
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(1) REQUIREMENT REQUIRED REGARDING EX-
1
CLUSION
AND
REMOVAL
FROM
DEPARTMENT
SYS-
2
TEMS AND DEVICES.—Except as provided in sub-
3
section (b), not later than 30 days after the date of
4
the enactment of this Act, the Secretary of Defense
5
shall require all Department of Defense offices and
6
components to exclude or remove covered artificial
7
intelligence from all Department of Defense systems
8
and devices.
9
(2) CONSIDERATION
OF
GUIDANCE
FOR
DE-
10
PARTMENT SYSTEMS AND DEVICES.—Not later than
11
30 days after the date of the enactment of this Act,
12
the Secretary of Defense shall consider issuing guid-
13
ance to all Department offices and components to
14
exclude or remove artificial intelligence developed by
15
a foreign adversary entity in cases in which the Sec-
16
retary determines that the artificial intelligence
17
poses a national security risk for all Department
18
systems and devices.
19
(3) PROHIBITION FOR CONTRACTORS.—
20
(A) USE OF COVERED ARTIFICIAL INTEL-
21
LIGENCE.—Except as provided in subsection
22
(b), not later than 30 days after the date of en-
23
actment of this Act, no contractor with an ac-
24
tive Department contract may use covered arti-
25
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ficial intelligence for fulfillment, assistance, exe-
1
cution, or otherwise support to complete, or
2
support in part, a contract with the Depart-
3
ment.
4
(B) USE
OF
ARTIFICIAL
INTELLIGENCE
5
DEVELOPED BY A FOREIGN ADVERSARY.—Ex-
6
cept as provided in subsection (b), if the Sec-
7
retary issues guidance described in paragraph
8
(2) to exclude or remove an artificial intel-
9
ligence developed by a foreign adversary entity
10
that the Secretary determines poses a national
11
security risk as described in such paragraph, no
12
contractor with an active Department contract
13
may use the artificial intelligence for fulfill-
14
ment, assistance, execution, or otherwise sup-
15
port to complete, or support in part, a contract
16
with the Department.
17
(b) WAIVER.—
18
(1) IN GENERAL.—The Secretary may waive a
19
prohibition under subsection (a), on a case-by-case
20
basis, if the Secretary determines that the waiver is
21
necessary—
22
(A) for the purpose of scientifically valid
23
research (as defined in section 102 of the Edu-
24
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cation Sciences Reform Act of 2002 (20 U.S.C.
1
9501));
2
(B) for the purpose of evaluation, training,
3
testing, or other analysis needed for national
4
security;
5
(C) for the purpose of conducting counter
6
terrorism, counterintelligence, or other oper-
7
ational military activities supporting national
8
security; or
9
(D) for the purpose of fulfilling mission
10
critical functions.
11
(2) MITIGATION
OF
RISKS.—In any case in
12
which the Secretary issues a waiver pursuant to
13
paragraph (1), the Secretary shall take such steps as
14
the Secretary considers necessary to mitigate any
15
risks due to the issuance of the waiver.
16
(c) DEFINITIONS.—In this section:
17
(1) The term ‘‘artificial intelligence’’ has the
18
meaning given such term in section 5002 of the Na-
19
tional Artificial Intelligence Initiative Act of 2020
20
(15 U.S.C. 9401) and includes the systems and
21
techniques described in paragraphs (1) through (5)
22
of section 238(g) of the John S. McCain National
23
Defense Authorization Act for Fiscal Year 2019
24
(Public Law 115–232; 10 U.S.C. note prec. 4061).
25
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(2) The term ‘‘covered artificial intelligence’’
1
means—
2
(A) any artificial intelligence, or successor
3
artificial intelligence, developed by the Chinese
4
company DeepSeek; and
5
(B) any artificial intelligence, or successor
6
artificial intelligence, developed by High Flyer
7
or an entity owned by, funded by, or supported
8
by High Flyer or an entity with respect to
9
which High Flyer directly or indirectly owns at
10
least a 20 percent stake.
11
(3) The term ‘‘foreign adversary’’ has the
12
meaning given the term ‘‘covered nation’’ in section
13
4872(f) of title 10, United States Code.
14
(4) The term ‘‘foreign adversary entity’’
15
means—
16
(A) a foreign adversary;
17
(B)
a
foreign
person
domiciled
in,
18
headquartered in, has its principal place of
19
business in, or is organized under the laws of
20
a foreign adversary;
21
(C) an entity with respect to which a for-
22
eign person or combination of foreign persons
23
described in subparagraphs (A) or (B) directly
24
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or indirectly owns at least a 20 percent stake;
1
or
2
(D) a person subject to the direction or
3
control of a foreign person or entity described
4
in subparagraphs (A), (B), or (C).
5
SEC. 1629. ROADMAP FOR ADVANCING DIGITAL CONTENT
6
PROVENANCE STANDARDS.
7
(a) IN GENERAL.—Not later than June 1, 2026, the
8
Secretary of Defense shall develop a roadmap to guide po-
9
tential future adoption and integration of digital content
10
provenance capabilities across the Department of Defense.
11
(b) ELEMENTS.—The roadmap developed pursuant
12
to subsection (a) shall—
13
(1) identify and assess current and proposed
14
open technical standards for digital content prove-
15
nance that could be applied to publicly released dig-
16
ital media assets produced by the Department of
17
Defense, the military components, and field activities
18
of the Department;
19
(2) identify strategic objectives relating to se-
20
curing and authenticating public-facing digital con-
21
tent;
22
(3) describe relevant roles and responsibilities
23
across military departments and components of the
24
Department;
25
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(4) explore the establishment of standardized
1
processes to enable embedding and verification of
2
content credentials in appropriate public-facing De-
3
partment media;
4
(5) outline potential acquisition approaches for
5
supporting technologies and solutions;
6
(6) develop metrics, as appropriate, to assess
7
the effectiveness, reliability, and scalability of digital
8
content provenance technologies;
9
(7) establish an engagement mechanism for co-
10
ordination with relevant stakeholders, including fed-
11
erally funded research and development centers, in-
12
dustry, and academia, to align efforts with evolving
13
best practices and technical capabilities; and
14
(8) establish notional milestones and resource
15
needs, disaggregated by fiscal year, to inform longer-
16
term planning.
17
(c) BRIEFING TO CONGRESS.—Not later than July
18
1, 2026, the Secretary of Defense shall provide the con-
19
gressional defense committees a briefing on the Depart-
20
ment’s roadmap for adopting digital content provenance
21
standards. The briefing should address—
22
(1) initial findings regarding feasibility, oppor-
23
tunities, and potential barriers;
24
(2) stakeholder engagement to date; and
25
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(3) any planned next steps or pilot efforts
1
under consideration.
2
(d) DEFINITION
OF DIGITAL CONTENT PROVE-
3
NANCE.—In this section, the term ‘‘digital content prove-
4
nance’’ means the verifiable history and origin of a digital
5
asset, including information about its creation, ownership,
6
and modifications over time.
7
SEC. 1630. ENHANCED PROTECTION OF DATA AFFECTING
8
OPERATIONAL SECURITY OF DEPARTMENT
9
OF DEFENSE PERSONNEL.
10
(a) PRIORITIES
FOR PROTECTION
OF PERSONAL
11
DATA FOR OPERATIONAL SECURITY.—In carrying out the
12
duties of the Secretary of Defense, the Secretary shall
13
identify and prioritize the protection of personal data that
14
is related to or may have impacts on the operational secu-
15
rity of members of the Armed Forces and civilian employ-
16
ees of the Department of Defense through the prevention
17
of collection, use, dissemination, or retention of such data
18
that does not conform with provisions of law and practices
19
relating to privacy that were in effect on the day before
20
the date of the enactment of this Act.
21
(b) REVIEW AND ISSUANCE OF NEW GUIDANCE RE-
22
LATED TO PROTECTION OF PERSONAL DATA RELATED TO
23
OPERATIONAL SECURITY.—Not later than June 1, 2026,
24
the Secretary of Defense will review all applicable guid-
25
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ance and policy relating to the protection of personal data
1
that is related to or may have impacts on the operational
2
security of Department personnel and, if necessary, issue
3
revised or new guidance for enhanced protection measures
4
for such data. Such guidance shall cover provisions of law
5
and practices relating to privacy and personnel security
6
that were in effect on the day before the date of the enact-
7
ment of this Act.
8
(c) STORAGE OF DATA.—
9
(1) LIMITATION.—The Secretary shall ensure
10
that no Department personal data related to or that
11
may have impacts on the operational security of De-
12
partment personnel is stored on a non-Department
13
server or cloud service except pursuant to a contract
14
or other agreement entered into by the Secretary
15
and a contractor or subcontractor of the Department
16
or, for personnel data, with the permission of the
17
data subject.
18
(2) WAIVERS.—The Secretary may waive para-
19
graph (1) in a case in which the Secretary certifies
20
in writing that such waiver—
21
(A) appropriately considers the operational
22
security risks to an employee of the Department
23
with respect to whom such data may relate;
24
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(B) does not pose a risk to national secu-
1
rity; and
2
(C) is necessary in the interest of national
3
security.
4
(d) CONGRESSIONAL NOTIFICATION OF CHANGES TO
5
DEPARTMENTAL ISSUANCES.—
6
(1) IN GENERAL.—Not later than 30 days after
7
the date on which the Secretary changes a Depart-
8
ment issuance relating to the protection of personal
9
data that is related to or may have impacts on the
10
operational security of Department personnel, the
11
Secretary shall submit to Congress notice of the
12
change.
13
(2) SUNSET.—The requirement of paragraph
14
(1) shall terminate on the date that is five years
15
after the date of the enactment of this Act.
16
(e) CONGRESSIONAL NOTIFICATION OF EVENTS.—
17
(1) IN GENERAL.—Not later than 30 days after
18
the date of the occurrence of an event described in
19
paragraph (2), the Secretary shall submit to Con-
20
gress notice of the event.
21
(2) EVENTS DESCRIBED.—An event described
22
in this paragraph is an occurrence of an event in
23
which—
24
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(A) the Secretary issues a waiver under
1
subsection (c)(2);
2
(B) personal data related to or that may
3
have an impact on operational security of De-
4
partment personnel is not stored according to
5
Department regulations or exfiltrated in viola-
6
tion of Department regulations;
7
(C) personal data related to or that may
8
have an impact on operational security of De-
9
partment personnel is stored on a non-Depart-
10
ment server or cloud service that has not under-
11
gone an authorization process in accordance
12
with Department regulations; or
13
(D) personal data related to or that may
14
have an impact on operational security of De-
15
partment of Defense personnel is exposed in
16
any cybersecurity incident.
17
(f) STANDARDS, TRAINING, AND REPORTING PROC-
18
ESSES FOR SYSTEM OWNERS.—
19
(1) IN GENERAL.—The Secretary shall develop
20
standards, training, reporting, and security debrief-
21
ing requirements for Department personnel who re-
22
ceive write or read access privileges as system own-
23
ers across more than one platform of Department
24
information systems that hosts personal data related
25
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to or that may have an impact on operational secu-
1
rity of Department personnel.
2
(2) SECURITY
DEBRIEFINGS.—The Secretary
3
shall ensure that personnel described in paragraph
4
(1) are provided regular security debriefings, includ-
5
ing after departing the Department.
6
(3) NOTIFICATION OF CONGRESS UNDER CER-
7
TAIN
CIRCUMSTANCES.—Not later than 30 days
8
after the completion of the development of the
9
standards, training, reporting, and security debrief-
10
ing requirements in paragraph (1) the Secretary
11
shall submit to Congress details of the requirements.
12
DIVISION
B—MILITARY
CON-
13
STRUCTION
AUTHORIZA-
14
TIONS
15
SEC. 2001. SHORT TITLE.
16
This division may be cited as the ‘‘Military Construc-
17
tion Authorization Act for Fiscal Year 2026’’.
18
SEC.
2002.
EXPIRATION
OF
AUTHORIZATIONS
AND
19
AMOUNTS REQUIRED TO BE SPECIFIED BY
20
LAW.
21
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
22
YEARS.—Except as provided in subsection (b), all author-
23
izations contained in titles XXI through XXVII for mili-
24
tary construction projects, land acquisition, facilities
25
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sustainment, family housing projects and facilities, and
1
contributions to the North Atlantic Treaty Organization
2
Security Investment Program (and authorizations of ap-
3
propriations therefor) shall expire on the later of—
4
(1) October 1, 2028; or
5
(2) the date of the enactment of an Act author-
6
izing funds for military construction for fiscal year
7
2029.
8
(b) EXCEPTION.—Subsection (a) shall not apply to
9
authorizations for military construction projects, land ac-
10
quisition, family housing projects and facilities, and con-
11
tributions to the North Atlantic Treaty Organization Se-
12
curity Investment Program (and authorizations of appro-
13
priations therefor), for which appropriated funds have
14
been obligated before the later of—
15
(1) October 1, 2028; or
16
(2) the date of the enactment of an Act author-
17
izing funds for fiscal year 2029 for military con-
18
struction projects, land acquisition, family housing
19
projects and facilities, or contributions to the North
20
Atlantic Treaty Organization Security Investment
21
Program.
22
SEC. 2003. EFFECTIVE DATE.
23
Titles XXI through XXVII shall take effect on the
24
later of—
25
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(1) October 1, 2025; or
1
(2) the date of the enactment of this Act.
2
TITLE XXI—ARMY MILITARY
3
CONSTRUCTION
4
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
5
ACQUISITION PROJECTS.
6
(a) INSIDE THE UNITED STATES.—Using amounts
7
appropriated pursuant to the authorization of appropria-
8
tions in section 2103(a) and available for military con-
9
struction projects inside the United States as specified in
10
the funding table in section 4601, the Secretary of the
11
Army may acquire real property and carry out military
12
construction projects for the installations or locations in-
13
side the United States, and in the amounts, set forth in
14
the following table:
15
Army: Inside the United States
State
Installation
Amount
Alaska ...............................
Fort Wainwright ...................................................
$208,000,000
Florida ..............................
Eglin Air Force Base ............................................
$91,000,000
Naval Air Station Key West .................................
$457,000,000
Georgia .............................
Fort Gillem ...........................................................
$166,000,000
Guam ................................
Joint Region Marianas ..........................................
$440,000,000
Hawaii ..............................
Pohakuloa Training Area ......................................
$20,000,000
Illinois ...............................
Rock Island Arsenal ..............................................
$50,000,000
Indiana .............................
Crane Army Ammunition Plant ............................
$161,000,000
Kansas ..............................
Fort Riley ..............................................................
$39,200,000
Kentucky ..........................
Fort Campbell .......................................................
$212,000,000
New York ..........................
Fort Hamilton .......................................................
$31,000,000
Watervliet Arsenal ................................................
$29,000,000
North Carolina .................
Fort Bragg ............................................................
$19,000,000
Pennsylvania .....................
Letterkenny Army Depot ......................................
$91,500,000
Tobyhanna Army Depot ........................................
$68,000,000
South Carolina .................
Fort Jackson .........................................................
$51,000,000
Washington .......................
Joint Base Lewis-McChord ...................................
$128,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
16
appropriated pursuant to the authorization of appropria-
17
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tions in section 2103(a) and available for military con-
1
struction projects outside the United States as specified
2
in the funding table in section 4601, the Secretary of the
3
Army may acquire real property and carry out military
4
construction projects for the installations or locations out-
5
side the United States, and in the amounts, set forth in
6
the following table:
7
Army: Outside the United States
Country
Installation or Location
Amount
Germany ...........................
United States Army Garrison Ansbach ................
$92,000,000
United States Army Garrison Rheinland-Pfalz ....
$62,000,000
Republic of the Marshall
Islands
United States Army Garrison Kwajalein ..............
$161,000,000
SEC. 2102. FAMILY HOUSING.
8
(a)
CONSTRUCTION
AND
ACQUISITION.—Using
9
amounts appropriated pursuant to the authorization of ap-
10
propriations in section 2103(a) and available for military
11
family housing functions as specified in the funding table
12
in section 4601, the Secretary of the Army may construct
13
or acquire family housing units (including land acquisition
14
and supporting facilities) at the installations or locations,
15
and in the amounts, set forth in the following table:
16
Army: Family Housing
Country
Installation or Location
Amount
Belgium ...............
Chie`vres Air Base .................................
$145,042,000
Germany ..............
Army Garrison Bavaria ........................
$50,692,000
(b) PLANNING AND DESIGN.—Using amounts appro-
17
priated pursuant to the authorization of appropriations in
18
section 2103(a) and available for military family housing
19
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functions as specified in the funding table in section 4601,
1
the Secretary of the Army may carry out architectural and
2
engineering services and construction design activities
3
with respect to the construction or improvement of family
4
housing units in an amount not to exceed $32,824,000.
5
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
6
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
7
are hereby authorized to be appropriated for fiscal years
8
beginning after September 30, 2025, for military con-
9
struction, land acquisition, facilities sustainment, and
10
military family housing functions of the Department of the
11
Army as specified in the funding table in section 4601.
12
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
13
PROJECTS.—Notwithstanding the cost variations author-
14
ized by section 2853 of title 10, United States Code, and
15
any other cost variation authorized by law, the total cost
16
of all projects carried out under sections 2101 and 2102
17
of this Act may not exceed the total amount authorized
18
to be appropriated under subsection (a), as specified in
19
the funding table in section 4601.
20
SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT FIS-
21
CAL YEAR 2021 PROJECT AT FORT GILLEM,
22
GEORGIA.
23
(a) EXTENSION.—Notwithstanding section 2002 of
24
the Military Construction Authorization Act for Fiscal
25
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Year 2021 (division B of Public Law 116–283; 134 Stat.
1
4294), the authorization set forth in the table in sub-
2
section (b), as provided in section 2101(a) of that Act
3
(134 Stat. 4295) and most recently extended by section
4
2107 of the Military Construction Authorization Act for
5
Fiscal Year 2025 (division B of Public Law 118–159; 138
6
Stat. 2216), shall remain in effect until October 1, 2026,
7
or the date of the enactment of an Act authorizing funds
8
for military construction for fiscal year 2027, whichever
9
is later.
10
(b) TABLE.—The table referred to in subsection (a)
11
is as follows:
12
Army: Extension of 2021 Project Authorizations
State
Installation or
Location
Project
Original Au-
thorized
Amount
Georgia ...........
Fort Gillem .........
Forensic Laboratory .........
$71,000,000
SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT CER-
13
TAIN FISCAL YEAR 2022 PROJECTS.
14
(a) EXTENSION.—Notwithstanding section 2002 of
15
the Military Construction Authorization Act for Fiscal
16
Year 2022 (division B of Public Law 117–81; 135 Stat.
17
2161), the authorizations set forth in the table in sub-
18
section (b), as provided in section 2101 of that Act (135
19
Stat. 2163) and extended by section 2108 of the Military
20
Construction Authorization Act for Fiscal Year 2025 (di-
21
vision B of Public Law 118–159; 138 Stat. 2216), shall
22
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remain in effect until October 1, 2026, or the date of the
1
enactment of an Act authorizing funds for military con-
2
struction for fiscal year 2027, whichever is later.
3
(b) TABLE.—The table referred to in subsection (a)
4
is as follows:
5
Army: Extension of 2022 Project Authorizations
State/Country
Installation or
Location
Project
Original Au-
thorized
Amount
Georgia ...........
Fort Stewart .......
Barracks ............................
$105,000,000
Germany .........
Smith Barracks ..
Live Fire Exercise
Shoothouse ....................
$16,000,000
Hawaii ............
West Loch Naval
Magazine
Annex ..............
Ammunition Storage .........
$51,000,000
Texas ..............
Fort Bliss ...........
Defense Access Roads .......
$20,000,000
SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CER-
6
TAIN FISCAL YEAR 2023 PROJECTS.
7
(a) EXTENSION.—Notwithstanding section 2002 of
8
the Military Construction Authorization Act for Fiscal
9
Year 2023 (division B of Public Law 117–263; 136 Stat.
10
2970), the authorization set forth in the table in sub-
11
section (b), as provided in section 2101 of that Act (136
12
Stat. 2971), shall remain in effect until October 1, 2026,
13
or the date of the enactment of an Act authorizing funds
14
for military construction for fiscal year 2027, whichever
15
is later.
16
(b) TABLE.—The table referred to in subsection (a)
17
is as follows:
18
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Army: Extension of 2023 Project Authorizations
State/Country
Installation or
Location
Project
Original Au-
thorized
Amount
Alabama .........
Redstone Arsenal
Physics Lab .......................
$44,000,000
Hawaii ............
Fort Shafter .......
Water System Upgrade .....
$33,000,000
Schofield Bar-
racks ...............
Company Operations Facil-
ity ..................................
$159,000,000
Tripler Army
Medical Center
Water System Upgrade .....
$38,000,000
Germany .........
East Camp
Grafenwoehr ...
EDI: Battalion Trng Cplx1
(Brks/Veh Maint) ..........
$104,000,000
.............................
EDI: Battalion Trng Cplx2
(OPS/Veh Maint) ..........
$64,000,000
Japan .............
Kadena Air Force
Base ................
Vehicle Maintenance Shop
$80,000,000
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT
1
CERTAIN FISCAL YEAR 2025 PROJECTS.
2
(a) SMITH BARRACKS, GERMANY.—In the case of the
3
authorization contained in the table in section 2101(b) of
4
the Military Construction Authorization Act for Fiscal
5
Year 2025 (division B of Public Law 118–159; 138 Stat.
6
2213) for Hohenfels Training Area, for construction of a
7
barracks as specified in the funding table in section 4601
8
of the Servicemember Quality of Life Improvement and
9
National Defense Authorization Act for Fiscal Year 2025
10
(Public Law 118–159; 138 Stat. 2382), the Secretary of
11
the Army may construct a barracks at Smith Barracks,
12
Germany.
13
(b) NAVAL AIR STATION, KEY WEST, FLORIDA.—
14
(1) MODIFICATION OF PROJECT AUTHORITY.—
15
In the case of the authorization contained in the
16
table in section 2101(a) of the Military Construction
17
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Authorization Act for Fiscal Year 2025 (division B
1
of Public Law 118–159; 138 Stat. 2212) for Naval
2
Air Station Key West, Florida, for construction of a
3
Joint Interagency Task Force South command and
4
control facility, the Secretary of the Army may con-
5
struct a command and control facility in the amount
6
of $397,000,000.
7
(2) MODIFICATION OF PROJECT AMOUNTS.—
8
(A) PROJECT
AUTHORIZATION.—The au-
9
thorization table in section 2101(a) of the Mili-
10
tary Construction Authorization Act for Fiscal
11
Year 2025 (division B of Public Law 118–159;
12
138 Stat. 2212) is amended in the item relating
13
to Naval Air Station Key West, Florida, by
14
striking
‘‘$90,000,000’’
and
inserting
15
‘‘$397,000,000’’.
16
(B)
FUNDING
AUTHORIZATION.—The
17
funding table in section 4601 of the Service-
18
member Quality of Life Improvement and Na-
19
tional Defense Authorization Act for Fiscal
20
Year 2025 (Public Law 118–159; 138 Stat.
21
2382) is amended in the item relating to Naval
22
Air Station Key West, Florida, Joint Inter-
23
agency Task Force South command and control
24
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facility, by striking ‘‘$90,000’’ and inserting
1
‘‘$397,000’’.
2
(c) FORT CAVAZOS, TEXAS.—
3
(1) MODIFICATIONS OF PROJECT AUTHORITY.—
4
In the case of the authorization contained in the
5
table in section 2101(a) of the Military Construction
6
Authorization Act for Fiscal Year 2025 (division B
7
of Public Law 118–159; 138 Stat. 2212) for Fort
8
Cavazos, Texas, for construction of Motor Pool #70,
9
the Secretary of the Army may construct a vehicle
10
maintenance shop.
11
(2) MODIFICATION
OF
PROJECT
NAMES
AND
12
AMOUNTS.—
13
(A) PROJECT
AUTHORIZATION.—The au-
14
thorization table in section 2101(a) of the Mili-
15
tary Construction Authorization Act for Fiscal
16
Year 2025 (division B of Public Law 118–159;
17
138 Stat. 2212) is amended in the item relating
18
to
Fort
Cavazos,
Texas,
by
striking
19
‘‘$147,000,000’’ and inserting ‘‘$69,000,000’’.
20
(B)
FUNDING
AUTHORIZATION.—The
21
funding table in section 4601 of the Service-
22
member Quality of Life Improvement and Na-
23
tional Defense Authorization Act for Fiscal
24
Year 2025 (Public Law 118–159; 138 Stat.
25
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2383) is amended in the items relating to Fort
1
Cavazos, Texas, by striking ‘‘Motor Pool #70’’
2
and inserting ‘‘Vehicle Maintenance Shop’’.
3
TITLE XXII—NAVY MILITARY
4
CONSTRUCTION
5
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
6
ACQUISITION PROJECTS.
7
(a) INSIDE THE UNITED STATES.—Using amounts
8
appropriated pursuant to the authorization of appropria-
9
tions in section 2203(a) and available for military con-
10
struction projects inside the United States as specified in
11
the funding table in section 4601, the Secretary of the
12
Navy may acquire real property and carry out military
13
construction projects for the installations or locations in-
14
side the United States, and in the amounts, set forth in
15
the following table:
16
Navy and Marine Corps: Inside the United States
State
Installation or Location
Amount
California ..........................
Marine Corps Base Camp Pendleton ....................
$171,020,000
Naval Air Station Lemoore ...................................
$399,610,000
Naval Base Coronado ............................................
$302,000,000
Naval Base San Diego ..........................................
$154,820,000
Naval Base Ventura County .................................
$164,000,000
Naval Support Activity Monterey .........................
$430,000,000
Connecticut .......................
Naval Submarine Base New London ....................
$255,000,000
District of Columbia .........
Naval Research Laboratory ..................................
$157,000,000
Florida ..............................
Naval Air Station Pensacola .................................
$164,000,000
Guam ................................
Andersen Air Force Base ......................................
$70,070,000
Joint Region Marianas ..........................................
$2,555,000,000
Naval Base Guam .................................................
$105,950,000
Naval Base Guam North Finegayan Tele-
communications Site.
$61,010,000
Hawaii ..............................
Joint Base Pearl Harbor-Hickam .........................
$83,000,000
Marine Corps Base Kaneohe Bay .........................
$143,510,000
Pacific Missile Range Facility Barking Sands .....
$235,730,000
Maine ................................
Portsmouth Naval Shipyard .................................
$1,042,000,000
Maryland ..........................
National Maritime Intelligence Center .................
$114,000,000
Naval Support Facility Indian Head ....................
$106,000,000
United States Naval Academy Annapolis .............
$86,000,000
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Navy and Marine Corps: Inside the United States—Continued
State
Installation or Location
Amount
Nevada ..............................
Naval Air Station Fallon ......................................
$47,000,000
North Carolina .................
Marine Corps Base Camp Lejeune .......................
$48,280,000
Pennsylvania .....................
Naval Support Activity Mechanicsburg ................
$88,000,000
Rhode Island ....................
Naval Station Newport .........................................
$190,000,000
South Carolina .................
Joint Base Charleston ...........................................
$357,900,000
Virginia .............................
Marine Corps Base Quantico ................................
$63,560,000
Naval Station Norfolk ...........................................
$1,582,490,000
Washington .......................
Naval Air Station Whidbey Island ........................
$202,000,000
Naval Base Kitsap-Bangor ...................................
$245,700,000
Worldwide Unspecified .....
Unspecified Worldwide Locations .........................
$129,620,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
1
appropriated pursuant to the authorization of appropria-
2
tions in section 2203(a) and available for military con-
3
struction projects outside the United States as specified
4
in the funding table in section 4601, the Secretary of the
5
Navy may acquire real property and carry out military
6
construction projects for the installation or location out-
7
side the United States, and in the amount, set forth in
8
the following table:
9
Navy: Outside the United States
Country
Installation or Location
Amount
Japan .......................
Marine Corps Base Camp Smedley D. But-
ler.
$58,000,000
SEC. 2202. FAMILY HOUSING.
10
(a)
CONSTRUCTION
AND
ACQUISITION.—Using
11
amounts appropriated pursuant to the authorization of ap-
12
propriations in section 2203(a) and available for military
13
family housing functions as specified in the funding table
14
in section 4601, the Secretary of the Navy may construct
15
or acquire family housing units (including land acquisition
16
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and supporting facilities) at the installations or locations,
1
and in the amounts, set forth in the following table:
2
Navy and Marine Corps: Family Housing
Country
Installation or Location
Amount
Japan .......................
Marine Corps Air Station Iwakuni ..............
$11,230,000
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING
3
UNITS.—Subject to section 2825 of title 10, United States
4
Code, and using amounts appropriated pursuant to the
5
authorization of appropriations in section 2203(a) and
6
available for military family housing functions as specified
7
in the funding table in section 4601, the Secretary of the
8
Navy may improve existing military family housing units
9
in an amount not to exceed $68,230,000.
10
(c) PLANNING AND DESIGN.—Using amounts appro-
11
priated pursuant to the authorization of appropriations in
12
section 2203(a) and available for military family housing
13
functions as specified in the funding table in section 4601,
14
the Secretary of the Navy may carry out architectural and
15
engineering services and construction design activities
16
with respect to the construction or improvement of family
17
housing units in an amount not to exceed $3,806,000.
18
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
19
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
20
are hereby authorized to be appropriated for fiscal years
21
beginning after September 30, 2025, for military con-
22
struction, land acquisition, facilities sustainment, and
23
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military family housing functions of the Department of the
1
Navy, as specified in the funding table in section 4601.
2
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
3
PROJECTS.—Notwithstanding the cost variations author-
4
ized by section 2853 of title 10, United States Code, and
5
any other cost variation authorized by law, the total cost
6
of all projects carried out under sections 2201 and 2202
7
may not exceed the total amount authorized to be appro-
8
priated under subsection (a), as specified in the funding
9
table in section 4601.
10
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CER-
11
TAIN FISCAL YEAR 2022 PROJECTS.
12
(a) EXTENSION.—Notwithstanding section 2002 of
13
the Military Construction Authorization Act for Fiscal
14
Year 2022 (division B of Public Law 117–81; 135 Stat.
15
2161), the authorizations set forth in the table in sub-
16
section (b), as provided in sections 2201 and 2202 of that
17
Act (135 Stat. 2166, 2167) and extended by section 2207
18
of the Military Construction Authorization Act for Fiscal
19
Year 2025 (division B of Public Law 118–159; 138 Stat.
20
2221), shall remain in effect until October 1, 2026, or the
21
date of the enactment of an Act authorizing funds for mili-
22
tary construction for fiscal year 2027, whichever is later.
23
(b) TABLE.—The table referred to in subsection (a)
24
is as follows:
25
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Navy: Extension of 2022 Project Authorizations
State
Installation or
Location
Project
Original Au-
thorized
Amount
California .......
Marine Corps
Base Camp
Pendleton ........
CLB MEU Complex ..........
$83,900,000
District of Co-
lumbia.
Marine Barracks
Washington .....
Family Housing Improve-
ments .............................
$10,415,000
Florida ...........
Marine Corps
Support Facil-
ity Blount Is-
land .................
Lighterage and Small
Craft Facility ................
$69,400,000
Hawaii ............
Marine Corps
Base Kaneohe
Electrical Distribution
Modernization ................
$64,500,000
South Carolina
Marine Corps Air
Station Beau-
fort ..................
Aircraft Maintenance
Hangar ..........................
$122,600,000
SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CER-
1
TAIN FISCAL YEAR 2023 PROJECTS.
2
(a) EXTENSION.—Notwithstanding section 2002 of
3
the Military Construction Authorization Act for Fiscal
4
Year 2023 (division B of Public Law 117–263; 136 Stat.
5
2970), the authorizations set forth in the table in sub-
6
section (b), as provided in section 2201 of that Act (136
7
Stat. 2975), shall remain in effect until October 1, 2026,
8
or the date of the enactment of an Act authorizing funds
9
for military construction for fiscal year 2027, whichever
10
is later.
11
(b) TABLE.—The table referred to in subsection (a)
12
is as follows:
13
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Navy: Extension of 2023 Project Authorizations
State/Country
Installation or
Location
Project
Original Au-
thorized
Amount
Florida ...........
Naval Air Station
Jacksonville .....
Engine Test Cells Modi-
fications .........................
$100,570,000
Hawaii ............
Joint Base Pearl
Harbor-Hickam
Missile Magazines .............
$142,783,000
Nevada ...........
Naval Air Station
Fallon ..............
F–35C Aircraft Mainte-
nance Hangar ................
$111,566,000
North Carolina
Marine Corps Air
Station Cherry
Point ...............
CH–53K Gearbox Repair
and Test Facility ...........
$44,830,000
South Carolina
Marine Corps Re-
cruit Depot
Parris Island ...
Recruit Barracks ...............
$81,890,000
.............................
Recruit Barracks ...............
$85,040,000
Spain ..............
Naval Station
Rota ................
EDI: Missile Magazines ....
$92,323,000
TITLE XXIII—AIR FORCE
1
MILITARY CONSTRUCTION
2
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
3
LAND ACQUISITION PROJECTS.
4
(a) INSIDE THE UNITED STATES.—Using amounts
5
appropriated pursuant to the authorization of appropria-
6
tions in section 2303(a) and available for military con-
7
struction projects inside the United States as specified in
8
the funding table in section 4601, the Secretary of the
9
Air Force may acquire real property and carry out mili-
10
tary construction projects for the installations or locations
11
inside the United States, and in the amounts, set forth
12
in the following table:
13
Air Force: Inside the United States
State
Installation or Location
Amount
Arizona .....................
Davis-Monthan Air Force Base .................
$174,000,000
Luke Air Force Base .................................
$45,000,000
California ..................
Travis Air Force Base ...............................
$60,000,000
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Air Force: Inside the United States—Continued
State
Installation or Location
Amount
Florida ......................
Cape Canaveral Space Force Station ........
$49,800,000
Eglin Air Force Base ................................
$166,000,000
Hurlburt Field ...........................................
$66,000,000
MacDill Air Force Base ............................
$74,000,000
Tyndall Air Force Base .............................
$48,000,000
Georgia .....................
Moody Air Force Base ..............................
$49,500,000
Robins Air Force Base ..............................
$28,000,000
Louisiana ..................
Barksdale Air Force Base .........................
$116,000,000
Maryland ..................
Joint Base Anacostia-Bolling ....................
$50,000,000
Massachusetts ..........
Hanscom Air Force Base ..........................
$55,000,000
Mississippi ................
Columbus Air Force Base .........................
$14,200,000
Missouri ....................
Whiteman Air Force Base .........................
$127,600,000
New Jersey ...............
Joint Base McGuire-Dix-Lakehurst ..........
$23,000,000
New Mexico ..............
Cannon Air Force Base .............................
$169,000,000
Kirtland Air Force Base ...........................
$233,000,000
North Carolina .........
Seymour Johnson Air Force Base ............
$95,000,000
Ohio ..........................
Wright-Patterson Air Force Base .............
$45,000,000
Oklahoma .................
Tinker Air Force Base ..............................
$497,000,000
South Dakota ...........
Ellsworth Air Force Base ..........................
$378,000,000
Tennessee .................
Arnold Air Force .......................................
$17,500,000
Texas ........................
Dyess Air Force Base ................................
$90,800,000
Goodfellow Air Force Base ........................
$112,000,000
Utah .........................
Hill Air Force Base ...................................
$250,000,000
Virginia ....................
Joint Base Langley-Eustis ........................
$49,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
1
appropriated pursuant to the authorization of appropria-
2
tions in section 2303(a) and available for military con-
3
struction projects outside the United States as specified
4
in the funding table in section 4601, the Secretary of the
5
Air Force may acquire real property and carry out mili-
6
tary construction projects for the installations or locations
7
outside the United States, and in the amounts, set forth
8
in the following table:
9
Air Force: Outside the United States
Country
Installation or Location
Amount
Diego Garcia .....................
Naval Support Facility Diego Garcia ...................
$29,000,000
Germany ...........................
Ramstein Air Base ................................................
$44,000,000
Greenland .........................
Pituffik Space Base ..............................................
$32,000,000
Norway .............................
Royal Norwegian Air Force Base Rygge ..............
$72,000,000
United Kingdom ...............
Royal Air Force Feltwell .......................................
$20,000,000
Royal Air Force Lakenheath ................................
$253,000,000
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SEC. 2302. FAMILY HOUSING.
1
(a) IMPROVEMENTS TO MILITARY FAMILY HOUSING
2
UNITS.—Subject to section 2825 of title 10, United States
3
Code, and using amounts appropriated pursuant to the
4
authorization of appropriations in section 2303(a) and
5
available for military family housing functions as specified
6
in the funding table in section 4601, the Secretary of the
7
Air Force may improve existing military family housing
8
units in an amount not to exceed $237,655,000.
9
(b) PLANNING AND DESIGN.—Using amounts appro-
10
priated pursuant to the authorization of appropriations in
11
section 2303(a) and available for military family housing
12
functions as specified in the funding table in section 4601,
13
the Secretary of the Air Force may carry out architectural
14
and engineering services and construction design activities
15
with respect to the construction or improvement of family
16
housing units in an amount not to exceed $36,575,000.
17
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR
18
FORCE.
19
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
20
are hereby authorized to be appropriated for fiscal years
21
beginning after September 30, 2025, for military con-
22
struction, land acquisition, facilities sustainment, and
23
military family housing functions of the Department of the
24
Air Force, as specified in the funding table in section
25
4601.
26
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(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
1
PROJECTS.—Notwithstanding the cost variations author-
2
ized by section 2853 of title 10, United States Code, and
3
any other cost variation authorized by law, the total cost
4
of all projects carried out under sections 2301 and 2302
5
may not exceed the total amount authorized to be appro-
6
priated under subsection (a), as specified in the funding
7
table in section 4601.
8
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT FIS-
9
CAL YEAR 2017 PROJECT AT SPANGDAHLEM
10
AIR BASE, GERMANY.
11
(a) EXTENSION.—Notwithstanding section 2002 of
12
the Military Construction Authorization Act for Fiscal
13
Year 2017 (division B of Public Law 114–328; 130 Stat.
14
2688), the authorization set forth in the table in sub-
15
section (b), as provided in section 2902 of that Act (130
16
Stat. 2743) and most recently extended by section 2304
17
of the Military Construction Authorization Act for Fiscal
18
Year 2025 (division B of Public Law 118–159; 138 Stat.
19
2224), shall remain in effect until October 1, 2026, or the
20
date of the enactment of an Act authorizing funds for mili-
21
tary construction for fiscal year 2027, whichever is later.
22
(b) TABLE.—The table referred to in subsection (a)
23
is as follows:
24
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Air Force: Extension of 2017 Project Authorization
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Germany .........
Spangdahlem Air Base
ERI: F/A–22 Low
Observable/Comp
Repair Fac ..........
$12,000,000
SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CER-
1
TAIN FISCAL YEAR 2019 PROJECTS.
2
(a) EXTENSION.—Notwithstanding section 2002 of
3
the Military Construction Authorization Act for Fiscal
4
Year 2019 (division B of Public Law 115–232; 132 Stat.
5
2240), the authorizations set forth in the table in sub-
6
section (b), as provided in section 2903 of that Act (132
7
Stat. 2287) and most recently extended by section 2306
8
of the Military Construction Authorization Act for Fiscal
9
Year 2025 (division B of Public Law 118–159; 138 Stat.
10
2225), shall remain in effect until October 1, 2026, or the
11
date of the enactment of an Act authorizing funds for mili-
12
tary construction for fiscal year 2027, whichever is later.
13
(b) TABLE.—The table referred to in subsection (a)
14
is as follows:
15
Air Force: Extension of 2019 Project Authorization
Country
Installation or
Location
Project
Original Au-
thorized
Amount
United King-
dom .............
Royal Air Force
Fairford ....................
EDI: Construct
DABS-FEV Stor-
age .......................
$87,000,000
........................
......................................
EDI: Munitions
Holding Area .......
$19,000,000
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SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CER-
1
TAIN FISCAL YEAR 2020 PROJECTS.
2
(a) EXTENSION.—Notwithstanding section 2002 of
3
the Military Construction Authorization Act for Fiscal
4
Year 2020 (division B of Public Law 116–92; 133 Stat.
5
1862), the authorizations set forth in the table in sub-
6
section (b), as provided in sections 2301(a) and 2912(a)
7
of that Act (133 Stat. 1867, 1913), and extended by sec-
8
tion 2307 of the Military Construction Authorization Act
9
for Fiscal Year 2025 (division B of Public Law 118–159;
10
138 Stat. 2226), shall remain in effect until October 1,
11
2026, or the date of the enactment of an Act authorizing
12
funds for military construction for fiscal year 2027, which-
13
ever is later.
14
(b) TABLE.—The table referred to in subsection (a)
15
is as follows:
16
Air Force: Extension of 2020 Project Authorization
State
Installation or
Location
Project
Original Au-
thorized
Amount
Florida ...........
Tyndall Air Force Base
Deployment Center/
Flight Line Din-
ing/AAFES ..........
$43,000,000
Georgia ...........
Moody Air Force Base
41 RQS HH–60W
Apron ..................
$12,500,000
SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT CER-
17
TAIN FISCAL YEAR 2022 PROJECTS.
18
(a) EXTENSION.—Notwithstanding section 2002 of
19
the Military Construction Authorization Act for Fiscal
20
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Year 2022 (division B of Public Law 117–81; 135 Stat.
1
2161), the authorizations set forth in the table in sub-
2
section (b), as provided in section 2301 of that Act (135
3
Stat. 2168) and extended by section 2309 of the Military
4
Construction Authorization Act for Fiscal Year 2025 (di-
5
vision B of Public Law 118–159; 138 Stat. 2227), shall
6
remain in effect until October 1, 2026, or the date of the
7
enactment of an Act authorizing funds for military con-
8
struction for fiscal year 2027, whichever is later.
9
(b) TABLE.—The table referred to in subsection (a)
10
is as follows:
11
Air Force: Extension of 2022 Project Authorization
State/
Counrty
Installation or
Location
Project
Original Au-
thorized
Amount
Massachusetts
Hanscom Air Force
Base .........................
NC3 Acquisitions
Management Fa-
cility .....................
$66,000,000
United King-
dom .............
Royal Air Force
Lakenheath ..............
F–35A Child Devel-
opment Center .....
$24,000,000
........................
......................................
F–35A Munition In-
spection Facility ..
$31,000,000
........................
......................................
F–35A Weapons
Load Training
Facility ................
$49,000,000
SEC. 2308. EXTENSION OF AUTHORITY TO CARRY OUT CER-
12
TAIN FISCAL YEAR 2023 PROJECTS.
13
(a) EXTENSION.—Notwithstanding section 2002 of
14
the Military Construction Authorization Act for Fiscal
15
Year 2023 (division B of Public Law 117–263; 136 Stat.
16
2970), the authorizations set forth in the table in sub-
17
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section (b), as provided in section 2301 of that Act (136
1
Stat. 2978), shall remain in effect until October 1, 2026,
2
or the date of the enactment of an Act authorizing funds
3
for military construction for fiscal year 2027, whichever
4
is later.
5
(b) TABLE.—The table referred to in subsection (a)
6
is as follows:
7
Air Force: Extension of 2023 Project Authorization
State/
Counrty
Installation or
Location
Project
Original Au-
thorized
Amount
Florida ...........
Patrick Space Force
Base .........................
Consolidated Com-
munications Cen-
ter ........................
$97,000,000
Norway ...........
Rygge Air Station ........
EDI: Base Perim-
eter Security
Fence ...................
$8,200,000
Oklahoma .......
Tinker Air Force Base
Facility and Land
Acquisition
(MROTC) ............
$30,000,000
Texas ..............
Joint Base San Anto-
nio-Randolph ............
Child Development
Center ..................
$29,000,000
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT
8
FISCAL YEAR 2025 PROJECT AT F.E. WARREN
9
AIR FORCE BASE, WYOMING.
10
In the case of the authorization contained in the table
11
in section 2301(a) of the Military Construction Authoriza-
12
tion Act for Fiscal Year 2025 (division B of Public Law
13
118–159; 138 Stat. 2222) for F.E. Warren Air Force
14
Base, Wyoming, for the Ground Based Strategic Deter-
15
rent Utility Corridor, the Secretary of the Air Force may
16
construct 3,219 kilometers of telephone duct facility.
17
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TITLE
XXIV—DEFENSE
AGEN-
1
CIES
MILITARY
CONSTRUC-
2
TION
3
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
4
TION AND LAND ACQUISITION PROJECTS.
5
(a) INSIDE THE UNITED STATES.—Using amounts
6
appropriated pursuant to the authorization of appropria-
7
tions in section 2403(a) and available for military con-
8
struction projects inside the United States as specified in
9
the funding table in section 4601, the Secretary of De-
10
fense may acquire real property and carry out military
11
construction projects for the installations or locations in-
12
side the United States, and in the amounts, set forth in
13
the following table:
14
Defense Agencies: Inside the United States
State
Installation or Location
Amount
Alabama ............................
DLA Distribution Center Anniston ......................
$32,000,000
California ..........................
Naval Base Coronado ............................................
$75,900,000
Travis Air Force Base ..........................................
$49,980,000
Florida ..............................
Homestead Air Reserve Base ................................
$33,000,000
Georgia .............................
Fort Benning ........................................................
$127,375,000
Maryland ..........................
Fort Meade ...........................................................
$26,600,000
North Carolina .................
Fort Bragg ............................................................
$275,000,000
Marine Corps Base Camp Lejeune .......................
$289,000,000
Pennsylvania .....................
DLA Distribution Center Susquehanna ...............
$90,000,000
Harrisburg Air National Guard Base ...................
$13,400,000
Puerto Rico .......................
Punta Borinquen ...................................................
$155,000,000
Texas ................................
NSA Texas ............................................................
$500,000,000
Virginia .............................
Pentagon ...............................................................
$34,000,000
Washington .......................
Fairchild Air Force Base ......................................
$85,000,000
Manchester Tank Farm ........................................
$71,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
15
appropriated pursuant to the authorization of appropria-
16
tions in section 2403(a) and available for military con-
17
struction projects outside the United States as specified
18
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in the funding table in section 4601, the Secretary of De-
1
fense may acquire real property and carry out military
2
construction projects for the installations or locations out-
3
side the United States, and in the amounts, set forth in
4
the following table:
5
Defense Agencies: Outside the United States
Country
Installation or Location
Amount
Germany ...........................
United States Army Garrison Rheinland-Pfalz ....
$16,700,000
United Kingdom ...............
Royal Air Force Lakenheath ................................
$397,500,000
Royal Air Force Mildenhall ...................................
$45,000,000
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CON-
6
SERVATION
INVESTMENT
PROGRAM
7
PROJECTS.
8
(a) INSIDE THE UNITED STATES.—Using amounts
9
appropriated pursuant to the authorization of appropria-
10
tions in section 2403(a) and available for energy conserva-
11
tion projects as specified in the funding table in section
12
4601, the Secretary of Defense may carry out energy con-
13
servation projects under chapter 173 of title 10, United
14
States Code, for the installations or locations inside the
15
United States, and in the amounts, set forth in the fol-
16
lowing table:
17
ERCIP Projects: Inside the United States
State
Installation or Location
Amount
California ..........................
Armed Forces Reserve Center Mountain View .....
$20,600,000
Travis Air Force Base ..........................................
$25,120,000
Florida ..............................
Marine Corps Support Facility Blount Island ......
$30,500,000
Guam ................................
Joint Region Marianas ..........................................
$53,000,000
Naval Base Guam .................................................
$63,010,000
Massachusetts ...................
Cape Cod Space Force Station .............................
$124,000,000
New Mexico ......................
White Sands Missile Range ..................................
$38,500,000
North Carolina .................
Fort Bragg ............................................................
$80,000,000
Texas ................................
Camp Swift ...........................................................
$19,800,000
Fort Hood .............................................................
$34,500,000
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ERCIP Projects: Inside the United States—Continued
State
Installation or Location
Amount
Utah ..................................
Camp Williams ......................................................
$28,500,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
1
appropriated pursuant to the authorization of appropria-
2
tions in section 2403(a) and available for energy conserva-
3
tion projects as specified in the funding table in section
4
4601, the Secretary of Defense may carry out energy con-
5
servation projects under chapter 173 of title 10, United
6
States Code, for the installations or locations outside the
7
United States, and in the amounts, set forth in the fol-
8
lowing table:
9
ERCIP Projects: Outside the United States
Country
Installation or Location
Amount
Germany ...........................
United States Army Garrison Ansbach ................
$73,000,000
Japan ................................
Marine Corps Air Station Iwakuni .......................
$146,800,000
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE-
10
FENSE AGENCIES.
11
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
12
are hereby authorized to be appropriated for fiscal years
13
beginning after September 30, 2025, for military con-
14
struction, land acquisition, facilities sustainment, and
15
military family housing functions of the Department of
16
Defense (other than the military departments), as speci-
17
fied in the funding table in section 4601.
18
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
19
PROJECTS.—Notwithstanding the cost variations author-
20
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ized by section 2853 of title 10, United States Code, and
1
any other cost variation authorized by law, the total cost
2
of all projects carried out under sections 2401 and 2402
3
may not exceed the total amount authorized to be appro-
4
priated under subsection (a), as specified in the funding
5
table in section 4601.
6
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT FIS-
7
CAL YEAR 2019 PROJECT AT IWAKUNI, JAPAN.
8
(a) EXTENSION.—Notwithstanding section 2002 of
9
the Military Construction Authorization Act for Fiscal
10
Year 2019 (division B of Public Law 115–232; 132 Stat.
11
2240), the authorization set forth in the table in sub-
12
section (b), as provided in section 2401(b) of that Act
13
(132 Stat. 2249) and most recently extended by section
14
2405 of the Military Construction Authorization Act for
15
Fiscal Year 2025 (division B of Public Law 118–159; 138
16
Stat. 2232), shall remain in effect until October 1, 2026,
17
or the date of the enactment of an Act authorizing funds
18
for military construction for fiscal year 2027, whichever
19
is later.
20
(b) TABLE.—The table referred to in subsection (a)
21
is as follows:
22
Defense Agencies: Extension of 2019 Project Authorization
Country
Installation or
Location
Project
Original Au-
thorized
Amount
Japan .............
Iwakuni ........................
Fuel Pier .................
$33,200,000
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SEC. 2405. EXTENSION OF AUTHORITY TO CARRY OUT CER-
1
TAIN FISCAL YEAR 2022 PROJECTS.
2
(a) EXTENSION.—Notwithstanding section 2002 of
3
the Military Construction Authorization Act for Fiscal
4
Year 2022 (division B of Public Law 117–81; 135 Stat.
5
2161), the authorizations set forth in the table in sub-
6
section (b), as provided in sections 2401 and 2402 of that
7
Act (135 Stat. 2173, 2174), shall remain in effect until
8
October 1, 2026, or the date of the enactment of an Act
9
authorizing funds for military construction for fiscal year
10
2027, whichever is later.
11
(b) TABLE.—The table referred to in subsection (a)
12
is as follows:
13
Defense Agencies and ERCIP Projects: Extension of 2022
Project Authorizations
State
Installation or
Location
Project
Original Au-
thorized
Amount
Alabama .........
Fort Novosel ................
10 MW RICE Gen-
erator Plant and
Microgrid Con-
trols .....................
$24,000,000
Georgia ...........
Fort Benning ...............
4.8 MW Generation
and Microgrid ......
$17,593,000
........................
Fort Stewart ................
10 MW Generation
Plant, with
Microgrid Con-
trols .....................
$22,000,000
New York .......
Fort Drum ...................
Wellfield Field Ex-
pansion Project ...
$27,000,000
North Carolina
Fort Bragg ...................
Emergency Water
System .................
$7,705,000
Ohio ................
Springfield-Beckley Mu-
nicipal Airport ..........
Base-Wide Microgrid
With Natural Gas
Generator, Photo-
voltaic, and Bat-
tery ......................
$4,700,000
Tennessee .......
Memphis International
Airport .....................
PV Arrays and Bat-
tery Storage ........
$4,780,000
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SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT CER-
1
TAIN FISCAL YEAR 2023 PROJECTS.
2
(a) EXTENSION.—Notwithstanding section 2002 of
3
the Military Construction Authorization Act for Fiscal
4
Year 2023 (division B of Public Law 117–263; 136 Stat.
5
2970), the authorizations set forth in the table in sub-
6
section (b), as provided in sections 2401(a) and 2402(a)
7
of that Act (136 Stat. 2982, 2983), shall remain in effect
8
until October 1, 2026, or the date of the enactment of
9
an Act authorizing funds for military construction for fis-
10
cal year 2027, whichever is later.
11
(b) TABLE.—The table referred to in subsection (a)
12
is as follows:
13
Defense Agencies and ERCIP Projects: Extension of 2023
Project Authorizations
State
Installation or
Location
Project
Original Au-
thorized
Amount
Alabama .........
Redstone Arsenal .........
1MSIC Advanced
Analysis Facility
Phase 2 (INC) ....
$151,000,000
California .......
Marine Corps Mountain
Warfare Training
Center ......................
Microgrid and
Backup Power .....
$25,560,000
Florida ...........
Naval Air Station Jack-
sonville .....................
Facility Energy Op-
erations Center
Renovation ..........
$2,400,000
Georgia ...........
Fort Stewart-Hunter
Army Airfield ...........
Power Generation
and Microgrid ......
$25,400,000
........................
Naval Submarine Base
Kings Bay ................
SCADA Moderniza-
tion ......................
$11,200,000
Hawaii ............
Joint Base Pearl Har-
bor-Hickam ..............
Primary Electrical
Distribution .........
$25,000,000
Kansas ...........
Fort Riley ....................
Power Generation
and Microgrid ......
$25,780,000
Texas ..............
Fort Cavazos ................
Power Generation
and Microgrid ......
$31,500,000
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Defense Agencies and ERCIP Projects: Extension of 2023
Project Authorizations—Continued
State
Installation or
Location
Project
Original Au-
thorized
Amount
........................
United States Army
Reserve Center, Con-
roe ............................
Power Generation
and Microgrid ......
$9,600,000
Virginia ..........
Dam Neck ....................
SOF Operations
Building Addition
$26,600,000
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT
1
CERTAIN FISCAL YEAR 2024 PROJECTS.
2
(a) REDSTONE ARSENAL, ALABAMA.—In the case of
3
the authorization contained in the table in section 2401
4
of the Military Construction Authorization Act for Fiscal
5
Year 2024 (division B of Public Law 118–31; 137 Stat.
6
726) for Redstone Arsenal, Alabama, for construction of
7
a ground test facility infrastructure project at that loca-
8
tion, the Missile Defense Agency may renovate additional
9
square footage and convert administrative space to classi-
10
fied space.
11
(b) LAKE CITY ARMY AMMUNITION PLANT, MIS-
12
SOURI.—
13
(1) MODIFICATIONS OF PROJECT AUTHORITY.—
14
In the case of the authorization contained in the
15
table in section 2402(a) of the Military Construction
16
Authorization Act for Fiscal Year 2024 (division B
17
of Public Law 118–31; 137 Stat. 727) for Lake City
18
Army Ammunition Plant, Missouri, for construction
19
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of a microgrid and backup power, the Secretary of
1
Defense may construct a microgrid and backup
2
power, including the installation of liquid propane
3
gas tanks and associated piping, foundations,
4
pumps, saddles, propane vaporizers, and controls.
5
(2) MODIFICATION OF PROJECT AMOUNTS.—
6
(A) PROJECT
AUTHORIZATION.—The au-
7
thorization table in section 2402(a) of the Mili-
8
tary Construction Authorization Act for Fiscal
9
Year 2024 (division B of Public Law 118–31;
10
137 Stat. 727) is amended in the item relating
11
to Lake City Army Ammunition Plant, Mis-
12
souri, by striking ‘‘$80,100,000’’ and inserting
13
‘‘$86,500,000’’.
14
(B)
FUNDING
AUTHORIZATION.—The
15
funding table in section 4601 of the National
16
Defense Authorization Act for Fiscal Year 2024
17
(Public Law 118–31; 137 Stat. 911) is amend-
18
ed in the items relating to Lake City Army Am-
19
munition
Plant,
Missouri,
by
striking
20
‘‘$80,100’’ and inserting ‘‘$86,500’’.
21
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT
22
CERTAIN FISCAL YEAR 2025 PROJECTS.
23
(a) JOINT BASE ANDREWS, MARYLAND.—In the case
24
of the authorization contained in the table in section
25
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2402(a) of the Military Construction Authorization Act
1
for Fiscal Year 2025 (division B of Public Law 118–159;
2
138 Stat. 2229) for Joint Base Andrews, Maryland, for
3
construction of a microgrid with electric vehicle charging
4
infrastructure, the Secretary of the Air Force may con-
5
struct a new power generation and microgrid facility,
6
which
shall
be
entitled
‘‘Power
Generation
and
7
Microgrid’’.
8
(b) JOINT BASE MCGUIRE-DIX-LAKEHURST, NEW
9
JERSEY.—In the case of the authorization contained in
10
the table in section 2402(a) of the Military Construction
11
Authorization Act for Fiscal Year 2025 (division B of
12
Public Law 118–159; 138 Stat. 2229) for Joint Base
13
McGuire-Dix-Lakehurst, New Jersey, for construction of
14
a microgrid with electric vehicle charging infrastructure,
15
the Secretary of the Air Force may construct a new power
16
generation and microgrid facility, which shall be entitled
17
‘‘Power Generation and Microgrid’’.
18
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TITLE XXV—INTERNATIONAL
1
PROGRAMS
2
Subtitle A—North Atlantic Treaty
3
Organization
Security
Invest-
4
ment Program
5
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
6
ACQUISITION PROJECTS.
7
The Secretary of Defense may make contributions for
8
the North Atlantic Treaty Organization Security Invest-
9
ment Program as provided in section 2806 of title 10,
10
United States Code, in an amount not to exceed the sum
11
of the amount authorized to be appropriated for this pur-
12
pose in section 2502 and the amount collected from the
13
North Atlantic Treaty Organization as a result of con-
14
struction previously financed by the United States.
15
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
16
Funds are hereby authorized to be appropriated for
17
fiscal years beginning after September 30, 2025, for con-
18
tributions by the Secretary of Defense under section 2806
19
of title 10, United States Code, for the share of the United
20
States of the cost of projects for the North Atlantic Treaty
21
Organization Security Investment Program authorized by
22
section 2501, and in the amounts, set forth in the fol-
23
lowing table:
24
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North Atlantic Treaty Organization Security Investment
Program
Location
Installation or Location
Amount
Worldwide Unspec-
ified ......................
NATO Security Investment Program ..........
$531,832,000
Subtitle B—Host Country In-kind
1
Contributions
2
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION
3
PROJECTS.
4
Pursuant to agreement with the Republic of Korea
5
for required in-kind contributions, the Secretary of De-
6
fense may accept military construction projects for the in-
7
stallations or locations in the Republic of Korea, and in
8
the amounts, set forth in the following table:
9
Republic of Korea Funded Construction Projects
Component
Installation or
Location
Project
Amount
Army ..............
Camp Humphreys
Access Control Point .........
$24,000,000
Army ..............
Camp Humphreys
Runway .............................
$180,000,000
Navy ...............
Pohang AB .........
Replace Concrete Apron ....
$22,000,000
Navy ...............
Yecheon Air Base
Replace Magazine Muni-
tions Supply Area.
$59,000,000
Air Force ........
Gimhae Air Base
Repair Contingency Hos-
pital.
$86,000,000
Air Force ........
Gwangju Air
Base.
Hydrant Fuel System .......
$57,000,000
Air Force ........
Osan AB .............
Aircraft Corrosion Control
Facility Part 3.
$25,000,000
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION
10
PROJECTS.
11
Pursuant to agreement with the Republic of Poland
12
for required in-kind contributions, the Secretary of De-
13
fense may accept military construction projects for the in-
14
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stallations or locations in the Republic of Poland, and in
1
the amounts, set forth in the following table:
2
Republic of Poland Funded Construction Projects
Component
Installation or
Location
Project
Amount
Army ..............
Drawsko
Pomorskie
Training Area
(DPTA).
Information Systems Facil-
ity.
$6,200,000
Army ..............
Powdiz ................
Barracks & Dining Facility
Phase 2.
$199,000,000
Army ..............
Powdiz ................
Rotary Wing Aircraft
Maintenance Hangar.
$91,000,000
Air Force ........
Lask AB .............
Communication Infrastruc-
ture.
$18,000,000
Air Force ........
Wroclaw AB .......
Combined Aerial Port Fa-
cilities.
$111,000,000
Air Force ........
Wroclaw AB .......
Contingency Beddown
Area.
$13,000,000
Air Force ........
Wroclaw AB .......
Hot Cargo Pad / Munition
Handling / Holding Area.
$44,000,000
Air Force ........
Wroclaw AB .......
Railhead and Rail Exten-
sion.
$22,000,000
TITLE XXVI—GUARD AND
3
RESERVE FORCES FACILITIES
4
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON-
5
STRUCTION
AND
LAND
ACQUISITION
6
PROJECTS.
7
Using amounts appropriated pursuant to the author-
8
ization of appropriations in section 2606 and available for
9
the National Guard and Reserve as specified in the fund-
10
ing table in section 4601, the Secretary of the Army may
11
acquire real property and carry out military construction
12
projects for the Army National Guard locations inside the
13
United States, and in the amounts, set forth in the fol-
14
lowing table:
15
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Army National Guard: Inside the United States
State
Location
Amount
Guam .......................
Joint Forces Headquarters - Guam .............
$55,000,000
Indiana ....................
Shelbyville Armory .......................................
$55,000,000
Iowa .........................
Waterloo Armory ..........................................
$13,800,000
New Hampshire .......
Plymouth Training Center ...........................
$26,000,000
New York .................
Albany ..........................................................
$90,000,000
North Carolina ........
Salisbury Training Center ...........................
$69,000,000
Oregon .....................
Naval Weapons Systems Training Facility
Base.
$16,000,000
South Dakota ..........
Watertown Training Center .........................
$28,000,000
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION
1
AND LAND ACQUISITION PROJECTS.
2
Using amounts appropriated pursuant to the author-
3
ization of appropriations in section 2606 and available for
4
the National Guard and Reserve as specified in the fund-
5
ing table in section 4601, the Secretary of the Army may
6
acquire real property and carry out military construction
7
projects for the Army Reserve location inside the United
8
States, and in the amount, set forth in the following table:
9
Army Reserve: Inside the United States
State
Location
Amount
Alabama ...................
Maxwell Gunter ............................................
$28,000,000
Alaska ......................
Joint Base Elmendorf-Richardson ...............
$46,000,000
Illinois ......................
Fort Sheridan ..............................................
$36,000,000
Pennsylvania ............
New Castle Army Reserve Center ................
$30,000,000
Texas .......................
Conroe Army Reserve Center .......................
$12,000,000
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE
10
CORPS RESERVE CONSTRUCTION AND LAND
11
ACQUISITION PROJECTS.
12
Using amounts appropriated pursuant to the author-
13
ization of appropriations in section 2606 and available for
14
the National Guard and Reserve as specified in the fund-
15
ing table in section 4601, the Secretary of the Navy may
16
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acquire real property and carry out military construction
1
projects for the Navy Reserve and Marine Corps Reserve
2
location inside the United States, and in the amount, set
3
forth in the following table:
4
Navy Reserve and Marine Corps Reserve: Inside the United
States
State
Location
Amount
Texas .......................
Naval Air Station Reserve Base Fort Worth
$106,870,000
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC-
5
TION AND LAND ACQUISITION PROJECTS.
6
Using amounts appropriated pursuant to the author-
7
ization of appropriations in section 2606 and available for
8
the National Guard and Reserve as specified in the fund-
9
ing table in section 4601, the Secretary of the Air Force
10
may acquire real property and carry out military construc-
11
tion projects for the Air National Guard locations inside
12
the United States, and in the amounts, set forth in the
13
following table:
14
Air National Guard: Inside the United States
State
Location
Amount
Alaska ......................
Eielson Air Force Base ................................
$16,000,000
Joint Base Elmendorf–Richardson ..............
$46,000,000
Georgia ....................
Savannah/Hilton Head International Air-
port.
$38,400,000
Iowa .........................
Sioux Gateway Airport .................................
$148,000,000
Massachusetts ..........
Otis Air National Guard Base .....................
$31,000,000
Mississippi ...............
Key Field Air National Guard Base ............
$19,000,000
New Hampshire .......
Pease Air National Guard Base ..................
$16,000,000
New Jersey ..............
Atlantic City International Airport ..............
$68,000,000
Oregon .....................
Klamath Falls Airport .................................
$80,000,000
Portland International Airport ....................
$16,500,000
Utah .........................
Salt Lake City International Airport ...........
$145,000,000
Wisconsin .................
Volk Air National Guard Base ....................
$8,400,000
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SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC-
1
TION AND LAND ACQUISITION PROJECTS.
2
Using amounts appropriated pursuant to the author-
3
ization of appropriations in section 2606 and available for
4
the National Guard and Reserve as specified in the fund-
5
ing table in section 4601, the Secretary of the Air Force
6
may acquire real property and carry out military construc-
7
tion projects for the Air Force Reserve location inside the
8
United States, and in the amount, set forth in the fol-
9
lowing table:
10
Air Force Reserve: Inside the United States
State
Location
Amount
New York .................
Niagara Falls Air Reserve Station ..............
$54,000,000
South Carlina ..........
Joint Base Charleston Air Reserve Base .....
$33,000,000
Texas .......................
Joint Base San Antonio-Lackland ...............
$18,000,000
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA-
11
TIONAL GUARD AND RESERVE.
12
Funds are hereby authorized to be appropriated for
13
fiscal years beginning after September 30, 2025, for mili-
14
tary
construction,
land
acquisition,
and
facilities
15
sustainment for the Guard and Reserve Forces, and for
16
contributions therefor, under chapter 1803 of title 10,
17
United States Code, as specified in the funding table in
18
section 4601.
19
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SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT CER-
1
TAIN FISCAL YEAR 2023 PROJECTS.
2
(a) EXTENSION.—Notwithstanding section 2002 of
3
the Military Construction Authorization Act for Fiscal
4
Year 2023 (division B of Public Law 117–263; 136 Stat.
5
2970), the authorizations set forth in the table in sub-
6
section (b), as provided in sections 2601, 2602, 2603 and
7
2604 of that Act (136 Stat. 2986, 2987), shall remain
8
in effect until October 1, 2026, or the date of the enact-
9
ment of an Act authorizing funds for military construction
10
for fiscal year 2027, whichever is later.
11
(b) TABLE.—The table referred to in subsection (a)
12
is as follows:
13
National Guard and Reserve: Extension of 2023 Project
Authorizations
State
Installation or
Location
Project
Amount
Alaska ............
Joint Base El-
mendorf-Rich-
ardson .............
Aircraft Maintenance
Hangar ..........................
$63,000,000
Arizona ...........
Morris Air Na-
tional Guard
Base ................
Base Entry Complex .........
$12,000,000
Tucson Inter-
national Air-
port .................
Land Acquisition ...............
$11,700,000
Arkansas ........
Camp Robinson ..
Automated Multipurpose
Machine Gun Range ......
$9,500,000
Florida ...........
Gainesville ...........
National Guard Readiness
Center ............................
$21,000,000
Perrine ................
Army Reserve Center/
AMSA ............................
$46,000,000
Hawaii ............
Marine Corps
Base Kaneohe
Bay .................
C–40 Aircraft Maintenance
Hangar ..........................
$116,964,000
Indiana ...........
Fort Wayne
International
Airport ............
Munitions Maintenance &
Storage Complex ...........
$16,500,000
Ohio ................
Rickenbacker Air
National Guard
Base ................
Small Arms Range ............
$8,000,000
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National Guard and Reserve: Extension of 2023 Project
Authorizations—Continued
State
Installation or
Location
Project
Amount
Puerto Rico ....
Camp Santiago
Joint Maneuver
Training Cen-
ter ...................
Engineering/Housing
Maintenance Shops
(DPW) ...........................
$14,500,000
West Virginia
McLaughlin Air
National Guard
Base ................
C–130J Apron Expansion
$10,000,000
SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT
1
FISCAL YEAR 2023 PROJECT AT TUCSON
2
INTERNATIONAL AIRPORT, ARIZONA.
3
In the case of the authorization contained in the table
4
in section 2604 of the Military Construction Authorization
5
Act for Fiscal Year 2023 (division B of Public Law 117–
6
263; 136 Stat. 2987) for Tucson International Airport,
7
Arizona, the Secretary of the Air Force may acquire 10
8
acres of land.
9
TITLE
XXVII—BASE
REALIGN-
10
MENT AND CLOSURE ACTIVI-
11
TIES
12
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR
13
BASE REALIGNMENT AND CLOSURE ACTIVI-
14
TIES FUNDED THROUGH DEPARTMENT OF
15
DEFENSE BASE CLOSURE ACCOUNT.
16
Funds are hereby authorized to be appropriated for
17
fiscal years beginning after September 30, 2025, for base
18
realignment and closure activities, including real property
19
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acquisition and military construction projects, as author-
1
ized by the Defense Base Closure and Realignment Act
2
of 1990 (part A of title XXIX of Public Law 101–510;
3
10 U.S.C. 2687 note) and funded through the Department
4
of Defense Base Closure Account established by section
5
2906 of such Act, as specified in the funding table in sec-
6
tion 4601.
7
TITLE
XXVIII—MILITARY
CON-
8
STRUCTION GENERAL PROVI-
9
SIONS
10
Subtitle A—Military Construction
11
Program
12
SEC. 2801. REQUIREMENT FOR THE MILITARY DEPART-
13
MENTS TO DEVELOP AND ANNUALLY UPDATE
14
A 20-YEAR INFRASTRUCTURE IMPROVEMENT
15
PLAN.
16
(a) SUBMISSION.—Commencing as part of the annual
17
budget submission of the President under section 1105(a)
18
of title 31, United States Code, for fiscal year 2027, and
19
every five years thereafter, each Secretary of a military
20
department shall include with the defense budget mate-
21
rials for that fiscal year each of the following:
22
(1) A summary of the major lines of effort,
23
milestones, and specific goals of the Secretary con-
24
cerned during the next 20 fiscal years relating to the
25
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improvement of infrastructure and facilities under
1
the jurisdiction of that Secretary, including a de-
2
tailed plan describing the objectives of that Sec-
3
retary to manage and improve such infrastructure
4
and facilities during that period, including utility
5
systems (electric, water and wastewater systems, en-
6
ergy distribution systems, transportation, and com-
7
munication networks) and all physical structures of
8
a base or installation.
9
(2) A certification by that Secretary that both
10
the budget for that fiscal year and the future-years
11
defense program submitted to Congress in relation
12
to such budget under section 221 of title 10, United
13
States Code, provide for funding of planning, design,
14
and construction at a level that is sufficient to meet
15
the requirements specified in the plan under para-
16
graph (1) on the schedule provided in that plan.
17
(3) An unaltered assessment by the service
18
chief of the military department concerned with re-
19
spect to the summary and plan under paragraph (1)
20
and the certification under paragraph (2).
21
(b) ELEMENTS.—Each plan submitted by a Secretary
22
of a military department under subsection (a)(1) shall in-
23
clude the following:
24
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(1) With respect to the 20-year period covered
1
by the plan, an identification of the major lines of
2
effort, milestones, and specific goals of the Secretary
3
over such period relating to the improvement of in-
4
frastructure and facilities under the jurisdiction of
5
that Secretary.
6
(2) The estimated costs of necessary infrastruc-
7
ture and facility improvements and a description of
8
how such costs would be addressed by the budget re-
9
quest of the Department of Defense and the future-
10
years defense program submitted for such year.
11
(3) An assessment of how the military depart-
12
ment is accurately accounting for the costs of sus-
13
taining facilities and addressing the identified nec-
14
essary improvements of infrastructure and facilities
15
as outlined in the plan.
16
(c) INCORPORATION OF RESULTS-ORIENTED MAN-
17
AGEMENT
PRACTICES.—Each plan under subsection
18
(a)(1) shall incorporate the leading results-oriented man-
19
agement practices, including—
20
(1) analytically based goals;
21
(2) results-oriented metrics;
22
(3) the identification of required resources,
23
risks, and stakeholders; and
24
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(4) regular reporting on progress to decision
1
makers.
2
SEC. 2802. INCREASE OF MAXIMUM AMOUNT FOR RESTORA-
3
TION OR REPLACEMENT OF DAMAGED OR DE-
4
STROYED FACILITIES.
5
Section 2854(c)(3) of title 10, United States Code,
6
is amended by striking ‘‘$100,000,000’’ and inserting
7
‘‘$150,000,000’’.
8
SEC. 2803. REAUTHORIZATION AND MODIFICATION OF SPE-
9
CIAL DESIGN-BUILD AUTHORITY FOR MILI-
10
TARY CONSTRUCTION PROJECTS.
11
Section 3241(f) of title 10, United States Code, is
12
amended—
13
(1) by striking paragraph (3) and inserting the
14
following new paragraph (3):
15
‘‘(3) Any contract awarded under this subsection
16
shall be considered to be a construction contract and shall
17
be subject to the same oversight mechanisms to which con-
18
struction contracts are subject under this title.’’; and
19
(2) in paragraph (4), by striking ‘‘2008’’ each
20
place it appears and inserting ‘‘2030’’.
21
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SEC. 2804. MODIFICATION OF PILOT PROGRAM ON IN-
1
CREASED USE OF SUSTAINABLE BUILDING
2
MATERIALS IN MILITARY CONSTRUCTION TO
3
INCLUDE
SUSTAINABLE
BUILDING
TECH-
4
NOLOGIES
IDENTIFIED
BY
THE
COMP-
5
TROLLER GENERAL OF THE UNITED STATES.
6
Section 2861 of the Military Construction Authoriza-
7
tion Act for Fiscal Year 2022 (division B of Public Law
8
118–81; 10 U.S.C. 2802 note) is amended—
9
(1) in subsection (b)(1), by striking ‘‘at least’’
10
and all that follows through the period at the end
11
and inserting ‘‘at least two military construction
12
projects’’;
13
(2) in subsection (d), by striking ‘‘September
14
30, 2025’’ and inserting ‘‘September 30, 2029’’;
15
(3) in subsection (e), by striking ‘‘January 1,
16
2025’’ and inserting ‘‘January 1, 2029’’;
17
(4) by redesignating subsections (f) and (g) as
18
subsections (g) and (h), respectively;
19
(5) by inserting after subsection (e) the fol-
20
lowing new subsection (f):
21
‘‘(f) USE OF CERTAIN TECHNOLOGIES.—In carrying
22
out each project under the pilot program commencing on
23
or after the date of the enactment of the National Defense
24
Authorization Act for Fiscal Year 2026, the Secretary
25
concerned shall use not fewer than three technologies iden-
26
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tified in the report published by the Comptroller General
1
of the United States on February 11, 2025, and entitled
2
‘Science & Tech Spotlight: Sustainable Building Tech-
3
nologies’ (GAO–25–107931).’’;
4
(6) in subsection (g)(1), as redesignated by
5
paragraph (4), by striking ‘‘December 31, 2025’’
6
and inserting ‘‘December 31, 2030’’; and
7
(7) in subsection (h), as so redesignated, in the
8
first sentence, by inserting before the period the fol-
9
lowing: ‘‘that is identified in the report published by
10
the Comptroller General of the United States on
11
February 11, 2025, and entitled ‘Science & Tech
12
Spotlight:
Sustainable
Building
Technologies’
13
(GAO–25–107931)’’.
14
SEC. 2805. IMPLEMENTATION OF COMPTROLLER GENERAL
15
RECOMMENDATIONS RELATING TO INFORMA-
16
TION SHARING TO IMPROVE OVERSIGHT OF
17
MILITARY CONSTRUCTION.
18
Not later than one year after the date of the enact-
19
ment of this Act, the Secretary of Defense shall—
20
(1) implement the recommendations of the
21
Comptroller General of the United States contained
22
in the report published by the Comptroller General
23
in September 2024 and titled ‘‘Military Construc-
24
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tion: Better Information Sharing Would Improve
1
DOD’s Oversight’’ (GAO–24–106499); or
2
(2) if the Secretary does not implement any
3
such recommendation, submit to the Committees on
4
Armed Services of the Senate and the House of Rep-
5
resentatives a report explaining why the Secretary
6
has not implemented those recommendations.
7
SEC. 2806. EXTENSION OF REQUIREMENT FOR CONTRACT
8
FOR OBLIGATION AND EXECUTION OF DE-
9
SIGN FUNDS FOR MILITARY CONSTRUCTION
10
PROJECTS.
11
Section 2811(a) of the Military Construction Author-
12
ization Act for Fiscal Year 2025 (division B of Public Law
13
118–159) is amended by striking ‘‘150 days’’ and insert-
14
ing ‘‘one year’’.
15
SEC. 2807. EXTENSION OF AUTHORIZATION OF DEPOT
16
WORKING CAPITAL FUNDS FOR UNSPECIFIED
17
MINOR MILITARY CONSTRUCTION.
18
Section 2208(u)(4) of title 10, United States Code,
19
is amended by striking ‘‘September 30, 2025’’ and insert-
20
ing ‘‘September 30, 2027’’.
21
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SEC. 2808. EXTENSION OF AUTHORITY FOR TEMPORARY EX-
1
PANDED LAND ACQUISITION FOR EQUINE
2
WELFARE.
3
(a) IN GENERAL.—Section 2804(c) of the Service-
4
member Quality of Life Improvement and National De-
5
fense Authorization Act for Fiscal Year 2025 (Public Law
6
118–159; 10 U.S.C. 2805 note) is amended by striking
7
‘‘February 1, 2026’’ and inserting ‘‘August 1, 2026’’.
8
(b) BRIEFING REQUIRED.—Not later than February
9
20, 2026, the Secretary of the Army shall provide to the
10
congressional defense committees a briefing on the use of
11
the authority under section 2804(c) of the Servicemember
12
Quality of Life Improvement and National Defense Au-
13
thorization Act for Fiscal Year 2025 (Public Law 118–
14
159; 10 U.S.C. 2805 note).
15
SEC. 2809. PROHIBITION ON DESIGNATION OF MILITARY
16
CONSTRUCTION PROJECTS AS PART OF MILI-
17
TARY INTELLIGENCE PROGRAM.
18
The Secretary of Defense shall not designate any
19
military construction project as being part of the military
20
intelligence program.
21
SEC. 2810. EXPANSION OF DEFENSE COMMUNITY INFRA-
22
STRUCTURE PROGRAM TO INCLUDE INSTAL-
23
LATIONS OF THE COAST GUARD.
24
Section 2391 of title 10, United States Code, is
25
amended—
26
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(1) in subsection (d)—
1
(A) in paragraph (1)(B), in the matter
2
preceding clause (i), by inserting ‘‘, and with
3
respect to Coast Guard-related projects, the
4
Secretary, with the concurrence of the Com-
5
mandant of the Coast Guard,’’ after ‘‘The Sec-
6
retary’’; and
7
(B) by adding at the end the following new
8
paragraph:
9
‘‘(5)(A) In considering grants, agreements, or other
10
funding under paragraph (1)(A) with respect to commu-
11
nity infrastructure supportive of a military installation of
12
the Coast Guard, the Secretary of Defense shall seek the
13
concurrence of the Commandant of the Coast Guard with
14
respect to assessing the selection and prioritization of the
15
project concerned.
16
‘‘(B) A grant made under this section shall be avail-
17
able to support any Coast Guard mission authorized under
18
section 888 of the Homeland Security Act of 2002 (6
19
U.S.C. 468).’’; and
20
(2) in subsection (e)(1), by adding at the end
21
the following new sentence: ‘‘For purposes of sub-
22
section (d), the term ‘military installation’ includes
23
an installation of the Coast Guard under the juris-
24
diction of the Department of Homeland Security.’’.
25
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Subtitle B—Military Housing
1
SEC. 2821. IMPROVEMENTS TO ANNUAL REPORTS OF DE-
2
PARTMENT OF DEFENSE ON WAIVERS OF PRI-
3
VACY AND CONFIGURATION STANDARDS FOR
4
COVERED MILITARY UNACCOMPANIED HOUS-
5
ING.
6
Subsection (b) of section 2856a of title 10, United
7
States Code, is amended—
8
(1) in paragraph (4), by striking ‘‘; and’’ and
9
inserting a semicolon;
10
(2) in paragraph (5)(C), by striking the period
11
at the end and inserting a semicolon; and
12
(3) by adding at the end the following new
13
paragraphs:
14
‘‘(6) an assessment of whether a need for fu-
15
ture waivers has been identified;
16
‘‘(7) a summary of the analysis performed by
17
each military department to identify covered military
18
unaccompanied housing that requires such waivers,
19
including a certification by the Secretary of each
20
military department that the list of waivers for that
21
military department is complete and identifies all
22
permanent party unaccompanied housing that does
23
not meet covered privacy and configuration stand-
24
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ards or standards of the Department for health and
1
safety;
2
‘‘(8) an action plan to bring covered military
3
unaccompanied housing that requires such waivers
4
into compliance with the standards of the Depart-
5
ment and a timeline for implementing the action
6
plan;
7
‘‘(9) information about costs associated with
8
the remediation options for covered military unac-
9
companied housing that requires such waivers, in-
10
cluding—
11
‘‘(A) funding needs for military construc-
12
tion projects;
13
‘‘(B) funding needs for projects as part of
14
facilities sustainment, restoration, and mod-
15
ernization; and
16
‘‘(C) any resulting increases in the need
17
for housing allowances for members of the
18
armed forces that would otherwise be living in
19
covered military unaccompanied housing; and
20
‘‘(10) a description of the status of the re-
21
sponse of the Department to open recommendations
22
contained in the 2023 report by the Comptroller
23
General of the United States entitled, ‘Military Bar-
24
racks: Poor Living Conditions Undermine Quality of
25
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Life and Readiness’ (GAO–23–105797), including
1
the status of each military department in issuing
2
service standards that meet covered privacy and con-
3
figuration standards and standards of the Depart-
4
ment for health and safety for covered military un-
5
accompanied housing.’’.
6
SEC. 2822. MODIFICATION OF HOUSING REQUIREMENTS
7
AND MARKET ANALYSIS TO ACCOUNT FOR
8
IMPACT OF CIVILIANS AND CONTRACTORS.
9
Section 2837(d) of title 10, United States Code, is
10
amended by inserting before the period the following: ‘‘,
11
including an accounting for impacts of civilians and con-
12
tractors’’.
13
SEC. 2823. AUTHORITY FOR UNACCOMPANIED HOUSING
14
PROJECT UNDER PILOT AUTHORITY FOR USE
15
OF OTHER TRANSACTIONS FOR INSTALLA-
16
TION OR FACILITY PROTOTYPING.
17
(a) IN GENERAL.—The Secretary of Defense may
18
conduct an unaccompanied housing project under section
19
4022(i) of title 10, United States Code, that is not subject
20
to the limits under paragraph (2) of such section.
21
(b) USE OF AUTHORITY.—The Secretary may use the
22
authority under subsection (a) for not more than one
23
project.
24
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(c) LOCATION.—The project conducted under sub-
1
section (a) shall be located at a joint base of the Depart-
2
ment of Defense for medical training.
3
(d) USE OF FUNDS.—The aggregate value of all
4
transactions entered into under the project conducted
5
under subsection (a) may not exceed $500,000,000.
6
SEC. 2824. ELIMINATION OF INDOOR RESIDENTIAL MOLD
7
IN HOUSING OF DEPARTMENT OF DEFENSE.
8
(a) STUDY AND REPORT ON HEALTH IMPACTS OF
9
INDOOR RESIDENTIAL MOLD.—
10
(1) STUDY.—
11
(A) IN GENERAL.—As soon as practicable
12
after the date of the enactment of this Act, the
13
Secretary of Defense, in consultation with the
14
Assistant Secretary of Defense for Health Af-
15
fairs, the Secretary of Housing and Urban De-
16
velopment, the Director of the Centers for Dis-
17
ease Control and Prevention, the Administrator
18
of the Environmental Protection Agency, and
19
the Secretary of Health and Human Services,
20
shall conduct a comprehensive study on the
21
health effects of indoor residential mold growth
22
in military unaccompanied housing or other
23
housing on military installations, using the
24
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most up-to-date scientific peer-reviewed medical
1
literature.
2
(B) ELEMENTS.—The study conducted
3
under subparagraph (A) shall ascertain—
4
(i) detailed information about harmful
5
or toxigenic mold that may impact the
6
military departments and individuals living
7
on military installations, as well as any
8
toxin or toxic compound such mold can
9
produce;
10
(ii) the most accurate research-based
11
methods of detecting harmful or toxigenic
12
mold;
13
(iii) improved understanding of the
14
different health symptomology that can re-
15
sult from exposure to mold in indoor resi-
16
dential environments on military installa-
17
tions, including military unaccompanied
18
housing;
19
(iv) the ability to conduct and the cost
20
of conducting ongoing surveillance of the
21
prevalence of idiopathic pulmonary hemor-
22
rhage in infants living on military installa-
23
tions; and
24
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(v) longitudinal studies on the effects
1
of indoor mold exposure in early childhood
2
on the development of asthma and other
3
respiratory illnesses of children living on
4
military installations.
5
(2) REPORTS REQUIRED.—
6
(A) INTERIM
FINDINGS.—Not later than
7
one year after the date of the enactment of this
8
Act, the Secretary of Defense shall submit to
9
the congressional defense committees a report
10
that contains the interim findings of the study
11
conducted under paragraph (1).
12
(B) FINAL REPORT.—Not later than two
13
years after the date of the enactment of this
14
Act, the Secretary of Defense shall submit to
15
the congressional defense committees a final re-
16
port detailing the results of the study conducted
17
under paragraph (1).
18
(b) IMPLEMENTATION ACTIONS.—The Secretary of
19
Defense shall implement mitigation measures at military
20
installations found to have hazardous mold conditions fol-
21
lowing the submission of the interim findings under sub-
22
section (a)(2)(A).
23
(c) CONSTRUCTION REQUIREMENTS FOR NEW HOUS-
24
ING ON MILITARY INSTALLATIONS.—
25
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(1) IN GENERAL.—The Secretary of Defense, in
1
consultation with the Secretary of Housing and
2
Urban Development, may develop model construction
3
standards and techniques for preventing and control-
4
ling indoor residential mold in new residential prop-
5
erties on a military installation if existing facilities
6
at the military installation are found to be inappro-
7
priately constructed for the environment.
8
(2) CONTENTS.—The model standards and
9
techniques developed under paragraph (1) shall pro-
10
vide for geographic differences in construction types
11
and materials, geology, weather, and other variables
12
that may affect indoor residential mold levels in new
13
buildings and on various military installations.
14
(3) CONSULTATION.—To the maximum extent
15
possible, model standards and techniques shall be
16
developed under paragraph (1) with the assistance
17
of organizations involved in establishing national
18
building construction standards and techniques.
19
(4) APPLICABILITY
TO
NEW
CONSTRUCTION
20
AND REHABILITATION.—If the Secretary of Defense
21
develops model construction standards and tech-
22
niques under paragraph (1), not later than one year
23
after deciding to develop such standards and tech-
24
niques, the Secretary shall include such model stand-
25
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ards and techniques as a requirement for residential
1
rehabilitation or new construction projects conducted
2
by the Department of Defense with amounts appro-
3
priated to the Department.
4
(d) EDUCATION FOR MILITARY HEALTH PROFES-
5
SIONALS.—The Secretary of Defense shall include edu-
6
cation for military health professions on mold-related ill-
7
ness, including signs and symptoms of toxigenic mold ex-
8
posure, in recurring training received by miliary health
9
practitioners at such time and in such manner as the Sec-
10
retary chooses.
11
(e) DEFINITIONS.—In this section:
12
(1) INDOOR
RESIDENTIAL
MOLD.—The term
13
‘‘indoor residential mold’’ means any form of multi-
14
cellular fungi found in water-damaged indoor envi-
15
ronments
and
building
materials,
including
16
cladosporium, penicillium, alternaria, aspergillus, fu-
17
sarium,
trichoderma,
memnoniella,
mucor,
18
stachybotrys
chartarum,
streptomyces,
and
19
epicoccumoften.
20
(2) MILITARY INSTALLATION.—The term ‘‘mili-
21
tary installation’’ has the meaning given that term
22
in section 2801(c) of title 10, United States Code.
23
(3) MILITARY UNACCOMPANIED HOUSING.—The
24
term ‘‘military unaccompanied housing’’ has the
25
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meaning given that term in section 2871 of title 10,
1
United States Code.
2
(4) TOXIGENIC
MOLD.—The term ‘‘toxigenic
3
mold’’ means any indoor mold growth that may be
4
capable of producing a toxin or toxic compound, in-
5
cluding mycotoxins and microbial volatile organic
6
compounds, that can cause pulmonary, respiratory,
7
neurological, gastrointestinal, or dermatological ill-
8
nesses, or other major adverse health impacts, as de-
9
termined by the Secretary of Defense in consultation
10
with the Director of the National Institutes of
11
Health, the Secretary of Housing and Urban Devel-
12
opment, the Administrator of the Environmental
13
Protection Agency, and the Director of the Centers
14
for Disease Control and Prevention.
15
SEC. 2825. REQUIREMENT FOR DISCLOSURE OF INFORMA-
16
TION RELATING TO LIABILITY INSURANCE
17
AND DISPUTE RESOLUTIONS RELATING TO
18
PRIVATIZED MILITARY HOUSING.
19
Section 2891c(a)(2) of title 10, United States Code,
20
is amended by adding at the end the following new sub-
21
paragraphs:
22
‘‘(G) The level of liability insurance coverage
23
maintained by the landlord for all such housing
24
units.
25
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‘‘(H) The amount of any payments made to
1
tenants by landlords relating to dispute resolu-
2
tions.’’.
3
SEC. 2826. TREATMENT OF NONDISCLOSURE AGREEMENTS
4
WITH RESPECT TO PRIVATIZED MILITARY
5
HOUSING.
6
Section 2890(f) of title 10, United States Code, is
7
amended—
8
(1) in paragraph (1)—
9
(A) by striking ‘‘(1) A tenant or prospec-
10
tive tenant of a housing unit may not be re-
11
quired to sign’’ and inserting ‘‘A landlord may
12
not request that a tenant, former tenant, or
13
prospective tenant of a housing unit sign’’; and
14
(B) in the first sentence, by inserting ‘‘or
15
in connection with the provision of services re-
16
lated to the housing unit’’ before the period;
17
and
18
(2) by striking paragraphs (2) and (3).
19
Subtitle C—Land Conveyances
20
SEC. 2831. AUTHORIZATION TO ACQUIRE THROUGH EX-
21
CHANGE OR LEASE CERTAIN LAND USED BY
22
THE ARMED FORCES IN HAWAII.
23
(a) ACQUISITION THROUGH EXCHANGE.—
24
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(1) EXCHANGE
AUTHORIZED.—The Secretary
1
of each military department may acquire through ex-
2
change, upon such terms and conditions as the Sec-
3
retary concerned determines appropriate, all right,
4
title, and interest in any land, or any portion there-
5
of, that is, as of the date of the enactment of this
6
Act—
7
(A) leased by the military department con-
8
cerned from the State of Hawaii; or
9
(B) owned by the State of Hawaii and sub-
10
ject to an easement benefitting the military de-
11
partment concerned.
12
(2) LAND
FOR
EXCHANGE.—To acquire land
13
under paragraph (1), the Secretary concerned
14
may—
15
(A) exchange right, title, and interest in
16
land under the jurisdiction and control of the
17
Secretary concerned, or under the jurisdiction
18
and control of the Secretary of another military
19
department with the consent of the Secretary
20
concerned, located in the State of Hawaii; and
21
(B) convey such land and interests therein
22
necessary to effect such an exchange.
23
(3) DESCRIPTION
OF
PROPERTY.—The exact
24
acreage and legal description of any land or interests
25
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in land to be exchanged under paragraph (1) shall
1
be determined by a survey satisfactory to the Sec-
2
retary concerned.
3
(4) STATUS OF LAND.—Land acquired through
4
exchange by the Secretary concerned under para-
5
graph (1) shall be administered by the Secretary
6
concerned.
7
(5) EXCHANGE OF LAND IN EXCESS OR BELOW
8
EQUAL VALUE.—
9
(A) EXCHANGES
IN
EXCESS
OF
EQUAL
10
VALUE.—Notwithstanding section 2869 of title
11
10, United States Code, the fair market value
12
of the land conveyed by the Secretary concerned
13
under paragraph (2) may exceed the fair mar-
14
ket value of the land acquired by the Secretary
15
concerned under paragraph (1) if the Secretary
16
concerned determines that it is in the public in-
17
terest.
18
(B) EXCHANGES BELOW EQUAL VALUE.—
19
(i) IN
GENERAL.—Subject to clause
20
(ii), if the fair market value of the land
21
and interests in land to be acquired under
22
paragraph (1), as determined by the Sec-
23
retary concerned, is greater than fair mar-
24
ket value of the land and interests in land
25
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to be conveyed under paragraph (2), the
1
Secretary concerned may use funds made
2
available to the Secretary concerned on or
3
after the date of the enactment of this Act
4
for military construction to provide pay-
5
ment or in-kind consideration to the State
6
of Hawaii in the amount of the difference
7
in value.
8
(ii) LIMITATION ON PAYMENT.—The
9
amount of any payment or in-kind consid-
10
eration provided under clause (i) may not
11
exceed $2,500,000.
12
(iii) IN-KIND
CONSIDERATION.—In-
13
kind consideration provided under clause
14
(i) may include services or provision of real
15
property of the United States.
16
(b) LEASE.—
17
(1) LEASE AUTHORIZED.—If the Secretary con-
18
cerned determines that exchange under subsection
19
(a) is not appropriate or in the best interests of the
20
military department concerned, the Secretary con-
21
cerned may lease, upon such terms and conditions as
22
the Secretary concerned determines appropriate, any
23
land, or any portion thereof, that is, as of the date
24
of the enactment of this Act—
25
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(A) leased by the military department con-
1
cerned from the State of Hawaii; or
2
(B) owned by the State of Hawaii and sub-
3
ject to an easement benefitting the military de-
4
partment concerned.
5
(2) DURATION OF LEASE.—A lease entered into
6
under paragraph (1) may provide for a lease term
7
of not more than 25 years, with options that extend
8
the term to a total period of not more than 50 years.
9
(3) CONSIDERATION UNDER LEASE.—
10
(A) PAYMENT IN EXCESS OF FAIR MARKET
11
RENTAL VALUE.—The Secretary concerned may
12
make rental payments under a lease entered
13
into under paragraph (1) that exceed fair mar-
14
ket value of the land to be leased, as deter-
15
mined by the Secretary concerned, if the Sec-
16
retary concerned determines that such pay-
17
ments are in the public interest.
18
(B) ADVANCE
PAYMENT
OF
RENT.—A
19
lease entered into under paragraph (1) may au-
20
thorize the payment of rent in advance.
21
(C) FORM OF PAYMENT.—
22
(i) IN GENERAL.—The Secretary con-
23
cerned may provide for payment or in-kind
24
consideration to the State of Hawaii as
25
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consideration for a lease entered into
1
under paragraph (1).
2
(ii)
IN-KIND
CONSIDERATION.—In-
3
kind consideration provided under clause
4
(i) may include services or provision of real
5
property of the United States.
6
(4) SOURCE OF FUNDS FOR COSTS FOR EARLY
7
TERMINATION.—The costs associated with the early
8
termination of a lease entered into under paragraph
9
(1) may be paid from—
10
(A) authorizations available at the time the
11
lease was executed;
12
(B) authorizations available at the time the
13
United States terminates the lease; or
14
(C) any combination thereof.
15
(c)
EXEMPTION
FROM
SCREENING
REQUIRE-
16
MENTS.—The authority to convey land and interests
17
therein under this section is exempt from any screening
18
process required under section 2696(b) of title 10, United
19
States Code.
20
(d) SUNSET.—The authority to enter into any agree-
21
ment for lease or acquisition through exchange under this
22
section, except for lease extensions, shall expire on Decem-
23
ber 31, 2031.
24
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SEC. 2832. REPORT ON LAND WITHDRAWALS.
1
(a) IN GENERAL.—Not later than 180 days after the
2
date of the enactment of this Act, the Secretary of the
3
Army shall submit to the Committees on Armed Services
4
of the Senate and the House of Representatives a report
5
on the land withdrawals at Fort Greely and Fort Wain-
6
wright Training Ranges, Alaska, and McGregor Range,
7
Fort Bliss, New Mexico, under subsections (c) and (d) of
8
section 3011 of the Military Lands Withdrawal Act of
9
1999 (title XXX of Public Law 106–65; 113 Stat. 889).
10
(b) ELEMENTS REQUIRED.—The report required by
11
subsection (a) shall include—
12
(1) a description of the operational and training
13
impacts should the land withdrawals described in
14
subsection (a) not be renewed; and
15
(2) any requested changes to those land with-
16
drawals that would require an Act of Congress.
17
Subtitle D—Other Matters
18
SEC. 2841. MODIFICATIONS TO DEFENSE COMMUNITY IN-
19
FRASTRUCTURE PROGRAM.
20
(a) MODIFICATION
TO CATEGORIES
FOR ASSIST-
21
ANCE.—Section 2391(d)(1)(B) of title 10, United States
22
Code, is amended—
23
(1) in the matter preceding clause (i), by strik-
24
ing ‘‘, including selection’’ and all that follows
25
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through ‘‘of priority’’ and inserting ‘‘for each of the
1
following categories’’;
2
(2) in clause (i), by striking ‘‘military value’’
3
and all that follows through the period and inserting
4
‘‘the readiness of a military department or mission
5
assurance at a military installation.’’; and
6
(3) by redesignating clauses (ii) and (iv) as
7
clauses (iv) and (ii), respectively, and—
8
(A) by moving clause (ii), as so redesig-
9
nated, after clause (i); and
10
(B) by moving clause (iv), as so redesig-
11
nated, after clause (iii).
12
(b) TEMPORARY PRIORITY
AND ALLOCATION
OF
13
FUNDS UNDER PROGRAM.—During the two-year period
14
beginning on the date of the enactment of this Act, the
15
Secretary of Defense shall—
16
(1) give priority under the Defense Community
17
Infrastructure Program under section 2391(d) of
18
title 10, United States Code, to projects under sub-
19
paragraph (B)(ii) of such section (as amended by
20
subsection (a)), for which an application has been
21
previously made for assistance under that program;
22
and
23
(2) allocate not less than two-thirds of the
24
amounts appropriated or otherwise made available
25
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for such program equally among projects under sub-
1
paragraphs (B)(i) and (B)(ii) of such program (as
2
amended by subsection (a)).
3
SEC. 2842. DESIGNATION OF RONALD REAGAN SPACE AND
4
MISSILE TEST RANGE AT KWAJALEIN ATOLL
5
IN THE MARSHALL ISLANDS.
6
(a) DESIGNATION.—The Ronald Reagan Ballistic
7
Missile Defense Test Site located at Kwajalein Atoll in the
8
Marshall Islands shall after the date of the enactment of
9
this Act be known and designated as the ‘‘Ronald Reagan
10
Space and Missile Test Range’’.
11
(b) REFERENCES.—Any reference in any law, regula-
12
tion, map, document, paper, or other record of the United
13
States to the site specified in subsection (a) shall be con-
14
sidered to be a reference to the Ronald Reagan Space and
15
Missile Test Range.
16
(c) CONFORMING REPEAL.—Section 2887 of the
17
Military Construction Authorization Act for Fiscal Year
18
2001 (division B of Public Law 106–398; 114 Stat.
19
1654A–440) is repealed.
20
SEC. 2843. JOINT BASE FACILITY MANAGEMENT OF DE-
21
PARTMENT OF DEFENSE.
22
(a) WORKFORCE REASSESSMENT FOR JOINT BASE
23
FACILITY MANAGEMENT.—
24
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(1) IN
GENERAL.—Not later than 120 days
1
after the date of the enactment of this Act, the Sec-
2
retary of Defense shall submit to the Committees on
3
Armed Services of the Senate and the House of Rep-
4
resentatives a report containing a reassessment by
5
the Secretary of each military department regarding
6
the joint base facility management workforce of the
7
Department of Defense.
8
(2) ELEMENTS.—Each reassessment required
9
under paragraph (1) shall include—
10
(A) an assessment of the workload require-
11
ments of facility management offices with re-
12
spect to the work required to maintain the fa-
13
cilities of jointly used installations in good
14
working order;
15
(B) an assessment of the workforce levels
16
needed to complete the workload identified
17
under subparagraph (A);
18
(C) information on workforce gaps, if any,
19
that exist between current facility management
20
workforce levels and the workforce levels identi-
21
fied in subparagraph (B) and the reasons for
22
the workforce gaps; and
23
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(D) a strategy on how to address work-
1
force gaps, including periodic reassessment of
2
workforce levels and funding needs.
3
(b) CONSOLIDATED JOINT BASE INSTRUCTION.—Not
4
later than 120 days after the date of the enactment of
5
this Act, the Secretary of Defense shall submit to the
6
Committees on Armed Services of the Senate and the
7
House of Representatives a report on the status of and
8
reason for any delay in producing a draft Department of
9
Defense instruction to establish policies for the manage-
10
ment of jointly used military installations.
11
(c) BRIEFING ON JOINT BASE FUNDING TO SUP-
12
PORTED COMPONENTS.—Not later than 120 days after
13
the date of the enactment of this Act, the Secretary of
14
Defense shall provide to the Committees on Armed Serv-
15
ices of the Senate and the House of Representatives a
16
briefing on identifying the funding allocations among sup-
17
ported and supporting components for maintenance of fa-
18
cilities of jointly used military installations, and an assess-
19
ment of any risk to mission readiness resulting from those
20
funding levels.
21
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SEC. 2844. LIMITATION ON USE OF AMOUNTS FOR TRAVEL
1
BASED ON COMPLIANCE WITH REQUIRE-
2
MENTS RELATED TO MINIMUM CAPITAL IN-
3
VESTMENT.
4
The Secretary and each service chief of a military de-
5
partment (including the Commandant of the Marine Corps
6
with respect to the Department of the Navy and the Chief
7
of Space Operations with respect to the Department of
8
the Air Force) may not use amounts appropriated to the
9
Department of Defense for travel outside the continental
10
United States if the Secretary of Defense determines that
11
the military department is not in compliance with the re-
12
quirements under section 2680 of title 10, United States
13
Code.
14
SEC. 2845. EXTENSION OF PROHIBITION ON JOINT USE OF
15
HOMESTEAD AIR RESERVE BASE WITH CIVIL
16
AVIATION.
17
Section 2874 of the Military Construction Authoriza-
18
tion Act for Fiscal Year 2023 (division B of Public Law
19
117–263; 136 Stat. 3014), as amended by section 2808
20
of the Military Construction Authorization Act for Fiscal
21
Year 2025 (division B of Public Law 118–159), is further
22
amended by striking ‘‘September 30, 2028’’ and inserting
23
‘‘September 30, 2034’’.
24
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SEC. 2846. PILOT PROGRAM ON PROCUREMENT OF UTILITY
1
SERVICES FOR INSTALLATIONS OF THE DE-
2
PARTMENT
OF
DEFENSE
THROUGH
3
AREAWIDE CONTRACTS.
4
(a) PILOT PROGRAM REQUIRED.—Not later than 30
5
days after the date of the enactment of the Act, the Sec-
6
retary of Defense shall establish a pilot program for the
7
purposes of procuring utility services through an areawide
8
contract with a public utility provider for any services that
9
support energy resilience and mission readiness of an in-
10
stallation of the Department of Defense (in this section
11
referred to as the ‘‘pilot program’’).
12
(b) DURATION.—The Secretary of Defense shall
13
carry out the pilot program during the one-year period be-
14
ginning on the date of the commencement of the pilot pro-
15
gram.
16
(c) DEADLINE FOR CONTRACTS.—Not later than 180
17
days after the date of the enactment of this Act, the Sec-
18
retary of each military department shall enter into at least
19
one areawide contract under the pilot program.
20
(d) PUBLIC-PRIVATE
PARTNERSHIPS.—The Sec-
21
retary shall carry out the pilot program by entering into
22
one or more public-private partnerships through an
23
areawide contract entered into under the pilot program.
24
(e) COMPETITION.—The pilot program shall include
25
the development of a justification and approval template
26
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and waiver in accordance with part 6.302 of the Federal
1
Acquisition Regulation that is used by all acquisition com-
2
mands of the military departments in carrying out the
3
pilot program.
4
(f) REPORTING REQUIREMENT.—Not later than 90
5
days after the termination of the pilot program, the Sec-
6
retary of Defense shall submit to the congressional defense
7
committees a report that includes—
8
(1) an analysis of the pilot program, including
9
any efficiencies, benefits, and cost-savings associated
10
with utilizing areawide contracts under the pilot pro-
11
gram to procure utility services from a public utility
12
provider; and
13
(2) proposed solutions, including recommended
14
legislative text and modifications to the Federal Ac-
15
quisition Regulation or policy guidance of the De-
16
partment of Defense, to overcome any remaining
17
legal and policy hurdles that the Department identi-
18
fies as inhibiting adherence to and implementation
19
of section 2811(b) of the Military Construction Au-
20
thorization Act for Fiscal Year 2024 (division B of
21
Public Law 118–31; 10 U.S.C. 2920 note).
22
(g) DEFINITIONS.—In this section, the terms
23
‘‘areawide contract’’, ‘‘energy resilience’’, and ‘‘utility
24
service’’ have the meanings given those terms in section
25
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2811(b)(3) of the Military Construction Authorization Act
1
for Fiscal Year 2024 (division B of Public Law 118–31;
2
10 U.S.C. 2920 note).
3
SEC. 2847. AUTHORIZATION FOR MONETARY CONTRIBU-
4
TIONS TO THE CONVEYEES OF UTILITY SYS-
5
TEMS
FOR
INFRASTRUCTURE
IMPROVE-
6
MENTS.
7
Section 2688(k) of title 10, United States Codes, is
8
amended to read as follows:
9
‘‘(k) IMPROVEMENT
OF CONVEYED UTILITY SYS-
10
TEM.—(1) In lieu of carrying out a military construction
11
project for an infrastructure improvement that enhances
12
the reliability, resilience, efficiency, physical security, or
13
cybersecurity of a utility system conveyed under sub-
14
section (a), the Secretary concerned may use funds au-
15
thorized and appropriated for the project to make a mone-
16
tary contribution equal to the total amount for the com-
17
pleted project to the conveyee of the utility system to carry
18
out the project using a contract for utility services entered
19
into under subsection (d).
20
‘‘(2) All right, title, and interest to infrastructure im-
21
provements constructed by the conveyee pursuant to para-
22
graph (1) shall vest in the conveyee.
23
‘‘(3) The Secretary concerned shall provide to the
24
conveyee the necessary real property interests to access
25
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and use lands under the jurisdiction and control of the
1
Secretary for construction of the project under paragraph
2
(1) and for ongoing use, operations, and maintenance.
3
‘‘(4) If the Secretary concerned exercises a repur-
4
chase option under a contract entered into under sub-
5
section (d) for a system conveyed under subsection (a),
6
the Secretary shall receive an offset in the amount of the
7
contribution to the conveyee under paragraph (1) against
8
the payment made by the Secretary as consideration for
9
the repurchase, except that the maximum offset may not
10
exceed the full amount of the consideration for the repur-
11
chase.
12
‘‘(5) The Secretary concerned may make a monetary
13
contribution authorized by paragraph (1) without regard
14
to the following provisions of law:
15
‘‘(A) Sections 7540, 8612, and 9540 of this
16
title.
17
‘‘(B) Subchapters I and III of chapter 169 of
18
this title.
19
‘‘(C) Chapters 221 and 223 of this title.’’.
20
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SEC. 2848. PROHIBITION ON USE OF FUNDS FOR DEVELOP-
1
MENT OF GREENBURY POINT CONSERVATION
2
AREA AT NAVAL SUPPORT ACTIVITY ANNAP-
3
OLIS, MARYLAND.
4
(a) IN GENERAL.—None of the funds authorized to
5
be appropriated to the Department of Defense for fiscal
6
year 2026 may be used for any activity of the Department
7
of Defense related to the construction of any project com-
8
mencing on or after the date of the enactment of this Act
9
at Greenbury Point Conservation Area at Naval Support
10
Activity Annapolis, Maryland, that—
11
(1) constructs a new golf course at Greenbury
12
Point Conservation Area;
13
(2) limits public access to Greenbury Point
14
Conservation Area; or
15
(3) is in violation of section 2855 of the Na-
16
tional Defense Authorization Act for Fiscal Year
17
2024 (Public Law 118–31; 137 Stat. 766).
18
(b) OUTSIDE FUNDS PROHIBITED.—The Secretary
19
of Defense may not use any funds from sources outside
20
the Department of Defense to make improvements to
21
Greenbury Point Conservation Area at Naval Support Ac-
22
tivity Annapolis, Maryland.
23
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SEC. 2849. APPLICATION OF CERTAIN AUTHORITIES AND
1
STANDARDS TO HISTORIC MILITARY HOUS-
2
ING AND ASSOCIATED HISTORIC PROPERTIES
3
OF THE DEPARTMENT OF THE NAVY AND THE
4
DEPARTMENT OF THE AIR FORCE.
5
Title 54, United States Code, is amended by inserting
6
after section 307108 the following new section:
7
‘‘§ 307109. Application of certain authorities and
8
standards to historic military housing
9
and associated historic properties of the
10
Department of the Navy and the Depart-
11
ment of the Air Force
12
‘‘(a) APPLICATION OF CERTAIN AUTHORITY TO NAVY
13
AND AIR FORCE MILITARY FAMILY HOUSING.—The Sec-
14
retary of the Navy and the Secretary of the Air Force,
15
in satisfaction of requirements under this division, may
16
apply the authority and standards contained in the docu-
17
ments titled ‘Department of the Army Program Comment
18
for the Preservation of Pre-1919 Historic Army Housing,
19
Associated Buildings and Structures, and Landscape Fea-
20
tures’ (published on June 13, 2024) (89 Fed. Reg.
21
50350), ‘Department of the Army Program Comment for
22
Inter-War Era Historic Housing, Associated Buildings
23
and Structures, and Landscape Features (1919–1940)’
24
(published on October 13, 2020) (85 Fed. Reg. 64491),
25
and ‘Department of the Army Program Comment for Viet-
26
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nam War Era Historic Housing, Associated Buildings and
1
Structures, and Landscape Features (1963–1975)’ (pub-
2
lished on May 4, 2023) (88 Fed. Reg. 28573) to all mili-
3
tary housing (including privatized military housing under
4
subchapter IV of this chapter) constructed during the ap-
5
plicable periods.
6
‘‘(b) APPLICATION
OF CERTAIN AUTHORITY
TO
7
CAPEHART AND WHERRY ERA NAVY AND AIR FORCE
8
MILITARY FAMILY HOUSING.—The Secretary of the Navy
9
and the Secretary of the Air Force may apply the author-
10
ity and standards contained in the document titled ‘Pro-
11
gram Comment for Capehart and Wherry Era Housing
12
and Associated Structures and Landscape Features
13
(1949–1962)’ (published on November 18, 2005) (70 Fed.
14
Reg. 69959) to all military housing (including privatized
15
military housing under subchapter IV of this chapter) con-
16
structed during the period beginning on January 1, 1941,
17
and ending on December 31, 1948, located on a military
18
installation under the jurisdiction of the Secretary of the
19
Navy or the Secretary of the Air Force.
20
‘‘(c) TEMPORARY APPLICATION
OF CERTAIN AU-
21
THORITY TO VIETNAM WAR ERA NAVY AND AIR FORCE
22
MILITARY HOUSING.—During the period beginning on the
23
date of the enactment of the Military Construction Au-
24
thorization Act for Fiscal Year 2026 and ending on De-
25
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cember 31, 2045, the Secretary of the Navy and the Sec-
1
retary of the Air Force, in satisfaction of requirements
2
under this division, may apply the authority and standards
3
contained in the document titled ‘Department of the Army
4
Program Comment for Vietnam War Era Historic Hous-
5
ing, Associated Buildings and Structures, and Landscape
6
Features (1963–1975)’ (published on May 4, 2023) (88
7
Fed. Reg. 28573) to all military housing (including
8
privatized military housing under subchapter IV of this
9
chapter) constructed after 1975 located on a military in-
10
stallation under the jurisdiction of the Secretary of the
11
Navy or the Secretary of the Air Force.
12
‘‘(d) REPORT.—As part of each report of the Navy
13
or the Air Force required under section 3(c) of Executive
14
Order 13287 (54 U.S.C. 306101 note), the Secretary of
15
the Navy or the Secretary of the Air Force, as the case
16
may be, shall submit to the Advisory Council on Historic
17
Preservation a report on the implementation of this sec-
18
tion.
19
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
20
tion may be construed to preclude or require the amend-
21
ment of the documents of the Office of the Assistant Sec-
22
retary of the Army for Installations, Energy and Environ-
23
ment described in subsection (a) by the Secretary of the
24
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Army or the Chair of the Advisory Council on Historic
1
Preservation.’’.
2
DIVISION C—DEPARTMENT OF
3
ENERGY NATIONAL SECURITY
4
AUTHORIZATIONS
AND
5
OTHER AUTHORIZATIONS
6
TITLE
XXXI—DEPARTMENT
OF
7
ENERGY NATIONAL SECURITY
8
PROGRAMS
9
Subtitle A—National Security
10
Programs and Authorizations
11
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
12
TION.
13
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
14
are hereby authorized to be appropriated to the Depart-
15
ment of Energy for fiscal year 2026 for the activities of
16
the National Nuclear Security Administration in carrying
17
out programs as specified in the funding table in section
18
4701.
19
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—
20
From funds referred to in subsection (a) that are available
21
for carrying out plant projects, the Secretary of Energy
22
may carry out new plant projects for the National Nuclear
23
Security Administration as follows:
24
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Project 26-D-511 MESA Photolithography Ca-
1
pability (MPC), Sandia National Laboratories,
2
$40,000,000.
3
Project 26-D-510 Product Realization Infra-
4
structure for Stockpile Modernization, Lawrence
5
Livermore National Laboratory, $15,000,000.
6
Project
26-D-512
LANSCE
Modernization
7
Project (LAMP), Los Alamos National Laboratory,
8
$20,000,000.
9
Project 26-D-513 Combined Radiation Environ-
10
ments for Survivability Testing, Sandia National
11
Laboratories, $52,248,000.
12
Project 26-D-514 NIF Enhanced Fusion Yield
13
Capability, Lawrence Livermore National Labora-
14
tory, $26,000,000.
15
Project 26-D-530 East Side Office Building,
16
$75,000,000.
17
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SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
1
Funds are hereby authorized to be appropriated to
2
the Department of Energy for fiscal year 2026 for defense
3
environmental cleanup activities in carrying out programs
4
as specified in the funding table in section 4701.
5
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SEC. 3103. OTHER DEFENSE ACTIVITIES.
1
Funds are hereby authorized to be appropriated to
2
the Department of Energy for fiscal year 2026 for other
3
defense activities in carrying out programs as specified in
4
the funding table in section 4701.
5
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SEC. 3104. NUCLEAR ENERGY.
1
Funds are hereby authorized to be appropriated to
2
the Department of Energy for fiscal year 2026 for nuclear
3
energy as specified in the funding table in section 4701.
4
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Subtitle
B—Program
Authoriza-
1
tions, Restrictions, and Limita-
2
tions
3
SEC. 3111. ORGANIZATION AND CODIFICATION OF PROVI-
4
SIONS OF LAW RELATING TO ATOMIC EN-
5
ERGY DEFENSE ACTIVITIES.
6
(a) IN GENERAL.—Subpart A of part VI of subtitle
7
A of title 10, United States Code, is amended by adding
8
at the end the following new chapter:
9
‘‘CHAPTER 552—ATOMIC ENERGY
10
DEFENSE
11
‘‘CHAPTER 552—ATOMIC ENERGY DEFENSE
‘‘Sec. 5601. Definitions.
‘‘SUBCHAPTER I—ORGANIZATIONAL MATTERS
‘‘Sec. 5611. Naval Nuclear Propulsion Program.
‘‘Sec. 5612. Management structure for nuclear security enterprise.
‘‘Sec. 5613. Monitoring of industrial base for nuclear weapons components,
subsystems, and materials .
‘‘Sec. 5614. Common financial reporting system for the nuclear security enter-
prise .
‘‘Sec. 5615. Restriction on licensing requirement for certain defense activities
and facilities.
‘‘Sec. 5616. Establishment of Center for Security Technology, Analysis, Re-
sponse, and Testing.
‘‘SUBCHAPTER II—NUCLEAR WEAPONS STOCKPILE MATTERS
‘‘PART A—STOCKPILE STEWARDSHIP AND WEAPONS PRODUCTION
‘‘Sec. 5621. Stockpile stewardship program.
‘‘Sec. 5622. Portfolio management framework for National Nuclear Security
Administration .
‘‘Sec. 5623. Stockpile stewardship criteria.
‘‘Sec. 5624. Nuclear weapons stockpile stewardship, management, and respon-
siveness plan.
‘‘Sec. 5625. Major warhead refurbishment program .
‘‘Sec. 5626. Stockpile management program.
‘‘Sec. 5627. Annual assessments and reports to the President and Congress re-
garding the condition of the United States nuclear weapons
stockpile.
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‘‘Sec. 5628. Form of certifications regarding the safety or reliability of the nu-
clear weapons stockpile.
‘‘Sec. 5629. Nuclear test ban readiness program.
‘‘Sec. 5630. Requirements for specific request for new or modified nuclear
weapons.
‘‘Sec. 5631. Testing of nuclear weapons.
‘‘Sec. 5632. Manufacturing infrastructure for refabrication and certification of
nuclear weapons stockpile.
‘‘Sec. 5633. Acceleration of depleted uranium manufacturing processes .
‘‘Sec. 5634. Reports on critical difficulties at national security laboratories and
nuclear weapons production facilities.
‘‘Sec. 5635. Selected acquisition reports and independent cost estimates and re-
views of certain programs and facilities.
‘‘Sec. 5636. Advice to President and Congress regarding safety, security, and
reliability of United States nuclear weapons stockpile.
‘‘Sec. 5637. Notification of certain regulations that impact the National Nu-
clear Security Administration .
‘‘Sec. 5638. Plutonium pit production capacity.
‘‘Sec. 5639. Certification of completion of milestones with respect to plutonium
pit aging .
‘‘Sec. 5640. Authorization of workforce development and training partnership
programs within National Nuclear Security Administration .
‘‘Sec. 5641. Stockpile responsiveness program.
‘‘Sec. 5642. Long-term plan for meeting national security requirements for
unencumbered uranium.
‘‘Sec. 5643. Plan for domestic enrichment capability to satisfy Department of
Defense uranium requirements .
‘‘Sec. 5644. Incorporation of integrated surety architecture.
‘‘Sec. 5645. W93 nuclear warhead acquisition process.
‘‘Sec. 5646. Earned value management and technology readiness levels for life
extension programs.
‘‘PART B—TRITIUM
‘‘Sec. 5651. Tritium production program.
‘‘Sec. 5652. Tritium recycling.
‘‘Sec. 5653. Modernization and consolidation of tritium recycling facilities .
‘‘SUBCHAPTER III—PROLIFERATION MATTERS
‘‘Sec. 5661. Authority to conduct program relating to fissile materials.
‘‘Sec. 5662. Completion of material protection, control, and accounting activi-
ties in the Russian Federation .
‘‘Sec. 5663. Disposition of weapons-usable plutonium at Savannah River Site.
‘‘Sec. 5664. Disposition of surplus defense plutonium at Savannah River Site,
Aiken, South Carolina.
‘‘Sec. 5665. Acceleration of removal or security of fissile materials, radiological
materials, and related equipment at vulnerable sites worldwide.
‘‘Sec. 5666. Acceleration of replacement of cesium blood irradiation sources .
‘‘Sec. 5667. International agreements on nuclear weapons data.
‘‘Sec. 5668. International agreements on information on radioactive materials.
‘‘Sec. 5669. Defense nuclear nonproliferation management plan.
‘‘Sec. 5670. Information relating to certain defense nuclear nonproliferation
programs.
‘‘Sec. 5671. Annual Selected Acquisition Reports on certain hardware relating
to defense nuclear nonproliferation.
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‘‘SUBCHAPTER IV—DEFENSE ENVIRONMENTAL CLEANUP MATTERS
‘‘PART A—DEFENSE ENVIRONMENTAL CLEANUP
‘‘Sec. 5681. Defense environmental cleanup account.
‘‘Sec. 5682. Classification of defense environmental cleanup as capital asset
projects or operations activities .
‘‘Sec. 5683. Requirement to develop future use plans for defense environmental
cleanup.
‘‘Sec. 5684. Future-years defense environmental cleanup plan.
‘‘Sec. 5685. Accelerated schedule for defense environmental cleanup activities.
‘‘Sec. 5686. Defense environmental cleanup technology program.
‘‘Sec. 5687. Other programs relating to technology development.
‘‘Sec. 5688. Report on defense environmental cleanup expenditures.
‘‘Sec. 5689. Public participation in planning for defense environmental cleanup.
‘‘Sec. 5690. Policy of Department of Energy regarding future defense environ-
mental management matters .
‘‘Sec. 5691. Estimation of costs of meeting defense environmental cleanup mile-
stones required by consent orders.
‘‘Sec. 5692. Public statement of environmental liabilities.
‘‘PART B—CLOSURE OF FACILITIES
‘‘Sec. 5701. Reports in connection with permanent closures of Department of
Energy defense nuclear facilities.
‘‘Sec. 5702. Defense site acceleration completion .
‘‘Sec. 5703. Sandia National Laboratories .
‘‘Sec. 5704. Plan for deactivation and decommissioning of nonoperational de-
fense nuclear facilities.
‘‘PART C—HANFORD RESERVATION, WASHINGTON
‘‘Sec. 5711. Safety measures for waste tanks at Hanford Nuclear Reservation.
‘‘Sec. 5712. Hanford waste tank cleanup program reforms.
‘‘Sec. 5713. River protection project.
‘‘Sec. 5714. Notification regarding air release of radioactive or hazardous mate-
rial.
‘‘PART D—SAVANNAH RIVER SITE, SOUTH CAROLINA
‘‘Sec. 5721. Accelerated schedule for isolating high-level nuclear waste at the
Defense Waste Processing Facility, Savannah River Site.
‘‘Sec. 5722. Multi-year plan for clean-up.
‘‘Sec. 5723. Continuation of processing, treatment, and disposal of legacy nu-
clear materials.
‘‘SUBCHAPTER V—SAFEGUARDS AND SECURITY MATTERS
‘‘PART A—SAFEGUARDS AND SECURITY
‘‘Sec. 5731. Prohibition on international inspections of Department of Energy
facilities unless protection of restricted data is certified.
‘‘Sec. 5732. Restrictions on access to national security laboratories by foreign
visitors from sensitive countries.
‘‘Sec. 5733. Background investigations of certain personnel at Department of
Energy facilities.
‘‘Sec. 5734. Department of Energy counterintelligence polygraph program.
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‘‘Sec. 5735. Notice to congressional committees of certain security and counter-
intelligence failures within atomic energy defense programs.
‘‘Sec. 5736. Annual report and certification on status of security of atomic en-
ergy defense facilities.
‘‘Sec. 5737. Protection of certain nuclear facilities and assets from unmanned
aircraft.
‘‘Sec. 5738. Reporting on penetrations of networks of contractors and sub-
contractors.
‘‘PART B—CLASSIFIED INFORMATION
‘‘Sec. 5741. Review of certain documents before declassification and release.
‘‘Sec. 5742. Protection against inadvertent release of restricted data and for-
merly restricted data.
‘‘Sec. 5743. Supplement to plan for declassification of restricted data and for-
merly restricted data.
‘‘Sec. 5744. Protection of classified information during laboratory-to-laboratory
exchanges.
‘‘Sec. 5745. Identification in budget materials of amounts for declassification
activities and limitation on expenditures for such activities.
‘‘SUBCHAPTER VI—PERSONNEL MATTERS
‘‘PART A—PERSONNEL MANAGEMENT
‘‘Sec. 5751. Authority for appointment of certain scientific, engineering, and
technical personnel.
‘‘Sec. 5752. Whistleblower protection program.
‘‘Sec. 5753. Department of Energy defense nuclear facilities workforce restruc-
turing plan.
‘‘Sec. 5754. Authority to provide certificate of commendation to Department of
Energy and contractor employees for exemplary service in
stockpile stewardship and security.
‘‘PART B—EDUCATION AND TRAINING
‘‘Sec. 5761. Executive management training in Department of Energy.
‘‘Sec. 5762. Stockpile stewardship recruitment and training program.
‘‘Sec. 5763. Fellowship program for development of skills critical to the nuclear
security enterprise.
‘‘PART C—WORKER SAFETY
‘‘Sec. 5771. Worker protection at nuclear weapons facilities.
‘‘Sec. 5772. Safety oversight and enforcement at defense nuclear facilities.
‘‘Sec. 5773. Program to monitor department of energy workers exposed to haz-
ardous and radioactive substances.
‘‘Sec. 5774. Programs for persons who may have been exposed to radiation re-
leased from Hanford Nuclear Reservation.
‘‘Sec. 5775. Use of probabilistic risk assessment to ensure nuclear safety of fa-
cilities of the Administration and the Office of Environmental
Management.
‘‘Sec. 5776. Notification of nuclear criticality and non-nuclear incidents.
‘‘SUBCHAPTER VII—BUDGET AND FINANCIAL MANAGEMENT MATTERS
‘‘PART A—RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS
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‘‘Sec. 5781. Definitions.
‘‘Sec. 5782. Reprogramming.
‘‘Sec. 5783. Minor construction projects.
‘‘Sec. 5784. General plant projects .
‘‘Sec. 5785. Limits on construction projects.
‘‘Sec. 5786. Fund transfer authority.
‘‘Sec. 5787. Conceptual and construction design.
‘‘Sec. 5788. Authority for emergency planning, design, and construction activi-
ties.
‘‘Sec. 5789. Scope of authority to carry out plant projects.
‘‘Sec. 5790. Availability of funds.
‘‘Sec. 5791. Transfer of defense environmental cleanup funds.
‘‘Sec. 5792. Transfer of weapons activities funds.
‘‘Sec. 5793. Funds available for all national security programs of the Depart-
ment of Energy.
‘‘Sec. 5794. Notification of cost overruns for certain Department of Energy
projects.
‘‘Sec. 5795. Life-cycle cost estimates of certain atomic energy defense capital
assets.
‘‘Sec. 5796. Use of best practices for capital asset projects and nuclear weapon
life extension programs .
‘‘Sec. 5797. Matters relating to critical decisions.
‘‘Sec. 5798. Unfunded priorities of the Administration.
‘‘Sec. 5799. Review of adequacy of nuclear weapons budget.
‘‘Sec. 5800. Improvements to cost estimates informing analyses of alternatives.
‘‘PART B—PENALTIES
‘‘Sec. 5801. Restriction on use of funds to pay penalties under environmental
laws.
‘‘Sec. 5802. Restriction on use of funds to pay penalties under Clean Air Act.
‘‘PART C—OTHER MATTERS
‘‘Sec. 5811. Reports on financial balances for atomic energy defense activities.
‘‘Sec. 5812. Independent acquisition project reviews of capital assets acquisition
projects.
‘‘SUBCHAPTER VIII—ADMINISTRATIVE MATTERS
‘‘PART A—CONTRACTS
‘‘Sec. 5821. Costs not allowed under covered contracts.
‘‘Sec. 5822. Prohibition and report on bonuses to contractors operating defense
nuclear facilities.
‘‘Sec. 5823. Assessments of emergency preparedness of defense nuclear facili-
ties.
‘‘Sec. 5824. Contractor liability for injury or loss of property arising out of
atomic weapons testing programs.
‘‘Sec. 5825. Notice-and-wait requirement applicable to certain third-party fi-
nancing arrangements.
‘‘Sec. 5826. Publication of contractor performance evaluations leading to award
fees.
‘‘Sec. 5827. Enhanced procurement authority to manage supply chain risk.
‘‘Sec. 5828. Cost-benefit analyses for competition of management and operating
contracts.
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‘‘PART B—RESEARCH AND DEVELOPMENT
‘‘Sec. 5831. Laboratory-directed research and development programs.
‘‘Sec. 5832. Laboratory-directed research and development.
‘‘Sec. 5833. Funding for laboratory directed research and development .
‘‘Sec. 5834. Charges to individual program, project, or activity.
‘‘Sec. 5835. Limitations on use of funds for laboratory directed research and
development purposes.
‘‘Sec. 5836. Report on use of funds for certain research and development pur-
poses.
‘‘Sec. 5837. Critical technology partnerships and cooperative research and de-
velopment centers.
‘‘Sec. 5838. University-based research collaboration program.
‘‘Sec. 5839. Limitation on establishing an enduring bioassurance program with-
in the administration.
‘‘PART C—FACILITIES MANAGEMENT
‘‘Sec. 5841. Transfers of real property at certain Department of Energy facili-
ties.
‘‘Sec. 5842. Engineering and manufacturing research, development, and dem-
onstration by managers of certain nuclear weapons production
facilities.
‘‘Sec. 5843. Activities at covered nuclear weapons facilities .
‘‘Sec. 5844. Pilot program relating to use of proceeds of disposal or utilization
of certain department of energy assets.
‘‘Sec. 5845. Department of Energy energy parks program.
‘‘Sec. 5846. Authority to use passenger carriers for contractor commuting.
‘‘PART D—OTHER MATTERS
‘‘Sec. 5851. Payment of costs of operation and maintenance of infrastructure
at Nevada National Security Site.
‘‘Sec. 5852. University-based defense nuclear policy collaboration program.
‘‘§ 5601. Definitions
1
‘‘Except as otherwise provided, in this chapter:
2
‘‘(1) The term ‘Administration’ means the Na-
3
tional Nuclear Security Administration.
4
‘‘(2) The term ‘Administrator’ means the Ad-
5
ministrator for Nuclear Security.
6
‘‘(3) The term ‘classified information’ means
7
any information that has been determined pursuant
8
to Executive Order No. 12333 of December 4, 1981
9
(50 U.S.C. 3001 note), Executive Order No. 12958
10
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of April 17, 1995 (50 U.S.C. 3161 note), Executive
1
Order No. 13526 of December 29, 2009 (50 U.S.C.
2
3161 note), or successor orders, to require protec-
3
tion against unauthorized disclosure and that is so
4
designated.
5
‘‘(4) The term ‘congressional defense commit-
6
tees’ means—
7
‘‘(A) the Committee on Armed Services
8
and the Committee on Appropriations of the
9
Senate; and
10
‘‘(B) the Committee on Armed Services
11
and the Committee on Appropriations of the
12
House of Representatives.
13
‘‘(5) The terms ‘defense nuclear facility’ and
14
‘Department of Energy defense nuclear facility’ have
15
the meaning given the term ‘Department of Energy
16
defense nuclear facility’ in section 318 of the Atomic
17
Energy Act of 1954 (42 U.S.C. 2286g).
18
‘‘(6) The term ‘nuclear security enterprise’
19
means the physical facilities, technology, and human
20
capital of the national security laboratories and the
21
nuclear weapons production facilities.
22
‘‘(7) The term ‘national security laboratory’
23
means any of the following:
24
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‘‘(A) Los Alamos National Laboratory, Los
1
Alamos, New Mexico.
2
‘‘(B) Sandia National Laboratories, Albu-
3
querque, New Mexico, and Livermore, Cali-
4
fornia.
5
‘‘(C) Lawrence Livermore National Lab-
6
oratory, Livermore, California.
7
‘‘(8) The term ‘Nuclear Weapons Council’
8
means the Nuclear Weapons Council established by
9
section 179.
10
‘‘(9) The term ‘nuclear weapons production fa-
11
cility’ means any of the following:
12
‘‘(A) The Kansas City National Security
13
Campus, Kansas City, Missouri.
14
‘‘(B) The Pantex Plant, Amarillo, Texas.
15
‘‘(C) The Y–12 National Security Com-
16
plex, Oak Ridge, Tennessee.
17
‘‘(D) The Savannah River Site, Aiken,
18
South Carolina.
19
‘‘(E) The Nevada National Security Site,
20
Nevada.
21
‘‘(F) Any facility of the Department of En-
22
ergy that the Secretary of Energy, in consulta-
23
tion with the Administrator and Congress, de-
24
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termines to be consistent with the mission of
1
the Administration.
2
‘‘(10) The term ‘Restricted Data’ has the
3
meaning given such term in section 11 y. of the
4
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
5
‘‘SUBCHAPTER I—ORGANIZATIONAL MATTERS
6
‘‘§ 5611. Naval Nuclear Propulsion Program
7
‘‘The provisions of Executive Order Numbered
8
12344, dated February 1, 1982, pertaining to the Naval
9
Nuclear Propulsion Program, shall remain in force until
10
changed by law.
11
‘‘§ 5612. Management structure for nuclear security
12
enterprise
13
‘‘(a) IN GENERAL.—The Administrator shall estab-
14
lish a management structure for the nuclear security en-
15
terprise in accordance with the National Nuclear Security
16
Administration Act (50 U.S.C. 2401 et seq.).
17
‘‘(b) NATIONAL NUCLEAR SECURITY ADMINISTRA-
18
TION COUNCIL.—
19
‘‘(1) The Administrator shall establish a council
20
to be known as the ‘National Nuclear Security Ad-
21
ministration Council’. The Council may advise the
22
Administrator on—
23
‘‘(A) scientific and technical issues relating
24
to policy matters;
25
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‘‘(B) operational concerns;
1
‘‘(C) strategic planning;
2
‘‘(D) the development of priorities relating
3
to the mission and operations of the Adminis-
4
tration and the nuclear security enterprise; and
5
‘‘(E) such other matters as the Adminis-
6
trator determines appropriate.
7
‘‘(2) The Council shall be composed of the di-
8
rectors of the national security laboratories and the
9
nuclear weapons production facilities.
10
‘‘(3) The Council may provide the Adminis-
11
trator or the Secretary of Energy recommenda-
12
tions—
13
‘‘(A) for improving the governance, man-
14
agement, effectiveness, and efficiency of the Ad-
15
ministration; and
16
‘‘(B) relating to any other matter in ac-
17
cordance with paragraph (1).
18
‘‘(4) Not later than 60 days after the date on
19
which any recommendation under paragraph (3) is
20
received, the Administrator or the Secretary, as the
21
case may be, shall respond to the Council with re-
22
spect to whether such recommendation will be imple-
23
mented and the reasoning for implementing or not
24
implementing such recommendation.
25
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‘‘(c) RULE OF CONSTRUCTION.—This section may
1
not be construed as affecting the authority of the Sec-
2
retary of Energy, in carrying out national security pro-
3
grams, with respect to the management, planning, and
4
oversight of the Administration or as affecting the delega-
5
tion by the Secretary of authority to carry out such activi-
6
ties, as set forth under subsection (a) of section 4102 of
7
the Atomic Energy Defense Act (50 U.S.C. 2512) as it
8
existed before the date of the enactment of the National
9
Defense Authorization Act for Fiscal Year 2013 (Public
10
Law 112–239; 126 Stat. 2169).
11
‘‘§ 5613. Monitoring of industrial base for nuclear
12
weapons components, subsystems, and
13
materials
14
‘‘(a) DESIGNATION OF OFFICIAL.—Not later than
15
March 1, 2021, the Administrator shall designate a senior
16
official within the Administration to be responsible for
17
monitoring the industrial base that supports the nuclear
18
weapons components, subsystems, and materials of the
19
Administration, including—
20
‘‘(1) the consistent monitoring of the current
21
status of the industrial base;
22
‘‘(2) tracking of industrial base issues over
23
time; and
24
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‘‘(3) proactively identifying gaps or risks in spe-
1
cific areas relating to the industrial base.
2
‘‘(b) PROVISION
OF RESOURCES.—The Adminis-
3
trator shall ensure that the official designated under sub-
4
section (a) is provided with resources sufficient to conduct
5
the monitoring required by that subsection.
6
‘‘(c) CONSULTATIONS.—The Administrator, acting
7
through the official designated under subsection (a), shall,
8
to the extent practicable and beneficial, in conducting the
9
monitoring required by that subsection, consult with—
10
‘‘(1) officials of the Department of Defense who
11
are members of the Nuclear Weapons Council estab-
12
lished under section 179;
13
‘‘(2) officials of the Department of Defense re-
14
sponsible for the defense industrial base; and
15
‘‘(3) other components of the Department of
16
Energy that rely on similar components, subsystems,
17
or materials.
18
‘‘(d) BRIEFINGS.—
19
‘‘(1) INITIAL BRIEFING.—Not later than April
20
1, 2021, the Administrator shall provide to the Com-
21
mittees on Armed Services of the Senate and the
22
House of Representatives a briefing on the designa-
23
tion of the official required by subsection (a), includ-
24
ing on—
25
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‘‘(A) the responsibilities assigned to that
1
official; and
2
‘‘(B) the plan for providing that official
3
with resources sufficient to conduct the moni-
4
toring required by subsection (a).
5
‘‘(2) SUBSEQUENT BRIEFINGS.—Not later than
6
April 1, 2022, and annually thereafter through
7
2024, the Administrator shall provide to the Com-
8
mittees on Armed Services of the Senate and the
9
House of Representatives a briefing on activities car-
10
ried out under this section that includes an assess-
11
ment of the progress made by the official designated
12
under subsection (a) in conducting the monitoring
13
required by that subsection.
14
‘‘(e) REPORTS.—The Administrator, acting through
15
the official designated under subsection (a), shall submit
16
to the Committees on Armed Services of the Senate and
17
the House of Representatives, contemporaneously with
18
each briefing required by subsection (d)(2), a report—
19
‘‘(1) identifying actual or potential risks to or
20
specific gaps in any element of the industrial base
21
that supports the nuclear weapons components, sub-
22
systems, or materials of the Administration;
23
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‘‘(2) describing the actions the Administration
1
is taking to further assess, characterize, and
2
prioritize such risks and gaps;
3
‘‘(3) describing mitigating actions, if any, the
4
Administration has underway or planned to mitigate
5
any such risks or gaps;
6
‘‘(4) setting forth the anticipated timelines and
7
resources needed for such mitigating actions; and
8
‘‘(5) describing the nature of any coordination
9
with or burden sharing by other departments or
10
agencies of the Federal Government or the private
11
sector to address such risks and gaps.
12
‘‘§ 5614. Common financial reporting system for the
13
nuclear security enterprise
14
‘‘(a) IN GENERAL.—By not later than four years
15
after the date of the enactment of the National Defense
16
Authorization Act for Fiscal Year 2017 (Public Law 114–
17
328), the Administrator shall, in consultation with the Na-
18
tional Nuclear Security Administration Council estab-
19
lished by section 5612, complete, to the extent practicable,
20
the implementation of a common financial reporting sys-
21
tem for the nuclear security enterprise.
22
‘‘(b) ELEMENTS.—The common financial reporting
23
system implemented pursuant to subsection (a) shall in-
24
clude the following:
25
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‘‘(1) Common data reporting requirements for
1
work performed using funds of the Administration,
2
including reporting of financial data by standardized
3
labor categories, labor hours, functional elements,
4
and cost elements.
5
‘‘(2) A common work breakdown structure for
6
the Administration that aligns contractor work
7
breakdown structures with the budget structure of
8
the Administration.
9
‘‘(3) Definitions and methodologies for identi-
10
fying and reporting costs for programs of records
11
and base capabilities within the Administration.
12
‘‘(4) A capability to leverage, where appro-
13
priate, the Defense Cost Analysis Resource Center
14
of the Office of Cost Assessment and Program Eval-
15
uation of the Department of Defense using historical
16
costing data by the Administration.
17
‘‘(c) REPORTS.—
18
‘‘(1) IN GENERAL.—Not later than March 1,
19
2017, and annually thereafter, the Administrator
20
shall, in consultation with the National Nuclear Se-
21
curity Administration Council, submit to the con-
22
gressional defense committees a report on progress
23
of the Administration toward implementing a com-
24
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mon financial reporting system for the nuclear secu-
1
rity enterprise as required by subsection (a).
2
‘‘(2) REPORT.—Each report under this sub-
3
section shall include the following:
4
‘‘(A) A summary of activities, accomplish-
5
ments, challenges, benefits, and costs related to
6
the implementation of a common financial re-
7
porting system for the nuclear security enter-
8
prise during the year preceding the year in
9
which such report is submitted.
10
‘‘(B) A summary of planned activities in
11
connection with the implementation of a com-
12
mon financial reporting system for the nuclear
13
security enterprise in the year in which such re-
14
port is submitted.
15
‘‘(C) A description of any anticipated
16
modifications to the schedule for implementing
17
a common financial reporting system for the
18
nuclear security enterprise, including an update
19
on possible risks, challenges, and costs related
20
to such implementation.
21
‘‘(3) TERMINATION.—No report is required
22
under this subsection after the completion of the im-
23
plementation of a common financial reporting sys-
24
tem for the nuclear security enterprise.
25
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‘‘§ 5615. Restriction on licensing requirement for cer-
1
tain defense activities and facilities
2
‘‘None of the funds authorized to be appropriated by
3
the Department of Energy National Security and Military
4
Applications of Nuclear Energy Authorization Act of 1981
5
(Public Law 96–540; 94 Stat. 3197) or any other Act may
6
be used for any purpose related to licensing of any defense
7
activity or facility of the Department of Energy by the
8
Nuclear Regulatory Commission.
9
‘‘§ 5616. Establishment of Center for Security Tech-
10
nology, Analysis, Response, and Testing
11
‘‘(a) ESTABLISHMENT.—The Administrator for Nu-
12
clear Security shall establish within the nuclear security
13
enterprise a Center for Security Technology, Analysis, Re-
14
sponse, and Testing.
15
‘‘(b) DUTIES.—The center established under sub-
16
section (a) shall carry out the following:
17
‘‘(1) Provide to the Administrator, the Chief of
18
Defense Nuclear Security, and the management and
19
operating contractors of the nuclear security enter-
20
prise a wide range of objective expertise on security
21
technologies, systems, analysis, testing, and response
22
forces.
23
‘‘(2) Assist the Administrator in developing
24
standards, requirements, analysis methods, and test-
25
ing criteria with respect to security.
26
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‘‘(3) Collect, analyze, and distribute lessons
1
learned with respect to security.
2
‘‘(4) Support inspections and oversight activi-
3
ties with respect to security.
4
‘‘(5) Promote professional development and
5
training for security professionals.
6
‘‘(6) Provide for advance and bulk procurement
7
for security-related acquisitions that affect multiple
8
facilities of the nuclear security enterprise.
9
‘‘(7) Advocate for continual improvement and
10
security excellence throughout the nuclear security
11
enterprise.
12
‘‘(8) Such other duties as the Administrator
13
may assign.
14
‘‘SUBCHAPTER II—NUCLEAR WEAPONS
15
STOCKPILE MATTERS
16
‘‘PART A—STOCKPILE STEWARDSHIP AND
17
WEAPONS PRODUCTION
18
‘‘§ 5621. Stockpile stewardship program
19
‘‘(a) ESTABLISHMENT.—The Secretary of Energy,
20
acting through the Administrator, shall establish a stew-
21
ardship program to ensure—
22
‘‘(1) the preservation of the core intellectual
23
and technical competencies of the United States in
24
nuclear weapons, including weapons design, system
25
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integration, manufacturing, security, use control, re-
1
liability assessment, and certification; and
2
‘‘(2) that the nuclear weapons stockpile is safe,
3
secure, and reliable without the use of underground
4
nuclear weapons testing.
5
‘‘(b) PROGRAM ELEMENTS.—The program shall in-
6
clude the following:
7
‘‘(1) An increased level of effort for the con-
8
struction of new facilities and the modernization of
9
existing facilities with production and manufacturing
10
capabilities that are necessary to support the deter-
11
rence of strategic attacks against the United States
12
by maintaining and enhancing the performance, reli-
13
ability, and security of the United States nuclear
14
weapons stockpile, including—
15
‘‘(A) the nuclear weapons production facili-
16
ties; and
17
‘‘(B) production and manufacturing capa-
18
bilities resident in the national security labora-
19
tories.
20
‘‘(2) Support for advanced computational capa-
21
bilities to enhance the simulation and modeling ca-
22
pabilities of the United States with respect to the
23
performance over time of nuclear weapons.
24
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‘‘(3) Support for above-ground experimental
1
programs, such as hydrotesting, high-energy lasers,
2
inertial confinement fusion, plasma physics, and ma-
3
terials research.
4
‘‘(4) Support for the modernization of facilities
5
and projects that contribute to the experimental ca-
6
pabilities of the United States that support the
7
sustainment and modernization of the United States
8
nuclear weapons stockpile and the capabilities re-
9
quired to assess nuclear weapons effects.
10
‘‘(5) Support for the use of, and experiments
11
facilitated by, the advanced experimental facilities of
12
the United States, including—
13
‘‘(A) the National Ignition Facility at Law-
14
rence Livermore National Laboratory;
15
‘‘(B) the Dual Axis Radiographic Hydro-
16
dynamic Test Facility at Los Alamos National
17
Laboratory;
18
‘‘(C) the Z Machine at Sandia National
19
Laboratories; and
20
‘‘(D) the experimental facilities at the Ne-
21
vada National Security Site.
22
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‘‘§ 5622. Portfolio management framework for Na-
1
tional Nuclear Security Administration
2
‘‘(a) IN GENERAL.—Not later than one year after the
3
date of the enactment of the National Defense Authoriza-
4
tion Act for Fiscal Year 2022 (Public Law 117–81), the
5
Administrator shall—
6
‘‘(1) in consultation with the Nuclear Weapons
7
Council established under section 179, develop and
8
implement a portfolio management framework for
9
the nuclear security enterprise that—
10
‘‘(A) defines the Administration’s portfolio
11
of nuclear weapons stockpile and infrastructure
12
maintenance and modernization programs;
13
‘‘(B) establishes a portfolio governance
14
structure, including portfolio-level selection cri-
15
teria, prioritization criteria, and performance
16
metrics;
17
‘‘(C) outlines the approach of the Adminis-
18
tration to managing that portfolio; and
19
‘‘(D) incorporates the leading practices
20
identified by the Comptroller General of the
21
United States in the report titled ‘‘Nuclear Se-
22
curity Enterprise: NNSA Should Use Portfolio
23
Management Leading Practices to Support
24
Modernization
Efforts’’
(GAO-21-398)
and
25
dated June 2021; and
26
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‘‘(2) complete an integrated, comprehensive as-
1
sessment of the portfolio management capabilities
2
required to execute the weapons activities portfolio
3
of the Administration.
4
‘‘(b) BRIEFING REQUIREMENT.—Not later than June
5
1, 2022, the Administrator shall provide to the congres-
6
sional defense committees a briefing on—
7
‘‘(1) the progress of the Administrator in devel-
8
oping the framework described in paragraph (1) of
9
subsection (a) and completing the assessment re-
10
quired by paragraph (2) of that subsection; and
11
‘‘(2) the plans of the Administrator for imple-
12
menting the recommendations of the Comptroller
13
General in the report referred to in paragraph
14
(1)(D) of that subsection.
15
‘‘§ 5623. Stockpile stewardship criteria
16
‘‘(a) REQUIREMENT FOR CRITERIA.—The Secretary
17
of Energy shall develop clear and specific criteria for judg-
18
ing whether the science-based tools being used by the De-
19
partment of Energy for determining the safety and reli-
20
ability of the nuclear weapons stockpile are performing in
21
a manner that will provide an adequate degree of certainty
22
that the stockpile is safe and reliable.
23
‘‘(b) COORDINATION WITH SECRETARY
OF DE-
24
FENSE.—The Secretary of Energy, in developing the cri-
25
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teria required by subsection (a), shall coordinate with the
1
Secretary of Defense.
2
‘‘§ 5624. Nuclear weapons stockpile stewardship,
3
management, and responsiveness plan
4
‘‘(a) PLAN REQUIREMENT.—The Administrator, in
5
consultation with the Secretary of Defense and other ap-
6
propriate officials of the departments and agencies of the
7
Federal Government, shall develop and annually update
8
a plan for sustaining the nuclear weapons stockpile. The
9
plan shall cover, at a minimum, stockpile stewardship,
10
stockpile management, stockpile responsiveness, stockpile
11
surveillance, program direction, infrastructure moderniza-
12
tion, human capital, and nuclear test readiness. The plan
13
shall be consistent with the programmatic and technical
14
requirements of the most recent annual Nuclear Weapons
15
Stockpile Memorandum.
16
‘‘(b) SUBMISSIONS TO CONGRESS.—
17
‘‘(1) In accordance with subsection (c), not
18
later than March 15 of each even-numbered year,
19
the Administrator shall submit to the congressional
20
defense committees a summary of the plan developed
21
under subsection (a).
22
‘‘(2) In accordance with subsection (d), not
23
later than March 15 of each odd-numbered year, the
24
Administrator shall submit to the congressional de-
25
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fense committees a detailed report on the plan devel-
1
oped under subsection (a).
2
‘‘(3) The summaries and reports required by
3
this subsection shall be submitted in unclassified
4
form, but may include a classified annex.
5
‘‘(c) ELEMENTS OF BIENNIAL PLAN SUMMARY.—
6
Each summary of the plan submitted under subsection
7
(b)(1) shall include, at a minimum, the following:
8
‘‘(1) A summary of the status of the nuclear
9
weapons stockpile, including the number and age of
10
warheads (including both active and inactive) for
11
each warhead type.
12
‘‘(2) A summary of the status, plans, budgets,
13
and schedules for warhead life extension programs
14
and any other programs to modify, update, or re-
15
place warhead types.
16
‘‘(3) A summary of the methods and informa-
17
tion used to determine that the nuclear weapons
18
stockpile is safe and reliable, as well as the relation-
19
ship of science-based tools to the collection and in-
20
terpretation of such information.
21
‘‘(4) A summary of the status of the nuclear se-
22
curity enterprise, including programs and plans for
23
infrastructure modernization and retention of human
24
capital, as well as associated budgets and schedules.
25
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‘‘(5) A summary of the status, plans, and budg-
1
ets for carrying out the stockpile responsiveness pro-
2
gram under section 5641.
3
‘‘(6) A summary of the plan regarding the re-
4
search and development, deployment, and lifecycle
5
sustainment of technologies described in subsection
6
(d)(7).
7
‘‘(7) A summary of the assessment under sub-
8
section (d)(8) regarding the execution of programs
9
with current and projected budgets and any associ-
10
ated risks.
11
‘‘(8) Identification of any modifications or up-
12
dates to the plan since the previous summary or de-
13
tailed report was submitted under subsection (b).
14
‘‘(9) Such other information as the Adminis-
15
trator considers appropriate.
16
‘‘(d) ELEMENTS OF BIENNIAL DETAILED REPORT.—
17
Each detailed report on the plan submitted under sub-
18
section (b)(2) shall include, at a minimum, the following:
19
‘‘(1) With respect to stockpile stewardship,
20
stockpile management, and stockpile responsive-
21
ness—
22
‘‘(A) the status of the nuclear weapons
23
stockpile, including the number and age of war-
24
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heads (including both active and inactive) for
1
each warhead type;
2
‘‘(B) for each five-year period occurring
3
during the period beginning on the date of the
4
report and ending on the date that is 20 years
5
after the date of the report—
6
‘‘(i) the planned number of nuclear
7
warheads (including active and inactive)
8
for each warhead type in the nuclear weap-
9
ons stockpile; and
10
‘‘(ii) the past and projected future
11
total lifecycle cost of each type of nuclear
12
weapon;
13
‘‘(C) the status, plans, budgets, and sched-
14
ules for warhead life extension programs and
15
any other programs to modify, update, or re-
16
place warhead types;
17
‘‘(D) a description of the process by which
18
the Administrator assesses the lifetimes, and re-
19
quirements for life extension or replacement, of
20
the nuclear and non-nuclear components of the
21
warheads (including active and inactive war-
22
heads) in the nuclear weapons stockpile;
23
‘‘(E) a description of the process used in
24
recertifying the safety, security, and reliability
25
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of each warhead type in the nuclear weapons
1
stockpile;
2
‘‘(F) any concerns of the Administrator
3
that would affect the ability of the Adminis-
4
trator to recertify the safety, security, or reli-
5
ability of warheads in the nuclear weapons
6
stockpile (including active and inactive war-
7
heads);
8
‘‘(G) mechanisms to provide for the manu-
9
facture, maintenance, and modernization of
10
each warhead type in the nuclear weapons
11
stockpile, as needed;
12
‘‘(H) mechanisms to expedite the collection
13
of information necessary for carrying out the
14
stockpile management program required by sec-
15
tion 5626, including information relating to the
16
aging of materials and components, new manu-
17
The text is cut here.